2022 ANNUAL REPORT

 

 

1)

Section

Amended Chapter Numbers:

 

3-6-1

192 and 193

 

 

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 forty-eight ounces (36 oz.) (48 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 up to sixteen ounces

(12 oz.) (16 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 forty-eight (48) twelve-ounce (12 oz.) bottles or cans or forty-eight (48) sixteen-

ounce (16 oz.) bottles or cans of malt beverages, or one thousand five hundred milliliters (1,500

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 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.

All manufacturer licenses conducting retail sales or providing samples shall be subject to

compliance with alcohol server training and liquor liability insurance requirements set forth in §§

3-7-6.1 and 3-7-29 and the regulations promulgated thereunder.

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

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

for a distillery producing less than or equal to fifty thousand gallons (50,000 gal.) 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 gallons (50,000 gal.) per year and five hundred dollars ($500)

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

fees are prorated to the year ending December 1 in every calendar year and shall be paid to the

general treasurer for the use of the state.


 

 

 

 

 

 

 

2)

Section

Amended Chapter Numbers:

 

3-6-1.2

3 and 4

 

 

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. The license also authorizes the sale

of beverages produced on the premises in an amount not in excess of forty-eight (48) twelve-ounce

(12 oz.) bottles or cans or forty-eight (48) sixteen-ounce (16 oz.) bottles or cans of malt beverages,

or one thousand five hundred milliliters (1,500 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.

     (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 gallons (50,000 gal.) per year and five hundred dollars ($500) per year for

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

be prorated to the year ending December 1 in every calendar year and paid to the general treasurer

for the use of the state.

     (e) [Expires March 1, 2022]. A holder of a brewpub manufacturer's license will be

permitted to sell, with take-out food orders, up to two (2) seven hundred fifty millimeter (750 ml)

bottles of wine or the equivalent volume of wine in smaller factory sealed containers, or seventy-

two ounces (72 oz.) of mixed wine-based drinks or single-serving wine in containers sealed in such

a way as to prevent re-opening without obvious evidence that the seal was removed or broken, one

hundred forty-four ounces (144 oz.) of beer or mixed beverages in original factory sealed

containers, and one hundred forty-four ounces (144 oz.) of draft beer or seventy-two ounces (72

oz.) of mixed beverages containing not more than nine ounces (9 oz.) of distilled spirits in growlers,

bottles, or other containers sealed in such a way as to prevent re-opening without obvious evidence

that the seal was removed or broken, provided such sales shall be made in accordance with § 1.4.10

of the department of business regulation (DBR) liquor control administration regulations, 230-

RICR-30-10-1, and any other DBR regulations.

     (1) [Expires March 1, 2022]. Delivery of alcoholic beverages with food from a brewpub

licensee is prohibited.

     (2) The provisions of subsection (e) and (e)(1) of this section shall remain permanent and

any sunset provision pursuant to section 3 of chapter 129 P.L. 2021, ch. 129, § 3 or section 3 of

chapter 130 P.L. 2021, ch. 130, § 3 of the public laws of 2021 shall be void.


 

 

 

 

 

 

 

 

3)

Section

Amended Chapter Numbers:

 

3-7-7

3 and 4

 

 

3-7-7. Class B license.

 (a)(1) A retailer's Class B license is issued only to a licensed bona fide tavern keeper or

victualer whose tavern or victualing house may be open for business and regularly patronized at

least from nine o'clock (9:00) a.m. to seven o'clock (7:00) p.m. provided no beverage is sold or

served after one o'clock (1:00) a.m., nor before six o'clock (6:00) a.m. Local licensing boards may

fix an earlier closing time within their jurisdiction, at their discretion. The East Greenwich town

council may, in its discretion, issue full and limited Class B licenses which may not be transferred,

but which shall revert to the town of East Greenwich if not renewed by the holder. The Cumberland

town council may, in its discretion, issue full and limited Class B licenses which may not be

transferred to another person or entity, or to another location, but which shall revert to the town of

Cumberland if not renewed by the holder.

     The Pawtucket city council may, in its discretion, issue full and limited Class B licenses

which may not be transferred to another person or entity, or to another location, but which shall

revert to the city of Pawtucket if not renewed by the holder. This legislation shall not affect any

Class B license holders whose licenses were issued by the Pawtucket city council with the right to

transfer.

     (2) The license authorizes the holder to keep for sale and sell beverages including beer in

cans, at retail at the place described and to deliver them for consumption on the premises or place

where sold, but only at tables or a lunch bar where food is served. It also authorizes the charging

of a cover, minimum, or door charge. The amount of the cover, or minimum, or door charge shall

be posted at the entrance of the establishments in a prominent place.

     (i) [Expires March 1, 2022]. A holder of a Class B license will be permitted to sell, with

take-out food orders, up to two (2) seven hundred fifty millimeter (750 ml) bottles of wine or the

equivalent volume of wine in smaller factory sealed containers, or seventy-two ounces (72 oz.) of

mixed wine-based drinks or single-serving wine in containers sealed in such a way as to prevent

re-opening without obvious evidence that the seal was removed or broken, one hundred forty-four

ounces (144 oz.) of beer or mixed beverages in original factory sealed containers, and one hundred

forty-four ounces (144 oz.) of draft beer or seventy-two ounces (72 oz.) of mixed beverages

containing not more than nine ounces (9 oz.) of distilled spirits in growlers, bottles, or other

containers sealed in such a way as to prevent re-opening without obvious evidence that the seal was

removed or broken, provided such sales shall be made in accordance with § 1.4.10 of the

department of business regulation (DBR) liquor control administration regulations, 230-RICR-30-

10-1, and any other DBR regulations. A Class B license holder shall not sell alcoholic beverages

under the provisions of this subsection for a lower price than what is charged for the same beverage

for consumption on the premises.

     (ii) [Expires March 1, 2022]. Delivery of alcoholic beverages with food from a Class B

licensee is prohibited.

     (iii) The provisions of subsection subsections (a)(2)(i) and (a)(2)(ii) of this section shall

remain permanent and any sunset provision pursuant to section 3 of chapter 129 P.L. 2021, ch.129,

§ 3 or section 3 of chapter 130 P.L. 2021, ch. 130, § 3 of the public laws of 2021 shall be void.

     (3) Holders of licenses are not permitted to hold dances within the licensed premises, unless

proper permits have been properly obtained from the local licensing authorities.

     (4) Any holder of a Class B license may, upon the approval of the local licensing board

and for the additional payment of two hundred dollars ($200) to five hundred dollars ($500), open

for business at twelve o'clock (12:00) p.m. and on Fridays and Saturdays and the night before legal

state holidays may close at two o'clock (2:00) a.m. All requests for a two o'clock (2:00) a.m. license

shall be advertised by the local licensing board in a newspaper having a circulation in the county

where the establishment applying for the license is located.

     (5) A holder of a retailer's Class B license is allowed to erect signs advertising his or her

business and products sold on the premises, including neon signs, and is allowed to light those signs

during all lawful business hours, including Sundays and holidays.

     (6) Notwithstanding the provisions of subsection (a) and/or § 3-7-16.4, a holder of a retail

class B and/or class ED license may apply to the municipality in which the licensee is located for

a permit to conduct a so-called "Lock-In Event", under the following conditions:

     (i) A "Lock-In Event" is defined as an event where a specified group of individuals are

permitted to remain in a licensed premises after closing hours including, but not limited to, the

hours of 1:00 a.m. to 6:00 a.m.

     (ii) A Lock-In Event must have the approval of the municipal licensing authority pursuant

to a permit issued for each such event, subject to such conditions as may attach to the permit. The

fee for the permit shall be not less than fifty dollars ($50.00) nor more than one hundred dollars

($100). The granting or denial of a Lock-In Event permit shall be in the sole discretion of the

municipal licensing authority and there shall be no appeal from the denial of such a permit.

     (iii) During the entire period of any Lock-In Event, all alcoholic beverages must be secured

in place or removed from the public portion of the premises and secured to the satisfaction of the

municipality issuing the Lock-In Event permit.

     (iv) During the Lock-In Event, the establishment shall be exclusively occupied by the

Lock-In Event participants and no other patrons shall be admitted to the premises who are not

participants. It shall be a condition of the permit that participants shall not be admitted more than

thirty (30) minutes after the permitted start time of the Lock-In Event, except in the event of

unforeseen travel delays, nor permitted to re-enter the event if they leave the licensed premises.

     (v) As part of the Lock-In Event, food shall be served.

     (vi) The municipal licensing authority may, in its sole discretion, require the presence of a

police detail, for some or all of the event, and the number of officers required, if any, shall be

determined by the municipality as part of the process of issuing the Lock-In Event permit. The

licensee shall be solely responsible for the cost of any such required police detail.

     (b) The annual license fee for a tavern keeper shall be four hundred dollars ($400) to two

thousand dollars ($2,000), and for a victualer the license fee shall be four hundred dollars ($400)

to two thousand dollars ($2,000). In towns with a population of less than two thousand five hundred

(2,500) inhabitants, as determined by the last census taken under the authority of the United States

or the state, the fee for each retailer's Class B license shall be determined by the town council, but

shall in no case be less than three hundred dollars ($300) annually. If the applicant requests it in his

or her application, any retailer's Class B license may be issued limiting the sale of beverages on the

licensed premises to malt and vinous beverages containing not more than twenty percent (20%)

alcohol by volume, and the fee for that limited Class B license shall be two hundred dollars ($200)

to one thousand five hundred dollars ($1,500) annually. The fee for any Class B license shall in

each case be prorated to the year ending December 1 in every calendar year.

     (1) Upon the approval and designation of a district or districts within its city or town by

the local licensing board, the local licensing board may issue to any holder of a Class B license or

a Class ED license, an extended hours permit to extend closing hours on Thursdays, Fridays and

Saturdays, the night before a legal state holiday or such other days as determined by the local board,

for one hour past such license holder's legal closing time as established by the license holder's

license or licenses including, but not limited to, those issued pursuant to subsection (a)(4) of this

section. The extended hours permit shall not permit the sale of alcohol during the extended one-

hour period and shall prohibit the admittance of new patrons in the establishment during the

extended one-hour period. The designation of such district(s) shall be for a duration of not less than

six (6) months. Prior to designating any such district, the local licensing authority shall hold a

hearing on the proposed designation. The proposed designation shall include the boundaries of the

proposed district, the applicable days for the extended hours, and the duration of the designation

and the conditions imposed. The proposed designation shall be advertised at least once per week

for three (3) weeks prior to the hearing in a newspaper in general circulation in the city or town.

The city or town will establish an application process for an extended hours permit for such license

holder and may adopt rules and regulations to administer the permit.


 

 

 

 

4)

Section

Amended Chapter Numbers:

 

3-7-7

33 and 34

 

 

3-7-7. Class B license.

   (a)(1) A retailer's Class B license is issued only to a licensed bona fide tavern keeper or

victualer whose tavern or victualing house may be open for business and regularly patronized at

least from nine o'clock (9:00) a.m. to seven o'clock (7:00) p.m. provided no beverage is sold or

served after one o'clock (1:00) a.m., nor before six o'clock (6:00) a.m. Local licensing boards may

fix an earlier closing time within their jurisdiction, at their discretion. The East Greenwich town

council may, in its discretion, issue full and limited Class B licenses which may not be transferred,

but which shall revert to the town of East Greenwich if not renewed by the holder. The Cumberland

town council may, in its discretion, issue full and limited Class B licenses which may not be

transferred to another person or entity, or to another location, but which shall revert to the town of

Cumberland if not renewed by the holder.

     The Pawtucket city council may, in its discretion, issue full and limited Class B licenses

which may not be transferred to another person or entity, or to another location, but which shall

revert to the city of Pawtucket if not renewed by the holder. This legislation shall not affect any

Class B license holders whose licenses were issued by the Pawtucket city council with the right to

transfer.

     (2) The license authorizes the holder to keep for sale and sell beverages including beer in

cans, at retail at the place described and to deliver them for consumption on the premises or place

where sold, but only at tables or a lunch bar where food is served. It also authorizes the charging

of a cover, minimum, or door charge. The amount of the cover, or minimum, or door charge shall

be posted at the entrance of the establishments in a prominent place.

     (i) [Expires March 1, 2022]. A holder of a Class B license will be permitted to sell, with

take-out food orders, up to two (2) seven hundred fifty millimeter (750 ml) bottles of wine or the

equivalent volume of wine in smaller factory sealed containers, or seventy-two ounces (72 oz.) of

mixed wine-based drinks or single-serving wine in containers sealed in such a way as to prevent

re-opening without obvious evidence that the seal was removed or broken, one hundred forty-four

ounces (144 oz.) of beer or mixed beverages in original factory sealed containers, and one hundred

forty-four ounces (144 oz.) of draft beer or seventy-two ounces (72 oz.) of mixed beverages

containing not more than nine ounces (9 oz.) of distilled spirits in growlers, bottles, or other

containers sealed in such a way as to prevent re-opening without obvious evidence that the seal was

removed or broken, provided such sales shall be made in accordance with § 1.4.10 of the

department of business regulation (DBR) liquor control administration regulations, 230-RICR-30-

10-1, and any other DBR regulations.

     (ii) [Expires March 1, 2022]. Delivery of alcoholic beverages with food from a Class B

licensee is prohibited.

     (3) Holders of licenses are not permitted to hold dances within the licensed premises, unless

proper permits have been properly obtained from the local licensing authorities.

     (4) Any holder of a Class B license may, upon the approval of the local licensing board

and for the additional payment of two hundred dollars ($200) to five hundred dollars ($500), open

for business at twelve o'clock (12:00) p.m. and on Fridays and Saturdays and the night before legal

state holidays may close at two o'clock (2:00) a.m. All requests for a two o'clock (2:00) a.m. license

shall be advertised by the local licensing board in a newspaper having a circulation in the county

where the establishment applying for the license is located.

     (5) A holder of a retailer's Class B license is allowed to erect signs advertising his or her

business and products sold on the premises, including neon signs, and is allowed to light those signs

during all lawful business hours, including Sundays and holidays.

     (6) Notwithstanding the provisions of subsection (a) and/or § 3-7-16.4, a holder of a retail

class B and/or class ED license may apply to the municipality in which the licensee is located for

a permit to conduct a so-called "Lock-In Event", under the following conditions:

     (i) A "Lock-In Event" is defined as an event where a specified group of individuals are

permitted to remain in a licensed premises after closing hours including, but not limited to, the

hours of 1:00 a.m. to 6:00 a.m.

     (ii) A Lock-In Event must have the approval of the municipal licensing authority pursuant

to a permit issued for each such event, subject to such conditions as may attach to the permit. The

fee for the permit shall be not less than fifty dollars ($50.00) nor more than one hundred dollars

($100). The granting or denial of a Lock-In Event permit shall be in the sole discretion of the

municipal licensing authority and there shall be no appeal from the denial of such a permit.

     (iii) During the entire period of any Lock-In Event, all alcoholic beverages must be secured

in place or removed from the public portion of the premises and secured to the satisfaction of the

municipality issuing the Lock-In Event permit.

     (iv) During the Lock-In Event, the establishment shall be exclusively occupied by the

Lock-In Event participants and no other patrons shall be admitted to the premises who are not

participants. It shall be a condition of the permit that participants shall not be admitted more than

thirty (30) minutes after the permitted start time of the Lock-In Event, except in the event of

unforeseen travel delays, nor permitted to re-enter the event if they leave the licensed premises.

     (v) As part of the Lock-In Event, food shall be served.

     (vi) The municipal licensing authority may, in its sole discretion, require the presence of a

police detail, for some or all of the event, and the number of officers required, if any, shall be

determined by the municipality as part of the process of issuing the Lock-In Event permit. The

licensee shall be solely responsible for the cost of any such required police detail.

     (b) The annual license fee for a tavern keeper shall be four hundred dollars ($400) to two

thousand dollars ($2,000), and for a victualer the license fee shall be four hundred dollars ($400)

to two thousand dollars ($2,000). In towns with a population of less than two thousand five hundred

(2,500) inhabitants, as determined by the last census taken under the authority of the United States

or the state, the fee for each retailer's Class B license shall be determined by the town council, but

shall in no case be less than three hundred dollars ($300) annually. If the applicant requests it in his

or her application, any retailer's Class B license may be issued limiting the sale of beverages on the

licensed premises to malt and vinous beverages containing not more than twenty percent (20%)

alcohol by volume, and the fee for that limited Class B license shall be two hundred dollars ($200)

to one thousand five hundred dollars ($1,500) annually. The fee for any Class B license shall in

each case be prorated to the year ending December 1 in every calendar year.

     (1) Upon the approval and designation of a district or districts within its city or town by

the local licensing board, the local licensing board may issue to any holder of a Class B license or

a Class ED license, an extended hours permit to extend closing hours on Thursdays, Fridays and

Saturdays, the night before a legal state holiday or such other days as determined by the local board,

for one hour past such license holder's legal closing time as established by the license holder's

license or licenses including, but not limited to, those issued pursuant to subsection (a)(4) of this

section. The extended hours permit shall not permit the sale of alcohol during the extended one-

hour period and shall prohibit the admittance of new patrons in the establishment during the

extended one-hour period. The designation of such district(s) shall be for a duration of not less than

six (6) months. Prior to designating any such district, the local licensing authority shall hold a

hearing on the proposed designation. The proposed designation shall include the boundaries of the

proposed district, the applicable days for the extended hours, and the duration of the designation

and the conditions imposed. The proposed designation shall be advertised at least once per week

for three (3) weeks prior to the hearing in a newspaper in general circulation in the city or town.

The city or town will establish an application process for an extended hours permit for such license

holder and may adopt rules and regulations to administer the permit.

     (c) The licensee shall offer to the public, in conjunction with the sale of alcoholic

beverages, the opportunity to purchase and consume food to be served on the premises in the same

area designated for the sale and consumption of alcoholic beverages. These foods shall be offered

for sale during all times that alcoholic beverages are sold and consumed on the licensed premises,

unless the local licensing board grants permission to the licensee to stop the sale of food after ten

o'clock (10:00) p.m., with such permission subject to revocation by the local licensing board at any

time for any cause.


 

 

 

 

 

5)

Section

Amended Chapter Numbers:

 

3-7-19

11 and 13, 16 and 17, 221 and 311, 273, 332, 406

 

 

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.

     (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.

     (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.

     (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 Plat 53, Lot 582 of

the applicable city of Providence tax assessment map.

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

Woonsocket 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 122 North Main Street, Map/Lot

130-125-005 of the applicable city of Woonsocket tax assessment map.

     (40) Notwithstanding the provisions of this section, the city council of the city of

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

proposed retailers' class BV and class BM license intended to be located between 2 Main Street

(tax assessor's plat 14, lot 284) and 194 Main Street (tax assessor's plat 14, lot 139).

     (41) 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 375 Smith Street, Plat 68, Lot 132

of the applicable city of Providence tax assessment map.

     (42) 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 671 Broadway Street, Plat 35, Lot

566 of the applicable city of Providence tax assessment map.

     (43) 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 464-468 Wickenden Street, also

identified as 8 Governor Street, Plat 17, Lot 179 of the applicable city of Providence tax assessment

map.

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

Westerly 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 114 Granite Street, Westerly, RI

02891, Plat 67, Lot 278 of the applicable town of Westerly tax assessment map.

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

Woonsocket 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 43 Railroad Street, Plat 14R, Lot

205 of the applicable city of Woonsocket tax assessment map.

     (46) 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 BL license or Class BV license intended to be located at 601 Hartford

Avenue, Plat 113, Lot 50 of the applicable city of Providence tax assessment map.

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

Westerly 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 169 and 177 Main Street, Westerly,

RI 02891, Map 66, Lots 8 and 9 of the applicable town of Westerly tax assessment map.

     (48) Notwithstanding the provisions of this section, the city council of the city of East

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 332 Bullock Point Avenue, East

Providence, RI 02915, Map 312, Block 12, Parcel 018.00 of the applicable city of East Providence

tax assessment map.

     (49) Notwithstanding the provisions of this section, the board of license commissioners of

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

this section any proposed retailers Class B, C, or N license intended to be located on Plat 54B, Lots

826 and 827; Plat 65B, Lot 662; and Plat 23A, Lots 599, 672, and 673 of the city of Pawtucket tax

assessment map existing as of March 1, 2021.

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

Jamestown, after application, has the authority to exempt from the provisions of this section any

proposed retailer Class BVL license intended to be located at 53 Narragansett Avenue, Plat 9, Lot

207 of the applicable town of Jamestown tax assessment map.

     (51) 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 BV and Class P license intended to be located at 203-209 Douglas

Avenue, Plat 68, Lots 83 and 646 of the applicable city of Providence tax assessment map.

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

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 130 Taunton Avenue, Map 106,

Block 6, Parcel 15 of the applicable city of East Providence tax assessment map.

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

Barrington 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 305 Sowams Road, Barrington,

R.I. 02806, Plat 30, Lot 141 of the applicable town of Barrington tax assessment map.

     (54) 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 at 737 Hope Street, Plat 6, Lot 595 of

the applicable city of Providence tax assessment map.

     (55) 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 license intended to be located at 4 Market Street, Plat 3, Lot 74 of the

applicable town of Warren tax assessment map.

 

PL16 and PL17

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

Westerly 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 163 Main Street, Westerly, RI

02891, Map 66, Lot 11 of the applicable town of Westerly tax assessment map.

 

PL221 and PL311

 (57) 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 BL license intended to be located at 777 Elmwood Avenue, Plat 60,

Lot 1 of the applicable city of Providence tax assessment map.

 

PL273

   (58) 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 tax assessor's Plat 19, Lot

617.

 

PL332

  (59) 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 at 12 Governor Street, Plat 17, Lot 180

of the applicable city of Providence tax assessment map.

 

PL406

    (60) 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 or Class BV licenses intended to be located at 371 Smith Street, Plat

68, Lot 2 of the applicable city of Providence tax assessment map.


 

 

 

6)

Section

Amended Chapter Numbers:

 

3-7-23

55 and 56

 

 

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. In the

city of Pawtucket, 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. 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 cities of Providence, and Central Falls, and Pawtucket, 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).


 

 

 

7)

Section

Amended Chapter Numbers:

 

3-8-6

241 and 242

 

 

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 or a driver privilege card issued pursuant to § 31-

10.4-2 that bears the date of birth of the licensee and 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 Citizenship and Immigration Services, including, but

not limited to, any one of the following: Form I-551, Form I-94, Form I-688A, 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 or a driver privilege card 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 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 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 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 that provides the same information as required by the book.

That licensee 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.


 

 

 

 

8)

Section

Amended Chapter Numbers:

 

3-8-6.1

241 and 242

 

 

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 Citizenship and Immigration Services including, but not

limited to, any one of the following: Form I-551, Form I-94, Form I-688A, 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 or a driving driver privilege card, 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 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.


 

 

 

9)

Section

Amended Chapter Numbers:

 

4-1-22

431 and 432

 

 

4-1-22. Care of neglected animals by society -- Forfeiture of owner's rights --

Expenses.

     (a) An officer or agent of the Rhode Island Society for the Prevention of Cruelty to Animals

may lawfully take charge of and shall provide adequate care to any animal found abandoned or

neglected or hazardously accumulated as defined in § 4-1-1, or that in the opinion of that officer or

agent, is aged, maimed, disabled, lame, sick, diseased, injured, unfit for the labor it is performing,

or cruelly treated, and shall give notice to the owner or guardian, if known, or his or her agents, and

may provide suitable care.

     (b) Every owner or guardian or agent, upon conviction, plea of guilty, or plea of nolo

contendere, of abandonment, neglect, hazardous accumulation as defined in § 4-1-1, or otherwise

cruel treatment of any animal taken charge of by the Rhode Island Society for the Prevention of

Cruelty to Animals under this section, forfeits the rights to ownership or control of that animal to

the Society for disposition in any manner deemed suitable for that animal.

     (c) Whenever any officer or agent of the Rhode Island Society for the Prevention of Cruelty

to Animals lawfully takes charge of any animal under this section, all reasonable expenses for the

care and treatment of the animal(s), while in the custody of the Society during this time, shall be

paid for by the owner, or guardian, or his or her agent upon conviction, plea of guilty, or plea of

nolo contendere. The Society has the authority to commence a civil action for damages against the

owner or his or her agent guardian thirty (30) days after a written demand for payment of the

expense of the suitable care of that animal has been sent and no payment has been received. The

written demand shall state that the failure to pay or make arrangements to pay for the care of that

animal may result in forfeiture of ownership of the animal. The cost of such the care and treatment

that is billed to the owner or guardian shall be reasonable and related to equivalent services provided

by veterinary care and animal sheltering, feeding, and boarding services in this state.

     (d) The owner or guardian of any animal that is in the charge of the Rhode Island Society

for the Prevention of Cruelty to Animals pursuant to the authority granted in this section may,

within sixty (60) days following the date that the society gives notice of the taking of possession of

the animal, petition the district court for an order to return custody of the animal to the owner or

guardian.

     (e) Upon the filing of such the petition, the court shall cause a summons to be issued

requiring an authorized representative of the Society for the Prevention of Cruelty to Animals to

appear in court at the time and place named, which summons shall be served not less than fourteen

(14) days before the date of the hearing.

     (f) At the hearing on the petition, the court shall consider:

     (1) The animal’s condition;

     (2) The care required to maintain the animal safely and in an appropriate environment; and

     (3) The ability of the petitioner to provide or arrange for the adequate care of the animal,

including during the time any criminal charges related to or arising from the seizure are pending.

     (g) If, after hearing, the court finds that the owner or guardian of the animal has the ability

to properly care for or arrange for the adequate care of the animal during the pendency of the

criminal charges, the court may allow the owner or guardian of the animal to have or arrange for

the adequate care, custody, and control of the animal pending the final determination of the related

criminal charges subject to such restrictions and conditions as the court determines to be reasonable

or necessary.

     (h) All issues will be decided upon a preponderance of the evidence.

     (i) In the event that the court orders an animal returned to the owner or guardian following

the hearing, the owner or guardian will not be required to pay for the cost of care incurred prior to

the date of the hearing unless and until such time as there has been a conviction, plea of guilty, or

plea of nolo contendere, of abandonment, neglect, hazardous accumulation as defined in § 4-1-1,

or otherwise cruel treatment in the related criminal proceeding.

     (j) In the event that the owner or guardian fails to petition for custody of the animal within

sixty (60) days of notice of the taking or fails to pay within sixty (60) days of the written demand

for payment, the Rhode Island Society for Prevention of Cruelty to Animals may petition the court

for transfer of ownership of the animal to the Rhode Island Society for Prevention of Cruelty to

Animals. If the owner or guardian fails to respond to the petition for transfer of ownership the court

shall transfer ownership to the society.


 

 

 

10)

Section

Amended Chapter Numbers:

 

4-4-1

25 and 26

 

 

4-4-1. Appointment of inspectors to inspect diseased animals -- Quarantine --

Veterinarians.

     (a) The director of environmental management may appoint one or more inspectors in the

state, whose duty it is to visit and inquire into the condition of any domestic animal in the state

whenever there is reason to suspect that any domestic animal, the carcass of any domestic animal

or tissues or products, is affected with tuberculosis, or other a contagious, infectious, zoonotic, or

communicable disease; and the inspectors are authorized to quarantine any diseased domestic

animal, the carcass of any diseased domestic animal, or restrict the movement of any tissues or

products produced by any domestic animal suspected of being affected with a contagious,

infectious, zoonotic, or communicable disease until such quarantine or movement restriction is

released by a veterinarian employed by the director. The director may also employ, from time to

time, any number of veterinary surgeons that he or she may find necessary to carry out the purposes

of this chapter.

     (b) The director of the department of environmental management may establish quarantine

or control zones consistent with state and United States Department of Agriculture emergency plans

to restrict the movement of animals, animal carcasses, animal tissues, and animal products

suspected of being affected with a contagious, infectious, zoonotic, or communicable disease. Any

control or quarantine zone established under this authority will remain in effect until the chief of

agriculture and/or the state veterinarian determine that the zone is no longer necessary to mitigate

the threat of disease.

     (c) The director of the department of environmental management may order examination

or testing of any quarantined animal or animal in a quarantine or control zone for disease

surveillance purposes or as a term of the order of quarantine. The director may authorize qualified

department personnel to carry out any examination or testing or may order the testing to be

performed by a licensed veterinarian qualified to perform the testing.

     SECTION 2. This act shall take effect upon passage.


 

 

 

11)

Section

Added Chapter Numbers:

 

4-19-23

288 and 289

 

 

4-19-23. Pets for veterans.

     (a) A public animal shelter shall not charge an adoption fee for a dog or cat if the person

adopting the dog or cat presents to the public animal shelter a current and valid driver’s license or

identification card with the word "veteran" printed on its face pursuant to § 31-10-48.

     (b) A public animal shelter may limit the number of dogs or cats adopted from that public

animal shelter pursuant to subsection (a) of this section to one dog or cat during a period of every

six (6) months.


 

 

 

12)

Section

Added Chapter Numbers:

 

4-19-24

295 and 296

 

 

4-19-24. Humane transportation of K-9 partners.

     (a) For this the purposes of this section, "police dog" means: a dog owned by a police

department or police agency of the State state of Rhode Island or any political subdivision thereof,

that is used by the department or agency for official duties.

     (b) EMS personnel may provide emergency treatment to a police dog injured in the line of

duty and transport such the police dog by ambulance to a veterinary care facility equipped to

provide emergency treatment to dogs; provided, however, that EMS personnel shall not transport

an injured police dog if providing such transport would inhibit their ability to provide emergency

medical attention or transport to a person requiring such services.

     (c) The department of health, in consultation with the Rhode Island veterinary medical

association, the Rhode Island association of fire chiefs, the Rhode Island state association of

firefighters, at least two (2) practicing, licensed emergency medical technicians, the international

brotherhood of police officers' K-9 officer, the fraternal order of police's K-9 officer, and the

department of state police's K-9 unit, shall develop policies and procedures that include, but are not

limited to:

     (1) Appropriate training of EMS personnel to provide police dogs basic level first aid,

cardiopulmonary resuscitation, and life-saving interventions, including, but not limited to,

administering naloxone; provided, however, that nothing in this section shall authorize the

provision of advanced life support care to a police dog;

     (2) Safe handling procedures for injured police dogs, including, but not limited to, the use

of a box muzzle and response coordination with a law enforcement official trained in handling

police dogs;

     (3) Identification of veterinary facilities that provide emergency treatment for injured

police dogs;

     (4) Decontamination of stretchers, the patient compartment, and any contaminated medical

equipment after a police dog has been transported by ambulance or EMS vehicle; and

     (5) Sterilization of the interior of an ambulance or EMS vehicle before being returned to

human service, including, but not limited to, sanitizing all allergens and disinfection to a standard

safe for human transport.

     (d) The department of health may grant a waiver from this section if the department

determines that compliance poses a safety risk to the public. The department shall develop

regulations regarding applications and issuance of such a waiver.


 

 

 

 

13)

Section

Amended Chapter Numbers:

 

5-6-2.1

376 and 377

 

 

5-6-2.1. Inspection and right of entry.

     (a) The division of professional regulation by and through its electrical investigators or

designees has the right and authority to enter, during times at which electrical work is actually being

performed on any commercial building, structure, or premises where electrical work is being done,

except any building, structure, or premises exempt by law, for the purpose of ascertaining

compliance with this chapter.

     (b) If any owner, occupant, or other person refuses, impedes, inhibits, interferes with,

restricts, or otherwise obstructs entry and free access to any part of the building, structure, or

premises by an authorized investigating official of the division of professional regulation,

department of labor and training/board of examiners, the chief administrator of the division may:

     (1) Revoke or suspend any license, permit, or other permission regulated by local and state

codes, and applicable to this chapter; notwithstanding any other provisions of this chapter; and

     (2) Seek any other remedy as provided by this chapter.


 

 

 

 

14)

Section

Amended Chapter Numbers:

 

5-14-4

235 and 236

 

 

5-14-4. Innkeeper's right to eject.

     (a) An innkeeper may remove or cause to be removed from a hotel a guest or other person

who:

     (1) Refuses or is unable to pay for accommodations or services;

     (2) While on the premises of the hotel, acts in an obviously intoxicated manner, destroys

or threatens to destroy hotel property, verbally or physically threatens employees or guests, or

causes or threatens to cause a public disturbance;

     (3) The innkeeper has direct knowledge a person is using the premises for the unlawful

possession or use of controlled substances by the person in violation of chapter 28 of title 21, or

using the premises for the consumption of alcohol by a person under the age of twenty-one (21)

years of age in violation of chapter 8 of title 3;

     (4) The innkeeper has direct knowledge a person has brought property into the hotel that

may be dangerous to other persons, such as firearms or explosives;

     (5) A person violates any federal, state, or local laws, ordinances, or rules relating to the

hotel; or

     (6) Violates a rule of the hotel that is clearly and conspicuously posted at or near the front

desk and on the inside of the entrance door of every guest room. and posted online where the guest

can view it before making a reservation at the hotel; or

     (7) Uses verbally abusive language towards the hotel's employees or guests. For the

purposes of this chapter, verbally abusive language shall mean any language which that would

reasonably be found to be offensive, threatening, or demeaning.

     (b) If the guest has paid in advance, the innkeeper shall tender to the guest any unused

portion of the advance payment at the time of removal.

     (c) Nothing in this section shall be used as a pretext to discriminate against a guest on the

basis of race, color, religion, sex, sexual orientation, gender identity or expression, disability, age,

or country of ancestral origin.


 

 

 

 

15)

Section

Amended Chapter Numbers:

 

5-14-5

235 and 236

 

 

5-14-5. Refusal of admission.

     An innkeeper may refuse to admit or refuse service or accommodations to a person who:

     (1) While on the premises of the hotel, acts in an obviously intoxicated manner, destroys

or threatens to destroy hotel property, or causes or threatens to cause a public disturbance.

     (2) The innkeeper has direct knowledge a person is seeking accommodations for the

unlawful possession or use of controlled substances in violation of chapter 28 of title 21 or the use

of the premises for the consumption of intoxicating liquor by a person.

     (3) A person under the age of eighteen (18) years who is not accompanied by an adult if

they are not in proper condition or are unable to pay for their charges.


 

 

 

 

16)

Section

Amended Chapter Numbers:

 

5-33.2-25

129 and 130

 

 

5-33.2-25. Mandatory continuing education training.

     Every funeral director/embalmer shall be required to participate in a total of five (5) hours

annually of continuing education training of which three (3) hours are one hour is mandated by

annual OSHA training; provided, however, those funeral directors or embalmers who are sixty-five

(65) years of age or older and have forty (40) years of experience are exempt from this requirement.

The five (5) hours of annual training shall be required for renewals issued as of January 1, 2008.


 

 

 

17)

Section

Added Chapter Numbers:

 

5-34-31.1

7 and 8

 

 

5-34-31.1. Practices and persons exempt - COVID-19.

     (a) Notwithstanding the provisions of § 5-34-31, or any general law, rule, or regulation to

the contrary, upon the effective date of this section, due to the public health crisis caused by

COVID-19, the exemption in § 5-34-31(2) relating to the practice of nursing "pending the results

of the licensing examinations following that graduation" is hereby suspended for registered nurse

graduates; provided that, the registered nurse graduates shall:

     (1) Apply and receive a temporary graduate nursing license that is valid for a period not

exceeding ninety (90) days;

     (2) Work under the supervision of licensed registered nurses; and

     (3) Comply with other applicable requirements.

     (b) The Rhode Island department of health shall promulgate and enforce any rules and

regulations necessary to implement this section.

     (c) Unless extended by the general assembly, this section shall sunset on June 30, 2022.


 

 

 

18)

Section

Amended Chapter Numbers:

 

5-37-8

420 and 424

 

 

5-37-8. Grounds for discipline without hearing.

     The director may temporarily suspend the license of a physician or limited registrant

without a hearing if the director finds that evidence in his or her possession indicates that a

physician's or limited registrant's continuation in practice would constitute an immediate danger to

the public. In the event that the director temporarily suspends the license of a physician or limited

registrant without a hearing, a hearing by the board must be held within ten (10) days after the day

the suspension has occurred. In the event the tenth day occurs on a Saturday, Sunday, or legal state

holiday, the hearing by the board shall be held on the first business day following the Saturday,

Sunday, or legal state holiday.


 

 

 

19)

Section

Added Chapter Numbers:

 

5-39.1-4

165 and 166

 

 

5-39.1-4. Social worker privilege.

     (a) No licensee under this chapter or an employee of a licensee may disclose any

information acquired from clients or persons consulting with the licensee to render professional

services except:

     (1) With the written consent of the person(s) or, in the case of death or disability, of the

individual's personal representative, or person authorized to sue, or the beneficiary of an insurance

policy on an individual's life, health, or physical conditions;

     (2) When there is a clear and present danger to the safety of the patient or client or to other

individuals;

     (3) When a person is a minor under the laws of this state and the information acquired by

the licensee involves abuse of the minor, the licensee is required to report this pursuant to § 40-11-

3 and may be required to testify fully in an examination, trial, or other proceeding in which the

commission of this crime is the subject of inquiry;

     (4) When the person licensed or certified under this chapter is a party defendant to a civil,

criminal, or disciplinary action arising from a complaint filed by the patient or client, in which case

the waiver shall be limited to that action;

     (5) When the licensee is called upon to testify in court or administrative hearings

concerning the potential for abuse or neglect in foster and adoptive placements; or

     (6) When the licensee is collaborating or consulting with an administrative superior on

behalf of the client.

     (b) The provisions of this chapter do not apply to the following individuals:

     (1) Qualified members of other professions or occupations engaging in practices similar in

nature to clinical social work; provided, that they are authorized by the laws of this state to engage

in similar practices, do not represent themselves as a "licensed clinical social worker" or "licensed

independent clinical social worker,", and do not characterize their practices as clinical social work;

     (2) Students engaged in doctorate- or master's-level study in a school of social work

accredited by the council on social work education; provided, that the students are practicing as

part of a supervised course of study and designated by such titles as "social-work intern,", "social-

work trainee,", "social-work student,", or others clearly indicating training status; or

     (3) State employees.; or

     (4) Individuals who have attained a masters of social work from an accredited college or

university within the last eighteen (18) months as long as that individual meets all of the following

conditions:

     (i) The individual is authorized to take the examination required pursuant to regulations

promulgated by the department, and has not previously failed that examination more than once;

     (ii) The individual performs all such social work services under the direct personal

supervision of a person who holds a valid Rhode Island license as a licensed independent clinical

social worker pursuant to § 5-39.1-8;

     (iii) The individual is designated or identified as “social-work intern”, “social-work

trainee”, or other clearly indicating training status; and

     (iv) The individual does not hold themselves out to the public as any title or description

which that states or implies that the individual is licensed to practice social work in Rhode Island.


 

 

 

20)

Section

Amended Chapter Numbers:

 

5-39.1-8

395 and 398

 

 

5-39.1-8. Licenses.

     (a) The department shall issue the appropriate license to applicants who meet the

qualifications of this section.

     (b) Prerequisites: "Licensed clinical social worker." A license as a "licensed clinical social

worker" shall be issued to an applicant who meets the following qualifications:

     (1) Has a doctorate in clinical social work from a duly accredited college or university or

master's degree from a school of social work accredited by the council on social work education;

and

     (2) Has After August 15, 2025, has satisfactorily completed an examination for this license;

or

     (3) Has a comparable license, certification, or registration from the state, or another state

or territory of the United States that imposes qualifications substantially similar to those of this

chapter, as determined by the board.

     (c) Prerequisites: "Licensed independent clinical social worker." A license for a "licensed

independent clinical social worker" shall be issued to an applicant who meets the following

qualifications:

     (1) Is licensed under this chapter as a "licensed clinical social worker"; and

     (2) Has twenty-four (24) months of experience acceptable to the board, under appropriate

supervision; and

     (3) Has fulfilled the continuing education requirements for this license; and

     (4) Has satisfactorily completed an examination for this license; or

     (5) Has a comparable license, certification, or registration from the state, or another state

or territory of the United States that imposes qualifications substantially similar to those of this

chapter.

     (d) In addition to these qualifications, an applicant for any of these titles must prove to the

board's satisfaction:

     (1) An age of at least twenty-one (21) years;

     (2) That he or she merits the public trust;

     (3) A United States citizenship or proof of other legal resident status;

     (4) An absence of conviction of a felony, which is subject to waiver by the board upon

presentation of satisfactory evidence that this conviction does not impair the ability of the person

to conduct with safety to the public the practice authorized by this license. The applicant shall bear

the burden of proving that his or her conviction does not impair his or her ability to conduct with

safety to the public the practice authorized by this license;

     (5) An absence of NASW sanction for violation of code of ethics, or other state-board

sanction which is subject to waiver by the board upon presentation of satisfactory evidence that this

sanction does not impair the ability of the person to conduct with safety to the public the practice

authorized by this license. The applicant bears the burden of proving that his or her sanction does

not impair his or her ability to conduct with safety to the public the practice authorized by this

license;

     (6) That the applicant has not been declared mentally incompetent by any court, and if any

decree has ever been rendered, that there has been a subsequent court determination that the

applicant is competent; and

     (7) Freedom from use of any controlled substance or any alcoholic beverages to the extent

that the use impairs the ability of the person to conduct with safety to the public the practice

authorized by this license. The applicant bears the burden of proving that he or she is free from use

of any controlled substance or any alcoholic beverages that impair his or her ability to conduct with

safety to the public the practice authorized by this license.

     (e) No applicant for a license as a "licensed clinical social worker" shall be required to take

or pass a standardized written examination in order to qualify for the license prior to August 15,

2025. This subsection shall sunset and expire on August 15, 2025.

     (f) For the purpose of increasing access for more individuals to attain licensure as a

"licensed clinical social worker" or "licensed independent clinical social worker" to meet the

language and cultural needs of Rhode Island's diverse communities, the board of social work

examiners shall consider and may promulgate any rules and regulations necessary:

     (1) To make accommodations for individuals whose first language is not English;

     (2) To offer licensing exams in languages other than English; and

     (3) To develop alternative qualifications for licensure that may not include either or both

of the examinations pursuant to subsections (b) and (c) of this section.


 

 

 

 

21)

Section

Added Chapter Numbers:

 

5-40-24

79 and 80

 

 

5-39.1-4. Social worker privilege.

     A physical therapist licensed under this chapter may perform physical therapy services

without a prescription or referral, when providing physical therapy services in a school setting to a

student in accordance with the provisions of the student's individualized education plan (IEP) or

individualized family service plan (IFSP).


 

 

 

 

22)

Section

Added Chapter Numbers:

 

5-44.1

109 and 110

 

 

CHAPTER 44.1

THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT


 

 

 

23)

Section

Added Chapter Numbers:

 

5-44.1-1

109 and 110

 

 

5-44.1-1. Short title.

     This chapter shall be known and may be cited as the "The Psychology Interjurisdictional

Compact" (the "compact")(“the compact”).


 

 

 

 

24)

Section

Added Chapter Numbers:

 

5-44.1-2

109 and 110

 

 

5-44.1-2. Execution of the compact.

     The governor on behalf of the State of Rhode Island is authorized to execute a compact, in

substantially the following form, with any state, territory or possession of the United States, the

District of Columbia, and the Commonwealth of Puerto Rico, and the general assembly signifies

in advance its approval and ratification of this compact: "The Psychology Interjurisdictional

Compact". The contracting states solemnly agree:

PSYCHOLOGY INTERJURISDICTIONAL COMPACT (PSYPACT)

ARTICLE I

PURPOSE

     Whereas, states license psychologists, in order to protect the public through verification of

education, training and experience and ensure accountability for professional practice; and

     Whereas, this Compact is intended to regulate the day to day practice of telepsychology

(i.e. the provision of psychological services using telecommunication technologies) by

psychologists across state boundaries in the performance of their psychological practice as assigned

by an appropriate authority; and

     Whereas, this Compact is intended to regulate the temporary in-person, face-to-face

practice of psychology by psychologists across state boundaries for thirty (30) days within a

calendar year in the performance of their psychological practice as assigned by an appropriate

authority; and

     Whereas, this Compact is intended to authorize State Psychology Regulatory Authorities

to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists

licensed in another state; and

     Whereas, this Compact recognizes that states have a vested interest in protecting the

public's health and safety through their licensing and regulation of psychologists and that such state

regulation will best protect public health and safety; and

     Whereas, this Compact does not apply when a psychologist is licensed in both the Home

and Receiving States; and

     Whereas, this Compact does not apply to permanent in-person, face-to-face practice, it

does allow for authorization of temporary psychological practice.

     Consistent with these principles, this Compact is designed to achieve the following

purposes and objectives:

     (1) Increase public access to professional psychological services by allowing for

telepsychological practice across state lines as well as temporary in-person, face-to-face services

into a state which the psychologist is not licensed to practice psychology;

     (2) Enhance the states' ability to protect the public's health and safety, especially

client/patient safety;

     (3) Encourage the cooperation of Compact States in the areas of psychology licensure and

regulation;

     (4) Facilitate the exchange of information between Compact States regarding psychologist

licensure, adverse actions and disciplinary history;

     (5) Promote compliance with the laws governing psychological practice in each Compact

State; and

     (6) Invest all Compact States with the authority to hold licensed psychologists accountable

through the mutual recognition of Compact State licenses.

ARTICLE II

DEFINITIONS

     (A) "Adverse Action" means any action taken by a State Psychology Regulatory Authority

which finds a violation of a statute or regulation that is identified by the State Psychology

Regulatory Authority as discipline and is a matter of public record.

     (B) "Association of State and Provincial Psychology Boards (ASPPB)" means the

recognized membership organization composed of State and Provincial Psychology Regulatory

Authorities responsible for the licensure and registration of psychologists throughout the United

States and Canada.

     (C) "Authority to Practice Interjurisdictional Telepsychology" means a licensed

psychologist's authority to practice telepsychology, within the limits authorized under this

Compact, in another Compact State.

     (D) "Bylaws" means those Bylaws established by the Psychology Interjurisdictional

Compact Commission pursuant to Article X for its governance, or for directing and controlling its

actions and conduct.

     (E) "Client/Patient" means the recipient of psychological services, whether psychological

services are delivered in the context of healthcare, corporate, supervision, and/or consulting

services.

     (F) "Commissioner" means the voting representative appointed by each State Psychology

Regulatory Authority pursuant to Article X.

     (G) "Compact State" means a state, the District of Columbia, or United States territory that

has enacted this Compact legislation and which has not withdrawn pursuant to Article XIII, Section

C or been terminated pursuant to Article XII, Section B.

     (H) "Coordinated Licensure Information System" also referred to as "Coordinated

Database" means an integrated process for collecting, storing, and sharing information on

psychologists' licensure and enforcement activities related to psychology licensure laws,

Psychology Interjurisdictional Compact (PSYPACT) which is administered by the recognized

membership organization composed of State and Provincial Psychology Regulatory Authorities.

     (I) "Confidentiality" means the principle that data or information is not made available or

disclosed to unauthorized persons and/or processes.

     (J) "Day" means any part of a day in which psychological work is performed.

     (K) "Distant State" means the Compact State where a psychologist is physically present

(not through the use of telecommunications technologies), to provide temporary in-person, face-to-

face psychological services.

     (L) "e-Passport" means a certificate issued by the Association of State and Provincial

Psychology Boards (ASPPB) that promotes the standardization in the criteria of interjurisdictional

telepsychology practice and facilitates the process for licensed psychologists to provide

telepsychological services across state lines.

     (M) "Executive Board" means a group of directors elected or appointed to act on behalf of,

and within the powers granted to them by, the Commission.

     (N) "Home State" means a Compact State where a psychologist is licensed to practice

psychology. If the psychologist is licensed in more than one Compact State and is practicing under

the Authorization to Practice Interjurisdictional Telepsychology, the Home State is the Compact

State where the psychologist is physically present when the telepsychological services are

delivered. If the psychologist is licensed in more than one Compact State and is practicing under

the Temporary Authorization to Practice, the Home State is any Compact State where the

psychologist is licensed.

     (O) "Identity History Summary" means a summary of information retained by the FBI, or

other designee with similar authority, in connection with arrests and, in some instances, federal

employment, naturalization, or military service.

     (P) "In-Person, Face-to-Face" means interactions in which the psychologist and the

client/patient are in the same physical space and which does not include interactions that may occur

through the use of telecommunication technologies.

     (Q) "Interjurisdictional Practice Certificate" (IPC) means a certificate issued by the

Association of State and Provincial Psychology Boards (ASPPB) that grants temporary authority

to practice based on notification to the State Psychology Regulatory Authority of intention to

practice temporarily, and verification of one's qualifications for such practice.

     (R) "License" means authorization by a State Psychology Regulatory Authority to engage

in the independent practice of psychology, which would be unlawful without the authorization.

     (S) "Non-Compact State" means any State which is not at the time a Compact State.

     (T) "Psychologist" means an individual licensed for the independent practice of

psychology.

     (U) "Psychology Interjurisdictional Compact Commission" also referred to as

"Commission" means the national administration of which all Compact States are members.

     (V) "Receiving State" means a Compact State where the client/patient is physically located

when the telepsychological services are delivered.

     (W) "Rule" means a written statement by the Psychology Interjurisdictional Compact

Commission promulgated pursuant to Article XI of the Compact that is of general applicability,

implements, interprets, or prescribes a policy or provision of the Compact, or an organizational,

procedural, or practice requirement of the Commission and has the force and effect of statutory law

in a Compact State, and includes the amendment, repeal or suspension of an existing rule.

     (X) "Significant Investigatory Information" means:

     (1) Investigative information that a State Psychology Regulatory Authority, after a

preliminary inquiry that includes notification and an opportunity to respond if required by state

law, has reason to believe, if proven true, would indicate more than a violation of state statute or

ethics code that would be considered more substantial than minor infraction; or

     (2) Investigative information that indicates that the psychologist represents an immediate

threat to public health and safety regardless of whether the psychologist has been notified and/or

had an opportunity to respond.

     (Y) "State" means a state, commonwealth, territory, or possession of the United States, or

the District of Columbia.

     (Z) "State Psychology Regulatory Authority" means the Board, office or other agency with

the legislative mandate to license and regulate the practice of psychology.

     (AA) "Telepsychology" means the provision of psychological services using

telecommunication technologies.

     (BB) "Temporary Authorization to Practice" means a licensed psychologist's authority to

conduct temporary in-person, face-to-face practice, within the limits authorized under this

Compact, in another Compact State.

     (CC) "Temporary In-Person, Face-to-Face Practice" means where a psychologist is

physically present (not through the use of telecommunications technologies), in the Distant State

to provide for the practice of psychology for thirty (30) days within a calendar year and based on

notification to the Distant State.

ARTICLE III

HOME STATE LICENSURE

     (A) The Home State shall be a Compact State where a psychologist is licensed to practice

psychology.

     (B) A psychologist may hold one or more Compact State licenses at a time. If the

psychologist is licensed in more than one Compact State, the Home State is the Compact State

where the psychologist is physically present when the services are delivered as authorized by the

Authority to Practice Interjurisdictional Telepsychology under the terms of this Compact.

     (C) Any Compact State may require a psychologist not previously licensed in a Compact

State to obtain and retain a license to be authorized to practice in the Compact State under

circumstances not authorized by the Authority to Practice Interjurisdictional Telepsychology under

the terms of this Compact.

     (D) Any Compact State may require a psychologist to obtain and retain a license to be

authorized to practice in a Compact State under circumstances not authorized by Temporary

Authorization to Practice under the terms of this Compact.

     (E) A Home State's license authorizes a psychologist to practice in a Receiving State under

the Authority to Practice Interjurisdictional Telepsychology only if the Compact State:

     (1) Currently requires the psychologist to hold an active e-Passport;

     (2) Has a mechanism in place for receiving and investigating complaints about licensed

individuals;

     (3) Notifies the Commission, in compliance with the terms herein, of any adverse action

or significant investigatory information regarding a licensed individual;

     (4) Requires an Identity History Summary of all applicants at initial licensure, including

the use of the results of fingerprints or other biometric data checks compliant with the requirements

of the Federal Bureau of Investigation (FBI), or other designee with similar authority, no later than

ten (10) years after activation of the Compact; and

     (5) Complies with the Bylaws and Rules of the Commission.

     (F) A Home State's license grants Temporary Authorization to Practice to a psychologist

in a Distant State only if the Compact State:

     (1) Currently requires the psychologist to hold an active IPC;

     (2) Has a mechanism in place for receiving and investigating complaints about licensed

individuals;

     (3) Notifies the Commission, in compliance with the terms herein, of any adverse action

or significant investigatory information regarding a licensed individual;

     (4) Requires an Identity History Summary of all applicants at initial licensure, including

the use of the results of fingerprints or other biometric data checks compliant with the requirements

of the Federal Bureau of Investigation FBI, or other designee with similar authority, no later than

ten (10) years after activation of the Compact; and

     (5) Complies with the Bylaws and Rules of the Commission.

ARTICLE IV

COMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGY

     (A) Compact States shall recognize the right of a psychologist, licensed in a Compact State

in conformance with Article III, to practice telepsychology in other Compact States (Receiving

States) in which the psychologist is not licensed, under the Authority to Practice Interjurisdictional

Telepsychology as provided in the Compact.

     (B) To exercise the Authority to Practice Interjurisdictional Telepsychology under the

terms and provisions of this Compact, a psychologist licensed to practice in a Compact State must:

     (1) Hold a graduate degree in psychology from an institute of higher education that was, at

the time the degree was awarded:

     (a) Regionally accredited by an accrediting body recognized by the U.S. Department of

Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant

doctoral degrees; or

     (b) A foreign college or university deemed to be equivalent to subsection 1(a) above by a

foreign credential evaluation service that is a member of the National Association of Credential

Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and

     (2) Hold a graduate degree in psychology that meets the following criteria:

     (a) The program, wherever it may be administratively housed, must be clearly identified

and labeled as a psychology program. Such a program must specify in pertinent institutional

catalogues and brochures its intent to educate and train professional psychologists;

     (b) The psychology program must stand as a recognizable, coherent, organizational entity

within the institution;

     (c) There must be a clear authority and primary responsibility for the core and specialty

areas whether or not the program cuts across administrative lines;

     (d) The program must consist of an integrated, organized sequence of study;

     (e) There must be an identifiable psychology faculty sufficient in size and breadth to carry

out its responsibilities;

     (f) The designated director of the program must be a psychologist and a member of the

core faculty;

     (g) The program must have an identifiable body of students who are matriculated in that

program for a degree;

     (h) The program must include supervised practicum, internship, or field training

appropriate to the practice of psychology;

     (i) The curriculum shall encompass a minimum of three (3) academic years of full-time

graduate study for doctoral degree and a minimum of one academic year of full-time graduate study

for master's degree; and

     (j) The program includes an acceptable residency as defined by the Rules of the

Commission.

     (3) Possess a current, full and unrestricted license to practice psychology in a Home State

which is a Compact State;

     (4) Have no history of adverse action that violate the Rules of the Commission;

     (5) Have no criminal record history reported on an Identity History Summary that violates

the Rules of the Commission;

     (6) Possess a current, active e-Passport;

     (7) Provide attestations in regard to areas of intended practice, conformity with standards

of practice, competence in telepsychology technology; criminal background; and knowledge and

adherence to legal requirements in the home and receiving states, and provide a release of

information to allow for primary source verification in a manner specified by the Commission; and

     (8) Meet other criteria as defined by the Rules of the Commission.

     (C) A psychologist practicing into a Receiving State under the Authority to Practice

Interjurisdictional Telepsychology shall practice within areas of competencies and the scope of

practice authorized by the Home State.

     (D) A psychologist practicing into a Receiving State under the Authority to Practice

Interjurisdictional Telepsychology will be subject to the Home State's authority and laws. A

Receiving State may, in accordance with that state's due process law, limit or revoke a

psychologist's Authority to Practice Interjurisdictional Telepsychology in the Receiving State and

may take any other necessary actions under the Receiving State's applicable law to protect the

health and safety of the Receiving State's citizens. If a Receiving State takes action, the state shall

promptly notify the Home State and the Commission.

     (E) If a psychologist's license in any Home State, another Compact State, or any Authority

to Practice Interjurisdictional Telepsychology in any Receiving State, is restricted, suspended or

otherwise limited, the e-Passport shall be revoked and therefore the psychologist shall not be

eligible to practice telepsychology in a Compact State under the Authority to Practice

Interjurisdictional Telepsychology.

ARTICLE V

COMPACT TEMPORARY AUTHORIZATION TO PRACTICE

     (A) Compact States shall also recognize the right of a psychologist, licensed in a Compact

State in conformance with Article III, to practice temporarily in other Compact States (Distant

States) in which the psychologist is not licensed, as provided in the Compact.

     (B) To exercise the Temporary Authorization to Practice under the terms and provisions of

this Compact, a psychologist licensed to practice in a Compact State must:

     (1) Hold a graduate degree in psychology from an institute of higher education that was, at

the time the degree was awarded:

     (a) Regionally accredited by an accrediting body recognized by the U.S. Department of

Education to grant graduate degrees, or authorized by Provincial Statute or Royal Charter to grant

doctoral degrees; or

     (b) A foreign college or university deemed to be equivalent to subsection 1(a) above by a

foreign credential evaluation service that is a member of the National Association of Credential

Evaluation Services (NACES) or by a recognized foreign credential evaluation service; and

     (2) Hold a graduate degree in psychology that meets the following criteria:

     (a) The program, wherever it may be administratively housed, must be clearly identified

and labeled as a psychology program. Such a program must specify in pertinent institutional

catalogues and brochures its intent to educate and train professional psychologists;

     (b) The psychology program must stand as a recognizable, coherent, organizational entity

within the institution;

     (c) There must be a clear authority and primary responsibility for the core and specialty

areas whether or not the program cuts across administrative lines;

     (d) The program must consist of an integrated, organized sequence of study;

     (e) There must be an identifiable psychology faculty sufficient in size and breadth to carry

out its responsibilities;

     (f) The designated director of the program must be a psychologist and a member of the

core faculty;

     (g) The program must have an identifiable body of students who are matriculated in that

program for a degree;

     (h) The program must include supervised practicum, internship, or field training

appropriate to the practice of psychology;

     (i) The curriculum shall encompass a minimum of three (3) academic years of full-time

graduate study for doctoral degrees and a minimum of one academic year of full-time graduate

study for master's degree;

     (j) The program includes an acceptable residency as defined by the Rules of the

Commission;

     (3) Possess a current, full and unrestricted license to practice psychology in a Home State

which is a Compact State;

     (4) No history of adverse action that violate the Rules of the Commission;

     (5) No criminal record history that violates the Rules of the Commission;

     (6) Possess a current, active IPC;

     (7) Provide attestations in regard to areas of intended practice and work experience and

provide a release of information to allow for primary source verification in a manner specified by

the Commission; and

     (8) Meet other criteria as defined by the Rules of the Commission.

     (C) A psychologist practicing into a Distant State under the Temporary Authorization to

Practice shall practice within the scope of practice authorized by the Distant State.

     (D) A psychologist practicing into a Distant State under the Temporary Authorization to

Practice will be subject to the Distant State's authority and law. A Distant State may, in accordance

with that state's due process law, limit or revoke a psychologist's Temporary Authorization to

Practice in the Distant State and may take any other necessary actions under the Distant State's

applicable law to protect the health and safety of the Distant State's citizens. If a Distant State takes

action, the state shall promptly notify the Home State and the Commission.

     (E) If a psychologist's license in any Home State, another Compact State, or any Temporary

Authorization to Practice in any Distant State, is restricted, suspended or otherwise limited, the IPC

shall be revoked and therefore the psychologist shall not be eligible to practice in a Compact State

under the Temporary Authorization to Practice.

ARTICLE VI

CONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATE

     (A) A psychologist may practice in a Receiving State under the Authority to Practice

Interjurisdictional Telepsychology only in the performance of the scope of practice for psychology

as assigned by an appropriate State Psychology Regulatory Authority, as defined in the Rules of

the Commission, and under the following circumstances:

     (1) The psychologist initiates a client/patient contact in a Home State via

telecommunications technologies with a client/patient in a Receiving State;

     (2) Other conditions regarding telepsychology as determined by Rules promulgated by the

Commission.

ARTICLE VII

ADVERSE ACTIONS

     (A) A Home State shall have the power to impose adverse action against a psychologist's

license issued by the Home State. A Distant State shall have the power to take adverse action on a

psychologist's Temporary Authorization to Practice within that Distant State.

     (B) A Receiving State may take adverse action on a psychologist's Authority to Practice

Interjurisdictional Telepsychology within that Receiving State. A Home State may take adverse

action against a psychologist based on an adverse action taken by a Distant State regarding

temporary in-person, face-to-face practice.

     (C) If a Home State takes adverse action against a psychologist's license, that psychologist's

Authority to Practice Interjurisdictional Telepsychology is terminated and the e-Passport is

revoked. Furthermore, that psychologist's Temporary Authorization to Practice is terminated and

the IPC is revoked.

     (1) All Home State disciplinary orders which impose adverse action shall be reported to

the Commission in accordance with the Rules promulgated by the Commission. A Compact State

shall report adverse actions in accordance with the Rules of the Commission.

     (2) In the event discipline is reported on a psychologist, the psychologist will not be eligible

for telepsychology or temporary in-person, face-to-face practice in accordance with the Rules of

the Commission.

     (3) Other actions may be imposed as determined by the Rules promulgated by the

Commission.

     (D) A Home State's Psychology Regulatory Authority shall investigate and take

appropriate action with respect to reported inappropriate conduct engaged in by a licensee which

occurred in a Receiving State as it would if such conduct had occurred by a licensee within the

Home State. In such cases, the Home State's law shall control in determining any adverse action

against a psychologist's license.

     (E) A Distant State's Psychology Regulatory Authority shall investigate and take

appropriate action with respect to reported inappropriate conduct engaged in by a psychologist

practicing under Temporary Authorization Practice which occurred in that Distant State as it would

if such conduct had occurred by a licensee within the Home State. In such cases, Distant State's

law shall control in determining any adverse action against a psychologist's Temporary

Authorization to Practice.

     (F) Nothing in this Compact shall override a Compact State's decision that a psychologist's

participation in an alternative program may be used in lieu of adverse action and that such

participation shall remain non-public if required by the Compact State's law. Compact States must

require psychologists who enter any alternative programs to not provide telepsychology services

under the Authority to Practice Interjurisdictional Telepsychology or provide temporary

psychological services under the Temporary Authorization to Practice in any other Compact State

during the term of the alternative program.

     (G) No other judicial or administrative remedies shall be available to a psychologist in the

event a Compact State imposes an adverse action pursuant to subsection (C), above.

ARTICLE VIII

ADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATE'S PSYCHOLOGY

REGULATORY AUTHORITY

     (A) In addition to any other powers granted under state law, a Compact State's Psychology

Regulatory Authority shall have the authority under this Compact to:

     (1) Issue subpoenas, for both hearings and investigations, which require the attendance and

testimony of witnesses and the production of evidence. Subpoenas issued by a Compact State's

Psychology Regulatory Authority for the attendance and testimony of witnesses, and/or the

production of evidence from another Compact State shall be enforced in the latter state by any court

of competent jurisdiction, according to that court's practice and procedure in considering subpoenas

issued in its own proceedings. The issuing State Psychology Regulatory Authority shall pay any

witness fees, travel expenses, mileage and other fees required by the service statutes of the state

where the witnesses and/or evidence are located; and

     (2) Issue cease and desist and/or injunctive relief orders to revoke a psychologist's

Authority to Practice Interjurisdictional Telepsychology and/or Temporary Authorization to

Practice; and

     (3) During the course of any investigation, a psychologist may not change their Home State

licensure. A Home State Psychology Regulatory Authority is authorized to complete any pending

investigations of a psychologist and to take any actions appropriate under its law. The Home State

Psychology Regulatory Authority shall promptly report the conclusions of such investigations to

the Commission. Once an investigation has been completed, and pending the outcome of said

investigation, the psychologist may change their Home State licensure. The Commission shall

promptly notify the new Home State of any such decisions as provided in the Rules of the

Commission. All information provided to the Commission or distributed by Compact States

pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or

disciplinary matters. The Commission may create additional rules for mandated or discretionary

sharing of information by Compact States.

ARTICLE IX

COORDINATED LICENSURE INFORMATION SYSTEM

     (A) The Commission shall provide for the development and maintenance of a Coordinated

Licensure Information System (Coordinated Database) and reporting system containing licensure

and disciplinary action information on all psychologists individuals to whom this Compact is

applicable in all Compact States as defined by the Rules of the Commission.

     (B) Notwithstanding any other provision of state law to the contrary, a Compact State shall

submit a uniform data set to the Coordinated Database on all licensees as required by the Rules of

the Commission, including:

     (1) Identifying information;

     (2) Licensure data;

     (3) Significant investigatory information;

     (4) Adverse actions against a psychologist's license;

     (5) An indicator that a psychologist's Authority to Practice Interjurisdictional

Telepsychology and/or Temporary Authorization to Practice is revoked;

     (6) Non-confidential information related to alternative program participation information;

     (7) Any denial of application for licensure, and the reasons for such denial; and

     (8) Other information which may facilitate the administration of this Compact, as

determined by the Rules of the Commission.

     (C) The Coordinated Database administrator shall promptly notify all Compact States of

any adverse action taken against, or significant investigative information on, any licensee in a

Compact State.

     (D) Compact States reporting information to the Coordinated Database may designate

information that may not be shared with the public without the express permission of the Compact

State reporting the information.

     (E) Any information submitted to the Coordinated Database that is subsequently required

to be expunged by the law of the Compact State reporting the information shall be removed from

the Coordinated Database.

ARTICLE X

ESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT

COMMISSION

     (A) The Compact States hereby create and establish a joint public agency known as the

Psychology Interjurisdictional Compact Commission.

     (1) The Commission is a body politic and an instrumentality of the Compact States.

     (2) Venue is proper and judicial proceedings by or against the Commission shall be brought

solely and exclusively in a court of competent jurisdiction where the principal office of the

Commission is located. The Commission may waive venue and jurisdictional defenses to the extent

it adopts or consents to participate in alternative dispute resolution proceedings.

     (3) Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

     (B) Membership, Voting, and Meetings.

     (1) The Commission shall consist of one voting representative appointed by each Compact

State who shall serve as that state's Commissioner. The State Psychology Regulatory Authority

shall appoint its delegate. This delegate shall be empowered to act on behalf of the Compact State.

This delegate shall be limited to:

     (a) Executive Director, Executive Secretary or similar executive;

     (b) Current member of the State Psychology Regulatory Authority of a Compact State; or

     (c) Designee empowered with the appropriate delegate authority to act on behalf of the

Compact State.

     (2) Any Commissioner may be removed or suspended from office as provided by the law

of the state from which the Commissioner is appointed. Any vacancy occurring in the Commission

shall be filled in accordance with the laws of the Compact State in which the vacancy exists.

     (3) Each Commissioner shall be entitled to one vote with regard to the promulgation of

Rules and creation of Bylaws and shall otherwise have an opportunity to participate in the business

and affairs of the Commission. A Commissioner shall vote in person or by such other means as

provided in the Bylaws. The Bylaws may provide for Commissioners' participation in meetings by

telephone or other means of communication.

     (4) The Commission shall meet at least once during each calendar year. Additional

meetings shall be held as set forth in the Bylaws.

     (5) All meetings shall be open to the public, and public notice of meetings shall be given

in the same manner as required under the rulemaking provisions in Article XI.

     (6) The Commission may convene in a closed, non-public meeting if the Commission must

discuss:

     (a) Non-compliance of a Compact State with its obligations under the Compact;

     (b) The employment, compensation, discipline or other personnel matters, practices or

procedures related to specific employees or other matters related to the Commission's internal

personnel practices and procedures;

     (c) Current, threatened, or reasonably anticipated litigation against the Commission;

     (d) Negotiation of contracts for the purchase or sale of goods, services or real estate;

     (e) Accusation against any person of a crime or formally censuring any person;

     (f) Disclosure of trade secrets or commercial or financial information which is privileged

or confidential;

     (g) Disclosure of information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

     (h) Disclosure of investigatory records compiled for law enforcement purposes;

     (i) Disclosure of information related to any investigatory reports prepared by or on behalf

of or for use of the Commission or other committee charged with responsibility for investigation

or determination of compliance issues pursuant to the Compact; or

     (j) Matters specifically exempted from disclosure by federal and state statute.

     (7) If a meeting, or portion of a meeting, is closed pursuant to this provision, the

Commission's legal counsel or designee shall certify that the meeting may be closed and shall

reference each relevant exempting provision. The Commission shall keep minutes which fully and

clearly describe all matters discussed in a meeting and shall provide a full and accurate summary

of actions taken, of any person participating in the meeting, and the reasons therefore, including a

description of the views expressed. All documents considered in connection with an action shall be

identified in such minutes. All minutes and documents of a closed meeting shall remain under seal,

subject to release only by a majority vote of the Commission or order of a court of competent

jurisdiction.

     (C) The Commission shall, by a majority vote of the Commissioners, prescribe Bylaws

and/or Rules to govern its conduct as may be necessary or appropriate to carry out the purposes and

exercise the powers of the Compact, including, but not limited to:

     (1) Establishing the fiscal year of the Commission.

     (2) Providing reasonable standards and procedures:

     (a) For the establishment and meetings of other committees; and

     (b) Governing any general or specific delegation of any authority or function of the

Commission;

     (3) Providing reasonable procedures for calling and conducting meetings of the

Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for

attendance of such meetings by interested parties, with enumerated exceptions designed to protect

the public's interest, the privacy of individuals of such proceedings, and proprietary information,

including trade secrets. The Commission may meet in closed session only after a majority of the

Commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the

Commission must make public a copy of the vote to close the meeting revealing the vote of each

Commissioner with no proxy votes allowed.

     (4) Establishing the titles, duties and authority and reasonable procedures for the election

of the officers of the Commission.

     (5) Providing reasonable standards and procedures for the establishment of the personnel

policies and programs of the Commission. Notwithstanding any civil service or other similar law

of any Compact State, the Bylaws shall exclusively govern the personnel policies and programs of

the Commission.

     (6) Promulgating a Code of Ethics to address permissible and prohibited activities of

Commission members and employees;

     (7) Providing a mechanism for concluding the operations of the Commission and the

equitable disposition of any surplus funds that may exist after the termination of the Compact after

the payment and/or reserving of all of its debts and obligations;

     (8) The Commission shall publish its bylaws in a convenient form and file a copy thereof

and a copy of any amendment thereto, with the appropriate agency or officer in each of the Compact

States;

     (9) The Commission shall maintain its financial records in accordance with the Bylaws;

and

     (10) The Commission shall meet and take such actions as are consistent with the provisions

of this Compact and the bylaws.

     (D) The Commission shall have the following powers:

     (1) The authority to promulgate uniform rules to facilitate and coordinate implementation

and administration of this Compact. The rule shall have the force and effect of law and shall be

binding in all Compact States;

     (2) To bring and prosecute legal proceedings or actions in the name of the Commission,

provided that the standing of any State Psychology Regulatory Authority or other regulatory body

responsible for psychology licensure to sue or be sued under applicable law shall not be affected;

     (3) To purchase and maintain insurance and bonds;

     (4) To borrow, accept or contract for services of personnel, including, but not limited to,

employees of a Compact State;

     (5) To hire employees, elect or appoint officers, fix compensation, define duties, grant such

individuals appropriate authority to carry out the purposes of the Compact, and to establish the

Commission's personnel policies and programs relating to conflicts of interest, qualifications of

personnel, and other related personnel matters;

     (6) To accept any and all appropriate donations and grants of money, equipment, supplies,

materials and services, and to receive, utilize and dispose of the same; provided that at all times the

Commission shall strive to avoid any appearance of impropriety and/or conflict of interest;

     (7) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,

improve or use, any property, real, personal or mixed; provided that at all times the Commission

shall strive to avoid any appearance of impropriety;

     (8) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of

any property real, personal or mixed;

     (9) To establish a budget and make expenditures;

     (10) To borrow money;

     (11) To appoint committees, including advisory committees comprised of Members, State

regulators, State legislators or their representatives, and consumer representatives, and such other

interested persons as may be designated in this Compact and the bylaws;

     (12) To provide and receive information from, and to cooperate with, law enforcement

agencies;

     (13) To adopt and use an official seal; and

     (14) To perform such other functions as may be necessary or appropriate to achieve the

purposes of this Compact consistent with the state regulation of psychology licensure, temporary

in-person, face-to-face practice and telepsychology practice.

     (E) The Executive Board.

     The elected officers shall serve as the Executive Board, which shall have the power to act

on behalf of the Commission according to the terms of this Compact.

     (1) The Executive Board shall be comprised of six (6) members:

     (a) Five (5) voting members who are elected from the current membership of the

Commission by the Commission;

     (b) One exofficio, nonvoting member from the recognized membership organization

composed of State and Provincial Psychology Regulatory Authorities.

     (2) The exofficio ex-officio member must have served as staff or member on a State

Psychology Regulatory Authority and will be selected by its respective organization.

     (3) The Commission may remove any member of the Executive Board as provided in

Bylaws.

     (4) The Executive Board shall meet at least annually.

     (5) The Executive Board shall have the following duties and responsibilities:

     (a) Recommend to the entire Commission changes to the Rules or bylaws, changes to this

Compact legislation, fees paid by Compact States such as annual dues, and any other applicable

fees;

     (b) Ensure Compact administration services are appropriately provided, contractual or

otherwise;

     (c) Prepare and recommend the budget;

     (d) Maintain financial records on behalf of the Commission;

     (e) Monitor Compact compliance of member states and provide compliance reports to the

Commission;

     (f) Establish additional committees as necessary; and

     (g) Other duties as provided in Rules or bylaws.

     (F) Financing of the Commission

     (1) The Commission shall pay, or provide for the payment of the reasonable expenses of

its establishment, organization and ongoing activities.

     (2) The Commission may accept any and all appropriate revenue sources, donations and

grants of money, equipment, supplies, materials and services.

     (3) The Commission may levy on and collect an annual assessment from each Compact

State or impose fees on other parties to cover the cost of the operations and activities of the

Commission and its staff which must be in a total amount sufficient to cover its annual budget as

approved each year for which revenue is not provided by other sources. The aggregate annual

assessment amount shall be allocated based upon a formula to be determined by the Commission

which shall promulgate a rule binding upon all Compact States.

     (4) The Commission shall not incur obligations of any kind prior to securing the funds

adequate to meet the same; nor shall the Commission pledge the credit of any of the Compact

States, except by and with the authority of the Compact State.

     (5) The Commission shall keep accurate accounts of all receipts and disbursements. The

receipts and disbursements of the Commission shall be subject to the audit and accounting

procedures established under its Bylaws. However, all receipts and disbursements of funds handled

by the Commission shall be audited yearly by a certified or licensed public accountant and the

report of the audit shall be included in and become part of the annual report of the Commission.

     (G) Qualified Immunity, Defense, and Indemnification.

     (1) The members, officers, Executive Director, employees and representatives of the

Commission shall be immune from suit and liability, either personally or in their official capacity,

for any claim for damage to or loss of property or personal injury or other civil liability caused by

or arising out of any actual or alleged act, error or omission that occurred, or that the person against

whom the claim is made had a reasonable basis for believing occurred within the scope of

Commission employment, duties or responsibilities; provided that nothing in this subsection shall

be construed to protect any such person from suit and/or liability for any damage, loss, injury or

liability caused by the intentional or willful or wanton misconduct of that person.

     (2) The Commission shall defend any member, officer, Executive Director, employee or

representative of the Commission in any civil action seeking to impose liability arising out of any

actual or alleged act, error or omission that occurred within the scope of Commission employment,

duties or responsibilities, or that the person against whom the claim is made had a reasonable basis

for believing occurred within the scope of Commission employment, duties or responsibilities;

provided that nothing herein shall be construed to prohibit that person from retaining that person's

own counsel; and provided further, that the actual or alleged act, error or omission did not result

from that person's intentional or willful or wanton misconduct.

     (3) The Commission shall indemnify and hold harmless any member, officer, Executive

Director, employee or representative of the Commission for the amount of any settlement or

judgment obtained against that person arising out of any actual or alleged act, error or omission

that occurred within the scope of Commission employment, duties or responsibilities, or that such

person had a reasonable basis for believing occurred within the scope of Commission employment,

duties or responsibilities, provided that the actual or alleged act, error or omission did not result

from the intentional or willful or wanton misconduct of that person.

ARTICLE XI

RULEMAKING

     (A) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth

in this Article and the Rules adopted thereunder. Rules and amendments shall become binding as

of the date specified in each rule or amendment.

     (B) If a majority of the legislatures of the Compact States rejects a rule, by enactment of a

statute or resolution in the same manner used to adopt the Compact, then such rule shall have no

further force and effect in any Compact State.

     (C) Rules or amendments to the rules shall be adopted at a regular or special meeting of

the Commission.

     (D) Prior to promulgation and adoption of a final rule or Rules by the Commission, and at

least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon,

the Commission shall file a Notice of Proposed Rulemaking:

     (1) On the website of the Commission; and

     (2) On the website of each Compact States' Psychology Regulatory Authority or the

publication in which each state would otherwise publish proposed rules.

     (E) The Notice of Proposed Rulemaking shall include:

     (1) The proposed time, date, and location of the meeting in which the rule will be

considered and voted upon;

     (2) The text of the proposed rule or amendment and the reason for the proposed rule;

     (3) A request for comments on the proposed rule from any interested person; and

     (4) The manner in which interested persons may submit notice to the Commission of their

intention to attend the public hearing and any written comments.

     (F) Prior to adoption of a proposed rule, the Commission shall allow persons to submit

written data, facts, opinions and arguments, which shall be made available to the public.

     (G) The Commission shall grant an opportunity for a public hearing before it adopts a rule

or amendment if a hearing is requested by:

     (1) At least twenty-five (25) persons who submit comments independently of each other;

     (2) A governmental subdivision or agency; or

     (3) A duly appointed person in an association that has at least twenty-five (25) members.

     (H) If a hearing is held on the proposed rule or amendment, the Commission shall publish

the place, time, and date of the scheduled public hearing.

     (1) All persons wishing to be heard at the hearing shall notify the Executive Director of the

Commission or other designated member in writing of their desire to appear and testify at the

hearing not less than five (5) business days before the scheduled date of the hearing.

     (2) Hearings shall be conducted in a manner providing each person who wishes to comment

a fair and reasonable opportunity to comment orally or in writing.

     (3) No transcript of the hearing is required, unless a written request for a transcript is made,

in which case the person requesting the transcript shall bear the cost of producing the transcript. A

recording may be made in lieu of a transcript under the same terms and conditions as a transcript.

This subsection shall not preclude the Commission from making a transcript or recording of the

hearing if it so chooses.

     (4) Nothing in this section shall be construed as requiring a separate hearing on each rule.

Rules may be grouped for the convenience of the Commission at hearings required by this section.

     (I) Following the scheduled hearing date, or by the close of business on the scheduled

hearing date if the hearing was not held, the Commission shall consider all written and oral

comments received.

     (J) The Commission shall, by majority vote of all members, take final action on the

proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking

record and the full text of the rule.

     (K) If no written notice of intent to attend the public hearing by interested parties is

received, the Commission may proceed with promulgation of the proposed rule without a public

hearing.

     (L) Upon determination that an emergency exists, the Commission may consider and adopt

an emergency rule without prior notice, opportunity for comment, or hearing, provided that the

usual rulemaking procedures provided in the Compact and in this section shall be retroactively

applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the

effective date of the rule. For the purposes of this provision, an emergency rule is one that must be

adopted immediately in order to:

     (1) Meet an imminent threat to public health, safety, or welfare;

     (2) Prevent a loss of Commission or Compact State funds;

     (3) Meet a deadline for the promulgation of an administrative rule that is established by

federal law or rule; or

     (4) Protect public health and safety.

     (M) The Commission or an authorized committee of the Commission may direct revisions

to a previously adopted rule or amendment for purposes of correcting typographical errors, errors

in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be

posted on the website of the Commission. The revision shall be subject to challenge by any person

for a period of thirty (30) days after posting. The revision may be challenged only on grounds that

the revision results in a material change to a rule. A challenge shall be made in writing, and

delivered to the Chair of the Commission prior to the end of the notice period. If no challenge is

made, the revision will take effect without further action. If the revision is challenged, the revision

may not take effect without the approval of the Commission.

ARTICLE XII

OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT

     (A) Oversight.

     (1) The Executive, Legislative and Judicial branches of state government in each Compact

State shall enforce this Compact and take all actions necessary and appropriate to effectuate the

Compact's purposes and intent. The provisions of this Compact and the rules promulgated

hereunder shall have standing as statutory law.

     (2) All courts shall take judicial notice of the Compact and the rules in any judicial or

administrative proceeding in a Compact State pertaining to the subject matter of this Compact

which may affect the powers, responsibilities or actions of the Commission.

     (3) The Commission shall be entitled to receive service of process in any such proceeding,

and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service

of process to the Commission shall render a judgment or order void as to the Commission, this

Compact or promulgated rules.

     (B) Default, Technical Assistance, and Termination.

     (1) If the Commission determines that a Compact State has defaulted in the performance

of its obligations or responsibilities under this Compact or the promulgated rules, the Commission

shall:

     (a) Provide written notice to the defaulting state and other Compact States of the nature of

the default, the proposed means of remedying the default and/or any other action to be taken by the

Commission; and

     (b) Provide remedial training and specific technical assistance regarding the default.

     (2) If a state in default fails to remedy the default, the defaulting state may be terminated

from the Compact upon an affirmative vote of a majority of the Compact States, and all rights,

privileges and benefits conferred by this Compact shall be terminated on the effective date of

termination. A remedy of the default does not relieve the offending state of obligations or liabilities

incurred during the period of default.

     (3) Termination of membership in the Compact shall be imposed only after all other means

of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be

submitted by the Commission to the Governor, the majority and minority leaders of the defaulting

state's legislature, and each of the Compact States.

     (4) A Compact State which has been terminated is responsible for all assessments,

obligations and liabilities incurred through the effective date of termination, including obligations

which extend beyond the effective date of termination.

     (5) The Commission shall not bear any costs incurred by the state which is found to be in

default or which has been terminated from the Compact, unless agreed upon in writing between the

Commission and the defaulting state.

     (6) The defaulting state may appeal the action of the Commission by petitioning the U.S.

District Court for the state of Georgia or the federal district where the Compact has its principal

offices. The prevailing member shall be awarded all costs of such litigation, including reasonable

attorney's fees.

     (C) Dispute Resolution.

     (1) Upon request by a Compact State, the Commission shall attempt to resolve disputes

related to the Compact which arise among Compact States and between Compact and Non-

Compact States.

     (2) The Commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes that arise before the commission.

     (D) Enforcement.

     (1) The Commission, in the reasonable exercise of its discretion, shall enforce the

provisions and Rules of this Compact.

     (2) By majority vote, the Commission may initiate legal action in the United States District

Court for the State of Georgia or the federal district where the Compact has its principal offices

against a Compact State in default to enforce compliance with the provisions of the Compact and

its promulgated Rules and Bylaws. The relief sought may include both injunctive relief and

damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded

all costs of such litigation, including reasonable attorney's fees.

     (3) The remedies herein shall not be the exclusive remedies of the Commission. The

Commission may pursue any other remedies available under federal or state law.

ARTICLE XIII

DATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL

COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND

AMENDMENTS

     (A) The Compact shall come into effect on the date on which the Compact is enacted into

law in the seventh Compact State. The provisions which become effective at that time shall be

limited to the powers granted to the Commission relating to assembly and the promulgation of

rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the

implementation and administration of the Compact.

     (B) Any state which joins the Compact subsequent to the Commission's initial adoption of

the rules shall be subject to the rules as they exist on the date on which the Compact becomes law

in that state. Any rule which has been previously adopted by the Commission shall have the full

force and effect of law on the day the Compact becomes law in that state.

     (C) Any Compact State may withdraw from this Compact by enacting a statute repealing

the same.

     (1) A Compact State's withdrawal shall not take effect until six (6) months after enactment

of the repealing statute.

     (2) Withdrawal shall not affect the continuing requirement of the withdrawing State's

Psychology Regulatory Authority to comply with the investigative and adverse action reporting

requirements of this act prior to the effective date of withdrawal.

     (D) Nothing contained in this Compact shall be construed to invalidate or prevent any

psychology licensure agreement or other cooperative arrangement between a Compact State and a

Non-Compact State which does not conflict with the provisions of this Compact.

     (E) This Compact may be amended by the Compact States. No amendment to this Compact

shall become effective and binding upon any Compact State until it is enacted into the law of all

Compact States.

ARTICLE XIV

CONSTRUCTION AND SEVERABILITY

     This Compact shall be liberally construed so as to effectuate the purposes thereof. If this

Compact shall be held contrary to the constitution of any state member thereto, the Compact shall

remain in full force and effect as to the remaining Compact States.


 

 

 

 

25)

Section

Added Chapter Numbers:

 

5-44.1-3

109 and 110

 

 

5-44.1-3. Ratification procedure – Effective date.

     When the governor shall have executed the compact on behalf of this state and shall have

caused a verified copy to be filed with the secretary of state; and when the compact shall have been

ratified by one or more of the state states, territories or possessions of the United States, the District

of Columbia, and/or the Commonwealth of Puerto Rico, then the compact shall become operative

and effective as between this state and those other state or states, territories or possessions of the

United States, the District of Columbia, and/or the Commonwealth of Puerto Rico. The governor

is authorized and directed to take any action that may be necessary to complete the exchange of

official documents as between this state and any other state, territory or possession of the United

States, the District of Columbia, or the Commonwealth of Puerto Rico, ratifying the compact.


 

 

 

 

26)

Section

Added Chapter Numbers:

 

5-44.1-4

109 and 110

 

 

5-44.1-4. Compact administrator.

     Pursuant to the compact, the governor is authorized and empowered to designate an officer

who shall be the compact administrator and who, acting jointly with like officers of other party

states, shall promulgate rules and regulations to more effectively carry out the terms of the compact.

The compact administrator shall serve subject to the pleasure of the governor. The compact

administrator is authorized, empowered and directed to cooperate with all departments, agencies

and officers of and in the government of this state and its subdivisions in facilitating the proper

administration of the compact or of any supplementary agreement or agreements entered into by

this state under it.


 

 

 

27)

Section

Added Chapter Numbers:

 

5-44.1-5

109 and 110

 

 

5-44.1-5. Supplementary agreements.

     The compact administrator is authorized and empowered to enter into supplementary

agreements with appropriate officials of other states pursuant to the compact. In the event that a

supplementary agreement shall require or contemplate the use of any institution or facility of this

state or require or contemplate the provision of any service by this state, the supplementary

agreement shall have no force or effect until approved by the head of the department or agency

under whose jurisdiction the institution or facility is operated or whose department or agency will

be charged with the rendering of the service.


 

 

 

 

28)

Section

Amended Chapter Numbers:

 

5-53.1-3

131 and 132

 

 

5-53.1-3. Certain persons exempted.

     (a) The following persons shall not be required to file a registration statement with the

department:

     (1) Educational institutions, including parent-teacher associations, the curricula of which

in whole or in part are registered or approved by a governmental agency as well as all other

educational institutions within this state recognized or certified as educational institutions by a

generally recognized and accepted regional or national educational accrediting organization.

     (2) Persons requesting any contributions for the relief of any individual, specified by name

at the time of the solicitation, if all of the contributions collected, without any deductions

whatsoever, are turned over to the named beneficiary.

     (3)(i) Any charitable organization that does not intend to solicit and receive and does not

actually raise or receive contributions in excess of twenty-five thousand dollars ($25,000) during a

fiscal year of the charitable organization, provided none of its fundraising functions are carried on

by professional fundraisers and no part of its assets or income inures to the benefit of or is paid to

any officer, director, member (if a limited-liability company), trustee, partner, or member of the

charitable organization.

     (ii) For the purpose of this subdivision, contributions received from corporations, charitable

foundations, government agencies, or a duly registered federated fund, incorporated community

appeal, or United Way, shall not be included in determining the total amount of contributions

received.

     (iii) If, during the fiscal year of any charitable organization, the gross contributions

received by the charitable organization during that fiscal year exceed twenty-five thousand dollars

($25,000), it shall, within thirty (30) days after the date it shall have received total contributions in

excess of twenty-five thousand dollars ($25,000), register with the director as required by § 5-53.1-

2.

     (4) Organizations that solicit only from their own membership. The term "membership"

shall not include those persons who are granted a membership upon making a contribution as the

result of a solicitation.

     (5) Persons soliciting contributions solely from corporations, charitable foundations, or

governmental agencies.

     (6) Foundations or associations exclusively for the benefit of religious organizations,

education institutions, nonprofit or charitable hospitals, and public libraries.

     (7) Hospitals that are nonprofit and charitable.

     (8) Veterans' organizations and their auxiliaries so long as the veterans' organizations are

chartered under chapter 6 of title 7.

     (9) Public libraries.

     (10) Historical societies duly organized under the laws of this state.

     (11) Free, not-for-profit, public art museums.

     (12) Grange organizations and their auxiliaries.

     (13) Churches or recognized denominations and religious organizations, societies, and

institutions operated, supervised, or controlled by a religious organization or society that solicit

from other than their own membership. Institutions indirectly or affiliated with but that are not

operated, supervised, or controlled by any religious organizations or religious society that own,

maintain, and operate homes for the aged, orphanages, and homes for unwed mothers.

     (14) Volunteer fire and rescue associations.

     (15) Land trusts duly organized under the laws of this state.

     (16) Nonprofit Not-for-profit and not-for-profit nonprofit food bank banks or food

pantry pantries; provided, however, the Rhode Island community food bank shall not be included

within this classification.

     (b) Any charitable organization claiming to be exempt from the registration requirements

of this chapter shall submit any information that the director may request to substantiate an

exemption under this section.


 

 

 

 

29)

Section

Amended Chapter Numbers:

 

5-63.2-2

167 and 168

 

 

5-63.2-2. Definitions.

     As used in this chapter:

     (1) "Advertise" means, but is not limited to, the issuing or causing to be distributed any

card, sign, or device to any person; or the causing, permitting, or allowing any sign or marking on

or in any building, radio, or television; or by advertising by any other means designed to secure

public attention.

     (2) "Board" means the board of mental health counselors and marriage and family

therapists.

     (3) "Clinical counselor in mental health" means a person who is licensed pursuant to § 5-

63.2-9, which license is in force and not suspended or revoked as of the particular time in question.

     (4) "Internship" means a part of an organized graduate program in counseling therapy and

constitutes a supervised experience within a mental health and/or marriage and family setting.

     (5) "Marriage and family therapist" means a person who is licensed pursuant to § 5-63.2-

10, which license is in force and not suspended or revoked as of the particular time in question.

     (6) "Person" means any individual, firm, corporation, partnership, organization, or body

politic.

     (7) "Practice of clinical mental health counseling" means the rendering of professional

services to individuals, families, or groups for monetary compensation. These professional services

include:

     (i) Applying the principles, methods, and theories of counseling and/or psychotherapeutic

techniques to define goals and develop a treatment plan of action aimed toward the prevention,

treatment, and resolution of social, mental, and emotional dysfunction and intra or interpersonal

disorders in persons diagnosed at intake as non-psychotic and not presenting medical problems;

and

     (ii) Engaging in psychotherapy of a nonmedical nature, utilizing supervision when

appropriate, and making referrals to other psychiatric, psychological, or medical resources when

the person is diagnosed as psychotic or presenting a medical problem.

     (8) "Practice of marriage and family therapy" means the rendering of professional services

to individuals, family groups, couples, or organizations for monetary compensation. These

professional services include applying principles, methods, and therapeutic techniques for the

purpose of resolving emotional conflicts; modifying perceptions and behavior; enhancing

communications and understanding among all family members; and the prevention of family and

individual crisis. Individual marriage and family therapists shall also engage in psychotherapy of a

nonmedical and non-psychotic nature with appropriate referrals to psychiatric resources.

     (9) "Practicum" means a part of an organized graduate program in counseling therapy and

constitutes a supervised experience within the graduate counseling program.

     (10) "Qualified supervision" means the supervision of clinical services in accordance with

standards established by the board under the supervision of an individual who has been recognized

by the board as an approved supervisor.

     (11) "Recognized educational institution" means any educational institution that grants a

bachelor's, master's, or doctoral degree and is recognized by the board of mental health counselors

and marriage and family therapists or a recognized postgraduate clinical training program as

specified in §§ 5-63.2-9(2) 5-63.2-9 and 5-63.2-10(2) 5-63.2-10.

     (12) "Use a title or description of" means to hold oneself out to the public as having a

particular status by means of stating on signs, mailboxes, address plates, stationery,

announcements, calling cards, or other instruments of professional identification.


 

 

 

30)

Section

Amended Chapter Numbers:

 

5-63.2-4

167 and 168

 

 

5-63.2-4. Composition of board -- Appointment, and terms, of members.

     The director of the department of health, with the approval of the governor, shall appoint

nine (9) electors as members of the board. Three (3) shall be clinical mental health counselors, at

least two (2) of whom shall meet the qualifications of § 5-63.2-9 5-63.2-9(b) and have at least five

(5) years of private practice experience in mental health counseling; three (3) shall be marriage and

family therapists, who shall be clinical marriage and family therapists who meet the qualifications

of § 5-63.2-10 5-63.2-10(b) and have at least five (5) years of private practice experience in

marriage and family therapy; three (3) shall be members of the public. Commencing September

1996, the director of the department of health shall appoint one clinical mental health counselor for

one year; one clinical mental health counselor for two (2) years; one clinical mental health

counselor for three (3) years; one marriage and family therapist for one year; one marriage and

family therapist for two (2) years; one marriage and family therapist for three (3) years; one public

member for two (2) years; and two (2) public members for three (3) years. After this, all terms of

appointments shall be for three (3) years. In no instance shall a person serve more than six (6)

consecutive years on the board.


 

 

 

31)

Section

Amended Chapter Numbers:

 

5-63.2-9

167 and 168

 

 

5-63.2-9. Qualifications of licensed clinical mental health counselor associates and 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 that the applicant: The department shall issue the

appropriate license to applicants who meet the qualifications in this section.

     (1) Prerequisites for licensure of a clinical mental health counselor associate. A license as

a "clinical mental health counselor associate" shall be issued to an applicant who meets the

following qualifications:

     (1)(i) Is of good character; and

     (2)(ii) 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 that has the approval by a cognizable national or regional

certifying authority; and

     (3)(iii) Has completed sixty (60) semester hours or ninety (90) quarter hours within his or

her graduate counseling/therapy program; and

     (4)(iv) 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 that is deemed equivalent by the board;

and .

     (2) Prerequisites for licensure of a clinical mental health counselor: A license as a "clinical

mental health counselor" shall be issued to an applicant who meets the following qualifications:

      (5)(i) 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)(ii) Has a minimum of one hundred (100) hours of post-degree supervised case work

spread over a two-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)(iii) 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 associate, or 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.


 

 

 

 

32)

Section

Amended Chapter Numbers:

 

5-63.2-10

167 and 168

 

 

5-63.2-10. Qualifications of licensed marriage and family therapist associates and 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 that the applicant: The department shall issue the

appropriate license to applicants who meet the qualifications of this section.

     (1) Prerequisites for licensure of a marriage and family therapist associate. A license as a

"marriage and family therapist associate" shall be issued to an applicant who meets the following

qualifications:

     (1)(i) Is of good character; and

     (2)(ii) 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)(iii) Has completed sixty (60) semester hours or ninety (90) quarter hours within his or

her graduate degree program specializing in marital and family therapy; and

     (4)(iv) 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 Department of

education Education, or education and/or experience that is deemed equivalent by the board; and

.

     (2) Prerequisites for licensure of a marriage and family therapist. A license as a "marriage

and family therapist" shall be issued to an applicant who meets the following qualifications:

     (5)(i) 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)(ii) Has had a minimum of one hundred (100) hours of post-degree supervised case work

spread over two (2) years (2); 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)(iii) 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 associate,

or 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.


 

 

 

33)

Section

Amended Chapter Numbers:

 

5-65-1

251 and 252

 

 

5-65-1. Definitions.

     As used in this chapter:

     (1) "Appurtenances" means any accessory improvement to real estate associated with a

primary structure.

     (1)(2) "Board" means the contractors' registration and licensing board established pursuant

to the provisions of § 5-65-14 or its designees.

     (3) "Claim" means that portion of a complaint which that pertains to the complainant's

assertion that they are entitled to monetary damages, an order for specific performance of work

and/or other contractual or equitable relief or remedies on account of allegations or disputes

between themself and a contractor or themself and a subcontractor.

     (2)(4) "Claim for retainage" means an allegation that a person seeking payment of retainage

breached the person's contract for the project; provided, however, that a "claim" related to a project

with a contract value of not less than two hundred fifty thousand dollars ($250,000) shall be subject

to the applicable dispute resolution procedure, notice, and other requirements in the contract for

construction.

     (5) "Complaint" means a written complaint submitted to the board or office with allegations

against or disputes involving a contractor, which that which may contain a claim component and/or

allegations that a contractor has violated provisions of this chapter or the regulations promulgated

hereunder.

     (3)(6)(7)(i) "Contractor" means a person who, in the pursuit of an independent business,

undertakes or offers to undertake or submits a bid, or for compensation and with or without the

intent to sell the structure arranges to construct, alter, repair, improve, move constructs, alters,

repairs, improves, moves over public highways, roads, or streets, or demolish demolishes a

structure or to perform any work in connection with the construction, alteration, repair,

improvement, moving over public highways, roads, or streets, or demolition of a structure, and the

appurtenances thereto. For the purposes of this chapter, "appurtenances" includes, but is not limited

to, the installation, alteration, or repair of wells connected to a structure consistent with chapter

13.2 of title 46, garage, carport, porch, patio, decks, docks, sheds, tents, gazebos, walkways,

fencing, driveways, retaining walls, swimming pools, sidewalks, stone/masonry walls, and parking

lots.

     (ii) "Contractor" includes, but is not limited to, any person who purchases or owns property

and constructs, or for compensation arranges for the construction of, one or more structures.

     (ii)(iii) A certificate of registration is necessary for each "business entity" regardless of the

fact that each entity may be owned by the same individual.

     (4)(7)(6) "Contract for construction" means a contract for which a lien may be established

under chapter 28 of title 34 or for state or municipal public works projects as defined in title 37 on

a project for which the person on whose contract with the project owner has an original contract

price of not less than two hundred fifty thousand dollars ($250,000); provided, however, that

"contract for construction" shall not include a project containing, or designed to contain, at least

one, but not more than four (4), dwelling units.

     (5)(8) "Deliverable" means a project close-out document that shall be submitted by the

person seeking payment of retainage under the person's contract for construction; provided,

however, that a lien waiver or release, which is a deliverable, shall comply with chapter 28 of title

34; provided, further, that "deliverable" shall not include any document affirming, certifying, or

confirming completion or correction of labor, materials, or other items furnished or incomplete or

defective work.

     (6)(9) "Dwelling unit" means a single unit providing complete independent-living facilities

for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and

sanitation.

     (7)(10) "Hearing officer" means a person designated by the director of the department of

business regulation or the director's designee to hear contested claims or cases, contested

enforcement proceedings, and contested administrative fines, and to render decisions or orders in

accordance with the "administrative procedures act," chapter 35 of title 42.

     (8)(11) "Incomplete or defective work" means labor, materials, or any other item required

for full performance by a person seeking payment of retainage that remains to be furnished by the

person under the person's contract for construction or that has been furnished by the person but

requires correction, repair, further completion, revision, or replacement; provided, however, that

"incomplete or defective work" shall not include deliverables or labor, materials, or any other item

to be repaired or replaced after substantial or final completion pursuant to a warranty, guarantee,

or other contractual obligation to correct defective work after substantial or final completion.

     (9)(12) "Monetary damages" means the dollar amount required in excess of the contract

amount necessary to provide the claimant with what was agreed to be provided under the terms of

the contract reduced by any amount due and unpaid to the respondent inclusive of any and all

awards and restitution.

     (10)(13) "Office" means the state building office established pursuant to § 5-84-3.1.

     (11)(14) "Person" means any natural person, joint venture, partnership, corporation, or

other business or legal entity who or that enters into a contract for construction.

     (12)(15) "Prime contractor" means a person who or that enters into a contract for

construction with the project owner.

     (13)(16) "Retainage" means a portion or percentage of a payment due pursuant to a contract

for construction that is withheld to ensure full performance of the contract for construction.

     (14)(17) "Staff" means any staff necessary to carry out the powers, functions, and duties of

the board, or the office, including inspectors, hearing officers, and other supportive staff.

     (15)(18) "State" means the state State state of Rhode Island.

     (16)(19) "Structure" means (i) Any commercial building; or (ii) Any building containing

one or more residences and their appurtenances. The board's dispute resolution process shall apply

only to residential structures containing dwelling units, as defined in the state building code, or

residential portions of other types of buildings without regard to how many units any structure may

contain. The board retains jurisdiction and may conduct hearings regarding violations against all

contractors required to be registered or licensed by the board.

     (17) "Substantially" means any violation that affects the health, safety, and welfare of the

general public.

     (18)(20) "Substantial completion" means the stage in the progress of the project when the

work required by the contract for construction with the project owner is sufficiently complete in

accordance with the contract for construction so that the project owner may occupy or utilize the

work for its intended use; provided, further, that "substantial completion" may apply to the entire

project or a phase of the entire project if the contract for construction with the project owner

expressly permits substantial completion to apply to defined phases of the project.

     (21) "Violation" means a violation of any provision of this chapter or the regulations

promulgated hereunder or any order of the board or office.


 

 

 

 

34)

Section

Amended Chapter Numbers:

 

5-65-2

251 and 252

 

 

5-65-2. Exemptions from registration -- Registered agent for service of process.

     (a) The following persons shall be exempt from registration under this chapter:

     (1) A person who is constructing, altering, improving, or repairing his or her own personal

property.

     (2) A person who is constructing, altering, improving, or repairing a structure located

within the boundaries of any site or reservation under the jurisdiction of the federal government.

     (3) A person who furnishes materials, supplies, equipment, or furnishes products and does

not fabricate them into, or consume them, in the performance of the work of a contractor. If the

person wants to file a claim complaint pursuant to this chapter they must be registered pursuant to

this chapter.

     (4) A person working on one structure or project, under one or more contracts when the

price of all of that person's contracts for labor, materials, and all other items is less than five hundred

dollars ($500) and the work is of a casual, minor, or inconsequential nature. This subsection does

not apply to a person who advertises or puts out any sign or card or other device that might indicate

to the public that the person is a contractor.

     (5) This section does not apply to a person who constructs or for compensation with the

intent to sell the structure, or who arranges to have constructed a structure to be sold before, upon,

or after completion. It shall be prima facie evidence that there was intent to offer the structure for

sale if the person who constructed the structure or arranged to have the structure constructed does

not occupy the structure for one calendar year after completion.

     (6) A person performing work on a single-dwelling-unit property that person owns,

whether occupied by that person or not, or a person performing work on that person's residence,

whether or not that person owns the residence. This subdivision does not apply to a person

performing work on a structure owned by that person if the work is performed, in the pursuit of an

independent business, with the intent of offering the structure for sale before, upon, or after

completion.

     (7) A person who performs work subject to this chapter as an employee of a contractor.

     (8) A manufacturer of a mobile home constructed under standards established by the

federal government.

     (9) A person involved in the movement of:

     (i) Modular buildings or structures other than mobile homes not in excess of fourteen feet

(14') in width.

     (ii) Structures not in excess of sixteen feet (16') in width when these structures are being

moved by their owner if the owner is not a contractor required to be registered under this chapter.

     (10) Any person or business entity licensed by the state employing licensed trades persons

as defined by chapters 6, 20, and 56 of this title, and chapters 26 and 27 of title 28 and working

within the purview of the license issued by the governing agency shall be exempt from all the

provisions of this chapter except § 5-65-7, requiring insurance. A valid certificate of insurance shall

be required to be maintained by the licensing agency during the terms of the issuance date of the

license as a condition for a valid license. Failure of the licensee to maintain this insurance shall

result in loss of license pursuant to requirements of statutes governing the licensing authority.

     (b) No registration shall be issued to a nonresident contractor until he or she has filed with

the board a power of attorney constituting and appointing a registered agent upon whom all

processes in any action or legal proceeding against him or her may be served, and in the power of

attorney agrees that any lawful process against him or her that may be served upon his or her

registered agent is of the same force and validity as if served on the nonresident contractor, and that

the force continues irrevocably in force until such time as the board has been duly notified in writing

of any change to that status.


 

 

 

 

35)

Section

Amended Chapter Numbers:

 

5-65-3

251 and 252

 

 

5-65-3. Registration for work on a structure required of contractor -- Issuance of

building permits to unregistered or unlicensed contractors prohibited -- Evidence of activity

as a contractor -- Duties of contractors.

     (a)(1) A person shall not undertake, offer to undertake, or submit a bid to do work as a

contractor on a structure or arrange to have work done unless that person has a current, valid

certificate of registration for all construction work issued by the board. A partnership, corporation,

limited liability company, or joint venture may do the work; offer to undertake the work; or submit

a bid to do the work only if that partnership, corporation, limited liability company, or joint venture

is registered for the work. In and in the case of registration by a corporation, limited liability

company, joint venture, or partnership, an individual shall be designated to be responsible for the

corporation's, company's, joint venture's, or partnership's work. The corporation, limited liability

company, joint venture, or partnership and its individual designee shall be jointly and severally

liable and responsible for the payment of the registration fee, as required in this chapter, and for

compliance with all requirements and violations of any provisions of this chapter and the

regulations promulgated thereunder. Disciplinary action taken on a registration held by a

corporation, partnership, limited liability company, joint venture, individual, or sole proprietor may

affect other registrations held by the same corporation, partnership, limited liability company, joint

venture, individual, or sole proprietorship, and may shall also be grounds for the board or office to

deny and preclude future registration by any corporation, partnership, limited liability company,

joint venture, individual, or sole proprietorship where the disciplined registrant and the applicant

for registration have an individual the principal of that business entity and/or responsible designee

in common.

     (b) A registered partnership, limited liability company, or corporation shall notify the board

in writing immediately upon any change in partners or corporate officers.

     (c) A city, town, or the state shall not issue a building permit to anyone required to be

registered under this chapter who does not have a current, valid certificate of registration

identification card or valid license that shall be presented at the time of issuance of a permit and

shall become a condition of a valid permit. Each city, town, or the state that requires the issuance

of a permit as a condition precedent to construction, alteration, improvement, demolition,

movement, or repair of any building or structure or the appurtenance to the structure shall also

require that each applicant for the permit as a condition to issuing the permit, is registered under

the provisions of this chapter, giving the number of the registration and stating that the registration

is in full force and effect, or, if the applicant is exempt from the provisions of this chapter, listing

the basis for the exemption. The city, town, or the state shall list the contractor's registration number

on the permit obtained by that contractor, and if a homeowner is issued a permit, the building

inspector or official must ascertain registration numbers of each contractor on the premises and

shall inform the registration board of any non-registered contractors performing work at the site.

     (d) Every city and town that requires the issuance of a business license as a condition

precedent to engaging, within the city or town, in a business that is subject to regulation under this

chapter, shall require that each licensee and each applicant for issuance or renewal of the license

file, or has on file, with the city or town a signed statement that the licensee or applicant is registered

under the provisions of this chapter and stating that the registration is in full force and effect.

     (e) It shall be prima facie evidence of doing business as a contractor when a person for that

person's own use performs, employs others to perform, or for compensation and with the intent to

sell the structure, arranges to have performed any work described in § 5-65-1(4) if within any one

twelve-month (12) period that person offers for sale one or more structures on which that work was

performed.

     (f) Registration under this chapter shall be prima facie evidence that the registrant conducts

a separate, independent business.

     (g) The provisions of this chapter shall be exclusive and no city or town shall require or

shall issue any registrations or licenses nor charge any fee for the regulatory registration of any

contractor registered with the board. Nothing in this subsection shall limit or abridge the authority

of any city or town to license and levy and collect a general and nondiscriminatory license fee

levied upon all businesses, or to levy a tax based upon business conducted by any firm within the

city or town's jurisdiction, if permitted under the laws of the state.

     (h)(1) Every contractor shall maintain a list that shall include the following information

about all subcontractors or other contractors performing work on a structure for that contractor:

     (i) Names and addresses; and

     (ii) Registration numbers or other license numbers.

     (2) The list referred to in subsection (h)(1) of this section shall be delivered to the board

within twenty-four (24) hours after a request is made during reasonable working hours, or a fine of

twenty-five dollars ($25.00) may be imposed for each offense.

     (i) The following subcontractors who are not employees of a registered contractor must

obtain a registration certificate prior to conducting any work: (1) Carpenters, including finish

carpenters and framers; (2) Siding installers; (3) Roofers; (4) Foundation installers, including

concrete installers and form installers; (5) Drywall installers; (6) Plasterers; (7) Insulation installers;

(8) Ceramic tile installers; (9) Floor covering installers; (10) Swimming pool installers, both above

ground and in ground; (11) Masons, including chimney installers, fireplace installers, and general

masonry erectors; (12) Hardscape installers; (13) Power washers who perform work on structures;

and (14) Painters. This list is not all inclusive and shall not be limited to the above-referenced

contractors. No subcontractor licensed by another in-state agency pursuant to § 5-65-2 shall be

required to register, provided that said work is performed under the purview of that license.

     (j) A contractor including, but not limited to, a general contractor, shall not hire any

subcontractor or other contractor to work on a structure unless the contractor is registered under

this chapter or exempt from registration under the provisions of § 5-65-2.

     (k) A summary of this chapter, prepared by the board and provided at cost to all registered

contractors, shall be delivered by the contractor to the owner when the contractor begins work on

a structure; failure to comply may result in a fine.

     (l) The registration number of each contractor shall appear in any advertising by that

contractor. Advertising in any form by an unregistered contractor shall be prohibited, including

alphabetical or classified directory listings, vehicles, business cards, and all other forms of

advertisements. The violations may result in a penalty being assessed by the board per

administrative procedures established.

     (i) The board may publish, revoke, or suspend registrations and the date the registration

was suspended or revoked on a quarterly basis.

     (ii) Use of the word "license" in any form of advertising when only registered may subject

the registrant or those required to be registered to a fine of one hundred dollars ($100) for each

offense at the discretion of the board.

     (m) The contractor must see that permits required by the state building code are secured on

behalf of the owner prior to commencing the work involved. The contractor's registration number

must be affixed to the permit as required by the state building code.

     (n) The board may assess an interest penalty of twelve percent (12%) annually when a

monetary award is ordered by the board.

     (o) All work performed, including labor and materials, in excess of one thousand dollars

($1,000) shall be accompanied by a contract in writing. Contracts required pursuant to this

subsection shall include a location on or near the signature-line location on or in which the parties

to the contract shall initial to evidence the receipt of certain consumer education materials

disclosures and or information approved and provided by the board to the contractor. The

educational materials and/or information shall include, but not be limited to, required pursuant to

regulations promulgated by the board and the following notice and shall be provided by the

contractor to the homeowner:

NOTICE OF POSSIBLE MECHANIC'S LIEN

     To: Insert name of owner, lessee, or tenant, or owner of less than the simple fee simple.

     The undersigned is about to perform work and/or furnish materials for the construction,

erection, alterations, or repair upon the land at (INSERT ADDRESS) under contract with you. This

is a notice that the undersigned and any other persons who provide labor and materials for the

improvement under contract with the undersigned may file a mechanic's lien upon the land in the

event of nonpayment to them. It is your responsibility to assure yourself that those other persons

under contract with the undersigned receive payment for their work performed and materials

furnished for the construction, erection, alteration, or repair upon the land.

     Failure to adhere to the provisions of this subsection may result in a one-thousand-dollar

fine ($1,000) against the contractor and shall not affect the right of any other person performing

work or furnishing materials of claiming a lien pursuant to chapter 28 of title 34. However, the

person failing to provide the notice shall indemnify and hold harmless any owner, lessee, or tenant,

or owner of less than the fee simple, from any payment or costs incurred on account of any lien

claims by those not in privity with them, unless the owner, lessee, or tenant, or owner of less than

the fee simple, shall not have paid such person.

     (p) Contracts entered into must contain notice of right of rescission as stipulated in all

pertinent Rhode Island consumer protection laws and/or § 5-65-27, if applicable.

     (q) The contractor must stipulate whether or not all the proper insurances are in effect for

each job contracted.

     (r) Contractors who are in compliance with the provisions of this section shall be exempt

from A notice of possible mechanic's lien given in accordance with the requirements of § 34-28-

4.1 shall satisfy the notice of possible mechanic's lien required pursuant to subsection (o) of this

section.

     (s) In addition to the requirements of this chapter, contractors engaged in well-drilling

activities shall also be subject to regulations pertaining to licensing and registration promulgated

by the contractors' registration and licensing board pursuant to chapter 65.2 of this title and § 46-

13.2-4.


 

 

 

 

 

 

 

 

 

 

 

 

 

36)

Section

Amended Chapter Numbers:

 

5-65-5

251 and 252

 

 

5-65-5.  Application for registration -- Continuing education.

     (a) A person who wishes to register as a contractor shall submit an application upon a form

in a manner as prescribed by the board or office. The application shall include:

     (1) Workers' compensation insurance account number, or company name if a number has

not yet been obtained, if applicable;

     (2) Unemployment insurance account number, if applicable;

     (3) State withholding tax account number, if applicable;

     (4) Federal employer identification number, if applicable, or if self-employed and

participating in a retirement plan;

     (5)(i) The individual(s) name and business address and residential address of:

     (A) Each partner or venturer, if the applicant is a partnership or joint venture;

     (B) The owner, if the applicant is an individual proprietorship;

     (C) The corporation corporate officers, members, and managers and a copy of corporate

papers filed with the Rhode Island secretary of state's office, if the applicant is a corporation;

     (ii) Post office boxes are not acceptable as the only address;

     (6) A statement as to whether or not the applicant has previously applied for registration,

or is or was an officer, manager, member, partner, or venturer of an applicant who previously

applied for registration and if so, the name of the corporation, limited liability company,

partnership, or venture; and

     (7) Valid insurance certificate for the type of work being performed and as required under

§ 5-65-7.

     (b) A person may be prohibited from registering or renewing a registration as a contractor

under the provisions of this chapter or his or her registration may be revoked or suspended if he or

she has any unsatisfied or outstanding judgments from arbitration, bankruptcy, courts, or

administrative agency against him or her relating to his or her work as a contractor, and provided,

further, that a statement shall be provided to the board attesting to the information herein.

     (c) Failure to provide or falsified information on an application, or any document required

by this chapter, is punishable by a fine not to exceed ten thousand dollars ($10,000) or and/or denial

or revocation of the registration, or both.

     (d) An applicant must be at least eighteen (18) years of age.

     (e) For new applications, satisfactory proof shall be provided to the board evidencing the

completion of five (5) hours of preregistration education units as determined by the board pursuant

to established regulations.

     (e)(f) For renewal applications, satisfactory Satisfactory proof shall be provided to the

board evidencing the completion of two and one-half (2.5) hours of continuing education units that

will be required to be maintained by residential contractors as a condition of registration as

determined by the board pursuant to established regulations.

     (f)(g) A certification in a form issued by the board shall be completed upon registration or

license or renewal to ensure contractors are aware of certain provisions of this law and shall be

signed by the registrant before a registration can be issued or renewed.


 

 

 

 

 

 

 

 

 

 

37)

Section

Amended Chapter Numbers:

 

5-65-6

251 and 252

 

 

5-65-6. Contractor to notify of address change -- Effect of mail to last known address.

     It is the duty of a contractor to notify the board in writing of any change of address while

registered and for one year following the date the contractor's registration expires or becomes

inactive. The contractor shall notify the board in writing within ten (10) days of the date upon which

the change of address occurs. Any proposed or final order or notice of hearing directed by the board

or office to the last-known address of record shall be considered delivered and deemed served when

deposited in the United States mail and/or sent registered or certified or post office receipt secured.

Any other communication directed by the board or office to the last-known address of record shall

be considered delivered when deposited in the United States mail, regular mail.


 

 

 

 

38)

Section

Amended Chapter Numbers:

 

5-65-7

251 and 252

 

 

5-65-7. Insurance required of contractors.

     (a) Throughout the period of registration, the contractor shall have in effect public liability

and property damage insurance covering the work of that contractor that shall be subject to this

chapter in not less than the following amount: five hundred thousand dollars ($500,000) combined

single limit, bodily injury and property damage.

     (b) In addition, all contractors shall have in effect workers' compensation insurance as

required under chapter 29 of title 28. Failure to maintain required insurance shall not preclude

claims from being filed against a contractor.

     (c) The contractor shall provide satisfactory evidence to the board at the time of registration

and renewal that the insurance required by subsection subsections (a) and (b) of this section has

been procured and is in effect. Failure to maintain insurance shall invalidate registration and may

result in a fine to the registrant and/or suspension or revocation of the registration.


 

 

 

 

39)

Section

Amended Chapter Numbers:

 

5-65-8

251 and 252

 

 

5-65-8.  Term of registration – Renewal.

     (a) A certificate of registration shall be valid for one (1) year from the date of issuance

unless the registration is revoked or suspended as described in § 5-65-10. It may be renewed by the

same procedure provided for an original registration upon application and furnishing of any

additional supplemental information that the board may require by rule.

     (b) The board shall issue a pocket-card certificate of registration to a contractor registered

under this chapter including a picture of the registrant as prescribed by the board in the rules and

regulations. The Rhode Island department of administration, division of motor vehicles, shall, upon

the board's request, provide electronic copies of the digital photos of any registrant under this

chapter on record to be incorporated into the contractors' registration data bank to match the drivers'

licenses or IDs provided by registrants or applicants unless the applicant provides written

notification to the board to the contrary.

     (c) The board may vary the dates of registration renewal by giving to the registrant written

notice of the renewal date assigned and by making appropriate adjustments in the renewal fee.

     (d) The presentation of the registration or license identification card shall be mandatory at

the time of permit application.

     (e) If a registrant files in bankruptcy court, the board must be notified in writing by the

registrant and kept informed of the status of the case until dismissed, discharged, or resolved in

court.


 

 

 

 

40)

Section

Amended Chapter Numbers:

 

5-65-9

251 and 252

 

 

5-65-9. Registration fee -- Report.

     (a) Each applicant shall pay to the board:(1) For for original registration or renewal of

registration, a fee of one hundred and fifty dollars ($150).

     (2) A fee for all changes in the registration, as prescribed by the board, other than those

due to clerical errors.

     (b) All fees and fines collected by the board shall be deposited as general revenues to

support the activities set forth in this chapter until June 30, 2008. Beginning July 1, 2008, all All

fees and fines collected by the board shall be deposited into a restricted-receipt account for the

exclusive use of supporting programs established by this chapter.

     (c) On or before January 15, 2018, and annually thereafter, the board shall file a report with

the speaker of the house and the president of the senate, with copies to the chairpersons of the house

and senate finance committees, detailing:

     (1) The total number of fines issued, broken down by category, including the number of

fines issued for a first violation and the number of fines issued for a subsequent violation;

     (2) The total dollar amount of fines levied;

     (3) The total amount of fees, fines, and penalties collected and deposited for the most

recently completed fiscal year; and

     (4) The account balance as of the date of the report.

     (d) Each year, the department of business regulation shall prepare a proposed budget to

support the programs approved by the board. The proposed budget shall be submitted to the board

for its review. A final budget request shall be submitted to the legislature as part of the department

of business regulation's annual request.

     (e) New or renewal registrations may be filed online or with a third party approved by the

board, with the additional cost incurred to be borne by the registrant.


 

 

 

 

41)

Section

Amended Chapter Numbers:

 

5-65-10

251 and 252

 

 

5-65-10. Grounds for discipline -- Injunctions.

     (a) The board or office may revoke, suspend, or refuse to issue, reinstate, or reissue a

certificate of registration if the board or office determines, after notice and opportunity for a

hearing:

     (1) That the registrant or applicant has violated § 5-65-3 or any other provision of this

chapter or the regulations promulgated thereunder.

     (2) That the insurance required by § 5-65-7 is not currently in effect.

     (3) That the registrant, licensee, or applicant has engaged in conduct as a contractor that is

dishonest or fraudulent that the board or office finds injurious to the welfare of the public.

     (4) Has violated a rule or order of the board.

     (5) That the registrant has knowingly assisted an unregistered person to act in violation of

this chapter or the regulations promulgated thereunder.

     (6) That a lien was filed on a structure under chapter 28 of title 34 because the registrant or

applicant wrongfully failed to perform a contractual duty to pay money to the person claiming the

lien.

     (7) That the registrant has substantially violated state or local building codes.

     (8) That the registrant has made false or fraudulent statements on his or her application.

     (9) That a registrant has engaged in repeated acts in violation of this chapter and the board's

rules and regulations inclusive of substandard workmanship and any misuse of registration.

     (10) The board or office may take disciplinary action against a contractor who performed

work, or arranged to perform work, while the registration was suspended, invalidated, or revoked.

Deposits received by a contractor and ordered returned are not considered a monetary award when

no services or supplies have been received.

     (11) That the registrant breached a contract.

     (12) That the registrant performed negligent and/or improper work.

     (13) That the registrant contractor has advertised with a license number instead of using a

registration number when only registered.

     (14) That the registrant has failed to complete a project(s) for construction or willfully

failed to comply with the terms of a contract or written warranty.

     (15) That the registrant has misrepresented his or her registration status as valid when the

registration was suspended, revoked, invalidated, inactive, or unregistered as required by the board.

     (16) That the registrant has failed to pay a fine or comply with any order issued by the

board or office.

     (17) That the registrant has failed to obtain or maintain the required continuing

education/units required by the board, or failed to sign the statement required by the board for

registration or renewal.

     (18) When a violation for hiring a nonregistered contractor, working as a nonregistered

contractor, or not maintaining the insurance required is issued, the board or office may suspend the

registration may become invalidated until the violation is resolved to the satisfaction of the board

or office or otherwise through the administrative hearing is requested on this offense proceeding.

     (19) That the registrant has violated any of the provisions of chapter 3 of title 25; chapter

3, 12, 14, 36, or 50 of title 28; or chapter 13 of title 37. A finding that the registrant has violated

any of those chapters shall not be grounds for imposition of a monetary penalty under subsection

(c) below.

     (b) Subject to providing notice and an opportunity for a hearing, in In addition to all other

remedies, when it appears to the board or office has reason to believe that a person has engaged in,

or is engaging in, any act, practice, or transaction that violates the provisions of this chapter or the

regulations promulgated thereunder, the board or office may direct order such person to cease and

desist from the violation or request the attorney general to apply to the court for an injunction

restraining the person from violating the provisions of this chapter. An injunction shall not be issued

for failure to maintain the list provided for in § 5-65-3(h) unless the court determines that the failure

is intentional.

     (c) Subject to providing notice and an opportunity for a hearing:

     (1) For each first violation of a particular section of this chapter or any rule or regulation

promulgated by the board, a fine not to exceed five thousand dollars ($5,000) may be imposed after

a hearing by the board. Provided, further, that the board, at its discretion, may, after a hearing,

impose an additional fine up to but not to exceed the face value of the contract or the actual damages

caused by the contractor, whichever shall be greater. Where the claim is for actual damages, the

board shall require proof satisfactory to the board indicating the damages. Where corrective work

is completed as ordered by the board and/or if restitution is made to the person for whom the work

was to be performed, the fine assessed may be reduced as determined by the board. Fines and

decisions on claims or for violations, inclusive of monetary awards, can may be imposed against

registered contractors, as well as contractors those persons required to be registered, by the board.

     (2) For each subsequent violation of a particular subsection of this chapter or of a rule or

regulation promulgated by the board, a fine not to exceed ten thousand dollars ($10,000) may be

imposed. after a hearing by the board. All fines collected by the board shall be deposited as general

revenues until June 30, 2008, to be used to enforce the provisions of this chapter. Beginning July

1, 2008, all All fines collected by the board shall be deposited into a restricted-receipt account to

be used to enforce the provisions of this chapter.

     (3) For the first a violation of § 5-65-3, only for nonregistered contractors, a fine of up to

five thousand dollars ($5,000) for a first offense and up to ten thousand dollars ($10,000) for each

subsequent offense shall be imposed.

     (d) In any decision following a hearing, the The hearing officer, upon rendering a

conclusionboard, or office may require the registrant, in addition to or in lieu of a fine, to attend

continuing education courses as appropriate. Failure to adhere to the requirement may result in

immediate revocation of the registration.

     (e) The expiration of a registration by operation of law or by order or decision of the board,

the office, or a court, or the voluntary surrender of registration by the registrant, does not deprive

the board or office of jurisdiction of an action or disciplinary proceeding against the registrant, or

to render a decision suspending or revoking a registration.

     (f)(1) In emergency situations, when a registrant is acting to the detriment of the health,

welfare, and safety of the general public, the director of the department of business regulation, or

the director's designee, may revoke or suspend a registration without a hearing for just cause for a

period of thirty (30) days.

     (2) A registration revocation or suspension in an emergency situation may be extended

beyond thirty (30) days after notice and opportunity for a hearing.

     (g) A registrant may petition the board to partially or completely expunge his or her record

provided that notice of the expungement proceedings has been provided to the claimant who was

the subject of the violation. For purposes of this subsection, "notice" shall consist of a mailing to

the last-known address of the claimant and need not be actual notice and the board may grant or

deny such petition in its sole discretion.

     (h) Any person or contractor, registered or not, who or that uses another contractor's

registration, contractor's registration identification card, or allows another person to use their

contractor's registration fraudulently in any way, will be subject to a fine not exceeding ten

thousand dollars ($10,000).

     (i) When the use of fraudulent advertising entices is used to entice an individual to hire an

unregistered contractor, a fine of up to ten thousand dollars ($10,000) may be imposed on the

unregistered contractor by the board or office.

     (j) It shall be unlawful to retain If a social security number or copy of the driver's license

is received from a registrant by a building official as a condition of obtaining a permit, such

information shall be maintained in accordance with applicable law.

     (k) The board is further authorized upon certain findings or violations to:

     (1) Put a lien on property held by a contractor.

     (2) Take action on registrant when the continuing-education requirements have failed to be

attained as required in rules and regulations.

     (3)(k) When upon investigation a complaint reveals: serious code infractions; unsatisfied

mechanic's liens; abandonment of a job for a substantial period of time without apparent cause; or

any other conduct detrimental to the public, the board can double the fines.

     (4) Suspend, revoke, or refuse to issue, reinstate, or reissue a certificate of registration to

any registrant who has contracted, advertised, offered to contract, or submitted a bid when the

contractor's registration is suspended, revoked, invalidated, inactive, or unregistered as required by

the board.

     (l) No person shall register as a contractor with the contractors' registration board for the

purpose of deceiving or circumventing the registration process by enabling a person whose

registration has been suspended or revoked to conduct business. Provided, further however, that

any person who, in good faith, relies on the board or the contractor's registration board's website

for information regarding the registration status of another, shall be exempt from violations

pursuant to this section if the information provided by the board is not correct. Violators of this

section shall be jointly and individually liable and responsible for violations and for damages

resulting from their activities as contractors pursuant to this chapter. Violations of this subsection

may result in a suspension or revocation of registration and/or fines not to exceed ten thousand

dollars ($10,000) and/or up to one year in jail. Furthermore, the director of the department of

business regulation, or the director's designee, shall require that all applicants for registration shall

sign a statement that they are aware of this provision and its implications.

     (m) Upon receipt of notice of a final determination, after the exhaustion of all appeals, by

the department of labor and training, consent agreement, or court order that a registered contractor

violated any of the provisions of chapter 3 of title 25; chapter 3, 12, 14, 36, or 50 of title 28; or

chapter 13 of title 37 and owes any wages, benefits, or other sums arising out of the violation, the

board shall immediately suspend the contractor's registration of the contractor in accordance with

this subsection. The suspension shall continue until all wages, benefits, or other sums owed have

been paid or the contractor has entered into a written, binding agreement to pay the same acceptable

to the department of labor and training and is not in default in of payment under the agreement. If

the contractor fails to remain current in payment under the agreement, the department of labor and

training shall notify the contractors' registration board and the suspension shall be imposed or

reinstated, as the case may be. The foregoing sanction is mandatory, but shall not be grounds for

imposition of a monetary penalty under subsection (c) above.

     (n) When the registration of a contractor has been revoked or suspended, neither the

contractor nor any successor entity or sole proprietorship that: (1) Has one or more of the same

principals or officers as the partnership, limited partnership, limited-liability partnership, joint

venture, limited-liability company, corporation, or sole proprietorship as the subject contractor; and

(2) Is engaged in the same or equivalent trade or activity shall be qualified to register, apply, renew,

or retain a registration as a contractor under this chapter, unless and until the board or office shall

determine that the basis of the revocation or suspension has been satisfied or removed and that the

registrant or applicant otherwise satisfies the requirements for registration under this chapter.

Notwithstanding the foregoing, a natural person may obtain relief from the application and

enforcement of this subsection as to him or her if he or she can establish that he or she was not

responsible for, and did not acquiesce to, the misconduct that is the basis of the revocation,

suspension, or denial of registration.

 


 

 

 

 

42)

Section

Amended Chapter Numbers:

 

5-65-11

251 and 252

 

 

5-65-11.  Submission of complaints.

     (a) The board and office shall only accept and make determinations of the following types

of claims for damages against contractors registered or required to be registered. This section shall

apply to and consider complaints for purposes of determining whether registered contractors or

other persons who are required to be registered have violated the provisions of this chapter or the

regulations promulgate promulgated thereunder. This includes complaints that contain the

following types of claims:

     (1) Claims against a contractor by the owner of a structure for residential dwelling unit

asserting the following in performing any work subject to this chapter:

     (i) Negligent work;

     (ii) Improper work;

     (iii) Breach of contract; or

     (iv) Contract disputes.

     (2) Claims against a contractor by the owner of a structure to discharge or to recoup funds

expended in discharging a lien established under chapter 28 of title 34 and under circumstances

described under this subsection. The board may reduce any amount adjudged by the board under

this section by any amount the claimant owes the contractor. The board shall only determine claims

under this subsection if:

     (i) The owner has paid the contractor for that contractor's work subject to this chapter; and

     (ii) A lien is filed against the structure of the owner under chapter 28 of title 34 because

the contractor failed to pay the person claiming the lien for that person's contribution toward

completion of the structure.

     (3) Claims against a registered contractor by a registered contractor for asserting the

following in performing any work subject to this chapter:

     (i) Negligent work;

     (ii) Improper work;

     (iii) Breach of contract;

     (iv) Furnishing labor or material or renting or supplying equipment to a contractor; or

     (v) Contract dispute.

     (4) Claims by an employee of a registered contractor.

     (5) If at a hearing the contractor's registration number is not on the contract, or recession

clause when required by law, or mechanic's lien notice; the registrant shall be subject to a fine.

     (6) If a settlement/agreement reached by the parties, or payment plan is breached, the board

may hold an administrative hearing to suspend or revoke the contractors' registration, impose a

fine, and provide monetary relief.

     (b) While the board and office will accept complaints for purposes of determining

violations and taking enforcement action against registrants and other persons pursuant to the

provisions of this chapter, the board and office will not adjudicate any complainant claims, causes

of action, or rights or remedies, contractual or otherwise, or order payment of monetary damages,

other monetary relief, specific performance, or other contractual or equitable remedies or relief to

or for a complainant.

     (c) Nothing in this section shall alter or impair the ability of a registrant or other person

who violates the provisions of this chapter from entering into a consensual agreement or order with

the board or office that includes performance of work and/or restitution to a complainant in

consideration and as a condition of such consensual resolution of proceedings.


 

 

 

 

43)

Section

Amended Chapter Numbers:

 

5-65-12

251 and 252

 

 

5-65-12. Procedure for making a complaint against a contractor -- Investigation by board --

Disciplinary action.

     (a) Any person having a claim complaint against a contractor of the type referred to in § 5-

65-11, may file with the board a statement of the claim complaint in any a form and with any fee

that the board prescribes. The filing fee may be reimbursed to the claimant by the respondent, if

the respondent is found to be at fault. Claims Complaints resolved prior to issuance of an order may

be removed from the contractors' registration board record pursuant to administrative regulations.

     (1) All claims complaints filed with the contractors' registration board shall be heard

processed by a designated hearing officer, unless either party prior to the administrative hearing,

files a civil action on the matter in a state court. Upon receipt of a written notice and a copy of the

filed civil complaint the office or the board for purposes of determining any violations as described

in this chapter. In the event a complainant or contractor files a civil action with respect to the matter,

the board shall may discontinue processing the claim If documentation is not received, the hearing

will be conducted. complaint; provided, however, that nothing herein shall preclude the board or

office from continuing investigation and enforcement proceedings with respect to any violations of

this chapter or the regulations promulgated thereunder.

     (2) The commencement of a civil or criminal action and/or issuance of a A court judgment

may constitute the basis for regulatory action against a contractor's registration, which may result

in the imposition of fines and penalties. A petition to enforce a mechanic's lien does not necessarily

constitute a civil action for purposes of this section.

     (b) The board may refuse to accept, or refuse at any time to continue processing a claim

complaint or determine to hold a complaint in abeyance, if:

     (1) The same facts and issues involved in the claim complaint have been submitted to any

other entity authorized by law or the parties to effect a resolution and and/or settlement;

     (2) The claimant complainant does not permit the contractor against whom the claim

complaint is filed to be present at any inspection made by the board;

     (3) The board determines that the contractor against whom the claim complaint is filed is

capable of complying with the any recommendations made by the board relative to the claim

complaint, but the claimant complainant does not permit the contractor to comply with the

recommendations. The board may refuse to accept further process of a claim continue processing

a complaint under this paragraph only if the contractor was registered at the time the work was first

performed and is registered at the time the board makes its recommendations; or

     (4) The board or office determines that the nature, or complexity, or amount in controversy

of the claim complaint is such that a court is the appropriate forum for the adjudication of the claim

complaint.

     (c) The board shall not process a claim complaint unless it is filed in a timely manner as

follows:

     (1) If the owner of a new structure files the claim complaint, the board must receive the

claim complaint not later than one year after the date the structure was first occupied as determined

from the date of issuance of the certificate of occupancy, or one year after the date of the closing

on the structure, whichever occurs later.

     (2) If the owner of an existing structure files the claim complaint, the board must receive

the claim complaint not later than one year after the date the work was substantially completed as

determined by the certificate of occupancy, or the date that work ceased.

     (3) Regardless of whether the claim complaint involves a new or existing structure, if the

owner files the claim complaint because the contractor failed to begin the work pursuant to a written

contract, the board must receive the claim complaint not later than one year after the date the parties

entered into a written contract.

     (4) Regardless of whether the claim complaint involves a new or existing structure, if the

owner files a claim complaint because the contractor failed to substantially complete the work, the

board must receive the claim complaint not later than one year after the date the contractor ceased

work on the structure.

     (5) If a registered general contractor files the claim a complaint against a registered

subcontractor because the subcontractor failed to substantially complete the work, the board must

receive the claim complaint not later than one year after the date the subcontractor ceased to work

on the structure.

     (6) If a material or equipment supplier, an employee, or a registered subcontractor files the

claim complaint, the board must receive the claim complaint not later than one year after the date

the registrant incurred the indebtedness.

     (7) The complainant will notify the board if after submission of the complaint, any

corrective work is performed to resolve the complaint. Any corrective work performed to resolve

claim complaint shall be the responsibility of the contractor for one year beyond the completion

date but only for corrective work performed.

     (d) Upon acceptance of the statement of claim claimant complaint, the board shall give

notice to the party against whom the claim complaint is made and shall initiate proceedings to

determine the validity of the claim complaint. If, after investigation, the board determines that a

violation of this chapter or of any rule promulgated under this chapter has occurred, the board shall

order take any action deemed appropriate, including action on the contractor's registration and

compensation to the claimant for any damages incurred as the result of the violation or claim. If the

contractor performs accordingly, the board shall give that fact due consideration in any subsequent

disciplinary proceeding brought by the board and/or imposition of fines pursuant to § 5-65-10;

provided, that the board shall suspend for a period of one year the certification of any registrant

who is found by final determination to have willfully and knowingly violated any provisions of this

chapter with respect to three (3) or more structures within a one-year period.

     (e) In any action brought by a person under this chapter, the board may award, in addition

to the relief provided in this section, treble damages, reasonable attorney's fees and costs, and any

award for service of process costs pursuant to § 5-65-26.

     (f) Notwithstanding any language limiting an action pursuant to this chapter, whenever a

consumer shall notify, in writing, a contractor of any problem with work performed by a contractor

or subcontractor within one year of the completion of the work and the problem has not been

corrected by the contractor or subcontractor, the aggrieved party shall have up to two (2) years one

year from the date of completion of the contractor's work to file a claim complaint with the

contractors' registration board. The two-year (2) one-year period shall not be construed as an

extension of any one-year warranty period expressed in any contract.


 

 

 

 

44)

Section

Amended Chapter Numbers:

 

5-65-13

251 and 252

 

 

5-65-13. Nonlawyer may represent corporation before board.

     A corporation or limited liability company that is registered or required to be registered as

a contractor under this chapter and that is a party in any proceeding before the board or any

representative of a party or office may appear or be represented in the proceeding by an officer of

the corporation who is not a member of the state bar; provided such officer provides satisfactory

documentation and attestation to the board confirming that such officer is the sole owner, officer,

director, manager, member of the corporation or limited liability company.


 

 

 

45)

Section

Amended Chapter Numbers:

 

5-65-14

251 and 252

 

 

5-65-14.  Contractors’ registration and licensing board -- Members -- Terms --

Confirmation -- Vacancies -- Qualification.

     (a) The board shall consist of seventeen (17) members appointed by the governor, at least

ten (10) of whom shall be registered contractors, of which. Of the seventeen (17) members, two

(2) shall be licensed roofers; one shall be a current member of the building codes standards

committee pursuant to § 23-27.3-100.1.4; one shall be a representative of the general public; one

shall be a licensed and practicing architect; and two (2) shall be licensed home inspectors; one who

shall be the president of the Rhode Island Builders Association or designee; one shall be the

executive director of the Utility Contractors Association of Rhode Island, or designee; one shall be

the executive director of the Rhode Island Independent Contractors and Associates, or designee;

and one who shall be the executive director of the Rhode Island Association of General Contractors,

or designee. The building code standards committee member shall be designated by the state

building commissioner, and shall be appointed as provided in subsection (b) of this section.

     (b) Except for the The commissioner's designee, the governor shall appoint seven (7)

members for a term of three (3) years and five (5) members for a term of two (2) years. The governor

shall appoint the member designated by the state building commissioner for a term of two (2) years.

Each member reappointed by the governor shall serve for the term of his or her original appointment

and the other members appointed by the governor shall each serve a term of three (3) years. Before

the expiration of the term of a member, the governor shall either reappoint the member or appoint

a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the

governor shall make an appointment immediately effective for the unexpired term. At the

expiration of their terms, members shall remain and shall continue in their official capacity until a

new member is appointed and confirmed.

     (c) In order to be eligible for board membership, the eight (8) ten (10) contractor members

of the board must be registered and/or licensed under this chapter and maintain their registrations

and/or licenses in good standing during their term of office. In order to be eligible for board

membership, the two (2) home inspector members shall be licensed pursuant to chapter 65.1 of this

title and shall maintain their license in good order during their terms of office.


 

 

 

 

46)

Section

Amended Chapter Numbers:

 

5-65-16

251 and 252

 

 

5-65-16. Powers and duties of the board -- Investigatory powers of board -- Use of city

or county inspectors -- Conduct of hearings.

     (a) The board may investigate the activities of any person engaged in the building and

construction industry to determine compliance with this chapter.

     (b) With the assistance of the city or town, the The board may conduct investigations with

the assistance of the local building officials.

     (c) The board has the power to administer oaths; issue notices and subpoenas in the name

of the board; compel the attendance of witnesses and the production of evidence; hold hearings;

and perform any other acts that are reasonably necessary to carry out its duties under this chapter.

     (d) If any person fails to comply with a subpoena issued under subsection (c) or refuses to

testify on matters on which the person may be lawfully interrogated, such person shall be

considered in contempt and the board or director may compel obedience compliance and/or punish

any contempt of the authority in like manner as may be punished in either the supreme or the

superior court.

     (e) The board shall have the authority to hire private investigators or constables to carry

out the duties of this chapter. The costs and expenses incurred by the hiring of private investigators

may be borne by the contractor or nonprevailing party.

     (f) In addition to all powers granted to the board and office under this chapter, the board

and office, and their designees, shall have the power and authority to:

     (1) Award monetary damages and Assess fines as provided by this chapter;

     (2) Order specific performance of any contract; and

     (3) Provide any other relief and/or remedy provided by this chapter and the contractors'

registration board's rules and regulations.

     (g) The board may, at its discretion, require any contractor who has had action taken against

his/her registration to obtain a bond not to exceed thirty thousand dollars ($30,000) in such amount

as determined by the board.


 

 

 

 

 

 

 

 

 

 

47)

Section

Amended Chapter Numbers:

 

5-65-19

251 and 252

 

 

5-65-19. Penalty for operating without a registration -- Failure to comply with a final order

or decision -- Repeat  offenses.

     In addition to any other penalties provided under this chapter:

     (a) (1) Any person who fails to register as a contractor 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 chapter by a person for failure to register as a contractor 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) (2) 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) (3) 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.

     (d) (4) 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), the court shall order a defendant to comply with any outstanding final order or

decision of the board or office, including any monetary judgment and to pay payment of to the

board any outstanding fine or fines previously imposed by the board or office pursuant to this

chapter.

     (e) (5) If a contractor is a repeat offender with violations of three (3) or more by final orders

or decisions of the board or office, a contractor is found to have committed violations of this chapter

with respect to three (3) or more separate contracts executed by with three (3) separate

individuals/aggrieved parties and the violations are filed occurred within a twenty-four-month (24)

period, the violation violations shall be deemed and 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).


 

 

 

 

48)

Section

Amended Chapter Numbers:

 

5-65-20

251 and 252

 

 

5-65-20. Administrative hearings.

     (a) Contested claims or cases, contested enforcement proceedings, and contested

administrative fines shall be heard, in accordance with the administrative procedures act, chapter

35 of title 42, and the administrative regulations promulgated by the board, by the hearings

officer(s) assigned by the director of the department of business regulation or the director's

designee.

     (b) The board has jurisdiction to hear appeals from decisions of the hearing officer(s), and

may by regulation impose a filing fee, not to exceed twenty dollars ($20.00), for any appeal.

     (c) Notwithstanding the preceding, the director of the department of business regulation,

or the director's designee, and the office is authorized to resolve complaints and contested

enforcement or claim proceedings through informal disposition pursuant to regulations

promulgated by the board.


 

 

 

 

49)

Section

Amended Chapter Numbers:

 

5-65-23

251 and 252

 

 

5-65-23. Registration required as part of bidding process.

     Whenever any bid is solicited by the state or any municipality or private party in the state

of Rhode Island, the registration and/or license number of any bidder who is a contractor required

to be registered and/or licensed under the laws of the state of Rhode Island shall be provided by the

bidder. A space on the bid form, quotation, proposal, or other document shall indicate the bid price

to perform the particular work involved and shall also indicate the registration and/or license

number of the contractor, as issued by the state of Rhode Island, to perform that work.


 

 

 

 

50)

Section

Amended Chapter Numbers:

 

5-65-25

251 and 252

 

 

5-65-25. Violations -- Notice.

     The board shall provide, by way of the contractors' registration and licensing board website,

by request, or by any other means approved by the board, a posting of all final decisions and orders

issued by the board, all proposed orders of the board, and any and all hearing notices issued by the

board. Provided, however, that all claims and violations adjudicated in favor of the contractor shall

be removed from the website or publications as soon as practicable.

     Provided however, this shall not prevent the board from expunging a contractor's record

pursuant to established rules and regulations.


 

 

 

 

 

51)

Section

Amended Chapter Numbers:

 

5-65-26

251 and 252

 

 

5-65-26. Notice of final order -- Service of process.

     In any final order or decision of the board or office determining that a contractor has

violated the provisions of this chapter or the regulations promulgated thereunder, the The board or

office is hereby authorized to assess against any the contractor a monetary award to the claimant

the costs of service of process up to but not to exceed one thousand dollars ($1,000) for the costs

of service of process for any final orders of the board when the funds for the service of process

were provided by an aggrieved party under this chapter. The aggrieved party's claim assessment

shall be limited to the actual cost of the service of process or one thousand dollars ($1,000),

whichever is less. The board shall require provide the contractor with proof of costs from the

aggrieved party evidencing the expense for the service of process upon request.


 

 

 

 

52)

Section

Amended Chapter Numbers:

 

5-90

113 and 114

 

 

CHAPTER 90

RYAN'S LAW


 

 

 

 

 

53)

Section

Added Chapter Numbers:

 

5-91

284 and 285

 

 

CHAPTER 91

INTERSTATE MEDICAL LICENSURE COMPACT


 

 

 

 

 

54)

Section

Added Chapter Numbers:

 

5-91-1

284 and 285

 

 

5-91-1. Purpose.

     In order to strengthen access to health care, and in recognition of the advances in the

delivery of health care, the member states of the Interstate Medical Licensure Compact have allied

in common purpose to develop a comprehensive process that complements the existing licensing

and regulatory authority of state medical boards, provides a streamlined process that allows

physicians to become licensed in multiple states, thereby enhancing the portability of a medical

license and ensuring the safety of patients. The compact creates another pathway for licensure and

does not otherwise change a state’s existing medical practice act. The compact also adopts the

prevailing standard for licensure and affirms that the practice of medicine occurs where the patient

is located at the time of the physician-patient encounter, and therefore, requires the physician to be

under the jurisdiction of the state medical board where the patient is located. State medical boards

that participate in the compact retain the jurisdiction to impose an adverse action against a license

to practice medicine in that state issued to a physician through the procedures in the compact.


 

 

 

 

 

 

 

 

 

 

 

 

 

55)

Section

Added Chapter Numbers:

 

5-91-2

284 and 285

 

 

5-91-2. Definitions.

     The terms contained in this chapter shall have the following meanings:

     (1) “Bylaws” means those bylaws established by the interstate commission pursuant to §5-

91-11.

     (2) “Commissioner” means the voting representative appointed by each member board

pursuant to § 5-91-11.

     (3) “Conviction” means a finding by a court that an individual is guilty of a criminal offense

through adjudication, or entry of a plea of guilt or no contest to the charge by the offender. Evidence

of an entry of a conviction of a criminal offense by the court shall be considered final for purposes

of disciplinary action by a member board.

     (4) “Expedited license” means a full and unrestricted medical license granted by a member

state to an eligible physician through the process set forth in the compact.

     (5) “Interstate commission” means the interstate commission created pursuant to §5-91-11.

     (6) “License” means authorization by a member state for a physician to engage in the

practice of medicine, which would be unlawful without authorization.

     (7) “Medical practice act” means laws and regulations governing the practice of allopathic

and osteopathic medicine within a member state.

     (8) “Member board” means a state agency in a member state that acts in the sovereign

interests of the state by protecting the public through licensure, regulation, and education of

physicians as directed by the state government.

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

     (10) “Practice of medicine” means that clinical prevention, diagnosis, or treatment of

human disease, injury, or condition requiring a physician to obtain and maintain a license in

compliance with the medical practice act of a member state.

     (11) “Physician” means any person who:

     (i) Is a graduate of a medical school accredited by the Liaison Committee on Medical

Education, the Commission on Osteopathic College Accreditation, or a medical school listed in the

International Medical Education Directory or its equivalent;

     (ii) Passed each component of the United State Medical Licensing Examination (USMLE)

or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) within three

(3) attempts, or any of its predecessor examinations accepted by a state medical board as an

equivalent examination for licensure purposes;

     (iii) Successfully completed graduate medical education approved by the Accreditation

Council for Graduate Medical Education or the American Osteopathic Association;

     (iv) Holds specialty certification or a time-unlimited specialty certificate recognized by the

American Board of Medical Specialties or the American Osteopathic Association’s Bureau of

Osteopathic Specialists;

     (v) Possesses a full and unrestricted license to engage in the practice of medicine issued by

a member board;

     (vi) Has never been convicted, received adjudication, deferred adjudication, community

supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

     (vii) Has never held a license authorizing the practice of medicine subjected to discipline

by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to

non-payment of fees related to a license;

     (viii) Has never had a controlled substance license or permit suspended or revoked by a

state or the United States Drug Enforcement Administration; and

     (ix) Is not under active investigation by a licensing agency or law enforcement authority in

any state, federal, or foreign jurisdiction.

     (12) “Offense” means a felony, gross misdemeanor, or crime of moral turpitude.

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

to § 5-91-12 of the compact that is of general applicability, implements, interprets, or prescribes a

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

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

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

     (14) “State” means any state, commonwealth, district, or territory of the United States.

     (15) “State of principal license” means a member state where a physician holds a license

to practice medicine and which has been designated as such by the physician for purposes of

registration and participation in the compact.


 

 

 

 

 

56)

Section

Added Chapter Numbers:

 

5-91-3

284 and 285

 

 

5-91-3. Eligibility.

     (a) A physician must meet the eligibility requirements as defined in § 5-91-2 to receive an

expedited license under the terms and provisions of the compact.

     (b) A physician who does not meet the requirements of § 5-91-2 may obtain a license to

practice medicine in a member state if the individual complies with all laws and requirements, other

than the compact, relating to the issuance of a license to practice medicine in that state.


 

 

 

 

57)

Section

Added Chapter Numbers:

 

5-91-4

284 and 285

 

 

5-91-4. Designation of state of principal license.

     (a) A physician shall designate a member state as the state of principal license for purposes

of registration for expedited licensure through the compact if the physician possesses a full and

unrestricted license to practice medicine in that state, and the state is:

     (1) The state of principal residence for the physician;

     (2) The state where at least twenty-five percent (25%) of the practice of medicine occurs;

or

     (3) The location of the physician’s employer; or

     (4) If no state qualifies under subsection (1), subsection (2), or subsection (3) of this

section, the state designated as state of residence for purpose of federal income tax.

     (b) A physician may redesignate a member state as state of principal license at any time,

as long as the state meets the requirements of subsection (a) of this section.

     (c) The interstate commission is authorized to develop rules to facilitate redesignation of

another member state as the state of principal license.


 

 

 

 

 

 

 

 

 

 

58)

Section

Added Chapter Numbers:

 

5-91-5

284 and 285

 

 

5-91-5. Application and issuance of expedited licensure.

     (a) A physician seeking licensure through the compact shall file an application for an

expedited license with the member board of the state selected by the physician as the state of

principal license.

     (b) Upon receipt of an application for an expedited license, the member board within the

state selected as the state of principal license shall evaluate whether the physician is eligible for

expedited licensure and issue a letter of qualification, verifying or denying the physician’s

eligibility, to the interstate commission.

     (1) Static qualifications, which include verification of medical education, graduate medical

education, results of any medical or licensing examination, and other qualifications as determined

by the interstate commission through rule, shall not be subject to additional primary source

verification where already primary source verified by the state of principal license.

     (2) The member board within the state selected as the state of principal license shall, in the

course of verifying eligibility, perform a criminal background check of an applicant, including the

use of the results of fingerprint or other biometric data checks compliant with the requirements of

the Federal Bureau of Investigation, with the exception of federal employees who have suitability

determination in accordance with 5 C.F.R. §731.202.

     (3) Appeal on the determination of eligibility shall be made to the member state where the

application was filed and shall be subject to the law of that state.

     (c) Upon verification in subsection (b) of this section, physicians eligible for an expedited

license shall complete the registration process established by the interstate commission to receive

a license in a member state selected pursuant to subsection (a) of this section, including the payment

of any applicable fees.

     (d) After receiving verification of eligibility under subsection (b) of this section and any

fees under subsection (c) of this section, a member board shall issue an expedited license to the

physician.

     This license shall authorize the physician to practice medicine in the issuing state consistent

with the medical practice act and all applicable laws and regulations of the issuing member board

and member state.

     (e) An expedited license shall be valid for a period consistent with the licensure period in

the member state and in the same manner as required for other physicians holding a full and

unrestricted license within the member state.

     (f) An expedited license obtained through the compact shall be terminated if a physician

fails to maintain a license in the state of principal licensure for a non-disciplinary reason, without

redesignation of a new state of principal licensure.

     (g) The interstate commission is authorized to develop rules regarding the application

process, including payment of any applicable fees, and the issuance of an expedited license.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

59)

Section

Added Chapter Numbers:

 

5-91-6

284 and 285

 

 

5-91-6. Fees for expedited licensure.

     (a) A member state issuing an expedited license authorizing the practice of medicine in that

state may impose a fee for a license issued or renewed through the compact.

     (b) The interstate commission is authorized to develop rules regarding fees for expedited

licenses.


 

 

 

 

 

60)

Section

Added Chapter Numbers:

 

5-91-7

284 and 285

 

 

5-91-7. Renewal and continued participation.

     (a) A physician seeking to renew an expedited license granted in a member state shall

complete a renewal process with the interstate commission if the physician:

     (1) Maintains a full and unrestricted license in a state of principal license;

     (2) Has not been convicted, received adjudication, deferred adjudication, community

supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

     (3) Has not had a license authorizing the practice of medicine subject to discipline by a

licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to non-

payment of fees related to a license; and

     (4) Has not had a controlled substance license or permit suspended or revoked by a state

or the United States Drug Enforcement Administration.

     (b) Physicians shall comply with all continuing professional development or continuing

medical education requirements for renewal of a license issued by a member state.

     (c) The interstate commission shall collect any renewal fees charged for the renewal of a

license and distribute the fees to the applicable member board.

     (d) Upon receipt of any renewal fees collected in subsection (c) of this section, a member

board shall renew the physician’s license.

     (e) Physician information collected by the interstate commission during the renewal

process will be distributed to all member boards.

     (f) The interstate commission is authorized to develop rules to address renewal of licenses

obtained through the compact.


 

 

 

 

 

61)

Section

Added Chapter Numbers:

 

5-91-8

284 and 285

 

 

5-91-8. Coordinated information system.

     (a) The interstate commission shall establish a database of all physicians licensed, or who

have applied for licensure under § 5-91-5.

     (b) Notwithstanding any other provision of law, member boards shall report to the interstate

commission any public action or complaints against a licensed physician who has applied or

received an expedited license through the compact.

     (c) Member boards shall report disciplinary or investigatory information determined as

necessary and proper by rule of the interstate commission.

     (d) Member boards may report any non-public complaint, disciplinary, or investigatory

information not required by subsection (c) of this section to the interstate commission.

     (e) Member boards shall share complaint or disciplinary information about a physician

upon request of another member board.

     (f) All information provided to the interstate commission or distributed by member boards

shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.

     (g) The interstate commission is authorized to develop rules for mandated or discretionary

sharing of information by member boards.


 

 

 

 

 

62)

Section

Added Chapter Numbers:

 

5-91-9

284 and 285

 

 

5-91-9. Joint investigations.

     (a) Licensure and disciplinary records of physicians are deemed investigative.

     (b) In addition to the authority granted to a member board by its respective medical practice

act or other applicable state law, a member board may participate with other member boards in

joint investigations of physicians licensed by the member boards.

     (c) A subpoena issued by a member state shall be enforceable in other member states.

     (d) Member boards may share any investigative, litigation, or compliance materials in

furtherance of any joint or individual investigation initiated under the compact.

     (e) Any member state may investigate actual or alleged violations of the statutes

authorizing the practice of medicine in any other member state in which a physician holds a license

to practice medicine.


 

 

 

 

 

63)

Section

Added Chapter Numbers:

 

5-91-10

284 and 285

 

 

5-91-10. Disciplinary actions.

     (a) Any disciplinary action taken by any member board against a physician licensed

through the compact shall be deemed unprofessional conduct which may be subject to discipline

by other member boards, in addition to any violation of the medical practice act or regulations in

that state.

     (b) If a license granted to a physician by the member board in the state of principal license

is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued

to the physician by member boards shall automatically be placed, without further action necessary

by any member board, on the same status. If the member board in the state of principal license

subsequently reinstates the physician’s license, a license issued to the physician by any other

member board shall remain encumbered until that respective member board takes action to reinstate

the license in a manner consistent with the medical practice act of that state.

     (c) If disciplinary action is taken against a physician by a member board not in the state of

principal license, any other member board may deem the action conclusive as to matter of law and

fact decided, and:

     (1) Impose the same or lesser sanction(s) against the physician as long as such sanctions

are consistent with the medical practice act of that state; or

     (2) Pursue separate disciplinary action against the physician under its respective medical

practice act, regardless of the action taken in other member states.

     (d) If a license granted to a physician by a member board is revoked, surrendered or

relinquished in lieu of discipline, or suspended, then any license(s) issued to the physician by any

other member board(s) shall be suspended, automatically and immediately without further action

necessary by the other member board(s), for ninety (90) days upon entry of the order by the

disciplining board, to permit the member board(s) to investigate the basis for the action under the

medical practice act of that state. A member board may terminate the automatic suspension of the

license it issued prior to the completion of the ninety (90) day suspension period in a manner

consistent with the medical practice act of that state.


 

 

 

 

 

64)

Section

Added Chapter Numbers:

 

5-91-11

284 and 285

 

 

5-91-11. Interstate medical licensure compact commission.

     (a) The member states hereby create the “Interstate Medical Licensure Compact

Commission”.

     (b) The purpose of the interstate commission is the administration of the Interstate Medical

Licensure Compact, which is a discretionary state function.

     (c) The interstate commission shall be a body corporate and joint agency of the member

states and shall have all the responsibilities, powers, and duties set forth in the compact, and such

additional powers as may be conferred upon it by a subsequent concurrent action of the respective

legislatures of the member states in accordance with the terms of the compact.

     (d) The interstate commission shall consist of two (2) voting representatives appointed by

each member state who shall serve as commissioners. In states where allopathic and osteopathic

physicians are regulated by separate member boards, or if the licensing and disciplinary authority

is split between separate member boards, or if the licensing and disciplinary authority is split

between multiple member boards within a member state, the member state shall appoint one

representative from each member board. A commissioner shall be an:

     (1) Allopathic or osteopathic physician appointed to a member board;

     (2) Executive director, executive secretary, or similar executive of a member board; or

     (3) Member of the public appointed to a member board.

     (e) The interstate commission shall meet at least once each calendar year.

     A portion of this meeting shall be a business meeting to address such matters as may

properly come before the commission, including the election of officers. The chairperson may call

additional meetings and shall call for a meeting upon the request of a majority of the member states.

     (f) The bylaws may provide for meetings of the interstate commission to be conducted by

telecommunication or electronic communication.

     (g) Each commissioner participating at a meeting of the interstate commission is entitled

to one vote. A majority of commissioners shall constitute a quorum for the transaction of business,

unless a larger quorum is required by the bylaws of the interstate commission. A commissioner

shall not delegate a vote to another commissioner. In the absence of its commissioner, a member

state may delegate voting authority for a specified meeting to another person from that state who

shall meet the requirements of subsection (d) of this section.

     (h) The interstate commission shall provide public notice of all meetings and all meetings

shall be open to the public. The interstate commission may close a meeting, in full or in portion,

where it determines by a two-thirds (2/3) vote of the commissioners present that an open meeting

would be likely to:

     (1) Relate solely to the internal personnel practice and procedures of the interstate

commission;

     (2) Discuss matters specifically exempted from disclosure by federal statute;

     (3) Discuss trade secrets, commercial, or financial information that is privileged or

confidential;

     (4) Involve accusing a person of a crime or formally censuring a person;

     (5) Discuss information of a personal nature where disclosure would constitute a clearly

unwarranted invasion of personal privacy;

     (6) Discuss investigative records compiled for law enforcement purposes; or

     (7) Specifically relate to the participation in a civil action or other legal proceeding.

     (i) The interstate commission shall keep minutes which shall fully describe all matters

discussed in a meeting and shall provide a full and accurate summary of actions taken, including

record of any roll call votes.

     (j) The interstate commission shall make its information and official records, to the extent

not otherwise designated in the compact or by its rules, available to the public for inspection.

     (k) The interstate commission shall establish an executive committee, which shall include

officers, members, and others as determined by the bylaws. The executive committee shall have

the power to act on behalf of the interstate commission, with the exception of rulemaking, during

periods when the interstate commission is not in session. When acting on behalf of the interstate

commission, the executive committee shall oversee the administration of the compact including

enforcement and compliance with the provisions of the compact, its bylaws and rules, and other

such duties as necessary.

     (l) The interstate commission shall establish other committees for governance and

administration of the compact.


 

 

 

 

65)

Section

Added Chapter Numbers:

 

5-91-12

284 and 285

 

 

5-91-12. Powers and duties of the interstate commission.

     The interstate commission shall have the following powers and duties:

     (1) Oversee and maintain the administration of the compact;

     (2) Promulgate rules which shall be binding to the extent and in the manner provided for

in the compact;

     (3) Issue, upon the request of a member state or member board, advisory opinions

concerning the meaning or interpretation of the compact, its bylaws, rules, and actions;

     (4) Enforce compliance with compact provisions, the rules promulgated by the interstate

commission, and the bylaws, using all necessary and proper means, including, but not limited to,

the use of judicial process;

     (5) Establish and appoint committees including, but not limited to, an executive committee

as required by § 5-91-11, which shall have the power to act on behalf of the interstate commission

in carrying out its powers and duties;

     (6) Pay, or provide for the payment of the expenses related to the establishment,

organization, and ongoing activities of the interstate commission;

     (7) Establish and maintain one or more offices;

     (8) Borrow, accept, hire, or contract for services of personnel;

     (9) Purchase and maintain insurance and bonds;

     (10) Employ an executive director who shall have such powers to employ, select or appoint

employees, agents, or consultants, and to determine their qualifications, define their duties, and fix

their compensation;

     (11) Establish personnel policies and programs relating to conflicts of interest, rates of

compensation, and qualifications of personnel;

     (12) Accept donations and grants of money, equipment, supplies, materials, and services

and to receive, utilize, and dispose of it in a manner consistent with the conflict of interest policies

established by the interstate commission;

     (13) Lease, purchase, accept contributions or donations of, or otherwise to own, hold,

improve or use, any property, real, personal, or mixed;

     (14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any

property, real, personal, or mixed;

     (15) Establish a budget and make expenditures;

     (16) Adopt a seal and bylaws governing the management and operation of the interstate

commission;

     (17) Report annually to the legislatures and governors of the member states concerning the

activities of the interstate commission during the preceding year. Such reports shall also include

reports of financial audits and any recommendations that may have been adopted by the interstate

commission;

     (18) Coordinate education, training, and public awareness regarding the compact, its

implementation, and its operation;

     (19) Maintain records in accordance with the bylaws;

     (20) Seek and obtain trademarks, copyrights, and patents; and

     (21) Perform such functions as may be necessary or appropriate to achieve the purpose of

the compact.


 

 

 

 

 

66)

Section

Added Chapter Numbers:

 

5-91-13

284 and 285

 

 

5-91-13. Finance powers.

     (a) The interstate commission may levy on and collect an annual assessment from each

member state to cover the cost of the operations and activities of the interstate commission and its

staff. The total assessment must be sufficient to cover the annual budget approved each year for

which revenue is not provided by other sources. The aggregate annual assessment amount shall be

allocated upon a formula to be determined by the interstate commission, which shall promulgate a

rule binding upon all member states.

     (b) The interstate commission shall not incur obligations of any kind prior to securing the

funds adequate to meet the same.

     (c) The interstate commission shall not pledge the credit of any of the member states, except

by, and with the authority of, the member state.

     (d) The interstate commission shall be subject to a yearly financial audit conducted by a

certified or licensed accountant and the report of the audit shall be included in the annual report of

the interstate commission.


 

 

 

 

 

 

 

 

 

 

 

67)

Section

Added Chapter Numbers:

 

5-91-14

284 and 285

 

 

5-91-14. Organization and operation of the interstate commission.

     (a) The interstate commission shall, by a majority of commissioners present and voting,

adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of

the compact within twelve (12) months of the first interstate commission meeting.

     (b) The interstate commission shall elect or appoint annually from among its

commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such

authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson’s

absence or disability, the vice-chairperson, shall preside at all meetings of the interstate

commission.

     (c) Officers selected in subsection (b) of this section shall serve without remuneration for

the interstate commission.

     (d) The officers and employees of the interstate commission shall be immune from suit and

liability, either personally or in their official capacity, for a claim for damage to or loss of property

or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged

act, error, or omission that occurred, or that such person had a reasonable basis for believing

occurred, within the scope of interstate commission employment, duties, or responsibilities;

provided that such person shall not be protected from suit or liability for damage, loss, injury, or

liability caused by the intentional or willful and wanton misconduct of such person.

     (e) The liability of the executive director and employees of the interstate commission or

representatives of the interstate commission, acting within the scope of such person’s employment

or duties for acts, errors, or omissions occurring within such person’s state, may not exceed the

limits of liability set forth under the constitution and laws of that state for state officials, employees,

and agents. The interstate commission is considered to be an instrumentality of the states for the

purpose of any such action. Nothing in this subsection shall be construed to protect such person

from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and

wanton misconduct of such person.

     (f) The interstate commission shall defend the executive director, its employees, and

subject to the approval of the attorney general or other appropriate legal counsel of the member

state represented by an interstate commission representative, defend such interstate commission

representative in any civil action seeking to impose liability arising out of an actual or alleged act,

error or omission that occurred within the scope of interstate commission employment, duties or

responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope

of interstate commission employment, duties, or responsibilities, provided that the actual or alleged

act, error, or omission did not result from intentional or willful and wanton misconduct on the part

of such person.

     (g) To the extent not covered by the state involved, member state, or the interstate

commission, the representatives or employees of the interstate commission shall be held harmless

in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against

such persons arising out of an actual or alleged act, error, or omission that occurred within the scope

of the interstate commission employment, duties, or responsibilities, or that such persons had a

reasonable basis for believing occurred within the scope of interstate commission employment,

duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result

from intentional or willful and wanton misconduct on the part of such person.


 

 

 

 

 

 

 

68)

Section

Added Chapter Numbers:

 

5-91-15

284 and 285

 

 

5-91-15. Rulemaking functions of the interstate commission.

     (a) The interstate commission shall promulgate reasonable rules in order to effectively and

efficiently achieve the purpose of the compact. Notwithstanding the foregoing, in the event the

interstate commission exercises its rulemaking authority in a manner that is beyond the scope of

the purposes of the compact, or the powers granted hereunder, then such an action by the interstate

commission shall be invalid and have no force or effect.

     (b) Rules deemed appropriate for the operations of the interstate commission shall be made

pursuant to a rulemaking process that substantially conforms to the “Model State Administrative

Procedure Act” of 2010, and subsequent amendments thereto.

     (c) Not later than thirty (30) days after a rule is promulgated, any person may file a petition

for judicial review of the rule in the United States District Court for the District of Columbia or the

federal district where the interstate commission has its principal offices, provided that the filing of

such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court

finds that the petitioner has a substantial likelihood of success. The court shall give deference to

the actions of the interstate commission consistent with applicable law and shall not find the rule

to be unlawful if the rule represents a reasonable exercise of the authority granted to the interstate

commission.


 

 

 

 

69)

Section

Added Chapter Numbers:

 

5-91-16

284 and 285

 

 

5-91-16. Oversight of interstate compact.

     (a) The executive, legislative, and judicial branches of state government in each member

state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the

compact’s purposes and intent. The provisions of the compact and the rules promulgated hereunder

shall have standing as statutory law but shall not override existing state authority to regulate the

practice of medicine.

     (b) All courts shall take judicial notice of the compact and the rules in any judicial or

administrative proceeding in a member state pertaining to the subject matter of the compact which

may affect the powers, responsibilities or actions of the interstate commission.

     (c) The interstate commission shall be entitled to receive all services of process in any such

proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to

provide service of process to the interstate commission shall render a judgment or order void as to

the interstate commission, the compact, or promulgated rules.


 

 

 

 

70)

Section

Added Chapter Numbers:

 

5-91-17

284 and 285

 

 

5-91-17. Enforcement of interstate compact.

     (a) The interstate commission, in the reasonable exercise of its discretion, shall enforce the

provisions and rules of the compact.

     (b) The interstate commission may, by majority vote of the commissioners, initiate legal

action in the United States Court for the District of Columbia, or, at the discretion of the interstate

commission, in the federal district where the interstate commission has its principal offices, to

enforce compliance with the provisions of the compact, and its promulgated rules and bylaws,

against a member state in default. The relief sought may include both injunctive relief and damages.

In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of

such litigation including reasonable attorney’s fees.

     (c) The remedies herein shall not be the exclusive remedies of the interstate commission.

The interstate commission may avail itself of any other remedies available under state law or

regulation of a profession.


 

 

 

 

 

71)

Section

Added Chapter Numbers:

 

5-91-18

284 and 285

 

 

5-91-18. Default procedures.

     (a) The grounds for default include, but are not limited to, failure of a member state to

perform such obligations or responsibilities imposed upon it by the compact, or the rules and

bylaws of the interstate commission promulgated under the compact.

     (b) If the interstate commission determines that a member state has defaulted in the

performance of its obligations or responsibilities under the compact, or the bylaws or promulgated

rules, the interstate commission shall:

     (1) Provide written notice to the defaulting state and other member states, of the nature of

the default, the means of curing the default, and any action taken by the interstate commission. The

interstate commission shall specify the conditions by which the defaulting state must cure its

default; and

     (2) Provide remedial training and specific technical assistance regarding the default.

     (c) If the defaulting state fails to cure the default, the defaulting state shall be terminated

from the compact upon an affirmative vote of a majority of the commissioners and all rights,

privileges, and benefits conferred by the compact shall terminate on the effective date of

termination. A cure of the default does not relieve the offending state of obligations or liabilities

incurred during the period of the default.

     (d) Termination of membership in the compact shall be imposed only after all other means

of securing compliance have been exhausted. Notice of intent to terminate shall be given by the

interstate commission to the governor, the majority and minority leaders of the defaulting state’s

legislature, and each of the member states.

     (e) The interstate commission shall establish rules and procedures to address licenses and

physicians that are materially impacted by the termination of a member state, or the withdrawal of

a member state.

     (f) The member state which has been terminated is responsible for all dues, obligations,

and liabilities incurred through the effective date of termination including obligations, the

performance of which extends beyond the effective date of termination.

     (g) The interstate commission shall not bear any costs relating to any state that has been

found to be in default or which has been terminated from the compact, unless otherwise mutually

agreed upon in writing between the interstate commission and the defaulting state.

     (h) The defaulting state may appeal the action of the interstate commission by petitioning

the United States District Court for the District of Columbia or the federal district where the

interstate commission has its principal offices. The prevailing party shall be awarded all costs of

such litigation including reasonable attorney’s fees.


 

 

 

 

 

72)

Section

Added Chapter Numbers:

 

5-91-19

284 and 285

 

 

5-91-19. Dispute resolution.

     (a) The interstate commission shall attempt, upon the request of a member state, to resolve

disputes which are subject to the compact and which may arise among member states or member

boards.

     (b) The interstate commission shall promulgate rules providing for both mediation and

binding dispute resolution as appropriate.


 

 

 

 

 

73)

Section

Added Chapter Numbers:

 

5-91-20

284 and 285

 

 

5-91-20. Member states - Effective date - Amendment.

     (a) Any state is eligible to become a member of the compact.

     (b) The compact shall become effective and binding upon legislative enactment of the

compact into law by no less than seven (7) states. Thereafter, it shall become effective and binding

on a state upon enactment of the compact into law by that state.

     (c) The governors of non-member states, or their designees, shall be invited to participate

in the activities of the interstate commission on a non-voting basis prior to adoption of the compact

by all states.

     (d) The interstate commission may propose amendments to the compact for enactment by

the member states. No amendment shall become effective and binding upon the interstate

commission and the member states unless and until it is enacted into law by unanimous consent of

the member states.


 

 

 

 

 

74)

Section

Added Chapter Numbers:

 

5-91-21

284 and 285

 

 

5-91-21. Withdrawal.

     (a) Once effective, the compact shall continue in force and remain binding upon each and

every member state; provided that a member state may withdraw from the compact by specifically

repealing the statute which enacted the compact into law.

     (b) Withdrawal from the compact shall be by the enactment of a statute repealing the same,

but shall not take effect until one year after the effective date of such statute and until written notice

of the withdrawal has been given by the withdrawing state to the governor of each other member

state.

     (c) The withdrawing state shall immediately notify the chairperson of the interstate

commission in writing upon the introduction of legislation repealing the compact in the

withdrawing state.

     (d) The interstate commission shall notify the other member states of the withdrawing

state’s intent to withdraw within sixty (60) days of its receipt of notice provided under subsection

(c) of this section.

     (e) The withdrawing state is responsible for all dues, obligations and liabilities incurred

through the effective date of withdrawal, including obligations, the performance of which extend

beyond the effective date of withdrawal.

     (f) Reinstatement following withdrawal of a member state shall occur upon the

withdrawing state reenacting the compact or upon such later date as determined by the interstate

commission.

     (g) The interstate commission is authorized to develop rules to address the impact of the

withdrawal of a member state on licenses granted in other member states to physicians who

designated the withdrawing member state as the state of principal license.


 

 

 

 

 

75)

Section

Added Chapter Numbers:

 

5-91-22

284 and 285

 

 

5-91-22. Dissolution.

     (a) The compact shall dissolve effective upon the date of the withdrawal or default of the

member state which reduces the membership of the compact to one member state.

     (b) Upon the dissolution of the compact, the compact becomes null and void and shall be

of no further force or effect, and the business and affairs of the interstate commission shall be

concluded, and surplus funds shall be distributed in accordance with the bylaws.


 

 

 

 

 

76)

Section

Added Chapter Numbers:

 

5-91-23

284 and 285

 

 

5-91-23. Severability and construction.

     (a) The provisions of the compact shall be severable, and if any phrase, clause, sentence,

or provision is deemed unenforceable, the remaining provisions of the compact shall be

enforceable.

     (b) The provisions of the compact shall be liberally construed to effectuate its purposes.

     (c) Nothing in the compact shall be construed to prohibit the applicability of other interstate

compacts to which the member states are members.


 

 

 

 

77)

Section

Added Chapter Numbers:

 

5-91-24

284 and 285

 

 

5-91-24. Binding effect of compact and other laws.

     (a) Nothing herein prevents the enforcement of any other law of a member state that is not

inconsistent with the compact.

     (b) All laws in a member state in conflict with the compact are superseded to the extent of

the conflict.

     (c) All lawful actions of the interstate commission, including all rules and bylaws

promulgated by the commission, are binding upon the member states.

     (d) All agreements between the interstate commission and the member states are binding

in accordance with their terms.

     (e) In the event any provision of the compact exceeds the constitutional limits imposed on

the legislature of any member state, such provision shall be ineffective to the extent of the conflict

with the constitutional provision in question in that member state.


 

 

 

 

78)

Section

Added Chapter Numbers:

 

5-91-25

284 and 285

 

 

5-91-25. Sunset of chapter.

     This chapter 91 of title 5 shall sunset and expire on July 1, 2025.


 

 

 

 

79)

Section

Added Chapter Numbers:

 

5-92

301 and 302

 

 

CHAPTER 92

GENETIC COUNSELORS LICENSING ACT


 

 

 

 

80)

Section

Added Chapter Numbers:

 

5-92-1

301 and 302

 

 

5-92-1. Short title.

     This chapter shall be known and may be cited as the "Genetic Counselors Licensing Act".


 

 

 

 

81)

Section

Added Chapter Numbers:

 

5-92-2

301 and 302

 

 

5-92-2. Statement of policy.

     The state of Rhode Island has an interest in regulating the practice of genetic counseling

and in licensing genetic counselors in order to protect the public health, safety, and welfare.


 

 

 

 

 

 

 

 

82)

Section

Amended Chapter Numbers:

 

5-92-3

301 and 302

 

 

5-92-3. Definitions.

     As used in this chapter, the following words, shall, unless the context requires otherwise,

have the following meanings:

     (1) "ABGC" means the American Board of Genetic Counseling, a national agency for

certification and recertification of genetic counselors or its successor agency.

     (2) "ABMG" means the American Board of Medical Genetics, a national agency for

certification and recertification of genetic counselors, MD and DO geneticists and Ph.D. geneticists

or its successor agency.

     (3) "ACGC" means the Accreditation Council for Genetic Counseling (ACGC), an

accreditation board for genetic counselor training programs or its successor agency.

     (4) "Department" means the department of health.

     (5) "Licensed genetic counselor" means a person licensed under this chapter to engage in

the practice of genetic counseling.

     (6) "Person" means an individual and does not mean an association of individuals or a legal

entity.

     (7) "Practice of genetic counseling" means a communication process, conducted by one or

more appropriately trained individuals that may include:

     (i) Obtaining and evaluating individual, family, and medical histories to determine genetic

risk for genetic/medical conditions and diseases in a patient, his/her the patient’s offspring, and

other family members;

     (ii) Discussing the features, natural history, means of diagnosis, genetic and environmental

factors, and management of risk for genetic/medical conditions and diseases;

     (iii) Identifying, ordering, and coordinating genetic laboratory tests as appropriate for the

genetic assessment;

     (iv) Integratic Integrating genetic laboratory test results and other diagnostic studies with

personal and family medical history to assess and communicate risk factors for genetic/medical

conditions and diseases;

     (v) Explaining the clinical implications of genetic laboratory tests and other diagnostic

studies and their results;

     (vi) Evaluating the client's or family's responses to the condition or risk of recurrence and

provide providing client-centered counseling and anticipatory guidance;

     (vii) Identifying and utilizing community resources that provide medical, educational,

financial, and psychosocial support and advocacy;

     (viii) Providing written documentation of medical, genetic, and counseling information for

families and health care healthcare professionals; and

     (ix) When necessary, referring patients to a physician for diagnosis and treatment.

     (8) "Provisional licensed genetic counselor" means a person with a provisional license

issued under § 5-91-7.


 

 

 

 

 

 

 

 

 

 

83)

Section

Added Chapter Numbers:

 

5-92-4

301 and 302

 

 

5-92-4. Genetic counselor license required.

     Effective July 1, 2023, a license shall be required to engage in the practice of genetic

counseling. No person shall hold themselves out as a genetic counselor unless they are licensed in

accordance with the provisions of this chapter. No person who is not so licensed may use in

connection with their name or place of business the title genetic counselor, licensed genetic

counselor, gene counselor, genetic consultant, genetic associate, or any words, letters,

abbreviations, or insignia indicating or implying that a person holds a genetic counselor license

unless such the person holds a genetic counselor license.


 

 

 

84)

Section

Added Chapter Numbers:

 

5-92-5

301 and 302

 

 

5-92-5. Powers and duties of department regarding licensing of genetic

counselors.

     For the purposes of conducting its responsibilities under this chapter, the department shall

have the following powers and duties:

     (1) To engage persons of established reputation and known ability in genetic counseling as

consultants to the department; the Rhode Island or New England chapter or affiliate of the National

Society of Genetic Counselors, if existing, or their successors or equivalent, is designated as the

appropriate body with which the department shall consult for referral of consultants and other

assistance to the department;

     (2) To promulgate regulations and adopt such rules as are necessary to regulate genetic

counselors;

     (3) To receive, review, approve, or disapprove applications for licensing, renewal, and

reinstatement and to issue those licenses;

     (4) To establish administrative procedures for processing applications for licenses and

license renewals and to hire or appoint such agents as are appropriate for processing applications

for licenses and license renewals;

     (5) To retain records of its actions and proceedings in accordance with public records laws;

     (6) To define, by regulation, the appropriate standards for education and experience

necessary to qualify for licensing, including, but not limited to, continuing professional education

requirements for licensed genetic counselors and provisional licensed genetic counselors, which

shall be consistent with those of the American Board of Genetic Counseling, or its successor, and

for the conduct and ethics which that shall govern the practice of genetic counseling;

     (7) To establish standards of supervision for students or persons in training to become

qualified to obtain a license in the occupation or profession it represents;

     (8) To conduct hearings upon charges calling for the discipline of a licensed genetic

counselor or for revocation of a license pursuant to § 5-91-9 5-92-9. The department has the power

to issue subpoenas and compel the attendance of witnesses and administer oaths to persons giving

testimony at hearings. The department shall cause the prosecution of all persons violating this

chapter and has the power to incur the necessary expenses for the prosecution;

     (9) To summarily suspend the license of a licensee who poses an imminent danger to the

public, but a hearing shall be afforded to the licensee within seven (7) days of an action by the

department to determine whether such summary action is warranted;

     (10) To recover the actual costs and fees, including attorneys' fees, incurred by the

department in the investigation and prosecution of a licensee upon the finding of a violation of this

chapter or a rule adopted or an order issued by the department under this chapter;

     (11) To take such action as may be necessary to enforce the provisions of this chapter and

to regulate the practice of genetic counseling;

     (12) To impose a civil penalty not to exceed one thousand dollars ($1,000) for each

violation by a licensee of this chapter or of rules adopted by the department; and

     (13) To perform such other functions and duties as may be required to carry out this

chapter.


 

 

 

85)

Section

Added Chapter Numbers:

 

5-92-6

301 and 302

 

 

5-92-6. Genetic counselors; License applications; Fee; Educational and

professional requirements.

     An application for an original license or license renewal shall be made on forms approved

by the department. The initial fee for application for licensure is one hundred seventy dollars

($170). Licenses shall be renewed every twenty-four (24) months after initial licensure upon

payment of a fee of one hundred seventy dollars ($170) and in compliance with any additional

requirements that the department promulgates. An applicant for an original license shall:

     (1) Meet educational experience qualifications as follows:

     (i) Successfully completed a genetic counseling education program approved by the

department; provided, however, that the program shall meet the educational standards established

by the ACGC or its successor; and provided, further, that the genetic counselor remains certified in

accordance with the ABGC or ABMG, or their successors; or

     (ii) Earned a master's degree from a genetic counseling training program that is accredited

by the ACGC or an equivalent as determined by the ACGC, or a doctoral degree from a medical

genetics training program that is accredited by the ABMG or an equivalent as determined by the

ABMG.

     (2) Have passed the examination for certification as:

     (i) A genetic counselor by the American Board of Genetic Counseling or the American

Board of Medical Genetics, or successor or equivalent; or

     (ii) A medical geneticist by the American Board of Medical Genetics, or successor or

equivalent.

     (3) Within six (6) months after licensure applications being available, an applicant for a

license as a genetic counselor may, in lieu of the requirements set forth in subsection (2) of this

section, submit evidence satisfactory to the department, prior to the date of passage of this chapter,

of the following:

     (i) Acquisition of eight (8) years of experience in the practice of genetic counseling;

     (ii) Award, from an accredited institution of higher education, of a master's or doctoral

degree in genetics or a related field; and

     (iii) Attendance at a continuing education program approved by the National Society of

Genetic Counselors within the five-(5) year (5) period prior to the date of application.


 

 

 

 

86)

Section

Added Chapter Numbers:

 

5-92-7

301 and 302

 

 

5-92-7. Practice as provisional licensed genetic counselor; Expiration;

Extension; Supervision by professional licensed genetic counselor.

     (a) A person who meets the qualifications for licensure except for the requirement in § 5-

91-6(2) may practice as a provisional licensed genetic counselor upon filing an approved

application with the department and payment of a fee of eighty-five dollars ($85.00). Such The

license shall be valid for one year from the date of its issue and may be renewed for an additional

one year if an applicant fails the ABGC or ABMG certification exam. Such The provisional license

shall expire automatically upon the earliest of the following:

     (1) Issuance of a full license;

     (2) Thirty (30) days after the applicant fails to pass the complete examination on the last

permitted attempt as provided by the ABGC or ABMG, or their successors; or

     (3) The date printed on the temporary license.

     (b) An application for extension shall be signed by a supervising licensed genetic

counselor.

     (c) A provisional licensed genetic counselor shall be under the general supervision of a

licensed genetic counselor or a licensed physician at all times during which the provisional licensed

genetic counselor performs clinical genetic counseling.

     (d) The department shall adopt rules governing such supervision and direction which may

not require the immediate physical presence of the supervising licensed genetic counselor.


 

 

 

87)

Section

Added Chapter Numbers:

 

5-92-8

301 and 302

 

 

5-92-8. Exceptions.

     (a) Nothing in this section shall be construed to prevent or restrict the practice, service, or

activities of:

     (1) Any person licensed, certified, or registered in the state, by any other statute other than

as a genetic counselor, from engaging in activities within the scope of practice of the profession or

occupation for which he or she the person is licensed provided that he or she the person does not

represent to the public, directly or indirectly, that he or she the person is licensed under this chapter,

and that he or she the person does not use any name, title, or designation indicating that the person

is licensed under this chapter;

     (2) Any person employed as a genetic counselor by the federal government or an agency

thereof if such the person provides genetic counseling services solely under the direction and

control of the organization by which such person is employed;

     (3) A student or intern enrolled in an ACGC approved genetic counseling education

program if genetic counseling services performed by the student are an integral part of the student's

course of study and are performed under the direct supervision of a licensed genetic counselor

assigned to supervise the student and who is on duty and available in the assigned patient care area

and if the person is designated by a title which that clearly indicates his or her status as a student

or intern;

     (4) An individual trained as a Ph.D. or medical geneticist who is reapplying for the ABMG

certification examination and is gathering logbook cases under a supervisor identified in the

training program’s ABMG accreditation documents as a member of the training faculty; and

     (5) An out-of-state genetic counselor from working as a consultant, or out-of-state

employer or other organization from employing genetic counselors providing occasional services,

who are not licensed pursuant to this chapter, from engaging in the practice of genetic counseling,

subject to the stated circumstances and limitations as defined by the department, by regulation,

provided that the genetic counselor holds a license, if available, in the genetic counselor’s state of

employment. If licensure is not available in the genetic counselor’s state of employment, the genetic

counselor shall be certified by the American Board of Genetic Counseling or the American Board

of Medical Genetics, or their successors, in order to practice genetic counseling without a state

license in accordance with this section.


 

 

 

 

88)

Section

Added Chapter Numbers:

 

5-92-9

301 and 302

 

 

5-92-9. Grounds for denial; Refusal to renew; Revocation; Suspension or

cancellation of genetic counselor license.

     The department may deny or refuse to renew a license or, after a hearing, revoke, suspend,

or cancel the license or place on probation, reprimand, censure, or otherwise discipline a licensee

upon proof satisfactory to the department that the person has:

     (1) Obtained or attempted to obtain a license by fraud or deception;

     (2) Been convicted of an offense warranting disqualification in accordance with the

standards and procedures established in § 28-5.1-14;

     (3) Been adjudged mentally ill or incompetent by a court of competent jurisdiction;

     (4) Used illicit drugs or intoxicating liquors to the an extent which adversely affects his or

her practice;

     (5) Engaged in unethical or unprofessional conduct including, but not limited to, willful

acts, negligence, or incompetence in the course of professional practice;

     (6) Violated any lawful order, rule, or regulation rendered or adopted by the department;

or

     (7) Been refused issuance or been disciplined in connection with a license issued by any

other state or country.


 

 

 

 

89)

Section

Added Chapter Numbers:

 

5-92-10

301 and 302

 

 

5-92-10. Privileged communications.

     The provisions of § 9-17-24 shall apply to persons licensed pursuant to this chapter.


 

 

 

 

90)

Section

Added Chapter Numbers:

 

5-92-11

301 and 302

 

 

5-92-11. Certain acts prohibited.

     It shall be unlawful and a misdemeanor for any person to engage in any of the following

acts:

     (1) To practice genetic counseling or to represent themselves to be a licensed genetic

counselor as defined in this chapter without having at the time of so doing, a valid license issued

under this chapter; or

     (2) To use in connection with their name or place of business, the title genetic counselor,

or any words indicating or implying that the person holds a genetic counselor license unless they

are licensed in accordance with this chapter.


 

 

 

 

91)

Section

Amended Chapter Numbers:

 

6-1-1

237 and 238

 

 

6-1-1. Filing of business name required.

     No person or persons shall carry on or conduct or transact business in this state under any

assumed name, or under any designation, name, or style, corporate or otherwise, other than the real

name or names of the individual or individuals conducting or transacting business, unless the person

or persons shall file, in person, by mail, or electronically with the office of the town or city clerk in

the town or city in which the person or persons conduct or transact, or intend to conduct or transact,

business, a certificate stating the name under which the business is, or is to be, conducted or

transacted, and the true or real full name or names, both the first name and surname, of the person

or persons conducting or transacting the business, with the post office address or addresses of the

person or persons. The certificate shall be executed and sworn to by the person or persons so

conducting or intending to conduct the business, before some person authorized to administer oaths,

and the email address of the person or persons.


 

 

 

 

92)

Section

Amended Chapter Numbers:

 

6-11.1-4

382 and 383

 

 

6-11.1-4. Record of transactions required -- Reports to police.

     (a) Every Except as provided in subsection (e) of this section, every person licensed under

this chapter shall keep a copy of the report form obtained from or under the direction of the attorney

general, containing a comprehensive record of all transactions concerning precious metals

including catalytic converters. The comprehensive record shall be hand printed legibly or typed.

The record shall include the date and hour of the transaction; the name, address, telephone number

and date of birth of the seller, as well as a photocopy or digital image of a seller's photo

identification; the seller's signature,; and; a complete and accurate description of the property

purchased or sold including any serial numbers or other identifying marks or symbols; and the date

and hour of the transaction.

     (b) For any transacted catalytic converter, the record shall include either the vehicle

registration or the vehicle identification number for the vehicle from which it was removed and the

license plate number, state of issue, make, and model of the vehicle used to deliver the property to

the licensee.

     (b)(c) All persons licensed under this chapter shall deliver or mail weekly to the chief of

police of the city or town in which the business is located and electronically submit to the attorney

general, in a manner specified by the attorney general, all report forms from the preceding seven-

day (7) period.

     (c)(d) Every person licensed under this chapter shall retain a copy of the report form for a

period of one year from the date of the sale stated on the form. These records are to be made

available for inspection by any law enforcement agency requesting to review them. Licensees or

secondary metals recyclers are prohibited from releasing a supplier's information without their

consent, unless the disclosure is made in response to a request from a law enforcement agency.

     (e) The requirements set forth in subsection (b) of this section shall not apply to business-

to-business transactions. For purposes of this section, "business-to-business transactions" means a

purchase of precious metals from a person or entity that is in the business of generating precious

metals from its normal operation or is duly engaged in the business of purchasing, selling, bartering,

or dealing in automotive salvage, precious metals, or second hand secondhand articles.

     (f) Any violation of these provisions shall be subject to the penalties set forth in § 6-11.1-

7.


 

 

 

 

93)

Section

Amended Chapter Numbers:

 

6-13.1-29

344 and 345

 

 

6-13.1-29. Furnishing of credit reports.

     No credit bureau doing business in this state shall use all or part of a consumer's social

security number as the sole factor when determining whether a credit report in its files matches the

identity of a person who is the subject of a credit inquiry from a user of credit reports. When a

social security number is used as a factor, a credit bureau may disclose a credit report in its files to

an inquiring user of credit reports only if the name and, at a minimum, at least one other identifier

such as address; prior address; date of birth; mother's maiden name; place of employment; or prior

place of employment; also match matches the identity of the person who is the subject of the

inquiry.


 

 

 

 

94)

Section

Amended Chapter Numbers:

 

6-26.1-1

75 and 76

 

 

6-26.1-1. Definitions.

     For purposes of this chapter, the following definitions shall apply:

     (1) "ACH", also known as the Automated Clearing House Network, means the electronic

funds-transfer system comprised of a network of associated institutions that process computer-

based electronic financial transactions between originating and receiving depository financial

institutions. ACH in the United States is governed by NACHA, the former National Automated

Clearing House Association.

     (1)(2) "Credit card device" includes any means of making a credit card transaction

available to a borrower pursuant to a credit card plan, including, but not limited to, a card, draft or

check, identification code, other means of identification, or other credit device or code, whether

made directly or indirectly by means of telephone, point of sale terminal, automated teller machine,

computer or other electronic or other communication or device, or through the mail.

     (2)(3) "Credit card lender" or "lender" means any entity that is a lending institution as

defined by § 19-9-1, or licensee as defined by § 19-14-1, that offers or extends credit in the form

of a credit card transaction.

     (3)(4)(5)"Credit card transaction" means any loan or extension of credit made pursuant to

a credit card plan. Without limitation of the foregoing, a credit card transaction may be extended

under a credit card plan by a credit card lender's acquisition of obligations arising out of the

honoring by a merchant or other third-party; a credit card lender or other financial institution

(whether chartered or organized under the laws of this or any other state, the District of Columbia,

the United States, or any district, territory, or possession of the United States, or any foreign

country); or a government or governmental subdivision or agency of a credit card device.

     (4)(5)(4) "Credit card plan" or "plan" means any arrangement or plan between a borrower

and a credit card lender or issuer, including, without limitation, lines of credit directly between a

borrower and a credit card lender or issuer, for open-end, revolving extensions of credit made

available through a credit card device or other means of settlement between the credit card lender

or issuer and the merchant, such as ACH or electronic-only credit card devices, provided, however,

said "credit card plan" or "plan" does not include an extension of credit the repayment of which is

secured by real property.


 

 

 

 

95)

Section

Amended Chapter Numbers:

 

6-54-2

243 and 244

 

 

6-54-2. Definitions.

     As used in this chapter:

     (1) "Community of interest" means a continuing financial interest between the grantor and

the grantee in either the operation of the dealership business or the marketing of such goods or

services;.

     (2) "Continuing financial interest" means the following:

     (i) A dealership relationship of at least one year in duration between the grantor and dealer,

without regard to:

     (A) Any minimum percentage of revenue or profit derived therefrom by the dealer;

     (B) Any minimum financial investment by the dealer; or

     (C) The aggregate economic size or level of activity by the dealer or its affiliates; and

     (ii) The dealer has expended, allocated, or dedicated revenue or personnel to promoting the

sale or distribution of the grantor's goods or services, including investments in grantor inventory,

sales and marketing, or facilities; and

     (iii) Dealer and grantor cooperate, coordinate activities, or share common goals;.

     (2)(3) "Dealer" means a person who is a grantee of a dealership situated in this state, and

any successor in interest, regardless of the subsequent sale or change in ownership of such entity;.

     (3)(4) "Dealership" means any of the following:

     (i) A contract or agreement, either expressed or implied, whether oral or written, between

two (2) or more persons, by which a person is granted the right to sell or distribute goods or services,

or use a trade name, trademark, service mark, logotype, advertising, or other commercial symbol,

in which there is a community of interest in the business of offering, selling, or distributing goods

or services at wholesale, retail, by lease, agreement, or otherwise.

     (4)(5) "Good cause" means, for the purposes of this act, good cause for terminating,

diminishing, canceling, or nonrenewal shall mean:

     (i) The failure by the dealer to substantially comply with the reasonable requirements

imposed by the grantor; or

     (ii) Any of the reasons listed in subdivisions §§ 6-54-4(a)(1) through (a)(6). A sale or

change in ownership shall not constitute good cause.

     (5)(6) "Grantor" means a person who grants a dealership, and any successor in interest,

regardless of the subsequent sale or change in ownership of such person;.

     (6)(7) "Person" means a natural person, partnership, joint venture, corporation, or other

entity;.

     (8) "Sale or change in ownership" means with respect to any grantor or dealer, the direct

or indirect sale of such person's assets or equity ownership, whether by merger or sale or other

change in control event. A sale or change in ownership shall be considered for purposes of this

chapter as a continuation of the prior dealership relationship and shall not be deemed to have

interrupted, ended, or restarted such relationship between the parties.


 

 

 

 

96)

Section

Amended Chapter Numbers:

 

6-54-4

243 and 244

 

 

6-54-4. Notice of termination or change in dealership.

     (a) Notwithstanding the terms, provisions, or conditions of any agreement to the contrary,

a grantor shall provide a dealer sixty (60) days prior written notice of termination, cancellation, or

nonrenewal. The notice shall state all reasons for termination, cancellation, or nonrenewal and shall

provide that the dealer has thirty (30) days in which to cure any claimed deficiency; provided, that

a dealer has a right to cure three (3) times in any twelve-(12) month (12) period during the period

of the dealership agreement. The sixty-(60) day (60) notice provisions of this section shall not apply

and the termination, cancellation, or nonrenewal may be made effective immediately upon written

notice, if the reason for termination, cancellation, or nonrenewal is in the event the dealer:

     (1) Voluntarily abandons the dealership relationship;

     (2) Is convicted of a felony offense related to the business conducted pursuant to the

dealership;

     (3) Engages in any substantial act which that tends to materially impair the goodwill of

the grantor's trade name, trademark, service mark, logotype, or other commercial symbol;

     (4) Makes a material misrepresentation of fact to the grantor relating to the dealership;

     (5) Attempts to transfer the dealership (or a portion thereof) without authorization of the

grantor, excluding a sale or change of ownership; or

     (6) Is insolvent, files or suffers to be filed against it any voluntary or involuntary

bankruptcy petition, or makes an assignment for the benefit of creditors or similar disposition of

assets of the dealer business.

     (b) If the reason for termination, cancellation, or nonrenewal is nonpayment of sums due

under the dealership, the dealers dealer shall be entitled to written notice of such default, and shall

have ten (10) days in which to cure such default from the date of such notice. A dealer has the right

to cure three (3) times in any twelve-(12) month (12) period during the period of the dealership

agreement.

     (c) If the reason for termination, cancellation, or nonrenewal is for violation of any law,

regulation, or standard relating to public health or safety, the dealer shall be entitled to immediate

written notice and shall have twenty-four (24) hours five (5) days to cure such violation from the

date of receipt of the written notice.

     (d) No grantor may terminate, cancel, or fail to renew a dealership, directly or indirectly,

or otherwise take any action to diminish the dealership or its value, other than for good cause. No

grantor may terminate, cancel, or fail to renew a dealership, directly or indirectly, or otherwise take

any action to diminish the dealership or its value, if the dealership shall cure the alleged deficiency

or violation in accordance with the provisions of this chapter.


 

 

 

97)

Section

Amended Chapter Numbers:

 

6-54-9

243 and 244

 

 

6-54-9. Nonapplicability.

     This chapter shall not apply to malt beverage dealerships; motor vehicle dealerships;

insurance agency relationships; any relationship relating to the sale or administration of insurance

or any similar contract with an entity organized under chapters chapter 19 or 20 of title 27; fuel

distribution dealerships; door-to-door sales; dealers and single-line dealers as defined in § 6-46-2;

dealerships;, and franchises, franchisors, franchisees, dealers and dealerships that are subject to,

and comply with or are exempt from, the provisions of chapter 28.1 of title 19, known as the "Rhode

Island Franchise Investment Act."


 

 

 

98)

Section

Added Chapter Numbers:

 

6-54-10

243 and 244

 

 

6-54-10. Exclusive jurisdiction.

     Notwithstanding any agreements between grantor and dealer to the contrary, the courts in

Rhode Island shall have the exclusive jurisdiction over any disputes arising out of or relating to this

chapter including, but not limited to, any claim for which a dealer relies on this chapter as a defense

to any purported termination, cancellation, or failure to renew.


 

 

 

 

99)

Section

Repealed Chapter Numbers:

 

7-12-12 to

123 and 124

 

           7-12-59

7-12-12 to 7-12-59. [Repealed]


 

 

 

 

100)

Section

Added Chapter Numbers:

 

7-12.1

123 and 124

 

 

CHAPTER 12.1

UNIFORM PARTNERSHIP ACT


 

 

 

101)

Section

Added Chapter Numbers:

 

7-12.1-Art. 1

123 and 124

 

 

7-12.1-1 ARTICLE 1-GENERAL PROVISIONS


 

 

 

102)

Section

Added Chapter Numbers:

 

7-12.1-101

123 and 124

 

 

7-12.1-101. Short title.

     This chapter shall be known and may be cited as "The Uniform Partnership Act".


 

 

 

 

103)

Section

Added Chapter Numbers:

 

7-12.1-102

123 and 124

 

 

7-12.1-102. Definitions.

     As used in this chapter:

     (1) "Business" includes every trade, occupation, and profession.

     (2) "Contribution", except in the phrase "right of contribution", means property or a benefit

described in § 7-12.1-403 which is provided by a person to a partnership to become a partner or in

the person's capacity as a partner.

     (3) "Debtor in bankruptcy" means a person that is the subject of:

     (i) An order for relief under Title 11 of the United States Code or a comparable order under

a successor statute of general application; or

     (ii) A comparable order under federal, state, or foreign law governing insolvency.

     (4) "Delivering/delivered" means either physically transferring a paper document to the

secretary of state or transferring a document to the secretary of state by electronic transmission

through a medium provided and authorized by the secretary of state.

     (5) "Distribution" means a transfer of money or other property from a partnership to a

person on account of a transferable interest or in a person's capacity as a partner. The term:

     (i) Includes:

     (A) A redemption or other purchase by a partnership of a transferable interest; and

     (B) A transfer to a partner in return for the partner's relinquishment of any right to

participate as a partner in the management or conduct of the partnership's business or have access

to records or other information concerning the partnership's business; and

     (ii) Does not include amounts constituting reasonable compensation for present or past

service or payments made in the ordinary course of business under a bona fide retirement plan or

other bona fide benefits program.

     (6) "Electronic transmission" means any form of communication, not directly involving

the physical transmission of paper, that creates a record that may be retained, retrieved, and

reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a

recipient through an automated process.

     (7) "Foreign limited-liability partnership" means a foreign partnership whose partners have

limited-liability for the debts, obligations, or other liabilities of the foreign partnership under a

provision similar to § 7-12.1-306(c).

     (8) "Foreign partnership" means an unincorporated entity formed under the law of a

jurisdiction other than this state which would be a partnership if formed under the law of this state.

The term includes a foreign limited-liability partnership.

     (9) "Jurisdiction", used to refer to a political entity, means the United States, a state, a

foreign country, or a political subdivision of a foreign country.

     (10) "Jurisdiction of formation" means the jurisdiction whose law governs the internal

affairs of an entity.

     (11) "Limited-liability partnership", except in the phrase "foreign limited-liability

partnership" and in Article 11 of this chapter, means a partnership that has filed a statement of

qualification under § 7-12.1-901 and does not have a similar statement in effect in any other

jurisdiction.

     (12) "Partner" means a person that:

     (i) Has become a partner in a partnership under § 7-12.1-402 or was a partner in a

partnership when the partnership became subject to this chapter under § 7-12.1-110; and

     (ii) Has not dissociated as a partner under § 7-12.1-601.

     (13) "Partnership", except in Article 11 of this chapter, means an association of two (2) or

more persons to carry on as co-owners of a business for profit formed under this chapter or that

becomes subject to this chapter under Article 11 of this chapter or § 7-12.1-110. The term includes

a limited-liability partnership.

     (14) "Partnership agreement" means the agreement, whether or not referred to as a

partnership agreement and whether oral, implied, in a record, or in any combination thereof, of all

the partners of a partnership concerning the matters described in § 7-12.1-105. The term includes

the agreement as amended or restated.

     (15) "Partnership at will" means a partnership in which the partners have not agreed to

remain partners until the expiration of a definite term or the completion of a particular undertaking.

     (16) "Person" means an individual, business corporation, nonprofit corporation,

partnership, limited partnership, limited-liability company, general cooperative association, limited

cooperative association, unincorporated nonprofit association, statutory trust, business trust,

common-law business trust, estate, trust, association, joint venture, public corporation, government

or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

     (17) "Principal office" means the principal executive office of a partnership or a foreign

limited-liability partnership, whether or not the office is located in this state.

     (18) "Property" means all property, whether real, personal, or mixed or tangible or

intangible, or any right or interest therein.

     (19) "Record", used as a noun, means information that is inscribed on a tangible medium

or that is stored in an electronic or other medium and is retrievable in perceivable form.

     (20) "Registered agent" means an agent of a limited-liability partnership or foreign limited-

liability partnership which is authorized to receive service of any process, notice, or demand

required or permitted by law to be served on the partnership.

     (21) "Registered foreign limited-liability partnership" means a foreign limited-liability

partnership that is registered to do business in this state pursuant to a statement of registration filed

with the secretary of state.

     (22) "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.

     (23) "Signature" or "signed" or "executed" means an original signature, facsimile, or an

electronically transmitted signature submitted through a medium provided and authorized by the

secretary of state.

     (24) "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the

United States.

     (25) "Transfer" includes:

     (i) An assignment;

     (ii) A conveyance;

     (iii) A sale;

     (iv) A lease;

     (v) An encumbrance, including a mortgage or security interest;

     (vi) A gift; and

     (vii) A transfer by operation of law.

     (26) "Transferable interest" means the right, as initially owned by a person in the person's

capacity as a partner, to receive distributions from a partnership, whether or not the person remains

a partner or continues to own any part of the right. The term applies to any fraction of the interest,

by whomever owned.

     (27) "Transferee" means a person to which all or part of a transferable interest has been

transferred, whether or not the transferor is a partner.


 

 

 

104)

Section

Added Chapter Numbers:

 

7-12.1-103

123 and 124

 

 

7-12.1-103. Knowledge; Notice.

     (a) A person knows a fact if the person:

     (1) Has actual knowledge of it; or

     (2) Is deemed to know it under subsection (d)(1) of this section or law other than this

chapter.

     (b) A person has notice of a fact if the person:

     (1) Has reason to know the fact from all the facts known to the person at the time in

question; or

     (2) Is deemed to have notice of the fact under subsection (d)(2) of this section.

     (c) Subject to § 7-12.1-117(f), a person notifies another person of a fact by taking steps

reasonably required to inform the other person in ordinary course, whether or not those steps cause

the other person to know the fact.

     (d) A person not a partner is deemed:

     (1) To know of a limitation on authority to transfer real property as provided in § 7-12.1-

303(g); and

     (2) To have notice of:

     (i) A person's dissociation as a partner ninety (90) days after a statement of dissociation

under § 7-12.1-704 becomes effective; and

     (ii) A partnership's:

     (A) Dissolution ninety (90) days after a statement of dissolution under § 7-12.1-802

becomes effective;

     (B) Termination ninety (90) days after a statement of termination under § 7-12.1-802

becomes effective; and

     (C) Participation in a merger, interest exchange, conversion, or domestication, ninety (90)

days after articles of merger, interest exchange, conversion, or domestication under Article 11 of

this chapter become effective.

     (e) A partner's knowledge or notice of a fact relating to the partnership is effective

immediately as knowledge of or notice to the partnership, except in the case of a fraud on the

partnership committed by or with the consent of that partner.


 

 

105)

Section

Added Chapter Numbers:

 

7-12.1-104

123 and 124

 

 

7-12.1-104. Governing law.

     The internal affairs of a partnership and the liability of a partner as a partner for a debt,

obligation, or other liability of the partnership are governed by:

     (1) In the case of a limited-liability partnership, the law of this state; and

     (2) In the case of a partnership that is not a limited-liability partnership, the law of the

jurisdiction in which the partnership has its principal office.


 

 

 

106)

Section

Added Chapter Numbers:

 

7-12.1-105

123 and 124

 

 

7-12.1-105. Partnership agreement; Scope, Function, and Limitations.

     (a) Except as otherwise provided in subsections (c) and (d) of this section, the partnership

agreement governs:

     (1) Relations among the partners as partners and between the partners and the partnership;

     (2) The business of the partnership and the conduct of that business; and

     (3) The means and conditions for amending the partnership agreement.

     (b) To the extent the partnership agreement does not provide for a matter described in

subsection (a) of this section, this chapter governs the matter.

     (c) A partnership agreement may not:

     (1) Vary the law applicable under § 7-12.1-104(1);

     (2) Vary the provisions of § 7-12.1-110;

     (3) Vary the provisions of § 7-12.1-307;

     (4) Unreasonably restrict the duties and rights under § 7-12.1-408, but the partnership

agreement may impose reasonable restrictions on the availability and use of information obtained

under that section and may define appropriate remedies, including liquidated damages, for a breach

of any reasonable restriction on use;

     (5) Alter or eliminate the duty of loyalty or the duty of care, except as otherwise provided

in subsection (d) of this section;

     (6) Eliminate the contractual obligation of good faith and fair dealing under § 7-12.1-

409(d), but the partnership agreement may prescribe the standards, if not manifestly unreasonable,

by which the performance of the obligation is to be measured;

     (7) Unreasonably restrict the right of a person to maintain an action under § 7-12.1-410(b);

     (8) Relieve or exonerate a person from liability for conduct involving bad faith, willful or

intentional misconduct, or knowing violation of law;

     (9) Vary the power of a person to dissociate as a partner under § 7-12.1-602(a), except to

require that the notice under § 7-12.1-601(1) to be in a record;

     (10) Vary the grounds for expulsion specified in § 7-12.1-601(5);

     (11) Vary the causes of dissolution specified in § 7-12.1-801(4) or (5);

     (12) Vary the requirement to wind up the partnership's business as specified in § 7-12.1-

802(a), (b)(1), and (d);

     (13) Vary the right of a partner under § 7-12.1-901(f) to vote on or consent to a cancellation

of a statement of qualification;

     (14) Vary the right of a partner to approve a merger, interest exchange, conversion, or

domestication under §§ 7-12.1-11.23(a)(2), 7-12.1-11.33(a)(2), 7-12.1-11.43(a)(2), or 7-12.1-

11.53(a)(2);

     (15) Vary the required contents of a plan of merger under § 7-12.1-11.22(a), plan of interest

exchange under § 7-12.1-11.32(a), plan of conversion under § 7-12.1-11.42(a), or plan of

domestication under § 7-12.1-11.52(a);

     (16) Vary any requirement, procedure, or other provision of this chapter pertaining to:

     (i) Registered agents; or

     (ii) The secretary of state, including provisions pertaining to records authorized or required

to be filed with the secretary of state under this chapter; or

     (17) Except as otherwise provided in §§ 7-12.1-106 and 7-12.1-107(b), restrict the rights

under this chapter of a person other than a partner.

     (d) Subject to subsection (c)(8) of this section, without limiting other terms that may be

included in a partnership agreement, the following rules apply:

     (1) The partnership agreement may:

     (i) Specify the method by which a specific act or transaction that would otherwise violate

the duty of loyalty may be authorized or ratified by one or more disinterested and independent

persons after full disclosure of all material facts; and

     (ii) Alter the prohibition in § 7-12.1-406(a)(2) to the extent the prohibition requires only

that the partnership's total assets not be less than the sum of its total liabilities.

     (2) To the extent the partnership agreement expressly relieves a partner of a responsibility

that the partner would otherwise have under this chapter and imposes the responsibility on one or

more other partners, the agreement also may eliminate or limit any fiduciary duty of the partner

relieved of the responsibility which would have pertained to the responsibility.

     (3) If not manifestly unreasonable, the partnership agreement may:

     (i) Alter or eliminate the aspects of the duty of loyalty stated in § 7-12.1-409(b);

     (ii) Identify specific types or categories of activities that do not violate the duty of loyalty;

     (iii) Alter the duty of care, but may not authorize conduct involving bad faith, willful or

intentional misconduct, or knowing violation of law; and

     (iv) Alter or eliminate any other fiduciary duty.

     (e) The court shall decide as a matter of law whether a term of a partnership agreement is

manifestly unreasonable under subsection (c)(6) or (d)(3) of this section. The Providence County

superior court:

     (1) Shall make its determination as of the time the challenged term became part of the

partnership agreement and by considering only circumstances existing at that time; and

     (2) May invalidate the term only if, in light of the purposes and business of the partnership,

it is readily apparent that:

     (i) The objective of the term is unreasonable; or

     (ii) The term is an unreasonable means to achieve the term's objective.


 

 

 

107)

Section

Added Chapter Numbers:

 

7-12.1-106

123 and 124

 

 

7-12.1-106. Partnership agreement -- Effect on partnership and person becoming

partner -- Preformation agreement.

     (a) A partnership is bound by and may enforce the partnership agreement, whether or not

the partnership has itself manifested assent to the agreement.

     (b) A person that becomes a partner is deemed to assent to the partnership agreement.

     (c) Two (2) or more persons intending to become the initial partners of a partnership may

make an agreement providing that upon the formation of the partnership the agreement will become

the partnership agreement.


 

 

 

108)

Section

Added Chapter Numbers:

 

7-12.1-107

123 and 124

 

 

7-12.1-107. Partnership agreement -- Effect on third parties and relationship to

records effective on behalf of partnership.

     (a) A partnership agreement may specify that its amendment requires the approval of a

person that is not a party to the agreement or the satisfaction of a condition. An amendment is

ineffective if its adoption does not include the required approval or satisfy the specified condition.

     (b) The obligations of a partnership and its partners to a person in the person's capacity as

a transferee or person dissociated as a partner are governed by the partnership agreement. Subject

only to a court order issued under § 7-12.1-504(b)(2) to effectuate a charging order, an amendment

to the partnership agreement made after a person becomes a transferee or is dissociated as a partner:

     (1) Is effective with regard to any debt, obligation, or other liability of the partnership or

its partners to the person in the person's capacity as a transferee or person dissociated as a partner;

and

     (2) Is not effective to the extent the amendment:

     (i) Imposes a new debt, obligation, or other liability on the transferee or person dissociated

as a partner; or

     (ii) Prejudices the rights under § 7-12.1-701 of a person that dissociated as a partner before

the amendment was made.

     (c) If a record delivered by a partnership to the secretary of state for filing becomes

effective and contains a provision that would be ineffective under §§ 7-12.1-105(c) or 7-12.1-

105(d)(3) if contained in the partnership agreement, the provision is ineffective in the record.

     (d) Subject to subsection (c) of this section, if a record delivered by a partnership to the

secretary of state for filing becomes effective and conflicts with a provision of the partnership

agreement:

     (1) The agreement prevails as to partners, persons dissociated as partners, and transferees;

and

     (2) The record prevails as to other persons to the extent they reasonably rely on the record.


 

 

 

109)

Section

Added Chapter Numbers:

 

7-12.1-108

123 and 124

 

 

7-12.1-108. Signing of records to be delivered for filing to secretary of state.

     (a) A record filed with the secretary of state pursuant to this chapter must be signed as

follows:

     (1) Except as otherwise provided in subsections (a)(2) and (a)(3) of this section, a record

signed by a partnership must be signed by a person authorized by the partnership.

     (2) A record filed on behalf of a dissolved partnership that has no partner must be signed

by the person winding up the partnership's business under § 7-12.1-802(c) or a person appointed

under § 7-12.1-802(d) to wind up the business.

     (3) A statement of denial by a person under § 7-12.1-304 must be signed by that person.

     (4) Any other record delivered on behalf of a person to the secretary of state for filing must

be signed by that person.

     (b) A record filed under this chapter may be signed by an agent. Whenever this chapter

requires a particular individual to sign a record and the individual is deceased or incompetent, the

record may be signed by a legal representative of the individual.

     (c) A person that signs a record as an agent or legal representative affirms as a fact that the

person is authorized to sign the record.


 

 

 

 

110)

Section

Added Chapter Numbers:

 

7-12.1-109

123 and 124

 

 

7-12.1-109. Liability for inaccurate information in filed record.

     (a) If a record filed with the secretary of state under this chapter and filed by the secretary

of state contains inaccurate information, a person that suffers loss by reliance on the information

may recover damages for the loss from:

     (1) A person that signed the record, or caused another to sign it on the person's behalf, and

knew the information to be inaccurate at the time the record was signed; and

     (2) Subject to subsection (b) of this section, a partner if:

     (i) The record was delivered for filing on behalf of the partnership; and

     (ii) The partner knew or had notice of the inaccuracy for a reasonably sufficient time before

the information was relied upon so that, before the reliance, the partner reasonably could have:

     (A) Effected an amendment under § 7-12.1-901(f);

     (B) Filed a petition under § 7-12.1-112; or

     (C) Filed with the secretary of state a statement of change under § 7-12.1-909 or a statement

of correction under § 7-12.1-116.

     (b) To the extent the partnership agreement expressly relieves a partner of responsibility

for maintaining the accuracy of information contained in records delivered on behalf of the

partnership to the secretary of state for filing under this chapter and imposes that responsibility on

one or more other partners, the liability stated in subsection (a)(2) of this section applies to those

other partners and not to the partner that the partnership agreement relieves of the responsibility.

     (c) An individual who signs a record authorized or required to be filed under this chapter

affirms under penalty of perjury that the information stated in the record is accurate.


 

 

 

111)

Section

Added Chapter Numbers:

 

7-12.1-110

123 and 124

 

 

7-12.1-110. Application to existing relationships.

     (a) This chapter governs only:

     (1) A partnership formed on or after January 1, 2023; and

     (2) Except as otherwise provided in subsection (c) of this section, a partnership formed

before January 1, 2023, which elects, in the manner provided in its partnership agreement or by law

for amending the partnership agreement, to be subject to this chapter.

     (b) Except as otherwise provided in subsection (c) of this section, on and after January 1,

2023, this chapter governs all partnerships.

     (c) With respect to a partnership that elects pursuant to subsection (a)(2) of this section to

be subject to this chapter, after the election takes effect the provisions of this chapter relating to the

liability of the partnership's partners to third parties apply to:

     (1) A third party that had not done business with the partnership in the year before the

election took effect; and

     (2) A third party that had done business with the partnership in the year before the election

took effect only if the third party knows or has been notified of the election.


 

 

 

 

112)

Section

Added Chapter Numbers:

 

7-12.1-110.1

123 and 124

 

 

7-12.1-110.1. Election of existing limited-liability partnerships.

     (a) With respect to a limited-liability partnership that elects pursuant to §7-12.1-110 (a)(2)

to be subject to this chapter, the partnership must deliver to the secretary of state a statement

approved in the manner required by § 7-12.1-901(b). The statement must contain:

     (1) The name of the limited-liability partnership;

     (2) A statement that the partnership is a limited-liability partnership and elects to comply

with the provisions of chapter 12.1 of title 7;

     (3) A statement that the partnership’s status as a limited-liability partnership is perpetual

and remains effective, regardless of changes to the partnership, until it is canceled or

administratively revoked pursuant to the provision provisions of chapter 12.1 of title 7;

     (4) The name and street address in this state of the partnership’s registered agent.

     (b) Prior to the effective date of this chapter outlined in § 7-12.1-110(b), a limited-liability

partnership may renew its registration pursuant to § 7-12-56(e). Upon the effective date of this

chapter, to maintain its status as a limited-liability partnership, the following actions must be taken:

     (1) A designation of a registered agent must be recorded with the secretary of state; and

     (2) At the time prescribed, the limited-liability partnership must file an annual report in

accordance with the provisions of § 7-12.1-913.

 

 

 


 

 

 

113)

Section

Added Chapter Numbers:

 

7-12.1-111

123 and 124

 

 

7-12.1-111. Delivery of record.

     (a) Except as otherwise provided in this chapter, permissible means of delivery of a record

include delivery by hand, mail, conventional commercial practice, and electronic transmission.

     (b) Delivery to the secretary of state is effective only when a record is received by the

secretary of state.


 

 

 

 

114)

Section

Added Chapter Numbers:

 

7-12.1-112

123 and 124

 

 

7-12.1-112. Signing and filing pursuant to judicial order.

     (a) If a person required by this chapter to sign a record or deliver a record to the secretary

of state for filing under this chapter does not do so, any other person that is aggrieved may petition

the superior court to order:

     (1) The person to sign the record;

     (2) The person to deliver the record to the secretary of state for filing; or

     (3) The secretary of state to file the record unsigned.

     (b) If a petitioner under subsection (a) of this section is not the partnership or foreign

limited-liability partnership to which the record pertains, the petitioner shall make the partnership

or foreign partnership a party to the action.

     (c) A record filed under subsection (a)(3) of this section is effective without being signed.


 

 

 

 

115)

Section

Added Chapter Numbers:

 

7-12.1-113

123 and 124

 

 

7-12.1-113. Filing requirements.

     (a) To be filed by the secretary of state pursuant to this chapter, a record must be received

by the secretary of state, comply with this chapter, and satisfy the following:

     (1) The filing of the record must be required or permitted by this chapter;

     (2) The record must be physically delivered in written form unless and to the extent the

secretary of state permits electronic delivery of records;

     (3) The words in the record must be in English, and numbers must be in Arabic or Roman

numerals, but the name of an entity need not be in English if written in English letters or Arabic or

Roman numerals;

     (4) The record must be signed by a person authorized or required under this chapter to sign

the record; and

     (5) The record must state the name and capacity, if any, of each individual who signed it,

either on behalf of the individual or the person authorized or required to sign the record, but need

not contain a seal, attestation, acknowledgment, or verification.

     (b) If any law other than this chapter prohibits the disclosure by the secretary of state of

information contained in a record filed with the secretary of state, the secretary of state shall file

the record if the record otherwise complies with this chapter but may redact the information.

     (c) When a record is filed with the secretary of state, any fee required under this chapter

and any fee, tax, interest, or penalty required to be paid under this chapter or law other than this

chapter must be paid in a manner permitted by the secretary of state or by that law.

     (d) The secretary of state may require that a record delivered in written form be

accompanied by an identical or conformed copy.

     (e) The secretary of state may provide forms for filings required or permitted to be made

by this chapter, but, except as otherwise provided in this section, their use is not required.

     (f) The secretary of state may require that a cover sheet for a filing be on a form prescribed

by the secretary of state.


 

 

 

 

 

 

116)

Section

Added Chapter Numbers:

 

7-12.1-114

123 and 124

 

 

7-12.1-114. Effective date and time.

     Except as otherwise provided in § 7-12.1-115 and subject to § 7-12.1-116(c), a record filed

under this chapter is effective:

     (1) On the date and at the time of its filing by the secretary of state, as provided in § 7-

12.1-117(b);

     (2) On the date of filing and at the time specified in the record as its effective time, if later

than the time under subsection (1) of this section;

     (3) At a specified delayed effective date and time, which may not be more than ninety (90)

days after the date of filing; or

     (4) If a delayed effective date is specified, but no time is specified, at one minute past

twelve am (12:01 a.m.) on the date specified, which may not be more than ninety (90) days after

the date of filing.


 

 

 

 

117)

Section

Added Chapter Numbers:

 

7-12.1-115

123 and 124

 

 

7-12.1-115. Withdrawal of filed record before effectiveness.

     (a) Except as otherwise provided in §§ 7-12.1-11.24, 7-12.1-11.34, 7-12.1-11.44, and 7-

12.1-11.54, a record filed with the secretary of state may be withdrawn before it takes effect by

delivering to the secretary of state for filing a statement of withdrawal.

     (b) A statement of withdrawal must:

     (1) Be signed by each person that signed the record being withdrawn, except as otherwise

agreed by those persons;

     (2) Identify the record to be withdrawn; and

     (3) If signed by fewer than all the persons that signed the record being withdrawn, state

that the record is withdrawn in accordance with the agreement of all the persons that signed the

record.

     (c) On filing by the secretary of state of a statement of withdrawal, the action or transaction

evidenced by the original record does not take effect.


 

 

 

118)

Section

Added Chapter Numbers:

 

7-12.1-116

123 and 124

 

 

7-12.1-116. Correcting filed record.

     (a) A person on whose behalf a filed record was filed with the secretary of state may correct

the record if:

     (1) The record at the time of filing was inaccurate;

     (2) The record was defectively signed; or

     (3) The electronic transmission of the record to the secretary of state was defective.

     (b) To correct a filed record, a person on whose behalf the record was delivered to the

secretary of state must deliver to the secretary of state for filing a statement of correction.

     (c) A statement of correction:

     (1) May not state a delayed effective date;

     (2) Must be signed by the person correcting the filed record;

     (3) Must identify the filed record to be corrected;

     (4) Must specify the inaccuracy or defect to be corrected; and

     (5) Must correct the inaccuracy or defect.

     (d) A statement of correction is effective as of the effective date of the filed record that it

corrects except for purposes of § 7-12.1-103(d) and as to persons relying on the uncorrected filed

record and adversely affected by the correction. For those purposes and as to those persons, the

statement of correction is effective when filed.


 

 

 

 

119)

Section

Added Chapter Numbers:

 

7-12.1-117

123 and 124

 

 

7-12.1-117. Duty of secretary of state to file -- Review of refusal to file -- Delivery of

record by secretary of state.

     (a) The secretary of state shall file a record filed with the secretary of state which satisfies

this chapter. The duty of the secretary of state under this section is ministerial.

     (b) When the secretary of state files a record, the secretary of state shall record it as filed

on the date and at the time of its delivery. After filing a record, the secretary of state shall deliver

to the person that submitted the record a copy of the record with an acknowledgment of the date

and time of filing and, in the case of a statement of denial, also to the partnership to which the

statement pertains.

     (c) If the secretary of state refuses to file a record, the secretary of state shall, not later than

ten (10) business days after the record is delivered:

     (1) Return the record or notify the person that submitted the record of the refusal; and

     (2) Provide a brief explanation in a record of the reason for the refusal.

     (d) If the secretary of state refuses to file a record, the person that submitted the record may

petition the superior court to compel filing of the record. The record and the explanation of the

secretary of state of the refusal to file must be attached to the petition. The Providence County

superior court may decide the matter in a summary proceeding.

     (e) The filing of or refusal to file a record does not:

     (1) Affect the validity or invalidity of the record in whole or in part; or

     (2) Create a presumption that the information contained in the record is correct or incorrect.

     (f) Except as otherwise provided by § 7-12.1-909 or by law other than this chapter, the

secretary of state may deliver any record to a person by delivering it:

     (1) In person to the person that submitted it;

     (2) To the address of the person's registered agent;

     (3) To the principal office of the person;

     (4) To an electronic address the person provides to the secretary of state for delivery; or

     (5) By providing, at no cost to the filer, access to a downloadable copy of the record from

the secretary of state’s online corporate database.

     (g) Notwithstanding that any instrument authorized to be filed with the secretary of state

under this chapter is when filed inaccurately, defectively or erroneously executed, sealed or

acknowledged, or otherwise defective in any respect, the secretary of state has no liability to any

individual for the preclearance for filing, the acceptance for filing or the filing and indexing of such

instrument by the secretary of state.


 

 

 

 

 

120)

Section

Added Chapter Numbers:

 

7-12.1-117.1

123 and 124

 

 

7-12.1-117.1. Fees for filing documents and issuing certificates.

     The secretary of state shall charge and collect for:

     (1) Filing a statement of partnership authority, one hundred dollars ($100);

     (2) Filing a statement of amendment or cancellation of partnership authority, fifty dollars

($50.00);

     (3) Filing a statement of denial of partnership authority, fifty dollars ($50.00);

     (4) Filing a statement of dissociation, ten dollars ($10.00);

     (5) Filing an application to reserve a partnership name, fifty dollars ($50.00);

     (6) Filing a notice of transfer of a reserved partnership name, fifty dollars ($50.00);

     (7) Filing a statement of change of registered agent, twenty dollars ($20.00);

     (8) Filing a statement of change of name or address only for a registered agent, without

fee;

     (9) Filing a statement of qualification for a limited-liability partnership, one hundred fifty

dollars ($150)

     (10) Filing a statement of amendment or cancellation of a limited-liability partnership, fifty

dollars ($50.00);

     (11) Filing a fictitious business name statement for a limited-liability partnership, fifty

dollars ($50.00)

     (12) Filing an application of registration for a foreign limited-liability partnership, one

hundred fifty dollars ($150);

     (13) Filing an amendment to an application of registration for a foreign limited-liability

partnership, fifty dollars ($50.00)

     (14) Filing a certificate of withdrawal of registration as a foreign limited-liability

partnership, fifty dollars ($50.00);

     (15) Filing any other document, statement, or report of a domestic or foreign limited-

liability partnership, except an annual report, ten dollars ($10.00);

     (16) An annual report of a domestic or foreign limited-liability partnership, fifty dollars

($50.00);

     (17) To withdraw the certificate of revocation of a limited-liability partnership, whether

domestic or foreign, a penalty in the amount of fifty dollars ($50.00) for each year or part of the

year that has elapsed since the issuance of the certificate of revocation;

     (18) For issuing a certificate of good standing/letter of status, twenty dollars ($20.00);

     (19) For issuing a certificate of fact, thirty dollars ($30.00);

     (20) For furnishing a certified copy of any document, instrument, or paper relating to a

partnership or limited-liability partnership, a fee of fifteen cents ($.15) per page and ten dollars

($10.00) for the certificate and affirming the seal to it;

     (21) Service of process on the secretary of state as registered agent of a partnership or a

limited-liability partnership, fifteen dollars ($15.00) which amount may be recovered as a taxable

cost by the party to the suit or action making the service if the party prevails in the suit or action;

     (22) Filing articles of merger for a partnership or limited-liability partnership, one hundred

dollars ($100); and

     (23) Filing a statement of domestication for a limited-liability partnership, fifty dollars

($50.00).


 

 

 

 

 

 

 

121)

Section

Added Chapter Numbers:

 

7-12.1-118

123 and 124

 

 

7-12.1-118. Reservation of power to amend or repeal.

     The general assembly has power to amend or repeal all or part of this chapter at any time,

and all limited-liability partnerships and foreign limited-liability partnerships subject to this chapter

shall be governed by the amendment or repeal.


 

 

 

 

122)

Section

Added Chapter Numbers:

 

7-12.1-119

123 and 124

 

 

7-12.1-119. Supplemental principles of law.

     Unless displaced by particular provisions of this chapter, the principles of law and equity

supplement this chapter.


 

 

 

 

123)

Section

Added Chapter Numbers:

 

7-12.1-Art.2

123 and 124

 

 

7-12.1- ARTICLE 2-NATURE OF PARTNERSHIP


 

 

 

124)

Section

Added Chapter Numbers:

 

7-12.1-201

123 and 124

 

 

7-12.1-201. Partnership as entity.

     (a) A partnership is an entity distinct from its partners.

     (b) A partnership is the same entity regardless of whether the partnership has a statement

of qualification in effect under § 7-12.1-901.


 

 

 

125)

Section

Added Chapter Numbers:

 

7-12.1-202

123 and 124

 

 

7-12.1-202. Formation of partnership.

     (a) Except as otherwise provided in subsection (b) of this section, the association of two

(2) or more persons to carry on as co-owners a business for profit forms a partnership, whether or

not the persons intend to form a partnership.

     (b) An association formed under a statute other than this chapter, a predecessor statute, or

a comparable statute of another jurisdiction is not a partnership under this chapter.

     (c) In determining whether a partnership is formed, the following rules apply:

     (1) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common

property, or part ownership does not by itself establish a partnership, even if the co-owners share

profits made by the use of the property;

     (2) The sharing of gross returns does not by itself establish a partnership, even if the persons

sharing them have a joint or common right or interest in property from which the returns are

derived; and

     (3) A person who receives a share of the profits of a business is presumed to be a partner

in the business, unless the profits were received in payment:

     (i) Of a debt by installments or otherwise;

     (ii) For services as an independent contractor or of wages or other compensation to an

employee;

     (iii) Of rent;

     (iv) Of an annuity or other retirement or health benefit to a deceased or retired partner or a

beneficiary, representative, or designee of a deceased or retired partner;

     (v) Of interest or other charge on a loan, even if the amount of payment varies with the

profits of the business, including a direct or indirect present or future ownership of the collateral,

or rights to income, proceeds, or increase in value derived from the collateral; or

     (vi) For the sale of the goodwill of a business or other property by installments or otherwise.


 

 

 

126)

Section

Added Chapter Numbers:

 

7-12.1-203

123 and 124

 

 

7-12.1-203. Partnership property.

     Property acquired by a partnership is property of the partnership and not of the partners

individually.


 

 

 

 

 

127)

Section

Added Chapter Numbers:

 

7-12.1-204

123 and 124

 

 

7-12.1-204. When property is partnership property.

     (a) Property is partnership property if acquired in the name of:

     (1) The partnership; or

     (2) One or more partners with an indication in the instrument transferring title to the

property of the person's capacity as a partner or of the existence of a partnership but without an

indication of the name of the partnership.

     (b) Property is acquired in the name of the partnership by a transfer to:

     (1) The partnership in its name; or

     (2) One or more partners in their capacity as partners in the partnership, if the name of the

partnership is indicated in the instrument transferring title to the property.

     (c) Property is presumed to be partnership property if purchased with partnership assets,

even if not acquired in the name of the partnership or of one or more partners with an indication in

the instrument transferring title to the property of the person's capacity as a partner or of the

existence of a partnership.

     (d) Property acquired in the name of one or more of the partners, without an indication in

the instrument transferring title to the property of the person's capacity as a partner or of the

existence of a partnership and without use of partnership assets, is presumed to be separate property,

even if used for partnership purposes.


 

 

128)

Section

Added Chapter Numbers:

 

7-12.1-Art. 3

123 and 124

 

 

7-12.1-ARTICLE 3-RELATIONS OF PARTNERS TO PERSONS DEALING WITH PARTNERSHIP


 

 

 

129)

Section

Added Chapter Numbers:

 

7-12.1-301

123 and 124

 

 

7-12.1-301. Partner agent of partnership.

     Subject to the effect of a statement of partnership authority under § 7-12.1-303, the

following rules apply:

     (1) Each partner is an agent of the partnership for the purpose of its business. An act of a

partner, including the signing of an instrument in the partnership name, for apparently carrying on

in the ordinary course the partnership business or business of the kind carried on by the partnership

binds the partnership, unless the partner did not have authority to act for the partnership in the

particular matter and the person with which the partner was dealing knew or had notice that the

partner lacked authority.

     (2) An act of a partner which is not apparently for carrying on in the ordinary course the

partnership's business or business of the kind carried on by the partnership binds the partnership

only if the act was actually authorized by all the other partners.


 

 

 

 

130)

Section

Added Chapter Numbers:

 

7-12.1-302

123 and 124

 

 

7-12.1-302. Transfer of partnership property.

     (a) Partnership property may be transferred as follows:

     (1) Subject to the effect of a statement of partnership authority under § 7-12.1-303,

partnership property held in the name of the partnership may be transferred by an instrument of

transfer signed by a partner in the partnership name;

     (2) Partnership property held in the name of one or more partners with an indication in the

instrument transferring the property to them of their capacity as partners or of the existence of a

partnership, but without an indication of the name of the partnership, may be transferred by an

instrument of transfer signed by the persons in whose name the property is held; or

     (3) Partnership property held in the name of one or more persons other than the partnership,

without an indication in the instrument transferring the property to them of their capacity as partners

or of the existence of a partnership, may be transferred by an instrument of transfer signed by the

persons in whose name the property is held.

     (b) A partnership may recover partnership property from a transferee only if it proves that

signing of the instrument of initial transfer did not bind the partnership under § 7-12.1-301 and:

     (1) As to a subsequent transferee who gave value for property transferred under subsections

(a)(1) and (a)(2) of this section, proves that the subsequent transferee knew or had been notified

that the person who signed the instrument of initial transfer lacked authority to bind the partnership;

or

     (2) As to a transferee who gave value for property transferred under subsection (a)(3) of

this section, proves that the transferee knew or had been notified that the property was partnership

property and that the person who signed the instrument of initial transfer lacked authority to bind

the partnership.

     (c) A partnership may not recover partnership property from a subsequent transferee if the

partnership would not have been entitled to recover the property, under subsection (b) of this

section, from any earlier transferee of the property.

     (d) If a person holds all the partners' interests in the partnership, all the partnership property

vests in that person. The person may sign a record in the name of the partnership to evidence vesting

of the property in that person and may file or record the record.


 

 

 

 

131)

Section

Added Chapter Numbers:

 

7-12.1-303

123 and 124

 

 

7-12.1-303. Statement of partnership authority.

     (a) A partnership may deliver to the secretary of state for filing a statement of partnership

authority. The statement:

     (1) Must include the name of the partnership and:

     (i) If the partnership is not a limited-liability partnership, the street and mailing addresses

of its principal office; or

     (ii) If the partnership is a limited-liability partnership, the name and street and mailing

addresses of its registered agent;

     (2) With respect to any position that exists in or with respect to the partnership, may state

the authority, or limitations on the authority, of all persons holding the position to:

     (i) Sign an instrument transferring real property held in the name of the partnership; or

     (ii) Enter into other transactions on behalf of, or otherwise act for or bind, the partnership;

and

     (3) May state the authority, or limitations on the authority, of a specific person to:

     (i) Sign an instrument transferring real property held in the name of the partnership; or

     (ii) Enter into other transactions on behalf of, or otherwise act for or bind, the partnership.

     (b) To amend or cancel a statement of authority filed by the secretary of state, a partnership

must deliver to the secretary of state for filing an amendment or cancellation stating:

     (1) The name of the partnership;

     (2) If the partnership is not a limited-liability partnership, the street and mailing addresses

of the partnership's principal office;

     (3) If the partnership is a limited-liability partnership, the name and street and mailing

addresses of its registered agent;

     (4) The date the statement being affected became effective; and

     (5) The contents of the amendment or a declaration that the statement is canceled.

     (c) A statement of authority affects only the power of a person to bind a partnership to

persons that are not partners.

     (d) Subject to subsection (c) of this section and § 7-12.1-103(d)(1), and except as otherwise

provided in subsections (f), (g), and (h) of this section, a limitation on the authority of a person or

a position contained in an effective statement of authority is not by itself evidence of any person's

knowledge or notice of the limitation.

     (e) Subject to subsection (c) of this section, a grant of authority not pertaining to transfers

of real property and contained in an effective statement of authority is conclusive in favor of a

person that gives value in reliance on the grant, except to the extent that if the person gives value:

     (1) The person has knowledge to the contrary;

     (2) The statement has been canceled or restrictively amended under subsection (b) of this

section; or

     (3) A limitation on the grant is contained in another statement of authority that became

effective after the statement containing the grant became effective.

     (f) Subject to subsection (c) of this section, an effective statement of authority that grants

authority to transfer real property held in the name of the partnership, a certified copy of which

statement is recorded in the office for recording transfers of the real property, is conclusive in favor

of a person that gives value in reliance on the grant without knowledge to the contrary, except to

the extent that when the person gives value:

     (1) The statement has been canceled or restrictively amended under subsection (b) of this

section, and a certified copy of the cancellation or restrictive amendment has been recorded in the

office for recording transfers of the real property; or

     (2) A limitation on the grant is contained in another statement of authority that became

effective after the statement containing the grant became effective, and a certified copy of the later-

effective statement is recorded in the office for recording transfers of the real property.

     (g) Subject to subsection (c) of this section, if a certified copy of an effective statement

containing a limitation on the authority to transfer real property held in the name of a partnership

is recorded in the office for recording transfers of that real property, all persons are deemed to know

of the limitation.

     (h) Subject to subsection (i) of this section, an effective statement of dissolution is a

cancellation of any filed statement of authority for the purposes of subsection (f) of this section and

is a limitation on authority for purposes of subsection (g) of this section.

     (i) After a statement of dissolution becomes effective, a partnership may deliver to the

secretary of state for filing and, if appropriate, may record a statement of authority that is designated

as a post-dissolution statement of authority. The statement operates as provided in subsections (f)

and (g) of this section.

     (j) Unless canceled earlier, an effective statement of authority is canceled by operation of

law five (5) years after the date on which the statement, or its most recent amendment, becomes

effective. The cancellation is effective without recording under subsection (f) or (g) of this section.

     (k) An effective statement of denial operates as a restrictive amendment under this section

and may be recorded by certified copy for purposes of subsection (f)(1) of this section.


 

 

 

132)

Section

Added Chapter Numbers:

 

7-12.1-304

123 and 124

 

 

7-12.1-304. Statement of denial.

     A person named in a filed statement of authority granting that person authority may deliver

to the secretary of state for filing a statement of denial that:

     (1) Provides the name of the partnership and the caption of the statement of authority to

which the statement of denial pertains; and

     (2) Denies the grant of authority.


 

 

 

 

 

133)

Section

Added Chapter Numbers:

 

7-12.1-305

123 and 124

 

 

7-12.1-305. Partnership liable for partner's actionable conduct.

     (a) A partnership is liable for loss or injury caused to a person, or for a penalty incurred, as

a result of a wrongful act or omission, or other actionable conduct, of a partner acting in the ordinary

course of business of the partnership or with the actual or apparent authority of the partnership.

     (b) If, in the course of the partnership's business or while acting with actual or apparent

authority of the partnership, a partner receives or causes the partnership to receive money or

property of a person not a partner, and the money or property is misapplied by a partner, the

partnership is liable for the loss.


 

 

 

134)

Section

Added Chapter Numbers:

 

7-12.1-306

123 and 124

 

 

7-12.1-306. Partner's liability.

     (a) Except as otherwise provided in subsections (b) and (c) of this section, all partners are

liable jointly and severally for all debts, obligations, and other liabilities of the partnership unless

otherwise agreed by the claimant or provided by law.

     (b) A person that becomes a partner is not personally liable for a debt, obligation, or other

liability of the partnership incurred before the person became a partner.

     (c) A debt, obligation, or other liability of a partnership incurred while the partnership is a

limited-liability partnership is solely the debt, obligation, or other liability of the limited-liability

partnership. A partner is not personally liable, directly or indirectly, by way of contribution or

otherwise, for a debt, obligation, or other liability of the limited-liability partnership solely by

reason of being or acting as a partner. This subsection applies:

     (1) Despite anything inconsistent in the partnership agreement that existed immediately

before the vote or consent required to become a limited-liability partnership under § 7-12.1-901(b);

and

     (2) Regardless of the dissolution of the limited-liability partnership.

     (d) The failure of a limited-liability partnership to observe formalities relating to the

exercise of its powers or management of its business is not a ground for imposing liability on a

partner for a debt, obligation, or other liability of the partnership.

     (e) The cancellation or administrative revocation of a limited-liability partnership's

statement of qualification does not affect the limitation in this section on the liability of a partner

for a debt, obligation, or other liability of the partnership incurred while the statement was in effect.


 

 

 

 

135)

Section

Added Chapter Numbers:

 

7-12.1-307

123 and 124

 

 

7-12.1-307. Actions by and against partnership and partners.

     (a) A partnership may sue and be sued in the name of the partnership.

     (b) To the extent not inconsistent with § 7-12.1-306, a partner may be joined in an action

against the partnership or named in a separate action.

     (c) A judgment against a partnership is not by itself a judgment against a partner. A

judgment against a partnership may not be satisfied from a partner's assets unless there is also a

judgment against the partner.

     (d) A judgment creditor of a partner may not levy execution against the assets of the partner

to satisfy a judgment based on a claim against the partnership unless the partner is personally liable

for the claim under § 7-12.1-306 and:

     (1) A judgment based on the same claim has been obtained against the partnership and a

writ of execution on the judgment has been returned unsatisfied in whole or in part;

     (2) The partnership is a debtor in bankruptcy;

     (3) The partner has agreed that the creditor need not exhaust partnership assets;

     (4) A court grants permission to the judgment creditor to levy execution against the assets

of a partner based on a finding that partnership assets subject to execution are clearly insufficient

to satisfy the judgment, that exhaustion of partnership assets is excessively burdensome, or that the

grant of permission is an appropriate exercise of the court's equitable powers; or

     (5) Liability is imposed on the partner by law or contract independent of the existence of

the partnership.

     (e) This section applies to any debt, liability, or other obligation of a partnership which

results from a representation by a partner or purported partner under § 7-12.1-308.


 

 

 

136)

Section

Added Chapter Numbers:

 

7-12.1-308

123 and 124

 

 

7-12.1-308. Liability of purported partner.

     (a) If a person, by words or conduct, purports to be a partner, or consents to being

represented by another as a partner, in a partnership or with one or more persons not partners, the

purported partner is liable to a person to whom the representation is made, if that person, relying

on the representation, enters into a transaction with the actual or purported partnership. If the

representation, either by the purported partner or by a person with the purported partner's consent,

is made in a public manner, the purported partner is liable to a person who relies upon the purported

partnership even if the purported partner is not aware of being held out as a partner to the claimant.

If partnership liability results, the purported partner is liable with respect to that liability as if the

purported partner were a partner. If no partnership liability results, the purported partner is liable

with respect to that liability jointly and severally with any other person consenting to the

representation.

     (b) If a person is thus represented to be a partner in an existing partnership, or with one or

more persons not partners, the purported partner is an agent of persons consenting to the

representation to bind them to the same extent and in the same manner as if the purported partner

were a partner with respect to persons who enter into transactions in reliance upon the

representation. If all the partners of the existing partnership consent to the representation, a

partnership act or obligation results. If fewer than all the partners of the existing partnership consent

to the representation, the person acting and the partners consenting to the representation are jointly

and severally liable.

     (c) A person is not liable as a partner merely because the person is named by another as a

partner in a statement of partnership authority.

     (d) A person does not continue to be liable as a partner merely because of a failure to file

a statement of dissociation or to amend a statement of partnership authority to indicate the person's

dissociation as a partner.

     (e) Except as otherwise provided in subsections (a) and (b) of this section, persons who are

not partners as to each other are not liable as partners to other persons.


 

 

 

137)

Section

Added Chapter Numbers:

 

7-12.1-Art. 4

123 and 124

 

 

7-12.1-ARTICLE 4-RELATIONS OF PARTNERS TO EACH OTHER AND TO

PARTNERSHIP


 

 

 

 

138)

Section

Added Chapter Numbers:

 

7-12.1-401

123 and 124

 

 

7-12.1-401. Partner's rights and duties.

     (a) Each partner is entitled to an equal share of the partnership distributions and, except in

the case of a limited-liability partnership, is chargeable with a share of the partnership losses in

proportion to the partner's share of the distributions.

     (b) A partnership shall reimburse a partner for any payment made by the partner in the

course of the partner's activities on behalf of the partnership, if the partner complied with this

section and § 7-12.1-409 in making the payment.

     (c) A partnership shall indemnify and hold harmless a person with respect to any claim or

demand against the person and any debt, obligation, or other liability incurred by the person by

reason of the person's former or present capacity as a partner, if the claim, demand, debt, obligation,

or other liability does not arise from the person's breach of this section or §§ 7-12.1-407 or 7-12.1-

409.

     (d) In the ordinary course of its business, a partnership may advance reasonable expenses,

including attorneys' fees and costs, incurred by a person in connection with a claim or demand

against the person by reason of the person's former or present capacity as a partner, if the person

promises to repay the partnership if the person ultimately is determined not to be entitled to be

indemnified under subsection (c) of this section.

     (e) A partnership may purchase and maintain insurance on behalf of a partner against

liability asserted against or incurred by the partner in that capacity or arising from that status even

if, under § 7-12.1-105(c)(7), the partnership agreement could not eliminate or limit the person's

liability to the partnership for the conduct giving rise to the liability.

     (f) A partnership shall reimburse a partner for an advance to the partnership beyond the

amount of capital the partner agreed to contribute.

     (g) A payment or advance made by a partner which gives rise to a partnership obligation

under subsections subsection (b) or (f) of this section constitutes a loan to the partnership which

accrues interest from the date of the payment or advance.

     (h) Each partner has equal rights in the management and conduct of the partnership's

business.

     (i) A partner may use or possess partnership property only on behalf of the partnership.

     (j) A partner is not entitled to remuneration for services performed for the partnership,

except for reasonable compensation for services rendered in winding up the business of the

partnership.

     (k) A difference arising as to a matter in the ordinary course of business of a partnership

may be decided by a majority of the partners. An act outside the ordinary course of business of a

partnership and an amendment to the partnership agreement may be undertaken only with the

affirmative vote or consent of all the partners.


 

 

 

 

139)

Section

Added Chapter Numbers:

 

7-12.1-402

123 and 124

 

 

7-12.1-402. Becoming partner.

     (a) Upon formation of a partnership, a person becomes a partner under § 7-12.1-202(a).

     (b) After formation of a partnership, a person becomes a partner:

     (1) As provided in the partnership agreement;

     (2) As a result of a transaction effective under Article 11 of this chapter; or

     (3) With the affirmative vote or consent of all the partners.

     (c) A person may become a partner without:

     (1) Acquiring a transferable interest; or

     (2) Making or being obligated to make a contribution to the partnership.


 

 

 

140)

Section

Added Chapter Numbers:

 

7-12.1-403

123 and 124

 

 

7-12.1-403. Form of contribution.

     A contribution may consist of property transferred to, services performed for, or another

benefit provided to the partnership or an agreement to transfer property to, perform services for, or

provide another benefit to the partnership.


 

 

 

141)

Section

Added Chapter Numbers:

 

7-12.1-404

123 and 124

 

 

7-12.1-404. Liability for contribution.

     (a) A person's obligation to make a contribution to a partnership is not excused by the

person's death, disability, termination, or other inability to perform personally.

     (b) If a person does not fulfill an obligation to make a contribution other than money, the

person is obligated at the option of the partnership to contribute money equal to the value of the

part of the contribution which has not been made.

     (c) The obligation of a person to make a contribution may be compromised only by the

affirmative vote or consent of all the partners. If a creditor of a limited-liability partnership extends

credit or otherwise acts in reliance on an obligation described in subsection (a) of this section

without knowledge or notice of a compromise under this subsection, the creditor may enforce the

obligation.


 

 

 

142)

Section

Added Chapter Numbers:

 

7-12.1-405

123 and 124

 

 

7-12.1-405. Sharing of and right to distributions before dissolution.

     (a) Any distribution made by a partnership before its dissolution and winding up must be

in equal shares among partners, except to the extent necessary to comply with a transfer effective

under § 7-12.1-503 or charging order in effect under § 7-12.1-504.

     (b) Subject to § 7-12.1-701, a person has a right to a distribution before the dissolution and

winding up of a partnership only if the partnership decides to make an interim distribution.

     (c) A person does not have a right to demand or receive a distribution from a partnership

in any form other than money. Except as otherwise provided in § 7-12.1-806, a partnership may

distribute an asset in kind only if each part of the asset is fungible with each other part and each

person receives a percentage of the asset equal in value to the person's share of distributions.

     (d) If a partner or transferee becomes entitled to receive a distribution, the partner or

transferee has the status of, and is entitled to all remedies available to, a creditor of the partnership

with respect to the distribution. However, the partnership's obligation to make a distribution is

subject to offset for any amount owed to the partnership by the partner or a person dissociated as

partner on whose account the distribution is made.


 

 

 

 

143)

Section

Added Chapter Numbers:

 

7-12.1-406

123 and 124

 

 

7-12.1-406. Limitations on distributions by limited-liability partnership.

     (a) A limited-liability partnership may not make a distribution, including a distribution

under § 7-12.1-806, if after the distribution:

     (1) The partnership would not be able to pay its debts as they become due in the ordinary

course of the partnership's business; or

     (2) The partnership's total assets would be less than the sum of its total liabilities plus the

amount that would be needed, if the partnership were to be dissolved and wound up at the time of

the distribution, to satisfy the preferential rights upon dissolution and winding up of partners and

transferees whose preferential rights are superior to the rights of persons receiving the distribution.

     (b) A limited-liability partnership may base a determination that a distribution is not

prohibited under subsection (a) of this section on:

     (1) Financial statements prepared on the basis of accounting practices and principles that

are reasonable in the circumstances; or

     (2) A fair valuation or other method that is reasonable under the circumstances.

     (c) Except as otherwise provided in subsection (e) of this section, the effect of a distribution

under subsection (a) of this section is measured:

     (1) In the case of a distribution as defined in § 7-12.1-102(4)(i) 7-12.1-102(5)(i), as of the

earlier of:

     (i) The date money or other property is transferred or debt is incurred by the limited-

liability partnership; or

     (ii) The date the person entitled to the distribution ceases to own the interest or rights being

acquired by the partnership in return for the distribution;

     (2) In the case of any other distribution of indebtedness, as of the date the indebtedness is

distributed; and

     (3) In all other cases, as of the date:

     (i) The distribution is authorized, if the payment occurs not later than one hundred twenty

(120) days after that date; or

     (ii) The payment is made, if the payment occurs more than one hundred twenty (120) days

after the distribution is authorized.

     (d) A limited-liability partnership's indebtedness to a partner or transferee incurred by

reason of a distribution made in accordance with this section is at parity with the partnership's

indebtedness to its general, unsecured creditors, except to the extent subordinated by agreement.

     (e) A limited-liability partnership's indebtedness, including indebtedness issued as a

distribution, is not a liability for purposes of subsection (a) of this section if the terms of the

indebtedness provide that payment of principal and interest is made only if and to the extent that a

payment of a distribution could then be made under this section. If the indebtedness is issued as a

distribution, each payment of principal or interest is treated as a distribution, the effect of which is

measured on the date the payment is made.

     (f) In measuring the effect of a distribution under § 7-12.1-806, the liabilities of a dissolved

limited-liability partnership do not include any claim that has been disposed of under §§ 7-12.1-

807, 7-12.1-808, or 7-12.1-809.


 

 

 

 

 

144)

Section

Added Chapter Numbers:

 

7-12.1-407

123 and 124

 

 

7-12.1-407. Liability for improper distributions by limited-liability partnership.

     (a) Except as otherwise provided in subsection (b) of this section, if a partner of a limited-

liability partnership consents to a distribution made in violation of § 7-12.1-406 and in consenting

to the distribution fails to comply with § 7-12.1-409, the partner is personally liable to the

partnership for the amount of the distribution which exceeds the amount that could have been

distributed without the violation of § 7-12.1-406.

     (b) To the extent the partnership agreement of a limited-liability partnership expressly

relieves a partner of the authority and responsibility to consent to distributions and imposes that

authority and responsibility on one or more other partners, the liability stated in subsection (a) of

this section applies to the other partners and not to the partner that the partnership agreement

relieves of the authority and responsibility.

     (c) A person that receives a distribution knowing that the distribution violated § 7-12.1-

406 is personally liable to the limited-liability partnership but only to the extent that the distribution

received by the person exceeded the amount that could have been properly paid under § 7-12.1-

406.

     (d) A person against which an action is commenced because the person is liable under

subsection (a) of this section may:

     (1) Implead any other person that is liable under subsection (a) of this section and seek to

enforce a right of contribution from the person; and

     (2) Implead any person that received a distribution in violation of subsection (c) of this

section and seek to enforce a right of contribution from the person in the amount the person received

in violation of subsection (c) of this section.

     (e) An action under this section is barred unless commenced not later than two (2) years

after the distribution.


 

 

 

 

145)

Section

Added Chapter Numbers:

 

7-12.1-408

123 and 124

 

 

7-12.1-408. Rights to information of partners and persons dissociated as partner.

     (a) A partnership shall keep its books and records, if any, at its principal office.

     (b) On reasonable notice, a partner may inspect and copy during regular business hours, at

a reasonable location specified by the partnership, any record maintained by the partnership

regarding the partnership's business, financial condition, and other circumstances, to the extent the

information is material to the partner's rights and duties under the partnership agreement or this

chapter.

     (c) The partnership shall furnish to each partner:

     (1) Without demand, any information concerning the partnership's business, financial

condition, and other circumstances which the partnership knows and is material to the proper

exercise of the partner's rights and duties under the partnership agreement or this chapter, except to

the extent the partnership can establish that it reasonably believes the partner already knows the

information; and

     (2) On demand, any other information concerning the partnership's business, financial

condition, and other circumstances, except to the extent the demand or the information demanded

is unreasonable or otherwise improper under the circumstances.

     (d) The duty to furnish information under subsection (c) of this section also applies to each

partner to the extent the partner knows any of the information described in subsection (c) of this

section.

     (e) Subject to subsection (j) of this section, on ten (10) days' demand made in a record

received by a partnership, a person dissociated as a partner may have access to information to which

the person was entitled while a partner if:

     (1) The information pertains to the period during which the person was a partner;

     (2) The person seeks the information in good faith; and

     (3) The person satisfies the requirements imposed on a partner by subsection (b) of this

section.

     (f) Not later than ten (10) days after receiving a demand under subsection (e) of this section,

the partnership in a record shall inform the person that made the demand of:

     (1) The information that the partnership will provide in response to the demand and when

and where the partnership will provide the information; and

     (2) The partnership's reasons for declining, if the partnership declines to provide any

demanded information.

     (g) A partnership may charge a person that makes a demand under this section the

reasonable costs of copying, limited to the costs of labor and material.

     (h) A partner or person dissociated as a partner may exercise the rights under this section

through an agent or, in the case of an individual under legal disability, a legal representative. Any

restriction or condition imposed by the partnership agreement or under subsection (j) of this section

applies both to the agent or legal representative and to the partner or person dissociated as a partner.

     (i) Subject to § 7-12.1-505, the rights under this section do not extend to a person as

transferee.

     (j) In addition to any restriction or condition stated in its partnership agreement, a

partnership, as a matter within the ordinary course of its business, may impose reasonable

restrictions and conditions on access to and use of information to be furnished under this section,

including designating information confidential and imposing nondisclosure and safeguarding

obligations on the recipient. In a dispute concerning the reasonableness of a restriction under this

subsection, the partnership has the burden of proving reasonableness.


 

 

 

146)

Section

Added Chapter Numbers:

 

7-12.1-409

123 and 124

 

 

7-12.1-409. Standards of conduct for partners.

     (a) A partner owes to the partnership and the other partners the duties of loyalty and care

stated in subsections (b) and (c) of this section.

     (b) The fiduciary duty of loyalty of a partner includes the duties:

     (1) To account to the partnership and hold as trustee for it any property, profit, or benefit

derived by the partner:

     (i) In the conduct or winding up of the partnership's business;

     (ii) From a use by the partner of the partnership's property; or

     (iii) From the appropriation of a partnership opportunity;

     (2) To refrain from dealing with the partnership in the conduct or winding up of the

partnership business as or on behalf of a person having an interest adverse to the partnership; and

     (3) To refrain from competing with the partnership in the conduct of the partnership's

business before the dissolution of the partnership.

     (c) The duty of care of a partner in the conduct or winding up of the partnership business

is to refrain from engaging in grossly negligent or reckless conduct, willful or intentional

misconduct, or a knowing violation of law.

     (d) A partner shall discharge the duties and obligations under this chapter or under the

partnership agreement and exercise any rights consistently with the contractual obligation of good

faith and fair dealing.

     (e) A partner does not violate a duty or obligation under this chapter or under the

partnership agreement solely because the partner's conduct furthers the partner's own interest.

     (f) All the partners may authorize or ratify, after full disclosure of all material facts, a

specific act or transaction by a partner that otherwise would violate the duty of loyalty.

     (g) It is a defense to a claim under subsection (b)(2) of this section and any comparable

claim in equity or at common law that the transaction was fair to the partnership.

     (h) If, as permitted by subsection (f) of this section or the partnership agreement, a partner

enters into a transaction with the partnership which otherwise would be prohibited by subsection

(b)(2) of this section, the partner's rights and obligations arising from the transaction are the same

as those of a person that is not a partner.


 

 

 

 

147)

Section

Added Chapter Numbers:

 

7-12.1-410

123 and 124

 

 

7-12.1-410. Actions by partnership and partners.

     (a) A partnership may maintain an action against a partner for a breach of the partnership

agreement, or for the violation of a duty to the partnership, causing harm to the partnership.

     (b) A partner may maintain an action against the partnership or another partner, with or

without an accounting as to partnership business, to enforce the partner's rights and protect the

partner's interests, including rights and interests under the partnership agreement or this chapter or

arising independently of the partnership relationship.

     (c) A right to an accounting on dissolution and winding up does not revive a claim barred

by law.


 

 

 

148)

Section

Added Chapter Numbers:

 

7-12.1-411

123 and 124

 

 

7-12.1-411. Continuation of partnership beyond definite term or particular

undertaking.

     (a) If a partnership for a definite term or particular undertaking is continued, without an

express agreement, after the expiration of the term or completion of the undertaking, the rights and

duties of the partners remain the same as they were at the expiration or completion, so far as is

consistent with a partnership at will.

     (b) If the partners, or those of them who habitually acted in the business during the term or

undertaking, continue the business without any settlement or liquidation of the partnership, they

are presumed to have agreed that the partnership will continue


 

 

 

149)

Section

Added Chapter Numbers:

 

7-12.1-Art. 5

123 and 124

 

 

7-12.1-ARTICLE 5-TRANSFERABLE INTERESTS AND RIGHTS OF

TRANSFEREES AND CREDITORS


 

 

 

 

150)

Section

Added Chapter Numbers:

 

7-12.1-501

123 and 124

 

 

7-12.1-501. Partner not co-owner of partnership property.

     A partner is not a co-owner of partnership property and has no interest in partnership

property which can be transferred, either voluntarily or involuntarily.


 

 

 

 

151)

Section

Added Chapter Numbers:

 

7-12.1-502

123 and 124

 

 

7-12.1-502. Nature of transferable interest.

     A transferable interest is personal property.


 

 

 

152)

Section

Added Chapter Numbers:

 

7-12.1-503

123 and 124

 

 

7-12.1-503. Transfer of transferable interest.

     (a) A transfer, in whole or in part, of a transferable interest:

     (1) Is permissible;

     (2) Does not by itself cause a person's dissociation as a partner or a dissolution and winding

up of the partnership business; and

     (3) Subject to § 7-12.1-505, does not entitle the transferee to:

     (i) Participate in the management or conduct of the partnership's business; or

     (ii) Except as otherwise provided in subsection (c) of this section, have access to records

or other information concerning the partnership's business.

     (b) A transferee has the right to:

     (1) Receive, in accordance with the transfer, distributions to which the transferor would

otherwise be entitled; and

     (2) Seek under § 7-12.1-801(5) a judicial determination that it is equitable to wind up the

partnership business.

     (c) In a dissolution and winding up of a partnership, a transferee is entitled to an account

of the partnership's transactions only from the date of dissolution.

     (d) A partnership need not give effect to a transferee's rights under this section until the

partnership knows or has notice of the transfer.

     (e) A transfer of a transferable interest in violation of a restriction on transfer contained in

the partnership agreement is ineffective if the intended transferee has knowledge or notice of the

restriction at the time of transfer.

     (f) Except as otherwise provided in § 7-12.1-601(4)(ii), if a partner transfers a transferable

interest, the transferor retains the rights of a partner other than the transferable interest transferred

and retains all the duties and obligations of a partner.

     (g) If a partner transfers a transferable interest to a person that becomes a partner with

respect to the transferred interest, the transferee is liable for the partner's obligations under §§ 7-

12.1-404 and 7-12.1-407 known to the transferee when the transferee becomes a partner.


 

 

 

153)

Section

Added Chapter Numbers:

 

7-12.1-504

123 and 124

 

 

7-12.1-504. Charging order.

     (a) On application by a judgment creditor of a partner or transferee, a court may enter a

charging order against the transferable interest of the judgment debtor for the unsatisfied amount

of the judgment. A charging order constitutes a lien on a judgment debtor's transferable interest and

requires the partnership to pay over to the person to which the charging order was issued any

distribution that otherwise would be paid to the judgment debtor.

     (b) To the extent necessary to effectuate the collection of distributions pursuant to a

charging order in effect under subsection (a) of this section, the court may:

     (1) Appoint a receiver of the distributions subject to the charging order, with the power to

make all inquiries the judgment debtor might have made; and

     (2) Make all other orders necessary to give effect to the charging order.

     (c) Upon a showing that distributions under a charging order will not pay the judgment

debt within a reasonable time, the court may foreclose the lien and order the sale of the transferable

interest. The purchaser at the foreclosure sale obtains only the transferable interest, does not thereby

become a partner, and is subject to § 7-12.1-503.

     (d) At any time before foreclosure under subsection (c) of this section, the partner or

transferee whose transferable interest is subject to a charging order under subsection (a) of this

section may extinguish the charging order by satisfying the judgment and filing a certified copy of

the satisfaction with the court that issued the charging order.

     (e) At any time before foreclosure under subsection (c) of this section, a partnership or one

or more partners whose transferable interests are not subject to the charging order may pay to the

judgment creditor the full amount due under the judgment and thereby succeed to the rights of the

judgment creditor, including the charging order.

     (f) This chapter does not deprive any partner or transferee of the benefit of any exemption

law applicable to the transferable interest of the partner or transferee.

     (g) This section provides the exclusive remedy by which a person seeking in the capacity

of a judgment creditor to enforce a judgment against a partner or transferee may satisfy the

judgment from the judgment debtor's transferable interest.


 

 

 

 

154)

Section

Added Chapter Numbers:

 

7-12.1-505

123 and 124

 

 

7-12.1-505. Power of legal representative of deceased partner.

     If a partner dies, the deceased partner's legal representative may exercise:

     (1) The rights of a transferee provided in § 7-12.1-503(c); and

     (2) For purposes of settling the estate, the rights the deceased partner had under § 7-12.1-

408.


 

 

 

 

155)

Section

Added Chapter Numbers:

 

7-12.1-Art. 6

123 and 124

 

 

7-12.1-ARTICLE 6-DISSOCIATION


 

 

 

156)

Section

Added Chapter Numbers:

 

7-12.1-601

123 and 124

 

 

7-12.1-601. Events causing dissociation.

     A person is dissociated as a partner when:

     (1) The partnership knows or has notice of the person's express will to withdraw as a

partner, but, if the person has specified a withdrawal date later than the date the partnership knew

or had notice, on that later date;

     (2) An event stated in the partnership agreement as causing the person's dissociation occurs;

     (3) The person is expelled as a partner pursuant to the partnership agreement;

     (4) The person is expelled as a partner by the affirmative vote or consent of all the other

partners if:

     (i) It is unlawful to carry on the partnership business with the person as a partner;

     (ii) There has been a transfer of all of the person's transferable interest in the partnership,

other than:

     (A) A transfer for security purposes; or

     (B) A charging order in effect under § 7-12.1-504 which has not been foreclosed;

     (iii) The person is an entity and:

     (A) The partnership notifies the person that it will be expelled as a partner because the

person has filed a statement of dissolution or the equivalent, the person has been administratively

dissolved, the person's charter or the equivalent has been revoked, or the person's right to conduct

business has been suspended by the person's jurisdiction of formation; and

     (B) Not later than ninety (90) days after the notification, the statement of dissolution or the

equivalent has not been withdrawn, rescinded, or revoked, or the person's charter or the equivalent

or right to conduct business has not been reinstated; or

     (iv) The person is an unincorporated entity that has been dissolved and whose activities

and affairs are being wound up;

     (5) On application by the partnership or another partner, the person is expelled as a partner

by judicial order because the person:

     (i) Has engaged or is engaging in wrongful conduct that has affected adversely and

materially, or will affect adversely and materially, the partnership's business;

     (ii) Has committed willfully or persistently, or is committing willfully or persistently, a

material breach of the partnership agreement or a duty or obligation under § 7-12.1-409; or

     (iii) Has engaged or is engaging in conduct relating to the partnership's business which

makes it not reasonably practicable to carry on the business with the person as a partner;

     (6) The person:

     (i) Becomes a debtor in bankruptcy;

     (ii) Signs an assignment for the benefit of creditors; or

     (iii) Seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator

of the person or of all or substantially all the person's property;

     (7) In the case of an individual:

     (i) The individual dies;

     (ii) A guardian or general conservator for the individual is appointed; or

     (iii) A court orders that the individual has otherwise become incapable of performing the

individual's duties as a partner under this chapter or the partnership agreement;

     (8) In the case of a person that is a testamentary or inter vivos trust or is acting as a partner

by virtue of being a trustee of such a trust, the trust's entire transferable interest in the partnership

is distributed;

     (9) In the case of a person that is an estate or is acting as a partner by virtue of being a

personal representative of an estate, the estate's entire transferable interest in the partnership is

distributed;

     (10) In the case of a person that is not an individual, the existence of the person terminates;

     (11) The partnership participates in a merger under Article 11 of this chapter and:

     (i) The partnership is not the surviving entity; or

     (ii) Otherwise as a result of the merger, the person ceases to be a partner;

     (12) The partnership participates in an interest exchange under Article 11 of this chapter

and, as a result of the interest exchange, the person ceases to be a partner;

     (13) The partnership participates in a conversion under Article 11 of this chapter;

     (14) The partnership participates in a domestication under Article 11 of this chapter and,

as a result of the domestication, the person ceases to be a partner; or

     (15) The partnership dissolves and completes winding up.


 

 

 

 

157)

Section

Added Chapter Numbers:

 

7-12.1-602

123 and 124

 

 

7-12.1-602. Power to dissociate as partner -- Wrongful dissociation.

     (a) A person has the power to dissociate as a partner at any time, rightfully or wrongfully,

by withdrawing as a partner by express will under § 7-12.1-601(1).

     (b) A person's dissociation as a partner is wrongful only if the dissociation:

     (1) Is in breach of an express provision of the partnership agreement; or

     (2) In the case of a partnership for a definite term or particular undertaking, occurs before

the expiration of the term or the completion of the undertaking and:

     (i) The person withdraws as a partner by express will, unless the withdrawal follows not

later than ninety (90) days after another person's dissociation by death or otherwise under §§ 7-

12.1-601(6) through 7-12.1-601(10) or wrongful dissociation under this subsection;

     (ii) The person is expelled as a partner by judicial order under § 7-12.1-601(5);

     (iii) The person is dissociated under § 7-12.1-601(6); or

     (iv) In the case of a person that is not a trust other than a business trust, an estate, or an

individual, the person is expelled or otherwise dissociated because it willfully dissolved or

terminated.

     (c) A person that wrongfully dissociates as a partner is liable to the partnership and to the

other partners for damages caused by the dissociation. The liability is in addition to any debt,

obligation, or other liability of the partner to the partnership or the other partners.


 

 

 

158)

Section

Added Chapter Numbers:

 

7-12.1-603

123 and 124

 

 

7-12.1-603. Effect of dissociation.

     (a) If a person's dissociation results in a dissolution and winding up of the partnership

business, Article 8 of this chapter applies; otherwise, Article 7 of this chapter applies.

     (b) If a person is dissociated as a partner:

     (1) The person's right to participate in the management and conduct of the partnership's

business terminates, except as otherwise provided in § 7-12.1-802(c); and

     (2) The person's duties and obligations under § 7-12.1-409 end with regard to matters

arising and events occurring after the person's dissociation, except to the extent the partner

participates in winding up the partnership's business pursuant to § 7-12.1-802.

     (c) A person's dissociation does not of itself discharge the person from any debt, obligation,

or other liability to the partnership or the other partners which the person incurred while a partner.


 

 

 

159)

Section

Added Chapter Numbers:

 

7-12.1-Art. 7

123 and 124

 

 

7-12.1-ARTICLE 7-PERSON'S DISSOCIATION AS A PARTNER WHEN 

BUSINESS NOT WOUND UP


 

 

 

160)

Section

Added Chapter Numbers:

 

7-12.1-701

123 and 124

 

 

7-12.1-701. Purchase of interest of person dissociated as partner.

     (a) If a person is dissociated as a partner without the dissociation resulting in a dissolution

and winding up of the partnership business under § 7-12.1-801, the partnership shall cause the

person's interest in the partnership to be purchased for a buyout price determined pursuant to

subsection (b) of this section.

     (b) The buyout price of the interest of a person dissociated as a partner is the amount that

would have been distributable to the person under § 7-12.1-806(b) if, on the date of dissociation,

the assets of the partnership were sold and the partnership were wound up, with the sale price equal

to the greater of:

     (1) The liquidation value; or

     (2) The value based on a sale of the entire business as a going concern without the person.

     (c) Interest accrues on the buyout price from the date of dissociation to the date of payment,

but damages for wrongful dissociation under § 7-12.1-602(b), and all other amounts owing,

whether or not presently due, from the person dissociated as a partner to the partnership, must be

offset against the buyout price.

     (d) A partnership shall defend, indemnify, and hold harmless a person dissociated as a

partner whose interest is being purchased against all partnership liabilities, whether incurred before

or after the dissociation, except liabilities incurred by an act of the person under § 7-12.1-702.

     (e) If no agreement for the purchase of the interest of a person dissociated as a partner is

reached not later than one hundred twenty (120) days after a written demand for payment, the

partnership shall pay, or cause to be paid, in money to the person the amount the partnership

estimates to be the buyout price and accrued interest, reduced by any offsets and accrued interest

under subsection (c) of this section.

     (f) If a deferred payment is authorized under subsection (h) of this section, the partnership

may tender a written offer to pay the amount it estimates to be the buyout price and accrued interest,

reduced by any offsets under subsection (c) of this section, stating the time of payment, the amount

and type of security for payment, and the other terms and conditions of the obligation.

     (g) The payment or tender required by subsections subsection (e) or (f) of this section must

be accompanied by the following:

     (1) A statement of partnership assets and liabilities as of the date of dissociation;

     (2) The latest available partnership balance sheet and income statement, if any;

     (3) An explanation of how the estimated amount of the payment was calculated; and

     (4) Written notice that the payment is in full satisfaction of the obligation to purchase

unless, not later than one hundred twenty (120) days after the written notice, the person dissociated

as a partner commences an action to determine the buyout price, any offsets under subsection (c)

of this section, or other terms of the obligation to purchase.

     (h) A person that wrongfully dissociates as a partner before the expiration of a definite term

or the completion of a particular undertaking is not entitled to payment of any part of the buyout

price until the expiration of the term or completion of the undertaking, unless the person establishes

to the satisfaction of the court that earlier payment will not cause undue hardship to the business of

the partnership. A deferred payment must be adequately secured and bear interest.

     (i) A person dissociated as a partner may maintain an action against the partnership,

pursuant to § 7-12.1-410(b)(2), to determine the buyout price of that person's interest, any offsets

under subsection (c) of this section, or other terms of the obligation to purchase. The action must

be commenced not later than one hundred twenty (120) days after the partnership has tendered

payment or an offer to pay or within one year after written demand for payment if no payment or

offer to pay is tendered. The court shall determine the buyout price of the person's interest, any

offset due under subsection (c) of this section, and accrued interest, and enter judgment for any

additional payment or refund. If deferred payment is authorized under subsection (h) of this section,

the court shall also determine the security for payment and other terms of the obligation to purchase.

The court may assess reasonable attorneys' fees and the fees and expenses of appraisers or other

experts for a party to the action, in amounts the court finds equitable, against a party that the court

finds acted arbitrarily, vexatiously, or not in good faith. The finding may be based on the

partnership's failure to tender payment or an offer to pay or to comply with subsection (g) of this

section.


 

 

 

161)

Section

Added Chapter Numbers:

 

7-12.1-702

123 and 124

 

 

7-12.1-702. Power to bind and liability of person dissociated as partner.

     (a) After a person is dissociated as a partner without the dissociation resulting in a

dissolution and winding up of the partnership business and before the partnership is merged out of

existence, converted, or domesticated under Article 11, or dissolved, the partnership is bound by

an act of the person only if:

     (1) The act would have bound the partnership under § 7-12.1-301 before dissociation; and

     (2) At the time the other party enters into the transaction:

     (i) Less than two (2) years has passed since the dissociation; and

     (ii) The other party does not know or have notice of the dissociation and reasonably

believes that the person is a partner.

     (b) If a partnership is bound under subsection (a) of this section, the person dissociated as

a partner which caused the partnership to be bound is liable:

     (1) To the partnership for any damage caused to the partnership arising from the obligation

incurred under subsection (a) of this section; and

     (2) If a partner or another person dissociated as a partner is liable for the obligation, to the

partner or other person for any damage caused to the partner or other person arising from the

liability.


 

 

 

 

162)

Section

Added Chapter Numbers:

 

7-12.1-703

123 and 124

 

 

7-12.1-703. Liability of person dissociated as partner to other persons.

     (a) Except as otherwise provided in subsection (b) of this section, a person dissociated as

a partner is not liable for a partnership obligation incurred after dissociation.

     (b) A person that is dissociated as a partner is liable on a transaction entered into by the

partnership after the dissociation only if:

     (1) A partner would be liable on the transaction; and

     (2) At the time the other party enters into the transaction:

     (i) Less than two (2) years has passed since the dissociation; and

     (ii) The other party does not have knowledge or notice of the dissociation and reasonably

believes that the person is a partner.

     (c) By agreement with a creditor of a partnership and the partnership, a person dissociated

as a partner may be released from liability for a debt, obligation, or other liability of the partnership.

     (d) A person dissociated as a partner is released from liability for a debt, obligation, or

other liability of the partnership if the partnership's creditor, with knowledge or notice of the

person's dissociation but without the person's consent, agrees to a material alteration in the nature

or time of payment of the debt, obligation, or other liability.


 

 

 

163)

Section

Added Chapter Numbers:

 

7-12.1-704

123 and 124

 

 

7-12.1-704. Statement of dissociation.

     (a) A person dissociated as a partner or the partnership may deliver to the secretary of state

for filing a statement of dissociation stating the name of the partnership and that the person has

dissociated from the partnership.

     (b) A statement of dissociation is a limitation on the authority of a person dissociated as a

partner for the purposes of § 7-12.1-303.


 

 

 

 

164)

Section

Added Chapter Numbers:

 

7-12.1-705

123 and 124

 

 

7-12.1-705. Continued use of partnership name.

     Continued use of a partnership name, or the name of a person dissociated as a partner as

part of the partnership name, by partners continuing the business does not of itself make the person

dissociated as a partner liable for an obligation of the partners or the partnership continuing the

business.


 

 

 

165)

Section

Added Chapter Numbers:

 

7-12.1-Art. 8

123 and 124

 

 

7-12.1-ARTICLE 8-DISSOLUTION AND WINDING UP


 

 

 

166)

Section

Added Chapter Numbers:

 

7-12.1-801

123 and 124

 

 

7-12.1-801. Events causing dissolution.

     A partnership is dissolved, and its business must be wound up, upon the occurrence of any

of the following:

     (1) In a partnership at will, the partnership knows or has notice of a person's express will

to withdraw as a partner, other than a partner that has dissociated under §§ 7-12.1-601(2) through

7-12.1-601(10), but, if the person has specified a withdrawal date later than the date the partnership

knew or had notice, on the later date;

     (2) In a partnership for a definite term or particular undertaking:

     (i) Within ninety (90) days after a person's dissociation by death or otherwise under §§ 7-

12.1-601(6) through 7-12.1-601(10) or wrongful dissociation under § 7-12.1-602(b), the

affirmative vote or consent of at least half of the remaining partners to wind up the partnership

business, for which purpose a person's rightful dissociation pursuant to § 7-12.1-602(b)(2)(i)

constitutes that partner's consent to wind up the partnership business;

     (ii) The affirmative vote or consent of all the partners to wind up the partnership business;

or

     (iii) The expiration of the term or the completion of the undertaking;

     (3) An event or circumstance that the partnership agreement states causes dissolution;

     (4) On application by a partner, the entry by the superior court of an order dissolving the

partnership on the grounds that:

     (i) The conduct of all or substantially all the partnership's business is unlawful;

     (ii) The economic purpose of the partnership is likely to be unreasonably frustrated;

     (iii) Another partner has engaged in conduct relating to the partnership business which

makes it not reasonably practicable to carry on the business in partnership with that partner; or

     (iv) It is otherwise not reasonably practicable to carry on the partnership business in

conformity with the partnership agreement;

     (5) On application by a transferee, the entry by the superior court of an order dissolving

the partnership on the ground that it is equitable to wind up the partnership business:

     (i) After the expiration of the term or completion of the undertaking, if the partnership was

for a definite term or particular undertaking at the time of the transfer or entry of the charging order

that gave rise to the transfer; or

     (ii) At any time, if the partnership was a partnership at will at the time of the transfer or

entry of the charging order that gave rise to the transfer; or

     (6) The passage of ninety (90) consecutive days during which the partnership does not have

at least two (2) partners.


 

 

 

 

167)

Section

Added Chapter Numbers:

 

7-12.1-802

123 and 124

 

 

7-12.1-802. Winding up.

     (a) A dissolved partnership shall wind up its business and, except as otherwise provided in

§ 7-12.1-803, the partnership continues after dissolution only for the purpose of winding up.

     (b) In winding up its business, the partnership:

     (1) Shall discharge the partnership's debts, obligations, and other liabilities, settle and close

the partnership's business, and marshal and distribute the assets of the partnership; and

     (2) May:

     (i) Deliver to the secretary of state for filing a statement of dissolution stating the name of

the partnership and that the partnership is dissolved;

     (ii) Preserve the partnership business and property as a going concern for a reasonable time;

     (iii) Prosecute and defend actions and proceedings, whether civil, criminal, or

administrative;

     (iv) Transfer the partnership's property;

     (v) Settle disputes by mediation or arbitration;

     (vi) Deliver to the secretary of state for filing a statement of termination stating the name

of the partnership and that the partnership is terminated; and

     (vii) Perform other acts necessary or appropriate to the winding up.

     (c) A person whose dissociation as a partner resulted in dissolution may participate in

winding up as if still a partner, unless the dissociation was wrongful.

     (d) If a dissolved partnership does not have a partner and no person has the right to

participate in winding up under subsection (c) of this section, the personal or legal representative

of the last person to have been a partner may wind up the partnership's business. If the representative

does not exercise that right, a person to wind up the partnership's business may be appointed by the

affirmative vote or consent of transferees owning a majority of the rights to receive distributions at

the time the consent is to be effective. A person appointed under this subsection has the powers of

a partner under § 7-12.1-804 but is not liable for the debts, obligations, and other liabilities of the

partnership solely by reason of having or exercising those powers or otherwise acting to wind up

the partnership's business.

     (e) On the application of any partner or person entitled under subsection (c) of this section

to participate in winding up, the superior court may order judicial supervision of the winding up of

a dissolved partnership, including the appointment of a person to wind up the partnership's business,

if:

     (1) The partnership does not have a partner and within a reasonable time following the

dissolution no person has been appointed under subsection (d) of this section; or

     (2) The applicant establishes other good cause.


 

 

 

 

168)

Section

Added Chapter Numbers:

 

7-12.1-803

123 and 124

 

 

7-12.1-803. Rescinding dissolution.

     (a) A partnership may rescind its dissolution, unless a statement of termination applicable

to the partnership has become effective or the superior court has entered an order under §§ 7-12.1-

801(4) or 7-12.1-801(5) dissolving the partnership.

     (b) Rescinding dissolution under this section requires:

     (1) The affirmative vote or consent of each partner; and

     (2) If the partnership has filed with the secretary of state a statement of dissolution and:

     (i) The statement has not become effective, delivery to the secretary of state for filing of a

statement of withdrawal under § 7-12.1-115 applicable to the statement of dissolution; or

     (ii) The statement of dissolution has become effective, delivery to the secretary of state for

filing of a statement of rescission stating the name of the partnership and that dissolution has been

rescinded under this section.

     (c) If a partnership rescinds its dissolution:

     (1) The partnership resumes carrying on its business as if dissolution had never occurred;

     (2) Subject to subsection (c)(3) of this section, any liability incurred by the partnership

after the dissolution and before the rescission has become effective is determined as if dissolution

had never occurred; and

     (3) The rights of a third party arising out of conduct in reliance on the dissolution before

the third party knew or had notice of the rescission may not be adversely affected.


 

 

 

 

169

Section

Added Chapter Numbers:

 

7-12.1-804

123 and 124

 

 

7-12.1-804. Power to bind partnership after dissolution.

     (a) A partnership is bound by a partner's act after dissolution which:

     (1) Is appropriate for winding up the partnership business; or

     (2) Would have bound the partnership under § 7-12.1-301 before dissolution if, at the time

the other party enters into the transaction, the other party does not know or have notice of the

dissolution.

     (b) A person dissociated as a partner binds a partnership through an act occurring after

dissolution if:

     (1) At the time the other party enters into the transaction:

     (i) Less than two (2) years has passed since the dissociation; and

     (ii) The other party does not know or have notice of the dissociation and reasonably

believes that the person is a partner; and

     (2) The act:

     (i) Is appropriate for winding up the partnership's business; or

     (ii) Would have bound the partnership under § 7-12.1-301 before dissolution and at the

time the other party enters into the transaction the other party does not know or have notice of the

dissolution.


 

 

 

170)

Section

Added Chapter Numbers:

 

7-12.1-805

123 and 124

 

 

7-12.1-805. Liability after dissolution of partner and person dissociated as partner.

     (a) If a partner having knowledge of the dissolution causes a partnership to incur an

obligation under § 7-12.1-804(a) by an act that is not appropriate for winding up the partnership

business, the partner is liable:

     (1) To the partnership for any damage caused to the partnership arising from the obligation;

and

     (2) If another partner or person dissociated as a partner is liable for the obligation, to that

other partner or person for any damage caused to that other partner or person arising from the

liability.

     (b) Except as otherwise provided in subsection (c) of this section, if a person dissociated

as a partner causes a partnership to incur an obligation under § 7-12.1-804(b), the person is liable:

     (1) To the partnership for any damage caused to the partnership arising from the obligation;

and

     (2) If a partner or another person dissociated as a partner is liable for the obligation, to the

partner or other person for any damage caused to the partner or other person arising from the

obligation.

     (c) A person dissociated as a partner is not liable under subsection (b) of this section if:

     (1) Section 7-12.1-802(c) permits the person to participate in winding up; and

     (2) The act that causes the partnership to be bound under § 7-12.1-804(b) is appropriate for

winding up the partnership's business.


 

 

 

171)

Section

Added Chapter Numbers:

 

7-12.1-806

123 and 124

 

 

7-12.1-806. Disposition of assets in winding up -- When contributions required.

     (a) In winding up its business, a partnership shall apply its assets, including the

contributions required by this section, to discharge the partnership's obligations to creditors,

including partners that are creditors.

     (b) After a partnership complies with subsection (a) of this section, any surplus must be

distributed in the following order, subject to any charging order in effect under § 7-12.1-504:

     (1) To each person owning a transferable interest that reflects contributions made and not

previously returned, an amount equal to the value of the unreturned contributions; and

     (2) Among persons owning transferable interests in proportion to their respective rights to

share in distributions immediately before the dissolution of the partnership.

     (c) If a partnership's assets are insufficient to satisfy all its obligations under subsection (a)

of this section, with respect to each unsatisfied obligation incurred when the partnership was not a

limited-liability partnership, the following rules apply:

     (1) Each person that was a partner when the obligation was incurred and that has not been

released from the obligation under §§ 7-12.1-703(c) and 7-12.1-703(d) shall contribute to the

partnership for the purpose of enabling the partnership to satisfy the obligation. The contribution

due from each of those persons is in proportion to the right to receive distributions in the capacity

of a partner in effect for each of those persons when the obligation was incurred.

     (2) If a person does not contribute the full amount required under subsection (c)(1) of this

section with respect to an unsatisfied obligation of the partnership, the other persons required to

contribute by subsection (c)(1) of this section on account of the obligation shall contribute the

additional amount necessary to discharge the obligation. The additional contribution due from each

of those other persons is in proportion to the right to receive distributions in the capacity of a partner

in effect for each of those other persons when the obligation was incurred.

     (3) If a person does not make the additional contribution required by subsection (c)(2) of

this section, further additional contributions are determined and due in the same manner as provided

in that subsection.

     (d) A person that makes an additional contribution under subsection (c)(2) or (c)(3) of this

section may recover from any person whose failure to contribute under subsection (c)(1) or (c)(2)

of this section necessitated the additional contribution. A person may not recover under this

subsection more than the amount additionally contributed. A person's liability under this subsection

may not exceed the amount the person failed to contribute.

     (e) If a partnership does not have sufficient surplus to comply with subsection (b)(1) of this

section, any surplus must be distributed among the owners of transferable interests in proportion to

the value of the respective unreturned contributions.

     (f) All distributions made under subsections (b) and (c) of this section must be paid in

money.


 

 

 

 

172)

Section

Added Chapter Numbers:

 

7-12.1-807

123 and 124

 

 

7-12.1-807. Known claims against dissolved limited-liability partnership.

     (a) Except as otherwise provided in subsection (d) of this section, a dissolved limited-

liability partnership may give notice of a known claim under subsection (b) of this section, which

has the effect provided in subsection (c) of this section.

     (b) A dissolved limited-liability partnership may in a record notify its known claimants of

the dissolution. The notice must:

     (1) Specify the information required to be included in a claim;

     (2) State that a claim must be in writing and provide a mailing address to which the claim

is to be sent;

     (3) State the deadline for receipt of a claim, which may not be less than one hundred twenty

(120) days after the date the notice is received by the claimant;

     (4) State that the claim will be barred if not received by the deadline; and

     (5) Unless the partnership has been throughout its existence a limited-liability partnership,

state that the barring of a claim against the partnership will also bar any corresponding claim against

any partner or person dissociated as a partner which is based on § 7-12.1-306.

     (c) A claim against a dissolved limited-liability partnership is barred if the requirements of

subsection (b) of this section are met and:

     (1) The claim is not received by the specified deadline; or

     (2) If the claim is timely received but rejected by the limited-liability partnership:

     (i) The partnership causes the claimant to receive a notice in a record stating that the claim

is rejected and will be barred unless the claimant commences an action against the partnership to

enforce the claim not later than ninety (90) days after the claimant receives the notice; and

     (ii) The claimant does not commence the required action not later than ninety (90) days

after the claimant receives the notice.

     (d) This section does not apply to a claim based on an event occurring after the date of

dissolution or a liability that on that date is contingent.


 

 

 

173)

Section

Added Chapter Numbers:

 

7-12.1-808

123 and 124

 

 

7-12.1-808. Other claims against dissolved limited-liability partnership.

     (a) A dissolved limited-liability partnership may publish notice of its dissolution and

request persons having claims against the partnership to present them in accordance with the notice.

     (b) A notice under subsection (a) of this section must:

     (1) Be published at least once in a newspaper of general circulation;

     (2) Describe the information required to be contained in a claim, state that the claim must

be in writing, and provide a mailing address to which the claim is to be sent;

     (3) State that a claim against the partnership is barred unless an action to enforce the claim

is commenced not later than three (3) years after publication of the notice; and

     (4) Unless the partnership has been throughout its existence a limited-liability partnership,

state that the barring of a claim against the partnership will also bar any corresponding claim against

any partner or person dissociated as a partner which is based on § 7-12.1-306.

     (c) If a dissolved limited-liability partnership publishes a notice in accordance with

subsection (b) of this section, the claim of each of the following claimants is barred unless the

claimant commences an action to enforce the claim against the partnership not later than three (3)

years after the publication date of the notice:

     (1) A claimant that did not receive notice in a record under § 7-12.1-807;

     (2) A claimant whose claim was timely sent to the partnership but not acted on; and

     (3) A claimant whose claim is contingent at, or based on an event occurring after, the date

of dissolution.

     (d) A claim not barred under this section or § 7-12.1-807 may be enforced:

     (1) Against a dissolved limited-liability partnership, to the extent of its undistributed assets;

     (2) Except as otherwise provided in § 7-12.1-809, if assets of the partnership have been

distributed after dissolution, against a partner or transferee to the extent of that person's

proportionate share of the claim or of the partnership's assets distributed to the partner or transferee

after dissolution, whichever is less, but a person's total liability for all claims under this subsection

may not exceed the total amount of assets distributed to the person after dissolution; and

     (3) Against any person liable on the claim under §§ 7-12.1-306, 7-12.1-703, and 7-12.1-

805.


 

 

 

 

 

174)

Section

Added Chapter Numbers:

 

7-12.1-809

123 and 124

 

 

7-12.1-809. Court proceedings.

     (a) A dissolved limited-liability partnership that has published a notice under § 7-12.1-808

may file an application with the Providence County superior court for a determination of the amount

and form of security to be provided for payment of claims that are reasonably expected to arise

after the date of dissolution based on facts known to the partnership and:

     (1) At the time of the application:

     (i) Are contingent; or

     (ii) Have not been made known to the partnership; or

     (2) Are based on an event occurring after the date of dissolution.

     (b) Security is not required for any claim that is or is reasonably anticipated to be barred

under § 7-12.1-807.

     (c) Not later than ten (10) days after the filing of an application under subsection (a) of this

section, the dissolved limited-liability partnership shall give notice of the proceeding to each

claimant holding a contingent claim known to the partnership.

     (d) In any proceeding under this section, the court may appoint a guardian ad litem to

represent all claimants whose identities are unknown. The reasonable fees and expenses of the

guardian, including all reasonable expert witness fees, must be paid by the dissolved limited-

liability partnership.

     (e) A dissolved limited-liability partnership that provides security in the amount and form

ordered by the court under subsection (a) of this section satisfies the partnership's obligations with

respect to claims that are contingent, have not been made known to the partnership, or are based on

an event occurring after the date of dissolution, and such claims may not be enforced against a

partner or transferee on account of assets received in liquidation.


 

 

 

 

175)

Section

Added Chapter Numbers:

 

7-12.1-810

123 and 124

 

 

7-12.1-810. Liability of partner and person dissociated as partner when claim against

partnership barred.

     If a claim against a dissolved partnership is barred under §§ 7-12.1-807, 7-12.1-808, or 7-

12.1-809, any corresponding claim under §§ 7-12.1-306, 7-12.1-703, or 7-12.1-805 is also barred.


 

 

 

 

176)

Section

Added Chapter Numbers:

 

7-12.1-Art. 9

123 and 124

 

 

7-12.1-ARTICLE 9-LIMITED-LIABILITY PARTNERSHIP


 

 

 

 

 

 

177)

Section

Added Chapter Numbers:

 

7-12.1-901

123 and 124

 

 

7-12.1-901. Statement of qualification.

     (a) A partnership may become a limited-liability partnership pursuant to this section.

     (b) The terms and conditions on which a partnership becomes a limited-liability partnership

must be approved by the affirmative vote or consent necessary to amend the partnership agreement

except, in the case of a partnership agreement that expressly addresses obligations to contribute to

the partnership, the affirmative vote or consent necessary to amend those provisions.

     (c) After the approval required by subsection (b) of this section, a partnership may become

a limited-liability partnership by delivering to the secretary of state for filing a statement of

qualification. The statement must contain:

     (1) The name of the partnership which must comply with § 7-12.1-902;

     (2) The street and mailing addresses of the partnership's principal office and, if different,

the street address of an office in this state, if any;

     (3) The name and street and mailing addresses in this state of the partnership's registered

agent; and

     (4) A statement that the partnership elects to become a limited-liability partnership.

     (d) A partnership's status as a limited-liability partnership remains effective, regardless of

changes in the partnership, until it is canceled pursuant to subsection (f) of this section or

administratively revoked pursuant to § 7-12.1-903.

     (e) The status of a partnership as a limited-liability partnership and the protection against

liability of its partners for the debts, obligations, or other liabilities of the partnership while it is a

limited-liability partnership is not affected by errors or later changes in the information required to

be contained in the statement of qualification.

     (f) A limited-liability partnership may amend or cancel its statement of qualification by

delivering to the secretary of state for filing a statement of amendment or cancellation. The

statement must be approved by the affirmative vote or consent of all the partners and state the name

of the limited-liability partnership and in the case of:

     (1) An amendment, state the text of the amendment; and

     (2) A cancellation, state that the statement of qualification is canceled.


 

 

 

 

178)

Section

Added Chapter Numbers:

 

7-12.1-902

123 and 124

 

 

7-12.1-902. Permitted names.

     (a) The name of a partnership that is not a limited-liability partnership may not contain the

phrase "Registered Limited-liability Partnership" or "Limited-liability Partnership" or the

abbreviation "R.L.L.P.", "L.L.P.", "RLLP" , or "LLP".

     (b) The name of a limited-liability partnership must contain the phrase "Registered

Limited-liability Partnership" or "Limited-liability Partnership" or the abbreviation "R.L.L.P.",

"L.L.P.", "RLLP", or "LLP".

     (c) The name of a limited-liability partnership, and the name under which a foreign limited-

liability partnership may register to do business in this state, must be distinguishable on the records

of the secretary of state from any:

     (1) Name of an existing person whose formation or qualifications required the filing of a

record by the secretary of state or any name that is filed, reserved, or registered under this title or

as permitted by the laws of this state, subject to the following:

     (i) This provision does not apply if the applicant files with the secretary of state a certified

copy of a final decree of a court of competent jurisdiction establishing the prior right of the

applicant to the use of the name in this state; and

     (ii) The name may be the same as the name of an existing person the certificate of

incorporation or organization of which has been revoked by the secretary of state as permitted by

law, and the revocation has not been withdrawn within one year from the date of the revocation.

     (iii) Words and/or abbreviations that are required by statute to identify the particular type

of business entity shall be disregarded when determining if a name is distinguishable upon the

records of the secretary of state.

     (iv) The secretary of state shall promulgate rules and regulations defining the term

"distinguishable upon the record" for the administration of this chapter.


 

 

 

 

179)

Section

Added Chapter Numbers:

 

7-12.1-902.1

123 and 124

 

 

7-12.1-902.1. Fictitious business name.

     (a) Any domestic or foreign limited-liability partnership formed under the laws of, or

registered to do business in this state may transact business in this state under a fictitious name

provided that it files a fictitious business name statement in accordance with this section prior to

the time it commences to conduct business under the fictitious name.

     (b) A fictitious business name statement shall be filed with the secretary of state, and shall

be signed by a person authorized or required under this chapter to sign a record, and shall state:

     (1) The fictitious business name to be used; and

     (2) The name of the applicant limited-liability partnership or foreign limited-liability

partnership, and the state and date of its formation.

     (c) The fictitious business name statement expires upon the filing of a statement of

abandonment of use of a fictitious business name registered in accordance with this section or upon

the cancellation of the domestic limited-liability partnership or the withdrawal of registration of the

foreign limited-liability partnership.

     (d) The statement of abandonment of use of a fictitious business name under this section

shall be filed with the secretary of state, shall be executed in the same manner provided in

subsection (2) (b) of this section, and shall state:

     (1) The fictitious business name being abandoned;

     (2) The date on which the original fictitious business name statement being abandoned was

filed; and

     (3) The information presented in subsection (b) of this section.

     (e) No domestic or foreign limited-liability partnership transacting business under a

fictitious business name contrary to the provisions of this section, or its assignee, may maintain any

action upon or on account of any contract made, or transaction had, in the fictitious business name

in any court of the state until a fictitious business name statement has been filed in accordance with

this section.

     (f) No domestic or foreign limited-liability partnership may be permitted to transact

business under a fictitious business name pursuant to this section that is the same as the name of an

existing person whose registration or qualification required the filing of a record by the secretary

of state or any name that is filed, reserved, or registered under this title or as permitted by the laws

of this state, subject to the following:

     (1) This provision does not apply if the applicant files with the secretary of state a certified

copy of a final decree of a court of competent jurisdiction establishing the prior right of the

applicant to the use of the name in this state; and

     (2) The name may be the same as the name of an existing person the certificate of

incorporation or organization of which has been revoked by the secretary of state as permitted by

law, and the revocation has not been withdrawn within one year from the date of the revocation.

     (3) Words and/or abbreviations that are required by statute to identify the particular type

of business entity shall be disregarded when determining if a name is distinguishable upon the

records of the secretary of state.

     (4) The secretary of state shall promulgate rules and regulations defining the term

"distinguishable upon the record" for the administration of this chapter.


 

 

 

 

180)

Section

Added Chapter Numbers:

 

7-12.1-903

123 and 124

 

 

7-12.1-903. Administrative revocation of statement of qualification.

     (a) The statement of qualification of a limited-liability partnership may be revoked by the

secretary of state under the conditions prescribed in this section when it is established that:

     (1) The limited-liability partnership procured its statement of qualification through fraud;

     (2) The limited-liability partnership has continued to exceed or abuse the authority

conferred upon it by law;

     (3) The limited-liability partnership has failed to file its annual report within the time

required by this chapter;

     (4) The limited-liability partnership has failed to pay any required fees to the secretary of

state when they have become due and payable;

     (5) The secretary of state has received notice from the division of taxation, in accordance

with § 7-12.1-915, that the limited-liability partnership has failed to pay any fees or taxes due this

state;

     (6) The limited-liability partnership has failed for thirty (30) days to appoint and maintain

a registered agent in this state as required by this chapter;

     (7) The limited-liability partnership has failed, after change of its registered agent, to file

in the office of the secretary of state a statement of the change as required by this chapter;

     (8) The limited-liability partnership has failed to file in the office of the secretary of state

any amendment to its statement of qualification or any articles of dissolution, cancellation

statement, merger, or consolidation as prescribed by this chapter; or

     (9) A misrepresentation has been made of any material matter in any application, report,

affidavit, or other document submitted by the limited-liability partnership pursuant to this chapter.

     (b) No certificate of a limited-liability partnership shall be revoked by the secretary of state

unless:

     (1) The secretary of state shall have given the limited-liability partnership notice thereof

not less than sixty (60) days prior to such revocation by regular mail addressed to the registered

agent in this state on file with the secretary of state's office, which notice shall specify the basis for

the revocation; provided, however, that if a prior mailing addressed to the address of the registered

agent of the limited-liability partnership in this state currently on file with the secretary of state's

office has been returned as undeliverable by the United States Postal Service for any reason, or if

the revocation notice is returned as undeliverable by the United States Postal Service for any reason,

the secretary of state shall give notice as follows:

     (i) To the limited-liability partnership at its principal office of record as shown in its most

recent annual report, and no further notice shall be required; or

     (ii) In the case of a limited-liability partnership that has not yet filed an annual report, then

to the limited-liability partnership at the principal office in the statement of qualification of limited-

liability partnership and no further notice shall be required; and

     (2) The limited-liability partnership fails prior to revocation to file the annual report, pay

the fees or taxes, file the required statement of change of registered agent, file any amendments to

its statement of qualification or articles of dissolution, cancellation statement, merger, or

consolidation, or correct the misrepresentation.


 

 

 

181)

Section

Added Chapter Numbers:

 

7-12.1-903.1

123 and 124

 

 

7-12.1-903.1. Issuance of certificates of revocation.

     (a) Upon revoking any such certificate of a limited-liability partnership, the secretary of

state shall:

     (1) Issue a certificate of revocation in duplicate;

     (2) File one of the certificates in the secretary of state's office;

     (3) Send to the limited-liability partnership by regular mail a certificate of revocation,

addressed to the registered agent of the limited-liability partnership in this state on file with the

secretary of state's office; provided, however, that if a prior mailing addressed to the address of the

registered agent of the limited-liability partnership in this state currently on file with the secretary

of state's office has been returned to the secretary of state as undeliverable by the United States

Postal Service for any reason, or if the revocation certificate is returned as undeliverable to the

secretary of state's office by the United States Postal Service for any reason, the secretary of state

shall give notice as follows:

     (i) To the limited-liability partnership at its principal office of record as shown in its most

recent annual report, and no further notice shall be required; or

     (ii) In the case of a limited-liability partnership that has not yet filed an annual report, then

to the domestic limited-liability company at the principal office in the articles of organization or to

the authorized person listed on the articles of organization, and no further notice shall be required.

     (b) An administrative revocation under this section affects only the partnership’s status as

a limited-liability partnership and is not an event causing dissolution of the partnership.

     (c) The revocation of a limited-liability partnership does not terminate the authority of its

registered agent.


 

 

 

 

182)

Section

Added Chapter Numbers:

 

7-12.1-904

123 and 124

 

 

7-12.1-904. Reinstatement.

     (a) A partnership whose statement of qualification has been revoked administratively under

§ 7-12.1-903 may apply to the secretary of state for reinstatement of the statement of qualification

not later than two (2) years after the effective date of the revocation. The application must be

accompanied by a certificate of good standing from the Rhode Island division of taxation and state:

     (1) The name of the partnership at the time of the administrative revocation of its statement

of qualification and, if needed, a different name that satisfies § 7-12.1-902;

     (2) The address of the principal office of the partnership and the name and street and

mailing addresses of its registered agent;

     (3) The effective date of administrative revocation of the partnership's statement of

qualification;

     (4) On the payment by the limited-liability partnership of a penalty in the amount of fifty

dollars ($50.00) for each year or part of year that has elapsed since the issuance of the certificate

of revocation; and

     (5) That the grounds for revocation did not exist or have been cured.

     (b) To have its statement of qualification reinstated, a partnership must pay all fees, taxes,

interest, and penalties that were due to the secretary of state or tax administrator at the time of the

administrative revocation and all fees, taxes, interest, and penalties that would have been due to the

secretary of state or tax administrator while the partnership's statement of qualification was revoked

administratively.

     (c) If the secretary of state determines that an application under subsection (a) of this

section contains the required information, is satisfied that the information is correct, and determines

that all payments required to be made to the secretary of state by subsection (b) of this section have

been made, the secretary of state shall:

     (1) Cancel the statement of revocation and prepare a statement of reinstatement that states

the secretary of state's determination and the effective date of reinstatement; and

     (2) File the statement of reinstatement and serve a copy on the partnership.

     (d) When reinstatement under this section has become effective, the following rules apply:

     (1) The reinstatement relates back to and takes effect as of the effective date of the

administrative revocation.

     (2) The partnership's status as a limited-liability partnership continues as if the revocation

had not occurred.

     (3) The rights of a person arising out of an act or omission in reliance on the revocation

before the person knew or had notice of the reinstatement are not affected.


 

 

 

183)

Section

Added Chapter Numbers:

 

7-12.1-905

123 and 124

 

 

7-12.1-905. Judicial review of denial of reinstatement.

     (a) If the secretary of state denies a partnership's application for reinstatement following

administrative revocation of the partnership's statement of qualification, the secretary of state shall

serve the partnership with a notice in a record that explains the reasons for the denial.

     (b) A partnership may seek judicial review of denial of reinstatement in the Providence

County superior court not later than thirty (30) days after service of the notice of denial.


 

 

 

184)

Section

Added Chapter Numbers:

 

7-12.1-906

123 and 124

 

 

7-12.1-906. Reservation of name.

     (a) A person may reserve the exclusive use of a name that complies with § 7-12.1-902 by

delivering an application to the secretary of state for filing. The application must state the name

and address of the applicant and the name to be reserved. If the secretary of state finds that the

name is available, the secretary of state shall reserve the name for the applicant's exclusive use for

one hundred twenty (120) days.

     (b) The owner of a reserved name may transfer the reservation to another person by

delivering to the secretary of state a signed notice in a record of the transfer which states the name

and address of the person to which the reservation is being transferred.


 

 

 

185)

Section

Added Chapter Numbers:

 

7-12.1-907

123 and 124

 

 

7-12.1-907. Registration of name.

     (a) A foreign limited-liability partnership not registered to do business in this state under

Article 10 of this chapter may register its name, or an alternate name adopted pursuant to § 7-12.1-

902, if the name is distinguishable on the records of the secretary of state from the names that are

not available under § 7-12.1-902.

     (b) To register its name or an alternate name adopted pursuant to § 7-12.1-902, a foreign

limited-liability partnership must deliver to the secretary of state for filing an application stating

the partnership's name, the jurisdiction and date of its formation, and any alternate name adopted

pursuant to § 7-12.1-902. If the secretary of state finds that the name applied for is available, the

secretary of state shall register the name for the applicant's exclusive use.

     (c) The registration of a name under this section is effective for one year after the date of

registration.

     (d) A foreign limited-liability partnership whose name registration is effective may renew

the registration for successive one-year periods by delivering, not earlier than three (3) months

before the expiration of the registration, to the secretary of state for filing a renewal application that

complies with this section. When filed, the renewal application renews the registration for a

succeeding one-year period.

     (e) A foreign limited-liability partnership whose name registration is effective may register

as a foreign limited-liability partnership under the registered name or consent in a signed record to

the use of that name by another person that is not an individual.


 

 

 

186)

Section

Added Chapter Numbers:

 

7-12.1-908

123 and 124

 

 

7-12.1-908. Registered agent.

     (a) Each limited-liability partnership and each registered foreign limited-liability

partnership shall designate and maintain a registered agent in this state. The designation of a

registered agent is an affirmation of fact by the partnership or foreign partnership that the agent has

consented to serve.

     (b) A registered agent for a limited-liability partnership or registered foreign limited-

liability partnership must be an existing person and have a place of business in this state.

     (c) The only duties under this chapter of a registered agent that has complied with this

chapter are:

     (1) To forward to the limited-liability partnership or registered foreign limited-liability

partnership at the address most recently supplied to the agent by the partnership or foreign

partnership any process, notice, or demand pertaining to the partnership or foreign partnership

which is served on or received by the agent;

     (2) If the registered agent resigns, to provide the notice required by § 7-12.1-907(c) to the

partnership or foreign partnership at the address most recently supplied to the agent by the

partnership or foreign partnership; and

     (3) To keep current the information with respect to the agent in the statement of

qualification or foreign registration statement.


 

 

 

187)

Section

Added Chapter Numbers:

 

7-12.1-909

123 and 124

 

 

7-12.1-909. Change of registered agent or address for registered agent by limited-

liability partnership.

     (a) A limited-liability partnership or registered foreign limited-liability partnership may

change its registered agent or the address of its registered agent by delivering to the secretary of

state for filing a statement of change that states:

     (1) The name of the partnership or foreign partnership; and

     (2) The information that is to be in effect as a result of the filing of the statement of change.

     (b) The partners of a limited-liability partnership need not approve the delivery to the

secretary of state for filing of:

     (1) A statement of change under this section; or

     (2) A similar filing changing the registered agent or registered office, if any, of the

partnership in any other jurisdiction.

     (c) A statement of change under this section designating a new registered agent is an

affirmation of fact by the limited-liability partnership or registered foreign limited-liability

partnership that the agent has consented to serve.


 

 

 

188)

Section

Added Chapter Numbers:

 

7-12.1-910

123 and 124

 

 

7-12.1-910. Resignation of registered agent.

     (a) A registered agent may resign as an agent for a limited-liability partnership or registered

foreign limited-liability partnership by delivering to the secretary of state for filing a statement of

resignation that states:

     (1) The name of the partnership or foreign partnership;

     (2) The name of the agent;

     (3) That the agent resigns from serving as registered agent for the partnership or foreign

partnership; and

     (4) The address of the partnership or foreign partnership to which the agent will send the

notice required by subsection (c) of this section.

     (b) A statement of resignation takes effect on the earlier of:

     (1) The thirty-first day after the day on which it is filed by the secretary of state; or

     (2) The designation of a new registered agent for the limited-liability partnership or

registered foreign limited-liability partnership.

     (c) A registered agent promptly shall furnish to the limited-liability partnership or

registered foreign limited-liability partnership notice in a record of the date on which a statement

of resignation was filed.

     (d) When a statement of resignation takes effect, the registered agent ceases to have

responsibility under this chapter for any matter thereafter tendered to it as agent for the limited-

liability partnership or registered foreign limited-liability partnership. The resignation does not

affect any contractual rights the partnership or foreign partnership has against the agent or that the

agent has against the partnership or foreign partnership.

     (e) A registered agent may resign with respect to a limited-liability partnership or registered

foreign limited-liability partnership whether or not the partnership or foreign partnership is in good

standing.


 

 

 

189)

Section

Added Chapter Numbers:

 

7-12.1-911

123 and 124

 

 

7-12.1-911. Change of name or address by registered agent.

     (a) If a registered agent changes its name or address, the agent may deliver to the secretary

of state for filing a statement of change that states:

     (1) The name of the limited-liability partnership or registered foreign limited-liability

partnership represented by the registered agent;

     (2) The name of the agent as currently shown in the records of the secretary of state for the

partnership or foreign partnership;

     (3) If the name of the agent has changed, its new name; and

     (4) If the address of the agent has changed, its new address.

     (b) A registered agent promptly shall furnish notice to the represented limited-liability

partnership or registered foreign limited-liability partnership of the filing by the secretary of state

of the statement of change and the changes made by the statement.


 

 

 

190)

Section

Added Chapter Numbers:

 

7-12.1-912

123 and 124

 

 

7-12.1-912. Service of process, notice, or demand.

     (a) A limited-liability partnership or registered foreign limited-liability partnership may be

served with any process, notice, or demand required or permitted by law by serving its registered

agent.

     (b) If a limited-liability partnership or registered foreign limited-liability partnership fails

to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with

reasonable diligence be found at the registered office, then the secretary of state is an agent of the

corporation upon whom any process, notice, or demand may be served. Service on the secretary of

state of any process, notice, or demand is made by delivering to and leaving with him or her or with

any clerk having charge of the corporation department of his or her office, duplicate copies of the

process, notice, or demand. In the event any process, notice, or demand is served on the secretary

of state, the secretary of state shall immediately forward one of the copies by certified mail,

addressed to the corporation at its registered office. Any service upon the secretary of state is

returnable in not less than thirty (30) days.

     (c) The secretary of state shall maintain a record of any such service setting forth the name

of the plaintiff and defendant, the title, docket number and nature of the proceeding in which

process has been served upon the secretary of state, the fact that service has been effected pursuant

to this subsection, the return date thereof, and the day and hour when the service was made. The

secretary of state shall not be required to retain such information for a period longer than five (5)

years from receipt of the service of process.

     (d) Service of process, notice, or demand on a registered agent must be in a written record.

     (e) Service of process, notice, or demand may be made by other means under law other

than this chapter.


 

 

 

191)

Section

Added Chapter Numbers:

 

7-12.1-913

123 and 124

 

 

7-12.1-913. Annual report for secretary of state.

     (a) A limited-liability partnership or registered foreign limited-liability partnership shall

deliver to the secretary of state for filing an annual report that states:

     (1) The name of the partnership or registered foreign partnership;

     (2) The street and mailing addresses of its principal office;

     (3) The name of at least one partner;

     (4) In the case of a foreign partnership, its jurisdiction of formation and any alternate name

adopted under § 7-12.1-1006;

     (5) A brief statement of the character of the business in which the limited-liability

partnership is actually engaged in this state; and

     (6) Any additional information that is required by the secretary of state.

     (b) The annual report must be made on forms prescribed and furnished by the secretary of

state, and the information in the annual report must be current as of the date the report is signed by

the limited-liability partnership or registered foreign limited-liability partnership.

     (c) The first annual report must be filed with the secretary of state after February 1, and

before May 1, of the year following the calendar year in which the limited-liability partnership's

statement of qualification became effective or the registered foreign limited-liability partnership

registered to do business in this state. Subsequent annual reports must be filed with the secretary of

state after February 1, and before May 1, of each calendar year thereafter. Proof to the satisfaction

of the secretary of state that prior to May 1 the report was deposited in the United States mail in a

sealed envelope, properly addressed, with postage prepaid, is deemed to be a compliance with this

requirement.

     (d) If the secretary of state finds that the annual report conforms to the requirements of this

chapter, the secretary of state shall file the report. If an annual report does not contain the

information required by this section, the secretary of state promptly shall notify the reporting

limited-liability partnership or registered foreign limited-liability partnership in a record and return

the report for correction, in which event the penalties subsequently prescribed for failure to file the

report within the time previously provided do not apply if the report is corrected to conform to the

requirements of this chapter and returned to the secretary of state within thirty (30) days from the

date on which it was mailed to the corporation by the secretary of state.

     (e) Each limited-liability partnership, domestic or foreign, that fails or refuses to file its

annual report for any year within thirty (30) days after the time prescribed by this chapter is subject

to a penalty of twenty-five dollars ($25.00) per year.

 


 

 

 

 

192)

Section

Added Chapter Numbers:

 

7-12.1-914

123 and 124

 

 

7-12.1-914. Filing of returns with the tax administrator -- annual charge.

     (a) For tax years beginning on or after January 1, 2012, a limited-liability partnership

registered under § 7-12-56, shall file a return in the form and containing the information as

prescribed by the tax administrator as follows:

     (1) If the fiscal year of the limited-liability partnership is the calendar year, on or before

the fifteenth day of April in the year following the close of the fiscal year; and

     (2) If the fiscal year of the limited-liability partnership is not a calendar year, on or before

the fifteenth day of the fourth month following the close of the fiscal year.

     (b) For tax years beginning after December 31, 2015, a limited-liability partnership

registered under § 7-12-56 or this chapter, shall file a return, in the form and containing the

information as prescribed by the tax administrator, and shall be filed on or before the date a federal

tax return is due to be filed, without regard to extension.

     (c) An annual charge, equal to the minimum tax imposed upon a corporation under § 44-

11-2(e), shall be due on the filing of the limited-liability partnership's return filed with the tax

administrator and shall be paid to the division of taxation.

     (d) The annual charge is delinquent if not paid by the due date for the filing of the return

and an addition of one hundred dollars ($100) to the charge is then due.


 

 

 

 

 

193)

Section

Added Chapter Numbers:

 

7-12.1-915

123 and 124

 

 

7-12.1-915. Confirmation of state fees and taxes.

     (a) Notwithstanding any other provisions of the Rhode Island general laws, when any

section of this chapter refers to state fees and/or taxes paid, the division of taxation is authorized to

respond and share tax information with the secretary of state’s office in response to a request from

that office regarding an entity’s tax status as compliant or noncompliant.

     (b) If the secretary of state’s office receives notice from the division of taxation that the

limited-liability partnership has failed to pay any fees or taxes due this state, the secretary of state

shall begin revocation proceedings in accordance with the provisions of § 7-12.1-903.

     (c) The notice of revocation may state as the basis for revocation that the taxpayer failed

to pay state fees and/or taxes to the division of taxation. However, the secretary of state’s office

must otherwise protect all state and federal tax information in its custody as required by § 7-12.1-

915 and refrain from disclosing any other specific tax information.


 

 

 

 

194)

Section

Added Chapter Numbers:

 

7-12.1-916

123 and 124

 

 

7-12.1-916. Revocation of certificate of limited-liability partnership or certificate of

registration for nonpayment of fee fees or taxes.

     (a) The tax administrator may, after July 15 of each year, compile a list of all limited-

liability partnerships that have failed to pay any state fees and/or taxes for one year after the fees

and/or taxes became due and payable, and the failure is not the subject of a pending appeal. The

tax administrator shall certify to the correctness of the list. Upon receipt of the certified list, the

secretary of state may initiate revocation proceedings as defined in § 7-12.1-903.

     (b) With respect to any information provided by the division of taxation to the secretary of

state’s office pursuant to this chapter, the secretary of state, together with the employees or agents

thereof, shall be subject to all state and federal tax confidentiality laws applying to the division of

taxation and the officers, agents, and employees thereof, and which restrict the acquisition, use,

storage, dissemination, or publication of confidential taxpayer data.

     (c) Notwithstanding the foregoing, the notice of revocation may state as the basis for

revocation that the taxpayer has failed to pay state fees and/or taxes to the division of taxation.

However, the secretary of state’s office must otherwise protect all state and federal tax information

in its custody as required by subsection (b) of this section and refrain from disclosing any other

specific tax information.


 

 

 

 

195)

Section

Added Chapter Numbers:

 

7-12.1-Art. 10

123 and 124

 

 

7-12.1-ARTICLE 10-FOREIGN LIMITED-LIABILITY PARTNERSHIP


 

 

 

 

 

196)

Section

Added Chapter Numbers:

 

7-12.1-1001

123 and 124

 

 

7-12.1-1001. Governing law.

     (a) The law of the jurisdiction of formation of a foreign limited-liability partnership

governs:

     (1) The internal affairs of the partnership; and

     (2) The liability of a partner as partner for a debt, obligation, or other liability of the foreign

partnership.

     (b) A foreign limited-liability partnership is not precluded from registering to do business

in this state because of any difference between the law of its jurisdiction of formation and the law

of this state.

     (c) Registration of a foreign limited-liability partnership to do business in this state does

not authorize the foreign partnership to engage in any business or exercise any power that a limited-

liability partnership may not engage in or exercise in this state.


 

 

 

 

197)

Section

Added Chapter Numbers:

 

7-12.1-1002

123 and 124

 

 

7-12.1-1002. Registration to do business in this state.

     (a) A foreign limited-liability partnership may not do business in this state until it registers

with the secretary of state under this article.

     (b) A foreign limited-liability partnership doing business in this state may not maintain an

action or proceeding in this state unless it has registered to do business in this state.

     (c) The failure of a foreign limited-liability partnership to register to do business in this

state does not impair the validity of a contract or act of the foreign partnership or preclude it from

defending an action or proceeding in this state.

     (d) A limitation on the liability of a partner of a foreign limited-liability partnership is not

waived solely because the foreign partnership does business in this state without registering to do

business in this state.

     (e) Sections 7-12.1-1001(a) and 7-12.1-1001(b) applies even if a foreign limited-liability

partnership fails to register under this article.


 

 

 

 

198)

Section

Added Chapter Numbers:

 

7-12.1-1003

123 and 124

 

 

7-12.1-1003. Foreign registration statement.

     To register to do business in this state, a foreign limited-liability partnership must deliver

a foreign registration statement to the secretary of state for filing. The statement must state:

     (1) The name of the partnership and, if the name does not comply with § 7-12.1-902, an

alternate name adopted pursuant to § 7-12.1-1006(a);

     (2) That the partnership is a foreign limited-liability partnership;

     (3) The partnership's jurisdiction of formation;

     (4) The general character of the business it proposes to transact in this state;

     (5) The name and business address of at least one partner;

     (6) The street and mailing addresses of the partnership's principal office and, if the law of

the partnership's jurisdiction of formation requires the partnership to maintain an office in that

jurisdiction, the street and mailing addresses of the required office;

     (7) The name and street and mailing addresses of the partnership's registered agent in this

state;

     (8) A statement that the secretary of state is appointed the agent of a foreign limited-liability

partnership for service of process if no agent has been appointed, or, if appointed, the agent’s

authority has been revoked or if the agent cannot be found or served with the exercise of reasonable

diligence; and

     (9) Additional information as may be necessary or appropriate in order to enable the

secretary of state to determine whether the foreign limited-liability partnership is entitled to a

certificate of authority to transact business in this state.


 

 

 

 

199)

Section

Added Chapter Numbers:

 

7-12.1-1004

123 and 124

 

 

7-12.1-1004. Amendment of foreign registration statement.

     A registered foreign limited-liability partnership shall deliver to the secretary of state for

filing an amendment to its foreign registration statement if there is a change in:

     (1) The name of the partnership;

     (2) The alternate name adopted pursuant to § 7-12.1-1006(a);

     (3) The address required by § 7-12.1-1003(6).


 

 

 

 

200)

Section

Added Chapter Numbers:

 

7-12.1-1005

123 and 124

 

 

7-12.1-1005. Activities not constituting doing business.

     (a) Activities of a foreign limited-liability partnership which do not constitute doing

business in this state under this article include:

     (1) Maintaining, defending, mediating, arbitrating, or settling an action or proceeding;

     (2) Carrying on any activity concerning its internal affairs, including holding meetings of

its partners;

     (3) Maintaining accounts in financial institutions;

     (4) Maintaining offices or agencies for the transfer, exchange, and registration of securities

of the partnership or maintaining trustees or depositories with respect to those securities;

     (5) Selling through independent contractors;

     (6) Soliciting or obtaining orders by any means if the orders require acceptance outside this

state before they become contracts;

     (7) Creating or acquiring indebtedness, mortgages, or security interests in property;

     (8) Securing or collecting debts or enforcing mortgages or security interests in property

securing the debts and holding, protecting, or maintaining property;

     (9) Conducting an isolated transaction that is not in the course of similar transactions;

     (10) Owning, without more, property; and

     (11) Doing business in interstate commerce.

     (b) A person does not do business in this state solely by being a partner of a foreign limited-

liability partnership that does business in this state.

     (c) This section does not apply in determining the contacts or activities that may subject a

foreign limited-liability partnership to service of process, taxation, or regulation under law of this

state other than this chapter.


 

 

 

 

201)

Section

Added Chapter Numbers:

 

7-12.1-1006

123 and 124

 

 

7-12.1-1006. Noncomplying name of foreign limited-liability partnership.

     (a) A foreign limited-liability partnership whose name does not comply with § 7-12.1-902

may not register to do business in this state until it adopts, for the purpose of doing business in this

state, an alternate name that complies with § 7-12.1-902. A partnership that registers under an

alternate name under this subsection need not comply with §§ 7-16-902 or 7-1.2-402. A partnership

that registers under an alternate name under this subsection need not comply with this state’s

fictitious name statute. After registering to do business in the state with an alternate name, a

partnership shall do business in this state under:

     (1) The alternate name;

     (2) The partnership's name, with the addition of its jurisdiction of formation; or

     (3) A name the partnership is authorized to use under the state's fictitious name statute to

include, but not be limited to, §§ 7-16- 902.1 or 7-1.2-402.

     (b) If a registered foreign limited-liability partnership changes its name to one that does

not comply with § 7-12.1-902, it may not do business in this state until it complies with subsection

(a) of this section by amending its registration to adopt an alternate name that complies with § 7-

12.1-902.


 

 

 

 

202)

Section

Added Chapter Numbers:

 

7-12.1-1007

123 and 124

 

 

7-12.1-1007. Withdrawal deemed on conversion to domestic filing entity or domestic

limited-liability partnership.

     A registered foreign limited-liability partnership that converts to a domestic limited-

liability partnership or to a domestic entity whose formation requires the delivery of a record to the

secretary of state for filing is deemed to have withdrawn its registration on the effective date of the

conversion.


 

 

 

203)

Section

Added Chapter Numbers:

 

7-12.1-1008

123 and 124

 

 

7-12.1-1008. Withdrawal on dissolution or conversion to nonfiling entity other than

limited-liability partnership.

     (a) A registered foreign limited-liability partnership that has dissolved and completed

winding up or has converted to a domestic or foreign entity whose formation does not require the

public filing of a record, other than a limited-liability partnership, shall deliver a statement of

withdrawal to the secretary of state for filing. The statement must state:

     (1) In the case of a partnership that has completed winding up:

     (i) Its name and jurisdiction of formation;

     (ii) That the partnership surrenders its registration to do business in this state;

     (iii) That the limited-liability partnership revokes the authority of its registered agent in

this state to accept service of process and consents that service of process in any action, suit, or

proceeding based upon any cause of action arising in this state during the time the limited-liability

partnership was authorized to transact business in this state may subsequently be made on the

limited-liability partnership by service on the secretary of state in accordance with subsection (b)

of this section; and

     (iv) The post office address to which the secretary of state may mail a copy of any process

against the limited-liability partnerships that is served on the secretary of state.

     (2) In the case of a partnership that has converted:

     (i) The name of the converting partnership and its jurisdiction of formation;

     (ii) The type of entity to which the partnership has converted and its jurisdiction of

formation;

     (iii) That the converted entity surrenders the converting partnership's registration to do

business in this state and revokes the authority of the converting partnership's registered agent to

act as registered agent in this state on behalf of the partnership or the converted entity; and

     (iv) A mailing address to which service of process may be made under subsection (b) of

this section.

     (b) After a withdrawal under this section becomes effective, service of process in any action

or proceeding based on a cause of action arising during the time the foreign limited-liability

partnership was registered to do business in this state may be made pursuant to § 7-12.1-912.


 

 

 

 

204)

Section

Added Chapter Numbers:

 

7-12.1-1009

123 and 124

 

 

7-12.1-1009. Transfer of registration.

     (a) When a registered foreign limited-liability partnership has merged into a foreign entity

that is not registered to do business in this state or has converted to a foreign entity required to

register with the secretary of state to do business in this state, the foreign entity shall deliver to the

secretary of state for filing an application for transfer of registration. The application must state:

     (1) The name of the registered foreign limited-liability partnership before the merger or

conversion;

     (2) That before the merger or conversion the registration pertained to a foreign limited-

liability partnership;

     (3) The name of the applicant foreign entity into which the foreign limited-liability

partnership has merged or to which it has been converted and, if the name does not comply with §

7-12.1-902, an alternate name adopted pursuant to § 7-12.1-1006(a);

     (4) The type of entity of the applicant foreign entity and its jurisdiction of formation;

     (b) An application for authority to transact business in the state of Rhode Island for the

resulting entity type and a certificate of legal existence or good standing issued by the proper officer

of the state or country under the laws of which the resulting entity has been formed.

     (c) When an application for transfer of registration takes effect, the registration of the

foreign limited-liability limited partnership to do business in this state is transferred without

interruption to the foreign entity into which the partnership has merged or to which it has been

converted.


 

 

 

 

205)

Section

Added Chapter Numbers:

 

7-12.1-1010

123 and 124

 

 

7-12.1-1010. Revocation of registration.

     (a) The registration of a foreign limited-liability partnership may be revoked by the

secretary of state under the conditions prescribed in this section when it is established that:

     (1) The limited-liability partnership procured its certificate of registration through fraud;

     (2) The limited-liability partnership has continued to exceed or abuse the authority

conferred upon it by law;

     (3) The limited-liability partnership has failed to file its annual report within the time

required by this chapter;

     (4) The limited-liability partnership has failed to pay any required fees to the secretary of

state when they have become due and payable;

     (5) The limited-liability partnership has failed for thirty (30) days to appoint and maintain

a registered agent in this state as required by this chapter;

     (6) The limited-liability partnership has failed, after change of its registered agent, to file

in the office of the secretary of state a statement of the change as required by this chapter;

     (7) The limited-liability partnership has failed to file in the office of the secretary of state

any amendment to its certificate of registration or any articles of dissolution, merger, or

consolidation as prescribed by this chapter; or

     (8) A misrepresentation has been made of any material matter in any application, report,

affidavit, or other document submitted by the limited-liability partnership pursuant to this chapter.

     (b) No certificate of registration of a limited-liability partnership shall be revoked by the

secretary of state unless:

     (1) The secretary of state shall have given the limited-liability partnership notice thereof

not less than sixty (60) days prior to such revocation by regular mail addressed to the registered

agent in this state on file with the secretary of state's office, which notice shall specify the basis for

the revocation; provided, however, that if a prior mailing addressed to the address of the registered

agent of the limited-liability partnership in this state currently on file with the secretary of state's

office has been returned as undeliverable by the United States Postal Service for any reason, or if

the revocation notice is returned as undeliverable by the United States Postal Service for any reason,

the secretary of state shall give notice as follows:

     (i) To the limited-liability partnership at its principal office of record as shown in its most

recent annual report, and no further notice shall be required; or

     (ii) In the case of a limited-liability partnership that has not yet filed an annual report, then

to the limited-liability partnership at the principal office in the certificate of registration of limited-

liability partnership and no further notice shall be required; and

     (2) The limited-liability partnership fails prior to revocation to file the annual report, pay

the fees or taxes, file the required statement of change of registered agent, file the amendment to

its registration or certificate of withdrawal of registration, merger, or consolidation, or correct the

misrepresentation.


 

 

 

206)

Section

Added Chapter Numbers:

 

7-12.1-1011

123 and 124

 

 

7-12.1-1011. Issuance of certificates of revocation.

     (a) Upon revoking any such certificate of registration of limited-liability partnership, the

secretary of state shall:

     (1) Issue a certificate of revocation in duplicate;

     (2) File one of the certificates in the secretary of state's office;

     (3) Send to the limited-liability partnership by regular mail a certificate of revocation,

addressed to the registered agent of the limited-liability partnership in this state on file with the

secretary of state's office; provided, however, that if a prior mailing addressed to the address of the

registered agent of the limited-liability partnership in this state currently on file with the secretary

of state's office has been returned to the secretary of state as undeliverable by the United States

Postal Service for any reason, or if the revocation certificate is returned as undeliverable to the

secretary of state's office by the United States Postal Service for any reason, the secretary of state

shall give notice as follows:

     (i) To the limited-liability partnership at its principal office of record as shown in its most

recent annual report, and no further notice shall be required; or

     (ii) In the case of a limited-liability partnership that has not yet filed an annual report, then

to the principal office listed in the certificate of registration, and no further notice shall be required.

     (b) The authority of the registered foreign limited-liability partnership to do business in

this state ceases on the effective date of the certificate of revocation, or to apply for reinstatement

under § 7-12.1-1012.

     (c) The revocation of a limited-liability partnership does not terminate the authority of its

registered agent.


 

 

 

 

207)

Section

Added Chapter Numbers:

 

7-12.1-1012

123 and 124

 

 

7-12.1-1012. Reinstatement.

     (a) Within two (2) years after issuing a certificate of revocation as provided in § 7-12.1-

1011, the secretary of state may withdraw the certificate of revocation and retroactively reinstate

the limited-liability partnership in good standing as if its certificate of registration of limited-

liability partnership had not been revoked except as subsequently provided:

     (1) On the filing by the limited-liability partnership of the documents it had previously

failed to file as set forth in §§ 7-12.1-1006(a)(3) through 7-12.1-1006(a)(7);

     (2) On the payment by the limited-liability partnership of a penalty in the amount of fifty

dollars ($50.00) for each year or part of year that has elapsed since the issuance of the certificate

of revocation; and

     (b) If, as permitted by the provisions of this chapter or chapters chapter 1.2, 6, 12 12.1, or

13.1 of this title, another limited-liability company, business or nonprofit corporation, registered

limited-liability partnership or a limited-liability partnership, or in each case domestic or foreign,

authorized and qualified to transact business in this state, bears or has filed a fictitious business

name statement as to or reserved or registered a name that is the same as, the name of the limited-

liability partnership with respect to which the certificate of revocation is proposed to be withdrawn,

then the secretary of state shall condition the withdrawal of the certificate of revocation on the

reinstated limited-liability partnership amending its certificate of registration so as to designate a

name that meets the requirements of § 7-12.1-902 by adopting an alternate name pursuant to § 7-

12.1-1006(a).

     (d) (c) When reinstatement under this section has become effective, the following rules

apply:

     (1) The reinstatement relates back to and takes effect as of the effective date of the

certificate of revocation.

     (2) The limited-liability partnership resumes carrying on its activities and affairs as if the

revocation had not occurred.

     (3) The rights of a person arising out of an act or omission in reliance on the revocation

before the person knew or had notice of the reinstatement are not affected.


 

 

 

 

 

 

208)

Section

Added Chapter Numbers:

 

7-12.1-1013

123 and 124

 

 

7-12.1-1013. Withdrawal of registration of registered foreign limited-liability

partnership.

     (a) A registered foreign limited-liability partnership may withdraw its registration by

delivering a statement of withdrawal to the secretary of state for filing. The statement of withdrawal

must state:

     (1) The name of the partnership and its jurisdiction of formation;

     (2) That the partnership is not doing business in this state and that it withdraws its

registration to do business in this state;

     (3) That the limited-liability partnership revokes the authority of its registered agent in this

state to accept service of process and consents that service of process in any action, suit, or

proceeding based upon any cause of action arising in this state during the time the limited-liability

partnership was authorized to transact business in this state may subsequently be made on the

limited partnership by service on the secretary of state in accordance with subsection (b) of this

section; and

     (4) The post office address to which the secretary of state may mail a copy of any process

against the limited-liability partnership that is served on the secretary of state.

     (b) After the withdrawal of the registration of a foreign limited-liability partnership, service

of process in any action or proceeding based on a cause of action arising during the time the

partnership was registered to do business in this state may be made pursuant to § 7-12.1-912.


 

 

 

 

209)

Section

Added Chapter Numbers:

 

7-12.1-1014

123 and 124

 

 

7-12.1-1014. Action by attorney general.

     The attorney general may maintain an action to enjoin a foreign limited-liability

partnership from doing business in this state in violation of this article of this chapter.


 

 

 

 

210)

Section

Added Chapter Numbers:

 

7-12.1-Art.11-PT1

123 and 124

 

 

7-12.1-ARTICLE 11-MERGER, INTEREST EXCHANGE, CONVERSION, AND 

DOMESTICATION

PART 1-GENERAL PROVISIONS


 

 

 

 

 

 

 

 

211)

Section

Added Chapter Numbers:

 

7-12.1-1101

123 and 124

 

 

7-12.1-1101. Definitions.

     As used in this chapter:

     (1) "Acquired entity" means the entity, all of one or more classes or series of interests of

which are acquired in an interest exchange.

     (2) "Acquiring entity" means the entity that acquires all of one or more classes or series of

interests of the acquired entity in an interest exchange.

     (3) "Conversion" means a transaction authorized by §§ 7-12.1-11.41 through 7-12.1-11.46.

     (4) "Converted entity" means the converting entity as it continues in existence after a

conversion.

     (5) "Converting entity" means the domestic entity that approves a plan of conversion

pursuant to § 7-12.1-11.43 or the foreign entity that approves a conversion pursuant to the law of

its jurisdiction of formation.

     (6) "Distributional interest" means the right under an unincorporated entity's organic law

and organic rules to receive distributions from the entity.

     (7) "Domestic", with respect to an entity, means governed as to its internal affairs by the

law of this state.

     (8) "Domesticated limited-liability partnership" means a domesticating limited-liability

partnership as it continues in existence after a domestication.

     (9) "Domesticating limited-liability partnership" means the domestic limited-liability

partnership that approves a plan of domestication pursuant to § 7-12.1-11.53 or the foreign limited-

liability partnership that approves a domestication pursuant to the law of its jurisdiction of

formation.

     (10) "Domestication" means a transaction authorized by §§ 7-12.1-11.51 through 7-12.1-

11.56.

     (11) "Entity":

     (i) Means:

     (A) A business corporation;

     (B) A nonprofit corporation;

     (C) A general partnership, including a limited-liability partnership;

     (D) A limited partnership, including a limited-liability limited partnership;

     (E) A limited-liability company;

     (F) A general cooperative association;

     (G) A limited cooperative association;

     (H) An unincorporated nonprofit association;

     (I) A statutory trust, business trust, or common-law business trust; or

     (J) Any other person that has:

     (I) A legal existence separate from any interest holder of that person; or

     (II) The power to acquire an interest in real property in its own name; and

     (ii) Does not include:

     (A) An individual;

     (B) A trust with a predominantly donative purpose or a charitable trust;

     (C) An association or relationship that is not an entity listed in subsection (11)(i) of this

section and is not a partnership under the rules stated in § 7-12.1-202(c) or a similar provision of

the law of another jurisdiction;

     (D) A decedent's estate; or

     (E) A government or a governmental subdivision, agency, or instrumentality.

     (12) "Filing entity" means an entity whose formation requires the filing of a public organic

record. The term does not include a limited-liability partnership.

     (13) "Foreign", with respect to an entity, means an entity governed as to its internal affairs

by the law of a jurisdiction other than this state.

     (14) "Governance interest" means a right under the organic law or organic rules of an

unincorporated entity, other than as a governor, agent, assignee, or proxy, to:

     (i) Receive or demand access to information concerning, or the books and records of, the

entity;

     (ii) Vote for or consent to the election of the governors of the entity; or

     (iii) Receive notice of or vote on or consent to an issue involving the internal affairs of the

entity.

     (15) "Governor" means:

     (i) A director of a business corporation;

     (ii) A director or trustee of a nonprofit corporation;

     (iii) A general partner of a general partnership;

     (iv) A general partner of a limited partnership;

     (v) A manager of a manager-managed limited-liability company;

     (vi) A member of a member-managed limited-liability company;

     (vii) A director of a general cooperative association;

     (viii) A director of a limited cooperative association;

     (ix) A manager of an unincorporated nonprofit association;

     (x) A trustee of a statutory trust, business trust, or common-law business trust; or

     (xi) Any other person under whose authority the powers of an entity are exercised and

under whose direction the activities and affairs of the entity are managed pursuant to the organic

law and organic rules of the entity.

     (16) "Interest" means:

     (i) A share in a business corporation;

     (ii) A membership in a nonprofit corporation;

     (iii) A partnership interest in a general partnership;

     (iv) A partnership interest in a limited partnership;

     (v) A membership interest in a limited-liability company;

     (vi) A share in a general cooperative association;

     (vii) A member's interest in a limited cooperative association;

     (viii) A membership in an unincorporated nonprofit association;

     (ix) A beneficial interest in a statutory trust, business trust, or common-law business trust;

or

     (x) A governance interest or distributional interest in any other type of unincorporated

entity.

     (17) "Interest exchange" means a transaction authorized by §§ 7-12.1-11.31 through 7-

12.1-11.36.

     (18) "Interest holder" means:

     (i) A shareholder of a business corporation;

     (ii) A member of a nonprofit corporation;

     (iii) A general partner of a general partnership;

     (iv) A general partner of a limited partnership;

     (v) A limited partner of a limited partnership;

     (vi) A member of a limited-liability company;

     (vii) A shareholder of a general cooperative association;

     (viii) A member of a limited cooperative association;

     (ix) A member of an unincorporated nonprofit association;

     (x) A beneficiary or beneficial owner of a statutory trust, business trust, or common-law

business trust; or

     (xi) Any other direct holder of an interest.

     (19) "Interest holder liability" means:

     (i) Personal liability for a liability of an entity which is imposed on a person:

     (A) Solely by reason of the status of the person as an interest holder; or

     (B) By the organic rules of the entity which make one or more specified interest holders or

categories of interest holders liable in their capacity as interest holders for all or specified liabilities

of the entity; or

     (ii) An obligation of an interest holder under the organic rules of an entity to contribute to

the entity.

     (20) "Merger" means a transaction authorized by §§ 7-12.1-11.21 through 7-12.1-11.26.

     (21) "Merging entity" means an entity that is a party to a merger and exists immediately

before the merger becomes effective.

     (22) "Organic law" means the law of an entity's jurisdiction of formation governing the

internal affairs of the entity.

     (23) "Organic rules" means the public organic record and private organic rules of an entity.

     (24) "Plan" means a plan of merger, plan of interest exchange, plan of conversion, or plan

of domestication.

     (25) "Plan of conversion" means a plan under § 7-12.1-11.42.

     (26) "Plan of domestication" means a plan under § 7-12.1-11.52.

     (27) "Plan of interest exchange" means a plan under § 7-12.1-11.32.

     (28) "Plan of merger" means a plan under § 7-12.1-11.22.

     (29) "Private organic rules" means the rules, whether or not in a record, that govern the

internal affairs of an entity, are binding on all its interest holders, and are not part of its public

organic record, if any. The term includes:

     (i) The bylaws of a business corporation;

     (ii) The bylaws of a nonprofit corporation;

     (iii) The partnership agreement of a general partnership;

     (iv) The partnership agreement of a limited partnership;

     (v) The operating agreement of a limited-liability company;

     (vi) The bylaws of a general cooperative association;

     (vii) The bylaws of a limited cooperative association;

     (viii) The governing principles of an unincorporated nonprofit association; and

     (ix) The trust instrument of a statutory trust or similar rules of a business trust or common-

law business trust.

     (30) "Protected agreement" means:

     (i) A record evidencing indebtedness and any related agreement in effect on the effective

date of this chapter;

     (ii) An agreement that is binding on an entity on the effective date of this chapter;

     (iii) The organic rules of an entity in effect on the effective date of this chapter; or

     (iv) An agreement that is binding on any of the governors or interest holders of an entity

on the effective date of this chapter.

     (31) "Public organic record" means the record the filing of which by the secretary of state

is required to form an entity and any amendment to or restatement of that record. The term includes:

     (i) The articles of incorporation of a business corporation;

     (ii) The articles of incorporation of a nonprofit corporation;

     (iii) The certificate of limited partnership of a limited partnership;

     (iv) The certificate of organization of a limited-liability company;

     (v) The articles of incorporation of a general cooperative association;

     (vi) The articles of organization of a limited cooperative association; and

     (vii) The certificate of trust of a statutory trust or similar record of a business trust.

     (32) "Registered foreign entity" means a foreign entity that is registered to do business in

this state pursuant to a record filed by the secretary of state.

     (33) "Statement of conversion" means a statement under § 7-12.1-11.45.

     (34) "Statement of domestication" means a statement under § 7-12.1-11.55.

     (35) "Statement of interest exchange" means a statement under § 7-12.1-11.35.

     (36) "Statement of merger" means a statement under § 7-12.1-11.25.

     (37) "Surviving entity" means the entity that continues in existence after or is created by a

merger.

     (38) "Type of entity" means a generic form of entity:

     (i) Recognized at common law; or

     (ii) Formed under an organic law, whether or not some entities formed under that organic

law are subject to provisions of that law that create different categories of the form of entity.


 

 

 

 

212)

Section

Added Chapter Numbers:

 

7-12.1-1102

123 and 124

 

 

7-12.1-1102. Relationship of article to other laws.

     (a) This article does not authorize an act prohibited by, and does not affect the application

or requirements of, any law other than this article.

     (b) A transaction effected under this chapter may not create or impair a right, duty, or

obligation of a person under the statutory law of this state relating to a change in control, takeover,

business combination, control-share acquisition, or similar transaction involving a domestic

merging, acquired, converting, or domesticating business corporation unless:

     (1) If the corporation does not survive the transaction, the transaction satisfies any

requirements of the law; or

     (2) If the corporation survives the transaction, the approval of the plan is by a vote of the

shareholders or directors which would be sufficient to create or impair the right, duty, or obligation

directly under the law.


 

 

 

 

213)

Section

Added Chapter Numbers:

 

7-12.1-1103

123 and 124

 

 

7-12.1-1103. Required notice or approval.

     (a) A domestic or foreign entity that is required to give notice to, or obtain the approval of,

a governmental agency or officer of this state to be a party to a merger must give the notice or

obtain the approval to be a party to an interest exchange, conversion, or domestication.

     (b) Property held for a charitable purpose under the law of this state by a domestic or

foreign entity immediately before a transaction under this article becomes effective may not, as a

result of the transaction, be diverted from the objects for which it was donated, granted, devised,

or otherwise transferred unless, to the extent required by or pursuant to the law of this state

concerning cy pres or other law dealing with nondiversion of charitable assets, the entity obtains

an appropriate order of the superior court specifying the disposition of the property.

     (c) A bequest, devise, gift, grant, or promise contained in a will or other instrument of

donation, subscription, or conveyance which is made to a merging entity that is not the surviving

entity and which takes effect or remains payable after the merger inures to the surviving entity.

     (d) A trust obligation that would govern property if transferred to a nonsurviving entity

applies to property that is transferred to the surviving entity under this section.


 

 

 

 

 

214)

Section

Added Chapter Numbers:

 

7-12.1-1104

123 and 124

 

 

7-12.1-1104. Nonexclusivity.

     The fact that a transaction under this article produces a certain result does not preclude the

same result from being accomplished in any other manner permitted by law other than this article.


 

215)

Section

Added Chapter Numbers:

 

7-12.1-1105

123 and 124

 

 

7-12.1-1105. Reference to external facts.

     A plan may refer to facts ascertainable outside the plan if the manner in which the facts

will operate upon the plan is specified in the plan. The facts may include the occurrence of an event

or a determination or action by a person, whether or not the event, determination, or action is within

the control of a party to the transaction.


 

 

 

 

216)

Section

Added Chapter Numbers:

 

7-12.1-1106

123 and 124

 

 

7-12.1-1106. Appraisal rights.

     An interest holder of a domestic merging, acquired, converting, or domesticating

partnership is entitled to contractual appraisal rights in connection with a transaction under this

article to the extent provided in:

     (1) The partnership's organic rules; or


 

 

 

217)

Section

Added Chapter Numbers:

 

7-12.1-1107

123 and 124

 

 

7-12.1-1107. Excluded entities and transactions; Other applicable law.

     (a) This Part may not be used to effect a transaction that is prohibited by law of this state

other than this chapter.

     (b) If law of this state other than this chapter applies to a transaction that is otherwise within

the scope of this Part, the transaction is still subject to such other law.


 

 

 

 

218)

Section

Added Chapter Numbers:

 

7-12.1 Art.11-PT.2

123 and 124

 

 

7-12.1-ARTICLE 11-MERGER, INTEREST EXCHANGE, CONVERSION, AND 

DOMESTICATION

PART 2-MERGER


 

 

 

 

219)

Section

Added Chapter Numbers:

 

7-12.1-1121

123 and 124

 

 

7-12.1-1121. Merger authorized.

     (a) By complying with this part:

     (1) One or more domestic partnerships may merge with one or more domestic or foreign

entities into a domestic or foreign surviving entity; and

     (2) Two (2) or more foreign entities may merge into a domestic partnership.

     (b) By complying with the provisions of this part applicable to foreign entities, a foreign

entity may be a party to a merger under this part or may be the surviving entity in such a merger if

the merger is authorized by the law of the foreign entity's jurisdiction of formation


 

 

 

220)

Section

Added Chapter Numbers:

 

7-12.1-1122

123 and 124

 

 

7-12.1-1122. Plan of merger.

     (a) A domestic partnership may become a party to a merger under this part by approving a

plan of merger. The plan must be in a record and contain:

     (1) As to each merging entity, its name, jurisdiction of formation, and type of entity;

     (2) If the surviving entity is to be created in the merger, a statement to that effect and the

entity's name, jurisdiction of formation, and type of entity;

     (3) The manner of converting the interests in each party to the merger into interests,

securities, obligations, money, other property, rights to acquire interests or securities, or any

combination of the foregoing;

     (4) If the surviving entity exists before the merger, any proposed amendments to:

     (i) Its public organic record, if any; or

     (ii) Its private organic rules that are, or are proposed to be, in a record;

     (5) If the surviving entity is to be created in the merger:

     (i) Its proposed public organic record, if any; and

     (ii) The full text of its private organic rules that are proposed to be in a record;

     (6) The other terms and conditions of the merger; and

     (7) Any other provision required by the law of a merging entity's jurisdiction of formation

or the organic rules of a merging entity.

     (b) In addition to the requirements of subsection (a) of this section, a plan of merger may

contain any other provision not prohibited by law.


 

 

 

 

221)

Section

Added Chapter Numbers:

 

7-12.1-1123

123 and 124

 

 

7-12.1-1123. Approval of merger.

     (a) A plan of merger is not effective unless it has been approved:

     (1) By a domestic merging partnership, by all the partners of the partnership entitled to

vote on or consent to any matter; and

     (2) In a record, by each partner of a domestic merging partnership which will have interest

holder liability for debts, obligations, and other liabilities that are incurred after the merger becomes

effective, unless:

     (i) The partnership agreement of the partnership provides in a record for the approval of a

merger in which some or all of its partners become subject to interest holder liability by the

affirmative vote or consent of fewer than all the partners; and

     (ii) The partner consented in a record to or voted for that provision of the partnership

agreement or became a partner after the adoption of that provision.

     (b) A merger involving a domestic merging entity that is not a partnership is not effective

unless the merger is approved by that entity in accordance with its organic law.

     (c) A merger involving a foreign merging entity is not effective unless the merger is

approved by the foreign entity in accordance with the law of the foreign entity's jurisdiction of

formation.


 

 

 

222)

Section

Added Chapter Numbers:

 

7-12.1-1124

123 and 124

 

 

7-12.1-1124. Amendment or abandonment of plan of merger.

     (a) A plan of merger may be amended only with the consent of each party to the plan,

except as otherwise provided in the plan.

     (b) A domestic merging partnership may approve an amendment of a plan of merger:

     (1) In the same manner as the plan was approved, if the plan does not provide for the

manner in which it may be amended; or

     (2) By its partners in the manner provided in the plan, but a partner that was entitled to vote

on or consent to approval of the merger is entitled to vote on or consent to any amendment of the

plan that will change:

     (i) The amount or kind of interests, securities, obligations, money, other property, rights to

acquire interests or securities, or any combination of the foregoing, to be received by the interest

holders of any party to the plan;

     (ii) The public organic record, if any, or private organic rules of the surviving entity that

will be in effect immediately after the merger be effective, except for changes that do not require

approval of the interest holders of the surviving entity under its organic law or organic rules; or

     (iii) Any other terms or conditions of the plan, if the change would adversely affect the

partner in any material respect.

     (c) After a plan of merger has been approved and before a statement of merger becomes

effective, the plan may be abandoned as provided in the plan. Unless prohibited by the plan, a

domestic merging partnership may abandon the plan in the same manner as the plan was approved.

     (d) If a plan of merger is abandoned after a statement of merger has been filed with the

secretary of state and before the statement becomes effective, a statement of abandonment, signed

by a party to the plan, must be filed with the secretary of state before the statement of merger

becomes effective. The statement of abandonment takes effect on filing, and the merger is

abandoned and does not become effective. The statement of abandonment must contain:

     (1) The name of each party to the plan of merger;

     (2) The date on which the statement of merger was filed by the secretary of state; and

     (3) A statement that the merger has been abandoned in accordance with this section.


 

 

 

 

 

 

 

223)

Section

Added Chapter Numbers:

 

7-12.1-1125

123 and 124

 

 

7-12.1-1125. Articles of merger -- Effective date of merger.

     (a) Articles of merger must be signed by each merging entity and filed with the secretary

of state.

     (b) Articles of merger must contain:

     (1) The name, jurisdiction of formation, and type of entity of each merging entity that is

not the surviving entity;

     (2) The name, jurisdiction of formation, and type of entity of the surviving entity;

     (3) A statement that the merger was approved by each domestic merging entity, if any, in

accordance with this part and by each foreign merging entity, if any, in accordance with the law of

its jurisdiction of formation;

     (4) If the surviving entity exists before the merger and is a domestic filing entity, any

amendment to its public organic record approved as part of the plan of merger;

     (5) If the surviving entity is created by the merger and is a domestic filing entity, its public

organic record, as an attachment; and

     (6) If the surviving entity is created by the merger and is a domestic limited-liability

partnership, its statement of qualification, as an attachment.

     (c) In addition to the requirements of subsection (b) of this section, a statement of merger

may contain any other provision not prohibited by law.

     (d) If the surviving entity is a domestic entity, its public organic record, if any, must satisfy

the requirements of the law of this state, except that the public organic record does not need to be

signed.

     (e) If the surviving or resulting entity is not a domestic limited-liability partnership or

another filing entity of record in the office of the secretary of state, a statement that the surviving

or resulting other entity agrees that it may be served with process in Rhode Island in any action,

suit, or proceeding for the enforcement of any obligation of any domestic limited-liability

partnership that is to merge, irrevocably appointing the secretary of state as its agent to accept

service of process in the action, suit, or proceeding and specifying the address to which a copy of

the process is to be mailed to it by the secretary of state. In the event of service under this section

on the secretary of state, the procedures set forth in § 7-12.1-912 are applicable, except that the

plaintiff in any action, suit, or proceeding shall furnish the secretary of state with the address

specified in the articles of merger provided for in this section and any other address that the plaintiff

elects to furnish, together with copies of the process as required by the secretary of state, and the

secretary of state shall notify the surviving or resulting other business entity at all addresses

furnished by the plaintiff in accordance with the procedures set forth in § 7-12.1-912.

     (f) If the surviving entity is a domestic partnership, the merger becomes effective when the

article articles of merger is are effective. In all other cases, the merger becomes effective on the

later of:

     (1) The date and time provided by the organic law of the surviving entity; and

     (2) When the article of merger is effective.


 

 

 

 

224)

Section

Added Chapter Numbers:

 

7-12.1-1126

123 and 124

 

 

7-12.1-1126. Effect of merger.

     (a) When a merger becomes effective:

     (1) The surviving entity continues or comes into existence;

     (2) Each merging entity that is not the surviving entity ceases to exist;

     (3) All property of each merging entity vests in the surviving entity without transfer,

reversion, or impairment;

     (4) All debts, obligations, and other liabilities of each merging entity are debts, obligations,

and other liabilities of the surviving entity;

     (5) Except as otherwise provided by law or the plan of merger, all the rights, privileges,

immunities, powers, and purposes of each merging entity vest in the surviving entity;

     (6) If the surviving entity exists before the merger:

     (i) All its property continues to be vested in it without transfer, reversion, or impairment;

     (ii) It remains subject to all its debts, obligations, and other liabilities; and

     (iii) All its rights, privileges, immunities, powers, and purposes continue to be vested in it;

     (7) The name of the surviving entity may be substituted for the name of any merging entity

that is a party to any pending action or proceeding;

     (8) If the surviving entity exists before the merger:

     (i) Its public organic record, if any, is amended as provided in the statement of merger; and

     (ii) Its private organic rules that are to be in a record, if any, are amended to the extent

provided in the plan of merger;

     (9) If the surviving entity is created by the merger, its private organic rules become

effective and:

     (i) If it is a filing entity, its public organic record becomes effective; and

     (ii) If it is a limited-liability partnership, its statement of qualification becomes effective;

and

     (10) The interests in each merging entity which are to be converted in the merger are

converted, and the interest holders of those interests are entitled only to the rights provided to them

under the plan of merger and to any appraisal rights they have under § 7-12.1-11.16 7-12.1-1106

and the merging entity's organic law.

     (b) Except as otherwise provided in the organic law or organic rules of a merging entity,

the merger does not give rise to any rights that an interest holder, governor, or third party would

have upon a dissolution, liquidation, or winding up of the merging entity.

     (c) When a merger becomes effective, a person that did not have interest holder liability

with respect to any of the merging entities and becomes subject to interest holder liability with

respect to a domestic entity as a result of the merger has interest holder liability only to the extent

provided by the organic law of that entity and only for those debts, obligations, and other liabilities

that are incurred after the merger becomes effective.

     (d) When a merger becomes effective, the interest holder liability of a person that ceases

to hold an interest in a domestic merging partnership with respect to which the person had interest

holder liability is subject to the following rules:

     (1) The merger does not discharge any interest holder liability under this chapter to the

extent the interest holder liability was incurred before the merger became effective.

     (2) The person does not have interest holder liability under this chapter for any debt,

obligation, or other liability that is incurred after the merger becomes effective.

     (3) This chapter continues to apply to the release, collection, or discharge of any interest

holder liability preserved under subsection (d)(1) of this section as if the merger had not occurred

and the surviving entity were the domestic merging entity.

     (4) The person has whatever rights of contribution from any other person as are provided

by this chapter, law other than this chapter, or the partnership agreement of the domestic merging

partnership with respect to any interest holder liability preserved under subsection (d)(1) of this

section as if the merger had not occurred.

     (e) When a merger has become effective, a foreign entity that is the surviving entity may

be served with process in this state for the collection and enforcement of any debts, obligations, or

other liabilities of a domestic merging partnership as provided in § 7-12.1-119.

     (f) When a merger has become effective, the registration to do business in this state of any

foreign merging entity that is not the surviving entity is canceled.


 

 

 

 

225)

Section

Added Chapter Numbers:

 

7-12.1 Art.11-Pt.3

123 and 124

 

 

7-12.1-ARTICLE 11-MERGER, INTEREST EXCHANGE, CONVERSION, AND 

DOMESTICATION

PART 3-INTEREST EXCHANGE


 

 

 

 

226)

Section

Added Chapter Numbers:

 

7-12.1-1131

123 and 124

 

 

7-12.1-1131. Interest exchange authorized.

     (a) By complying with this part:

     (1) A domestic partnership may acquire all of one or more classes or series of interests of

another domestic entity or a foreign entity in exchange for interests, securities, obligations, money,

other property, rights to acquire interests or securities, or any combination of the foregoing; or

     (2) All of one or more classes or series of interests of a domestic partnership may be

acquired by another domestic entity or a foreign entity in exchange for interests, securities,

obligations, money, other property, rights to acquire interests or securities, or any combination of

the foregoing.

     (b) By complying with the provisions of this part applicable to foreign entities, a foreign

entity may be the acquiring or acquired entity in an interest exchange under this part if the interest

exchange is authorized by the law of the foreign entity's jurisdiction of formation.

     (c) If a protected agreement contains a provision that applies to a merger of a domestic

partnership but does not refer to an interest exchange, the provision applies to an interest exchange

in which the domestic partnership is the acquired entity as if the interest exchange were a merger

until the provision is amended after the effective date of this chapter.

-12.1-11.31. Interest exchange authorized.


 

 

 

 

227)

Section

Added Chapter Numbers:

 

7-12.1-1132

123 and 124

 

 

7-12.1-1132. Plan of interest exchange.

     (a) A domestic partnership may be the acquired entity in an interest exchange under this

part by approving a plan of interest exchange. The plan must be in a record and contain:

     (1) The name of the acquired entity;

     (2) The name, jurisdiction of formation, and type of entity of the acquiring entity;

     (3) The manner of converting the interests in the acquired entity into interests, securities,

obligations, money, other property, rights to acquire interests or securities, or any combination of

the foregoing;

     (4) Any proposed amendments to the partnership agreement that are, or are proposed to be,

in a record of the acquired entity;

     (5) The other terms and conditions of the interest exchange; and

     (6) Any other provision required by the law of this state or the partnership agreement of

the acquired entity.

     (b) In addition to the requirements of subsection (a) of this section, a plan of interest

exchange may contain any other provision not prohibited by law.

-12.1-11.32. Plan of interest exchange.


 

 

 

 

228)

Section

Added Chapter Numbers:

 

7-12.1-1133

123 and 124

 

 

7-12.1-1133. Approval of interest exchange.

     (a) A plan of interest exchange is not effective unless it has been approved:

     (1) By all the partners of a domestic acquired partnership entitled to vote on or consent to

any matter; and

     (2) In a record, by each partner of the domestic acquired partnership that will have interest

holder liability for debts, obligations, and other liabilities that are incurred after the interest

exchange becomes effective, unless:

     (i) The partnership agreement of the partnership provides in a record for the approval of an

interest exchange or a merger in which some or all its partners become subject to interest holder

liability by the affirmative vote or consent of fewer than all the partners; and

     (ii) The partner consented in a record to or voted for that provision of the partnership

agreement or became a partner after the adoption of that provision.

     (b) An interest exchange involving a domestic acquired entity that is not a partnership is

not effective unless it is approved by the domestic entity in accordance with its organic law.

     (c) An interest exchange involving a foreign acquired entity is not effective unless it is

approved by the foreign entity in accordance with the law of the foreign entity's jurisdiction of

formation.

     (d) Except as otherwise provided in its organic law or organic rules, the interest holders of

the acquiring entity are not required to approve the interest exchange.

7-12.1-11.33. Approval of interest exchange


 

 

 

229)

Section

Added Chapter Numbers:

 

7-12.1-1134

123 and 124

 

 

7-12.1-1134. Amendment or abandonment of plan of interest exchange.

     (a) A plan of interest exchange may be amended only with the consent of each party to the

plan, except as otherwise provided in the plan.

     (b) A domestic acquired partnership may approve an amendment of a plan of interest

exchange:

     (1) In the same manner as the plan was approved, if the plan does not provide for the

manner in which it may be amended; or

     (2) By its partners in the manner provided in the plan, but a partner that was entitled to vote

on or consent to approval of the interest exchange is entitled to vote on or consent to any amendment

of the plan that will change:

     (i) The amount or kind of interests, securities, obligations, money, other property, rights to

acquire interests or securities, or any combination of the foregoing, to be received by any of the

partners of the acquired partnership under the plan;

     (ii) The partnership agreement of the acquired partnership that will be in effect immediately

after the interest exchange becomes effective, except for changes that do not require approval of

the partners of the acquired partnership under this chapter or the partnership agreement; or

     (iii) Any other terms or conditions of the plan, if the change would adversely affect the

partner in any material respect.

     (c) After a plan of interest exchange has been approved and before a statement of interest

exchange becomes effective, the plan may be abandoned as provided in the plan. Unless prohibited

by the plan, a domestic acquired partnership may abandon the plan in the same manner as the plan

was approved.

     (d) If a plan of interest exchange is abandoned after a statement of interest exchange has

been filed with the secretary of state and before the statement becomes effective, a statement of

abandonment, signed by the acquired partnership, must be filed with the secretary of state before

the statement of interest exchange becomes effective. The statement of abandonment takes effect

on filing, and the interest exchange is abandoned and does not become effective. The statement of

abandonment must contain:

     (1) The name of the acquired partnership;

     (2) The date on which the statement of interest exchange was filed by the secretary of state;

and

     (3) A statement that the interest exchange has been abandoned in accordance with this

section.


 

 

 

 

230)

Section

Added Chapter Numbers:

 

7-12.1-1135

123 and 124

 

 

7-12.1-1135. Statement of interest exchange -- Effective date of interest

exchange.

     (a) A statement of interest exchange must be signed by a domestic acquired partnership

and filed with the secretary of state.

     (b) A statement of interest exchange must contain:

     (1) The name of the acquired partnership;

     (2) The name, jurisdiction of formation, and type of entity of the acquiring entity; and

     (3) A statement that the plan of interest exchange was approved by the acquired partnership

in accordance with this part.

     (c) In addition to the requirements of subsection (b) of this section, a statement of interest

exchange may contain any other provision not prohibited by law.

     (d) An interest exchange becomes effective when the statement of interest exchange is

effective.


 

 

 

231)

Section

Added Chapter Numbers:

 

7-12.1-1136

123 and 124

 

 

7-12.1-1136. Effect of interest exchange.

     (a) When an interest exchange in which the acquired entity is a domestic partnership

becomes effective:

     (1) The interests in the acquired partnership which are the subject of the interest exchange

are converted, and the partners holding those interests are entitled only to the rights provided to

them under the plan of interest exchange and to any appraisal rights they have under § 7-12.1-

11.16;

     (2) The acquiring entity becomes the interest holder of the interests in the acquired

partnership stated in the plan of interest exchange to be acquired by the acquiring entity; and

     (3) The provisions of the partnership agreement of the acquired partnership that are to be

in a record, if any, are amended to the extent provided in the plan of interest exchange.

     (b) Except as otherwise provided in the partnership agreement of a domestic acquired

partnership, the interest exchange does not give rise to any rights that a partner or third party would

have upon a dissolution, liquidation, or winding up of the acquired partnership.

     (c) When an interest exchange becomes effective, a person that did not have interest holder

liability with respect to a domestic acquired partnership and becomes subject to interest holder

liability with respect to a domestic entity as a result of the interest exchange has interest holder

liability only to the extent provided by the organic law of the entity and only for those debts,

obligations, and other liabilities that are incurred after the interest exchange becomes effective.

     (d) When an interest exchange becomes effective, the interest holder liability of a person

that ceases to hold an interest in a domestic acquired partnership with respect to which the person

had interest holder liability is subject to the following rules:

     (1) The interest exchange does not discharge any interest holder liability under this chapter

to the extent the interest holder liability was incurred before the interest exchange became effective.

     (2) The person does not have interest holder liability under this chapter for any debt,

obligation, or other liability that is incurred after the interest exchange becomes effective.

     (3) This chapter continues to apply to the release, collection, or discharge of any interest

holder liability preserved under subsection (d)(1) of this section as if the interest exchange had not

occurred.

     (4) The person has whatever rights of contribution from any other person as are provided

by this chapter, law other than this chapter, or the partnership agreement of the domestic acquired

partnership with respect to any interest holder liability preserved under subsection (d)(1) of this

section as if the interest exchange had not occurred.


 

 

 

232)

Section

Added Chapter Numbers:

 

7-12.1-Art.11-Pt.4

123 and 124

 

 

7-12.1-ARTICLE 11-MERGER, INTEREST EXCHANGE, CONVERSION, AND 

DOMESTICATION

PART 4-CONVERSION


 

 

 

233)

Section

Added Chapter Numbers:

 

7-12.1-1141

123 and 124

 

 

7-12.1-1141. Conversion authorized.

     (a) By complying with this part, a domestic partnership may become:

     (1) A domestic entity that is a different type of entity; or

     (2) A foreign entity that is a different type of entity, if the conversion is authorized by the

law of the foreign entity's jurisdiction of formation.

     (b) By complying with the provisions of this part applicable to foreign entities, a foreign

entity that is not a foreign partnership may become a domestic partnership if the conversion is

authorized by the law of the foreign entity's jurisdiction of formation.

     (c) If a protected agreement contains a provision that applies to a merger of a domestic

partnership but does not refer to a conversion, the provision applies to a conversion of the

partnership as if the conversion were a merger until the provision is amended after the effective

date of this chapter.


 

 

 

 

234)

Section

Added Chapter Numbers:

 

7-12.1-1142

123 and 124

 

 

7-12.1-1142. Plan of conversion.

     (a) A domestic partnership may convert to a different type of entity under this part by

approving a plan of conversion. The plan must be in a record and contain:

     (1) The name of the converting partnership;

     (2) The name, jurisdiction of formation, and type of entity of the converted entity;

     (3) The manner of converting the interests in the converting partnership into interests,

securities, obligations, money, other property, rights to acquire interests or securities, or any

combination of the foregoing;

     (4) The proposed public organic record of the converted entity if it will be a filing entity;

     (5) The full text of the private organic rules of the converted entity which are proposed to

be in a record;

     (6) The other terms and conditions of the conversion; and

     (7) Any other provision required by the law of this state or the partnership agreement of

the converting partnership.

     (b) In addition to the requirements of subsection (a) of this section, a plan of conversion

may contain any other provision not prohibited by law.


 

 

 

235)

Section

Added Chapter Numbers:

 

7-12.1-1143

123 and 124

 

 

7-12.1-1143. Approval of conversion.

     (a) A plan of conversion is not effective unless it has been approved:

     (1) By a domestic converting partnership, by all the partners of the partnership entitled to

vote on or consent to any matter; and

     (2) In a record, by each partner of a domestic converting partnership which will have

interest holder liability for debts, obligations, and other liabilities that are incurred after the

conversion becomes effective, unless:

     (i) The partnership agreement of the partnership provides in a record for the approval of a

conversion or a merger in which some or all of its partners become subject to interest holder liability

by the affirmative vote or consent of fewer than all the partners; and

     (ii) The partner voted for or consented in a record to that provision of the partnership

agreement or became a partner after the adoption of that provision.

     (b) A conversion involving a domestic converting entity that is not a partnership is not

effective unless it is approved by the domestic converting entity in accordance with its organic law.

     (c) A conversion of a foreign converting entity is not effective unless it is approved by the

foreign entity in accordance with the law of the foreign entity's jurisdiction of formation.


 

 

 

236)

Section

Added Chapter Numbers:

 

7-12.1-1144

123 and 124

 

 

7-12.1-1144. Amendment or abandonment of plan of conversion.

     (a) A plan of conversion of a domestic converting partnership may be amended:

     (1) In the same manner as the plan was approved, if the plan does not provide for the

manner in which it may be amended; or

     (2) By its partners in the manner provided in the plan, but a partner that was entitled to vote

on or consent to approval of the conversion is entitled to vote on or consent to any amendment of

the plan that will change:

     (i) The amount or kind of interests, securities, obligations, money, other property, rights to

acquire interests or securities, or any combination of the foregoing, to be received by any of the

partners of the converting partnership under the plan;

     (ii) The public organic record, if any, or private organic rules of the converted entity which

will be in effect immediately after the conversion becomes effective, except for changes that do not

require approval of the interest holders of the converted entity under its organic law or organic

rules; or

     (iii) Any other terms or conditions of the plan, if the change would adversely affect the

partner in any material respect.

     (b) After a plan of conversion has been approved by a domestic converting partnership and

before a statement of conversion becomes effective, the plan may be abandoned as provided in the

plan. Unless prohibited by the plan, a domestic converting partnership may abandon the plan in the

same manner as the plan was approved.

     (c) If a plan of conversion is abandoned after a statement of conversion has been filed with

the secretary of state and before the statement becomes effective, a statement of abandonment,

signed by the converting entity, must be filed with the secretary of state before the statement of

conversion becomes effective. The statement of abandonment takes effect on filing, and the

conversion is abandoned and does not become effective. The statement of abandonment must

contain:

     (1) The name of the converting partnership;

     (2) The date on which the statement of conversion was filed by the secretary of state; and

     (3) A statement that the conversion has been abandoned in accordance with this section.


 

 

 

237)

Section

Added Chapter Numbers:

 

7-12.1-1145

123 and 124

 

 

7-12.1-1145. Statement of conversion -- Effective date of conversion.

     (a) A statement of conversion must be signed by the converting entity and filed with the

secretary of state.

     (b) A statement of conversion must contain:

     (1) The name, jurisdiction of formation, and type of entity of the converting entity;

     (2) The name, jurisdiction of formation, and type of entity of the converted entity;

     (3) If the converting entity is a domestic partnership, a statement that the plan of conversion

was approved in accordance with this part or, if the converting entity is a foreign entity, a statement

that the conversion was approved by the foreign entity in accordance with the law of its jurisdiction

of formation;

     (4) If the converted entity is a domestic filing entity, its public organic record, as an

attachment; and

     (5) If the converted entity is a domestic limited-liability partnership, its statement of

qualification, as an attachment.

     (c) In addition to the requirements of subsection (b) of this section, a statement of

conversion may contain any other provision not prohibited by law.

     (d) If the converted entity is a domestic entity, its public organic record, if any, must satisfy

the requirements of the law of this state, except that the public organic record does not need to be

signed.

     (e) If the converted entity is a domestic partnership, the conversion becomes effective when

the statement of conversion is effective. In all other cases, the conversion becomes effective on the

later of:

     (1) The date and time provided by the organic law of the converted entity; and

     (2) When the statement is effective.


 

 

 

 

238)

Section

Added Chapter Numbers:

 

7-12.1-1146

123 and 124

 

 

7-12.1-1146. Effect of conversion.

     (a) When a conversion becomes effective:

     (1) The converted entity is:

     (i) Organized under and thereafter subject to the organic law of the converted entity; and

     (ii) The same entity without interruption as the converting entity;

     (2) All property of the converting entity continues to be vested in the converted entity

without transfer, reversion, or impairment;

     (3) All debts, obligations, and other liabilities of the converting entity continue as debts,

obligations, and other liabilities of the converted entity;

     (4) Except as otherwise provided by law or the plan of conversion, all the rights, privileges,

immunities, powers, and purposes of the converting entity remain in the converted entity;

     (5) The name of the converted entity may be substituted for the name of the converting

entity in any pending action or proceeding;

     (6) If the converted entity is a limited-liability partnership, its statement of qualification

becomes effective;

     (7) The provisions of the partnership agreement of the converted entity which are to be in

a record, if any, approved as part of the plan of conversion become effective; and

     (8) The interests in the converting entity are converted, and the interest holders of the

converting entity are entitled only to the rights provided to them under the plan of conversion and

to any appraisal rights they have under § 7-12.1-11.16 7-12.1-1106.

     (b) Except as otherwise provided in the partnership agreement of a domestic converting

partnership, the conversion does not give rise to any rights that a partner or third party would have

upon a dissolution, liquidation, or winding up of the converting entity.

     (c) When a conversion becomes effective, a person that did not have interest holder liability

with respect to the converting entity and becomes subject to interest holder liability with respect to

a domestic entity as a result of the conversion has interest holder liability only to the extent provided

by the organic law of the entity and only for those debts, obligations, and other liabilities that are

incurred after the conversion becomes effective.

     (d) When a conversion becomes effective, the interest holder liability of a person that

ceases to hold an interest in a domestic converting partnership with respect to which the person had

interest holder liability is subject to the following rules:

     (1) The conversion does not discharge any interest holder liability under this chapter to the

extent the interest holder liability was incurred before the conversion became effective.

     (2) The person does not have interest holder liability under this chapter for any debt,

obligation, or other liability that is incurred after the conversion becomes effective.

     (3) This chapter continues to apply to the release, collection, or discharge of any interest

holder liability preserved under subsection (d)(1) of this section as if the conversion had not

occurred.

     (4) The person has whatever rights of contribution from any other person as are provided

by this chapter, law other than this chapter, or the organic rules of the converting entity with respect

to any interest holder liability preserved under subsection (d)(1) of this section as if the conversion

had not occurred.

     (e) When a conversion has become effective, a foreign entity that is the converted entity

may be served with process in this state for the collection and enforcement of any of its debts,

obligations, and other liabilities as provided in § 7-12.1-119.

     (f) If the converting entity is a registered foreign entity, its registration to do business in

this state is canceled when the conversion becomes effective.

     (g) A conversion does not require the entity to wind up its affairs and does not constitute

or cause the dissolution of the entity.


 

 

 

239)

Section

Added Chapter Numbers:

 

7-12.1-Art.11-Pt.5

123 and 124

 

 

7-12.1-ARTICLE 11-MERGER, INTEREST EXCHANGE, CONVERSION, AND 

DOMESTICATION

PART 5- DOMESTICATION


 

 

 

 

240)

Section

Added Chapter Numbers:

 

7-12.1-1151

123 and 124

 

 

7-12.1-1151. Domestication authorized.

     (a) By complying with this part, a domestic limited-liability partnership may become a

foreign limited-liability partnership if the domestication is authorized by the law of the foreign

jurisdiction.

     (b) By complying with the provisions of this part applicable to foreign limited-liability

partnerships, a foreign limited-liability partnership may become a domestic limited-liability

partnership if the domestication is authorized by the law of the foreign limited-liability partnership's

jurisdiction of formation.

     (c) If a protected agreement contains a provision that applies to a merger of a domestic

limited-liability partnership but does not refer to a domestication, the provision applies to a

domestication of the limited-liability partnership as if the domestication were a merger until the

provision is amended after the effective date of this chapter.


 

 

 

 

241

Section

Added Chapter Numbers:

 

7-12.1-1152

123 and 124

 

 

7-12.1-1152. Plan of domestication.

     (a) A domestic limited-liability partnership may become a foreign limited-liability

partnership in a domestication by approving a plan of domestication. The plan must be in a record

and contain:

     (1) The name of the domesticating limited-liability partnership;

     (2) The name and jurisdiction of formation of the domesticated limited-liability

partnership;

     (3) The manner of converting the interests in the domesticating limited-liability partnership

into interests, securities, obligations, money, other property, rights to acquire interests or securities,

or any combination of the foregoing;

     (4) The proposed statement of qualification of the domesticated limited-liability

partnership;

     (5) The full text of the provisions of the partnership agreement of the domesticated limited-

liability partnership that are proposed to be in a record;

     (6) The other terms and conditions of the domestication; and

     (7) Any other provision required by the law of this state or the partnership agreement of

the domesticating limited-liability partnership.

     (b) In addition to the requirements of subsection (a) of this section, a plan of domestication

may contain any other provision not prohibited by law.


 

 

 

242)

Section

Added Chapter Numbers:

 

7-12.1-1153

123 and 124

 

 

7-12.1-1153. Approval of domestication.

     (a) A plan of domestication of a domestic domesticating limited-liability partnership is not

effective unless it has been approved:

     (1) By all the partners entitled to vote on or consent to any matter; and

     (2) In a record, by each partner that will have interest holder liability for debts, obligations,

and other liabilities that are incurred after the domestication becomes effective, unless:

     (i) The partnership agreement of the domesticating partnership in a record provides for the

approval of a domestication or merger in which some or all of its partners become subject to interest

holder liability by the affirmative vote or consent of fewer than all the partners; and

     (ii) The partner voted for or consented in a record to that provision of the partnership

agreement or became a partner after the adoption of that provision.

     (b) A domestication of a foreign domesticating limited-liability partnership is not effective

unless it is approved in accordance with the law of the foreign limited-liability partnership's

jurisdiction of formation.


 

 

 

 

243)

Section

Added Chapter Numbers:

 

7-12.1--1154

123 and 124

 

 

7-12.1-1154. Amendment or abandonment of plan of domestication.

     (a) A plan of domestication of a domestic domesticating limited-liability partnership may

be amended:

     (1) In the same manner as the plan was approved, if the plan does not provide for the

manner in which it may be amended; or

     (2) By its partners in the manner provided in the plan, but a partner that was entitled to vote

on or consent to approval of the domestication is entitled to vote on or consent to any amendment

of the plan that will change:

     (i) The amount or kind of interests, securities, obligations, money, other property, rights to

acquire interests or securities, or any combination of the foregoing, to be received by any of the

partners of the domesticating limited-liability partnership under the plan;

     (ii) The partnership agreement of the domesticated limited-liability partnership that will be

in effect immediately after the domestication becomes effective, except for changes that do not

require approval of the partners of the domesticated limited-liability partnership under its organic

law or partnership agreement; or

     (iii) Any other terms or conditions of the plan, if the change would adversely affect the

partner in any material respect.

     (b) After a plan of domestication has been approved by a domestic domesticating limited-

liability partnership and before a statement of domestication becomes effective, the plan may be

abandoned as provided in the plan. Unless prohibited by the plan, a domestic domesticating limited-

liability partnership may abandon the plan in the same manner as the plan was approved.

     (c) If a plan of domestication is abandoned after a statement of domestication has been

filed with the secretary of state and before the statement becomes effective, a statement of

abandonment, signed by the domesticating limited-liability partnership, must be filed with the

secretary of state before the statement of domestication becomes effective. The statement of

abandonment takes effect on filing, and the domestication is abandoned and does not become

effective. The statement of abandonment must contain:

     (1) The name of the domesticating limited-liability partnership;

     (2) The date on which the statement of domestication was filed by the secretary of state;

and

     (3) A statement that the domestication has been abandoned in accordance with this section.


 

 

 

 

244)

Section

Added Chapter Numbers:

 

7-12.1-1155

123 and 124

 

 

7-12.1-1155. Statement of domestication -- Effective date of domestication.

     (a) A statement of domestication must be signed by the domesticating limited partnership

and filed with the secretary of state.

     (b) A statement of domestication must contain:

     (1) The name and jurisdiction of formation of the domesticating limited-liability

partnership;

     (2) The name and jurisdiction of formation of the domesticated limited-liability

partnership;

     (3) If the domesticating limited-liability partnership is a domestic limited-liability

partnership, a statement that the plan of domestication was approved in accordance with this part

or, if the domesticating limited-liability partnership is a foreign limited-liability partnership, a

statement that the domestication was approved in accordance with the law of its jurisdiction of

formation; and

     (4) The statement of qualification of the domesticated limited-liability partnership, as an

attachment.

     (c) In addition to the requirements of subsection (b) of this section, a statement of

domestication may contain any other provision not prohibited by law.

     (d) The statement of qualification of a domesticated domestic limited-liability partnership

must satisfy the requirements of this chapter, but the statement does not need to be signed.

     (e) If the domesticated entity is a domestic partnership, the domestication becomes

effective when the statement of domestication is effective. If the domesticated entity is a foreign

partnership, the domestication becomes effective on the later of:

     (1) The date and time provided in the organic law of the domesticated entity; and

     (2) When the statement is effective.


 

 

 

 

 

 

 

 

245)

Section

Added Chapter Numbers:

 

7-12.1-1156

123 and 124

 

 

7-12.1-1156. Effect of domestication.

     (a) When a domestication becomes effective:

     (1) The domesticated entity is:

     (i) Organized under and thereafter subject to the organic law of the domesticated entity;

and

     (ii) The same entity without interruption as the domesticating entity;

     (2) All property of the domesticating entity continues to be vested in the domesticated

entity without transfer, reversion, or impairment;

     (3) All debts, obligations, and other liabilities of the domesticating entity continue as debts,

obligations, and other liabilities of the domesticated entity;

     (4) Except as otherwise provided by law or the plan of domestication, all the rights,

privileges, immunities, powers, and purposes of the domesticating entity remain in the

domesticated entity;

     (5) The name of the domesticated entity may be substituted for the name of the

domesticating entity in any pending action or proceeding;

     (6) The statement of qualification of the domesticated entity becomes effective;

     (7) The provisions of the partnership agreement of the domesticated entity that are to be in

a record, if any, approved as part of the plan of domestication become effective; and

     (8) The interests in the domesticating entity are converted to the extent and as approved in

connection with the domestication, and the partners of the domesticating entity are entitled only to

the rights provided to them under the plan of domestication and to any appraisal rights they have

under § 7-12.1-11.16 7-12.1-1106.

     (b) Except as otherwise provided in the organic law or partnership agreement of the

domesticating limited-liability partnership, the domestication does not give rise to any rights that a

partner or third party would otherwise have upon a dissolution, liquidation, or winding up of the

domesticating partnership.

     (c) When a domestication becomes effective, a person that did not have interest holder

liability with respect to the domesticating limited-liability partnership and becomes subject to

interest holder liability with respect to a domestic limited-liability partnership as a result of the

domestication has interest holder liability only to the extent provided by this chapter and only for

those debts, obligations, and other liabilities that are incurred after the domestication becomes

effective.

     (d) When a domestication becomes effective, the interest holder liability of a person that

ceases to hold an interest in a domestic domesticating limited-liability partnership with respect to

which the person had interest holder liability is subject to the following rules:

     (1) The domestication does not discharge any interest holder liability under this chapter to

the extent the interest holder liability was incurred before the domestication became effective.

     (2) A person does not have interest holder liability under this chapter for any debt,

obligation, or other liability that is incurred after the domestication becomes effective.

     (3) This chapter continues to apply to the release, collection, or discharge of any interest

holder liability preserved under subsection (d)(1) of this section as if the domestication had not

occurred.

     (4) A person has whatever rights of contribution from any other person as are provided by

this chapter, law other than this chapter, or the partnership agreement of the domestic domesticating

limited-liability partnership with respect to any interest holder liability preserved under subsection

(d)(1) of this section as if the domestication had not occurred.

     (e) When a domestication becomes effective, a foreign limited-liability partnership that is

the domesticated partnership may be served with process in this state for the collection and

enforcement of any of its debts, obligations, and other liabilities as provided in § 7-12.1-119.

     (f) If the domesticating limited-liability partnership is a registered foreign entity, the

registration of the partnership is canceled when the domestication becomes effective.

     (g) A domestication does not require a domestic domesticating limited-liability partnership

to wind up its business and does not constitute or cause the dissolution of the partnership.


 

 

 

246)

Section

Added Chapter Numbers:

 

7-12.1-Art.12

123 and 124

 

 

ARTICLE 12

MISCELLANEOUS PROVISIONS


 

 

 

 

247)

Section

Added Chapter Numbers:

 

7-12.1-1201

123 and 124

 

 

7-12.1-1201. Uniformity of application and construction.

     In applying and construing this uniform act, consideration must be given to the need to

promote uniformity of the law with respect to its subject matter among states that enact it.


 

 

 

248)

Section

Added Chapter Numbers:

 

7-12.1-1202

123 and 124

 

 

7-12.1-1202. Relation to Electronic Signatures in Global and National Commerce Act.

     This chapter modifies, limits, and supersedes the Electronic Signatures in Global and

National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede

Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the

notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).


 

 

 

249)

Section

Added Chapter Numbers:

 

7-12.1-1203

123 and 124

 

 

7-12.1-1203. Savings clause.

     This chapter does not affect an action commenced, proceeding brought, or right accrued

before the effective date of this chapter.


 

 

 

250)

Section

Added Chapter Numbers:

 

7-12.1-1204

123 and 124

 

 

7-12.1-1204. Severability clause.

     If any provision of this chapter or its application to any person or circumstance is held

invalid, the invalidity does not affect other provisions or applications of this chapter which can be

given effect without the invalid provision or application, and to this end the provisions of this

chapter are severable.


 

 

 

 

251)

Section

Repealed Chapter Numbers:

 

7-13 to 7-13-8

121 and 122

 

 

7-13 to 7-13-8. [Repealed].


 

 

 

 

252)

Section

Repealed Chapter Numbers:

 

7-13-8.1

121 and 122

 

 

7-13-8.1 [Repealed].


 

 

 

 

253)

Section

Repealed Chapter Numbers:

 

7-13-8.2

121 and 122

 

 

7-13-8.2. [Repealed].


 

 

 

254)

Section

Repealed Chapter Numbers:

 

7-13-9 to7-13-52

121 and 122

 

 

7-13-9 to 7-13-52. [Repealed].


 

 

 

 

255)

Section

Repealed Chapter Numbers:

 

7-13-52.1

121 and 122

 

 

7-13-52.1. [Repealed].


 

 

256)

Section

Repealed Chapter Numbers:

 

7-13-53 to7-13-69

121 and 122

 

 

7-13-53 to 7-13-69. [Repealed].


 

257)

Section

Added Chapter Numbers:

 

7-13.1

121 and 122

 

 

CHAPTER 7-13.1

UNIFORM LIMITED PARTNERSHIP ACT


 

 

 

 

258)

Section

Added Chapter Numbers:

 

7-13.1-Pt.1

121 and 122

 

 

UNIFORM LIMITED PARTNERSHIP ACT

PART 1-GENERAL PROVISIONS


 

 

 

 

259)

Section

Added Chapter Numbers:

 

7-13.1-101

121 and 122

 

 

7-13.1-101. Short title.

     This chapter shall be known and may be cited as the "Uniform Limited Partnership Act".


 

 

 

 

260)

Section

Added Chapter Numbers:

 

7-13.1-102

121 and 122

 

 

7-13.1-102. Definitions.

     As used in this chapter:

     (1) "Certificate of limited partnership" means the certificate required by § 7-13.1-201. The

term includes the certificate as amended or restated.

     (2) "Contribution", except in the phrase "right of contribution", means property or a benefit

described in § 7-13.1-501 which is provided by a person to a limited partnership to become a partner

or in the person's capacity as a partner.

     (3) "Debtor in bankruptcy" means a person that is the subject of:

     (i) An order for relief under Title 11 of the United States Code or a comparable order under

a successor statute of general application; or

     (ii) A comparable order under federal, state, or foreign law governing insolvency.

     (4) "Deliver" means either physically transferring a paper document to the secretary of state

or transferring a document to the secretary of state by electronic transmission through a medium

provided and authorized by the secretary of state. "Delivered" and "delivering" have a

corresponding meaning.

     (5) "Distribution" means a transfer of money or other property from a limited partnership

to a person on account of a transferable interest or in the person's capacity as a partner. The term:

     (i) Includes:

     (A) A redemption or other purchase by a limited partnership of a transferable interest; and

     (B) A transfer to a partner in return for the partner's relinquishment of any right to

participate as a partner in the management or conduct of the partnership's activities and affairs or

to have access to records or other information concerning the partnership's activities and affairs;

and

     (ii) Does not include amounts constituting reasonable compensation for present or past

service or payments made in the ordinary course of business under a bona fide retirement plan or

other bona fide benefits program.

     (6) "Electronic transmission" means any form of communication, not directly involving

the physical transmission of paper that creates a record that may be retained, retrieved, and renewed

by a recipient thereof, and may be directly reproduced in a paper form by such a recipient through

an automated process.

     (7)"Foreign limited liability limited partnership" means a foreign limited partnership

whose general partners have limited liability for the debts, obligations, or other liabilities of the

foreign partnership under a provision similar to § 7-13.1-404(c).

     (8) "Foreign limited partnership" means an unincorporated entity formed under the law of

a jurisdiction other than this state which would be a limited partnership if formed under the law of

this state. The term includes a foreign limited liability limited partnership.

     (9) "General partner" means a person that:

     (i) Has become a general partner under § 7-13.1-401 or was a general partner in a

partnership when the partnership became subject to this chapter under § 7-13.1-112; and

     (ii) Has not dissociated as a general partner under § 7-13.1-603.

     (10) "Jurisdiction", used to refer to a political entity, means the United States, a state, a

foreign country, or a political subdivision of a foreign country.

     (11) "Jurisdiction of formation" means the jurisdiction whose law governs the internal

affairs of an entity.

     (12) "Limited liability limited partnership", except in the phrase "foreign limited liability

limited partnership" and in part 11 of this chapter, means a limited partnership whose certificate of

limited partnership states that the partnership is a limited liability limited partnership.

     (13) "Limited partner" means a person that:

     (i) Has become a limited partner under § 7-13.1-301 or was a limited partner in a limited

partnership when the partnership became subject to this chapter under § 7-13.1-112; and

     (ii) Has not dissociated under § 7-13.1-601.

     (14) "Limited partnership", except in the phrase "foreign limited partnership" and in part

11 of this chapter, means an entity formed under this chapter or which becomes subject to this

chapter under part 11 of this chapter or § 7-13.1-112. The term includes a limited liability limited

partnership.

     (15) "Partner" means a limited partner or general partner.

     (16) "Partnership agreement" means the agreement, whether or not referred to as a

partnership agreement and whether oral, implied, in a record, or in any combination thereof, of all

the partners of a limited partnership concerning the matters described in § 7-13.1-105(a). The term

includes the agreement as amended or restated.

     (17) "Person" means an individual, business corporation, nonprofit corporation,

partnership, limited partnership, limited liability company, general cooperative association, limited

cooperative association, unincorporated nonprofit association, cooperative housing corporation,

workers' cooperative, producers' cooperative, consumer's cooperative, statutory trust, business

trust, common-law business trust, estate, trust, association, joint venture, public corporation,

government or governmental subdivision, agency, or instrumentality, or any other legal or

commercial entity.

     (18) "Principal office" means the principal executive office of a limited partnership or

foreign limited partnership, whether or not the office is located in this state.

     (19) "Property" means all property, whether real, personal, or mixed or tangible or

intangible, or any right or interest therein.

     (20) "Record", used as a noun, means information that is inscribed on a tangible medium

or that is stored in an electronic or other medium and is retrievable in perceivable form.

     (21) "Registered agent" means an agent of a limited partnership or foreign limited

partnership which is authorized to receive service of any process, notice, or demand required or

permitted by law to be served on the partnership.

     (22) "Registered foreign limited partnership" means a foreign limited partnership that is

registered to do business in this state pursuant to a statement of registration filed by the secretary

of state.

     (23) "Required information" means the information that a limited partnership is required

to maintain under § 7-13.1-108.

     (24) "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.

     (25) "Signature" or "execution" means an original signature, facsimile, or an electronically

transmitted signature submitted through a medium provided and authorized by the secretary of

state. "Signed" and "executed" have a corresponding meaning.

     (26) "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the

United States.

     (27) "Transfer" includes:

     (i) An assignment;

     (ii) A conveyance;

     (iii) A sale;

     (iv) A lease;

     (v) An encumbrance, including a mortgage or security interest;

     (vi) A gift; and

     (vii) A transfer by operation of law.

     (28) "Transferable interest" means the right, as initially owned by a person in the person's

capacity as a partner, to receive distributions from a limited partnership, whether or not the person

remains a partner or continues to own any part of the right. The term applies to any fraction of the

interest, by whomever owned.

     (29) "Transferee" means a person to which all or part of a transferable interest has been

transferred, whether or not the transferor is a partner. The term includes a person that owns a

transferable interest under §§ 7-13.1-602(a)(3) or 7-13.1-605(a)(4).


 

 

 

261)

Section

Added Chapter Numbers:

 

7-13.1-103

121 and 122

 

 

7-13.1-103. Knowledge; Notice.

     (a) A person knows a fact if the person:

     (1) Has actual knowledge of it; or

     (2) Is deemed to know it under law other than this chapter.

     (b) A person has notice of a fact if the person:

     (1) Has reason to know the fact from all the facts known to the person at the time in

question; or

     (2) Is deemed to have notice of the fact under subsections subsection (c) or (d) of this

section.

     (c) A certificate of limited partnership on file in the office of the secretary of state is notice

that the partnership is a limited partnership and the persons designated in the certificate as general

partners are general partners. Except as otherwise provided in subsection (d) of this section, the

certificate is not notice of any other fact.

     (d) A person not a partner is deemed to have notice of:

     (1) A person's dissociation as a general partner ninety (90) days after an amendment to the

certificate of limited partnership which states that the other person has dissociated becomes

effective or ninety (90) days after a statement of dissociation pertaining to the other person becomes

effective, whichever occurs first;

     (2) A limited partnership's:

     (i) Dissolution ninety (90) days after an amendment to the certificate of limited partnership

stating that the limited partnership is dissolved becomes effective;

     (ii) Termination ninety (90) days after a statement of termination under § 7-13.1-

802(b)(2)(vi) becomes effective; and

     (iii) Participation in a merger, interest exchange, conversion, or domestication, ninety (90)

days after articles of merger, interest exchange, conversion, or domestication under part 11 of this

chapter become effective.

     (e) Subject to § 7-13.1-210(f), a person notifies another person of a fact by taking steps

reasonably required to inform the other person in ordinary course, whether or not those steps cause

the other person to know the fact.

     (f) A general partner's knowledge or notice of a fact relating to the limited partnership is

effective immediately as knowledge of or notice to the partnership, except in the case of a fraud on

the partnership committed by or with the consent of the general partner. A limited partner's

knowledge or notice of a fact relating to the partnership is not effective as knowledge of or notice

to the partnership.


 

 

 

 

262)

Section

Added Chapter Numbers:

 

7-13.1-104

121 and 122

 

 

7-13.1-104. Governing law.

     The law of this state governs:

     (1) The internal affairs of a limited partnership; and

     (2) The liability of a partner as partner for a debt, obligation, or other liability of a limited

partnership.


 

 

 

263)

Section

Added Chapter Numbers:

 

7-13.1-105

121 and 122

 

 

7-13.1-105. Partnership agreement; Scope, function, and limitations.

     (a) Except as otherwise provided in subsections (c) and (d) of this section, the partnership

agreement governs:

     (1) Relations among the partners as partners and between the partners and the limited

partnership;

     (2) The activities and affairs of the partnership and the conduct of those activities and

affairs; and

     (3) The means and conditions for amending the partnership agreement.

     (b) To the extent the partnership agreement does not provide for a matter described in

subsection (a) of this section, this chapter governs the matter.

     (c) A partnership agreement may not:

     (1) Vary the law applicable under § 7-13.1-104;

     (2) Vary a limited partnership's capacity under § 7-13.1-111 to sue and be sued in its own

name;

     (3) Vary any requirement, procedure, or other provision of this chapter pertaining to:

     (i) Registered agents; or

     (ii) The secretary of state, including provisions pertaining to records authorized or required

to be delivered to the secretary of state for filing under this chapter;

     (4) Vary the provisions of § 7-13.1-204;

     (5) Vary the right of a general partner under § 7-13.1-406(b)(2) to vote on or consent to an

amendment to the certificate of limited partnership which deletes a statement that the limited

partnership is a limited liability limited partnership;

     (6) Alter or eliminate the duty of loyalty or the duty of care except as otherwise provided

in subsection (d) of this section;

     (7) Eliminate the contractual obligation of good faith and fair dealing under §§ 7-13.1-

305(a) and 7-13.1-409(d), but the partnership agreement may prescribe the standards, if not

manifestly unreasonable, by which the performance of the obligation is to be measured;

     (8) Relieve or exonerate a person from liability for conduct involving bad faith, willful or

intentional misconduct, or knowing violation of law;

     (9) Vary the information required under § 7-13.1-108 or unreasonably restrict the duties

and rights under §§ 7-13.1-304 or 7-13.1-407, but the partnership agreement may impose

reasonable restrictions on the availability and use of information obtained under those sections and

may define appropriate remedies, including liquidated damages, for a breach of any reasonable

restriction on use;

     (10) Vary the grounds for expulsion specified in § 7-13.1-603(5)(ii);

     (11) Vary the power of a person to dissociate as a general partner under § 7-13.1-604(a),

except to require that the notice under § 7-13.1-603(1) be in a record;

     (12) Vary the causes of dissolution specified in § 7-13.1-801(a)(6);

     (13) Vary the requirement to wind up the partnership's activities and affairs as specified in

§§ 7-13.1-802(a), 7-13.1-802 (b)(1), and 7-13.1-802(d);

     (14) Unreasonably restrict the right of a partner to maintain an action under part 9 of this

chapter;

     (15) Vary the provisions of § 7-13.1-905, but the partnership agreement may provide that

the partnership may not have a special litigation committee;

     (16) Vary the right of a partner to approve a merger, interest exchange, conversion, or

domestication under §§ 7-13.1-11.23(a)(2) 7-13.1-1123(a)(2)7-13.1-11.33(a)(2) 7-13.1-

1133(a)(2)7-13.1-11.43(a)(2) 7-13.1-1143(a)(2), or 7-13.1-11.53(a)(2) 7-13.1-1153(a)(2);

     (17) Vary the required contents of a plan of merger under § 7-13.1-11.22(a) 7-13.1-

1122(a), plan of interest exchange under § 7-13.1-11.32(a) 7-13.1-1132(a), plan of conversion

under § 7-13.1-11.42(a) 7-13.1-1142(a), or plan of domestication under § 7-13.1-11.52(a) 7-13.1-

1152(a); or

     (18) Except as otherwise provided in §§ 7-13.1-106 and 7-13.1-107(b), restrict the rights

under this chapter of a person other than a partner.

     (d) Subject to subsection (c)(8) of this section, without limiting other terms that may be

included in a partnership agreement, the following rules apply:

     (1) The partnership agreement may:

     (i) Specify the method by which a specific act or transaction that would otherwise violate

the duty of loyalty may be authorized or ratified by one or more disinterested and independent

persons after full disclosure of all material facts; and

     (ii) Alter the prohibition in § 7-13.1-504(a)(2) so that the prohibition requires only that the

partnership's total assets not be less than the sum of its total liabilities.

     (2) If not manifestly unreasonable, the partnership agreement may:

     (i) Alter or eliminate the aspects of the duty of loyalty stated in § 7-13.1-409(b);

     (ii) Identify specific types or categories of activities that do not violate the duty of loyalty;

     (iii) Alter the duty of care, but may not authorize conduct involving bad faith, willful or

intentional misconduct, or knowing violation of law; and

     (iv) Alter or eliminate any other fiduciary duty.

     (e) The superior court shall decide as a matter of law whether a term of a partnership

agreement is manifestly unreasonable under subsection (c)(7) or (d)(2) of this section. The superior

court:

     (1) Shall make its determination as of the time the challenged term became part of the

partnership agreement and by considering only circumstances existing at that time; and

     (2) May invalidate the term only if, in light of the purposes, activities, and affairs of the

limited partnership, it is readily apparent that:

     (i) The objective of the term is unreasonable; or

     (ii) The term is an unreasonable means to achieve its objective.


 

 

 

264)

Section

Added Chapter Numbers:

 

7-13.1-106

121 and 122

 

 

7-13.1-106. Partnership agreement -- Effect on limited partnership and person

becoming partner -- Preformation agreement.

     (a) A limited partnership is bound by and may enforce the partnership agreement, whether

or not the partnership has itself manifested assent to the agreement.

     (b) A person that becomes a partner is deemed to assent to the partnership agreement.

     (c) Two (2) or more persons intending to become the initial partners of a limited partnership

may make an agreement providing that upon the formation of the partnership the agreement will

become the partnership agreement.


 

 

 

265)

Section

Added Chapter Numbers:

 

7-13.1-107

121 and 122

 

 

7-13.1-107. Partnership agreement -- Effect on third parties and relationship to

records effective on behalf of limited partnership.

     (a) A partnership agreement may specify that its amendment requires the approval of a

person that is not a party to the agreement or the satisfaction of a condition. An amendment is

ineffective if its adoption does not include the required approval or satisfy the specified condition.

     (b) The obligations of a limited partnership and its partners to a person in the person's

capacity as a transferee or person dissociated as a partner are governed by the partnership

agreement. Subject only to a court order issued under § 7-13.1-703(b)(2) to effectuate a charging

order, an amendment to the partnership agreement made after a person becomes a transferee or is

dissociated as a partner:

     (1) Is effective with regard to any debt, obligation, or other liability of the partnership or

its partners to the person in the person's capacity as a transferee or person dissociated as a partner;

and

     (2) Is not effective to the extent the amendment imposes a new debt, obligation, or other

liability on the transferee or person dissociated as a partner.

     (c) If a record delivered by a limited partnership to the secretary of state for filing becomes

effective and contains a provision that would be ineffective under § 7-13.1-105(c) or 7-13.1-

105(d)(2) if contained in the partnership agreement, the provision is ineffective in the record.

     (d) Subject to subsection (c) of this section, if a record delivered by a limited partnership

to the secretary of state for filing becomes effective and conflicts with a provision of the partnership

agreement:

     (1) The agreement prevails as to partners, persons dissociated as partners, and transferees;

and

     (2) The record prevails as to other persons to the extent they reasonably rely on the record.


 

 

 

266)

Section

Added Chapter Numbers:

 

7-13.1-108

121 and 122

 

 

7-13.1-108. Required information.

     A limited partnership shall maintain at its principal office the following information:

     (1) A current list showing the full name and last known street and mailing address of each

partner, separately identifying the general partners, in alphabetical order, and the limited partners,

in alphabetical order;

     (2) A copy of the initial certificate of limited partnership and all amendments to and

restatements of the certificate, together with signed copies of any powers of attorney under which

any certificate, amendment, or restatement has been signed;

     (3) A copy of any filed articles of merger, interest exchange, conversion, or domestication;

     (4) A copy of the partnership's federal, state, and local income tax returns and reports, if

any, for the three (3) most recent years;

     (5) A copy of any partnership agreement made in a record and any amendment made in a

record to any partnership agreement;

     (6) A copy of any financial statement of the partnership for the three (3) most recent years;

     (7) A copy of the three (3) most recent annual reports delivered by the partnership to the

secretary of state pursuant to § 7-13.1-212;

     (8) A copy of any record made by the partnership during the past three (3) years of any

consent given by or vote taken of any partner pursuant to this chapter or the partnership agreement;

and

     (9) Unless contained in a partnership agreement made in a record, a record stating:

     (i) A description and statement of the agreed value of contributions other than money made

and agreed to be made by each partner;

     (ii) The times at which, or events on the happening of which, any additional contributions

agreed to be made by each partner are to be made;

     (iii) For any person that is both a general partner and a limited partner, a specification of

what transferable interest the person owns in each capacity; and

     (iv) Any events upon the happening of which the partnership is to be dissolved and its

activities and affairs wound up.


 

 

 

267)

Section

Added Chapter Numbers:

 

7-13.1-109

121 and 122

 

 

7-13.1-109. Dual capacity.

     A person may be both a general partner and a limited partner. A person that is both a general

and limited partner has the rights, powers, duties, and obligations provided by this chapter and the

partnership agreement in each of those capacities. When the person acts as a general partner, the

person is subject to the obligations, duties, and restrictions under this chapter and the partnership

agreement for general partners. When the person acts as a limited partner, the person is subject to

the obligations, duties, and restrictions under this chapter and the partnership agreement for limited

partners.


 

 

 

 

 

268)

Section

Added Chapter Numbers:

 

7-13.1-110

121 and 122

 

 

7-13.1-110. Nature, purpose, and duration of limited partnership.

     (a) A limited partnership is an entity distinct from its partners. A limited partnership is the

same entity regardless of whether its certificate states that the limited partnership is a limited

liability limited partnership.

     (b) A limited partnership may have any lawful purpose, regardless of whether for profit.

     (c) A limited partnership has perpetual duration.


 

 

 

 

269)

Section

Added Chapter Numbers:

 

7-13.1-111

121 and 122

 

 

7-13.1-111. Powers.

     A limited partnership has the capacity to sue and be sued in the name of the partnership

and the power to do all things necessary or convenient to carry on the partnership's activities and

affairs.


 

 

 

 

270)

Section

Added Chapter Numbers:

 

7-13.1-112

121 and 122

 

 

7-13.1-112. Application to existing relationships -- Effect of repeal of prior acts.

     (a) Before one year after the effective date of this chapter, this chapter governs only:

     (1) A limited partnership formed on or after the effective date of this chapter; and

     (2) Except as otherwise provided in subsections (c) and (d) of this section, a limited

partnership formed before the effective date of this chapter which elects, in the manner provided in

its partnership agreement or by law for amending the partnership agreement, to be subject to this

chapter.

     (b) Except as otherwise provided in subsections (c) and (d) of this section, on and after one

year after the effective date of this chapter, this chapter governs all limited partnerships.

     (c) With respect to a limited partnership formed before the effective date of this chapter,

the following rules apply except as the partners otherwise elect in the manner provided in the

partnership agreement or by law for amending the partnership agreement:

     (1) Section 7-13.1-110(c) does not apply and the limited partnership has whatever duration

it had under the law applicable immediately before the effective date of this chapter.

     (2) The limited partnership is not required to amend its certificate of limited partnership to

comply with § 7-13.1-201(b)(5).

     (3) Sections 7-13.1-601 and 7-13.1-602 do not apply and a limited partner has the same

right and power to dissociate from the limited partnership, with the same consequences, as existed

immediately before the effective date of this chapter.

     (4) Section 7-13.1-603(4) does not apply.

     (5) Section 7-13.1-603(5) does not apply and a court has the same power to expel a general

partner as the court had immediately before the effective date of this chapter.

     (6) Section 7-13.1-801(a)(3) does not apply and the connection between a person's

dissociation as a general partner and the dissolution of the limited partnership is the same as existed

immediately before the effective date of this chapter.

     (d) With respect to a limited partnership that elects pursuant to subsection (a)(2) of this

section to be subject to this chapter, after the election takes effect the provisions of this chapter

relating to the liability of the limited partnership's general partners to third parties apply:

     (1) Before one year after the effective date, to:

     (i) A third party that had not done business with the limited partnership in the year before

the election took effect; and

     (ii) A third party that had done business with the limited partnership in the year before the

election took effect only if the third party knows or has been notified of the election; and

     (2) On and after one year after the effective date of this chapter, to all third parties, but

those provisions remain inapplicable to any obligation incurred while those provisions were

inapplicable under subsection (d)(1)(ii) of this section.


 

 

 

 

271)

Section

Added Chapter Numbers:

 

7-13.1-113

121 and 122

 

 

7-13.1-113. Supplemental principles of law.

     Unless displaced by particular provisions of this chapter, the principles of law and equity

supplement this chapter.


 

 

 

 

272)

Section

Added Chapter Numbers:

 

7-13.1-114

121 and 122

 

 

7-13.1-114. Permitted names.

     (a) The name of a limited partnership may contain the name of any partner.

     (b) The name of a limited partnership that is not a limited liability limited partnership must

contain the phrase "limited partnership" or the abbreviation "LP" or "L.P." and may not contain the

phrase "limited liability limited partnership" or the abbreviation "LLLP" or "L.L.L.P.".

     (c) The name of a limited liability limited partnership must contain the phrase "limited

liability limited partnership" or the abbreviation "LLLP" or "L.L.L.P." and must not contain the

abbreviation "LP" or "L.P.".

     (d) The name of a limited partnership, and the name under which a foreign limited

partnership may register to do business in this state, must be distinguishable on the records of the

secretary of state from any name of an existing person whose formation or qualification required

the filing of a record by the secretary of state or any name that is filed, reserved, or registered under

this chapter or as permitted by the laws of this state, subject to the following:

     (1) This provision does not apply if the applicant files with the secretary of state a certified

copy of a final decree of a court of competent jurisdiction establishing the prior right of the

applicant to the use of the name in this state; and

     (2) The name may be the same as the name of an existing person, the certificate of

incorporation or organization of which has been revoked by the secretary of state as permitted by

law, and the revocation has not been withdrawn within one year from the date of the revocation.

     (e) Words and/or abbreviations that are required by statute to identify the particular type of

business entity shall be disregarded when determining if a name is distinguishable upon the records

of the secretary of state.

     (f) The secretary of state shall promulgate rules and regulations defining the term

"distinguishable upon the record" for the administration of this chapter.


 

 

 

 

273)

Section

Added Chapter Numbers:

 

7-13.1-115

121 and 122

 

 

7-13.1-115. Reservation of name.

     (a) A person may reserve the exclusive use of a name that complies with § 7-13.1-114 by

delivering an application to the secretary of state for filing. The application must state the name

and address of the applicant and the name to be reserved. If the secretary of state finds that the

name is available, the secretary of state shall reserve the name for the applicant's exclusive use for

one hundred twenty (120) days.

     (b) The owner of a reserved name may transfer the reservation to another person by

delivering to the secretary of state a signed notice in a record of the transfer which states the name

and address of the person to which the reservation is being transferred.


 

 

 

274)

Section

Added Chapter Numbers:

 

7-13.1-116

121 and 122

 

 

7-13.1-116. Registration of name.

     (a) A foreign limited partnership not registered to do business in this state under part 10 of

this chapter may register its name, or an alternate name adopted pursuant to § 7-13.1-1006, if the

name is distinguishable on the records of the secretary of state from the names that are not available

under § 7-13.1-114.

     (b) To register its name or an alternate name adopted pursuant to § 7-13.1-1006, a foreign

limited partnership must deliver to the secretary of state for filing an application stating the

partnership's name, the jurisdiction and date of its formation, and any alternate name adopted

pursuant to § 7-13.1-1006. If the secretary of state finds that the name applied for is available, the

secretary of state shall register the name for the applicant's exclusive use.

     (c) The registration of a name under this section is effective for one year after the date of

registration.

     (d) A foreign limited partnership whose name registration is effective may renew the

registration for successive one-year periods by delivering, not earlier than three (3) months before

the expiration of the registration, to the secretary of state for filing a renewal application that

complies with this section. When filed, the renewal application renews the registration for a

succeeding one-year period.

     (e) A foreign limited partnership whose name registration is effective may register as a

foreign limited partnership under the registered name or consent in a signed record to the use of

that name by another person that is not an individual.


 

 

 

275)

Section

Added Chapter Numbers:

 

7-13.1-117

121 and 122

 

 

7-13.1-117. Registered agent.

     (a) Each limited partnership and each registered foreign limited partnership shall designate

and maintain a registered agent in this state. The designation of a registered agent is an affirmation

of fact by the limited partnership or registered foreign limited partnership that the agent has

consented to serve.

     (b) A registered agent for a limited partnership or registered foreign limited partnership

must be an existing person and have a place of business in this state.

     (c) The only duties under this chapter of a registered agent that has complied with this

chapter are:

     (1) To forward to the limited partnership or registered foreign limited partnership at the

address most recently supplied to the agent by the partnership or foreign partnership any process,

notice, or demand pertaining to the partnership or foreign partnership which is served on or received

by the agent;

     (2) If the registered agent resigns, to provide the notice required by § 7-13.1-119(c) to the

partnership or foreign partnership at the address most recently supplied to the agent by the

partnership or foreign partnership; and

     (3) To keep current the information with respect to the agent in the records of the secretary

of state.


 

 

 

276)

Section

Added Chapter Numbers:

 

7-13.1-118

121 and 122

 

 

7-13.1-118. Change of registered agent or address for registered agent by limited

partnership.

     (a) A limited partnership or registered foreign limited partnership may change its registered

agent or the address of its registered agent by delivering to the secretary of state for filing a

statement of change that states:

     (1) The name of the partnership or foreign partnership; and

     (2) The information that is to be in effect as a result of the filing of the statement of change.

     (b) The general or limited partners of a limited partnership need not approve the delivery

to the secretary of state for filing of:

     (1) A statement of change under this section; or

     (2) A similar filing changing the registered agent or registered office, if any, of the

partnership in any other jurisdiction.

     (c) A statement of change under this section designating a new registered agent is an

affirmation of fact by the limited partnership or registered foreign limited partnership that the agent

has consented to serve.

     (d) Any person who designates a registered agent without the registered agent's authority

is guilty of a misdemeanor and, upon conviction, may be punished by a fine of not more than one

thousand dollars ($1,000) or by imprisonment of not more than one year, or both.


 

 

 

277)

Section

Added Chapter Numbers:

 

7-13.1-119

121 and 122

 

 

7-13.1-119. Resignation of registered agent.

     (a) A registered agent may resign as an agent for a limited partnership or registered foreign

limited partnership by delivering to the secretary of state for filing a statement of resignation that

states:

     (1) The name of the partnership or foreign partnership;

     (2) The name of the agent;

     (3) That the agent resigns from serving as registered agent for the partnership or foreign

partnership; and

     (4) The address of the partnership or foreign partnership to which the secretary of state will

send the notice required by subsection (c) of this section.

     (b) A statement of resignation takes effect on the earlier of:

     (1) The thirty-first day after the day on which it is filed by the secretary of state; or

     (2) The designation of a new registered agent for the limited partnership or registered

foreign limited partnership.

     (c) A registered agent promptly shall furnish to the limited partnership or registered foreign

limited partnership notice in a record of the date on which a statement of resignation was filed.

     (d) When a statement of resignation takes effect, the registered agent ceases to have

responsibility under this chapter for any matter thereafter tendered to it as agent for the limited

partnership or registered foreign limited partnership. The resignation does not affect any contractual

rights the partnership or foreign partnership has against the agent or that the agent has against the

partnership or foreign partnership.

     (e) A registered agent may resign with respect to a limited partnership or registered foreign

limited partnership whether or not the partnership or foreign partnership is in good standing.


 

 

 

 

278)

Section

Added Chapter Numbers:

 

7-13.1-120

121 and 122

 

 

7-13.1-120. Change of name or address by registered agent.

     (a) If a registered agent changes its name or address, the agent may deliver to the secretary

of state for filing a statement of change that states:

     (1) The name of the limited partnership or registered foreign limited partnership

represented by the registered agent;

     (2) The name of the agent as currently shown in the records of the secretary of state for the

partnership or foreign partnership;

     (3) If the name of the agent has changed, its new name; and

     (4) If the address of the agent has changed, its new address.

     (b) A registered agent promptly shall furnish notice to the represented limited partnership

or registered foreign limited partnership of the filing by the secretary of state of the statement of

change and the changes made by the statement.


 

 

 

 

279)

Section

Added Chapter Numbers:

 

7-13.1-121

121 and 122

 

 

7-13.1-121. Service of process, notice, or demand.

     (a) A limited partnership or registered foreign limited partnership may be served with any

process, notice, or demand required or permitted by law by serving its registered agent.

     (b) If a limited partnership or registered foreign limited partnership fails to appoint or

maintain a registered agent in this state, or whenever its registered agent cannot with reasonable

diligence be found at the registered office, then the secretary of state is an agent of the corporation

upon whom any process, notice, or demand may be served. Service on the secretary of state of any

process, notice, or demand is made by delivering to and leaving with the secretary of state or with

any clerk having charge of the corporation department of the office, duplicate copies of the process,

notice, or demand. In the event any process, notice, or demand is served on the secretary of state,

the secretary of state shall immediately forward one of the copies by certified mail, addressed to

the corporation at its registered office. Any service upon the secretary of state is returnable in not

less than thirty (30) days.

     (c) The secretary of state shall maintain a record of any such service setting forth the name

of the plaintiff and defendant, the title, docket number and nature of the proceeding in which

process has been served upon the secretary of state, the fact that service has been effected pursuant

to this section, the return date thereof, and the day and hour when the service was made. The

secretary of state shall not be required to retain such information for a period longer than five (5)

years from receipt of the service of process.

     (d) Service of process, notice, or demand on a registered agent must be in a written record.

     (e) Service of process, notice, or demand may be made by other means under law other

than this chapter.


 

 

 

 

280)

Section

Added Chapter Numbers:

 

7-13.1-122

121 and 122

 

 

7-13.1-122. Delivery of record.

     (a) Except as otherwise provided in this chapter, permissible means of delivery of a record

include delivery by hand, mail, conventional commercial practice, and electronic transmission.

     (b) Delivery to the secretary of state is effective only when a record is received by the

secretary of state.


 

 

 

 

281)

Section

Added Chapter Numbers:

 

7-13.1-123

121 and 122

 

 

7-13.1-123. Fees for filing documents and issuing certificates.

     The secretary of state shall charge and collect for:

     (1) Filing a certificate of limited partnership, one hundred dollars ($100);

     (2) Filing a certificate of amendment to a certificate of limited partnership, fifty dollars

($50.00);

     (3) Filing a certificate of correction to a certificate of limited partnership, fifty dollars

($50.00);

     (3) Filing a certificate of dissolution of a certificate of limited partnership, ten dollars

($10.00);

     (4) Filing an application to reserve a limited partnership name, fifty dollars ($50.00);

     (5) Filing a notice of transfer of a reserved limited partnership name, fifty dollars ($50.00);

     (6) Filing a statement of change of address of specified office or change of specified agent,

twenty dollars ($20.00);

     (7) Filing a statement of change of address only for a specified agent, without fee;

     (8) Filing an application of a foreign limited partnership to register as a foreign limited

partnership, one hundred dollars ($100);

      (9) Filing a certificate of withdrawal of registration as a foreign limited partnership,

twenty-five dollars ($25.00);

     (10) Filing any other document, statement, or report of a domestic or foreign limited

partnership, except an annual report, ten dollars ($10.00);

     (11) Filing a certificate of amendment of a foreign limited partnership, fifty dollars

($50.00);

     (12) An annual report of a domestic or foreign limited partnership, fifty dollars ($50.00);

     (13) To withdraw the certificate of revocation of a limited partnership, whether domestic

or foreign, a penalty in the amount of fifty dollars ($50.00) for each year or part of the year that has

elapsed since the issuance of the certificate of revocation;

     (14) For issuing a certificate of good standing/letter of status, twenty dollars ($20.00).

     (15) For issuing a certificate of fact, thirty dollars ($30.00);

     (16) For furnishing a certified copy of any document, instrument, or paper relating to a

domestic or foreign limited partnership, a fee of fifteen cents ($.15) per page and ten dollars

($10.00) for the certificate and affirming the seal to it; and

     (17) Service of process on the secretary of state as registered agent of a limited partnership,

fifteen dollars ($15.00) which amount may be recovered as a taxable cost by the party to the suit or

action making the service if the party prevails in the suit or action.


 

 

 

 

282)

Section

Added Chapter Numbers:

 

7-13.1-124

121 and 122

 

 

7-13.1-124. Reservation of power to amend or repeal.

     The general assembly of this state has power to amend or repeal all or part of this chapter

at any time, and all limited partnerships and foreign limited partnerships subject to this chapter are

governed by the amendment or repeal.


 

 

 

 

283)

Section

Added Chapter Numbers:

 

7-13.1-Pt.2

121 and 122

 

 

PART 2- FORMATION -- CERTIFICATE OF LIMITED PARTNERSHIP AND OTHER

FILINGS


 

 

 

 

 

284)

Section

Added Chapter Numbers:

 

7-13.1-201

121 and 122

 

 

7-13.1-201. Formation of limited partnership -- Certificate of limited partnership.

     (a) To form a limited partnership, a person must deliver a certificate of limited partnership

to the secretary of state for filing.

     (b) A certificate of limited partnership must state:

     (1) The name of the limited partnership, which must comply with § 7-13.1-114;

     (2) The address of the partnership's principal office;

     (3) The name and street address in this state of the partnership's registered agent;

     (4) The name and address of each general partner; and

     (5) Whether the limited partnership is a limited liability limited partnership.

     (c) A certificate of limited partnership may contain statements as to matters other than those

required by subsection (b) of this section, but may not vary or otherwise affect the provisions

specified in §§ 7-13.1-105(c) and 7-13.1-105(d) in a manner inconsistent with that section.

     (d) A limited partnership is formed when:

     (1) The certificate of limited partnership becomes effective;

     (2) At least two (2) persons have become partners;

     (3) At least one person has become a general partner; and

     (4) At least one person has become a limited partner.


 

 

 

 

285)

Section

Added Chapter Numbers:

 

7-13.1-202

121 and 122

 

 

7-13.1-202. Amendment or restatement of certificate of limited partnership.

     (a) A certificate of limited partnership may be amended or restated at any time.

     (b) To amend its certificate of limited partnership, a limited partnership must deliver to the

secretary of state for filing an amendment stating:

     (1) The name of the partnership;

     (2) The date of filing of its initial certificate; and

     (3) The text of the amendment.

     (c) To restate its certificate of limited partnership, a limited partnership must deliver to the

secretary of state for filing a restatement, designated as such in its heading.

     (d) A limited partnership shall promptly deliver to the secretary of state for filing an

amendment to a certificate of limited partnership to reflect:

     (1) The admission of a new general partner;

     (2) The dissociation of a person as a general partner; or

     (3) The appointment of a person to wind up the limited partnership's activities and affairs

under §§ 7-13.1-802(c) or 7-13.1-802 (d).

     (e) If a general partner knows that any information in a filed certificate of limited

partnership was inaccurate when the certificate was filed or has become inaccurate due to changed

circumstances, the general partner shall promptly:

     (1) Cause the certificate to be amended; or

     (2) If appropriate, deliver to the secretary of state for filing a statement of change under §

7-13.1-118 or a statement of correction under § 7-13.1-209.


 

 

 

286)

Section

Added Chapter Numbers:

 

7-13.1-203

121 and 122

 

 

7-13.1-203. Signing of records to be delivered for filing to secretary of state.

     (a) A record delivered to the secretary of state for filing pursuant to this chapter must be

signed as follows:

     (1) An initial certificate of limited partnership must be signed by all general partners listed

in the certificate.

     (2) An amendment to the certificate of limited partnership adding or deleting a statement

that the limited partnership is a limited liability limited partnership must be signed by all general

partners listed in the certificate.

     (3) An amendment to the certificate of limited partnership designating as general partner a

person admitted under § 7-13.1-801(a)(3)(ii) following the dissociation of a limited partnership's

last general partner must be signed by that person.

     (4) An amendment to the certificate of limited partnership required by § 7-13.1-802(c)

following the appointment of a person to wind up the dissolved limited partnership's activities and

affairs must be signed by that person.

     (5) Any other amendment to the certificate of limited partnership must be signed by:

     (i) At least one general partner listed in the certificate;

     (ii) Each person designated in the amendment as a new general partner; and

     (iii) Each person that the amendment indicates has dissociated as a general partner, unless:

     (A) The person is deceased or a guardian or general conservator has been appointed for the

person and the amendment so states; or

     (B) The person has previously delivered to the secretary of state for filing a statement of

dissociation.

     (6) A restated certificate of limited partnership must be signed by at least one general

partner listed in the certificate, and, to the extent the restated certificate effects a change under any

other subsection of this section, the certificate must be signed in a manner that satisfies that

subsection.

     (7) A statement of termination must be signed by all general partners listed in the certificate

of limited partnership or, if the certificate of a dissolved limited partnership lists no general

partners, by the person appointed pursuant to §§ 7-13.1-802(c) or 7-13.1-802(d) to wind up the

dissolved limited partnership's activities and affairs.

     (8) Any other record delivered by a limited partnership to the secretary of state for filing

must be signed by at least one general partner listed in the certificate of limited partnership.

     (9) A statement by a person pursuant to § 7-13.1-605(a)(3) stating that the person has

dissociated as a general partner must be signed by that person.

     (10) A statement of negation by a person pursuant to § 7-13.1-306 must be signed by that

person.

     (11) Any other record delivered on behalf of a person to the secretary of state for filing

must be signed by that person.

     (b) Any record delivered for filing under this chapter may be signed by an agent. Whenever

this chapter requires a particular individual to sign a record and the individual is deceased or

incompetent, the record may be signed by a legal representative of the individual.

     (c) A person that signs a record as an agent or legal representative thereby affirms as a fact

that the person is authorized to sign the record.


 

 

 

 

 

287)

Section

Added Chapter Numbers:

 

7-13.1-204

121 and 122

 

 

7-13.1-204. Signing and filing pursuant to judicial order.

     (a) If a person required by this chapter to sign a record or deliver a record to the secretary

of state for filing under this chapter does not do so, any other person that is aggrieved may petition

the superior court to order:

     (1) The person to sign the record;

     (2) The person to deliver the record to the secretary of state for filing; or

     (3) The secretary of state to file the record unsigned.

     (b) If a petitioner under subsection (a) of this section is not the limited partnership or

foreign limited partnership to which the record pertains, the petitioner shall make the partnership

or foreign partnership a party to the action.

     (c) A record filed under subsection (a)(3) of this section is effective without being signed.


 

 

 

 

 

288)

Section

Added Chapter Numbers:

 

7-13.1-205

121 and 122

 

 

7-13.1-205. Liability for inaccurate information in filed record.

     (a) If a record delivered to the secretary of state for filing under this chapter and filed by

the secretary of state contains inaccurate information, a person that suffers loss by reliance on the

information may recover damages for the loss from:

     (1) A person that signed the record, or caused another to sign it on the person's behalf, and

knew the information to be inaccurate at the time the record was signed; and

     (2) A general partner if:

     (i) The record was delivered for filing on behalf of the partnership; and

     (ii) The general partner knew or had notice of the inaccuracy for a reasonably sufficient

time before the information was relied upon so that, before the reliance, the general partner

reasonably could have:

     (A) Effected an amendment under § 7-13.1-202;

     (B) Filed a petition under § 7-13.1-204; or

     (C) Delivered to the secretary of state for filing a statement of change under § 7-13.1-118

or a statement of correction under § 7-13.1-209.

     (b) An individual who signs a record authorized or required to be filed under this chapter

affirms under penalty of perjury that the information stated in the record is accurate.


 

 

 

289)

Section

Added Chapter Numbers:

 

7-13.1-206

121 and 122

 

 

7-13.1-206. Filing requirements.

     (a) To be filed by the secretary of state pursuant to this chapter, a record must be received

by the secretary of state, must comply with this chapter, and satisfy the following:

     (1) The filing of the record must be required or permitted by this chapter.

     (2) The record must be physically delivered in written form unless and to the extent the

secretary of state permits electronic delivery of records.

     (3) The words in the record must be in English, and numbers must be in Arabic or Roman

numerals, but the name of an entity need not be in English if written in English letters or Arabic or

Roman numerals.

     (4) The record must be signed under pains and penalties of perjury by a person authorized

or required under this chapter to sign the record.

     (5) The record must state the name and capacity, if any, of each individual who signed it,

either on behalf of the individual or the person authorized or required to sign the record, but need

not contain a seal, attestation, acknowledgment, or verification.

     (b) If law other than this chapter prohibits the disclosure by the secretary of state of

information contained in a record delivered to the secretary of state for filing, the secretary of state

shall file the record if the record otherwise complies with this chapter but may redact the

information.

     (c) When a record is delivered to the secretary of state for filing, any fee required under

this chapter and any fee, tax, interest, or penalty required to be paid under this chapter or law other

than this chapter must be paid in a manner permitted by the secretary of state or by that law.

     (d) The secretary of state may require that a record delivered in written form be

accompanied by an identical or conformed copy.

     (e) The secretary of state may provide forms for filings required or permitted to be made

by this chapter, but, except as otherwise provided in subsection (f) of this section and § 7-13.1-22,

their use is not required.

     (f) The secretary of state may require that a cover sheet for a filing be on a form prescribed

by the secretary of state.


 

 

 

290)

Section

Added Chapter Numbers:

 

7-13.1-207

121 and 122

 

 

7-13.1-207. Effective date and time.

     Except as otherwise provided in § 7-13.1-208 and subject to § 7-13.1-209(d), a record filed

under this chapter is effective:

     (1) On the date and at the time of its filing by the secretary of state, as provided in § 7-

13.1-210(b);

     (2) On the date of filing and at the time specified in the record as its effective time, if later

than the time under subsection (1) of this section;

     (3) At a specified delayed effective date and time, which may not be more than ninety (90)

days after the date of filing; or

     (4) If a delayed effective date is specified, but no time is specified, at 12:01 a.m. on the

date specified, which may not be more than ninety (90) days after the date of filing.


 

 

 

291)

Section

Added Chapter Numbers:

 

7-13.1-208

121 and 122

 

 

7-13.1-208. Withdrawal of filed record before effectiveness.

     (a) Except as otherwise provided in §§ 7-13.1-11.24, 7-13.1-11.34, 7-13.1-11.44, and 7-

13.1-11.54, a record delivered to the secretary of state for filing may be withdrawn before it takes

effect by delivering to the secretary of state for filing a statement of withdrawal.

     (b) A statement of withdrawal must:

     (1) Be signed by each person that signed the record being withdrawn, except as otherwise

agreed by those persons;

     (2) Identify the record to be withdrawn; and

     (3) If signed by fewer than all the persons that signed the record being withdrawn, state

that the record is withdrawn in accordance with the agreement of all the persons that signed the

record.

     (c) On filing by the secretary of state of a statement of withdrawal, the action or transaction

evidenced by the original record does not take effect.


 

 

 

 

292)

Section

Added Chapter Numbers:

 

7-13.1-209

121 and 122

 

 

7-13.1-209. Correcting filed record.

     (a) A person on whose behalf a filed record was delivered to the secretary of state for filing

may correct the record if:

     (1) The record at the time of filing was inaccurate;

     (2) The record was defectively signed; or

     (3) The electronic transmission of the record to the secretary of state was defective.

     (b) To correct a filed record, a person on whose behalf the record was delivered to the

secretary of state must deliver to the secretary of state for filing a statement of correction.

     (c) A statement of correction:

     (1) May not state a delayed effective date;

     (2) Must be signed by the person correcting the filed record;

     (3) Must identify the filed record to be corrected;

     (4) Must specify the inaccuracy or defect to be corrected; and

     (5) Must correct the inaccuracy or defect.

     (d) A statement of correction is effective as of the effective date of the filed record that it

corrects except for purposes of § 7-13.1-103(d) and as to persons relying on the uncorrected filed

record and adversely affected by the correction. For those purposes and as to those persons, the

statement of correction is effective when filed.


 

 

 

293)

Section

Added Chapter Numbers:

 

7-13.1-210

121 and 122

 

 

7-13.1-210. Duty of secretary of state to file -- Review of refusal to file -- Delivery of

record by secretary of state.

     (a) The secretary of state shall file a record delivered to the secretary of state for filing

which satisfies this chapter. The duty of the secretary of state under this section is ministerial.

     (b) When the secretary of state files a record, the secretary of state shall record it as filed

on the date and at the time of its delivery. After filing a record, the secretary of state shall deliver

to the person that submitted the record a copy of the record with an acknowledgment of the date

and time of filing.

     (c) If the secretary of state refuses to file a record, the secretary of state shall, not later than

fifteen (15) business days after the record is delivered:

     (1) Return the record or notify the person that submitted the record of the refusal; and

     (2) Provide a brief explanation in a record of the reason for the refusal.

     (d) If the secretary of state refuses to file a record, the person that submitted the record may

petition the superior court to compel filing of the record. The record and the explanation of the

secretary of state of the refusal to file must be attached to the petition. The court may decide the

matter in a summary proceeding.

     (e) The filing of or refusal to file a record does not:

     (1) Affect the validity or invalidity of the record in whole or in part; or

     (2) Create a presumption that the information contained in the record is correct or incorrect.

     (f) Except as otherwise provided by § 7-13.1-121 or by law other than this chapter, the

secretary of state may deliver any record to a person by delivering it:

     (1) In person to the person that submitted it;

     (2) To the address of the person's registered agent;

     (3) To the principal office of the person;

     (4) To an electronic address the person provides to the secretary of state for delivery; or

     (5) By providing, at no cost to the filer, access to a downloadable copy of the record from

the secretary of state's online corporate database.

     (g) Notwithstanding that any instrument authorized to be filed with the secretary of state

under this chapter is when filed inaccurately, defectively or erroneously executed, sealed or

acknowledged , or otherwise defective in any respect, the secretary of state has no liability to any

individual for the preclearance for filing, the acceptance for filing or the filing and indexing of such

instrument by the secretary of state.


 

 

 

294)

Section

Added Chapter Numbers:

 

7-13.1-211

121 and 122

 

 

7-13.1-211. Certificate of good standing or registration.

     On request of any person, the secretary of state shall issue a certificate of good standing

for a limited partnership or a certificate of registration for a registered foreign limited partnership.

The format of the certificate will be prescribed by the secretary of state.


 

 

 

295)

Section

Added Chapter Numbers:

 

7-13.1-212

121 and 122

 

 

7-13.1-212. Annual report for secretary of state.

     (a) A limited partnership or registered foreign limited partnership shall deliver to the

secretary of state for filing an annual report that states:

     (1) The name of the partnership or foreign partnership;

     (2) The addresses of its principal office;

     (3) The name and address of each general partner;

     (4) In the case of a foreign partnership, its jurisdiction of formation and any alternate name

adopted under § 7-13.1-1006(a);

     (5) A brief statement of the character of the business in which the limited partnership is

actually engaged in this state; and

     (6) Any additional information that is required by the secretary of state.

     (b) The annual report must be made on forms prescribed and furnished by the secretary of

state, and the information in the annual report must be current as of the date the report is signed by

the limited partnership or registered foreign limited partnership.

     (c) The first annual report must be delivered to the secretary of state for filing after February

1 and before May 1 of the year following the calendar year in which the limited partnership’s

certificate of limited partnership became effective or the registered foreign limited partnership

registered to do business in this state. Subsequent annual reports must be delivered to the secretary

of state for filing after February 1 and before May 1 of each calendar year thereafter. Proof to the

satisfaction of the secretary of state that prior to May 1 the report was deposited in the United States

mail in a sealed envelope, properly addressed, with postage prepaid, is deemed to be a compliance

with this requirement.

      (d) If the secretary of state finds that the annual report conforms to the requirements of

this chapter, the secretary of state shall file the report. If an annual report does not contain the

information required by this section, the secretary of state promptly shall notify the reporting

limited partnership or registered foreign limited partnership in a record and return the report for

correction, in which event the penalties subsequently prescribed for failure to file the report within

the time previously provided do not apply if the report is corrected to conform to the requirements

of this chapter and returned to the secretary of state within thirty (30) days from the date on which

it was mailed to the corporation by the secretary of state.

     (e) Each limited partnership, domestic or foreign, that fails or refuses to file its annual

report for any year within thirty (30) days after the time prescribed by this chapter is subject to a

penalty of twenty-five dollars ($25.00) per year.


 

 

 

 

 

 

296)

Section

Added Chapter Numbers:

 

7-13.1-213

121 and 122

 

 

7-13.1-213. Filing of returns with the tax administrator – Annual charge.

     (a) A limited partnership certified under this chapter shall file a return, in the form and

containing the information as prescribed by the tax administrator, as follows:

     (1) If the fiscal year of the limited partnership is the calendar year, on or before the fifteenth

day of April in the year following the close of the fiscal year; and

     (2) If the fiscal year of the limited partnership is not a calendar year, on or before the

fifteenth day of the fourth month following the close of the fiscal year.

     (b) For tax years beginning after December 31, 2022, a limited partnership certified under

this chapter shall file a return, in the form and containing the information as prescribed by the tax

administrator, and shall be filed on or before the date a federal tax return is due to be filed, without

regard to extension.

     (c) An annual charge, equal to the minimum tax imposed upon a corporation under § 44-

11-2(e), shall be due on the filing of the limited partnership's return filed with the tax administrator

and shall be paid to the division of taxation.

     (d) The annual charge is delinquent if not paid by the due date for the filing of the return

and an addition of one hundred dollars ($100) to the charge is then due.


 

 

 

297)

Section

Added Chapter Numbers:

 

7-13.1-214

121 and 122

 

 

7-13.1-214. Confirmation of state fees and taxes.

     (a) Notwithstanding any other provisions of state law to the contrary, when any section of

this chapter refers to state fees and/or taxes paid, the division of taxation is authorized to respond

and share tax information with the secretary of state’s office in response to a request from that

office regarding an entity’s tax status as compliant or noncompliant.

     (b) If the secretary of state’s office receives notice from the division of taxation that the

limited liability company has failed to pay any fees or taxes due this state, the secretary of state

shall begin revocation proceedings in accordance with the provisions of § 7-13.1-811.

     (c) The notice of revocation may state as the basis for revocation that the taxpayer failed

to pay state fees and/or taxes to the division of taxation. However, the secretary of state’s office

must otherwise protect all state and federal tax information in its custody as required by § 7-13.1-

215 and refrain from disclosing any other specific tax information.


 

 

 

 

298)

Section

Added Chapter Numbers:

 

7-13.1-215

121 and 122

 

 

7-13.1-215. Revocation of certificate of limited partnership or certificate of

registration for nonpayment of fee.

     (a) The tax administrator may, after July 15 of each year, compile a list of all limited

partnerships that have failed to pay any state fees and/or taxes for one year after the fees and/or

taxes became due and payable, and the failure is not the subject of a pending appeal. The tax

administrator shall certify to the correctness of the list. Upon receipt of the certified list, the

secretary of state may initiate revocation proceedings as defined in § 7-13.1-811.

     (b) With respect to any information provided by the division of taxation to the secretary of

state’s office pursuant to this chapter, the secretary of state, together with the employees or agents

thereof, shall be subject to all state and federal tax confidentiality laws applying to the division of

taxation and the officers, agents, and employees thereof, and which restrict the acquisition, use,

storage, dissemination, or publication of confidential taxpayer data.

     (c) Notwithstanding the foregoing, the notice of revocation may state as the basis for

revocation that the taxpayer has failed to pay state fees and/or taxes to the division of taxation.

However, the secretary of state’s office must otherwise protect all state and federal tax information

in its custody as required by subsection (b) of this section and refrain from disclosing any other

specific tax information.


 

 

 

299)

Section

Added Chapter Numbers:

 

7-13.1-Pt.3

121 and 122

 

 

PART 3- LIMITED PARTNERS


 

 

 

300)

Section

Added Chapter Numbers:

 

7-13.1-301

121 and 122

 

 

7-13.1-301. Becoming limited partner.

     (a) Upon formation of a limited partnership, a person becomes a limited partner as agreed

among the persons that are to be the initial partners.

     (b) After formation, a person becomes a limited partner:

     (1) As provided in the partnership agreement;

     (2) As the result of a transaction effective under part 11 of this chapter;

     (3) With the affirmative vote or consent of all the partners; or

     (4) As provided in §§ 7-13.1-801(a)(4) or 7-13.1-801(a)(5).

     (c) A person may become a limited partner without:

     (1) Acquiring a transferable interest; or

     (2) Making or being obligated to make a contribution to the limited partnership.


 

 

 

301)

Section

Added Chapter Numbers:

 

7-13.1-302

121 and 122

 

 

7-13.1-302. No agency power of limited partner as limited partner.

     (a) A limited partner is not an agent of a limited partnership solely by reason of being a

limited partner.

     (b) A person's status as a limited partner does not prevent or restrict law other than this

chapter from imposing liability on a limited partnership because of the person's conduct.


 

 

 

 

 

 

 

302)

Section

Added Chapter Numbers:

 

7-13.1-303

121 and 122

 

 

7-13.1-303. No liability as limited partner for limited partnership obligations.

     (a) A debt, obligation, or other liability of a limited partnership is not the debt, obligation,

or other liability of a limited partner. A limited partner is not personally liable, directly or indirectly,

by way of contribution or otherwise, for a debt, obligation, or other liability of the partnership solely

by reason of being or acting as a limited partner, even if the limited partner participates in the

management and control of the limited partnership. This subsection applies regardless of the

dissolution of the partnership.

     (b) The failure of a limited partnership to observe formalities relating to the exercise of its

powers or management of its activities and affairs is not a ground for imposing liability on a limited

partner for a debt, obligation, or other liability of the partnership.


 

 

 

303)

Section

Added Chapter Numbers:

 

7-13.1-304

121 and 122

 

 

7-13.1-304. Rights to information of limited partner and person dissociated as limited

partner.

     (a) On ten (10) days' demand, made in a record received by the limited partnership, a

limited partner may inspect and copy required information during regular business hours in the

limited partnership's principal office. The limited partner need not have any particular purpose for

seeking the information.

     (b) During regular business hours and at a reasonable location specified by the limited

partnership, a limited partner may inspect and copy information regarding the activities, affairs,

financial condition, and other circumstances of the limited partnership as is just and reasonable if:

     (1) The limited partner seeks the information for a purpose reasonably related to the

partner's interest as a limited partner;

     (2) The limited partner makes a demand in a record received by the limited partnership,

describing with reasonable particularity the information sought and the purpose for seeking the

information; and

     (3) The information sought is directly connected to the limited partner's purpose.

     (c) Not later than ten (10) days after receiving a demand pursuant to subsection (b) of this

section, the limited partnership shall inform in a record the limited partner that made the demand

of:

     (1) What information the partnership will provide in response to the demand and when and

where the partnership will provide the information; and

     (2) The partnership's reasons for declining, if the partnership declines to provide any

demanded information.

     (d) Whenever this chapter or a partnership agreement provides for a limited partner to vote

on or give or withhold consent to a matter, before the vote is cast or consent is given or withheld,

the limited partnership shall, without demand, provide the limited partner with all information that

is known to the partnership and is material to the limited partner's decision.

     (e) Subject to subsection (j) of this section, on ten (10) days' demand made in a record

received by a limited partnership, a person dissociated as a limited partner may have access to

information to which the person was entitled while a limited partner if:

     (1) The information pertains to the period during which the person was a limited partner;

     (2) The person seeks the information in good faith; and

     (3) The person satisfies the requirements imposed on a limited partner by subsection (b) of

this section.

     (f) A limited partnership shall respond to a demand made pursuant to subsection (e) of this

section in the manner provided in subsection (c) of this section.

     (g) A limited partnership may charge a person that makes a demand under this section

reasonable costs of copying, limited to the costs of labor and material.

     (h) A limited partner or person dissociated as a limited partner may exercise the rights

under this section through an agent or, in the case of an individual under legal disability, a legal

representative. Any restriction or condition imposed by the partnership agreement or under

subsection (j) of this section applies both to the agent or legal representative and to the limited

partner or person dissociated as a limited partner.

     (i) Subject to § 7-13.1-704, the rights under this section do not extend to a person as

transferee.

     (j) In addition to any restriction or condition stated in its partnership agreement, a limited

partnership, as a matter within the ordinary course of its activities and affairs, may impose

reasonable restrictions and conditions on access to and use of information to be furnished under

this section, including designating information confidential and imposing nondisclosure and

safeguarding obligations on the recipient. In a dispute concerning the reasonableness of a restriction

under this subsection, the partnership has the burden of proving reasonableness.


 

 

 

 

304)

Section

Added Chapter Numbers

 

7-13.1-305

121 and 122

 

 

7-13.1-305. Limited duties of limited partners.

     (a) A limited partner shall discharge any duties to the partnership and the other partners

under the partnership agreement and exercise any rights under this chapter or the partnership

agreement consistently with the contractual obligation of good faith and fair dealing.

     (b) Except as otherwise provided in subsection (a) of this section, a limited partner does

not have any duty to the limited partnership or to any other partner solely by reason of acting as a

limited partner.

     (c) If a limited partner enters into a transaction with a limited partnership, the limited

partner's rights and obligations arising from the transaction are the same as those of a person that

is not a partner.


 

 

 

305)

Section

Added Chapter Numbers:

 

7-13.1-306

121 and 122

 

 

7-13.1-306. Person erroneously believing self to be limited partner.

     (a) Except as otherwise provided in subsection (b) of this section, a person that makes an

investment in a business enterprise and erroneously but in good faith believes that the person has

become a limited partner in the enterprise is not liable for the enterprise's obligations by reason of

making the investment, receiving distributions from the enterprise, or exercising any rights of or

appropriate to a limited partner, if, on ascertaining the mistake, the person:

     (1) Causes an appropriate certificate of limited partnership, amendment, or statement of

correction to be signed and delivered to the secretary of state for filing; or

     (2) Withdraws from future participation as an owner in the enterprise by signing and

delivering to the secretary of state for filing a statement of negation under this section.

     (b) A person that makes an investment described in subsection (a) of this section is liable

to the same extent as a general partner to any third party that enters into a transaction with the

enterprise, believing in good faith that the person is a general partner, before the secretary of state

files a statement of negation, certificate of limited partnership, amendment, or statement of

correction to show that the person is not a general partner.

     (c) If a person makes a diligent effort in good faith to comply with subsection (a)(1) of this

section and is unable to cause the appropriate certificate of limited partnership, amendment, or

statement of correction to be signed and delivered to the secretary of state for filing, the person has

the right to withdraw from the enterprise pursuant to subsection (a)(2) of this section even if the

withdrawal would otherwise breach an agreement with others that are or have agreed to become co-owners

of the enterprise.


 

 

 

306)

Section

Added Chapter Numbers:

 

7-13.1-Pt.4

121 and 122

 

 

PART 4- GENERAL PARTNERS


 

 

 

 

307)

Section

Added Chapter Numbers:

 

7-13.1-401

121 and 122

 

 

7-13.1-401. Becoming general partner.

     (a) Upon formation of a limited partnership, a person becomes a general partner as agreed

among the persons that are to be the initial partners.

     (b) After formation of a limited partnership, a person becomes a general partner:

     (1) As provided in the partnership agreement;

     (2) As the result of a transaction effective under part 11 of this chapter;

     (3) With the affirmative vote or consent of all the partners; or

     (4) As provided in § 7-13.1-801(a)(3)(ii).

     (c) A person may become a general partner without:

     (1) Acquiring a transferable interest; or

     (2) Making or being obligated to make a contribution to the partnership.


 

 

 

308)

Section

Added Chapter Numbers:

 

7-13.1-402

121 and 122

 

 

7-13.1-402. General partner agent of limited partnership.

     (a) Each general partner is an agent of the limited partnership for the purposes of its

activities and affairs. An act of a general partner, including the signing of a record in the

partnership's name, for apparently carrying on in the ordinary course the partnership's activities and

affairs or activities and affairs of the kind carried on by the partnership binds the partnership, unless

the general partner did not have authority to act for the partnership in the particular matter and the

person with which the general partner was dealing knew or had notice that the general partner

lacked authority.

     (b) An act of a general partner which is not apparently for carrying on in the ordinary course

the limited partnership's activities and affairs or activities and affairs of the kind carried on by the

partnership binds the partnership only if the act was actually authorized by all the other partners.


 

 

 

309)

Section

Added Chapter Numbers:

 

7-13.1-403

121 and 122

 

 

7-13.1-403. Limited partnership liable for general partner's actionable conduct.

     (a) A limited partnership is liable for loss or injury caused to a person, or for a penalty

incurred, as a result of a wrongful act or omission, or other actionable conduct, of a general partner

acting in the ordinary course of activities and affairs of the partnership or with the actual or apparent

authority of the partnership.

     (b) If, in the course of a limited partnership's activities and affairs or while acting with

actual or apparent authority of the partnership, a general partner receives or causes the partnership

to receive money or property of a person not a partner, and the money or property is misapplied by

a general partner, the partnership is liable for the loss.


 

 

 

310)

Section

Amended Chapter Numbers:

 

7-13.1-404

121 and 122

 

 

7-13.1-404. General partner's liability.

     (a) Except as otherwise provided in subsections (b) and (c) of this section, all general

partners are liable jointly and severally for all debts, obligations, and other liabilities of the limited

partnership unless otherwise agreed by the claimant or provided by law.

     (b) A person that becomes a general partner is not personally liable for a debt, obligation,

or other liability of the limited partnership incurred before the person became a general partner.

     (c) A debt, obligation, or other liability of a limited partnership incurred while the

partnership is a limited liability limited partnership is solely the debt, obligation, or other liability

of the limited liability limited partnership. A general partner is not personally liable, directly or

indirectly, by way of contribution or otherwise, for a debt, obligation, or other liability of the limited

liability limited partnership solely by reason of being or acting as a general partner. This subsection

applies:

     (1) Despite anything inconsistent in the partnership agreement that existed immediately

before the vote or consent required to become a limited liability limited partnership under § 7-13.1-

406(b)(2); and

     (2) Regardless of the dissolution of the partnership.

     (d) The failure of a limited liability limited partnership to observe formalities relating to

the exercise of its powers or management of its activities and affairs is not a ground for imposing

liability on a general partner for a debt, obligation, or other liability of the partnership.

     (e) An amendment of a certificate of limited partnership which deletes a statement that the

limited partnership is a limited liability limited partnership does not affect the limitation in this

section on the liability of a general partner for a debt, obligation, or other liability of the limited

partnership incurred before the amendment became effective.


 

 

 

311)

Section

Added Chapter Numbers:

 

7-13.1-405

121 and 122

 

 

7-13.1-405. Actions by and against partnership and partners.

     (a) To the extent not inconsistent with § 7-13.1-404, a general partner may be joined in an

action against the limited partnership or named in a separate action.

     (b) A judgment against a limited partnership is not by itself a judgment against a general

partner. A judgment against a partnership may not be satisfied from a general partner's assets unless

there is also a judgment against the general partner.

     (c) A judgment creditor of a general partner may not levy execution against the assets of

the general partner to satisfy a judgment based on a claim against the limited partnership, unless

the partner is personally liable for the claim under § 7-13.1-404 and:

     (1) A judgment based on the same claim has been obtained against the limited partnership

and a writ of execution on the judgment has been returned unsatisfied in whole or in part;

     (2) The partnership is a debtor in bankruptcy;

     (3) The general partner has agreed that the creditor need not exhaust partnership assets;

     (4) A court grants permission to the judgment creditor to levy execution against the assets

of a general partner based on a finding that partnership assets subject to execution are clearly

insufficient to satisfy the judgment, that exhaustion of assets is excessively burdensome, or that the

grant of permission is an appropriate exercise of the court's equitable powers; or

     (5) Liability is imposed on the general partner by law or contract independent of the

existence of the partnership.


 

 

 

 

312)

Section

Added Chapter Numbers:

 

7-13.1-406

121 and 122

 

 

7-13.1-406. Management rights of general partner.

     (a) Each general partner has equal rights in the management and conduct of the limited

partnership's activities and affairs. Except as otherwise provided in this chapter, any matter relating

to the activities and affairs of the partnership is decided exclusively by the general partner or, if

there is more than one general partner, by a majority of the general partners.

     (b) The affirmative vote or consent of all the partners is required to:

     (1) Amend the partnership agreement;

     (2) Amend the certificate of limited partnership to add or delete a statement that the limited

partnership is a limited liability limited partnership; and

     (3) Sell, lease, exchange, or otherwise dispose of all, or substantially all, of the limited

partnership's property, with or without the good will, other than in the usual and regular course of

the limited partnership's activities and affairs.

     (c) A limited partnership shall reimburse a general partner for an advance to the partnership

beyond the amount of capital the general partner agreed to contribute.

     (d) A payment or advance made by a general partner which gives rise to a limited

partnership obligation under subsection (c) of this section or § 7-13.1-408(a) constitutes a loan to

the limited partnership which accrues interest from the date of the payment or advance.

     (e) A general partner is not entitled to remuneration for services performed for the limited

partnership.


 

 

 

313)

Section

Added Chapter Numbers:

 

7-13.1-407

121 and 122

 

 

7-13.1-407. Rights to information of general partner and person dissociated as general

partner.

     (a) A general partner may inspect and copy required information during regular business

hours in the limited partnership's principal office, without having any particular purpose for seeking

the information.

     (b) On reasonable notice, a general partner may inspect and copy during regular business

hours, at a reasonable location specified by the limited partnership, any record maintained by the

partnership regarding the partnership's activities, affairs, financial condition, and other

circumstances, to the extent the information is material to the general partner's rights and duties

under the partnership agreement or this chapter.

     (c) A limited partnership shall furnish to each general partner:

     (1) Without demand, any information concerning the partnership's activities, affairs,

financial condition, and other circumstances which the partnership knows and is material to the

proper exercise of the general partner's rights and duties under the partnership agreement or this

chapter, except to the extent the partnership can establish that it reasonably believes the general

partner already knows the information; and

     (2) On demand, any other information concerning the partnership's activities, affairs,

financial condition, and other circumstances, except to the extent the demand or the information

demanded is unreasonable or otherwise improper under the circumstances.

     (d) The duty to furnish information under subsection (c) of this section also applies to each

general partner to the extent the general partner knows any of the information described in

subsection (b) of this section.

     (e) Subject to subsection (j) of this section, on ten (10) days' demand made in a record

received by a limited partnership, a person dissociated as a general partner may have access to the

information and records described in subsections (a) and (b) of this section at the locations specified

in those subsections if:

     (1) The information or record pertains to the period during which the person was a general

partner;

     (2) The person seeks the information or record in good faith; and

     (3) The person satisfies the requirements imposed on a limited partner by § 7-13.1-304(b).

     (f) A limited partnership shall respond to a demand made pursuant to subsection (e) of this

section in the manner provided in § 7-13.1-304(c).

     (g) A limited partnership may charge a person that makes a demand under this section the

reasonable costs of copying, limited to the costs of labor and material.

     (h) A general partner or person dissociated as a general partner may exercise the rights

under this section through an agent or, in the case of an individual under legal disability, a legal

representative. Any restriction or condition imposed by the partnership agreement or under

subsection (j) of this section applies both to the agent or legal representative and to the general

partner or person dissociated as a general partner.

     (i) The rights under this section do not extend to a person as transferee, but if:

     (1) A general partner dies, § 7-13.1-704 applies; and

     (2) An individual dissociates as a general partner under §§ 7-13.1-603(6)(ii) or 7-13.1-

603(6)(iii), the legal representative of the individual may exercise the rights under subsection (c)

of this section of a person dissociated as a general partner.

     (j) In addition to any restriction or condition stated in its partnership agreement, a limited

partnership, as a matter within the ordinary course of its activities and affairs, may impose

reasonable restrictions and conditions on access to and use of information to be furnished under

this section, including designating information confidential and imposing nondisclosure and

safeguarding obligations on the recipient. In a dispute concerning the reasonableness of a restriction

under this subsection, the partnership has the burden of proving reasonableness.


 

 

 

 

 

 

 

 

314)

Section

Added Chapter Numbers:

 

7-13.1-408

121 and 122

 

 

7-13.1-408. Reimbursement -- Indemnification -- Advancement -- Insurance.

     (a) A limited partnership shall reimburse a general partner for any payment made by the

general partner in the course of the general partner's activities on behalf of the partnership, if the

general partner complied with §§ 7-13.1-406, 7-13.1-409, and 7-13.1-504 in making the payment.

     (b) A limited partnership shall indemnify and hold harmless a person with respect to any

claim or demand against the person and any debt, obligation, or other liability incurred by the

person by reason of the person's former or present capacity as a general partner, if the claim,

demand, debt, obligation, or other liability does not arise from the person's breach of §§ 7-13.1-

406, 7-13.1-409, or 7-13.1-504.

     (c) In the ordinary course of its activities and affairs, a limited partnership may advance

reasonable expenses, including attorneys' fees and costs, incurred by a person in connection with a

claim or demand against the person by reason of the person's former or present capacity as a general

partner, if the person promises to repay the partnership if the person ultimately is determined not

to be entitled to be indemnified under subsection (b) of this section.

     (d) A limited partnership may purchase and maintain insurance on behalf of a general

partner against liability asserted against or incurred by the general partner in that capacity or arising

from that status even if, under § 7-13.1-105(c)(8), the partnership agreement could not eliminate or

limit the person's liability to the partnership for the conduct giving rise to the liability.


 

 

 

315)

Section

Added Chapter Numbers:

 

7-13.1-409

121 and 122

 

 

7-13.1-409. Standards of conduct for general partners.

     (a) A general partner owes to the limited partnership and, subject to § 7-13.1-901, the other

partners the duties of loyalty and care stated in subsections (b) and (c) of this section.

     (b) The fiduciary duty of loyalty of a general partner includes the duties:

     (1) To account to the limited partnership and hold as trustee for it any property, profit, or

benefit derived by the general partner:

     (i) In the conduct or winding up of the partnership's activities and affairs;

     (ii) From a use by the general partner of the partnership's property; or

     (iii) From the appropriation of a partnership opportunity;

     (2) To refrain from dealing with the partnership in the conduct or winding up of the

partnership's activities and affairs as or on behalf of a person having an interest adverse to the

partnership; and

     (3) To refrain from competing with the partnership in the conduct or winding up of the

partnership's activities and affairs.

     (c) The duty of care of a general partner in the conduct or winding up of the limited

partnership's activities and affairs is to refrain from engaging in grossly negligent or reckless

conduct, willful or intentional misconduct, or knowing violation of law.

     (d) A general partner shall discharge the duties and obligations under this chapter or under

the partnership agreement and exercise any rights consistently with the contractual obligation of

good faith and fair dealing.

     (e) A general partner does not violate a duty or obligation under this chapter or under the

partnership agreement solely because the general partner's conduct furthers the general partner's

own interest.

     (f) All the partners of a limited partnership may authorize or ratify, after full disclosure of

all material facts, a specific act or transaction by a general partner that otherwise would violate the

duty of loyalty.

     (g) It is a defense to a claim under subsection (b)(2) of this section and any comparable

claim in equity or at common law that the transaction was fair to the limited partnership.

     (h) If, as permitted by subsection (f) of this section or the partnership agreement, a general

partner enters into a transaction with the limited partnership which otherwise would be prohibited

by subsection (b)(2) of this section, the general partner's rights and obligations arising from the

transaction are the same as those of a person that is not a general partner.


 

 

 

316)

Section

Added Chapter Numbers:

 

7-13.1-Pt.5

121 and 122

 

 

PART 5-CONTRIBUTIONS AND DISTRIBUTIONS


 

 

 

317)

Section

Added Chapter Numbers:

 

7-13.1-501

121 and 122

 

 

7-13.1-501. Form of contribution.

     A contribution may consist of property transferred to, services performed for, or another

benefit provided to the limited partnership or an agreement to transfer property to, perform services

for, or provide another benefit to the partnership.


 

 

 

318)

Section

Added Chapter Numbers:

 

7-13.1-502

121 and 122

 

 

7-13.1-502. Liability for contribution.

     (a) A person's obligation to make a contribution to a limited partnership is not excused by

the person's death, disability, termination, or other inability to perform personally.

     (b) If a person does not fulfill an obligation to make a contribution other than money, the

person is obligated at the option of the limited partnership to contribute money equal to the value,

as stated in the required information, of the part of the contribution which has not been made.

     (c) The obligation of a person to make a contribution may be compromised only by the

affirmative vote or consent of all the partners. If a creditor of a limited partnership extends credit

or otherwise acts in reliance on an obligation described in subsection (a) of this section without

knowledge or notice of a compromise under this subsection, the creditor may enforce the

obligation.


 

 

 

319)

Section

Added Chapter Numbers:

 

7-13.1-503

121 and 122

 

 

7-13.1-503. Sharing of and right to distributions before dissolution.

     (a) Any distribution made by a limited partnership before its dissolution and winding up

must be shared among the partners on the basis of the value, as stated in the required information

when the limited partnership decides to make the distribution, of the contributions the limited

partnership has received from each partner, except to the extent necessary to comply with a transfer

effective under § 7-13.1-702 or charging order in effect under § 7-13.1-703.

     (b) A person has a right to a distribution before the dissolution and winding up of a limited

partnership only if the partnership decides to make an interim distribution. A person's dissociation

does not entitle the person to a distribution.

     (c) A person does not have a right to demand or receive a distribution from a limited

partnership in any form other than money. Except as otherwise provided in § 7-13.1-810(f), a

partnership may distribute an asset in kind only if each part of the asset is fungible with each other

part and each person receives a percentage of the asset equal in value to the person's share of

distributions.

     (d) If a partner or transferee becomes entitled to receive a distribution, the partner or

transferee has the status of, and is entitled to all remedies available to, a creditor of the limited

partnership with respect to the distribution. However, the partnership's obligation to make a

distribution is subject to offset for any amount owed to the partnership by the partner or a person

dissociated as a partner on whose account the distribution is made.


 

 

 

320)

Section

Added Chapter Numbers:

 

7-13.1-504

121 and 122

 

 

7-13.1-504. Limitations on distributions.

     (a) A limited partnership may not make a distribution, including a distribution under § 7-

13.1-810, if after the distribution:

     (1) The partnership would not be able to pay its debts as they become due in the ordinary

course of the partnership's activities and affairs; or

     (2) The partnership's total assets would be less than the sum of its total liabilities plus the

amount that would be needed, if the partnership were to be dissolved and wound up at the time of

the distribution, to satisfy the preferential rights upon dissolution and winding up of partners and

transferees whose preferential rights are superior to the rights of persons receiving the distribution.

     (b) A limited partnership may base a determination that a distribution is not prohibited

under subsection (a) of this section on:

     (1) Financial statements prepared on the basis of accounting practices and principles that

are reasonable in the circumstances; or

     (2) A fair valuation or other method that is reasonable under the circumstances.

     (c) Except as otherwise provided in subsection (e) of this section, the effect of a distribution

under subsection (a) of this section is measured:

     (1) In the case of a distribution as defined in § 7-13.1-102(4)(i) 7-13.1-102(5)(i), as of the

earlier of:

     (i) The date money or other property is transferred or debt is incurred by the limited

partnership; or

     (ii) The date the person entitled to the distribution ceases to own the interest or right being

acquired by the partnership in return for the distribution;

     (2) In the case of any other distribution of indebtedness, as of the date the indebtedness is

distributed; and

     (3) In all other cases, as of the date:

     (i) The distribution is authorized, if the payment occurs not later than one hundred twenty

(120) days after that date; or

     (ii) The payment is made, if the payment occurs more than one hundred twenty (120) days

after the distribution is authorized.

     (d) A limited partnership's indebtedness to a partner or transferee incurred by reason of a

distribution made in accordance with this section is at parity with the partnership's indebtedness to

its general, unsecured creditors, except to the extent subordinated by agreement.

     (e) A limited partnership's indebtedness, including indebtedness issued as a distribution, is

not a liability for purposes of subsection (a) of this section if the terms of the indebtedness provide

that payment of principal and interest is made only if and to the extent that payment of a distribution

could then be made under this section. If the indebtedness is issued as a distribution, each payment

of principal or interest is treated as a distribution, the effect of which is measured on the date the

payment is made.

     (f) In measuring the effect of a distribution under § 7-13.1-810, the liabilities of a dissolved

limited partnership do not include any claim that has been disposed of under §§ 7-13.1-806, 7-13.1-

807, or 7-13.1-808.


 

 

 

321)

Section

Added Chapter Numbers:

 

7-13.1-505

121 and 122

 

 

7-13.1-505. Liability for improper distributions.

     (a) If a general partner consents to a distribution made in violation of § 7-13.1-504 and in

consenting to the distribution fails to comply with § 7-13.1-409, the general partner is personally

liable to the limited partnership for the amount of the distribution which exceeds the amount that

could have been distributed without the violation of § 7-13.1-504.

     (b) A person that receives a distribution knowing that the distribution violated § 7-13.1-

504 is personally liable to the limited partnership but only to the extent that the distribution received

by the person exceeded the amount that could have been properly paid under § 7-13.1-504.

     (c) A general partner against which an action is commenced because the general partner is

liable under subsection (a) of this section may:

     (1) Implead any other person that is liable under subsection (a) of this section and seek to

enforce a right of contribution from the person; and

     (2) Implead any person that received a distribution in violation of subsection (b) of this

section and seek to enforce a right of contribution from the person in the amount the person received

in violation of subsection (b) of this section.

     (d) An action under this section is barred unless commenced not later than two (2) years after the

distribution.


 

 

 

322)

Section

Added Chapter Numbers:

 

7-13.1-Pt.6

121 and 122

 

 

PART 6-DISSOCIATION


 

 

 

 

323)

Section

Added Chapter Numbers:

 

7-13.1-601

121 and 122

 

 

7-13.1-601. Dissociation as limited partner.

     (a) A person does not have a right to dissociate as a limited partner before the completion

of the winding up of the limited partnership.

     (b) A person is dissociated as a limited partner when:

     (1) The limited partnership knows or has notice of the person's express will to withdraw as

a limited partner, but, if the person has specified a withdrawal date later than the date the partnership

knew or had notice, on that later date;

     (2) An event stated in the partnership agreement as causing the person's dissociation as a

limited partner occurs;

     (3) The person is expelled as a limited partner pursuant to the partnership agreement;

     (4) The person is expelled as a limited partner by the affirmative vote or consent of all the

other partners if:

     (i) It is unlawful to carry on the limited partnership's activities and affairs with the person

as a limited partner;

     (ii) There has been a transfer of all the person's transferable interest in the partnership, other

than:

     (A) A transfer for security purposes; or

     (B) A charging order in effect under § 7-13.1-703 which has not been foreclosed;

     (iii) The person is an entity and:

     (A) The partnership notifies the person that it will be expelled as a limited partner because

the person has filed a statement of dissolution or the equivalent, the person has been

administratively dissolved, the person's charter or the equivalent has been revoked, or the person's

right to conduct business has been suspended by the person's jurisdiction of formation; and

     (B) Not later than ninety (90) days after the notification, the statement of dissolution or the

equivalent has not been withdrawn, rescinded, or revoked, the person has not been reinstated, or

the person's charter or the equivalent or right to conduct business has not been reinstated; or

     (iv) The person is an unincorporated entity that has been dissolved and whose activities

and affairs are being wound up;

     (5) On application by the limited partnership or a partner in a direct action under § 7-13.1-

901, the person is expelled as a limited partner by judicial order because the person:

     (i) Has engaged or is engaging in wrongful conduct that has affected adversely and

materially, or will affect adversely and materially, the partnership's activities and affairs;

     (ii) Has committed willfully or persistently, or is committing willfully and persistently, a

material breach of the partnership agreement or the contractual obligation of good faith and fair

dealing under § 7-13.1-305(a); or

     (iii) Has engaged or is engaging in conduct relating to the partnership's activities and affairs

which makes it not reasonably practicable to carry on the activities and affairs with the person as a

limited partner;

     (6) In the case of an individual, the individual dies;

     (7) In the case of a person that is a testamentary or inter vivos trust or is acting as a limited

partner by virtue of being a trustee of such a trust, the trust's entire transferable interest in the limited

partnership is distributed;

     (8) In the case of a person that is an estate or is acting as a limited partner by virtue of being

a personal representative of an estate, the estate's entire transferable interest in the limited

partnership is distributed;

     (9) In the case of a person that is not an individual, the existence of the person terminates;

     (10) The limited partnership participates in a merger under part 11 of this chapter and:

     (i) The partnership is not the surviving entity; or

     (ii) Otherwise as a result of the merger, the person ceases to be a limited partner;

     (11) The limited partnership participates in an interest exchange under part 11 of this

chapter and, as a result of the interest exchange, the person ceases to be a limited partner;

     (12) The limited partnership participates in a conversion under part 11 of this chapter;

     (13) The limited partnership participates in a domestication under part 11 of this chapter

and, as a result of the domestication, the person ceases to be a limited partner; or

     (14) The limited partnership dissolves and completes winding up.


 

 

 

 

324)

Section

Added Chapter Numbers:

 

7-13.1-602

121 and 122

 

 

7-13.1-602. Effect of dissociation as limited partner.

     (a) If a person is dissociated as a limited partner:

     (1) Subject to § 7-13.1-704, the person does not have further rights as a limited partner;

     (2) The person's contractual obligation of good faith and fair dealing as a limited partner

under § 7-13.1-305(a) ends with regard to matters arising and events occurring after the person's

dissociation; and

     (3) Subject to § 7-13.1-704 and part 11 of this chapter, any transferable interest owned by

the person in the person's capacity as a limited partner immediately before dissociation is owned

by the person solely as a transferee.

     (b) A person's dissociation as a limited partner does not of itself discharge the person from

any debt, obligation, or other liability to the limited partnership or the other partners which the

person incurred while a limited partner.


 

 

 

 

325)

Section

Added Chapter Numbers:

 

7-13.1-603

121 and 122

 

 

7-13.1-603. Dissociation as general partner.

     A person is dissociated as a general partner when:

     (1) The limited partnership knows or has notice of the person's express will to withdraw as

a general partner, but, if the person has specified a withdrawal date later than the date the

partnership knew or had notice, on that later date;

     (2) An event stated in the partnership agreement as causing the person's dissociation as a

general partner occurs;

     (3) The person is expelled as a general partner pursuant to the partnership agreement;

     (4) The person is expelled as a general partner by the affirmative vote or consent of all the

other partners if:

     (i) It is unlawful to carry on the limited partnership's activities and affairs with the person

as a general partner;

     (ii) There has been a transfer of all the person's transferable interest in the partnership, other

than:

     (A) A transfer for security purposes; or

     (B) A charging order in effect under § 7-13.1-703 which has not been foreclosed;

     (iii) The person is an entity and:

     (A) The partnership notifies the person that it will be expelled as a general partner because

the person has filed a statement of dissolution or the equivalent, the person has been

administratively dissolved, the person's charter or the equivalent has been revoked, or the person's

right to conduct business has been suspended by the person's jurisdiction of formation; and

     (B) Not later than ninety (90) days after the notification, the statement of dissolution or the

equivalent has not been withdrawn, rescinded, or revoked, the person has not been reinstated, or

the person's charter or the equivalent or right to conduct business has not been reinstated; or

     (iv) The person is an unincorporated entity that has been dissolved and whose activities

and affairs are being wound up;

     (5) On application by the limited partnership or a partner in a direct action under § 7-13.1-

901, the person is expelled as a general partner by judicial order because the person:

     (i) Has engaged or is engaging in wrongful conduct that has affected adversely and

materially, or will affect adversely and materially, the partnership's activities and affairs;

     (ii) Has committed willfully or persistently, or is committing willfully or persistently, a

material breach of the partnership agreement or a duty or obligation under § 7-13.1-409; or

     (iii) Has engaged or is engaging in conduct relating to the partnership's activities and affairs

which makes it not reasonably practicable to carry on the activities and affairs of the limited

partnership with the person as a general partner;

     (6) In the case of an individual:

     (i) The individual dies;

     (ii) A guardian or general conservator for the individual is appointed; or

     (iii) A court orders that the individual has otherwise become incapable of performing the

individual's duties as a general partner under this chapter or the partnership agreement;

     (7) The person:

     (i) Becomes a debtor in bankruptcy;

     (i) Executes an assignment for the benefit of creditors; or

     (iii) Seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator

of the person or of all or substantially all the person's property;

     (8) In the case of a person that is a testamentary or inter vivos trust or is acting as a general

partner by virtue of being a trustee of such a trust, the trust's entire transferable interest in the limited

partnership is distributed;

     (9) In the case of a person that is an estate or is acting as a general partner by virtue of

being a personal representative of an estate, the estate's entire transferable interest in the limited

partnership is distributed;

     (10) In the case of a person that is not an individual, the existence of the person terminates;

     (11) The limited partnership participates in a merger under part 11 of this chapter and:

     (i) The partnership is not the surviving entity; or

     (ii) Otherwise as a result of the merger, the person ceases to be a general partner;

     (12) The limited partnership participates in an interest exchange under part 11 of this

chapter and, as a result of the interest exchange, the person ceases to be a general partner;

     (13) The limited partnership participates in a conversion under part 11 of this chapter;

     (14) The limited partnership participates in a domestication under part 11 of this chapter

and, as a result of the domestication, the person ceases to be a general partner; or

     (15) The limited partnership dissolves and completes winding up.


 

 

 

326)

Section

Added Chapter Numbers:

 

7-13.1-604

121 and 122

 

 

7-13.1-604. Power to dissociate as general partner -- Wrongful dissociation.

     (a) A person has the power to dissociate as a general partner at any time, rightfully or

wrongfully, by withdrawing as a general partner by express will under § 7-13.1-603(1).

     (b) A person's dissociation as a general partner is wrongful only if the dissociation:

     (1) Is in breach of an express provision of the partnership agreement; or

     (2) Occurs before the completion of the winding up of the limited partnership, and:

     (i) The person withdraws as a general partner by express will;

     (ii) The person is expelled as a general partner by judicial order under § 7-13.1-603(5);

     (iii) The person is dissociated as a general partner under § 7-13.1-603(7); or

     (iv) In the case of a person that is not a trust other than a business trust, an estate, or an

individual, the person is expelled or otherwise dissociated as a general partner because it willfully

dissolved or terminated.

     (c) A person that wrongfully dissociates as a general partner is liable to the limited

partnership and, subject to § 7-13.1-901, to the other partners for damages caused by the

dissociation. The liability is in addition to any debt, obligation, or other liability of the general

partner to the partnership or the other partners.


 

 

 

327)

Section

Added Chapter Numbers:

 

7-13.1-605

121 and 122

 

 

7-13.1-605. Effect of dissociation as general partner.

     (a) If a person is dissociated as a general partner:

     (1) The person's right to participate as a general partner in the management and conduct of

the limited partnership's activities and affairs terminates;

     (2) The person's duties and obligations as a general partner under § 7-13.1-409 end with

regard to matters arising and events occurring after the person's dissociation;

     (3) The person may sign and deliver to the secretary of state for filing a statement of

dissociation pertaining to the person and, at the request of the limited partnership, shall sign an

amendment to the certificate of limited partnership which states that the person has dissociated as

a general partner; and

     (4) Subject to § 7-13.1-704 and part 11 of this chapter, any transferable interest owned by

the person in the person's capacity as a general partner immediately before dissociation is owned

by the person solely as a transferee.

     (b) A person's dissociation as a general partner does not of itself discharge the person from

any debt, obligation, or other liability to the limited partnership or the other partners which the

person incurred while a general partner.


 

 

 

 

328)

Section

Added Chapter Numbers:

 

7-13.1-606

121 and 122

 

 

7-13.1-606. Power to bind and liability of person dissociated as general partner.

     (a) After a person is dissociated as a general partner and before the limited partnership is

merged out of existence, converted, or domesticated under part 11 of this chapter, or dissolved, the

partnership is bound by an act of the person only if:

     (1) The act would have bound the partnership under § 7-13.1-402 before the dissociation;

and

     (2) At the time the other party enters into the transaction:

     (i) Less than two (2) years has passed since the dissociation; and

     (ii) The other party does not know or have notice of the dissociation and reasonably

believes that the person is a general partner.

     (b) If a limited partnership is bound under subsection (a) of this section, the person

dissociated as a general partner which caused the partnership to be bound is liable:

     (1) To the partnership for any damage caused to the partnership arising from the obligation

incurred under subsection (a) of this section; and

     (2) If a general partner or another person dissociated as a general partner is liable for the

obligation, to the general partner or other person for any damage caused to the general partner or

other person arising from the liability.


 

 

 

329)

Section

Added Chapter Numbers:

 

7-13.1-607

121 and 122

 

 

7-13.1-607. Liability of person dissociated as general partner to other persons.

     (a) A person's dissociation as a general partner does not of itself discharge the person's

liability as a general partner for a debt, obligation, or other liability of the limited partnership

incurred before dissociation. Except as otherwise provided in subsections (b) and (c) of this section,

the person is not liable for a partnership obligation incurred after dissociation.

     (b) A person whose dissociation as a general partner results in a dissolution and winding

up of the limited partnership's activities and affairs is liable on an obligation incurred by the

partnership under § 7-13.1-805 to the same extent as a general partner under § 7-13.1-404.

     (c) A person that is dissociated as a general partner without the dissociation resulting in a

dissolution and winding up of the limited partnership's activities and affairs is liable on a transaction

entered into by the partnership after the dissociation only if:

     (1) A general partner would be liable on the transaction; and

     (2) At the time the other party enters into the transaction:

     (i) Less than two (2) years has passed since the dissociation; and

     (ii) The other party does not have knowledge or notice of the dissociation and reasonably

believes that the person is a general partner.

     (d) By agreement with a creditor of a limited partnership and the partnership, a person

dissociated as a general partner may be released from liability for a debt, obligation, or other

liability of the partnership.

     (e) A person dissociated as a general partner is released from liability for a debt, obligation,

or other liability of the limited partnership if the partnership's creditor, with knowledge or notice

of the person's dissociation as a general partner but without the person's consent, agrees to a material

alteration in the nature or time of payment of the debt, obligation, or other liability.


 

 

 

 

330)

Section

Added Chapter Numbers:

 

7-13.1-Pt.7

121 and 122

 

 

PART 7-TRANSFERABLE INTERESTS AND RIGHTS OF TRANSFEREES AND CREDITORS


 

 

 

 

331)

Section

Added Chapter Numbers:

 

7-13.1-701

121 and 122

 

 

7-13.1-701. Nature of transferable interest.

     A transferable interest is personal property.


 

 

 

 

332)

Section

Added Chapter Numbers:

 

7-13.1-702

121 and 122

 

 

7-13.1-702. Transfer of transferable interest.

     (a) A transfer, in whole or in part, of a transferable interest:

     (1) Is permissible;

     (2) Does not by itself cause a person's dissociation as a partner or a dissolution and winding

up of the limited partnership's activities and affairs; and

     (3) Subject to § 7-13.1-704, does not entitle the transferee to:

     (i) Participate in the management or conduct of the partnership's activities and affairs; or

     (ii) Except as otherwise provided in subsection (c) of this section, have access to required

information, records, or other information concerning the partnership's activities and affairs.

     (b) A transferee has the right to receive, in accordance with the transfer, distributions to

which the transferor would otherwise be entitled.

     (c) In a dissolution and winding up of a limited partnership, a transferee is entitled to an

account of the partnership's transactions only from the date of dissolution.

     (d) A transferable interest may be evidenced by a certificate of the interest issued by a

limited partnership in a record, and, subject to this section, the interest represented by the certificate

may be transferred by a transfer of the certificate.

     (e) A limited partnership need not give effect to a transferee's rights under this section until

the partnership knows or has notice of the transfer.

     (f) A transfer of a transferable interest in violation of a restriction on transfer contained in

the partnership agreement is ineffective if the intended transferee has knowledge or notice of the

restriction at the time of transfer.

     (g) Except as otherwise provided in §§ 7-13.1-601(b)(4)(ii) and 7-13.1-603(4)(ii), if a

general or limited partner transfers a transferable interest, the transferor retains the rights of a

general or limited partner other than the transferable interest transferred and retains all the duties

and obligations of a general or limited partner.

     (h) If a general or limited partner transfers a transferable interest to a person that becomes

a general or limited partner with respect to the transferred interest, the transferee is liable for the

transferor's obligations under §§ 7-13.1-502 and 7-13.1-505 known to the transferee when the

transferee becomes a partner.


 

 

 

333)

Section

Added Chapter Numbers:

 

7-13.1-703

121 and 122

 

 

7-13.1-703. Charging order.

     (a) On application by a judgment creditor of a partner or transferee, a court may enter a

charging order against the transferable interest of the judgment debtor for the unsatisfied amount

of the judgment. A charging order constitutes a lien on a judgment debtor's transferable interest and

requires the limited partnership to pay over to the person to which the charging order was issued

any distribution that otherwise would be paid to the judgment debtor.

     (b) To the extent necessary to effectuate the collection of distributions pursuant to a

charging order in effect under subsection (a) of this section, the court may:

     (1) Appoint a receiver of the distributions subject to the charging order, with the power to

make all inquiries the judgment debtor might have made; and

     (2) Make all other orders necessary to give effect to the charging order.

     (c) Upon a showing that distributions under a charging order will not pay the judgment

debt within a reasonable time, the court may foreclose the lien and order the sale of the transferable

interest. The purchaser at the foreclosure sale obtains only the transferable interest, does not thereby

become a partner, and is subject to § 7-13.1-702.

     (d) At any time before foreclosure under subsection (c) of this section, the partner or

transferee whose transferable interest is subject to a charging order under subsection (a) of this

section may extinguish the charging order by satisfying the judgment and filing a certified copy of

the satisfaction with the court that issued the charging order.

     (e) At any time before foreclosure under subsection (c) of this section, a limited partnership

or one or more partners whose transferable interests are not subject to the charging order may pay

to the judgment creditor the full amount due under the judgment and thereby succeed to the rights

of the judgment creditor, including the charging order.

     (f) This chapter does not deprive any partner or transferee of the benefit of any exemption

law applicable to the transferable interest of the partner or transferee.

     (g) This section provides the exclusive remedy by which a person seeking in the capacity

of a judgment creditor to enforce a judgment against a partner or transferee may satisfy the

judgment from the judgment debtor's transferable interest.


 

 

 

334)

Section

Added Chapter Numbers:

 

7-13.1-704

121 and 122

 

 

7-13.1-704. Power of legal representative of deceased partner.

     If a partner dies, the deceased partner's legal representative may exercise:

     (1) The rights of a transferee provided in § 7-13.1-702(c); and

     (2) For the purposes of settling the estate, the rights of a current limited partner under § 7-

13.1-304.


 

 

 

335)

Section

Added Chapter Numbers:

 

7-13.1-Pt.8

121 and 122

 

 

PART 8-DISSOLUTION AND WINDING UP


 

 

 

 

336)

Section

Added Chapter Numbers:

 

7-13.1-801

121 and 122

 

 

7-13.1-801. Events causing dissolution.

     (a) A limited partnership is dissolved, and its activities and affairs must be wound up, upon

the occurrence of any of the following:

     (1) An event or circumstance that the partnership agreement states causes dissolution;

     (2) The affirmative vote or consent of all general partners and of limited partners owning

a majority of the rights to receive distributions as limited partners at the time the vote or consent is

to be effective;

     (3) After the dissociation of a person as a general partner:

     (i) If the partnership has at least one remaining general partner, the affirmative vote or

consent to dissolve the partnership not later than ninety (90) days after the dissociation by partners

owning a majority of the rights to receive distributions as partners at the time the vote or consent

is to be effective; or

     (ii) If the partnership does not have a remaining general partner, the passage of ninety (90)

days after the dissociation, unless before the end of the period:

     (A) Consent to continue the activities and affairs of the partnership and admit at least one

general partner is given by limited partners owning a majority of the rights to receive distributions

as limited partners at the time the consent is to be effective; and

     (B) At least one person is admitted as a general partner in accordance with the consent;

     (4) The passage of ninety (90) consecutive days after the dissociation of the partnership's

last limited partner, unless before the end of the period the partnership admits at least one limited

partner;

     (5) The passage of ninety (90) consecutive days during which the partnership has only one

partner, unless before the end of the period:

     (i) The partnership admits at least one person as a partner;

     (ii) If the previously sole remaining partner is only a general partner, the partnership admits

the person as a limited partner; and

     (iii) If the previously sole remaining partner is only a limited partner, the partnership admits

a person as a general partner;

     (6) On application by a partner, the entry by the superior court of an order dissolving the

partnership on the grounds that:

     (i) The conduct of all or substantially all the partnership's activities and affairs is unlawful;

or

     (ii) It is not reasonably practicable to carry on the partnership's activities and affairs in

conformity with the certificate of limited partnership and partnership agreement; or

     (7) The signing and filing of a certificate of revocation by the secretary of state under § 7-

13.1-811.

     (b) If an event occurs that imposes a deadline on a limited partnership under subsection (a)

of this section and before the partnership has met the requirements of the deadline, another event

occurs that imposes a different deadline on the partnership under subsection (a) of this section:

     (1) The occurrence of the second event does not affect the deadline caused by the first

event; and

     (2) The partnership's meeting of the requirements of the first deadline does not extend the

second deadline.


 

 

 

337)

Section

Added Chapter Numbers:

 

7-13.1-802

121 and 122

 

 

7-13.1-802. Winding up.

     (a) A dissolved limited partnership shall wind up its activities and affairs and, except as

otherwise provided in § 7-13.1-803, the partnership continues after dissolution only for the purpose

of winding up.

     (b) In winding up its activities and affairs, the limited partnership:

     (1) Shall discharge the partnership's debts, obligations, and other liabilities, settle and close

the partnership's activities and affairs, and marshal and distribute the assets of the partnership; and

     (2) May:

     (i) Amend its certificate of limited partnership to state that the partnership is dissolved;

     (ii) Preserve the partnership activities, affairs, and property as a going concern for a

reasonable time;

     (iii) Prosecute and defend actions and proceedings, whether civil, criminal, or

administrative;

     (iv) Transfer the partnership's property;

     (v) Settle disputes by mediation or arbitration;

     (vi) Deliver to the secretary of state for filing a statement of dissolution stating the name

of the partnership and that the partnership is dissolved; and

     (vii) Perform other acts necessary or appropriate to the winding up.

     (c) If a dissolved limited partnership does not have a general partner, a person to wind up

the dissolved partnership's activities and affairs may be appointed by the affirmative vote or consent

of limited partners owning a majority of the rights to receive distributions as limited partners at the

time the vote or consent is to be effective. A person appointed under this subsection:

     (1) Has the powers of a general partner under § 7-13.1-804 but is not liable for the debts,

obligations, and other liabilities of the partnership solely by reason of having or exercising those

powers or otherwise acting to wind up the dissolved partnership's activities and affairs; and

     (2) Shall deliver promptly to the secretary of state for filing an amendment to the

partnership's certificate of limited partnership stating:

     (i) That the partnership does not have a general partner;

     (ii) The name and street and mailing addresses of the person; and

     (iii) That the person has been appointed pursuant to this subsection to wind up the

partnership.

     (d) On the application of a partner, the superior court may order judicial supervision of the

winding up of a dissolved limited partnership, including the appointment of a person to wind up

the partnership's activities and affairs, if:

     (1) The partnership does not have a general partner and within a reasonable time following

the dissolution no person has been appointed pursuant to subsection (c) of this section; or

     (2) The applicant establishes other good cause.


 

 

 

338)

Section

Added Chapter Numbers:

 

7-13.1-803

121 and 122

 

 

7-13.1-803. Rescinding dissolution.

     (a) A limited partnership may rescind its dissolution, unless a statement of dissolution

applicable to the partnership has become effective, the superior court has entered an order under §

7-13.1-801(a)(6) dissolving the partnership, or the secretary of state has revoked the partnership

under § 7-13.1-811.

     (b) Rescinding dissolution under this section requires:

     (1) The affirmative vote or consent of each partner; and

     (2) If the limited partnership has delivered to the secretary of state for filing an amendment

to the certificate of limited partnership stating that the partnership is dissolved and:

     (i) The amendment has not become effective, delivery to the secretary of state for filing of

a statement of withdrawal under § 7-13.1-208 applicable to the amendment; or

     (ii) The amendment has become effective, delivery to the secretary of state for filing of an

amendment to the certificate of limited partnership stating that dissolution has been rescinded under

this section.

     (c) If a limited partnership rescinds its dissolution:

     (1) The partnership resumes carrying on its activities and affairs as if dissolution had never

occurred;

     (2) Subject to subsection (c)(3) of this section, any liability incurred by the partnership

after the dissolution and before the rescission has become effective is determined as if dissolution

had never occurred; and

     (3) The rights of a third party arising out of conduct in reliance on the dissolution before

the third party knew or had notice of the rescission may not be adversely affected.


 

 

 

 

339)

Section

Added Chapter Numbers:

 

7-13.1-804

121 and 122

 

 

7-13.1-804. Power to bind partnership after dissolution.

     (a) A limited partnership is bound by a general partner's act after dissolution which:

     (1) Is appropriate for winding up the partnership's activities and affairs; or

     (2) Would have bound the partnership under § 7-13.1-402 before dissolution if, at the time

the other party enters into the transaction, the other party does not know or have notice of the

dissolution.

     (b) A person dissociated as a general partner binds a limited partnership through an act

occurring after dissolution if:

     (1) At the time the other party enters into the transaction:

     (i) Less than two (2) years has passed since the dissociation; and

     (ii) The other party does not know or have notice of the dissociation and reasonably

believes that the person is a general partner; and

     (2) The act:

     (i) Is appropriate for winding up the partnership's activities and affairs; or

     (ii) Would have bound the partnership under § 7-13.1-402 before dissolution and at the

time the other party enters into the transaction the other party does not know or have notice of the

dissolution.


 

 

 

340)

Section

Added Chapter Numbers:

 

7-13.1-805

121 and 122

 

 

7-13.1-805. Liability after dissolution of general partner and person dissociated as

general partner.

     (a) If a general partner having knowledge of the dissolution causes a limited partnership to

incur an obligation under § 7-13.1-804(a) by an act that is not appropriate for winding up the

partnership's activities and affairs, the general partner is liable:

     (1) To the partnership for any damage caused to the partnership arising from the obligation;

and

     (2) If another general partner or a person dissociated as a general partner is liable for the

obligation, to that other general partner or person for any damage caused to that other general

partner or person arising from the liability.

     (b) If a person dissociated as a general partner causes a limited partnership to incur an

obligation under § 7-13.1-804(b), the person is liable:

     (1) To the partnership for any damage caused to the partnership arising from the obligation;

and

     (2) If a general partner or another person dissociated as a general partner is liable for the

obligation, to the general partner or other person for any damage caused to the general partner or

other person arising from the obligation.


 

 

 

341)

Section

Added Chapter Numbers:

 

7-13.1-806

121 and 122

 

 

7-13.1-806. Known claims against dissolved limited partnership.

     (a) Except as otherwise provided in subsection (d) of this section, a dissolved limited

partnership may give notice of a known claim under subsection (b) of this section, which has the

effect provided in subsection (c) of this section.

     (b) A dissolved limited partnership may in a record notify its known claimants of the

dissolution. The notice must:

     (1) Specify the information required to be included in a claim;

     (2) State that a claim must be in writing and provide a mailing address to which the claim

is to be sent;

     (3) State the deadline for receipt of a claim, which may not be less than one hundred twenty

(120) days after the date the notice is received by the claimant;

     (4) State that the claim will be barred if not received by the deadline; and

     (5) Unless the partnership has been throughout its existence a limited liability limited

partnership, state that the barring of a claim against the partnership will also bar any corresponding

claim against any general partner or person dissociated as a general partner which is based on § 7-

13.1-404.

     (c) A claim against a dissolved limited partnership is barred if the requirements of

subsection (b) of this section are met and:

     (1) The claim is not received by the specified deadline; or

     (2) If the claim is timely received but rejected by the partnership:

     (i) The partnership causes the claimant to receive a notice in a record stating that the claim

is rejected and will be barred unless the claimant commences an action against the partnership to

enforce the claim not later than ninety (90) days after the claimant receives the notice; and

     (ii) The claimant does not commence the required action not later than ninety (90) days

after the claimant receives the notice.

     (d) This section does not apply to a claim based on an event occurring after the date of

dissolution or a liability that on that date is contingent.


 

 

 

 

342)

Section

Added Chapter Numbers:

 

7-13.1-807

121 and 122

 

 

7-13.1-807. Other claims against dissolved limited partnership.

     (a) A dissolved limited partnership may publish notice of its dissolution and request

persons having claims against the partnership to present them in accordance with the notice.

     (b) A notice under subsection (a) of this section must:

     (1) Be published at least once in a newspaper of general circulation in the county in this

state in which the dissolved limited partnership's principal office is or, if the principal office is not

located in this state, in the county in which the office of the partnership's registered agent is or was

last located;

     (2) Describe the information required to be contained in a claim, state that the claim must

be in writing, and provide a mailing address to which the claim is to be sent;

     (3) State that a claim against the partnership is barred unless an action to enforce the claim

is commenced not later than three (3) years after publication of the notice; and

     (4) Unless the partnership has been throughout its existence a limited liability limited

partnership, state that the barring of a claim against the partnership will also bar any corresponding

claim against any general partner or person dissociated as a general partner which is based on § 7-

13.1-404.

     (c) If a dissolved limited partnership publishes a notice in accordance with subsection (b)

of this section, the claim of each of the following claimants is barred unless the claimant

commences an action to enforce the claim against the partnership not later than three (3) years after

the publication date of the notice:

     (1) A claimant that did not receive notice in a record under § 7-13.1-806;

     (2) A claimant whose claim was timely sent to the partnership but not acted on; and

     (3) A claimant whose claim is contingent at, or based on an event occurring after, the date

of dissolution.

     (d) A claim not barred under this section or § 7-13.1-806 may be enforced:

     (1) Against the dissolved limited partnership, to the extent of its undistributed assets;

     (2) Except as otherwise provided in § 7-13.1-808, if assets of the partnership have been

distributed after dissolution, against a partner or transferee to the extent of that person's

proportionate share of the claim or of the partnership's assets distributed to the partner or transferee

after dissolution, whichever is less, but a person's total liability for all claims under this subsection

may not exceed the total amount of assets distributed to the person after dissolution; and

     (3) Against any person liable on the claim under §§ 7-13.1-404 and 7-13.1-607.


 

 

 

343)

Section

Added Chapter Numbers:

 

7-13.1-808

121 and 122

 

 

7-13.1-808. Court proceedings.

     (a) A dissolved limited partnership that has published a notice under § 7-13.1-807 may file

an application with the superior court in the county where the partnership's principle office is

located or, if the principal office in not located in this state, where the office of its registered agent

is or was last located, for a determination of the amount and form of security to be provided for

payment of claims that are contingent, have not been made known to the partnership, or are based

on an event occurring after the date of dissolution but which, based on the facts known to the

partnership, are reasonably expected to arise after the date of dissolution. Security is not required

for any claim that is or is reasonably anticipated to be barred under § 7-13.1-807.

     (b) Not later than ten (10) days after the filing of an application under subsection (a) of this

section, the dissolved limited partnership shall give notice of the proceeding to each claimant

holding a contingent claim known to the partnership.

     (c) In a proceeding brought under this section, the court may appoint a guardian ad litem

to represent all claimants whose identities are unknown. The reasonable fees and expenses of the

guardian, including all reasonable expert witness fees, must be paid by the dissolved limited

partnership.

     (d) A dissolved limited partnership that provides security in the amount and form ordered

by the court under subsection (a) of this section satisfies the partnership's obligations with respect

to claims that are contingent, have not been made known to the partnership, or are based on an

event occurring after the date of dissolution, and such claims may not be enforced against a partner

or transferee on account of assets received in liquidation.


 

 

 

344)

Section

Added Chapter Numbers:

 

7-13.1-809

121 and 122

 

 

7-13.1-809. Liability of general partner and person dissociated as general partner

when claim against limited partnership barred.

     If a claim against a dissolved limited partnership is barred under §§ 7-13.1-806, 7-13.1-

807, or 7-13.1-808, any corresponding claim under §§ 7-13.1-404 or 7-13.1-607 is also barred.


 

 

 

 

 

345)

Section

Added Chapter Numbers:

 

7-13.1-810

121 and 122

 

 

7-13.1-810. Disposition of assets in winding up -- When contributions required.

     (a) In winding up its activities and affairs, a limited partnership shall apply its assets,

including the contributions required by this section, to discharge the partnership's obligations to

creditors, including partners that are creditors.

     (b) After a limited partnership complies with subsection (a) of this section, any surplus

must be distributed in the following order, subject to any charging order in effect under § 7-13.1-

703:

     (1) To each person owning a transferable interest that reflects contributions made and not

previously returned, an amount equal to the value of the unreturned contributions; and

     (2) Among persons owning transferable interests in proportion to their respective rights to

share in distributions immediately before the dissolution of the partnership.

     (c) If a limited partnership's assets are insufficient to satisfy all of its obligations under

subsection (a) of this section, with respect to each unsatisfied obligation incurred when the

partnership was not a limited liability limited partnership, the following rules apply:

     (1) Each person that was a general partner when the obligation was incurred and that has

not been released from the obligation under § 7-13.1-607 shall contribute to the partnership for the

purpose of enabling the partnership to satisfy the obligation. The contribution due from each of

those persons is in proportion to the right to receive distributions in the capacity of a general partner

in effect for each of those persons when the obligation was incurred.

     (2) If a person does not contribute the full amount required under subsection (c)(1) of this

section with respect to an unsatisfied obligation of the partnership, the other persons required to

contribute by subsection (c)(1) of this section on account of the obligation shall contribute the

additional amount necessary to discharge the obligation. The additional contribution due from each

of those other persons is in proportion to the right to receive distributions in the capacity of a general

partner in effect for each of those other persons when the obligation was incurred.

     (3) If a person does not make the additional contribution required by subsection (c)(2) of

this section, further additional contributions are determined and due in the same manner as provided

in that subsection.

     (d) A person that makes an additional contribution under subsections (c)(2) or (c)(3) of this

section may recover from any person whose failure to contribute under subsections (c)(1) or (c)(2)

of this section necessitated the additional contribution. A person may not recover under this

subsection more than the amount additionally contributed. A person's liability under this subsection

may not exceed the amount the person failed to contribute.

     (e) All distributions made under subsections (b) and (c) of this section must be paid in

money.


 

 

 

346)

Section

Added Chapter Numbers:

 

7-13.1-811

121 and 122

 

 

7-13.1-811. Revocation of a certificate of limited partnership.

     (a) The certificate of limited partnership may be revoked by the secretary of state under the

conditions prescribed in this section when it is established that:

     (1) The limited partnership procured its certificate of limited partnership through fraud;

     (2) The limited partnership has continued to exceed or abuse the authority conferred upon

it by law;

     (3) The limited partnership has failed to file its annual report within the time required by

this chapter;

     (4) The limited partnership has failed to pay any required fees to the secretary of state when

they have become due and payable;

     (5) The secretary of state has received notice from the division of taxation, in accordance

with § 7-13.1-215, that the limited partnership has failed to pay any fees or taxes due this state;

     (6) The limited partnership has failed for thirty (30) days to appoint and maintain a

registered agent in this state as required by this chapter;

     (7) The limited partnership has failed, after change of its registered agent, to file in the

office of the secretary of state a statement of the change as required by this chapter;

     (8) The limited partnership has failed to file in the office of the secretary of state any

amendment to its certificate of limited partnership or any articles of dissolution, merger, or

consolidation as prescribed by this chapter; or

     (9) A misrepresentation has been made of any material matter in any application, report,

affidavit, or other document submitted by the limited partnership pursuant to this chapter.

     (b) No certificate of limited partnership of a limited partnership shall be revoked by the

secretary of state unless:

     (1) The secretary of state shall have given the limited partnership notice thereof not less

than sixty (60) days prior to such revocation by regular mail addressed to the registered agent in

this state on file with the secretary of state's office, which notice shall specify the basis for the

revocation; provided, however, that if a prior mailing addressed to the address of the registered

agent of the limited partnership in this state currently on file with the secretary of state's office has

been returned as undeliverable by the United States Postal Service for any reason, or if the

revocation notice is returned as undeliverable by the United States Postal Service for any reason,

the secretary of state shall give notice as follows:

     (i) To the limited partnership at its principal office of record as shown in its most recent

annual report, and no further notice shall be required; or

     (ii) In the case of a limited partnership that has not yet filed an annual report, then to the

limited partnership at the principal office in the certificate of limited partnership and no further

notice shall be required; and

     (2) The limited partnership fails prior to revocation to file the annual report, pay the fees

or taxes, file the required statement of change of registered agent, file the articles of amendment or

amendment to its registration or articles of dissolution, cancellation of registration, merger, or

consolidation, or correct the misrepresentation.


 

 

 

 

347)

Section

Added Chapter Numbers:

 

7-13.1-812

121 and 122

 

 

7-13.1-812. Issuance of certificates of revocation.

     (a) Upon revoking any such certificate of limited partnership, the secretary of state shall:

     (1) Issue a certificate of revocation in duplicate;

     (2) File one of the certificates in the secretary of state's office;

     (3) Send to the limited partnership by regular mail a certificate of revocation, addressed to

the registered agent of the limited partnership in this state on file with the secretary of state's office;

provided, however, that if a prior mailing addressed to the address of the registered agent of the

limited partnership in this state currently on file with the secretary of state's office has been returned

to the secretary of state as undeliverable by the United States Postal Service for any reason, or if

the revocation certificate is returned as undeliverable to the secretary of state's office by the United

States Postal Service for any reason, the secretary of state shall give notice as follows:

     (i) To the limited partnership at its principal office of record as shown in its most recent

annual report, and no further notice shall be required; or

     (ii) In the case of a limited partnership that has not yet filed an annual report, then to the

domestic limited-liability company at the principal office in the articles of organization or to the

authorized person listed on the articles of organization, and no further notice shall be required.

     (b) A limited partnership that is revoked continues in existence as an entity but may not

carry on any activities except as necessary to wind up its activities and affairs and liquidate its

assets under §§ 7-13.1-802, 7-13.1-806, 7-13.1-807, 7-13.1-808, and 7-13.1-810, or to apply for

reinstatement under § 7-13.1-812 7-13.1-813.

     (c) The revocation of a limited partnership does not terminate the authority of its registered

agent.


 

 

 

 

 

 

 

348)

Section

Added Chapter Numbers:

 

7-13.1-813

121 and 122

 

 

7-13.1-813. Reinstatement.

      (a) Within ten (10) years after issuing a certificate of revocation as provided in § 7-13.1-

812, the secretary of state may withdraw the certificate of revocation and retroactively reinstate the

limited partnership in good standing as if its certificate of limited partnership had not been revoked

except as subsequently provided:

     (1) On the filing by the limited partnership of the documents it had previously failed to file

as set forth in §§ 7-13.1-811(a)(3) through (6);

     (2) On the payment by the limited partnership of a penalty in the amount of fifty dollars

($50.00) for each year or part of year that has elapsed since the issuance of the certificate of

revocation; and

     (3) Upon the filing by the limited partnership of a certificate of good standing from the

Rhode Island division of taxation.

     (b) If, as permitted by the provisions of this chapter or chapters chapter 1.2, 6, 12 or 12.1,

or 13.1 of this title, another limited liability company, business or nonprofit corporation, registered

limited liability partnership or a limited partnership, or in each case domestic or foreign, authorized

and qualified to transact business in this state, bears or has filed a fictitious business name statement

as to or reserved or registered a name that is the same as, the name of the limited partnership with

respect to which the certificate of revocation is proposed to be withdrawn, then the secretary of

state shall condition the withdrawal of the certificate of revocation on the reinstated limited

partnership amending its certificate of limited partnership so as to designate a name that is not the

same as its former name.

     (d) (c) When reinstatement under this section has become effective, the following rules

apply:

     (1) The reinstatement relates back to and takes effect as of the effective date of the

certificate of revocation.

     (2) The limited partnership resumes carrying on its activities and affairs as if the revocation

had not occurred.

     (3) The rights of a person arising out of an act or omission in reliance on the revocation

before the person knew or had notice of the reinstatement are not affected.


 

 

 

 

 

 

 

349)

Section

Added Chapter Numbers:

 

7-13.1-814

121 and 122

 

 

7-13.1-814. Judicial review of denial of reinstatement.

     (a) If the secretary of state denies a limited partnership's application for reinstatement

following administrative dissolution, the secretary of state shall serve the partnership with a notice

in a record that explains the reasons for the denial.

     (b) A limited partnership may seek judicial review of denial of reinstatement in the superior

court not later than thirty (30) days after service of the notice of denial.


 

 

 

 

350)

Section

Added Chapter Numbers:

 

7-13.1-Pt.9

121 and 122

 

 

PART 9-ACTIONS BY PARTNERS


 

 

 

 

351)

Section

Added Chapter Numbers:

 

7-13.1-901

121 and 122

 

 

7-13.1-901. Direct action by partner.

     (a) Subject to subsection (b) of this section, a partner may maintain a direct action against

another partner or the limited partnership, with or without an accounting as to the partnership's

activities and affairs, to enforce the partner's rights and otherwise protect the partner's interests,

including rights and interests under the partnership agreement or this chapter or arising

independently of the partnership relationship.

     (b) A partner maintaining a direct action under this section must plead and prove an actual

or threatened injury that is not solely the result of an injury suffered or threatened to be suffered by

the limited partnership.

     (c) A right to an accounting on a dissolution and winding up does not revive a claim barred

by law.


 

 

 

 

352)

Section

Added Chapter Numbers:

 

7-13.1-902

121 and 122

 

 

7-13.1-902. Derivative action.

     A partner may maintain a derivative action to enforce a right of a limited partnership if:

     (1) The partner first makes a demand on the general partners, requesting that they cause

the partnership to bring an action to enforce the right, and the general partners do not bring the

action within a reasonable time; or

     (2) A demand under subsection (1) of this section would be futile.


 

 

 

 

353)

Section

Added Chapter Numbers:

 

7-13.1-903

121 and 122

 

 

7-13.1-903. Proper plaintiff.

     A derivative action to enforce a right of a limited partnership may be maintained only by a

person that is a partner at the time the action is commenced and:

     (1) Was a partner when the conduct giving rise to the action occurred; or

     (2) Whose status as a partner devolved on the person by operation of law or pursuant to the

terms of the partnership agreement from a person that was a partner at the time of the conduct.


 

 

 

 

 

354)

Section

Added Chapter Numbers:

 

7-13.1-904

121 and 122

 

 

7-13.1-904. Pleading.

     In a derivative action, the complaint must state with particularity:

     (1) The date and content of plaintiff's demand and the response to the demand by the

general partner; or

     (2) Why the demand should be excused as futile.


 

 

 

355)

Section

Added Chapter Numbers:

 

7-13.1-905

121 and 122

 

 

7-13.1-905. Special litigation committee.

     (a) If a limited partnership is named as or made a party in a derivative proceeding, the

partnership may appoint a special litigation committee to investigate the claims asserted in the

proceeding and determine whether pursuing the action is in the best interests of the partnership. If

the partnership appoints a special litigation committee, on motion by the committee made in the

name of the partnership, except for good cause shown, the court shall stay discovery for the time

reasonably necessary to permit the committee to make its investigation. This subsection does not

prevent the court from:

     (1) Enforcing a person's right to information under §§ 7-13.1-304 or 7-13.1-407; or

     (2) Granting extraordinary relief in the form of a temporary restraining order or preliminary

injunction.

     (b) A special litigation committee must be composed of one or more disinterested and

independent individuals, who may be partners.

     (c) A special litigation committee may be appointed:

     (1) By a majority of the general partners not named as parties in the proceeding; or

     (2) If all general partners are named as parties in the proceeding, by a majority of the

general partners named as defendants.

     (d) After appropriate investigation, a special litigation committee may determine that it is

in the best interests of the limited partnership that the proceeding:

     (1) Continue under the control of the plaintiff;

     (2) Continue under the control of the committee;

     (3) Be settled on terms approved by the committee; or

     (4) Be dismissed.

     (e) After making a determination under subsection (d) of this section, a special litigation

committee shall file with the court a statement of its determination and its report supporting its

determination and shall serve each party with a copy of the determination and report. The court

shall determine whether the members of the committee were disinterested and independent and

whether the committee conducted its investigation and made its recommendation in good faith,

independently, and with reasonable care, with the committee having the burden of proof. If the

court finds that the members of the committee were disinterested and independent and that the

committee acted in good faith, independently, and with reasonable care, the court shall enforce the

determination of the committee. Otherwise, the court shall dissolve the stay of discovery entered

under subsection (a) of this section and allow the action to continue under the control of the

plaintiff.


 

 

356)

Section

Added Chapter Numbers:

 

7-13.1-906

121 and 122

 

 

7-13.1-906. Proceeds and expenses.

     (a) Except as otherwise provided in subsection (b) of this section:

     (1) Any proceeds or other benefits of a derivative action, whether by judgment,

compromise, or settlement, belong to the limited partnership and not to the plaintiff; and

     (2) If the plaintiff receives any proceeds, the plaintiff shall remit them immediately to the

partnership.

     (b) If a derivative action is successful in whole or in part, the court may award the plaintiff

reasonable expenses, including reasonable attorneys' fees and costs, from the recovery of the

limited partnership.

     (c) A derivative action on behalf of a limited partnership may not be voluntarily dismissed

or settled without the court's approval.


 

 

 

357)

Section

Added Chapter Numbers:

 

7-13.1-Pt.10

121 and 122

 

 

PART 10-FOREIGN LIMITED PARTNERSHIPS


 

 

358)

Section

Added Chapter Numbers:

 

7-13.1-1001

121 and 122

 

 

7-13.1-1001. Governing law.

     (a) The law of the jurisdiction of formation of a foreign limited partnership governs:

     (1) The internal affairs of the partnership;

     (2) The liability of a partner as partner for a debt, obligation, or other liability of the

partnership; and

     (3) The liability of a series of the partnership.

     (b) A foreign limited partnership is not precluded from registering to do business in this

state because of any difference between the law of its jurisdiction of formation and the law of this

state.

     (c) Registration of a foreign limited partnership to do business in this state does not

authorize the foreign partnership to engage in any activities and affairs or exercise any power that

a limited partnership may not engage in or exercise in this state.


 

 

 

359)

Section

Added Chapter Numbers:

 

7-13.1-1002

121 and 122

 

 

7-13.1-1002. Registration to do business in this state.

     (a) A foreign limited partnership may not do business in this state until it registers with the

secretary of state under this part.

     (b) A foreign limited partnership doing business in this state may not maintain an action or

proceeding in this state unless it is registered to do business in this state.

     (c) The failure of a foreign limited partnership to register to do business in this state does

not impair the validity of a contract or act of the partnership or preclude it from defending an action

or proceeding in this state.

     (d) A limitation on the liability of a general partner or limited partner of a foreign limited

partnership is not waived solely because the partnership does business in this state without

registering to do business in this state.

     (e) Section 7-13.1-1001(a) and 7-13.1-1001(b) applies even if the foreign limited

partnership fails to register under this part.


 

 

 

 

360)

Section

Added Chapter Numbers:

 

7-13.1-1003

121 and 122

 

 

7-13.1-1003. Foreign registration statement.

     To register to do business in this state, a foreign limited partnership must deliver a foreign

registration statement to the secretary of state for filing. The statement must state:

     (1) The name of the partnership and, if the name does not comply with § 7-13.1-114, an

alternate name adopted pursuant to § 7-13.1-1006(a);

     (2) That the partnership is a foreign limited partnership;

     (3) The partnership's jurisdiction of formation;

     (4) The general character of the business it proposes to transact in this state;

     (5) The name and business address of each general partner;

     (6) The street and mailing addresses of the partnership's principal office and, if the law of

the partnership's jurisdiction of formation requires the partnership to maintain an office in that

jurisdiction, the street and mailing addresses of the required office;

     (7) The name and street and mailing addresses of the partnership's registered agent in this

state;

     (8) A statement that the secretary of state is appointed the agent of a foreign limited

partnership for service of process if no agent has been appointed, or, if appointed, the agent’s

authority has been revoked or if the agent cannot be found or served with the exercise of reasonable

diligence; and

     (9) Additional information as may be necessary or appropriate in order to enable the

secretary of state to determine whether the foreign limited partnership is entitled to a certificate of

authority to transact business in this state.


 

 

 

361)

Section

Added Chapter Numbers:

 

7-13.1-1004

121 and 122

 

 

7-13.1-1004. Amendment of foreign registration statement.

     A registered foreign limited partnership shall deliver to the secretary of state for filing an

amendment to its foreign registration statement if there is a change in:

     (1) The name of the partnership;

     (2) The alternate name adopted pursuant to § 7-13.1-1006(a); or

     (3) The general partners of record.


 

 

 

 

362)

Section

Added Chapter Numbers:

 

7-13.1-1005

121 and 122

 

 

7-13.1-1005. Activities not constituting doing business.

     (a) Activities of a foreign limited partnership which do not constitute doing business in this

state under this part include:

     (1) Maintaining, defending, mediating, arbitrating, or settling an action or proceeding;

     (2) Carrying on any activity concerning its internal affairs, including holding meetings of

its partners;

     (3) Maintaining accounts in financial institutions;

     (4) Maintaining offices or agencies for the transfer, exchange, and registration of securities

of the partnership or maintaining trustees or depositories with respect to those securities;

     (5) Selling through independent contractors;

     (6) Soliciting or obtaining orders by any means if the orders require acceptance outside this

state before they become contracts;

     (7) Creating or acquiring indebtedness, mortgages, or security interests in property;

     (8) Securing or collecting debts or enforcing mortgages or security interests in property

securing the debts and holding, protecting, or maintaining property;

     (9) Conducting an isolated transaction that is not in the course of similar transactions;

     (10) Owning, without more, property; and

     (11) Doing business in interstate commerce.

     (b) A person does not do business in this state solely by being a partner of a foreign limited

partnership that does business in this state.

     (c) This section does not apply in determining the contacts or activities that may subject a

foreign limited partnership to service of process, taxation, or regulation under law of this state other

than this chapter.


 

 

 

 

363)

Section

Added Chapter Numbers:

 

7-13.1-1006

121 and 122

 

 

7-13.1-1006. Noncomplying name of foreign limited partnership.

     (a) A foreign limited partnership whose name does not comply with § 7-13.1-114 may not

register to do business in this state until it adopts, for the purpose of doing business in this state, an

alternate name that complies with § 7-13.1-114. After registering to do business in this state with

an alternate name, a partnership shall do business in this state under:

     (1) The alternate name;

     (2) The partnership's name, with the addition of its jurisdiction of formation; or

     (3) A name the partnership is authorized to use under the law of this state other than this

chapter.

     (b) If a registered foreign limited partnership changes its name to one that does not comply

with § 7-13.1-114, it may not do business in this state until it complies with subsection (a) of this

section by amending its registration to adopt an alternate name that complies with § 7-13.1-114.


 

 

364)

Section

Added Chapter Numbers:

 

7-13.1-1007

121 and 122

 

 

7-13.1-1007. Withdrawal deemed on conversion to domestic filing entity or domestic

limited liability partnership.

     A registered foreign limited partnership that converts to a domestic limited liability

partnership or to a domestic entity whose formation requires delivery of a record to the secretary

of state for filing is deemed to have withdrawn its registration on the effective date of the

conversion.


 

 

 

 

365)

Section

Added Chapter Numbers:

 

7-13.1-1008

121 and 122

 

 

7-13.1-1008. Withdrawal on dissolution or conversion to nonfiling entity other than

limited liability partnership.

     (a) A registered foreign limited partnership that has dissolved and completed winding up

or has converted to a domestic or foreign entity whose formation does not require the public filing

of a record, other than a limited liability partnership, shall deliver a statement of withdrawal to the

secretary of state for filing. The statement must state:

     (1) In the case of a partnership that has completed winding up:

     (i) Its name and jurisdiction of formation;

     (ii) That the partnership surrenders its registration to do business in this state;

     (iii) That the limited partnership revokes the authority of its registered agent in this state to

accept service of process and consents that service of process in any action, suit, or proceeding

based upon any cause of action arising in this state during the time the limited partnership was

authorized to transact business in this state may subsequently be made on the limited partnership

by service on the secretary of state in accordance with subsection (b) of this section;

      (iv) The post office address to which the secretary of state may mail a copy of any process

against the limited partnerships that is served on the secretary of state; and

     (v) A statement that the limited partnership certifies that it has no outstanding tax

obligations. As required by § 7-13.1-213, the limited partnership has paid all fees and taxes.

     (2) In the case of a partnership that has converted:

     (i) The name of the converting partnership and its jurisdiction of formation;

     (ii) The type of entity to which the partnership has converted and its jurisdiction of

formation;

     (iii) That the converted entity surrenders the converting partnership’s registration to do

business in this state and revokes the authority of the converting partnership’s registered agent to

act as registered agent in this state on behalf of the partnership or the converted entity;

     (iv) A mailing address to which service of process may be made under subsection (b), of

this section; and

     (v) A statement that the limited partnership certifies that it has no outstanding tax

obligations. As required by § 7-13.1-213, the limited partnership has paid all fees and taxes.

     (b) After a withdrawal under this section has become effective, service of process in any

action or proceeding based on a cause of action arising during the time the foreign limited

partnership was registered to do business in this state may be made pursuant to § 7-13.1-121.


 

 

 

366)

Section

Added Chapter Numbers:

 

7-13.1-1009

121 and 122

 

 

7-13.1-1009. Transfer of registration.

     (a) When a registered foreign limited partnership has merged into a foreign entity that is

not registered to do business in this state or has converted to a foreign entity required to register

with the secretary of state to do business in this state, the foreign entity shall deliver to the secretary

of state for filing an application for transfer of registration. The application must state:

     (1) The name of the registered foreign limited partnership before the merger or conversion;

     (2) That before the merger or conversion the registration pertained to a foreign limited

partnership;

     (3) The name of the applicant foreign entity into which the foreign limited partnership has

merged or to which it has been converted and, if the name does not comply with § 7-13.1-114, an

alternate name adopted pursuant to § 7-13.1-1006(a);

     (4) The type of entity of the applicant foreign entity and its jurisdiction of formation;

     (5) The street and mailing addresses of the principal office of the applicant foreign entity

and, if the law of the entity's jurisdiction of formation requires the entity to maintain an office in

that jurisdiction, the street and mailing addresses of that office; and

     (6) The name and street and mailing addresses of the applicant foreign entity's registered

agent in this state.

     (b) When an application for transfer of registration takes effect, the registration of the

foreign limited partnership to do business in this state is transferred without interruption to the

foreign entity into which the partnership has merged or to which it has been converted.


 

 

 

367)

Section

Added Chapter Numbers:

 

7-13.1-1010

121 and 122

 

 

7-13.1-1010. Revocation of registration.

     (a) The registration of a foreign limited partnership may be revoked by the secretary of

state under the conditions prescribed in this section when it is established that:

     (1) The limited partnership procured its certificate of registration through fraud;

     (2) The limited partnership has continued to exceed or abuse the authority conferred upon

it by law;

     (3) The limited partnership has failed to file its annual report within the time required by

this chapter;

     (4) The limited partnership has failed to pay any required fees to the secretary of state when

they have become due and payable;

     (5) The secretary of state has received notice from the division of taxation, in accordance

with § 7-13.1-214, that the limited partnership has failed to pay any fees or taxes due this state;

     (6) The limited partnership has failed for thirty (30) days to appoint and maintain a

registered agent in this state as required by this chapter;

     (7) The limited partnership has failed, after change of its registered agent, to file in the

office of the secretary of state a statement of the change as required by this chapter;

     (8) The limited partnership has failed to file in the office of the secretary of state any

amendment to its certificate of registration or any articles of dissolution, merger, or consolidation

as prescribed by this chapter; or

     (9) A misrepresentation has been made of any material matter in any application, report,

affidavit, or other document submitted by the limited partnership pursuant to this chapter.

     (b) No certificate of registration of a limited partnership shall be revoked by the secretary

of state unless:

     (1) The secretary of state shall have given the limited partnership notice thereof not less

than sixty (60) days prior to such revocation by regular mail addressed to the registered agent in

this state on file with the secretary of state's office, which notice shall specify the basis for the

revocation; provided, however, that if a prior mailing addressed to the address of the registered

agent of the limited partnership in this state currently on file with the secretary of state's office has

been returned as undeliverable by the United States Postal Service for any reason, or if the

revocation notice is returned as undeliverable by the United States Postal Service for any reason,

the secretary of state shall give notice as follows:

     (i) To the limited partnership at its principal office of record as shown in its most recent

annual report, and no further notice shall be required; or

     (ii) In the case of a limited partnership that has not yet filed an annual report, then to the

limited partnership at the principal office in the certificate of registration of limited partnership and

no further notice shall be required; and

     (2) The limited partnership fails prior to revocation to file the annual report, pay the fees

or taxes, file the required statement of change of registered agent, file the amendment to its

registration or certificate of withdrawal of registration, merger, or consolidation, or correct the

misrepresentation.


 

 

 

368)

Section

Added Chapter Numbers:

 

7-13.1-1011

121 and 122

 

 

7-13.1-1011. Issuance of certificates of revocation.

     (a) Upon revoking any such certificate of registration of limited partnership, the secretary

of state shall:

     (1) Issue a certificate of revocation in duplicate;

     (2) File one of the certificates in the secretary of state's office;

     (3) Send to the limited partnership by regular mail a certificate of revocation, addressed to

the registered agent of the limited partnership in this state on file with the secretary of state's office;

provided, however, that if a prior mailing addressed to the address of the registered agent of the

limited partnership in this state currently on file with the secretary of state's office has been returned

to the secretary of state as undeliverable by the United States Postal Service for any reason, or if

the revocation certificate is returned as undeliverable to the secretary of state's office by the United

States Postal Service for any reason, the secretary of state shall give notice as follows:

     (i) To the limited partnership at its principal office of record as shown in its most recent

annual report, and no further notice shall be required; or

     (ii) In the case of a limited partnership that has not yet filed an annual report, then to the

principal office listed in the certificate of registration, and no further notice shall be required.

     (b) The authority of the registered foreign limited partnership to do business in this state

ceases on the effective date of the certificate of revocation, or to apply for reinstatement under § 7-

13.1-1012.

     (c) The revocation of a limited partnership does not terminate the authority of its registered

agent.


 

 

 

369)

Section

Added Chapter Numbers:

 

7-13.1-1012

121 and 122

 

 

7-13.1-1012. Reinstatement.

     (a) Within ten (10) years after issuing a certificate of revocation as provided in § 7-13.1-

1011, the secretary of state may withdraw the certificate of revocation and retroactively reinstate

the limited partnership in good standing as if its certificate of registration of limited partnership had

not been revoked except as subsequently provided:

     (1) On the filing by the limited partnership of the documents it had previously failed to file

as set forth in §§ 7-13.1-1010(a)(3) through (6);

     (2) On the payment by the limited partnership of a penalty in the amount of fifty dollars

($50.00) for each year or part of year that has elapsed since the issuance of the certificate of

revocation; and

     (3) Upon the filing by the limited partnership of a certificate of good standing from the

Rhode Island division of taxation.

     (b) If, as permitted by the provisions of this chapter or chapters chapter 1.2, 6, 12 or 12.1,

or 13.1 of this title, another limited liability company, business or nonprofit corporation, registered

limited liability partnership or a limited partnership, or in each case domestic or foreign, authorized

and qualified to transact business in this state, bears or has filed a fictitious business name statement

as to or reserved or registered a name that is the same as, the name of the limited partnership with

respect to which the certificate of revocation is proposed to be withdrawn, then the secretary of

state shall condition the withdrawal of the certificate of revocation on the reinstated limited

partnership amending its certificate of registration so as to designate a name that meets the

requirements of § 7-13.1-114 by adopting an alternate name pursuant to § 7-13.1-1006(a).

      (d) (c) When reinstatement under this section has become effective, the following rules

apply:

     (1) The reinstatement relates back to and takes effect as of the effective date of the

certificate of revocation.

     (2) The limited partnership resumes carrying on its activities and affairs as if the revocation

had not occurred.

     (3) The rights of a person arising out of an act or omission in reliance on the revocation

before the person knew or had notice of the reinstatement are not affected.


 

 

 

370)

Section

Added Chapter Numbers:

 

7-13.1-1013

121 and 122

 

 

7-13.1-1013. Withdrawal of registration of registered foreign limited partnership.

      (a) A registered foreign limited partnership may withdraw its registration by delivering a

statement of withdrawal to the secretary of state for filing. The statement of withdrawal must state:

     (1) The name of the partnership and its jurisdiction of formation;

     (2) That the partnership is not doing business in this state and that it withdraws its

registration to do business in this state;

     (3) That the limited partnership revokes the authority of its registered agent in this state to

accept service of process and consents that service of process in any action, suit, or proceeding

based upon any cause of action arising in this state during the time the limited partnership was

authorized to transact business in this state may subsequently be made on the limited partnership

by service on the secretary of state in accordance with subsection (b) of this section;

     (4) The post office address to which the secretary of state may mail a copy of any process

against the limited partnerships partnership that is served on the secretary of state; and

     (5) A statement that the limited partnership certifies that it has no outstanding tax

obligations. As required by § 7-13.1-213, the limited partnership has paid all fees and taxes.

     (b) After the withdrawal of the registration of a foreign limited partnership, service of

process in any action or proceeding based on a cause of action arising during the time the

partnership was registered to do business in this state may be made pursuant to § 7-13.1-121.


 

 

 

371)

Section

Added Chapter Numbers:

 

7-13.1-1014

121 and 122

 

 

7-13.1-1014. Action by attorney general.

      The attorney general may maintain an action to enjoin a foreign limited partnership from

doing business in this state in violation of this chapter.


 

 

372)

Section

Added Chapter Numbers:

 

7-13.1-Pt.11

121 and 122

 

 

PART 11-MERGER, INTEREST EXCHANGE, CONVERSION, AND DOMESTICATION


 

 

 

 

373)

Section

Added Chapter Numbers:

 

7-13.1-SubPt.1

121 and 122

 

 

SUBPART 1-GENERAL PROVISIONS


 

 

 

 

374)

Section

Added Chapter Numbers:

 

7-13.1-1101

121 and 122

 

 

7-13.1-1101. Definitions.

     As used in this part:

     (1) "Acquired entity" means the entity, all of one or more classes or series of interests of

which are acquired in an interest exchange.

     (2) "Acquiring entity" means the entity that acquires all of one or more classes or series of

interests of the acquired entity in an interest exchange.

     (3) "Conversion" means a transaction authorized by subpart 4.

     (4) "Converted entity" means the converting entity as it continues in existence after a

conversion.

     (5) "Converting entity" means the domestic entity that approves a plan of conversion

pursuant to § 7-13.1-1143 or the foreign entity that approves a conversion pursuant to the law of

its jurisdiction of formation.

     (6) "Distributional interest" means the right under an unincorporated entity's organic law

and organic rules to receive distributions from the entity.

     (7) "Domestic", with respect to an entity, means governed as to its internal affairs by the

law of this state.

     (8) "Domesticated limited partnership" means the domesticating limited partnership as it

continues in existence after a domestication.

     (9) "Domesticating limited partnership" means the domestic limited partnership that

approves a plan of domestication pursuant to § 7-13.1-1153 or the foreign limited partnership that

approves a domestication pursuant to the law of its jurisdiction of formation.

     (10) "Domestication" means a transaction authorized by subpart 5.

     (11) "Entity":

     (i) Means:

     (A) A business corporation;

     (B) A nonprofit corporation;

     (C) A general partnership, including a limited liability partnership;

     (D) A limited partnership, including a limited liability limited partnership;

     (E) A limited liability company;

     (F) A general cooperative association;

     (G) A limited cooperative association;

     (H) An unincorporated nonprofit association;

     (I) A statutory trust, business trust, or common-law business trust; or

     (J) Any other person that has:

     (I) A legal existence separate from any interest holder of that person; or

     (II) The power to acquire an interest in real property in its own name; and

     (ii) Does not include:

     (A) An individual;

     (B) A trust with a predominantly donative purpose or a charitable trust;

     (C) An association or relationship that is not an entity listed in subsection (11)(i) of this

section and is not a partnership under the rules stated in § 7-12-18 or a similar provision of the law

of another jurisdiction;

     (D) A decedent's estate; or

     (E) A government or a governmental subdivision, agency, or instrumentality.

     (12) "Filing entity" means an entity whose formation requires the filing of a public organic

record. The term does not include a limited liability partnership.

     (13) "Foreign", with respect to an entity, means an entity governed as to its internal affairs

by the law of a jurisdiction other than this state.

     (14) "Governance interest" means a right under the organic law or organic rules of an

unincorporated entity, other than as a governor, agent, assignee, or proxy, to:

     (i) Receive or demand access to information concerning, or the books and records of, the

entity;

     (ii) Vote for or consent to the election of the governors of the entity; or

     (iii) Receive notice of or vote on or consent to an issue involving the internal affairs of the

entity.

     (15) "Governor" means:

     (i) A director of a business corporation or an officer of a business corporation that has no

board of directors;

     (ii) A director or trustee of a nonprofit corporation;

     (iii) A general partner of a general partnership;

     (iv) A general partner of a limited partnership;

     (v) A manager of a manager-managed limited liability company;

     (vi) A member of a member-managed limited liability company;

     (vii) A director of a general cooperative association;

     (viii) A director of a limited cooperative association;

     (ix) A manager of an unincorporated nonprofit association;

     (x) A trustee of a statutory trust, business trust, or common-law business trust; or

     (xi) Any other person under whose authority the powers of an entity are exercised and

under whose direction the activities and affairs of the entity are managed pursuant to the organic

law and organic rules of the entity.

     (16) "Interest" means:

     (i) A share in a business corporation;

     (ii) A membership in a nonprofit corporation;

     (iii) A partnership interest in a general partnership;

     (iv) A partnership interest in a limited partnership;

     (v) A membership interest in a limited liability company;

     (vi) A share in a general cooperative association;

     (vii) A member's interest in a limited cooperative association;

     (viii) A membership in an unincorporated nonprofit association;

     (ix) A beneficial interest in a statutory trust, business trust, or common-law business trust;

or

     (x) A governance interest or distributional interest in any other type of unincorporated

entity.

     (17) "Interest exchange" means a transaction authorized by subpart 3.

     (18) "Interest holder" means:

     (i) A shareholder of a business corporation;

     (ii) A member of a nonprofit corporation;

     (iii) A general partner of a general partnership;

     (iv) A general partner of a limited partnership;

     (v) A limited partner of a limited partnership;

     (vi) A member of a limited liability company;

     (vii) A shareholder of a general cooperative association;

     (viii) A member of a limited cooperative association;

     (ix) A member of an unincorporated nonprofit association;

     (x) A beneficiary or beneficial owner of a statutory trust, business trust, or common-law

business trust; or

     (xi) Any other direct holder of an interest.

     (19) "Interest holder liability" means:

     (i) Personal liability for a liability of an entity which is imposed on a person:

     (A) Solely by reason of the status of the person as an interest holder; or

     (B) By the organic rules of the entity which make one or more specified interest holders or

categories of interest holders liable in their capacity as interest holders for all or specified liabilities

of the entity; or

     (ii) An obligation of an interest holder under the organic rules of an entity to contribute to

the entity.

     (20) "Merger" means a transaction authorized by subpart 2.

     (21) "Merging entity" means an entity that is a party to a merger and exists immediately

before the merger becomes effective.

     (22) "Organic law" means the law of an entity's jurisdiction of formation governing the

internal affairs of the entity.

     (23) "Organic rules" means the public organic record and private organic rules of an entity.

     (24) "Plan" means a plan of merger, plan of interest exchange, plan of conversion, or plan

of domestication.

     (25) "Plan of conversion" means a plan under § 7-13.1-1142.

     (26) "Plan of domestication" means a plan under § 7-13.1-1152.

     (27) "Plan of interest exchange" means a plan under § 7-13.1-1132.

     (28) "Plan of merger" means a plan under § 7-13.1-1122.

     (29) "Private organic rules" means the rules, whether or not in a record, that govern the

internal affairs of an entity, are binding on all its interest holders, and are not part of its public

organic record, if any. The term includes:

     (i) The bylaws of a business corporation;

     (ii) The bylaws of a nonprofit corporation;

     (iii) The partnership agreement of a general partnership;

     (iv) The partnership agreement of a limited partnership;

     (v) The operating agreement of a limited liability company;

     (vi) The bylaws of a general cooperative association;

     (vii) The bylaws of a limited cooperative association;

     (viii) The governing principles of an unincorporated nonprofit association; and

     (ix) The trust instrument of a statutory trust or similar rules of a business trust or a common-

law business trust.

     (30) "Protected agreement" means:

     (i) A record evidencing indebtedness and any related agreement in effect on the effective

date of this chapter;

     (ii) An agreement that is binding on an entity on the effective date of this chapter;

     (iii) The organic rules of an entity in effect on the effective date of this chapter; or

     (iv) An agreement that is binding on any of the governors or interest holders of an entity

on the effective date of this chapter.

     (31) "Public organic record" means the record the filing of which by the secretary of state

is required to form an entity and any amendment to or restatement of that record. The term includes:

     (i) The articles of incorporation of a business corporation;

     (ii) The articles of incorporation of a nonprofit corporation;

     (iii) The certificate of limited partnership of a limited partnership;

     (iv) The certificate of organization of a limited liability company;

     (v) The articles of incorporation of a general cooperative association;

     (vi) The articles of organization of a limited cooperative association; and

     (vii) The certificate of trust of a statutory trust or similar record of a business trust.

     (32) "Registered foreign entity" means a foreign entity that is registered to do business in

this state pursuant to a record filed by the secretary of state.

     (33) "Statement of conversion" means a statement under § 7-13.1-1145.

     (34) "Statement of domestication" means a statement under § 7-13.1-1155.

     (35) "Statement of interest exchange" means a statement under § 7-13.1-1135.

     (36) "Statement of merger" means a statement under § 7-13.1-1125.

     (37) "Surviving entity" means the entity that continues in existence after or is created by a

merger.

     (38) "Type of entity" means a generic form of entity:

     (i) Recognized at common law; or

     (ii) Formed under an organic law, whether or not some entities formed under that organic

law are subject to provisions of that law that create different categories of the form of entity.


 

 

 

 

375)

Section

Added Chapter Numbers:

 

7-13.1-1102

121 and 122

 

 

7-13.1-1102. Relationship of part 11 to other laws.

     (a) This part 11 does not authorize an act prohibited by, and does not affect the application

or requirements of, law other than this part 11.

     (b) A transaction effected under this part 11 may not create or impair a right, duty, or

obligation of a person under the statutory law of this state relating to a change in control, takeover,

business combination, control-share acquisition, or similar transaction involving a domestic

merging, acquired, converting, or domesticating business corporation unless:

     (1) If the corporation does not survive the transaction, the transaction satisfies any

requirements of the law; or

     (2) If the corporation survives the transaction, the approval of the plan is by a vote of the

shareholders or directors which would be sufficient to create or impair the right, duty, or obligation

directly under the law.


 

 

 

 

376)

Section

Added Chapter Numbers:

 

7-13.1-1103

121 and 122

 

 

7-13.1-1103. Required notice or approval.

     (a) A domestic or foreign entity that is required to give notice to, or obtain the approval of,

a governmental agency or officer of this state to be a party to a merger must give the notice or

obtain the approval to be a party to an interest exchange, conversion, or domestication.

     (b) Property held for a charitable purpose under the law of this state by a domestic or

foreign entity immediately before a transaction under this part 11 becomes effective may not, as a

result of the transaction, be diverted from the objects for which it was donated, granted, devised,

or otherwise transferred unless, to the extent required by or pursuant to the law of this state

concerning cy pres or other law dealing with nondiversion of charitable assets, the entity obtains

an appropriate order of the superior court specifying the disposition of the property.

     (c) A bequest, devise, gift, grant, or promise contained in a will or other instrument of

donation, subscription, or conveyance which is made to a merging entity that is not the surviving

entity and which takes effect or remains payable after the merger inures to the surviving entity.

     (d) A trust obligation that would govern property if transferred to a nonsurviving entity

applies to property that is transferred to the surviving entity under this section.


 

 

 

377)

Section

Added Chapter Numbers:

 

7-13.1-1104

121 and 122

 

 

7-13.1-1104. Nonexclusivity.

     The fact that a transaction under this part 11 produces a certain result does not preclude the

same result from being accomplished in any other manner permitted by law other than this part 11.


 

 

 

 

378)

Section

Added Chapter Numbers:

 

7-13.1-1105

121 and 122

 

 

7-13.1-1105. Reference to external facts.

     A plan may refer to facts ascertainable outside the plan if the manner in which the facts

will operate upon the plan is specified in the plan. The facts may include the occurrence of an event

or a determination or action by a person, whether or not the event, determination, or action is within

the control of a party to the transaction.


 

 

 

 

379)

Section

Added Chapter Numbers:

 

7-13.1-1106

121 and 122

 

 

7-13.1-1106. Appraisal rights.

     An interest holder of a domestic merging, acquired, converting, or domesticating limited

partnership is entitled to contractual appraisal rights in connection with a transaction under this part

11 to the extent provided in:

     (1) The partnership agreement; or

     (2) The plan.


 

 

 

 

380)

Section

Added Chapter Numbers:

 

7-13.1-1107

121 and 122

 

 

7-13.1-1107. Excluded entities and transactions; other applicable law.

     (a) This part 11 may not be used to effect a transaction that is prohibited by law of this state

other than this chapter.

     (b) If law of this state other than this chapter applies to a transaction that is otherwise within

the scope of this part 11, the transaction is still subject to such other law.


 

 

 

 

381)

Section

Added Chapter Numbers:

 

7-13.1-SubPt.2

121 and 122

 

 

SUBPART 2-MERGER


 

 

 

382)

Section

Added Chapter Numbers:

 

7-13.1-1121

121 and 122

 

 

7-13.1-1121. Merger authorized.

     (a) By complying with this subpart:

     (1) One or more domestic limited partnerships may merge with one or more domestic or

foreign entities into a domestic or foreign surviving entity; and

     (2) Two (2) or more foreign entities may merge into a domestic limited partnership.

     (b) By complying with the provisions of this subpart applicable to foreign entities, a foreign

entity may be a party to a merger under this subpart or may be the surviving entity in such a merger

if the merger is authorized by the law of the foreign entity's jurisdiction of formation.


 

 

 

383)

Section

Added Chapter Numbers:

 

7-13.1-1122

121 and 122

 

 

7-13.1-1122. Plan of merger.

     (a) A domestic limited partnership may become a party to a merger under this subpart by

approving a plan of merger. The plan must be in a record and contain:

     (1) As to each merging entity, its name, jurisdiction of formation, and type of entity;

     (2) If the surviving entity is to be created in the merger, a statement to that effect and the

entity's name, jurisdiction of formation, and type of entity;

     (3) The manner of converting the interests in each party to the merger into interests,

securities, obligations, money, other property, rights to acquire interests or securities, or any

combination of the foregoing;

     (4) If the surviving entity exists before the merger, any proposed amendments to:

     (i) Its public organic record, if any; and

     (ii) Its private organic rules that are, or are proposed to be, in a record;

     (5) If the surviving entity is to be created in the merger:

     (i) Its proposed public organic record, if any; and

     (ii) The full text of its private organic rules that are proposed to be in a record;

     (6) The other terms and conditions of the merger; and

     (7) Any other provision required by the law of a merging entity's jurisdiction of formation

or the organic rules of a merging entity.

     (b) In addition to the requirements of subsection (a) of this section, a plan of merger may

contain any other provision not prohibited by law.


 

 

 

384)

Section

Added Chapter Numbers:

 

7-13.1-1123

121 and 122

 

 

7-13.1-1123. Approval of merger.

     (a) A plan of merger is not effective unless it has been approved:

     (1) By a domestic merging limited partnership, by all the partners of the partnership entitled

to vote on or consent to any matter; and

     (2) In a record, by each partner of a domestic merging limited partnership which will have

interest holder liability for debts, obligations, and other liabilities that are incurred after the merger

becomes effective, unless:

     (i) The partnership agreement of the partnership provides in a record for the approval of a

merger in which some or all of its partners become subject to interest holder liability by the

affirmative vote or consent of fewer than all the partners; and

     (ii) The partner consented in a record to or voted for that provision of the partnership

agreement or became a partner after the adoption of that provision.

     (b) A merger involving a domestic merging entity that is not a limited partnership is not

effective unless the merger is approved by that entity in accordance with its organic law.

     (c) A merger involving a foreign merging entity is not effective unless the merger is

approved by the foreign entity in accordance with the law of the foreign entity's jurisdiction of

formation.


 

 

 

 

385)

Section

Added Chapter Numbers:

 

7-13.1-1124

121 and 122

 

 

7-13.1-1124. Amendment or abandonment of plan of merger.

     (a) A plan of merger may be amended only with the consent of each party to the plan,

except as otherwise provided in the plan.

     (b) A domestic merging limited partnership may approve an amendment of a plan of

merger:

     (1) In the same manner as the plan was approved, if the plan does not provide for the

manner in which it may be amended; or

     (2) By its partners in the manner provided in the plan, but a partner that was entitled to vote

on or consent to approval of the merger is entitled to vote on or consent to any amendment of the

plan that will change:

     (i) The amount or kind of interests, securities, obligations, money, other property, rights to

acquire interests or securities, or any combination of the foregoing, to be received by the interest

holders of any party to the plan;

     (ii) The public organic record, if any, or private organic rules of the surviving entity that

will be in effect immediately after the merger becomes effective, except for changes that do not

require approval of the interest holders of the surviving entity under its organic law or organic rules;

or

     (iii) Any other terms or conditions of the plan, if the change would adversely affect the

partner in any material respect.

     (c) After a plan of merger has been approved and before a statement of merger becomes

effective, the plan may be abandoned as provided in the plan. Unless prohibited by the plan, a

domestic merging limited partnership may abandon the plan in the same manner as the plan was

approved.

     (d) If a plan of merger is abandoned after a statement of merger has been delivered to the

secretary of state for filing and before the statement becomes effective, a statement of

abandonment, signed by a party to the plan, must be delivered to the secretary of state for filing

before the statement of merger becomes effective. The statement of abandonment takes effect on

filing, and the merger is abandoned and does not become effective. The statement of abandonment

must contain:

     (1) The name of each party to the plan of merger;

     (2) The date on which the statement of merger was filed by the secretary of state; and

     (3) A statement that the merger has been abandoned in accordance with this section.


 

 

 

 

386)

Section

Added Chapter Numbers:

 

7-13.1-1125

121 and 122

 

 

7-13.1-1125. Articles of merger -- Effective date of merger.

     (a) Articles of merger must be signed by each merging entity and delivered to the secretary

of state for filing.

     (b) Articles of merger must contain:

     (1) The name, jurisdiction of formation, and type of entity of each merging entity that is

not the surviving entity;

     (2) The name, jurisdiction of formation, and type of entity of the surviving entity;

     (3) A statement that the merger was approved by each domestic merging entity, if any, in

accordance with this subpart and by each foreign merging entity, if any, in accordance with the law

of its jurisdiction of formation;

     (4) If the surviving entity exists before the merger and is a domestic filing entity, any

amendment to its public organic record approved as part of the plan of merger;

     (5) If the surviving entity is created by the merger and is a domestic filing entity, its public

organic record, as an attachment; and

     (6) If the surviving entity is created by the merger and is a domestic limited liability

partnership, its statement of qualification, as an attachment.

     (c) In addition to the requirements of subsection (b) of this section, a statement of merger

may contain any other provision not prohibited by law.

     (d) If the surviving entity is a domestic entity, its public organic record, if any, must satisfy

the requirements of the law of this state, except that the public organic record does not need to be

signed.

     (e) If the surviving or resulting entity is not a domestic limited partnership or another filing

entity of record in the office of the secretary of state, a statement that the surviving or resulting

other entity agrees that it may be served with process in Rhode Island in any action, suit or

proceeding for the enforcement of any obligation of any domestic limited partnership that is to

merge, irrevocably appointing the secretary of state as its agent to accept service of process in the

action, suit or proceeding and specifying the address to which a copy of the process is to be mailed

to it by the secretary of state. In the event of service under this section on the secretary of state, the

procedures set forth in § 7-13.1-121 are applicable, except that the plaintiff in any action, suit or

proceeding shall furnish the secretary of state with the address specified in the articles of merger

provided for in this section and any other address that the plaintiff elects to furnish, together with

copies of the process as required by the secretary of state, and the secretary of state shall notify the

surviving or resulting other business entity at all addresses furnished by the plaintiff in accordance

with the procedures set forth in § 7-13.1-121.

     (f) A statement that the merging entity certifies that it has no outstanding tax obligations.

As required by §§ 7-13.1-213, 7-16-67 and 44-11-26.1, the merging entity has paid all fees and

taxes.

     (g) If the surviving entity is a domestic limited partnership, the merger becomes effective

when the articles of merger is are effective. In all other cases, the merger becomes effective on the

later of:

     (1) The date and time provided by the organic law of the surviving entity; and

     (2) When the articles of merger is effective.


 

 

 

387)

Section

Added Chapter Numbers:

 

7-13.1-1126

121 and 122

 

 

7-13.1-1126. Effect of merger.

     (a) When a merger becomes effective:

     (1) The surviving entity continues or comes into existence;

     (2) Each merging entity that is not the surviving entity ceases to exist;

     (3) All property of each merging entity vests in the surviving entity without transfer,

reversion, or impairment;

     (4) All debts, obligations, and other liabilities of each merging entity are debts, obligations,

and other liabilities of the surviving entity;

     (5) Except as otherwise provided by law or the plan of merger, all the rights, privileges,

immunities, powers, and purposes of each merging entity vest in the surviving entity;

     (6) If the surviving entity exists before the merger:

     (i) All its property continues to be vested in it without transfer, reversion, or impairment;

     (ii) It remains subject to all its debts, obligations, and other liabilities; and

     (iii) All its rights, privileges, immunities, powers, and purposes continue to be vested in it;

     (7) The name of the surviving entity may be substituted for the name of any merging entity

that is a party to any pending action or proceeding;

     (8) If the surviving entity exists before the merger:

     (i) Its public organic record, if any, is amended to the extent provided in the statement of

merger; and

     (ii) Its private organic rules that are to be in a record, if any, are amended to the extent

provided in the plan of merger;

     (9) If the surviving entity is created by the merger, its private organic rules become

effective and:

     (i) If it is a filing entity, its public organic record becomes effective; and

     (ii) If it is a limited liability partnership, its statement of qualification becomes effective;

and

     (10) The interests in each merging entity which are to be converted in the merger are

converted, and the interest holders of those interests are entitled only to the rights provided to them

under the plan of merger and to any appraisal rights they have under § 7-13.1-1106 and the merging

entity's organic law.

     (b) Except as otherwise provided in the organic law or organic rules of a merging entity,

the merger does not give rise to any rights that an interest holder, governor, or third party would

have upon a dissolution, liquidation, or winding up of the merging entity.

     (c) When a merger becomes effective, a person that did not have interest holder liability

with respect to any of the merging entities and becomes subject to interest holder liability with

respect to a domestic entity as a result of the merger has interest holder liability only to the extent

provided by the organic law of that entity and only for those debts, obligations, and other liabilities

that are incurred after the merger becomes effective.

     (d) When a merger becomes effective, the interest holder liability of a person that ceases

to hold an interest in a domestic merging limited partnership with respect to which the person had

interest holder liability is subject to the following rules:

     (1) The merger does not discharge any interest holder liability under this chapter to the

extent the interest holder liability was incurred before the merger became effective.

     (2) The person does not have interest holder liability under this chapter for any debt,

obligation, or other liability that is incurred after the merger becomes effective.

     (3) This chapter continues to apply to the release, collection, or discharge of any interest

holder liability preserved under subsection (d)(1) of this section as if the merger had not occurred.

     (4) The person has whatever rights of contribution from any other person as are provided

by this chapter, law other than this chapter, or the partnership agreement of the domestic merging

limited partnership with respect to any interest holder liability preserved under subsection (d)(1) of

this section as if the merger had not occurred.

     (e) When a merger becomes effective, a foreign entity that is the surviving entity may be

served with process in this state for the collection and enforcement of any debts, obligations, or

other liabilities of a domestic merging limited partnership as provided in § 7-13.1-121.

     (f) When a merger becomes effective, the registration to do business in this state of any

foreign merging entity that is not the surviving entity is canceled.


 

 

 

 

388)

Section

Added Chapter Numbers:

 

7-13.1-SubPt.3

121 and 122

 

 

SUBPART 3-INTEREST EXCHANGE


 

 

 

389)

Section

Added Chapter Numbers:

 

7-13.1-1131

121 and 122

 

 

7-13.1-1131. Interest exchange authorized.

     (a) By complying with this subpart:

     (1) A domestic limited partnership may acquire all of one or more classes or series of

interests of another domestic entity or a foreign entity in exchange for interests, securities,

obligations, money, other property, rights to acquire interests or securities, or any combination of

the foregoing; or

     (2) All of one or more classes or series of interests of a domestic limited partnership may

be acquired by another domestic entity or a foreign entity in exchange for interests, securities,

obligations, money, other property, rights to acquire interests or securities, or any combination of

the foregoing.

     (b) By complying with the provisions of this subpart applicable to foreign entities, a foreign

entity may be the acquiring or acquired entity in an interest exchange under this subpart if the

interest exchange is authorized by the law of the foreign entity's jurisdiction of formation.

     (c) If a protected agreement contains a provision that applies to a merger of a domestic

limited partnership but does not refer to an interest exchange, the provision applies to an interest

exchange in which the domestic limited partnership is the acquired entity as if the interest exchange

were a merger until the provision is amended after the effective date of this chapter.


 

 

390)

Section

Added Chapter Numbers:

 

7-13.1-1132

121 and 122

 

 

7-13.1-1132. Plan of interest exchange.

     (a) A domestic limited partnership may be the acquired entity in an interest exchange under

this subpart by approving a plan of interest exchange. The plan must be in a record and contain:

     (1) The name of the acquired entity;

     (2) The name, jurisdiction of formation, and type of entity of the acquiring entity;

     (3) The manner of converting the interests in the acquired entity into interests, securities,

obligations, money, other property, rights to acquire interests or securities, or any combination of

the foregoing;

     (4) Any proposed amendments to:

     (i) The certificate of limited partnership of the acquired entity; and

     (ii) The partnership agreement of the acquired entity that are, or are proposed to be, in a

record;

     (5) The other terms and conditions of the interest exchange; and

     (6) Any other provision required by the law of this state or the partnership agreement of

the acquired entity.

     (b) In addition to the requirements of subsection (a) of this section, a plan of interest

exchange may contain any other provision not prohibited by law.


 

 

 

 

391)

Section

Added Chapter Numbers:

 

7-13.1-1133

121 and 122

 

 

7-13.1-1133. Approval of interest exchange.

     (a) A plan of interest exchange is not effective unless it has been approved:

     (1) By all the partners of a domestic acquired limited partnership entitled to vote on or

consent to any matter; and

     (2) In a record, by each partner of the domestic acquired limited partnership that will have

interest holder liability for debts, obligations, and other liabilities that are incurred after the interest

exchange becomes effective, unless:

     (i) The partnership agreement of the partnership provides in a record for the approval of an

interest exchange or a merger in which some or all its partners become subject to interest holder

liability by the affirmative vote or consent of fewer than all of the partners; and

     (ii) The partner consented in a record to or voted for that provision of the partnership

agreement or became a partner after the adoption of that provision.

     (b) An interest exchange involving a domestic acquired entity that is not a limited

partnership is not effective unless it is approved by the domestic entity in accordance with its

organic law.

     (c) An interest exchange involving a foreign acquired entity is not effective unless it is

approved by the foreign entity in accordance with the law of the foreign entity's jurisdiction of

formation.

     (d) Except as otherwise provided in its organic law or organic rules, the interest holders of

the acquiring entity are not required to approve the interest exchange.


 

 

 

392)

Section

Added Chapter Numbers:

 

7-13.1-1134

121 and 122

 

 

7-13.1-1134. Amendment or abandonment of plan of interest exchange.

     (a) A plan of interest exchange may be amended only with the consent of each party to the

plan, except as otherwise provided in the plan.

     (b) A domestic acquired limited partnership may approve an amendment of a plan of

interest exchange:

     (1) In the same manner as the plan was approved, if the plan does not provide for the

manner in which it may be amended; or

     (2) By its partners in the manner provided in the plan, but a partner that was entitled to vote

on or consent to approval of the interest exchange is entitled to vote on or consent to any amendment

of the plan that will change:

     (i) The amount or kind of interests, securities, obligations, money, other property, rights to

acquire interests or securities, or any combination of the foregoing, to be received by any of the

partners of the acquired partnership under the plan;

     (ii) The certificate of limited partnership or partnership agreement of the acquired

partnership that will be in effect immediately after the interest exchange becomes effective, except

for changes that do not require approval of the partners of the acquired partnership under this

chapter or the partnership agreement; or

     (iii) Any other terms or conditions of the plan, if the change would adversely affect the

partner in any material respect.

     (c) After a plan of interest exchange has been approved and before a statement of interest

exchange becomes effective, the plan may be abandoned as provided in the plan. Unless prohibited

by the plan, a domestic acquired limited partnership may abandon the plan in the same manner as

the plan was approved.

     (d) If a plan of interest exchange is abandoned after a statement of interest exchange has

been delivered to the secretary of state for filing and before the statement becomes effective, a

statement of abandonment, signed by the acquired limited partnership, must be delivered to the

secretary of state for filing before the statement of interest exchange becomes effective. The

statement of abandonment takes effect on filing, and the interest exchange is abandoned and does

not become effective. The statement of abandonment must contain:

     (1) The name of the acquired partnership;

     (2) The date on which the statement of interest exchange was filed by the secretary of state;

and

     (3) A statement that the interest exchange has been abandoned in accordance with this

section.


 

 

 

393)

Section

Added Chapter Numbers:

 

7-13.1-1135

121 and 122

 

 

7-13.1-1135. Statement of interest exchange -- Effective date of interest exchange.

     (a) A statement of interest exchange must be signed by a domestic acquired limited

partnership and delivered to the secretary of state for filing.

     (b) A statement of interest exchange must contain:

     (1) The name of the acquired limited partnership;

     (2) The name, jurisdiction of formation, and type of entity of the acquiring entity;

     (3) A statement that the plan of interest exchange was approved by the acquired limited

partnership in accordance with this subpart; and

     (4) Any amendments to the acquired limited partnership's certificate of limited partnership

approved as part of the plan of interest exchange.

     (c) In addition to the requirements of subsection (b) of this section, a statement of interest

exchange may contain any other provision not prohibited by law.

     (d) An interest exchange becomes effective when the statement of interest exchange is

effective.


 

 

 

 

394)

Section

Added Chapter Numbers:

 

7-13.1-1136

121 and 122

 

 

7-13.1-1136. Effect of interest exchange.

     (a) When an interest exchange in which the acquired entity is a domestic limited

partnership becomes effective:

     (1) The interests in the acquired partnership which are the subject of the interest exchange

are converted, and the partners holding those interests are entitled only to the rights provided to

them under the plan of interest exchange and to any appraisal rights they have under § 7-13.1-1106;

     (2) The acquiring entity becomes the interest holder of the interests in the acquired

partnership stated in the plan of interest exchange to be acquired by the acquiring entity;

     (3) The certificate of limited partnership of the acquired partnership is amended to the

extent provided in the statement of interest exchange; and

     (4) The provisions of the partnership agreement of the acquired partnership that are to be

in a record, if any, are amended to the extent provided in the plan of interest exchange.

     (b) Except as otherwise provided in the certificate of limited partnership or partnership

agreement of a domestic acquired limited partnership, the interest exchange does not give rise to

any rights that a partner or third party would have upon a dissolution, liquidation, or winding up of

the acquired partnership.

     (c) When an interest exchange becomes effective, a person that did not have interest holder

liability with respect to a domestic acquired limited partnership and becomes subject to interest

holder liability with respect to a domestic entity as a result of the interest exchange has interest

holder liability only to the extent provided by the organic law of the entity and only for those debts,

obligations, and other liabilities that are incurred after the interest exchange becomes effective.

     (d) When an interest exchange becomes effective, the interest holder liability of a person

that ceases to hold an interest in a domestic acquired limited partnership with respect to which the

person had interest holder liability is subject to the following rules:

     (1) The interest exchange does not discharge any interest holder liability under this chapter

to the extent the interest holder liability was incurred before the interest exchange became effective.

     (2) The person does not have interest holder liability under this chapter for any debt,

obligation, or other liability that is incurred after the interest exchange becomes effective.

     (3) This chapter continues to apply to the release, collection, or discharge of any interest

holder liability preserved under subsection (d)(1) of this section as if the interest exchange had not

occurred.

     (4) The person has whatever rights of contribution from any other person as are provided

by this chapter, law other than this chapter, or the partnership agreement of the domestic acquired

partnership with respect to any interest holder liability preserved under subsection (d)(1) of this

section as if the interest exchange had not occurred.


 

 

 

395)

Section

Added Chapter Numbers:

 

7-13.1-SubPt. 4

121 and 122

 

 

SUBPART 4-CONVERSION


 

 

 

 

 

396)

Section

Added Chapter Numbers:

 

7-13.1-1141

121 and 122

 

 

7-13.1-1141. Conversion authorized.

     (a) By complying with this subpart, a domestic limited partnership may become:

     (1) A domestic entity that is a different type of entity; or

     (2) A foreign entity that is a different type of entity, if the conversion is authorized by the

law of the foreign entity's jurisdiction of formation.

     (b) By complying with the provisions of this subpart applicable to foreign entities, a foreign

entity that is not a foreign limited partnership may become a domestic limited partnership if the

conversion is authorized by the law of the foreign entity's jurisdiction of formation.

     (c) If a protected agreement contains a provision that applies to a merger of a domestic

limited partnership but does not refer to a conversion, the provision applies to a conversion of the

partnership as if the conversion were a merger until the provision is amended after the effective

date of this chapter.


 

 

 

397)

Section

Added Chapter Numbers:

 

7-13.1-1142

121 and 122

 

 

7-13.1-1142. Plan of conversion.

     (a) A domestic limited partnership may convert to a different type of entity under this

subpart by approving a plan of conversion. The plan must be in a record and contain:

     (1) The name of the converting limited partnership;

     (2) The name, jurisdiction of formation, and type of entity of the converted entity;

     (3) The manner of converting the interests in the converting limited partnership into

interests, securities, obligations, money, other property, rights to acquire interests or securities, or

any combination of the foregoing;

     (4) The proposed public organic record of the converted entity if it will be a filing entity;

     (5) The full text of the private organic rules of the converted entity which are proposed to

be in a record;

     (6) The other terms and conditions of the conversion; and

     (7) Any other provision required by the law of this state or the partnership agreement of

the converting limited partnership.

     (b) In addition to the requirements of subsection (a) of this section, a plan of conversion

may contain any other provision not prohibited by law.


 

 

 

398)

Section

Amended Chapter Numbers:

 

7-13.1-1143

121 and 122

 

 

7-13.1-1143. Approval of conversion.

     (a) A plan of conversion is not effective unless it has been approved:

     (1) By a domestic converting limited partnership, by all the partners of the limited

partnership entitled to vote on or consent to any matter; and

     (2) In a record, by each partner of a domestic converting limited partnership which will

have interest holder liability for debts, obligations, and other liabilities that are incurred after the

conversion becomes effective, unless:

     (i) The partnership agreement of the partnership provides in a record for the approval of a

conversion or a merger in which some or all of its partners become subject to interest holder liability

by the affirmative vote or consent of fewer than all the partners; and

     (ii) The partner voted for or consented in a record to that provision of the partnership

agreement or became a partner after the adoption of that provision.

     (b) A conversion involving a domestic converting entity that is not a limited partnership is

not effective unless it is approved by the domestic converting entity in accordance with its organic

law.

     (c) A conversion of a foreign converting entity is not effective unless it is approved by the

foreign entity in accordance with the law of the foreign entity's jurisdiction of formation.


 

 

 

399)

Section

Added Chapter Numbers:

 

7-13.1-1144

121 and 122

 

 

7-13.1-1144. Amendment or abandonment of plan of conversion.

     (a) A plan of conversion of a domestic converting limited partnership may be amended:

     (1) In the same manner as the plan was approved, if the plan does not provide for the

manner in which it may be amended; or

     (2) By its partners in the manner provided in the plan, but a partner that was entitled to vote

on or consent to approval of the conversion is entitled to vote on or consent to any amendment of

the plan that will change:

     (i) The amount or kind of interests, securities, obligations, money, other property, rights to

acquire interests or securities, or any combination of the foregoing, to be received by any of the

partners of the converting partnership under the plan;

     (ii) The public organic record, if any, or private organic rules of the converted entity which

will be in effect immediately after the conversion becomes effective, except for changes that do not

require approval of the interest holders of the converted entity under its organic law or organic

rules; or

     (iii) Any other terms or conditions of the plan, if the change would adversely affect the

partner in any material respect.

     (b) After a plan of conversion has been approved by a domestic converting limited

partnership and before a statement of conversion becomes effective, the plan may be abandoned as

provided in the plan. Unless prohibited by the plan, a domestic converting limited partnership may

abandon the plan in the same manner as the plan was approved.

     (c) If a plan of conversion is abandoned after a statement of conversion has been delivered

to the secretary of state for filing and before the statement becomes effective, a statement of

abandonment, signed by the converting entity, must be delivered to the secretary of state for filing

before the statement of conversion becomes effective. The statement of abandonment takes effect

on filing, and the conversion is abandoned and does not become effective. The statement of

abandonment must contain:

     (1) The name of the converting limited partnership;

     (2) The date on which the statement of conversion was filed by the secretary of state; and

     (3) A statement that the conversion has been abandoned in accordance with this section.


 

 

 

 

400)

Section

Added Chapter Numbers:

 

7-13.1-1145

121 and 122

 

 

7-13.1-1145. Statement of conversion -- Effective date of conversion.

     (a) A statement of conversion must be signed by the converting entity and delivered to the

secretary of state for filing.

     (b) A statement of conversion must contain:

     (1) The name, jurisdiction of formation, and type of entity of the converting entity;

     (2) The name, jurisdiction of formation, and type of entity of the converted entity;

     (3) If the converting entity is a domestic limited partnership, a statement that the plan of

conversion was approved in accordance with this subpart or, if the converting entity is a foreign

entity, a statement that the conversion was approved by the foreign entity in accordance with the

law of its jurisdiction of formation;

     (4) If the converted entity is a domestic filing entity, its public organic record, as an

attachment; and

     (5) If the converted entity is a domestic limited liability partnership, its statement of

qualification, as an attachment.

     (c) In addition to the requirements of subsection (b) of this section, a statement of

conversion may contain any other provision not prohibited by law.

     (d) If the converted entity is a domestic entity, its public organic record, if any, must satisfy

the requirements of the law of this state, except that the public organic record does not need to be

signed.

     (e) If the converted entity is a domestic limited partnership, the conversion becomes

effective when the statement of conversion is effective. In all other cases, the conversion becomes

effective on the later of:

     (1) The date and time provided by the organic law of the converted entity; and

     (2) When the statement is effective.


 

 

 

401)

Section

Added Chapter Numbers:

 

7-13.1-1146

121 and 122

 

 

7-13.1-1146. Effect of conversion.

     (a) When a conversion becomes effective:

     (1) The converted entity is:

     (i) Organized under and thereafter subject to the organic law of the converted entity; and

     (ii) The same entity without interruption as the converting entity;

     (2) All property of the converting entity continues to be vested in the converted entity

without transfer, reversion, or impairment;

     (3) All debts, obligations, and other liabilities of the converting entity continue as debts,

obligations, and other liabilities of the converted entity;

     (4) Except as otherwise provided by law or the plan of conversion, all the rights, privileges,

immunities, powers, and purposes of the converting entity remain in the converted entity;

     (5) The name of the converted entity may be substituted for the name of the converting

entity in any pending action or proceeding;

     (6) The certificate of limited partnership of the converted entity becomes effective;

     (7) The provisions of the partnership agreement of the converted entity which are to be in

a record, if any, approved as part of the plan of conversion become effective; and

     (8) The interests in the converting entity are converted, and the interest holders of the

converting entity are entitled only to the rights provided to them under the plan of conversion and

to any appraisal rights they have under § 7-13.1-1106.

     (b) Except as otherwise provided in the partnership agreement of a domestic converting

limited partnership, the conversion does not give rise to any rights that a partner or third party

would have upon a dissolution, liquidation, or winding up of the converting entity.

     (c) When a conversion becomes effective, a person that did not have interest holder liability

with respect to the converting entity and becomes subject to interest holder liability with respect to

a domestic entity as a result of the conversion has interest holder liability only to the extent provided

by the organic law of the entity and only for those debts, obligations, and other liabilities that are

incurred after the conversion becomes effective.

     (d) When a conversion becomes effective, the interest holder liability of a person that

ceases to hold an interest in a domestic converting limited partnership with respect to which the

person had interest holder liability is subject to the following rules:

     (1) The conversion does not discharge any interest holder liability under this chapter to the

extent the interest holder liability was incurred before the conversion became effective.

     (2) The person does not have interest holder liability under this chapter for any debt,

obligation, or other liability that is incurred after the conversion becomes effective.

     (3) This chapter continues to apply to the release, collection, or discharge of any interest

holder liability preserved under subsection (d)(1) of this section as if the conversion had not

occurred.

     (4) The person has whatever rights of contribution from any other person as are provided

by this chapter, law other than this chapter, or the organic rules of the converting entity with respect

to any interest holder liability preserved under subsection (d)(1) of this section as if the conversion

had not occurred.

     (e) When a conversion becomes effective, a foreign entity that is the converted entity may

be served with process in this state for the collection and enforcement of any of its debts,

obligations, and other liabilities as provided in § 7-13.1-121.

     (f) If the converting entity is a registered foreign entity, its registration to do business in

this state is canceled when the conversion becomes effective.

     (g) A conversion does not require the entity to wind up its affairs and does not constitute

or cause the dissolution of the entity.


 

 

 

 

402)

Section

Added Chapter Numbers:

 

7-13.1-SubPt.5

121 and 122

 

 

SUBPART 5-DOMESTICATION


 

 

 

403)

Section

Added Chapter Numbers:

 

7-13.1-1151

121 and 122

 

 

7-13.1-1151. Domestication authorized.

     (a) By complying with this subpart, a domestic limited partnership may become a foreign

limited partnership if the domestication is authorized by the law of the foreign jurisdiction.

     (b) By complying with the provisions of this subpart applicable to foreign limited

partnerships, a foreign limited partnership may become a domestic limited partnership if the

domestication is authorized by the law of the foreign limited partnership's jurisdiction of formation.

     (c) If a protected agreement contains a provision that applies to a merger of a domestic

limited partnership but does not refer to a domestication, the provision applies to a domestication

of the limited partnership as if the domestication were a merger until the provision is amended after

the effective date of this chapter.


 

 

 

 

 

404)

Section

Added Chapter Numbers:

 

7-13.1-1152

121 and 122

 

 

7-13.1-1152. Plan of domestication.

     (a) A domestic limited partnership may become a foreign limited partnership in a

domestication by approving a plan of domestication. The plan must be in a record and contain:

     (1) The name of the domesticating limited partnership;

     (2) The name and jurisdiction of formation of the domesticated limited partnership;

     (3) The manner of converting the interests in the domesticating limited partnership into

interests, securities, obligations, money, other property, rights to acquire interests or securities, or

any combination of the foregoing;

     (4) The proposed certificate of limited partnership of the domesticated limited partnership;

     (5) The full text of the provisions of the partnership agreement of the domesticated limited

partnership, that are proposed to be in a record;

     (6) The other terms and conditions of the domestication; and

     (7) Any other provision required by the law of this state or the partnership agreement of

the domesticating limited partnership.

     (b) In addition to the requirements of subsection (a) of this section, a plan of domestication

may contain any other provision not prohibited by law.


 

 

 

 

405)

Section

Added Chapter Numbers:

 

7-13.1-1153

121 and 122

 

 

7-13.1-1153. Approval of domestication.

     (a) A plan of domestication of a domestic domesticating limited partnership is not effective

unless it has been approved:

     (1) By all the partners entitled to vote on or consent to any matter; and

     (2) In a record, by each partner that will have interest holder liability for debts, obligations,

and other liabilities that are incurred after the domestication becomes effective, unless:

     (i) The partnership agreement of the domesticating partnership in a record provides for the

approval of a domestication or merger in which some or all of its partners become subject to interest

holder liability by the affirmative vote or consent of fewer than all the partners; and

     (ii) The partner voted for or consented in a record to that provision of the partnership

agreement or became a partner after the adoption of that provision.

     (b) A domestication of a foreign domesticating limited partnership is not effective unless

it is approved in accordance with the law of the foreign limited partnership's jurisdiction of

formation.


 

 

 

406)

Section

Added Chapter Numbers:

 

7-13.1-1154

121 and 122

 

 

7-13.1-1154. Amendment or abandonment of plan of domestication.

     (a) A plan of domestication of a domestic domesticating limited partnership may be

amended:

     (1) In the same manner as the plan was approved, if the plan does not provide for the

manner in which it may be amended; or

     (2) By its partners in the manner provided in the plan, but a partner that was entitled to vote

on or consent to approval of the domestication is entitled to vote on or consent to any amendment

of the plan that will change:

     (i) The amount or kind of interests, securities, obligations, money, other property, rights to

acquire interests or securities, or any combination of the foregoing, to be received by any of the

partners of the domesticating limited partnership under the plan;

     (ii) The certificate of limited partnership or partnership agreement of the domesticated

limited partnership that will be in effect immediately after the domestication becomes effective,

except for changes that do not require approval of the partners of the domesticated limited

partnership under its organic law or partnership agreement; or

     (iii) Any other terms or conditions of the plan, if the change would adversely affect the

partner in any material respect.

     (b) After a plan of domestication has been approved by a domestic domesticating limited

partnership and before a statement of domestication becomes effective, the plan may be abandoned

as provided in the plan. Unless prohibited by the plan, a domestic domesticating limited partnership

may abandon the plan in the same manner as the plan was approved.

     (c) If a plan of domestication is abandoned after a statement of domestication has been

delivered to the secretary of state for filing and before the statement becomes effective, a statement

of abandonment, signed by the domesticating limited partnership, must be delivered to the secretary

of state for filing before the statement of domestication becomes effective. The statement of

abandonment takes effect on filing, and the domestication is abandoned and does not become

effective. The statement of abandonment must contain:

     (1) The name of the domesticating limited partnership;

     (2) The date on which the statement of domestication was filed by the secretary of state;

and

     (3) A statement that the domestication has been abandoned in accordance with this section.


 

 

 

407)

Section

Added Chapter Numbers:

 

7-13.1-1155

121 and 122

 

 

7-13.1-1155. Statement of domestication -- Effective date of domestication.

     (a) A statement of domestication must be signed by the domesticating limited partnership

and delivered to the secretary of state for filing.

     (b) A statement of domestication must contain:

     (1) The name and jurisdiction of formation of the domesticating limited partnership;

     (2) The name and jurisdiction of formation of the domesticated limited partnership;

     (3) If the domesticating limited partnership is a domestic limited partnership, a statement

that the plan of domestication was approved in accordance with this subpart or, if the domesticating

limited partnership is a foreign limited partnership, a statement that the domestication was approved

in accordance with the law of its jurisdiction of formation; and

     (4) The certificate of limited partnership of the domesticated limited partnership, as an

attachment.

     (c) In addition to the requirements of subsection (b) of this section, a statement of

domestication may contain any other provision not prohibited by law.

     (d) The certificate of limited partnership of a domesticated domestic limited partnership

must satisfy the requirements of this chapter, but the certificate does not need to be signed.

     (e) If the domesticated entity is a domestic limited partnership, the domestication becomes

effective when the statement of domestication is effective. If the domesticated entity is a foreign

limited partnership, the domestication becomes effective on the later of:

     (1) The date and time provided by the organic law of the domesticated entity; and

     (2) When the statement is effective.


 

 

 

 

 

408)

Section

Added Chapter Numbers:

 

7-13.1-1156

121 and 122

 

 

7-13.1-1156. Effect of domestication.

     (a) When a domestication becomes effective:

     (1) The domesticated entity is:

     (i) Organized under and thereafter subject to the organic law of the domesticated entity;

and

     (ii) The same entity without interruption as the domesticating entity;

     (2) All property of the domesticating entity continues to be vested in the domesticated

entity without transfer, reversion, or impairment;

     (3) All debts, obligations, and other liabilities of the domesticating entity continue as debts,

obligations, and other liabilities of the domesticated entity;

     (4) Except as otherwise provided by law or the plan of domestication, all the rights,

privileges, immunities, powers, and purposes of the domesticating entity remain in the

domesticated entity;

     (5) The name of the domesticated entity may be substituted for the name of the

domesticating entity in any pending action or proceeding;

     (6) The certificate of limited partnership of the domesticated entity becomes effective;

     (7) The provisions of the partnership agreement of the domesticated entity that are to be in

a record, if any, approved as part of the plan of domestication become effective; and

     (8) The interests in the domesticating entity are converted to the extent and as approved in

connection with the domestication, and the partners of the domesticating entity are entitled only to

the rights provided to them under the plan of domestication and to any appraisal rights they have

under § 7-13.1-1116.

     (b) Except as otherwise provided in the organic law or partnership agreement of the

domesticating limited partnership, the domestication does not give rise to any rights that a partner

or third party would have upon a dissolution, liquidation, or winding up of the domesticating

partnership.

     (c) When a domestication becomes effective, a person that did not have interest holder

liability with respect to the domesticating limited partnership and becomes subject to interest holder

liability with respect to a domestic limited partnership as a result of the domestication has interest

holder liability only to the extent provided by this chapter and only for those debts, obligations, and

other liabilities that are incurred after the domestication becomes effective.

     (d) When a domestication becomes effective, the interest holder liability of a person that

ceases to hold an interest in a domestic domesticating limited partnership with respect to which the

person had interest holder liability is subject to the following rules:

     (1) The domestication does not discharge any interest holder liability under this chapter to

the extent the interest holder liability was incurred before the domestication became effective.

     (2) A person does not have interest holder liability under this chapter for any debt,

obligation, or other liability that is incurred after the domestication becomes effective.

     (3) This chapter continues to apply to the release, collection, or discharge of any interest

holder liability preserved under subsection (d)(1) of this section as if the domestication had not

occurred.

     (4) A person has whatever rights of contribution from any other person as are provided by

this chapter, law other than this chapter, or the partnership agreement of the domestic domesticating

limited partnership with respect to any interest holder liability preserved under subsection (d)(1) of

this section as if the domestication had not occurred.

     (e) When a domestication becomes effective, a foreign limited partnership that is the

domesticated partnership may be served with process in this state for the collection and

enforcement of any of its debts, obligations, and other liabilities as provided in § 7-13.1-121.

     (f) If the domesticating limited partnership is a registered foreign entity, the registration of

the partnership is canceled when the domestication becomes effective.

     (g) A domestication does not require a domestic domesticating limited partnership to wind

up its affairs and does not constitute or cause the dissolution of the partnership.


 

 

 

 

409)

Section

Added Chapter Numbers:

 

7-13.1-Pt.12

121 and 122

 

 

PART 12-MISCELLANEOUS PROVISIONS


 

 

 

 

410)

Section

Added Chapter Numbers:

 

7-13.1-1201

121 and 122

 

 

7-13.1-1201.Uniformity of application and construction.

     In applying and construing this uniform act, consideration must be given to the need to

promote uniformity of the law with respect to its subject matter among states that enact it.


 

 

 

 

411)

Section

Added Chapter Numbers:

 

7-13.1-1202

121 and 122

 

 

7-13.1-1202. Relation to electronic signatures in global and national commerce act

Electronic Signatures in Global and National Commerce Act.

     This chapter modifies, limits, and supersedes the Electronic Signatures in Global and

National Commerce Act, 15 U.S.C. Section § 7001 et seq., but does not modify, limit, or supersede

Section 101(c) of that act, 15 U.S.C. Section § 7001(c), or authorize electronic delivery of any of

the notices described in Section 103(b) of that act, 15 U.S.C. Section § 7003(b).


 

 

 

412)

Section

Added Chapter Numbers:

 

7-13.1-1203

121 and 122

 

 

7-13.1-1203. Savings clause.

     This chapter does not affect an action commenced, proceeding brought, or right accrued

before the effective date of this chapter.


 

 

 

 

413)

Section

Added Chapter Numbers:

 

7-13.1-1204

121 and 122

 

 

7-13.1-1204. Severability clause.

     If any provision of this chapter or its application to any person or circumstance is held

invalid, the invalidity does not affect other provisions or applications of this chapter which can be

given effect without the invalid provision or application, and to this end the provisions of this

chapter are severable.


 

 

414)

Section

Amended Chapter Numbers:

 

8-8-8.1

433 and 434

 

 

8-8-8.1. Administrator/clerk -- Magistrate.

     (a) Administrator/clerk. There shall be a district court administrator/clerk who shall be

appointed by the chief judge in his or her capacity as administrative head of the court, and who

shall hold office at the pleasure of the administrative judge. The administrator/clerk shall perform

such duties and attend to such matters as may be assigned to the administrator/clerk by the

administrative judge, other than those duties assigned to the chief clerk in § 8-8-19. Said duties

may be assigned by the chief judge.

     (b) Magistrate. Any person holding the position of district court administrator/clerk who is

a member of the bar of Rhode Island may be appointed district court magistrate by the chief judge

in his or her capacity as administrative head of the court, subject to the advice and consent of the

senate. The district court magistrate shall hold said office for a term of ten (10) years and until a

successor is appointed and qualified; and the magistrate shall retain whatever right he or she may

have to the position of district court administrator/clerk pursuant to this section. Nothing herein

shall be construed to prohibit the appointment of the magistrate for more than one term, subject to

the advice and consent of the senate. Any person holding office of district court magistrate on July

1, 1999, may continue in full authority in said position until such time as an appointment is made

and the nominee qualified pursuant to this subsection.

     (c) The district court magistrate shall have the power to hear and determine such matters

as may be assigned to the district court magistrate by the chief judge all to the same effect as if

done by a judge of the district court, including, but not limited to:

     (1) Matters relating to the determination of, monitoring, collection, and payment of

restitution and court-ordered fines, fees, and costs or the ordering of community service in lieu of

or in addition to the payment of restitution, fines, fees, and costs, consistent with other provisions

of the general laws;

     (2) Arraignments and pretrial motions in misdemeanor, petty misdemeanor, violation, and

ordinance cases and initial appearances and probable cause hearings in felony cases;

     (3) Bail hearings pursuant to R.I. Const., Art. I, Sec. IX and all other bail matters pursuant

to chapter 13 of title 12 and the rules of criminal procedure, including, but not limited to, motions

to modify bail, bail revocation hearings, bail forfeiture hearings, and bail source hearings;

     (4) All matters relating to fugitives from justice pursuant to chapter 9 of title 12;

     (5) Probation revocation hearings;

     (6) All matters relating to small claims and consumer claims pursuant to chapter 16 of title

10, including any pretrial motions including motions relating to the special service of process, the

entry of defaults and default judgments, the trial of such cases and the entry of judgment after such

trials, and all matters relating to the enforcement of such judgments, including, but not limited to,

the ordering of installment payments and trustee process; and

     (7) Complaints for judicial review of the decision of an administrative agency pursuant to

chapter 35 of title 42 by making proposed findings of fact and recommendations for the disposition

of the complaints to a judge of the court. Any party may object to any portion of the magistrate's

proposed findings and recommendations within ten (10) days after receipt of a copy thereof. That

party shall file with the clerk of the sixth division of the district court and serve on all parties written

objections which that shall specifically identify the portions of the proposed findings and

recommendations to which objection is made and the basis for the objection. A judge shall make a

de novo determination of those portions to which objection is made and may accept, reject, or

modify, in whole or in part, the findings or recommendations made by the magistrate. Absent a

timely objection filed in accordance with this subdivision, the proposed prevailing party shall, upon

expiration of the ten (10) days following the service of the magistrate's proposed findings and

recommendations, submit a proposed order for signature of the judge to whom the case has been

assigned.

     (d) The magistrate may be authorized:

     (1) To regulate all proceedings before him or her;

     (2) To do all acts necessary or proper for the efficient performance of his or her duties;

     (3) To require the production before him or her of books, papers, vouchers, documents,

and writings;

     (4) To rule upon the admissibility of evidence;

     (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to

examine them, and to call parties to the proceeding and examine them upon oath;

     (6) To adjudicate a person in contempt and to order him or her fined or to order him or her

imprisoned for not more than seventy-two (72) hours, pending review by a judge of the court, for

failure to appear in response to a summons or for refusal to answer questions or produce evidence

or for behavior disrupting a proceeding or other contempt of his or her authority;

     (7) To adjudicate a person in contempt and to order him or her fined or to order him or her

imprisoned for not more than seventy-two (72) hours, pending review by a judge of the court, for

failure to comply with a pending order to provide payment or to perform any other act;

     (8) To issue a capias and/or body attachment for the failure of a party or witness to appear

after having been properly served or given notice by the court and, should the court not be in

session, the person apprehended may be detained at the adult correctional institution, if an adult, or

at the Rhode Island training school for youth, if a child, until the next session of the court;

     (9) To issue writs of habeas corpus to bring before him or her or a judge of the court any

person in jail or in prison to be examined as a witness in a suit or proceeding, civil or criminal,

pending before the court, or whose presence is necessary as a party or otherwise necessary so that

the ends of justice may be attained, and for no other purpose; and

     (10) To issue warrants of arrest and search warrants to the same extent as an associate judge

of the court.

     (e) Except as otherwise indicated, a party aggrieved by an order entered by the district court

magistrate shall be entitled to a review of the order, whether by appeal or otherwise, by a judge of

the court. The court shall, by rules of procedure, establish procedures for review of contempt and

adjudications of the magistrate.

     (f) The magistrate shall be:

     (1) Governed by the commission on judicial tenure and discipline, chapter 16 of this title,

in the same manner as justices and judges;

     (2) Subject to all provisions of the canons of judicial ethics;

     (3) Subject to all criminal laws relative to judges by virtue of §§ 11-7-1 and 11-7-2.

     (g) Any district court magistrate who has been engaged for a period of twenty (20) years

and has reached the age of sixty (60) years, may upon retirement, at his or her own request and at

the direction of the chief justice of the supreme court, subject to the retiree's physical and mental

competence, be assigned to perform such services as a magistrate of the district court as the chief

judge of the district court shall prescribe. When so assigned and performing such service, the

district court clerk/magistrate shall have all the powers and authority of a magistrate of the district

court but otherwise shall have no powers nor be authorized to perform any judicial duties. Such a

retired district court magistrate shall not be counted in the number of magistrates provided by law

for the district court.

     (g)(h) The provisions of this section shall be afforded liberal construction.


 

 

415)

Section

Amended Chapter Numbers:

 

8-8.2-1

336 and 337

 

 

8-8.2-1. Establishment --  Rulemaking authority -- Adjudication of

violations.

     (a) There is hereby established a traffic tribunal which shall be charged with the

administration and adjudication of traffic violations within its jurisdiction. The traffic tribunal shall

be under the supervision of the chief magistrate of the traffic tribunal, who shall be the

administrative head of the traffic tribunal and shall have the power to make rules for regulating

practice, procedure and business within the traffic tribunal. Pursuant to § 8-6-2, said rules shall be

subject to the approval of the supreme court. Such rules, when effective, shall supersede any

statutory regulation in conflict therewith. Any person who has been a member of the bar of Rhode

Island may be appointed chief magistrate of the traffic tribunal. The chief magistrate of the traffic

tribunal shall be appointed by the chief justice of the supreme court, with the advice and consent

of the senate, for a period of ten (10) years and until a successor is appointed and qualified. Nothing

contained herein shall be construed to prohibit the reappointment of the chief magistrate for one or

more ten (10) year terms subject to the advice and consent of the senate. Compensation for the chief

magistrate shall be equal to that of an associate judge of the district court.

     (b) The judges and magistrates of the traffic tribunal shall hear and determine cases as

provided by law. No district court judge appointed pursuant to chapter 8 of this title shall be

assigned to perform duties of a judge or magistrate of the traffic tribunal under this chapter. The

chief magistrate of the traffic tribunal may assign a judge or magistrate who is authorized to hear

and decide cases in the traffic tribunal to serve as administrative judge or magistrate of the traffic

tribunal and the administrative judge or magistrate shall perform such administrative duties as may

be delegated to him or her by the chief magistrate. Once assigned to the position, the administrative

judge or magistrate shall hold said administrative position for the remainder of his or her respective

term as a judge or magistrate of the traffic tribunal.

     (c)(1) Those judges of the administrative adjudication court in active service on July 1,

1999, shall serve within the traffic tribunal. Whenever the total number of judges and magistrates

in the traffic tribunal exclusive of the chief magistrate shall be less than seven (7) eight (8), the

chief justice of the supreme court, with the advice and consent of the senate, may, as needed, assign

a duly qualified member of the bar of this state to act as a magistrate to fill such vacancy and shall

submit his or her name to the senate for confirmation. In the event of a vacancy in the position of

chief magistrate, the chief justice of the supreme court shall appoint a successor in accordance with

subsection 8-8.2-1(a) of this section. Any magistrate assigned under this section shall serve a term

of ten (10) years and until a successor is appointed and qualified, and shall be in the unclassified

service of the state. Nothing herein shall be construed to prohibit the assignment of a magistrate to

more than one such term, subject to the advice and consent of the senate. Compensation for any

such magistrate shall in no event be equal to or more than that of an associate judge of the district

court. Magistrates of the traffic tribunal shall participate in the state retirement system in the same

manner as all members of the unclassified service.

     (2) If any judge of the traffic tribunal shall retire, or a vacancy becomes available through

death, disability or any other reason, the position shall be filled by a magistrate consistent with the

provisions of this section.

     (d) Each judge and magistrate of the traffic tribunal shall devote full time to his or her

judicial duties, except as may be otherwise provided by law. He or she shall not practice law while

holding office, nor shall he or she be a partner or associate of any person in the practice of law.

     (e) Judges and magistrates of the traffic tribunal shall be subject to the provisions of R.I.

Const. Art. XI; to the code of judicial conduct or successor code promulgated by the supreme court

of this state, to the jurisdiction of the Commission on Judicial Tenure and Discipline in accordance

with chapter 16 of this title; and to the administrative authority and control of the chief justice of

the supreme court in accordance with chapter 15 of this title, except that §§ 8-15-3 and 8-15-3.1

shall not apply to judges of the traffic tribunal.

     (f) The traffic tribunal shall be a tribunal of record and shall have a seal with such words

and devices as it shall adopt.

     (g) Judges and magistrates of the traffic tribunal shall have the power to administer oaths

and affirmations.

     (h) Administrative/supervisory officials.

     (1) There shall be an assistant to the administrative magistrate of the traffic tribunal who

shall be appointed by and serve at the pleasure of the chief magistrate and who shall perform such

clerical and administrative duties as may be assigned to him or her by the chief magistrate of the

traffic tribunal and the administrative judge or magistrate of the traffic tribunal. The assistant to the

administrative judge or magistrate shall have the power to administer oaths and affirmations within

the state.

     (2) There shall be a clerk of the traffic tribunal who shall be appointed by and serve at the

pleasure of the chief magistrate of the traffic tribunal; provided, however, that, effective July 1,

1999, the first clerk of the traffic tribunal shall be that person holding the position of

administrator/clerk of the administrative adjudication court as of May 1, 1998, and that person shall

hold office for the balance of a term of twelve (12) years which began on September 1, 1992,

without the necessity of appointment by the governor or advice and consent of the senate. The clerk

of the traffic tribunal shall exercise his or her functions under the direction and control of the chief

magistrate of the traffic tribunal and the administrative judge or magistrate of the traffic tribunal.

The clerk of the traffic tribunal shall have the power to administer oaths and affirmations within

the state.

     (i) Clerical Personnel/Court Recorders.

     (1) The chief magistrate of the traffic tribunal shall appoint deputy clerks and assistance

assistant clerks for the traffic tribunal to serve at his or her pleasure. All such clerks may administer

oaths and affirmations within the state.

     (2) The chief magistrate of the traffic tribunal shall appoint sufficient court recorders to

enable all proceedings to be recorded by electronic means and who shall assist in such other clerical

duties as may be prescribed from time to time by the chief magistrate of the traffic tribunal.

     (3) The chief magistrate of the traffic tribunal shall employ such clerical assistants in

addition to deputy clerks as may be required in the traffic tribunal to perform clerical duties.


 

 

 

 

416)

Section

Amended Chapter Numbers:

 

8-8-16.2

433 and 434

 

 

8-8-16.2. District court clerk/magistrate.

     (a) Any person who is a member of the bar of Rhode Island may be appointed district court

clerk/magistrate by the chief judge in his or her capacity as administrative head of the court, subject

to the advice and consent of the senate. The district court clerk/magistrate shall hold that office for

a term of ten (10) years and until a successor is appointed and qualified. Nothing herein shall be

construed to prohibit the assignment of the district court clerk/magistrate to more than one such

term, subject to the advice and consent of the senate. The district court clerk/magistrate shall have

the power to hear and determine any matters that may be assigned to the district court

clerk/magistrate by the chief judge all to the same effect as if done by a judge of the district court,

including, but not limited to, matters relating to the determination of, monitoring, collection, and

payment of restitution and court-ordered fines, fees, and costs or the ordering of community service

in lieu of or in addition to the payment of restitution, fines, fees, and costs, consistent with other

provisions of the general laws.

     (b) The clerk/magistrate may be authorized:

     (1) To regulate all proceedings before him or her;

     (2) To do all acts necessary or proper for the efficient performance of his or her duties;

     (3) To require the production before him or her of books, papers, vouchers, documents and

writings;

     (4) To rule upon the admissibility of evidence;

     (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to

examine them and to call parties to the proceeding and examine them upon oath;

     (6) To adjudicate a person in contempt and to order him or her fined or to order him or her

imprisoned for not more than seventy-two (72) hours, for failure to appear in response to a

summons or for refusal to answer questions or produce evidence or for behavior disrupting a

proceeding or other contempt of his or her authority; provided; however, that no such imprisonment

shall occur prior to review by a judge of the court.;

     (7) To adjudicate a person in contempt and to order him or her fined or to order him or her

imprisoned for not more than seventy-two (72) hours, for failure to comply with a pending order to

provide payment or to perform any other act; provided, however, that no such imprisonment shall

occur prior to review by a judge of the court.;

     (8) To issue a capias and/or body attachment for the failure of a party or witness to appear

after having been properly served or given notice by the court and, should the court not be in

session, the person apprehended may be detained at the adult correctional institutions, if an adult,

or at the Rhode Island training school for youth, if a child, until the next session of the court;

     (9) To issue writs of habeas corpus to bring before him or her or a judge of the court any

person in jail or in prison to be examined as a witness in a suit or proceeding, civil or criminal,

pending before the court, or whose presence is necessary as a party or otherwise necessary so that

the ends of justice may be attained, and for no other purpose; and

     (10) To issue warrants of arrest and search warrants to the same extent as an associate judge

of the court.

     (c) Except as otherwise indicated, a party aggrieved by an order entered by the district court

clerk/magistrate shall be entitled to a review of the order, whether by appeal or otherwise, by a

judge of the court. The court shall, by rules of procedure, establish procedures for review of

contempt and adjudications of the clerk/magistrate.

     (d) The district court clerk/magistrate shall:

     (1) Be governed by the commission on judicial tenure and discipline, pursuant to chapter

16 of this title, in the same manner as justices and judges;

     (2) Be subject to all provisions of the canons of judicial ethics;

     (3) Be subject to all criminal laws relative to judges by virtue of §§ 11-7-1 and 11-7-2.

     (4) Receive any salary that may be established by the state court administrator pursuant to

§ 8-15-4. The provisions of this section shall be afforded liberal construction.

     (e) Any district court clerk/magistrate who has been engaged for a period of twenty (20)

years and has reached the age of sixty (60) years, may upon retirement, at his or her own request

and at the direction of the chief justice of the supreme court, subject to the retiree's physical and

mental competence, be assigned to perform such services as a magistrate of the district court as the

chief judge of the district court shall prescribe. When so assigned and performing such service, the

district court clerk/magistrate shall have all the powers and authority of a magistrate of the district

court but otherwise shall have no powers nor be authorized to perform any judicial duties. Such a

retired district court clerk/magistrate shall not be counted in the number of magistrates provided by

law for the district court.


 

 

 

 

417)

Section

Amended Chapter Numbers:

 

9-26-4

366 and 367

 

 

9-26-4. Property exempt from attachment.

     The following goods and property shall be exempt from attachment on any warrant of

distress or on any other writ, original, mesne, or judicial:

     (1) The necessary wearing apparel of a debtor or of the debtor's family, if he or she has a

family.

     (2) The working tools of a debtor necessary in the debtor's usual occupation, not exceeding

in value the sum of two thousand dollars ($2,000), and the professional library of any professional

person in actual practice.

     (3) The household furniture, clothing, and family stores of a debtor, including beds and

bedding, not exceeding in value the sum of nine thousand six hundred dollars ($9,600).

     (4) The bibles, school books, and other books in use in the family, not exceeding in value

the sum of three hundred dollars ($300).

     (5) The debtor's interest in one lot or right of burial, as the case may be, in any cemetery.

     (6) Wages due or accruing to any sailor.

     (7) Debts secured by bills of exchange or negotiable promissory notes.

     (8)(i) The entire salary or wages of any debtor due or payable from any charitable

corporation, or from any person or corporation engaged in the disbursement or administration of

any public charitable fund or money, whenever the salaries or wages are to be paid or supplied,

directly or indirectly, from any fund or money appropriated or contributed for the relief of the poor

or in aid of unemployment, and the debtor is the object of the relief or aid.

     (ii) The entire wages or salary of any debtor due or payable from any employer, where the

debtor has been the object of relief from any state, federal, or municipal corporation or agency for

a period of one year from and after the time when the debtor ceases to be the object of such relief.

     (iii) The salary or wages due or payable to any other debtor, not exceeding the sum of fifty

dollars ($50.00).

     (9) The salary and wages of the wife and the minor children of any debtor.

     (10) Such other property, real, personal, or mixed, in possession or actions as is or shall be

exempted from attachment and execution, either permanently or temporarily, by general or special

acts, charters of incorporation, or by the policy of the law.

     (11) An individual retirement account or individual retirement annuity as defined in the

Internal Revenue Code, 26 U.S.C. §§ 408 and 408A, and the payments or distributions from such

an account or annuity, except that this exemption does not apply to any of the following:

     (i) An order of a court pursuant to a judgment of divorce or separate maintenance.

     (ii) An order of a court concerning child support.

     (iii) Contributions to an individual retirement account, or premiums on an individual

retirement annuity, including the earnings or benefits from those contributions or premiums that

constitute an excess contribution within the meaning of Section 4973 of the Internal Revenue Code,

[26 U.S.C. § 4973].

     (12) The right or interest of a person in an annuity, pension, profit sharing, or other

retirement plan protected by the Employee Retirement Income Security Act of 1974, Public Law

93-406, 29 U.S.C. § 1001 et seq. This exemption shall also apply to the operation of the Federal

Bankruptcy Code, as permitted by 11 U.S.C. § 522(d)(10)(E). This exemption shall not apply to

the right or interest of a person in an annuity, pension, profit sharing, or other retirement plan to

the extent that that right or interest is subject to any of the following:

     (i) An order of the court pursuant to a judgment of divorce or separated separate

maintenance.

     (ii) An order of a court concerning child support.

     This exemption shall not apply to contributions to, and the earnings of, any of the

retirement plans enumerated in this subdivision that are not qualified retirement plans as defined

by the Internal Revenue Code, 26 U.S.C. § 401.

     (13) Any and all motor vehicles owned by the debtor not to exceed an aggregate total of

twelve thousand dollars ($12,000).

     (14) Any and all jewelry owned by the debtor not to exceed an aggregate total of two

thousand dollars ($2,000).

     (15) An account balance, right, or interest of a person in a "prepaid tuition program" or a

"tuition savings program" as defined in § 16-57-3(10) and (16), respectively. This exemption shall

not apply to a balance, right, or interest to the extent that the balance, right, or interest is subject to

any of the following:

     (i) An order of a court pursuant to a judgment of divorce or separate maintenance;

     (ii) An order of a court concerning child support.

     (16) In addition to the exemptions herein, a debtor in bankruptcy may exempt an additional

six thousand five hundred dollars ($6,500) in any assets.

     (17) The real property of any person having debts secured by casino-issued lines of credit,

also known as "casino markers," that are issued to casino patrons by the casino credit department

or other department or agency of the casino.

     (18) Savings or other deposits held in a banking, or financial institution not exceeding the

sum of five hundred dollars ($500).


 

 

 

418)

Section

Amended Chapter Numbers:

 

9-28-3

202 and 203

 

 

9-28-3. Citation to show cause why instalment payments should not be decreed.

     On the filing of an application by a judgment creditor, execution on whose judgment has

been returned either wholly or in part unsatisfied and unpaid, the clerk or a justice of the court

rendering the judgment, or if the judgment is rendered in the superior court in a case in which the

writ was returnable to a district court, then and in such case the clerk or justice of the district court

to which the writ was returnable, if the papers in the case shall have been transmitted to the district

court as hereinafter provided, shall issue a citation to the judgment debtor requiring the judgment

debtor to contact the attorney for the judgment creditor or pro se judgment creditor within twenty-

five (25) days of receipt of the citation to establish a payment agreement. If the debtor defendant

fails to contact the attorney for the judgment creditor or pro se judgment creditor within twenty-

five (25) days, the attorney for the judgment creditor or pro se judgment creditor may request that

the district court clerk’s office mail a notice with a date and time of hearing to the defendantUpon

notice from the district court, the defendant shall to appear at a the time and place named therein to

show cause why an examination into his or her circumstances should not be made and a decree be

entered ordering him or her to pay the judgment in full or by instalment installment, weekly,

monthly, or otherwise. The citation shall be made returnable to the court by which it was issued

and shall be served by delivering a copy to the debtor or by leaving a copy at the last and usual

place of abode of the debtor with some person living there at least six (6) days before the return

day named therein.


 

 

 

419)

Section

Added Chapter Numbers:

 

10-21

107 and 108

 

 

CHAPTER 21

RHODE ISLAND COMMERCIAL RECEIVERSHIP ACT


 

 

 

 

 

 

 

 

420)

Section

Added Chapter Numbers:

 

10-21-1

107 and 108

 

 

10-21-1. Short title.

     This chapter shall be known and may be cited as the "Rhode Island Commercial

Receivership Act."


 

 

 

421)

Section

Added Chapter Numbers:

 

10-21-2

107 and 108

 

 

10-21-2. Definitions.

     As used in this chapter:

     (1) "Affiliate" means:

     (i) With respect to an individual:

     (A) A companion of the individual;

     (B) A lineal ancestor or descendant, whether by blood or adoption of:

     (I) The individual; or

     (II) A companion of the individual;

     (C) A companion of an ancestor or descendant described in § 10-21-2(1)(i)(B);

     (D) A sibling, aunt, uncle, great aunt, great uncle, first cousin, niece, nephew, grandniece,

or grandnephew of the individual, whether related by the whole or the half blood or adoption, or a

companion of any of them; or

     (E) Any other individual occupying the residence of the individual; and

     (ii) With respect to a person other than an individual:

     (A) Another person that directly or indirectly controls, is controlled by, or is under common

control with the person;

     (B) An officer, director, manager, member, partner, employee, or trustee or other fiduciary

of the person; or

     (C) A companion of, or an individual occupying the residence of, an individual described

in §§10-21-2(1)(ii)(A) or (B).

     (2) "Collateral" means the property subject to a lien.

     (3) "Companion" means:

     (i) The spouse of an individual;

     (ii) The domestic partner of an individual; or

     (iii) Another individual in a civil union with an individual.

     (4) "Court" means the superior court.

     (5) "Debtor" means a person having an interest, other than a lien, in collateral, whether or

not the person is liable for the secured obligation. The term "debtor" includes a mortgagor.

     (6) "Executory contract" means a contract, including a lease, under which each party has

an unperformed obligation and the failure of a party to complete performance would constitute a

material breach.

     (7) "Governmental unit" means an office, department, division, bureau, board,

commission, or other agency of this state or a subdivision of this state.

     (8) "Lien" means an interest in property which secures payment or performance of an

obligation.

     (9) "Mortgage" means a record, however denominated, that creates or provides for a

consensual lien on real property or rents, even if it also creates or provides for a lien on personal

property.

     (10) "Mortgagee" means a person entitled to enforce an obligation secured by a mortgage.

     (11) "Mortgagor" means a person that grants a mortgage or a successor in ownership of the

real property described in the mortgage.

     (12) "Owner" means the person for whose property a receiver is appointed.

     (13) "Person" means an individual, estate, partnership, association, trust, business or

nonprofit entity, public corporation, government or governmental subdivision, agency, or

instrumentality, or other legal entity.

     (14) "Proceeds" means the following property:

     (i) Whatever is acquired on the sale, lease, license, exchange, or other disposition of

receivership property;

     (ii) Whatever is collected on, or distributed on account of, receivership property;

     (iii) Rights arising out of receivership property;

     (iv) To the extent of the value of receivership property, claims arising out of the loss,

nonconformity, or interference with the use of, defects or infringement of rights in, or damage to

the property; or

     (v) To the extent of the value of receivership property and to the extent payable to the

owner or secured party, insurance payable by reason of the loss or nonconformity of, defects or

infringement of rights in, or damage to the property.

     (15) "Property" means all of a person's right, title, and interest, both legal and equitable, in

real and personal property, tangible and intangible, wherever located and however acquired. The

term includes proceeds, products, offspring, rents, or profits of or from the property.

     (16) "Receiver" means a person appointed by the court as the court's agent, and subject to

the court's direction, to take possession of, manage, and, if authorized by this chapter or court order,

transfer, sell, lease, license, exchange, collect, or otherwise dispose of receivership property.

     (17) "Receivership" means a proceeding in which a receiver is appointed.

     (18) "Receivership property" means the property of an owner which is described in the

order appointing a receiver or a subsequent order. The term includes any proceeds, products,

offspring, rents, or profits of or from the property.

     (19) "Record," used as a noun, means information that is inscribed on a tangible medium

or that is stored on an electronic or other medium and is retrievable in perceivable form.

     (20) "Rents" means:

     (i) Sums payable for the right to possess or occupy, or for the actual possession or

occupation of, real property of another person;

     (ii) Sums payable to a mortgagor under a policy of rental-interruption insurance covering

real property;

     (iii) Claims arising out of a default in the payment of sums payable for the right to possess

or occupy real property of another person;

     (iv) Sums payable to terminate an agreement to possess or occupy real property of another

person;

     (v) Sums payable to a mortgagor for payment or reimbursement of expenses incurred in

owning, operating, and maintaining real property or constructing or installing improvements on

real property; or

     (vi) Other sums payable under an agreement relating to the real property of another person

which constitute rents under law of this state other than this chapter.

     (21) "Secured obligation" means an obligation the payment or performance of which is

secured by a security agreement.

     (22) "Secured party" means a person entitled to enforce a secured obligation. The term

includes a mortgagee.

     (23) "Security agreement" means an agreement that creates or provides for a lien. The term

includes a mortgage.

     (24) "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 sound, symbol, or

process.

     (25) "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the

United States.


 

 

422)

Section

Added Chapter Numbers:

 

10-21-2.1

107 and 108

 

 

10-21-2.1. Additional definitions for emergency declaration temporary non-

liquidating receivership.

     In this chapter:

     (1) “Emergency” means a serious, dangerous, or unexpected situation that causes or

potentially causes widespread or substantial loss of life, injury, damage, or public health concern

for a significant number of persons or substantial loss of property, including a “disaster” as defined

in § 30-15-3.

     (2) “Emergency declaration” means a declaration of disaster emergency issued by the

governor pursuant to § 30-15-9.

     (3) "Emergency declaration provisions" means §§ 10-21-2.1, 10-21-3.1, 10-21-6.1, 10-21-

12.1, 10-21-13.1, 10-21-14.1, 10-21-16.1, 10-21-19.1, 10-21-21.1, and 10-21-28.1.

     (4) "Temporary non-liquidating receiver" means a receiver appointed under the emergency

declaration provisions.

     (5) "Temporary non-liquidating receivership" means a receivership in which a temporary

non-liquidating receiver has been appointed.


 

 

 

 

423)

Section

Added Chapter Numbers:

 

10-21-3

107 and 108

 

 

10-21-3. Notice and opportunity for hearing.

     (a) Except as otherwise provided in subsection (b) of this section, the court may issue an

order under this chapter only after notice and opportunity for a hearing appropriate in the

circumstances.

     (b) The court may issue an order under this chapter:

     (1) Without prior notice if the circumstances require issuance of an order before notice is

given;

     (2) After notice and without a prior hearing if the circumstances require issuance of an

order before a hearing is held; or

     (3) After notice and without a hearing if no interested party timely requests a hearing.


 

 

 

 

424)

Section

Added Chapter Numbers:

 

10-21-3.1

107 and 108

 

 

10-21-3.1. Administrative and procedural orders in temporary non-liquidating

receivership.

     The general assembly acknowledges that:

     (1) The presiding justice of the superior court may issue administrative orders governing

the procedures in temporary non-liquidating receiverships.

     (2) The business calendar justice to whom a temporary non-liquidating receivership has

been assigned may issue procedural orders in the temporary non-liquidating receivership.


 

 

 

 

425)

Section

Added Chapter Numbers:

 

10-21-4

107 and 108

 

 

10-21-4. Scope -- Exclusions.

     (a) Except as otherwise provided in subsections subsection (b) or (c) of this section, this

chapter applies to a receivership for an interest in any one or more of the following:

     (1) Real property and any personal property related to or used in operating the real property;

or

     (2) Personal property and fixtures.

     (b) This chapter does not apply to a receivership for an interest in real property improved

by one to four (4) dwelling units unless:

     (1) The interest is used for agricultural, commercial, industrial, or mineral-extraction

purposes, other than incidental uses by an owner occupying the property as the owner's primary

residence;

     (2) The interest secures an obligation incurred at a time when the property was used or

planned for use for agricultural, commercial, industrial, or mineral-extraction purposes;

     (3) The owner planned or is planning to develop the property into one or more dwelling

units to be sold or leased in the ordinary course of the owner's business; or

     (4) The owner is collecting or has the right to collect rents or other income from the

property from a person other than an affiliate of the owner.

     (c) This chapter does not apply to a receivership authorized by law of this state other than

this chapter in which the receiver is a governmental unit or an individual acting in an official

capacity on behalf of the unit except to the extent provided by the other law.

     (d) This chapter does not limit the authority of a court to appoint a receiver under law of

this state other than this chapter.

     (e) Unless displaced by a particular provision of this chapter, the principles of law and

equity supplement this chapter.


 

 

 

426)

Section

Added Chapter Numbers:

 

10-21-5

107 and 108

 

 

10-21-5. Power of court.

     The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the

receiver and determine any controversy related to the receivership or receivership property.


 

 

 

 

427)

Section

Added Chapter Numbers:

 

10-21-6

107 and 108

 

 

10-21-6. Appointment of receiver.

     (a) The court may appoint a receiver:

     (1) Before judgment, to protect a party that demonstrates an apparent right, title, or interest

in property that is the subject of the action, if the property or its revenue-producing potential:

     (i) Is being subjected to or is in danger of waste, loss, dissipation, misapplication, or

impairment; or

     (ii) Has been or is about to be the subject of a voidable transaction;

     (2) After judgment:

     (i) To carry the judgment into effect; or

     (ii) To preserve nonexempt real property pending appeal or when an execution has been

returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment;

     (3) In an action against a person that is not an individual if:

     (i) The object of the action is the dissolution of the person;

     (ii) The person is not an individual, and the person has been dissolved or revoked;

     (iii) The persons responsible for management of the person are deadlocked in the

management of the person's affairs;

     (iv) The acts of the persons in control of the person are illegal, oppressive, or fraudulent;

or

     (v) The person is insolvent or generally is not paying the person's debts as those debts

become due; or

     (4) In an action in which a receiver may be appointed on equitable grounds.

     (b) In connection with the foreclosure or other enforcement of a security agreement, the

court may appoint a receiver for the collateral if:

     (1) Appointment is necessary to protect the collateral from waste, loss, transfer, dissipation,

misapplication, or impairment;

     (2) The debtor agreed in a signed record to appointment of a receiver on default;

     (3) The owner agreed, after default and in a signed record, to appointment of a receiver;

     (4) The collateral and any other security held by the secured party are not reasonably

expected to be sufficient to satisfy the secured obligation; or

     (5) The owner fails to turn over to the secured party proceeds or rents the secured party

was entitled to collect.

     (c) The court may condition appointment of a receiver without prior notice under § 10-21-

3(b)(1) or without a prior hearing under § 10-21-3(b)(2) on the giving of security by the person

seeking the appointment for the payment of damages, reasonable attorneys' fees, and costs incurred

or suffered by any person if the court later concludes that the appointment was not justified. If the

court later concludes that the appointment was justified, the court shall release the security.


 

 

 

 

428)

Section

Added Chapter Numbers:

 

10-21-6.1

107 and 108

 

 

10-21-6.1. Appointment of temporary non-liquidating receiver.

     (a) The court may appoint a temporary non-liquidating receiver on the request of the owner

if:

     (1) As of the date of an emergency declaration, the owner was not insolvent;

     (2) As of the date of an emergency declaration, the owner was generally paying its debts

as those debts became due;

     (3) As of the date of an emergency declaration, the owner was not in material default of its

obligations to a secured party; and

     (4) Either:

     (i) Because of the events giving rise to the emergency, the owner’s gross revenue has

declined by more than twenty percent (20%), in a sixty (60) day period beginning on or after the

date of an emergency declaration, as compared to the same period of the previous year; or

     (ii) Because of action by a governmental unit exercising its police or regulatory power to

mitigate or otherwise address the emergency, the owner suspended or ceased a substantial part of

its business operations.


 

 

 

 

429)

Section

Added Chapter Numbers:

 

10-21-7

107 and 108

 

 

10-21-7. Disqualification from appointment as receiver -- Disclosure of interest.

     (a) The court may not appoint a person as receiver unless the person submits to the court a

statement under penalty of perjury that the person is not disqualified.

     (b) Except as otherwise provided in subsection (c) of this section, a person is disqualified

from appointment as receiver if the person:

     (1) Is an affiliate of a party;

     (2) Has an interest materially adverse to an interest of a party;

     (3) Has a material financial interest in the outcome of the action, other than compensation

the court may allow the receiver;

     (4) Has a debtor-creditor relationship with a party; or

     (5) Holds an equity interest in a party, other than a non-controlling noncontrolling interest

in a publicly-traded company.

     (c) A person is not disqualified from appointment as receiver solely because the person:

     (1) Was appointed receiver or is owed compensation in an unrelated matter involving a

party or was engaged by a party in a matter unrelated to the receivership;

     (2) Is an individual obligated to a party on a debt that is not in default and was incurred

primarily for personal, family, or household purposes; or

     (3) Maintains with a party a deposit account as defined in § 6A-9-102(a)(29).

     (d) A person seeking appointment of a receiver may nominate a person to serve as receiver,

but the court is not bound by the nomination.


 

 

 

 

430)

Section

Added Chapter Numbers:

 

10-21-8

107 and 108

 

 

10-21-8. Receiver's bond -- Alternative security.

     (a) Except as otherwise provided in subsection (b) of this section, a receiver shall post with

the court a bond that:

     (1) Is conditioned on the faithful discharge of the receiver's duties;

     (2) Has one or more sureties approved by the court;

     (3) Is in an amount the court specifies; and

     (4) Is effective as of the date of the receiver's appointment.

     (b) The court may approve the posting by a receiver with the court of alternative security,

such as a letter of credit or deposit of funds. The receiver may not use receivership property as

alternative security. Interest that accrues on deposited funds must be paid to the receiver on the

receiver's discharge.

     (c) The court may authorize a receiver to act before the receiver posts the bond or

alternative security required by this section.

     (d) A claim against a receiver's bond or alternative security must be made not later than

one year after the date the receiver is discharged.


 

 

 

 

431)

Section

Added Chapter Numbers:

 

10-21-9

107 and 108

 

 

10-21-9. Status of receiver as lien creditor.

     On appointment of a receiver, in addition to the receiver’s other status under this chapter,

the receiver has the status of a lien creditor under:

     (1) Chapter 9 of title 6A as to receivership property that is personal property or fixtures;

and

     (2) Section 34-13-2 as to receivership property that is real property.


 

 

 

 

432)

Section

Added Chapter Numbers:

 

10-21-10

107 and 108

 

 

10-21-10. Security interest covering after-acquired property.

     Except as otherwise provided by law of this state other than this chapter, property that a

receiver or owner acquires after appointment of the receiver is subject to a security agreement

entered into before the appointment to the same extent as if the court had not appointed the receiver.


 

 

 

433)

Section

Added Chapter Numbers:

 

10-21-11

107 and 108

 

 

10-21-11. Collection and turnover of receivership property.

     (a) Unless the court orders otherwise, on demand by a receiver:

     (1) A person that owes a debt that is receivership property and is matured or payable on

demand or on order shall pay the debt to or on the order of the receiver, except to the extent the

debt is subject to setoff or recoupment; and

     (2) Subject to subsection (c) of this section, a person that has possession, custody, or control

of receivership property shall turn the property over to the receiver.

     (b) A person that has notice of the appointment of a receiver and owes a debt that is

receivership property may not satisfy the debt by payment to the owner.

     (c) If a creditor has possession, custody, or control of receivership property and the validity,

perfection, or priority of the creditor's lien on the property depends on the creditor's possession,

custody, or control, the creditor may retain possession, custody, or control until the court orders

adequate protection of the creditor's lien.

     (d) Unless a bona fide dispute exists about a receiver's right to possession, custody, or

control of receivership property, the court may sanction as civil contempt a person's failure to turn

the property over when required by this section.


 

 

 

 

434)

Section

Added Chapter Numbers:

 

10-21-12

107 and 108

 

 

10-21-12. Powers and duties of receiver.

     (a) Except as limited by court order or law of this state other than this chapter, a receiver

may:

     (1) Collect, control, manage, conserve, and protect receivership property;

     (2) Operate a business constituting receivership property, including preservation, use, sale,

lease, license, exchange, collection, or disposition of the property in the ordinary course of

business;

     (3) In the ordinary course of business, incur unsecured debt and pay expenses incidental to

the receiver's preservation, use, sale, lease, license, exchange, collection, or disposition of

receivership property;

     (4) Assert a right, claim, cause of action, or defense of the owner which relates to

receivership property;

     (5) Seek and obtain instruction from the court concerning receivership property, exercise

of the receiver's powers, and performance of the receiver's duties;

     (6) On subpoena, compel a person to submit to examination under oath, or to produce and

permit inspection and copying of designated records or tangible things, with respect to receivership

property or any other matter that may affect administration of the receivership;

     (7) Engage a professional as provided in § 10-21-15;

     (8) Apply to a court of another state for appointment as ancillary receiver with respect to

receivership property located in that state; and

     (9) Exercise any power conferred by court order, this chapter, or law of this state other than

this chapter.

     (b) With court approval, a receiver may:

     (1) Incur debt for the use or benefit of receivership property other than in the ordinary

course of business;

     (2) Make improvements to receivership property;

     (3) Use or transfer receivership property other than in the ordinary course of business as

provided in § 10-21-16;

     (4) Adopt or reject an executory contract of the owner as provided in § 10-21-17;

     (5) Pay compensation to the receiver as provided in § 10-21-21, and to each professional

engaged by the receiver as provided in § 10-21-15;

     (6) Recommend allowance or disallowance of a claim of a creditor as provided in §10-21-

20; and

     (7) Make a distribution of receivership property as provided in §10-21-20.

     (c) A receiver shall:

     (1) Prepare and retain appropriate business records, including a record of each receipt,

disbursement, and disposition of receivership property;

     (2) Account for receivership property, including the proceeds of a sale, lease, license,

exchange, collection, or other disposition of the property;

     (3) Record with the land evidence records of each city or town in which the property is

located a copy of the order appointing the receiver and, if a legal description of the real property is

not included in the order, the legal description;

     (4) Disclose to the court any fact arising during the receivership which would disqualify

the receiver under § 10-21-7; and

     (5) Perform any duty imposed by court order, this chapter, or law of this state other than

this chapter.

     (d) The powers and duties of a receiver may be expanded, modified, or limited by court

order.


 

 

 

 

 

 

 

 

435)

Section

Added Chapter Numbers:

 

10-21-12.1

107 and 108

 

 

10-21-12.1. Powers and duties of temporary non-liquidating receiver -- Operating

plan.

     (a) A temporary non-liquidating receiver shall:

     (1) Assist the owner in developing an operating plan in consultation;

     (2) Present the operating plan to the court for approval; and

     (3) Monitor the owner’s business operations and the owner’s compliance with the plan.

     (b) An operating plan must:

     (1) Except to the extent that a particular creditor has agreed to a different treatment of its

claim:

     (i) Provide for the payment of any secured obligation of the owner on the terms of the

secured obligation;

     (ii) Provide for the payment of the owner’s debts accruing or arising after the appointment

of the receiver when such debts become due; and

     (iii) Provide for the payment of each of the owner’s other debts either:

     (A) In periodic installments over a term of not more than three (3) years after the court

approves the plan; or

     (B) As to a particular debt, in such other manner as the owner and the creditor may agree

in a record; and

     (2) Include such other measures as necessary to justify the termination of the receivership.

     (c) The court may modify the operating plan.

     (d) A temporary non-liquidating receiver may not exercise any of the powers under §§ 10-

21-12(a)(1) through (4) unless:

     (1) The court directs otherwise for cause; or

     (2) The owner defaults on an approved operating plan after such notice and opportunity to

cure the default as the court specifies.


 

 

 

436)

Section

Added Chapter Numbers:

 

10-21-13

107 and 108

 

 

10-21-13. Duties of owner.

     (a) An owner shall:

     (1) Assist and cooperate with the receiver in the administration of the receivership and the

discharge of the receiver's duties;

     (2) Preserve and turn over to the receiver all receivership property in the owner's

possession, custody, or control;

     (3) Identify all records and other information relating to the receivership property,

including a password, authorization, or other information needed to obtain or maintain access to or

control of the receivership property, and make available to the receiver the records and information

in the owner's possession, custody, or control;

     (4) On subpoena, submit to examination under oath by the receiver concerning the acts,

conduct, property, liabilities, and financial condition of the owner or any matter relating to the

receivership property or the receivership; and

     (5) Perform any duty imposed by court order, this chapter, or law of this state other than

this chapter.

     (b) If an owner is a person other than an individual, this section applies to each officer,

director, manager, member, partner, trustee, or other person exercising or having the power to

exercise control over the affairs of the owner.

     (c) If a person knowingly fails to perform a duty imposed by this section, the court may:

     (1) Award the receiver actual damages caused by the person's failure, reasonable attorneys'

fees, and costs; and

     (2) Sanction the failure as civil contempt.


 

 

 

437)

Section

Added Chapter Numbers:

 

10-21-13.1

107 and 108

 

 

10-21-13.1. Owner’s duties in temporary non-liquidating receivership.

     Unless the court orders otherwise, the owner shall:

     (1) Develop an operating plan and any modifications to the plan that the temporary non-

liquidating receiver may propose;

     (2) Obtain court approval of the operating plan; and

     (3) Timely perform the owner’s duties under the operating plan.


 

 

438)

Section

Added Chapter Numbers:

 

10-21-14

107 and 108

 

 

10-21-14. Stay -- Injunction.

     (a) Except as otherwise provided in subsection (d) of this section or ordered by the court,

an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or

proceeding:

     (1) To obtain possession of, exercise control over, or enforce a judgment against

receivership property; and

     (2) To enforce a lien against receivership property to the extent the lien secures a claim

against the owner which arose before entry of the order.

     (b) Except as otherwise provided in subsection (d) of this section, the court may enjoin an

act, action, or proceeding against or relating to receivership property if the injunction is necessary

to protect the property or facilitate administration of the receivership.

     (c) A person whose act, action, or proceeding is stayed or enjoined under this section may

apply to the court for relief from the stay or injunction for cause.

     (d) An order under subsection (a) or (b) of this section does not operate as a stay or

injunction of:

     (1) An act, action, or proceeding to perfect, or maintain or continue the perfection of, an

interest in receivership property;

     (2) Commencement or continuation of a criminal proceeding;

     (3) Commencement or continuation of an action or proceeding, or enforcement of a

judgment other than a money judgment in an action or proceeding, by a governmental unit to

enforce its police or regulatory power;

     (4) Establishment by a governmental unit of a tax liability against the owner or receivership

property or an appeal of the liability; or

     (5) Exercise of rights of a party to a swap agreement, securities contract, repurchase

agreement, commodity contract, forward contract, or master netting agreement, as those terms are

defined in the federal Bankruptcy Code, to the extent that a court would not have the power to stay

the exercise if the defendant were a debtor under the Bankruptcy Code.

     (e) The court may void an act that violates a stay or injunction under this section.

     (f) If a person knowingly violates a stay or injunction under this section, the court may:

     (1) Award actual damages caused by the violation, reasonable attorneys' fees, and costs;

and

     (2) Sanction the violation as civil contempt.


 

 

439)

Section

Added Chapter Numbers:

 

10-21-14.1

107 and 108

 

 

10-21-14.1. Stay in a temporary non-liquidating receivership.

     On appointment of a temporary non-liquidating receiver, the stay under § 10-21-14(a) is

effective for the period that the court considers necessary, but not more than ninety (90) days. The

court may extend the stay in increments of not more than thirty (30) days.


 

 

 

440)

Section

Added Chapter Numbers:

 

10-21-15

107 and 108

 

 

10-21-15. Engagement and compensation of professional.

     (a) With court approval, a receiver may engage an attorney, accountant, appraiser,

auctioneer, broker, or other professional to assist the receiver in performing a duty or exercising a

power of the receiver. The receiver shall disclose to the court:

     (1) The identity and qualifications of the professional;

     (2) The scope and nature of the proposed engagement;

     (3) Any potential conflict of interest; and

     (4) The proposed compensation.

     (b) A person is not disqualified from engagement under this section solely because of the

person's engagement by, representation of, or other relationship with the receiver, a creditor, or a

party. This chapter does not prevent the receiver from serving in the receivership as an attorney,

accountant, auctioneer, or broker when authorized by law.

     (c) A receiver or professional engaged under subsection (a) of this section shall file with

the court an itemized statement of the time spent, work performed, and billing rate of each person

that performed the work and an itemized list of expenses. The receiver shall pay the amount

approved by the court.


 

 

 

441)

Section

Added Chapter Numbers:

 

10-21-16

107 and 108

 

 

10-21-16. Use or transfer of receivership property not in the ordinary course of

business.

     (a) In this section, "good faith" means honesty in fact and the observance of reasonable

commercial standards of fair dealing.

     (b) With court approval, a receiver may use receivership property other than in the ordinary

course of business.

     (c) With court approval, a receiver may transfer receivership property other than in the

ordinary course of business by sale, lease, license, exchange, or other disposition. Unless the

agreement of sale provides otherwise, a sale under this section is free and clear of a lien of the

person that obtained appointment of the receiver, any subordinate lien, and any right of redemption.

However, unless the holder of a senior lien consents, such a sale:

     (1) Is subject to the senior lien and to the rights and remedies of the holder of the senior

lien under law other than this chapter; and

     (2) Does not affect the obligation secured by the senior lien.

     (d) A lien on receivership property which is extinguished by a transfer under subsection

(c) of this section attaches to the proceeds of the transfer with the same validity, perfection, and

priority the lien had on the property immediately before the transfer, even if the proceeds are not

sufficient to satisfy all obligations secured by the lien.

     (e) A transfer under subsection (c) of this section may occur by means other than a public

auction sale. A creditor holding a valid lien on the property to be transferred may purchase the

property and offset against the purchase price part or all of the allowed amount secured by the lien,

if the creditor tenders funds sufficient to satisfy in full the reasonable expenses of transfer and the

obligation secured by any senior lien extinguished by the transfer.

     (f) A reversal or modification of an order approving a transfer under subsection (c) of this

section does not affect the validity of the transfer to a person that acquired the property in good

faith or revive against the person any lien extinguished by the transfer, whether or not the person

knew before the transfer of the request for reversal or modification, unless the court stayed the

order before the transfer.


 

 

 

442)

Section

Added Chapter Numbers:

 

10-21-16.1

107 and 108

 

 

10-21-16.1. Use or transfer of receivership property in a temporary non-liquidating

receivership.

     The owner may use or transfer receivership property, by sale, lease, license, exchange or

other disposition, only:

     (1) With court approval; and

     (2) After the court approves the operating plan, in accordance with the plan.


 

 

 

443)

Section

Added Chapter Numbers:

 

10-21-17

107 and 108

 

 

10-21-17. Executory contract.

     (a) In this section, "timeshare interest" means a "time share" as defined in § 34-41-1.02.

     (b) Except as otherwise provided in subsection (h) of this section, with court approval, a

receiver may adopt or reject an executory contract of the owner relating to receivership property.

The court may condition the receiver's adoption and continued performance of the contract on terms

appropriate under the circumstances. If the receiver does not request court approval to adopt or

reject the contract within a reasonable time after the receiver's appointment, the receiver is deemed

to have rejected the contract.

     (c) A receiver's performance of an executory contract before court approval of its adoption

or rejection under subsection (b) of this section is not an adoption of the contract and does not

preclude the receiver from seeking approval to reject the contract.

     (d) A provision in an executory contract which requires or permits a forfeiture,

modification, or termination of the contract because of the appointment of a receiver or the financial

condition of the owner does not affect a receiver's power under subsection (b) of this section to

adopt the contract.

     (e) A receiver's right to possess or use receivership property pursuant to an executory

contract terminates on rejection of the contract under subsection (b) of this section. Rejection is a

breach of the contract effective immediately before appointment of the receiver. A claim for

damages for rejection of the contract must be submitted by the later of:

     (1) The time set for submitting a claim in the receivership; or

     (2) Thirty (30) days after the court approves the rejection.

     (f) If at the time a receiver is appointed, the owner has the right to assign an executory

contract relating to receivership property under the law of this state other than this chapter, the

receiver may assign the contract with court approval.

     (g) If a receiver rejects under subsection (b) of this section an executory contract for the

sale of receivership property that is real property in possession of the purchaser or a real-property

timeshare interest, the purchaser may:

     (1) Treat the rejection as a termination of the contract, and in that case the purchaser has a

lien on the property for the recovery of any part of the purchase price the purchaser paid; or

     (2) Retain the purchaser's right to possession under the contract, and in that case the

purchaser shall continue to perform all obligations arising under the contract and may offset any

damages caused by nonperformance of an obligation of the owner after the date of the rejection,

but the purchaser has no right or claim against other receivership property or the receiver on account

of the damages.

     (h) A receiver may not reject an unexpired lease of real property under which the owner is

the landlord if:

     (1) The tenant occupies the leased premises as the tenant's primary residence;

     (2) The receiver was appointed at the request of a person other than a mortgagee; or

     (3) The receiver was appointed at the request of a mortgagee and:

     (i) The lease is superior to the lien of the mortgage;

     (ii) The tenant has an enforceable agreement with the mortgagee or the holder of a senior

lien under which the tenant's occupancy will not be disturbed as long as the tenant performs its

obligations under the lease;

     (iii) The mortgagee has consented to the lease, either in a signed record or by its failure

timely to object that the lease violated the mortgage; or

     (iv) The terms of the lease were commercially reasonable at the time the lease was agreed

to and the tenant did not know or have reason to know that the lease violated the mortgage.


 

 

 

444)

Section

Added Chapter Numbers:

 

10-21-18

107 and 108

 

 

10-21-18. Defenses and immunities of receiver.

     (a) A receiver is entitled to all defenses and immunities provided by law of this state other

than this chapter for an act or omission within the scope of the receiver's appointment.

     (b) A receiver may be sued personally for an act or omission in administering receivership

property only with approval of the court that appointed the receiver.


 

 

 

445)

Section

Added Chapter Numbers:

 

10-21-19

107 and 108

 

 

10-21-19. Interim report of receiver.

     A receiver may file or, if ordered by the court, shall file an interim report that includes:

     (1) The activities of the receiver since appointment or a previous report;

     (2) Receipts and disbursements, including a payment made or proposed to be made to a

professional engaged by the receiver;

     (3) Receipts and dispositions of receivership property;

     (4) Fees and expenses of the receiver and, if not filed separately, a request for approval of

payment of the fees and expenses; and

     (5) Any other information required by the court.


 

 

 

446)

Section

Added Chapter Numbers:

 

10-21-19.1

107 and 108

 

 

10-21-19.1. Interim report of temporary non-liquidating receiver.

     In addition to the any interim report required by § 10-21-19, unless the court orders

otherwise, a temporary non-liquidating receiver shall file a monthly report that includes:

     (1) Development and implementation of the operating plan; and

     (2) The owner’s compliance with the operating plan and with this chapter.


 

 

 

447)

Section

Added Chapter Numbers:

 

10-21-20

107 and 108

 

 

10-21-20. Notice of appointment -- Claim against receivership -- Distribution to

creditors.

     (a) Except as otherwise provided in subsection (f) of this section, a receiver shall give

notice of appointment of the receiver to creditors of the owner by:

     (1) Deposit for delivery through first-class mail or other commercially reasonable delivery

method to the last known address of each creditor; and

     (2) Publication as directed by the court.

     (b) Except as otherwise provided in subsection (f) of this section, the notice required by

subsection (a) of this section must specify the date by which each creditor holding a claim against

the owner which arose before appointment of the receiver must submit the claim to the receiver.

The date specified must be at least four (4) months after the later of notice under subsection (a)(1)

of this section or last publication under subsection (a)(2) of this section. The court may extend the

period for submitting the claim. Unless the court orders otherwise, a claim that is not submitted

timely is not entitled to a distribution from the receivership.

     (c) A claim submitted by a creditor under this section must:

     (1) State the name and address of the creditor;

     (2) State the amount and basis of the claim;

     (3) Identify any property securing the claim;

     (4) Be signed by the creditor under penalty of perjury; and

     (5) Include a copy of any record on which the claim is based.

     (d) An assignment by a creditor of a claim against the owner is effective against the receiver

only if the assignee gives timely notice of the assignment to the receiver in a signed record.

     (e) At any time before entry of an order approving a receiver's final report, the receiver

may file with the court an objection to a claim of a creditor, stating the basis for the objection. The

court shall allow or disallow the claim according to law of this state other than this chapter.

     (f) If the court concludes that receivership property is likely to be insufficient to satisfy

claims of each creditor holding a perfected lien on the property, the court may order that:

     (1) The receiver need not give notice under subsection (a) of this section of the appointment

to all creditors of the owner, but only such creditors as the court directs; and

     (2) Unsecured creditors need not submit claims under this section.

     (g) Subject to § 10-21-21:

     (1) A distribution of receivership property to a creditor holding a perfected lien on the

property must be made in accordance with the creditor's priority under law of this state other than

this chapter; and

     (2) A distribution of receivership property to a creditor with an allowed unsecured claim

must be made as the court directs according to law of this state other than this chapter.


 

 

 

 

448)

Section

Added Chapter Numbers:

 

10-21-21

107 and 108

 

 

10-21-21. Fees and expenses.

     (a) The court may award a receiver from receivership property the reasonable and

necessary fees and expenses of performing the duties of the receiver and exercising the powers of

the receiver.

     (b) The court may order one or more of the following to pay the reasonable and necessary

fees and expenses of the receivership, including reasonable attorneys' fees and costs:

     (1) A person that requested the appointment of the receiver, if the receivership does not

produce sufficient funds to pay the fees and expenses; or

     (2) A person whose conduct justified or would have justified the appointment of the

receiver under § 10-21-6(a)(1).


 

 

 

 

449)

Section

Added Chapter Numbers:

 

10-21-21.1

107 and 108

 

 

10-21-21.1. Emergency declaration receivership program coordinator.

     The presiding justice of the superior court may appoint an individual to serve as program

coordinator to identify and coordinate sources for funding, legal services, accounting services, and

other appropriate services for temporary non-liquidating receiverships. The individual must have

appropriate qualifications for the position and shall serve at the pleasure of the presiding justice.

The program coordinator is not a judicial officer, but may be sued personally for an act or omission

in performing his or her duties only with the approval of the presiding justice. On application to the

presiding justice after notice and opportunity for hearing, the program coordinator may be awarded

reasonable compensation through an equitable charge on receivership property in temporary non-

liquidating receiverships.


 

 

 

450)

Section

Added Chapter Numbers:

 

10-21-22

107 and 108

 

 

10-21-22. Removal of receiver -- Replacement -- Termination of receivership.

     (a) The court may remove a receiver for cause.

     (b) The court shall replace a receiver that dies, resigns, or is removed.

     (c) If the court finds that a receiver that resigns or is removed, or the representative of a

receiver that is deceased, has accounted fully for and turned over to the successor receiver all

receivership property and has filed a report of all receipts and disbursements during the service of

the replaced receiver, the replaced receiver is discharged.

     (d) The court may discharge a receiver and terminate the court's administration of the

receivership property if the court finds that appointment of the receiver was improvident or that the

circumstances no longer warrant continuation of the receivership. If the court finds that the

appointment was sought wrongfully or in bad faith, the court may assess against the person that

sought the appointment:

     (1) The fees and expenses of the receivership, including reasonable attorneys' fees and

costs; and

     (2) Actual damages caused by the appointment, including reasonable attorneys' fees and

costs.


 

 

 

451)

Section

Added Chapter Numbers:

 

10-21-23

107 and 108

 

 

10-21-23. Final report of receiver -- Discharge.

     (a) On completion of a receiver's duties, the receiver shall file a final report including:

     (1) A description of the activities of the receiver in the conduct of the receivership;

     (2) A list of receivership property at the commencement of the receivership and any

receivership property received during the receivership;

     (3) A list of disbursements, including payments to professionals engaged by the receiver;

     (4) A list of dispositions of receivership property;

     (5) A list of distributions made or proposed to be made from the receivership for creditor

claims;

     (6) If not filed separately, a request for approval of the payment of fees and expenses of

the receiver; and

     (7) Any other information required by the court.

     (b) If the court approves a final report filed under subsection (a) of this section and the

receiver distributes all receivership property, the receiver is discharged.


 

 

 

452)

Section

Added Chapter Numbers:

 

10-21-24

107 and 108

 

 

10-21-24. Receivership in another state -- Ancillary proceeding.

     (a) The court may appoint a receiver appointed in another state, or that person's nominee,

as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of

the court for which a receiver could be appointed under this chapter, if:

     (1) The person or nominee would be eligible to serve as receiver under this chapter; and

     (2) The appointment furthers the person's possession, custody, control, or disposition of

property subject to the receivership in the other state.

     (b) The court may issue an order that gives effect to an order entered in another state

appointing or directing a receiver.

     (c) Unless the court orders otherwise, an ancillary receiver appointed under subsection (a)

of this section has the rights, powers, and duties of a receiver appointed under this chapter.


 

 

 

 

453)

Section

Added Chapter Numbers:

 

10-21-25

107 and 108

 

 

10-21-25. Effect of enforcement by secured party.

     A request by a secured party for appointment of a receiver, the appointment of a receiver,

or application by a secured party of receivership property or proceeds to the secured obligation

does not:

     (1) Make the secured party a mortgagee in possession of the real property;

     (2) Impose any duty on the secured party under § 6A-9-207;

     (3) Make the secured party an agent of the owner;

     (4) Constitute an election of remedies that precludes a later action to enforce the secured

obligation;

     (5) Make the secured obligation unenforceable; or

     (6) Limit any right available to the secured party with respect to the secured obligation.


 

 

 

 

454)

Section

Added Chapter Numbers:

 

10-21-26

107 and 108

 

 

10-21-26. Uniformity of application and construction.

     In applying and construing this uniform act, consideration must be given to the need to

promote uniformity of the law with respect to its subject matter among states that enact it.


 

 

 

 

455)

Section

Added Chapter Numbers:

 

10-21-27

107 and 108

 

 

10-21-27. Relation to electronic signatures in global and national commerce act.

     This chapter modifies, limits, or 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)).


 

 

 

 

456)

Section

Added Chapter Numbers:

 

10-21-28

107 and 108

 

 

10-21-28. Transition.

     This chapter does not apply to a receivership for which the receiver was appointed before

the effective date of this chapter.


 

 

 

 

457)

Section

Added Chapter Numbers:

 

10-21-28.1

107 and 108

 

 

10-21-28.1. Emergency declaration temporary non-liquidating receivership

transition provisions.

     (a) Notwithstanding § 10-21-28, the court may for cause apply this chapter to a receivership

for which a receiver was appointed before the effective date of this chapter, if the owner would

otherwise be eligible for a temporary non-liquidating receivership.

     (b) Unless extended by the general assembly, the emergency declaration provisions apply

only to a receivership in which the court first appoints a receiver:

     (1) If because of the COVID-19 pandemic, during the period beginning on the effective

date of this chapter and ending on June 30, 2022; or

     (2) If because of any other emergency, during the period beginning on the date the

emergency declaration is issued and ending ninety (90) days after the end of the emergency.


 

 

 

 

458)

Section

Added Chapter Numbers:

 

10-21-29

107 and 108

 

 

10-21-29. Official comments.

     It is the intention of the general assembly that the official comments to the Uniform

Commercial Real Estate Receivership Act as approved and recommended for enactment in all the

States by the National Conference of Commissioners on Uniform State Laws in 2015 represent the

express legislative intent of the general assembly and shall be used as a guide for interpretation of

this chapter.


 

 

 

 

459)

Section

Added Chapter Numbers:

 

11-9-5.4

161and162

 

 

11-9-5.4. Child endangerment.

     (a) When used in this section, the following words and phrases are construed as follows:

     (1) "Child" means any person under eighteen (18) years of age.

     (2) "Serious bodily injury" shall have the same definition as contained in § 11-5-2(c).

     (3) "Sexual abuse" means any sexual contact or penetration prohibited by chapter 37 of

title 11 of the general laws this title.

     (b) A person is guilty of endangering the welfare of a child when being a parent, guardian,

or any other person who has custody or control of a child, the person:

     (1) Wantonly or recklessly engages in conduct that creates a substantial risk of serious

bodily injury to the child or sexual abuse of the child; or

     (2) Wantonly or recklessly fails to take reasonable steps to alleviate such risk to the child

where there is a duty to act.

     (c) For purposes of this section, such wanton and reckless behavior occurs when a person

is aware of and consciously disregards a substantial and unjustifiable risk that their acts, or

omissions where there is a duty to act, would result in a substantial risk of serious bodily injury to

the child or sexual abuse of the child for which whom they have custody or control. The risk must

be of such nature and degree that disregard of the risk constitutes a gross deviation from the

standard of conduct that a reasonable person would observe in the situation.

     (d) Any person who shall violate this section shall be guilty of a felony, and for the first

offense, be imprisoned up to three (3) years or be fined not exceeding one thousand dollars

($1,000), or both.

     (e) Any person who has been previously convicted of child endangerment under this

section and thereafter commits child endangerment shall be imprisoned up to ten (10) years or be

fined not exceeding five thousand dollars ($5,000), or both.


 

 

460)

Section

Amended Chapter Numbers:

 

11-37-6

153 and 154

 

 

11-37-6. Third degree sexual assault.

     (a) Definitions. For purposes of this chapter, "position of authority" means and includes,

but is not limited to, any person who is acting in the place of a parent and charged with any of a

parent's rights, duties, or responsibilities to a person under the age of eighteen (18) years, or a

person who is charged with any duty or responsibility for the health, welfare, or supervision of a

person under the age of eighteen (18) years, either independently or through another, no matter how

brief, at the time of the act.

     (b) A person is guilty of third-degree sexual assault if:

     (1) he He or she is over the age of eighteen (18) years and engaged in sexual penetration

with another person over the age of fourteen (14) years and under the age of consent, sixteen (16)

years of age.; or

     (2) He or she is over the age of eighteen (18) years and engaged in sexual penetration or

sexual contact with another person over the age of fourteen (14) years and under the age of eighteen

(18) years, under circumstances whereby:

     (i) The accused has supervisory or disciplinary power over the victim by virtue of the

accused's legal, professional, or occupational status; or

     (ii) The accused is otherwise acting in a position of authority with respect to the victim.

     (iii) It shall not be a violation of subsection (b)(2) of this section if the parties are:

     (A) Engaging in sexual penetration or contact consensually;

     (B) Between the ages of sixteen (16) and twenty (20) years; and

     (C) No more than thirty (30) months apart in age.


 

 

 

 

461)

Section

Amended Chapter Numbers:

 

11-37-13.1

214 and 215

 

 

11-37-13.1. Recording -- Grand jury testimony -- Child assault.

     (a)(a) In any grand jury proceeding investigating a sexual assault alleged to have been

committed against a child, a recording of a statement from the alleged victim who is fourteen (14)

sixteen (16) years of age or younger at the time of the proceeding shall be admissible into evidence

at the proceeding if:

     (1) The statement is sworn to under oath by the child, and the significance of the oath is

explained to the child;

     (2) The recording is both visual and aural and is recorded on film or videotape or by other

electronic means;

     (3) The recording equipment was capable of making an accurate recording, the operator of

the equipment was competent, and the recording is accurate and has not been altered;

     (4) Every voice on the recording is identified;

     (5) The statement was not made in response to questioning calculated to lead the child to

make a particular statement;

     (6) The person conducting the interview is an attorney in the department of the attorney

general or another person chosen by the attorney general to make the proceeding less intimidating

to the child, and the interviewer is available to testify at the proceeding;

     (7) The child is available to testify if requested by the grand jurors; and

     (8) The recording is made a part of the record of the grand jury.

     (b) In any grand jury proceeding investigating a sexual assault alleged to have been

committed against a child, a recording of a statement from the alleged victim who is more than

fourteen (14) years of age and less than eighteen (18) years of age at the time of the proceeding

shall be admissible into evidence at the proceeding if:

     (1) The attorney general petitions the court for permission to introduce the recording at the

proceeding; and

     (2) The court grants the petition upon a finding that the child would suffer unreasonable

and unnecessary mental or emotional harm if required to appear personally before the grand jury

in order to testify; and

     (3) All of the conditions as set forth in subsection (a) of this section are followed.


 

 

 

 

462)

Section

Amended Chapter Numbers:

 

11-41-12

69 and 70

 

 

11-41-12. Fraudulent conversion by agent or factor.

     Every agent or factor who shall deposit or pledge any goods, wares, or merchandise or any

bill of lading, receipt, or certificate of a warehouse keeper or inspector, or any warrant or order for

the delivery of goods with which he or she shall have been entrusted, or which shall have been

consigned to him or her as a security for any money or other property borrowed or received by the

agent or factor, and shall apply or dispose of the proceeds to his or her own use, in violation of

good faith, and with intent to defraud any owner of the goods, shall be deemed and taken to be

guilty of a misdemeanor felony and shall be fined not exceeding one thousand dollars ($1,000) or

be imprisoned not exceeding five (5) years.


 

 

 

 

463)

Section

Amended Chapter Numbers:

 

11-47-2

133 and 134

 

 

11-47-2. Definitions.

     When used in this chapter, the following words and phrases are construed as follows:

     (1) "3D printing process" means 3D printing or additive manufacturing which is a process

of making three (3) dimensional solid objects from a computer file and shall include any of various

processes in which material is joined or solidified under computer control to create a three (3)

dimensional object, with material being added together including liquid molecules, or powder

grains.

     (2) "Antique firearm" is defined as that term is defined under the provisions of 18 U.S.C.

§ 921.

     (3) "Binary trigger" means a device that replaces a standard trigger on a semi-automatic

weapon and is designed to fire one round on the pull of the trigger and another round upon release

of the trigger.

     (4) "Bump-fire stock" means any device that replaces a semi-automatic weapon's standard

stock and is designed to slide back and forth rapidly, harnessing the weapon's recoil to rapidly fire

the weapon.

     (5) "Crime of violence" means and includes any of the following crimes or an attempt to

commit any of them: murder, manslaughter, rape, first- or second-degree sexual assault, first- or

second-degree child molestation, kidnapping, first- and second-degree arson, mayhem, robbery,

burglary, breaking and entering, any felony violation involving the illegal manufacture, sale, or

delivery of a controlled substance, or possession with intent to manufacture, sell, or deliver a

controlled substance classified in schedule I or schedule II of § 21-28-2.08, any violation of § 21-

28-4.01.1 or § 21-28-4.01.2 or conspiracy to commit any violation of these statutes, assault with a

dangerous weapon, assault or battery involving grave bodily injury, or assault with intent to commit

any offense punishable as a felony; upon any conviction of an offense punishable as a felony

offense under § 12-29-5.

     (6) "Firearm" 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 that may readily

be converted to expel a projectile, except crossbows, recurve, compound, or longbows, and except

instruments propelling projectiles 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 under the

provisions of this section.

     (7) "Fugitive from justice" means any person who has fled from any state, territory, the

District of Columbia, or possession of the United States to avoid prosecution for a crime of violence

or to avoid giving testimony in any criminal proceeding.

     (8) "Ghost gun" means a firearm, including a frame or receiver, that lacks a unique serial

number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer,

maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. It does

not include a firearm that has been rendered permanently inoperable, or a firearm that is not

required to have a serial number in accordance with the federal Gun Control Act of 1968.

     (9) "Licensing authorities" means the board of police commissioners of a city or town

where the board has been instituted, the chief of police or superintendent of police of other cities

and towns having a regular organized police force, and, in towns where there is no chief of police

or superintendent of police, it means the town clerk who may issue licenses upon the

recommendation of the town sergeant, and it also means any other person or body duly authorized

by the city or town charter or by state law.

     (10) "Machine gun" means any weapon that shoots, is designed to shoot, or can be readily

restored to shoot automatically more than one shot, without manual reloading, by a single function

of the trigger. The term also includes the frame or receiver of the weapon, any combination of parts

designed and intended for use in converting a weapon into a machine gun, and any combination of

parts from which a machine gun can be assembled if the parts are in the possession or under the

control of a person.

     (11) "Major component" means, with respect to a firearm:

     (i) The slide or cylinder or the frame or receiver of the firearm; and

     (ii) In the case of a rifle or shotgun, includes the barrel of the firearm.

     (12) "Person" includes an individual, partnership, firm, association, or corporation.

     (13) "Pistol" includes any pistol or revolver, and any shotgun, rifle, or similar weapon with

overall length less than twenty-six inches (26"), but does not include any pistol or revolver designed

for the use of blank cartridges only.

     (14) "Rifle" shall have the same meaning as in 26 U.S.C. § 5845 (c), and by barrel length

and overall length not be subject to registration pursuant to the National Firearms Act, 26 U.S.C.

ch. 53 (prior § 5801 et. seq.).

     (14)(15) "Sawed-off rifle" means any rifle with overall length of less than twenty-six inches

(26") or barrel length of less than sixteen inches (16").

     (15)(16) "Sawed-off shotgun" means any shotgun with overall length of less than twenty-

six inches (26") or barrel length of less than eighteen inches (18").

     (16)(17) "Sell" includes let or hire, give, lend, and transfer, and "purchase" includes hire,

accept, and borrow, and "purchasing" shall be construed accordingly.

     (18) "Shotgun" shall have the same meaning as in 26 U.S.C. § 5845 (d), and by barrel

length and overall length not be subject to registration pursuant to the National Firearms Act, 26

U.S.C. ch 53 (prior § 5801 et. seq.).

     (17)(19) "Trigger crank" means a trigger actuator that attaches to the trigger of a semi-

automatic weapon and causes the weapon to fire by turning the crank handle.

     (18)(20) "Undetectable firearm" means any firearm that:

     (i) After removal of all parts, other than a major component, is not as detectable by walk-

through metal detectors commonly used at airports or other public buildings; or

     (ii) Any major component of which, if subjected to inspection by the types of detection

devices commonly used at airports or other public buildings for security screening, would not

generate an image that accurately depicts the shape of the component; or

     (iii) Is manufactured wholly of plastic, fiberglass, or through a 3D printing process; or

     (iv) Upon which the frame or receiver lacks a unique serial number engraved or cased into

on the frame or receiver by a licensed manufacturer, maker, or importer under federal law, or

markings in accordance with 27 C.F.R. § 479.102. Provided, however, this subsection shall not

apply to any firearm rendered permanently inoperable or a firearm manufactured prior to 1968.


 

 

 

 

464)

Section

Amended Chapter Numbers:

 

11-47-9

378 and 379

 

 

11-47-9. Persons exempt from restrictions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

purchase or receive firearms from the United States or this state, provided these members are at, or

going to or from, their places of assembly or target practice; nor to officers or employees of the

United States authorized by law to carry a concealed firearm; nor to any civilian guard or criminal

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

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

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

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

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

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

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

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

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

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

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

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

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

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

to their place of business or from their place of business to their residence, or to a federal firearms

licensee for the purpose of sale, to or from a bona fide gunsmith, or firearms repair facility, to any

police station or other location designated as a site of a bona fide "gun buy-back" program, but only

if said pistol or revolver is unloaded and any ammunition for said pistol or revolver is not readily

or directly accessible from the passenger compartment of such vehicle while transporting same and

further provided, that in the case of a vehicle without a compartment separate from the passenger

compartment, the firearm or the ammunition shall be stored in a locked container.

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

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

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

firearms as merchandise or as household or business goods.


 

 

 

465)

Section

Amended Chapter Numbers:

 

11-47-17

212 and 213

 

 

11-47-17. Qualifications required of law enforcement officers appointed after June

17, 1959.

     Except as provided in § 11-47-15.3, all law enforcement officers of this state and its

political subdivisions whose permanent appointment shall take place after June 17, 1959, will be

required to qualify with the pistol or revolver with which they are armed prior to their permanent

appointment, that qualification to be the same as that required in § 11-47-15. Town constables or

police constables, special officers, and all law enforcement officers, who by law are authorized to

carry side arms and whose appointments are made on a recurring basis, will be required to qualify

not later than one year following the date of enactment of this section and their commissions or

warrants will be plainly marked or stamped "QUALIFIED WITH PISTOL OR REVOLVER" and

will be signed and dated by the certifying authority attesting to that fact. The failure of any law

enforcement officer to qualify under the provisions of this section revokes his or her privilege of

carrying a pistol or revolver, whether concealed or not, on or about his or her person. All law

enforcement officers of this state and its political subdivisions will repeat this qualification at

periods of not more than one year, except for correctional officers who must repeat this qualification

every two (2) years.


 

 

 

 

466)

Section

Amended Chapter Numbers:

 

11-47-17.1

212 and 213

 

 

11-47-17.1. Mandatory or discretionary nature of § 11-47-15.1 requirements --

Qualification reports to be filed.

     (a) All law enforcement officers of this state and its political subdivisions, whose

permanent appointment shall take place later than June 6, 1970, shall be required to qualify with

the pistol or revolver with which they are armed prior to their permanent appointment, that

qualification to be as required in §§ 11-47-15.1 and 11-47-15.3. All permanent appointed law

enforcement officers of this state and its political subdivisions who are required to qualify under §

11-47-17 may, at the discretion of the officer, qualify under either § 11-47-15, § 11-47-15.1 or §

11-47-15.3. The failure of any law enforcement officer to qualify under the provisions of this

section revokes his or her privilege of carrying a pistol or revolver, whether concealed or not, on

or about his or her person. Qualification under this section will be required at periods of not more

than one year, except for correctional officers who must repeat this qualification every two (2)

years.

     (b) Copies of all of the qualification reports shall be filed with the office of the attorney

general.


 

 

 

467)

Section

Amended Chapter Numbers:

 

11-47-30

135 and 136

 

 

11-47-30.  Transfer or delivery of firearms to minors.

     (a) It shall be unlawful within this state for any person to sell, transfer, give, convey, or

cause to be sold, transferred, given, or conveyed any firearm to any person under eighteen (18)

years of age, when the person knows or has reason to know that the recipient is under eighteen (18)

years of age, except for the limited purposes set forth in §§ 11-47-33 and 11-47-34 and with the

prior approval or consent of the parent or legal guardian of the minor.

     (b) Every person violating this section shall be punished, upon conviction, by

imprisonment for not less than ten (10) years and not more than twenty (20) years. The prohibitions

of this section shall not apply to any federally and state licensed retail dealer who makes reasonable

efforts to verify a purchaser's age and shall not apply to the sale of an air rifle, air pistol, "blank

gun", or "BB gun."


 

 

 

468)

Section

Amended Chapter Numbers:

 

11-47-33

135 and 136

 

 

11-47-33. Possession of firearms by minors.

     (a) It shall be unlawful within this state for any person under eighteen (18) years of age to

possess and use any firearm unless he or she shall hold a permit as provided in § 11-47-34, and

unless the person is in the presence of a parent or guardian or supervising adult at any regular and

recognized camp or rifle range approved by the Rhode Island state police or by the chief of police

of the city or town in which the camp or rifle range is located; provided, that this provision shall

not apply to minors engaged in lawful hunting activity under the supervision of a parent or guardian

or qualified adult, minors participating in Reserve Officer Training Corps programs, ceremonial

parade activities, competitive and target shooting, participants in state militia activities and minors

participating in a basic firearms education program; provided, further, that a person under eighteen

(18) years of age may carry a firearm, unloaded, in a suitable case to and from his or her home and

the camp or range and from the camp or range to other camp or range when accompanied by a

parent, guardian, or supervising adult.

     (b) For purposes of this section only, "qualified adult" means any person twenty-one (21)

years of age or older and permitted by law to possess and use the firearm.


 

 

469)

Section

Repealed Chapter Numbers:

 

11-47-34

135 and 136

 

 

11-47-34. [Repealed].


 

 

 

470)

Section

Amended Chapter Numbers:

 

11-47-35.2

135 and 136

 

 

11-47-35.2. Sale of rifles/shotguns.

     (a) No person shall deliver a rifle or shotgun to a purchaser until seven (7) days shall have

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

purchase, and when delivered, the rifle or shotgun shall be unloaded and securely wrapped, with

the bill of sale for it to be enclosed within the wrapper with the rifle or shotgun. Any citizen of the

United States and/or lawful resident of this state who is eighteen (18) twenty-one (21) years of age

or older, and any nonresident member of the armed forces of the United States who is stationed in

this state and who is eighteen (18) twenty-one (21) years of age or older, may, upon application,

purchase or acquire a rifle or shotgun. At the time of applying for the purchase of a shotgun or rifle

the purchaser shall complete and sign in triplicate and deliver to the seller the application form

described in this section, and in no case shall it contain the serial number of the rifle or shotgun.

(Face of application form)

Application to Purchase Shotgun or Rifle

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

Name

Address

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

Date of Birth Place of Birth

Height Weight Color hair

Color eyes

Scars

Tattoos

Other identifying marks

Are you a citizen of the United States

Are you a citizen of Rhode Island

How long

Where stationed

(Armed Forces only)

Number of rifles and/or shotguns to be purchased

Have you ever been convicted of a crime of violence

(See § 11-47-2 General Laws of Rhode Island)

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

Have you ever been adjudicated or under confinement for alcoholism

Have you ever been confined or treated for mental illness

From whom is shotgun or rifle being purchased

Seller's address

Seller's signature

Applicant's signature

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

(Reverse side of application form)

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

-- 11-47-59, inclusive, of the general laws of the State of Rhode Island, and that I am aware of the

penalties for violation of the provisions of the cited sections.

     Signed

     County of

     State of Rhode Island

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

      Notary Public

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

     (b) The person who is selling the rifle or shotgun shall, on the date of application, sign and

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

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

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

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

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

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

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

expeditious means to the seller. The triplicate copy duly signed by the seller shall within seven (7)

days be sent by him or her by registered mail, by delivery in person, or by electronic mail, to the

attorney general. The person who is selling the rifle or shotgun shall retain the original copy duly

receipted by the police authority to whom sent or delivered for a period of six (6) years with other

records of the sale. It shall be the duty of the police authority to whom the duplicate copy of the

application form is sent or delivered to make a background check of the applicant to ascertain

whether he or she falls under the provisions of § 11-47-5, § 11-47-6, § 11-47-7, or § 11-47-23. If,

after the lapse of seven (7) days from twelve o'clock (12:00) noon of the day following application,

no disqualifying information has been received from the investigating police authority by the

person who is selling the rifle or shotgun, he or she will deliver the firearm applied for to the

purchaser. Upon the finding of no disqualifying information under the provisions of the above cited

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

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

triplicate copies in violation of this chapter or any unauthorized use of the information contained

in them by a person or agency shall be punishable by a fine of not more than one thousand dollars

($1,000). The provisions of this section shall not apply to bona fide sales at wholesale to duly

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

47-39.

     (c) The provisions of this section shall not apply to full-time members of the state police,

full-time members of city or town police departments, persons licensed under §§ 11-47-9 and 11-

47-11, or to sales of air rifles or "BB guns" or to sales of antique firearms as defined in § 11-47-2.


 

 

 

471)

Section

Amended Chapter Numbers:

 

11-47-37

135 and 136

 

 

11-47-37. Sale to minors and others forbidden.

     No person shall sell a pistol or revolver firearm to any person under the age of twenty-one

(21) or to one who he or she has reasonable cause to believe falls under the provisions of § 11-47-

5, § 11-47-6, § 11-47-7, or § 11-47-23.


 

 

 

 

472)

Section

Added Chapter Numbers:

 

11-47-37.1

135 and 136

 

 

11-47-37.1. Persons exempt from age restrictions.

     The provision of § 11-47-35.2 prohibiting the sale of rifles and shotguns to any person

under twenty-one (21) years of age and the provisions of § 11-47-37 shall not apply to full-time

members of the state police, full-time members of the state marshal's office, full-time members of

city or town police departments, or state marshals or correctional officers or persons while serving

on active duty as a member of the United States armed forces or organized reserved or National

Guard.


 

 

 

 

 

 

 

473)

Section

Amended Chapter Numbers:

 

11-47-51

133 and 134

 

 

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

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

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

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

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

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

or their deputies, members of the city or town police force, investigators of the department of

attorney general appointed pursuant to § 42-9-8.1, the director, assistant director and other

inspectors and agents at the Rhode Island state fugitive task force appointed pursuant to § 12-6-7.2,

nor to other duly appointed law enforcement officers, including conservation officers, nor to

members of the Army, Navy, Air force Force, or Marine Corps of the United States, or the National

Guard or organized reserves, when on duty, nor to officers or employees of the United States

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

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

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

he or she is employed by the United States; nor to persons legally engaged in hunting activity

pursuant to the provisions of chapters chapter 13 or 18 of title 20.

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

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

or both.


 

 

 

474)

Section

Added Chapter Numbers:

 

11-47-64

135 and 136

 

 

11-47-64. Sale of ammunition.

     (a) For the purposes of this section "ammunition" means a loaded cartridge, consisting of

a primed case, propellant or projectile, designed for use in any firearm as defined in § 11-47-2.

     (b) No person, firm or corporation shall sell ammunition to any person unless such person

is twenty-one (21) years of age or older and, after December 31, 2022, holds a valid pistol/revolver

safety certificate or Rhode Island hunter education course card issued by the department of

environmental management.

     (c) The provisions of subsection (b) of this section shall not apply to full-time members of

the state police, full-time members of the state marshal's office, full-time members of city or town

police departments, or state marshals or correctional officers, persons serving on active duty as a

member of the United States armed forces or organized reserves or National Guard, or persons

licensed to carry a firearm pursuant to §§ 11-47-11 or § 11-47-18.

     (d) Any person who violates any provision of this section shall be guilty of a felony and

may be punished by up to five (5) years imprisonment and/or a five thousand dollar ($5,000) fine.


 

 

 

475)

Section

Amended Chapter Numbers:

 

11-68-1

77 and 78

 

 

11-68-1. Definitions.

     As used in this chapter:

     (1) "Business relationship" means a relationship between two (2) or more individuals or

entities where there exists an oral or written contract or agreement for goods or services.

     (2) "Caregiver" means a person who has been entrusted with or has assumed responsibility

for the care or the property of an elder person. Caregiver includes, but is not limited to, relatives,

court-appointed or voluntary guardians, adult household members, neighbors, healthcare providers,

and employees and volunteers of elder care facilities.

     (3) "Deception" means misrepresenting or concealing a material fact relating to:

     (i) Services rendered, disposition of property, or use of property, when such services or

property are intended to benefit an elder person; or

     (ii) Terms of a contract or agreement entered into with an elder person; or

     (iii) An existing or preexisting condition of any property involved in a contract or

agreement entered into with an elder person; or

     (iv) Using any misrepresentation, false pretense, or false promise in order to induce,

encourage, or solicit an elder person to enter into a contract or agreement.

     (4) "Elder person" means a person sixty-five (65) sixty (60) years of age or older.

     (5) "Intimidation" means the communication by word or act to an elder person that the

elder person will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical

services, money, or financial support or will suffer physical violence.

     (6) "Lacks capacity to consent" means an impairment by reason of mental illness,

developmental disability, organic brain disorder, physical illness or disability, short-term memory

loss, or other cause, that causes an elder person to lack sufficient understanding or capacity to make

or communicate reasonable decisions concerning the elder person's person or property.

     (7) "Position of trust and confidence" with respect to an elder person means the position of

a person who:

     (i) Is a spouse, adult child, or other relative by blood or marriage of the elder person;

     (ii) Is a joint tenant or tenant in common with the elder person;

     (iii) Has a legal or fiduciary relationship with the elder person including, but not limited

to, a court-appointed or voluntary guardian, trustee, attorney, or conservator;

     (iv) Is the caregiver of the elder person; or

     (v) Is any other person who has been entrusted with or has assumed responsibility for the

use or management of the elder person's funds, assets, or property.


 

 

 

 

476)

Section

Amended Chapter Numbers:

 

11-70

67 and 68

 

 

CHAPTER 70

FALSE REPRESENTATION OF MILITARY STATUS


 

 

 

 

477)

Section

Amended Chapter Numbers:

 

11-70-1

67 and 68

 

 

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

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

obtain money or property:

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

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

and National Guard, through the unauthorized manufacture, sale, or use of military regalia or gear,

including the wearing of military uniforms, or the use of falsified military identification, and

obtains money or property through such fraudulent representation; or

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

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

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

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

fraudulent representation.

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

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

($1,000), or both.

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

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

to § 30-3-41.


 

 

 

 

478)

Section

Amended Chapter Numbers:

 

12-1-12.1

253 and 254

 

 

12-1-12.1. Sealing of records of persons acquitted or otherwise exonerated or by operation of law or

by motion.

     (a) By operation of law, the court shall automatically seal the records of any criminal case

that was dismissed pursuant to the district court rule of criminal procedure 48(a), including all

records of the division of criminal identification established by § 12-1-4 without the requirement

of filing a motion under the following circumstances:

     (1) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) on or

after January 1, 2023, shall be automatically sealed ninety (90) days after the dismissal; or

     (2) Cases dismissed pursuant to the district court rule of criminal procedure 48(a) prior to

January 1, 2023, shall be sealed administratively by the court clerk at the request of the defendant

and any sealing order of the district court entered as a result shall be sent electronically by the clerk

of the court to the bureau of criminal identification established by § 12-1-4 within five (5) days of

the entry of the order and shall be carried out within ninety (90) days of the receipt of the order.

     (a)(b) Any person who is acquitted or otherwise exonerated of all counts in a criminal case,

including, but not limited to, dismissal dismissals not described in subsection (a) of this section or

filing of a no true bill or no information, may file a motion for the sealing of his or her court records

in the case.

     (b)(1) Any person filing a motion for sealing his or her court records pursuant to this section

shall give notice of the hearing date set by the court to the department of the attorney general and

the police department that originally brought the charge against the person at least ten (10) days

prior to the hearing.

     (c)(2) If the court, after the hearing at which all relevant testimony and information shall

be considered, finds that the person is entitled to the sealing of the records, it shall order the sealing

of the court records of the person in that case.

     (d)(3) The clerk of the court shall, within forty-five (45) days of the order of the court

granting the motion, place under seal the court records in the case in which the acquittal, dismissal,

no true bill, no information, or other exoneration has been entered.

     (e)(c) Notwithstanding any other provision of this section, in all cases involving a filing

subsequent to a plea of not guilty, guilty, or nolo contendere to a charge of a crime involving

domestic violence, the court having jurisdiction over the case shall retain the records of the case

for a period of three (3) years from the date of filing. The records shall not be expunged or sealed

for a period of three (3) years from the date of the filing.

     (f)(d) The defendant shall be advised at the hearing that any and all bail money relating to

a case that remains on deposit and is not claimed at the time of sealing shall be escheated to the

state's general treasury in accordance with chapter 12 of title 8.


 

 

 

479)

Section

Added Chapter Numbers:

 

12-1.3-5

31 and 32, 234

 

 

12-1.3-5. Expungement of marijuana records.

     (a) Any person with a prior civil violation, misdemeanor or felony conviction for

possession only of a marijuana offense that has been decriminalized subsequent to the date of

conviction shall be entitled to have the civil violation or criminal conviction automatically

expunged, notwithstanding the provisions of chapter 1.3 of title 12. For purposes of this section,

"conviction" means, in addition to judgments of conviction entered by a court subsequent to a

finding of guilty, or plea of guilty, those instances where the defendant has entered a plea of nolo

contendere and has received a jail sentence or a suspended jail sentence, or those instances wherein

the defendant has entered into a deferred sentence agreement with the Rhode Island attorney

general and the period of deferment has not been completed.

     (b) Records shall be expunged pursuant to procedures and a timeline to be determined by

the presiding justice; provided however, that all eligible records shall be expunged before July 1,

2024.

     (c) The presiding justice may provide for an expedited procedure for expungement of a

prior misdemeanor or felony conviction for possession only of a marijuana offense that has been

decriminalized subsequent to the date of conviction. Any such expedited procedure shall require a

written request by the person requesting expungement, and any expedited expungement shall be

granted in accordance with a timeline to be determined by the presiding justice.

     (d) If the amount of marijuana is not stated in the record of conviction or any related record,

report or document, then the court shall presume the amount to have been two ounces (2 oz.) or

less.

     (e) Any person who has been incarcerated for misdemeanor or felony possession of

marijuana shall have all court costs waived with respect to expungement of his or her criminal

record under this section.

     (f) If the court determines a record is to be expunged in accordance with the provisions of

this section, it shall order all records and records of conviction or civil adjudication relating to the

conviction or civil adjudication expunged and all index and other references to it removed from

public inspection. Within a reasonable time, the court shall send a copy of the order to the

department of the attorney general, the police department that originally brought the charge against

the person, and any other agency known by the petitioner to have possession of the records of

conviction or adjudication.

     (g) Eligible expungement of convictions and civil adjudications pursuant to this section

shall be granted notwithstanding the existence of:

     (1) Prior arrests, convictions, or civil adjudications including convictions for crimes of

violence as defined by § 12-1.3-1;

     (2) Pending criminal proceedings; and

     (3) Outstanding court-imposed or court-related fees, fines, costs, assessments or charges.

Any outstanding fees, fines, costs, assessments or charges related to the eligible conviction or civil

adjudication shall be waived.

     (h) Nothing in this section shall be construed to restrict or modify a person's right to have

their records expunged, except as otherwise may be provided in this chapter, or diminish or

abrogate any rights or remedies otherwise available to the individual.

     (i) The existence of convictions in other counts within the same case that are not eligible

for expungement pursuant to this section or other applicable laws shall not prevent any conviction

otherwise eligible for expungement under this section from being expunged pursuant to this section.

In such circumstances, the court shall make clear in its order what counts are expunged and what

counts are not expunged and/or remain convictions. In such circumstances, notwithstanding

subsection (e) of this section, any expungement pursuant to this subsection shall not affect the

records related to any count or conviction in the same case that are not eligible for expungement.

     (j) Nothing in this section shall be construed to require the court or any other private or

public agency to reimburse any petitioner for fines, fees, and costs previously incurred, paid or

collected in association with the eligible conviction or civil adjudication.

     (k) Any conviction or civil adjudication ordered expunged pursuant to this section shall not

be considered as a prior conviction or civil adjudication when determining the sentence to be

imposed for any subsequent crime or civil violation.

     (l) In any application for employment, license, or other civil right or privilege, or any

appearance as a witness, a person whose conviction of a crime or civil adjudication has been

expunged pursuant to this chapter may state that he or she has never been convicted of the crime

or found to be a civil violator; provided, that, if the person is an applicant for a law enforcement

agency position, for admission to the bar of any court, an applicant for a teaching certificate, under

chapter 11 of title 16, a coaching certificate under § 16-11.1-1, or the operator or employee of an

early childhood education facility pursuant to chapter 48.1 of title 16, the person shall disclose the

fact of a conviction or civil adjudication.

     (m) Whenever the records of any conviction or civil adjudication of an individual have

been expunged under the provisions of this section, any custodian of the records of conviction or

civil adjudication relating to that crime or violation shall not disclose the existence of the records

upon inquiry from any source, unless the inquiry is that of the individual whose record was

expunged, that of a bar admission, character and fitness, or disciplinary committee, board, or

agency, or court which is considering a bar admission, character and fitness, or disciplinary matter,

or that of the commissioner of elementary and secondary education, or that of any law enforcement

agency when the nature and character of the offense in which an individual is to be charged would

be affected by virtue of the person having been previously convicted or adjudicated of the same

offense. The custodian of any records which have been expunged pursuant to the provisions of this

section shall only release or allow access to those records for the purposes specified in this

subsection or by order of a court.

     (n) The judiciary and its employees and agents are immune from any civil liability for any

act of commission or omission, taken in good faith, arising out of and in the course of participation

in, or assistance with the expungement procedures set forth in this section. This immunity shall be

in addition to and not in limitation of any other immunity provided by law.

 

PL.234

  (b) Records shall be expunged pursuant to procedures and a timeline to be determined by

the presiding chief justice; provided however, that all eligible records shall be expunged before

July 1, 2024.

     (c) The presiding chief justice may provide for an expedited procedure for expungement

of a prior misdemeanor or felony conviction for possession only of a marijuana offense that has

been decriminalized subsequent to the date of conviction. Any such expedited procedure shall

require a written request by the person requesting expungement, and any expedited expungement

shall be granted in accordance with a timeline to be determined by the presiding chief justice.

     (d) If the amount of marijuana is not stated in the record of conviction or any related record,

report or document, then the court shall presume the amount to have been two ounces (2 oz.) or

less.


 

 

 

 

 

480)

Section

Amended Chapter Numbers:

 

12-1.5-8

210 and 211

 

 

12-1.5-8. DNA sample required upon arrest or conviction for any crime of violence.

     (a) Every person arrested for a crime of violence as defined in § 12-1.5-2, who pleads guilty

or nolo contendere, or is convicted of any felony shall have a DNA sample taken for analysis as

follows:

     (1) Every person who is sentenced to a term of confinement to prison, for any crime of

violence as defined in § 12-1.5-2, or any felony shall not be released prior to the expiration of his

or her maximum term of confinement unless and until a DNA sample has been taken;

     (2) Every person convicted of any crime of violence as defined in § 12-1.5-2, or any felony,

or who is sentenced thereon to any term of probation, or whose case is referred to a diversion

program, or upon whose case sentencing is deferred shall have a DNA sample taken for analysis

by the department of the health as a condition of any sentence which disposition will not involve

an intake into prison.

     (b) Every person arrested for any crime of violence as defined in § 12-1.5-2 shall, at the

time of booking, have a DNA sample taken for analysis and included in the Rhode Island DNA

database and DNA databank respectively as required by this chapter and every such person shall

be notified of his or her expungement rights under § 12-1.5-13 at or near the time the DNA sample

is taken.

     (1) The DNA sample shall be submitted by the arresting authority to the department of

health. The department of health shall not test or place the sample in the statewide DNA database

prior to arraignment unless one of the following conditions has been met:

     (i) The arrestee appeared before any judicial officer for an arraignment and the judicial

officer made a finding that there was probable cause for the arrest; or

     (ii) The defendant was released and then failed to appear for the initial hearing, or escaped

custody prior to appearing before a judicial officer.

     (2) If all qualifying criminal charges are determined to be unsupported by probable cause:

     (i) The DNA sample shall be immediately destroyed; and

     (ii) Notice shall be sent by the prosecuting authority to the defendant and counsel of record

for the defendant that the sample was destroyed.

     (3) The arrestee requests or consents to having their DNA sample processed prior to

arraignment for the sole purpose of having the sample checked against a sample that has been

processed from the crime scene or the hospital, and is related to the charges against the person.

     (4) A second DNA sample shall be taken if needed to obtain sufficient DNA for the

statewide DNA database system or if ordered by the court for good cause shown.

     (c) All DNA samples taken pursuant to this section shall be taken in accordance with

regulations promulgated by the department of health.

     (d) The director of the department of health shall promulgate rules and regulations

governing the periodic review of the DNA identification database to determine whether or not the

database contains DNA profiles that should not be in the database, including the steps necessary to

expunge any profiles that the department determines should not be in the database.

     (e) The requirements of this chapter are mandatory. In the event that an arrestee's DNA

sample is not adequate for any reason, the arrestee shall provide another DNA sample for analysis.

     (f) A sample does not need to be collected if the person has previously provided a sample

sufficient for DNA testing pursuant to the provisions of this section.


 

 

 

481)

Section

Amended Chapter Numbers:

 

12-5.1-1

53 and 54

 

 

12-5.1-1. Definitions.

     As used in this chapter:

     (1) "Aggrieved person" means an individual who was a party to any intercepted wire,

electronic, or oral communication or against whom the interception was directed.

     (2) "Communications common carrier" has the same meaning given the term "common

carrier" by 47 U.S.C. § 153(11).

     (3) "Contents," when used with respect to any wire, electronic, or oral communication,

includes any information concerning the identity of the parties to that communication or the

existence, substance, purport, or meaning of that communication.

     (4) "Designated offense" means the offenses of:

     (i) Murder, robbery, kidnapping, extortion, assault with a dangerous weapon, and assault

with intent to rob or murder;

     (ii) Arson in the first degree, arson in the second degree, or arson in the third degree;

     (iii) Bribery or larceny involving the receipt of stolen property of a value of more than five

hundred dollars ($500);

     (iv) Any violation of chapter 28 of title 21 where the offense is punishable by imprisonment

for more than one year;

     (v) Any violation of chapters 19, 47, or 51 of title 11, where the offense is punishable by

imprisonment for more than one year;

     (vi) The lending of money at a rate of interest in violation of law;

     (vii) Being a fugitive from justice for any of the offenses provided in this subdivision; and

     (viii) Any violation of chapter 67.1 of title 11 where the offense is punishable by

imprisonment for more than one year; and

     (viii) (ix) Conspiracy to commit any of the offenses provided in this subdivision.

     (5) "Electronic communication" means any transfer of signs, signals, writing, images,

sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio,

electromagnetic, photoelectronic or photooptical system, but does not include:

     (i) Any wire or oral communication;

     (ii) Any communication made through a tone-only paging device; or

     (iii) Any communication from a tracking device.

     (6) "Electronic communication service" means any service which provides to users the

ability to send or receive wire or electronic communications.

     (7) "Electronic, mechanical, or other device" means any device or apparatus which can be

used to intercept wire, electronic, or oral communications other than:

     (i) Any telephone or telegraph instrument, equipment, or facility or any component of

telephone or telegraph instruments, equipment, or facilities, furnished to the subscriber or user by

a provider of wire or electronic communication service in the ordinary course of its business, and

being used by the subscriber or user in the ordinary course of business, or by an investigative or

law enforcement officer in the ordinary course of his or her duties; or

     (ii) A hearing aid or similar device which is being used to correct subnormal hearing to

normal.

     (8) "Intercept" means aural or other acquisition of the contents of any wire, electronic, or

oral communication through the use of any electronic, mechanical, or other device.

     (9) "Investigative or law enforcement officer" means any officer of the United States, this

state, or a political subdivision of this state, who is empowered by law to conduct investigations of,

or to make arrests for, the designated offenses, the attorney general, and his or her assistants.

     (10) "Oral communications" means any oral communication uttered by a person exhibiting

an expectation that the communication is not subject to interception under circumstances justifying

that expectation, but the term does not include any electronic communication.

     (11) "Person" means any individual, partnership, association, joint stock company, trust,

or corporation, whether or not any of the foregoing is an officer, agent, or employee of the United

States, a state, or a political subdivision of a state.

     (12) "User" means any person or entity who:

     (i) Uses an electronic communication service; and

     (ii) Is duly authorized by the provider of the service to engage in that use; photooptical or

photoelectronic facilities for the transmission of electronic communications, and any computer

facilities or related electronic equipment for the electronic storage of the communications.

     (13) "Wire communications" means any aural transfer made in whole or in part through

the use of facilities for the transmission of communications by the aid of wire, cable, or other like

connection between the point of origin and the point of reception, (including the use of the

connection in a switching station), furnished or operated by any person engaged in providing or

operating the facilities for the transmission of communications. The term includes any electronic

storage of the communication.


 

 

 

482)

Section

Amended Chapter Numbers:

 

12-7-21

378 and 379

 

 

12-7-21. "Peace officer" defined.

     "Peace officer," as used within this chapter, means the following individuals or members

of:

     (1) Rhode Island state police;

     (2) Any member of a municipal or local police department;

     (3) Rhode Island airport corporation police;

     (4) Rhode Island park police;

     (5) Rhode Island capitol police;

     (6) Rhode Island conservation officers;

     (7) Rhode Island department of environmental management officers;

     (8) Rhode Island fire marshals;

     (9) Brown University police officers;

     (10) University of Rhode Island campus police officers;

     (11) Rhode Island College campus security;

     (12) Campus security at the Community College of Rhode Island;

     (13) Rhode Island sheriff's department;

     (14) The investigators of the department of attorney general appointed pursuant to § 42-9-

8.1;

     (15) Any federal law enforcement officer;

     (16) Correctional investigators, chief inspector and inspectors within the office of

inspections, and correctional officers of the Rhode Island department of corrections;

     (17) The witness protection coordinator of the department of attorney general;

     (18) The warden, associate wardens, majors, captains, lieutenants, sergeants, correctional

officers and investigators employed by a project operated by a municipal detention facility

corporation, including, but not limited to, the Donald W. Wyatt Detention Facility; provided, such

parties listed in this subsection (18) herein shall be deemed to be peace officers while in

performance of their duties for the municipal detention facility only, and shall not be deemed to be

peace officers at any time when they are not in performance of said duties;

     (19) Retired non-permanent sworn members of any municipal police department shall be

deemed to be peace officers only while in the performance of their duties for any municipal police

department, and shall be permitted to carry their firearm while in the performance of their duties

for the municipal police department, and shall be subject to in-service training requirements of title

42, chapter 28;

     (20) Auto theft investigators appointed pursuant to § 31-50-1;

     (21) Providence fire department arson investigators; provided, that the arson investigator

is a graduate of a police-training academy; and

     (22) Rhode Island School of Design police officers.


 

 

 

 

483)

Section

Amended Chapter Numbers:

 

12-18.1-3

200 and 201

 

 

12-18.1-3. Court costs.

     (a) The court shall assess as court costs, in addition to those otherwise provided by law,

against all defendants charged with a felony, misdemeanor, or petty misdemeanor, and who plead

nolo contendere or guilty or who are found guilty of the commission of those crimes, as follows:

     (1) Where the offense charged is a felony and carries a maximum penalty of five (5) or

more years imprisonment, three hundred dollars ($300) or ten percent (10%) of any fine imposed

on the defendant by the court, whichever is greater;

     (2) Where the offense charged is a felony and carries a maximum penalty of less than five

(5) years imprisonment, one hundred eighty dollars ($180) or ten percent (10%) of any fine imposed

on the defendant by the court, whichever is greater; and

     (3) Where the offense charged is a misdemeanor, sixty dollars ($60.00) or ten percent

(10%) of any fine imposed on the defendant by the court, whichever is greater.

     (b) These court costs shall not be assessed whether or not when the defendant is sentenced

to prison and in no case shall they be remitted by the court for thirty (30) days or more on any

count, multiple counts, or multiple charges and shall be remitted if a defendant subsequently serves

thirty (30) days or more on a violation.

     (c) When there are multiple counts or multiple charges to be disposed of simultaneously,

the judge shall have the authority to suspend the obligation of the defendant to pay on all counts or

charges above two (2) one.

     (d) If the court determines that the defendant does not have the ability to pay the costs as

set forth in this section, the judge may by specific order mitigate the costs in accordance with the

court's determination of the ability of the offender to pay the costs. If a defendant is indigent, or

demonstrates a limited or inability to pay, in accordance with the standards and procedures

contained in §§ 12-20-10 and 12-21-20, the court costs contemplated by this section may be waived

or reduced.


 

 

 

 

484)

Section

Amended Chapter Numbers:

 

12-19-2

216 and 217

 

 

12-19-2. Selection of method and amount or term of punishment.

     (a) Whenever it is provided that any offense shall be punished by a fine or imprisonment,

the court imposing punishment may, in its discretion, select the kind of punishment to be imposed,

and, if the punishment is fine or imprisonment, its amount or term within the limits prescribed by

law; provided, if the punishment to be imposed is imprisonment, the sentence or sentences imposed

shall be reduced by the number of days spent in confinement while awaiting trial and while awaiting

sentencing; and provided, further, that in the case of a person sentenced to a life sentence, the time

at which he or she shall become eligible to apply for parole shall be reduced by the number of days

spent in confinement while awaiting trial and while awaiting sentencing; and any sentence or

sentences in effect at present, including the provision as to a life sentence as described in this

subsection may be reduced in like manner by the court which imposed the sentence upon

application by the person serving the sentence to the court.

     (b) The court upon the sentencing of a first-time offender, excluding capital offense and

sex offense involving minors, may in appropriate cases sentence the person to a term of

imprisonment, and allow the person to continue in his or her usual occupation or education and

shall order the person to be confined in a minimum security facility at the A.C.I. during his or her

nonworking or study hours.

     (c) The director of corrections or his or her designee may impose any conditions and

restrictions upon the release of persons sentenced under this section that he or she deems necessary.

     (d) The director of corrections may at any time, subject to the approval of the director,

recall a prisoner from release status if he or she believes or has reason to believe the peace, safety,

welfare, or security of the community may be endangered by the prisoner being under release status.

Any prisoner recalled under this subsection shall be presented to the next regularly scheduled

meeting of the classification board for its further consideration.

     (e) A prisoner authorized to work at paid employment in the community under this section

may be required to pay, and the director is authorized to collect, costs incident to the prisoner's

confinement as the director deems appropriate and reasonable. These collections shall be deposited

with the treasurer as a part of the general revenue of the state.

     (f) When a sentenced inmate's parole release date or completion of sentence falls on a

weekend or on a holiday, the department of corrections may release the inmate on the prior business

day.

     (g) When a sentenced inmate is scheduled to be released from the custody of the department

of corrections to a community partner for residential treatment and/or to a facility to maintain stable

living conditions, and the inmate's release date or completion of sentence is incompatible with the

capacity, staffing, or scheduling capabilities of the community partner facility, the department of

corrections may release the inmate up to three (3) business days earlier than the scheduled release

date, provided the inmate transitions directly from the department of corrections to the community

partner facility.


 

 

 

 

485)

Section

Amended Chapter Numbers:

 

12-20-10

200 and 201

 

 

 12-20-10. Remission of costs -- Indigency -- Limted ability to pay -- Inherent power -- Prohibition

against remitting order of restitution.

     (a) The payment of court costs, assessments, and fees in criminal cases may shall, upon

application or sworn testimony, presented during sentencing or anytime any time thereafter, be

remitted by any justice of the superior court; provided, that any justice of a district court may, in

his or her discretion, remit the costs in any criminal case pending in his or her court, or in the case

of any prisoner sentenced by the court, and from which sentence no appeal has been taken in whole

based on a determination that a defendant is indigent pursuant to the standards set forth in this

sectionNotwithstanding any other provision of law, this section shall not limit the court's inherent

power to remit any fine, fee, assessment or other costs of prosecution, provided no order of

restitution shall be suspended by the court.

     (b) For purposes of §§ 12-18.1-3(d), 12-21-20, 12-25-28(b), 21-28-4.01(c)(3)(iv) and 21-

28-4.17.1, the following conditions shall be prima facie evidence of the defendant's indigency and

limited ability to pay:

     (1) Qualification for and/or receipt of any of the following benefits or services by the

defendant shall be prima facie evidence of the defendant’s indigency:

     (i) temporary Temporary assistance to needy families;

     (ii) social Social security including supplemental security income and state supplemental

payments program;

     (iii) public Public assistance;

     (iv) disability Disability insurance; or

     (v) food Food stamps.

     (2) Despite the defendant's good faith efforts to pay, outstanding court orders for payment

in the amount of one-hundred dollars ($100) or more for any of the following:

     (i) restitution payments to the victims of crime;

     (ii) child support payments; or

     (iii) payments for any counseling required as a condition of the sentence imposed

including, but not limited to, substance abuse, mental health, and domestic violence.

     (2) The superior and district courts may establish additional criteria and/or procedures for

the determination of an ability to pay and for the administration of this section.

     (b) If a defendant is not indigent, the payment of court costs, assessments, and fees in

criminal cases may, upon sworn testimony or application during sentencing or anytime any time

thereafter, be remitted in whole or in part by any justice of the superior or district court or their the

justice’s designee pursuant to a determination of limited or inability to pay based upon the

standards set forth in this section, or any other considerations the court may deem appropriate.

Provided further that any judge of a district court may remit the court costs, assessments, and fees

in criminal case(s) pending in his or her court, or in the case of any prisoner sentenced by the court,

where no appeal of the sentence has been taken.

     (1) In making its assessment of a defendant’s limited or inability to pay, the court may

consider the defendant’s good faith efforts to pay, and/or his or her outstanding court orders for

payments in the amount of one hundred dollars ($100) or more for any of the following:

     (i) Restitution payments to the victims of crime;

     (ii) Child support payments; or

     (iii) Payments for any counseling required as a condition of the sentence imposed

including, but not limited to, substance abuse, mental health, and domestic violence.or

     (iv) Fines imposed as part of the sentence.

     (2) Notwithstanding any other provision of law, this section shall not limit the court’s

inherent power to remit any fine, court costs, fees, assessments, or other costs of prosecution,

provided no order of restitution shall be suspended by the court.


 

 

 

486)

Section

Amended Chapter Numbers:

 

12-21-20

200 and 201

 

 

12-21-20. Order to pay costs and determination of ability to pay.

     (a) If, upon any complaint or prosecution before any court, the defendant shall be ordered

to pay a fine, enter into a recognizance, or suffer any penalty or forfeiture, he or she shall also be

ordered to pay all costs of prosecution, unless directed otherwise by law.

     (b) In superior court, the judge shall make a preliminary assessment of the defendant's

ability to pay immediately after sentencing by use of the procedures specified in this section.

     (c) In district court, the judge shall make a preliminary assessment of the defendant's ability

to pay immediately after sentencing or nearly thereafter as practicable by use of the procedures

specified in this section.

     (b) If a defendant is determined to be indigent by the standards set forth in § 12-20-10(a)

following the defendant’s sworn testimony or by submission of a financial assessment instrument,

all court costs, assessments, and fees shall be waived. The financial assessment instrument shall

be:

     (1) Created by the court based upon sound and generally accepted accounting principles

and may be modified by the court from time to time;

     (2) Include any and all relevant information relating to the defendant’s present ability to

pay; and

     (3) Be certified or made by the defendant under oath.

     (c) Non-indigent defendants claiming a limited or inability to pay court costs, assessments,

and fees may request the court waive court costs, assessments, and fees upon submission of a

completed financial assessment instrument. Upon submission of a completed financial assessment

instrument, a defendant may during sentencing or any time after the disposition of the matter

request an ability to pay determination to seek the remission or reduction of any fines, court costs,

assessments, fees and other costs of prosecution, or changes to the terms of a payment schedule.

     (d) The defendant's ability to pay and payment schedule shall be determined by use of

standardized procedures including a financial assessment instrument. The financial assessment

instrument shall be:

     (1) based upon sound and generally accepted accounting principles;

     (2) completed based on a personal interview of the defendant and includes any and all

relevant information relating to the defendant's present ability to pay including, but not limited to,

the information contained in § 12-20-10; and

     (3) made by the defendant under oath.

     (e) The financial instrument may, from time to time and after hearing, be modified by the

court.

     (f) When persons come before the court for failure to pay fines, fees, assessments and other

costs of prosecution, or court ordered restitution, and their ability to pay and payment schedule has

not been previously determined, the judge, the clerk of the court, or their designee shall make these

determinations by use of the procedures specified in this section.

     (g) Nothing in this section shall be construed to limit the court's ability, after hearing in

open court, to revise findings about a person's ability to pay and payment schedule made by the

clerk of the court or designee, based upon the receipt of newly available, relevant, or other

information.


 

 

 

 

487)

Section

Amended Chapter Numbers:

 

14-1-3

31 and 32

 

 

14-1-3. Definitions.

     The following words and phrases when used in this chapter shall, unless the context

otherwise requires, be construed as follows:

     (1) "Adult" means a person eighteen (18) years of age or older.

     (2) "Appropriate person," as used in §§ 14-1-10 and 14-1-11, except in matters relating to

adoptions and child marriages, means and includes:

     (i) Any police official of this state, or of any city or town within this state;

     (ii) Any duly qualified prosecuting officer of this state, or of any city or town within this

state;

     (iii) Any director of public welfare of any city or town within this state, or his or her duly

authorized subordinate;

     (iv) Any truant officer or other school official of any city or town within this state;

     (v) Any duly authorized representative of any public or duly licensed private agency or

institution established for purposes similar to those specified in § 8-10-2 or 14-1-2; or

     (vi) Any maternal or paternal grandparent, who alleges that the surviving parent, in those

cases in which one parent is deceased, is an unfit and improper person to have custody of any child

or children.

     (3) "Child" means a person under eighteen (18) years of age.

     (4) "The court" means the family court of the state of Rhode Island.

     (5) "Delinquent," when applied to a child, means and includes any child who has committed

any offense that, if committed by an adult, would constitute a felony, or who has on more than one

occasion violated any of the other laws of the state or of the United States or any of the ordinances

of cities and towns, other than ordinances relating to the operation of motor vehicles.

     (6) "Dependent" means any child who requires the protection and assistance of the court

when his or her physical or mental health or welfare is harmed, or threatened with harm, due to the

inability of the parent or guardian, through no fault of the parent or guardian, to provide the child

with a minimum degree of care or proper supervision because of:

     (i) The death or illness of a parent; or

     (ii) The special medical, educational, or social-service needs of the child which the parent

is unable to provide.

     (7) "Justice" means a justice of the family court.

     (8) "Neglect" means a child who requires the protection and assistance of the court when

his or her physical or mental health or welfare is harmed, or threatened with harm, when the parents

or guardian:

     (i) Fails to supply the child with adequate food, clothing, shelter, or medical care, though

financially able to do so or offered financial or other reasonable means to do so;

     (ii) Fails to provide the child proper education as required by law; or

     (iii) Abandons and/or deserts the child.

     (9) "Supervised independent living setting" means a supervised setting in which a young

adult is living independently, that meets any safety and/or licensing requirements established by

the department for this population, and is paired with a supervising agency or a supervising worker,

including, but not limited to, single or shared apartments or houses, host homes, relatives' and

mentors' homes, college dormitories or other postsecondary educational or vocational housing. All

or part of the financial assistance that secures an independent supervised setting for a young adult

may be paid directly to the young adult if there is no provider or other child-placing intermediary,

or to a landlord, a college, or to a supervising agency, or to other third parties on behalf of the

young adult in the discretion of the department.

     (10) "Voluntary placement agreement for extension of care" means a written agreement

between the state agency and a young adult who meets the eligibility conditions specified in § 14-

1-6(c), acting as their own legal guardian that is binding on the parties to the agreement. At a

minimum, the agreement recognizes the voluntary nature of the agreement, the legal status of the

young adult and the rights and obligations of the young adult, as well as the services and supports

the agency agrees to provide during the time that the young adult consents to giving the department

legal responsibility for care and placement.

     (11) "Wayward," when applied to a child, means and includes any child:

     (i) Who has deserted his or her home without good or sufficient cause;

     (ii) Who habitually associates with dissolute, vicious, or immoral persons;

     (iii) Who is leading an immoral or vicious life;

     (iv) Who is habitually disobedient to the reasonable and lawful commands of his or her

parent or parents, guardian, or other lawful custodian;

     (v) Who, being required by chapter 19 of title 16 to attend school, willfully and habitually

absents himself or herself from school or habitually violates the rules and regulations of the school

when he or she attends;

     (vi) Who has, on any occasion, violated any of the laws of the state or of the United States

or any of the ordinances of cities and towns, other than ordinances relating to the operation of motor

vehicles; or

     (vii) Any child under seventeen (17) years of age who is in possession of one ounce (1 oz.)

or less of marijuana, as defined in § 21-28-1.02 violates § 21-28.11-22, and who is not exempted

from the penalties pursuant to chapter 28.6 of title 21.

     (12) "Young adult" means an individual who has attained the age of eighteen (18) years

but has not reached the age of twenty-one (21) years and was in the legal custody of the department

on their eighteenth birthday pursuant to an abuse, neglect or dependency petition; or was a former

foster child who was adopted or placed in a guardianship after attaining age sixteen (16).

     (13) The singular shall be construed to include the plural, the plural the singular, and the

masculine the feminine, when consistent with the intent of this chapter.

     (14) For the purposes of this chapter, "electronic surveillance and monitoring devices"

means any "radio frequency identification device (RFID)" or "global positioning device" that is

either tethered to a person or is intended to be kept with a person and is used for the purposes of

tracking the whereabouts of that person within the community.


 

 

 

 

 

488)

Section

Amended Chapter Numbers:

 

16-2-9

346 and 347

 

 

16-2-9. General powers and duties of school committees.

     (a) Unless the responsibility is otherwise delegated by this chapter, the entire care, control,

and management of all public school interests of the several cities and towns shall be vested in the

school committees of the several cities and towns. School committees shall have, in addition to

those enumerated in this title, the following powers and duties:

     (1) To identify educational needs in the community.

     (2) To develop education policies to meet the needs of the community.

     (3) To provide for and ensure the implementation of federal and state laws, the regulations

of the council on elementary and secondary education, and local school policies, programs, and

directives.

     (4) To provide for the evaluation of the performance of the school system.

     (5) To have responsibility for the care and control of local schools.

     (6) To have overall policy responsibility for the employment and discipline of school

department personnel.

     (7) To approve a master plan defining goals and objectives of the school system. These

goals and objectives shall be expressed in terms of what men and women should know and be able

to do as a result of their educational experience. The committee shall periodically evaluate the

efforts and results of education in light of these objectives.

     (8) To provide for the location, care, control, and management of school facilities and

equipment.

     (9) To adopt a school budget to submit to the local appropriating authority.

     (10) To adopt any changes in the school budget during the course of the school year.

     (11) To approve expenditures in the absence of a budget, consistent with state law.

     (12) To employ a superintendent of schools and assign any compensation and other terms

and conditions as the school committee and superintendent shall agree, provided that in no event

shall the term of employment of the superintendent exceed three (3) years. Nothing contained in

this chapter shall be construed as invalidating or impairing a contract of a school committee with a

school superintendent in force on May 12, 1978.

     (13) [Deleted by P.L. 2019, ch. 224, § 2 and P.L. 2019, ch. 259, § 2.]

     (14) To establish minimum standards for personnel, to adopt personnel policies, and to

approve a table of organization.

     (15) To establish standards for the evaluation of personnel.

     (16) To establish standards for conduct in the schools and for disciplinary actions.

     (17) To hear appeals from disciplinary actions.

     (18) To enter into contracts; provided, however, that notwithstanding any other provision

of the general or public laws, whether of specific or general application, and notwithstanding the

provisions of any charter of any municipality where the school committee is appointed and not

elected, but not including, the Central Falls school district board of trustees established by § 16-2-

34, the power and duty to enter into collective bargaining agreements shall be vested in the chief

executive officer of the municipality and not in the school committee.

     (19) To publish policy manuals that shall include all school committee policies.

     (20) To establish policies governing curriculum, courses of instruction, and text books.

     (21) To provide for transportation services that meet or exceed standards of the council on

elementary and secondary education.

     (22) To make any reports to the department of education as are required by the council on

elementary and secondary education.

     (23) To delegate, consistent with law, any responsibilities to the superintendent as the

committee may deem appropriate.

     (24) To address the health and wellness of students and employees.

     (25) To establish a subcommittee of the school board or committee to decrease obesity and

address school health and wellness policies for students and employees consistent with § 16-21-28.

     (26) To annually undertake a minimum of six (6) hours of professional development as set

forth and described in § 16-2-5.1.

     (27) To establish policies governing the implementation of the incorporation of career and

technical education programs into the kindergarten through grade twelve (K-12) curricula that

include knowledge of careers and all types of employment opportunities, including, but not limited

to, registered apprenticeships in accordance with chapter 45 of title 28, and emphasizing the

advantages of completing school with marketable skills.

     (b) Nothing in this section shall be deemed to limit or interfere with the rights of teachers

and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title 28 or to

allow any school committee to abrogate any agreement reached by collective bargaining.

     (c) The elected school committees of each city, town, or regional school district, or the

chief executive officer of any municipality having an appointed school committee, shall have the

power to bind their successors and successor committees by entering into contracts of employment

in the exercise of their governmental functions.

     (d) Notwithstanding any provisions of the general laws to the contrary, the requirement

defined in subsections (d) through (f) of this section shall apply. The school committee of each

school district shall be responsible for maintaining a school budget that does not result in a debt.

     (e) The school committee shall, within thirty (30) days after the close of the first and second

quarters of the state's fiscal year, adopt a budget as may be necessary to enable it to operate without

incurring a debt, as described in subsection (d).

     (f) In the event that any obligation, encumbrance, or expenditure by a superintendent of

schools or a school committee is in excess of the amount budgeted or that any revenue is less than

the amount budgeted, the school committee shall within five (5) working days of its discovery of

potential or actual over expenditure or revenue deficiency submit a written statement of the amount

of and cause for the over obligation or over expenditure or revenue deficiency to the city or town

council president and any other person who by local charter or statute serves as the city or town's

executive officer; the statement shall further include a statement of the school committee's plan for

corrective actions necessary to meet the requirements of subsection (d). The plan shall be approved

by the auditor general and also submitted to the division of municipal finance.

     (g) Notwithstanding any other provision of law, whether of general or specific application,

and notwithstanding any contrary provision of any city or town charter or ordinance, the elected

school committee of any city, town, and regional school district shall be, and is hereby authorized

to retain, the services of independent legal counsel as it may deem necessary and convenient. Any

counsel so retained shall be compensated out of funds duly appropriated to the school committee,

and in no event shall the independent counsel be deemed to be an employee of the pertinent city or

town for any purpose.


 

 

 

 

489)

Section

Added Chapter Numbers:

 

16-2-17

391 and 392

 

 

16-2-17. Right to a safe school.

     (a) Each student, staff member, teacher, and administrator has a right to attend and/or work

at a school which is safe and secure, and which is conducive to learning, and which is free from the

threat, actual or implied, of physical harm by a disruptive student. A disruptive student is a person

who is subject to compulsory school attendance, who exhibits persistent conduct which

substantially impedes the ability of other students to learn, or otherwise substantially interferes with

the rights stated above, and who has failed to respond to corrective and rehabilitative measures

presented by staff, teachers, or administrators.

     (b) The school committee, or a school principal as designated by the school committee,

may suspend all pupils found guilty of this conduct, or of violation of those school regulations

which relate to the rights set forth in subsection (a), or where a student represents a threat to those

rights of students, teachers, or administrators, as described in subsection (a). Nothing in this section

shall relieve the school committee or school principals from following all procedures required by

state and federal law regarding discipline of students with disabilities.

     (c) A student suspended under this section may appeal the action of the school committee,

or a school principal as designee, to the commissioner of elementary and secondary education who,

after notice to the parties interested of the time and place of hearing, shall examine and decide the

appeal without cost to the parties involved. Any decision of the commissioner in these matters shall

be subject to appeal by the student to the board of regents for elementary and secondary education

council on elementary and secondary education and any decision of the board of regents council

may be appealed by the student to the family court for the county in which the school is located as

provided in § 42-35-15.

     (d) All school superintendents, or their designees, shall review annually, the discipline data

for their school district, collected in accordance with the specifications set forth in § 16-60-4(21)

16-60-4(a)(21), to determine whether the discipline imposed has a disproportionate impact on

students based on race, ethnicity, or disability status and to appropriately respond to any such

disparity. In addition to the data submitted, if a disparity exists, the school district shall submit a

report to the council on elementary and secondary education describing the conduct of the student,

the frequency of the conduct, prior disciplinary actions for the conduct, any other relevant

information and corrective actions to address the disparity, after consultation with representatives

of the faculty has been taken to address the disparity. The reports shall be deemed to be public

records for purposes of title 38.

     (e) On or before September 1, 2023, and annually by September 1 thereafter, the Rhode

Island department of education, in coordination with the Rhode Island office of the attorney

general, shall, for each school district, annually collect, report, and publish on its website, data on:

the number of school resource officers; the use of force against students, including, but not limited

to, the number of instances force was used and the type of the force used; arrests of students and

reasons for arrest; student referrals to law enforcement and reasons for referral; student referrals to

court or court service units; and the number and type of any other disciplinary actions taken or

recommended by school resource officers involving students. All such data shall be published in a

manner that protects the identities of students and shall be collected and designated by student age,

grade, race, ethnicity, gender, language status, and disability, to the extent that such the

demographic data is available.


 

 

490)

Section

Added Chapter Numbers:

 

16-7.1-5.1

263 and 264

 

 

16-7.1-5.1. Intervention and support for the Providence public school district.

     (a) No later than September 1, 2022, and in order to assess the Providence school district

across multiple measures of district performance and student success, the commissioner shall

update the turnaround action plan released June 23, 2020 (the "turnaround plan"), to include

measurable annual goals including, but not limited to, the following:

     (1) Student attendance and suspension rates;

     (2) Student safety and discipline;

     (3) Student promotion, graduation, and dropout rates;

     (4) Student achievement on the Rhode Island comprehensive assessment system;

     (5) Progress in areas of academic underperformance;

     (6) Progress among subgroups of students, including low-income students, English

learners, and students receiving special education;

     (7) Reduction of achievement gaps among different groups of students;

     (8) Student acquisition and mastery of twenty-first century skills;

     (9) Development of college readiness, including at the elementary and middle school

levels;

     (10) Parent and family engagement;

     (11) Building a culture of academic success among students;

     (12) Building a culture of student support and success among faculty and staff;

     (13) Recruitment and retention of a qualified, diverse workforce;

     (14) Staffing ratios and teacher vacancies;

     (15) Health and safety of facilities; and

     (16) Developmentally appropriate child assessments, if applicable.

     (b) Effective March 1, 2023, and for the duration of the turnaround, the Providence school

board shall meet at least monthly, and more frequently if necessary, to provide public input of

district performance and implementation of turnaround strategies. The Providence school board

shall have, at a minimum, the following powers and duties:

     (1) To review and advise the commissioner on the appointment of senior school district

administrators, provided that the Providence school board shall not have the authority to appoint

senior school district administrators so long as the turnaround plan is in effect;

     (2) To advise the commissioner on district-wide districtwide policy, provided that the

Providence school board shall not have the authority to establish district-wide districtwide policy

so long as the turnaround plan is in effect;

     (3) To review progress toward annual performance measures;

     (4) To receive feedback from stakeholders on the implementation of the turnaround plan;

     (5) To establish appropriate advisory committees as needed to provide guidance on the

implementation of the turnaround plan; and

     (6) Any other duties delegated to the Providence school board by the commissioner or the

council on elementary and secondary education (the “council”).

     (c)(1) The order of reconstitution and control, issued October 15, 2019, shall be authorized

for a period of not more than five (5) years from issuance. The commissioner and turnaround

superintendent may jointly develop additional components of the turnaround plan and shall jointly

develop annual goals for each component of the plan in a manner consistent with this section. The

superintendent shall be responsible for meeting the goals of the turnaround plan.

     (2) The commissioner and superintendent shall provide a written report to the Providence

school board at a minimum, on a biannual basis to provide specific information about the progress

being made on the implementation of the district's turnaround plan. One of the quarterly reports

shall include progress toward annual measures, pursuant to this section.

     (3) The commissioner shall evaluate the performance of the superintendent on not less than

an annual basis. The purpose of such evaluation shall be to assess the implementation of the

turnaround plan and determine whether the district has met the annual goals contained in the

turnaround plan. The evaluation shall be in writing and submitted to the council and the Providence

school board no later than July 1 for the preceding school year.

     (4) If the commissioner determines that the district has met the annual performance goals

stated in the turnaround plan, the evaluation shall be considered sufficient and the implementation

of the turnaround plan shall continue.

     (5) If the commissioner determines that the superintendent has not met one or more goals

in the plan and the failure to meet the goals may be corrected through reasonable modification of

the plan, the commissioner, after consultation with the Providence School school board and with

the approval of the council, may amend the turnaround plan.

     (6) If the commissioner determines that the superintendent has substantially failed to meet

multiple goals in the turnaround plan, the commissioner may terminate such superintendent.

     (d)(1) The council shall adopt regulations providing for:

     (i) The end of turnaround status; and

     (ii) The transfer of the operation of a school district from the Rhode Island department of

elementary and secondary education to the school committee and municipal control.

     (2) The regulations shall include provisions to allow a district to retain measures adopted

in a turnaround plan for a transitional period if, in the judgment of the commissioner, the measures

would contribute to the continued improvement of the district. Such regulations shall also include

provisions that clearly identify the conditions under which such a transitional period shall end and

the powers granted to the commissioner and council under this section shall cease to apply to the

district.

     (e) If, on the basis of the regulations adopted by the council pursuant to subsection (d) of

this section, the Providence school district has not improved sufficiently to remove the district from

turnaround status, the commissioner may, after consultation with the Providence school board and

with the approval of the council:

     (1) Determine subsequent annual goals for each component of the turnaround plan with the

turnaround superintendent, and renew the turnaround plan for an additional period of not more than

three (3) years; and

     (2) Create a new turnaround plan, consistent with the requirements of this section.


 

 

 

491)

Section

Added Chapter Numbers:

 

16-8-10.2

159 and 160

 

 

16-8-10.2. Mandatory contract terms.

     No school board or school receiving aid under this chapter for school lunch programs shall

negotiate, extend, or renew any school lunch service contract unless the contract provides for

payments to school-lunch workers and aides for one hundred and eighty (180) days or the length

of the contract for the school year, whichever is longer.


 

 

 

492)

Section

Amended Chapter Numbers:

 

16-11.4-6

267 and 323

 

 

16-11.4-6. Right to read act.

     (a) This section shall be known and may be cited as the "Right to Read Act."

     (b) No later than 2025, the following shall have proficient knowledge and skills to teach

reading consistent with the best practices of scientific reading instruction and structured literacy

instruction:

     (1) A person who completes a state-approved educator preparation program; and

     (2) A person seeking teacher licensure by reciprocity or by adding an endorsement.

     In addition, no later than 2025, a person who completes a state-approved educator

preparation program, other than a teacher of elementary education program, shall demonstrate an

awareness of the best practices of scientific reading instruction and structured literacy instruction.

     (c) Beginning no later than the 2024-2025 school year, each state-approved educator

preparation program shall post on its website information describing its program to prepare teachers

to teach reading with scientific reading instruction and structured literacy instruction; aligned with,

but not limited to, the content measured by the stand-alone reading assessment adopted by the

Rhode Island board of education act.

     (d) Beginning with the 2020-2021 school year, a public school district and an open-

enrollment public charter school shall provide the following professional development in scientific

reading instruction and structured literacy instruction:

     (1) For teachers licensed at the elementary level, professional development for one of the

prescribed pathways to obtaining a proficiency credential in knowledge and practices in scientific

reading instruction and structured literacy instruction; and

     (2) For teachers licensed at a level other than the elementary level, professional

development for one of the prescribed pathways to obtaining an awareness credential in knowledge

and practices in scientific reading instruction and structured literacy instruction.

     (e) Beginning with the 2022-2023 school year, a public school that does not provide the

professional development pursuant to the provisions of subsection (d) shall:

     (1) Be placed on probationary status; and

     (2) Provide notice to parents that the public school district has not met the requirements of

this section.

     (f) By the beginning of the 2023-2024 2025-2026 school year:

     (1) All teachers employed in a teaching position that requires an elementary education (K-

6) license or (K-12) license shall demonstrate proficiency in knowledge and practices of scientific

reading and structured literacy instruction; and

     (2) All other teachers shall demonstrate awareness in knowledge and practices of scientific

reading instruction and structured literacy instruction.

     (g) All teachers who begin employment in the 2023-2024 2025-2026 school year and each

school year thereafter shall demonstrate proficiency or awareness in knowledge and practices in

scientific reading instruction and structured literacy instruction as is applicable to their teaching

position by completing the prescribed proficiency or awareness in knowledge and practices of the

scientific reading instruction credential and a structured literacy instruction credential either:

     (1) As a condition of licensure; or

     (2) Within one year if the teacher is:

     (i) Already licensed; or

     (ii) Employed under a waiver from licensure.

     (h) A provider of a state-approved educator preparation program shall include in its annual

report to the department of elementary and secondary education (the "department") a description

of program to prepare educators to teach reading using scientific reading instruction and structured

literacy instruction.

     (i) A public school district that employs an educator in violation of this section or that does

not provide the professional development as required under this section shall be in violation of the

standards for accreditation of the Rhode Island board of education act, and the school district may

be placed on probationary status by the department. A public school district placed on probationary

status pursuant to the provisions of this subsection shall send written notification to the parents of

the students in the public school district of the reason for being placed on probationary status.

     (j) A provider of a state-approved educator preparation program that does not comply with

the requirements of this section may be subject to penalties up to and including having the

provider's approval status revoked.

     (k) The department is vested with the authority to, and shall enforce, this section.

     (l) The department shall promulgate rules to implement the provisions of this section no

later than August 1, 2022.

     (1) The rules and regulations adopted by the department shall recognize that teachers shall

have met the requirement of demonstrating awareness in knowledge and practices of scientific

reading and structured literacy instruction by attending ten (10) hours of training in scientific

reading and structured literacy instruction.

     (2) The rules and regulations adopted by the department shall recognize that teachers shall

have met the requirement of demonstrating proficiency in knowledge and practices of scientific

reading and structured literacy instruction by one of the following:

     (i) Possessing a Master’s degree in reading or a related academic discipline;

     (ii) Possessing a reading specialist and/or consultant certificate;

     (iii) Providing proof of completion of a course or training program in scientific reading and

structured literacy instruction consisting of at least thirty (30) hours; or

     (iv) Passing a test in scientific reading and structured literacy instruction adopted by the

department at no cost to the teacher.

     (m) Teachers shall not be required to attend training sessions outside the normal workday

and work year unless mutually agreed to by the teacher, the school district, and the collective

bargaining agent if applicable.

     (n) For the 2022-2023, 2023-2024 and 2024-2025 school years, school districts shall be

able to replace up to three (3) student instructional days per year with teacher professional

development days in order to meet the requirements of this section.

     (m)(o) As used in this section:

     (1) The term "scientific reading instruction" means instruction that is instructional

centered, empirically based, and further based on the study of the relationship between cognitive

science and educational outcomes; and

     (2) The term "structured literacy instruction" means an approach by which licensed

personnel teach reading, which includes syllables, morphology, sound-symbol correspondence,

semantics, and syntax, in an explicit, systematic, and diagnostic manner.


 

 

493)

Section

Added Chapter Numbers:

 

16-13-9

418 and 419

 

 

16-13-9. Termination for cause - List maintained.

     (a) Whenever a tenured teacher is terminated for good and just cause pursuant to § 16-13-

3 by a school committee or the governing body of a charter or private school, the school committee

or the governing body of the charter or private school shall, within sixty (60) days of the termination

or in cases where the termination is appealed, within sixty (60) days after the conclusion of the

appeal filed by the terminated tenured teacher when the termination is upheld, furnish the Rhode

Island department of elementary and secondary education with the identity of the terminated

teacher. Provided, this section shall not apply to:

     (1) The nonrenewal of a contract of a nontenured teacher pursuant to § 16-13-2; or

     (2) The termination of a tenured teacher due to fiscal exigency or program reorganization.

     (b) The department shall maintain a list of those teachers who have been terminated for

good and just cause (the "list") and shall update the list monthly to include the names of any

additional teachers submitted by a school committee or the governing body of a charter or private

school pursuant to the provisions of this section. This list of terminated teachers shall be accessible

only to the hiring authority of any private, parochial, charter, or public school.

     (c) The list of terminated teachers shall not be a public record pursuant to the "access to

public records act" (APRA) set forth in chapter 2 of title 38. This section shall not abrogate or

modify any existing statutory or common law privileges or immunities.


 

 

494)

Section

Amended Chapter Numbers:

 

16-16-20

247 and 248

 

 

16-16-20. Deduction of amounts received from workers' compensation or as damages.

     Any amount paid or payable under the provisions of any workers' compensation law,

exclusive of Medicare set aside allocations, specific compensation benefits or any benefits due

pursuant to the terms of a collective bargaining agreement or as the result of any action for damages

for personal injuries against the state, on account of the death or disability of a teacher, shall be

offset against and payable in lieu of any benefits payable out of funds provided by the state under

the provisions of this chapter on account of the death or disability of the teacher. If the value of the

total commuted benefits under any workers' compensation law or action is less than the present

value on an actuarial basis of the benefits otherwise payable under this chapter, the value of the

commuted payments shall be deducted from the present value of the benefits, and the balance

thereof shall be payable under the provisions of this chapter.


 

 

 

495)

Section

Added Chapter Numbers:

 

16-16-24.1

7 and 8

 

 

16-16-24.1. Substitute teaching and post-retirement employment related to COVID-19.

     (a) Notwithstanding any public or general law, or rule or regulation to the contrary, any

teacher, administrator, or staff member, who has retired under the provisions of title 16, 36, or 45

may, as part of the public health crisis caused by COVID-19, exceed the ninety-(90) day (90) cap

on post-retirement employment upon:

     (1) A determination by the local education authority that there exists a specialized need,

within their authority, to fill positions on a temporary basis, that may exceed the ninety-(90) day

(90) cap on post-retirement employment;

     (2) There exists a good-faith basis that those retired teachers, administrators, and staff

members being asked to exceed the ninety-(90) day (90) cap on post-retirement employment,

possess the skills, training, and knowledge necessary to help address the public health crisis, caused

by COVID-19; and

     (3) The local education authority has notified the state retirement board, that it has

determined that exceeding the ninety-(90) day (90) cap on post-retirement employment, is

necessary to help address the public health crisis caused by COVID-19.

     (b) Any teacher, administrator, or staff member who has retired under the provisions of

title 16, 36, or 45, and has been employed or re-employed, under the provisions of this section,

shall not be entitled to additional service credits for such employment.

     (c) Unless extended by the general assembly, this section shall sunset upon the conclusion

of the 2021-2022 school year.


 

 

 

496)

Section

Amended Chapter Numbers:

 

16-19-1

368 and 369, 389 and 390

 

 

16-19-1. Attendance required.

     (a) Every child who has completed, or will have completed, six (6) years of life on or before

September 1 of any school year, or is enrolled in kindergarten, and has not completed eighteen (18)

years of life, shall regularly attend some public day school during all the days and hours that the

public schools are in session in the city or town in which the child resides. The public school shall

be responsible for regular attendance data monitoring of all students and early identification of

emergent truant behavior. Prior to referring truant students to family court, schools must do their

due diligence to assure all interventions have taken place. This includes, and is not limited to:

     (1) Consultation with the parent or guardian; and

     (2) Coordination with the student's school-identified support team such as the

individualized education plan, behavioral support, or attendance teams.

     Every person having under his or her control a child, as described in this section, shall

cause the child to attend school as required by this section, and for every neglect of this duty, the

person having control of the child shall be fined not exceeding fifty dollars ($50.00) for each day,

or part of a day, that the child fails to attend school, and if the total of these days is more than thirty

(30) school days during any school year, then the person shall, upon conviction, be imprisoned not

exceeding six (6) months or shall be fined not more than five hundred dollars ($500), or both;

provided, that if the person so charged shall prove that the child has attended, for the required period

of time, a private day school approved by the commissioner of elementary and secondary education

pursuant to § 16-60-6(10); or a course of at-home instruction approved by the school committee of

the town where the child resides; or has been accepted into an accredited postsecondary education

program; or has obtained a waiver under subsection (b); or that the physical or mental condition of

the child was such as to render his or her attendance at school inexpedient or impracticable; or that

the child was excluded from school by virtue of some other general law or regulation, then

attendance shall not be obligatory nor shall the penalty be incurred.

     (b) A waiver to the compulsory attendance requirement may be granted by the

superintendent only upon proof that the pupil is sixteen (16) years of age or older and has an

alternative learning plan for obtaining either a high school diploma or its equivalent.

     (1) Alternative-learning plans shall include age-appropriate academic rigor and the

flexibility to incorporate the pupil's interests and manner of learning. These plans may include, but

are not limited to, such components, or combination of components, of extended learning

opportunities as independent study, private instruction, performing groups, internships, community

service, apprenticeships, and online courses that are currently funded and available to the school

department and/or the community.

     (2) Alternative-learning plans shall be developed, and amended if necessary, in

consultation with the pupil, a school guidance counselor, the school principal, and at least one

parent or guardian of the pupil, and submitted to the superintendent for approval.

     (3) If the superintendent does not approve the alternative-learning plan, the parent or

guardian of the pupil may appeal such decision to the school committee. A parent or guardian may

appeal the decision of the school committee to the commissioner of education pursuant to chapter

39 of title 16.

     (c) Nothing in this section shall be deemed to limit or otherwise interfere with the rights of

teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title

28 or to allow any school committee to abrogate any agreement reached by collective bargaining.

     (d) No school shall use a student's truancy or absenteeism as the sole basis for using an out-

of-school suspension as a disciplinary action.

 

PL389 and PL390

16-19-1. Attendance required.

     (a) Every child who has completed, or will have completed, six (6) years of life on or before

September 1 of any school year, or is enrolled in kindergarten, and has not completed eighteen (18)

years of life, shall regularly attend some public day school during all the days and hours that the

public schools are in session in the city or town in which the child resides. Every person having

under his or her control a child, as described in this section, shall cause the child to attend school

as required by this section, and for every neglect of this duty, the person having control of the child

shall be fined not exceeding fifty dollars ($50.00) for each day, or part of a day, that the child fails

to attend school, and if the total of these days is more than thirty (30) school days during any school

year, then the person shall, upon conviction, be imprisoned not exceeding six (6) months or shall

be fined not more than five hundred dollars ($500), or both; provided, that if the person so charged

shall prove that the child has attended, for the required period of time, a private day school approved

by the commissioner of elementary and secondary education pursuant to § 16-60-6(10); or a course

of at-home instruction approved by the school committee of the town where the child resides; or

has been accepted into an accredited postsecondary education program; or has obtained a waiver

under subsection (b); or that the physical or mental condition of the child was such as to render his

or her attendance at school inexpedient or impracticable; or that the child was excluded from school

by virtue of some other general law or regulation, then attendance shall not be obligatory nor shall

the penalty be incurred.

     (b) A waiver to the compulsory attendance requirement may be granted by the

superintendent only upon proof that the pupil is sixteen (16) years of age or older and has an

alternative learning plan for obtaining either a high school diploma or its equivalent.

     (1) Alternative-learning plans shall include age-appropriate academic rigor and the

flexibility to incorporate the pupil's interests and manner of learning. These plans may include, but

are not limited to, such components, or combination of components, of extended learning

opportunities as independent study, private instruction, performing groups, internships, community

service, apprenticeships, and online courses that are currently funded and available to the school

department and/or the community. In developing these alternative-learning plans, consideration

shall be given to the unique difficulties and interruptions that many students are experiencing

because of the COVID-19 pandemic. Accordingly, these alternative-learning plans may incorporate

alternatives and extended breaks in study which that would not be considered preferable under

non-pandemic circumstances.

     (2) Alternative-learning plans shall be developed, and amended if necessary, in

consultation with the pupil, a school guidance counselor, the school principal, and at least one

parent or guardian of the pupil, and submitted to the superintendent for approval. An alternative-

learning plan may, but is not required to, incorporate an extended withdrawal as set forth in this

section.

     (3)(i) If the superintendent does not approve the alternative-learning plan, the parent or

guardian of the pupil may appeal such decision to the school committee. A parent or guardian may

appeal the decision of the school committee to the commissioner of education pursuant to chapter

39 of this title 16 (hereinafter collectively referred to as the "reviewing body").

     (ii) In making decisions regarding the approval of an alternative-learning plan,

consideration shall be given to the unique difficulties and interruptions that many students are

experiencing because of the COVID-19 pandemic. Accordingly, alternative-learning plans may be

approved which that may incorporate alternatives and extended breaks in study which that would

not be considered preferable under non-pandemic circumstances. The provisions of this section

shall not require the approval of an alternative-learning plan which that the reviewing body

determines is not in the best interests of the child.

     (iii) In addition, this section authorizes the granting of an extended withdrawal from school.

An extended withdrawal from school is a withdrawal that may be authorized which that is not

intended to be a permanent withdrawal but which that is extended because of unique difficulties

and interruptions that many students are experiencing because of the COVID-19 pandemic. A

student in an extended withdrawal shall still be considered to be enrolled in school and will not

need to be re-enrolled for purposes of returning to the student's regular classes. An extended

withdrawal may authorize a student to be excused from taking any classes during the withdrawal

period or to undertake a reduced number of classes than the student would otherwise take as an

enrolled student. An extended withdrawal shall include provisions to periodically monitor and

check-in on the status of the student and the student's ability to return to the public school learning

environment. An extended withdrawal pursuant to this subsection may be granted to any student,

regardless of age.

     (c) Nothing in this section shall be deemed to limit or otherwise interfere with the rights of

teachers and other school employees to collectively bargain pursuant to chapters 9.3 and 9.4 of title

28 or to allow any school committee to abrogate any agreement reached by collective bargaining.

     (d) No school shall use a student's truancy or absenteeism as the sole basis for using an out-

of-school suspension as a disciplinary action.


 

 

497)

Section

Added Chapter Numbers:

 

16-21-40

396 and 397

 

 

16-21-40. Trauma informed schools act.

     (a) Schools play a critical role in addressing and mitigating the effects of child trauma by

recognizing the impact of adversity and trauma on students, parents, and staff, and embedding

policies and practices that foster well-being and resilience.

     (b) Through alignment and integration with a multi-tiered system of support frameworks

designed to support the academic, behavioral, social, and emotional needs of all students, the

commissioner of elementary and secondary education shall develop a trauma-informed schools

implementation plan, as well as necessary administrative guidance, professional development

materials, and other resources to enable all elementary and secondary schools to:

     (1) Establish and implement trauma-informed practices within all elementary and

secondary education schools throughout the state, that:

     (i) Promote a shared understanding among teachers, teacher’s assistants, school leaders,

paraprofessionals, specialized instructional support personnel, and other staff that:

     (A) Traumatic experiences are common among students;

     (B) Trauma can impact student learning, behavior, and relationships in school;

     (C) Traumatic experiences do not inherently undermine the capabilities of students to reach

high expectations in academics and life;

     (D) School-wide Schoolwide learning environments, where all students and adults feel

safe, welcomed, and supported, can enable students to succeed despite traumatic experiences; and

     (E) Services, supports, and programs provided to meet individual student needs should be

trauma-informed, where appropriate, and increase student connection to the school-wide

schoolwide learning environment.

     (ii) Adopt disciplinary procedures and practices that:

     (A) Accompany disciplinary actions with holistic assessments and positive behavioral

interventions and supports to address the underlying causes of student behavior, including trauma;

     (B) Avoid harsh, punitive, or exclusionary disciplinary practices;

     (C) Utilize evidence-based restorative practices with a focus on behavior modifications and

building community, and less punitive or exclusionary practices that erode a culture of trust;

     (D) Implement procedures to call skilled mental health personnel when there is a mental

health breakdown, and resort to law enforcement only in extreme cases and/or when a student or

students are at risk of bodily harm; and

     (E) Do not discriminate on the basis of race, color, national origin, sex (including sexual

orientation or gender identity), disability, English proficiency status, migrant status, or age.

     (iii) Implement activities that engage teachers, teacher’s assistants, school leaders,

paraprofessionals, specialized instructional support personnel, and other staff, in a process of

school-based planning to:

     (A) Promote a school-wide schoolwide culture of acceptance;

     (B) Help all students feel safe and connected to the school community;

     (C) Support all students to form positive relationships with adults and peers, understand

and manage emotions, achieve success academically and in extracurricular areas, and experience

physical and psychological health and well-being;

     (D) Promote teamwork and effective communication among all staff and shared

responsibility for every student;

     (E) Integrate evidence-based practices that build social-emotional skills into rigorous

academic instruction;

     (F) Support trauma-sensitive and informed approaches to multi-tiered system of supports

("MTSS") function of team-based leadership, tiered delivery system, selection and implementation

of instruction and intervention, comprehensive screening and assessment system, and continuous

data-based decision-making; and

     (G) Recognize and prevent adult implicit bias.


 

 

 

498)

Section

Added Chapter Numbers:

 

16-21-41

396 and 397

 

 

16-21-41. Trauma-informed schools act commission.

     (a) There is hereby established a trauma-informed schools commission (hereinafter the

"commission"). The commission shall meet at least quarterly or approximately four (4) times per

year in fiscal years 2023 and 2024. It shall expire on June 30, 2024. Members of the commission

shall serve without compensation.

     (b) The commission shall be appointed by the council on elementary and secondary

education no later than September 30, 2022, and shall be comprised of twelve (12) members: one

of whom shall be the commissioner of elementary and secondary education, or designee; one of

whom shall be a representative of the RI school superintendents association; one of whom shall be

appointed from among the leadership of the state's teachers' unions; one of whom shall be the child

advocate; one of whom shall be a representative of a Rhode Island-based institution of higher

education with expertise in child development, child mental and behavioral health, trauma-

informed educational practices, or a related field; two (2) of whom shall be representatives of youth-

serving community-based organizations that provide direct services to youth who have

experienced, or are at high risk of experiencing trauma; one of whom shall be a licensed clinical

social worker, who primarily works with youth and/or families; one of whom shall be a

representative of the Rhode Island Chapter of the American Academy of Pediatrics; one of whom

shall be the executive director of RI Kids Count, or designee; one of whom shall be the president

of Adoption RI, or designee; and one of whom shall be a representative of an organization that

engages and/or supports parents of school-aged children, with priority given to representation from

a parent-led organization.

     (c) The department of elementary and secondary education shall provide necessary staff

and material support to the commission in the furtherance of its purpose.

     (d) The purpose of the commission shall be to assist the department of elementary and

secondary education with the implementation of the trauma-informed schools act, as set forth in

this section and § 16-21-40.

     (e) In furtherance of its purpose, the commission shall undertake such actions as it

determines appropriate, which shall include, but not be limited to, the following:

     (1) Conducting a review and assessment of existing trauma-informed school and

community-based resources and initiatives across the state;

     (2) Informing the development of a trauma-informed school implementation plan and

supporting materials, that shall be submitted to the council on elementary and secondary education

for approval no later than April 1, 2024;

     (3) Researching, identifying, and cataloging state, federal, and philanthropic funding

sources that align with the provisions of this section and § 16-21-40;

     (4) No later than March 1, 2023, submitting an interim report to the speaker of the house,

the president of the senate, and the governor, that provides an update on the commission's initial

findings, work plan, and any preliminary recommendations for regulatory or legislative action to

promote the implementation oil of trauma-informed practices in schools; and

     (5) No later than June 30, 2024, submitting a final report to the speaker of the house, the

president of the senate, and the governor, that details the commission's findings and

recommendations for implementing trauma-informed practices in every elementary and secondary

school in Rhode Island.

     (f) The commission shall elect a chairperson from its membership. A quorum of the

commission at any meeting shall consist of at least seven (7) members.

     (g) All departments, boards, and agencies of the state shall cooperate with the commission

and forthwith furnish any advice and information, documentary and otherwise, as may be necessary

or desirable to facilitate the purposes of this chapter.

     (h) The department of education is authorized and directed to provide suitable quarters for

commission meetings.


 

 

499)

Section

Added Chapter Numbers:

 

16-22-36

291 and 292

 

 

16-22-36. Asian American, Native Hawaiian, and Pacific Islander history study.

     (a) Beginning with the 2023-2024 school year, every public elementary school and

secondary school shall include in its curriculum a unit of instruction studying the events of Asian

American, Native Hawaiian, and Pacific Islander (AA and NHPI) history, including the history of

AA and NHPIs in Rhode Island and the Northeast, as well as the contributions of AA and NHPIs

toward advancing civil rights from the 19th century onward. These events shall include the

contributions made by individual AA and NHPIs in government and the arts, humanities, and

sciences, as well as the contributions of AA and NHPI communities to the economic, cultural,

social, and political development of the United States. The studying of this material shall constitute

an affirmation by students of their commitment to respect the dignity of all races and peoples and

to forever eschew every form of discrimination in their lives and careers.

     (b) The commissioner of elementary and secondary education shall make available to all

school districts instructional materials that may be used as guidelines for development of a unit of

instruction under this section. Provided, however, each school district shall itself determine the

minimum amount of instructional time that qualifies as a unit of instruction satisfying the

requirements of this section.


 

 

 

500)

Section

Added Chapter Numbers:

 

16-22-37

362 and 363

 

 

16-22-37. Dual language immersion model policy and timeline.

     (a) The Rhode Island department of education ("department"), in consultation with local

education agencies ("LEAs") that have a dual language immersion program, shall create a model

policy and timeline to assist LEAs in developing and implementing a dual language immersion

program.

     (b) The LEAs approached by the department to consult on the model policy and timeline

pursuant to subsection (a) of this section shall cooperate with the department's requests or inquires

inquiries related to any dual language immersion program in a timely manner.

     (c) The model policy and timeline shall:

     (1) Be accessed easily by LEAs through electronic publication or other public distribution;

and

     (2) Include, but need not be limited to:

     (i) A detailed description of best practices;

     (ii) A step-by-step timeline; and

     (iii) A list of sources consulted and additional resources to which LEAs may refer if any

questions arise concerning the development and implementation of a dual language immersion

program.

     (d) The model policy and timeline shall be sent to the president of the senate and the

speaker of the house of representatives by January 1, 2023. The department shall also report to the

general assembly, beginning on July 31, 2023, and annually thereafter, the number of LEAs with

dual language immersion programs, the number of students served in a dual language immersion

program by grade level, and the number of teachers for each grade with a dual language immersion

program for the most recent school year.

     (e) The Rhode Island department of education shall:

     (1) Research the educational impact of dual language immersion programs across New

England and report the findings to the general assembly no later than July 31, 2023; and

     (2) Encourage LEAs to expand or develop courses in world languages in order that students

in elementary and middle schools have access to such these courses.

     (f) For the purposes of this section, "local education agencies" shall include all of the

following within the state of Rhode Island:

     (1) Public school districts;

     (2) Regional school districts;

     (3) State-operated schools;

     (4) Regional collaborative schools; and

     (5) Charter schools.


 

 

501)

Section

Added Chapter Numbers:

 

16-22-38

346 and 347

 

 

16-22-38. Career and technical education programs.

     The school committees of the several cities, towns, and school districts shall provide for

pupils in the public schools in kindergarten through grade twelve (K-12) to be taught and be

required to study courses which that include instruction in career and technical education programs

that include knowledge of careers and all types of employment opportunities, including, but not

limited to, registered apprenticeships in accordance with chapter 45 of title 28, and emphasizing

the advantages of completing school with marketable skills.


 

 

502)

Section

Amended Chapter Numbers:

 

16-22.2-2

399 and 400

 

 

16-22.2-2. State seal of biliteracy.

     (a) A state seal of biliteracy is established to recognize high school graduates who have

attained a high level of proficiency in listening, speaking, reading, and writing in one or more

languages, in addition to English. The state seal of biliteracy shall be awarded by the commissioner.

School district participation in this program shall be voluntary.

     (b) The purposes of the state seal of biliteracy are as follows:

     (1) To encourage pupils to study languages;

     (2) To certify attainment of biliteracy;

     (3) To provide employers with a method of identifying people with language and biliteracy

skills;

     (4) To provide universities with an additional method to recognize applicants seeking

admission;

     (5) To prepare pupils with twenty-first century skills;

     (6) To recognize the value of foreign language, and native language instruction, and

multilingual education in public schools. For the purpose of this section "foreign language" means

any language other than English, including all modern languages, Latin, American sign language,

native American languages, and native languages; and

     (7) To strengthen intergroup relationships, affirm the value of diversity, and honor the

multiple cultures and languages of a community.

     (c)(1) The state seal of biliteracy certifies attainment of a high level of proficiency by a

graduating high school pupil in one or more languages, in addition to English.

     (2) The Seal of Biliteracy can be achieved at two (2) levels:

     (i) The Rhode Island Gold Seal of Biliteracy will be awarded to students who have

demonstrated their ability to narrate and describe in past, present, and future in a world language.

Their language functions allow them to deal effectively with unanticipated complications. The gold

level is aligned with the ACTFL "Advanced Low" Proficiency Guidelines (2012).

     Students will earn a Gold Seal of "Biliteracy if they meet the performance standard on a

world language assessment from the Rhode Island department of education (RIDE)-approved

assessment list.

     (ii) The Rhode Island Silver Seal of Biliteracy will be awarded to students who have

demonstrated their ability to create with the language, ask and answer simple questions, and handle

a simple transaction in a world language. The silver level is aligned with the ACTFL "Intermediate

Mid" Proficiency guidelines Guidelines (2012).

     Students will earn a Silver Seal of Biliteracy if they meet the performance standard on an

English assessment and the silver-level performance standard on a world language assessment from

the RIDE-approved assessment list.

     (d) The council on elementary and secondary education shall promulgate such regulations

of the commissioner as may be necessary to establish the criteria that students must achieve to earn

a state seal of biliteracy, which may include, but shall not be limited to, attainment of units of credit

in English language arts and languages other than English; passage of state assessments in English

language arts and languages other than English; and passage of such additional assessments of

foreign language proficiency as may be approved by the commissioner for this purpose.

     (e) The commissioner shall do both of the following:

     (1) Prepare and deliver, to participating school districts, an appropriate insignia to be

affixed to the diploma and transcript of the pupil indicating that the pupil has been awarded a state

seal of biliteracy by the commissioner.

     (2) Provide other information they deem necessary for school districts to successfully

participate in the program.

     (f) A school district that participates in the program under this section shall do both of the

following:

     (1) Maintain appropriate records in order to identify pupils who have earned a state seal of

biliteracy.

     (2) Affix the appropriate insignia to the diploma and transcript of each pupil who earns a

state seal of biliteracy.

     (g) No fee shall be charged to a pupil pursuant to this section.


 

 

 

503)

Section

Amended Chapter Numbers:

 

16-22.2-3

399 and 400

 

 

16-22.2-3. Earning college credit for the Seal of Biliteracy.

     (a) For admissions purposes, each public university and public community college in this

state shall accept the state Silver Seal of Biliteracy and the Gold Seal of Biliteracy as world

language coursework if taken during high school and if a student's high school transcript indicates

that he or she will be receiving or has received the state Seal of Biliteracy. The amount of world

language coursework credit awarded would be based on the discretion of the respective public

university and public community college.

     (b) Each public community college and public university in this state shall establish criteria

to translate a state Silver and Gold Seal of Biliteracy into course credit based on world language

course equivalencies identified by the community college's or university's faculty and staff and,

upon request from an enrolled student, the community college or university shall award world

language course credit toward a minor, major or concentration in the language or general education

course credit to a student who has received a state Seal of Biliteracy. Students enrolled in a public

community college or public university who have received a state Seal of Biliteracy must request

course credit for their Seal within three (3) academic years after graduating from high school.

     (c) The criteria required pursuant to subsection (b) of this section shall be publicly

displayed on the website of each public university and each public community college by June 30,

2024.


 

 

 

504)

Section

Amended Chapter Numbers:

 

16-24-1

100 and 101

 

 

16-24-1. Duty of school committee to provide special education.

     (a) In any city or town where there is a child with a disability within the age range as

designated by the regulations of the state board of education who is functionally limited to such an

extent that normal educational growth and development is prevented, the school committee of the

city or town where the child resides shall provide the type of special education that will best satisfy

the needs of the child with a disability, as recommended and approved by the state board of

education in accordance with its regulations governing the education of children with disabilities.

     (b) Notwithstanding any other federal or state law or regulation, the school committee

where a parentally placed child who has, or develops, a disability in private school resides, shall

provide the child with the same free and appropriate education as it provides to children in public

schools. These children shall have the same rights and remedies in the regulations of the board of

education governing the education of children with disabilities as children in public school relative

to initially determining eligibility, implementation, and/or any other rights and remedies relative to

any special education services the child may be eligible to receive from the public school district.

     (c) For the purpose of this statute, a parentally placed child who has, or develops, a

disability in private school is defined as a child enrolled or placed in a private school by the

unilateral decision of his or her parents and without consolation consultation of the public school

district, who either has, or at some point while at the private school is diagnosed with, a learning

disability. Parents who unilaterally enroll their child in a private school are required to pay the

tuition costs related to the child's education that are unrelated to the child's disability, and the public

school district where the child resides is responsible for payment of the services related to the child's

disability as developed and determined in the child's individual education plan.

     (d) For the purpose of this statute, a free and appropriate education is defined as special

education services and related services that:

     (1) Are provided at public expense, under public supervision and direction, and without

charge;

     (2) Meet all of the standards and requirements of the state of Rhode Island department of

education and requirements of the regulations of the board of education governing the education of

children with disabilities, which shall include initial evaluation and determination procedures;

     (3) Include preschool, elementary school, or secondary school education in the state; and

     (4) Are provided in conformity with an individualized education program that meets the

requirements of the regulations of the board of education governing the education of children with

disabilities.

     (e) In those cases that an individual education plan has been adopted for a child and the

child moves to another town or city, the plan shall remain in effect until a new plan is adopted for

the child in the new town or city.

     (f) A child with a disability as referenced in subsection (a) of this section shall have

available to them any benefits provided by this section up to their twenty-first birthday, in

accordance with the student's individualized education program (IEP). Provided, in the event such

a child with a disability is enrolled in a postsecondary or transitional educational program as part

of the services provided to the child by the school committee or local education agency (LEA), and

such child reaches twenty-one (21) years of age during a school or program year, then the school

committee's or LEA's obligation to pay for the postsecondary or transitional program shall continue

through to the conclusion of the school or program's academic year, in accordance with the student's

individualized education program. Not later than sixty (60) calendar days prior to the child turning

twenty-one (21) years of age, the local educational agency (LEA) shall provide the child and the

parent or guardian with notice explaining the rights under this section that remain in effect at age

twenty-one (21). Further, not later than sixty (60) calendar days prior to the child turning twenty-

one (21) years of age, the state adult service agencies responsible for planning, funding and

providing services and supports for adults with developmental disabilities, including the state office

of rehabilitation services (ORS) and the state department of behavioral healthcare, developmental

disabilities and hospitals (BHDDH), shall provide the child and the parent or guardian with notice

of the obligations and responsibilities that the respective agency owes to eligible recipients along

with a level of funding and/or an individual support plan for the child twenty-one (21) years of age

to receive. This section shall not be used to delay or defer the obligation of a state agency

responsible for providing services to this population.

     (g) For purposes of providing services under this chapter, "special education" shall have

the same meaning as used in 34 C.F.R. § 300.39 and includes speech-language pathology services

for students among the other services and supports provided for therein. The provision of speech-

language pathology services shall not cease or be terminated solely because a child has attained

nine (9) years of age or greater, if those services are still warranted.


 

 

 

505)

Section

Amended Chapter Numbers:

 

16-32-2

155 and 156, 352 and 353

 

 

16-32-2. Board of Trustees established.

     (a) There is hereby created a board of trustees for the university of Rhode Island, sometimes

referred to as the "board" or "board of trustees," which shall be and is constituted a public

corporation, empowered to sue and be sued in its own name; to borrow money; to compromise and

settle claims; to have a seal; and to make and execute contracts and other instruments necessary or

convenient to the exercise of its powers; and to exercise all the powers, in addition to those

specifically enumerated in this chapter, usually appertaining to public corporations entrusted with

control of postsecondary educational institutions and functions. Upon its organization, the board

shall be vested with the legal title to all property, real and personal, now owned by and/or under

the control or in the custody of the council on postsecondary education for the use of the university

of Rhode Island, including all its departments, divisions, and branches, sometimes referred to as

the property.

     (b) The board is empowered to hold and operate the property in trust for the state; to

acquire, hold, and dispose of the property and other like property as deemed necessary for the

execution of its corporate purposes. The board is made successor to all powers, rights, duties, and

privileges for the university of Rhode Island formerly belonging to the council on postsecondary

education pertaining to postsecondary education and the board of governors for higher education.

     (c) The board shall be the employer of record for the university. It shall retain all authority

formerly vested in the council on postsecondary education and the board of education regarding

the employment of faculty and staff at the university of Rhode Island. The board shall appoint the

president of the university and shall review their performance on an annual basis.

     (1) The board is empowered to enter into contracts and agreements with the council on

postsecondary education and/or the department of administration related to employee benefits,

including but not limited to retirement benefits, health, dental, vision and life insurance, disability

insurance, workers' compensation, and tuition waivers to maximize the state's and university's

purchasing and investment portfolio and educational opportunities for the benefit of its employees.

     (2) The board is empowered to enter into collective bargaining agreements as appropriate

with its employees and all existing collective bargaining agreements in effect when the board is

established pursuant to § 16-32-2.2 shall be transferred from the council on postsecondary

education to the board.

     (d) The board shall make rules and regulations for the control and use of all public

properties and highways under its care, and for violations of those rules and regulations; penalties,

up to one hundred dollars ($100) and costs for any one offense, may be imposed by any district

court or police court in the city or town where the violation occurs; and, in general, the board shall

take all actions necessary for the proper execution of the powers and duties granted to, and imposed

upon, the board by the terms of this chapter.

     (e) The board shall make rules and regulations pursuant to chapter 2 of title 37 to implement

its responsibilities as a public agency for procurement purposes as defined in § 37-2-7(16).

     (f) The board shall evaluate data on which to base performance of the university as

described in subsection (g) of this section which shall be defined by the president of the university.

These measures may include and incorporate outcomes or goals from multiple, previous years. The

lack of information from previous years, however, will not affect the use of performance-based

measures.

     (g) The university of Rhode Island shall have unique measures consistent with its purpose,

role, scope, and mission. The board shall provide faculty and students an opportunity to provide

input on the development of performance measures.

     (1) The performance-based measures shall include, but not be limited to, the following

metrics:

     (i) The number and percentage, including growth in relation to enrollment and prior years

of bachelor's degrees awarded to first-time, full-time students within four (4) years and six (6)

years, including summer graduates;

     (ii) The number of degrees awarded that are tied to Rhode Island's high demand, high-wage

employment opportunities consistent with the institution's mission;

     (iii) One metric that applies only to the university, in consultation with the president, which

shall consider faculty, staff, and student input; and

     (iv) Any other metrics that are deemed appropriate by the board.

     (2) Weight may be assigned to any of the aforementioned metrics to reinforce the mission

of the university, the economic needs of the state, and the socio-economic status of the students.

     (h) The board shall hold the university accountable for developing and implementing

transfer pathways for students from the community college of Rhode Island and Rhode Island

college.

     (i) The board shall adopt a process requiring every academic program at the university to

accept for credit the advanced placement subject test scores of students who obtain a three (3) or

better in any advanced placement course.

     (i)(j) The board shall adopt a process requiring every academic program at the university

to accept for credit the advanced placement subject test scores of students who obtain a three (3) or

better in any advanced placement course. The board shall supervise, coordinate, and/or authorize

audits, civil and administrative investigations, and inspections or oversight reviews, when

necessary, relating to expenditure of state or federal funds, or to any and all university programs

and operations, as well as the procurement of any supplies, services, or construction, by the

university. In the course of an audit or investigation, the board authorized auditor(s) shall review

statutes and regulations of the university and shall determine if the university is in compliance and

shall make recommendations concerning the efficiency of operations, and the effect of such statutes

or regulations on internal controls and the prevention and detection of fraud, waste, and abuse. The

board authorized auditor(s) may recommend policies or procedures that may strengthen internal

controls, or assist in the prevention or detection of fraud, waste, and abuse or mismanagement. Any

audits conducted shall be transmitted to the office of internal audit established in chapter 7.1 of title

35.

 

PL352 and PL353

     (e) The board shall make rules and regulations pursuant to chapter 2 of title 37 to implement

its responsibilities as a public agency for procurement purposes as defined in § 37-2-7(16).

     (1) Notwithstanding the provisions of § 37-2-22, small procurements made by the board

and the university shall not exceed an aggregate amount of fifty thousand dollars ($50,000) for

construction and ten thousand dollars ($10,000) for all other purchases, regardless of the source of

funding, and shall be made in accordance with small purchase regulations promulgated by the

board. These thresholds may be increased annually through an amendment to the small purchase

regulations promulgated by the board of trustees, to reflect the annual increase in the federal

Consumer Price Index published by the United States Department of Labor from the date of any

prior adjustment.

     (f) The board shall evaluate data on which to base performance of the university as

described in subsection (g) of this section which shall be defined by the president of the university.

These measures may include and incorporate outcomes or goals from multiple, previous years. The

lack of information from previous years, however, will not affect the use of performance-based

measures.


 

 

 

506)

Section

Amended Chapter Numbers:

 

16-32.2-2

229 and 230

 

 

16-32-2.2. Appointment and removal of the board of trustees.

     (a) There is hereby established a board of trustees for the university of Rhode Island

consisting of seventeen (17) members. The governor shall appoint the initial members, with the

advice and consent of the senate, to serve on the board of trustees, until the expiration of their term

and their successor is appointed. In making these appointments the governor shall give due

consideration to recommendations from the president of the university of Rhode Island and at least

three (3) of those members appointed by the governor shall be residents of the state of Rhode Island,

at least one of those members shall be selected from a list of names of at least five (5) individuals

submitted by the speaker of the house of representatives, and at least one of those members shall

be selected from a list of names of at least five (5) individuals submitted by the president of the

senate. In addition, the president of the university of Rhode Island shall appoint one faculty member

and one student member who shall be a full-time student in good standing at the university and

who shall both serve in a non-voting, ex officio capacity for a single two-(2) year (2) term. The

president of the university of Rhode Island, the chair of the board of education, and the chair of the

council on postsecondary education shall serve in a non-voting, ex-officio capacity on the board of

trustees. Six (6) of the members initially appointed pursuant to this section shall serve terms of

three (3) years; seven (7) members initially appointed pursuant to this section shall serve terms of

two (2) years, including the member appointed from the list submitted by the speaker of the house

of representatives and the member appointed from the list submitted by the president of the senate;

and, four (4) members initially appointed pursuant to this section shall serve terms of one year.

Thirteen (13) A majority of voting members of the board shall constitute a quorum and the vote of

a majority of those present and voting shall be required for action.

     (b) After the initial terms of appointment have expired, the governor shall appoint nine (9)

seventeen (17) members with the advice and consent of the senate to serve as members of the board

of trustees with three (3) members appointed for a term of three (3) years; with three (3) members

appointed for a term of two (2) years, including the member appointed from the list submitted by

the speaker of the house of representatives and the member appointed from the list submitted by

the president of the senate; and with three (3) members appointed for a term of one year and shall

be eligible to be reappointed to a term of two (2) years. In making these appointments the governor

shall give due consideration to recommendations from the president of the university and the chair

of the board of trustees of the university of Rhode Island and at least three (3) of those members

appointed by the governor shall be residents of the state of Rhode Island, at least one of those

members shall be selected from after due consideration of a list of names of at least five (5)

individuals submitted by the speaker of the house of representatives, and at least one of those

members shall be selected from after due consideration of a list of names of at least five (5)

individuals submitted by the president of the senate. The remaining eight (8) voting members shall

be self-perpetuating members appointed by the board pursuant to rules adopted by the board

regarding the nomination and appointment of members and shall serve terms as defined by the

board pursuant to the adopted rules and be eligible for reappointment. In making these

appointments the board shall give due consideration to recommendations from the president of the

university of Rhode Island. All members shall be appointed for a term of three (3) years and shall

be eligible for reappointment. In addition, the president of the university of Rhode Island shall

appoint one faculty member and one student member who shall be a full-time student in good

standing at the university and who shall both serve in a non-voting, ex officio capacity. The faculty

member shall serve for a single two-(2) year (2) term. The student member shall serve for up to

two (2) one-year terms. The president of the university of Rhode Island, the chair of the board of

education, and the chair of the council on postsecondary education shall serve in a non-voting, ex

officio capacity of on the board of trustees.

     (c) A majority of the board shall elect the chair of the board from among the seventeen (17)

voting board members pursuant to rules and regulations adopted by the board establishing the

procedure for electing a chair.

     (d) Public members Members of the board shall be removable by the appointing authority

of the member governor for cause only, and removal solely for partisan or personal reasons

unrelated to capacity or fitness for the office shall be unlawful. In making decisions to remove a

member, the governor shall give due consideration to recommendations from the chair of the board

of trustees of the university of Rhode Island. No removal shall be made for any cause except after

ten (10) days' notice in writing of specific charges, with opportunity for the member to be present

in person and with counsel at a public hearing before the appointing authority, to introduce

witnesses and documentary evidence in his or her the member’s own defense, and to confront and

cross-examine adversary witnesses; and appeal shall lie to the superior court from the governor's

determination.


 

 

 

507)

Section

Amended Chapter Numbers:

 

16-59-4

155 and 156

 

 

16-59-4. Powers and duties of the council on postsecondary education.

     The council on postsecondary education shall have, in addition to those enumerated in §

16-59-1, the following powers and duties:

     (1) To approve a systematic program of information gathering, processing, and analysis

addressed to every level, aspect, and form of higher education in this state especially as that

information relates to current and future educational needs so that current needs may be met with

reasonable promptness and plans formulated to meet future needs as they arise in the most efficient

and economical manner possible.

     (2) To develop and approve a strategic plan implementing broad goals and objectives for

higher education in the state as established by the board of education, including a comprehensive

capital development program.

     (3) To formulate broad policy to implement the goals and objectives established and

adopted by the board of education; to adopt standards and require enforcement; and to exercise

general supervision over all higher public education in the state and over independent higher

education in the state as provided in subdivision subsections (8) and (9) of this section. The board

of education and the council shall not engage in the operation or administration of any subordinate

committee, university, junior college, or community college, except its own office of postsecondary

education and except as specifically authorized by an act of the general assembly; provided, the

presidents of each institution of higher learning shall be the chief administrative and executive

officers of that institution; and provided that nothing contained in this section shall prohibit their

direct access to or interfere with the relationship between the presidents and the board of education

and the council.

     (4) To communicate with and seek the advice of the commissioner of postsecondary

education, the presidents of the public higher education institutions, and all those concerned with,

and affected by, its determinations as a regular procedure in arriving at its conclusions and in setting

its policy.

     (5) To prepare and maintain a five-year (5) funding plan for higher education that

implements the strategic financing recommendations of the board of education; to prepare, with the

assistance of the commissioner of postsecondary education, and to present annually to the state

budget officer, in accordance with § 35-3-4, a state higher education budget, which shall include,

but not be limited to, the budget of the office of postsecondary education and the budget of the state

colleges. In the preparation of the budget, the council shall implement priorities established by the

board of education of expenditures for public higher education purposes of state revenues and other

public resources made available for the support of higher public education. Prior to submitting the

budget to the state budget officer as required by the budget office instructions and this subsection,

the council shall present the budget to the board of education for its review and approval. Nothing

contained in this subdivision shall authorize the council to alter the allocation of grants or aid

otherwise provided by law.

     (6) To maintain an office of postsecondary commissioner; to provide for its staffing and

organization; and to manage and oversee a commissioner of postsecondary education pursuant to

duties and responsibilities defined in §§ 16-59-6 and 16-59-7. The commissioner of postsecondary

education and the office of postsecondary commissioner shall have the duties and responsibilities

as defined in §§ 16-59-6 and 16-59-7.

     (7) To appoint and dismiss presidents of the public institutions of higher learning with the

assistance of the commissioner of postsecondary education, and to establish procedures for this,

and with the assistance of the commissioner to approve or disapprove vice presidents of the public

institutions of higher learning appointed by the respective presidents of the public institutions of

higher learning.

     (8) To establish other educational agencies or subcommittees necessary or desirable for the

conduct of any or all aspects of higher education and to determine all powers, functions, and

composition of any agencies or subcommittees and to dissolve them when their purpose shall have

been fulfilled.

     (9) To exercise the authority vested in the board of regents for education with relation to

independent higher educational institutions within the state under the terms of chapter 40 of this

title, and other laws affecting independent higher education in the state.

     (10) To enforce the provisions of all laws relating to higher education, public and

independent.

     (11) To be responsible for all the functions, powers, and duties that were vested in the board

of regents for education relating to higher education, including, but not limited to, the following

specific functions:

     (i) To approve the role and scope of programs at public institutions of higher learning with

the assistance of the commissioner of postsecondary education which shall include, but not be

limited to, populations to be served, the type and level of programs, and academic fields offered.

     (ii) To adopt and require standard accounting procedures for the office of postsecondary

commissioner and all public colleges and universities.

     (iii) To approve a clear and definitive mission for each public institution of higher learning

with the assistance of the commissioner of postsecondary education that is consistent with the role

and scope of programs at the public institutions.

     (iv) To promote maximum efficiency, economy, and cooperation in the delivery of public

higher educational services in the state and cooperation with independent institutions of higher

education.

     (12) To incorporate into its own affirmative action reporting process periodic reports

monitoring specific faculty and staff searches by the chairperson of the search committee to include

the rationale for granting those interviews and the final hiring results. The institutions must

empower their affirmative action officer to monitor searches in this manner; to intervene during the

search; and, when necessary;, to cause a search to cease if affirmative action goals are not being

adequately served.

     (13) To incorporate a specific category for accountability on affirmative action goals and

implementation as part of the board's annual evaluations and three-year (3) reviews for the

presidents of each of the public institutions of higher education.

     (14) To make a formal request of the governor that, whenever an opportunity arises to make

new appointments to the board, that the governor make every effort to increase the number of

African Americans, Native Americans, Asians, and Hispanics on the board.

     (15) To develop coherent plans for the elimination of unnecessary duplication in public

higher education and addressing the future needs of public education within the state in the most

efficient and economical manner possible.

     (16) To delegate to the presidents of each public higher education institution the authority

and responsibility for operational and management decisions related to their institutions, consistent

with the goals of the statewide strategic plan for postsecondary education; provided, however, that

the presidents may be required to provide information or updates to the council regarding any

delegated operational or management decisions.

     (17) To approve application and renewal fees for all postsecondary institutions situated in

Rhode Island, public or private, that choose to participate in an interstate, postsecondary distance-

education reciprocity agreement.

     (18) To the extent necessary for participation, and to the extent required and stated in an

interstate distance-learning reciprocity agreement, the council shall promulgate procedures to

address complaints received from out-of-state students in connection with, or related to, any Rhode

Island postsecondary institution, public or private, that has been approved to participate in an

interstate, distance-learning reciprocity agreement.

     (19) To serve as the governing body of the division of higher education assistance and

exercise all powers and duties of the division of higher education assistance as set forth under the

terms of Chapter 57 of this title; however, any debts, liabilities, or obligations of the council that

result from its status as such governing body shall be payable solely from the revenues or assets of

reserve funds set forth and established by the prior Rhode Island higher education assistance

authority and/or the Rhode Island division of higher education assistance created pursuant to

Chapter 57 of this title, and not from any assets or property held by the council on postsecondary

education pursuant to this chapter.

     (20) To guarantee one hundred percent (100%) of the unpaid principal and accrued interest

of any eligible loan made by a lender to any eligible borrower in existence prior to July 1, 2015,

for the purpose of assisting the students in obtaining an education in an eligible institution, subject,

however, to the limitation regarding any debts, liabilities, or obligations of the council set forth in

subsection (19) above, and in § 16-57-12.

     (21) To prescribe rules and regulations deemed necessary or desirable to carry out the

purposes of serving as a guaranty agency for the loans set forth in § 16-59-4 subsection (20) of

this section, including without limitation rules and regulations:

     (i) To ensure compliance by the division with the requirements imposed by statutes or

regulation governing the guaranty, insurance, purchase, or other dealing in eligible loans by federal

agencies, instrumentalities, or corporations,;

     (ii) To set standards of eligibility for educational institutions, students, and lenders and to

define residency and all other terms as the division deems necessary to carry out the purposes of

this chapter,; and

     (iii) To set standards for the administration of programs of postsecondary student financial

assistance assigned by law to the division, including but not limited to savings programs.

Administrative rules governing savings programs shall authorize the division, in conjunction with

the commissioner of postsecondary education, to negotiate reciprocal agreements with institutions

in other states offering similar savings programs for the purpose of maximizing educational benefits

to students in this state.

     (22) To establish penalties for violations of any order, rule, or regulation of the division,

and a method for enforcing these.

     (23) To set and collect fees and charges, in connection with its guaranties and servicing,

including without limitation reimbursement of costs of financing by the division, service charges,

and insurance premiums and fees and costs associated with implementing and administering

savings programs established pursuant to this chapter.

     (24) To hold and operate property previously held by the higher education assistance

authority in trust for the state, and to acquire, hold, and dispose of the property and other like

property as deemed necessary for the execution of its corporate purposes.

     (25) To direct the public colleges of higher education to adopt and, upon approval by the

council, execute a process to accept the advanced placement subject test scores of students who

obtain a three (3) or better in any advanced placement course for college credit.


 

 

 

508)

Section

Amended Chapter Numbers:

 

16-59-6

155 and 156

 

 

16-59-6. Commissioner of postsecondary education.

     The council on postsecondary education, with approval of the board, shall appoint a

commissioner of postsecondary education, who shall serve at the pleasure of the council, provided

that his or her initial engagement by the council shall be for a period of not more than three (3)

years. For the purpose of appointing, retaining, or dismissing a commissioner of postsecondary

education, the governor shall serve as an additional voting member of the council. The position of

commissioner shall be in the unclassified service of the state and he or she shall serve as the chief

executive officer of the council on postsecondary education, the chief administrative officer of the

office of postsecondary commissioner, and the executive director of the division of higher

education assistance. The commissioner of postsecondary education shall have any duties that are

defined in this section and in this title and other additional duties as may be determined by the

council, and shall perform any other duties as may be vested in him or her by law. In addition to

these duties and general supervision of the office of postsecondary commissioner and the

appointment of the several officers and employees of the office, it shall be the duty of the

commissioner of postsecondary education:

     (1) To develop and implement a systematic program of information gathering, processing,

and analysis addressed to every aspect of higher education in the state, especially as that

information relates to current and future educational needs.

     (2) To prepare a strategic plan for higher education in the state aligned with the goals of

the board of education's strategic plan; to coordinate the goals and objectives of the higher public

education sector with the goals of the council on elementary and secondary education and activities

of the independent higher education sector where feasible.

     (3) To communicate with, and seek the advice of those concerned with, and affected by the

board of education's and council's determinations.

     (4) To implement broad policy as it pertains to the goals and objectives established by the

board of education and council on postsecondary education; to promote better coordination

between higher public education in the state, independent higher education in the state as provided

in subsection (10) of this section, and pre kK-12 education; to assist in the preparation of the budget

for public higher education; and to be responsible, upon direction of the council, for the allocation

of appropriations, the acquisition, holding, disposition of property.

     (5) To be responsible for the coordination of the various higher educational functions of

the state so that maximum efficiency and economy can be achieved.

     (6) To assist the board of education in preparation and maintenance of a five-year (5)

strategic funding plan for higher education; to assist the council in the preparation and presentation

annually to the state budget officer in accordance with § 35-3-4 of a total, public higher educational

budget.

     (7) To recommend to the council on postsecondary education, after consultation with the

presidents, a clear and definitive mission for each college.

     (8) To annually recommend to the council on postsecondary education, after consultation

with the presidents, the creation, abolition, retention, or consolidation of departments, divisions,

programs, and courses of study within the public colleges to eliminate unnecessary duplication in

public higher education, to address the future needs of public higher education in the state, and to

advance proposals recommended by the presidents of the public colleges pursuant to §§ 16-33-2.1

and 16-33.1-2.1.

     (9) To supervise the operations of the office of postsecondary commissioner, including the

division of higher education assistance, and any other additional duties and responsibilities that

may be assigned by the council.

     (10) To perform the duties vested in the council with relation to independent higher

educational institutions within the state under the terms of chapter 40 of this title and any other

laws that affect independent higher education in the state.

     (11) To be responsible for the administration of policies, rules, and regulations of the

council on postsecondary education with relation to the entire field of higher education within the

state, not specifically granted to any other department, board, or agency and not incompatible with

law.

     (12) To prepare standard accounting procedures for public higher education and all public

colleges.

     (13) To carry out the policies and directives of the board of education and the council on

postsecondary education through the office of postsecondary commissioner and through utilization

of the resources of the public colleges.

     (14) To enter into interstate reciprocity agreements regarding the provision of

postsecondary distance education; to administer such agreements; to approve or disapprove

applications to voluntarily participate in such agreements from postsecondary institutions that have

their principal place of business in Rhode Island; and to establish annual fees, with the approval of

the council on postsecondary education, for aforesaid applications to participate in an interstate

postsecondary distance education reciprocity agreement.

     (15) To the extent necessary for participation, and to the extent required and stated in any

distance learning reciprocity agreement, to implement procedures to address complaints received

from out-of-state students in connection with, or related to, any Rhode Island postsecondary

institution, public or private, that has been approved to participate in said reciprocity agreement.

     (16) To oversee the processes that the community college of Rhode Island, Rhode Island

college, and the university of Rhode Island adopt and execute, pursuant to §§ 16-32-2(i) and 16-

59-4(25) to accept advanced placement subject test scores of students who obtain a three (3) or

better in any advanced placement course for college credit.

     (17) To collect data annually related to awarding college credit to students who receive test

scores of three (3) or higher on advanced placement courses, including, but not limited to:

     (i) The number of students who receive college credit at each public institution of higher

learning for obtaining advanced placement test scores of three (3) or higher;

     (ii) The number of college credits issued by the community college of Rhode Island, Rhode

Island college, and the university of Rhode Island due to students' advanced placement subject test

score scores of three (3) ("qualified") or better in any advanced placement course; and

     (iii) Any other relevant data as determined by the commissioner.

     (16)(18) To exercise all powers and duties of the division of higher education assistance as

set forth under the terms of chapter 57 of this title.


 

 

 

509)

Section

Amended Chapter Numbers:

 

16-67.1-3

389 and 390

 

 

16-67.1-3. Defining the protocol for a student to leave school.

     (a) Children who have completed sixteen (16) years of life and who have not yet attained

eighteen (18) years of age may not withdraw from school before graduation unless they have

previously developed an alternative learning plan in accordance with subsection § 16-19-1(b) and,

after implementation of the plan:

     (1) The student, the student's parent(s)/guardian and an administrator agree to the

withdrawal;

     (2) At the exit interview, the student and the student's parent(s)/guardian provide written

acknowledgement of the withdrawal that meets the requirements of paragraph (4)(D) of this

subsection subsection (a)(4)(iv) of this section;

     (3) The school principal provides written consent for the student to withdraw from school;

and/or

     (4) The withdrawal is:

     (i) Due to documented financial hardship and the need of the individual to be employed to

support the individual's family or a dependent;

     (ii) Due to documented illness;

     (iii) By order of a court that has jurisdiction over the student; or

     (iv) Accompanied by a written acknowledgement of a withdrawal under subdivision (2) of

this subsection subsection (a)(2) of this section which must include a statement that the student

and the student's parent(s)/guardian understand that withdrawal from school is likely to reduce the

student's future earnings and increase the student's likelihood of being unemployed in the future;.

     (b) If a child of the age described in subsection (a) is habitually absent from school and the

school is unable to contact the parent(s)/guardian., the school may withdraw the child from

enrollment provided that its attempts to contact the parent(s)/guardian by telephone, regular and

registered mail, and home visit are documented. If a child who has been withdrawn from enrollment

under this subsection returns to school, or if the school mistakenly withdraws the child from

enrollment, the child shall immediately be re-enrolled.

     (c) An extended withdrawal pursuant to § 16-19-1 may be authorized which that is not

intended to be a permanent withdrawal but which is extended because of unique difficulties and

interruptions that many students are experiencing because of the COVID-19 pandemic.


 

 

 

510)

Section

Amended Chapter Numbers:

 

16-96-3

297 and 298

 

 

16-96-3. Definitions.

     As used in this chapter:

     (1) "Advanced Placement course" means a course sponsored by the college board and

offered for college credit at the high school level.

     (2) "Advanced Placement teacher" means a teacher of an advanced placement course.

     (3) "Pre-Advanced Placement" means set professional development resources and services

that equip all middle and high school teachers with the strategies and tools they need to engage

their students in active, high-level learning, thereby ensuring that every middle and high school

student develops the skills, habits of mind, and concepts they need to succeed in advanced

placement courses.

     (4) "Board of regents" means the board of regents for elementary and secondary education.

     (5) "FAFSA" means the Free Application for Federal Student Aid form that allows eligible

students the opportunity to obtain federal financial aid through the U.S. Department of Education

to assist with the cost of postsecondary education.

     (6) "Rhode Island alternative financial aid application" means the form that allows eligible

students who are not permitted to fill out the FAFSA an opportunity to apply for state financial aid,

regardless of their immigration status, to assist with the cost of postsecondary education.

     (5)(7) "Vertical team" means a group of teachers and educators from different grade levels

in a given discipline who work cooperatively to develop and implement a vertically aligned

program aimed at helping students from diverse backgrounds acquire the academic skills necessary

for success in advanced placement courses and other challenging courses.


 

 

 

 

511)

Section

Added Chapter Numbers:

 

16-96-6

297 and 298

 

 

16-96-6. Notice to be given regarding applications for student financial assistance.

     (a) On and after July 1, 2023, the guidance department of every public or private high

school in the state shall ensure that notices (the "notice") are provided to students and their parent,

guardian, or responsible adult, regarding the merit and benefits of completing and filing the FAFSA

form (the "FAFSA") and the Rhode Island alternative financial aid application form (the

"alternative application"). This notice shall be provided in either the student’s junior year or no

later than November 1 of the student’s senior year. The guidance department shall determine the

form for providing the notice which that shall best ensure the information is communicated both

to the student and to the student’s parent, guardian, or responsible adult.

     (b) The form of the notice may include, but shall not limited to, a written paper or hard

copy writing or an electronic copy. The notice may be provided in multiple formats. A hard copy

of the notice shall be kept in the student's file.

     (c) The notice shall include, but not be limited to, the following:

     (1) A general explanation of what the FAFSA and the alternative application are;

     (2) The potential merit to and benefits of completing and submitting a FAFSA or

alternative application, including, but not limited to, the awarding of financial aid, income or need-

based aid, merit and other scholarship money, the Promise Scholarship, and Pell Grants, to pursue

post-secondary postsecondary education;

     (3) A general discussion on what financial aid is and the many forms it can take;

     (4) General instructions on how to complete each form; and

     (5) Links to the applicable websites shall also be included.

     (d) The notice may include referrals to organizations, websites, and other resources to

provide more detailed instructions on the completion of the forms.


 

 

512)

Section

Repealed Chapter Numbers:

 

17-4-2

5 and 6

 

 

17-4-2. [Repealed].


 

 

 

513)

Section

Added Chapter Numbers:

 

17-4-2

5 and 6

 

 

17-4-2. Territory in first and second congressional districts.

     (1) It is understood and intended that for the purpose of this section a line described as

running on, on, to or through any street (including road, avenue, lane, way, parkway, expressway,

divided Highway, state route or interstate route, or trail), stream or river, is intended to mean the

centerline of that street, stream or river, and a line described as the shoreline is intended to mean

the line on the mean low water level, and a feature extension is intended to mean the imaginary

straight-line extension from the end of a map feature, usually a street or road, to another feature as

for example, from the end of a dead-end street to a nearby river, in all instances, unless the same

shall be otherwise specified.

     (2) It is further understood and intended that for the purpose of this section, the districts

described in this section shall be composed of United States census geography (tracts and blocks),

as defined by the 2020 version of the "TIGER" files from the United States Census Bureau, whose

boundaries correspond to the below metes and bounds set forth in this section and hereby made a

part of this chapter. A listing of which census blocks are contained within each district shall be

deemed to be incorporated by reference.

     (3)(i) It is further understood and intended that for the purpose of this section, the districts

will be depicted on thirty-nine (39) maps known as Congress Plan B, compiled by Election Data

Services, Inc. for each city and town, and hereinafter may be referred to as town maps.

     (ii) The secretary of state shall keep a copy of each set of the foregoing maps and a copy

of the census tract and block listing available for inspection during ordinary business hours at his

or her office. The secretary of state shall furnish each city and town a copy of the town map covering

that particular city or town within ten (10) days from the date of passage of this act.

     (iii) For purposes of this title, references to "tract" or "CT" shall mean "census tract," as

that demographic unit is established by the United States Bureau of the census for the 2020 census

as described by maps and publications of the bureau. References to "block," "blocks," or "block

groups," refer to those demographic units as established by the United States Census Bureau for

the 2020 census as described by maps and publications of the bureau.

     (iv) Any reference to a "city or town," "city or town boundaries," or "city or town limits"

shall refer to the boundaries or limits of the particular city or town as defined by the 2020 version

of the "TIGER" files from the United States Census Bureau.

     (v) In the census tract and block listing, the first two (2) digits of a census description shall

refer to the State of Rhode Island (44), the next three (3) digits of a census description shall refer

to the county in which the district lies. Bristol county carries the code 001; Kent county carries the

code 003; Newport county carries the code 005; Providence county carries the code 007 and

Washington county carries the code 009. The next six (6) digits refer to the census tract within the

county set forth in the description. The last four (4) digits refer to the census block within the census

tract. "TIGER" is an acronym for the computer readable geographic data base that automates the

mapping and related geographic activities required to support the United States' Census Bureau's

census and survey programs and stands for "Topologically Integrated Geographic Encoding and

Referencing."

     (vi) If any census tract, block, block group, or enumeration district is omitted, listed more

than once, or is only partially provided for, it is intended that the districts be defined in such a

manner as to not omit any area of Rhode Island from a district and to comply with the standard of

Article I, Section 2 of the United States Constitution requiring that districts be reasonably equal. In

order to carry out the intent of the general assembly as expressed in this section the secretary of

state shall, if necessary, undertake measures to insure compliance with this section.

     (vii) In the event of a discrepancy between the metes and bounds description, the

description by census tracts and blocks, and the maps which shall be on file with the secretary of

state, then the listing of census tracts and blocks shall take precedence and be controlling.

     First district: The first congressional district shall consist of all of the towns of: North

Smithfield; Smithfield; Lincoln; Cumberland; North Providence; Barrington; Warren; Bristol;

Portsmouth; Tiverton; Little Compton; Middletown; and Jamestown and the cities of: Woonsocket;

Central Falls; Pawtucket; East Providence; and Newport.

     The first congressional district shall also consist of all of the part of the city of Providence

bounded by a line beginning at the Providence -- North Providence boundary line and State Route

146; thence southerly on State Route 146 to Branch Ave; thence westerly on Branch Ave to Moy

St; thence southerly on Moy St to Concannon St; thence westerly on Concannon St to Douglas

Ave; thence southeasterly on Douglas Ave to Veazie St; thence southeasterly on Veazie St to Eva

St; thence southerly on Eva St to Admiral St; thence easterly on Admiral St to Douglas Ave; thence

southerly on Douglas Ave to Berkshire St; thence northeasterly on Berkshire St to March St; thence

southeasterly on March St to Chad Brown St; thence northeasterly on Chad Brown St to census

block 440070027003019; thence southeasterly on the line between census blocks

440070027003019 -- 440070027003020 and 440070027003019 -- 440070027003021 to Fillmore

St; thence southwesterly on Fillmore St to Douglas Ave; thence southeasterly on Douglas Ave to

Chalkstone Ave; thence northeasterly on Chalkstone Ave to N Davis St; thence southerly on N

Davis St to Douglas Ave; thence southeasterly on Douglas Ave to I-95; thence southerly on I-95 to

Smith St; thence easterly on Smith St to Francis St; thence southerly on Francis St to Gaspee St;

thence easterly on Gaspee St to the eastern boundary line of Providence Amtrak Station and the

New York New Haven and Hartford RR; thence northerly on New York New Haven and Hartford

RR to Smith St; thence easterly on Smith St to the Moshassuck River; thence southerly on the

Moshassuck River to Washington Pl; thence southwesterly on Washington Pl to Memorial Blvd;

thence southeasterly on Memorial Blvd to Dyer St; thence southerly on Dyer St to Eddy St; thence

southeasterly on Eddy St to Elm St; thence southwesterly on Elm St to Richmond St; thence

northwesterly on Richmond St to Ship St; thence westerly on Ship St to Clifford St; thence

southwesterly on Clifford St to Chestnut St; thence northwesterly on Chestnut St to census block

40070008003072; thence northeasterly and northerly on the boundary line between census blocks

40070008003072 - 440070008003067 to Weybosset St; thence southwesterly on Weybosset St to

Broad St; thence southwesterly on Broad St to I-95; thence southeasterly on I-95 to US Hwy 6;

thence easterly on US Hwy 6 to Eddy St; thence southerly on Eddy St to Blackstone St; thence

westerly on Blackstone St to Friendship St; thence southwesterly on Friendship St to Broad St;

thence northerly on Broad St to Trinity Sq; thence southwesterly on Trinity Sq to Bridgham St;

thence northwesterly on Bridgham St to Cranston St; thence southwesterly on Cranston St to

Chapin Ave; thence westerly on Chapin Ave to Messer St; thence southerly on Messer St to

Wendell St; thence westerly on Wendell St to Service Rd 1; thence southerly on Service Rd 1 to

Union Ave; thence westerly on Union Ave to State Highway 10; thence southerly on State Highway

10 to the Providence -- Cranston boundary line; thence southerly and easterly on the Providence --

Cranston boundary line to the New York, New Haven and Hartford RR; thence northeasterly on

the New York, New Haven and Hartford RR to Elmwood Ave; thence southeasterly on Elmwood

Ave to Linden Ave; thence easterly and southerly on Linden Ave to Fredrick C. Greene Memorial

Blvd; thence northeasterly on Fredrick C. Greene Memorial Blvd to Park Path; thence northeasterly

on Park Path to Fredrick C. Greene Memorial Blvd; thence northeasterly, southerly, and easterly

on Fredrick C. Greene Memorial Blvd to Montgomery Ave; thence easterly on Montgomery Ave

to the Providence -- Cranston boundary line; thence easterly on the Providence -- Cranston

boundary line to the Providence -- East Providence boundary line; thence northerly on the

Providence -- East Providence boundary line to the Providence -- Pawtucket boundary line; thence

westerly on the Providence -- Pawtucket boundary line to the Providence -- North Providence

boundary line; thence westerly on the Providence -- North Providence boundary line to the point

of origin.

     Second district: The second congressional district shall consist of all of the towns of:

Burrillville; Glocester; Foster; Scituate; Johnston; Coventry; West Warwick; West Greenwich; East

Greenwich; Exeter; North Kingstown; Narragansett; New Shoreham; South Kingstown;

Charlestown; Richmond; Hopkinton; and Westerly and the cities of: Cranston and Warwick.

     The second congressional district shall also consist of all of the part of the city of

Providence bounded by a line beginning at the Providence -- North Providence boundary line and

State Route 146; thence southerly on State Route 146 to Branch Ave; thence westerly on Branch

Ave to Moy St; thence southerly on Moy St to Concannon St; thence westerly on Concannon St to

Douglas Ave; thence southeasterly on Douglas Ave to Veazie St; thence southeasterly on Veazie

St to Eva St; thence southerly on Eva St to Admiral St; thence easterly on Admiral St to Douglas

Ave; thence southerly on Douglas Ave to Berkshire St; thence northeasterly on Berkshire St to

March St; thence southeasterly on March St to Chad Brown St; thence northeasterly on Chad Brown

St to census block 440070027003019; thence southeasterly on the line between census blocks

440070027003019 -- 440070027003020 and 440070027003019 -- 440070027003021 to Fillmore

St; thence southwesterly on Fillmore St to Douglas Ave; thence southeasterly on Douglas Ave to

Chalkstone Ave; thence northeasterly on Chalkstone Ave to N Davis St; thence southerly on N

Davis St to Douglas Ave; thence southeasterly on Douglas Ave to I-95; thence southerly on I-95 to

Smith St; thence easterly on Smith St to Francis St; thence southerly on Francis St to Gaspee St;

thence easterly on Gaspee St to the eastern boundary line of Providence Amtrak Station and the

New York New Haven and Hartford RR; thence northerly on New York New Haven and Hartford

RR to Smith St; thence easterly on Smith St to the Moshassuck River; thence southerly on the

Moshassuck River to Washington Pl; thence southwesterly on Washington Pl to Memorial Blvd;

thence southeasterly on Memorial Blvd to Dyer St; thence southerly on Dyer St to Eddy St; thence

southeasterly on Eddy St to Elm St; thence southwesterly on Elm St to Richmond St; thence

northwesterly on Richmond St to Ship St; thence westerly on Ship St to Clifford St; thence

southwesterly on Clifford St to Chestnut St; thence northwesterly on Chestnut St to census block

40070008003072; thence northeasterly and northerly on the boundary line between census blocks

40070008003072 -- 440070008003067 to Weybosset St; thence southwesterly on Weybosset St to

Broad St; thence southwesterly on Broad St to I-95; thence southeasterly on I-95 to US Hwy 6;

thence easterly on US Hwy 6 to Eddy St; thence southerly on Eddy St to Blackstone St; thence

westerly on Blackstone St to Friendship St; thence southwesterly on Friendship St to Broad St;

thence northerly on Broad St to Trinity Sq; thence southwesterly on Trinity Sq to Bridgham St;

thence westerly and northwesterly on Bridgham St to Cranston St; thence southwesterly on

Cranston St to Chapin Ave; thence westerly on Chapin Ave to Messer St; thence southerly on

Messer St to Wendell St; thence westerly on Wendell St to Service Rd 1; thence southerly on

Service Rd 1 to Union Ave; thence westerly on Union Ave to State Highway 10; thence southerly

on State Highway 10 to the Providence -- Cranston boundary line; thence southerly and easterly on

the Providence -- Cranston boundary line to the New York, New Haven and Hartford RR; thence

northeasterly on the New York, New Haven and Hartford RR to Elmwood Ave; thence

southeasterly on Elmwood Ave to Linden Ave; thence easterly and southerly on Linden Ave to

Fredrick C. Greene Memorial Blvd; thence northeasterly on Fredrick C. Greene Memorial Blvd to

Park Path; thence northeasterly on Park Path to Fredrick C. Greene Memorial Blvd; thence

northeasterly, southerly, and easterly on Fredrick C. Greene Memorial Blvd to Montgomery Ave;

thence easterly on Montgomery Ave to the Providence -- Cranston boundary line; thence westerly,

southerly and northerly on the Providence -- Cranston boundary line to the Providence -- Johnston

boundary line; thence northerly on the Providence -- Johnston boundary line to the Providence --

North Providence boundary line; thence northeasterly on the Providence -- North Providence

boundary line to the point of origin.


 

 

514)

Section

Amended Chapter Numbers:

 

17-6-1

59 and 60

 

 

17-6-1. General powers and duties.

     (a) The secretary of state shall have those functions, powers, and duties relating to elections

that may be provided by this title or any other law not inconsistent with this chapter. The secretary

of state shall maintain a central roster of all elected and appointed officers of the state, including

for each officer the nature of the officer's tenure and the date of expiration of the officer's term of

office. The secretary of state shall maintain a central register of all persons registered to vote in the

several cities and towns and shall add, amend, delete, and cancel any names appearing on the

register as certified to the secretary by the several local boards and by the state board.

     (b) The secretary of state may compile and publish a complete edition of the election law

that the secretary shall make available to all election officials and candidates upon request and

without charge. The secretary of state shall receive and file certificates of election results as

provided by this title.

     (c) Notwithstanding any provisions of the general laws to the contrary, the office of the

secretary of state shall have the authority to submit and approve the specifications used by the

department of administration in procuring voting systems, voting system-related services, and

accessible voting equipment on behalf of the state.

     (d) The secretary of state, with the assistance of the board of elections, shall conduct a

cybersecurity assessment of election systems and facilities. The cybersecurity assessment shall

include an assessment of the voter registration system, voting equipment, mechanisms to transmit

election results, electronic poll books, and security of facilities.


 

 

 

515)

Section

Added Chapter Numbers:

 

17-6-1.4

59 and 60

 

 

17-6-1.4. Election systems cybersecurity review board.

     (a) The secretary of state shall establish an election systems cybersecurity review board.

The review board shall be comprised of the secretary of state, or designee,; the executive director

of the board of elections, or designee,; the executive director of the Rhode Island League of Cities

and Towns, or designee,; a representative from the Rhode Island national guard,; a representative

from the Rhode Island state police,; and a representative from the Rhode Island division of

information technology.

     (b) The secretary of state, or designee, shall serve as chairperson of the review board.

     (c) It shall be the duty of the election systems cybersecurity review board to review the

assessments conducted by the board of elections and department of state and also to procure a third-

party assessment of the election systems. The review board will provide a security analysis of the

election systems and election facilities and shall issue a report based on its assessment with any

recommendations to improve the cybersecurity of the election systems and election facilities.

     (d) The secretary of state shall adopt rules defining classes of protected election data and

establish best practices for identifying and reducing risk to the electronic use, storage, and

transmission of election data and the security of election systems.

     (e) The cybersecurity review board shall issue a report no later than two (2) months prior

to a statewide primary election referenced in § 17-15-1.


 

 

 

516)

Section

Amended Chapter Numbers:

 

17-6-13

45 and 46

 

 

17-6-13. Electoral process education -- Voter information hotline.

     (a) During each year in which a general election is to be held, the secretary of state shall

identify communities within the state in need of electoral process education by outreaching

community organizations. Electoral process education shall consist of instruction on how a person

may become a candidate for electoral office and how a person registers and votes for candidates

for electoral office. The secretary of state shall furnish electoral process education throughout the

state of Rhode Island in a manner to be determined by the secretary of state.

     (b) The secretary of state shall make available a free telephone hotline to provide the public

with information about the electoral process, including the voting process, registering to vote, and

polling locations. This hotline shall be available in multiple languages.


 

 

 

517)

Section

Added Chapter Numbers:

 

17-6-14

59 and 60

 

 

17-6-14. Cybersecurity training for local boards of canvassers.

     The secretary of state shall offer training annually regarding cybersecurity best practices

to local boards of canvassers.


 

 

518)

Section

Amended Chapter Numbers:

 

17-9.1-27

45 and 46

 

 

17-9.1-27. Periodic updating of voter registration records.

     (a) In every odd-numbered year Not less than four (4) times within a calendar year, the

secretary of state shall update the central voter register using the United States Postal Service

National Change of Address (NCOA) Program. The office of the Secretary secretary of State state

shall be responsible for obtaining the NCOA data and providing each local board of canvassers

with their data; provided, that the updating shall be performed by each local board. The NCOA list

of address changes shall be compared by the local board with lists of registered voters, and if

address changes are detected for any voter, the local board shall institute the confirmation process

described in § 17-9.1-26.

     (b) Each local board of canvassers in each city or town shall send annually, a notice

prescribed by the secretary of state and marked "Do Not Forward -- Return if Undeliverable", to

every active registered voter who has not voted in the past five (5) calendar years and has not

otherwise communicated with the board during that period of time, advising them of their current

polling place and voting eligibility, and informing them that mail that is returned as undeliverable

will initiate the confirmation process described in § 17-9.1-26; provided, however, that the local

boards shall not be obligated to send such notice if the state or federal government fails to

appropriate the necessary funds. The mailing shall take place in all municipalities and be performed

in a uniform manner, in accordance with standards adopted by the secretary of state and the list

maintenance procedures provided by the National Voting Rights Act, 42 U.S.C. § 1973gg.

     (c) The secretary of state shall promulgate regulations for the uniform implementation of

this section, consistent with all applicable federal voting laws.

     (d) Beginning ninety (90) days before any state election and through certification of that

election, local boards shall cease all list maintenance procedures required by this section.


 

 

 

519)

Section

Amended Chapter Numbers:

 

17-10-1

45 and 46

 

 

17-10-1. Maintenance of registration -- Inactive file.

     (a) The local board or its duly authorized agent shall maintain the files of registration cards

in a condition that will correctly represent the registration of qualified voters at all times. It shall

continually purge the cards of voters no longer qualified to vote in the city or town. It shall promptly

record all changes of address, changes of name, and transfers and cancellations of registration.

     (b) If a confirmation card has been mailed to a registered voter at an address outside of the

city or town of the voter's current registered address for voting purposes, or if the confirmation card

has been mailed to an address within the same city or town where the voter is registered, which

card was sent to confirm the voter's continuing residence within the city or town and not merely to

confirm information provided by or through the postal service concerning a change of address

within the city or town, and in both cases the voter has failed to respond to the confirmation card,

the voter shall be stricken from the voting list and the voter registration shall be canceled if the

voter has not voted or appeared to vote in an election during the period beginning on the date of

mailing of the confirmation card and ending on the date after the date of the second general election

that occurs after the date of mailing of the card. Provided, that the registration of any person shall

not be canceled during his or her service in the armed forces of the United States and during two

(2) years thereafter. A voter whose registration has been canceled shall not thereafter be eligible to

vote unless that voter shall again register in accordance with the provisions of this title and in

accordance with the provisions of the Constitution of this state. The local board shall notify the

secretary of state of any cancellation. The local board shall notify each voter whose registration has

been canceled by a notice addressed to the voter at the voter's last known address, and a

memorandum that the notice has been sent shall be maintained on file by the local board; provided,

that failure to give or receive the notice shall not affect the cancellation of the voter's registration.

The local board shall take affirmative action to purge the voter's name from its files of registration

cards.

     (c) Using the central voter registration system, upon receipt of the monthly list of

individuals who have died from the office of vital statistics, as prescribed by § 23-3-5 or provided

by the federal Social Security Administration's master death list, the secretary of state shall identify

all voter registrations that may be reflected on the list and so notify electronically, the local board

of canvassers of each applicable city or town. The local board, upon receipt of the list of deceased

persons from the secretary of state, or upon receipt of an affidavit of death on forms prescribed by

the secretary of state, shall promptly purge its files of registration cards by removing the cards of

each deceased elector and canceling the voter registration information of the deceased elector from

the central voter registration system.

     (d) The local board shall maintain a separate list of all new registrations and all transfers

of registration which are received by the board within the thirty-(30) day (30) period prior to the

close of registration prior to each primary, regular, and special election. The list shall be maintained

until the time that the election is held.


 

 

 

520)

Section

Amended Chapter Numbers:

 

17-10-5

39 and 40

 

 

17-10-5. Canvass and correction of preliminary lists.

     (a) The local board shall, before the twentieth (20th) day preceding each election, meet and

canvass the preliminary lists and hear objections to the inclusion or omission of any person as a

registered voter, and it shall at that time make a final canvass and correction of the registration files.

It shall give notice of the time and place of the meeting, for at least ten (10) days previous to it, by

posting notices of the meeting in the same manner as required by this chapter for the posting of the

preliminary list, and by publication once, at least ten (10) days previous to the meeting, in one or

more newspapers having general circulation in on the official website maintained by the city or

town. At or following the meeting, the local board shall strike from the lists and direct the

cancellation of the registration of every person who is not qualified to vote at the election for which

the final canvass is made, and shall immediately notify the secretary of state of that action. No

registration shall be cancelled or a voter's right to vote be otherwise limited based upon a finding

that the voter no longer resides within the city or town unless the voter has confirmed either in

person or in writing that the voter no longer resides within the city or town or the board has received

written evidence that the voter has registered to vote within another city or town or in another state.

     (b) The local boards may meet and canvass the voting lists of any senatorial district,

representative district or districts, ward or wards, or voting district or districts in any senatorial or

representative district, ward, or voting district, or at their office or other previously designated

place, at any other convenient time or times, on the same day or different days, not inconsistent

with the provisions of this chapter.


 

 

 

 

521)

Section

Amended Chapter Numbers:

 

17-10-6

102 and 103

 

 

17-10-6. Evidence given at final canvass.

     Any qualified elector shall have the right to appear before the local board on the date set

for final canvass and give evidence concerning the correctness of the preliminary registration list.

Upon the basis of all the evidence, the local board shall make any further corrections in the

registration records that it may find necessary. A stenographic record or electronic audio recording

shall be taken at the proceedings and maintained as a permanent record of the board of canvassers.


 

 

 

 

 

 

 

522)

Section

Amended Chapter Numbers:

 

 

17-18-3

41 and 42

 

 

 

17-18-3. Warning and organization of senatorial district, representative district, and

voting district meetings.

     Senatorial district meetings, representative district meetings, and voting district meetings

for the purposes of election shall be warned and organized as is or may be provided by law, and

notice of all these meetings shall be given by the city or town clerk issuing his or her warrant,

directed to the town sergeant or one of the constables of that city or town, or in the event that the

town sergeant or a constable is not available, to any member of the town or city clerk's office or

member of the board of canvassers, directing him or her to post, at least seven (7) days before the

day appointed for these meetings, written notifications in one or more public places in each voting

district, and in each senatorial and representative district not divided into voting districts, of the

time when, and place where, each meeting is to be held, and of the business required by law to be

transacted in the meeting, and stating in the warrant the time of the opening and closing of the polls

at each elective meeting to be held in that city or town; provided, that the local boards may, at their

discretion, substitute notification by publication in a newspaper having local circulation for

notification by posting in public places; and further provided, that in the cities of Providence,

Pawtucket, Central Falls, Newport, Cranston, Warwick, and Woonsocket, the notice shall be given

and posted by the local board.

 


 

 

 

523)

Section

Amended Chapter Numbers:

 

 

17-19-8.1

45 and 46

 

 

 

17-19-8.1. Ballots for voters who are blind, visually impaired, or disabled.

     (a) Any voter who is blind or visually impaired or disabled is eligible to request a special

ballot for voting by mail ballot. Special mail ballots are available in Braille braille or tactile format.

     (b) Requests must be made in writing to the local board of canvassers where the person is

registered to vote or through the electronic voter registration portal established by §§ 17-20-2.3 and

17-20-8 at least forty-five (45) twenty-one (21) days before the election for which the voter is

requesting the special ballot. In addition, the request will be valid for all elections held during the

calendar year in which the request was received and in which the voter is eligible to participate.

Applicants must also file the appropriate mail ballot application as required by chapter 20 of this

title for each election in which they wish to participate.

     (c) The office of the secretary of state shall prepare and provide the appropriate form, which

shall be available at local boards and upon request from the office of the secretary of state. The

voter may also choose to submit his or her request in writing without using the form provided, as

long as the communication contains all of the required information. The request shall include the

following information:

     (1) The name and registered address of the voter;

     (2) A daytime telephone number;

     (3) An indication of whether this request is for the entire calendar year or only for the next

upcoming election;

     (4) The voter's political party affiliation, if the request for a special ballot is also for

primaries; and

     (5) Indicate the special ballot format.

     (d) All requests received by local boards must be processed and forwarded to the office of

the secretary of state within twenty-four (24) hours of receipt. The secretary of state shall maintain

a list of all persons requesting special Braille braille or tactile mail ballots and must forward a copy

of the list to the state board of elections at least eighteen (18) days before the date of any election.

     (e) The state board may adopt rules and regulations for the procedure for the manual

reproduction of voted ballots, when necessary, and the tabulation of Braille braille and tactile mail

ballots.

     (f) The office of the secretary of state shall be responsible for the preparation and

distribution of special Braille braille and tactile mail ballots. Whenever possible, the secretary of

state shall prepare the Braille braille or tactile mail ballot so that the voted ballot can be read by

the tabulation equipment, rather than being manually reproduced by election officials onto a

machine readable ballot.

     (g) The office of the secretary of state may adopt rules and regulations setting forth the

procedure for the preparations preparation and distribution of the Braille braille and tactile mail

ballots.

     (h) The office of the secretary of state shall prepare and publish a guide describing the types

of ballots available and the manner in which each ballot can be voted. This guide shall be revised

whenever the types of ballots available are updated. This guide shall be available in print, Braille

braille, audio, or other accessible formats.

     (i) The office of the secretary of state shall establish a special Braille braille and tactile

ballot program for voters who are blind or visually impaired. The office of the secretary of state

shall expand the special ballot service to other voters with disabilities, as feasible, as determined

by the secretary of state, and incorporate other accessible formats as technology and resources

allow.

     (j) In accordance with the Help America Vote Act of 2003 2002, the voting system at each

polling place shall be accessible for individuals with disabilities, including nonvisual accessibility

for the blind and visually impaired, in a manner that provides the same opportunity for access and

participation as for other voters.

 


 

 

 

524)

Section

Amended Chapter Numbers:

 

17-20-1

45 and 46

 

 

17-20-1. Voting by mail ballot.

     The electors of this state who, for any of the reasons set forth in § 17-20-2, being otherwise

qualified to vote, are unable to vote in person, shall have the right to vote, in the manner and time

provided by this chapter, in all general and special elections and primaries, including presidential

primaries in this state for electors of president and vice-president of the United States, United States

senators in congress Congress, representatives in congress Congress, general officers of the state,

senators and representatives in the general assembly for the respective districts in which the elector

is duly qualified to vote, and for any other officers whose names appear on the state ballot and for

any city, town, ward, or district officers whose names appear on the respective city or town ballots

in the ward or district of the city or town in which the elector is duly qualified to vote, and also to

approve or reject any proposition of amendment to the Constitution or other propositions appearing

on the state, city, or town ballot.


 

 

 

525)

Section

Amended Chapter Numbers:

 

17-20-1.1

45 and 46

 

 

17-20-1.1. Declaration of policy.

     Those electors who are unable to vote in person at the polls for the reasons set forth in §

17-20-2 vote by mail are entitled to vote in a manner which reasonably guarantees the secrecy of

their ballots. The procedures set forth in this chapter are designed to promote the effective exercise

of their rights while safeguarding those voters who utilize the mail ballot process from harassment,

intimidation, and invasion of privacy. The procedures are intended to prevent misuse of the

electoral system by persons who are not eligible to vote by mail ballot. The provisions of this

chapter shall be interpreted to effectuate the policies set forth in this section.


 

 

 

 

526)

Section

Amended Chapter Numbers:

 

17-20-2

45 and 46

 

 

17-20-2. Eligibility for mail ballots.

     Any otherwise qualified elector may vote by mail ballot in the following circumstances:

     (1) An elector, within the State of Rhode Island who is incapacitated to the extent that it

would be an undue hardship to vote at the polls because of illness, or mental or physical disability,

blindness, or serious impairment of mobility;

     (2) An elector who is confined in any hospital, convalescent home, nursing home, rest

home, or similar institution, public or private, within the State of Rhode Island;

     (3) An elector who will be temporarily absent from the state because of employment or

service intimately connected with military operations or who is a spouse or legal dependent residing

with that person, or a United States citizen that who will be outside of the United States;

     (4) An elector who may not be able to vote at his or her polling place in his or her city or

town on the day of the election chooses to vote by mail for any reason.


 

 

 

 

527)

Section

Amended Chapter Numbers:

 

17-20-2.1

45 and 46

 

 

17-20-2.1. Requirements for validity of mail ballot and mail ballot applications.

     (a) Any legally qualified elector of this state whose name appears upon the official voting

list of the city, town, or district of the city or town where the elector is qualified, and who desires

to avail himself or herself of the right granted to him or her by the Constitution and declared in this

chapter, may obtain from the local board in the city or town an affidavit a form prepared by the

secretary of state as prescribed in this section, setting forth the elector's application for a mail ballot

or may apply online in accordance with § 17-20-2.3.

     (b) Whenever any person is unable to sign his or her name because of physical incapacity

or otherwise, that person shall make his or her mark "X".

     (c) The application, when duly executed, shall be delivered To receive a ballot in the mail,

an elector must submit an application in person or by mail, so that it is received by the local board,

or received electronically through the portal established by § 17-20-2.3, not later than four o'clock

(4:00) p.m. on the twenty-first (21st) day before the day of any election referred to in § 17-20-1.

     (d) In addition to those requirements set forth elsewhere in this chapter, a mail ballot, in

order to be valid, must have been cast in conformance with the following procedures:

     (1) All mail ballots issued pursuant to subdivision § 17-20-2(1) shall be mailed to the

elector at the Rhode Island address provided by the elector on the application. In order to be valid,

the voter must affix his or her signature on all certifying envelopes containing a voted ballot must

be made before a notary public or before two (2) witnesses who shall set forth their addresses on

the form.

     (2) All applications for mail ballots pursuant to § 17-20-2(2) must state under oath the

name and location of the hospital, convalescent home, nursing home, or similar institution where

the elector is confined. All mail ballots issued pursuant to subdivision § 17-20-2(2) shall be

delivered to the elector at the hospital, convalescent home, nursing home, or similar institution

where the elector is confined; and the ballots shall be voted and witnessed in conformance with the

provisions of § 17-20-14.

     (3) All mail ballots issued pursuant to subdivision § 17-20-2(3) shall be mailed to the

address provided by the elector on the application or sent to the board of canvassers in the city or

town where the elector maintains his or her voting residence. In order to be valid, the voter must

affix his or her signature of the elector on the certifying envelope containing voted ballots does not

need to be notarized or witnessed. Any voter qualified to receive a mail ballot pursuant to

subdivision § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of United

States Public Law 99-410 Uniformed and Overseas Citizens Absentee Voting Act ("UOCAVA

Act").

     (4) All mail ballots issued pursuant to subdivision § 17-20-2(4) may be mailed to the elector

at the address within the United States provided by the elector on the application or sent to the

board of canvassers in the city or town where the elector maintains his or her voting residence. In

order to be valid, the voter must affix his or her signature on all certifying envelopes containing a

voted ballot must be made before a notary public, or other person authorized by law to administer

oaths where signed, or where the elector voted, or before two (2) witnesses who shall set forth their

addresses on the form. In order to be valid, all ballots sent to the elector at the board of canvassers,

must be voted in conformance with the provisions of § 17-20-14.2.

     (e) Any person knowingly and willfully making a false application or certification, or

knowingly and willfully aiding and abetting in the making of a false application or certification,

shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1.

     (f) In no way shall a mail ballot application be disqualified if the voter's circumstances

change between the time of making the application and voting his or her mail ballot as long as the

voter remains qualified to receive a mail ballot under the provisions of § 17-20-2. The local board

of canvassers shall provide the state board of elections with written notification of any change in

circumstances to a mail ballot voter.


 

 

 

528)

Section

Amended Chapter Numbers:

 

17-20-2.2

45 and 46

 

 

17-20-2.2. Requirements for validity of emergency mail ballots.

     (a) Any legally qualified elector of this state whose name appears upon the official voting

list of the town or district of the city or town where the elector is so qualified, who on account of

circumstances manifested twenty (20) days or less prior to any election becomes is eligible to vote

by emergency mail ballot according to this chapter. Within twenty (20) days or less prior to any

electionthe elector may obtain from the local board an application for an emergency mail ballot

or may complete an emergency in-person mail ballot application on an electronic poll pad at the

board of canvassers where the elector maintains his or her residence.

     (b) The emergency mail ballot application, when duly executed, shall be delivered in

person or by mail so that it shall be received by the local board, or received electronically through

the portal established by § 17-20-2.3, not later than four o'clock (4:00) p.m. on the last day

preceding the date of the election.

     (c) The elector shall execute the emergency mail ballot application in accordance with the

requirements of this chapter, which application shall contain a certificate setting forth the facts

relating to the circumstances necessitating the application.

     (d) In addition to those requirements set forth elsewhere in this chapter, an emergency mail

ballot, except those emergency mail ballots being cast pursuant to subsection (g) of this section, in

order to be valid, must have been cast in conformance with the following procedures:

     (1) All mail ballots issued pursuant to § 17-20-2(1) shall be mailed to the elector at the

state of Rhode Island address provided on the application by the office of the secretary of state, or

delivered by the local board to a person presenting written authorization from the elector to receive

the ballots, or cast in private at the local board of canvassers. In order to be valid, the voter must

affix his or her signature of the voter on the certifying envelope containing a voted ballot must be

made before a notary public, or other person authorized by law to administer oaths where signed,

or where the elector voted, or before two (2) witnesses who shall set forth their addresses on the

form. In order to be valid, all ballots sent to the elector at the board of canvassers must be voted in

conformance with the provisions of § 17-20-14.2.

     (2) All applications for emergency mail ballots pursuant to § 17-20-2(2) must state under

oath the name and location of the hospital, convalescent home, nursing home, or similar institution

where the elector is confined. All mail ballots issued pursuant to this subdivision shall be delivered

to the elector by the bipartisan pair of supervisors, appointed in conformance with this chapter, and

shall be voted and witnessed in conformance with the provisions of § 17-20-14.

     (3) All mail ballots issued pursuant to § 17-20-2(3) shall be mailed by the office of the

secretary of state to the elector at an address provided by the elector on the application, or cast at

the board of canvassers in the city or town where the elector maintains his or her voting residence.

The signature of the elector on the certifying envelope containing the voted ballots issued pursuant

to the subdivision does not need to be notarized or witnessed. Any voter qualified to receive a mail

ballot pursuant to § 17-20-2(3) shall also be entitled to cast a ballot pursuant to the provisions of

United States Public Law 99-410 Uniformed and Overseas Citizens Absentee Voting Act

("UOCAVA Act").

     (4) All mail ballots issued pursuant to § 17-20-2(4) shall be cast at the board of canvassers

in the city or town where the elector maintains his or her voting residence or mailed by the office

of the secretary of state to the elector at the address within the United States provided by the elector

on the application, or delivered to the voter by a person presenting written authorization by the

voter to pick up the ballot. In order to be valid, the voter must affix his or her signature of the voter

on all certifying envelopes containing a voted ballot must be made before a notary public, or other

person authorized by law to administer oaths where signed, or where the elector voted, or before

two (2) witnesses who shall set forth their addresses on the form. In order to be valid, all ballots

sent to the elector at the board of canvassers must be voted in conformance with the provisions of

§ 17-20-14.2.

     (e) The secretary of state shall provide each of the several boards of canvassers with a

sufficient number of mail ballots for their voting districts so that the local boards may provide the

appropriate ballot or ballots to the applicants. It shall be the duty of each board of canvassers to

process each emergency ballot application in accordance with this chapter, and it shall be the duty

of each board to return to the secretary of state any ballots not issued immediately after each

election.

     (f) Any person knowingly and willfully making a false application or certification, or

knowingly and willfully aiding and abetting in the making of a false application or certification,

shall be guilty of a felony and shall be subject to the penalties provided for in § 17-26-1.

     (g) An emergency mail ballot application may be completed in person using an electronic

poll pad provided by the board of canvassers upon presentation by the voter of valid proof of

identity pursuant to § 17-19-24.2. Upon completion of the poll pad application, the voter shall be

provided with a ballot issued by the secretary of state and upon completion of the ballot by the

voter, the voter shall place the ballot into the state-approved electronic voting device, provided by

the board of elections and secured in accordance with a policy adopted by the board of elections.


 

 

 

 

 

 

 

 

 

529)

Section

Amended Chapter Numbers:

 

17-20-2.3

45 and 46

 

 

17-20-2.3. Online application for mail ballot.

     (a) In addition to any other available means of applying for a mail ballot, the secretary of

state shall establish and maintain a system, through which voters may apply for a mail ballot online.

     (b) Applications filed using such system shall be considered filed on the calendar date the

application is initially transmitted by the voter through the online mail ballot application system.

     (c) A voter shall be able to apply for a mail ballot using the online ballot application system

when the voter:

     (1) Completes an online mail ballot application form, established by the secretary of state,

substantially similar to the paper-based mail ballot application form established by § 17-20-13;

     (2) Affirms, subject to penalty of perjury, by means of electronic or manual signature, that

the information contained in the mail ballot application is true; and

     (3) Verifies the voter's identity by providing the voter's date of birth and a Rhode Island

driver's license number or state identification number.

     (d) The portal for mail ballot applications shall be available in any language required by

federal or state voting rights laws.

     (e) To ensure full, equal, and independent access to all voters with disabilities, the portal

for mail ballot applications shall comply with all requirements under Title II of the Americans with

Disabilities Act, 42 U.S.C. §§ 12131-12165, and Web Content Accessibility Guidelines (WCAG)

2.0 compliance level AA.


 

 

 

 

530)

Section

Added Chapter Numbers:

 

17-20-3

45 and 46

 

 

17-20-3. Definitions.

     (a) Wherever used in this chapter, every word importing only the masculine gender is

construed to extend to, and include, females as well as males.

     (b) Whenever used in this chapter, "bipartisan pairs of supervisors" for primaries means a

supervisor representing the endorsed candidates and a supervisor representing a majority of

unendorsed candidates, and for nonpartisan elections and primaries means non-partisan pairs of

supervisors.

     (c) Wherever used in this chapter, "employed outside of the United States" includes any

person who is:

     (1) Employed by any agency, department, or division of the United States government and

who, by reason of that employment, resides outside of the continental United States;

     (2) Employed outside the territorial limits of the United States; or

     (3) A spouse or dependent residing with persons so employed.

     (d) Wherever used in this chapter, "services intimately connected with military operations"

includes members of religious groups or welfare agencies assisting members of the armed forces

who are officially attached to and serving with the armed forces and their spouses and dependents,

and the spouses and dependents of members of the armed forces and of the merchant marine;

provided, that the spouses and dependents are residing outside of the state with the members of the

armed forces, merchant marine, or members of the religious or welfare agencies.

     (e) Whenever a signature is required by a voter in this chapter, "signature" also means the

voter's mark "X" if the person is unable to sign his or her name because of physical incapacity or

otherwise.

     (f) Whenever used in this chapter, "bipartisan" means not of the same recognized political

party.

     (g) Whenever used in this chapter, "emergency" voting pursuant to § 17-20-2.2(g) shall be

construed to mean "early" voting.


 

 

 

531)

Section

Amended Chapter Numbers:

 

17-20-6.1

188 and 189

 

 

17-20-6.1. Alternative methods of voting by citizens covered by the Uniformed and

Overseas Citizens Absentee Voting Act (UOCAVA) and other citizens residing outside the

United States.

     (a) It is the intent and purpose that the provisions set forth in this section are designed to

facilitate the federal mandate of the Uniformed and Overseas Citizens Absentee Voting Act

(UOCAVA), 42 U.S.C. § 1973ff 52 U.S.C. § 20301 et seq.

     (b) The Federal Post Card Application (FPCA) may be used as a request for an absentee

ballot by:

     (1) A member of the armed forces who is absent from the state by reason of being in active

service;

     (2) Any person absent from the state in performance of "services intimately connected with

military operations" as defined in § 17-20-3(d);

     (3) Any person who is employed outside of the United States as defined in § 17-20-3(c);

and

     (4) Any person who does not qualify under subparagraph (1), (2), or (3) above, but who is

a citizen of the United States and absent from the state and residing outside the United States as

described in chapter 21.1 of this title 17.

     (c) The single FPCA card shall permit the person to request an absentee ballot for each

primary and election through the next general election for federal office or for the time period

specified by federal law in which the voter is eligible to vote.

     (d) The FPCA card must be received by the local board of canvassers where the person last

maintains his/her his or her residence for voting purposes within the time frame for applying for

absentee ballots as set forth in this title.

     (e) If the FPCA, when used in accordance with this section, is sent by the voter through

electronic transmission, it must be sent to the secretary of state and it must be received by the

secretary of state by the deadline for applying for absentee ballots as set forth in this title. The

secretary of state shall then forward the FPCA to the appropriate local authority who shall

immediately certify and return the FPCA to the secretary of state with the notation that the

corresponding ballots shall be sent by mail and electronic transmission. The secretary of state shall

transmit ballots only to the facsimile number provided by the Federal Voter Assistance Program.

The secretary of state shall approve electronically transmitted ballots to and from eligible voters

only through a service or solution that meets the following requirements:

     (1) The system has had one or more independent security reviews;

     (2) Demonstrates the system meets the National Institute of Standards and Technology

(NIST) Cybersecurity Framework guidelines or federal cybersecurity framework guidelines of a

successor designated federal agency or organization; and

     (3) Approved by the secretary of state.

      The ballots sent by electronic transmission shall be returned to the state board by electronic

transmission. These ballots will be counted at the state board in accordance with rules and

regulations promulgated by the state board.

     (f) The voter's signature on the FPCA does not need to be witnessed or notarized, when the

FPCA is submitted as provided in this section.

     (g) If a voter is casting a mail ballot received through the use of the FPCA card as provided

in this section, the voter's signature does not need to be witnessed or notarized on the certifying

envelope used for the return of the voted mail ballot.


 

 

 

532)

Section

Amended Chapter Numbers:

 

17-20-8

45 and 46

 

 

17-20-8. Application for ballot.

     (a) Whenever any person is unable to sign his or her name because of physical incapacity

or otherwise, that person shall make his or her mark "X".

     (b) Notwithstanding any other provision of this chapter as to time and manner thereof, it

shall be the duty of the applicant to cause the mail ballot application or the emergency mail ballot

application, as the case may be, to be processed by the local board so that the applicant may receive

the ballot, cast it, and cause delivery thereof to be made to the state board not later than eight o'clock

(8:00) p.m. on the date of election.

     (c) The local board shall maintain a separate list of names and addresses of all applicants

and their subscribing witnesses and a copy of the list shall be made available for inspection to any

person upon request.

     (d) Any person knowingly and willfully making a false application or certification or

knowingly and willfully aiding and abetting in the making of a false application or certification17-20-9

shall be guilty of a felony.

     (e) Voters shall be able to apply for a mail ballot electronically through the voter

registration portal established by § 17-20-2.3.


 

 

 

533)

Section

Amended Chapter Numbers:

 

17-20-9

45 and 46, 188 and 189

 

 

17-20-9.  Application by permanently disabled or incapacitated voters and nursing home residents.

     (a) A voter who is indefinitely confined because of physical illness or infirmity or is

disabled for an indefinite period or who is a long-term resident in a nursing home, may, by signing

an affidavit to that effect, request that an absentee a mail ballot application be sent to him or her

automatically for every election. The affidavit form and instructions shall be prescribed by the

secretary of state, and furnished upon request to any elector by each local board of canvassers. The

envelope containing the absentee mail ballot application shall be clearly marked as not forwardable.

If any elector is no longer indefinitely confined or is no longer residing in a nursing home, he or

she shall notify the clerk of the local board of canvassers of this fact. The clerk shall remove the

name of any voter from the mailing list established under this section upon receipt of reliable

information that a voter no longer qualifies for the service. The voter shall be notified of the action

within five (5) days after the board takes the action.

     (b) The affidavit form and instructions prescribed in this section shall be mailed to the

applicant along with a stamped return envelope addressed to the local boards of canvassers. The

secretary of state may process applications pursuant to this section through the online mail ballot

application portal established by § 17-20-2.3.

     (c) For purposes of this section, "nursing home" refers to facilities defined and licensed by

the department of health. "Long-term" excludes any residents temporarily residing in such a facility

for rehabilitation.

     (d) The secretary of state shall maintain a list in the central voter registration system of all

voters who automatically receive applications for mail ballots, pursuant to this section.

 

PL. 188 and Pl. 189

(b) The affidavit form and instructions prescribed in this section shall be mailed to the

applicant along with a stamped return envelope addressed to the local boards of canvassers.

     (c)(e) Eligible disabled voters, shall be entitled to electronically receive and return their

mail ballot, using the same electronic transmission system as that used by voters covered by the

Uniformed and Overseas Citizens Absentee Voting Act. (UOCAVA). This electronic process shall

satisfy the federal Rehabilitation Act, section 508 concerning accessibility standards.

     (d)(f) For purposes of this section, "eligible disabled voter" means a disabled person

eligible to vote who is incapacitated to such an extent that it would be an undue hardship to vote at

the polls because of illness, mental or physical disability, blindness, or a serious impairment of

mobility.


 

 

 

 

534)

Section

Amended Chapter Numbers:

 

17-20-10

45 and 46, 57 and 58

 

 

17-20-10. Certification of applications -- Issuance of ballots -- Marking of lists -- Mailing address.

     (a) Upon receipt of the application, the local board shall immediately examine it and

determine whether it complies with each of the requirements set forth by this chapter and compare

the signature on the ballot application with the signature contained on the original registration card,

except as may be otherwise provided by law, to satisfy itself that the applicant is a qualified voter.

Upon determining that it does meet each requirement of this chapter and that the signature appears

to be the same, the local board shall mark the application "accepted" and record in the space

provided on the ballot application the senatorial, representative, and voting district in which the

applicant should vote.

     (b) The local board shall also record the city or town code and district information in the

mailing label section of the mail ballot application. The local board shall also print or type the name

of the elector and the complete mailing address in that section. If the local board does not accept

the application, the local board shall return the application to the elector, together with a form

prescribed by the secretary of state, specifying the reason or reasons for the return of the application.

     (c) Not later than 4:00 p.m. on the eighteenth (18th) day before the day of any election

referred to in this chapter or within seven (7) days of receipt by the local board, whichever occurs

first, the local board shall certify the applications to the secretary of state through the CVRS central

voter registration system as this procedure is prescribed by the secretary of state. Upon the

certification of a mail ballot application to the secretary of state, the local board shall enter on the

voting list the fact that a mail ballot application for the voter has been certified and shall cause the

delivery of the certified mail ballot applications together with the signed certified listing thereof in

sealed packages to the state board of elections.

     (d)(1) Upon the ballots becoming available, the secretary of state shall immediately issue

and mail, by first-class mail, postage prepaid, a mail ballot to each eligible voter who has been

certified. With respect to voters who have applied for these mail ballots under the provisions of §

17-20-2(1), the secretary of state shall include with the mail ballots a stamped, return envelope

addressed to the board of elections.

     (2) The secretary of state shall include on the mail ballot envelope a numerical or

alphabetical code designating the city or town where the voter resides. The secretary of state shall

immediately thereafter indicate on the voter's record that the secretary of state has sent mail ballots;

provided that this mark shall serve solely to indicate that a mail ballot has been issued and shall not

be construed as voting in the election.

     (e) Prior to each election, the secretary of state shall also furnish to the chairperson of the

state committee of each political party a list of the names and residence addresses of all persons to

whom mail ballots have been issued. The secretary of state shall also furnish to a candidate for

political office, upon request, a list of the names and residence addresses of all persons to whom

mail ballots have been issued within his or her district.

     (f) If a ballot is returned to the secretary of state by the postal service as undeliverable, the

secretary of state shall consult with the appropriate local board to determine the accuracy of the

mailing address, and the secretary of state shall be required to remail the ballot to the voter using

the corrected address provided by the local board. If the local board is unable to provide a different

address than that to which the ballot was originally mailed, the ballot shall be reissued by the

secretary of state to the board of canvassers in the city or town where the voter resides utilizing the

numerical or alphabetical code established in subsection (d) of this section. The board shall then

attempt to notify the voter at his or her place of residence that the ballot has been returned as

undeliverable. The ballot must be voted and witnessed in accordance with the provisions of this

chapter.

     (g) The acceptance of a mail ballot application by the board of canvassers and the issuance

of a mail ballot by the secretary of state shall not create any presumption as to the accuracy of the

information provided by the applicant or as to the applicant's compliance with the provisions of

this chapter. Any inaccuracy in the provided information or irregularity in the application may be

raised as a challenge to the ballot before the board of elections at the time of certification. If the

challenge raised at that time is meritorious, the ballot shall be voided.

     (h) Within two (2) business days of receipt by the local board, the board shall certify

emergency mail ballot applications and shall cause the delivery of the emergency mail ballot

applications, and certification sheet in sealed packages to the state board of elections.

 

PL.57 and PL.58

   (a) Upon receipt of the application, the local board shall immediately examine it and

determine whether it complies with each of the requirements set forth by this chapter and compare

the signature on the ballot application with the signature contained on the original registration card

or on the central voter registration system, except as may be otherwise provided by law, to satisfy

itself that the applicant is a qualified voter. Upon determining that it does meet each requirement

of this chapter and that the signature appears to be the same, the local board shall mark the

application "accepted" and record in the space provided on the ballot application the senatorial,

representative, and voting district in which the applicant should vote.


 

 

 

535)

Section

Amended Chapter Numbers:

 

17-20-13

45 and 46

 

 

17-20-13. Form of application.

     The application to be subscribed by the voters before receiving a mail ballot shall, in

addition to those directions that may be printed, stamped, or written on it by authority of the

secretary of state, be in substantially the following form:

STATE OF RHODE ISLAND

APPLICATION OF VOTER FOR BALLOT FOR ELECTION ON

(COMPLETE HIGHLIGHTED SECTIONS)

     NOTE -- THIS APPLICATION MUST BE RECEIVED BY THE BOARD OF

CANVASSERS OF YOUR CITY OR TOWN NOT LATER THAN 4:00 P.M ON ________

BOX A (PRINT OR TYPE)

NAME _________________

VOTING ADDRESS_____________________________

CITY/TOWN_________________________________________STATE RI ZIP CODE________

DATE OF BIRTH___________ PHONE # ____________

BOX B (PRINT OR TYPE)

NAME OF INSTITUTION (IF APPLICABLE)_______________________________

ADDRESS__________________________

ADDRESS__________________________

CITY/TOWN____________________ STATE__________ ZIP CODE_____________

FACSIMILE NUMBER (if applicable)____________________

I CERTIFY THAT I AM ELIGIBLE FOR A MAIL BALLOT ON THE FOLLOWING BASIS;

(CHECK ONE ONLY)

     () 1. I am incapacitated to such an extent that it would be an undue hardship to vote at the

polls because of illness, mental or physical disability, blindness, or a serious impairment of

mobility. If the ballot is not being mailed to your voter registration address (BOX A above) please

provide the Rhode Island address where you are temporarily residing in BOX B above.

     () 2. I am confined in a hospital, convalescent home, nursing home, rest home, or similar

institution within the State of Rhode Island. Provide the name and address of the facility where you

are residing in BOX B above

     () 3. I am employed or in service intimately connected with military operations or because

I am a spouse or dependent of such person, or I am a United States citizen and will be outside the

United States. Complete BOX B above or the ballot will be mailed to the local board of canvassers.

     () 4. I may not be able to vote at the polling place in my city or town on the day of the

election. I choose to vote by mail. If the ballot is not being mailed to your voter registration address

(BOX A above) please provide the address within the United States where you are temporarily

residing in BOX B above. If you request that your ballot be sent to your local board of canvassers

please indicate so in BOX B above.

BOX D OATH OF VOTER

     I declare that all of the information I have provided on this form is true and correct to the

best of my knowledge. I further state that I am not a qualified voter of any other city or town or

state and have not claimed and do not intend to claim the right to vote in any other city or town or

state. If unable to sign name because of physical incapacity or otherwise, applicant shall make his

or her mark "X".

     SIGNATURE IN FULL____________________________________

Please note: A Power of Attorney signature is not valid in Rhode Island.


 

 

 

536)

Section

Amended Chapter Numbers:

 

17-20-13.1

45 and 46

 

 

17-20-13.1. Form of emergency mail ballot application.

     The emergency mail ballot application to be subscribed by the voters before receiving a

mail ballot shall, in addition to any directions that may be printed, stamped, or written on the

application by authority of the secretary of state, be in substantially the following form:

STATE OF RHODE ISLAND

EMERGENCY APPLICATION OF VOTER FOR BALLOT FOR ELECTION ON________

(COMPLETE HIGHLIGHTED SECTIONS)

NOTE -- THIS APPLICATION MUST BE RECEIVED BY THE BOARD OF

CANVASSERS OF YOUR CITY OR TOWN NOT LATER THAN 4:00 P.M. ON________

BOX A (PRINT OR TYPE)

NAME

VOTING ADDRESS

CITY/TOWN ______________STATE RI ZIP CODE

DATE OF BIRTH____________________PHONE#

BOX B (PRINT OR TYPE)

NAME OF INSTITUTION (IF APPLICABLE)

ADDRESS

ADDRESS

CITY/TOWN______________STATE________ ZIP CODE

     I CERTIFY THAT I AM ELIGIBLE FOR A MAIL BALLOT ON THE

FOLLOWING BASIS: (CHECK ONE ONLY)

     ( ) 1. I am incapacitated to such an extent that it would be an undue hardship to vote at

the polls because of illness, mental or physical disability, blindness or a serious impairment of

mobility. If not voting ballot at local board, ballot will be mailed to the address in BOX A above

or to the Rhode Island address provided in BOX B above. If the ballot is to be delivered by the

local board of canvassers to a person presenting written authorization to pick up the ballot, complete

BOX A above and fill in the person's name below.

     I hereby authorize to pick up my ballot at

my local board of canvassers.

     ( ) 2. I am confined in a hospital, convalescent home, nursing home, rest home, or

similar institution within the State of Rhode Island. Provide the name and address of the facility

where you are residing in BOX B above.

     ( ) 3. I am employed or in service intimately connected with military operations or

because I am a spouse or dependent of such person, or I am a United States citizen who will be

outside the United States. If not voting ballot at local board, provide address in BOX B above.

     ( ) 4. I may not be able to vote at the polling place in my city or town on the day of the

election I choose to vote by mail. If the ballot is not being mailed to your voter registration address

(BOX A above) please provide the address within the United States where you are temporarily

residing in BOX B above. If you request that your ballot be sent to your local board of canvassers

please indicate so in BOX B above.

     I hereby authorize to pick up my ballot at

my local board of canvassers.

     Under the pains and penalty of perjury, I certify that on account of the following

circumstances manifested twenty (20) days or less prior to the election for which I make this

application. I will be unable to vote at the polls.

     BOX D OATH OF VOTER

     I declare that all of the information I have provided on this form is true and correct to the

best of my knowledge. I further state that I am not a qualified voter of any other city or town or

state and have not claimed and do not intend to claim the right to vote in any other city or town or

state. If unable to sign name because of physical incapacity or otherwise, applicant shall make his

or her mark "X".

     SIGNATURE IN FULL

     Please note: A Power of Attorney signature is not valid in Rhode Island.


 

 

 

537)

Section

Amended Chapter Numbers:

 

17-20-14

45 and 46

 

 

17-20-14. Voting from hospitals, convalescent homes, nursing homes, rest homes or

similar institutions, public or private, within the State of Rhode Island -- Penalty for

interference.

     (a) The state board of elections shall appoint as many bipartisan pairs of supervisors as are

necessary whose duty it shall be to attend each hospital, rest home, nursing home and convalescent

home, or similar types of personal care facility in the state within twenty (20) days prior to the

election. They shall supervise the casting of votes by persons using mail ballots at a place that

preserves their secrecy and shall take acknowledgments or serve as witnesses, and jointly provide

assistance, if requested, to assure proper marking, sealing, and mailing of ballots as voted. Every

mail ballot cast by a patient in a hospital or convalescent home within this state must be witnessed

by the state supervisors. It shall be the duty of the person or persons in charge of hospitals, rest

homes, nursing homes and convalescent homes, or similar types of personal care facility to allow

the state supervisors to perform their duties as set forth in this section at all reasonable times. Every

person who willfully hinders the state supervisors in performing their duties as set forth in this

section shall be guilty of a misdemeanor.

     (b) It shall be the responsibility of the state board of elections to provide all bipartisan pairs

of supervisors with an official identification card. All bipartisan pairs of supervisors will be

required to have in their possession their identification card when conducting official business.

     (c) Any person who deliberately misrepresents themselves as an official of the board of

elections, or who deceives, coerces, or interferes with a voter casting a ballot, shall be subject to

prosecution under § 17-20-30.


 

 

 

538)

Section

Amended Chapter Numbers:

 

17-20-14.1

45 and 46

 

 

17-20-14.1. Mail ballots -- Local supervision.

     Each local board shall be authorized to appoint one or more bipartisan pairs of supervisors

in the manner that other bipartisan pairs of supervisors are appointed for each election, whose duty

it shall be to attend each person who makes an application for a mail ballot under §§ 17-20-2.1 and

17-20-2.2, who does not fall under the provisions of § 17-20-14, and who requests that a bipartisan

pair of supervisors be sent by the board of canvassers to that person's place of residence for the

purpose of supervising or assisting the mail voter in casting his or her vote. The bipartisan pairs of

supervisors shall supervise the casting of votes by persons using the mail ballot at a place that

preserves their secrecy and shall take acknowledgments or serve as witnesses, and jointly provide

assistance, if requested, to assure proper marking, sealing, and mailing of ballots as voted. The

failure or neglect of any local board to appoint these bipartisan pairs, or the failure or neglect of

any pair to attend any place at which a mail voter's ballot may be used, or the marking, sealing, or

mailing of ballots in the absence of any pair, shall not invalidate any ballot.


 

 

 

539)

Section

Amended Chapter Numbers:

 

17-20-14.2

45 and 46

 

 

17-20-14.2. Voting from board of canvassers.

     The local board of canvassers shall appoint as many supervisors as are necessary whose

duty it shall be to supervise the casting of votes by persons using mail ballots at a place that

preserves their secrecy and to take acknowledgments or serve as witnesses, and jointly provide

assistance, if requested, to assure proper marking, sealing, and mailing of ballots as voted. Every

certifying envelope containing a mail ballot cast at a board of canvassers must have the signature

of the elector notarized by an appointed person authorized by law to administer oaths or before two

(2) appointed witnesses who shall set forth their signature on the form. The certifying envelope of

any mail ballot voted at the local board of canvassers shall be stamped by the local board to indicate

it was voted on in conformance with the law. Every person who willfully hinders the local

supervisors in performing their duties as set forth in this section shall be guilty of a misdemeanor.

The local board shall transmit a list to the state board of elections containing the names and

signatures of people authorized to witness mail ballots.


 

 

 

 

540)

Section

Amended Chapter Numbers:

 

17-20-21

45 and 46

 

 

17-20-21. Certifying envelopes.

     The secretary of state shall cause to be prepared and printed and shall furnish with each

mail ballot an envelope for sealing up and certifying the ballot when returned. The envelope shall

be printed in substantially the following form:

     "After marking ballot or ballots, fold and enclose in this envelope and seal it. Certify to

statement hereon. Enclose in envelope addressed to board of elections, which must receive the

envelope not later than the time prescribed by § 17-18-11 for the closing of polling places on the

day of election."

Date of Election______________ City/Town of__________________

Certificate of Voter

Print Name of Voter

     I swear or affirm, under penalty of perjury, that I am:

     I am a United States citizen;

     I am a resident and qualified voter of the State of Rhode Island;

     I am eligible to cast a mail ballot under the provisions of § 17-20-2; and

     I am not qualified to vote elsewhere. I have not and will not vote elsewhere in

     this election.

     I hereby attest under the pains and penalty of perjury, that the enclosed voted

ballot was cast by me, and that the signature or mark on this certifying envelope was

made by me.

     Voter must sign full name here:

     (If unable to sign name because of physical incapacity or otherwise, voter shall make his

or her mark "(X)").

     I hereby attest under penalty of perjury that the enclosed voted ballot was cast, and the

signature or mark on this certifying envelope was made by the voter whose name appears on

the label above.

     Before me the __________ day of ___________ 20____, at ___________ (city or town),

county of ___________, state of ____________, personally appeared the above named voter,

to me known and known by me to be the person who affixed his or her signature to this ballot

envelope.

___________________________________

      Notary Public

     Notary must also print his or her name

     Witness:

     ___________________________ ____________________________

     (Signature)(Print Name) (Address)

     (Signature)(Print Name) (Address)

     Note: Mail ballots must either be sworn to before a notary public or before two (2)

witnesses who must sign their names and addresses.


 

 

 

541)

Section

Added Chapter Numbers:

 

17-20-22.1

45 and 46

 

 

17-20-22.1. Mail ballot drop boxes.

     (a) "Drop box" means the locked and secure container established and maintained by the

board of elections, in accordance with this section, that shall serve as a receptacle for the receipt of

mail and emergency ballots cast by voters. Every drop box established by the board of elections

shall be deemed to be the property of the board of elections and shall be accessible to the public,

beginning twenty (20) days prior to the date of a state election and twenty-four (24) hours per day

and seven (7) days per week throughout this period, if established outside a municipal building,

and during the normal business hours of the facility if established inside a municipal building. All

drop boxes must be accessible on election day, from the time polls open until the time they close,

in accordance with §§ 17-18-10 and 17-18-11. Any ballot that is cast by a voter, as either a mail

ballot, or emergency ballot, and is deposited into a drop box on or before the close of polls on

election day, shall be deemed to be received by and in the possession of the board of elections. At

the close of polls on election day, upon the last ballot deposited by any person in line at that time,

a designated agent of the board of elections shall ensure that no other ballots are deposited in the

drop box.

     (b) Drop boxes must be labeled "State of Rhode Island Official Ballot Drop Box for Mail

Ballots," and include language about postage and display the official seal of the board of elections.

Drop boxes must be accessible by persons with disabilities. Drop boxes shall be monitored by a

video surveillance system.

     (c) No town or city shall have fewer than one drop box. A drop box may be established

inside a municipal building, only if the building remains open and accessible to the public

throughout the prescribed time period prior to election day and until the close of the polls, in

accordance with § 17-18-10. A drop box shall also be placed outside the Office office of the Board

board of Elections elections and the Election Division election division of the Office office of the

Secretary secretary of State state. Drop boxes must be placed in locations that are accessible to

persons with disabilities.

     (d) Each local board of canvassers shall determine the location of every drop box located

within the geographic area over which that local board has authority, in accordance with the

regulations promulgated by the board of elections.

     (e) Each drop box shall not accept the deposit of mail ballots after the last person in line to

deposit a ballot in that drop box at the time the polls close, on the day of the election, has deposited

their ballot.

     (f) Each local board shall make the location of every drop box within the area over which

it has authority publicly available on its website, to the extent feasible. The board of elections shall

make the location of all drop boxes located within the state, publicly available at its office and on

its website.

     (g) The board of elections shall designate one or more staff members of each local board

of canvassers, as the official agents of the board of elections, for purposes of retrieving ballots

deposited in drop boxes and establish a schedule and process by which drop boxes are regularly

emptied and any ballots they contain are securely and promptly transported to the board of

elections.

     (h) The board of elections shall promulgate regulations consistent with this section,

including regulations for the location of drop boxes and the receipt, storage, security, regular

collection, and transportation of the mail ballots returned.

     (i) The board of elections may promulgate regulations for the use of drop boxes for

depositing mail ballot applications during the applicable timeframe for accepting mail ballot

applications.


 

 

 

542)

Section

Amended Chapter Numbers:

 

17-20-23

45 and 46

 

 

17-20-23. Marking and certification of ballot.

     (a) A voter may vote for the candidates of the voter's choice by making a mark in the space

provided opposite their respective names.

     (b) In case a voter desires to vote upon a question submitted to the vote of the electors of

the state, the voter shall mark in the appropriate space associated with the answer that the voter

desires to give.

     (c) Voters receiving a mail ballot pursuant to § 17-20-2(1), (2), and (4) shall mark the ballot

in the presence of two (2) witnesses or some officer authorized by the law of the place where

marked to administer oaths. Voters receiving a mail ballot pursuant to § 17-20-2(3) do not need to

have their ballot witnessed or notarized. Except as otherwise provided for by this chapter, the voter

shall not allow the official or witnesses to see how he or she marks the ballot and the official or

witnesses shall hold no communication with the voter, nor the voter with the official or witnesses,

as to how the voter is to vote. Thereafter, the The voter shall enclose and seal the ballot in the

envelope provided for it. The voter shall then execute before the official or witnesses the

certification on the envelope. The voter shall then enclose and seal the certified envelope with the

ballot in the envelope addressed to the state board and cause the envelope to be delivered to the

state board on or before election day.

     (d) These ballots shall be counted only if received within the time limited by this chapter.

     (e) There shall be a space provided on the general election ballot to allow the voter to write

in the names of persons not in nomination by any party as provided for in §§ 17-19-31 and 17-20-

24.


 

 

 

543)

Section

Amended Chapter Numbers:

 

17-20-24.1

45 and 46

 

 

17-20-24.1. Irregularities in obtaining and casting mail ballots.

     The requirements set forth by this chapter controlling mail ballot eligibility and the

procedure by which mail ballots are obtained and cast shall be strictly applied to assure the integrity

of the electoral system. No mail ballot which was not obtained and/or cast in material conformance

with the provisions of this title shall be certified by the board of elections. Notwithstanding the

provisions of § 34-12-3 to the contrary, any mail ballot application or mail ballot certification

notarized by a person who is not in fact a notary public or other officer authorized to administer

oaths and take acknowledgements shall be void. Nothing in this chapter shall be construed to

require the disqualification of a ballot merely because the elector did not sign the elector's full name

as it is listed on the voter registration list, but omitted or included a middle initial or name,

abbreviated a first and/or middle name, or made a similar omission or inclusion, as long as the

board of elections can reasonably determine the identity of the voter.


 

 

 

544)

Section

Added Chapter Numbers:

 

17-20-26

57 and 58

 

 

17-20-26. Opening and counting of ballots.

     (a)(1) Beginning prior to and continuing on election day the state board, upon receipt of

mail ballots, shall keep the ballots in a safe and secure place that shall be separate and apart from

the general public area and sufficiently monitored through security measures including security

cameras. The board shall:

     (i) Open the outer envelope and attach the matching ballot application to the inner

certifying envelope;

     (ii) Beginning fourteen (14), beginning twenty (20) days prior to and continuing on election

day, proceed to certify the mail ballots.

     (2) Notice of these sessions shall be given to the public on the state board of elections'

website, and the secretary of state's website, and announcements in newspapers of general

circulation published posted at least twenty-four (24) hours before the commencing of any session.

All candidates for state and federal office, as well as all state party chairpersons, shall be given

notice by telephone, email or otherwise of the day on which ballots affecting that candidate's district

will be certified; provided, that failure to effect the notice shall in no way invalidate the ballots.

     (b) This processing shall be done within a railed space in the room in which it takes place,

and the board shall admit within the railed space, in accordance with those rules that the board shall

adopt, to witness the processing and certification of the ballots, the interested voter or the voter's

representative, the candidates, or at least one representative of each candidate for whom votes are

at the time being processed, and an equal number of representatives of each political party. These

representatives shall be authorized in writing by the voter, the candidate, or the chairperson of the

state committee of the political party, respectively, as the case may be. The board shall also, in

accordance with these rules, admit representatives of the press and newscasting agencies and any

other persons that it deems proper.

     (c) At these sessions, and before certifying any ballot, the state board shall:

     (1) Determine the city or town in which the voter cast his or her ballot and classify

accordingly; and

     (2) Compare the name, residence, and signature of the voter with the name, residence, and

signature on the central voter registration system ballot application for mail ballots and satisfy itself

that both signatures are identical. The board shall designate two (2) persons, to review and compare

each voter's signature with the voter's signature found in the central voter registration system. If

both designees agree that the signatures match, the mail ballot shall proceed to be processed,

certified, and tabulated. In the event that one or both designees find a discrepancy with the voter's

signature, the certification envelope shall then be reviewed by a pair of supervising board staff

members. If the pair of supervising board staff members find that the signatures match, then the

mail ballot shall proceed to be processed, certified, and tabulated. In the event that one or both

supervising board staff members find a discrepancy in the voter's signature, the supervising board

staff shall compare the signature on the certification envelope to the voter's ballot application. If

the pair of supervising board staff members find that those signatures match, then the mail ballot

shall proceed to be processed, certified, and tabulated. In the event that one or both supervising

board staff members find a discrepancy in the voter's signature, the supervising board staff shall

compare the signature on the certification envelope to the voter's ballot application. If the pair of

supervising board staff members find that the signatures match, then the mail ballot shall proceed

to be processed, certified, and tabulated. In the event that one or both supervising board staff

members find a discrepancy in the voter's signature, the certification envelope shall be segregated,

and the board will notify the voter of the discrepancy, in accordance with regulations and

procedures promulgated by the board. Any segregated certification envelope that has not been

cured or fully addressed by the voter, in accordance with the board's promulgated regulations and

procedures, shall be reviewed by the board to make a final determination on the signature set forth

on the certification envelope.

     (d) [Deleted by P.L. 2015, ch. 259, § 1.]

     (e) The board shall establish guidelines setting forth the grounds for challenging the

certification of mail ballots. These guidelines shall recognize that if a ballot can be reasonably

identified to be that of the voter it purports to be, and if it can reasonably be determined that the

voter was eligible to vote by mail ballot and if the requirements of § 17-20-2.1 were complied with,

it should not be subject to frivolous or technical challenge. The burden of proof in challenging a

mail ballot as not obtained and/or cast in conformance with this chapter is on the person challenging

the ballot. Once the irregularity is shown, the burden of proof shall shift to the person defending

the ballot to demonstrate that it is the ballot of the voter it purports to be, that the voter was eligible

to vote by mail ballot, and that all of the applicable requirements of § 17-20-2.1 were complied

with. The guidelines shall be adopted at a public meeting of the board and shall be made available

prior to the start of the certification process for mail ballots. The board shall promulgate regulations

that allow for challenges to the certification process by the interested voter, the voter's

representative, the candidates, and representatives of the recognized political parties. Such

challenges shall be made to the executive director of the board, or the executive director's designee.

The decision of the executive director or designee, shall be subject to review by the board.

     (f) After processing and certification of the mail ballots, they shall be separated in packages

in accordance with their respective cities and towns, in the presence of the board and all other

interested parties. Thereupon, in each instance the board staff shall open the enclosing envelope,

and without looking at the votes cast on the enclosed ballot, shall remove the ballot from the

envelope. The state board staff shall proceed to tabulate the ballots through the use of a central

count optical-scan unit with the same effect as if the ballots had been cast by the electors in open

town or district meetings.

     (g) When a local election is held at a time other than in conjunction with a statewide

election, the state board, after the processing and certification of the mail ballots cast in the local

election, shall package the local ballots to be promptly delivered in sealed packages, bearing upon

the seals the signatures of the members of the board, to the appropriate local board which shall [a]

thereupon proceed to count the ballots in the same manner and with the same effect as state mail

ballots are counted by the state board.

     (h) When a local election is held in New Shoreham at a time other than in conjunction with

a statewide election, the state board, after the processing and certification of the mail ballots cast

in the local election, shall have the authority to count the ballots in the same manner and with the

same effect as state mail ballots are counted by the state board in a statewide election. Once the

ballots are counted, the results shall be sent via facsimile to the local board in New Shoreham.


 

 

 

545)

Section

Amended Chapter Numbers:

 

17-20-30

45 and 46

 

 

17-20-30. Penalty for violations.

     (a) Any person who knowingly makes or causes to be made any material false statement in

connection with his or her application to vote as a mail voter, or who votes or attempts to vote

under the provisions of this chapter, by fraudulently signing the name of another upon any envelope

provided for in this chapter, or who, not being a qualified voter and having knowledge or being

chargeable with knowledge of the fact, attempts to vote under this chapter, or who votes the ballot

of another voter, or who deliberately prevents or causes to prevent the mail ballot to be received by

the voter or to be returned to the board of elections, or who falsely notarizes or witnesses the voter

signature on the ballot application or mail ballot, or who deceives, coerces, or interferes with the

voter casting his or her ballot, and any person who does or attempts to do, or aid in doing or

attempting to do, a fraudulent act in connection with any vote cast or to be cast under the provisions

of this chapter, shall be guilty of a felony.

     (b) Any person who, having received a mail voter's ballot and having voted or not voted

the mail ballot, votes or fraudulently attempts to vote at any elective meeting within the state held

on the day for which the ballot was issued shall be guilty of a felony.

     (c) Any officer or other person who intentionally opens a mail voter's certified envelope or

examines the contents before the envelope is opened by the board of elections, as provided in this

chapter, shall be guilty of a felony.

     (d) The offenses in this section shall be punishable by imprisonment of not more than ten

(10) years and/or by a fine of not less than five hundred dollars ($500) nor more than five thousand

dollars ($5000).


 

 

 

546)

Section

Repealed Chapter Numbers:

 

17-20-32

45 and 46

 

 

17-20-32. [Repealed].


 

 

 

 

547)

Section

Repealed Chapter Numbers:

 

17-28-1 to 17-28-8

190 and 191

 

 

17-28-1 to 17-28-8. [Repealed].


 

 

 

548)

Section

Added Chapter Numbers:

 

17-28-9

190 and 191

 

 

17-28-9. Voting by participant in the address confidentiality program.

     (a) A participant in the address confidentiality program established by chapter 162 of title

42 who is qualified to vote may apply for a mail ballot for all elections in the city or town in which

that individual resides in the same manner as mail ballot voters who qualify under chapter 20 of

this title 17. The program participant may use their his or her substitute address on the mail ballot

application. The board of canvassers shall transmit the ballot to the program participant at the

address designated in the application.

     (b) No election official shall release a program participant's actual address. Neither the

name nor the address of a program participant shall be included in any list of registered voters

available to the public.

     (c) The secretary of state and the board of elections may adopt any rules or regulations

deemed necessary to facilitate administration of this section.


 

 

 

549)

Section

Amended Chapter Numbers:

 

19-2-12

338 and 339

 

 

19-2-12. Relocation of branches.

     Any financial institution or credit union may relocate a branch upon sixty (60) days prior

written notice to the director, or the director's designee, provided that the relocated branch is:

     (1) To be located within the same city or town as the existing branch; or

     (2) To be located within a one ten (10) mile radius of the existing branch; and

     (3) The existing branch will be closed upon construction and/or occupancy of the relocated

branch.


 

 

 

550)

Section

Repealed Chapter Numbers:

 

19-4-5

338 and 339

 

 

19-4-5. [Repealed].


 

 

 

 

551)

Section

Repealed Chapter Numbers:

 

19-4-7

338 and 339

 

 

19-4-7. [Repealed].


 

 

 

 

552)

Section

Added Chapter Numbers:

 

19-4-19

338 and 339

 

 

19-4-19. Resident agent -- Financial institutions.

     Each bank and lending institution doing business in this state, whether acting under state

or federal authority, shall maintain a resident agent in this state who shall have authority to endorse

insurance claim checks on behalf of those banks and lending institutions, which banks and lending

institutions shall include, but are not limited to:

     (1) A bank, savings bank, or trust company, as defined in this title, its affiliates or

subsidiaries,;

     (2) A bank holding company, as defined in 12 U.S.C. § 1841, its affiliates or subsidiaries,;

     (3) Mortgage companies,; and

     (4) Any other individual, corporation, partnership, or association authorized to take

deposits and/or to make loans of money under the provisions of this title 19.


 

 

 

553)

Section

Amended Chapter Numbers:

 

19-12-1

338 and 339

 

 

19-12-1. Application for receivership.

     (a) The director, or the director's designee, is empowered immediately to take possession

of any financial institution, or credit union, or other licensee under this title and its assets if, upon

examination, any financial institution or credit union, which has or has not invoked the

conservatorship provisions or the voluntary liquidation provisions of this title, appears to be

insolvent by reason of:

     (1) The financial institution's, or credit union's, or other licensee's financial condition is

such that the sum of the financial institution's, or credit union's, or other licensee's debts are greater

than all of the financial institution's, or credit union's, or other licensee's property at a fair valuation,

exclusive of property transferred, concealed, or removed with intent to hinder, delay, or defraud

the financial institution's, or credit union's, or other licensee's creditors or because it is generally

not paying or is unable to pay its debts as they become due; or

     (2) The financial institution's, or credit union's, or other licensee's condition is such as to

render the continuance of its business hazardous to the public or to those having funds in its

custody; or

     (3) The financial institution, or credit union, or other licensee has failed to maintain

adequate deposit insurance as required by this title; or

     (4) The financial institution, or credit union, or other licensee has failed to remedy unsafe

or unsound practices in violation of a cease and desist order.

     (b) The director may apply to the superior court for the appointment of the director, or one

of the director's deputies as receiver. , or both, or in In the case when a financial institution's or

credit union's deposits are insured by the Federal Deposit Insurance Corporation, the National

Credit Union Administration, or any other agency or instrumentality of the United States that

insures the deposits of the financial institution or credit union, as a receiver or receivers of the

financial institution, or credit union, or other licensee, and for the receiver may request an injunction

to restrain the financial institution, or credit union, or other licensee under this title, in whole or in

part, from further proceeding with its business, and the court shall have jurisdiction in equity of the

application.


 

 

 

554)

Section

Amended Chapter Numbers:

 

19-14-1

338 and 339

 

 

19-14-1. Definitions.

     Unless otherwise specified, the following terms shall have the following meanings

throughout chapters 14, 14.1, 14.2, 14.3, 14.4, 14.6, 14.8, 14.10, and 14.11 of this title:

     (1) "Bona fide employee" shall mean an employee of a licensee who works under the

oversight and supervision of the licensee.

     (2) "Check" means any check, draft, money order, personal money order, or other

instrument for the transmission or payment of money. For the purposes of check cashing, travelers

checks or foreign denomination instruments shall not be considered checks. "Check cashing" means

providing currency for checks.

     (3) "Check casher" means a person or entity who or that, for compensation, engages, in

whole or in part, in the business of cashing checks.

     (4) "Currency transmission" means engaging in the business of any of the following:

     (i) Sale or issuance of payment instruments or stored value primarily for personal, family,

or household purposes; or

     (ii) Receiving money or monetary value for transmission or holding funds incidental to

transmission within the United States or to locations abroad by any and all means, including

payment instrument, stored value, wire, facsimile, or electronic transfer, primarily for personal,

family, or household purposes. This includes maintaining control of virtual currency or transactions

in virtual currency on behalf of others.

     (5) "Deferred-deposit transaction" means any transaction, such as those commonly known

as "payday loans," "payday advances," or "deferred-presentment loans," in which a cash advance

is made to a customer in exchange for the customer's personal check or in exchange for the

customer's authorization to debit the customer's deposit account and where the parties agree either

that the check will not be cashed or deposited, or that the customer's deposit account will not be

debited until a designated future date.

     (6) [Deleted by P.L. 2019, ch. 226, § 1 and P.L. 2019, ch. 246, § 1.]

     (7) "Deliver" means to deliver a check to the first person who, in payment for the check,

makes, or purports to make, a remittance of, or against, the face amount of the check, whether or

not the deliverer also charges a fee in addition to the face amount and whether or not the deliverer

signs the check.

     (8) "Insurance premium finance agreement" means an agreement by which an insured, or

prospective insured, promises to pay to an insurance premium finance company the amount

advanced, or to be advanced, under the agreement to an insurer or to an insurance producer, in

payment of a premium, or premiums, on an insurance contract, or contracts, together with interest

and a service charge, as authorized and limited by this title.

     (9) "Insurance premium finance company" means a person or entity engaged in the

business of making insurance premium finance agreements or acquiring insurance premium finance

agreements from other insurance premium finance companies.

     (10)(i) "Lender" means any person who makes or funds a loan within this state with the

person's own funds, regardless of whether the person is the nominal mortgagee or creditor on the

instrument evidencing the loan;

     (ii) A loan is made or funded within this state if any of the following conditions exist:

     (A) The loan is secured by real property located in this state;

     (B) An application for a loan is taken by an employee, agent, or representative of the lender

within this state;

     (C) The loan closes within this state;

     (D) A retail installment contract as defined herein is created;

     (D)(E) The loan solicitation is done by an individual with a physical presence in this state;

or

     (E)(F) The lender maintains an office in this state.;

     (iii) The term "lender" shall also include any person engaged in a transaction whereby the

person makes or funds a loan within this state using the proceeds of an advance under a line of

credit over which proceeds the person has dominion and control and for the repayment of which

the person is unconditionally liable. This transaction is not a table-funding transaction. A person is

deemed to have dominion and control over the proceeds of an advance under a line of credit used

to fund a loan regardless of whether:

     (A) The person may, contemporaneously with, or shortly following, the funding of the

loan, assign or deliver to the line of credit lender one or more loans funded by the proceeds of an

advance to the person under the line of credit;

     (B) The proceeds of an advance are delivered directly to the settlement agent by the line-

of-credit lender, unless the settlement agent is the agent of the line-of-credit lender;

     (C) One or more loans funded by the proceeds of an advance under the line of credit is

purchased by the line-of-credit lender; or

     (D) Under the circumstances, as set forth in regulations adopted by the director, or the

director's designee, pursuant to this chapter.

     (11) "Licensee" means any person licensed under this chapter.

     (12) "Loan" means any advance of money or credit including, but not limited to:

     (i) Loans secured by mortgages;

     (ii) Insurance premium finance agreements;

     (iii) The purchase or acquisition of retail installment contracts or advances to the holders

of those contracts;

     (iv) Educational loans;

     (v) Any other advance of money; or

     (vi) Any transaction, such as those commonly known as "payday loans," "payday

advances," or "deferred-presentment loans," in which a cash advance is made to a customer in

exchange for the customer's personal check, or in exchange for the customer's authorization to debit

the customer's deposit account, and where the parties agree either, that the check will not be cashed

or deposited, or that customer's deposit account will not be debited, until a designated future date.

     (13) "Loan broker" means any person or entity who or that, for compensation or gain, or

in the expectation of compensation or gain, either directly or indirectly, solicits, processes,

negotiates, places, or sells a loan within this state for others in the primary market, or offers to do

so. A loan broker shall also mean any person who is the nominal mortgagee or creditor in a table-

funding transaction. A loan is brokered within this state if any of the following conditions exist:

     (i) The loan is secured by real property located in this state;

     (ii) An application for a loan is taken or received by an employee, agent, or representative

of the loan broker within this state;

     (iii) The loan closes within this state;

     (iv) The loan solicitation is done by an individual with a physical presence in this state; or

     (v) The loan broker maintains an office in this state.

     (14) "Loan-closing services" means providing title services, including title searches, title

examinations, abstract preparation, insurability determinations, and the issuance of title

commitments and title insurance policies, conducting loan closings, and preparation of loan-closing

documents when performed by, or under the supervision of, a licensed attorney, licensed title

agency, or licensed title insurance company.

     (15) "Loan solicitation" shall mean an effectuation, procurement, delivery and offer, and

or advertisement of a loan. Loan solicitation also includes providing or accepting loan applications

and assisting persons in completing loan applications and/or advising, conferring, or informing

anyone regarding the benefits, terms and/or conditions of a loan product or service. Loan

solicitation does not include loan processing or loan underwriting as defined in this section. Loan

solicitation does not include telemarketing that is defined, for purposes of this section, to mean

contacting a person by telephone with the intention of collecting such person's name, address, and

telephone number for the sole purpose of allowing a mortgage loan originator to fulfill a loan

inquiry.

     (16) "Loan underwriting" shall mean a loan process that involves the analysis of risk with

respect to the decision whether to make a loan to a loan applicant based on credit, employment,

assets, and other factors, including evaluating a loan applicant against a lender's various lending

criteria for creditworthiness, making a determination for the lender as to whether the applicant

meets the lender's pre-established credit standards, and/or making a recommendation regarding

loan approval.

     (17) "Monetary value" means a medium of exchange, whether or not redeemable in fiat

currency.

     (18) "Mortgage loan" means a loan secured in whole, or in part, by real property located in

this state.

     (19) "Mortgage loan originator" has the same meaning set forth in § 19-14.10-3(6).

     (20) "Nationwide Multistate Licensing System" means a system involving more than one

state, the District of Columbia, or the Commonwealth of Puerto Rico and that is established to

facilitate the sharing of regulatory information and the licensing, application, reporting, and

payment processes, by electronic or other means, for mortgage lenders and loan brokers and other

licensees required to be licensed under this chapter.

     (21) "Natural person employee" shall mean any natural person performing services as a

bona fide employee for a person or entity licensed under § 19-14-1 et seq., in return for a salary,

wage, or other consideration, where such salary, wage, or consideration is reported by the licensee

on a federal form W-2 payroll record. The term does not include any natural person or business

entity performing services for a person licensed under the provisions of Rhode Island general laws

in return for a salary, wage, or other consideration, where such salary, wage, or consideration is

reported by the licensee on a federal form 1099.

     (22) "Negative equity" means the difference between the value of an asset and the

outstanding portion of the loan taken out to pay for the asset, when the latter exceeds the former

amount.

     (23) "Negotiates" shall mean, with respect to a loan, to confer directly with, or offer advice

directly to, a loan applicant or prospective loan applicant for a loan product or service concerning

any of the substantive benefits, terms, or conditions of the loan product or service.

     (24) "Nonprofit organization" means a corporation qualifying as a 26 U.S.C. § 501(c)(3)

nonprofit organization, in the operation of which no member, director, officer, partner, employee,

agent, or other affiliated person profits financially other than receiving reasonable salaries if

applicable.

     (25) "Operating subsidiary" shall mean a majority-owned subsidiary of a financial

institution or banking institution that engages only in activities permitted by the parent financial

institution or banking institution.

     (26) "Oversight and supervision of the licensee" shall mean that the licensee provides

training to the employee, sets the employee's hours of work, and provides the employee with the

equipment and physical premises required to perform the employee's duties, and supervises the

services provided by the employee to the licensee.

     (27) "Personal money order" means any instrument for the transmission or payment of

money in relation to which the purchaser or remitter appoints, or purports to appoint, the seller as

his or her agent for the receipt, transmission, or handling of money, whether the instrument is signed

by the seller, or by the purchaser, or remitter, or some other person.

     (28) "Primary market" means the market in which loans are made to borrowers by lenders,

whether or not through a loan broker or other conduit.

     (29) "Principal owner" means any person or entity who or that owns, controls, votes, or has

a beneficial interest in, directly or indirectly, ten percent (10%) or more of the outstanding capital

stock and/or equity interest of a licensee.

     (30) "Processes" shall mean, with respect to a loan, any of a series of acts or functions,

including the preparation of a loan application and supporting documents, performed by a person

that leads to, or results in, the acceptance, approval, denial, and/or withdrawal of a loan application,

including, without limitation, the rendering of services, including loan underwriting, obtaining

verifications, credit reports or appraisals, communicating with the applicant and/or the lender or

loan broker, and/or other loan processing and origination services, for consideration by a lender or

loan broker. Loan processing does not include the following:

     (i) Providing loan closing services;

     (ii) Rendering of credit reports by an authorized credit reporting agency; and

     (iii) Rendering of appraisal services.

     (31) "Provisional employee" means a natural person who, pursuant to a written agreement

between the natural person and a wholly owned subsidiary of a financial holding company, as

defined in the Bank Holding Company Act of 1956 (12 U.S.C. § 1841 et seq.), as amended, a bank-

holding company, savings-bank-holding company, or thrift-holding company, is an exclusive agent

for the subsidiary with respect to mortgage loan originations and the subsidiary: (a) Holds a valid

loan broker's license; and (b) Enters into a written agreement with the director, or the director's

designee, to include:

     (i) An "undertaking of accountability," in a form prescribed by the director, or the director's

designee, for all of the subsidiary's exclusive agents to include full-and-direct financial and

regulatory responsibility for the mortgage loan originator activities of each exclusive agent as if

said exclusive agent were an employee of the subsidiary;

     (ii) A business plan, to be approved by the director, or the director's designee, for the

education of the exclusive agents, the handling of consumer complaints related to the exclusive

agents, and the supervision of the mortgage loan origination activities of the exclusive agents; and

     (iii) A restriction of the exclusive agents' mortgage loan originators' activities to loans to

be made only by the subsidiary's affiliated bank.

     (32) "Remote location" means a location meeting the requirements of § 19-14-25(b) at

which an employee of a licensee may provide services for the licensee notwithstanding that such

the location differs from the place of business named in the license or a branch certificate issued to

the licensee.

     (33) "Retail installment contract" means any security agreement negotiated or executed in

this state, or under the laws of this state, including, but not limited to, any agreement in the nature

of a mortgage, conditional sale contract, or any other agreement whether or not evidenced by any

written instrument to pay the retail purchase price of goods, or any part thereof, in installments over

any period of time and pursuant to which any security interest is retained or taken by the retail seller

for the payment of the purchase price, or any part thereof, of the retail installment contract.

     (32)(34) "Sell" means to sell, to issue, or to deliver a check.

     (33)(35) "Servicing" means receiving a scheduled, periodic payment from a borrower,

pursuant to the terms of a loan, including amounts for escrow accounts, and making the payments

to the owner of the loan or other third party of principal and interest and other payments with respect

to the amounts received from the borrower as may be required pursuant to the terms of the servicing

loan documents or servicing contract. In the case of a home equity conversion mortgage or a reverse

mortgage, servicing includes making payment to the borrower.

     (34)(36) "Simple interest" means interest computed on the principal balance outstanding

immediately prior to a payment for one plus the actual number of days between payments made on

a loan over the life of a loan.

     (35)(37) "Small loan" means a loan of less than five thousand dollars ($5,000), not secured

by real estate, made pursuant to the provisions of chapter 14.2 of this title.

     (36)(38) "Small-loan lender" means a lender engaged in the business of making small loans

within this state.

     (37)(39) "Stored value" means monetary value representing a claim against the issuer that

is stored on an electronic or digital medium and is evidenced by an electronic or digital record, and

that is intended and accepted for use as a means of redemption for money or monetary value or

payment for goods or services. The term does not include stored value that is redeemable by the

issuer exclusively in goods or services; stored value that is redeemable exclusively in goods or

services limited to transactions involving a defined merchant or location or set of locations, such

as a specific retailer or retail chain, college campus, or program points, miles, or other units issued

in connection with a customer affinity or rewards program, even if there is a secondary market for

the stored value.

     (38)(40) "Table-funding transaction" means a transaction in which there is a

contemporaneous advance of funds by a lender and an assignment by the mortgagee or creditor of

the loan to the lender.

     (39)(41) "Third-party loan servicer" means a person or entity who or that, directly or

indirectly, engages in the business of servicing a loan secured by residential real estate located in

Rhode Island, for a personal, family, or household purpose, owed or due, or asserted to be owed or

due, another, or a person or entity that owns the servicing rights to a loan secured by residential

real estate located in Rhode Island whether or not that owner services the loan themselves or

contracts with another person or entity for the servicing.

     (40)(42) "Virtual currency":

     (i) Means a digital representation of value that:

     (A) Is used as a medium of exchange, unit of account, or store of value; and

     (B) Is not legal tender, whether or not denominated in legal tender; and

     (ii) Does not include:

     (A) A transaction in which a merchant grants, as part of an affinity or rewards program,

value that cannot be taken from or exchanged with the merchant for legal tender, bank credit, or

virtual currency;

     (B) A digital representation of value issued by or on behalf of a publisher and used solely

within an online game, game platform, or family of games sold by the same publisher or offered

on the same game platform;

     (C) Native digital token used in a proprietary blockchain service platform; or

     (D) A gift certificate; store gift card; general-use prepaid card; or loyalty, award, or

promotional gift card, as these terms are defined in federal Regulation E, 12 C.F.R. 1005.20(a),

without giving effect to any exception as specified in 31 C.F.R. 1010.100(kkk) or any card, code

or device, or other device that can add funds to those products.

     (41)(43) "Writing" means hard-copy writing or electronic writing that meets the

requirements of § 42-127.1-2(7).


 

 

 

555)

Section

Amended Chapter Numbers:

 

19-14-3

338 and 339

 

 

19-14-3. Application for license.

     (a) The application for a license shall be in the form prescribed by the director and shall

contain the name and address or addresses where the business of the applicant is located and if the

applicant is a partnership, association, corporation, or other form of business organization, the

names and addresses of each member, director, and principal officer thereof or any individual

acting in the capacity of the manager of an office location. Such The application shall also include

a description of the activities of the applicant, in such detail and for such periods as the director

may require, as well as such further information as the director may require. The director may

require a background investigation of each applicant for a license by means of fingerprint checks

pursuant to §§ 19-14-7 and 42-14-14, utilizing the Federal Bureau of Investigation, or other agency

as determined by the director for state and national criminal history record checks. If the applicant

is a partnership, association, corporation, or other form of business organization, the director may

require a background investigation by means of fingerprint checks on each member, director,

trustee, or principal officer of such the applicant and any individual acting in the capacity of the

manager of an office location. The director will determine by rule those items of information

appearing on a criminal records check that will constitute disqualifying information and therefore

render the applicant ineligible for licensing under this chapter in accordance with the provisions of

§ 19-14-7. Receipt of criminal history record information by a private entity is prohibited. Each

application for a license shall be accompanied by an investigation fee. The applicant at the time of

making application shall pay to the director, or the director's designee, department a fee equal to

the annual license fee as provided in this chapter and the sum of one half (½) of the annual license

fee as a fee for investigating the application. If the application for license is approved, the applicant

shall pay a fee equal to the annual license fee as provided in this chapter. The license shall be

continuous and the license fee shall cover the period through December 31 of each year. The annual

license fee for any application approved after November 1 of any given year shall satisfy the annual

license fee requirement through the end of the next succeeding calendar year ending December 31.

The director, or the director's designee, is authorized to participate in a multi-state multistate

licensing system for licensees. The director may establish requirements for participation by an

applicant for a license or a person licensed under this chapter. Any such requirements that may be

established by the director shall be published on the website of the department of business

regulation. Upon implementation, participation by an applicant for a license or by a person licensed

under the provisions of this chapter shall be mandatory. The applicant may be required to an

additional fee for a license or other participation in such multi-state multistate licensing system.

     (b) [Reserved].

     (c) [Reserved].

     (d) Any license issued under the provisions of former § 5-66-2 shall remain in full force

and effect until its expiration and shall be subject to the provisions of this chapter.

     (e) An applicant for issuance of a mortgage loan originator license shall file with the

director, or the director's designee, evidence acceptable to the director, or the director's designee,

that said applicant has complied with the provisions of §§ 19-14.10-5, 19-14.10-7 and 19-14.10-8.


 

 

 

556)

Section

Amended Chapter Numbers:

 

19-14-6

338 and 339

 

 

19-14-6. Bond of applicant.

     (a) An applicant for any license shall file with the director, or the director's designee, a

bond to be approved by him or her in which the applicant shall be the obligor.

     (b) The amount of the bond shall be as follows:

     (1) Small-loan lenders, the sum of ten thousand dollars ($10,000);

     (2) Loan brokers, the sum of twenty thousand dollars ($20,000);

     (3) Lenders, the sum of fifty thousand dollars ($50,000);

     (4) Currency transmission licensees, the sum of fifty thousand dollars ($50,000). If a

currency transmission licensee shows that a surety bond is not generally available in this state at a

commercially reasonable cost, the department may accept an alternative form of security;

     (5) Check-cashing licensees who accept checks for collection with deferred payment or

deferred deposit, the sum of fifty thousand dollars ($50,000) subject to a maximum of one hundred

and fifty thousand dollars ($150,000) when aggregated with agent locations;

     (6) [Deleted by P.L. 2019, ch. 226, § 1 and P.L. 2019, ch. 246, § 1.]

     (7) [Deleted by P.L. 2019, ch. 226, § 1 and P.L. 2019, ch. 246, § 1.]

     (8) Each debt-management services registrant, the amount provided in § 19-14.8-13;

     (9) Each third-party loan servicer, the sum of fifty thousand dollars ($50,000); or

     (10) If a currency transmission licensee shows that a surety bond is not generally available

in this state at a commercially reasonable cost, the department may accept an alternative form of

security. Each debt collector, the sum of fifty thousand dollars ($50,000).

     (c) The bond shall run to the state for the use of the state and of any person who may have

cause of action against the obligor of the bond under the provisions of this title. The bond shall be

perpetual and shall be conditioned upon the obligor faithfully conforming to, and abiding by, the

provisions of this title and of all rules and regulations lawfully made, and the obligor will pay to

the state and to any person any and all money that may become due or owing to the state or to the

person from the obligor under, and by virtue of, the provisions of this title.

     (d) [Deleted by P.L. 2019, ch. 226, § 1 and P.L. 2019, ch. 246, § 1.]

     (e) The bond shall remain in force and effect until the surety is released from liability by

the director, or the director's designee, or until the bond is cancelled by the surety. The surety may

cancel the bond and be released from further liability under the bond upon receipt by the director,

or the director's designee, of notice in a manner satisfactory to the director, including, but not

limited to, for documentation purpose of the cancellation of the bond at least thirty (30) days in

advance of the cancellation of the bond. The cancellation shall not affect any liability incurred or

accrued under the bond before the termination of the thirty-day (30) period.

     (f) Upon receipt of any notice of cancellation, the director may provide notice to the

licensee requiring reinstatement or replacement of the bond. Unless the bond is reinstated by the

surety, or a satisfactory replacement bond is filed with the director prior to the cancellation of the

original bond, the license shall be suspended. The licensee will be provided notice of the suspension

and may request a hearing within thirty (30) days. If the licensee does not request a hearing, the

director, or director's designee, shall issue an order revoking the license for failure to comply with

this section.


 

 

 

557)

Section

Amended Chapter Numbers:

 

19-14-10

338 and 339

 

 

19-14-10.  Agent for service of process.

     (a) Every licensee shall appoint, and thereafter maintain, in this state a resident attorney

agent with authority to accept process for the licensee in this state, including the process of

garnishment.

     (1) The appointment shall be filed with the director, or the director's designee, in whatever

format he or she directs electronically through the Nationwide Multistate Licensing System. The

power of attorney designation of an agent shall provide all contact information, including the

business address, street, and number, if any, of the resident attorney agent. Thereafter, if the resident

attorney agent changes his or her business address or other contact information, he or she the

licensee shall, within ten (10) days after any change, file in the office of the director, or the director's

designee, electronically through the Nationwide Multistate Licensing System notice of the change

setting forth the attorney's agent's current business address or other contact information.

     (2) If the resident attorney agent dies, resigns, or leaves the state, the licensee shall make a

new appointment and file the power of attorney in the office of the director, or the director's

designee new appointment electronically through the Nationwide Multistate Licensing System. The

power of attorney original designation shall not be revoked until this power of attorney new

appointment shall have been given to some other competent person resident in this state and filed

with the director, or the director's designee department.

     (3) Service of process upon the resident attorney agent shall be deemed sufficient service

upon the licensee.

     (4) Any licensee who fails to appoint a resident attorney agent and file the power of attorney

in the office of the director, or the director's designee, as above provided for appointment

electronically through the Nationwide Multistate Licensing System, or fails to replace a resident

attorney agent for a period of thirty (30) days from vacancy, shall be liable for a penalty not

exceeding five hundred dollars ($500) and shall be subject to suspension or revocation of the

license.

     (5) Upon the filing of any power of attorney appointment required by this section, a fee of

twenty-five dollars ($25.00) shall be paid to the director for the use of the state.

     (6) Any licensee that is a corporation and complies with the provisions of chapter 1.2 of

title 7 is exempt from the power of attorney filing requirements of this section. Any licensee that is

a limited partnership or limited liability company and complies with the provisions of chapters 13

and 16 of title 7 is exempt from the power of attorney requirements of this section.

     (b) Any process, including the process of garnishment, may be served upon the director, or

the director's designee, as agent of the licensee in the event that no resident attorney agent can be

found upon whom service can be made, or in the event that the licensee has failed to designate a

resident attorney agent as required, and process may be served by leaving a copy of the process

with a fee of twenty-five dollars ($25.00) which shall be included in the taxable costs of the suit,

action, or proceeding, in the hands of the director, or the director's designee. This manner of service

upon the licensee shall be sufficient, provided that notice of service and a copy of the process shall

be immediately sent by certified mail by the plaintiff, or the plaintiff's attorney of record, to the

licensee at the latest address filed with the director, or the director's designee. If the licensee has

not filed his or her address pursuant to this chapter, notice of service shall be given in any manner

that the court in which the action is pending may order as affording the licensee reasonable

opportunity to defend the action or to learn of the garnishment. Nothing contained in this section

shall limit or affect the right to serve process upon a licensee in any other manner now or hereafter

permitted by law.


 

 

 

558)

Section

Amended Chapter Numbers:

 

19-14-16

338 and 339

 

 

19-14-16. Surrender of license.

     Any licensee may surrender any license or branch certificate(s) by delivering to the

director, or the director's designee, written electronic notice through the Nationwide Multistate

Licensing System surrendering the license or branch certificate(s). The surrender shall not affect

the licensee's civil or criminal liability for acts committed prior to the surrender. Written Electronic

notice through the Nationwide Multistate Licensing System of any surrender must be filed with the

director, or the director's designee, within thirty (30) days of the termination of the business

authorized by this chapter at the surrendered location. The surrender of any license does not affect

the licensee's requirement to file an annual report with the fifty-five dollars dollar ($55.00) filing

fee. This report shall be filed within thirty (30) days of the surrender of the license. The licensee

shall give written electronic notification through the Nationwide Multistate Licensing System to

the director, or the director's designee, within twenty-four (24) hours from termination of business.


 

 

 

559)

Section

Amended Chapter Numbers:

 

19-14-22

338 and 339

 

 

19-14-22. Reporting requirements.

     (a) Each licensee shall annually, on or before March 31, file a report with the director, or

the director's designee, on a quarterly basis, giving any relevant information that the director, or the

director's designee, may reasonably require concerning the business and operations during the

preceding calendar year reporting period of each licensed place of business conducted by the

licensee within the state. The report shall be made under oath and shall be in a form prescribed by

the director, or the director's designee submitted through the Nationwide Mortgage Licensing

System and attested to by the entity. To the extent that the Nationwide Mortgage Licensing System

does not require submission of quarterly reports of condition, each licensee shall, annually, on or

before March 31, file a report with the director, or the director's designee, giving any relevant

information that the director, or the director's designee, may reasonably require concerning the

business and operations during the preceding calendar year of each licensed place of business

conducted by the licensee within the state. At the time of filing each report renewal of the license,

the sum of fifty-five dollars ($55.00) per license and fifty-five dollars ($55.00) per branch

certificate shall be paid by the licensee to the director for the use of the state. Any licensee who or

that shall delay transmission of any report required by the provisions of this title beyond the limit,

unless additional time is granted, in writing, for good cause, by the director, or the director's

designee, shall pay a penalty of twenty-five dollars ($25) for each day of the delay. In lieu of a

report by any licensed mortgage loan originator, the director, or the director's designee, may accept

a report by the licensed lender or licensed loan broker who or that employed the licensed mortgage

loan originator for the activities of the licensed mortgage loan originator while employed by such

lender or loan broker during the applicable calendar year.

     (b) Any licensee shall, within twenty-four (24) hours after actual knowledge, notify the

director, or the director's designee, in writing, of the occurrence of any of the following events: the

institution of bankruptcy, receivership, reorganization, or insolvency proceedings regarding a

licensee; the institution of any adverse government action against a licensee; or any felony

indictment or conviction of any licensee or any officers, directors, owners, employees, members,

or partners thereof, as the case may be.

     (c) Each mortgage loan originator licensee shall, on or before March 31, 2010, and every

March 31st thereafter, file with the director, or the director's designee, evidence acceptable to the

director, or the director's designee, that said loan originator licensee has filed with the Nationwide

Mortgage Licensing System and Registry a report of condition, which shall be in such form and

shall contain such information as the Nationwide Mortgage Licensing System and Registry may

require.

     (d) Both the mortgage loan originator and his or her licensed employer shall promptly

notify the director, or the director's designee, in writing, within fifteen (15) business days of the

termination of employment or services of a mortgage loan originator.


 

 

 

 

560)

Section

Amended Chapter Numbers:

 

19-14-24

338 and 339

 

 

9-14-24. Tying with other business.

     No licensee shall conduct any business under this title within any office or place of business

in which any other business is solicited or engaged, except as the director, or the director's designee,

may authorize, in writing. Approval shall not be unreasonably withheld if the director, or the

director's designee, finds that the character of the other business is such that the granting of the

authority would not evade the provisions of this chapter condition any sale on the requirement that

the consumer purchase any other product or service from a specified provider including those

providers with whom the licensee is sharing office space.


 

 

 

561)

Section

Amended Chapter Numbers:

 

19-14-25

338 and 339

 

 

19-14-25.  Transactions and place of business limited by license -- Remote locations.

     (a) No licensee shall transact the business provided for by this chapter under any other

name or at any other place of business than that named in the license or branch certificate, unless

that place is for the exclusive convenience of the customer or meets the requirements for a remote

location. The fact that closings occur at a place other than a licensed place of business shall not be

deemed to be a violation of this section.

     (b) Notwithstanding anything to the contrary under this chapter or chapter 14.10 of this

title 19, employees of a licensee may perform services for the licensee or act as a mortgage loan

originator from a remote location subject to each of the following requirements:

     (1) The employee is subject to the supervision of the licensee;

     (2) The remote location is the employee's residence or other location identified in the

records of the licensee and is within a reasonable distance of a place of business named in the

licensee's license or branch certificate, as established by regulations adopted by the director or the

director's designee;

     (3) The licensee has written policies and procedures for supervision of, and employs

appropriate risk-based monitoring and oversight process of work performed by, employees working

from remote locations;

     (4) Access to the licensee's computer platforms and to customer information is in

accordance with the licensee's comprehensive written information security plan. The licensee must

maintain appropriate safeguards for licensee and consumer data, information, and records,

including the use of secure virtual private networks ("VPNs") where appropriate;

     (5) No in-person customer interaction occurs at the remote location, and the licensee will

not designate the remote location to consumers or customers as a business location unless the

remote location is properly licensed as a branch;

     (6) Physical records related to the licensee's business, including consumer information, are

not maintained at the remote location;

     (7) The licensee must ensure consumer and licensee information and records remain

accessible and available for regulatory oversight and exams; and

     (8) The licensee must provide training to keep all conversations about, and with, consumers

conducted from a remote location confidential, as if conducted from a licensed commercial

location, and to ensure remote employees work in an environment conducive and appropriate to

that privacy.

     (c) A remote location shall not be considered a branch of the licensee; however, activities

conducted at a remote location shall be subject to examination under this chapter and § 19-14.10-

5.

     (d) The director, or the director's designee, shall have the authority to promulgate rules to

establish requirements and standards relating to remote locations.


 

 

 

 

562)

Section

Added Chapter Numbers:

 

19-14-34

338 and 339

 

 

19-14-34. Resident agent -- Loss payee.

     (a) Each licensee shall maintain a resident agent in this state who shall have authority to

endorse insurance claim checks on behalf of such the licensee.

     (b) A licensee that has not and will not be included as a loss payee on any insurance policy

may be exempted from the provisions of subsection (a) of this section and §§ 5-38-26 and 27-5-

3.3. An applicant that wishes to obtain an exemption must clearly state in its business plan that it

is not a loss payee on any insurance policy and must provide the department with a statement that

it will not be designated as a loss payee on any insurance policy. A licensee that obtains an

exemption should expect that compliance will be evaluated on examination.


 

 

 

563)

Section

Repealed Chapter Numbers:

 

19-14.8-12

338 and 339

 

 

19-14.8-12. [Repealed].


 

 

 

 

564)

Section

Amended Chapter Numbers:

 

19-14.10-3

338 and 339

 

 

19-14.10-3. Definitions.

     For purposes of this chapter, the following definitions shall apply:

     (1) "Depository institution" has the same meaning as in section 3 of the Federal Deposit

Insurance Act, and includes any credit union.

     (2) "Federal banking agencies" means the Board of Governors of the Federal Reserve

System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the

National Credit Union Administration, and the Federal Deposit Insurance Corporation.

     (3) "Immediate family member" means a spouse, child, sibling, parent, grandparent, or

grandchild. This includes stepparents, stepchildren, stepsiblings, and adoptive relationships.

     (4) "Individual" means a natural person.

     (5)(i) "Loan processor or underwriter" means an individual who performs clerical or

support duties as an employee at the direction of, and subject to the supervision and instruction of,

a person licensed as a lender or as a loan broker, or exempt from licensing under chapters chapter

14 or 14.1 of this title 19.

     (ii) For purposes of subsection (5)(i), "clerical or support duties" may include subsequent

to the receipt of an application:

     (A) The receipt, collection, distribution, and analysis of information common for the

processing or underwriting of a residential mortgage loan; and

     (B) Communicating with a consumer to obtain the information necessary for the processing

or underwriting of a loan, to the extent that such communication does not include offering or

negotiating loan rates or terms, or counseling consumers about residential mortgage loan rates or

terms.

     (iii) An individual engaging solely in loan processor or underwriter activities shall not

represent to the public, through advertising or other means of communicating or providing

information including the use of business cards, stationery, brochures, signs, rate lists, or other

promotional items, that such individual can or will perform any of the activities of a mortgage loan

originator.

     (6)(i) "Mortgage loan originator" means:

     (A) An individual who, for compensation or gain or in the expectation of compensation or

gain:

     (I) Takes a residential mortgage loan application; or

     (II) Offers or negotiates terms of a residential mortgage loan;

     (B) Does not include an individual engaged solely as a loan processor or underwriter except

as otherwise provided in § 19-14.10-4(c);

     (C) Does not include a person or entity who or that only performs real estate brokerage

activities and is licensed or registered in accordance with Rhode Island law, unless the person or

entity is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any

agent of such lender, mortgage broker, or other mortgage loan originator;

     (D) Does not include a person or entity solely involved in extensions of credit relating to

timeshare plans, as that term is defined in 11 U.S.C. § 101(53D), as amended; and

     (E) Does not include a person (or its employees) engaged in servicing mortgage loans. For

purposes of this exclusion, "servicing mortgage loans" means, on behalf of the note holder,

collecting and receiving payments, including payments of principal, interest, escrow amounts, and

other sums due, on obligations due and owing to the note holder pursuant to a residential mortgage

loan, and, when the borrower is in default or in reasonably foreseeable likelihood of default,

working with the borrower on behalf of the note holder and pursuant to the contract between the

person servicing mortgage loans and the note holder, to modify but not refinance, either temporarily

or permanently, the obligations, or otherwise finalizing collection of the obligation through the

foreclosure process.

     (ii) "Real estate brokerage activity" means any activity that involves offering or providing

real estate brokerage services to the public, including:

     (A) Acting as a real estate agent or real estate broker for a buyer, seller, lessor, or lessee of

real property;

     (B) Bringing together parties interested in the sale, purchase, lease, rental, or exchange of

real property;

     (C) Negotiating, on behalf of any party, any portion of a contract relating to the sale,

purchase, lease, rental, or exchange of real property (other than in connection with providing

financing with respect to any such transaction);

     (D) Engaging in any activity for which a person engaged in the activity is required to be

registered or licensed as a real estate agent or real estate broker under any applicable law; and

     (E) Offering to engage in any activity, or act in any capacity, described in subparagraphs

subsection 6(ii)A), (B), (C), or (D) of this section.

     (7) "Nationwide Mortgage Multistate Licensing System and Registry" means a mortgage

licensing system developed and maintained by the Conference of State Bank Supervisors and the

American Association of Residential Mortgage Regulators for the licensing and registration of

licensed mortgage loan originators.

     (8) "Nontraditional mortgage product" means any mortgage product other than a thirty-

year (30), fixed-rate mortgage.

     (9) "Person" means a natural person, corporation, company, limited-liability company,

partnership, association, or any other entity however organized.

     (10) "Registered mortgage loan originator" means any individual who:

     (i) Meets the definition of mortgage loan originator and is an employee of:

     (A) A depository institution;

     (B) A subsidiary that is:

     (1) (I) Owned and controlled by a depository institution; and

     (2) (II) Regulated by a Federal banking agency; or

     (C) An institution regulated by the Farm Credit Administration; and

     (ii) Is registered with, and maintains a unique identifier through, the Nationwide Mortgage

Multistate Licensing System and Registry.

     (11) "Residential mortgage loan" means any loan primarily for personal, family, or

household use that is secured by a mortgage, deed of trust, or other equivalent, consensual security

interest on a dwelling (as defined in § 103(v) of the Truth in Lending Act) or residential real estate

upon which is constructed or intended to be constructed a dwelling (as so defined).

     (12) "Residential real estate" means any real property located in Rhode Island upon which

is constructed, or intended to be constructed, a dwelling.

     (13) "SAFE Act" means the Secure and Fair Enforcement for Mortgage Licensing Act,

comprising §§ 1501-1517 of the Housing and Economic Recovery Act of 2008, Public Laws 110-

289 Pub. L. No. 110-289.

     (14) "Unique identifier" means a number or other identifier assigned by protocols

established by the nationwide mortgage licensing system and registry Nationwide Multistate

Licensing System.


 

 

 

 

 

565)

Section

Amended Chapter Numbers:

 

19-14.10-4

338 and 339

 

 

19-14.10-4. License and registration required.

     (a) An individual, unless specifically exempted from this chapter under subsection (b),

shall not engage in the business of a mortgage loan originator with respect to any dwelling located

in this state without first obtaining and maintaining annually a license under this chapter. Each

licensed mortgage loan originator must register with and maintain a valid unique identifier issued

by the nationwide mortgage licensing system and registry.

     (b) The following individuals are exempt from this chapter:

     (1) Registered mortgage loan originators, when acting for an entity described in § 19-14.10-

3(10)(i)(A), (10)(i)(B), or (10)(i)(C) are exempt from this chapter.

     (2) Any individual who offers or negotiates terms of a residential mortgage loan with or on

behalf of an immediate family member of the individual.

     (3) Any individual who offers or negotiates terms of a residential mortgage loan secured

by a dwelling that served as the individual's residence.

     (4) A licensed attorney who negotiates the terms of a residential mortgage loan on behalf

of a client as an ancillary matter to the attorney's representation of the client, unless the attorney is

compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of

such lender, mortgage broker, or other mortgage loan originator.

     (5) A licensed attorney when performing loan closing services for a licensed lender,

licensed loan broker, or for an entity exempt from licensing under § 19-14.1-10(a)(4);

     (6) A mortgage loan originator: (i) Who is employed by a lender or loan broker licensed

under chapter 14 of title 19 and/or chapter 14.1 of this title 19; (ii) Who works at a qualified

location; (iii) Who is registered with, and maintains a unique identifier through, the Nationwide

Mortgage Multistate Licensing System and Registry; (iv) Who acts only as a mortgage loan

originator for residential mortgage loans secured by dwellings (as defined in Section 103(v) of the

Truth in Lending Act) constructed, or to be constructed, on real property located in states other than

Rhode Island; and (v) Who is licensed or registered as required by applicable law in each state in

which such real property is located. As used herein, the term "qualified location" means a location

licensed under this chapter 14 of this title 19 that serves as the primary place of employment of at

least one mortgage loan originator licensed under this chapter 14.10 of title 19 or a remote location.

     (c) An individual loan processor or underwriter who is an independent contractor may not

engage in the activities of a loan processor or underwriter unless such the independent contractor

loan processor or underwriter obtains and maintains a license under chapters chapter 14 of this

title and 14.10 of title 19 this chapter. Each independent contractor loan processor or underwriter

licensed as a mortgage loan originator must have and maintain a valid unique identifier issued by

the nationwide mortgage licensing system and registry.

     (d) For the purposes of implementing an orderly and efficient licensing process the director,

or the director's designee, may establish licensing rules or regulations and interim procedures for

licensing and acceptance of applications. For previously registered or licensed individuals the

director, or the director's designee, may establish expedited review and licensing procedures as

follows:

     (1) A mortgage loan originator applicant whose employer at the time of application for a

mortgage loan originator license is an entity described in § 19-14.10-3(10)(i)(A), (10)(i)(B), or

(10)(i)(C) and who has been assigned a unique identifier through the nationwide mortgage licensing

system and registry and who has completed and filed with the director, or the director's designee,

all information, documents, and requirements for licensure pursuant to this chapter shall be

permitted to continue to act as a mortgage loan originator for the period prior to action being taken

on his or her application by the director, or the director's designee;

     (2) A mortgage loan originator applicant who has been assigned a unique identifier through

the Nationwide Mortgage Multistate Licensing System and Registry and who has completed and

filed with the director, or the director's designee, all information, documents, and requirements for

licensure pursuant to this chapter and whose employer at the time of application for a mortgage

loan originator license is a lender or loan broker licensed under chapters 14 and 14.1 of this title

19, shall be permitted to continue to act as a mortgage loan originator for the period prior to action

being taken on his or her application by the director, or director's designee, if the applicant and a

senior officer or principal of such lender or loan broker files written attestation to the director, or

the director's designee that:

     (i) The applicant is currently, or has within the six-month (6) period prior to the date of the

application, been acting as a registered mortgage loan originator in this state or as a state-licensed

mortgage loan originator in another state, in either case under the provisions of Section 1507 of the

SAFE Act, 12 U.S.C. § 5106;

     (ii) The applicant has never had a mortgage loan license or registration denied, revoked, or

suspended in any governmental jurisdiction; and

     (iii) The applicant has not been convicted of a felony that would otherwise authorize the

director, or the director's designee, to deny the applicant a license.

     (3) Any provisional authority to act as a mortgage loan originator issued pursuant to this

subsection (d) shall expire on the earlier of: (i) The date on which the director, or the director's

designee, issues or denies the application for the license; or (ii) One hundred twenty (120) days

from the date of application for the license.

     (4) The director, or the director's designee, may deny or suspend the rights of a lender or

loan broker licensed under chapter 14 or 14.1 of this title 19 to employ a mortgage loan originator

under this subsection (d) if the director, or the director's designee, finds that such lender or loan

broker, a senior official or principal thereof, or the applicant failed to exercise due diligence and

good faith when submitting the attestations required in subsection (d)(1) or (d)(2).


 

 

 

566)

Section

Added Chapter Numbers:

 

19-14.10-8

338 and 339

 

 

19-14.10-8. Testing of loan originators.

     (a) In order to meet the written test requirement referred to in this chapter, an individual

shall pass, in accordance with the standards established under this subsection, a qualified written

test developed by the Nationwide Mortgage Multistate Licensing System and Registry and

administered by a test provider approved by the Nationwide Mortgage Multistate Licensing System

and Registry based upon reasonable standards.

     (b) A written test shall not be treated as a qualified written test for purposes of this section

unless the test adequately measures the applicant's knowledge and comprehension in appropriate

subject areas, including:

     (1) Ethics;

     (2) Federal law and regulation pertaining to mortgage origination;

     (3) State law and regulation pertaining to mortgage origination;

     (4) Federal and state law and regulation, including instruction on fraud, consumer

protection, the nontraditional mortgage marketplace, and fair-lending issues.

     (c) Nothing in this section shall prohibit a test provider approved by the Nationwide

Mortgage Multistate Licensing System and Registry from providing a test at the location of the

employer of the applicant or the location of any subsidiary or affiliate of the employer of the

applicant, or the location of any entity with which the applicant holds an exclusive arrangement to

conduct the business of a mortgage loan originator.

     (d)(1) An individual shall not be considered to have passed a qualified written test unless

the individual achieves a test score of not less than seventy-five percent (75%) correct answers to

questions.

     (2) An individual may retake a test three (3) consecutive times with each consecutive taking

occurring at least thirty (30) days after the preceding test.

     (3) After failing three (3) consecutive tests, an individual shall wait at least six (6) months

before taking the test again.

     (4) A licensed mortgage loan originator who fails to maintain a valid license for a period

of five (5) three (3) years or longer shall retake the test, not taking into account any time during

which such individual is a registered mortgage loan originator.


 

 

 

 

567)

Section

Amended Chapter Numbers:

 

19-14.10-10

338 and 339

 

 

19-14.10-10. Continuing education for mortgage loan originators.

     (a) In order to meet the annual continuing education requirements referred to in § 19-14.10-

9, a licensed mortgage loan originator shall complete at least (8) hours of education approved in

accordance with subsection (b), which shall include at least:

     (1) Three (3) hours of Federal federal law and regulations;

     (2) Two (2) hours of ethics, which shall include instruction on fraud, consumer protection,

and fair-lending issues;

     (3) Two (2) hours of training related to lending standards for the nontraditional mortgage

product marketplace; and

     (4) One hour of Rhode Island law and regulations.

     (b) For purposes of this section, continuing education courses shall be reviewed and

approved by the Nationwide Mortgage Multistate Licensing System and Registry based upon

reasonable standards. Review and approval of a continuing education course shall include review

and approval of the course provider.

     (c) Nothing in this section shall preclude any education course, as approved by the

Nationwide Mortgage Licensing System and Registry, that is provided by the employer of the

mortgage loan originator or an entity that is affiliated with the mortgage loan originator by an

agency contract, or any subsidiary or affiliate of such employer or entity.

     (d) Continuing education may be offered either in a classroom, online, or by any other

means approved by the Nationwide Mortgage Multistate Licensing System and Registry.

     (e) A licensed mortgage loan originator:

     (1) Except for § 19-14.10-9(b) and subsection (i) of this section, may only receive credit

for a continuing education course in the year in which the course is taken; and

     (2) May not take the same approved course in the same or successive years to meet the

annual requirements for continuing education.

     (f) A licensed mortgage loan originator who is an approved instructor of an approved

continuing education course may receive credit for the licensed mortgage loan originator's own

annual continuing education requirement at the rate of two (2) hours credit for every one hour

taught.

     (g) A person having successfully completed the education requirements approved by the

Nationwide Mortgage Multistate Licensing System and Registry in subsections (a)(1), (a)(2), and

(a)(3) for any state shall be accepted as credit towards completion of continuing education

requirements in Rhode Island. Nothing herein shall relieve an applicant of the obligation to satisfy

educational requirements specifically related to Rhode Island law and regulations.

     (h) A licensed mortgage loan originator who subsequently becomes unlicensed must

complete the continuing education requirements for the last year in which the license was held prior

to issuance of a new or renewed license.

     An individual who:

     (1) Fails to acquire a valid mortgage loan originator license or federal registration within

three (3) years from the date of federal compliance with any approved pre-licensure education (PE)

program; or

     (2) Has obtained a mortgage loan originator license or federal registration but did not

maintain an active license or federal registration for at least three (3) years must complete at least

twenty (20) hours of PE in order to be eligible for state mortgage loan originator licensure.

     (i) A person meeting the requirements of § 19-14.10-9(a)(1) and (a)(3) may make up any

deficiency in continuing education as established by rule or regulation of the director, or the

director's designee.


 

 

 

568)

Section

Amended Chapter Numbers:

 

19-14.10-21

338 and 339

 

 

19-14.10-21. Unique identifier shown.

     The name and the unique identifier assigned by the Nationwide Multistate Licensing

System of any person originating a residential mortgage loan shall be clearly shown on all

residential mortgage loan application forms, solicitations or advertisements, including business

cards or websites, and any other documents as established by rule, regulation, or order of the

director, or the director's designee.


 

 

 

569)

Section

Amended Chapter Numbers:

 

21-28-2.08

125 and 126

 

 

21-28-2.08. Contents of schedules.

     Schedule I

     (a) Schedule I shall consist of the drugs and other substances, by whatever official name,

common or usual name, chemical name, or brand name designated, listed in this section.

     (b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the

following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers

whenever the existence of the isomers, esters, ethers, and salts is possible within the specific

chemical designation:

     (1) Acetylmethadol

     (2) Allylprodine

     (3) Alphacetylmethadol

     (4) Alphameprodine

     (5) Alphamethadol

     (6) Benzethidine

     (7) Betacetylmethadol

     (8) Betameprodine

     (9) Betamethadol

     (10) Betaprodine

     (11) Clonitazene

     (12) Dextromoramide

     (13) Difenoxin

     (14) Diampromide

     (15) Diethylthiambutene

     (16) Dimenoxadol

     (17) Dimepheptanol

     (18) Dimethylthiambutene

     (19) Dioxaphetyl butyrate

     (20) Dipipanone

     (21) Ethylmethylthiambutene

     (22) Etonitazene

     (23) Extoxerdine

     (24) Furethidine

     (25) Hydroxypethidine

     (26) Ketobemidone

     (27) Levomoramide

     (28) Levophenacylmorphan

     (29) Morpheridine

     (30) Noracymethadol

     (31) Norlevorphanol

     (32) Normethadone

     (33) Norpipanone

     (34) Phenadoxone

     (35) Phenampromide

     (36) Phenomorphan

     (37) Phenoperidine

     (38) Piritramide

     (39) Proheptazine

     (40) Properidine

     (41) Propiram

     (42) Racemoramide

     (43) Trimeperidone

     (44) Tilidine

     (45) Alpha-methylfentanyl

     (46) Beta-hydroxy-3-methylfentanyl other names:

     N-[1-(2hydroxy-2-phenethyl)-3-methyl-4piperidingyl]-Nphenylpropanamide

     (47) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-

phenylpropanamide)

     (48) N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide, its optical, positional, and

geometric isomers, salts and salts of isomers (Other names: acetyl fentanyl)

     (49) N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl] piperidin-4-yl]-N-phenyl propionamide

(Other names: beta-hydroxythiofentanyl)

     (50) N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide (Other names: Butyryl fentanyl)

     (51) N-(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide (Other names: Furanyl

fentanyl)

     (52) 3,4-dichloro-N-[(1-dimethylamino) cyclohexylmethyl] benzamide (Other names:

AH-7921)

     (53) 3,4-Dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (Other names:

U-47700)

     (54) 3-Methylbutyrfentanyl (Other names: 3-MBF)

     (55) 4-Fluorobutyrfentanyl (Other names: 4-FBF, p-FBF)

     (56) 4-Phenylfentanyl

     (57) 4-Methoxybutyrfentanyl (Other names: 4-MeO-BF)

     (58) Acrylfentanyl (Other names: acryloyfentanyl)

     (59) Lofentanyl

     (60) N-Methylcarfentanyl

     (61) Ocfentanyl (INN, A-3217)

     (63) 4-methoxymethylfentanyl (Other names: R-30490)

     (64) 1-cyclohexyl-4-(1,2 diphenylethyl)piperazine) (Other names: MT-45, IC-6)

     (c) Opium Derivatives. Unless specifically excepted or unless listed in another schedule,

any of the following opium derivatives, its salts, isomers, and salts of isomers whenever the

existence of the salts, isomers, and salts of isomers is possible within the specific chemical

designation:

     (1) Acetorphine

     (2) Acetyldihydrocodeine

     (3) Benzylmorphine

     (4) Codeine methylbromide

     (5) Codeine-N-Oxide

     (6) Cyprenorphine

     (7) Desomorphine

     (8) Dihydromorphine

     (9) Etorphine (Except hydrochloride salt)

     (10) Heroin

     (11) Hydromorphinol

     (12) Methyldesorphine

     (13) Methylihydromorphine

     (14) Morphine methylbromide

     (15) Morphine methylsulfonate

     (16) Morphine-N-Oxide

     (17) Myrophine

     (18) Nococodeine

     (19) Nicomorphine

     (20) Normorphine

     (21) Pholcodine

     (22) Thebacon

     (23) Drotebanol

     (d) Hallucinogenic Substances. Unless specifically excepted or unless listed in another

schedule, any material, compound, mixture, or preparation that contains any quantity of the

following hallucinogenic substances, or that contains any of its salts, isomers, and salts of isomers

whenever the existence of the salts, isomers, and salts of isomers is possible within the specific

chemical designation (for purposes of this subsection only, the term "isomer" includes the optical,

position, and geometric isomers):

     (1) 3, 4-methylenedioxy amphetamine

     (2) 5-methoxy-3, 4-methylenedioxy amphetamine

     (3) 3, 4, 5-trimethoxy amphetamine

     (4) Bufotenine

     (5) Diethyltryptamine

     (6) Dimethyltryptamine

     (7) 4-methyl 2, 5-dimethoxyamphetamine

     (8) Ibogaine

     (9) Lysergic acid diethylamide

     (10) Marihuana

     (11) Mescaline

     (12) Peyote. Meaning all parts of the plant presently classified botanically as Lophophora

Williamsii Lemair whether growing or not; the seeds of the plant; any extract from any part of the

plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its

seeds or extracts.

     (13) N-ethyl-3-piperidyl benzilate

     (14) N-methyl-3-piperidyl benzilate

     (15) Psilocybin

     (16) Psilocyn

     (17) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the plant,

or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their

isomers with similar chemical structure and pharmacological activity such as the following: delta

1 cis or trans tetrahydrocannabinol, and their optical isomers. Delta 6 cis or trans

tetrahydrocannabinol and their optical isomers. Delta 3, 4 cis or trans tetrahydrocannabinol and

their optical isomer. (Since nomenclature of these substances is not internationally standardized,

compounds of these structures, regardless of numerical designation of atomic positions covered).

     (18) Thiophene analog of phencyclidine. 1-(1-(2 thienyl) cyclo-hexyl) pipiridine: 2-

Thienyl analog of phencyclidine: TPCP

     (19) 2,5 dimethoxyamphetamine

     (20) 4-bromo-2,5-dimethoxyamphetamine, 4-bromo-2,5-dimethoxy-alpha-

methylphenethyamine: 4-bromo-2,5-DMA

     (21) 4-methoxyamphetamine-4-methoxy-alpha-methylphenethylaimine:

paramethoxyamphetamine: PMA

     (22) Ethylamine analog of phencyclidine. N-ethyl-1-phenylcyclohexylamine, (1-

phenylcyclohexyl) ethylamine, N-(1-phenylcyclophexyl) ethylamine, cyclohexamine, PCE

     (23) Pyrrolidine analog of phencyclidine. 1-(1-phencyclohexyl)-pyrrolidine PCPy, PHP

     (24) Parahexyl; some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-

trimethyl-6H-dibenz o (b,d) pyran: Synhexyl.

     (25) Salvia Divinorum (Salvinorin A or Divinorin A), meaning any extract from any part

of the plant, and any compound, salt derivative, or mixture of the plant or its extracts. This shall

not mean the unaltered plant.

     (26) Datura stamonium (jimsom weed or datura), meaning any extract from any part of the

plant, and any compound, salt derivative, or mixture of the plant or its extracts. This shall not mean

the unaltered plant.

     (e) Depressants. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation that contains any quantity of the following substances

having a depressant effect on the central nervous system, including its salts, isomers, and salts of

isomers whenever the existence of the salts, isomers, and salts of isomers is possible within the

specific chemical designation:

     (1) Mecloqualone.

     (2) Methaqualone.

     (3) 3-methyl fentanyl (n-(3methyl-1(2-phenylethyl)-4-piperidyl)-N-phenylpropanamide.

     (4) 3,4-methyl-enedioxymethamphetamine (MDMA), its optical, positional, and geometric

isomers, salts, and salts of isomers.

     (5) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP), its optical isomers, salts, and salts

of isomers.

     (6) 1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP), its optical isomers, salts,

and salts of isomers.

     (7) N-(1-(1-methyl-2-phenyl)ethyl-4-piperidyl)-N-phenyl-acetamide (acetyl-alpha-

methylfentanyl), its optical isomers, salts, and salts of isomers.

     (8) N-(1-(1-methyl-2(2-thienyl)ethyl-4-piperidyl)-N-phenylpropanami de (alpha-

methylthiofentanyl), its optical isomers, salts, and salts of isomers.

     (9) N-(1-benzyl-piperidyl)-N-phenylpropanamide (benzyl-fentanyl), its optical isomers,

salts, and salts of isomers.

     (10) N-(1-(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenyl-propanamid e (beta-

hydroxyfentanyl), its optical isomers, salts, and salts of isomers.

     (11) N-(3-methyl-1(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenylpro panamide (beta-

hydroxy-3-methylfentanyl), its optical and geometric isomers, salts, and salts of isomers.

     (12) N-(3-methyl)-1-(2-(2-thienyl)ethyl-4-piperidyl)-N-phenylpro-panamide (3-

methylthiofentanyl), its optical and geometric isomers, salts, and salts of isomers.

     (13) N-(1-2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide (thenylfentanyl), its

optical isomers, salts, and salts of isomers.

     (14) N-(1-(2(2-thienyl)ethyl-4-piperidyl-N-phenylpropanamide (thiofentanyl), its optical

isomers, salts, and salts of isomers.

     (15) N-[1-(2-phenylethyl)-4-piperidyl]-N-(4-fluorophenyl)-propanamid e (para-

fluorofentanyl), its optical isomers, salts, and salts of isomers.

     (16) Gamma hydroxybutyrate, HOOC-CH2-CH2-CH2OH, its optical, position, or

geometric isomers, salts, and salts of isomers.

     (f) Stimulants. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation that contains any quantity of the following substances

having a stimulant effect on the central nervous system, including its salts, isomers, and salts of

isomers:

     (1) Fenethylline

     (2) N-ethylamphetamine

     (3) 4-methyl-N-methylcathinone (Other name: mephedrone)

     (4) 3,4-methylenedioxy-N-methlycathinone (Other name: methylone)

     (5) 3,4-methylenedioxypyrovalerone (Other name: MDPV)

     (g) Any material, compound, mixture, or preparation that contains any quantity of the

following substances:

     (1) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497)

     (2) 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol

(cannabicyclohexanol and CP-47,497 c8 homologue)

     (3) 1-Butyl-3-(1 naphthoyl)indole, (JWH-073)

     (4) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200)

     (5) 1-Pentyl-3-(1-napthoyl)indole, (JWH-018 and AM678)

     (h) Synthetic cannabinoids or piperazines. Unless specifically excepted, any chemical

compound which is not approved by the United States Food and Drug Administration or, if

approved, which is not dispensed or possessed in accordance with state and federal law, that

contains Benzylpiperazine (BZP); Trifluoromethylphenylpiperazine (TFMPP); 1,1-

Dimethylheptyl-11-hydroxytetrahydrocannabinol (HU-210); 1-Butyl-3-(1-naphthoyl) indole; 1-

Pentyl-3-(1-naphthoyl) indole; dexanabinol (HU-211); or any compound in the following structural

classes:

     (1) Naphthoylindoles: Any compound containing a 3-(1-naphthoyl)indole structure with

substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

group, whether or not further substituted in the indole ring to any extent and whether or not

substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not

limited, to JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-122, JWH-200, and AM-

2201;

     (2) Phenylacetylindoles: Any compound containing a 3-phenylacetylindole structure with

substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

group whether or not further substituted in the indole ring to any extent and whether or not

substituted in the phenyl ring to any extent. Examples of this structural class include, but are not

limited to, JWH-167, JWH-250, JWH-251, and RCS-8;

     (3) Benzoylindoles: Any compound containing a 3-(benzoyl) indole structure with

substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

group whether or not further substituted in the indole ring to any extent and whether or not

substituted in the phenyl ring to any extent. Examples of this structural class include, but are not

limited, to AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and RCS-4;

     (4) Cyclohexylphenols: Any compound containing a 2-(3-hydroxycyclohexyl)phenol

structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

group whether or not substituted in the cyclohexyl ring to any extent. Examples of this structural

class include, but are not limited to, CP 47,497 and its C8 homologue (cannabicyclohexanol);

     (5) Naphthylmethylindoles: Any compound containing a 1H-indol-3-yl-(1-naphthyl)

methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,

alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-

morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and

whether or not substituted in the naphthyl ring to any extent. Examples of this structural class

include, but are not limited to, JWH-175, JWH-184, and JWH-185;

     (6) Naphthoylpyrroles: Any compound containing a 3-(1-naphthoyl)pyrrole structure with

substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

group whether or not further substituted in the pyrrole ring to any extent and whether or not

substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not

limited, to JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368;

     (7) Naphthylmethylindenes: Any compound containing a 1-(1-naphthylmethyl)indene

structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl,

cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl

group whether or not further substituted in the indene ring to any extent and whether or not

substituted in the naphthyl ring to any extent. Examples of this structural class include, but are not

limited to, JWH-176; or

     (8) Any other synthetic cannabinoid or piperazine which is not approved by the United

States Food and Drug Administration or, if approved, which is not dispensed or possessed in

accordance with state and federal law.

     (i) Synthetic cathinones. Unless specifically excepted, any chemical compound which is

not approved by the United States Food and Drug Administration or, if approved, which is not

dispensed or possessed in accordance with state and federal law, not including bupropion,

structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl,

naphthyl, or thiophene ring systems, whether or not the compound is further modified in one or

more of the following ways:

     (1) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,

haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by

one or more other univalent substituents. Examples of this class include, but are not limited to, 3,4-

Methylenedioxycathinone (bk-MDA);

     (2) By substitution at the 3-position with an acyclic alkyl substituent. Examples of this

class include, but are not limited to, 2-methylamino-1-phenylbutan-1-one (buphedrone);

     (3) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or

methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure.

Examples of this class include, but are not limited to, Dimethylcathinone, Ethcathinone, and α-

Pyrrolidinopropiophenone (α-PPP); or

     (4) Any other synthetic cathinone which is not approved by the United States Food and

Drug Administration or, if approved, is not dispensed or possessed in accordance with state or

federal law.

     Schedule II

     (a) Schedule II shall consist of the drugs and other substances, by whatever official name,

common or usual name, chemical name, or brand name designated, listed in this section.

     (b) Substances, vegetable origin, or chemical synthesis. Unless specifically excepted or

unless listed in another schedule, any of the following substances whether produced directly or

indirectly by extraction from substances of vegetable origin, or independently by means of

chemical synthesis, or by a combination of extraction and chemical synthesis:

     (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or

opiate excluding naloxone and its salts, and excluding naltrexone and its salts, but including the

following:

     (i) Raw opium

     (ii) Opium extracts

     (iii) Opium fluid extracts

     (iv) Powdered opium

     (v) Granulated opium

     (vi) Tincture of opium

     (vii) Etorphine hydrochloride

     (viii) Codeine

     (ix) Ethylmorphine

     (x) Hydrocodone

     (xi) Hydromorphone

     (xii) Metopon

     (xiii) Morphine

     (xiv) Oxycodone

     (xv) Oxymorphone

     (xvi) Thebaine

     (2) Any salt, compound, derivative, or preparation that is chemically equivalent or identical

with any of the substances referred to in subdivision (1) of this subsection, except that these

substances shall not include the isoquinoline alkaloids of opium.

     (3) Opium poppy and poppy straw.

     (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any

salt, compound, derivative, or preparation that is chemically equivalent or identical with any of

these substances, except that the substances shall not include decocainized coca leaves or extraction

of coca leaves, which extractions do not contain cocaine or ecgonine.

     (5) Concentrate of poppy straw (the crude extract of poppy straw in liquid, solid, or powder

form that contains the phenanthrine alkaloids of the opium poppy).

     (c) Opiates. Unless specifically excepted or unless listed in another schedule, any of the

following opiates, including its isomers, esters, ethers, salts; and salts of isomers, esters, and ethers

whenever the existence of the isomers, esters, ethers, and salts is possible within the specific

chemical designation:

     (1) Alphaprodine

     (2) Anileridine

     (3) Bezitramide

     (4) Dihydrocodeine

     (5) Diphenoxylate

     (6) Fentanyl

     (7) Isomethadone

     (8) Levomethorphan

     (9) Levorphanol

     (10) Metazocine

     (11) Methadone

     (12) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane

     (13) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic

acid

     (14) Pethidine

     (15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine

     (16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate

     (17) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid

     (18) Phenaxocine

     (19) Piminodine

     (20) Racemethorphan

     (21) Racemorphan

     (22) Bulk Dextropropoxyphene (non-dosage forms)

     (23) Suffentanil

     (24) Alfentanil

     (25) Levoalphacetylmethadol

     (26) Carfentanil

     (27) Remifentanil

     (d) Stimulants. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation that contains any quantity of the following substances

having a stimulant effect on the central nervous system:

     (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers.

     (2) Methamphetamine, its salts, and salts of its isomers.

     (3) Phenmetrazine and its salts.

     (4) Methylphenidate.

     (e) Depressants. Unless specifically excepted or unless listed in another schedule, any

material, compound, mixture, or preparation that contains any quantity of the following substances

having a depressant effect on the central nervous system, including its salts, isomers, and salts of

isomers whenever the existence of the salts, isomers, and salts of isomers is possible within the

specific chemical designation:

     (1) Amobarbital

     (2) Glutethimide

     (3) Methyprylon

     (4) Pentobarbital

     (5) Phencyclidine

     (6) Secobarbital

     (7) Phencyclidine immediate precursors:

     (i) 1-phencyclohexylamine

     (ii) 1-piperidinocyclohexane-carbonitrile (PCC)

     (8) Immediate precursor to amphetamine and methamphetamine: Phenylacetone. Some

other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzone ketone.

     Schedule III

     (a) Unless specifically excepted or unless listed in another schedule, any material,

compound, mixture, or preparation that contains any quantity of the following substances having a

depressant effect on the central nervous system:

     (1) Any substance that contains any quantity of a derivative of barbituric acid or any salt

of a derivative of barbituric acid.

     (2) Chlorhexadol

     (3) Lysergic acid

     (4) Lysergic acid amide

     (5) Sulfondiethylmethane

     (6) Sulfonethylmethane

     (7) Sylfonmethane

     (8) Any compound, mixture, or preparation containing amobarbital, secobarbital,

pentobarbital, or any salt of them and one or more other active medicinal ingredients that are not

listed in any schedule.

     (9) Any suppository dosage form containing amobarbital, secobarbital, pentobarbital, or

any salt of any of these drugs and approved by the Food and Drug Administration for marketing

only as a suppository.

     (10) Ketamine, its salts, isomers, and salts of isomers. (Some other names for ketamine:

(+)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone).

     (b) Unless specifically excepted or unless listed in another schedule, any material,

compound, mixture, or preparation containing limited quantities of any of the following narcotic

drugs, or any salts of them:

     (1) Not more than one and eight tenths grams (1.8 gms.) of codeine per one hundred

milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with an equal

or greater quantity of an isoquinoline alkaloid of opium.

     (2) Not more than one and eight tenths grams (1.8 gms.) of codeine per one hundred

milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with one or

more active, nonnarcotic ingredients in recognized therapeutic amounts.

     (3) Not more than three hundred milligrams (300 mgs.) of dihydrocodeinone per one

hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with

a fourfold or greater quantity of an isoquinoline alkaloid of opium.

     (4) Not more than three hundred milligrams (300 mgs.) of dihydrocodeinone per one

hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with

one or more active nonnarcotic ingredients in recognized therapeutic amounts.

     (5) Not more than one and eight tenths grams (1.8 gms.) of dihydrocodeine per one hundred

milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with one or

more active nonnarcotic ingredients in recognized therapeutic amounts.

     (6) Not more than three hundred milligrams (300 mgs.) of ethylmorphine per one hundred

milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with one or

more active nonnarcotic ingredients in recognized therapeutic amounts.

     (7) Not more than five hundred milligrams (500 mgs.) of opium per one hundred milliliters

(100 mls.) or per one hundred grams (100 gms.) or not more than twenty-five milligrams (25 mgs.)

per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts.

     (8) Not more than fifty milligrams (50 mgs.) of morphine per one hundred milliliters (100

mls.) per one hundred grams (100 gms.) with one or more active, nonnarcotic ingredients in

recognized therapeutic amounts.

     (c) Stimulants. Unless specifically excepted or listed in another schedule, any material,

compound, mixture, or preparation that contains any quantity of the following substances having a

stimulant effect on the central nervous system, including its salts, isomers, and salts of the isomers

whenever the existence of the salts of isomers is possible within the specific chemical designation:

     (1) Benzphetamine

     (2) Chlorphentermine

     (3) Clortermine

     (4) Mazindol

     (5) Phendimetrazine

     (d) Steroids and hormones. Anabolic steroids (AS) or human growth hormone (HGH),

excluding those compounds, mixtures, or preparations containing an anabolic steroid that because

of its concentration, preparation, mixture, or delivery system, has no significant potential for abuse,

as published in 21 C.F.R. § 1308.34, including, but not limited to, the following:

     (1) Chlorionic Chorionic gonadotropin, except for veterinary use and when that use is

approved by the Food and Drug Administration.

     (2) Clostebol

     (3) Dehydrochlormethyltestosterone

     (4) Ethylestrenol

     (5) Fluoxymesterone

     (6) Mesterolone

     (7) Metenolone

     (8) Methandienone

     (9) Methandrostenolone

     (10) Methyltestosterone

     (11) Nandrolone decanoate

     (12) Nandrolone phenpropionate

     (13) Norethandrolone

     (14) Oxandrolone

     (15) Oxymesterone

     (16) Oxymetholone

     (17) Stanozolol

     (18) Testosterone propionate

     (19) Testosterone-like related compounds

     (20) Human Growth Hormone (HGH)

     (e) Hallucinogenic substances.

     (1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in U.S.

Food and Drug Administration-approved drug product. (Some other names for dronabinol: (6aR-

trans)-6a, 7, 8, 10a-tetrahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo[b,d] pyra n-1-ol,or(-)-delta-

9(trans)-tetrahydrocannabinol.)

     Schedule IV

     (1) Barbital.

     (2) Chloral betaine

     (3) Chloral hydrate

     (4) Ethchrovynol

     (5) Ethinamate

     (6) Methohexital

     (7) Meprobamate

     (8) Methylphenobarbital

     (9) Paraldehyde

     (10) Petrichloral

     (11) Phenobarbital

     (12) Fenfluramine

     (13) Diethylpropion

     (14) Phentermine

     (15) Pemoline (including organometallic complexes and chelates thereof).

     (16) Chlordiazepoxide

     (17) Clonazepam

     (18) Clorazepate

     (19) Diazepam

     (20) Flurazepam

     (21) Mebutamate

     (22) Oxazepam

     (23) Unless specifically excepted or unless listed in another schedule, any material,

compound, mixture, or preparation that contains any quantity of the following substances, including

its salts:

     Dextropropoxyphene(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propronox

ybutane).

     (24) Prazepam

     (25) Lorazepam

     (26) Not more than one milligram (1 mg.) of difenoxin and not less than twenty-five (25)

micrograms of atropine sulfate per dosage unit.

     (27) Pentazocine

     (28) Pipradrol

     (29) SPA (-)-1-dimethylamino-1, 2-diphenylethane

     (30) Temazepam

     (31) Halazepam

     (32) Alprazolam

     (33) Bromazepam

     (34) Camazepam

     (35) Clobazam

     (36) Clotiazepam

     (37) Cloxazolam

     (38) Delorazepam

     (39) Estazolam

     (40) Ethyl Ioflazepate

     (41) Fludizaepam

     (42) Flunitrazepam

     (43) Haloxazolam

     (44) Ketazolam

     (45) Loprazolam

     (46) Lormetazepam

     (47) Medazepam

     (48) Nimetazepam

     (49) Nitrazepam

     (50) Nordiazepam

     (51) Oxazolam

     (52) Pinazepam

     (53) Tetrazepam

     (54) Mazindol

     (55) Triazolam

     (56) Midazolam

     (57) Quazepam

     (58) Butorphanol

     (59) Sibutramine

     Schedule V

     (a) Any compound, mixture, or preparation containing any of the following limited

quantities of narcotic drugs, which shall include one or more non-narcotic active medicinal

ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable

medicinal qualities other than those possessed by the narcotic drug alone:

     (1) Not more than two hundred milligrams (200 mgs.) of codeine per 100 milliliters (100

mls.) or per one hundred grams (100 gms.).

     (2) Not more than one hundred milligrams (100 mgs.) of dihydrocodeine per 100 milliliters

(100 mls.) or per one hundred grams (100 gms.).

     (3) Not more than one hundred milligrams (100 mgs.) of ethylmorphine per 100 milliliters

(100 mls.) or per one hundred grams (100 gms.).

     (4) Not more than two and five tenths milligrams (2.5 mgs.) of diphenixylate and not less

than twenty-five (25) micrograms of atropine sulfate per dosage unit.

     (5) Not more than one hundred milligrams (100 mgs.) of opium per one hundred milliliters

(100 mls.) or per one hundred grams (100 gms.).

     (b) Not more than five tenths milligrams (0.5 mgs.) of difenoxin and not less than twenty-

five (25) micrograms of atropine sulfate per dosage unit.

     (c) Buprenorphine

     (d) Unless specifically exempted or excluded or unless listed in another schedule, any

material, compound, mixture, or preparation that contains any quantity of the following substances

having a stimulant effect on the central nervous system, including its salts, isomers, and salts of

isomers:

     (1) Propylhexedrine (except as benzedrex inhaler)

     (2) Pyrovalerone.

 


 

 

 

570)

Section

Amended Chapter Numbers:

 

21-28-4.01

31 and 32

 

 

21-28-4.01. Prohibited acts A -- Penalties. [As amended by P.L. 2021, ch. 286, § 2 and

P.L. 2021, ch. 287, § 2.]

     (a)(1) Except as authorized by this chapter and chapters 28.6 and 28.11 of title 21, it shall

be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver

a controlled substance.

     (2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02, who violates

this subsection with respect to a controlled substance classified in schedule I or II, except the

substance classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned to

a term up to life or fined not more than five hundred thousand dollars ($500,000) nor less than ten

thousand dollars ($10,000), or both.

     (3) Where the deliverance as prohibited in this subsection shall be the proximate cause of

death to the person to whom the controlled substance is delivered, it shall not be a defense that the

person delivering the substance was, at the time of delivery, a drug-addicted person as defined in §

21-28-1.02.

     (4) Any person, except as provided for in subsection (a)(2), who violates this subsection

with respect to:

     (i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon

conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one

hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;

     (ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon

conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty

thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in

schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not

more than twenty thousand dollars ($20,000), or both.

     (iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon

conviction, may be imprisoned for not more than one year, or fined not more than ten thousand

dollars ($10,000), or both.

     (b)(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver,

or possess with intent to deliver, a counterfeit substance.

     (2) Any person who violates this subsection with respect to:

     (i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon

conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one

hundred thousand dollars ($100,000), or both;

     (ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon

conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty

thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in

schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not

more than twenty thousand dollars ($20,000), or both.

     (iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon

conviction, may be imprisoned for not more than one year, or fined not more than ten thousand

dollars ($10,000), or both.

     (c)(1) It shall be unlawful for any person knowingly or intentionally to possess a controlled

substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or

order of a practitioner while acting in the course of his or her professional practice, or except as

otherwise authorized by this chapter or chapters 28.6 and 28.11 of title 21.

     (2) Any person who violates this subsection with respect to:

     (i) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, ten grams (10 g.) or

less of a mixture or substance containing a detectable amount of a controlled substance classified

in schedules I, II, III, IV, and V, except buprenorphine and the substance classified as marijuana,

is guilty of a misdemeanor and, upon conviction, may be imprisoned for not more than two (2)

years, or fined not more than five hundred dollars ($500) or both.

     (ii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more than ten grams

(10 g.), but less than one ounce (1 oz.) of a mixture or substance containing a detectable amount of

a controlled substance classified in schedules I, II and III, IV, and V, except buprenorphine and the

substance classified as marijuana, is guilty of a felony and, upon conviction, may be imprisoned

for not more than three (3) years, or fined not more than five thousand dollars ($5,000), or both.

     (iii) Except as otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, more More than

one ounce (1 oz.) two ounces (2 oz.) or the equivalent amount in the form of cannabis concentrate

of a controlled substance classified in schedule I as marijuana is guilty of a misdemeanor unless

possessed inside one's own primary residence, except for those persons subject to (a)(1), and, upon

conviction, may be imprisoned for not more than one year, or fined not more than five hundred

dollars ($500), or both. Exclusive of live marijuana plants, more than ten ounces (10 oz.) of a

controlled substance classified in schedule I as marijuana or the equivalent amount in the form of

cannabis concentrate, when possessed within one's personal residence is guilty of a misdemeanor,

except for those persons subject to (a)(1), and, upon conviction, may be imprisoned for not more

than one year, or fined not less than two hundred dollars ($200) nor more than five hundred dollars

($500), or both.

     Possession of live marijuana plants in excess of the number authorized pursuant to § 21-

28.11-22 but less than twenty-five (25) marijuana plants is guilty of a misdemeanor, except for

those persons subject to (a)(1) and, upon conviction, may be imprisoned for not more than one year,

or fined not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or

both.

     Possession of twenty-five (25) or more live marijuana plants is guilty of a felony, except

for those persons subject to (a)(1), and upon conviction, may be imprisoned for not more than three

(3) years or fined not more than five thousand dollars ($5,000), or both.

     (iv) Notwithstanding any public, special, or general law to the contrary, and except as

otherwise provided in §§ 21-28-4.01.1 and 21-28-4.01.2, the possession of more than one ounce (1

oz.) or less but not more than two ounces (2 oz.) of marijuana or the equivalent amount in the form

of cannabis concentrate by a person who is eighteen (18) years of age or older at least twenty-one

(21) years old, and who is not exempted from penalties pursuant to chapter 28.6 of this title, shall

constitute a civil offense, rendering the offender liable to a civil penalty in the amount of one

hundred fifty dollars ($150) and forfeiture of the marijuana, but not to any other form of criminal

or civil punishment or disqualification. Notwithstanding any public, special, or general law to the

contrary, this civil penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana shall

apply if the offense is the first (1st) or second (2nd) violation within the previous eighteen (18)

months.

     (v) Notwithstanding any public, special, or general law to the contrary, possession of one

ounce (1 oz.) two ounces (2 oz.) or less of marijuana or the equivalent amount in the form of

cannabis concentrate by a person who is seventeen (17) years of age or older and under the age of

eighteen (18) between seventeen (17) and twenty (20) years old, and who is not exempted from

penalties pursuant to chapter 28.6 of this title, shall constitute a civil offense, rendering the offender

liable to a civil penalty in the amount of one hundred fifty dollars ($150) and forfeiture of the

marijuana; provided the minor offender completes an approved, drug-awareness program and

community service as determined by the court. If the person seventeen (17) years of age or older

and under the age of eighteen (18) years fails to complete an approved, drug-awareness program

and community service within one year of the disposition, the penalty shall be a three hundred

dollar ($300) civil fine and forfeiture of the marijuana, except that if no drug-awareness program

or community service is available, the penalty shall be a fine of one hundred fifty dollars ($150)

and forfeiture of the marijuana. The parents or legal guardian of any offender seventeen (17) years

of age or older and under the age of eighteen (18) shall be notified of the offense and the availability

of a drug-awareness and community-service program. The drug-awareness program must be

approved by the court, but shall, at a minimum, provide four (4) hours of instruction or group

discussion and ten (10) hours of community service. Notwithstanding any other public, special, or

general law to the contrary, this civil penalty shall apply if the offense is the first or second violation

within the previous eighteen (18) months.

     (vi) Notwithstanding any public, special, or general law to the contrary, a person not

exempted from penalties pursuant to chapter 28.6 of this title found in possession of one ounce (1

oz.) or less of marijuana is guilty of a misdemeanor and, upon conviction, may be imprisoned for

not more than thirty (30) days, or fined not less than two hundred dollars ($200) nor more than five

hundred dollars ($500), or both, if that person has been previously adjudicated on a violation for

possession of less than one ounce (1 oz.) of marijuana under (c)(2)(iv) or (c)(2)(v) two (2) times in

the eighteen (18) months prior to the third (3rd) offense.

     (vii) Any unpaid civil fine issued under (c)(2)(iv) or (c)(2)(v) shall double to three hundred

dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall double again

to six hundred dollars ($600) if it has not been paid within ninety (90) days.

     (viii) No person may be arrested for a violation of (c)(2)(iv) or (c)(2)(v) of this subsection

except as provided in this subparagraph. Any person in possession of an identification card, license,

or other form of identification issued by the state or any state, city, or town, or any college or

university, who fails to produce the same upon request of a police officer who informs the person

that he or she has been found in possession of what appears to the officer to be more than one ounce

(1 oz.) of marijuana, or the equivalent amount in the form of cannabis concentrate or any person

without any such forms of identification who fails or refuses to truthfully provide his or her name,

address, and date of birth to a police officer who has informed such person that the officer intends

to provide such individual with a citation for possession of more than one ounce (1 oz.) but less

than two ounces (2 oz.) of marijuana or the equivalent amount in the form of cannabis concentrate,

may be arrested.

     (ix) No violation of (c)(2)(iv) or (c)(2)(v) of this subsection shall be considered a violation

of parole or probation.

     (x) Any records collected by any state agency, tribunal, or the family court that include

personally identifiable information about violations of (c)(2)(iv) or (c)(2)(v) shall not be open to

public inspection in accordance with § 8-8.2-21.

     (3) Jurisdiction.

     (i) Any and all adjudications of violations of (c)(2)(i) shall be within the original

jurisdiction of the Rhode Island superior court. The department of attorney general shall prosecute

any and all violations of (c)(2)(i).

     (ii) Any and all violations of (c)(2)(iv) and (c)(2)(v) shall be the exclusive jurisdiction of

the Rhode Island traffic tribunal. All money associated with the civil fine issued under (c)(2)(iv) or

(c)(2)(v) shall be payable to the Rhode Island traffic tribunal. Fifty percent (50%) of all fines

collected by the Rhode Island traffic tribunal from civil penalties issued pursuant to (c)(2)(iv) or

(c)(2)(v) shall be expended on drug-awareness and treatment programs for youth.

     (4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or

(c)(2)(ii) or convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(ii)

(c)(2)(iii), who is not sentenced to a term of imprisonment to serve for the offense, shall be required

to:

     (i) Perform up to one hundred (100) hours of community service;

     (ii) Attend and complete a drug-counseling and education program, as prescribed, by the

director of the department of behavioral healthcare, developmental disabilities and hospitals

(BHDDH) similar to that in § 21-28.11-27.2, and pay the sum of four hundred dollars ($400) to

help defray the costs of this program which shall be deposited as general revenues. Failure to attend

may result, after hearing by the court, in jail sentence up to one year;

     (iii) The court shall not suspend any part or all of the imposition of the fee required by this

subsection, unless the court finds an inability to pay;

     (iv) If the offense involves the use of any automobile to transport the substance or the

substance is found within an automobile, then a person convicted or who pleads nolo contendere

under (c)(2)(i), (c)(2)(ii) or (c)(2)(iii) shall be subject to a loss of license for a period of six (6)

months for a first offense and one year for each offense after.

     (5) All fees assessed and collected pursuant to (c)(2)(iii) shall be deposited as general

revenues and shall be collected from the person convicted or who pleads nolo contendere before

any other fines authorized by this chapter.

     (d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to

manufacture or distribute, an imitation controlled substance. Any person who violates this

subsection is guilty of a crime and, upon conviction, shall be subject to the same term of

imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the

controlled substance that the particular imitation controlled substance forming the basis of the

prosecution was designed to resemble and/or represented to be; but in no case shall the

imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars

($20,000).

     (e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an

anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport,

or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight

without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor

and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more

than one thousand dollars ($1,000), or both.

     (f) It is unlawful for any person to knowingly or intentionally possess, manufacture,

distribute, or possess with intent to manufacture or distribute, any extract, compound, salt

derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person is

exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary, any

person who violates this section is guilty of a misdemeanor and, upon conviction, may be

imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or

both. The provisions of this section shall not apply to licensed physicians, pharmacists, and

accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or

datura stramonium and shall not apply to any person participating in clinical trials involving the

use of salvia divinorum or datura stramonium.


 

 

 

 

571)

Section

Amended Chapter Numbers:

 

21-28.5-2

31 and 32

 

 

21-28.5-2. Manufacture or delivery of drug paraphernalia -- Penalty.

     It is unlawful for any person to deliver, sell, possess with intent to deliver, or sell, or

manufacture with intent to deliver, or sell drug paraphernalia, knowing that it will be used to plant,

propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare,

test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or introduce into the human

body a controlled substance in violation of chapter 28 of this title. A violation of this section shall

be punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment not exceeding

two (2) years, or both.

     Notwithstanding any other provision of the general laws, the sale, manufacture, or delivery

of drug paraphernalia to a person acting in accordance with chapter chapters 28.6 and 28.11 of this

title shall not be considered a violation of this chapter. Any person violating this section, who but

for his or her age at the time of the violation would be acting in accordance with chapter 28.11 of

this title, shall be punished by a fine of one hundred dollars ($100), forfeiture of any drug

paraphernalia, and shall be ordered to complete a drug awareness program pursuant to § 21-28.11-

27.2.


 

 

 

 

572)

Section

Amended Chapter Numbers:

 

21-28.6-5

31 and 32

 

 

21-28.6-5. Departments of health and business regulation to issue regulations.

     (a) Not later than ninety (90) days after the effective date of this chapter, the department of

health shall promulgate regulations governing the manner in which it shall consider petitions from

the public to add debilitating medical conditions to those included in this chapter. In considering

such petitions, the department of health shall include public notice of, and an opportunity to

comment in a public hearing, upon such petitions. The department of health shall, after hearing,

approve or deny such petitions within one hundred eighty (180) days of submission. The approval

or denial of such a petition shall be considered a final department of health action, subject to judicial

review. Jurisdiction and venue for judicial review are vested in the superior court. The denial of a

petition shall not disqualify qualifying patients with that condition, if they have a debilitating

medical condition as defined in § 21-28.6-3. The denial of a petition shall not prevent a person with

the denied condition from raising an affirmative defense.

     (b) Not later than ninety (90) days after the effective date of this chapter, the department

of health shall promulgate regulations governing the manner in which it shall consider applications

for, and renewals of, registry identification cards for qualifying patients and authorized purchasers.

The department of health's regulations shall establish application and renewal fees that generate

revenues sufficient to offset all expenses of implementing and administering this chapter. The

department of health may vary the application and renewal fees along a sliding scale that accounts

for a qualifying patient's or caregiver's income. The department of health may accept donations

from private sources in order to reduce the application and renewal fees.

     (c) Not later than October 1, 2019, the department of business regulation shall promulgate

regulations not inconsistent with law, to carry into effect the provisions of this section, governing

the manner in which it shall consider applications for, and renewals of, registry identification cards

for primary caregivers. The department of business regulation's regulations shall establish

application and renewal fees. The department of business regulation may vary the application and

renewal fees along a sliding scale that accounts for a qualifying patient's or caregiver's income. The

department of business regulation may accept donations from private sources in order to reduce the

application and renewal fees.

     (d) On and after December 1, 2022, no fee shall be charged for application, registration or

renewal of an identification card for a patient or primary caregiver pursuant to the provisions of

this section. Registry identification cards for qualifying patients, authorized purchasers and primary

caregivers shall be issued without charge.


 

 

 

573)

Section

Amended Chapter Numbers:

 

21-28.6-6

31 and 32

 

 

21-28.6-6. Administration of departments of health and business regulation

regulations.

     (a) The department of health shall issue registry identification cards to qualifying patients

who submit the following, in accordance with the department's regulations. Applications shall

include but not be limited to:

     (1) Written certification as defined in § 21-28.6-3;

     (2) Application fee, as applicable;

     (3) Name, address, and date of birth of the qualifying patient; provided, however, that if

the patient is homeless, no address is required;

     (4) Name, address, and telephone number of the qualifying patient's practitioner;

     (5) Whether the patient elects to grow medical marijuana plants for himself or herself; and

     (6) Name, address, and date of birth of one primary caregiver of the qualifying patient and

any authorized purchasers for the qualifying patient, if any primary caregiver or authorized

purchaser is chosen by the patient or allowed in accordance with regulations promulgated by the

departments of health or business regulation.

     (b) The department of health shall not issue a registry identification card to a qualifying

patient under the age of eighteen (18) unless:

     (1) The qualifying patient's practitioner has explained the potential risks and benefits of the

medical use of marijuana to the qualifying patient and to a parent, guardian, or person having legal

custody of the qualifying patient; and

     (2) A parent, guardian, or person having legal custody consents in writing to:

     (i) Allow the qualifying patient's medical use of marijuana;

     (ii) Serve as the qualifying patient's primary caregiver or authorized purchaser; and

     (iii) Control the acquisition of the marijuana, the dosage, and the frequency of the medical

use of marijuana by the qualifying patient.

     (c) The department of health shall renew registry identification cards to qualifying patients

in accordance with regulations promulgated by the department of health and subject to payment of

any applicable renewal fee.

     (d) The department of health shall not issue a registry identification card to a qualifying

patient seeking treatment for post-traumatic stress disorder (PTSD) under the age of eighteen (18).

     (e) The department of health shall verify the information contained in an application or

renewal submitted pursuant to this section, and shall approve or deny an application or renewal

within thirty-five (35) days of receiving it. The department may deny an application or renewal

only if the applicant did not provide the information required pursuant to this section, or if the

department determines that the information provided was falsified, or that the renewing applicant

has violated this chapter under their previous registration. Rejection of an application or renewal is

considered a final department action, subject to judicial review. Jurisdiction and venue for judicial

review are vested in the superior court.

     (f) If the qualifying patient's practitioner notifies the department of health in a written

statement that the qualifying patient is eligible for hospice care or chemotherapy, the department

of health and department of business regulation, as applicable, shall give priority to these

applications when verifying the information in accordance with subsection (e) and issue a registry

identification card to these qualifying patients, primary caregivers and authorized purchasers within

seventy-two (72) hours of receipt of the completed application. The departments shall not charge a

registration fee to the patient, caregivers or authorized purchasers named in the application. The

department of health may identify through regulation a list of other conditions qualifying a patient

for expedited application processing.

     (g) Following the promulgation of regulations pursuant to § 21-28.6-5(c), the department

of business regulation may issue or renew a registry identification card to the qualifying patient

cardholder's primary caregiver, if any, who is named in the qualifying patient's approved

application. The department of business regulation shall verify the information contained in

applications and renewal forms submitted pursuant to this chapter prior to issuing any registry

identification card. The department of business regulation may deny an application or renewal if

the applicant or appointing patient did not provide the information required pursuant to this section,

or if the department determines that the information provided was falsified, or if the applicant or

appointing patient has violated this chapter under his or her previous registration or has otherwise

failed to satisfy the application or renewal requirements.

     (1) A primary caregiver applicant or an authorized purchaser applicant shall apply to the

bureau of criminal identification of the department of attorney general, department of public safety

division of state police, or local police department for a national criminal records check that shall

include fingerprints submitted to the Federal Bureau of Investigation. Upon the discovery of any

disqualifying information as defined in subsection (g)(5) of this section, and in accordance with the

rules promulgated by the director, the bureau of criminal identification of the department of

attorney general, department of public safety division of state police, or the local police department

shall inform the applicant, in writing, of the nature of the disqualifying information; and, without

disclosing the nature of the disqualifying information, shall notify the department of business

regulation or department of health, as applicable, in writing, that disqualifying information has been

discovered.

     (2) In those situations in which no disqualifying information has been found, the bureau of

criminal identification of the department of attorney general, department of public safety division

of state police, or the local police shall inform the applicant and the department of business

regulation or department of health, as applicable, in writing, of this fact.

     (3) The department of health or department of business regulation, as applicable, shall

maintain on file evidence that a criminal records check has been initiated on all applicants seeking

a primary caregiver registry identification card or an authorized purchaser registry identification

card and the results of the checks. The primary caregiver cardholder shall not be required to apply

for a national criminal records check for each patient he or she is connected to through the

department's registration process, provided that he or she has applied for a national criminal records

check within the previous two (2) years in accordance with this chapter. The department of health

and department of business regulation, as applicable, shall not require a primary caregiver

cardholder or an authorized purchaser cardholder to apply for a national criminal records check

more than once every two (2) years.

     (4) Notwithstanding any other provision of this chapter, the department of business

regulation or department of health may revoke or refuse to issue any class or type of registry

identification card or license if it determines that failing to do so would conflict with any federal

law or guidance pertaining to regulatory, enforcement, and other systems that states, businesses, or

other institutions may implement to mitigate the potential for federal intervention or enforcement.

This provision shall not be construed to prohibit the overall implementation and administration of

this chapter on account of the federal classification of marijuana as a schedule I substance or any

other federal prohibitions or restrictions.

     (5) Information produced by a national criminal records check pertaining to a conviction

for any felony offense under chapter 28 of this title ("Rhode Island controlled substances act");

murder; manslaughter; rape; first-degree sexual assault; second-degree sexual assault; first-degree

child molestation; second-degree child molestation; kidnapping; first-degree arson; second-degree

arson; mayhem; robbery; burglary; breaking and entering; assault with a dangerous weapon; assault

or battery involving grave bodily injury; and/or assault with intent to commit any offense

punishable as a felony or a similar offense from any other jurisdiction shall result in a letter to the

applicant and the department of health or department of business regulation, as applicable,

disqualifying the applicant. If disqualifying information has been found, the department of health

or department of business regulation, as applicable, may use its discretion to issue a primary

caregiver registry identification card or an authorized purchaser registry identification card if the

applicant's connected patient is an immediate family member and the card is restricted to that

patient only.

     (6) The primary caregiver or authorized purchaser applicant shall be responsible for any

expense associated with the national criminal records check.

     (7) For purposes of this section, "conviction" means, in addition to judgments of conviction

entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the

defendant has entered a plea of nolo contendere and has received a sentence of probation and those

instances where a defendant has entered into a deferred sentence agreement with the attorney

general.

     (8) The office of cannabis regulation may adopt rules and regulations based on federal

guidance provided those rules and regulations are designed to comply with federal guidance and

mitigate federal enforcement against the registrations and licenses issued under this chapter.

     (h)(1) On or before December 31, 2016, the department of health shall issue registry

identification cards within five (5) business days of approving an application or renewal that shall

expire two (2) years after the date of issuance.

     (2) Effective January 1, 2017, and thereafter, the department of health or the department of

business regulation, as applicable, shall issue registry identification cards within five (5) business

days of approving an application or renewal that shall expire one year after the date of issuance.

     (3) Registry identification cards shall contain:

     (i) The date of issuance and expiration date of the registry identification card;

     (ii) A random registry identification number;

     (iii) A photograph; and

     (iv) Any additional information as required by regulation of the department of health or

business regulation as applicable.

     (i) Persons issued registry identification cards by the department of health or department

of business regulation shall be subject to the following:

     (1) A qualifying patient cardholder shall notify the department of health of any change in

his or her name, address, primary caregiver, or authorized purchaser; or if he or she ceases to have

his or her debilitating medical condition, within ten (10) days of the change.

     (2) A qualifying patient cardholder who fails to notify the department of health of any of

these changes is responsible for a civil infraction, punishable by a fine of no more than one hundred

fifty dollars ($150). If the patient cardholder has ceased to suffer from a debilitating medical

condition, the card shall be deemed null and void and the person shall be liable for any other

penalties that may apply to the person's nonmedical use of marijuana.

     (3) A primary caregiver cardholder or authorized purchaser shall notify the issuing

department of any change in his or her name or address within ten (10) days of the change. A

primary caregiver cardholder or authorized purchaser who fails to notify the department of any of

these changes is responsible for a civil infraction, punishable by a fine of no more than one hundred

fifty dollars ($150).

     (4) When a qualifying patient cardholder or primary caregiver cardholder notifies the

department of health or department of business regulation, as applicable, of any changes listed in

this subsection, the department of health or department of business regulation, as applicable, shall

issue the qualifying patient cardholder and each primary caregiver cardholder a new registry

identification card within ten (10) days of receiving the updated information and a ten-dollar

($10.00) fee.

     (5) When a qualifying patient cardholder changes his or her primary caregiver or authorized

purchaser, the department of health or department of business regulation, as applicable, shall notify

the primary caregiver cardholder or authorized purchaser within ten (10) days. The primary

caregiver cardholder's protections as provided in this chapter as to that patient shall expire ten (10)

days after notification by the issuing department. If the primary caregiver cardholder or authorized

purchaser is connected to no other qualifying patient cardholders in the program, he or she must

return his or her registry identification card to the issuing department.

     (6) If a cardholder or authorized purchaser loses his or her registry identification card, he

or she shall notify the department that issued the card and submit a ten-dollar ($10.00) fee within

ten (10) days of losing the card. Within five (5) days, the department of health or department of

business regulation shall issue a new registry identification card with a new random identification

number.

     (7) Effective January 1, 2019, if a patient cardholder chooses to alter his or her registration

with regard to the growing of medical marijuana for himself or herself, he or she shall notify the

department prior to the purchase of medical marijuana tags or the growing of medical marijuana

plants.

     (8) If a cardholder or authorized purchaser willfully violates any provision of this chapter

as determined by the department of health or the department of business regulation, his or her

registry identification card may be revoked.

     (j) Possession of, or application for, a registry identification card shall not constitute

probable cause or reasonable suspicion, nor shall it be used to support the search of the person or

property of the person possessing or applying for the registry identification card, or otherwise

subject the person or property of the person to inspection by any governmental agency.

     (k)(1) Applications and supporting information submitted by qualifying patients, including

information regarding their primary caregivers, authorized purchaser, and practitioners, are

confidential and protected in accordance with the federal Health Insurance Portability and

Accountability Act of 1996, as amended, and shall be exempt from the provisions of chapter 2 of

title 38 et seq. (Rhode Island access to public records act) and not subject to disclosure, except to

authorized employees of the departments of health and business regulation as necessary to perform

official duties of the departments, and pursuant to subsections (l) and (m).

     (2) The application for a qualifying patient's registry identification card shall include a

question asking whether the patient would like the department of health to notify him or her of any

clinical studies about marijuana's risk or efficacy. The department of health shall inform those

patients who answer in the affirmative of any such studies it is notified of, that will be conducted

in Rhode Island. The department of health may also notify those patients of medical studies

conducted outside of Rhode Island.

     (3) The department of health and the department of business regulation, as applicable, shall

maintain a confidential list of the persons to whom the department of health or department of

business regulation has issued authorized patient, primary caregiver, and authorized purchaser

registry identification cards. Individual names and other identifying information on the list shall be

confidential, exempt from the provisions of Rhode Island access to public records, chapter 2 of title

38, and not subject to disclosure, except to authorized employees of the departments of health and

business regulation as necessary to perform official duties of the departments and pursuant to

subsections (l) and (m) of this section.

     (l) Notwithstanding subsections (k) and (m) of this section, the departments of health and

business regulation, as applicable, shall verify to law enforcement personnel whether a registry

identification card is valid and may provide additional information to confirm whether a cardholder

is compliant with the provisions of this chapter and the regulations promulgated hereunder. The

department of business regulation shall verify to law enforcement personnel whether a registry

identification card is valid and may confirm whether the cardholder is compliant with the provisions

of this chapter, or the cannabis control commission may verify if a sale is within the provisions of

chapter 28.11 of title 21 and the regulations promulgated hereunder. This verification may occur

through the use of a shared database, provided that any medical records or confidential information

in this database related to a cardholder's specific medical condition is protected in accordance with

subsection (k)(1).

     (m) It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a one

thousand dollar ($1,000) fine, for any person, including an employee or official of the departments

of health, business regulation, public safety, or another state agency or local government, to breach

the confidentiality of information obtained pursuant to this chapter. Notwithstanding this provision,

the department of health and department of business regulation employees may notify law

enforcement about falsified or fraudulent information submitted to the department or violations of

this chapter. Nothing in this act shall be construed as to prohibit law enforcement, public safety,

fire, or building officials from investigating violations of, or enforcing state law.

     (n) On or before the fifteenth day of the month following the end of each quarter of the

fiscal year, the department of health and the department of business regulation shall report to the

governor, the speaker of the house of representatives, and the president of the senate on applications

for the use of marijuana for symptom relief. The report shall provide:

     (1) The number of applications for registration as a qualifying patient, primary caregiver,

or authorized purchaser that have been made to the department of health and the department of

business regulation during the preceding quarter, the number of qualifying patients, primary

caregivers, and authorized purchasers approved, the nature of the debilitating medical conditions

of the qualifying patients, the number of registrations revoked, and the number and specializations,

if any, of practitioners providing written certification for qualifying patients.

     (o) On or before September 30 of each year, the department of health and the department

of business regulation, as applicable, shall report to the governor, the speaker of the house of

representatives, and the president of the senate on the use of marijuana for symptom relief. The

report shall provide:

     (1) The total number of applications for registration as a qualifying patient, primary

caregiver, or authorized purchaser that have been made to the department of health and the

department of business regulation, the number of qualifying patients, primary caregivers, and

authorized purchasers approved, the nature of the debilitating medical conditions of the qualifying

patients, the number of registrations revoked, and the number and specializations, if any, of

practitioners providing written certification for qualifying patients;

     (2) The number of active qualifying patient, primary caregiver, and authorized purchaser

registrations as of June 30 of the preceding fiscal year;

     (3) An evaluation of the costs permitting the use of marijuana for symptom relief, including

any costs to law enforcement agencies and costs of any litigation;

     (4) Statistics regarding the number of marijuana-related prosecutions against registered

patients and caregivers, and an analysis of the facts underlying those prosecutions;

     (5) Statistics regarding the number of prosecutions against physicians for violations of this

chapter; and

     (6) Whether the United States Food and Drug Administration has altered its position

regarding the use of marijuana for medical purposes or has approved alternative delivery systems

for marijuana.

     (p) After June 30, 2018, the department of business regulation shall report to the speaker

of the house, senate president, the respective fiscal committee chairpersons, and fiscal advisors

within 60 days of the close of the prior fiscal year. The report shall provide:

     (1) The number of applications for registry identification cards to compassion center staff,

the number approved, denied and the number of registry identification cards revoked, and the

number of replacement cards issued;

     (2) The number of applications for compassion centers and licensed cultivators;

     (3) The number of marijuana plant tag sets ordered, delivered, and currently held within

the state;

     (4) The total revenue collections of any monies related to its regulator activities for the

prior fiscal year, by the relevant category of collection, including enumerating specifically the total

amount of revenues foregone or fees paid at reduced rates pursuant to this chapter.


 

 

 

 

574)

Section

Amended Chapter Numbers:

 

21-28.6-12

31 and 32

 

 

21-28.6-12. Compassion centers.

     (a) A compassion center licensed under this section may acquire, possess, cultivate,

manufacture, deliver, transfer, transport, supply, or dispense medical marijuana, or related supplies

and educational materials, to registered qualifying patients and their registered primary caregivers

or authorized purchasers, or out-of-state patient cardholders or other marijuana establishment

licensees. Except as specifically provided to the contrary, all provisions of this chapter (the Edward

O. Hawkins and Thomas C. Slater medical marijuana act), apply to a compassion center unless the

provision(s) conflict with a provision contained in this section.

     (b) License of compassion centers -- authority of the departments of health and business

regulation:

     (1) Not later than ninety (90) days after the effective date of this chapter, the department

of health shall promulgate regulations governing the manner in which it shall consider applications

for licenses for compassion centers, including regulations governing:

     (i) The form and content of license and renewal applications;

     (ii) Minimum oversight requirements for compassion centers;

     (iii) Minimum record-keeping requirements for compassion centers;

     (iv) Minimum security requirements for compassion centers; and

     (v) Procedures for suspending, revoking, or terminating the license of compassion centers

that violate the provisions of this section or the regulations promulgated pursuant to this subsection.

     (2) Within ninety (90) days of the effective date of this chapter, the department of health

shall begin accepting applications for the operation of a single compassion center.

     (3) Within one hundred fifty (150) days of the effective date of this chapter, the department

of health shall provide for at least one public hearing on the granting of an application to a single

compassion center.

     (4) Within one hundred ninety (190) days of the effective date of this chapter, the

department of health shall grant a single license to a single compassion center, providing at least

one applicant has applied who meets the requirements of this chapter.

     (5) If at any time after fifteen (15) months after the effective date of this chapter, there is

no operational compassion center in Rhode Island, the department of health shall accept

applications, provide for input from the public, and issue a license for a compassion center if a

qualified applicant exists.

     (6) Within two (2) years of the effective date of this chapter, the department of health shall

begin accepting applications to provide licenses for two (2) additional compassion centers. The

department shall solicit input from the public, and issue licenses if qualified applicants exist.

     (7)(i) Any time a compassion center license is revoked, is relinquished, or expires on or

before December 31, 2016, the department of health shall accept applications for a new compassion

center.

     (ii) Any time a compassion center license is revoked, is relinquished, or expires on or after

January 1, 2017, the department of business regulation shall accept applications for a new

compassion center.

     (8)(i) If at any time after three (3) years after the effective date of this chapter and on or

before December 31, 2016, fewer than three (3) compassion centers are holding valid licenses in

Rhode Island, the department of health shall accept applications for a new compassion center. If at

any time on or after January 1, 2017, fewer than three (3) compassion centers are holding valid

licenses in Rhode Island, the department of business regulation shall accept applications for a new

compassion center. There shall be nine (9) compassion centers that may hold valid licenses at one

time. If at any time on or after July 1, 2019, fewer than nine (9) compassion centers are holding

valid licenses in Rhode Island, the department of business regulation shall accept applications for

new compassion centers and shall continue the process until nine (9) licenses have been issued by

the department of business regulation.

     (9) Any compassion center application selected for approval by the department of health

on or before December 31, 2016, or selected for approval by the department of business regulation

on or after January 1, 2017, shall remain in full force and effect, notwithstanding any provisions of

this chapter to the contrary, and shall be subject to state law adopted herein and rules and regulations

adopted by the departments of health and business regulation subsequent to passage of this

legislation.

     (10) A licensed cultivator may apply for, and be issued, an available compassion center

license, provided that the licensed cultivation premises is disclosed on the compassion center

application as the permitted second location for growing medical marijuana in accordance with

subsection (c)(i) of this section. If a licensed cultivator is issued an available compassion center

license, their cultivation facility license will merge with and into their compassion center license in

accordance with regulations promulgated by the department of business regulation. Once merged,

the cultivation of medical marijuana may then be conducted under the compassion center license

in accordance with this section and the cultivation license will be considered null and void and of

no further force or effect.

     (c) Compassion center and agent applications and license:

     (1) Each application for a compassion center shall be submitted in accordance with

regulations promulgated by the department of business regulation and shall include, but not be

limited to:

     (i) A non-refundable application fee paid to the department in the amount of ten thousand

dollars ($10,000);

     (ii) The proposed legal name and proposed articles of incorporation of the compassion

center;

     (iii) The proposed physical address of the compassion center, if a precise address has been

determined, or, if not, the general location where it would be located. This may include a second

location for the cultivation of medical marijuana;

     (iv) A description of the enclosed, locked facility that would be used in the cultivation of

medical marijuana;

     (v) The name, address, and date of birth of each principal officer and board member of the

compassion center;

     (vi) Proposed security and safety measures that shall include at least one security alarm

system for each location, planned measures to deter and prevent the unauthorized entrance into

areas containing marijuana and the theft of marijuana, as well as a draft, employee-instruction

manual including security policies, safety and security procedures, personal safety, and crime-

prevention techniques; and

     (vii) Proposed procedures to ensure accurate record keeping.

     (2)(i) For applications submitted on or before December 31, 2016, any time one or more

compassion center license applications are being considered, the department of health shall also

allow for comment by the public and shall solicit input from registered qualifying patients,

registered primary caregivers, and the towns or cities where the applicants would be located;

     (ii) For applications submitted on or after January 1, 2017, any time one or more

compassion center license applications are being considered, the department of business regulation

shall also allow for comment by the public and shall solicit input from registered qualifying

patients, registered primary caregivers, and the towns or cities where the applicants would be

located.

     (3) Each time a new compassion center license is issued, the decision shall be based upon

the overall health needs of qualified patients and the safety of the public, including, but not limited

to, the following factors:

     (i) Convenience to patients from areas throughout the state of Rhode Island;

     (ii) The applicant's ability to provide a steady supply to the registered qualifying patients

in the state;

     (iii) The applicant's experience running a non-profit or business;

     (iv) The interests of qualifying patients regarding which applicant be granted a license;

     (v) The interests of the city or town where the dispensary would be located taking into

consideration need and population;

     (vi) Nothing herein shall prohibit more than one compassion center being geographically

located in any city or town;

     (vii) The sufficiency of the applicant's plans for record keeping and security, which records

shall be considered confidential healthcare information under Rhode Island law and are intended

to be deemed protected healthcare information for purposes of the Federal Health Insurance

Portability and Accountability Act of 1996, as amended; and

     (viii) The sufficiency of the applicant's plans for safety and security, including proposed

location, security devices employed, and staffing.

     (4) A compassion center approved by the department of health on or before December 31,

2016, shall submit the following to the department before it may begin operations:

     (i) A fee paid to the department in the amount of five thousand dollars ($5,000);

     (ii) The legal name and articles of incorporation of the compassion center;

     (iii) The physical address of the compassion center; this may include a second address for

the secure cultivation of marijuana;

     (iv) The name, address, and date of birth of each principal officer and board member of the

compassion center; and

     (v) The name, address, and date of birth of any person who will be an agent of, employee,

or volunteer of the compassion center at its inception.

     (5)(i) A compassion center approved or renewed by the department of business regulation

on or after January 1, 2017, but before July 1, 2019, shall submit materials pursuant to regulations

promulgated by the department of business regulation before it may begin operations:

     (A) A fee paid to the department in the amount of five thousand dollars ($5,000);

     (B) The legal name and articles of incorporation of the compassion center;

     (C) The physical address of the compassion center; this may include a second address for

the secure cultivation of medical marijuana;

     (D) The name, address, and date of birth of each principal officer and board member of the

compassion center;

     (E) The name, address, and date of birth of any person who will be an agent, employee, or

volunteer of the compassion center at its inception.

     (ii) A compassion center approved or renewed by the department of business regulation on

or after July 1, 2019, shall submit materials pursuant to regulations promulgated by the department

of business regulation before it may begin operations, which shall include but not be limited to:

     (A) A fee paid to the department in the amount of five hundred thousand dollars

($500,000);

     (B) The legal name and articles of incorporation of the compassion center;

     (C) The physical address of the compassion center; this may include a second address for

the secure cultivation of medical marijuana;

     (D) The name, address, and date of birth of each principal officer and board member of the

compassion center, and any person who has a direct or indirect ownership interest in any marijuana

establishment licensee, which ownership interest shall include, but not be limited to, any interests

arising pursuant to the use of shared management companies, management agreements or other

agreements that afford third-party management or operational control, or other familial or business

relationships between compassion center or cultivator owners, members, officers, directors,

managers, investors, agents, or key persons that effect dual license interests as determined by the

department of business regulation;

     (E) The name, address, and date of birth of any person who will be an agent, employee, or

volunteer of the compassion center at its inception.

     (6) Except as provided in subsection (c)(7) of this section, the department of health or the

department of business regulation shall issue each principal officer, board member, agent,

volunteer, and employee of a compassion center a registry identification card or renewal card after

receipt of the person's name, address, date of birth; a fee in an amount established by the department

of health or the department of business regulation; and, except in the case of an employee,

notification to the department of health or the department of business regulation by the department

of public safety division of state police, attorney general's office, or local law enforcement that the

registry identification card applicant has not been convicted of a felony drug offense or has not

entered a plea of nolo contendere for a felony drug offense and received a sentence of probation.

Each card shall specify that the cardholder is a principal officer, board member, agent, volunteer,

or employee of a compassion center and shall contain the following:

     (i) The name, address, and date of birth of the principal officer, board member, agent,

volunteer, or employee;

     (ii) The legal name of the compassion center to which the principal officer, board member,

agent, volunteer, or employee is affiliated;

     (iii) A random identification number that is unique to the cardholder;

     (iv) The date of issuance and expiration date of the registry identification card; and

     (v) A photograph, if the department of health or the department of business regulation

decides to require one.

     (7) Except as provided in this subsection, neither the department of health nor the

department of business regulation shall issue a registry identification card to any principal officer,

board member, or agent, of a compassion center who has been convicted of a felony drug offense

or has entered a plea of nolo contendere for a felony drug offense and received a sentence of

probation. If a registry identification card is denied, the compassion center will be notified in

writing of the purpose for denying the registry identification card. A registry identification card

may be granted if the offense was for conduct that occurred prior to the enactment of the Edward

O. Hawkins and Thomas C. Slater medical marijuana act or that was prosecuted by an authority

other than the state of Rhode Island and for which the Edward O. Hawkins and Thomas C. Slater

medical marijuana act would otherwise have prevented a conviction.

     (i) All registry identification card applicants shall apply to the department of public safety

division of state police, the attorney general's office, or local law enforcement for a national

criminal identification records check that shall include fingerprints submitted to the federal bureau

of investigation. Upon the discovery of a felony drug offense conviction or a plea of nolo

contendere for a felony drug offense with a sentence of probation, and in accordance with the rules

promulgated by the department of health and the department of business regulation, the department

of public safety division of state police, the attorney general's office, or local law enforcement shall

inform the applicant, in writing, of the nature of the felony and the department of public safety

division of state police shall notify the department of health or the department of business

regulation, in writing, without disclosing the nature of the felony, that a felony drug offense

conviction or a plea of nolo contendere for a felony drug offense with probation has been found.

     (ii) In those situations in which no felony drug offense conviction or plea of nolo

contendere for a felony drug offense with probation has been found, the department of public safety

division of state police, the attorney general's office, or local law enforcement shall inform the

applicant and the department of health or the department of business regulation, in writing, of this

fact.

     (iii) All registry identification card applicants, except for employees with no ownership,

equity, financial interest, or managing control of a marijuana establishment license, shall be

responsible for any expense associated with the criminal background check with fingerprints.

     (8) A registry identification card of a principal officer, board member, agent, volunteer,

employee, or any other designation required by the department of business regulation shall expire

one year after its issuance, or upon the expiration of the licensed organization's license, or upon the

termination of the principal officer, board member, agent, volunteer, or employee's relationship

with the compassion center, whichever occurs first.

     (9) A compassion center cardholder shall notify and request approval from the department

of business regulation of any change in his or her name or address within ten (10) days of the

change. A compassion center cardholder who fails to notify the department of business regulation

of any of these changes is responsible for a civil infraction, punishable by a fine of no more than

one hundred fifty dollars ($150).

     (10) When a compassion center cardholder notifies the department of health or the

department of business regulation of any changes listed in this subsection, the department shall

issue the cardholder a new registry identification card within ten (10) days of receiving the updated

information and a ten-dollar ($10.00) fee.

     (11) If a compassion center cardholder loses his or her registry identification card, he or

she shall notify the department of health or the department of business regulation and submit a ten-

dollar ($10.00) fee within ten (10) days of losing the card. Within five (5) days, the department

shall issue a new registry identification card with new random identification number.

     (12) On or before December 31, 2016, a compassion center cardholder shall notify the

department of health of any disqualifying criminal convictions as defined in subsection (c)(7) of

this section. The department of health may choose to suspend and/or revoke his or her registry

identification card after the notification.

     (13) On or after January 1, 2017, a compassion center cardholder shall notify the

department of business regulation of any disqualifying criminal convictions as defined in

subsection (c)(7) of this section. The department of business regulation may choose to suspend

and/or revoke his or her registry identification card after the notification.

     (14) If a compassion center cardholder violates any provision of this chapter or regulations

promulgated hereunder as determined by the departments of health and business regulation, his or

her registry identification card may be suspended and/or revoked.

     (d) Expiration or termination of compassion center:

     (1) On or before December 31, 2016, a compassion center's license shall expire two (2)

years after its license is issued. On or after January 1, 2017, a compassion center's license shall

expire one year after its license is issued. The compassion center may submit a renewal application

beginning sixty (60) days prior to the expiration of its license.

     (2) The department of health or the department of business regulation shall grant a

compassion center's renewal application within thirty (30) days of its submission if the following

conditions are all satisfied:

     (i) The compassion center submits the materials required under subsections (c)(4) and

(c)(5) of this section, including a five-hundred-thousand-dollar ($500,000) fee;

     (ii) The compassion center's license has never been suspended for violations of this chapter

or regulations issued pursuant to this chapter; and

     (iii) The department of business regulation finds that the compassion center is adequately

providing patients with access to medical marijuana at reasonable rates.

     (3) If the department of health or the department of business regulation determines that any

of the conditions listed in subsections (d)(2)(i) -- (iii) of this section have not been met, the

department may begin an open application process for the operation of a compassion center. In

granting a new license, the department of health or the department of business regulation shall

consider factors listed in subsection (c)(3) of this section.

     (4) The department of business regulation shall issue a compassion center one or more

thirty-day (30) temporary licenses after that compassion center's license would otherwise expire if

the following conditions are all satisfied:

     (i) The compassion center previously applied for a renewal, but the department had not yet

come to a decision;

     (ii) The compassion center requested a temporary license; and

     (iii) The compassion center has not had its license suspended or revoked due to violations

of this chapter or regulations issued pursuant to this chapter.

     (5) A compassion center's license shall be denied, suspended, or subject to revocation if

the compassion center:

     (i) Possesses an amount of marijuana exceeding the limits established by this chapter;

     (ii) Is in violation of the laws of this state;

     (iii) Is in violation of other departmental regulations;

     (iv) Employs or enters into a business relationship with a medical practitioner who provides

written certification of a qualifying patient's medical condition; or

     (v) If any compassion center owner, member, officer, director, manager, investor, agent,

or key person as defined in regulations promulgated by the department of business regulation, has

any interest, direct or indirect, in another compassion center or another licensed cultivator, except

as permitted in subsection (b)(10) of this section or pursuant to § 21-28.11-19. Prohibited interests

shall also include interests arising pursuant to the use of shared management companies,

management agreements, or other agreements that afford third-party management or operational

control, or other familial or business relationships between compassion center or cultivator owners,

members, officers, directors, managers, investors, agents, or key persons that effect dual license

interests as determined by the department of business regulation.

     (e) Inspection. Compassion centers are subject to reasonable inspection by the department

of health, division of facilities regulation, and the department of business regulation. During an

inspection, the departments may review the compassion center's confidential records, including its

dispensing records, which shall track transactions according to qualifying patients' registry

identification numbers to protect their confidentiality.

     (f) Compassion center requirements:

     (1) A compassion center shall be operated on a not-for-profit basis for the mutual benefit

of its patients. A compassion center need not be recognized as a tax-exempt organization by the

Internal Revenue Service. A compassion center shall be subject to regulations promulgated by the

department of business regulation for general operations and record keeping, which shall include,

but not be limited to:

     (i) Minimum security and surveillance requirements;

     (ii) Minimum requirements for workplace safety and sanitation;

     (iii) Minimum requirements for product safety and testing;

     (iv) Minimum requirements for inventory tracking and monitoring;

     (v) Minimum requirements for the secure transport and transfer of medical marijuana;

     (vi) Minimum requirements to address odor mitigation;

     (vii) Minimum requirements for product packaging and labeling;

     (viii) Minimum requirements and prohibitions for advertising;

     (ix) Minimum requirements for the testing and destruction of marijuana. Wherever

destruction of medical marijuana and medical marijuana product is required to bring a person or

entity into compliance with any provision of this chapter, any rule or regulation promulgated

thereunder, or any administrative order issued in accordance therewith, the director of the

department of business regulation may designate his or her employees or agents to facilitate the

destruction;

     (x) A requirement that if a compassion center violates this chapter, or any regulation

thereunder, and the department of business regulation determines that violation does not pose an

immediate threat to public health or public safety, the compassion center shall pay to the department

of business regulation a fine of no less than five-hundred dollars ($500); and

     (xi) A requirement that if a compassion center violates this chapter, or any regulation

promulgated hereunder, and the department of business regulation determines that the violation

poses an immediate threat to public health or public safety, the compassion center shall pay to the

department of business regulation a fine of no less than two thousand dollars ($2,000) and the

department shall be entitled to pursue any other enforcement action provided for under this chapter

and the regulations.

     (2) A compassion center may not be located within one thousand feet (1,000') of the

property line of a preexisting public or private school.

     (3) On or before December 31, 2016, a compassion center shall notify the department of

health within ten (10) days of when a principal officer, board member, agent, volunteer, or

employee ceases to work at the compassion center. On or after January 1, 2017, a compassion

center shall notify the department of business regulation within ten (10) days of when a principal

officer, board member, agent, volunteer, or employee ceases to work at the compassion center. His

or her card shall be deemed null and void and the person shall be liable for any penalties that may

apply to any nonmedical possession or use of marijuana by the person.

     (4)(i) On or before December 31, 2016, a compassion center shall notify the department of

health in writing of the name, address, and date of birth of any new principal officer, board member,

agent, volunteer, or employee and shall submit a fee in an amount established by the department

for a new registry identification card before that person begins his or her relationship with the

compassion center;

     (ii) On or after January 1, 2017, a compassion center shall notify the department of business

regulation, in writing, of the name, address, and date of birth of any new principal officer, board

member, agent, volunteer, or employee and shall submit a fee in an amount established by the

department of business regulation for a new registry identification card before that person begins

his or her relationship with the compassion center;

     (5) A compassion center shall implement appropriate security measures to deter and

prevent the unauthorized entrance into areas containing marijuana and the theft of marijuana and

shall ensure that each location has an operational security alarm system. Each compassion center

shall request that the department of public safety division of state police visit the compassion center

to inspect the security of the facility and make any recommendations regarding the security of the

facility and its personnel within ten (10) days prior to the initial opening of each compassion center.

The recommendations shall not be binding upon any compassion center, nor shall the lack of

implementation of the recommendations delay or prevent the opening or operation of any center.

If the department of public safety division of state police does not inspect the compassion center

within the ten-day (10) period, there shall be no delay in the compassion center's opening.

     (6) The operating documents of a compassion center shall include procedures for the

oversight of the compassion center and procedures to ensure accurate record keeping.

     (7) A compassion center is prohibited from acquiring, possessing, cultivating,

manufacturing, delivering, transferring, transporting, supplying, or dispensing marijuana for any

purpose except to assist patient cardholders with the medical use of marijuana directly or through

the qualifying patient's primary caregiver or authorized purchaser. This provision shall not apply

to hybrid cannabis retailers authorized pursuant to the provisions of § 21-28.11-10.

     (8) All principal officers and board members of a compassion center must be residents of

the state of Rhode Island.

     (9) Each time a new, registered, qualifying patient visits a compassion center, it shall

provide the patient with a frequently-asked-questions sheet, designed by the department, that

explains the limitations on the right to use medical marijuana under state law.

     (10) Effective July 1, 2017, each compassion center shall be subject to any regulations

promulgated by the departments of health and business regulation that specify how marijuana must

be tested for items, included but not limited to, cannabinoid profile and contaminants.

     (11) Effective January 1, 2017, each compassion center shall be subject to any product

labeling requirements promulgated by the department of business regulation.

     (12) Each compassion center shall develop, implement, and maintain on the premises

employee, volunteer, and agent policies and procedures to address the following requirements:

     (i) A job description or employment contract developed for all employees and agents, and

a volunteer agreement for all volunteers, that includes duties, authority, responsibilities,

qualifications, and supervision; and

     (ii) Training in, and adherence to, state confidentiality laws.

     (13) Each compassion center shall maintain a personnel record for each employee, agent,

and volunteer that includes an application and a record of any disciplinary action taken.

     (14) Each compassion center shall develop, implement, and maintain on the premises an

on-site training curriculum, or enter into contractual relationships with outside resources capable

of meeting employee training needs, that includes, but is not limited to, the following topics:

     (i) Professional conduct, ethics, and patient confidentiality; and

     (ii) Informational developments in the field of medical use of marijuana.

     (15) Each compassion center entity shall provide each employee, agent, and volunteer, at

the time of his or her initial appointment, training in the following:

     (i) The proper use of security measures and controls that have been adopted; and

     (ii) Specific procedural instructions on how to respond to an emergency, including robbery

or violent accident.

     (16) All compassion centers shall prepare training documentation for each employee and

volunteer and have employees and volunteers sign a statement indicating the date, time, and place

the employee and volunteer received the training and topics discussed, to include name and title of

presenters. The compassion center shall maintain documentation of an employee's and a volunteer's

training for a period of at least six (6) months after termination of an employee's employment or

the volunteer's volunteering.

     (g) Maximum amount of usable marijuana to be dispensed:

     (1) A compassion center or principal officer, board member, agent, volunteer, or employee

of a compassion center may not dispense more than two and one-half ounces (2.5 oz.) of usable

marijuana, or its equivalent, to a qualifying patient directly or through a qualifying patient's primary

caregiver or authorized purchaser during a fifteen-day (15) period.

     (2) A compassion center or principal officer, board member, agent, volunteer, or employee

of a compassion center may not dispense an amount of usable marijuana, or its equivalent, to a

patient cardholder, qualifying patient, a qualifying patient's primary caregiver, or a qualifying

patient's authorized purchaser that the compassion center, principal officer, board member, agent,

volunteer, or employee knows would cause the recipient to possess more marijuana than is

permitted under the Edward O. Hawkins and Thomas C. Slater medical marijuana act.

     (3) Compassion centers shall utilize a database administered by the departments of health

and business regulation. The database shall contain all compassion centers' transactions according

to qualifying patients', authorized purchasers', and primary caregivers' registry identification

numbers to protect the confidentiality of patient personal and medical information. Compassion

centers will not have access to any applications or supporting information submitted by qualifying

patients, authorized purchasers or primary caregivers. Before dispensing marijuana to any patient

or authorized purchaser, the compassion center must utilize the database to ensure that a qualifying

patient is not dispensed more than two and one-half ounces (2.5 oz.) of usable marijuana or its

equivalent directly or through the qualifying patient's primary caregiver or authorized purchaser

during a fifteen-day (15) period.

     (4) A compassion center operating as a hybrid cannabis retailer authorized to conduct adult

use cannabis sales pursuant to the provisions of § 21-28.11-10 may sell up to one ounce (1 oz.) of

cannabis to a person at least twenty-one (21) years of age as an intended consumer, in accordance

with the provisions of chapter 28.11 of title 21.

     (h) Immunity:

     (1) No licensed compassion center shall be subject to prosecution; search, except by the

departments pursuant to subsection (e) of this section; seizure; or penalty in any manner, or denied

any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business,

occupational, or professional licensing board or entity, solely for acting in accordance with this

section to assist registered qualifying patients.

     (2) No licensed compassion center shall be subject to prosecution, seizure, or penalty in

any manner, or denied any right or privilege, including, but not limited to, civil penalty or

disciplinary action, by a business, occupational, or professional licensing board or entity, for

selling, giving, or distributing marijuana in whatever form, and within the limits established by, the

department of health or the department of business regulation to another registered compassion

center.

     (3) No principal officers, board members, agents, volunteers, or employees of a registered

compassion center shall be subject to arrest, prosecution, search, seizure, or penalty in any manner,

or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by

a business, occupational, or professional licensing board or entity, solely for working for or with a

compassion center to engage in acts permitted by this section.

     (4) No state employee shall be subject to arrest, prosecution or penalty in any manner, or

denied any right or privilege, including, but not limited to, civil penalty, disciplinary action,

termination, or loss of employee or pension benefits, for any and all conduct that occurs within the

scope of his or her employment regarding the administration, execution and/or enforcement of this

act, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section.

     (i) Prohibitions:

     (1) A compassion center must limit its inventory of seedlings, plants, and marijuana to

reflect the projected needs of qualifying patients;

     (2) A compassion center may not dispense, deliver, or otherwise transfer marijuana to a

person other than a patient cardholder or to a qualified patient's primary caregiver or authorized

purchaser. This provision shall not apply to hybrid cannabis retailers authorized pursuant to the

provisions of § 21-28.11-10;

     (3) A compassion center may not procure, purchase, transfer, or sell marijuana to or from

any entity other than a marijuana establishment licensee in accordance with the provisions of this

chapter and chapter 28.11 of title 21 and the rules and regulations promulgated by the commission;

     (4) A person found to have violated subsection (h)(2) or (h)(3) of this section may not be

an employee, agent, volunteer, principal officer, or board member of any compassion center;

     (5) An employee, agent, volunteer, principal officer or board member of any compassion

center found in violation of subsection (h)(2) or (h)(3) of this section shall have his or her registry

identification revoked immediately; and

     (6) No person who has been convicted of a felony drug offense or has entered a plea of

nolo contendere for a felony drug offense with a sentence of probation may be the principal officer,

board member, or agent of a compassion center unless the department has determined that the

person's conviction was for the medical use of marijuana or assisting with the medical use of

marijuana in accordance with the terms and conditions of this chapter. A person who is employed

by or is an agent, volunteer, principal officer, or board member of a compassion center in violation

of this section is guilty of a civil violation punishable by a fine of up to one thousand dollars

($1,000). A subsequent violation of this section is a misdemeanor; and

     (7) After March 1, 2023, and in accordance with a timeline established by the commission,

no compassion center shall accept any out-of-state medical marijuana card unless the patient also

possesses and produces a valid government identification demonstrating residency in the same state

that issued the medical marijuana card.

     (j) Legislative oversight committee:

     (1) The general assembly shall appoint a nine-member (9) oversight committee comprised

of: one member of the house of representatives; one member of the senate; one physician to be

selected from a list provided by the Rhode Island medical society; one nurse to be selected from a

list provided by the Rhode Island state nurses association; two (2) registered qualifying patients;

one registered primary caregiver; one patient advocate to be selected from a list provided by the

Rhode Island patient advocacy coalition; and the superintendent of the department of public safety,

or his/her designee.

     (2) The oversight committee shall meet at least six (6) times per year for the purpose of

evaluating and making recommendations to the general assembly regarding:

     (i) Patients' access to medical marijuana;

     (ii) Efficacy of compassion centers;

     (iii) Physician participation in the Medical Marijuana Program;

     (iv) The definition of qualifying medical condition; and

     (v) Research studies regarding health effects of medical marijuana for patients.

     (3) On or before January 1 of every even numbered year, the oversight committee shall

report to the general assembly on its findings.

     (k) License required. No person or entity shall engage in activities described in this section

without a compassion center license issued by the department of business regulation.


 

 

 

 

575)

Section

Amended Chapter Numbers:

 

21-28.6-15

31 and 32

 

 

21-28.6-15. Medical marijuana plant tags.

     (a) Effective January 1, 2017, the department of business regulation shall make medical

marijuana tag sets available for purchase. Effective April 1, 2017, every marijuana plant, either

mature or immature, grown by a registered patient or primary caregiver, must be accompanied by

a physical medical marijuana tag purchased through the department of business regulation and

issued by the department of business regulation to qualifying patients and primary caregivers.

Effective December 1, 2022, all medical marijuana tag sets shall be provided without charge to

patient cardholders and/or primary caregivers authorized to grow medical cannabis. The

commission by rule and regulation may specify, alter or amend the method or manner of issuance

of tags; however, all issuance of tags after December 1, 2022, shall be without charge to patient

cardholders and/or primary caregivers authorized to grow medical cannabis.

     (1) The department of business regulation shall charge an annual fee for each medical

marijuana tag set that shall include one tag for a mature medical marijuana plant and one tag for an

immature plant. If the required fee has not been paid, those medical marijuana tags shall be

considered expired and invalid. The fee established by the department of business regulation shall

be in accordance with the following requirements:

     (i) For patient cardholders authorized to grow medical marijuana by the department of

business regulation, the fee per tag set shall not exceed twenty-five dollars ($25);

     (ii) For primary caregivers, the fee per tag set shall not exceed twenty-five dollars ($25);

     (iii) For patients who qualify for reduced registration due to income or disability status,

there shall be no fee per tag set;

     (iv) For caregivers who provide care for a patient cardholder who qualifies for reduced-

registration due to income or disability status, there shall be no fee per tag set for the qualifying

patient; and

     (v) For licensed medical marijuana cultivators, the fee per tag set shall be established in

regulations promulgated by the department of business regulation.

     (2) Effective January 1, 2017, the department of business regulation shall verify with the

department of health that all medical marijuana tag purchases are made by qualifying patient

cardholders or primary caregiver cardholders. The department of health shall provide this

verification according to qualifying patients' and primary caregivers' registry identification

numbers and without providing access to any applications or supporting information submitted by

qualifying patients to protect patient confidentiality.

     (3) Effective January 1, 2019, and thereafter, the department of business regulation shall

verify with the department of health that all medical marijuana tag purchases are made by tags

provided to registered patient cardholders, who have notified the department of health of their

election to grow medical marijuana, or primary caregiver cardholders. The department of health

shall provide this verification according to qualifying patients' and primary caregivers' registry

identification numbers and without providing access to any applications or supporting information

submitted by qualifying patients to protect patient confidentiality.

     (4) The department of business regulation shall maintain information pertaining to medical

marijuana tags.

     (5) All primary caregivers shall purchase acquire at least one medical marijuana tag set for

each patient under their care and all patients growing medical marijuana for themselves shall

purchase at least one medical marijuana tag set.

     (6) All licensed medical marijuana cultivators shall purchase acquire at least one medical

marijuana tag set or utilize a seed-to-sale tracking system.

     (7) The department of business regulation shall promulgate regulations to establish a

process by which medical marijuana tags may be returned. The department of business regulation

may choose to reimburse a portion or the entire amount of any fees paid for medical marijuana tags

that are subsequently returned.

     (b) Enforcement until issuance of final rules and regulations by the commission pursuant

to chapter 28.11 of title 21:

     (1) If a patient cardholder, primary caregiver cardholder, licensed compassion center, or

licensed medical marijuana cultivator violates any provision of this chapter or the regulations

promulgated hereunder as determined by the departments of business regulation or health, his or

her medical marijuana tags may be revoked. In addition, the cardholder's registration or the license

may revoke the cardholder's registration or license.

     (2) The department of business regulation may revoke and not reissue, pursuant to

regulations, medical marijuana tags to any cardholder or licensee who is convicted of; placed on

probation; whose case is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere;

or whose case is deferred pursuant to § 12-19-19 where the defendant pleads nolo contendere for

any felony offense under chapter 28 of this title ("Rhode Island controlled substances act") or a

similar offense from any other jurisdiction.

     (3) If a patient cardholder, primary caregiver cardholder, licensed cooperative cultivation,

compassion center, licensed medical marijuana cultivator, or any other person or entity is found to

have marijuana plants, or marijuana material without valid medical marijuana tags sets or which

are not tracked in accordance with regulation, the department of business regulation shall impose

an administrative penalty in accordance with regulations promulgated by the department on the

patient cardholder, primary caregiver cardholder, licensed cooperative cultivation, compassion

center, licensed medical marijuana cultivator, or other person or entity for each untagged marijuana

plant or unit of untracked marijuana material.

     (4) [Deleted by P.L. 2019, ch. 88, art. 15, § 5].

     (c) Enforcement after issuance of final rules and regulations by the commission:

     (1) If a patient cardholder, primary caregiver cardholder, licensed compassion center, or

licensed medical marijuana cultivator violates any provision of this chapter or the regulations

promulgated hereunder as determined by the commission, his or her medical marijuana tags may

be revoked. In addition, the cardholder's registration or license may be revoked.

     (2) The commission may revoke and not reissue, pursuant to regulations, medical

marijuana tags to any cardholder or licensee who is convicted of; placed on probation; whose case

is filed pursuant to § 12-10-12 where the defendant pleads nolo contendere; or whose case is

deferred pursuant to § 12-19-19 where the defendant pleads nolo contendere for any felony offense

under chapter 28 of this title ("Rhode Island controlled substances act") or a similar offense from

any other jurisdiction.

     (3) If a patient cardholder, primary caregiver cardholder, licensed cooperative cultivation,

compassion center, licensed medical marijuana cultivator, or any other person or entity is found to

have marijuana plants, or marijuana material without valid medical marijuana tags sets or which

are not tracked in accordance with regulation, the commission shall impose an administrative

penalty in accordance with regulations promulgated by the commission on the patient cardholder,

primary caregiver cardholder, licensed cooperative cultivation, compassion center, licensed

medical marijuana cultivator, or other person or entity for each untagged marijuana plant or unit of

untracked marijuana material.


 

 

 

576)

Section

Amended Chapter Numbers:

 

21-28.6-17

31 and 32

 

 

21-28.6-17. Revenue.

     (a) Effective July 1, 2016, except for the one hundred twenty-five thousand dollar

($125,000) fee paid by hybrid cannabis retailers pursuant to § 21-28.11-10, all fees collected by the

departments of health and business regulation from applicants, registered patients, primary

caregivers, authorized purchasers, licensed medical marijuana cultivators, cooperative cultivations,

compassion centers, other licensees licensed pursuant to this chapter, and compassion-center and

other registry identification cardholders shall be placed in restricted-receipt accounts to support the

state's medical marijuana program, including but not limited to, payment of expenses incurred by

the departments of health and business regulation for the administration of the program. The

restricted-receipt account will be known as the "medical marijuana licensing account" and will be

housed within the budgets of the departments of business regulation and health until final issuance

of rules and regulations by the commission, at which time said account shall be housed within the

budget of the commission.

     (b) All revenues remaining in the restricted-receipt accounts after payments specified in

subsection (a) of this section shall first be paid to cover any existing deficit in the department of

health's restricted-receipt account or the department of business regulation's restricted-receipt

account. These transfers shall be made annually on the last business day of the fiscal year until final

issuance of rules and regulations of the commission, at which time the revenues subject to this

subsection shall be used to cover any existing deficit in the commission's budget.

     (c) All revenues remaining in the restricted-receipt accounts after payments specified in

subsections (a) and (b) shall be paid into the state's general fund. These payments shall be made

annually on the last business day of the fiscal year.


 

 

 

 

577)

Section

Added Chapter Numbers:

 

21-28.6-19

31 and 32

 

 

21-28.6-19. Transfer of powers.

     Upon final issuance of rules and regulations by the cannabis control commission pursuant

to the provisions of chapter 28.11 of title 21, including, but not limited to, § 21-28.11-18, all powers,

and duties, rulemaking authority, hearings, enforcement actions and administrative responsibilities

and duties of the department of business regulation and department of environmental management

with respect to this chapter shall be transferred to the cannabis control commission established

pursuant to § 21-28.11-4.


 

 

 

578)

Section

Added Chapter Numbers:

 

27-28.11

31 and 32

 

 

CHAPTER 28.11

THE RHODE ISLAND CANNABIS ACT


 

 

 

 

579)

Section

Added Chapter Numbers:

 

21-28.11-1

31 and 32

 

 

21-28.11-1. Short title.

     This chapter shall be known and may be cited as "The Rhode Island Cannabis Act".


 

 

 

580)

Section

Added Chapter Numbers:

 

21-28.11-2

31 and 32

 

 

21-28.11-2. Organizational structure.

     (a) The regulation, licensing, and enforcement requirements pertaining to regulated

cannabis establishments shall be conducted pursuant to the provisions of this chapter by virtue of

an independent three (3) member commission which shall exercise all powers necessary for the

implementation, administration and enforcement of cannabis regulation and policy for both medical

and adult use cannabis.

     (b) The commission shall work in conjunction with the cannabis advisory board which

shall provide advice, recommendations and proposals to the commission relative to the equitable

administration and regulation of cannabis, including the distribution of funds from the social equity

assistance fund pursuant to the provisions of this chapter.

     (c) Additionally, pursuant to the provisions of this chapter following the final issuance of

the commission's rules and regulations, there shall be established the "cannabis office" which shall

provide administrative and other support to the commission subject to this chapter and the rules

and regulations promulgated by the commission pursuant hereto.


 

 

 

 

581)

Section

Added Chapter Numbers:

 

21-28.11-3

31 and 32

 

 

21-28.11-3. Definitions.

     For purposes of this chapter, the following words, terms and phrases shall have the

following meanings:

     (1) "Administrator" means the administrator of the cannabis office appointed by the

governor pursuant to the provisions of § 21-28.11-18.1.

     (2) "Adult use cannabis" or "recreational cannabis" means cannabis which may be legally

possessed and consumed for non-medical purposes by a person who is at least twenty-one (21)

years of age.

     (3) "Applicant" means a Rhode Island resident or a business entity with a principal place

of business located in Rhode Island to include, but not limited to, a corporation, limited liability

company, limited liability partnership or partnership, and in which fifty-one percent (51%) of the

equity in the business entity is owned by residents of Rhode Island, and the Rhode Island resident

or business entity has made application for issuance of a license or certificate to own or engage in

a cannabis business subject to the provisions of this chapter.

     (4) ''Cannabinoid'' means any of several compounds produced by cannabis plants that have

medical and psychotropic effects.

     (5) ''Cannabinoid profile" means amounts, expressed as the dry-weight percentages, of

delta-9-tetrahydrocannabinol, cannabidiol, tetrahydrocannabinolic acid and cannabidiolic acid in a

cannabis product. Amounts of other cannabinoids may be regulated by the commission.

     (6) "Cannabis" or "marijuana'' or ''marihuana'' means all parts of any plant of the genus

cannabis not excepted herein, and whether growing or not; the seeds thereof; and resin extracted

from any part of the plant; and every compound, manufacture, salt, derivative, mixture or

preparation of the plant, its seeds or resin including tetrahydrocannabinol; provided, however, that

''cannabis'' shall not include:

     (i) The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from

the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of

the mature stalks, fiber, oil or cake made from the seeds of the plant or the sterilized seed of the

plant that is incapable of germination;

     (ii) Hemp; or

     (iii) The weight of any other ingredient combined with cannabis to prepare topical or oral

administrations, food, drink or other products.

     (7) "Cannabis accessories" or ''marijuana accessories'' means equipment, products, devices

or materials of any kind that are intended or designed for use in planting, propagating, cultivating,

growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing,

testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise

introducing cannabis into the human body.

     (8) "Cannabis advisory board" or "advisory board" means the cannabis advisory board

established pursuant to the provisions of § 21-28.11-6.

     (9) ''Cannabis concentrate'' means the resin extracted from any part of the plant of the genus

cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin

but shall not include the weight of any other ingredient combined with cannabis to prepare cannabis

products.

     (10) ''Cannabis control commission'' or "commission" means the Rhode Island cannabis

control commission established by § 21-28.11-4.

     (11) "Cannabis cultivator" or ''marijuana cultivator'' means an entity licensed to cultivate,

process and package cannabis, to deliver cannabis to cannabis establishments and to transfer

cannabis to other cannabis establishments, but not to consumers.

     (12) "Cannabis establishment" or ''marijuana establishment'' means a cannabis cultivator,

cannabis testing laboratory, cannabis product manufacturer, cannabis retailer, hybrid cannabis

retailer or any other type of licensed cannabis-related business.

     (13) "Cannabis office" means the office established pursuant to § 21-28.11-18.1.

     (14) "Cannabis product manufacturer" or ''marijuana product manufacturer'' means an

entity licensed to obtain, manufacture, process and package cannabis and cannabis products, to

deliver cannabis and cannabis products to cannabis establishments and to transfer cannabis and

cannabis products to other cannabis establishments, but not to consumers.

     (15) "Cannabis products" or ''marijuana products'' means products that have been

manufactured and contain cannabis or an extract from cannabis, including concentrated forms of

cannabis and products composed of cannabis and other ingredients that are intended for use or

consumption, including edible products, beverages, topical products, ointments, oils and tinctures.

     (16) "Cannabis retailer" or ''marijuana retailer'' means an entity licensed pursuant to § 21-

28.11-10.2 to purchase and deliver cannabis and cannabis products from cannabis establishments

and to deliver, sell or otherwise transfer cannabis and cannabis products to cannabis establishments

and to consumers.

     (17) "Cannabis testing laboratory'' means a third-party analytical testing laboratory that is

licensed annually by the commission, in consultation with the department of health, to collect and

test samples of cannabis and cannabis products pursuant to regulations issued by the commission

and is:

     (i) Independent financially from any medical cannabis treatment center or any licensee or

cannabis establishment for which it conducts a test; and

     (ii) Qualified to test cannabis in compliance with regulations promulgated by the

commission pursuant to this chapter. The term includes, but is not limited to, a cannabis testing

laboratory as provided in § 21-28.11-11.

     (18) "Chairperson" means the chairperson of the cannabis control commission established

pursuant to § 21-28.11-4.

     (19) ''Close associate'' means a person who holds a legally recognized financial interest in,

or is entitled to exercise power in, the business of an applicant or licensee and, by virtue of that

interest or power, is able to exercise a significant influence over the management or operation of a

cannabis establishment licensed under this chapter.

     (20) ''Consumer'' means a person who is at least twenty-one (21) years of age, and who is

authorized by law to consume or use cannabis.

     (21) ''Controlling person'' means an officer, board member or other individual who has a

financial or voting interest of ten percent (10%) or greater in a cannabis establishment.

     (22) ''Cultivation batch'' means a collection of cannabis plants from the same seed or plant

stock that are cultivated and harvested together, and receive an identical propagation and cultivation

treatment, including, but not limited to: growing media, ambient conditions, watering and light

regimes and agricultural or hydroponic inputs. Every cannabis cultivator licensee shall assign and

record a unique, sequential alphanumeric identifier to each cultivation batch for the purposes of

production tracking, product labeling and product recalls.

     (23) "Disproportionately impacted area" means a census tract or comparable geographic

area that satisfies at least one of the following criteria as determined by the commission, that:

     (i) The area has a poverty rate of at least twenty percent (20%) according to the latest

federal decennial census;

     (ii) Seventy-five percent (75%) or more of the children in the area participate in the federal

free lunch program according to reported statistics from the Rhode Island board of education;

     (iii) At least twenty percent (20%) of the households in the area receive assistance under

the Supplemental Nutrition Assistance Program (SNAP);

     (iv) The area has an average unemployment rate, as determined by the Rhode Island

department of labor and training, that is more than one hundred twenty percent (120%) of the

national unemployment average, as determined by the United States Department of Labor, for a

period of at least two (2) consecutive calendar years preceding the date of the application; or

     (v)(A) The area has a disproportionately high rates of arrest, conviction, and incarceration

related to the sale, possession, use, cultivation, manufacture, or transportation of cannabis in

comparison to other communities and localities in the state; or

     (B) The area has a history of arrests, convictions, and other law enforcement practices in a

certain geographic area, such as, but not limited to, precincts, zip codes, neighborhoods, and

political subdivisions, reflecting a disparate enforcement of cannabis prohibition during a certain

time period, when compared to the remainder of the state.

     (vi) The commission shall, with recommendations from the cannabis advisory board and

the chief equity officer, issue guidelines to determine how to assess which communities have been

disproportionately impacted and how to assess if someone is a member of a community

disproportionately impacted.

     (24) "Final issuance of the commission's rules and regulations" means the rules and

regulations adopted by the commission after compliance with requirements of chapter 35 of title

42 (the "administrative procedures act") and chapter 46 of title 42 (the "open meetings act") and

shall not include any emergency, provisional or interim rules, regulations, requirements, orders,

instructions or procedures.

     (25) ''Finished cannabis'' means a usable cannabis, cannabis resin or cannabis concentrate.

     (26) ''Hemp'' means the plant of the genus cannabis or any part of the plant, whether

growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed three tenths

of one percent (0.3%) on a dry weight basis of any part of the plant of the genus cannabis, or per

volume or weight of cannabis product, or the combined per cent of delta-9-tetrahydrocannabinol

and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture

content.

     (27) ''Host community'' means a municipality in which a cannabis establishment or a

medical cannabis treatment center is located or in which an applicant has proposed locating a

cannabis establishment or a medical cannabis treatment center.

     (28) "Hybrid cannabis retailer" or "hybrid compassion center" means a compassion center

licensed pursuant to chapter 28.6 of title 21 that is in good standing with the department of business

regulation and that has paid the fee pursuant to § 21-28.11-10 and has been authorized to sell non-

medical or adult use cannabis to consumers.

     (29) ''Laboratory agent'' means a registered employee of a cannabis testing laboratory who

transports, possesses or tests cannabis.

     (30) ''Licensee'' means a person or entity licensed by the commission pursuant to the

provisions of this chapter. Any business structure recognized under title 7 of the general laws,

including, but not limited to, corporations, partnerships, limited partnerships, limited-liability

companies, and workers' cooperatives, which is otherwise qualified, is eligible to be considered by

the commission as an entity licensee.

     (31) ''Manufacture'' means to compound, blend, extract, infuse or otherwise make or

prepare a cannabis product.

     (32) "Medical cannabis" means cannabis and cannabis products that satisfy the

requirements of chapter 28.6 of title 21 and have been given the designation of "medical cannabis"

or "medical marijuana" due to dose, potency and form. Medical cannabis products are only

available for use by patient cardholders, and may only be sold to or possessed by patient

cardholders, or their registered caregiver, or authorized purchaser in accordance with chapter 28.6

of title 21. Medical cannabis may not be sold to, possessed by, manufactured by, or used by any

person except as permitted pursuant to chapter 28.6 of title 21.

     (33) "Medical cannabis treatment center" or "Medical marijuana treatment center" includes

a compassion center, a medical marijuana emporium, or marijuana establishment licensee who

operates a treatment center, as defined in § 21-28.6-3.

     (34) "Member of an impacted family" means an individual who has a parent, legal

guardian, child, spouse, or dependent, or was a dependent of an individual who, prior to the

effective date of this chapter, was arrested for, charged with, convicted of, or adjudicated delinquent

for any offense that is eligible for expungement under this chapter.

     (35) "Ownership and control" means ownership of at least fifty-one percent (51%) of the

cannabis establishment, and control over the management and day-to-day operations of the

cannabis establishment, and an interest in the capital, assets, and profits and losses of the cannabis

establishment proportionate to percentage of ownership.

     (36) ''Process'' or ''processing'' means to harvest, dry, cure, trim and separate parts of the

cannabis plant by manual or mechanical means, except it shall not include manufacture as defined

in this section.

     (37) ''Production batch'' means a batch of finished plant material, cannabis resin, cannabis

concentrate or cannabis-infused product made at the same time, using the same methods, equipment

and ingredients. The commission shall require licensees to assign and record a unique, sequential

alphanumeric identifier to each production batch for the purposes of production tracking, product

labeling and product recalls. All production batches shall be traceable to one or more cannabis

cultivation batches.

     (38) "Social equity applicant" means an applicant that has been disproportionately

impacted by criminal enforcement of marijuana laws, including individuals convicted of nonviolent

marijuana offenses, immediate family members of individuals convicted of nonviolent marijuana

offenses and individuals who have resided in disproportionately impacted areas for at least five (5)

of the last ten (10) years, as determined by the commission after consultation with the cannabis

advisory board, and further specified in the rules and regulations that shall identify factors and other

considerations to be evaluated in certifying applicants as social equity applicants, provided that

such applicants shall at a minimum meet one of the following criteria:

     (i) An applicant with at least fifty-one percent (51%) ownership and control by one or more

individuals who have resided for at least five (5) of the preceding ten (10) years in a

disproportionately impacted area.

     (ii) An applicant with at least fifty-one percent (51%) ownership and control by one or

more individuals who:

     (A) Have been arrested for, convicted of, or adjudicated delinquent for any offense that is

eligible for expungement under this chapter; or

     (B) Is a member of an impacted family.

     (iii) For applicants with a minimum of ten (10) full-time employees, an applicant with at

least fifty-one percent (51%) of current employees who:

     (A) Currently reside in a disproportionately impacted area; or

     (B) Have been arrested for, convicted of, or adjudicated delinquent for any offense that is

eligible for expungement under this chapter or is a member of an impacted family.

     (iv) Can demonstrate significant past experience in or business practices that promote

economic empowerment in disproportionally impacted areas.

     (v) Had income which does not exceed four hundred percent (400%) of the median income,

as defined by the commission, in a disproportionally impacted area for at least five (5) of the past

ten (10) years.

     (39) ''Residual solvent'' means a volatile organic chemical used in the manufacture of a

cannabis product and that is not completely removed by practical manufacturing techniques.

     (40) ''Terpenoid'' means an isoprene that are the aromatic compounds found in cannabis,

including, but not limited to: limonene, myrcene, pinene, linalool, eucalyptol, Δ-terpinene, ß-

caryophyllene, caryophyllene oxide, nerolidol and phytol.

     (41) ''Unreasonable and impracticable'' means that the measures necessary to comply with

the rules and regulations adopted pursuant to this chapter subject licensees to unreasonable risk or

require such a high investment of money, time or any other resource or asset that a reasonably

prudent businessperson would not operate a cannabis establishment.

     (42) "Workers' cooperative" means an applicant organized and operated pursuant to the

provisions of chapter 6.2 of title 7.


 

 

 

582)

Section

Added Chapter Numbers:

 

21-28.11-4

31 and 32

 

 

21-28.11-4. Cannabis control commission.

     (a) Establishment of commission. There is hereby established an independent commission

known as the Rhode Island Cannabis Control Commission (commission). The purpose of the

commission is to oversee the regulation, licensing and control of adult use and medical cannabis

and upon transfer of powers pursuant to the provisions of § 21-28.11-10.1, to exercise primary

responsibility to oversee the regulation, licensing and control of all cannabis and marijuana use to

include medical marijuana.

     (b) Appointment of commissioners. The Rhode Island Cannabis Control Commission shall

consist of three (3) voting commissioners as follows:

     (1) The governor shall appoint, with the advice and consent of the senate, the three (3)

voting members of the commission. The speaker of the house shall, within thirty (30) days of the

effective date of this chapter, submit to the governor a list of three (3) individuals that the governor

shall give due consideration in appointing one individual from this list. The governor shall appoint

the other two (2) commissioners without regard to the list submitted by the speaker of the house.

The governor shall designate one of the members to serve as chairperson of the commission. Within

forty (40) days of the effective date of this chapter, the governor shall submit to the senate for

advice and consent the list of three (3) individuals for appointment to the commission along with

the governor's designation of chairperson.

     (2) Prior to appointment to the commission, a background investigation shall be conducted

into the financial stability, integrity and responsibility of each appointee, including the appointee's

reputation for good character, and honesty. No commissioner or commissioner's spouse, or child

shall have any interest whatsoever in any entity regulated by the commission.

     (c) Commissioner requirements. Each commissioner shall be a resident of the state within

ninety (90) days of appointment, and while serving on the commission, shall not:

     (1) Hold, or be a candidate for, federal, state or local elected office;

     (2) Hold an appointed office or other employment in a federal, state or local government;

or

     (3) Serve as an official in a political party.

     (d) Term Limits. Term limits on the initial commissioners shall be as follows: The

appointee chosen after consideration of the list provided to the governor by the speaker of the house

shall serve an initial term of three (3) years and shall be eligible for reappointment in accordance

with this section. Of the appointees chosen by the governor without regard to the list submitted by

the speaker of the house, one shall serve an initial term of two (2) years, and one shall serve an

initial term of one year and both shall be eligible for reappointment in accordance with this section.

     (1) Each initial commissioner is eligible for reappointment for one six (6) year term or until

a successor is appointed. Each subsequent commissioner shall serve for a term of six (6) years or

until a successor is appointed. Every person appointed or reappointed to fill a vacancy on the

cannabis control commission shall be appointed in the manner established pursuant to this section.

     (2) If a vacancy is created prior to the expiration of any commissioner's term, said vacancy

shall be filled in the manner established pursuant to this section. Any person appointed to fill said

vacancy shall complete the commissioner's unexpired term and shall then be eligible for

reappointment for one additional term pursuant to this section.

     (e) Compensation. The chairperson of the commission shall devote their full time attention

to the duties of the commission. Upon confirmation, the chairperson shall become a state employee

and shall receive a salary as determined by the governor subject to appropriation by the general

assembly. The remaining commissioners shall not be state employees but shall receive a monthly

stipend as determined by the governor, subject to appropriation by the general assembly, and shall

devote sufficient time and attention to the commission to adequately perform their duties.

     (f) Records. The commission shall keep a record of the proceedings of the commission and

the chair shall be the custodian and keeper of the records of all books, documents and papers filed

by the commission and of its minute book. The chair shall cause copies to be made of all minutes

and other records and documents of the commission and shall certify that such copies are true

copies and all persons dealing with the commission may rely upon such certification. These records

shall also be subject to the provisions of title 38, "public records." The chair shall have and exercise

supervision and control over all the affairs of the commission. The chair shall preside at all hearings

at which the chair is present and shall designate a commissioner to act as chair in the chair's absence.

To promote efficiency in administration, the chair shall make such division or re-division of the

work of the commission among the commissioners, as the chair deems expedient.

     (g) Conduct of hearings. The commissioners shall, if so directed by the chair, participate

in the hearing and decision of any matter before the commission.

     (1) For purposes of this section "formal matter", as so designated by the chair, shall include

all non-procedural matters to include, but not limited to, hearings subject to the provisions of

chapter 35 of title 42 (the "administrative procedures act") and all decisions relative to the awarding

of a license or to the denial or revocation of licenses. A majority of the commissioners is required

to hear and approve all formal matters.

     (2) For purposes of this section, "procedural matters", as so designated by the chair, include

scheduling, inclusion of agenda items, administrative compliance decisions, ministerial matters,

routine clerical functions, and any other act delegated by the commission to be performed by an

employee of the commission or the cannabis office. Any procedural or administrative matter may

be heard, examined and investigated by a single commissioner or an employee of the commission

or the cannabis office as designated and assigned by the chair, with the concurrence of one other

commissioner. If designated by the commission or the cannabis office, the designated employee

shall make a report in writing relative to the hearing, examination and investigation of every

procedural or administrative matter. For the purposes of hearing, examining and investigating any

procedural or administrative matter, the designated employee shall have all of the powers conferred

upon a commissioner by this section. Any procedural or administrative decision made by a single

commissioner or designated employee may be appealed within ten (10) days of issuance of the

decision for a hearing before the full commission.

     (h) Ethics. The provisions of chapter 14 of title 36, the state code of ethics, shall apply to

the commissioners and to employees operating under the jurisdiction of the commission to include,

but not limited to, personnel of the cannabis office; provided, however, that the commission may

promulgate an internal code of ethics for all members and employees that may be more restrictive

than the provisions of chapter 14 of title 36. A copy of any internal code of ethics adopted or as

amended shall be filed with the state ethics commission. The internal code may include provisions

reasonably necessary to carry out the purposes of this chapter.

     (i) Public body. The cannabis control commission shall be a public body for the purposes

of chapter 46 of title 42 (the "open meetings act").

     (j) Finance. The commission shall, for the purposes of compliance with state finance law,

and subject to appropriation by the general assembly, operate as an independent state agency and

shall be subject to the laws applicable to agencies under the control of the governor; provided,

however, that the chairperson may identify any additional instructions or actions necessary for the

department of administration to manage fiscal operations in the state accounting system and meet

statewide and other governmental accounting and audit standards. The commission shall properly

classify the commission's operating and capital expenditures, and shall not include any salaries of

employees in the commission's capital expenditures. Unless otherwise exempted by law, the

commission shall participate in any other available state administrative services including, but not

limited to, the state payroll system, the state retirement system, and state purchases.

     (k) Prohibition on discrimination. The commission and all personnel and employees

operating under the jurisdiction of the commission to include, but not limited to, personnel of the

cannabis office, shall not unlawfully discriminate by considering race, color, religion, sex, sexual

orientation, gender identity or expression, age, national origin, or disability in granting, denying,

or revoking a license, nor shall any person, corporation, or business firm which is licensed pursuant

to the provisions of this chapter unlawfully discriminate against or segregate any person based on

these grounds. All businesses licensed by the commission shall operate on a nondiscriminatory

basis, according to equal employment treatment and access to their services to all persons, unless

otherwise exempted by the laws of the state. Any licensee who fails to comply with this policy is

subject to any disciplinary action that is consistent with the legal authority and rules and regulations

of the commission. The commission shall cooperate with the state equal opportunity office to

prevent any person, corporation, or business firm from unlawfully discriminating because of race,

color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or

disability or from participating in any practice which may have a disparate effect on any protected

class within the population. The state equal opportunity office shall monitor the equal employment

opportunity activities and affirmative action plans of the commission.


 

 

 

 

 

583)

Section

Added Chapter Numbers:

 

21-28.11-5

31 and 32

 

 

21-28.11-5. Powers and duties of the commission.

     (a) Subject to the state code of ethics and any internal ethics code adopted by the

commission, the commission shall have all the powers necessary and reasonable to carry out and

effectuate its purposes, including, but not limited to, the power to:

     (1) Adopt, amend or repeal rules and regulations for the implementation, administration

and enforcement of this chapter;

     (2) Determine which applicants shall be awarded licenses;

     (3) Deny an application or limit, condition, restrict, revoke or suspend any license;

     (4) Determine and establish the process and methodology by which licenses shall be

awarded by the commission;

     (5) Require an applicant for licensure under this chapter to apply for such licensure and

approve or disapprove any such application or other transactions, events and processes as provided

in this chapter;

     (6) Establish a registration process;

     (7) Execute all instruments necessary and appropriate, in the commission's discretion, to

fulfill the purposes of this chapter;

     (8) Enter into agreements or other transactions with a person, including, but not limited to,

a public entity or other governmental instrumentality or authority in connection with its powers and

duties under this chapter;

     (9) Appear on its own behalf before boards, commissions, departments or other agencies

of municipal, state or federal government;

     (10) Apply for and accept subventions, grants, loans, advances and contributions of money,

property, labor or other things of value from any source, to be held, used and applied for its purposes

subject to appropriation by the general assembly;

     (11) Subject to appropriation by the general assembly, provide and pay for advisory

services and technical and other assistance including the hiring of appropriate support staff

personnel as may be necessary in its judgment to carry out the purpose and intent of this chapter,

and subject to applicable law, fix the compensation of persons providing such services or

assistance;

     (12) Prepare, publish and distribute, with or without charge as the commission may

determine, such studies, reports, bulletins and other materials as required by the provisions of this

chapter or other applicable law or as the commission considers appropriate;

     (13) Review data and market conditions on an annual basis to determine and recommend

the maximum number of licenses that shall be issued to meet the production demands to implement

the provisions of this chapter subject to enactment by the general assembly;

     (14) Conduct and administer procedures and hearings in compliance with chapter 35 of

title 42 (the "administrative procedures act") for adoption of rules or regulations, issuance, denial

or revocation of licenses or permits; or for violation of the provisions of this chapter or the rules

and regulations adopted pursuant to the provisions of this chapter;

     (15) Gather facts and information and take action applicable to the commission's

obligations pursuant to this chapter relating to:

     (i) Any violation of this chapter or any rule or regulation adopted by the commission; and

     (ii) Any willful violation of an order of the commission directed to a licensee or a person

required to be registered;

     (iii) The conviction of a criminal offense, for the purpose of determining whether said

conviction substantially relates to the occupation or activity to which the license or registration

applies;

     (iv) Any other action or conduct which would disqualify a licensee from holding a license

pursuant to the provisions of this chapter;

     (16) In connection matters having to do with the discharge of the duties of the commission

pursuant to this chapter, the chairperson of the commission, in cases pending before the

commission, is hereby authorized and empowered to summon witnesses to attend and testify in a

like manner as in either the supreme or superior courts. The commission is authorized to compel

the production of all papers, books, documents, records, certificates, or other legal evidence that

may be necessary for the determination and the decision of any question or the discharge of any

duty required by law of the commission, by issuing a subpoena duces tecum signed by the

chairperson. Any person who shall willfully swear falsely in any proceedings, matter, or hearing

before the commission shall be subject to the law pertaining to the crime of perjury. Any person

who disobeys may be referred by the chairperson of the commission to the presiding justice of the

superior court for assignment of a hearing on civil contempt citation and/or to the attorney general

for criminal contempt prosecution

     (17) Conduct investigations into the qualifications of all applicants for employment by the

commission, the cannabis office and all applicants for licensure pursuant to the provisions of this

chapter;

     (18) Receive from the state police, the department of attorney general or other criminal

justice agencies, including, but not limited to, the Federal Bureau of Investigation and the Internal

Revenue Service, such criminal record information relating to criminal and background

investigations as necessary for the purpose of evaluating licensees, applicants for licenses, lab

agents, and any other employee or agent of a cannabis establishment, as determined by the

commission or otherwise required by law;

     (19) Be present, through its designated inspectors and agents, at any reasonable time, in

cannabis establishments for the purposes of exercising its powers and duties;

     (20) Inspect cannabis establishments and have access to all equipment and supplies in a

cannabis establishment for the purpose of ensuring and enforcing compliance with this chapter,

chapter 28.6 of title 21, and all rules and regulations promulgated pursuant to this chapter and

chapter 28.6 of title 21;

     (21) In accordance with all applicable law, coordinate with the state police to seize,

impound and remove from the premises of a cannabis establishment any cannabis, equipment,

supplies, documents and records obtained or possessed in violation of this chapter, chapter 28.6 of

title 21, or the rules and regulations of the commission;

     (22) Require that the books and financial or other records or statements of a licensee be

kept in a manner that the commission deems proper;

     (23) For cause, demand access to and inspect all papers, books and records of close

associates of a licensee whom the commission reasonably suspects is involved in the financing,

operation or management of the licensee; provided, however, that the inspection, examination,

photocopying and audit may take place on the affiliate's premises or elsewhere as practicable and

in the presence of the affiliate or its agent;

     (24) Impose and collect fees, sanctions and administrative penalties, as authorized by this

chapter and established by regulation, and for a violation of any rule or regulation promulgated by

the commission except as of December 1, 2022, no fee shall be authorized or imposed for registry

identification cards or for plant tags;

     (25) Establish adjudicatory procedures and conduct adjudicatory proceedings pursuant to

the provisions of chapter 35 of title 42 (the "administrative procedures act");

     (26) Refer cases for criminal prosecution to the appropriate federal, state or local

authorities;

     (27) Maintain an official Internet website for the commission that, in the discretion of the

commission, may be in coordination with the cannabis office;

     (28) Submit any matter to the advisory board for study, review or recommendation;

     (29) Request and/or approve or disapprove recommendations by the cannabis advisory

board made pursuant to § 21-28.11-6 to include, but not be limited to, distribution of funds from

the social equity assistance fund established pursuant to § 21-28.11-31;

     (30) Monitor any federal activity regarding cannabis;

     (31) Delegate any administrative, procedural or operational matter to the cannabis office;

     (32) Issue temporary emergency orders, directives or instructions, with or without prior

notice or hearing, in an instance in which the public health or safety is in substantial or imminent

danger as it relates to the activities, conduct or practices of a licensee or as a result of a defective

or dangerous product offered for sale by a licensee. If a temporary emergency order, directive or

instruction without notice or a hearing is issued by the commission then the order, directive or

instruction shall expire after ten (10) days unless a hearing is noticed by the commission within the

ten (10) day period, and the hearing is scheduled to be conducted within twenty (20) days of the

issuance of the order, directive or instruction;

     (33) Amend forms, procedures and requirements adopted by the office of cannabis

regulation pursuant to § 21-28.11-10.1 related to the temporary regulation of cultivation,

manufacture and sale of cannabis for adult use by hybrid cannabis retailers during the transitional

period established by § 21-28.11-10.1; and

     (34) Provide recommendations to the general assembly regarding any advisable or

proposed amendments to chapter 26 of title 2 relative to the regulation of industrial hemp and the

use of hemp as a commercial product.

     (b) The commission shall, pursuant to subsection (a) of this section, adopt rules and

regulations consistent with this chapter for the administration, clarification and enforcement of

provisions regulating and licensing cannabis establishments and the sale, possession and use of

cannabis. The rules and regulations shall include, but not be limited to:

     (1) Methods and forms of application which an applicant for a license shall follow and

complete before consideration by the commission;

     (2) Requirements for the information to be furnished by an applicant or licensee;

     (3) Criteria for evaluation of the application for a license;

     (4) Qualifications for licensure and minimum standards for employment that are directly

and demonstrably related to the operation of a cannabis establishment and similar to qualifications

for licensure and employment standards in connection with the manufacture, distribution or sale of

alcoholic beverages as regulated under title 3 of the general laws; provided, that a criminal

conviction relating solely to the possession of marijuana or cannabis shall not automatically

disqualify an individual from eligibility for employment or licensure in connection with a cannabis

establishment pursuant to § 21-28.11-12.1;

     (5) In consultation with the cannabis advisory board, identification of factors to be

evaluated in the approval and certification of social equity applicants and establishment of

procedures and policies to promote and encourage full participation in the regulated cannabis

industry by people from communities that have previously been disproportionately harmed by

cannabis prohibition and enforcement;

     (6) In accordance with all applicable law, standards for the payment or reporting of

licensure fees and taxes;

     (7) Requirements for the information to be furnished by a licensee to the licensee's

employees;

     (8) Requirements for fingerprinting or other method of identification of an applicant for a

license or a licensee and the employees of licensees;

     (9) Procedures and grounds for the revocation or suspension of a license or registration;

     (10) Minimum uniform standards of accounting procedures;

     (11) Requirements for record keeping by cannabis establishments and procedures to track

cannabis cultivated, processed, manufactured, delivered or sold by cannabis establishments;

     (12) Minimum standards for the requirement that all licensees possess and operate an

interoperable publicly available application programming interface seed-to-sale tracking system

sufficient to ensure the appropriate track and trace of all cannabis cultivated, processed or

manufactured pursuant to this chapter;

     (13) Standards and procedures to leverage seed-to-sale tracking technology which may

allow for the appropriate transfer or acquisition of cannabis seeds, clones, cuttings, plants or plant

tissue between medical and nonmedical establishments;

     (14) Registration requirements for employees of cannabis establishments including

ensuring that employees be properly trained in the performance of their duties as necessary;

     (15) Minimum security requirements for licensees sufficient to deter and prevent theft and

unauthorized entrance into areas containing cannabis, which may include ,but not be limited to, the

use of security personnel, security cameras, or alarms;

     (16) Minimum standards for liability insurance coverage;

     (17) Requirements and procedures, utilizing best practices, to prevent the sale, delivery or

transfer of cannabis to persons under twenty-one (21) years of age, or the purchase of cannabis on

behalf of a person under twenty-one (21) years of age to include, but not limited to, the

establishment of age verification procedures;

     (18) Health and safety standards, established in consultation with the department of health,

for the cultivation, processing, manufacturing and distribution of cannabis, including standards

regarding sanitation for the preparation, storage, handling and sale of food products, including

compliance with state sanitation requirements, and health inspections; provided, however, that the

authority to promulgate regulations pertaining to the use of pesticides shall remain with the

department of environmental management pursuant to the provisions of chapter 25 of title 23;

     (19) Requirements for the packaging and labeling of cannabis and cannabis products that

shall, at a minimum:

     (i) Require the most current consumer product safety commission standards, set forth in 16

C.F.R. 1700 et seq.; and

     (ii) Protect children from accidently ingesting cannabis or cannabis products, including by

making packaging certified child-resistant and resealable;

     (20) Requirements and restrictions for advertising, marketing and branding of cannabis and

cannabis products;

     (21) Requirements for the safe disposal of excess, contaminated, adulterated or deteriorated

cannabis, which shall consider policies which promote the reasonable remediation and/or recycling

of such waste, including, but not limited to, recycled industrial products;

     (22) Procedures and requirements to enable the transfer of a license for a cannabis

establishment to another qualified person or to another suitable location in compliance with the

provisions of § 21-28.11-10.2 following notification and approval by the commission; provided

however, that a license issued to a social equity applicant shall only be transferred to another

qualified social equity applicant, and a license issued to a workers' cooperative applicant shall only

be transferred to another qualified workers' cooperative applicant;

     (23) Requirements to establish a process allowing the commission to order a prohibition

on the sale of a cannabis product found especially appealing to persons under twenty-one (21) years

of age including a means for allowing a cannabis product manufacturer to voluntarily submit a

product, its packaging and intended marketing to the commission for preliminary determination

whether the product is especially appealing to persons under twenty-one (21) years of age;

     (24) Requirements that may prohibit cannabis product manufacturers from altering or

utilizing commercially-manufactured food products when manufacturing cannabis products unless

the food product was commercially manufactured specifically for use by the cannabis product

manufacturer to infuse with cannabis;

     (25) Energy and environmental standards for licensure and licensure renewal of cannabis

establishments licensed as a cannabis cultivator or cannabis product manufacturer;

     (26) If determined necessary to protect or promote public health and safety, the commission

may establish reasonable limits for cannabis product potency and/or dosing; provided that, in the

interest of maintaining a stable cannabis market, before imposing such limits, the commission shall

give due consideration to the limits on potency and/or dosing imposed by neighboring states;

     (27) The testing and safety of cannabis and cannabis products, including but not limited to,

regulations promulgated by the commission in consultation with the department of health, as

applicable which:

     (i) License and regulate the operation of cannabis laboratory testing facilities, including

requirements for equipment, training, and qualifications for personnel;

     (ii) Set forth procedures that require random sample testing to ensure quality control,

including, but not limited to, ensuring that cannabis and cannabis products are accurately labeled

for tetrahydrocannabinol (THC) content and any other product profile;

     (iii) Establish testing for residual solvents or toxins; harmful chemicals; dangerous molds

or mildew; filth; and harmful microbials such as E. coli or salmonella and pesticides, and any other

compounds, elements, or contaminants;

     (iv) Require that all cannabis and cannabis products must undergo random sample testing

at a licensed cannabis testing facility or other laboratory equipped to test cannabis and cannabis

products that have been approved by the commission;

     (v) Require any products which fail testing be quarantined and/or recalled and destroyed

in accordance with regulations;

     (vi) Allow for the establishment of other quality assurance mechanisms which may include

but not be limited to, the designation or creation of a reference laboratory, creation of a secret

shopper program, round robin testing , or any other mechanism to ensure the accuracy of product

testing and labeling;

     (vii) Require cannabis establishment licensees and cannabis products to comply with any

applicable food safety requirements determined by the commission and/or the department of health;

     (viii) Include any additional requirements deemed necessary by the commission as

determined in consultation with the department of health; and

     (ix) Allow the commission, in coordination with the department of health, at their

discretion, to temporarily remove, or phase in, any requirement for laboratory testing if it finds that

there is not sufficient laboratory capacity for the market;

     (28) Standards and restrictions for cannabis manufacturing and processing which shall

include, but not be limited to, requirements that cannabis processors;

     (i) Comply with all applicable building and fire codes;

     (ii) Receive approval from the state fire marshal’s office for all forms of manufacturing

that use a heat source or flammable solvent;

     (iii) Require any cannabis processor that manufactures edibles of cannabis infused food

products to comply with all applicable requirements and regulations and obtain a food business

license as defined by § 21-27-1 issued by the department of health’s office of food safety; and

     (iv) Comply with any other requirements deemed suitable by the commission;

     (29) Standards for manufacturing or extracting cannabinoid oils or butane hash oil;

     (30) General operating requirements, minimum oversight, and any other activities,

functions, or aspects of a cannabis establishment licensee in furtherance of creating a stable,

regulated cannabis industry and mitigating its impact on public health and safety;

     (31) Rules and regulations based on federal law, provided such rules and regulations are

designed to comply with federal guidance and mitigate federal enforcement against the cannabis

establishments and adult use establishments authorized, licensed and operated pursuant to this

chapter;

     (32) Coordinate and implement the transition and transfer of regulatory authority of

medical marijuana from the department of business regulation to the commission; and

     (33) Requirements that, after March 1, 2023, according to a timeline determined by the

commission, patients with out-of-state medical marijuana cards must also possess and produce a

valid government issued identification demonstrating residency in the same state jurisdiction that

issued the medical marijuana card.

     (c) Regulations made pursuant to this section shall not:

     (1) Except to protect public health and safety, prohibit the operation of a cannabis

establishment either expressly or through regulations that make operation of a cannabis

establishment unreasonable and impracticable;

     (2) Require an adult retail purchaser to provide a cannabis retailer with identifying

information other than proper identification to determine the customer's age, and shall not require

the cannabis retailer to acquire or record personal information about customers other than

information typically required in a retail transaction;

     (3) Except as provided pursuant to chapter 28.6 of title 21, authorize a cannabis retailer,

medical marijuana treatment center or a hybrid cannabis retailer to operate at a shared location with

a cultivator;

     (4) Authorize a cannabis establishment to transfer or acquire cannabis seeds, clones,

cuttings, plants or plant tissue to or from another cannabis establishment unless notice of the

transfer or acquisition is provided to the commission; or

     (5) Prohibit cannabis establishments from using inorganic cultivation methods.

     (d) Reports. In furtherance of the intent of this chapter:

     (1) The commission shall annually submit a complete and detailed report of the

commission's activities, including a review of the implementation and enforcement of this chapter

and the governance structure established in this chapter, not more than ninety (90) days after the

end of the fiscal year to the governor, the attorney general, the treasurer, the speaker of the house,

and the president of the senate.

     (2) The commission shall annually review the tax rates established by this chapter and may

make recommendations to the general assembly, as appropriate, regarding any changes to the tax

rates that further the intent of this chapter.

     (3) Each fiscal year the commission shall submit an annual finance plan to the governor,

the speaker of the house and the president of the senate, and updates to such plan.

     (4) The commission may study cannabis commerce and make recommendations to the

general assembly regarding changes to existing law that further the intent of this chapter by

reporting those recommendations to the governor, the speaker of the house, and the president of

the senate.

     (5) The commission may conduct an analysis and report to the general assembly if it finds

that conditions are appropriate for the issuance of additional types or classes of licenses to operate

cannabis-related businesses, including, but not limited to:

     (i) Licenses that authorize limited or restricted cultivation, processing, manufacture,

possession or storage of cannabis or cannabis products, limited delivery of cannabis or cannabis

products to consumers;

     (ii) Licenses that authorize the consumption of cannabis or cannabis products on the

premises where sold;

     (iii) Licenses that authorize the consumption of cannabis at special events in limited areas

and for a limited time; and

     (iv) Licenses intended to facilitate scientific research or education.

     (e) The commission shall administer and enforce the provisions of this chapter and the rules

and regulations relating to licensing in this chapter and in its discretion and where appropriate may

delegate and authorize various administration and enforcement powers and duties to the cannabis

office.

     (f) The commission may investigate, in conjunction with the department of health, the

effects of cannabis and cannabis products with a high potency of tetrahydrocannabinol on human

health and consider restrictions on the potency of tetrahydrocannabinol in cannabis and cannabis

products that are necessary for protection of public health or safety in accordance with the

provisions of § 21-28.11-5(b)(26).

     (g) The commission shall be subject to all the provisions of chapter 35 of title 42.

     (h) The commission shall cause to be deposited all fees and monetary penalties collected

pursuant to this chapter in the social equity assistance fund established pursuant to § 21-28.11-31,

excluding medical compassion center license fees pursuant to § 21-28.6-12, tax penalties and any

funds designated to be deposited in the marijuana trust fund pursuant to § 21-28.11-13(d).

     (i) The commission shall work collaboratively with other state agencies and departments

to ensure that the production and distribution of cannabis is effectively regulated in the state in

furtherance of this chapter.


 

 

 

 

584)

Section

Added Chapter Numbers:

 

21-28.11-6

31 and 32

 

 

21-28.11-6. Cannabis advisory board.

     (a) There is hereby established a cannabis advisory board, which is directed to work in

collaboration with the commission and the administrator of the cannabis office to advise and issue

recommendations on the use, commerce, regulation and effects of adult-use and medical cannabis

within the state. The advisory board shall additionally provide recommendations to the commission

regarding the administration and distribution of the social equity assistance fund established

pursuant to § 21-28.11-31.

     (b) Membership. The advisory board shall consist of eleven (11) voting members, and eight

(8) non-voting members.

     (1) The board shall consist of the following non-voting members: the secretary of

commerce or designee, the director of the department of labor and training or designee, the director

of the department of health or designee, the commissioner of education or designee, the

superintendent of public safety or designee, the director of the department of business regulation

or designee, the secretary of the Executive Office of Health and Human Services (EOHHS) or

designee, and a representative from the University of Rhode Island College of Pharmacy selected

by the commission.

     (2) The board shall consist of the following voting members: a social equity officer, who

shall be appointed by the governor and serve as chair of the advisory board; two (2) additional

members to be appointed by the governor, one of whom shall represent the cannabis laboratory

testing industry, and one of whom shall be appointed in accordance with subsection (e) of this

section; four (4) members to be appointed by the speaker of the house, one of whom shall represent

the cannabis cultivation industry, and three (3) of whom to be appointed in accordance with

subsection (e) of this section; and four (4) members to be appointed by the president of the senate,

one of whom shall represent the cannabis retail industry, and three (3) of whom to be appointed in

accordance with subsection (e) of this section.

     (c) Term of voting members. The voting members shall be appointed to serve three (3) year

terms or until a successor is appointed. In the event of vacancy, the vacancy shall be filled in the

manner of the original appointment for the remainder of the term.

     (d) Compensation. The appointed members and representatives shall receive no

compensation for their services.

     (e) Representation. The members of the advisory board appointed by the governor, the

speaker of the house and the president of the senate pursuant to the provisions of the chapter shall

to the extent possible be individuals with expertise in the following areas: public and behavioral

health, substance use disorder treatment, effective rehabilitative treatment for adults and juveniles,

homelessness and housing, economic development, criminal justice, law enforcement and drug

policy. Further, the advisory board shall include representation from communities most impacted

by cannabis prohibition, such as individuals with prior drug convictions, the formerly incarcerated,

and representatives of organizations servicing communities impacted by past federal and state drug

policies.

     (f) Quorum. To take action at a meeting, a majority of voting members of the board must

be present and voting to constitute a quorum.

     (g) Role and responsibilities. The advisory board shall:

     (1) Consider all matters submitted to the board by the cannabis control commission;

     (2) Advise and make recommendations to the commission on the preparation and

promulgation of guidelines, rules and regulations and any changes to guidelines, rules and

regulations that the advisory board deems fundamental or necessary for the commission's review

and consideration;

     (3) Provide analysis and recommendations to the commission relating to the administration

and distribution of the social equity assistance fund established pursuant to § 21-28.11-31;

     (4) Conduct all meetings in compliance with chapter 46 of title 42 (the "open meetings

act"); and

     (5) Report the findings, analysis, recommendations and conclusions adopted and approved

by the board to the commission within thirty (30) days of adoption and approval.

     (h) Subcommittees. The chair may appoint subcommittees in order to develop and report

recommendations and to expedite the work of the board; provided, however, that the chair shall

appoint:

     (1) A subcommittee on public health to develop recommendations on: products, labelling,

marketing, advertising, related public health issues; potency, which may include a recommended

maximum limit for individual servings of cannabis products; and packaging, which may include

the development and implementation of a public health warning to appear on cannabis products;

     (2) A subcommittee on public safety and community mitigation to develop

recommendations on law enforcement, property, business, consumer, and any other issues that may

have an affect on the locality of the cannabis establishment and the surrounding environment;

     (3) A subcommittee on the cannabis industry to develop recommendations on cultivation,

processing, manufacturing, transportation, distribution, seed-to-sale tracking systems and market

stability;

     (4) A subcommittee on market participation to develop recommendations on minority and

veteran-owned businesses, local agriculture and growing cooperatives; and

     (5) A subcommittee on social equity to develop recommendations on remedying the harm

to individuals directly and adversely impacted by the past enforcement of cannabis-related laws.


 

 

 

585)

Section

Added Chapter Numbers:

 

21-28.11-7

31 and 32

 

 

21-28.11-7. Licensed cannabis cultivators.

     (a) Except as provided pursuant to the provisions of subsection (b) of this section or § 21-

28.11-8, there shall be a moratorium on the issuance of new cannabis cultivator licenses until the

date that is two (2) years following the final issuance of the commission's rules and regulations

pursuant to the provisions of this chapter. This moratorium shall not apply to cannabis cultivators

licensed pursuant to chapter 28.6 of title 21 on or before enactment of this chapter.

     (b) On August 1, 2022 and thereafter, any medical marijuana cultivator licensed or

approved pursuant to the provisions of § 21-28.6-16, upon payment of an additional license fee,

shall be permitted to cultivate, manufacture and process cannabis as a hybrid cannabis cultivator

for both adult use and medical use. The amount of the additional license fee shall be determined by

the office of cannabis regulation during the transitional period established by § 21-28.11-10 and

shall be subject to review by the commission pursuant to the final rules and regulations. The fee

shall be deposited in the social equity fund established in § 21-28.11-31. Sale of the cultivated

cannabis shall be made directly to a licensee pursuant to the provisions of this chapter and chapter

28.6 of title 21, subject to the following conditions:

     (1) The cultivator must be in good standing and maintain the cultivator license pursuant to

the provisions of chapter 28.6 of title 21; and

     (2) The cultivator must make good faith efforts to ensure the adult use cannabis production

portion of the cultivation operation has no significant adverse effect on the medical marijuana

program and patient needs.

     (c) During the moratorium pursuant to this section, the commission, with the assistance of

the advisory board, as required, shall submit a report to the general assembly which evaluates the

cultivation of adult use and medical cannabis. The report shall consider factors, including, but not

limited to:

     (1) Cultivation and production history;

     (2) Tax payment history;

     (3) Existing inventory and inventory history;

     (4) Sales contracts;

     (5) Current and future projected market conditions; and

     (6) Any other factors relevant to ensuring responsible cultivation, production, and

inventory management for both medical and adult use cannabis.

     (d) Upon expiration of the moratorium pursuant to this section, the commission may adopt

rules and regulations authorizing issuance of additional cultivator licenses; provided, however, a

new cultivator licensee's canopy shall not exceed ten thousand square feet (10,000 ft2). In

determining whether to issue additional cultivator licenses, the cannabis control commission shall

consider the findings of the report submitted pursuant to subsection (c) of this section.

     (e) For the purposes of this section, "canopy" means the total surface area within a

cultivation area that is dedicated to the cultivation of mature cannabis plants. The surface area of

the canopy must be calculated in square feet and measured using the outside boundaries of the area

and must include all of the area within the boundaries. If the surface area of the canopy consists of

noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered

or shelving system is used in the cultivation area, the surface area of each tier or shelf must be

included in calculating the area of the canopy. The canopy does not include the areas within the

cultivation area that are used to cultivate immature cannabis plants and seedlings and that are not

used at any time to cultivate mature cannabis plants.

     (f) To qualify for issuance of any cannabis cultivator license under subsection (d) of this

section, an applicant shall satisfy all requirements and qualifications established by the commission

to include but not limited to, the following:

     (1) Apply for a license in a manner prescribed by the commission;

     (2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident

of the state;

     (3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any

terms established by the commission;

     (4) Provide proof that the applicant is current with and in compliance with all obligations

required by the division of taxation, including filings and payment of taxes;

     (5) Has provided a nonrefundable application fee as determined by the commission; and

     (6) Shall consent and be subject to inspections by the commission for the purposes of

ensuring and enforcing compliance with this chapter and all rules and regulations promulgated

pursuant to this chapter; and

     (7) Prior to the issuance of any license and for any period of renewal, the applicant shall

submit an annual license fee pursuant to subsection (b) of this section to be deposited in the social

equity fund established in § 21-28.11-31.

     (g) The commission may determine and adjust the application fee or annual license fee

pursuant to the commission's rulemaking authority and in accordance with the provisions of chapter

35 of title 42.

     (h) Every individual cannabis plant possessed by a licensed cannabis cultivator shall be

catalogued in a seed-to-sale inventory tracking system. The commission shall review the current

seed-to-sale tracking system utilized pursuant to chapter 28.6 of title 21 and promulgate new or

additional regulations, as it deems appropriate. As of December 1, 2022, any cannabis tags issued

to provide seed-to-sale inventory and tracking, shall be issued without charge to patient cardholders

and/or primary caregivers authorized to grow medical cannabis.

     (i) Notwithstanding any other provisions of the general laws, the manufacture of cannabis

using a solvent extraction process that includes the use of a compressed, flammable gas as a solvent

by a licensed cannabis cultivator shall not be subject to the protections of this chapter.

     (j) Cannabis cultivators shall sell cannabis only to an entity licensed pursuant to the

provisions of this chapter or chapter 28.6 of title 21.

     (k) Cannabis cultivators shall be licensed to grow cannabis only at a location or locations

registered with and approved by the cannabis commission. The commission may promulgate

regulations governing locations where cultivators are authorized to grow. Cannabis cultivators shall

abide by all local ordinances, including zoning ordinances.

     (l) As a condition of licensing, cannabis cultivators shall consent and be subject to

inspection by the commission for the purposes of ensuring and enforcing compliance with this

chapter and chapter 28.6 of title 21, all rules and regulations promulgated pursuant to this chapter,

and the provisions of § 28-5.1-14.

     (m) Persons issued cultivator licenses shall be subject to the following:

     (1) A licensed cannabis cultivator shall notify and request approval from the commission

of any change in his or her name or address within ten (10) days of the change. A licensed cannabis

cultivator who fails to notify the commission of any of these changes commits shall be subject to

an administrative fine of no more than one hundred fifty dollars ($150), or other penalty as

determined by the commission.

     (2) When a licensed cannabis cultivator notifies the commission of any changes listed in

this subsection, the commission shall issue the licensed cannabis cultivator a new license

identification document after the commission approves the changes and receives from the licensee

payment of a fee specified in regulations.

     (3) If a licensed cannabis cultivator loses his or her license or certification document, he or

she shall notify the commission and submit a fee specified in regulation within ten (10) days of

losing the document. The commission shall issue a new license document with a new random

identification number, upon receipt of payment of a fee promulgated in the rules and regulations

not to exceed the amount of one hundred dollars ($100).

     (4) A licensed cannabis cultivator has a continuing duty to notify the commission of any

criminal conviction(s) that occurs after the issuance of a license or registration. A criminal

conviction may not automatically result in suspension or revocation of a license, but shall be subject

to § 21-28.11-12.1. The commission may suspend and/or revoke his or her license after the

notification, pending a final determination of disqualification pursuant to § 21-28.11-12.1.

     (5) If a licensed cannabis cultivator violates any provision of this chapter or regulations

promulgated hereunder as determined by the commission, his or her issued license may be

suspended and/or revoked.

     (n) Immunity.

     (1) No licensed cannabis cultivator shall be subject to: arrest; prosecution; search or

seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and subsection (f)(6) of

this section; or penalty in any manner, or denied any right or privilege, including, but not limited

to, civil penalty or disciplinary action by a business, occupational, or professional licensing board

or entity, solely for acting in accordance with this chapter, chapter 28.6 of title 21 and rules and

regulations promulgated by the commission.

     (2) No principal officers, board members, agents, volunteers, or employees of a licensed

cannabis cultivator shall be subject to arrest; prosecution; search or seizure, except as authorized

pursuant to §§ 21-28.11-20 and 21-28.11-27 and subsection (f)(6) of this section; or penalty in any

manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary

action by a business, occupational, or professional licensing board or entity, solely for working for

or with a licensed cannabis cultivator to engage in acts permitted by this chapter, chapter 28.6 of

title 21 and rules and regulations promulgated by the commission.

     (3) No state employee or commission member shall be subject to arrest; prosecution; search

or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27; or penalty in any

manner, or denied any right or privilege, including, but not limited to, civil penalty, disciplinary

action, termination, or loss of employee or pension benefits, for any and all conduct that occurs

within the scope of his or her employment regarding the administration, execution, and/or

enforcement of this chapter, chapter 28.6 of title 21 and rules and regulations promulgated by the

commission, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section.

     (o) Nothing in this section shall be construed as authorizing a cannabis cultivator to transfer

or sell cannabis directly to a consumer. A direct sale or transfer from a cannabis cultivator to a

consumer is prohibited and shall be grounds for revocation of license and criminal prosecution.

     (p) A cannabis cultivator and all agents and employees of the cannabis cultivator shall

comply with all rules adopted by the commission and other applicable laws.

     (q) No cannabis or cannabis product shall be sold or otherwise marketed pursuant to this

chapter that has not first been tested by a cannabis testing laboratory and determined to meet the

commission's testing protocols issued pursuant to § 21-28.11-11. Cannabis cultivators shall be

subject to any regulations promulgated by the commission that specify how marijuana shall be

tested, including, but not limited to, potency, cannabinoid profile and contaminants. Cannabis

cultivators shall be subject to any product labeling requirements promulgated by the commission

or otherwise required by law.

     (r) License required. No person or entity shall engage in activities described in this section

without a cultivator license issued pursuant to this chapter.


 

 

 

586)

Section

Added Chapter Numbers:

 

21-28.11-8

31 and 32

 

 

21-28.11-8. Moratorium report.

     (a) If the commission determines that the moratorium on issuing cultivator licenses is

preventing an adequate supply of cannabis to fulfill the market demand pursuant to chapters 28.6

and 28.11 of title 21, then the commission shall report the basis of the determination to the speaker

of the house, the president of the senate and the governor.

     (b) No later than May 1, 2024, the commission shall conduct and deliver to the governor,

the speaker of the house and the president of the senate, a study relating to the impact of the

moratorium imposed pursuant to § 21-28.11-7 on the availability of cannabis for medical marijuana

and adult use sales, and the projected need for the issuance of additional cultivator licenses to satisfy

projected market needs.


 

 

 

 

587)

Section

Added Chapter Numbers:

 

21-28.11-9

31 and 32

 

 

21-28.11-9. Cannabis product manufacturer or wholesaler.

     (a) A cannabis product manufacturer or processor or wholesaler that does not hold a

cannabis cultivator's license shall have a cannabis product manufacturer's license issued by the

commission. A cannabis product manufacturer licensee may purchase cannabis from cultivators for

processing and shall only transfer or sell cannabis products to other entities licensed pursuant to

this chapter or chapter 28.6 of title 21. A cannabis product manufacturer's licensee or processor or

wholesaler shall report to the commission, pursuant to regulations, the purchase or acquisition and

the sale or transfer of all cannabis and cannabis products.

     (b) To qualify and hold a cannabis product manufacturer's license under this section the

applicant shall satisfy all qualifications established by the commission to include, but not be limited

to the following:

     (1) Apply for a license in a manner prescribed by the commission;

     (2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident

of the state;

     (3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any

terms established by the commission;

     (4) Provide proof that the applicant is current and in compliance with all obligations for

filings and payments for taxes with the division of taxation;

     (5) Has provided a nonrefundable application fee as determined by the commission and

promulgated by rules and regulations; and

     (6) Prior to issuance of any license and for any period of renewal, the applicant shall submit

an annual license fee as determined by the commission and promulgated by rules and regulations

to be deposited in the social equity fund established in § 21-28.1--31.

     (c) A cannabis product manufacturer or processor or wholesaler and all agents and

employees shall comply with all rules adopted by the commission and all applicable laws.

     (d) The commission may adjust the application fee or annual license fee pursuant to the

commission's rulemaking authority and in accordance with the provisions of chapter 35 of title 42.

     (e) As a condition of licensing, cannabis product manufacturers or processors or

wholesalers shall consent and be subject to inspections by the commission for the purposes of

ensuring and enforcing compliance with this chapter and all rules and regulations promulgated

pursuant to this chapter, and pursuant to the provisions of § 21-28.11-20.

     (f) Nothing in this section shall be construed as authorizing a cannabis product

manufacturer or processor or wholesaler to transfer or sell cannabis to a consumer. A direct sale or

transfer from a cannabis product manufacturer licensee to a consumer is prohibited.

     (g) No cannabis or cannabis product shall be sold or otherwise marketed pursuant to this

chapter that has not first been tested by a cannabis testing laboratory and determined to meet the

commission's testing protocols issued pursuant to § 21-28.11-11.

     (h) Persons issued cannabis product manufacturer's licenses shall be subject to the

following:

     (1) A licensed cannabis product manufacturer shall notify and request approval from the

commission of any change in his or her name or address within ten (10) days of the change. A

licensed cannabis product manufacturer who fails to notify the commission of any of these changes

shall be subject to an administrative fine of no more than one hundred fifty dollars ($150) or other

penalty as determined by the commission.

     (2) When a licensed cannabis product manufacturer notifies the commission of any changes

listed in this subsection, the commission shall issue the licensed cannabis product manufacturer a

new registry identification document after the department approves the changes and receives from

the licensee payment of a fee specified in regulation.

     (3) If a licensed cannabis product manufacturer loses his or her document, he or she shall

notify the commission and submit a fee specified in regulation not to exceed one hundred dollars

($100), within ten (10) days of losing the document. The commission shall issue a new license with

a new random identification number.

     (4) A licensed cannabis product manufacturer has a continuing duty to notify the

commission of any criminal conviction(s) that occurs after the issuance of a license or registration.

A criminal conviction relating solely to a cannabis offense shall not automatically result in

suspension or revocation of a license, but shall be subject to § 21-28.11-12.1.

     (5) If a licensed cannabis product manufacturer violates any provision of this chapter or

regulations promulgated hereunder as determined by the commission, his or her issued license may

be suspended and/or revoked in addition to any other enforcement action.

     (i) Immunity.

     (1) No licensed cannabis product manufacturer or wholesaler shall be subject to: arrest;

prosecution; search or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27

and by subsection (e) of this section; or penalty in any manner, or denied any right or privilege,

including, but not limited to, civil penalty or disciplinary action by a business, occupational, or

professional licensing board or entity, solely for acting in accordance with this chapter, chapter

28.6 of title 21 and rules and regulations promulgated by the commission.

     (2) No principal officers, board members, agents, volunteers, or employees of a licensed

cannabis product manufacturer or wholesaler shall be subject to arrest; prosecution; search or

seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (e) of

this section; or penalty in any manner, or denied any right or privilege, including, but not limited

to, civil penalty or disciplinary action by a business, occupational, or professional licensing board

or entity, solely for working for or with a licensed cannabis product manufacturer or wholesaler to

engage in acts permitted by this chapter, chapter 28.6 of title 21 or rules and regulations

promulgated by the commission.

     (3) No state employee or commission member shall be subject to arrest; prosecution; search

or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (e)

of this section; or penalty in any manner, or denied any right or privilege, including, but not limited

to, civil penalty, disciplinary action, termination, or loss of employee or pension benefits, for any

and all conduct that occurs within the scope of his or her employment regarding the administration,

execution, and/or enforcement of this chapter, chapter 28.6 of title 21 and rules and regulations

promulgated by the commission, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to

this section.


 

 

 

588)

Section

Added Chapter Numbers:

 

21-28.11-10

31 and 32

 

 

21-28.11-10. Hybrid cannabis retailers.

     (a) On or after December 1, 2022, a compassion center licensed pursuant to the provisions

of chapter 28.6 of title 21, upon payment to the office of cannabis regulation of an hybrid cannabis

retailer fee of one hundred twenty-five thousand dollars ($125,000) to be deposited in the social

equity fund, is permitted to sell adult use cannabis pursuant to the provisions of this chapter for a

period of one year, subject to the following conditions:

     (1) The compassion center must be in good standing and maintain its compassion center

license with the office of cannabis regulation pursuant to the provisions of chapter 28.6 of title 21;

     (2) The compassion center shall make good faith efforts to ensure that the sale of cannabis

for adult use as a hybrid cannabis retailer has no significant adverse effect on the medical marijuana

program and patient needs; and

     (3) The compassion center shall post in a conspicuous place a copy of a certificate of

authorization evidencing a license in good standing and payment of the hybrid cannabis retailer

fee.

     (b) During the transitional period specified in § 21-28.11-10.1, hybrid cannabis retailers

shall comply with directives of state agencies, departments and offices exercising regulatory

authority pursuant to § 21-28.11-10.1(b), and directives provided or issued by the commission to

protect public health and public safety. Failure to comply with a rule or directive issued pursuant

to provisions of this subsection and § 21-28.11-10.1(b), may result in a revocation or suspension

of the authorization to conduct adult use cannabis sales as ordered by the commission or office of

cannabis regulation.

     (c) Following the final issuance of the commission's rules and regulations, hybrid cannabis

retailers shall be subject to the commission's rules and regulations for all sales authorization and

renewals to include, but not limited to, any licensing requirements.

     (d) Notwithstanding any other provision of the general laws, a licensed compassion center

authorized as a hybrid cannabis retailer pursuant to subsection (a) of this section and the rules and

regulations promulgated by the commission shall be exempt from the requirements of chapter 28.6

of title 21 requiring registration as a not-for-profit corporation under chapter 6 of title 7, provided

the compassion center maintains operation as a hybrid cannabis retailer in good standing with the

commission. The commission may promulgate regulations or issue guidance to facilitate the

transition from a not-for-profit corporation to a for-profit corporation or other entity, including, but

not limited to, the requirement that the compassion center must update and/or resubmit licensing

and application documents which reflect this change.

     (e) If the commission has failed to make final issuance of the commission's rules and

regulations after one year from the date the compassion center has paid the fee pursuant to

subsection(a) of this section, then hybrid cannabis retailers shall be permitted to continue to engage

in adult use cannabis sales upon payment of a monthly fee to the department of business regulation

in the amount of ten thousand five hundred dollars ($10,500) for each month of operation following

the one year period provided in subsection (a) of this section. Upon final issuance of the

commission's rules and regulations, hybrid cannabis retailers shall comply with the provisions of

the rules and regulations to maintain licensing and authorization to sell adult use cannabis in

accordance with § 21-28.11-10.2.

     (f) Notwithstanding any other general law, rule or regulation, after March 1, 2023, and in

accordance with a timeline established by the commission, no hybrid cannabis retailer shall be

authorized to sell medical marijuana to any patient with an out-of-state medical marijuana card who

fails to possess and produce a valid government issued identification demonstrating residency in

the same state that issued the medical marijuana card.


 

 

 

 

589)

Section

Added Chapter Numbers:

 

21-28.11-10.1

31 and 32

 

 

21-28.11-10.1. Transitional period and transfer of authority.

     (a) To protect public health and public safety, upon the effective date of this chapter until

final issuance of the commission's rules and regulations promulgated pursuant to the provisions of

this chapter, there shall exist a transitional period of regulatory and enforcement authority regarding

the production, possession, regulation, distribution, sale and use of cannabis relating to the sale by

hybrid cannabis retailers of adult use cannabis pursuant to § 21-28.11-10.

     (b) During the transitional period, the office of cannabis regulation shall prescribe such

forms, procedures, and requirements as necessary to facilitate the acquisition of hybrid retail and

cultivation licenses by compassion centers and cultivators licensed pursuant to chapter 28.6 of title

21.

     (c) Such forms, procedures, and requirements shall be posted on the website of the office

of cannabis regulation no later than October 15, 2022, at which time an application period will

commence. Applications shall be received, reviewed, and approved on a rolling basis provided that

in no case shall an approved hybrid retailer begin adult use sales before December 1, 2022.

     (d) The forms, procedures, and requirements prescribed by the office of cannabis regulation

shall incorporate, but shall not be limited to, the following:

     (1) Requirements pertaining to the physical premises of hybrid retail licensees. Where

physically possible these shall include prospective licensee plans to physically separate marijuana

and marijuana products designated for adult use and medical sales, respectively, in inventory,

storage, and customer-facing floor and display areas; plans to physically separate sales areas for

adult use and medical sales, which may be provided by a temporary or semi-permanent physical

barrier; plans to provide and maintain a patient consultation area that will allow privacy for

confidential consultation with qualifying patients; and plans to prioritize patient and caregiver

identification verification and physical entry into retail areas in the event of capacity or other

constraints; however, if the premises of a hybrid retail licensee does not allow the licensee to meet

the requirements of this subsection or would cause undue hardship on the licensee, the office of

cannabis regulation may authorize the hybrid retail licensee to conduct adult use sales at an adjunct

location. In authorizing any such adjunct location, the office shall require, at a minimum, the

following:

     (i) The adjunct location must be physically located within the same municipality and

geographic zone;

     (ii) The adjunct location must comply with all municipal zoning requirements and obtain

municipal approval;

     (iii) The approval of any adjunct location will not cause undue hardship upon another

licensed cannabis retailer; and

     (iv) In the instance that an adjunct location is approved by the office, the hybrid cannabis

retailer shall not be permitted to engage in the sale of cannabis for adult use at more than one

premises.

     (2) Requirements pertaining to inventory, product, and sales tracking. These shall include

prospective licensee submission of plans to electronically separate finished marijuana products

designated for medical or adult use sales in hybrid licensees’ inventory and sales tracking systems.

If prospective hybrid licensees are conducting cultivation activities, they shall submit plans to

distinguish between sales of marijuana or finished marijuana products at wholesale based on

designation for medical or adult use sales.

     (3) Requirements relating to the maintenance of medical marijuana program service levels.

These shall include prospective licensee submission of comprehensive policies and procedures

detailing plans to maintain a sufficient quantity and variety of medical marijuana products, and if

substitutions of medical marijuana products with adult use marijuana products are to be made, a

justification for such substitutions. Prospective hybrid licensees shall also be required to designate

an individual who will be primarily responsible for maintenance of medical marijuana program

service levels and ongoing compliance with existing program requirements, rules, and regulations.

     (4) Requirements relating to operating plans, policies, and procedures. These shall include

prospective licensee submission, maintenance of, and adherence to a set of written standard

operating procedures that encompass both adult use and medical marijuana service lines. These

operating plans and procedures shall take the form of an updated operations manual as currently

required under medical marijuana program regulations and shall include, but not be limited to,

policies and procedures relating to the maintenance of medical marijuana program service levels

as defined in this section.

     (e) Notwithstanding the foregoing provisions of this section, all prospective and approved

applicants for hybrid cannabis retailer and cannabis cultivator licenses under this chapter shall

maintain compliance with the existing provisions of chapter 28.6 of title 21 of the general laws and

the regulations promulgated thereunder until final issuance of the commission’s rules and

regulations, including, but not limited to, existing restrictions and requirements related to financial

disclosures; registration of owners, managers, key persons, agents, and employees; product testing;

packaging and labeling; transportation; home delivery; and advertising.

     (f) Forms, procedures, and requirements relating to this transitional period may be amended

by the office of cannabis regulation or the commission up until the final issuance of the

commission's regulations pursuant to the provisions of this chapter at which time the forms,

procedures, and requirements will be superseded by the commission’s final rules and regulations.

     (g) Upon final issuance of the commission's rules and regulations, the following shall

occur:

     (1) All powers, duties and responsibilities of the department of business regulation and the

office of cannabis regulation with respect to the regulation administration and enforcement of the

provisions of chapter 28.6 of title 21 shall be transferred to the commission or as designated by the

commission to the cannabis office.

     (2) All powers, duties and responsibilities of the department of environmental management

with respect to regulation, administration and enforcement of chapter 28.6 of title 21 shall be

transferred to the commission or as designated by the commission to the cannabis office.

     (3) All powers, duties and responsibilities of the department of health with respect to

regulation, administration and enforcement of chapter 28.6 of title 21 shall be transferred to the

commission or as designated by the commission to the cannabis office, except for the following:

     (i) Administration of registry identification cards to qualified patients; and

     (ii) Powers delegated to the department pursuant to this chapter or by rules and regulations

of the commission.

     (4) There shall be established a "cannabis office" with the powers, duties and

responsibilities authorized pursuant to § 21-28.11-18.1.

     (5) All powers exercised by state agencies, departments and offices pursuant to the

provisions of § 21-28.11-10.1(a) and (b) relating to transitional period authority shall cease.

     (h) Upon final issuance of the commission's rules and regulations, whenever the term

"office of cannabis regulation" appears in any general law or regulation, the term shall mean the

"cannabis office" as defined in this chapter.


 

 

590)

Section

Added Chapter Numbers:

 

21-28.11-10.2

31 and 32

 

 

21-28.11-10.2. Cannabis retail sales.

     (a) In addition to the hybrid cannabis retailer certificates that may be issued pursuant to the

provisions of this chapter, after issuance of the final rules and regulations, the commission may

grant twenty-four (24) retail licenses, subject to the following restrictions:

     (1) The retail licenses shall be issued pursuant to geographic zones as specified in § 21-

28.11-10.3.

     (2) No more than four (4) retail licenses exclusive of any hybrid cannabis retail certificate

shall be permitted in each geographic zone; and

     (3) Of the four (4) retail licenses in each geographic zone:

     (i) One shall be reserved for a workers' cooperative applicant; and

     (ii) One shall be reserved for a social equity applicant.

     (b) Minimum qualifications. To qualify for issuance of a cannabis retail sales license under

this section, an applicant shall satisfy all qualifications established by the commission to include,

but not be limited to, the following:

     (1) Apply for a license in a manner prescribed by the commission;

     (2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident

of the state;

     (3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any

terms established by the commission;

     (4) Provide proof that the applicant is current and in compliance with all obligations for

filings and payments for taxes with the division of taxation;

     (5) Demonstrate that the proposed location for the retail sale of cannabis complies with

provisions of municipal zoning and regulations or has been approved by the municipality;

     (6) Paid a nonrefundable application fee as determined by the commission and promulgated

by rules and regulations; and

     (7) Prior to issuance of any license and for any period of renewal, the applicant shall pay

an annual fee of thirty thousand dollars ($30,000) to be deposited in the social equity fund

established in § 21-28.11-31.

     (e) Compliance. A cannabis retail sales licensee and all agents and employees shall comply

with all rules adopted by the commission and all applicable laws to include, but not limited to,

chapter 5 of title 28 (the "fair employment practices act").

     (f) Inspection. As a condition of licensing and pursuant to § 21-28.11-20, cannabis retailers

shall consent and be subject to inspections by the commission or designated personnel for the

purposes of ensuring and enforcing compliance with this chapter, all rules and regulations

promulgated pursuant to this chapter and all other applicable law, to include, but not be limited to,

the provisions of title 44 ("taxation"), chapter 28 of title 21 (the "uniform controlled substance act"),

and chapter 5 of title 28 (the "fair employment practices act").

     (g) Testing. No cannabis or cannabis product shall be sold or otherwise marketed pursuant

to this chapter that has not first been collected and tested by a cannabis testing laboratory and found

to meet the testing protocols issued pursuant to regulations promulgated by the department of health

and determined to meet the commission's testing protocols issued pursuant to § 21-28.11-11

     (h) Minimum requirements. Persons issued cannabis retail licenses shall be subject to the

following:

     (1) A licensed cannabis retailer shall notify and request approval from the commission of

any change in his or her name or address within ten (10) days of the change. A licensed cannabis

retailer who fails to notify the commission of any of these changes shall be subject to an

administrative fine of no more than one hundred fifty dollars ($150) or other penalty as determined

by the commission;

     (2) When a licensed cannabis retailer notifies the commission of any changes listed in this

subsection, the commission shall issue the licensed cannabis retailer a new license identification

document after the commission approves the changes and receives from the licensee payment of a

fee specified in regulation;

     (3) If a licensed cannabis retailer loses his or her license document, he or she shall notify

the commission and submit a fee specified in regulation within ten (10) days of losing the

document. The commission shall issue a new license document with a new random identification

number upon payment of a fee promulgated in the rules and regulations not to exceed one hundred

dollars ($100);

     (4) A licensed cannabis retailer has a continuing duty to notify the commission of any

criminal conviction(s) that occurs after the issuance of a license or registration. A criminal

conviction shall not automatically result in suspension or revocation of a license, but shall be

subject to the provisions § 21-28.11-12.1;

     (5) If a licensed cannabis retailer violates any provision of this chapter or regulations

promulgated hereunder as determined by the commission, his or her issued license may be

suspended and/or revoked.

     (i) Immunity.

     (1) No licensed cannabis retailer shall be subject to: arrest; prosecution; search or seizure,

except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (f) of this

section; or penalty in any manner, or denied any right or privilege, including, but not limited to,

civil penalty or disciplinary action by a business, occupational, or professional licensing board or

entity, solely for acting in accordance with this chapter and rules and regulations promulgated by

the commission.

     (2) No principal officers, board members, agents, volunteers, or employees of a licensed

cannabis retailer shall be subject to arrest; prosecution; search or seizure, except as authorized

pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (f) of this section; or penalty in any

manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary

action by a business, occupational, or professional licensing board or entity, solely for working for

or with a licensed cannabis retailer to engage in acts permitted by this chapter and rules and

regulations promulgated by the commission.

     (3) No state employee or commission member shall be subject to arrest; prosecution; search

or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (f)

of this section; or penalty in any manner, or denied any right or privilege, including, but not limited

to, civil penalty, disciplinary action, termination, or loss of employee or pension benefits, for any

and all conduct that occurs within the scope of his or her employment regarding the administration,

execution, and/or enforcement of this chapter and rules and regulations promulgated by the

commission, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this section.


 

 

 

591)

Section

Added Chapter Numbers:

 

21-28.11-10.3.

31 and 32

 

 

21-28.11-10.3. Geographic zones.

     For purposes of issuance of cannabis retail licenses by the commission pursuant to the

provisions of this chapter, the following geographic zones are established:

     (1) Zone 1 shall consist of the towns of Burriville, Cumberland, Glocester, North

Smithfield, Smithfield and the city of Woonsocket.

     (2) Zone 2 shall consist of the towns of Johnston, Lincoln and North Providence and the

cities of Central Falls and Providence.

     (3) Zone 3 shall consist of the towns of Coventry, Foster, Scituate, West Greenwich and

West Warwick.

     (4) Zone 4 shall consist of the towns of East Greenwich and North Kingstown and the cities

of Cranston and Warwick.

     (5) Zone 5 shall consist of the towns of Charlestown, Exeter, Hopkinton, Narragansett,

Richmond, South Kingstown and Westerly.

     (6) Zone 6 shall consist of the towns of Barrington, Bristol, Jamestown, Little Compton,

Middletown, New Shoreham, Portsmouth, Tiverton and Warren and the cities of East Providence,

Newport and Pawtucket.


 

 

 

592)

Section

Added Chapter Numbers:

 

21-28.11-10.4

31 and 32

 

 

21-28.11-10.4. Medical marijuana program parity.

     No later than April 1, 2024, the commission shall, in collaboration with the department of

health and the office of management and budget, conduct and deliver to the governor, the speaker

of the house of representatives, and the president of the senate a study relating to the impact of the

implementation of adult use cannabis in Rhode Island on the existing medical marijuana program

(MMP) established pursuant to chapter 28.6 of title 21. This study shall examine and make

recommendations relating to, without limitation, the following:

     (1) The extent to which the introduction of adult use cannabis has diminished or eliminated

the availability of certain medical marijuana products or product types;

     (2) The extent to which patient cardholders in Rhode Island have experienced new or

greater obstacles to obtaining medical marijuana, including on the basis of price, quantity, product

type, or geographic location;

     (3) The extent to which the number of caregiver registrations and/or the number of plant

tag certificates issued by the commission increases or decreases; and

     (4) The extent to which the introduction of the new adult use cannabis tax and license fee

structure requires a realignment of the existing medical marijuana tax and license fee structure.


 

 

593)

Section

Added Chapter Numbers:

 

21-28.11-11

31 and 32

 

 

21-28.11-11. Cannabis testing laboratories -- Licensure and oversight.

     (a) In consultation with the department of health, the commission shall have authority to

promulgate regulations to create and implement all licenses involving cannabis reference testing

requirements, including approval of laboratory proficiency programs and proficiency sample

providers, quality assurance sample providers, round robin testing and regulations establishing

quality control and test standardization, and create and implement additional types and classes of

licensed cannabis testing facilities in accordance with regulations promulgated hereunder.

     (b)(1) The regulations promulgated by the commission shall at a minimum provide for the

licensure and oversight of cannabis testing laboratories, and shall establish testing protocols for the

sampling, testing and analysis of cannabis, finished cannabis and cannabis products in consultation

with the department of health. Such regulations shall be based on the most recent standards as

issued by the United States Pharmacopeial Convention and shall address sampling and analysis to

characterize the cannabinoid profile and biological and chemical contaminants, including, but not

limited to, pesticides, herbicides, plant growth regulators, metals, microbiological contaminants,

and residual solvents introduced through cultivation of cannabis plants and post-harvest processing

and handling of cannabis, cannabis products and ingredients.

     (2) No cannabis or cannabis product shall be sold or otherwise marketed pursuant to this

chapter that has not first been tested by a cannabis testing laboratory and determined to meet the

commission's testing protocols issued pursuant to subsection (a) of this section.

     (3) A licensed cannabis testing laboratory shall transport, store, possess, and test cannabis

in compliance with regulations promulgated by the commission. Nothing in this section shall be

construed as authorizing a cannabis testing laboratory to transfer or sell cannabis to a consumer. A

direct sale or transfer from a cannabis testing laboratory licensee to a consumer is prohibited.

     (4) A cannabis testing laboratory shall report any results indicating contamination to the

commission, the department of health and the department of environmental management within

forty-eight (48) hours of identification.

     (5) No laboratory agent or employee of a cannabis testing laboratory shall receive direct or

indirect financial compensation, other than such reasonable contractual fees to conduct such testing,

from any entity for which it is conducting testing pursuant to this chapter.

     (6) No individual who possesses an interest in or is a laboratory agent employed by a

cannabis testing laboratory, and no immediate family member of that individual, shall possess an

interest in or be employed by a cultivator, product manufacturer or retail cannabis establishment.

     (c) To qualify for issuance of a cannabis testing laboratory license under this section, an

applicant shall satisfy all qualifications established by the commission to include, but not be limited

to, the following:

     (1) Apply for a license in a manner prescribed by the commission;

     (2) Provide proof that the applicant is twenty-one (21) years of age or older and is a resident

of the state;

     (3) Undergo a criminal record background check pursuant to § 21-28.11-12.1 and on any

terms established by the commission;

     (4) Provide proof that the applicant is current and in compliance with all obligations for

filings and payments for taxes with the division of taxation;

     (5) Provide a nonrefundable application fee as determined by the commission and

promulgated by rules and regulations and apply for a testing license from the commission prior to

testing, processing or transporting cannabis; and

     (6) Prior to the issuance of any license and for any period of renewal, the applicant shall

submit an annual license fee as determined by the commission and promulgated by rules and

regulations.

     (d) Cannabis testing laboratories shall be responsible for ensuring the following, as related

to laboratory agents:

     (1) A laboratory agent shall be registered with the commission prior to volunteering or

working at a cannabis testing laboratory;

     (2) A cannabis testing laboratory shall apply to the commission for a registration document

for each affiliated laboratory agent by submitting, at a minimum, the name, address, and date of

birth of the laboratory agent;

     (3) A laboratory agent shall undergo a criminal background check pursuant to § 21-28.11-

12.1 and on terms established by the commission, prior to volunteering or working at a cannabis

testing laboratory. Laboratory agents shall also have a continuing duty to notify the commission of

any criminal conviction(s) that occur after the issuance of a registration document. A criminal

conviction shall not automatically result in suspension or revocation of registration, but shall be

subject to § 21-28.11-12.1; and

     (4) A cannabis testing laboratory shall notify the commission within one business day if a

laboratory agent ceases to be associated with the laboratory, and the laboratory agent's registration

document shall be immediately revoked.

     (e) A cannabis testing laboratory and all agents and employees shall comply with all rules

adopted by the commission and all applicable laws.

     (f) As a condition of licensing and pursuant to the provisions of § 21-28.11-20, cannabis

testing laboratories shall consent and be subject to inspection by the commission or personnel

designated by the commission for the purposes of ensuring and enforcing compliance with this

chapter and all rules and regulations promulgated pursuant to this chapter, to include, but not be

limited to, the provisions of chapter 5 of title 28 (the "fair employment practices act").

     (g) Persons issued cannabis testing laboratory licenses shall be subject to the following:

     (1) A licensed cannabis testing laboratory shall notify and request approval from the

commission of any change in his or her name or address within ten (10) days of the change. A

licensed cannabis testing laboratory who fails to notify the commission of any of these changes

shall be subject to an administrative fine of no more than one hundred fifty dollars ($150) or other

penalty as determined by the commission.

     (2) When a licensed cannabis testing laboratory notifies the commission of any changes

listed in this subsection, the commission shall issue the licensed cannabis testing laboratory a new

registry identification document after the department approves the changes and receives from the

licensee payment of a fee specified in regulation.

     (3) If a licensed cannabis testing laboratory loses his or her license document, he or she

shall notify the commission and submit a fee specified in regulation not to exceed the amount of

one hundred dollars ($100), within ten (10) days of losing the license document. The commission

shall issue a new license with a new random identification number.

     (4) A licensed cannabis testing laboratory has a continuing duty to notify the commission

of any criminal conviction(s) of a laboratory licensee or agent that occurs after the issuance of a

license or registration. A criminal conviction relating solely to a cannabis offense shall not

automatically result in suspension or revocation of a license, but shall be subject to § 21-28.11-

12.1.

     (5) If a licensed cannabis testing laboratory violates any provision of this chapter or

regulations promulgated hereunder as determined by the commission, his or her issued license may

be suspended and/or revoked.

     (h) Immunity.

     (1) No licensed cannabis testing laboratory licensee or agent shall be subject to: arrest;

prosecution; search or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27

and by subsection (f) of this section; or penalty in any manner, or denied any right or privilege,

including, but not limited to, civil penalty or disciplinary action by a business, occupational, or

professional licensing board or entity, solely for acting in accordance with this chapter, chapter

28.6 of title 21 and the rules and regulations promulgated by the commission.

     (2) No principal officers, board members, agents, volunteers, or employees of a licensed

cannabis testing laboratory shall be subject to arrest; prosecution; search or seizure, except as

authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (f) of this section; or

penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty

or disciplinary action by a business, occupational, or professional licensing board or entity, solely

for working for or with a licensed cannabis cultivator to engage in acts permitted by this chapter,

chapter 28.6 of title 21 and the rules and regulations promulgated by the commission.

     (3) No state employee or commission member shall be subject to arrest; prosecution; search

or seizure, except as authorized pursuant to §§ 21-28.11-20 and 21-28.11-27 and by subsection (f)

of this section; or penalty in any manner, or denied any right or privilege, including, but not limited

to, civil penalty, disciplinary action, termination, or loss of employee or pension benefits, for any

and all conduct that occurs within the scope of his or her employment regarding the administration,

execution, and/or enforcement of this chapter, chapter 28.6 of title 21 and the rules and regulations

promulgated by the commission. The provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this

section.


 

 

 

594)

Section

Added Chapter Numbers:

 

21-28.11-12

31 and 32

 

 

21-28.11-12. Licenses for handlers and employees.

     (a) The commission by rule or regulation may promulgate rules and regulations to establish

the registration or licensing of an individual who performs work for or on behalf of a person or

entity licensed pursuant to the provisions of this chapter to include, but not be limited to, employees,

independent contractors, transporters, security personnel, quality control or testing personnel,

packagers and sales personnel. Individuals registered or licensed pursuant to this section shall be

required to comply with all rules adopted by the commission and all applicable laws.

     (b) Fees for registration or licensing established by rules and regulations promulgated by

the commission pursuant to the provisions of this section shall be set forth in the rules and

regulations.


 

 

 

595)

Section

Added Chapter Numbers:

 

21-28.11-12.1

31 and 32

 

 

21-28.11-12.1. Criminal record information -- Permitted use.

     (a) The commission shall require all applicants for license and registration under this

chapter to undergo a national criminal background check prior to issuing any license or registration.

The applicant shall apply to the bureau of criminal identification of the department of attorney

general, department of public safety division of state police, or local police department for a

national background check that shall include fingerprints submitted to the Federal Bureau of

Investigation. Upon the discovery of any criminal record information, the bureau of criminal

identification of the department of attorney general, department of public safety division of state

police, or the local police department shall inform the applicant, in writing, of the nature of the

criminal record information. The bureau of criminal identification of the department of attorney

general, department of public safety division of state police, or the local police department shall

also inform the commission, in writing, of the nature of the criminal record information. In those

situations in which no criminal record information has been found, the bureau of criminal

identification of the department of attorney general, department of public safety division of state

police, or the local police department shall inform the applicant and the commission, in writing, of

this fact. The applicant shall be responsible for any expense associated with the national

background check.

     (b) All applicants for license or registration have a duty to truthfully and fully disclose prior

criminal convictions to the commission and any information the commission requests related to

said convictions. If issued a license or registration by the commission, licensees have a continuing

duty to truthfully and fully disclose any subsequent criminal convictions to the commission, along

with any information the commission requests related to said convictions. Failure to do so may

result in the denial, suspension, or revocation of a license or registration, and criminal prosecution

pursuant to § 21-28.11-27 and/or other applicable law.

     (c) "Conviction" as used throughout this chapter shall have the same meaning as set forth

in § 21-28.6-6(g).

     (d) No person shall be automatically disqualified to practice, pursue, or engage in any

business or activity licensed or registered by the commission pursuant to the provisions of this

chapter, solely relating to a prior conviction of a cannabis or marijuana possession crime or crimes

unless:

     (1) The underlying crime or crimes involved the distribution of a controlled substance,

including cannabis or marijuana, to a minor; or

     (2) The underlying crime or crimes substantially relates to the occupation to which the

license or registration applies. Any other state law to the contrary will be superseded by this

provision.

     (e) No occupational license or registration issued by the commission shall be suspended or

revoked, solely or in part, because of a prior or subsequent possession of cannabis or marijuana

offense conviction of a crime or crimes unless the underlying crime or crimes substantially relate

to the occupation to which the license or registration applies. Any other state law to the contrary

will be superseded by this provision.

     (f) A person who has been convicted of a crime may be disqualified to practice, pursue or

engage in any business activity licensed by the commission pursuant to this chapter or chapter 28.6

of title 21 if the commission determines that the circumstances of the conviction are substantially

related to the occupation for which the license or registration is sought. In determining if a

conviction substantially relates to the occupation for which the license or registration is sought, the

commission shall consider:

     (1) The state's legitimate interest in protecting the property and the safety and welfare of

specific individuals or the general public;

     (2) The relationship of the crime or crimes to the ability, capacity, and fitness required to

perform the duties and discharge the responsibilities of the position of employment or occupation;

and

     (3) The state's legitimate interest in equal access to employment for individuals who have

had past contact with the criminal justice system.

     (g) A person who has been convicted of a crime or crimes that substantially relates to the

occupation for which a license is sought may not be automatically disqualified from the occupation

if the person can establish by competent evidence, satisfactory in the discretion of the commission,

of sufficient rehabilitation and present fitness to perform the duties of the occupation for which the

license is sought. The commission shall consider the time elapsed since the conviction when

determining sufficient rehabilitation, as well as any evidence presented by the applicant regarding:

     (1) Completion of a period of at least two (2) years after release from imprisonment, or at

least two (2) years after the sentencing date for a probation sentence or suspended sentence not

accompanied by incarceration, without subsequent conviction or pending criminal charge;

     (2) The nature, seriousness, and relevance of the crime or crimes for which convicted;

     (3) All circumstances relative to the crime or crimes, including mitigating circumstances

surrounding the commission of the crime or crimes;

     (4) The age of the person at the time the crime or crimes were committed;

     (5) Claims that the criminal record information is in error or inadmissible; and

     (6) All other competent evidence of rehabilitation and present fitness presented, including,

but not limited to, letters of reference by persons who have been in contact with the applicant since

the applicant's release from any state or federal correctional institution.

     (h) The following criminal records may not be used in connection with any application for

a license or registration submitted pursuant to the provisions of this chapter:

     (1) Juvenile adjudications;

     (2) Records of arrest not followed by a conviction;

     (3) Convictions that have been, pursuant to law, annulled or expunged;

     (4) Misdemeanor convictions for which no jail sentence can be imposed; or

     (5) A conviction that does not substantially relate to the occupation for which the license

or registration is sought, as determined by subsection (f) of this section.

     (i) If the commission intends to deny, suspend, or revoke an occupational license, permit,

or registration solely or in part because of the individual's prior conviction of a crime that is

determined to be substantially related to the occupation for which the license or registration applies,

the commission shall notify the individual in writing of the following prior to the final decision:

 

     (1) The specific conviction(s) that forms the basis for the potential denial, suspension, or

revocation and the rationale for deeming the conviction substantially related to the occupation or

activity;

     (2) A copy of the conviction history report, if any, on which the commission relies;

     (3) A statement that the applicant may provide evidence of mitigation or rehabilitation, as

described in subsection (g) of this section; and

     (4) Instructions on how to respond to the potential denial, suspension, or revocation.

     (j) After receiving the notice of potential denial, suspension, or revocation, the individual

shall have thirty (30) business days to respond.

     (k) If a commission denies, suspends, or revokes a license or registration solely or in part

because of the applicant's substantially related conviction, the commission shall issue a final written

decision that addresses the following:

     (1) The specific conviction(s) that form the basis for the denial, suspension, or revocation

and the rationale for deeming the conviction(s) substantially related to the occupation or activity;

     (2) A copy of the conviction history report, if any, on which the commission relies;

     (3) The process for appealing the decision in accordance with chapter 35 of title 42; and

     (4) The earliest date the person may reapply for license or registration which shall not be

longer than two (2) years from the date of the final decision.

     (m) Notwithstanding any general or special law to the contrary, except as otherwise

provided in this chapter, any prior conviction for a crime that has been decriminalized, or is eligible

for expungement pursuant to the provisions of this chapter cannot serve as grounds, either solely

or in part, for denial, suspension or revocation of a license or registration pursuant to this chapter.

     (n) The commission shall adopt rules and regulations establishing standards and procedures

consistent with the provisions of this section.


 

 

 

 

596)

Section

Added Chapter Numbers:

 

21-28.11-12.2

31 and 32

 

 

21-28.11-12.2. Labor peace agreement -- Requirements.

     (a) For the purposes of this section, the following terms shall have the following meanings:

     (1) "Bona fide labor organization" is a labor union that represents or is actively seeking to

represent cannabis workers.

     (2) "Labor peace agreement" means an agreement between a licensee and a bona fide labor

organization that, at a minimum, protects the state's proprietary interests by prohibiting labor

organizations and members from engaging in picketing, work stoppages, boycotts, and any other

economic interference with the entity.

     (b) All retail licensees, including retail licensees pursuant to § 21-28.11-10.2, hybrid

cannabis retailers pursuant to § 21-28.11-10, and compassion centers licensed pursuant to chapter

28.6 of title 21 shall, enter into, maintain, and abide by the terms of a labor peace agreement, and

shall submit to the commission an attestation by a bona fide labor organization stating that the

applicant meets this section's requirements.

     (c) Compassion centers authorized to purchase and deliver cannabis and cannabis products

to registered qualifying patients and their registered primary caregivers or authorized purchasers,

or other marijuana establishment licensees shall be required to meet the requirements established

in this section before conducting retail adult sales of cannabis and cannabis products to consumers

as a hybrid cannabis retailer pursuant to the provisions of this chapter.

     (d) Compliance with the requirements of this section are deemed to be an ongoing material

condition of the license, and any violation may result in suspension, revocation and/or non-renewal

of the license by the commission.

     (e) Nothing in this chapter shall be construed to limit the National Labor Relations Act,

Labor Management Relations Act, the Railway Labor Act, or other conflicting federal law


 

 

597)

Section

Added Chapter Numbers:

 

21-28.11-13

31 and 32, 231 (Art.2)

 

 

21-28.11-13. Taxes.

     (a) The following taxes are imposed on the retail sale of adult use cannabis pursuant to the

provisions of this chapter.

     (1) Sales tax pursuant to the provisions of § 44-18-18;

     (2) A state cannabis excise tax equal to ten percent (10%) of each retail sale as defined in

§ 44-18-8; and

     (3) A local cannabis excise tax equal to three percent (3%) of each retail sale as defined in

§ 44-18-8.

     (b) The assessment, collection and enforcement of the sales tax pursuant to § 44-18-18, the

state cannabis excise tax, and the local cannabis excise tax shall be pursuant to the provisions of

chapters 18 and 19 of title 44 and paid to the tax administrator by the retailer at the time and in the

manner prescribed for sales tax in § 44-19-10. The retailer shall add the taxes imposed by this

chapter to the sales price or charge, and when added, the taxes constitute a part of the price or

charge, is a debt from the consumer or user to the state, and is recoverable at law in the same manner

as other debts.

     (c) All sums received by the division of taxation under this section as local cannabis excise

tax or associated amounts as penalties, forfeitures, interest, costs of suit, and fines for failure to

timely report or pay the local cannabis excise tax shall be distributed at least quarterly and credited

and paid by the state treasurer to the city or town where the cannabis is delivered.

     (d) There is created within the general fund a restricted receipt account known as the

"marijuana trust fund." Revenue collected from the state cannabis excise tax or associated amounts

as penalties, forfeitures, interest, costs of suit, and fines for failure to timely report or pay the state

cannabis excise tax shall be deposited into this account and used to fund programs and activities

related to program administration; revenue collection and enforcement; substance use disorder

prevention for adults and youth; education and public awareness campaigns, including awareness

campaigns relating to driving under the influence of cannabis; treatment and recovery support

services; public health monitoring, research, data collection, and surveillance; law enforcement

training and technology improvements, including grants to local law enforcement; and such other

related uses that may be deemed necessary.

     (e) Revenue collected from the sales tax shall be deposited into the general fund.

 

PL231(Art. 2)

   (f) The budget officer is hereby authorized to create restricted receipt accounts entitled

"marijuana trust fund allocation" in any department or agency of state government wherein monies

from the marijuana trust fund are appropriated by the general assembly for the programmatic

purposes set forth in subsection (d) of this section.

  


 

 

598)

Section

Added Chapter Numbers:

 

21-28.11-14

31 and 32

 

 

21-28.11-14. Municipal fees.

     No fee, tax, charge or expense shall be assessed or collected by or on behalf of a

municipality from an individual licensed pursuant to the provisions of this chapter, except for any

fee, tax, charge or expense generally assessed or collected from residents or businesses located in

the municipality or as required by applicable law.


 

 

 

599)

Section

Added Chapter Numbers:

 

21-28.11-15

31 and 32

 

 

21-28.11-15. Municipal authority.

     (a) Other than a city or town that is a host community for an existing licensed medical

cannabis treatment center, any city or town may, by resolution of the city or town council, cause to

be printed on the ballot in an election held on or before November 8, 2022, the following question:

"Shall new cannabis related licenses for businesses involved in the cultivation, manufacture,

laboratory testing and for the retail sale of adult recreational use cannabis be issued in the city (or

town)?"

     (b) Upon the adoption of a resolution by the city or town council pursuant to the provisions

of subsection (a) of this section, the commission shall not issue any new cannabis related license

pursuant to the provisions of this chapter unless and until the electors of the city or town vote to

approve the issuance of new cannabis related licenses within the city or town. This provision shall

not apply to the issuance of hybrid cannabis retailer licenses.

     (c) If a majority of ballots cast on which the electors indicated their choice is against

granting the licenses, then no new license pursuant to this chapter shall be issued by the commission

relating to the sale of recreational cannabis within the city or town. Provided, however, any existing

marijuana cultivator or cannabis testing laboratory licensed pursuant to chapter 28.6 of title 21 shall

be permitted to continue operating within the municipality pursuant to the conditions of licensure

(including license renewals) without regard to a referendum conducted pursuant to this section.

     (d) Any city or town that by referendum declines to allow the issuance of new licenses

relating to the sale of recreational marijuana will not be eligible to receive revenue pursuant to §

21-28.11-13.

     (e) A city or town that by referendum declines to allow the issuance of new cannabis related

licenses pursuant to the provisions of this chapter may subsequently resubmit the question required

by this section to the electors of the city or town, but only upon the passage of a joint resolution of

approval by the general assembly.

     (f) For the purpose of this section, "cannabis related licenses" includes licenses for

cultivation, manufacture, laboratory testing and/or retail sale.


 

 

 

600)

Section

Added Chapter Numbers:

 

21-28.11-16

31 and 32

 

 

21-28.11-16. Local control.

     (a) A city or town may adopt ordinances and by-laws that impose reasonable safeguards

on the operation of cannabis establishments, provided they are not unreasonable and impracticable

and are not in conflict with this chapter or with regulations made pursuant to this chapter and that:

     (1) Govern the time, place and manner of cannabis establishment operations and of any

business dealing in cannabis accessories, except that zoning ordinances or by-laws shall not operate

to:

     (i) Prevent the conversion of a medical marijuana compassion center licensed or registered

engaged in the manufacture or sale of cannabis or cannabis products to an adult use retail cannabis

establishment engaged in the same type of activity under this chapter; or

     (ii) Limit the number of cannabis establishments below the limits established pursuant to

this chapter;

     (2) Restrict the licensed cultivation, processing and manufacturing of cannabis that is a

public nuisance;

     (3) Establish reasonable restrictions on public signs related to cannabis establishments;

provided, however, that if a city or town enacts an ordinance or by-law more restrictive than the

commission's standard, then the local ordinance or by-law shall not impose a standard for signage

more restrictive than those applicable to retail establishments that sell alcoholic beverages within

that city or town; and

     (4) Establish a civil penalty for violation of an ordinance or by-law enacted pursuant to this

subsection, similar to a penalty imposed for violation of an ordinance or by-law relating to alcoholic

beverages.

     (b) A city or town may adopt ordinances that ban or impose restrictions on the smoking or

vaporizing of cannabis in public places, including outdoor common areas, parks, beaches, athletic

and recreational facilities and other public spaces.

     (c) No city or town shall prohibit the transportation of cannabis or cannabis products or

adopt an ordinance or by-law that makes the transportation of cannabis or cannabis products

unreasonable and impracticable.


 

 

 

601)

Section

Added Chapter Numbers:

 

21-28.11-17

31 and 32

 

 

21-28.11-17. No right to license.

     (a) Nothing contained in this chapter shall be construed as establishing a right in any person

or entity to be issued a license or certificate pursuant to this chapter.

     (b) The commission shall exercise discretion to issue licenses and certificates to further the

purposes of this chapter and may deny any application, suspend an application period, impose

moratoriums on applications and/or issuance of licenses to further the purpose of public safety, the

orderly administration of cannabis production, distribution and sale and to promote the purposes of

this chapter.

     (c) No appeal for a denial of a license shall be sustained solely on the grounds that the

person or entity satisfied the qualifications for issuance of a license.


 

 

 

602)

Section

Added Chapter Numbers:

 

21-28.11-17.1

31 and 32

 

 

21-28.11-17.1 General conditions for licenses.

     (a) Upon receipt of a complete cannabis establishment license application and the

application fee, the commission shall forward a copy of the application to the city or town in which

the cannabis establishment is to be located, determine whether the applicant and the premises

qualify for the license and has complied with this chapter and shall, within ninety (90) days:

     (1) Acknowledge that the application is satisfactory and complete; or

     (2) Send to the applicant a notice of rejection setting forth specific reasons why the license

application is incomplete, rejected, unsatisfactory or fails to comply with the application

requirements.

     (b) The commission may, subject to the rules and regulations promulgated by the

commission and in the exercise of the commission's discretion pursuant to § 21-28.11-17, approve

a cannabis establishment license application and issue a license if:

     (1) The prospective cannabis establishment has submitted an application in compliance

with regulations made by the commission, the applicant satisfies the requirements established by

the commission, the applicant is in compliance with this chapter and the regulations made by the

commission and the applicant has paid any required fee;

     (2) No notification of non-compliance from the city or town has been received by the

commission within forty-five (45) days;

     (3) The property where the proposed cannabis establishment is to be located, at the time

the license application is received by the commission, is not located within five hundred feet (500')

of a pre-existing public or private school providing education in kindergarten or any of grades one

through twelve (12), unless a city or town adopts an ordinance or by-law that reduces the distance

requirement;

     (4) The applicant, and any agents or employees of the applicant as required by the

commission pursuant to its rules and regulations, have undergone a criminal background check

pursuant to § 21-28.11-12.1 and on terms established by the commission;

     (5) As a condition of licensing, cannabis establishments shall consent and be subject to

inspection by the commission for the purposes of ensuring and enforcing compliance with this

chapter and all rules and regulations promulgated pursuant to this chapter, to include, but not be

limited to, the provisions of chapter 5 of title 28 (the "fair employment practices act"), chapter 28

of title 21 (the "the uniform controlled substances act") and title 44 ("taxation"); and

     (6) Every individual who will be a controlling person of the proposed cannabis

establishment has not been convicted of a felony or convicted of an offense in another state that

would be a felony in this state and which would substantially relate to the occupation for which the

applicant has applied for licensure, or the prior conviction is solely for a marijuana possession

offense subject to expungement, or the individual is determined to be not disqualified pursuant to

§ 21-28.11-12.1.

     (c) In addition to requirements established in regulation, by the commission, or by

ordinance of a city or town pursuant to this chapter, a cannabis establishment shall:

     (1) Secure every entrance to the establishment in order that access to areas containing

cannabis is restricted to employees and others permitted by the cannabis establishment to access

the area and to agents of the commission or state and local law enforcement officers and emergency

personnel; and

     (2) Secure its inventory and equipment during and after operating hours to deter and

prevent theft of cannabis, cannabis products and cannabis accessories.

     (d) No cannabis establishment may cultivate, process, test, store or manufacture cannabis

or cannabis products at any location other than at a physical address which has been approved by

the commission and within an area that is enclosed and secured in a manner that prevents access

by persons not permitted by the cannabis establishment to access the area.

     (e) No cannabis establishment shall allow cultivation, processing, manufacture, sale or

display of cannabis or cannabis products to be visible from a public place without the use of

binoculars, aircraft or other optical aids, as determined by the commission.

     (f) No cannabis establishment shall refuse representatives of the commission the right at

any time of operation to inspect the entire licensed premises or to audit the books and records of

the cannabis establishment for the purposes of ensuring and enforcing compliance with this chapter

and all rules and regulations promulgated by the commission pursuant to this chapter.

     (g) No cannabis establishment shall allow any person under twenty-one (21) years of age

to volunteer or work for the cannabis establishment.

     (h) No cannabis establishment shall cultivate, manufacture, sell or otherwise transact

business involving any products containing cannabinoids other than those that were produced,

distributed and taxed in compliance with this chapter.

     (i) All cannabis establishments shall be subject to any regulations promulgated by the

commission that specify the manner by which cannabis shall be tested, including but not limited

to, potency, cannabinoid profile, and contaminants.

     (j) All cannabis establishments shall be subject to any product labeling requirements

promulgated by the commission.

     (k) License required. No person or entity shall operate a cannabis establishment without an

 

appropriate license(s) and/or registration(s) issued by the commission.

     (l) Each licensee shall file an emergency response plan with the fire department and police

department of the host community pursuant to rules and regulations promulgated by the

commission pursuant to this chapter.


 

 

 

603)

Section

Added Chapter Numbers:

 

21-28.11-18

31 and 32

 

 

21-28.11-18. Enforcement.

     (a)(1) Notwithstanding any other provision of this chapter, if the commission has cause to

believe that a violation of any provision of chapters 21-28.6 or 21-28.11 or any regulations

promulgated thereunder has occurred by a licensee that is under the commission's jurisdiction

pursuant to chapters 21-28.6 or 21-28.11, or that any person or entity is conducting any activities

requiring licensure or registration by the commission under chapters 21-28.6 or 28.11 or the

regulations promulgated thereunder without such licensure or registration, the commission may, in

accordance with the requirements of the administrative procedures act, chapter 35 of title 42:

     (i) With the exception of patients and authorized purchasers, revoke or suspend a license

or registration;

     (ii) Levy an administrative penalty in an amount established pursuant to law or regulations

promulgated by the cannabis control commission;

     (iii) Order the violator to cease and desist such actions;

     (iv) Require a licensee or registrant or person or entity conducting any activities requiring

licensure or registration under chapters 21-28.6 or 21-28.11 to take such actions as are necessary

to comply with such chapter and the regulations promulgated thereunder; or

     (v) Any combination of the penalties authorized by this section.

     (2) If the commission finds that emergency action imperative to public health, safety, or

welfare is required, and incorporates a finding to that effect in its order, summary suspension of

license or registration and/or cease and desist may be ordered pending proceedings for revocation

or other action. Any such proceedings shall be promptly instituted and determined pursuant to the

provisions of § 21-28.11-5(a)(31).

     (b) If a person exceeds the possession limits in violation of law or is in violation of any

other section of chapters 21-28.6 or 21-28.11 or the regulations promulgated thereunder, he or she

may also be subject to arrest and prosecution under chapter 28 of title 21.

     (c) All cannabis establishment licensees are subject to inspection by the cannabis control

commission, including, but not limited to, the licensed premises, all cannabis and cannabis products

located on the licensed premises, personnel files, training materials, security footage, all business

records and business documents including, but not limited to, purchase orders, transactions, sales,

and any other financial records or financial statements whether located on the licensed premises or

not.

     (d) All cannabis products that are held within the borders of this state in violation of the

provisions of chapters 28.6 or 28.11 of title 21 or the regulations promulgated thereunder are

declared to be contraband goods and may be seized by the commission, the tax administrator or his

or her agents, or employees, or by any sheriff, or his or her deputy, or any police or other law

enforcement officer in accordance with applicable law when requested by the tax administrator or

cannabis control commission to do so, without a warrant. All contraband goods seized by the state

under this chapter may be destroyed or saved as evidence for the purposes of criminal prosecution.

     (e) Notwithstanding any other provision of law, the commission may make available to

law enforcement and public safety personnel, any information that it may consider proper including

information contained in licensing records, inspection reports and other reports and records

maintained by the commission, as necessary or appropriate for purposes of ensuring compliance

with state laws and regulations. Nothing in this act shall be construed to prohibit law enforcement,

public safety, fire, or building officials from investigating violations of or enforcing state law.


 

 

 

604)

Section

Added Chapter Numbers:

 

21-28.11-18.1

31 and 32

 

 

21-28.11-18.1. Cannabis office.

     (a) There is hereby established the "cannabis office". The director of the department of

business regulation shall grant to the cannabis office reasonable access to appropriate physical

accommodations and expert and other appropriate staff.

     (b) Upon final issuance of the commission's rules and regulations, whenever in the general

laws, rules or regulations the term "office of cannabis regulation" appears, the term shall mean the

"cannabis office" established pursuant to the provisions of this section.

     (c) The administrator of the cannabis office shall be appointed by the governor with the

advice and consent of the senate and shall be in the unclassified service.

     (d) The administrator of the cannabis office shall report to the commission, and consistent

with the provisions of this chapter and in furtherance of coordinating the oversight and

administration of cannabis use shall have the following powers, duties and responsibilities:

     (1) Exercise the powers and perform duties as directed and delegated by the commission

in relation to the administration of the cannabis office, including, but not limited to, budgetary and

fiscal matters;

     (2) Advise and assist the commission in carrying out any of the commission's functions,

powers, and duties;

     (3) As authorized by the commission, enter into contracts, memoranda of understanding,

and agreements to effectuate the policy and purpose of this chapter;

     (4) Prescribe forms of applications for licenses under this chapter;

     (5) Prepare reports and information as deemed necessary by the commission;

     (6) Inspect or provide for inspections of any licensed premises where cannabis is cultivated,

processed, stored, distributed or sold as directed or authorized by the commission;

     (7) Provide office accommodations, hearing rooms, and direct administrative and

personnel support and staff to the commission in order to carry out the commission's duties and

responsibilities;

     (8) Maintain records of regulations, licenses, and permits issued and revoked by the

commission in a manner that information is readily available regarding identity of licensees,

including the names of officers and directors of corporate licensees and the location of all licensed

premises;

     (9) Delegate the powers provided in this section to employees as may be deemed

appropriate;

     (10) Coordinate across state agencies and departments to conduct research and to study

cannabis use and the regulated cannabis industry and the impact access to cannabis products may

have on public health and public safety;

     (11) Issue guidance and industry advisories;

     (12) Study the administration and alignment of cannabis regulation and as necessary make

recommendations to the commission to improve administration;

     (13) As directed by the commission, coordinate with the staff designated by the respective

directors of each state agency regarding adult use of cannabis, medical cannabis and industrial

hemp with the objective of producing positive economic, public safety, and health outcomes for

the state and its citizens;

     (14) As directed by the commission, offer guidance to and communicate with municipal

officials regarding the implementation and enforcement of this chapter and chapter 28.6 of title 21;

and

     (15) As directed by the commission, communicate with regulatory officials from other

states that allow cannabis for adult use and medical cannabis use, and benefit from the experiences

of those states.

     (e) Subject to appropriation by the general assembly, the administrator of the cannabis

office is authorized to retain and employ employees of the office of cannabis regulation as

employees in the cannabis office who shall remain in the classified service. Any proposed new

hires or additional staff or employees to be employed by the cannabis office shall be approved by

the commission and shall be in the classified service. Any employees hired by the office of cannabis

regulation after the enactment of this chapter and prior to the appointment of the commission shall

be in the classified service.


 

 

 

605)

Section

Added Chapter Numbers:

 

 21-28.11-19

31 and 32

 

 

21-28.11-19. Multiple licenses restricted.

     (a) No person or entity licensed pursuant to the provisions of this chapter or chapter 28.6

of title 21, except as provided in subsection (c) of this section, shall be granted more than one

license.

     (b) No licensee shall own, control, manage or operate any other entity licensed pursuant to

the provisions of this chapter.

     (c) Nothing in this chapter or chapter 28.6 of title 21 shall be construed to prohibit a

compassion center licensed pursuant to the provisions of chapter 28.6 of title 21 from acquiring

additional licensing issued to conduct retail sales as a hybrid cannabis retailer pursuant to the

provisions of this chapter.

     (d) Nothing in this chapter shall be construed to prohibit one person from investing in

multiple licensed entities under this chapter; provided no one person or entity shall be a majority

owner in more than one licensed entity.


 

 

 

 

606)

Section

Added Chapter Numbers:

 

21-28.11-20

31 and 32

 

 

21-28.11-20. Inspections, audits and investigations.

     (a) As a condition of licensure, cannabis establishments are subject to inspection by the

commission or personnel designated by the commission. Inspections shall occur periodically, at

reasonable times and shall be limited in scope to determine compliance with the provisions of this

chapter and chapter 28.6 of title 21 and the rules and regulations promulgated by the commission.

During inspections the commission or designated personnel may examine and inspect any premises,

books, records, papers, stocks of cannabis or cannabis products.

     (b) The commission may request and authorize administrative inspections to be conducted

by the department of health or the state police. For purposes of this section, "administrative

inspection" shall mean any inspection, independent of a criminal investigation, that is conducted

for the purpose of determining compliance with applicable state law and rules and regulations of

the commission.

     (c) The tax administrator shall have authority to conduct inspections of all matters

necessary to determine compliance with the provisions of this chapter and the provisions of title 44

("taxation").

     (d) Any licensee who wrongfully fails to cooperate with an inspection authorized pursuant

to the provisions of this section shall be guilty of a misdemeanor punishable by imprisonment of

up to one year, or a fine of not more than five thousand dollars ($5,000) per violation per day, or

both, and revocation of a license.


 

 

 

607)

Section

Added Chapter Numbers:

 

21-28.11-21

31 and 32

 

 

21-28.11-21. Expiration and renewal.

     (a) Except pursuant to § 21-28.11-10(e), all licenses under this chapter shall be effective

for one year from the date of issuance.

     (b) Subject to rules and regulations, the commission shall issue a renewal license within

thirty (30) days of receipt of a renewal application and renewal license fee from licensees in good

standing as determined by the commission and who have filed all required tax returns and paid all

required taxes.


 

 

 

608)

Section

Added Chapter Numbers:

 

21-28.11-22

31 and 32

 

 

21-28.11-22. Personal use of cannabis.

     (a) Notwithstanding any other general or special law to the contrary, except as otherwise

provided in this chapter, a person twenty-one (21) years of age or older shall not be arrested,

prosecuted, penalized, sanctioned or disqualified under the laws of the state in any manner, or

denied any right or privilege and shall not be subject to seizure or forfeiture of assets for:

     (1) Possessing, using, purchasing from a licensed cannabis retailer, or processing one ounce

(1 oz.) or less of cannabis, or the equivalent amount in the form of cannabis concentrate;

     (2) Within any residence, possessing, cultivating or processing not more than a total of

three (3) mature cannabis plants and up to a total of three (3) immature cannabis plants per dwelling

unit for personal use and as long as all security requirements as promulgated by the commission

are complied with. These limits shall apply no matter how many persons reside at the premises;

     (3) Within the person's primary residence, possessing up to ten ounces (10 oz.) total of

cannabis per resident, in addition to any live cannabis plants lawfully kept on the premises in

compliance with subsection (a)(2) of this section, as long as all security requirements as

promulgated by the commission are complied with;

     (4) Assisting another person who is twenty-one (21) years of age or older in any of the acts

described in this section; or

     (5) Giving away or otherwise transferring without remuneration up to one ounce (1 oz.) of

cannabis, or the equivalent amount in the form of cannabis concentrate, to a person twenty-one (21)

years of age or older, as long as the transfer is not advertised or promoted to the public.

     (b) Notwithstanding any other general or special law to the contrary, except as otherwise

provided in this chapter, a person shall not be arrested, prosecuted, penalized, sanctioned or

otherwise denied any benefit and shall not be subject to seizure or forfeiture of assets for allowing

property the person owns, occupies or manages to be used for any of the activities conducted

lawfully under this chapter or for enrolling or employing a person who engages in cannabis-related

activities lawfully under this chapter.

     (c) Absent clear and convincing evidence that the person's actions related to cannabis have

created an unreasonable danger to the safety of a minor child, neither the presence of cannabinoid

components or metabolites in a person's bodily fluids nor conduct permitted under this chapter

related to the possession, consumption, transfer, cultivation, manufacture or sale of cannabis,

cannabis products or cannabis accessories by a person charged with the well-being of a child shall

form the sole or primary basis for substantiation, service plans, removal or termination or for denial

of custody, visitation or any other parental right or responsibility.

     (d) The use of cannabis shall not disqualify a person from any needed medical procedure

or treatment, including organ and tissue transplants.

     (e) Nothing contained within this chapter or chapter 28.6 of title 21 shall be construed as

authorizing the smoking or vaporizing of cannabis in any public place. The smoking or vaporizing

of cannabis is prohibited in any public place that prohibits the smoking or vaporizing of tobacco

products as well as any place that prohibits the smoking or vaporizing of cannabis including by

rule, regulation, or by local ordinance.


 

 

 

 

609)

Section

Added Chapter Numbers:

 

21-28.11-23

31 and 32

 

 

21-28.11-23. Cannabis accessories authorized.

     Notwithstanding any general or special law to the contrary, except as otherwise provided

in this chapter, a person twenty-one (21) years of age or older shall not be arrested, prosecuted,

penalized, sanctioned or disqualified and shall not be subject to seizure or forfeiture of assets for

possessing, purchasing or otherwise obtaining or manufacturing cannabis accessories or for selling

or otherwise transferring cannabis accessories to a person who is twenty-one (21) years of age or

older.


 

 

 

 

610)

Section

Added Chapter Numbers:

 

21-28.11-24

31 and 32

 

 

21-28.11-24. Lawful operation of cannabis establishments.

     (a) Notwithstanding any general or special law to the contrary, except as otherwise

provided in this chapter or in rules and regulations adopted pursuant to the provisions of this

chapter, the following persons involved in the distribution of cannabis as authorized by this chapter

shall not be arrested, prosecuted, penalized, sanctioned or disqualified and shall not be subject to

seizure or forfeiture of assets for activities specified for:

     (1) A cannabis retailer or hybrid cannabis retailer or an owner, operator, employee or other

agent acting on behalf thereof possessing cannabis or cannabis products, purchasing, selling or

otherwise transferring or delivering cannabis or cannabis products to or from a cannabis

establishment; or selling or otherwise transferring or delivering cannabis or cannabis products to a

consumer;

     (2) A cannabis cultivator or an owner, operator, employee or other agent acting on behalf

of a cannabis cultivator cultivating, propagating, breeding, harvesting, processing, packaging,

storing or possessing cannabis or cannabis products, or selling or otherwise transferring, purchasing

or delivering cannabis and cannabis products to or from a cannabis establishment;

     (3) A cannabis product manufacturer or an owner, operator, employee or other agent acting

on behalf of a cannabis product manufacturer packaging, processing, manufacturing, storing or

possessing cannabis or cannabis products, or delivering, selling or otherwise transferring and

purchasing cannabis or cannabis products to or from a cannabis establishment; or

     (4) A cannabis testing laboratory or an owner, operator, employee or other agent acting on

behalf of a cannabis testing laboratory possessing, processing, storing, transferring or testing

cannabis or cannabis products.

     (b) Any licensee, or agent or employee thereof, under this chapter who reasonably relies

on a valid state issued identification card, or on a valid motor vehicle license, or on a valid passport

issued by the United States government, or by the government of a foreign country recognized by

the United States government, or a valid United States issued military identification card, for proof

of a person's identity and age shall not suffer any modification, suspension, revocation or

cancellation of such license, nor shall the licensee, agent or employee suffer any criminal liability,

for delivering or selling cannabis or cannabis products to a person under twenty-one (21) years of

age. Any licensee, or agent or employee thereof, under this chapter, who reasonably relies on the

forms of identification listed in this subsection, for proof of a person's identity and age, shall be

presumed to have exercised due care in making such delivery or sale of cannabis or cannabis

products to a person under twenty-one (21) years of age. Such presumption shall be rebuttable.


 

 

 

611)

Section

Added Chapter Numbers:

 

21-28.11-25

31 and 32

 

 

21-28.11-25. Contracts pertaining to cannabis enforceable.

     It is the public policy of the state that contracts related to the operation of cannabis

establishments under this chapter shall be enforceable. A contract entered into by a licensee or its

agents as permitted pursuant to a valid license issued by the commission, or by those who allow

property to be used by a licensee or its agents as permitted pursuant to a valid license issued by the

commission, shall not be unenforceable or void exclusively because the actions or conduct

permitted pursuant to the license is prohibited by federal law.


 

 

 

612)

Section

Added Chapter Numbers:

 

21-28.11-26

31 and 32

 

 

21-28.11-26. Provision of professional services.

     A person engaged in a profession or occupation subject to licensure shall not be subject to

disciplinary action by a professional licensing board solely for providing professional services to

prospective or licensed cannabis establishments related to activity under this chapter that is not

subject to criminal penalty under the laws of the state.


 

 

 

613)

Section

Added Chapter Numbers:

 

21-28.11-27

31 and 32

 

 

21-28.11-27. Penalties.

     (a) Every person who engages in any activity regulated by this chapter without a license or

registration required by the provisions of this chapter may be prosecuted and punished pursuant to

the provisions of chapter 28 of title 21 (the "uniform controlled substances act") or other applicable

law.

     (b) Every person who engages in any activity in violation of § 21-28.11-22 may be

prosecuted and punished pursuant to the provisions of chapter 28 of title 21 (the uniform controlled

substances act).

     (c) Except as otherwise provided in this chapter, any person licensed pursuant to this

chapter or acting as an agent for an entity licensed pursuant to this chapter shall be guilty of a

felony and may be imprisoned not more than five (5) years and fined not more than ten thousand

dollars ($10,000), or both and shall forfeit any licenses pursuant to this chapter if that person

knowingly and willfully:

     (1) By fraud, deceit, or misrepresentation or subterfuge materially omits or falsifies any

information related to: (i) The application for a license or renewal of a license to be issued pursuant

to this chapter; or (ii) Any report, notice or filing required to be submitted to the commission, the

cannabis office, the tax administrator or the department of revenue; or

     (2) Knowingly and willfully transfers cannabis to a minor in violation of the provisions of

this chapter and chapter 28.6 of title 21.


 

 

614)

Section

Added Chapter Numbers:

 

21-28.11-27.1

31 and 32

 

 

21-28.11-27.1. No minors on the premises of marijuana establishments.

     A cannabis establishment shall not allow any person who is under twenty-one (21) years

of age to be present inside any room where cannabis or cannabis products are stored, produced, or

sold by the cannabis establishment unless the person who is under twenty-one (21) years of age is:

     (1) A government employee performing their official duties; or

     (2) If the cannabis establishment is a hybrid cannabis retailer that also holds a compassion

center license pursuant § 21-28.6-12 for the same licensed premises and the individual under

twenty-one (21) years of age is a qualifying patient registered under chapter 28.6 of title 21 and the

retail establishment complies with applicable regulations promulgated by the commission.


 

 

 

615)

Section

Added Chapter Numbers:

 

21-28.11-27.2

123 and 124

 

 

21-28.11-27.2. Drug awareness program.

     The department of behavioral healthcare, development disabilities and hospitals (BHDDH)

shall develop substance abuse prevention programs and student assistance programs for youth

pursuant to chapter 21.1 and 21.3 of title 16, and in accordance with the criteria set forth in §§ 16-

21.2-4(a) and 16-21.3-2(a). The drug awareness program shall provide at least four (4) hours of

classroom instruction or group discussion and ten (10) hours of community service.


 

 

616)

Section

Added Chapter Numbers:

 

21-28.11-28

123 and 124

 

 

21-28.11-28. Liability to state under this chapter as debt.

     Any liability to the state under this chapter shall constitute a debt to the state. Once a

statement of debt naming a licensee is recorded, registered or filed, any such debt shall constitute

a lien on all commercial property owned by a licensee in the state and shall have priority over an

encumbrance recorded, registered or filed with respect to any site.


 

 

 

 

 

617)

Section

Added Chapter Numbers:

 

21-28.11-29

123 and 124

 

 

21-28.11-29. Prohibited activities.

     (a) This chapter shall not permit:

     (1) Any person to undertake any task under the influence of cannabis when doing so would

constitute negligence or professional malpractice;

     (2) The smoking or vaporizing of cannabis:

     (i) In a school bus or other form of public transportation;

     (ii) On any school grounds;

     (iii) In any correctional facility;

     (iv) In any public place or other place where smoking or vaporizing of tobacco is prohibited

by federal or state law or by local ordinance;

     (v) In any licensed drug treatment facility in this state; or

     (vi) Where exposure to the cannabis smoke significantly adversely affects the health,

safety, or welfare of children; or

     (3) Any person to operate, navigate, or be in actual physical control of any motor vehicle,

aircraft, or motorboat while under the influence of cannabis. However, a person shall not be

considered to be under the influence solely for having cannabis metabolites in his or her system.

     (b) Nothing in this chapter shall be construed to require:

     (1) A government medical assistance program or private health insurer or workers'

compensation insurer, workers' compensation group self-insurer, or employer self-insured for

workers' compensation under § 28-36-1 to reimburse a person for costs associated with the medical

use of cannabis; or

     (2) An employer to accommodate the medical use of marijuana in any workplace.

     (c) Fraudulent representation to a law enforcement official of any fact or circumstance

relating to the medical use of marijuana to avoid arrest or prosecution shall be punishable by a fine

of five hundred dollars ($500) which shall be in addition to any other penalties that may apply for

making a false statement for the nonmedical use of cannabis.

     (d) Nothing contained in this chapter shall be construed to require employers to

accommodate the use or possession of cannabis, or being under the influence of cannabis, in any

workplace or the use of cannabis in any other location while an employee is performing work,

including remote work. Employers may implement drug use policies which prohibit the use or

possession of cannabis in the workplace or while performing work from being under the influence

of cannabis, provided that unless such use is prohibited pursuant to the terms of a collective

bargaining agreement, an employer shall not fire or take disciplinary action against an employee

solely for an employee's private, lawful use of cannabis outside the workplace and as long as the

employee has not and is not working under the influence of cannabis except to the extent that:

     (1) The employer is a federal contractor or otherwise subject to federal law or regulations

such that failure to take such action would cause the employer to lose a monetary or licensing

related benefit thereunder; or

     (2) The employee is employed in a job, occupation or profession that is hazardous,

dangerous or essential to public welfare and safety. If the employee's job, occupation or profession

involves work that is hazardous, dangerous or essential to public welfare and safety then the

employer may adopt and implement policies which prohibit the use or consumption of cannabis

within the twenty-four (24) hour period prior to a scheduled work shift or assignment. For purposes

of this section, hazardous, dangerous or essential to public welfare and safety shall include, but not

be limited to: operation of an aircraft, watercraft, heavy equipment, heavy machinery, commercial

vehicles, school buses or public transportation; use of explosives; public safety first responder jobs;

and emergency and surgical medical personnel.

     (e) Nothing contained in this chapter shall prevent an employer from refusing to hire,

discharging, disciplining, or otherwise taking an adverse employment action against a person with

respect to hire, tenure, terms, conditions, or privileges of employment because of that person's

violation of a workplace drug policy or because that person was working while under the influence

of cannabis.

     (f) The provisions of this chapter do not exempt any person from arrest, civil or criminal

penalty, seizure or forfeiture of assets, discipline by any state or local licensing board or authority,

and state prosecution for, nor may they establish an affirmative defense based on this chapter to

charges arising from, any of the following acts:

     (1) Driving, operating, or being in actual physical control of a vehicle or a vessel under

power or sail while impaired by cannabis or cannabis products;

     (2) Possessing or using cannabis or cannabis products if the person is in state custody;

     (3) Possessing or using cannabis or cannabis products in any local detention facility, jail,

state prison, reformatory, or other correctional facility, including, without limitation, any facility

for the detention of juvenile offenders;

     (4) Manufacturing or processing of cannabis products with the use of prohibited solvents,

in violation of this chapter and chapter 28.6 of title 21; or

     (5) Possessing, using, distributing, cultivating, processing or manufacturing cannabis or

cannabis products which do not satisfy the requirements of this chapter and chapter 28.6 of title 21.

     (g) Except as provided in this section, the provisions of this chapter do not require any

person, corporation, state department or any other entity that occupies, owns, or controls a property

to allow the consumption, or transfer of marijuana on or in that property.

     (h) Except as provided in this section, in the case of the rental of a residential dwelling unit

governed by chapter 18 of title 34, a landlord may not prohibit the consumption of cannabis by

non-smoked or non-vaporized means, or the transfer without compensation of cannabis by the

tenant as defined in § 34-18-11, provided the tenant is in compliance with the possession and

transfer limits and other requirements set forth in this chapter.


 

 

618)

Section

Added Chapter Numbers:

 

21-28.11-30

123 and 124

 

 

21-28.11-30. Employer's duties.

     Nothing in this chapter shall be construed to preempt or limit the duties of any employer

under applicable law, or shall permit an employer to require an employee to disclose sealed or

expunged offenses, unless otherwise required by law.


 

 

 

619)

Section

Added Chapter Numbers:

 

21-28.11-31

123 and 124

 

 

21-28.11-31. Social equity assistance program and fund.

     (a)(1) Findings. The general assembly finds that additional efforts are needed to reduce

barriers to ownership and/or participation in the cannabis industry for individuals and communities

most adversely impacted by the enforcement of cannabis-related laws.

     (2) In the interest of establishing a legal cannabis industry that is equitable and accessible

to those most adversely impacted by the enforcement of cannabis-related laws, the general

assembly finds and declares that a social equity program should be established.

     (3) The general assembly also finds and declares that individuals who have been arrested

or incarcerated due to cannabis related laws suffer long-lasting negative consequences, including

impacts to employment, business ownership, housing, health, and long-term financial well-being.

     (4) The general assembly also finds and declares that family members, especially children,

and communities of those who have been arrested or incarcerated due to cannabis related laws,

suffer from emotional, psychological, and financial harms as a result of such arrests or

incarcerations.

     (5) Furthermore, the general assembly finds and declares that certain communities have

disproportionately suffered the harms of enforcement of cannabis-related laws. Those communities

face greater difficulties accessing capital to finance the start-up costs for cannabis establishments.

     (6) The general assembly also finds that individuals who have resided in areas of high

poverty suffer negative consequences, including barriers to entry in employment, business

ownership, housing, health, and long-term financial well-being.

     (7) The general assembly also finds and declares that promotion of business ownership by

individuals who have resided in areas of high poverty and high enforcement of cannabis-related

laws furthers a more equitable cannabis industry.

     (8) Therefore, in the interest of mitigating the harms resulting from the enforcement of

cannabis-related laws, the general assembly finds and declares that a social equity program should

offer, among other things, business assistance and license application benefits to individuals most

directly and adversely impacted by the enforcement of cannabis-related laws who are interested in

establishing or participating in a cannabis business entity.

     (b) There is created in the state treasury within the general fund, a fund which shall be held

separate and apart from all other state monies, to be known as the social equity assistance fund.

The social equity assistance fund, subject to appropriation, shall be exclusively used for the

following purposes:

     (1) To provide grants to approved social equity applicants to pay for ordinary and necessary

expenses to establish and/or operate a cannabis establishment, and to also further promote the goals

of this chapter, including without limitation, job training and workforce development, mentoring

services and technical assistance;

     (2) To support the waiver or reduction of application and licensing fees pursuant to this

section for social equity applicants; and

     (3) To implement and administer programming for restorative justice, jail diversion, drug

rehabilitation and education workforce development for jobs related to cannabis cultivation,

transportation, distribution and sales;

     (c) The social equity assistance fund shall be subject to appropriation. The fund shall

consist of all monies received on account of the state as a result of application for, and licensing of,

individuals and entities pursuant to the provisions of this chapter, exclusive of licensing fees paid

pursuant to the provisions of chapter 28.6 of title 21. Additionally, except as otherwise provided,

the fund shall consist of all administrative penalties received for violations of this chapter, except

tax violations and interest earned on balances in the fund.

     (d) The commission shall administer the social equity assistance fund and the authorized

disbursement of funds, as appropriated by the general assembly. In consultation with the cannabis

advisory board, the commission shall promulgate rules and regulations establishing the criteria,

eligibility, qualifications and process for administering the disbursement of funds from the social

equity assistance fund.

     (e) Reporting. Beginning September 1, 2023, and each year thereafter, the commission

shall annually report to the governor and the general assembly on the outcomes and effectiveness

of this section that shall include, but not be limited to, the following:

     (1) The number of persons or businesses receiving assistance under this section;

     (2) The amount in financial assistance awarded in the aggregate, in addition to the amount

of grants awarded; and

     (3) If applicable, the number of new jobs and other forms of economic impact created as a

result of assistance from the social equity assistance fund.

     (f) Fee waivers.

     (1) For social equity applicants as defined in § 21-28.11-3, the commission may waive up

to one hundred percent (100%) of any nonrefundable license application fees or any nonrefundable

fees associated with acquiring a license to operate a cannabis establishment, pursuant to rules and

regulations promulgated by the commission in consultation with the cannabis advisory board.

     (2) If the commission determines that an applicant who applied as a social equity applicant

is not eligible for social equity status, the applicant shall be provided an additional ten (10) days to

provide alternative evidence that the applicant qualifies as a social equity applicant. Alternatively,

the applicant may pay all required fees and be considered as a non-social equity applicant. If the

applicant cannot do either, then any application fee shall be returned and the application process

shall be terminated.

     (g) Transfers of cannabis establishment licenses awarded to a social equity applicant are

subject to all other provisions of this chapter, and applicable law; provided however, that a license

issued to a social equity applicant shall only be transferred to another qualified social equity

applicant as determined and approved by the commission.

     (h) Reporting.

     (1) By September 1, 2023, and on the first day of September of every year thereafter, or

upon request by the commission, each cannabis establishment licensed under this chapter and § 21-

28.6-12 ("The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act") shall report to

the commission, on a form to be provided by the commission, information that will allow it to

assess the extent of diversity in the medical and adult use cannabis industry and methods for further

reducing or eliminating any identified barriers to entry, including without limitation, access to

capital.

     (2) Failure of a cannabis establishment to respond to the request of the commission to

complete the form, report, and any other request for information may be grounds for disciplinary

action by the commission pursuant to this chapter. The information to be collected shall identify,

without limitation, the following:

     (i) The number and percentage of licenses provided to social equity applicants;

     (ii) The total number and percentage of employees in the cannabis industry who meet the

criteria in the definition of social equity applicant; and

     (iii) Recommendations on reducing or eliminating any identified barriers to entry,

including access to capital, in the cannabis industry.


 

 

 

620)

Section

Added Chapter Numbers:

 

21-28.11-32

123 and 124

 

 

21-28.11-32. Severability.

     If any provision of this chapter or its application thereof to any person or circumstance is

held invalid, such invalidity shall not affect other provisions or applications of this chapter, which

can be given effect without the invalid provision or application, and to this end the provisions of

this chapter are declared to be severable.


 

 

 

621)

Section

Repealed Chapter Numbers:

 

22-1-1

5 and 6

 

 

22-1-1. [Repealed].


 

 

 

622)

Section

Added Chapter Numbers:

 

22-1-1

5 and 6

 

 

22-1-1. Composition of senate.

     Commencing on the first Tuesday in January, 2023, the senate shall consist of thirty-eight

(38) senators, one senator being elected from each of the senatorial districts into which the state is

divided in § 22-1-2.


 

 

 

 

623)

Section

Repealed Chapter Numbers:

 

22-1-2

5 and 6

 

 

22-1-2. [Repealed].


 

 

 

 

624)

Section

Added Chapter Numbers:

 

22-1-2

5 and 6

 

 

22-1-2. Districts.

     The state is hereby divided into thirty-eight (38) senatorial districts bounded and described

as follows:

     (1) It is understood and intended that for the purpose of this section a line described as

running on, on, to or through any street (including road, avenue, lane, way, parkway, expressway,

divided highway, state route or interstate route, or trail), stream or river, is intended to mean the

center line of that street, stream or river, and a line described as the shoreline is intended to mean

the line on the mean low water level, and a feature extension is intended to mean the imaginary

straight-line extension from the end of a map feature, usually a street or road, to another feature, as

for example, from the end of a dead-end street to a nearby river, in all instances, unless it shall be

otherwise specified.

     (2) It is further understood and intended that for the purpose of this section, the districts

described in this section shall be composed of United States census geography (tracts and blocks),

as defined by the 2020 version of the "TIGER" files from the United States Census Bureau, whose

boundaries correspond to the below metes and bounds set forth in this section and which are hereby

made a part of this chapter. A listing of which census blocks are contained within each district shall

be deemed to be incorporated by reference.

     (3)(i) It is further understood and intended that for the purpose of this section, the districts

will be depicted on thirty-nine (39) maps known as Senate Plan D -- Substitute A, compiled by

Election Data Services, Inc. for each city and town, and hereinafter may be referred to as town

maps.

     (ii) The secretary of state shall keep a copy of each set of the foregoing maps and a copy

of the census tract and block listing available for inspection during ordinary business hours at his

or her office. The secretary of state shall furnish each city and town a copy of the town map covering

that particular city or town within ten (10) days from the passage of this act.

     (iii) For purposes of this title, references to "tract" or "CT" shall mean "census tract," as

that demographic unit is established by the United States Bureau of the census for the 2020 census

as described by maps and publications of the bureau. References to "block," "blocks," or "block

"groups," refer to those demographic units as established by the United States Census Bureau for

the 2020 census as described by maps and publications of the bureau.

     (iv) Any reference to a "city or town," "city or town boundaries," or "city or town limits"

shall refer to the boundaries or limits of the particular city or town as defined by the 2020 version

of the "TIGER" files from the United States Census Bureau.

     (v) In the census tract and block listing, the first two (2) digits of a census description shall

refer to the State of Rhode Island (44), the next three (3) digits of a census description shall refer

to the county in which the district lies. Bristol county carries the code 001; Kent county carries the

code 003; Newport county carries the code 005; Providence county carries the code 007; and

Washington county carries the code 009. The next six (6) digits refer to the census tract within the

county set forth in the description. The last four (4) digits refer to the census block within the census

tract. "TIGER" is an acronym for the computer readable geographic data base that automates the

mapping and related geographic activities required to support the United States' Census Bureau's

census and survey programs and stands for "Topologically Integrated Geographic Encoding and

Referencing."

     (vi) If any census tract, block, block group, or enumeration district is omitted, listed more

than once, or is only partially provided for, it is intended that the districts be defined in such a

manner as to not omit any area of Rhode Island from a district and to comply with the standard of

Articles VII and VIII of the Rhode Island Constitution requiring that districts be reasonably equal.

In order to carry out the intent of the general assembly as expressed in this section the secretary of

state shall, if necessary, undertake measures to insure compliance with this section.

     (vii) In the event of a discrepancy between the metes and bounds description, the

description of census tracts and blocks, and the maps which shall be on file with the secretary of

state, then the listing of census tracts and blocks shall take precedence and be controlling.

     First district: The first senatorial district shall consist of all that part of the city of

Providence bounded by a line beginning at the I-95 ramp and Memorial Blvd; thence easterly on

Memorial Blvd to Exchange St; thence northwesterly on Exchange St to Railroad St; thence

northeasterly on Railroad St to the eastern boundary line of Providence Amtrak Station and the

New York New Haven and Hartford RR; thence northerly on New York New Haven and Hartford

RR to I-95; thence northeasterly on I-95 to the Providence -- Pawtucket boundary line; thence

westerly on the Providence -- Pawtucket boundary line to the Providence -- North Providence

boundary line; thence westerly on the Providence -- North Providence boundary line to State Route

146; thence southerly on State Route 146 to Branch Ave; thence westerly on Branch Ave to Moy

St; thence southerly on Moy St to Concannon St; thence westerly on Concannon St to Douglas

Ave; thence southeasterly on Douglas Ave to River Ave; thence southerly on River Ave to

Chalkstone Ave; thence northeasterly on Chalkstone Ave to Lisbon St; thence southeasterly on

Lisbon St to Berkley St; thence southwesterly on Berkley St to Robin St; thence southeasterly on

Robin St to Prescott St; thence northeasterly on Prescott St to Wolcott St; thence southeasterly on

Wolcott St to Valley St; thence northeasterly on Valley St to Pleasant Valley Pkwy; thence

southeasterly on Pleasant Valley Pkwy to Woonasquatucket River; thence easterly on

Woonasquatucket River to I-95; thence southerly on I-95 to the point of origin.

     Second district: The second senatorial district shall consist of all of that part of the city of

Providence bounded by a line beginning at I-95 and the Providence -- Cranston boundary line;

thence westerly and northwesterly on the Providence -- Cranston boundary line to Webster Ave;

thence northerly on Webster Ave to Plainfield St; thence westerly on Plainfield St to Ralph St;

thence northerly on Ralph St to Eastwood Ave; thence westerly on Eastwood Ave to Laurel Hill

Ave; thence northerly on Laurel Hill Ave to Hartford Ave; thence easterly on Hartford Ave to US

Highway 6; thence southeasterly and northerly on US Highway 6 to Westminster St; thence easterly

on Westminster St to Messer St; thence southerly on Messer St to census block 440070013004007

thence southerly and westerly on the boundary line between census blocks 440070013004000 --

440070013004007, 440070013004006 -- 440070013004008 and 440070013004001 --

440070013004009 to Willow St; thence westerly on Willow St to Ellery St; thence southerly on

Ellery St to Chapin Ave; thence easterly on Chapin Ave to Messer St; thence southerly on Messer

St to Ford St; thence easterly on Ford St to Bucklin St; thence southerly on Bucklin St to Bellevue

Ave; thence easterly on Bellevue Ave to Plenty St; thence easterly on Plenty St to Broad St; thence

southwesterly on Broad St to I-95; thence southwesterly on I-95 to the point of origin.

     Third district: The third senatorial district shall also consist of all of that part of the city

of Providence bounded by a line beginning at Hope St and the Providence -- Pawtucket boundary

line; thence easterly on the Providence -- Pawtucket boundary line to the Providence -- East

Providence boundary line; thence southerly on the Providence -- East Providence boundary to the

Providence Harbor and the line extending from the Providence River; thence northwesterly on the

Providence River to the Moshassuck River; thence northerly on the Moshassuck River to Charles

St; thence northerly on Charles St to Stevens St; thence easterly on Stevens St to Hewes St; thence

northeasterly on Hewes St to N Main St; thence southerly on N Main St to Olney St; thence easterly

on Olney St to Camp St; thence northeasterly on Camp St to Carrington Ave; thence easterly on

Carrington Ave to Hope St; thence northeasterly on Hope St to the point of origin.

     Fourth district: The fourth senatorial district shall consist of all of that part of the town of

North Providence bounded by a line beginning at the Smithfield -- North Providence boundary line

and Smithfield Road; thence southeasterly on Smithfield Rd to census block 440070121043001;

thence southerly, easterly and westerly on the boundary line between census blocks

440070121043002 -- 440070121043001, 440070121043002 -- 440070121043000,

440070121043002 440070119021003, 440070121043002 -- 440070121043019,

440070121043002 -- 440070121043011 and 440070121043002 -- 440070121043005 to

Bicentennial Way; thence westerly on Bicentennial Way to Locust Ave; thence southerly on Locust

Ave to Jacksonia Dr; thence westerly on Jacksonia Dr to Joslin St; thence southerly on Joslin St to

census block 440070121032014; thence easterly and southerly on the boundary line between

census blocks 440070121032014 -- 440070121032013 to census block 440070121032015; thence

westerly on the boundary line between census blocks 440070121032014 -- 440070121032015 to

the intersection of Walter Ave and Joslin St; thence southerly on Joslin St to Mineral Spring Ave;

thence easterly on Mineral Spring Ave to Howard Ave; thence southerly on Howard Ave to Hobson

Ave; thence southwesterly on Hobson Ave to Dewey Ave; thence southerly on Dewey Ave to Smith

St; thence easterly on Smith St to Atlantic Blvd; thence southwesterly on Atlantic Blvd to Swan St;

thence southeasterly on Swan St to Sykes St; thence westerly and southerly on Sykes St to Intervale

Ave; thence easterly on Intervale Ave to Cranberry Rd; thence southerly on Cranberry Rd to

Humbert St; thence westerly on Humbert St to Greenville Ave; thence southerly on Greenville Ave

to Lyman Ave; thence westerly on Lyman Ave to Woonasquatucket Ave; thence northerly on

Woonasquatucket Ave to Testa Dr; thence westerly on Testa Dr and its extension to the Johnston -

- North Providence boundary line; thence southerly on the Johnston -- North Providence boundary

line to the Providence -- North Providence boundary line; thence northeasterly on the Providence -

- North Providence boundary line to the North Providence -- Pawtucket boundary line; thence

northerly on the North Providence -- Pawtucket boundary line to the Lincoln -- North Providence

boundary line; thence westerly on the Lincoln -- North Providence boundary line to State Route

146; thence southerly on State Route 146 to the line extending from Sudbury St; thence westerly

on Sudbury St to Augusta Ave; thence northerly on Augusta Ave to Young St; thence westerly on

Young St to Palm St; thence northerly on Palm St to Monticello St; thence southwesterly on

Monticello St to Woodward Rd; thence southerly on Woodward Rd to Angell Rd; thence westerly

on Angell Rd to Benjamin Dr; thence westerly on Benjamin Dr to Evergreen Pkwy; thence

northerly on Evergreen Pkwy to census block 440070119022003; thence northerly and westerly on

the boundary line between census blocks 440070119022003 -- 440070119023000 to Angell Rd;

thence northerly on Angell Rd to the Lincoln -- North Providence boundary line; thence westerly

on the Lincoln -- North Providence boundary line to the Smithfield -- North Providence boundary

line; thence westerly on the Smithfield -- North Providence boundary line to the point of origin.

     The fourth senatorial district shall also consist of all of that part of the city of Providence

bounded by a line beginning at the Providence -- North Providence boundary line and State Route

146; thence southerly on State Route 146 to Branch Ave; thence westerly on Branch Ave to Moy

St; thence southerly on Moy St to Concannon St; thence westerly on Concannon St to Douglas

Ave; thence southeasterly on Douglas Ave to River Ave; thence southerly on River Ave to Admiral

St; thence northwesterly on Admiral St to Texas Ave; thence westerly on Texas Ave to Gentian

Ave; thence southerly on Gentian Ave to Smith St; thence northwesterly on Smith St to Old Rd;

thence westerly on Old Rd to the northern boundary line of Rhode Island College; thence westerly

on the northern boundary line of Rhode Island College to the Providence -- North Providence

boundary line; thence northeasterly on the Providence -- North Providence boundary line to the

point of origin.

     Fifth: The fifth senatorial district shall consist of all of that part of the city of Providence

bounded by a line beginning at Westminster St and I-95; thence westerly on Westminster St to

Bridgham St; thence southerly on Bridgham St to Cranston St; thence southwesterly on Cranston

St to Chapin Ave; thence westerly on Chapin Ave to Ellery St; thence northerly on Ellery St to

Willow St; thence easterly on Willow St to census block 440070013004009; thence northerly and

easterly on the boundary line between census blocks 440070013004001 -- 440070013004009,

440070013004006 -- 440070013004008, and 440070013004000 -- 440070013004007 to Messer

St; thence northerly on Messer St to Westminster St; thence westerly on Westminster St to State

Highway 10; thence northeasterly on State Highway 10 to Atwells Ave; thence westerly on Atwells

Ave to Lynch St; thence northerly on Lynch St to Fairview St; thence westerly on Fairview St to

Parnell St; thence northerly on Parnell St to Cloud St; thence westerly on Cloud St to Sisson St;

thence southerly on Sisson St to Actina St; thence westerly on Actina St to Imera St; thence

northerly on Imera St to the eastern boundary line of Triggs Memorial Golf Course; thence

northerly on the eastern boundary line of Triggs Memorial Golf Course to Galileo Ave; thence

northeasterly on Galileo Ave to Standish Ave; thence northerly on Standish Ave to Rialto St; thence

easterly on Rialto St to Mt Pleasant Ave; thence northerly on Mt Pleasant Ave to Old Rd; thence

easterly on Old Rd to Smith St; thence southeasterly on Smith St to Gentian Ave; thence

northeasterly on Gentian Ave to Texas Ave; thence easterly on Texas Ave to Admiral St; thence

southeasterly on Admiral St to River Ave; thence southerly on River Ave to Chalkstone Ave; thence

northeasterly on Chalkstone Ave to Lisbon St; thence southeasterly on Lisbon St to Berkley St;

thence southwesterly on Berkley St to Robin St; thence southeasterly on Robin St to Prescott St;

thence northeasterly on Prescott St to Wolcott St; thence southeasterly on Wolcott St to Valley St;

thence northeasterly on Valley St to Pleasant Valley Pkwy; thence southeasterly on Pleasant Valley

Pkwy to the Woonasquatucket River; thence easterly on the Woonasquatucket River to I-95; thence

southerly on I-95 to the point of origin.

     Sixth district: The sixth senatorial district shall consist of all that part of the city of

Providence bounded by a line beginning at the I-95 ramp and Memorial Blvd; thence southerly on

I-95 to Westminster St; thence westerly on Westminster St to Bridgham St; thence southerly on

Bridgham St to Cranston St; thence southwesterly on Cranston St to Chapin Ave; thence westerly

on Chapin Ave to Messer St; thence southerly on Messer St to Ford St; thence easterly on Ford St

to Bucklin St; thence southerly on Bucklin St to Bellevue Ave; thence easterly on Bellevue Ave to

Plenty St; thence easterly on Plenty St to Broad St; thence southwesterly on Broad St to Washington

Ave; thence easterly on Washington Ave to Michigan Ave; thence northerly on Michigan Ave to

census block 440070001011006; thence easterly and northerly on the boundary line between census

blocks 440070001011006 -- 440070001011007 to census block 440070001011008; thence

northerly and easterly on the western boundary line of census block 440070001011008 to Shipyard

St; thence northwesterly on Shipyard St to Ernest St; thence westerly on Ernest St to Allens Ave;

thence northerly on Allens Ave to census block 440070006001096; thence easterly on the boundary

line between census blocks 440070006001096 -- 440070001011001 on the line extending to the

Providence River; thence northwesterly on the Providence River to the Moshassuck River; thence

northerly on the Moshassuck River to Charles St; thence northerly on Charles St to Stevens St;

thence easterly on Stevens St to Hewes St; thence northeasterly on Hewes St to N Main St; thence

southerly on N Main St to Olney St; thence easterly on Olney St to Camp St; thence northeasterly

on Camp St to Carrington Ave; thence easterly on Carrington Ave to Hope St; thence northeasterly

on Hope St to Cypress St; thence westerly on Cypress St to Ivy St; thence northerly on Ivy St to

Evergreen St; thence westerly on Evergreen St to Camp St; thence northerly on Camp St to

Rochambeau Ave; thence westerly on Rochambeau Ave to N Main St; thence southerly on N Main

St to Branch Ave; thence northwesterly on Branch Ave to I-95; thence southerly on I-95 to New

York New Haven and Hartford RR; thence southerly on the New York New Haven and Hartford

RR to the eastern boundary line of Providence Amtrak Station and Railroad St; thence

southwesterly on Railroad St to Exchange St; thence southeasterly on Exchange St to Memorial

Blvd; thence westerly on Memorial Blvd to the point of origin.

     Seventh district: The seventh senatorial district shall consist of all of that part of the city

of Providence bounded by a line beginning at the Providence -- Cranston boundary line and

Webster Ave; thence northerly on Webster Ave to Plainfield St; thence westerly on Plainfield St to

Ralph St; thence northerly on Ralph St to Eastwood Ave; thence westerly on Eastwood Ave to

Laurel Hill Ave; thence northerly on Laurel Hill Ave to Hartford Ave; thence easterly on Hartford

Ave to US Highway 6; thence southeasterly and northerly on US Highway 6 to Atwells Ave; thence

westerly on Atwells Ave to Lynch St; thence northerly on Lynch St to Fairview St; thence westerly

on Fairview St to Parnell St; thence northerly on Parnell St to Cloud St; thence westerly on Cloud

St to Sisson St; thence southerly on Sisson St to Actina St; thence westerly on Actina St to Imera

St; thence northerly on Imera St to the eastern boundary line of Triggs Memorial Golf Course;

thence northerly on the eastern boundary line of Triggs Memorial Golf Course to Galileo Ave;

thence northeasterly on Galileo Ave to Standish Ave; thence northerly on Standish Ave to Rialto

St; thence easterly on Rialto St to Mt Pleasant Ave; thence northerly on Mt Pleasant Ave to census

block 440070024006004; thence westerly on the northern boundary line of Rhode Island College

to the Providence -- North Providence boundary line; thence southwesterly on the Providence --

North Providence boundary line to the Providence -- Johnston boundary line; thence southerly on

the Providence -- Johnston boundary line to the Providence -- Cranston boundary line; thence

easterly on the Providence -- Cranston boundary line to the point of origin.

     The seventh senatorial district shall also consist of all of that part of the town of Johnston

bounded by a line beginning at the Providence -- Johnston boundary line and Plainfield St; thence

southerly on Plainfield St to Morgan Ave; thence westerly on Morgan Ave to School St; thence

southwesterly on School St to census block 440070125001021; thence northerly on the eastern

boundary lines of census blocks 440070125001021 and 440070125001014 to Downing Dr; thence

northerly on Downing Dr to Central Ave; thence northeasterly on Central Ave to Alden St; thence

northerly on Alden St to Boundary Ave; thence easterly on Boundary Ave to Harding Ave; thence

northerly on Harding Ave to York Rd; thence easterly on York Rd to census block

440070124021024; thence northerly and easterly on the boundary line between census blocks

440070124021024 -- 440070124021027 and 440070124021024 - 440070124021025 to the

Providence -- Johnston boundary line; thence southerly on the Providence -- Johnston boundary

line to the point of origin.

     Eighth district: The eighth senatorial district shall consist of all of that part of the city of

Pawtucket bounded by a line beginning at the Pawtucket -- East Providence boundary line and Ten

Mile River; thence northerly on Ten Mile River to utility right of way; thence westerly on utility

right of way to Newport Ave; thence northerly on Newport Ave to Loring Pkwy; thence easterly

on Loring Pkwy to the western boundary line of Slater Memorial Park, then northerly on the

western boundary line of Slater Memorial Park to Slater Park Ave; thence northerly on Slater Park

Ave to Waterman St; thence westerly on Waterman St to Newport Ave; thence northerly on

Newport Ave to Armistice Blvd; thence westerly on Armistice Blvd to George Bennett Hwy;

thence northerly on George Bennett Hwy to Central Ave; thence westerly on Central Ave to N

Bend St; thence southerly on N Bend St to Walcott St; thence westerly on Walcott St to I-95; thence

southwesterly on I-95 to George St; thence northerly on George St to Park Place W; thence

northerly on Park Place W to Main St; thence continuing northerly on Main St and Dexter St to

Goff Ave; thence northeasterly on Goff Ave to Exchange St; thence easterly on Exchange St to the

Blackstone River; thence northerly on the Blackstone River to the Pawtucket -- Central Falls

boundary line; thence northerly on the Pawtucket -- Central Falls boundary line to the Rhode Island

-- Massachusetts boundary line; thence easterly and southerly on the Rhode Island -- Massachusetts

boundary line to the Pawtucket -- East Providence boundary line; thence westerly on the Pawtucket

-- East Providence boundary line to the point of origin.

     Ninth district: The ninth senatorial district shall consist of all of that part of the town of

West Warwick bounded by a line beginning at the intersection of the Cranston -- West Warwick

boundary line and Natick Rd; thence southerly on Natick Rd to Wakefield St; thence southeasterly

on Wakefield St to Wilson St; thence southerly on Wilson St to Prospect Hill Ave; thence easterly

on Prospect Hill Ave to Providence St; thence southerly on Providence St to New London Ave and

the West Warwick -- Warwick boundary line; thence southwesterly, easterly, and southerly on the

West Warwick -- Warwick boundary line to the West Warwick -- East Greenwich boundary line;

thence westerly on the West Warwick -- East Greenwich boundary line to the West Warwick --

Coventry boundary line; thence northerly on the West Warwick -- Coventry boundary line to the

Cranston -- West Warwick boundary line; thence easterly on the Cranston -- West Warwick

boundary line to the point of origin.

     Tenth district: The tenth senatorial district shall consist of all of the town of Warren.

     The tenth senatorial district shall also consist of all of that part of the town of Bristol

bounded by a line beginning at the Bristol -- Warren boundary line and Hope St; thence southerly

on Hope St to Tupelo St; thence easterly on Tupelo St to Metacom Ave; thence southerly on

Metacom Ave to Chestnut St; thence westerly on Chestnut St to Sherry Ave; thence southerly on

Sherry Ave to Bayview Ave; thence easterly on Bayview Ave to Metacom Ave; thence southerly

on Metacom Ave to census block 440010309013030; thence easterly on the boundary line between

census blocks 440010309013030 -- 440010309013012 and 440010309013029 --

440010309013005 extending to the Mount Hope Bay and the Bristol -- Tiverton boundary line;

thence northeasterly on the Bristol -- Tiverton boundary line to the Bristol -- Warren boundary line;

thence northwesterly and westerly on the Bristol -- Warren boundary line to the point of origin.

     The tenth senatorial district shall also consist of all of that part of the town of Tiverton

bounded by a line beginning at the Portsmouth -- Tiverton boundary line and the inlet to

Nannaquaket Pond; thence southeasterly on the inlet of Nannaquaket Pond to Nannaquaket Rd;

thence northeasterly on Nannaquaket Rd to Main Rd; thence southeasterly on Main Rd to

Bulgarmarsh Rd; thence northeasterly on Bulgarmarsh Rd to Fish Rd; thence northerly on Fish Rd

to State Highway 24; thence northeasterly on State Highway 24 to census block 440050417011014;

thence southeasterly on the boundary line between census blocks 440050417011011 --

440050417011014 and 440050417011011 -- 440050417011021 to census block

440050417011034; thence easterly on the boundary line between census blocks 440050417011021

-- 440050417011034 to Stafford Pond; thence southeasterly and northerly on the shoreline of

Stafford Pond to the line extending from Mark Dr; thence easterly on Mark Dr to Stafford Rd;

thence northerly on Stafford Rd to Fairwood Dr; thence easterly on Fairwood Dr to the southern

segment of Captains Cir; thence easterly on Captains Cir to the Rhode Island -- Massachusetts

boundary line; thence northerly and easterly on the Rhode Island -- Massachusetts boundary line

to the Warren -- Tiverton boundary line; thence southerly on the Warren -- Tiverton boundary line

to the point of origin.

     Eleventh district: The eleventh senatorial district shall consist of all of the town of

Portsmouth.

     The eleventh senatorial district shall also consist of all of that part of the town of Bristol

bounded by a line beginning at the line extending from State St and Bristol Harbor; thence easterly

on State St to Hope St; thence northerly on Hope St to Chestnut St; thence easterly on Chestnut St

to Sherry Ave; thence southerly on Sherry Ave to Bayview Ave; thence easterly on Bayview Ave

to Metacom Ave; thence southerly on Metacom Ave to census block 440010309013030; thence

easterly on the boundary line between census blocks 440010309013030 -- 440010309013012 and

440010309013029 -- 440010309013005 extending to the Mount Hope Bay and the Bristol --

Tiverton boundary line; thence southerly on the Bristol -- Tiverton boundary line to the Bristol --

Portsmouth boundary line; thence southwesterly and northwesterly on the Bristol -- Portsmouth

boundary line to Bristol Harbor; thence northerly on the shore of Bristol Harbor to the point of

origin.

     Twelfth district: The twelfth senatorial district shall consist of all of the town of

Middletown.

     The twelfth senatorial district shall also consist of all of the town of Little Compton.

     The twelfth senatorial district shall also consist of all of that part of the town of Tiverton

bounded by a line beginning at the Portsmouth -- Tiverton boundary line and the inlet to

Nannaquaket Pond; thence southeasterly in the inlet of Nannaquaket Pond to Nannaquaket Rd;

thence northeasterly on Nannaquaket Rd to Main Rd; thence southeasterly on Main Rd to

Bulgarmarsh Rd; thence northeasterly on Bulgarmarsh Rd to Fish Rd; thence northwesterly on Fish

Rd to State Highway 24; thence northeasterly on State Highway 24 to census block

440050417011014; thence southeasterly on the boundary line between census blocks

440050417011011 -- 440050417011014 and 440050417011011 -- 440050417011021 to census

block 440050417011034; thence easterly on the boundary line between census blocks

440050417011021 -- 440050417011034 to Stafford Pond; thence southeasterly and northerly on

the shoreline of Stafford Pond to the line extending from Mark Dr; thence easterly on Mark Dr to

Stafford Rd; thence northerly on Stafford Rd to Fairwood Dr; thence easterly on Fairwood Dr to

the southern segment of Captains Cir; thence easterly on Captains Cir to the Rhode Island --

Massachusetts boundary line; thence southerly on the Rhode Island -- Massachusetts boundary line

to the Tiverton -- Little Compton boundary line; thence westerly on the Tiverton -- Little Compton

boundary line to the Portsmouth -- Tiverton boundary line; thence northerly on the Portsmouth --

Tiverton boundary line to the point of origin.

     The twelfth senatorial district shall also consist of all of that part of the city of Newport

bounded by a line beginning at the Middletown -- Newport boundary line and Broadway; thence

southerly on Broadway to Vernon Ave; thence southeasterly on Vernon Ave to census block

440050406001017; thence southerly on the eastern boundary line of census block

440050406001017 to Almy St; thence southerly on Almy St to Bliss Rd; thence southwesterly on

Bliss Rd to Broadway; thence southerly on Broadway to Cranston Ave; thence easterly on Cranston

Ave to Kay St; thence northeasterly on Kay St to Prairie Ave; thence southeasterly on Prairie Ave

to Ellery Rd; thence easterly on Ellery Rd to Easton Pond; thence southerly and easterly on the

pond shoreline to the Middletown -- Newport boundary line; thence northerly on the Middletown

-- Newport boundary line to the point of origin.

     Thirteenth district: The thirteenth senatorial district shall consist of all of that part of the

city of Newport bounded by a line beginning at the Middletown -- Newport boundary line and

Broadway; thence southerly on Broadway to Vernon Ave; thence southeasterly on Vernon Ave to

census block 440050406001017; thence southerly on the eastern boundary line of census block

440050406001017 to Almy St; thence southerly on Almy St to Bliss Rd; thence southwesterly on

Bliss Rd to Broadway; thence southerly on Broadway to Cranston Ave; thence easterly on Cranston

Ave to Kay St; thence northeasterly on Kay St to Prairie Ave; thence southeasterly on Prairie Ave

to Ellery Rd; thence easterly on Ellery Rd to Easton Pond; thence southerly and easterly on the

pond shoreline to the Middletown -- Newport boundary line; thence southerly on the Middletown

-- Newport boundary line to the Atlantic Ocean; thence westerly southerly, and northerly on the

shoreline to the Middletown -- Newport boundary line; thence southeasterly on the Middletown --

Newport boundary line to the point of origin.

     The thirteenth senatorial district shall also consist of all of that part of the city of Newport

known as Coasters Harbor Island (U.S. Naval Station).

     The thirteenth senatorial district shall also consist of all of the town of Jamestown.

     Fourteenth district: The fourteenth senatorial district shall consist of all of that part of the

city of East Providence bounded by a line beginning at the Pawtucket -- East Providence boundary

line and Newport Ave; thence westerly on the Pawtucket -- East Providence boundary line to the

Providence -- East Providence boundary line; thence southerly on the Providence -- East

Providence boundary line to the line extending from Waterview Ave; thence easterly on the line

extending from Waterview Ave to Sunnyside Ave; thence northerly on Sunnyside Ave to Boyden

Blvd; thence easterly on Boyden Blvd to Pawtucket Ave; thence southerly on Pawtucket Ave to

Village Green N; thence easterly on Village Green N to census block 440070105024003; thence

northerly and easterly on the boundary line between census blocks 440070105024003 --

440070105024001 to census block 440070105023019; thence northerly and easterly on the western

and northern boundary line of census block 440070105023019 to East Shore Expy; thence northerly

on East Shore Expy N to I-195; thence westerly on I-195 to Pawtucket Ave; thence northerly on

Pawtucket Ave to Centre St; thence northwesterly on Centre St to N Broadway; thence northerly

on N Broadway to Geenwood Ave; thence northwesterly on Greenwood Ave to railroad tracks;

thence northeasterly on railroad tracks to Pawtucket Ave; thence northwesterly on Pawtucket Ave

to Newport Ave; thence northerly on Newport Ave to the point of origin.

     Fifteenth district: The fifteenth senatorial district shall consist of all of that part of the city

of Pawtucket bounded by a line beginning at the Pawtucket -- Lincoln boundary line and

Moshassuck Industrial Hwy; thence southerly on Moshassuck Industrial Hwy to Weeden St; thence

easterly on Weeden St to Lorraine St; thence southerly on Lorraine St to Mineral Spring Ave;

thence easterly on Mineral Spring Ave to Church St; thence easterly on Church St to George St;

thence southerly on George St to I-95; thence northeasterly on I-95 to Prospect St; thence

southeasterly on Prospect St to the utility right of way; thence northeasterly on the utility right of

way to census block 440070171003029; thence southerly on the boundary line between census

blocks 440070171003029 -- 440070171003019 to Notre Dame Ave; thence southerly on Notre

Dame Ave to Beverage Hill Ave; thence westerly on Beverage Hill Ave to School St; thence

southerly on School St to census block 440070171001025; thence westerly on the boundary line

between census blocks 440070171001025 -- 440070171001007 to the Seekonk River; thence

southerly on the Seekonk River to the Pawtucket -- East Providence boundary line; thence westerly

on the Pawtucket -- East Providence boundary line to the Providence -- Pawtucket boundary line;

thence northwesterly on the Providence -- Pawtucket boundary line to the North Providence --

Pawtucket boundary line; thence northerly on the North Providence -- Pawtucket boundary line to

the Pawtucket -- Lincoln boundary line; thence easterly on the Pawtucket -- Lincoln boundary line

to the point of origin.

     The fifteenth senatorial district shall also consist of all of that part of the city of Providence

bounded by a line beginning at I-95 and the Providence -- Pawtucket boundary line; thence easterly

on the Providence -- Pawtucket boundary line to Hope St; thence southerly on Hope St to Cypress

St; thence westerly on Cypress St to Ivy St; thence northerly on Ivy St to Evergreen St; thence

westerly on Evergreen St to Camp St; thence northerly on Camp St to Rochambeau Ave; thence

westerly on Rochambeau Ave to N Main St; thence southerly on N Main St to Branch Ave; thence

northwesterly on Branch Ave to I-95; thence northerly on I-95 to the point of origin.

     Sixteenth district: The sixteenth senatorial district shall consist of all of the city of Central

Falls.

     The sixteenth senatorial district shall also consist of all of that part of the city of Pawtucket

bounded by a line beginning at the Pawtucket -- Lincoln boundary line and Moshassuck Industrial

Hwy; thence southerly on Moshassuck Industrial Hwy to Weeden St; thence easterly on Weeden

St to Lorraine St; thence southerly on Lorraine St to Mineral Spring Ave; thence easterly on Mineral

Spring Ave to Church St; thence easterly on Church St to Park Place W; thence northerly on Park

Place W to Main St; thence northerly on Main St and Dexter St to Goff Ave; thence northeasterly

on Goff Ave to Exchange St; thence easterly on Exchange St to the Blackstone River; thence

northerly on the Blackstone River to the Pawtucket -- Central Falls boundary line; thence westerly

on the Pawtucket -- Central Falls boundary line to the Pawtucket -- Lincoln boundary line; thence

westerly on the Pawtucket -- Lincoln boundary line to the point of origin.

     Seventeenth district: The seventeenth senatorial district shall consist of all of that part of

the town of Lincoln bounded by a line beginning at the Cumberland -- Lincoln boundary line and

Lonsdale Ave; thence southerly on Lonsdale Ave to Cook St; thence westerly on Cook St to

Carrington St; thence southwesterly on Carrington St to Front St; thence southwesterly on Front St

to Grove St; thence northwesterly on Grove St to Union St; thence southwesterly on Union St to

Pleasant St; thence northerly on Pleasant St to Leicester Dr; thence southwesterly on Leicester Dr

to census block 440070117011037; thence southwesterly on the boundary line between census

blocks 440070117011037 -- 440070117011035 to Sweeney St; thence southwesterly on Sweeney

St to River Rd; thence southwesterly on River Rd to Great Rd; thence southerly on Great Rd to

Smithfield Ave; thence southerly on Smithfield Ave to Sayesville Pond; thence southeasterly on

the eastern shoreline of Sayesville Pond to Walker St; thence easterly on Walker St to Moshassuck

Rd; thence southeasterly on Moshassuck Rd to Conduit St; thence northeasterly on the line

extending from Conduit St to the Central Falls -- Lincoln boundary line; thence southerly on the

Central Falls -- Lincoln boundary line to the Lincoln -- Pawtucket boundary line; thence westerly

on the Lincoln -- Pawtucket boundary line to the Lincoln -- North Providence boundary line; thence

westerly on the Lincoln -- North Providence boundary line to Wenscott Reservoir; thence northerly

on Wenscott Reservoir to census block 440070116002027; thence northerly on the boundary line

between census blocks 440070116002026 -- 440070116002027 to Angell Rd; thence northerly on

Angell Rd to Jenckes Hill Rd; thence northwesterly on Jenckes Hill Rd to Limerock Rd; thence

westerly on Limerock Rd to the Smithfield -- Lincoln boundary line; thence northerly on the

Smithfield -- Lincoln boundary line to the North Smithfield -- Lincoln boundary line; thence

northerly on the North Smithfield -- Lincoln boundary line to the Cumberland -- Lincoln boundary

line; thence southeasterly on the Cumberland -- Lincoln boundary line to the point of origin.

     The seventeenth senatorial district shall also consist of all of that part of the town of North

Providence bounded by a line beginning at the Lincoln -- North Providence boundary line and State

Route 146; thence southerly on State Route 146 to the line extending from Sudbury St; thence

westerly on Sudbury St to Augusta Ave; thence northerly on Augusta Ave to Young St; thence

westerly on Young St to Palm St; thence northerly on Palm St to Monticello St; thence

southwesterly on Monticello St to Woodward Rd; thence southerly on Woodward Rd to Angell Rd;

thence westerly on Angell Rd to Benjamin Dr; thence westerly on Benjamin Dr to Evergreen Pkwy;

thence northerly on Evergreen Pkwy to census block 440070119022003; thence northerly and

westerly on the boundary line between census blocks 440070119022003 -- 440070119023000 to

Angell Rd; thence northerly on Angell Rd to the Lincoln -- North Providence boundary line; thence

easterly on the Lincoln -- North Providence boundary line to the point of origin.

     The seventeenth senatorial district shall also consist of all of that part of the town of North

Smithfield bounded by a line beginning at the Burrillville -- North Smithfield boundary line and

the Slatersville Reservoir; thence northeasterly on the Slatersville Reservoir to Railroad St; thence

northwesterly on Railroad St to Main St; thence easterly on Main St to Greene St; thence

northeasterly on Greene St to School St; thence easterly on School St to the utility right of way;

thence southeasterly on the utility right of way to Woonsocket Hill Rd; thence northeasterly on

Woonsocket Hill Rd to State Route 146A; thence easterly on State Route 146A to the Woonsocket

-- North Smithfield boundary line; thence easterly on the Woonsocket -- North Smithfield boundary

line to the North Smithfield -- Lincoln boundary line; thence southerly on the North Smithfield --

Lincoln boundary line to the North Smithfield -- Smithfield boundary line; thence westerly on the

North Smithfield -- Smithfield boundary line to the Burrillville -- North Smithfield boundary line;

thence northerly on the Burrillville -- North Smithfield boundary line to the point of origin.

     Eighteenth district: The eighteenth senatorial district shall consist of all of that part of the

city of East Providence bounded by a line beginning at the Pawtucket -- East Providence boundary

line and Newport Ave; thence easterly on the Pawtucket -- East Providence boundary line to the

Rhode Island -- Massachusetts boundary line; thence southerly on the Rhode Island --

Massachusetts boundary line to Mink St; thence southerly on Mink St to Wampanoag Trl; thence

southerly on Wampanoag Trl to Socony Rd; thence westerly on Socony Rd to census block

440070105024012; thence southwesterly on the eastern boundary line of census block

440070105024012 to census block 440070105024016; thence southerly on the western boundary

lines of census block 440070105024016 to Willett Ave; thence southeasterly on Willett Ave to

Crescent View Ave; thence westerly on Crescent View Ave to Beach Rd; thence westerly on Beach

Rd and its extension to Narragansett Bay and the Cranston -- East Providence boundary line; thence

northerly on the Cranston -- East Providence boundary line to the Providence -- East Providence

boundary line; thence northerly on the Providence -- East Providence boundary line to the line

extending from Waterview Ave; thence easterly on the line extending from Waterview Ave to

Sunnyside Ave; thence northerly on Sunnyside Ave to Boyden Blvd; thence easterly on Boyden

Blvd; thence southerly on Pawtucket Ave to Village Green N; thence easterly on Village Green N

to census block 440070105024003; thence northerly and easterly on the boundary line between

census blocks 440070105024003 -- 440070105024001 to census block 440070105023019; thence

northerly and easterly on the western and northern boundary line of census block

440070105023019 to East Shore Expy; thence northerly on East Shore Expy N to I-195; thence

westerly on I-195 to Pawtucket Ave; thence northerly on Pawtucket Ave to Centre St; thence

northwesterly on Centre St to N Broadway; thence northerly on N Broadway to Geenwood Ave;

thence northwesterly on Greenwood Ave to railroad tracks; thence northeasterly on railroad tracks

to Pawtucket Ave; thence northwesterly on Pawtucket Ave to Newport Ave; thence northerly on

Newport Ave to the point of origin.

     The eighteenth senatorial district shall also consist of all of that part of the city of Pawtucket

bounded by a line beginning at the Pawtucket -- East Providence boundary line and Ten Mile River;

thence northerly on Ten Mile River to the utility right of way; thence westerly on the utility right

of way to Newport Ave; thence northerly on Newport Ave to Loring Pkwy; thence easterly on

Loring Pkwy to the western boundary line of Slater Memorial Park; thence northerly on the western

boundary line of Slater Memorial Park to Slater Park Ave; thence northerly on Slater Park Ave to

Waterman St; thence westerly on Waterman St to Newport Ave; thence northerly on Newport Ave

to Armistice Blvd; thence westerly on Armistice Blvd to George Bennett Hwy; thence northerly on

George Bennett Hwy to Central Ave; thence westerly on Central Ave to N Bend St; thence

southerly on N Bend St to Walcott St; thence westerly on Walcott St to I-95; thence southwesterly

on I-95 to Prospect St; thence southeasterly on Prospect St to the utility right of way; thence

northeasterly on the utility right of way to census block 440070171003029; thence southerly on the

boundary line between census blocks 440070171003029 -- 440070171003019 to Notre Dame Ave;

thence southerly on Notre Dame Ave to Beverage Hill Ave; thence westerly on Beverage Hill Ave

to School St; thence southerly on School St to census block 440070171001025; thence westerly on

the boundary line between census blocks 440070171001025 -- 440070171001007 to the Seekonk

River; thence southerly on the Seekonk River to the Pawtucket -- East Providence boundary line;

thence easterly on the Pawtucket -- East Providence boundary line to the point of origin.

     Nineteenth district: The nineteenth senatorial district shall consist of all of that part of the

town of Cumberland bounded by a line beginning at the Lincoln -- Cumberland boundary line and

School St; thence easterly on School St to Albion Rd; thence southeasterly on Albion Rd to census

block 440070114033042; thence easterly, northerly and westerly on the eastern boundary of census

block 440070114033014 to Farm Dr; thence easterly on Farm Dr to Mendon Rd; thence northerly

on Mendon Rd to Pound Rd; thence northeasterly on Pound Rd to census block 440070114022058;

thence northwesterly on the western boundary lines of census blocks 440070114022058 and

440070114022052 to Nate Whipple Highway; thence easterly on Nate Whipple Hwy to Diamond

Hill Rd; thence northerly on Diamond Hill Rd to Wrentham Rd; thence northerly on Wrentham Rd

to the Rhode Island -- Massachusetts boundary line; thence easterly and southerly on the Rhode

Island -- Massachusetts boundary line to the Cumberland -- Central Falls boundary line; thence

westerly on the Cumberland -- Central Falls boundary line to the Lincoln -- Cumberland boundary

line; thence northwesterly on the Lincoln -- Cumberland boundary line to the point of origin.

     The nineteenth senatorial district shall also consist of all of that part of the town of Lincoln

bounded by a line beginning at the Cumberland -- Lincoln boundary line and Lonsdale Ave; thence

southerly on Lonsdale Ave to Cook St; thence westerly on Cook St to Carrington St; thence

southwesterly on Carrington St to Front St; thence southwesterly on Front St to Grove St; thence

northwesterly on Grove St to Union St; thence southwesterly on Union St to Pleasant St; thence

northerly on Pleasant St to Leicester Dr; thence southwesterly on Leicester Dr to census block

440070117011037; thence southwesterly on the boundary line between census blocks

440070117011037 -- 440070117011035 to Sweeney St; thence southwesterly on Sweeney St to

River Rd; thence southwesterly on River Rd to Great Rd; thence southerly on Great Rd to

Smithfield Ave; thence southerly on Smithfield Ave to Sayesville Pond; thence southeasterly on

the eastern shoreline of Sayesville Pond to Walker St; thence easterly on Walker St to Moshassuck

Rd; thence southeasterly on Moshassuck Rd to Conduit St; thence northeasterly on the line

extending from Conduit St to the Central Falls -- Lincoln boundary line; thence easterly on the

Central Falls -- Lincoln boundary line to the Cumberland -- Lincoln boundary line; thence northerly

on the Cumberland -- Lincoln boundary line to the point of origin.

     Twentieth district: The twentieth senatorial district shall consist of all of that part of the

city of Woonsocket bounded by a line beginning at Rathbun St and the Rhode Island --

Massachusetts boundary line; thence easterly on the Rhode Island -- Massachusetts boundary line

to the Woonsocket -- Cumberland boundary line; thence southwesterly on the Woonsocket --

Cumberland boundary line to the Woonsocket -- North Smithfield boundary line; thence westerly

on the Woonsocket -- North Smithfield boundary line to census block 440070177002018; thence

northerly on the boundary line between census blocks 440070177002017 -- 440070177002018 to

Carnation St; thence easterly on Carnation St to Knight St; thence northerly on Knight St to Cooper

Ave; thence easterly on Cooper Ave to Jillson Ave; thence northerly on Jillson Ave to Getchell

Ave; thence westerly on Getchell Ave to census block 440070177002000; thence northerly on the

boundary line between census blocks 440070177002000 -- 440070177002005 to Logee St; thence

easterly on Logee St to Mt St Charles Ave; thence northeasterly on Mt St Charles Ave to Manville

Rd; thence northwesterly on Manville Rd to Davison Ave; thence northerly on Davison Ave to

Hamlet Ave; thence easterly on Hamlet Ave to Cumberland St; thence northwesterly on

Cumberland St to Rathbun St; thence northerly on Rathbun St to the point of origin.

     The twentieth senatorial district shall also consist of all of that part of the town of

Cumberland bounded by a line beginning at the Lincoln -- Cumberland boundary line and School

St; thence easterly on School St to Albion Rd; thence southeasterly on Albion Rd to census block

440070114033042; thence easterly, northerly and westerly on the eastern boundary line of census

block 440070114033014 to Farm Dr; thence easterly on Farm Dr to Mendon Rd; thence northerly

on Mendon Rd to Pound Rd; thence northeasterly on Pound Rd to census block 440070114022058;

thence northwesterly on the western boundary lines of census blocks 440070114022058 and

440070114022052 to Nate Whipple Highway; thence easterly on Nate Whipple Hwy to Diamond

Hill Rd; thence northerly on Diamond Hill Rd to Wrentham Rd; thence northerly on Wrentham Rd

to the Rhode Island -- Massachusetts boundary line; thence westerly on the Massachusetts -- Rhode

Island boundary line to the Woonsocket -- Cumberland boundary line; thence southwesterly on the

Woonsocket -- Cumberland boundary line to the Lincoln -- Cumberland boundary line; thence

southeasterly on the Lincoln -- Cumberland boundary line to the point of origin.

     Twenty-first district: The twenty-first senatorial district shall consist of all of the town of

Foster.

     The twenty-first senatorial district shall also consist of all of the town of Scituate.

     The twenty-first senatorial district shall also consist of all of that part of the town of West

Greenwich bounded by a line beginning at the Rhode Island -- Connecticut boundary line and

Bailey Pond Rd; thence easterly on Bailey Pond Rd to Hazard Rd; thence northerly on Hazard Rd

to Muddy Brook Rd; thence easterly on Muddy Brook Rd to Hudson Pond Rd; thence southeasterly

on Hudson Pond Rd to Liberty Hill Rd; thence northeasterly on Liberty Hill Rd to Plain Meeting

House Rd; thence easterly on Plain Meeting House Rd to Factory Brook; thence southeasterly on

Factory Brook to Eisenhower Lake; thence southerly on Eisenhower Lake's eastern shore to

Stuckey Lane; thence easterly on Stuckey Lane to Wheatley Rd; thence easterly on Wheatley Rd

to Francis H. Horn Dr; thence northeasterly on Francis H. Horn Dr to Browns Corner Rd; thence

northeasterly on Browns Corner Rd to Victory Hwy; thence southerly on Victory Hwy to Robin

Hollow Rd: thence easterly on Robin Hollow Rd to I-95; thence northeasterly on I-95 to Big River;

thence northerly on Big River to the Coventry -- West Greenwich boundary line; thence westerly

on the Coventry -- West Greenwich boundary line to the Rhode Island -- Connecticut boundary

line; thence southerly on the Rhode Island -- Connecticut boundary line to the point of origin.

     The twenty-first senatorial district shall also consist of all of that part of the town of

Coventry bounded by a line beginning at the Coventry -- West Greenwich boundary line and

Victory Hwy; thence northerly on Victory Hwy to Harkney Hill Rd; thence easterly on Harkney

Hill Rd to census block 440030207022041; thence northerly on the boundary line between census

blocks 440030207022040 -- 440030207022041 to Washington Secondary Trail; thence easterly

and northeasterly on Washington Secondary Trail to the eastern shore of Johnson's Pond; thence

southerly on the eastern shore of Johnson's Pond to the South Branch Pawtuxet River; thence

easterly on the South Branch Pawtuxet River to the Mishnock River; thence southerly on the

Mishnock River to Tiogue Ave; thence easterly on Tiogue Ave to S Main Street; thence

northeasterly on S Main St to Rathbun St; thence easterly on Rathbun St to Wood St; thence

southeasterly on Wood St to Sandy Bottom Rd; thence northerly on Sandy Bottom Rd to Main St;

thence northeasterly on Main St to Knotty Oak Rd; thence northerly on Knotty Oak Rd to the

Scituate -- Coventry boundary line; thence westerly on the Scituate -- Coventry boundary line to

the Foster -- Coventry boundary line; thence westerly on the Foster -- Coventry boundary line to

the Rhode Island -- Connecticut boundary line; thence southerly on the Rhode Island -- Connecticut

boundary line to the Coventry -- West Greenwich boundary line; thence easterly on the Coventry -

- West Greenwich boundary line to the point of origin.

     Twenty-second district: The twenty-second senatorial district shall consist of all of the

town of Smithfield.

     The twenty-second senatorial district shall also consist of all of that part of the town of

North Providence bounded by a line beginning at the Smithfield--North Providence boundary line

and Smithfield Road; thence southeasterly on Smithfield Rd to census block 440070121043001;

thence southerly, easterly and westerly on the boundary line between census blocks

440070121043002 -- 440070121043001, 440070121043002 -- 440070121043000,

440070121043002 -- 440070119021003, 440070121043002 -- 440070121043019,

440070121043002 -- 440070121043011 and 440070121043002 -- 440070121043005 to

Bicentennial Way; thence westerly on Bicentennial Way to Locust Ave; thence southerly on Locust

Ave to Jacksonia Dr; thence westerly on Jacksonia Dr to Joslin St; thence southerly on Joslin St to

census block 440070121032014; thence easterly and southerly on the boundary line between

census blocks 440070121032014 -- 440070121032013 to census block 440070121032015; thence

westerly on the boundary line between census blocks 440070121032014 -- 440070121032015 to

the intersection of Walter Ave and Joslin St; thence southerly on Joslin St to Mineral Spring Ave;

thence easterly on Mineral Spring Ave to Howard Ave; thence southerly on Howard Ave to Hobson

Ave; thence southwesterly on Hobson Ave to Dewey Ave; thence southerly on Dewey Ave to Smith

St; thence easterly on Smith St to Atlantic Blvd; thence southwesterly on Atlantic Blvd to Swan St;

thence southeasterly on Swan St to Sykes St; thence westerly and southerly on Sykes St to Intervale

Ave; thence easterly on Intervale Ave to Cranberry Rd; thence southerly on Cranberry Rd to

Humbert St; thence westerly on Humbert St to Greenville Ave; thence southerly on Greenville Ave

to Lyman Ave; thence westerly on Lyman Ave to Woonasquatucket Ave; thence northerly on

Woonasquatucket Ave to Testa Dr; thence westerly on Testa Dr and its extension to the Johnston -

- North Providence boundary line; thence northwesterly on the Johnston -- North Providence

boundary line to the Smithfield -- North Providence boundary line; thence easterly on the

Smithfield -- North Providence boundary line to the point of origin.

     The twenty-second senatorial district shall also consist of all of that part of the town of

Lincoln bounded by a line beginning at the Smithfield -- Lincoln boundary line and Douglas Pike;

thence northerly on the Smithfield -- Lincoln boundary line to Wilbur Rd; thence easterly on Wilbur

Rd to Jenckes Hill Rd; thence southeasterly on Jenckes Hill Rd to Angell Rd; thence southerly on

Angell Rd to census block 440070116002026; thence southerly on the boundary line between

census blocks 440070116002026 -- 440070116002027 to the Wenscott Reservoir; thence southerly

on the Wenscott Reservoir to the Lincoln -- North Providence boundary line thence westerly on the

Lincoln -- North Providence boundary line to the point of origin.

     Twenty-third district: The twenty-third senatorial district shall consist of all of the town

of Burrillville.

     The twenty-third senatorial district shall also consist of all of the town of Glocester.

     The twenty-third senatorial district shall also consist of all of that part of the town of North

Smithfield bounded by a line beginning at the Burrillville -- North Smithfield boundary line and

Slatersville Reservoir; thence northeasterly on Slatersville Reservoir to Railroad St; thence

northwesterly on Railroad St to Main St; thence easterly on Main St to Greene St; thence

northeasterly on Greene St to School St; thence easterly on School St to the utility right of way;

thence southerly on the utility right of way to Branch River; thence easterly and northerly on Branch

River to the western tributary of the Blackstone River; thence northerly on the western tributary of

the Blackstone River to the Rhode Island -- Massachusetts boundary line; thence westerly on the

Rhode Island -- Massachusetts boundary line to the Burrillville -- North Smithfield boundary line;

thence southerly on the Burrillville -- North Smithfield boundary line to the point of origin.

     Twenty-fourth district: The twenty-fourth senatorial district shall consist of all of that

part of the city of Woonsocket bounded by a line beginning at Rathbun St and the Rhode Island --

Massachusetts boundary line; thence westerly on the Rhode Island -- Massachusetts boundary line

to the Woonsocket -- North Smithfield boundary line; thence southerly, westerly and southeasterly

on the Woonsocket -- North Smithfield boundary line to census block 440070177002017; thence

northerly on the boundary line between census blocks 440070177002017 -- 440070177002018 to

Carnation St; thence easterly on Carnation St to Knight St; thence northerly on Knight St to Cooper

Ave; thence easterly on Cooper Ave to Jillson Ave; thence northerly on Jillson Ave to Getchell

Ave; thence westerly on Getchell Ave to census block 440070177002000; thence northerly on the

boundary line between census blocks 440070177002000 -- 440070177002005 to Logee St; thence

easterly on Logee St to Mt St Charles Ave; thence northeasterly on Mt St Charles Ave to Manville

Rd; thence northwesterly on Manville Rd to Davison Ave; thence northerly on Davison Ave to

Hamlet Ave; thence easterly on Hamlet Ave to Cumberland St; thence northwesterly on

Cumberland St to Rathbun St; thence northerly on Rathbun St to the point of origin.

     The twenty-fourth senatorial district shall also consist of all of that part of the town of

North Smithfield bounded by a line beginning at the Woonsocket -- North Smithfield boundary line

and the Rhode Island -- Massachusetts boundary line; thence westerly on the Rhode Island --

Massachusetts boundary line to the western tributary of the Blackstone River; thence southerly on

the western tributary of the Blackstone River to the Branch River; thence southerly and westerly

on the Branch River to the utility right of way; thence southeasterly on the utility right of way to

Woonsocket Hill Rd; thence northeasterly on Woonsocket Hill Rd to State Route 146A; thence

easterly on State Route 146A to the Woonsocket -- North Smithfield boundary line; thence

northerly on the Woonsocket -- North Smithfield boundary line to the point of origin.

     Twenty-fifth district: The twenty-fifth senatorial district shall consist of all of that part of

the town of Johnston bounded by a line beginning at the Providence -- Johnston boundary line and

Plainfield St; thence southerly on Plainfield St to Morgan Ave; thence westerly on Morgan Ave to

School St; thence southwesterly on School St to census block 440070125001021; thence northerly

on the eastern boundary lines of census blocks 440070125001021 and 440070125001014 to

Downing Dr; thence northerly on Downing Dr to Central Ave; thence northeasterly on Central Ave

to Alden St; thence northerly on Alden St to Boundary Ave; thence easterly on Boundary Ave to

Harding Ave; thence northerly on Harding Ave to York Rd; thence easterly on York Rd to census

block 440070124021024; thence northerly and easterly on the boundary line between census blocks

440070124021024 -- 440070124021027 and 440070124021024 -- 440070124021025 to the

Providence -- Johnston boundary line; thence northerly and easterly on the Providence -- Johnston

boundary line to the Johnston -- North Providence boundary line; thence northwesterly on the

Johnston -- North Providence boundary line to the Johnston -- Smithfield boundary line; thence

westerly on the Johnston -- Smithfield boundary line to the Scituate -- Johnston boundary line;

thence southerly on the Scituate -- Johnston boundary line to the Johnston -- Cranston boundary

line; thence easterly on the Johnston -- Cranston boundary line to the Johnston -- Providence

boundary line; thence northerly on the Johnston -- Providence boundary line to the point of origin.

     Twenty-sixth district: The twenty-sixth senatorial district shall consist of all of that part

of the city of Cranston bounded by a line beginning at the Cranston -- West Warwick boundary line

and Natick Ave; thence northerly on Natick Ave to Phenix Ave; thence northeasterly on Phenix

Ave to Park Ave; thence easterly on Park Ave to Washington Secondary Trail; thence northeasterly

on Washington Secondary Trail to Cranston St; thence easterly on Cranston St to the Providence -

- Cranston boundary line; thence northwesterly on the Providence -- Cranston boundary line to the

Johnston -- Cranston boundary line; thence southwesterly on the Johnston -- Cranston boundary

line to the Scituate -- Cranston boundary line; thence southerly on the Scituate -- Cranston boundary

line to the Cranston -- Coventry boundary line; thence easterly on the Cranston -- Coventry

boundary line to the Cranston -- West Warwick boundary line; thence easterly on the Cranston --

West Warwick boundary line to the point of origin.

     Twenty-seventh district: The twenty-seventh senatorial district shall consist of all of that

part of the city of Cranston bounded by a line beginning at Natick Ave and the Cranston -- West

Warwick boundary line; thence northerly on Natick Ave to Phenix Ave; thence northeasterly on

Phenix Ave to Park Ave; thence easterly on Park Ave to Pontiac Ave; thence southerly on Pontiac

Ave to Rockland Ave; thence southeasterly on Rockland Ave to Forest Ave; thence southerly on

Forest Ave to Mapleton St; thence southwesterly on Mapleton St to census block

440070138004011; thence southeasterly on the boundary line between census blocks

440070138004011 -- 440070138004010 and 440070138004022 -- 440070138004025 to the

Pawtuxet River; thence southwesterly on the Pawtuxet River to State Highway 37; thence westerly

on State Highway 37 to census block 440070142002008; thence southwesterly on the eastern

boundary lines of census blocks 440070142002008, 440070142002019, and 440070142002028 to

Pontiac Ave; thence southerly on Pontiac Ave to the Cranston -- Warwick boundary line; thence

westerly on the Cranston -- Warwick boundary line to the Cranston -- West Warwick boundary

line; thence westerly on the Cranston -- West Warwick boundary line to the point of origin.

     The twenty-seventh senatorial district shall also consist of all of that part of the town of

West Warwick bounded by a line beginning at the Cranston -- West Warwick boundary line and

Natick Rd; thence southerly on Natick Rd to Wakefield St; thence southeasterly on Wakefield St

to Wilson St; thence southerly on Wilson St to Prospect Hill Ave; thence easterly on Prospect Hill

Ave to Providence St; thence southerly on Providence St to the West Warwick -- Warwick

boundary line; thence northeasterly on the West Warwick -- Warwick boundary line to the Cranston

-- West Warwick boundary line; thence westerly on the Cranston -- West Warwick boundary line

to the point of origin.

     Twenty-eighth district: The twenty-eighth senatorial district shall consist of all of that

part of the city of Cranston bounded by a line beginning at the Providence -- Cranston boundary

line and I-95; thence northwesterly on the Providence -- Cranston boundary line to Cranston St;

thence westerly on Cranston St to the Washington Secondary Trail; thence southwesterly on the

Washington Secondary trail to Park Ave; thence easterly on Park Ave to Pontiac Ave; thence

southerly on Pontiac Ave to Hodsell St; thence northeasterly on Hodsell St to Arthur St; thence

easterly on Arthur St to Doric Ave; thence northerly on Doric Ave to Laurens St; thence easterly

on Laurens St to I-95; thence southerly on I-95 to the Cranston -- Warwick boundary line; thence

easterly on the Cranston -- Warwick boundary line to the East Providence -- Cranston boundary

line; thence northerly on the East Providence -- Cranston boundary line to the Providence --

Cranston boundary line; thence westerly and southerly on the Providence -- Cranston boundary line

to the point of origin.

     The twenty-eighth senatorial district shall also consist of all of that part of the city of

Providence bounded by a line beginning at the Providence -- Cranston boundary line and I-95;

thence northeasterly on I-95 to Broad St; thence southwesterly on Broad St to Washington Ave;

thence easterly on Washington Ave to Michigan Ave; thence northerly on Michigan Ave to census

block 440070001011006; thence easterly and northerly on the boundary line between census blocks

440070001011006 -- 440070001011007 to census block 440070001011008; thence northerly and

easterly on the western boundary line of census block 440070001011008 to Shipyard St; thence

northwesterly on Shipyard St to Ernest St; thence westerly on Ernest St to Allens Ave; thence

northerly on Allens Ave to census block 440070006001096 thence easterly on the boundary line

between census blocks 440070006001096 -- 440070001011001 on a line extending to the

Providence -- East Providence boundary line; thence southerly on the Providence -- East

Providence boundary line to the Providence -- Cranston boundary line; thence westerly, southerly

and northerly on the Providence -- Cranston boundary line to the point of origin.

     Twenty-ninth district: The twenty-ninth senatorial district shall consist of all of that part

of the city of Warwick bounded by a line beginning at State Highway 37 and Post Rd; thence

northeasterly on Post Rd to Atlantic Ave; thence easterly on Atlantic Ave to Warwick Ave; thence

southerly on Warwick Ave to Spring Green Pond; thence easterly on the unnamed river from Spring

Green Pond to Narragansett Bay and the Warwick -- East Providence boundary line; thence

southerly on the Warwick -- East Providence boundary line to the line extending from Park Ave;

thence southwesterly on Park Ave to Elmdale Ave; thence northwesterly on Elmdale Ave to

Longmeadow Ave; thence northerly on Longmeadow Ave to Draper Ave; thence northwesterly on

Draper Ave to West Shore Rd; thence southerly and westerly on West Shore Rd to Groveland Ave;

thence northerly on Groveland Ave, continuing on the boundary line between census blocks

440030219013036 -- 440030219012003 to Main Ave; thence westerly on Main Ave to the Amtrak

RR; thence northerly on Amtrak RR to State Highway 37; thence southeasterly on State Highway

37 to the point of origin.

     Thirtieth district: The thirtieth senatorial district shall consist of all of that part of the city

of Warwick bounded by a line beginning at the intersection of Centerville Rd and the Warwick --

West Warwick boundary line; thence southerly on the Warwick -- West Warwick boundary line to

the Warwick -- East Greenwich boundary line; thence easterly on the Warwick -- East Greenwich

boundary line to Greenwich Bay; thence northerly and easterly around the shoreline to the line

extending from Park Ave; thence southwesterly on Park Ave to Elmdale Ave; thence northwesterly

on Elmdale Ave to Longmeadow Ave; thence northerly on Longmeadow Ave to Draper Ave;

thence northwesterly on Draper Ave to West Shore Rd; thence southerly and westerly on West

Shore Rd to Groveland Ave; thence northerly on Groveland Ave, continuing on the boundary lines

between census blocks 440030219013036 -- 440030219012003 to Main Ave; thence westerly on

Main Ave to the Amtrak RR; thence southerly on Amtrak RR to Post Rd; thence westerly on Post

Rd to Veterans Memorial Dr; thence southwesterly on Veterans Memorial Dr to Centerville Rd;

thence westerly on Centerville Rd to the point of origin.

     The thirtieth senatorial district shall also consist of all of that part of the city of Warwick

known as Potowomut or Potowomut Neck.

     Thirty-first district: The thirty-first senatorial district shall consist of all of that part of the

city of Warwick bounded by a line beginning at State Highway 37 and Post Rd; thence northeasterly

on Post Rd to Atlantic Ave; thence easterly on Atlantic Ave to Warwick Ave; thence southerly on

Warwick Ave to Spring Green Pond; thence easterly on the unnamed river from Spring Green Pond

to Narragansett Bay and the Warwick -- East Providence boundary line; thence northerly on the

Warwick -- East Providence boundary line to the Cranston -- Warwick boundary line; thence

easterly and southerly on the Cranston -- Warwick boundary line to Warwick -- West Warwick

boundary line; thence southwesterly and easterly on the Warwick -- West Warwick boundary line

to Centerville Rd; thence easterly on Centerville Rd to Veterans Memorial Dr; thence northeasterly

on Veterans Memorial Dr to Post Rd; thence easterly on Post Rd to Amtrak RR; thence northerly

on Amtrak RR to State Highway 37; thence southeasterly on State Highway 37 to the point of

origin.

     The thirty-first senatorial district shall also consist of all of that part of the city of Cranston

bounded by a line beginning at the Cranston -- Warwick boundary line and I-95; thence northerly

on I-95 to Laurens St; thence westerly on Laurens St to Doric Ave; thence southerly on Doric Ave

to Arthur St; thence westerly on Arthur St to Hodsell St; thence southwesterly on Hodsell St to

Pontiac Ave; thence southerly on Pontiac Ave to Rockland Ave; thence southeasterly on Rockland

Ave to Forest Ave; thence southerly on Forest Ave to Mapleton St; thence southwesterly on

Mapleton St to census block 440070138004011; thence southeasterly on the boundary line between

census blocks 440070138004011 -- 440070138004010 and 440070138004022 --

440070138004025 to the Pawtuxet River; thence southwesterly on the Pawtuxet River to State

Highway 37; thence westerly on State Highway 37 to census block 440070142002008; thence

southwesterly on the eastern boundary lines of census blocks 440070142002008,

440070142002019, and 440070142002028 to Pontiac Ave; thence southerly on Pontiac Ave to the

Cranston -- Warwick boundary line; thence easterly on the Cranston -- Warwick boundary line to

the point of origin.

     Thirty-second district: The thirty-second senatorial district shall consist of all of the town

of Barrington.

     The thirty-second senatorial district shall consist of all of that part of the city of East

Providence bounded by a line beginning at the Rhode Island -- Massachusetts boundary line and

Mink St; thence southerly on Mink St to Wampanoag Trl; thence southerly on Wampanoag Trl to

Socony Rd; thence westerly on Socony Rd to census block 440070105024012; thence

southwesterly on the eastern boundary line of census block 440070105024012 to census block

440070105024016; thence southerly on the western boundary line of census block

440070105024016 to Willett Ave; thence southeasterly on Willett Ave to Crescent View Ave;

thence westerly on Crescent View Ave to Beach Rd; thence westerly on Beach Rd and its extension

to Narragansett Bay; thence southerly and easterly on the shoreline to the East Providence --

Barrington boundary line; thence northeasterly on the East Providence -- Barrington boundary line

to the Rhode Island -- Massachusetts boundary line; thence northerly on the Rhode Island --

Massachusetts boundary line to the point of origin.

     The thirty-second senatorial district shall also consist of all of that part of the town of

Bristol bounded by a line beginning at the Bristol -- Warren boundary line and Hope St; thence

southerly on Hope St to Tupelo St; thence easterly on Tupelo St to Metacom Ave; thence southerly

on Metacom Ave to Chestnut St; thence westerly on Chestnut St to Hope St; thence southerly on

Hope to State St; thence westerly on State St and its extension to Bristol Harbor; thence southerly

on Bristol Harbor to the Bristol -- Portsmouth boundary line; thence westerly and northerly on the

Bristol -- Portsmouth boundary line to the Bristol -- Barrington boundary line; thence northerly on

the Bristol -- Barrington boundary line to the Bristol -- Warren boundary line; thence easterly on

the Bristol -- Warren boundary line to the point of origin.

     Thirty-third district: The thirty-third senatorial district shall consist of all of that part of

the town of Coventry bounded by line beginning where the Coventry -- West Greenwich boundary

line and Victory Hwy; thence northerly on Victory Hwy to Harkney Hill Rd; thence easterly on

Harkney Hill Rd to census block 440030207022041; thence northerly on the boundary line between

census blocks 440030207022040 -- 440030207022041 to Washington Secondary Trail; thence

easterly and northeasterly on Washington Secondary Trail to the eastern shore of Johnson's Pond;

thence on the eastern shore of Johnson's Pond to the South Branch Pawtuxet River; thence easterly

on the South Branch Pawtuxet River to the Mishnock River; thence southerly on the Mishnock

River to Tiogue Ave; thence easterly on Tiogue Ave to S Main Street; thence northeasterly on S

Main St to Rathbun St; thence easterly on Rathbun St to Wood St; thence southeasterly on Wood

St to Sandy Bottom Rd; thence northerly on Sandy Bottom Rd to Main St; thence northeasterly on

Main St to Knotty Oak Rd; thence northerly on Knotty Oak Rd to the Scituate -- Coventry boundary

line; thence easterly on the Scituate -- Coventry boundary line to the Cranston -- Coventry boundary

line; thence easterly on the Cranston -- Coventry boundary line to the Coventry -- West Warwick

boundary line; thence southerly on the Coventry -- West Warwick boundary line to the Coventry -

- East Greenwich boundary line; thence westerly on the Coventry -- East Greenwich boundary line

to the Coventry -- West Greenwich boundary; thence westerly on the Coventry -- West Greenwich

boundary line to the point of origin.

     The thirty-third senatorial district shall also consist of all of that part of the town of West

Greenwich bounded by a line beginning at the West Greenwich -- Exeter boundary line and I-95;

thence northeasterly on I-95 to Big River; thence northerly on Big River to the Coventry -- West

Greenwich boundary line; thence easterly on the Coventry -- West Greenwich boundary line to the

West Greenwich -- East Greenwich boundary line; thence southerly on the West Greenwich -- East

Greenwich boundary line to the West Greenwich -- Exeter boundary line; thence westerly on the

West Greenwich -- Exeter boundary line to the point of origin.

     Thirty-fourth district: The thirty-fourth senatorial district shall consist of all of the town

of Exeter.

     The thirty-fourth senatorial district shall also consist of all of the town of Richmond.

     The thirty-fourth senatorial district shall also consist of all of the town of Hopkinton.

     The thirty-fourth senatorial district shall also consist of all of that part of the town of West

Greenwich bounded by a line beginning at the Rhode Island -- Connecticut boundary line and

Bailey Pond Rd; thence easterly on Bailey Pond Rd to Hazard Rd; thence northerly on Hazard Rd

to Muddy Brook Rd; thence easterly on Muddy Brook Rd to Hudson Pond Rd; thence southeasterly

on Hudson Pond Rd to Liberty Hill Rd; thence northeasterly on Liberty Hill Rd to Plain Meeting

House Rd; thence easterly on Plain Meeting House Rd to Factory Brook; thence southeasterly on

Factory Brook to Eisenhower Lake; thence southerly on Eisenhower Lake's eastern shore to

Stuckey Lane; thence easterly on Stuckey Lane to Wheatley Rd; thence easterly on Wheatley Rd

to Francis H. Horn Dr; thence northeasterly on Francis H. Horn Dr to Browns Corner Rd; thence

northeasterly on Browns Corner Rd to Victory Hwy; thence southerly on Victory Hwy to Robin

Hollow Rd: thence easterly on Robin Hollow Rd to I-95; thence southwesterly on I-95 to the West

Greenwich -- Exeter boundary line; thence westerly on the West Greenwich -- Exeter boundary

line to the Rhode Island -- Connecticut boundary line; thence northerly on the Rhode Island --

Connecticut boundary line to the point of origin.

     The thirty-fourth senatorial district shall also consist of all of that part of the town

Charlestown bounded by a line beginning at the Hopkinton -- Charlestown boundary line and

Amtrak RR; thence northerly on Amtrak RR to Burdickville Rd; thence easterly on Burdickville

Rd to Shumankanuc Hill Rd; thence southeasterly on Shumankanuc Hill Rd to Kings Factory Rd;

thence easterly and southerly on Kings Factory Rd to Post Rd; thence easterly on Post Rd to the

Charlestown -- South Kingstown boundary line; thence northerly on the Charlestown -- South

Kingstown boundary line to the Richmond -- Charlestown boundary line; thence westerly on the

Richmond -- Charlestown boundary line to the Hopkinton -- Charlestown boundary line; thence

southerly on the Hopkinton -- Charlestown boundary line to the point of origin.

     Thirty-fifth district: The thirty-fifth senatorial district shall consist of all of the town of

East Greenwich.

     The thirty-fifth senatorial district shall also consist of all of that part of the town of North

Kingstown bounded by a line beginning at the Warwick -- North Kingstown boundary line and

Potowomut Rd; thence southerly on Potowomut Rd to Essex Rd; thence easterly on Essex Rd to

Potter Rd; thence southerly on Potter Rd to Sandhill Brook; thence southwesterly on Sandhill Brook

to Chadsey Rd; thence northerly on Chadsey Rd to Post Rd; thence southerly on Post Rd to

Cocumcussoc Brook; thence westerly on Cocumcussoc Brook to Amtrak RR; thence southerly on

Amtrak RR to Colonel Rodman Highway; thence southerly on Colonel Rodman Highway to US

Highway 1; thence southerly on US Highway 1 to State Route 138; thence easterly on State Route

138 to the Mattatuxet River; thence southerly on the Mattatuxet River to the Pettaquamscutt River;

thence southerly on the Pettaquamscut River to the North Kingstown -- South Kingstown boundary

line; thence westerly on the North Kingstown -- South Kingstown boundary line to the Exeter --

North Kingstown boundary line; thence northerly on the Exeter -- North Kingstown boundary line

to the East Greenwich -- North Kingstown boundary line; thence easterly and northeasterly on the

East Greenwich -- North Kingstown boundary line to the Warwick -- North Kingstown boundary

line; thence easterly on the Warwick -- North Kingstown boundary line to the point of origin.

     The thirty-fifth senatorial district shall also consist of all of that part of the town of South

Kingstown bounded by a line beginning at the North Kingstown -- South Kingstown boundary line

and US Highway 1; thence southerly on US Highway 1 to Old Tower Hill Rd; thence westerly on

Old Tower Hill Rd to Main St; thence westerly on Main St to Woodruff Ave; thence southerly on

Woodruff Ave to the William C. O'Neill Bike Path; thence northwesterly on the William C. O'Neill

Bike Path to Cemetery Ln; thence westerly on Cemetery Ln to High St; thence southerly on High

St to Main St; thence northerly on Main St to the Saugatuck River; thence southerly on the

Saugatuck River to census block 440090512021042; thence northerly on the western boundary line

of census block 440090512021042 to Kenyon Ave; thence southeasterly on Kenyon Ave to Salt

Pond Rd; thence southerly on Salt Pond Rd to US Highway 1; thence easterly on US Highway 1 to

the South Kingstown -- Narragansett boundary line; thence northerly on the South Kingstown --

Narragansett boundary line to the North Kingstown -- South Kingstown boundary line; thence

westerly on the North Kingstown -- South Kingstown boundary line to the point of origin.

     Thirty-sixth district: The thirty-sixth senatorial district shall consist of all of the town of

Narragansett.

     The thirty-sixth senatorial district shall also consist of all of the town of New Shoreham.

     The thirty-sixth senatorial district shall also consist of all of that part of the town of North

Kingstown bounded by a line beginning at the Warwick -- North Kingstown boundary line and

Potowomut Rd; thence southerly on Potowomut Rd to Essex Rd; thence easterly on Essex Rd to

Potter Rd; thence southerly on Potter Rd to Sandhill Brook; thence southwesterly on Sandhill Brook

to Chadsey Rd; thence northerly on Chadsey Rd to Post Rd; thence southerly on Post Rd to

Cocumcussoc Brook; thence westerly on Cocumcussoc Brook to Amtrak RR; thence southerly on

Amtrak RR to Colonel Rodman Highway; thence southerly on Colonel Rodman Highway to US

Highway 1; thence southerly on US Highway 1 to State Route 138; thence easterly on State Route

138 to the Mattatuxet River; thence southerly on the Mattatuxet River to the Pettaquamscutt River;

thence southerly on the Pettaquamscut River to the North Kingstown -- Narragansett boundary line;

thence easterly on the North Kingstown -- Narragansett boundary line to the North Kingstown --

Jamestown boundary line; thence northerly on the North Kingstown -- Jamestown boundary line to

the North Kingstown -- Portsmouth boundary line; thence northerly on the North Kingstown --

Portsmouth boundary line to the Warwick -- North Kingstown boundary line; thence westerly on

the Warwick -- North Kingstown boundary line to the point of origin.

     Thirty-seventh district: The thirty-seventh senatorial district shall consist of all of that

part of the town of South Kingstown bounded by a line beginning at the place where the South

Kingstown -- Narragansett boundary line and US Highway 1 and Upper Pond; thence southwesterly

on the South Kingstown -- Narragansett boundary line and its extension to the point where Rhode

Island bounds New Shoreham; thence northerly from the point where Rhode Island bounds New

Shoreham to the line extending from the end of Green Hill Ocean Dr to the shore; thence easterly

on Green Hill Ocean Dr to Green Hill Beach Rd; thence northerly on Green Hill Beach Rd to Post

Rd; thence northeasterly on Post Rd to US Highway 1; thence easterly on US Highway 1 to

Moonstone Beach Rd; thence northerly on Moonstone Beach Rd to Post Rd; thence easterly on

Post Rd to Red House Rd; thence northerly on Red House Rd to Sands Plain Trl; thence westerly

on Sands Plain Trl to census block 440090513041037; thence northerly, westerly and southerly on

the northern boundary lines of census blocks 440090513041037 and 440090513041031 to the

Charlestown -- South Kingstown boundary line; thence northerly on the Charlestown -- South

Kingstown boundary line to the Richmond -- South Kingstown boundary line; thence northerly on

the Richmond -- South Kingstown boundary line to the Exeter -- South Kingstown boundary line;

thence southeasterly on the Exeter -- South Kingstown boundary line to the North Kingstown --

South Kingstown boundary line; thence easterly on the North Kingstown -- South Kingstown

boundary line to US Highway 1; thence southerly on US Highway 1 to Old Tower Hill Rd; thence

westerly on Old Tower Hill Rd to Main St; thence westerly on Main St to Woodruff Ave; thence

southerly on Woodruff Ave to the William C. O'Neill Bike Path; thence northwesterly on the

William C. O'Neill Bike Path to Cemetery Ln; thence westerly on Cemetery Ln to High St; thence

southerly on High St to Main St; thence northerly on Main St to the Saugatuck River; thence

southerly on the Saugatuck River to census block 440090512021042; thence northerly on the

western boundary line of census block 440090512021042 to Kenyon Ave; thence southeasterly on

Kenyon Ave to Salt Pond Rd; thence southerly on Salt Pond Rd to US Highway 1; thence easterly

on US Highway 1 to the point of origin.

     Thirty-eighth district: The thirty-eighth senatorial district shall consist of all the town of

Westerly.

     The thirty-eighth senatorial district shall also consist of all of that part of the town of

Charlestown bounded by a line beginning at the Hopkinton -- Charlestown boundary line and

Amtrak RR; thence northerly on Amtrak RR to Burdickville Rd; thence easterly on Burdickville

Rd to Shumankanuc Hill Rd; thence southeasterly on Shumankanuc Hill Rd to Kings Factory Rd;

thence easterly and southerly on Kings Factory Rd to Post Rd thence easterly on Post Rd to the

Charlestown -- South Kingstown boundary line; thence southerly on the Charlestown -- South

Kingstown boundary line to the Atlantic Ocean; thence westerly on the town boundary line to the

Westerly -- Charlestown boundary line; thence northerly on the Westerly -- Charlestown boundary

line to the Hopkinton -- Charlestown boundary line; thence northerly on the Hopkinton --

Charlestown boundary line to the point of origin.

     The thirty-eighth senatorial district shall also consist of all of that part of the town of South

Kingstown bounded by a line beginning at the Charlestown -- South Kingstown boundary line and

the Atlantic Ocean; thence northeasterly on the shoreline to the line extending from the end of

Green Hill Ocean Dr to the shore; thence easterly on Green Hill Ocean Dr to Green Hill Beach Rd;

thence northerly on Green Hill Beach Rd to Post Rd; thence northeasterly on Post Rd to US

Highway 1; thence easterly on US Highway 1 to Moonstone Beach Rd; thence northerly on

Moonstone Beach Rd to Post Rd; thence easterly on Post Rd to Red House Rd; thence northerly on

Red House Rd to Sands Plain Trl; thence westerly on Sands Plain Trl to census block

440090513041037; thence northerly, westerly and southerly on the northern boundary lines of

census blocks 440090513041037 and 440090513041031 to the Charlestown -- South Kingstown

boundary line; thence southerly on the Charlestown -- South Kingstown boundary line to the point

of origin.


 

 

 

 

625)

Section

Amended Chapter Numbers:

 

22-1-3

5 and 6

 

 

22-1-3. Construction of chapter -- Legislative purposes.

     This chapter and chapter 2 of this title shall be liberally construed to effectuate the purposes

of them it and to apportion the state into senatorial or representative districts in compliance with

the requirements of the United States Constitution. It is intended that the senatorial or representative

districts described in these chapters this chapter completely encompass all the area within the state

and contain all the citizens resident in the state. It is further intended that the apportionment and

districting provided for in this chapter and chapter 2 of this title results in the creation of districts

containing substantially equal population. It is also intended that no senatorial or representative

district shall include any of the area included within the description of any other senatorial or

representative district. If the districts described in this chapter and chapter 2 of this title do not carry

out the purposes of them because of patent unintentional omissions, duplications, overlapping area,

erroneous nomenclature, faulty description of boundary lines, street closings, changes in names of

streets or of public places, alteration of the courses of rivers or streams, the filling in of lands under

water, or changes in shorelines due to accretion, the secretary of state is authorized and empowered

to correct the omissions, overlaps, erroneous nomenclature, or other defects in the description of

districts so as to accomplish the purposes and objectives of this chapter and chapter 2 of this title.

In making these corrections, the secretary of state shall be guided by the following standards:

     (1) Gaps in the description of any district shall be completed in a manner which results in

a total description of the district in manner consonant with the description of adjacent districts.

     (2) Areas included within the descriptions of more than one district shall be allocated to

the district having the lowest population.

     (3) Areas not included within the descriptions of any district shall be allocated to the

adjacent district having the lowest population.


 

 

 

626)

Section

Added Chapter Numbers:

 

22-1-5

5 and 6

 

 

22-1-5. Election duties of local officials.

     Wherever in the general laws or in any public law a duty is imposed upon the president of

a city or town council or upon the local board of any city or town or upon a city or town clerk,

sergeant, or constable in connection with the election of a senator, the duty in the case of a senatorial

district comprising parts or the whole of more than one city or town shall be deemed to be imposed

upon the president of the city or town council or local board or city or town clerk, sergeant, or

constable of each or all of the cities or towns in which the senatorial district shall lie. Wherever in

the general laws or in any public law a duty is imposed upon the city committee, town committee,

or ward committee of a political party in connection with the election of a senator, that duty shall

be deemed to be imposed upon the senatorial district committee of the party as the context shall

require.


 

 

 

627)

Section

Added Chapter Numbers:

 

22-1-6

5 and 6

 

 

22-1-6. Reference to senator from city or town.

     Wherever in the general laws or in any public law reference is made to a senator from any

city or town, or to the election of a senator from any city or town, the reference shall mean and be

deemed to refer to a senator from a senatorial district, or the election of a senator from a senatorial

district, as the context may require.


 

 

 

628)

Section

Repealed Chapter Numbers:

 

22-2-1

5 and 6

 

 

22-2-1. [Repealed].


 

 

 

629)

Section

Added Chapter Numbers:

 

22-2-1

5 and 6

 

 

22-2-1. Composition of house of representatives.

     Commencing on the first Tuesday in January, 2023, the house of representatives shall

consist of seventy-five (75) members, one representative being elected from each of the

representative districts into which the state is divided in § 22-2-2.


 

 

 

630)

Section

Repealed Chapter Numbers:

 

22-2-2

5 and 6

 

 

22-2-2. [Repealed]


 

 

 

631)

Section

Added Chapter Numbers:

 

22-2-2

5 and 6

 

 

22-2-2. Districts.

     The state is hereby divided into seventy-five (75) representative districts bounded and

described as follows:

     (1) It is understood and intended that for the purpose of this section a line described as

running on, on, to or through any street (including road, avenue, lane, way, parkway, expressway,

divided Highway, state route or interstate route, or trail), stream or river, is intended to mean the

centerline of that street, stream or river, and a line described as the shoreline is intended to mean

the line on the mean low water level, and a feature extension is intended to mean the imaginary

straight-line extension from the end of a map feature, usually a street or road, to another feature as

for example, from the end of a dead-end street to a nearby river, in all instances, unless the same

shall be otherwise specified.

     (2) It is further understood and intended that for the purpose of this section, the districts

described in this section shall be composed of United States census geography (tracts and blocks),

as defined by the 2020 version of the "TIGER" files from the United States Census Bureau, whose

boundaries correspond to the below metes and bounds set forth in this section and hereby made a

part of this chapter. A listing of which census blocks are contained within each district shall be

deemed to be incorporated by reference.

     (3)(i) It is further understood and intended that for the purpose of this section, the districts

will be depicted on thirty-nine (39) maps known as House Plan D -- Substitute A, compiled by

Election Data Services, Inc. for each city and town, and hereinafter may be referred to as town

maps.

     (ii) The secretary of state shall keep a copy of each set of the foregoing maps and a copy

of the census tract and block listing available for inspection during ordinary business hours at his

or her office. The secretary of state shall furnish each city and town a copy of the town map covering

that particular city or town within ten (10) days from the date of passage of this act.

     (iii) For purposes of this title, references to "tract" or "CT" shall mean "census tract," as

that demographic unit is established by the United States Bureau of the census for the 2020 census

as described by maps and publications of the bureau. References to "block," "blocks," or "block

groups," refer to those demographic units as established by the United States Census Bureau for

the 2020 census as described by maps and publications of the bureau.

     (iv) Any reference to a "city or town," "city or town boundaries," or "city or town limits"

shall refer to the boundaries or limits of the particular city or town as defined by the 2020 version

of the "TIGER" files from the United States Census Bureau.

     (v) In the census tract and block listing, the first two (2) digits of a census description shall

refer to the State of Rhode Island (44), the next three (3) digits of a census description shall refer

to the county in which the district lies. Bristol county carries the code 001; Kent county carries the

code 003; Newport county carries the code 005; Providence county carries the code 007 and

Washington county carries the code 009. The next six (6) digits refer to the census tract within the

county set forth in the description. The last four (4) digits refer to the census block within the census

tract. "TIGER" is an acronym for the computer readable geographic data base that automates the

mapping and related geographic activities required to support the United States' Census Bureau's

census and survey programs and stands for "Topologically Integrated Geographic Encoding and

Referencing."

     (vi) If any census tract, block, block group, or enumeration district is omitted, listed more

than once, or is only partially provided for, it is intended that the districts be defined in such a

manner as to not omit any area of Rhode Island from a district and to comply with the standard of

Articles VII and VIII of the Rhode Island Constitution requiring that districts be reasonably equal.

In order to carry out the intent of the general assembly as expressed in this section the secretary of

state, shall if necessary, undertake measures to insure compliance with this section.

     (vii) In the event of a discrepancy between the metes and bounds description, the

description by census tracts and blocks, and the maps which shall be on file with the secretary of

state, then the listing of census tracts and blocks shall take precedence and be controlling

     First district: The first representative district shall consist of all that part of the city of

Providence bounded by a line beginning at Power St and S Main St; thence easterly on Power St to

Cooke St; thence northerly on Cooke St to Angell St; thence easterly on Angell St to River Rd;

thence southerly on River Rd to the Henderson Expressway; thence easterly on the Henderson

Expressway to the Providence -- East Providence boundary line; thence northeasterly on the

Providence -- East Providence boundary line to the line extending from Irving Ave; thence westerly

on Irving Ave to Gulf Ave; thence northwesterly on Gulf Ave to Loring Ave; thence westerly on

Loring Ave to Grotto Ave; thence northerly on Grotto Ave to Laurel Ave; thence westerly on Laurel

Ave to Arlington Ave; thence northwesterly on Arlington Ave to Olney St; thence westerly on

Olney St to N Main St; thence northerly on N Main St to Hewes St; thence southwesterly on Hewes

St to Stevens St; thence westerly on Stevens St to Charles St; thence southerly on Charles St to the

Moshassuck River; thence southerly on the Moshassuck River to Smith St; thence westerly on

Smith St to New York New Haven and Hartford RR; thence northerly on New York New Haven

and Hartford RR to I-95; thence southwesterly on I-95 to Smith St; thence easterly on Smith St to

Francis St; thence southerly on Francis St to Gaspee St; thence easterly on Gaspee St to the

Providence Amtrak Station; thence southeasterly on the eastern boundary line of the Providence

Amtrak Station to Railroad St; thence southeasterly on Railroad St to Park Row W; thence easterly

on Park Row W to Park Row; thence easterly on Park Row to N Main St; thence southerly on N

Main St to S Main St; thence southeasterly on S Main St to the point of origin.

     Second district: The second representative district shall consist of all of the part of the city

of Providence bounded by a line beginning at Smith St and Orms St; thence westerly on Orms St

to Valley St; thence southwesterly on Valley St to Pleasant Valley Pkwy; thence southeasterly on

Pleasant Valley Pkwy to Dean St; thence southerly on Dean St to State Highway 10; thence easterly

on State Highway 10 to I-95; thence southerly on I-95 to I-195; thence easterly on I-195 to the

Providence River; thence southeasterly on the Providence River to the Providence -- East

Providence boundary line; thence northeasterly on the Providence -- East Providence boundary line

to the Henderson Expressway; thence westerly on Henderson Expressway to River Rd; thence

northerly on River Rd to Angell St; thence westerly on Angell St to Cooke St; thence southerly on

Cooke St to Power St; thence westerly on Power St to S Main St; thence northwesterly on S Main

St to N Main St; thence northwesterly on N Main St to Park Row; thence westerly on Park Row to

Park Row W; thence westerly on Park Row W to Railroad St; thence northwesterly on Railroad St

to the Providence Amtrak Station; thence northwesterly on the eastern boundary line of the

Providence Amtrak Station to Gaspee St; thence southwesterly on Gaspee St to Francis St; thence

northwesterly on Francis St to Smith St; thence westerly on Smith St to the point of origin.

     Third district: The third representative district shall consist of all that part of the city of

Providence bounded by a line beginning at Valley St and Raymond St; thence northeasterly on

Valley St to Orms St; thence easterly on Orms St to Smith St; thence southeasterly on Smith St to

I-95; thence northerly on I-95 to the Pawtucket -- Providence boundary line; thence westerly on the

Pawtucket -- Providence boundary line to Smithfield Ave; thence southerly on Smithfield Ave to

Silver Spring St; thence southerly on Silver Spring St, to Ledge St; thence westerly on Ledge St to

Charles St; thence northerly on Charles St to Paul St; thence westerly on Paul St to Aventine Ave;

thence southerly on Aventine Ave to Greeley St; thence southeasterly on Greeley St to Opper St;

thence southwesterly on Opper St to Branch Ave; thence northwesterly on Branch Ave to Moy St;

thence southerly on Moy St to Concannon St; thence westerly on Concannon St to Douglas Ave;

thence southeasterly on Douglas Ave to Veazie St; thence southerly on Veazie St to Eva St; thence

southerly on Eva St to Admiral St; thence easterly on Admiral St to Douglas Ave; thence southerly

on Douglas Ave to Eaton St; thence westerly on Eaton St to Oakland Ave; thence southerly on

Oakland Ave to Raymond St; thence southeasterly on Raymond St to the point of origin.

     Fourth district: The fourth representative district shall consist of all that part of the city

of Providence bounded by a line beginning at the Pawtucket -- Providence boundary line and I-95;

thence southwesterly on I-95 to New York New Haven and Hartford RR; thence southeasterly on

New York New Haven and Hartford RR to Smith St; thence easterly on Smith St to the Moshassuck

River; thence northerly on the Moshassuck River to Charles St; thence northerly on Charles St to

Stevens St; thence easterly on Stevens St to Hewes St; thence northerly on Hewes St to N Main St;

thence southerly on N Main St to Olney St; thence easterly on Olney St to Arlington Ave; thence

southeasterly on Arlington Ave to Laurel Ave; thence northeasterly on Laurel Ave to Grotto Ave;

thence southerly on Grotto Ave to Loring Ave; thence easterly on Loring Ave to Gulf Ave; thence

southeasterly on Gulf Ave to Irving Ave; thence easterly on Irving Ave and its extension to the

Providence -- East Providence boundary line; thence northerly on the Providence -- East Providence

boundary line to the Pawtucket -- Providence boundary line; thence westerly on the Pawtucket --

Providence boundary line to the point of origin.

     Fifth district: The fifth representative district shall consist of all that part of the city of

Providence bounded by a line beginning at Smith St and Oakland Ave; thence northerly on Oakland

Ave to Eaton St; thence easterly on Eaton St to Douglas Ave; thence northerly on Douglas Ave to

Admiral St; thence westerly on Admiral St to Eva St; thence northerly on Eva St to Veazie St;

thence northwesterly on Veazie St to Douglas Ave; thence northwesterly on Douglas Ave to

Concannon St; thence easterly on Concannon St to Moy St; thence northerly on Moy St to Branch

Ave; thence easterly on Branch Ave to Opper St; thence northeasterly on Opper St to Greeley St;

thence northwesterly on Greeley St to Aventine Ave; thence northerly on Aventine Ave to Paul St;

thence easterly on Paul St to Charles St; thence southerly on Charles St to Ledge St; thence

northeasterly on Ledge St to Silver Spring St; thence northerly on Silver Spring St to Smithfield

Ave; thence northerly on Smithfield Ave to the Pawtucket -- Providence boundary line; thence

westerly on the Pawtucket -- Providence boundary line to the North Providence -- Pawtucket

boundary line; thence westerly and southwesterly on the North Providence -- Providence boundary

line to Admiral St; thence southeasterly on Admiral St to Sharon St; thence southerly on Sharon St

to La Salle Dr; thence easterly on La Salle Dr to census block 440070024002020; thence continuing

northerly, easterly and southerly on the boundary line between census blocks 440070024002020 -

- 440070024002018 and 440070024002020 -- 440070024002023 to Joy St; thence easterly on Joy

St to River Ave; thence southerly on River Ave to Smith St; thence southeasterly on Smith St to

the point of origin.

     Sixth district: The sixth representative district shall consist of all of that part of the city of

Providence bounded by a line beginning at Hannah St and Atwells Ave; thence westerly on Atwells

Ave to Manton Ave; thence westerly on Manton Ave to Rushmore Ave; thence northerly on

Rushmore Ave to Actina St; thence easterly on Actinia St to Imera St; thence northerly on Imera

St to the eastern boundary line of Triggs Memorial Golf Course; thence northerly on the eastern

boundary line of Triggs Memorial Golf Course to Galileo Ave; thence northeasterly on Galileo Ave

to Standish Ave; thence northerly on Standish Ave to Rialto St; thence easterly on Rialto St to

Mount Pleasant Ave; thence northerly on Mount Pleasant Ave to the northern boundary line of

census block 440070024006022; thence easterly on the northern boundary line of census block

440070024006022 to Elmcroft Ave; thence easterly on Elmcroft Ave to Whitford Ave; thence

easterly on Whitford Ave to Academy Ave; thence northerly on Academy Ave to Smith St; thence

southeasterly on Smith St to River Ave; thence northerly on River Ave to Joy St; thence westerly

on Joy St to census block 440070024002020; thence northerly, westerly and southerly on the

boundary line of census block 440070024002020 to La Salle Dr; thence westerly on La Salle Dr to

Sharon St; thence northerly on Sharon St to Admiral St; thence northwesterly on Admiral St to the

North Providence -- Providence boundary line; thence southwesterly on the North Providence

boundary line to the Johnston -- Providence boundary line and the Woonasquatucket River; thence

southeasterly and easterly on the Woonasquatucket River to census block 440070019003012;

thence northeasterly from the point of the Woonasquatucket River and census block

440070019003012 to the line extending from the eastern segment of Bosworth St; thence

northeasterly on Bosworth St to Curtis St; thence northwesterly on Curtis St to the western segment

of Bosworth St; thence northeasterly on Bosworth St to Manton Ave; thence northwesterly on

Manton Ave to Steere Ave; thence northeasterly on Steere Ave to Amherst St; thence westerly on

Amherst St to Hannah St; thence northerly on Hannah St to the point of origin.

     The sixth representative district shall also consist of all of that part of the town of North

Providence bounded by a line beginning at the North Providence -- Providence boundary line and

Hillside Dr; thence westerly on Hillside Dr to Longwood Ave; thence northwesterly on Longwood

Ave to Woodbine St; thence northerly on Woodbine St to Sherman Ave; thence westerly on

Sherman Ave to High Service Ave; thence northerly on High Service Ave to Superior View Blvd;

thence westerly on Superior View Blvd to Lookout Ave; thence southerly on Lookout Ave to Smith

St; thence southeasterly on Smith St to Homewood Ave; thence southerly on Homewood Ave to

Olney Ave; thence westerly on Olney Ave to Belcourt Ave; thence southerly on Belcourt Ave to

the northern boundary line of Rhode Island College; thence westerly on the northern boundary line

of Rhode Island College to Fruit Hill Ave; thence southwesterly on Fruit Hill Ave to Lyman Ave;

thence westerly on Lyman Ave to Woonasquatucket Ave; thence northwesterly on

Woonasquatucket Ave to Testa Dr; thence westerly on Testa Dr and its extension to the Johnston -

- North Providence boundary line; thence southeasterly on the Johnston -- North Providence

boundary line to the North Providence -- Providence boundary line; thence northeasterly on the

North Providence -- Providence boundary line to the point of origin.

     Seventh district: The seventh representative district shall consist of all of that part of the

city of Providence bounded by a line beginning at Atwells Ave and Academy Ave; thence northerly

on Academy Ave to Kepler St; thence easterly on Kepler St to census block 440070022003011;

thence northerly and easterly on the northern boundary line of census block 440070022003011 to

Allston St; thence northerly on Allston St to census block 440070022002014; thence northerly on

the eastern boundary line of census block 440070022003000 to Allston St; thence northeasterly on

Allston St to Harold St; thence northerly on Harold St to Berkley St; thence northeasterly on

Berkley St to River Ave; thence northwesterly on River Ave to Chalkstone Ave; thence

northeasterly on Chalkstone Ave to Rosebank Ave; thence northwesterly on Rosebank Ave to

Pleasant Valley Pkwy; thence westerly on Pleasant Valley Pkwy to census block

440070023002007; thence northerly on the western boundary line of census block

440070023002002 to Smith St; thence northwesterly on Smith St to Academy Ave; thence

southerly on Academy Ave to Whitford Ave; thence westerly on Whitford Ave to Elmcroft Ave;

thence westerly on Elmcroft Ave to census block 440070024006018; thence westerly on the

northern boundary line of census block 440070024006022 to Mount Pleasant Ave; thence southerly

on Mount Pleasant Ave to Rialto St; thence westerly on Rialto St to Standish Ave; thence southerly

on Standish Ave to Galileo Ave; thence westerly on Galileo Ave to the eastern boundary line of

Triggs Memorial Golf Course; thence southwesterly on the eastern boundary line of Triggs

Memorial Golf Course to Imera St; thence southerly on Imera St to Actina St; thence westerly on

Actinia St to Rushmore Ave; thence southerly on Rushmore Ave to Manton Ave; thence easterly

on Manton Ave to Atwells Ave; thence easterly on Atwells Ave to the point of origin.

     Eighth district: The eighth representative district shall consist of all of that part of the city

of Providence bounded by a line beginning at Oakland Ave and Smith St; thence northwesterly on

Smith St to census block 440070023002000; thence southerly and easterly on the western boundary

line of census block 440070023002002 to Pleasant Valley Pkwy; thence easterly on Pleasant Valley

Pkwy to Rosebank Ave; thence southeasterly on Rosebank Ave to Chalkstone Ave; thence westerly

on Chalkstone Ave to River Ave; thence southeasterly on River Ave to Berkley St; thence

southwesterly on Berkley St to Harold St; thence southerly on Harold St to Allston St; thence

southerly on the eastern boundary line of census block 440070022003000 to Allston St; thence

southerly on Allston St to census block 440070022003011; thence westerly and southerly on the

northern boundary line of census block 440070022003011 to Kepler St; thence westerly on Kepler

St to Academy Ave; thence southerly on Academy Ave to Atwells Ave; thence westerly on Atwells

Ave to Hannah St; thence southerly on Hannah St to Amherst St; thence easterly on Amherst St to

Pope St; thence southerly on Pope St to Kossuth St; thence easterly on Kossuth St to Bowdoin St;

thence southerly on Bowdoin St to Appleton St; thence northwesterly on Appleton St to Julian St;

thence southwesterly on Julian St to Manton Ave; thence southeasterly on Manton Ave to

Olneyville Sq; thence southerly on Olneyville Sq to Westminster St; thence easterly on

Westminster St to I-95; thence northerly on I-95 to State Highway 10; thence westerly on State

Highway 10 to Dean St; thence northerly on Dean St to Pleasant Valley Pkwy; thence northwesterly

on Pleasant Valley Pkwy to Raymond St; thence northwesterly on Raymond St to Oakland Ave;

thence northerly on Oakland Ave to the point of origin.

     Ninth district: The ninth representative district shall consist of all of that part of the city

of Providence bounded by a line beginning at Manton Ave and San Souci Dr; thence southerly on

Manton Ave to Olneyville Sq; thence southerly on Olneyville Sq to Westminster St; thence easterly

on Westminster St to I-95; thence southeasterly on I-95 to Point St; thence westerly on Point St to

Prairie Ave; thence southerly on Prairie Ave to Blackstone St; thence westerly on Blackstone St to

Friendship St; thence southwesterly on Friendship St to Broad St; thence northerly on Broad St to

Trinity Sq; thence southwesterly on Trinity Sq to Elmwood Ave; thence southwesterly on Elmwood

Ave to Arch St; thence westerly on Arch St to Gilmore St; thence southerly on Gilmore St to Wilson

St; thence westerly on Wilson St to Harrison St; thence southerly on Harrison St to Sprague St;

thence westerly on Sprague St to Diamond St; thence northerly on Diamond St to Hollis St; thence

westerly on Hollis St to Parade St; thence northerly on Parade St to Chapin Ave; thence westerly

on Chapin Ave to Messer St; thence southerly on Messer St to Wendell St; thence westerly on

Wendell St to Service Rd 1; thence southerly on Service Rd 1 to Union Ave; thence westerly on

Union Ave to State Highway 10; thence southerly on State Highway 10 to the Providence --

Cranston boundary line; thence northwesterly and westerly on the Providence -- Cranston boundary

line to Webster Ave; thence northerly on Webster Ave to Magnolia St; thence easterly on Magnolia

St to Judith St; thence northwesterly on Judith St to US Highway 6 on-ramp; thence westerly on

US Highway 6 on-ramp to Plainfield St; thence southwesterly on Plainfield St to Gifford St; thence

northerly on Gifford St to Whittier Ave; thence westerly on Whittier Ave to Heath St; thence

northerly on Heath St to Eastwood Ave; thence westerly on Eastwood Ave to Laurel Hill Ave;

thence northerly on Laurel Hill Ave to Hartford Ave; thence westerly on Hartford Ave to Flower

St; thence northerly on Flower St to Dresser St; thence northwesterly on Dresser St to Merino Park;

thence northerly and westerly on the southern boundary line of Merino Park to Melissa St; thence

northerly on Melissa St to Merino Park; thence northerly on the western boundary line of Merino

Park to the Woonasquatucket River; thence southeasterly and easterly on the Woonasquatucket

River to census block 440070019003012; thence northeasterly from the point of the

Woonasquatucket River and census block 440070019003012 to the line extending from the eastern

segment of Bosworth St; thence northeasterly on Bosworth St to Curtis St; thence northwesterly on

Curtis St to the western segment of Bosworth St; thence northeasterly on Bosworth St to Manton

Ave; thence northwesterly on Manton Ave to Steere Ave; thence northeasterly on Steere Ave to

Amherst St; thence easterly on Amherst St to Pope St; thence southerly on Pope St to Kossuth St;

thence easterly on Kossuth St to Bowdoin St; thence southerly on Bowdoin St to Appleton St;

thence northwesterly on Appleton St to Julian St; thence southwesterly on Julian St to Manton Ave;

thence southeasterly on Manton Ave to the point of origin.

     Tenth district: The tenth representative district shall consist of all of that part of the city

of Providence bounded by a line beginning at Dexter St and Sprague St; thence westerly on Sprague

St to Diamond St; thence northerly on Diamond St to Hollis St; thence westerly on Hollis St to

Parade St; thence northerly on Parade St to Chapin Ave; thence westerly on Chapin Ave to Messer

St; thence southerly on Messer St to Wendell St; thence westerly on Wendell St to Service Rd 1;

thence southerly on Service Rd 1 to Union Ave; thence westerly on Union Ave to State Highway

10; thence southerly on State Highway 10 to the Providence -- Cranston boundary line; thence

southerly, easterly and northerly on the Providence -- Cranston boundary line to Montgomery Ave;

thence westerly on Montgomery Ave to Fredrick C. Greene Memorial Blvd; thence northwesterly

on Fredrick C. Greene Memorial Blvd to census block 440070001024000; thence westerly on the

boundary line between census blocks 440070001024000 -- 440070001024001 and

440070001024000 -- 440070001024002 to Fredrick C. Greene Memorial Blvd; thence

southwesterly on Fredrick C. Greene Memorial Blvd to Linden Ave; thence westerly on Linden

Ave to Elmwood Ave; thence northerly on Elmwood Ave to Bellevue Ave; thence westerly on

Bellevue Ave to Bucklin St; thence northerly on Bucklin St to Dexter St; thence northerly on Dexter

St to the point of origin.

     Eleventh district: The eleventh representative district shall consist of all of that part of the

city of Providence bounded by a line beginning at Elmwood Ave and Broad St; thence southeasterly

on Broad St to Montgomery Ave; thence westerly on Montgomery Ave to Fredrick C. Greene

Memorial Blvd; thence northwesterly on Fredrick C. Greene Memorial Blvd to census block

440070001024000; thence westerly on the boundary line between census blocks 440070001024000

-- 440070001024001 and 440070001024000 -- 440070001024002 to Fredrick C. Greene Memorial

Blvd; thence southwesterly on Fredrick C. Greene Memorial Blvd to Linden Ave; thence

northwesterly on Linden Ave to Elmwood Ave; thence northerly on Elmwood Ave to Bellevue St;

thence westerly on Bellevue St to Bucklin St; thence northerly on Bucklin St to Dexter St; thence

northerly on Dexter St to Sprague St; thence easterly on Sprague St to Harrison St; thence northerly

on Harrison St to Wilson St; thence easterly on Wilson St to Gilmore St; thence northerly on

Gilmore St to Arch St; thence easterly on Arch St to Elmwood Ave; thence northerly on Elmwood

Ave to the point of origin.

     Twelfth district: The twelfth representative district shall consist of all of that part of the

city of Providence bounded by a line beginning at Prairie Ave and Point St; thence southerly on

Prairie Ave to Blackstone St; thence westerly on Blackstone St to Friendship St; thence southerly

on Friendship St to Broad St; thence southerly on Broad St to the Providence -- Cranston boundary

line; thence easterly on the Providence -- Cranston boundary line to the Providence -- East

Providence boundary line; thence northerly on the Providence -- East Providence boundary line to

the Providence River; thence northerly on the Providence River to US Highway 6; thence westerly

on US Highway 6 to Point St; thence westerly on Point St to the point of origin.

     Thirteenth district: The thirteenth representative district shall consist of all of that part of

the city of Providence bounded by a line beginning at the Johnston -- Providence boundary line and

Plainfield St; thence northeasterly on Plainfield St to Murray St; thence southeasterly on Murray

St to Pocasset Ave; thence southwesterly on Pocasset Ave to Hillhurst Ave; thence easterly on

Hillhurst Ave to Laurel Hill Ave; thence northerly on Laurel Hill Ave to Shafter St; thence easterly

on Shafter St to Terrace Ave; thence southerly on Terrace Ave to the Cranston -- Providence

boundary line; thence easterly on the Cranston -- Providence boundary line to Webster Ave; thence

northerly on Webster Ave to Magnolia St; thence easterly on Magnolia St to Judith St; thence

northwesterly on Judith St to US Highway 6 on-ramp; thence westerly on US Highway 6 on-ramp

to Plainfield St; thence southwesterly on Plainfield St to Gifford St; thence northerly on Gifford St

to Whittier Ave; thence westerly on Whittier Ave to Heath St; thence northerly on Heath St to

Eastwood Ave; thence westerly on Eastwood Ave to Laurel Hill Ave; thence northerly on Laurel

Hill Ave to Hartford Ave; thence westerly on Hartford Ave to Flower St; thence northerly on

Flower St to Dresser St; thence northwesterly on Dresser St to Merino Park; thence northerly and

westerly on the southern boundary line of Merino Park to Melissa St; thence northerly on Melissa

St to Merino Park; thence northerly on the western boundary line of Merino Park to the

Woonasquatucket River; thence northwesterly on Woonasquatucket River to the Johnston --

Providence boundary line; thence westerly and southerly on the Johnston -- Providence boundary

line to the point of origin.

     The thirteenth representative district shall also consist of all of that part of the town of

Johnston bounded by a line beginning at the Johnston -- Providence boundary line and Plainfield

St; thence southwesterly on Plainfield St to Morgan Ave; thence westerly on Morgan Ave to School

St; thence southerly on School St to census block 440070125001021; thence westerly and northerly

on the boundary line between census blocks 440070125001021 -- 440070125001009,

440070125001021 -- 440070125001024 and 440070125001013 -- 440070125001014, to Morgan

Ave and Downing Dr; thence northerly on Downing Dr to Central Ave; thence northeasterly on

Central Ave to Alden St; thence northwesterly on Alden St to Boundary Ave; thence easterly on

Boundary Ave to Harding Ave; thence northerly on Harding Ave to York Rd; thence easterly on

York Rd to census block 440070124021024; thence northerly and easterly on the boundary line

between census blocks 440070124021024 -- 440070124021025 and 440070124021024 --

440070124021027 to the Johnston -- Providence boundary line; thence southerly on the Johnston -

- Providence boundary line to the point of origin.

     Fourteenth district: The fourteenth representative district shall consist of all of that part

of the city of Cranston bounded by a line beginning at Park Ave and Cranston St; thence northerly

on Cranston St to Randall St; thence westerly on Randall St to Atwood Ave; thence northerly on

Atwood Ave to Walnut Grove Ave; thence westerly on Walnut Grove Ave to Elena St; thence

westerly on Elena St to Yard St; thence northerly on Yard St to Cannon St; thence westerly on

Cannon St to Royal Ave; thence northerly on Royal Ave to Atwood Ave; thence westerly on

Atwood Ave to the Johnston -- Cranston boundary line; thence northeasterly on the Johnston --

Cranston boundary line to the Providence -- Cranston boundary line; thence easterly and southerly

on the Providence -- Cranston boundary line to Frankfurt St; thence southwesterly on Frankfort St

to Speck Ave; thence westerly on Speck Ave to Hornbine St; thence northwesterly on Hornbine St

to Gleason St; thence westerly on Gleason St to Midwood St; thence southerly on Midwood St to

Harmon Ave; thence northwesterly and northeasterly on Harmon Ave to Wayne Ave; thence

northeasterly on Wayne Ave to Burnham Ave; thence northwesterly on Burnham Ave to

Washington Secondary Trail; thence southwesterly on Washington Secondary Trail to Park Ave;

thence westerly on Park Ave to the point of origin.

     The fourteenth representative district shall also consist of all of that part of the city of

Providence bounded by a line beginning at the Johnston -- Providence boundary line and Plainfield

St; thence northeasterly on Plainfield St to Murray St; thence southeasterly on Murray St to

Pocasset Ave; thence southwesterly on Pocasset Ave to Hillhurst Ave; thence easterly on Hillhurst

Ave to Laurel Hill Ave; thence northerly on Laurel Hill Ave to Shafter St; thence easterly on Shafter

St to Terrace Ave; thence southerly on Terrace Ave to the Providence -- Cranston boundary line;

thence westerly on the Providence -- Cranston boundary line to the Johnston -- Providence

boundary line; thence northwesterly on the Johnston -- Providence boundary line to the point of

origin.

     Fifteenth district: The fifteenth representative district shall consist of all of that part of the

city of Cranston bounded by a line beginning at the Johnston -- Cranston boundary line and

Comstock Pkwy; thence southerly on Comstock Pkwy to S Comstock Pkwy; thence southerly on

S Comstock Pkwy to census block 440070145012036; thence southwesterly on the boundary line

between census blocks 440070145012036 -- 440070145012014 and 440070145012036 --

440070145012037 to 440070145013004; thence southerly and southwesterly on the eastern

boundary line of census block 440070145013004 to Furnace Hill Brook; thence southeasterly on

Furnace Hill Brook to census block 440070145013048; thence southerly on the boundary line

between census blocks 440070145013048 -- 440070145013025 to Hope Rd; thence southwesterly

on Hope Rd to Burlingame Rd; thence easterly on Burlingame Rd to Lippitt Brook; thence

southerly on Lippitt Brook to the Cranston -- Coventry boundary line; thence easterly on the

Cranston -- Coventry boundary line to the Cranston -- West Warwick boundary line; thence easterly

on the Cranston -- West Warwick boundary line to the Cranston -- Warwick boundary line; thence

easterly on the Cranston -- Warwick boundary line to Pontiac Ave; thence northerly on Pontiac

Ave to East St; thence southwesterly on East St to Foster Rd; thence northwesterly on Foster Rd to

West Rd; thence northeasterly on West Rd to Keene Ave; thence northwesterly on Keene Ave to

census block 440070142002014; thence southwesterly, northwesterly, and northeasterly on the

boundary line between census blocks 440070142002014 -- 440070142002011 to Howard Ave;

thence northwesterly on Howard Ave to New London Ave; thence northeasterly on New London

Ave to State Highway 37; thence westerly on State Highway 37 to Washington Secondary Trail;

thence northerly on Washington Secondary Trail to Dean St; thence westerly on Dean St to the

eastern boundary line of Meshanticut Park; thence northerly on the eastern boundary line of

Meshanticut Park to Curtis St; thence westerly on Curtis St to Phenix Ave; thence southerly on

Phenix Ave to I-295; thence northwesterly on I-295 to Meshanticut Brook; thence easterly on

Meshanticut Brook to census block 440070148002024; thence northerly on the boundary line

between census blocks 440070148002024 -- 440070148002027, 440070148002024 --

440070148002025, 440070148002025 -- 440070148002014 and 440070148002025 --

440070148002011 to the Johnston -- Cranston boundary line; thence westerly on the Johnston --

Cranston boundary line to the point of origin.

     Sixteenth district: The sixteenth representative district shall consist of all of that part of

the city of Cranston bounded by a line beginning at the Cranston -- Warwick boundary line and

State Highway 37; thence westerly on State Highway 37 to Pontiac Ave; thence northerly on

Pontiac Ave to Sockanosset Cross Rd; thence northwesterly on Sockanosset Cross Rd to New

London Ave; thence northerly on New London Ave to Reservoir Ave; thence northeasterly on

Reservoir Ave to Leyden St; thence westerly on Leyden St to Capital Way; thence northerly on

Capital Way to Park Ave; thence westerly on Park Ave to Washington Secondary Trail; thence

northeasterly on Washington Secondary Trail to Burnham Ave; thence southeasterly on Burnham

Ave to Wayne Ave; thence southwesterly on Wayne Ave to Harmon Ave; thence southerly and

southeasterly on Harmon Ave to Midwood St; thence northerly on Midwood St to Gleason St;

thence easterly on Gleason St to Hornbine St; thence southeasterly on Hornbine St to Speck Ave;

thence easterly on Speck Ave to Frankfurt St; thence northeasterly on Frankfort St to the Cranston

-- Providence boundary line; thence southeasterly on the Cranston -- Providence boundary line to

Reservoir Ave; thence southwesterly on Reservoir Ave to Park Ave; thence southeasterly on Park

Ave to Pontiac Ave; thence southwesterly and southerly on Pontiac Ave to Hodsell St; thence

easterly on Hodsell St to Arthur St; thence southeasterly on Arthur St to Doric Ave; thence northerly

on Doric Ave to Laurens St; thence easterly on Laurens St to I-95; thence southerly on I-95 to the

Cranston -- Warwick boundary line; thence westerly and southwesterly on the Cranston -- Warwick

boundary line to the point of origin.

     Seventeenth district: The seventeenth representative district shall consist of all of that part

of the city of Cranston bounded by a line beginning at State Highway 37 and New London Ave;

thence southwesterly on New London Ave to Howard Ave; thence southeasterly on Howard Ave

to census block 440070142002014; thence southwesterly, southeasterly and northeasterly on the

boundary line between census blocks 440070142002014 -- 440070142002011 to Keene Ave;

thence southeasterly on Keene Ave to West Rd; thence southwesterly on West Rd to Foster Rd;

thence southeasterly on Foster Rd to East St; thence northeasterly on East St to Pontiac Ave; thence

northeasterly on Pontiac Ave to census block 440070142002029; thence northerly on the boundary

line between census blocks 440070142002028 -- 440070142002029, 440070142002019 --

440070142002021, 440070142002008 -- 440070142002009 to State Highway 37; thence easterly

on State Highway 37 to Pontiac Ave; thence northerly on Pontiac Ave to Sockanosset Cross Rd;

thence northwesterly on Sockanosset Cross Rd to New London Ave; thence northerly on New

London Ave to Reservoir Ave; thence northeasterly on Reservoir Ave to Leyden St; thence

westerly on Leyden St to Capital Way; thence northerly on Capital Way to Park Ave; thence

westerly on Park Ave to Cranston St; thence northerly on Cranston St to Randall St; thence westerly

on Randall St to Atwood Ave; thence northerly on Atwood Ave to Walnut Grove Ave; thence

westerly on Walnut Grove Ave to Elena St; thence westerly on Elena St to Village Ave; thence

northwesterly on Village Ave to Harcourt St; thence southwesterly on Harcourt St to Marlow St

and census block 440070148003010; thence westerly and southerly on the northern and western

boundary line of census block 440070148003010 to census block 440070148003022; thence

westerly on the northern boundary line of census blocks 440070148003022 and 440070148003032

to Arrow Way; thence southerly on Arrow Way to Scituate Ave; thence westerly on Scituate Ave

to I-295; thence southeasterly on I-295 to Phenix Ave; thence northerly on Phenix Ave to Curtis

St; thence easterly on Curtis St to the eastern boundary line of Meshanticut Park; thence southerly

on the eastern boundary line of Meshanticut Park to Dean St; thence easterly on Dean St to

Washington Secondary Trail; thence southerly on Washington Secondary Trail to State Highway

37; thence easterly on State Highway 37 to the point of origin.

     Eighteenth district: The eighteenth representative district shall consist of all of that part

of the city of Cranston bounded by a line beginning at the Cranston -- Warwick boundary line and

I-95; thence northeasterly on the Cranston -- Warwick boundary line to Warwick Ave; thence

northeasterly on Warwick Ave to Norwood Ave; thence northeasterly on Norwood Ave to

Narragansett Bay and the Cranston -- East Providence boundary line; thence northerly on the

Cranston -- East Providence boundary line to the Cranston -- Providence boundary line; thence

westerly, southerly and northerly on the Cranston -- Providence boundary line to Reservoir Ave;

thence southwesterly on Reservoir Ave to Park Ave; thence southeasterly on Park Ave to Pontiac

Ave; thence southwesterly and southerly on Pontiac Ave to Hodsell St; thence easterly on Hodsell

St to Arthur St; thence southeasterly on Arthur St to Doric Ave; thence northerly on Doric Ave to

Laurens St; thence easterly on Laurens St to I-95; thence southerly on I-95 to the point of origin.

     Nineteenth district: The nineteenth representative district shall consist of all of that part

of the city of Warwick bounded by a line beginning at the Cranston -- Warwick boundary line and

Warwick Ave; thence southwesterly on the Cranston -- Warwick boundary line to Cranberry Bog

Brook; thence southerly on Cranberry Bog Brook to Pawtuxet Ave; thence easterly on Pawtuxet

Ave to George St; thence southerly on George St to Post Rd; thence northeasterly on Post Rd to

Atlantic Ave; thence easterly on Atlantic Ave to Warwick Ave; thence southerly on Warwick Ave

to Spring Green Pond; thence easterly on the unnamed river from Spring Green Pond to

Narragansett Bay and the Warwick -- East Providence boundary line; thence northwesterly on the

Warwick -- East Providence boundary line to the Cranston -- Warwick boundary line; thence

northwesterly on the Cranston -- Warwick boundary line to the point of origin.

     The nineteenth representative district shall also consist of all of that part of the city of

Cranston bounded by a line beginning at the Cranston -- Warwick boundary line and Warwick Ave;

thence northeasterly on Warwick Ave to Norwood Ave; thence northeasterly on Norwood Ave to

Narragansett Bay and the Cranston -- East Providence boundary line; thence southerly on the

Cranston -- East Providence boundary line to the Cranston -- Warwick boundary line; thence

northwesterly on the Cranston -- Warwick boundary line to the point of origin.

     Twentieth district: The twentieth representative district shall consist of all of that part of

the city of Warwick bounded by a line beginning at Centerville Rd and I-95; thence westerly on

Centerville Rd to Bald Hill Rd; thence northerly on Bald Hill Rd to Tollgate Rd; thence westerly

on Tollgate Rd to the Warwick -- West Warwick boundary line; thence northerly on the Warwick

-- West Warwick Boundary line to the Washington Secondary Trail; thence northerly on

Washington Secondary Trail to East Ave; thence northwesterly on East Ave to the Warwick -- West

Warwick boundary line; thence northerly on the Warwick -- West Warwick boundary line to the

Cranston -- Warwick boundary line; thence northeasterly on the Cranston -- Warwick boundary

line to Cranberry Bog Brook; thence southerly on Cranberry Bog Brook to Pawtuxet Ave; thence

easterly on Pawtuxet Ave to George St; thence southerly on George St to Post Rd; thence

southwesterly on Post Rd to Strawberry Field Rd; thence southeasterly on Strawberry Field Rd to

the western boundary line of Rhode Island TF Green International Airport; thence southerly on the

western boundary line of Rhode Island TF Green International Airport to Main Ave; thence

westerly on Main Ave to the Amtrak RR; thence southerly on the Amtrak RR to Apponaug Cove;

thence southeasterly on Apponaug Cove to the line extending from Masthead Dr; thence westerly

on Masthead Dr to Post Rd; thence northerly on Post Rd to Greenwich Ave; thence northwesterly

on Greenwich Ave to census block 440030221003016; thence southeasterly on the northern

boundary line of census block 440030221003024 to I-95; thence southerly on I-95 to the point of

origin.

     The twentieth representative district shall also consist of all of that part of the city of

Cranston bounded by a line beginning at the Cranston -- Warwick boundary line and Pontiac Ave;

thence northerly and northeasterly on Pontiac Ave to census block 440070142002029; thence

northerly on the boundary line between census blocks 440070142002028 -- 440070142002029,

440070142002019 -- 440070142002021 and 440070142002008 -- 440070142002009 to State

Highway 37; thence easterly on State Highway 37 to the Cranston -- Warwick boundary line; thence

southwesterly on the Cranston -- Warwick boundary line to the point of origin.

     Twenty-first district: The twenty-first representative district shall consist of all of that

part of the city of Warwick bounded by a line beginning at Post Rd and Atlantic Ave; thence

easterly on Atlantic Ave to Warwick Ave; thence southerly on Warwick Ave to Spring Green Pond;

thence easterly on the unnamed river from Spring Green Pond to Narragansett Bay and the Warwick

-- East Providence boundary line; thence southerly on the Warwick -- East Providence boundary

line to the Warwick -- Barrington boundary line; thence southerly on the Warwick -- Barrington

boundary line to the point extending from Symonds Ave; thence westerly on the line extending

from Symonds Ave to Symonds Ave; thence southwesterly on Symonds Ave to Bush Ave; thence

northwesterly on Bush Ave to West Shore Rd; thence northerly on West Shore Rd to Winter Ave;

thence southwesterly on Winter Ave to Green River Ave; thence southeasterly on Green River Ave

to Obidiah Ave; thence southwesterly on Obidiah Ave to Church Ave; thence northwesterly on

Church Ave to Warwick Ave; thence southerly on Warwick Ave to Sevilla Ave; thence

southwesterly on Sevilla Ave to Julian Rd; thence southerly on Julian Rd to Rodney Rd; thence

southwesterly on Rodney Rd to census block 440030214011006; thence southwesterly on the

boundary line between census blocks 440030214011006 -- 440030214011012 to Buckeye Brook;

thence westerly on Buckeye Brook to the eastern boundary line of Rhode Island TF Green

International Airport; thence southwesterly and northwesterly on the eastern boundary line of

Rhode Island TF Green International Airport to Warwick Industrial Dr; thence southerly on

Warwick Industrial Dr to Main Ave; thence westerly on Main Ave to the western boundary line of

Rhode Island TF Green International Airport; thence northerly on the western boundary line of

Rhode Island TF Green International Airport to Strawberry Field Rd; thence northwesterly on

Strawberry Field Rd to Post Rd; thence northeasterly on Post Rd to the point of origin.

     Twenty-second district: The twenty-second representative district shall consist of all of

that part of the city of Warwick bounded by a line beginning at Church Ave and Warwick Ave;

thence southeasterly on Warwick Ave to Sandy Ln; thence southwesterly on Sandy Ln to Wilde

Field Dr; thence southerly on Wilde Field Dr to census block 440030218002000; thence southerly

on the boundary line between census blocks 440030218002004 -- 440030218002000 to Waterview

Ave; thence westerly on Waterview Ave to Sefton Ave; thence southerly on Sefton Ave to West

Shore Rd; thence easterly on West Shore Rd to Horseneck Rd; thence southeasterly on Horseneck

Rd to Gordon Ave; thence westerly on Gordon Ave to Elliot Ave; thence southeasterly on Elliot

Ave to Sea View Dr; thence southwesterly on Sea View Dr to census block 440030217003007;

thence southwesterly on the boundary line between census blocks 440030217003007 --

440030217004029 to Greenwich Bay; thence southerly, easterly and northerly on the shoreline to

the line extending from Symonds Ave; thence southwesterly on Symonds Ave to Bush Ave; thence

northwesterly on Bush Ave to West Shore Rd; thence northerly on West Shore Rd to Winter Ave;

thence southwesterly on Winter Ave to Green River Ave; thence southeasterly on Green River Ave

to Obidiah Ave; thence southwesterly on Obidiah Ave to Church Ave; thence westerly on Church

Ave to the point of origin.

     Twenty-third district: The twenty-third representative district shall consist of all of that

part of the city of Warwick bounded by a line beginning at Warwick Ave and Sevilla Ave; thence

southwesterly on Sevilla Ave to Julian Rd; thence southerly on Julian Rd to Rodney Rd; thence

southwesterly on Rodney Rd to census block 440030214011006; thence southwesterly on the

boundary line between census blocks 440030214011006 -- 440030214011012 to Buckeye Brook;

thence westerly on Buckeye Brook to the eastern boundary line of Rhode Island TF Green

International Airport; thence southerly on the eastern boundary line of Rhode Island TF Green

International Airport to Warwick Industrial Dr; thence southerly on Warwick Industrial Dr to Main

Ave; thence westerly on Main Ave to Amtrak RR; thence southerly on Amtrak RR to Apponaug

Cove and census block 440030220002045; thence southeasterly on Apponaug Cove to Greenwich

Bay; thence easterly on the shoreline of Greenwich Bay to Brush Neck Cove; thence northerly on

Brush Neck Cove to census block 440030217004029; thence northeasterly on the boundary line

between census blocks 440030217003007 -- 440030217004029 to Sea View Dr; thence

northeasterly on Sea View Dr to Elliot Ave; thence northerly on Elliot Ave to Gordon Ave; thence

easterly on Gordon Ave to Horseneck Rd; thence northwesterly on Horseneck Rd to West Shore

Rd; thence westerly on West Shore Rd to Sefton Ave; thence northerly on Sefton Ave to Waterview

Ave; thence easterly on Waterview Ave to census block 440030218002000; thence northerly on

the boundary line between census blocks 440030218002004 -- 440030218002000 to Wilde Field

Dr; thence northerly on Wilde Field Dr to Sandy Ln; thence northeasterly on Sandy Ln to Warwick

Ave; thence northerly on Warwick Ave to the point of origin.

     Twenty-fourth district: The twenty-fourth representative district shall consist of all of

that part of the city of Warwick bounded by a line beginning at I-95 and Centerville Rd; thence

westerly on Centerville Rd to the Warwick -- West Warwick boundary line; thence southerly on

the Warwick -- West Warwick boundary line to the Warwick -- East Greenwich boundary line;

thence easterly on the Warwick -- East Greenwich boundary to Greenwich Bay; thence northerly

on Greenwich Bay to the point extending from Masthead Dr; thence westerly on Masthead Dr to

Post Rd; thence northerly on Post Rd to Greenwich Ave; thence northwesterly on Greenwich Ave

to census block 440030221003016; thence southwesterly on the northern boundary line of census

block 440030221003024 to I-95; thence southerly on I-95 to the point of origin.

     The twenty-fourth representative district shall also consist of all that part of the city of

Warwick known as Potowomut or Potowomut Neck.

     The twenty-fourth representative district shall also consist of all that part of the town of

East Greenwich bounded by a line beginning at South Pierce Rd and Post Rd; thence northwesterly

on South Pierce Rd to Westwood Dr; thence northeasterly on Westwood Dr to Lebaron Dr; thence

northwesterly on Lebaron Dr to Middle Rd; thence northeasterly on Middle Rd to Kenyon Ave;

thence northerly on Kenyon Ave to census block 440030209013022; thence southeasterly and

northerly on the boundary line between census blocks 440030209013022 -- 440030209013023,

440030209013022 -- 440030209013027 and 440030209013022 -- 440030209013028 to First Ave;

thence southeasterly on First Ave to Main St; thence southerly on Main St to Post Rd; thence

southerly on Post Rd to Old Forge Rd; thence easterly on Old Forge Rd to the Warwick -- East

Greenwich boundary line; thence southerly and westerly on the Warwick -- East Greenwich

boundary line to Post Rd; thence northerly on Post Rd to the point of origin.

     Twenty-fifth district: The twenty-fifth representative district shall consist of all of that

part of the town of West Warwick bounded by a line beginning at the Coventry -- West Warwick

boundary line and Hillside Ave; thence easterly on Hillside Ave to Fairview Ave; thence

northeasterly on Fairview Ave to the Pawtuxet River; thence easterly on the Pawtuxet River to the

Pawtuxet River South Branch; thence southerly on the Pawtuxet River South Branch to census

block 440030202001033; thence southeasterly on the boundary line between census blocks

440030202001033 -- 440030202001027, 440030202001033 -- 440030202001024 and

440030202001033 -- 440030202001020 to the West Warwick -- Warwick boundary line; thence

southerly and easterly on the West Warwick -- Warwick boundary line to Revere Ave; thence

southerly on Revere Ave to Buckley Ave; thence westerly on Buckley Ave to Dawes St; thence

westerly on Dawes St to Church St; thence northerly on Church St to Nestor St; thence westerly on

Nestor St to New London Turnpike; thence southerly on New London Turnpike to Pulaski St;

thence westerly and northerly on Pulaski St to Windsor Park Dr; thence westerly on Windsor Park

Dr to the Coventry -- West Warwick boundary line; thence northerly on the Coventry -- West

Warwick boundary line to the point of origin.

     The twenty-fifth representative district shall also consist of all of that part of the town of

Coventry bounded by a line beginning at the Coventry -- West Warwick boundary line and Hillside

Ave; thence westerly on Hillside Ave to Brown St; thence northerly on Brown St to Hill St; thence

westerly on Hill St to Blackrock Rd; thence southerly on Blackrock Rd to Fairview Ave; thence

southerly on Fairview Ave to the Pawtuxet River South Branch; thence southeasterly on the

Pawtuxet River South Branch to the Coventry -- West Warwick boundary line; thence northerly on

the Coventry -- West Warwick boundary line to the point of origin.

     Twenty-sixth district: The twenty-sixth representative district shall consist of all of that

part of the town of Coventry bounded by a line beginning at the Coventry -- West Warwick

boundary line and Hillside Ave; thence westerly on Hillside Ave to Brown St; thence northerly on

Brown St to Hill St; thence westerly on Hill St to Blackrock Rd; thence southerly on Blackrock Rd

to Gervais St; thence westerly on Gervais St to Knotty Oak Rd; thence northerly on Knotty Oak Rd

to Hunters Crossing Dr; thence westerly on Hunters Crossing Dr to Colvintown Rd; thence

northerly on Colvintown Rd to the Scituate -- Coventry boundary line; thence easterly on the

Scituate -- Coventry boundary line to the Cranston -- Coventry boundary line; thence easterly on

the Cranston -- Coventry boundary line to the Coventry -- West Warwick boundary line; thence

southerly on the Coventry -- West Warwick boundary line to the point of origin.

     The twenty-sixth representative district shall also consist of all of that part of the town of

West Warwick bounded by a line beginning at the Coventry -- West Warwick boundary line and

Hillside Ave; thence easterly on Hillside Ave to Fairview Ave; thence northeasterly on Fairview

Ave to the Pawtuxet River; thence easterly on Pawtuxet River to the Pawtuxet River South Branch;

thence southerly on the Pawtuxet River South Branch to census block 440030202001033; thence

southeasterly on the boundary line between census blocks 440030202001033 -- 440030202001027,

440030202001033 -- 440030202001024 and 440030202001033 -- 440030202001020 to the West

Warwick -- Warwick boundary line; thence northeasterly on the West Warwick -- Warwick

boundary line to the Cranston -- West Warwick boundary line; thence westerly on the Cranston --

West Warwick boundary line to the Coventry -- West Warwick boundary line; thence southerly on

the Coventry -- West Warwick boundary line to the point of origin.

     The twenty-sixth representative district shall also consist of all of that part of the city of

Warwick bounded by a line beginning at the Warwick -- West Warwick boundary line and

Centerville Rd; thence easterly on Centerville Rd to Bald Hill Rd; thence northerly on Bald Hill

Rd to Tollgate Rd; thence westerly on Tollgate Rd to the Warwick -- West Warwick boundary line;

thence northerly on the Warwick -- West Warwick boundary line to the Washington Secondary

Trail; thence northerly on Washington Secondary Trail to East Ave; thence northwesterly on East

Ave to the Warwick -- West Warwick boundary line; thence southwesterly on the Warwick -- West

Warwick boundary line to the point of origin.

     Twenty-seventh district: The twenty-seventh representative district shall consist of all of

that part of the town of Coventry bounded by a line beginning at the Coventry -- East Greenwich

boundary line and Arnold Rd; thence easterly on Coventry -- East Greenwich boundary line to the

Coventry -- West Warwick boundary line; thence northerly on the Coventry -- West Warwick

boundary line to the Pawtuxet River South Branch; thence northwesterly on the Pawtuxet River

South Branch to Washington Secondary Trail; thence westerly on Washington Secondary Trail to

Laurel Ave; thence southerly on Laurel Ave to Pilgrim Ave; thence southerly on Pilgrim Ave to

Tiogue Ave; thence westerly on Tiogue Ave to Arnold Rd; thence southeasterly on Arnold Rd to

the point of origin.

     The twenty-seventh representative district shall also consist of all of that part of the town

of West Warwick bounded by a line beginning at the Warwick -- West Warwick boundary line and

Revere Ave; thence southerly on Revere Ave to Buckley Ave; thence westerly on Buckley Ave to

Dawes St; thence westerly on Dawes St to Church St; thence northerly on Church St to Nestor St;

thence westerly on Nestor St to Main St; thence southerly on Main St to Pulaski St; thence westerly

on Pulaski St to Windsor Park Dr; thence westerly on Windsor Park Dr to the Coventry -- West

Warwick boundary line; thence southerly on the Coventry -- West Warwick boundary line to the

West Warwick -- East Greenwich boundary line; thence easterly on the West Warwick -- East

Greenwich boundary line to the Warwick -- West Warwick boundary line; thence northerly and

westerly on the Warwick -- West Warwick boundary line to the point of origin.

     Twenty-eighth district: The twenty-eighth representative district shall consist of all of

that part of the town of Coventry bounded by a line beginning at the intersection of the Coventry -

- West Greenwich boundary line and Victory Hwy; thence easterly on the Coventry -- West

Greenwich boundary line to Big River; thence northerly on the Big River and Flat River Reservoir

to the line extending from Kingfisher Dr; thence northerly on Kingfisher Dr to Osprey Dr; thence

northeasterly on Osprey Dr to Island Dr; thence northerly on Island Dr to Club House Rd; thence

easterly on Club House Rd to Eastgate Dr; thence northerly on Eastgate Dr to Doric Ct; thence

northerly and easterly on Doric Ct to Reservoir Rd; thence southeasterly on Reservoir Rd to Tiogue

Ave; thence easterly on Tiogue Ave to Mishnock River; thence northeasterly on Mishnock River

to Pawtuxet River South Branch; thence easterly on Pawtuxet River South Branch to Sandy Bottom

Rd; thence northerly on Sandy Bottom Rd to Washington St; thence easterly on Washington St to

Washington Secondary Trail; thence easterly on Washington Secondary Trail to the Pawtuxet

River; thence northwesterly on the Pawtuxet River to Fairview Ave; thence northerly on Fairview

Ave to Blackrock Rd; thence northerly on Blackrock Rd to Gervais St; thence westerly on Gervais

St to Knotty Oak Rd; thence northerly on Knotty Oak Rd to Hunters Crossing Dr; thence westerly

on Hunters Crossing Dr to Colvintown Rd; thence northerly on Colvintown Rd to the Scituate --

Coventry boundary line; thence westerly on the Scituate -- Coventry boundary line to the Foster --

Coventry boundary line; thence westerly on the Foster -- Coventry boundary line to Victory Hwy;

thence southerly on Victory Hwy to the point of origin.

     Twenty-ninth district: The twenty-ninth representative district shall consist of all of that

part of the town of Coventry bounded by a line beginning at the Coventry -- East Greenwich

boundary line and Arnold Rd; thence westerly on the Coventry -- East Greenwich boundary line to

the Coventry -- West Greenwich boundary line; thence westerly on the Coventry -- West

Greenwich boundary line to Big River; thence northerly on the Big River and Flat River Reservoir

to the line extending from Kingfisher Dr; thence northerly on Kingfisher Dr to Osprey Dr; thence

northeasterly on Osprey Dr to Island Dr; thence northerly on Island Dr to Club House Rd; thence

easterly on Club House Rd to Eastgate Dr; thence northerly on Eastgate Dr to Doric Ct; thence

northerly and easterly on Doric Ct to Reservoir Rd; thence southeasterly on Reservoir Rd to Tiogue

Ave; thence easterly on Tiogue Ave to Mishnock River; thence northeasterly on Mishnock River

to the Pawtuxet River South Branch; thence easterly on Pawtuxet River South Branch to Sandy

Bottom Rd; thence northerly on Sandy Bottom Rd to Washington St; thence easterly on

Washington St to Washington Secondary Trail; thence easterly on Washington Secondary Trail to

Laurel Ave; thence southerly on Laurel Ave to Pilgrim Ave; thence southwesterly on Pilgrim Ave

to Tiogue Ave; thence westerly on Tiogue Ave to Arnold Rd; thence southeasterly on Arnold Rd

to the point of origin.

     The twenty-ninth representative district shall also consist of all of that part of the town of

West Greenwich bounded by a line beginning at the West Greenwich -- East Greenwich boundary

line and I-95; thence southwesterly on I-95 to the West Greenwich -- Exeter boundary line; thence

westerly on the West Greenwich -- Exeter boundary line to the Rhode Island -- Connecticut

boundary line; thence northerly on the Rhode Island - Connecticut boundary line to the Coventry -

- West Greenwich boundary line; thence easterly on the Coventry -- West Greenwich boundary line

to the West Greenwich -- East Greenwich boundary line; thence southerly on the West Greenwich

-- East Greenwich boundary line to the point of origin.

     Thirtieth district: The thirtieth representative district shall consist of all that part of the

town of East Greenwich bounded by a line beginning at the intersection of South Pierce Rd and

Post Rd; thence northwesterly on South Pierce Rd to Westwood Dr; thence northeasterly on

Westwood Dr to Lebaron Dr; thence northwesterly on Lebaron Dr to Middle Rd; thence

northeasterly on Middle Rd to Kenyon Ave; thence northerly on Kenyon Ave to census block

440030209013022; thence southeasterly and northerly on the boundary line between census blocks

440030209013022 -- 440030209013023, 440030209013022 -- 440030209013027 and

440030209013022 -- 440030209013028 to First Ave; thence southeasterly on First Ave to Main

St; thence southerly on Main St to Post Rd; thence southerly on Post Rd to Old Forge Rd; thence

easterly on Old Forge Rd to the Warwick -- East Greenwich boundary line; thence northerly and

easterly on the Warwick -- East Greenwich boundary line to the West Warwick -- East Greenwich

boundary line; thence westerly on the West Warwick -- East Greenwich boundary line to the

Coventry -- East Greenwich boundary line; thence westerly on the Coventry -- East Greenwich

boundary line to the West Greenwich -- East Greenwich boundary line; thence southerly on the

West Greenwich -- East Greenwich boundary line to the East Greenwich -- Exeter boundary line;

thence easterly on the East Greenwich -- Exeter boundary line to the East Greenwich -- North

Kingstown boundary line; thence easterly and northerly on the east Greenwich -- North Kingstown

boundary line to Post Rd; thence northerly on Post Rd to the point of origin.

     The thirtieth representative district shall also consist of all of that part of the town of West

Greenwich bounded by a line beginning at the West Greenwich -- East Greenwich boundary line

and I-95; thence southwesterly on I-95 to the West Greenwich -- Exeter boundary line; thence

easterly on the West Greenwich -- Exeter boundary line to the West Greenwich -- East Greenwich

boundary line; thence northerly on the West Greenwich -- East Greenwich boundary line to the

point of origin.

     Thirty-first district: The thirty-first district shall consist of all of that part of the town of

North Kingstown bounded by a line beginning at the Exeter -- North Kingstown boundary line and

the Amtrak RR; thence northeasterly on the Amtrak RR to census block 440090503012001; thence

easterly on the boundary line between census blocks 440090503012001 -- 440090503012016 to

Cocumcussoc Brook; thence northerly, easterly and southeasterly on Cocumcussoc Brook to Post

Rd; thence northerly on Post Rd to Seaview RR; thence northeasterly on Seaview RR to Roger

Williams Way; thence southeasterly on Roger Williams Way and its extension to Narragansett Bay

and the North Kingstown -- Jamestown boundary line; thence northerly on the North Kingstown -

- Jamestown boundary line to the North Kingstown-Portsmouth boundary line; thence northerly on

the North Kingstown -- Portsmouth boundary line to the Warwick -- North Kingstown boundary

line; thence southwesterly on the Warwick -- North Kingstown boundary line to the East Greenwich

-- North Kingstown boundary line; thence southwesterly and westerly on the East Greenwich --

North Kingstown boundary line to the Exeter -- North Kingstown boundary line; thence southerly

on the Exeter -- North Kingstown boundary line to the point of origin.

     The thirty-first district shall also consist of all of that part of the town of Exeter bounded

by a line beginning at the Exeter -- South Kingstown boundary line and South County Trail; thence

northerly on South County Trail to South Rd; thence northerly on South Rd to census block

440090505003086; thence southeasterly on the northern boundary lines of census blocks

440090505003092 and 440090505003091 to the Exeter -- North Kingstown boundary line; thence

southerly on the Exeter -- North Kingstown boundary line to the Exeter -- South Kingstown

boundary line; thence westerly on the Exeter -- South Kingstown boundary line to the point of

origin.

     Thirty-second district: The thirty-second district shall consist of all of that part of the

town of North Kingstown bounded by a line beginning at the Exeter -- North Kingstown boundary

line and the Amtrak RR; thence northeasterly on the Amtrak RR to census block

440090503012001; thence easterly on the boundary line between census blocks 440090503012001

-- 440090503012016 to Cocumcussoc Brook; thence northerly, easterly and southeasterly on

Cocumcussoc Brook to Post Rd; thence northerly on Post Rd to Seaview RR; thence northeasterly

on Seaview RR to Roger Williams Way; thence southeasterly on Roger Williams Way and its

extension to Narragansett Bay and the North Kingstown -- Jamestown boundary line; thence

southerly on the North Kingstown -- Jamestown boundary line to the North Kingstown --

Narragansett boundary line; thence westerly on the North Kingstown -- Narragansett boundary line

to the North Kingstown -- South Kingstown boundary line; thence westerly on the North Kingstown

-- South Kingstown boundary line to the Exeter -- North Kingstown boundary line; thence

northwesterly on the Exeter -- North Kingstown boundary line to the point of origin.

     Thirty-third district: The thirty-third representative district shall consist of that part of

the town of Narragansett bounded by a line beginning at the South Kingstown -- Narragansett

boundary line and Mumford Rd; thence southeasterly on Mumford Rd to Kingstown Rd; thence

easterly on Kingstown Rd to Strathmore Rd; thence northerly on Strathmore Rd to census block

440090515031005; thence westerly on the boundary line between census blocks 440090515031005

-- 440090515031044 to Little Neck Pond; thence northerly on Little Neck Pond to Anne Hoxie Ln;

thence easterly on Anne Hoxie Ln to Boston Neck Rd; thence southerly on Boston Neck Rd to

Narragansett Ave; thence easterly on the extension of Narragansett Ave to the Atlantic Ocean and

the Narragansett boundary line; thence northerly on the Narragansett boundary line to the North

Kingstown -- Narragansett boundary line; thence westerly on the North Kingstown -- Narragansett

boundary line to the South Kingstown -- Narragansett boundary line; thence southwesterly on the

South Kingstown -- Narragansett boundary line to the point of origin.

     The thirty-third representative district shall also consist of that part of the town of South

Kingstown bounded by a line beginning at the Exeter -- South Kingstown boundary line and Old

North Rd; thence southerly on Old North Rd to Kingstown Rd; thence westerly on Kingstown Rd

to South Rd; thence southerly on South Rd to the William C. O'Neill Bike Path; thence easterly on

the William C. O'Neill Bike Path to Curtis Corner Rd; thence northeasterly on Curtis Corner Rd to

Saugatucket Rd; thence easterly on Saugatucket Rd to North Rd; thence southerly on North Rd to

Kingstown Rd; thence southeasterly on Kingstown Rd to the South Kingstown -- Narragansett

boundary line; thence easterly and northerly on the South Kingstown -- Narragansett boundary line

to the point of origin.

     Thirty-fourth district: The thirty-fourth representative district shall consist of that part of

the town of South Kingstown bounded by a line beginning at Curtis Corner Rd and William C.

O'Neill Bike Path; thence northeasterly on Curtis Corner Rd to Saugatucket Rd; thence easterly on

Saugatucket Rd to North Rd; thence southerly on North Rd to Kingstown Rd; thence southeasterly

on Kingstown Rd to the South Kingstown -- Narragansett boundary line; thence southerly on the

South Kingstown -- Narragansett boundary line to the line extending from Smelt Brook; thence

northwesterly on Smelt Brook to Browns Brook; thence northerly on Browns Brook to Commodore

Perry Highway; thence easterly on Commodore Perry Highway to Post Rd; thence northerly on

Post Rd to South Rd; thence northwesterly on South Rd to Allen Ave; thence easterly on Allen Ave

to Rodman St; thence northerly on Rodman St to the William C. O'Neill Bike Path; thence westerly

on William C. O'Neill Bike Path to census block 440090512012016; thence westerly between the

boundary lines of census blocks 440090512012016 -- 440090512012015 and 440090512012005 -

- 440090512012014 to census block 440090512012005; thence northwesterly on the eastern

boundary line of census block 440090512012005 to Curtis Corner Rd; thence northeasterly on

Curtis Corner Rd to the point of origin.

     The thirty-fourth representative district shall consist of that part of the town of South

Kingstown known as Gardner Island, Plato Island and Beef Island.

     The thirty-fourth representative district shall also consist of that part of the town of

Narragansett bounded by a line beginning at the South Kingstown -- Narragansett boundary line

and Mumford Rd; thence southeasterly on Mumford Rd to Kingstown Rd; thence easterly on

Kingstown Rd to Strathmore Rd; thence northerly on Strathmore Rd to census block

440090515031005; thence westerly on the boundary line between census blocks 440090515031005

-- 440090515031044 to Little Neck Pond; thence northerly on Little Neck Pond to Anne Hoxie Ln;

thence easterly on Anne Hoxie Ln to Boston Neck Rd; thence southerly on Boston Neck Rd to

Narragansett Ave; thence easterly on the extension of Narragansett Ave to the Atlantic Ocean and

the Narragansett boundary line; thence southerly and westerly on the Narragansett boundary line

to the South Kingstown -- Narragansett boundary line; thence northerly on the South Kingstown -

- Narragansett boundary line to the point of origin.

     Thirty-fifth district: The thirty-fifth representative district shall consist of all of that part

of the town of South Kingstown bounded by a line beginning at the Exeter -- Richmond -- South

Kingstown boundary point; thence southerly on the Richmond -- South Kingstown boundary line

to the Charlestown -- South Kingstown boundary line; thence southerly on the Charlestown -- South

Kingstown boundary line to census block 440090513041031; thence northeasterly and easterly, on

the northern boundary line of census block 440090513041031 to census block 440090513041037;

thence easterly and southerly on the northern and eastern boundary line of census block

440090513041037 to Sand Plains Trl; thence easterly on Sand Plains Trl to Red House Rd; thence

northeasterly on Red House Rd to Ministerial Rd; thence northerly on Ministerial Rd to Alewife

Brook; thence easterly on Alewife Brook to Tucker Pond continuing on the southern boundary of

census block 440090513041018 to census block 440090513041017; thence southeasterly on the

southern boundary line of census block 440090513041017 to US Highway 1; thence southwesterly

on US Highway 1 to Matunuck Beach Rd; thence southerly on Matunuck Beach Rd to Sycamore

Ln; thence easterly on Sycamore Ln to census block 440090513021017; thence easterly on the

boundary line between census blocks 440090513021003 -- 440090513021017 to Potters Pond;

thence southerly on Potters Pond to census block 440090513021041; thence southerly on the

boundary line between census blocks 440090513021041 -- 440090513021044 to the Atlantic

Ocean; thence easterly on the shoreline to South Kingstown -- Narragansett boundary line; thence

northeasterly on the South Kingstown -- Narragansett boundary line to the line extending from

Smelt Brook; thence northwesterly on Smelt Brook to Browns Brook; thence northerly on Browns

Brook to Commodore Perry Highway; thence easterly on Commodore Perry Highway to Post Rd;

thence northerly on Post Rd to South Rd; thence northwesterly on South Rd to Allen Ave; thence

easterly on Allen Ave to Rodman St; thence northerly on Rodman St to the William C. O'Neill Bike

Path; thence westerly on William C. O'Neill Bike Path to census block 440090512012016; thence

westerly between the boundary line of census blocks 440090512012016 -- 440090512012015 and

440090512012005 -- 440090512012014 to census block 440090512012005; thence northwesterly

on the eastern boundary line of census block 440090512012005 to Curtis Corner Rd; thence

northeasterly on Curtis Corner Rd to the William C. O'Neill Bike Path; thence westerly on the

William C. O'Neill Bike Path to South Rd; thence northerly on South Rd to Kingstown Rd; thence

easterly on Kingstown Rd to Old North Rd; thence northerly on Old North Rd to the Exeter -- South

Kingstown boundary line; thence westerly on the Exeter -- South Kingstown boundary line to the

point of origin.

     Thirty-sixth district: The thirty-sixth representative district shall consist of all of that part

of the town of Westerly bounded by a line beginning at the Westerly -- Charlestown boundary line

and Post Rd; thence westerly on Post Rd to Dunns Corner Rd; thence northerly on Dunns Corner

Rd to census block 440090509012064; thence westerly and southerly on the boundary line between

census blocks 440090509012064 - 440090509012063 to census block 40090509012057; thence

southerly, westerly, and northerly on the boundary line between census blocks 440090509012057

–440090509012025, 440090509012057 -- 440090509012027, 440090509012057 --

440090509012061 and 440090509012057 -- 440090509012062 to Dunns Corner Rd; thence

northerly on Dunns Corner Rd to Pound Rd; thence westerly and northerly on Pound Rd to census

block 440090509012009; thence northerly on the boundary line between census blocks

440090509012009 -- 440090509012008 to Chapman Pond; thence northerly on the eastern

shoreline of Chapman Pond through Aguntaug Brook to the Amtrak RR; thence northeasterly on

the Amtrak RR to S Main St; thence southerly on S Main St to Bradford Rd; thence southwesterly

on Bradford Rd to Woody Hill Rd; thence southeasterly on Woody Hill Rd to Woody Hill Rd

Extension; thence southerly on Woody Hill Rd Extension to census block 440090509022007;

thence easterly on the northern boundary line of census block 440090509022007 to Church St;

thence southerly on Church St to the Westerly -- Charlestown boundary line; thence southerly on

the Westerly -- Charlestown boundary line to the point of origin.

     The thirty-sixth representative district shall also consist of all of that part of the town of

South Kingstown bounded by a line beginning at the Charlestown -- South Kingstown boundary

line and Shannock Rd; thence northerly on the Charlestown -- South Kingstown boundary line to

census block 440090513041026; thence northeasterly and easterly on the northern boundary line

of census block 440090513041031 to census block 440090513041037; thence easterly and

southerly on the northern and eastern boundary line of census block 440090513041037 to Sand

Plains Trl; thence easterly on Sand Plains Trl to Red House Rd; thence northeasterly on Red House

Rd to Ministerial Rd; thence northerly on Ministerial Rd to Alewife Brook; thence easterly on

Alewife Brook to Tucker Pond continuing on the southern boundary of census block

440090513041018 to census block 440090513041017; thence southeasterly on the southern

boundary line of census block 440090513041017 to US Highway 1; thence southwesterly on US

Highway 1 to Matunuck Beach Rd; thence southerly on Matunuck Beach Rd to Sycamore Ln;

thence easterly on Sycamore Ln to census block 440090513021017; thence easterly on the

boundary line between census blocks 440090513021003 -- 440090513021017 to Potters Pond;

thence southerly on Potters Pond to census block 440090513021041; thence southerly on the

boundary line between census blocks 440090513021041 -- 440090513021044 to the Atlantic

Ocean; thence southwesterly on the shoreline to the Charlestown -- South Kingstown boundary

line; thence northerly on the Charlestown -- South Kingstown boundary line to the point of origin.

     The thirty-sixth district shall also consist of all of the town Charlestown.

     The thirty-sixth district shall also consist of all of the town of New Shoreham.

     Thirty-seventh district: The thirty-seventh representative district shall consist of all of

that part of the town of Westerly bounded by a line beginning at the Westerly -- Charlestown

boundary line and Post Rd; thence westerly on Post Rd to Dunns Corner Rd; thence northerly on

Dunns Corner Rd to census block 440090509012064; thence westerly and southerly on the

boundary line between census blocks 440090509012064 -- 440090509012063 to census block

44090509012057; thence southerly, westerly, and northerly on the boundary line between census

blocks 440090509012057 –440090509012025, 440090509012057 -- 440090509012027,

440090509012057 -- 440090509012061 and 440090509012057 -- 440090509012062 to Dunns

Corner Rd; thence northerly on Dunns Corner Rd to Pound Rd; thence westerly and northerly on

Pound Rd to census block 440090509012009; thence northerly on the boundary line between

census blocks 440090509012009 -- 440090509012008 to Chapman Pond; thence northerly on the

eastern shoreline of Chapman Pond through Aguntaug Brook to the Amtrak RR; thence westerly

on the Amtrak RR to the Rhode Island -- Connecticut boundary line; thence southerly and westerly

on the Rhode Island -- Connecticut boundary line to the Atlantic Ocean; thence easterly on the

Westerly boundary line to the Westerly -- Charlestown boundary line; thence northerly on the

Westerly -- Charlestown boundary line to the point of origin.

     Thirty-eighth district: The thirty-eighth representative district shall consist of all of that

part of the town of Westerly bounded by a line beginning at the Rhode Island -- Connecticut

boundary line and the Amtrak RR; thence easterly and northerly on the Amtrak RR to S Main St;

thence southerly on S Main St to Bradford Rd; thence southwesterly on Bradford Rd to Woody Hill

Rd; thence southeasterly on Woody Hill Rd to Woody Hill Rd Extension; thence southerly on

Woody Hill Rd Extension to census block 440090509022007; thence easterly on the northern

boundary line of census block 440090509022007 to Church St; thence southerly on Church St to

the Westerly -- Charlestown boundary line; thence northerly on the Westerly -- Charlestown

boundary line to the Hopkinton -- Westerly boundary line; thence westerly and northerly on the

Hopkinton -- Westerly boundary line to the Rhode Island -- Connecticut boundary line; thence

westerly and southerly on the Rhode Island -- Connecticut boundary line to the point of origin.

     The thirty-eighth representative district shall also consist of all of that part of the town of

Hopkinton bounded by a line beginning at the Rhode Island -- Connecticut boundary line and Camp

Yawgoog Rd; thence easterly, southerly and northeasterly on Camp Yawgoog Rd to Spring St;

thence southerly on Spring St to Wincheck Pond Rd; thence southerly and easterly on Wincheck

Pond Rd to Spring St; thence easterly on Spring St to Sawmill Rd; thence northerly on Sawmill Rd

to Dye Hill Rd; thence easterly on Dye Hill Rd to Fairview Ave; thence southeasterly on Fairview

Ave to Bank St; thence southwesterly on Bank St to Main St; thence southwesterly on Main St to

Brushy Brook; thence southerly on Brushy Brook to the Hopkinton -- Richmond boundary line;

thence southerly on the Hopkinton -- Richmond boundary line to the Hopkinton -- Charlestown

boundary line; thence southerly on the Hopkinton -- Charlestown boundary line to the Hopkinton

-- Westerly boundary line; thence westerly and northerly on the Hopkinton -- Westerly boundary

line to the Rhode Island -- Connecticut boundary line; thence northerly on the Rhode Island --

Connecticut boundary line to the point of origin.

     Thirty-ninth district: The thirty-ninth district shall consist of all of the town of Richmond.

     The thirty-ninth district shall also consist of all of that part of the town of Hopkinton

bounded by a line beginning at the Rhode Island -- Connecticut boundary line and Camp Yawgoog

Rd; thence easterly, southerly and northeasterly on Camp Yawgoog Rd to Spring St; thence

southerly on Spring St to Wincheck Pond Rd; thence southerly and easterly on Wincheck Pond Rd

to Spring St; thence easterly on Spring St to Sawmill Rd; thence northerly on Sawmill Rd to Dye

Hill Rd; thence easterly on Dye Hill Rd to Fairview Ave; thence southeasterly on Fairview Ave to

Bank St; thence southwesterly on Bank St to Main St; thence southwesterly on Main St to Brushy

Brook; thence southerly on Brushy Brook to the Hopkinton -- Richmond boundary line; thence

northerly on the Hopkinton -- Richmond boundary line to the Exeter -- Hopkinton boundary line;

thence westerly on the Hopkinton -- Richmond boundary line to the Rhode Island -- Connecticut

boundary line; thence southerly on the Rhode Island -- Connecticut boundary line to the point of

origin.

     The thirty-ninth district shall also consist of all of that part of the town of Exeter bounded

by a line beginning at the Exeter -- South Kingstown boundary line and South County Trail; thence

northerly on South County Trail to South Rd; thence northerly on South Rd to census block

440090505003086; thence southeasterly on the northern boundary line of census blocks

440090505003092 and 440090505003091 to the Exeter -- North Kingstown boundary line; thence

northerly on the Exeter -- North Kingstown boundary line to the East Greenwich -- Exeter boundary

line; thence westerly on the East Greenwich -- Exeter boundary line to the West Greenwich --

Exeter boundary line; thence westerly on the West Greenwich -- Exeter boundary line to the Rhode

Island -- Connecticut boundary line; thence southerly on the Rhode Island - Connecticut boundary

line to the Exeter -- Hopkinton boundary line; thence easterly on the Exeter -- Hopkinton boundary

line to the Exeter -- Richmond boundary line; thence easterly and southerly on the Exeter --

Richmond boundary line to the Exeter -- South Kingstown boundary line; thence easterly on the

Exeter -- South Kingstown boundary line to the point of origin.

     Fortieth district: The fortieth representative district shall consist of all of the town of

Foster.

     The fortieth representative district shall also consist of all of that part of the town of

Glocester bounded by a line beginning at the Glocester -- Scituate boundary line and Sawmill Rd;

thence northerly on Sawmill Rd to Putnam Pike; thence southeasterly on Putnam Pike to the

Glocester -- Smithfield boundary line; thence northerly on the Glocester -- Smithfield boundary

line to the Burrillville -- Glocester boundary line; thence westerly on the Burrillville -- Glocester

boundary line to Reservoir Rd; thence southerly on Reservoir Rd to Putnam Pike; thence westerly

on Putnam pike to the Rhode Island -- Connecticut boundary line; thence southerly on the Rhode

Island -- Connecticut boundary line to the Glocester -- Foster boundary line; thence easterly on the

Glocester -- Foster boundary line to the Glocester -- Scituate boundary line; thence easterly on the

Glocester -- Scituate boundary line to the point of origin.

     The fortieth representative district shall also consist of all of that part of the town of

Coventry bounded by a line beginning at the Foster -- Coventry boundary line and Victory

Highway; thence southerly on Victory Highway to the Coventry -- West Greenwich boundary line;

thence westerly on the Coventry -- West Greenwich boundary line to the Rhode Island --

Connecticut boundary line; thence northerly on the Rhode Island -- Connecticut boundary line to

the Foster -- Coventry boundary line; thence easterly on the Foster -- Coventry boundary line to the

point of origin.

     Forty-first district: The forty-first representative district shall consist of all of that part of

the city of Cranston bounded by a line beginning at the Johnston -- Cranston boundary line and

Comstock Pkwy; thence southerly on Comstock Pkwy to S Comstock Pkwy; thence southerly on

S Comstock Pkwy to census block 440070145012036; thence southwesterly on the boundary line

between census blocks 440070145012036 -- 440070145012014 and 440070145012036 --

440070145012037 to 440070145013004; thence southerly and southwesterly on the eastern

boundary line of census block 440070145013004 to Furnace Hill Brook; thence southeasterly on

Furnace Hill Brook to census block 440070145013048; thence southerly on the boundary line

between census blocks 440070145013048 -- 440070145013025 to Hope Rd; thence southwesterly

on Hope Rd to Burlingame Rd; thence easterly on Burlingame Rd to Lippitt Brook; thence

southerly on Lippitt Brook to the Cranston -- Coventry boundary line; thence westerly on the

Cranston -- Coventry boundary line to the Scituate -- Cranston boundary line; thence northerly on

the Scituate -- Cranston boundary line to the Johnston -- Cranston boundary line; thence easterly

on the Johnston -- Cranston boundary line to the point of origin.

     The forty-first representative district shall also consist of all of the town of Scituate.

     Forty-second district: The forty-second representative district shall consist of all of that

part of the town of Johnston bounded by a line beginning at the Johnston -- Providence boundary

line and Plainfield St; thence southerly on Plainfield St to Morgan Ave; thence westerly on Morgan

Ave to School St; thence southwesterly on School St to census block 440070125001021; thence

northerly on the eastern boundary line of census blocks 440070125001021 and 440070125001014

to Downing Dr; thence northerly on Downing Dr to Central Ave; thence northeasterly on Central

Ave to Alden St; thence northerly on Alden St to Boundary Ave; thence easterly on Boundary Ave

to Harding Ave; thence northerly on Harding Ave to York Rd; thence easterly on York Rd to census

block 440070124021024; thence northerly and easterly on the boundary line between census blocks

440070124021024 -- 440070124021025 and 440070124021024 -- 440070124021027 to the

Providence -- Johnston boundary line; thence northerly on the Johnston -- Providence boundary

line to Hartford Ave; thence northwesterly on Hartford Ave to the Scituate -- Johnston boundary

line; thence southerly on the Scituate -- Johnston boundary line to the Johnston -- Cranston

boundary line; thence easterly and northeasterly on the Johnston -- Cranston boundary line to the

Providence -- Johnston boundary line; thence northwesterly on the Providence -- Johnston

boundary line to the point of origin.

     The forty-second representative district shall also consist of all of that part of the town of

Cranston bounded by a line beginning at the Johnston -- Cranston boundary line and Atwood Ave;

thence southeasterly on Atwood Ave to Royal Ave; thence southerly on Royal Ave to Cannon St;

thence easterly on Cannon St to Yard St; thence southerly on Yard St to Elena St; thence westerly

on Elena St to Village Ave; thence northwesterly on Village Ave to Harcourt St; thence

southwesterly on Harcourt St to census block 440070148003010; thence westerly and southerly on

the northern and western boundary line of census block 440070148003010 to census block

440070148003022; thence westerly on the northern boundary line of census blocks

440070148003022 and 440070148003032 to Arrow Way; thence southerly on Arrow Way to

Scituate Ave; thence westerly on Scituate Ave to I-295; thence northerly on I-295 to Meshanticut

Brook; thence easterly on Meshanticut Brook to census block 440070148002024; thence northerly

on the boundary line between census blocks 440070148002024 -- 440070148002027,

440070148002024 -- 440070148002025, 440070148002025 -- 440070148002014 and

440070148002025 -- 440070148002011 to the Johnston -- Cranston boundary line; thence easterly

on the Johnston -- Cranston boundary line to the point of origin.

     Forty-third district: The forty-third representative district shall consist of all of that part

of the town of Johnston bounded by a line beginning at the Smithfield -- Johnston boundary line

and Sanderson Rd; thence southerly on Sanderson Rd to Brown Ave; thence southwesterly on

Brown Ave to Hartford Ave; thence easterly on Hartford Ave to the Johnston -- Providence

boundary line; thence northerly and easterly on the Johnston -- Providence boundary line to the

North Providence -- Johnston boundary line; thence northerly on the North Providence -- Johnston

boundary line to the Smithfield -- Johnston boundary line; thence westerly on the Smithfield --

Johnston boundary line to the point of origin.

     Forty-fourth district: The forty-fourth representative district shall consist of all of that

part of the town of Lincoln bounded by a line beginning at the Smithfield -- Lincoln boundary line

and Limerock Rd; thence easterly on Limerock Rd to Wilbur Rd; thence northeasterly on Wilbur

Rd to State Route 146; thence southerly on State Route 146 to the Lincoln -- North Providence

boundary line; thence westerly on the Lincoln -- North Providence boundary line to the Smithfield

-- Lincoln boundary line; thence northerly on the Smithfield -- Lincoln boundary line to the point

of origin.

     The forty-fourth representative district shall also consist of all of that part of the town of

Johnston bounded by a line beginning at the Smithfield -- Johnston boundary line and Sanderson

Rd; thence southerly on Sanderson Rd to Brown Ave; thence southwesterly on Brown Ave to

Hartford Ave; thence westerly on Hartford Ave to the Scituate -- Johnston boundary line; thence

northerly on the Scituate -- Johnston boundary line to the Smithfield -- Johnston boundary line;

thence easterly on the Smithfield -- Johnston boundary line to the point of origin.

     The forty-fourth representative district shall also consist of all of that part of the town of

Smithfield bounded by a line beginning at the Smithfield -- Johnston boundary line and the

Glocester -- Smithfield boundary line; thence northerly on the Glocester -- Smithfield boundary

line to Smith Ave; thence northeasterly on Smith Ave to Putnam Pike; thence easterly on Putnam

Pike to I-295; thence northerly on I-295 to Douglas Pike; thence southeasterly on Douglas Pike to

Limerock Rd; thence northeasterly on Limerock Rd to the Smithfield -- Lincoln boundary line;

thence southerly on the Smithfield -- Lincoln boundary line to the Smithfield -- North Providence

boundary line; thence westerly on the Smithfield -- North Providence boundary line to the

Smithfield -- Johnston boundary line: thence westerly on the Smithfield -- Johnston boundary line

to the point of origin.

     Forty-fifth district: The forty-fifth representative district shall consist of all of that part of

the town of Lincoln bounded by a line beginning at the intersection of the North Smithfield --

Lincoln boundary line and Sayles Hill Rd; thence northeasterly on Sayles Hill Rd to Old River Rd;

thence southeasterly on Old River Rd to I-295; thence easterly on I-295 to the Lincoln --

Cumberland boundary line; thence northerly on the Lincoln -- Cumberland boundary line to the

North Smithfield -- Lincoln boundary line; thence southerly on the North Smithfield -- Lincoln

boundary line to the point of origin.

     The forty-fifth representative district shall also consist of all of that part of the town of

Cumberland bounded by a line beginning at the Lincoln -- Cumberland boundary line and George

Washington Highway; thence easterly on the George Washington Highway to Mendon Rd; thence

southerly on Mendon Rd to Angell Rd; thence northeasterly on Angell Rd to census block

440070114051005; thence northwesterly on the boundary line between census blocks

440070114051005 -- 40070114051006 to census block 440070114051004; thence easterly on the

boundary line between census blocks 440070114051005 -- 440070114051004 to the utility right

of way; thence northwesterly on the utility right of way to Pound Rd; thence easterly on Pound Rd

to Little Pond County Rd; thence northerly on Little Pond County Rd to Nate Whipple Highway;

thence westerly on Nate Whipple Highway to Mendon Rd; thence northerly on Mendon Rd to W

Wrentham Rd; thence northeasterly on W Wrentham Rd to the utility right of way; thence

northwesterly on the utility right of way to the Woonsocket -- Cumberland boundary line; thence

southwesterly on the Woonsocket -- Cumberland boundary line to the Lincoln -- Cumberland

boundary line; thence southeasterly on the Lincoln -- Cumberland boundary line to the point of

origin.

     Forty-sixth district: The forty-sixth district shall consist of all of that part of the town of

Lincoln bounded by a line beginning at the intersection of the Lincoln -- North Providence

boundary line and the State Route 146; thence northerly on the State Route 146 to Wilbur Rd;

thence southwesterly on Wilbur Rd to the Smithfield -- Lincoln boundary line; thence northerly on

the Smithfield -- Lincoln boundary line to the North Smithfield -- Lincoln boundary line; thence

northerly on the North Smithfield -- Lincoln boundary line to Sayles Hill Rd; thence northeasterly

on Sayles Hill Rd to Old River Rd; thence southeasterly on Old River Rd to I-295; thence easterly

on 1-295 to the Lincoln -- Cumberland boundary line; thence southerly on the Lincoln --

Cumberland boundary line to the Lincoln -- Central Falls boundary line; thence westerly and

southerly on the Lincoln -- Central Falls boundary line to the Lincoln -- Pawtucket boundary line;

thence westerly on the Lincoln -- Pawtucket boundary line to the Lincoln -- North Providence

boundary line; thence westerly on the Lincoln -- North Providence boundary line to the point of

origin.

     The forty-sixth representative district shall also consist of all of that part of the city of

Pawtucket bounded by a line beginning at the Lincoln -- Pawtucket boundary line and Smithfield

Ave; thence southerly on Smithfield Ave to Chandler Ave; thence easterly on Chandler Ave to

Fairlawn Ave; thence southerly on Fairlawn Ave to Mineral Spring Ave; thence easterly on Mineral

Spring Ave to the Moshassuck River; thence northerly on the Moshassuck River to the Lincoln --

Pawtucket boundary line; thence westerly on the Lincoln -- Pawtucket boundary line to the point

of origin.

     Forty-seventh district: The forty-seventh representative district shall consist of all of that

part of the town of Burrillville bounded by a line beginning at the Rhode Island -- Massachusetts

boundary line and Sherman Farm Rd; thence westerly on the Rhode Island -- Massachusetts

boundary line to the Rhode Island -- Connecticut boundary line; thence southerly on the Rhode

Island -- Connecticut boundary line to the Burrillville -- Glocester boundary line; thence easterly

on the Burrillville -- Glocester boundary line to Cooper Hill Rd; thence northwesterly on Cooper

Hill Rd to census block 440070130024026; thence northerly on the boundary line between census

blocks 440070130024026 -- 440070130024017 to Tarklin Rd; thence westerly on Tarklin Rd to

Mapleville Main St; thence westerly on Mapleville Main St to Clear River; thence northerly on

Clear River and Branch River to Victory Hwy; thence southwesterly on Victory Hwy to Joslin Rd;

thence northerly on Joslin Rd to Spring Lake Rd; thence northwesterly on Spring Lake Rd to W

Ironstone Rd; thence westerly on W Ironstone Rd to Sherman Farm Rd; thence northeasterly on

Sherman Farm Rd to the point of origin.

     The forty-seventh representative district shall consist of all of that part of the town of

Glocester bounded by a line beginning at the Burrillville -- Glocester boundary line and Reservoir

Rd; thence westerly on the Burrillville -- Glocester boundary line to the Rhode Island -- Connecticut

boundary line; thence southerly on the Rhode Island -- Connecticut boundary line to Putnam Pike;

thence easterly on Putnam Pike to Reservoir Rd; thence northerly on Reservoir Rd to the point of

origin.

     Forty-eighth district: The forty-eighth representative district shall consist of all of that

part of the town of North Smithfield bounded by a line beginning at the Rhode Island --

Massachusetts boundary line and St Paul St; thence westerly on the Rhode Island -- Massachusetts

boundary line to the Burrillville -- North Smithfield boundary line; thence southerly on the

Burrillville -- North Smithfield boundary line to the North Smithfield -- Smithfield boundary line;

thence easterly on the North Smithfield -- Smithfield boundary line to the North Smithfield --

Lincoln boundary line; thence northerly on the North Smithfield -- Lincoln boundary line to the

North Smithfield -- Woonsocket boundary line; thence northwesterly on the North Smithfield --

Woonsocket boundary line to Great Rd; thence northwesterly on Great Rd to St Paul St; thence

northeasterly on St Paul St to the point of origin.

     The forty-eighth representative district shall also consist of all of that part of the town of

Burrillville bounded by a line beginning at the Rhode Island -- Massachusetts boundary line and

Sherman Farm Rd; thence southerly on Sherman Farm Rd to W Ironstone Rd; thence easterly on

W Ironstone Rd to Spring Lake Rd; thence southerly on Spring Lake Rd to Joslin Rd; thence

southerly on Joslin Rd to Victory Hwy; thence northeasterly on Victory Hwy to Branch River;

thence southerly on Branch River and Clear River to Mapleville Main St; thence easterly on

Mapleville Main St to Tarklin Rd; thence easterly on Tarklin Rd to census block

440070130024017; thence southerly on the boundary line between census blocks

440070130024017 -- 440070130024026 to Cooper Hill Rd; thence southerly on Cooper Hill Rd to

the Burrillville -- Glocester boundary line; thence easterly on the Burrillville -- Glocester boundary

line to the Burrillville -- North Smithfield boundary line; thence northerly on the Burrillville --

North Smithfield boundary line to the Rhode Island -- Massachusetts boundary line; thence easterly

on the Rhode Island -- Massachusetts boundary line to the point of origin.

     Forty-ninth district: The forty-ninth representative district shall consist of all of that part

of the city of Woonsocket bounded by a line beginning at the Rhode Island -- Massachusetts

boundary line and Rathbun St; thence westerly on the Rhode Island -- Massachusetts boundary line

to the North Smithfield -- Woonsocket boundary line; thence southerly and westerly on the North

Smithfield -- Woonsocket boundary line to railroad tracks; thence northeasterly on railroad tracks

to Olo St; thence easterly on Olo St to Center St; thence southerly on Center St to South St; thence

southeasterly on South St to S Main St; thence northeasterly on S Main St to the Blackstone River;

thence easterly and northeasterly on the Blackstone River to Court St; thence southeasterly on Court

St to Hamlet Ave; thence easterly on Hamlet Ave to Cumberland St; thence northwesterly on

Cumberland St to Cass Ave; thence easterly on Cass Ave to Dulude Ave; thence northerly on

Dulude Ave to census block 440070183001006; thence easterly on the boundary line between

census blocks 440070183001017 -- 440070183001006 and 440070183001017 --

440070183001005 to Heroux Ave; thence northerly on Heroux Ave to Elm St; thence westerly and

northwesterly on Elm St to E School St; thence westerly on E School St to Rathbun St; thence

northerly on Rathbun St to the point of origin.

     The forty-ninth representative district shall also consist of all of that part of the town of

North Smithfield bounded by a line beginning at the Rhode Island -- Massachusetts boundary line

and Saint Paul St; thence southwesterly on Saint Paul St to Great Rd; thence southeasterly on Great

Rd to the North Smithfield -- Woonsocket boundary line; thence northerly on the North Smithfield

-- Woonsocket boundary line to the Rhode Island -- Massachusetts boundary line; thence westerly

on the Rhode Island -- Massachusetts boundary line to the point of origin.

     Fiftieth district: The fiftieth representative district shall consist of all of that part of the

city of Woonsocket bounded by a line beginning at the intersection of the Woonsocket --

Cumberland boundary line and Mendon Rd; thence northwesterly on Mendon Rd to Cumberland

Hill Rd; thence northwesterly on Cumberland Hill Rd to Hamlet Ave; thence westerly on Hamlet

Ave to Court St; thence westerly on Court St to the Blackstone River; thence southerly and westerly

on the Blackstone River to S Main St; thence southwesterly on S Main St to South St; thence

northwesterly on South St to Center St; thence northerly on Center St to Olo St; thence westerly on

Olo St to railroad tracks; thence southwesterly on railroad tracks to the North Smithfield --

Woonsocket boundary line; thence southeasterly on the North Smithfield -- Woonsocket boundary

line to the Woonsocket -- Cumberland boundary line; thence northeasterly on the on the

Woonsocket -- Cumberland boundary line to the point of origin.

     Fifty-first district: The fifty-first representative district shall consist of all of that part of

the city of Woonsocket bounded by a line beginning at the Rhode Island -- Massachusetts boundary

line and Rathbun St; thence southerly on Rathbun St to East School St; thence easterly on East

School St to Elm St; thence southeasterly on Elm St to Heroux Ave; thence southerly on Heroux

Ave to census block 440070183001017; thence westerly on the boundary line between census

blocks 440070183001017 -- 440070183001006 and 440070183001017 -- 440070183001005 to

Dulude Ave; thence southerly on Dulude Ave to Cass Ave; thence westerly on Cass Ave to

Cumberland St; thence southerly on Cumberland St to Cumberland Hill Rd; thence southeasterly

on Cumberland Hill Rd to the Woonsocket -- Cumberland boundary line; thence northeasterly on

the Woonsocket -- Cumberland boundary line to the Rhode Island -- Massachusetts boundary line;

thence westerly on the Rhode Island -- Massachusetts boundary line to the point of origin.

     The fifty-first representative district shall also consist of all of that part of the town of

Cumberland bounded by a line beginning at the Rhode Island -- Massachusetts boundary line and

the Woonsocket -- Cumberland boundary line; thence southwesterly on the Woonsocket --

Cumberland boundary line to the utility right of way; thence southeasterly on the utility right of

way to W Wrentham Rd; thence northerly on W Wrentham Rd to Pine Swamp Rd; thence easterly

on Pine Swamp Rd to Little St; thence northerly on Little St to Grants Mill Rd; thence easterly on

Grants Mill Rd to Cook Rd; thence northeasterly on Cook Rd to the Rhode Island -- Massachusetts

boundary line; thence westerly on the Rhode Island -- Massachusetts boundary line to the point of

origin.

     Fifty-second district: The fifty-second representative district shall consist of all of that

part of the town of Cumberland bounded by a line beginning at the Rhode Island -- Massachusetts

boundary line and Dexter St; thence westerly on Dexter St to High St; thence northerly on High St

to Diamond Hill Rd; thence northerly on Diamond Hill Rd to I-295; thence westerly on I-295 to

the utility right of way; thence northwesterly on the utility right of way to Pound Rd; thence easterly

on Pound Rd to Little Pond County Rd; thence northerly on Little Pond County Rd to Nate Whipple

Highway; thence westerly on Nate Whipple Highway to Mendon Rd; thence northerly on Mendon

Rd to W Wrentham Rd; thence northerly on W Wrentham Rd to Pine Swamp Rd; thence easterly

on Pine Swamp Rd to Little St; thence northerly on Little St to Grants Mill Rd; thence easterly on

Grants Mill Rd to Cook Rd; thence northerly on Cook Rd to the Rhode Island -- Massachusetts

boundary line; thence easterly and southerly on the Rhode Island -- Massachusetts boundary line

to the point of origin.

     Fifty-third district: The fifty-third representative district shall consist of all of that part of

the town of Glocester bounded by a line beginning at the Glocester -- Scituate boundary line and

Sawmill Rd; thence northerly on Sawmill Rd to Putnam Pike; thence southeasterly on Putnam Pike

to the Glocester -- Smithfield boundary line; thence southerly on the Glocester -- Smithfield

boundary line to the Glocester -- Scituate boundary line; thence westerly on the Glocester --

Scituate boundary line to the point of origin.

     The fifty-third representative district shall also consist of all of that part of the town of

Smithfield bounded by a line beginning at the Glocester -- Smithfield boundary line and Smith

Ave; thence northeasterly on Smith Ave to Putnam Pike; thence easterly on Putnam Pike to I-295;

thence northerly on I-295 to Douglas Pike; thence southeasterly on Douglas Pike to Limerock Rd;

thence northeasterly on Limerock Rd to the Smithfield -- Lincoln boundary line; thence northerly

on the Smithfield -- Lincoln boundary line to the North Smithfield -- Smithfield boundary line;

thence westerly on the North Smithfield -- Smithfield boundary line to line to the Glocester --

Smithfield boundary line; thence southerly on the Glocester -- Smithfield boundary line point of

origin.

     Fifty-fourth district: The fifty-fourth representative district shall also consist of all of that

part of the town of North Providence bounded by a line beginning at the North Providence --

Providence boundary line and Hillside Dr; thence westerly on Hillside Dr to Longwood Ave; thence

northwesterly on Longwood Ave to Woodbine St; thence northerly on Woodbine St to Sherman

Ave; thence westerly on Sherman Ave to High Service Ave; thence northerly on High Service Ave

to Superior View Blvd; thence westerly on Superior View Blvd to Lookout Ave; thence southerly

on Lookout Ave to Smith St; thence southeasterly on Smith St to Homewood Ave; thence southerly

on Homewood Ave to Olney Ave; thence westerly on Olney Ave to Belcourt Ave; thence southerly

on Belcourt Ave to the northern boundary line of Rhode Island College; thence westerly on the

northern boundary line of Rhode Island College to Fruit Hill Ave; thence southwesterly on Fruit

Hill Ave to Lyman Ave; thence westerly on Lyman Ave to Woonasquatucket Ave; thence

northwesterly on Woonasquatucket Ave to Testa Dr; thence westerly on Testa Dr and its extension

to the Johnston -- North Providence boundary line; thence northwesterly on the Johnston -- North

Providence boundary line to the Smithfield -- North Providence boundary line; thence northeasterly

on the Smithfield -- North Providence boundary line to the Lincoln -- North Providence boundary

line; thence northeasterly on the Lincoln -- North Providence boundary line to Douglas Ave; thence

southeasterly on Douglas Ave to Wenscott Ln; thence southwesterly on Wenscott Ln to Meadow

View Blvd; thence easterly and southwesterly on Meadow View Blvd to Rayna Rd; thence

southerly on Rayna Rd to Smithfield Rd; thence southeasterly on Smithfield Rd to the North

Providence -- Providence boundary line; thence westerly on the North Providence -- Providence

boundary line to the point of origin.

     Fifty-fifth district: The fifty-fifth representative district shall consist of all of that part of

the town of North Providence bounded by a line beginning at the Lincoln -- North Providence

boundary line and Douglas Ave; thence southeasterly on Douglas Ave to Wenscott Ln; thence

southwesterly on Wenscott Ln to Meadow View Blvd; thence easterly and southwesterly on

Meadow View Blvd to Rayna Rd; thence southerly on Rayna Rd to Smithfield Rd; thence

southeasterly on Smithfield Rd to the North Providence -- Providence boundary line; thence

northeasterly on the North Providence boundary line to the North Providence -- Pawtucket

boundary line; thence northerly on North Providence -- Pawtucket boundary line to the Lincoln --

North Providence boundary line; thence westerly on the Lincoln -- North Providence boundary line

to the point of origin.

     Fifty-sixth district: The fifty-sixth representative district shall consist of all of that part of

the city of Central Falls bounded by a line beginning at the Central Falls -- Pawtucket boundary

line and Roosevelt Ave; thence southerly on Roosevelt Ave to Charles St; thence westerly on

Charles St to Sacred Heart Ave; thence westerly on Sacred Heart Ave to Railroad St; thence

northerly on Railroad St to Foundry St; thence westerly on Foundry St to Broad St; thence northerly

on Broad St to Cowden St; thence westerly on Cowden St to Washington St; thence northwesterly

on Washington St to Hunt St; thence southwesterly on Hunt St to W Hunt St; thence westerly on

W Hunt St to Lonsdale Ave; thence southerly on Lonsdale Ave to Cleveland St; thence westerly

on Cleveland St to the Central Falls -- Lincoln boundary line; thence southerly on the Central Falls

-- Lincoln boundary line to the Central Falls -- Pawtucket boundary line; thence easterly and

northerly on the Central Falls -- Pawtucket boundary line to the point of origin.

     Fifty-seventh district: The fifty-seventh representative district shall consist of all of that

part of the town of Cumberland bounded by a line beginning at the Rhode Island -- Massachusetts

boundary line and Dexter St; thence westerly on Dexter St to High St; thence northerly on High St

to Diamond Hill Rd; thence northerly on Diamond Hill Rd to I-295; thence westerly on I-295 to

the utility right of way; thence southeasterly on the utility right of way to census block

440070114051005; thence westerly and southerly on the boundary line between census blocks

440070114051005 -- 440070114051004 and 440070114051005 -- 440070114051006 to Angell

Rd; thence southwesterly on Angell Rd to Mendon Rd; thence northerly on Mendon Rd to George

Washington Highway; thence westerly on George Washington Highway to the Lincoln --

Cumberland boundary line; thence southeasterly on the Lincoln -- Cumberland boundary line to

the Cumberland -- Central Falls boundary line; thence easterly and southerly on the Cumberland -

- Central Falls boundary line to the Rhode Island -- Massachusetts boundary line; thence northerly

on the Rhode Island -- Massachusetts boundary line to the point of origin.

     The fifty-seventh representative district shall also consist of all of that part of the city of

Central Falls bounded by a line beginning at the Central Falls -- Pawtucket boundary line and the

Amtrak RR; thence southwesterly on the Amtrak RR to High St; thence northerly on High St to

Blackstone St; thence westerly on Blackstone St to Broad St; thence northerly on Broad St to

Cottage St; thence westerly on Cottage St to Hunt St; thence southwesterly on Hunt St to W Hunt

St; thence southwesterly on W Hunt St to Lonsdale Ave; thence southerly on Lonsdale Ave to

Cleveland St; thence westerly on Cleveland St to the Central Falls -- Lincoln boundary line; thence

northerly and easterly on the Central Falls -- Lincoln boundary line to the Cumberland -- Central

Falls boundary line; thence easterly and southerly on the Cumberland -- Central Falls boundary line

to the Central Falls -- Pawtucket boundary line; thence southerly on the Central Falls -- Pawtucket

boundary line to the point of origin.

     Fifty-eighth district: The fifty-eighth representative district shall consist of all of that part

of the city of Pawtucket bounded by a line beginning at the Lincoln -- Pawtucket boundary line and

Smithfield Ave; thence southerly on Smithfield Ave to Chandler Ave; thence easterly on Chandler

Ave to Fairlawn Ave; thence southerly on Fairlawn Ave to Mineral Spring Ave; thence easterly on

Mineral Spring Ave to the Moshassuck River; thence northerly on the Moshassuck River to the

Lincoln -- Pawtucket boundary line; thence easterly on the Lincoln -- Pawtucket boundary line to

the Central Falls -- Pawtucket boundary line; thence easterly on the Central Falls -- Pawtucket

boundary line to the Blackstone River; thence southerly on the Blackstone River to I-95; thence

westerly on I-95 to George St; thence northerly on George St to Church St; thence westerly on

Church St; to Mineral Spring Ave; thence westerly on Mineral Spring Ave to Lonsdale Ave; thence

southerly on Lonsdale Ave to Thurston St; thence southwesterly on Thurston St to I-95; thence

southwesterly on I-95 to the Pawtucket -- Providence boundary line; thence westerly on the

Pawtucket -- Providence boundary line to the Pawtucket -- North Providence boundary line; thence

northerly on the Pawtucket -- North Providence boundary line to the Lincoln -- Pawtucket boundary

line; thence easterly on the Lincoln -- Pawtucket boundary line to the point of origin.

     Fifty-ninth district: The fifty-ninth representative district shall consist of all of that part

of the city of Pawtucket bounded by a line beginning at the intersection of Pawtucket -- Providence

boundary line and I-95; thence easterly on the Pawtucket -- Providence boundary line to the

Seekonk River; thence northerly on the Seekonk River to I-95; thence westerly on I-95 to George

St; thence northerly on George St to Church St; thence westerly on Church St to Mineral Spring

Ave; thence westerly on Mineral Spring Ave to Lonsdale Ave; thence southerly on Lonsdale Ave

to Thurston St; thence southwesterly on Thurston St to I-95; thence southwesterly on I-95 to the

point of origin.

     Sixtieth district: The sixtieth representative district shall consist of all of that part of the

city of Pawtucket bounded by a line beginning at the Rhode Island -- Massachusetts boundary line

and Newport Ave; thence southerly on Newport Ave to Cottage St; thence southwesterly on

Cottage St to Mendon Ave; thence southerly on Mendon Ave to Central Ave; thence easterly on

Central Ave to York Ave; thence southerly on York Ave to Armistice Blvd; thence westerly on

Armistice Blvd to George Bennett Hwy; thence northerly on George Bennett Hwy to Central Ave;

thence southwesterly on Central Ave to Cottage St; thence southwesterly on Cottage St to Exchange

St; thence westerly on Exchange St to Broadway; thence southwesterly on Broadway to the

Blackstone River; thence northerly on the Blackstone River to the Central Falls -- Pawtucket

boundary line; thence northerly on the Central Falls -- Pawtucket boundary line to the Rhode Island

-- Massachusetts boundary line; thence easterly on the Rhode Island -- Massachusetts boundary

line to the point of origin.

     The sixtieth representative district shall also consist of all of that part of the city of Central

Falls bounded by a line beginning at the Central Falls -- Pawtucket boundary line and the Amtrak

RR; thence southwesterly on the Amtrak RR to High St; thence northerly on High St to Blackstone

St; thence westerly on Blackstone St to Broad St; thence northerly on Broad St to Cottage St; thence

westerly on Cottage St to Hunt St; thence southwesterly on Hunt St to Washington St; thence

southeasterly on Washington St to Cowden St; thence easterly on Cowden St to Broad St; thence

southerly on Broad St to Foundry St; thence easterly on Foundry St to Railroad St; thence southerly

on Railroad St to Sacred Heart Ave; thence easterly on Sacred Heart Ave to Charles St; thence

easterly on Charles St to Roosevelt Ave; thence northerly on Roosevelt Ave to the Central Falls --

Pawtucket boundary line; thence northerly on the Central Falls -- Pawtucket boundary line to the

point of origin.

     Sixty-first district: The sixty-first representative district shall consist of all of that part of

the city of Pawtucket bounded by a line beginning at the Rhode Island -- Massachusetts boundary

line and Newport Ave; thence southerly on Newport Ave to Cottage St; thence southwesterly on

Cottage St to Mendon Ave; thence southerly on Mendon Ave to Central Ave; thence easterly on

Central Ave to York Ave; thence southerly on York Ave to Balch St; thence easterly on Balch St

to Burgess Ave; thence northerly on Burgess Ave to Empire St; thence easterly on Empire St to

Bloomfield St; thence southerly on Bloomfield St to Federal St; thence easterly on Federal St to

Gates St; thence easterly on Gates St to Oswald St; thence northerly on Oswald St to Armistice

Blvd; thence southeasterly on Armistice Blvd to the Rhode Island -- Massachusetts boundary line;

thence northerly and westerly on the Rhode Island -- Massachusetts boundary line to the point of

origin.

     Sixty-second district: The sixty-second representative district shall consist of all of that

part of the city of Pawtucket bounded by a line beginning at I-95 and Prospect St; thence

southeasterly on Prospect St to census block 440070171003019 and the utility right of way; thence

northeasterly on the utility right of way to the railroad tracks; thence southerly on the railroad tracks

to the Pawtucket -- East Providence boundary line; thence easterly on the Pawtucket -- East

Providence boundary line to Ten Mile River; thence northerly on the Ten Mile River to Armistice

Blvd; thence northwesterly on Armistice Blvd to Oswald St; thence southerly on Oswald St to

Gates St; thence westerly on Gates St to Federal St; thence westerly on Federal St to Bloomfield

St; thence northerly on Bloomfield St to Empire St; thence westerly on Empire St to Burgess Ave;

thence southerly on Burgess Ave to Balch St; thence westerly on Balch St to York Ave; thence

northerly on York Ave to Armistice Blvd; thence westerly on Armistice Blvd to George Bennett

Hwy; thence northerly on George Bennett Hwy to Central Ave; thence southwesterly on Central

Ave to Cottage St; thence southwesterly on Cottage St to Exchange St; thence westerly on

Exchange St to Broadway; thence southwesterly on Broadway to the Blackstone River; thence

southerly on the Blackstone River and the Seekonk River to I-95; thence northeasterly on I-95 to

the point of origin.

     Sixty-third district: The sixty-third representative district shall consist of all of that part

of the city of East Providence bounded by a line beginning at the Rhode Island -- Massachusetts

boundary line and I-195; thence westerly on I-195 to Broadway; thence northerly on Broadway to

N Broadway; thence northerly on N Broadway to Central Ave; thence northwesterly on Central

Ave to Massasoit Ave; thence northeasterly on Massasoit Ave to Dexter Rd; thence northwesterly

on Dexter Rd to the railroad tracks; thence northeasterly on the railroad tracks to Omega Pond;

thence northwesterly on Omega Pond to the New York New Haven and Hartford RR; thence

northerly on the New York New Haven and Hartford RR to the Pawtucket -- East Providence

boundary line; thence easterly on the Pawtucket -- East Providence boundary line to the Rhode

Island -- Massachusetts boundary line; thence southerly on the Rhode Island -- Massachusetts

boundary line to the point of origin.

     The sixty-third representative district shall also consist of all of that part of the city of

Pawtucket bounded by a line beginning at the Rhode Island -- Massachusetts boundary line and the

Pawtucket -- East Providence boundary line; thence westerly on the Pawtucket -- East Providence

boundary line to Ten Mile River; thence northerly on the Ten Mile River to Armistice Blvd; thence

southeasterly on Armistice Blvd to the Rhode Island -- Massachusetts boundary line; thence

southerly on the Rhode Island -- Massachusetts boundary line to the point of origin.

     Sixty-fourth district: The sixty-fourth representative district shall consist of all of the part

of the city of East Providence bounded by a line beginning at Veterans Memorial Pkwy and S

Broadway; thence northerly on S Broadway to Martin St; thence easterly on Martin St to Maxfield

Ave; thence southerly on Maxfield Ave to Hazard Ave; thence easterly on Hazard Ave to Pawtucket

Ave; thence northerly on Pawtucket Ave to I-195; thence westerly on I-195 to Broadway; thence

northerly on Broadway to N Broadway; thence northerly on N Broadway to Central Ave; thence

northwesterly on Central Ave to Massasoit Ave; thence northeasterly on Massasoit Ave to Dexter

Rd; thence northwesterly on Dexter Rd to the railroad tracks; thence northeasterly on the railroad

tracks to Omega Pond; thence northwesterly on Omega Pond to New York New Haven and

Hartford RR; thence northerly on the New York New Haven and Hartford RR to the Pawtucket --

East Providence boundary line; thence westerly on the Pawtucket -- East Providence boundary line

to the Seekonk River; thence southerly on the Seekonk River to the Providence -- East Providence

boundary line; thence southerly on the Providence -- East Providence boundary line to the line

extending from Watchemoket Cove; thence northerly on the line extending from Watchemoket

Cove to Veterans Memorial Pkwy; thence southeasterly on Veterans Memorial Pkwy to the point

of origin.

     The sixty-fourth representative district shall also consist of all of that part of the city of

Pawtucket bounded by a line beginning at I-95 and Prospect St; thence southeasterly on Prospect

St to census block 440070171003019 and the utility right of way; thence northeasterly on the utility

right of way to the railroad tracks; thence southerly on the railroad tracks to the Pawtucket -- East

Providence Boundary line; thence westerly on the Pawtucket -- East Providence boundary line to

the Seekonk River; thence northerly on the Seekonk River to I-95; thence northeasterly on I-95 to

the point of origin.

     Sixty-fifth district: The sixty-fifth representative district shall consist of all of the part of

the city of East Providence bounded by a line beginning at Veterans Memorial Pkwy and S

Broadway; thence northeasterly on S Broadway to Martin St; thence easterly on Martin St to

Maxfield Ave; thence southerly on Maxfield Ave to Hazard Ave; thence easterly on Hazard Ave

to Pawtucket Ave; thence northerly on Pawtucket Ave to I-195; thence easterly on I-195 to the

Rhode Island -- Massachusetts boundary line; thence southerly on the Rhode Island --

Massachusetts boundary line to Mink St; thence southerly on Mink St to Wampanoag Trl; thence

southerly on Wampanoag Trl to Socony Rd; thence westerly on Socony Rd to census block

440070105024012; thence southwesterly on the eastern boundary line of census block

440070105024012 to census block 440070105024016; thence southerly on the western boundary

line of census block 440070105024016 to Willett Ave; thence southeasterly on Willett Ave to

Crescent View Ave; thence southwesterly on Crescent View Ave to Bullocks Cove; thence

southerly on the shoreline to the East Providence -- Barrington boundary line; thence southerly on

the East Providence -- Barrington boundary line to the Warwick -- East Providence boundary line;

thence northerly on the Warwick -- East Providence boundary line to the Cranston -- East

Providence boundary line; thence northerly on the Cranston -- East Providence boundary line to

the Providence -- East Providence boundary line; thence northerly on the Providence -- East

Providence boundary line to the line extending from Watchemoket Cove; thence northerly on the

line extending from Watchemoket Cove to Veterans Memorial Pkwy; thence southeasterly on

Veterans Memorial Pkwy to the point of origin.

     Sixty-sixth district: The sixty-sixth representative district shall consist of all of that part

of the town of Barrington bounded by a line beginning at Hundred Acre Cove and the East

Providence -- Barrington boundary line; thence southwesterly on the East Providence -- Barrington

boundary line to the East Providence -- Barrington -- Warwick boundary line; thence southeasterly

on the Barrington -- Warwick boundary line to Nayatt Point Lighthouse; thence easterly on the

shoreline to the line extending from Watson Ave; thence northerly on the line extending from

Watson Ave to Watson Ave; thence northerly on Watson Ave to Nayatt Rd; thence easterly on

Nayatt Rd to Rumstick Rd; thence southerly on Rumstick Rd to Ferry Ln; thence easterly on Ferry

Ln to Owings Stone Rd; thence northerly on Owings Stone Rd to Mathewson Ln; thence northerly

on Mathewson Ln to Mathewson Rd; thence northerly on Mathewson Rd to County Rd; thence

northwesterly on County Rd to Maple Ave; thence westerly on Maple Ave to Centennial Ave;

thence northerly on Centennial Ave to Foote St; thence easterly on Foote St to Princes Hill Ave;

thence northerly on Princes Hill Ave to County Rd; thence northwesterly on County Rd to

Massasoit Ave; thence easterly on Massasoit Ave to the Barrington River; thence northwesterly on

the Barrington River to Hundred Acre Cove; thence northerly on Hundred Acre Cove to the point

of origin.

     The sixty-sixth representative district shall also consist of all of the part of the city of East

Providence bounded by a line beginning at the intersection of the East Providence -- Barrington

boundary line and the Rhode Island -- Massachusetts boundary line; thence northerly on the Rhode

Island -- Massachusetts boundary line to Mink St; thence southerly on Mink St to Wampanoag Trl;

thence southerly on Wampanoag Trl to Socony Rd; thence westerly on Socony Rd to census block

440070105024012; thence southwesterly on the eastern boundary line of census block

440070105024012 to census block 440070105024016; thence southerly on the western boundary

line of census block 440070105024016 to Willett Ave; thence southeasterly on Willett Ave to

Crescent View Ave; thence southwesterly on Crescent View Ave to Bullocks Cove; thence

southerly on the shoreline to the East Providence -- Barrington boundary line; thence northeasterly

on the East Providence -- Barrington boundary line to the point of origin.

     Sixty-seventh district: The sixty-seventh representative district shall consist of all of that

part of the town of Barrington bounded by a line beginning at Hundred Acre Cove and the East

Providence -- Barrington boundary line; thence northeasterly on the East Providence -- Barrington

boundary line to the Rhode Island -- Massachusetts boundary line; thence southeasterly on the

Rhode Island -- Massachusetts boundary line to the Barrington -- Warren boundary line; thence

southerly on the Barrington -- Warren boundary line to Rumstick Point; thence northwesterly on

the shoreline to the line extending from Watson Ave; thence northerly on line extending from

Watson Ave to Watson Ave; thence northerly on Watson Ave to Nayatt Rd; thence easterly on

Nayatt Rd to Rumstick Rd; thence southerly on Rumstick Rd to Ferry Ln; thence easterly on Ferry

Ln to Owings Stone Rd; thence northerly on Owings Stone Rd to Mathewson Ln; thence northerly

on Mathewson Ln to Mathewson Rd; thence northerly on Mathewson Rd to County Rd; thence

northwesterly on County Rd to Maple Ave; thence westerly on Maple Ave to Centennial Ave;

thence northerly on Centennial Ave to Foote St; thence easterly on Foote St to Princes Hill Ave;

thence northerly on Princes Hill Ave to County Rd; thence northwesterly on County Rd to

Massasoit Ave; thence easterly on Massasoit Ave to the Barrington River; thence northwesterly on

the Barrington River to Hundred Acre Cove; thence northerly on Hundred Acre Cove to the point

of origin.

     The sixty-seventh representative district shall also consist of all of that part of the town of

Warren bounded by a line beginning at Child St and Metacom Ave; thence southerly on Metacom

Ave to Patterson Ave; thence easterly on Patterson Ave and it's extension to the Kickemuit River;

thence southerly on the Kickemuit River to the Warren -- Bristol boundary line; thence

southeasterly on the Warren -- Bristol boundary line to the Warren -- Tiverton boundary line; thence

northerly on the Warren -- Tiverton boundary line to the Rhode Island -- Massachusetts boundary

line; thence northwesterly on the Rhode Island -- Massachusetts boundary line to the Barrington --

Warren boundary line; thence southerly on the Barrington -- Warren line to Main St; thence

southeasterly on Main St to Water St; thence southerly on Water St to Miller St; thence easterly on

Miller St to Main St; thence southerly on Main St to Child St; thence easterly on Child St to the

point of origin.

     Sixty-eighth district: The sixty-eighth representative district shall consist of all of that part

of the town of Bristol bounded by a line beginning at Michael Dr and Metacom Ave; thence

southerly on Metacom Ave to Chestnut St; thence westerly on Chestnut St to Sherry Ave; thence

southerly on Sherry Ave to Perry St; thence westerly on Perry St to Thompson Ave; thence

southerly on Thompson Ave to Bay View Ave; thence westerly on Bay View Ave to Wood St;

thence southerly on Wood St to State St; thence westerly on State St and its extension to Bristol

Harbor; thence southerly on Bristol Harbor to the Bristol -- Portsmouth boundary line; thence

westerly and northerly on the Bristol -- Portsmouth boundary line to the Barrington -- Bristol

boundary line; thence northeasterly on the Barrington -- Bristol boundary line to the Warren --

Bristol boundary line; thence easterly and southerly on the Warren -- Bristol boundary line to

census block 440010309011011 and the line extending from Smith St; thence northerly and

westerly on the northern boundary line of census block 440010309011011 to Christopher Dr;

thence southerly on Christopher Dr to Michael Dr; thence westerly on Michael Dr to the point of

origin.

     The sixty-eighth representative district shall also consist of all of that part of the town of

Warren bounded by a line beginning at the intersection of Child St and the Kickemuit River; thence

southerly on the Kickemuit River to the Warren -- Bristol boundary line; thence westerly on the

Warren -- Bristol boundary line to the Barrington -- Warren -- Bristol boundary line; thence

northerly on the Barrington -- Warren boundary line to Main St; thence southeasterly on Main St

to Water St; thence southerly on Water St to Miller St; thence easterly on Miller St to Main St;

thence southerly on Main St to Child St; thence easterly on Child St to the point of origin.

     Sixty-ninth district: The sixty-ninth representative district shall consist of all of that part

of the town of Bristol bounded by a line beginning at Michael Dr and Metacom Ave; thence

southerly on Metacom Ave to Chestnut St; thence westerly on Chestnut St to Sherry Ave; thence

southerly on Sherry Ave to Perry St; thence westerly on Perry St to Thompson Ave; thence

southerly on Thompson Ave to Bay View Ave; thence westerly on Bay View Ave to Wood St;

thence southerly on Wood St to State St; thence westerly on State St and its extension to Bristol

Harbor; thence southerly on Bristol Harbor to the Bristol -- Portsmouth boundary line; thence

easterly on the Bristol -- Portsmouth boundary line to the Bristol -- Tiverton boundary line; thence

northeasterly on the Bristol -- Tiverton boundary line to the Bristol -- Warren boundary line; thence

northwesterly on the Bristol -- Warren boundary line to census block 440010309011000 and the

line extending from Smith St; thence northerly and westerly on the northern boundary line of census

block 440010309011011 to Christopher Dr; thence southerly on Christopher Dr to Michael Dr;

thence westerly on Michael Dr point of origin.

     The sixty-ninth representative district shall also consist of all of that part of Portsmouth

known as Prudence Island; Patience Island; Hog Island; Hope Island; Gooseberry Island; Dyer

Island and Despair Island.

     Seventieth district: The seventieth representative district shall consist of all of that part of

the town of Tiverton bounded by a line beginning at the Rhode Island -- Massachusetts boundary

line and State Route 24; thence easterly and southerly on the Rhode Island -- Massachusetts

boundary line to Narrow Ave; thence westerly on Narrow Ave to Crandall Rd; thence southerly on

Crandall Rd to census block 440050417022006; thence southwesterly on the northern boundary

lines of census blocks 440050417022006 and 440050417022005 to Lake Rd; thence southerly on

Lake Rd to East Rd; thence westerly on East Rd to Puncatest Neck Rd; thence westerly on Puncatest

Neck Rd to Seapowet Ave; thence northerly on Seapowet Ave to Inlet Dr; thence northerly on Inlet

Dr and its extension to the Sakonnet River and the Portsmouth -- Tiverton boundary line; thence

northerly on the Portsmouth -- Tiverton boundary line to the Warren -- Tiverton boundary line;

thence northerly on the Warren -- Tiverton boundary line to the Rhode Island -- Massachusetts

boundary line; thence southeasterly on the Rhode Island -- Massachusetts boundary line to the point

of origin.

     Seventy-first district: The seventy-first representative district shall consist of all of that

part of the town of Portsmouth bounded by a line beginning at E Main Rd and Hedly St; thence

westerly on Hedly St to W Main Rd; thence southerly on W Main Rd to King Charles Dr; thence

northwesterly on King Charles Dr to Thayer Dr; thence northerly on Thayer Dr to census block

440050401053023; thence westerly between census blocks 440050401053023 --

440050401053028 to railroad tracks; thence southerly along railroad tracks to census block

440050401041002; thence westerly between census blocks 440050401041002 --

440050401053022 extending to the shoreline; thence northerly along the shoreline to the Mount

Hope Bridge; thence westerly on the Mount Hope Bridge to the Bristol -- Portsmouth boundary

line; thence northerly on the Bristol -- Portsmouth boundary line to the Portsmouth -- Tiverton

boundary line; thence southeasterly and southerly on the Portsmouth -- Tiverton boundary line to

the line extending from the boundary line between census blocks 440050401023038 --

440050401023039; thence westerly on the southern boundary lines of census blocks

440050401023039, 440050401023045, and 440050401023052 to E Main Rd; thence northerly on

East Main Rd to the point of origin.

     The seventy-first representative district shall also consist of all of that part of the town of

Portsmouth known as Gould Island.

     The seventy-first representative district shall also consist of all of that part of the town of

Tiverton bounded by a line beginning at the Massachusetts -- Rhode Island boundary line and

Narrow Ave; thence westerly on Narrow Ave to Crandall Rd; thence southerly on Crandall Rd to

census block 440050417022006; thence southwesterly on the northern boundary line of census

blocks 440050417022006 and 440050417022005 to Lake Rd; thence southerly on Lake Rd to East

Rd; thence westerly on East Rd to Puncatest Neck Rd; thence westerly on Puncatest Neck Rd to

Seapowet Ave; thence northerly on Seapowet Ave to Inlet Dr; thence northerly on Inlet Dr and its

extension to the Sakonnet River and the Portsmouth -- Tiverton boundary line; thence southerly on

the Portsmouth -- Tiverton boundary line to the Tiverton -- Little Compton boundary line; thence

easterly on the Tiverton -- Little Compton boundary line to the Massachusetts -- Rhode Island

boundary line; thence northerly on the Massachusetts -- Rhode Island boundary line to the point of

origin.

     The seventy-first representative district shall also consist of all the town of Little Compton.

     Seventy-second district: The seventy-second representative district shall consist of all of

that part of the town of Portsmouth bounded by a line beginning at E Main Rd and Hedly St; thence

westerly on Hedly St to W Main Rd; thence southerly on W Main Rd to King Charles Dr; thence

northwesterly on King Charles Dr to Thayer Dr; thence northerly on Thayer Dr to census block

440050401053023; thence westerly on the boundary line between census blocks 440050401053023

-- 440050401053028 to the railroad tracks; thence southerly on the railroad tracks to census block

440050401041002; thence westerly on the boundary line between census blocks 440050401041002

-- 440050401053022 extending to the shoreline; thence southerly on the shoreline to the

Middletown -- Portsmouth boundary line; thence southeasterly on the Middletown -- Portsmouth

boundary line to the Portsmouth -- Little Compton boundary line; thence northerly on the

Portsmouth -- Little Compton border line to the Portsmouth -- Tiverton boundary line; thence

northerly on the Portsmouth -- Tiverton boundary line to the line extending from the boundary line

between census blocks 440050401023038 -- 440050401023039; thence westerly on the southern

boundary lines of census blocks 440050401023039, 440050401023045, and 440050401023052 to

E Main Rd; thence northerly on E Main Rd to the point of origin.

     The seventy-second representative district shall also consist of all of that part of the town

of Middletown bounded by a line beginning at the Portsmouth -- Middletown boundary line and E

Main Rd; thence southwesterly on E Main Rd to Aquidneck Ave; thence southerly on Aquidneck

Ave to Wolcott Ave; thence southerly on Wolcott Ave to Reservoir Rd; thence westerly on

Reservoir Rd and the line extending from the Middletown -- Newport boundary line; thence

southerly on the Middletown -- Newport boundary line to the Atlantic Ocean and the Middletown

-- Little Compton boundary line; thence northerly on the Middletown -- Little Compton boundary

line to the Portsmouth -- Middletown boundary line; thence northwesterly on the Portsmouth --

Middletown boundary line to the point of origin.

     Seventy-third district: The seventy-third representative district shall consist of all of that

part of the town of Middletown bounded by a line beginning at the Middletown -- Newport

boundary line and the separation between Eastons North Pond and South Pond; thence easterly on

the separation of North and South Pond on the boundary line between census blocks

440050404002039 -- 440050404002038 and 440050404002039 -- 440050404002036 to

Aquidneck Ave; thence northerly on Aquidneck Ave to Reservoir Rd; thence easterly on Reservoir

Rd to Wolcott Ave; thence northerly on Wolcott Ave to Aquidneck Ave; thence northerly on

Aquidneck Ave to census block 440050404002014; thence southwesterly on the unnamed stream

on the boundary line between census blocks 440050404002014 and 440050404002012 to Valley

Rd; thence southerly on Valley Rd to Green End Ave; thence westerly on Green End Ave to Bailey

Brook; thence northerly on Bailey Brook to the point extending from Adelaide Ave; thence

westerly on Adelaide Ave to Boulevard; thence westerly on Boulevard to W Main Rd; thence

northerly on W Main Rd to census block 440050402001013; thence westerly on the boundary line

between census blocks 440050402001012 -- 440050402001013, 440050402001012 --

440050402001001 and 440050402001012 -- 440050402001003 to Lexington St; thence southerly

on Lexington St to Coddington Highway; thence westerly on Coddington Highway to the

Middletown -- Newport boundary line; thence southeasterly on the Middletown -- Newport

boundary line to the point of origin.

     The seventy-third representative district shall also consist of all of that part of the city of

Newport bounded by a line beginning at the Newport -- Jamestown boundary line and the Newport

Bridge; thence easterly on the Newport Bridge to State Highway 138; thence easterly on State

Highway 138 to the Conrail RR; thence southerly on the Conrail RR to Van Zandt Ave; thence

easterly on Van Zandt Ave to Tilley Ave; thence southerly on Tilley Ave to Gould St; thence

southerly on Gould St to Broadway; thence northerly on Broadway to Cranston Ave; thence

easterly on Cranston Ave to Kay St; thence northerly on Kay St to Prairie Ave; thence southerly on

Prairie Ave to Ellery Rd; thence easterly on Ellery Rd to Eastons South Pond; thence southerly and

easterly around the shoreline to the Middletown -- Newport boundary line; thence northeasterly on

the Middletown -- Newport boundary line to the Newport -- Jamestown boundary line; thence

southerly on the Newport -- Jamestown boundary line to the point of origin.

     The seventy-third representative district shall also consist of all of that part of the city of

Newport known as Coasters Harbor Island (U.S. Naval Station).

     Seventy-fourth district: The seventy-fourth representative district shall consist of all of

the town of Jamestown.

     The seventy-fourth representative district shall also consist of all of that part of the town

of Middletown bounded by a line beginning at the Portsmouth -- Middletown boundary line and E

Main Rd; thence southerly on E Main Rd to Aquidneck Ave; thence southerly on Aquidneck Ave

to census block 440050404002014; thence southwesterly on the unnamed stream on the western

boundary line of census blocks 440050404002014 and 440050404002012 to Valley Rd; thence

southerly on Valley Rd to Green End Ave; thence westerly on Green End Ave to Bailey Brook;

thence northerly on Bailey Brook to the point extending from Adelaide Ave; thence westerly on

Adelaide Ave to Boulevard; thence westerly on Boulevard to W Main Rd; thence northerly on W

Main Rd to census block 440050402001013; thence westerly on the boundary line between census

blocks 440050402001012 -- 440050402001013, 440050402001012 -- 440050402001001 and

440050402001012 -- 440050402001003 to Lexington St; thence southerly on Lexington St to

Coddington Highway; thence westerly on Coddington Highway to the Middletown -- Newport

boundary line; thence northwesterly on the Middletown -- Newport boundary line to the Jamestown

-- Newport boundary line; thence northerly on the Jamestown -- Newport boundary line to the

Portsmouth -- Middletown boundary line; thence southeasterly on the Portsmouth -- Middletown

boundary line to the point of origin.

     Seventy-fifth district: The seventy-fifth representative district shall consist of all of that

part of the city of Newport bounded by a line beginning at the Newport -- Jamestown boundary

line and the Newport Bridge; thence easterly on the Newport Bridge to State Highway 138; thence

easterly on State Highway 138 to the Conrail RR; thence southerly on the Conrail RR to Van Zandt

Ave; thence easterly on Van Zandt Ave to Tilley Ave; thence southerly on Tilley Ave to Gould St;

thence southerly on Gould St to Broadway; thence northerly on Broadway to Cranston Ave; thence

easterly on Cranston Ave to Kay St; thence northerly on Kay St to Prairie Ave; thence southerly on

Prairie Ave to Ellery Rd; thence easterly on Ellery Rd to Eastons South Pond; thence southerly and

easterly around the shoreline to the Middletown -- Newport boundary line; thence southerly on the

Middletown -- Newport boundary line to the Atlantic Ocean; thence westerly and southerly on the

Newport boundary line to the Jamestown -- Newport boundary line; thence northerly on the

Jamestown -- Newport boundary line to the point of origin.


 

 

 

632)

Section

Amended Chapter Numbers:

 

22-2-3

5 and 6

 

 

22-2-3. Election duties of local officials.

     Wherever in the general laws or in any public law a duty is imposed upon the president of

a city or town council or upon the local board of any city or town or upon a city or town clerk,

sergeant, or constable in connection with the election of a senator or representative, the duty in the

case of a senatorial or representative district comprising parts or the whole of more than one city

or town shall be deemed to be imposed upon the president of the city or town council or local board

or city or town clerk, sergeant, or constable of each or all of the cities or towns in which the

senatorial or representative district shall lie. Wherever in the general laws or in any public law a

duty is imposed upon the city committee, town committee, or ward committee of a political party

in connection with the election of a senator or representative, that duty shall be deemed to be

imposed upon the senatorial or representative district committee of the party as the context shall

require.


 

 

 

633)

Section

Amended Chapter Numbers:

 

22-2-4

5 and 6

 

 

22-2-4.  Reference to a representative from city or town.

     Wherever in the general laws or in any public law reference is made to a senator or

representative from any city or town, or to the election of a senator or representative from any city

or town, the reference shall mean and be deemed to refer to a senator or representative from a

senatorial or representative district, or the election of a senator or representative from a senatorial

or representative district, as the context may require.

     SECTION 9. The senatorial committees of the senatorial districts and the district

committees of the representative districts in office on the effective date of this act shall not

thereafter exercise any powers of nomination or endorsement of candidates for senator or

representative, except for an election for senator or representative prior to the first Tuesday after

the first Monday in November, 2022, but the chairperson of the state committee of each political

party, forthwith upon passage of this act shall appoint the members of a senatorial district

committee for each senatorial district and the members of a representative district committee for

each representative district. Each of said senatorial district committees shall consist of five (5)

members except that in senatorial districts which include all or parts of two (2) or more cities or

towns, the committee shall consist of seven (7) members. Each of said representative district

committees shall consist of three (3) members, except that in representative districts which include

all or parts of two (2) or more cities and towns, the committee shall consist of five (5) members.

Such district committee members, so appointed, shall hold office until the primary elections in 2022

and thereafter until their successors shall have been duly elected, qualified and organized. Nothing

herein contained shall be construed to vacate the office or terminate the term of office of any state

committee member of any party prior to the party primary election in September, 2022.

     SECTION 10. This act shall take effect upon passage; provided, however, that the

provisions hereof shall first be effective in connection with elections to be held on or subsequent

to the first day of September, 2022, and for the purpose of greater clarity, the first election under

the provisions of this act for congress, senator and representative from each of the congressional,

senatorial or representative districts hereby created, shall be held on the Tuesday next after the first

Monday in November, 2022, and the first primary election under the provisions of this act for

nomination of candidates for congress, senate and for representative from each of said

congressional, senatorial and representative district shall be held on the second Tuesday after the

first Monday in September, 2022; provided, however, that if any provision of this act or the

application of such provision to any person or under any circumstances shall be held

unconstitutional or otherwise invalid or inoperative by a decision of any court of competent

jurisdiction, or if any action performed or to be performed under any provision of this act is

restrained or enjoined by any court of competent jurisdiction, the remaining provisions of this act

shall not be deemed to be impaired or affected thereby but shall be deemed to remain in full force

and effect. Any primary or special election held prior to the first day of September, 2022, shall be

conducted under the laws as they existed prior to the passage of this act.


 

 

 

 

634)

Section

Added Chapter Numbers:

 

22-2-6

5 and 6

 

 

22-2-6. Construction of chapter -- Legislative purposes.

     This chapter shall be liberally construed to effectuate the purposes of it and to apportion

the state into representative districts in compliance with the requirements of the United States

Constitution. It is intended that the representative districts described in this chapter completely

encompass all the area within the state and contain all the citizens resident in the state. It is further

intended that the apportionment and districting provided for in this chapter results in the creation

of districts containing substantially equal population. It is also intended that no representative

district shall include any of the area included within the description of any other representative

district. If the districts described in this chapter do not carry out the purposes of them because of

patent unintentional omissions, duplications, overlapping areas, erroneous nomenclature, faulty

description of boundary lines, street closings, changes in names of streets or of public places,

alteration of the courses of rivers or streams, the filling in of lands under water, or changes in

shorelines due to accretion, the secretary of state is authorized and empowered to correct the

omissions, overlaps, erroneous nomenclature, or other defects in the description of districts so as

to accomplish the purposes and objectives of this chapter. In making these corrections, the secretary

of state shall be guided by the following standards:

     (1) Gaps in the description of any district shall be completed in a manner which results in

a total description of the district in manner consonant with the description of adjacent districts.

     (2) Areas included within the descriptions of more than one district shall be allocated to

the district having the lowest population.

     (3) Areas not included within the descriptions of any district shall be allocated to the

adjacent district having the lowest population.


 

 

635)

Section

Added Chapter Numbers:

 

22-7.4-147

12 and 14

 

 

22-7.4-147. Delekta's Corner.

     The corner of 496 Main Street and Joyce Street, along state route 114 in the town of

Warren, Rhode Island, shall be known as Delekta's Corner.


 

 

 

636)

Section

Added Chapter Numbers:

 

22-7.4-148

61 and 62

 

 

22-7.4-148. James P. McCarvill Boardroom.

     The Rhode Island Convention Center boardroom shall be known as the James P. McCarvill

Boardroom.


 

 

 

637)

Section

Amended Chapter Numbers:

 

23-1.7-2

356 and 357

 

 

23-1.7-2. Creation of advisory council.

     (a) There is hereby established a council to be called the "Advisory Council advisory

council on Alzheimer's Disease disease Research and Treatment and related disorders." The

advisory council shall consist of thirteen (13) nineteen (19) members to be composed as follows:

the lieutenant governor, or designee; the director of the department of health, or designee; the

director of the office of healthy aging, or designee; the chairperson of the long-term care

coordinating council; three (3) members appointed by the lieutenant governor, one of whom shall

be appointed solely by the lieutenant governor without reference to any list; one of whom shall be

appointed and selected from a list of five (5) names of individuals submitted by the speaker of the

house, with two (2) individuals having experience as caregivers of persons with Alzheimer's disease

and related disorders and reflecting diverse backgrounds, including diversity in race and ethnicity;

one of whom shall be appointed and selected from a list of five (5) names of individuals submitted

by the president of the senate, with two (2) individuals having experience as caregivers of persons

with Alzheimer's disease and related disorders and reflecting diverse backgrounds, including race

and ethnicity; one member appointed by the speaker of the house; one member appointed by the

president of the senate; and seven (7) ten (10) members appointed by the governor. The members

appointed by the governor shall include one member who is an Alzheimer's disease patient

advocate; one member who is an Alzheimer's disease caregiver; one member who is a healthcare

provider; one member who is a researcher with Alzheimer's-related expertise in basic, translational,

clinical, or drug-development science; one member who is a representative from an Alzheimer's

disease organization that funds research and has demonstrated experience in care and patient

services; one member from an Alzheimer's advocacy organization that provides services to families

and professionals, including information and referrals, support groups, care consultation,

education, and safety services; one member who is a representative from an organization focused

on Alzheimer's workforce development; one member who is a representative from the long-term-

care industry; one member who will represent the adult primary care community; and one member

who is a representative of a healthcare insurer. Advisory council members shall select their own

chairperson. Seven (7) Ten (10) members shall constitute a quorum.

     (b) The member appointed by the speaker of the house,, the member appointed by the

president of the senate, and three (3) members appointed by the governor shall be initially appointed

for a term to expire July 1, 2020, and four (4) members to be appointed by the governor shall be

initially appointed for a term to expire July 1, 2021. After the initial term, the appointed members

shall serve two-year (2) terms, until their successor is appointed.


 

 

 

638)

Section

Amended Chapter Numbers:

 

23-1.7-4

356 and 357

 

 

23-1.7-4. Assessment protocol.

     (a) The director of the department of health shall establish and publish on their the

department’s website an Alzheimer's disease assessment protocol specifically focused on

recognizing the signs and symptoms of cognitive impairments, including, but not limited to,

Alzheimer's disease and appropriate resource information for effective medical screening,

investigation, and service planning.

     (b) The director of the department of health shall make available upon request a copy of

the assessment protocol to protective-services caseworkers, healthcare professionals, and members

of the public.

     (c) Protective-services caseworkers assigned to or employed by the office of healthy aging

shall be familiar with the information contained in the assessment protocol.


 

 

 

 

 

639)

Section

Amended Chapter Numbers:

 

23-1.7-5

356 and 357

 

 

23-1.7-5. Medical professional training.

     (a) All physicians licensed pursuant to chapter 37 of title 5, and nurses licensed pursuant

to chapter 34 of title 5, shall, no later than October 1, 2021 2023, complete a one-time course of

training consisting of a minimum of one hour of instruction on the diagnosis, treatment, and care

of patients with cognitive impairments including, but not limited to, Alzheimer's disease and

dementia related disorders.

     (b) The department of health shall promulgate rules to implement the training requirement

of subsection (a).


 

 

 

640)

Section

Amended Chapter Numbers:

 

23-1.7-6

356 and 357

 

 

23-1.7-6. Healthcare facility plan.

     (a) Every healthcare facility as defined in § 23-17-2 shall, not later than October 1, 2021

2023, complete and implement an operational plan for the recognition and management of patients

with Alzheimer's disease or dementia and related disorders.

     (b) The department of health shall promulgate rules and regulations to implement the

operational plan requirements of subsection (a).

     (c) The director of the department of health, in consultation with the advisory council on

Alzheimer's disease and related disorders, shall determine which health care healthcare facilities

defined in § 23-17-2 will be subject to the requirements of subsection (a) of this section.


 

 

 

641)

Section

Amended Chapter Numbers:

 

23-3-1

290 and 333

 

 

23-3-1. Definitions.

     As used in this chapter:

     (1) "Adoptee" means a person who was born in this state and who has had an original birth

certificate sealed due to an adoption.

     (2) "Adoptee vital records file" means a file operated by the division of vital records that

maintains adoptees' birth certificates, makes available the contact preference forms, and provides

adoptees with non-certified copies of their birth certificates.

     (3) "Adult adoptee" means an adoptee eighteen years of age or older.

     (4) "Birth parent" is the person, the father or mother of genetic origin of a child, who is

legally presumed under the laws of this state to be the father or mother of genetic origin of a child.

     (5) "Community of residence" means the city or town within the state of a person's home

address at the time of his or her marriage or death, or of his or her mother's home address at the

time of his or her birth.

     (6) "Contact preference form" means the form prepared and maintained by the division that

birth parent(s) of adoptees may file to express his or her preference regarding contact with the

adoptee. The contact preference form shall include language informing the birth parent(s) of their

ability to provide genetic, social, and health history to the Passive Voluntary Adoption Mutual

Consent Registry as defined in chapter 7.2 of title 15.

     (7) "Dead body" means a lifeless human body or parts of a lifeless human body or its bones

from the state of which it reasonably may be concluded that death recently occurred.

     (8) "Direct line descendant" means a person who is in direct line to an ancestor, such as a

biological child, grandchild, or great-grandchild.

     (8)(9) "Division" means the division of vital records as defined in this chapter.

     (9)(10) "Fetal death" means death prior to the complete expulsion or extraction from its

mother of a product of human conception, irrespective of the duration of pregnancy; the death is

indicated by the fact that after the expulsion or extraction the fetus does not breathe or show any

other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite

movement of the voluntary muscles.

     (10)(11) "Filing" means the presentation of a certificate, report, or other record provided

for in this chapter, of a birth, death, fetal death, adoption, marriage, or divorce for registration by

the division of vital records.

     (11)(12)"Final disposition" means the burial, interment, cremation, or other disposition of

a dead body or fetus.

     (12)(13)"Institution" means any establishment, public or private, that provides in-patient

medical, surgical, or diagnostic care or treatment, or nursing, custodial or domiciliary care to two

(2) or more unrelated individuals, or to which persons are committed by law.

     (14) "Legal representative" means an individual's attorney, personal representative, or

conservator and includes a guardian appointed by the court to make decisions regarding the person

of an adult.

     (13)(15) "Live birth" means the complete expulsion or extraction from its mother of a

product of human conception, irrespective of the duration of pregnancy, that, after that expulsion

or extraction, breathes or shows any other evidences of life such as beating of the heart, pulsation

of the umbilical cord, or definite movement of the voluntary muscles, whether or not the umbilical

cord has been cut or the placenta is attached.

     (14)(16) "Physician" means a person authorized or licensed to practice medicine pursuant

to chapter 37 of title 5.

     (15)(17) "Registration" means the acceptance by the division of vital records and the

incorporation in its official records of certificates, reports, or other records provided for in this

chapter, or births, deaths, fetal deaths, adoptions, marriages, or divorces.

     (16)(18) "Signing" or "Signature" means the application of either a hand signature to a

paper record or an electronic process approved by the state registrar of vital records.

     (17)(19) "System of vital records" means the registration, collection, preservation,

amendment, and certification of vital statistics records, and activities related to them including the

tabulation, analysis, and publication of statistical data derived from those records.

     (18)(20) "Vital records" means records of birth, death, fetal death, marriage, divorce, and

data related to those records.


 

 

 

642)

Section

Amended Chapter Numbers:

 

23-3-15

290 and 333

 

 

23-3-15.    New certificates of birth following adoption -- Legitimation and genetic parent

determination.

     (a) The state registrar of vital records shall establish a new certificate of birth for a person

born in this state when he or she receives the following:

     (1) An adoption report as provided in § 23-3-14 or a certified copy of the decree of adoption

together with the information necessary to identify the original certificate of birth and to establish

a new certificate of birth; except that a new certificate of birth shall not be established if the court

decreeing the adoption, the adoptive parents, or the adopted person requests that a new certificate

shall not be established.

     (2) A request that a new certificate be established and evidence required by regulation

proving that the person has been legitimated, or that a court of competent jurisdiction has

determined the paternity genetic parent of the person; provided, however, that where a court of

competent jurisdiction has determined the paternity genetic parent of the person, the name of the

person who has been adjudicated as being the father shall be inserted on the birth certificate.

     (b) When a new certificate of birth is established, the actual place and date of birth shall be

shown. It shall be substituted for the original certificate of birth.

     (1) Thereafter, the original certificate and the evidence of adoption, paternity parentage, or

legitimation shall not be subject to inspection except as allowed by this chapter in the case of

adoption by the adult adoptee, or upon order of a court of competent jurisdiction, or as provided by

regulation.

     (2) Upon receipt of a notice of annulment of adoption, the original certificate of birth shall

be restored to its place in the files and the new certificate and evidence shall not be subject to

inspection except upon order of a court of competent jurisdiction.

     (3) Upon receipt from a passive voluntary adoption mutual consent registry of a certificate

provided for in § 15-7.2-12(b), the adult adoptee named in the certificate shall be entitled to receive

non-certified copies of his or her original birth certificate.

     (c) If no certificate of birth is on file for the person for whom a new certificate is to be

established under this section, a delayed certificate of birth shall be filed with the state registrar of

vital records as provided in § 23-3-12 or § 23-3-13, before a new certificate of birth is established,

except that when the date and place of birth and parentage have been established in accordance

with this chapter in the adoption proceedings, a delayed certificate shall not be required.

     (d) When a new certificate of birth is established by the state registrar of vital records, all

copies of the original certificate of birth in the custody of any custodian of permanent local records

in this state shall be sealed from inspection or forwarded to the state registrar of vital records, as he

or she shall direct.

     (e)(1) The state registrar shall, upon request, prepare and register a certificate in this state

for a person born in a foreign country who is not a citizen of the United States and who was adopted

through a court of competent jurisdiction in this state. The certificate shall be established upon

receipt of a report of adoption from the court decreeing the adoption, proof of the date and place of

the child's birth, and a request from the court, the adopting parents, or the adopted person if eighteen

(18) years of age or over that a certificate be prepared. The certificate shall be labeled "certificate

of foreign birth" and shall show the actual country of birth. After registration of the birth certificate

in the new name of the adopted person, the state registrar shall seal and file the report of adoption

which shall not be subject to inspection except upon order of a court of competent jurisdiction or

as provided by regulation.

     (2) If the child was born in a foreign country but was a citizen of the United States at the

time of birth, the state registrar shall not prepare a "certificate of foreign birth" and shall notify the

adoptive parents of the procedures for obtaining a revised birth certificate for their child through

the U.S. Department of State.

     (f) When a new certificate of birth is established following an adoption or legitimation in

this state, and when no record of the original birth is on file at the city or town of occurrence, the

state registrar of vital records shall cause a copy to be filed with the registrar of births in the city or

town where the child was born and the city or town of residence of the parents indicated on the new

certificate, if that residence is within the state.

     (g)(1) The division shall establish, maintain, and operate the adoptee vital records file.

Beginning July 1, 2012, upon written application by an adult adoptee who was born in the State of

Rhode Island the division shall issue to the applicant a non-certified copy of the unaltered, original

certificate of birth of the adoptee, or if the adopted person is deceased, the adopted person's direct

line descendants, or the legal representative of such adopted person, in accordance with the

provisions of § 23-3-23, with procedures, filing fees, and waiting periods identical to those imposed

upon non-adopted citizens of the state.

     (2) The division shall prescribe and, upon request, shall make available to each birth parent

of an adoptee named on the original birth certificate, a contact preference form on which the birth

parent may state a preference regarding contact by an adoptee who is the birth child of the birth

parent. The contact preference form shall be returned to the division. Upon such a request, the

division shall also provide the birth parent with an updated medical history form, which may be

completed and returned to the Passive Voluntary Adoption Mutual Consent Registry. The contact

preference form shall provide the birth parent with the following options from which the birth

parent shall select one:

     "(a) I would like to be contacted.

     (b) I would prefer to be contacted only through an intermediary.

     (c) I would prefer not to be contacted at this time."

     (3) When the division receives a completed contact preference form from a birth parent,

the division shall place the form on file and create an index of all contact preference forms filed.

When the vital records office receives a request for an original birth certificate they will then open

the adoptee's sealed file and check the file for the names of the birth parent(s). These names will

then be cross referenced with the birth parent(s) names listed on the contact preference form index.

If there is a match, the vital records office will provide the adoptee a copy of the contact preference

form. The division shall inform the adoptee of his or her right to contact the Passive Voluntary

Adoption Mutual Consent Registry to see if an updated medical history form has been filed by his

or her birth parent.

     (4) Beginning September 1, 2011, the division shall make reasonable efforts to inform the

public of the existence of the adoptee vital records file; the ability of adult adoptees born in the

State of Rhode Island to access non-certified copies of their birth certificates subject to the

provisions of this chapter; and the ability of the birth parent(s) of adoptees to file a contact

preference form with the division of vital records.

     (h) The division shall maintain the following statistics that shall be made available to the

general public on a quarterly basis or more frequently if possible:

     (1) Number of original birth certificates released since the effective date of this bill;

     (2) Number of contact preference forms filed; and

     (3) Number of birth parent(s) who indicated on the contact preference form that they would

like to be contacted, would like to be contacted but only through an intermediary, or do not want

to be contacted.


 

 

 

643)

Section

Added Chapter Numbers:

 

23-4.14

429 and 430

 

 

CHAPTER 4.14

FEMININE HYGIENE PRODUCT DONATION ACT


 

 

 

644)

Section

Added Chapter Numbers:

 

23-4.14-1

429 and 430

 

 

23-4.14-1. Definitions.

     As used in this chapter:

     (1) "Apparently usable" means that a product meets all quality and labeling standards

imposed by federal and state laws and regulations even if the product may not be readily

marketable.

     (2) "Feminine hygiene product":

     (i) Means a product used for a female's menstruation or other genital-tract secretions; and

     (ii) Includes tampons and sanitary napkins.

     (3) "Person" means an individual and does not mean an association of individuals or a legal entity.


 

 

645)

Section

Added Chapter Numbers:

 

23-4.14-2

429 and 430

 

 

23-4.14-2. Immunity from liability for feminine hygiene product donors.

     (a) Any person who donates in good faith an apparently usable feminine hygiene product

to a bona fide charitable or nonprofit organization for free distribution to persons in need of the

product is not subject to criminal penalty for violation of unfair trade practice laws or civil damages

arising from the nature, age, packaging, or condition of an apparently usable feminine hygiene

product.

     (b) Subsection (a) of this section shall not apply when a person's good-faith actions

constitute gross negligence or intentional misconduct that results in injury or death to a person who

uses the apparently usable feminine hygiene product.


 

 

 

646)

Section

Added Chapter Numbers:

 

23-17-65

299 and 300

 

 

23-17-65. Transparency of ownership in healthcare facilities.

     (a) Any operator or operators of a nursing facility shall file with the department of health

information of ownership including, but not limited to, the following:

     (1) The name, address, and a description of the interest held by each of the following

persons:

     (i) Any person, who directly or indirectly, beneficially owns any interest in the land on

which the facility is located;

     (ii) Any person who, directly or indirectly, beneficially owns any interest in the building

in which the facility is located;

     (iii) Any person who, directly or indirectly, beneficially owns any interest in any mortgage,

note, deed of trust, or other obligation secured, in whole or in part, by the land on which or building

in which the facility is located;

     (iv) Any person who, directly or indirectly, has any interest as lessor or lessee in any lease

or sub-lease of the land on which or the building in which the facility is located;

     (v) Any person who is the ultimate and actual owner of the land, building, mortgages, and

leases of the nursing facility and any lessee of the land or building; and

     (vi) The operator or operators of the nursing facility.

     (2) If any person named in subsection (a)(1) of this section is a partnership or limited

liability company, then the name and address of each partner or member.

     (3) If any person named in subsection (a)(1) of this section is a corporation, other than a

corporation whose shares are traded on a national securities exchange or are regularly quoted in an

over-the-counter market or which is a commercial bank, savings bank, or savings and loan

association, then the name and address of each officer, director, stockholder and, if known, each

principal stockholder and controlling person of such corporation.

     (4) If any corporation named in subsection (a)(1) of this section is a corporation whose

shares are traded on a national securities exchange or are regularly quoted in an over-the-counter

market or which is a commercial bank, savings bank, or savings and loan association, then the name

and address of the principal executive officers and each director and, if known, each principal

stockholder of such corporation.

     (b) In order to promote greater transparency, the department of health shall, upon request,

furnish to the public all documents and information received pursuant to this section.

     (c) As used in this section, the term "operator" means the licensee and also includes the

complete ownership entity above the actual entity holding the license.


 

 

 

 

647)

Section

Amended Chapter Numbers:

 

23-17.14-4

401 and 441

 

 

23-17.14-4. Definitions.

     For purposes of this chapter:

     (1) "Acquiree" means the person or persons that lose(s) any ownership or control in the

new hospital as a result of a conversion, as the terms "conversion,", "new hospital,", and "person(s)"

are defined within this chapter;.

     (2) "Acquiror" means the person or persons which that gain(s) an ownership or control in

the new hospital as a result of a conversion, as the terms "conversion,", "new hospital,", and

"person(s)" are defined within this chapter;.

     (3) "Affected community" means any city or town within the state wherein an existing

hospital is physically located and/or those cities and towns whose inhabitants are regularly served

by the existing hospital;.

     (4) "Charity care" is defined as healthcare services provided by a hospital without charge

to a patient and for which the hospital does not and has not expected payment;.

     (5) "Community benefit" means the provision of hospital services that meet the ongoing

needs of the community for primary and emergency care in a manner that enables families and

members of the community to maintain relationships with person persons who are hospitalized or

are receiving hospital services, and shall also include, but not be limited to charity care and

uncompensated care;.

     (6) "Conversion" means any transfer by a person or persons of an ownership or membership

interest or authority in a hospital, or the assets of a hospital, whether by purchase, merger,

consolidation, lease, gift, joint venture, sale, or other disposition which that results in a change of

ownership or control or possession of twenty percent (20%) or greater of the members or voting

rights or interests of the hospital or of the assets of the hospital or pursuant to which, by virtue of

the transfer, a person, together with all persons affiliated with the person, holds or owns, in the

aggregate, twenty percent (20%) or greater of the membership or voting rights or interests of the

hospital or of the assets of the hospital, or the removal, addition, or substitution of a partner which

that results in a new partner gaining or acquiring a controlling interest in the hospital, or any change

in membership which that results in a new person gaining or acquiring a controlling vote in the

hospital;.

     (7) "Current conflict of interest forms" means conflict of interest forms signed within one

year prior to the date the application is submitted in the same form as submitted to auditors for the

transacting parties in connection with the preparation of financial statements, or in such other on a

form as is acceptable to the department of the attorney general, together with a description of any

conflicts of interest that have been discovered by or disclosed to a transacting party since the date

of such conflict of interest forms setting forth any possible conflict of interest for all officers,

directors, members of the board, trustees, senior management, chairpersons or department

chairpersons and medical directors, or the transacting parties and their families;.

     (8) "Department" means the department of health. However "departments" shall mean the

department of health and the department of the attorney general;.

     (9) "Director" means the director of the department of health;.

     (10) "Existing hospital" means the acquiree hospital as it exists prior to the acquisition;.

     (11) "For-profit corporation" means a legal entity formed for the purpose of transacting

business which that has as any one of its purposes pecuniary profit;.

     (12) "Hospital" means a person or governmental entity licensed in accordance with chapter

17 of this title to establish, maintain, and operate a hospital;.

     (13) “Incumbent or recently incumbent” means those individuals holding the position at

the time the application was submitted and any individual who held a similar position within one

year prior to the application’s acceptance;.

     (13)(14) "New hospital" means the acquiree hospital as it exists after the completion of a

conversion;.

     (14)(15) "Not-for-profit corporation means a legal entity formed for some charitable or

benevolent purpose and not-for-profit which has been exempted from taxation pursuant to Internal

Revenue Code § 501(c)(3), 26 U.S.C. § 501(c)(3);.

     (15)(16) "Person" means any individual, trust or estate, partnership, corporation (including

associations, joint stock companies, and insurance companies), state or political subdivision, or

instrumentality of the state;.

     (16)(17) "Senior managers" or "senior management" means executives and senior level

managers of a transacting party;.

     (17)(18) "Transacting parties" means the acquiree and the acquiror; and.

     (18)(19) "Uncompensated care" means a combination of free care, which the hospital

provides at no cost to the patient,; bad debt, which the hospital bills for but does not collect,; and

less than full Medicaid reimbursement amounts.


 

 

 

 

648)

Section

Amended Chapter Numbers:

 

23-17.14-6

401 and 441

 

 

23-17.14-6. Initial application -- Conversions involving for-profit corporations or not-for-profit

corporations as acquirors or acquirees.

     (a) No person shall engage in a conversion with a for profit for-profit corporation as the

acquiror and or a not-for-profit corporation as the acquiror or acquiree involving the establishment,

maintenance, or operation of a hospital or a conversion subject to § 23-17.14-9 without prior

approval of both the department of attorney general and the department of health. The review of

the two (2) departments shall occur concurrently, and neither department shall delay its review or

determination because the other department has not completed its review or issued its

determination. The applicant may request that the review by the departments occur concurrently

with the review of any relevant federal regulatory authority. The transacting parties shall file an

initial application in accordance with subsection (b) of this section that shall, at minimum, include

the following information with respect to each transacting party and to the proposed new hospital:

     (1) A detailed summary of the proposed conversion;

     (2) Names, addresses, and phone numbers of the transacting parties;

     (3) Name, address, phone number, occupation, and tenure of all officers, members of the

board of directors, trustees, executives, and senior managers, including for each position, current

persons and persons holding such position during the past two (2) years;

     (4) A list of all committees, subcommittees, task forces, or similar entities of the board of

directors or trustees, including a short description of the purpose of each committee, subcommittee,

task force, or similar entity and the name, address, phone number, occupation, and tenure of each

member;

     (5) Agenda and minutes of all meetings of the board of directors or trustees and any of its

committees, subcommittees, task forces related to the conversion, or similar entities excluding

those focused on peer review and confidential medical matters, that occurred within the two-(2)

year (2) period prior to submission of the application, including, upon the request of the department

or attorney general, any meeting packages;

     (6) Articles of incorporation and certificate of incorporation;

     (7) Bylaws and organizational charts;

     (8) Organizational structure for existing transacting parties and each partner, affiliate,

parent, subsidiary, or related corporate entity in which the acquiror has a twenty percent (20%) or

greater ownership interest;

     (9) Conflict of interest statements, policies, and procedures;

     (10) Names, addresses, and phone numbers of professional consultants engaged in

connection with the proposed conversion;

     (11) Copies of audited income statements, balance sheets, other financial statements, and

management letters for the past three (3) years and to the extent they have been made public, audited

interim financial statements and income statements together with detailed description of the

financing structure of the proposed conversion including equity contribution, debt restructuring,

stock issuance, partnership interests, stock offerings, and the like;

     (12) A detailed description of real estate issues including title reports for land owned and

lease agreements concerning the proposed conversion;

     (13) A detailed description as each relates to the proposed transaction for equipment leases,

insurance, regulatory compliance, tax status, pending litigation or pending regulatory citations,

pension plan descriptions and employee benefits, environmental reports, assessments, and

organizational goals;

     (14) Copies of reports analyzing the proposed conversion during the past three (3) years

including, but not limited to, reports by appraisers, accountants, investment bankers, actuaries, and

other experts;

     (15) Copies of any opinions or memoranda addressing the state and federal tax

consequences of the proposed conversion prepared for a transacting party by an attorney,

accountant, or other expert;

     (16) A description of the manner in which the price was determined including which

methods of valuation and what data were used, and the names and addresses of persons preparing

the documents, and this information is deemed to be proprietary;

     (17) Patient statistics for the past three (3) years and patient projections for the next one

year including patient visits, admissions, emergency room visits, clinical visits, and visits to each

department of the hospital, admissions to nursing care, or visits by affiliated home healthcare

entities;

     (18) The name and mailing address of all licensed facilities in which the for-profit

corporation maintains an ownership interest or controlling interest or operating authority;

     (19) A list of pending or adjudicated citations, violations or charges against the facilities

listed in subdivision (a)(18) brought by any governmental agency or accrediting agency within the

past three (3) years and the status or disposition of each matter with regard to patient access and

care and charitable asset matters;

     (20) A list of uncompensated care provided over the past three (3) years by each facility

listed in subdivision (a)(18) and detail as to how that amount was calculated;

     (21) Copies of all documents related to:

     (i) Identification of all charitable assets;

     (ii) Accounting of all charitable assets for the past three (3) years; and

     (iii) Distribution of the charitable assets including, but not limited to, endowments,

restricted, unrestricted, and specific purpose funds as each relates to the proposed transaction;

     (22) A description of charity care and uncompensated care provided by the existing hospital

hospital(s) for the previous three-(3) year (3) period to the present including a dollar amount and a

description of services provided to patients;

     (23) A description of bad debt incurred by the existing hospital for the previous three (3)

years for which payment was anticipated but not received;

     (24) A description of the plan as to how the new hospital will provide community benefit

and charity care during the first three (3) years of operation;

     (25) A description of how the new hospital will monitor and value charity care services

and community benefit;

     (26) The names of persons currently holding a position as an officer, director, board

member, or senior manager who will or will not maintain any position with the new hospital and

whether any said person will receive any salary, severance stock offering, or any financial gain,

current or deferred, as a result of or in relation to the proposed conversion;

     (27) Copies of capital and operating budgets or other financial projections for the new

hospital during the first three (3) years of operation;

     (28) Copies of plans relative to staffing during the first three (3) years at the new hospital;

     (29) A list of all medical services, departments and clinical services, and administrative

services which that will be maintained at the new hospital, including staffing levels;

     (30) A description of criteria established by the board of directors of the existing hospital

transacting parties for pursuing a proposed conversion with one or more healthcare providers;

     (31) Copies of reports of any due diligence review performed by each transacting party in

relation to the proposed conversion. These reports are to be held by the attorney general and

department of health as confidential and not released to the public regardless of any determination

made pursuant to § 23-17.14-32 and not withstanding any other provision of the general laws;

     (32) A description of request for proposals issued by the existing hospital transacting

parties relating to pursuing a proposed conversion;

     (33) Copies of reports analyzing affiliations, mergers, or other similar transactions

considered by any of the transacting parties during the past three (3) years, including, but not limited

to, reports by appraisers, accountants, investment bankers, actuaries, and other experts;

     (34) A copy of proposed contracts or description of proposed contracts or arrangements

with senior managers, board members, officers, or directors of the existing hospital transacting

parties for severance consulting services or covenants not to compete following completion of the

proposed conversion;

     (35) A copy or description of all agreements or proposed agreements reflecting any current

and/or future employment or compensated relationship between the acquiror (or any related entity)

and any officer, director, board member, or senior manager of the acquiree (or any related entity);

     (36) A copy or description of all agreements executed or anticipated to be executed by any

of the transacting parties in connection with the proposed conversion;

     (37) Copies of documents or description of any proposed plan for any entity to be created

for charitable assets, including but not limited to, endowments, restricted, unrestricted, and specific

purpose funds, the proposed articles of incorporation, bylaws, mission statement, program agenda,

method of appointment of board members, qualifications of board members, duties of board

members, and conflict of interest policies;

     (38) Description of all departments, clinical, social, or other services or medical services

that will be eliminated or significantly reduced at the new hospital by transacting parties at either

the new hospital(s) or the existing hospital(s);

     (39) Description of staffing levels for five (5) years of all categories of employees,

including full-time, part-time, and contract employees currently working at or providing services

to the existing hospital and description of any anticipated or proposed changes in current staffing

levels, including any reduction in staffing, relocation of staffing, or additional staffing affecting the

new hospital and the existing hospital;

     (40) Description of retirement plan(s) for all employees, full-time or part-time, including

any supplemental executive retirement plans;

     (41) Copies of retirement plans accounting; management letters, and reports, including

unfunded liabilities for retirement plans for the last five (5) years;

     (42) Copies of plans to fund unfunded liabilities for pension and any retirement plans;

     (43) Copies of any impact analysis for the affected communities both before conversion

and after proposed conversion, including benefits to the community, economic impact, and staffing;

     (40)(44) Copies of current conflict of interest forms from all incumbent or recently

incumbent officers, directors, members of the boards of directors or trustees, and senior managers,

including management and the medical directors, of the transacting parties on a form acceptable to

the department of attorney general; "incumbent or recently incumbent" means those individuals

holding the position at the time the application is submitted and any individual who held a similar

position within one year prior to the application's acceptance;

     (41)(45) If the acquiror is a for-profit corporation that has acquired a not-for-profit hospital

under the provisions of this chapter, the application shall also include a complete statement of

performance during the preceding one year with regard to the terms and conditions of approval of

conversion and each projection, plan, or description submitted as part of the application for any

conversion completed under an application submitted pursuant to this section and made a part of

an approval for the conversion pursuant to § 23-17.14-7, § 23-17.14-8 or 23-14.14-19 § 23-17.14-

19; and

     (42)(46) Copies of IRS Form 990 for any transacting party required by federal law to file

such a form for each of the three (3) years prior to the submission of the application.

     (b) Two (2) copies of the initial application shall be provided to each of the department of

health and department of the attorney general simultaneously by United States mail, certified, return

receipt requested. Filings may be submitted electronically if acceptable to the department of health

and/or attorney general.

     (c) Except for information determined by the attorney general in accordance with § 23-

17.14-32 to be confidential and/or proprietary, or otherwise required by law to be maintained as

confidential, the initial application and supporting documentation shall be considered public

records and shall be available for inspection upon request.


 

 

 

649)

Section

Amended Chapter Numbers:

 

23-17.14-7

401 and 441

 

 

23-17.14-7. Review process of the department of attorney general and the department

of health and review criteria by department of attorney general.

     (a) The department of attorney general shall review all conversions involving a hospital in

which one or more of the transacting parties involves a for-profit corporation as the acquiror and

and/or a not-for-profit corporation as the acquiree.

     (b) In reviewing proposed conversions in accordance with this section and § 23-17.14-10,

the department of attorney general and department of health shall adhere to the following process:

     (1) Within thirty (30) days after receipt of an initial application, the department of attorney

general and department of health shall jointly advise the applicant, in writing, whether the

application is complete, and, if not, shall specify all additional information the applicant is required

to provide;

     (2) The applicant will submit the additional information within thirty (30) working days.

If the additional information is submitted within the thirty-day (30) period, the department of

attorney general and department of health will have ten (10) working days within which to

determine acceptability of the additional information. If the additional information is not submitted

by the applicant within the thirty-day (30) period or if either agency determines the additional

information submitted by the applicant is insufficient, the application will be rejected without

prejudice to the applicant's right to resubmit, the rejection to be accompanied by a detailed written

explanation of the reasons for rejection. If the department of attorney general and department of

health determine the additional information to be as requested, the applicant will be notified, in

writing, of the date of acceptance of the application;

     (3) Within thirty (30) working days after acceptance of the initial application, the

department of attorney general shall render its determination on confidentiality pursuant to § 23-

17.14-32 and the department of attorney general and department of health shall publish notice of

the application in a newspaper of general circulation in the state and shall notify by United States

mail any person who has requested notice of the filing of the application. The notice shall:

     (i) State that an initial application has been received and accepted for review;

     (ii) State the names of the transacting parties;

     (iii) State the date by which a person may submit written comments to the department of

attorney general or department of health; and

     (iv) Provide notice of the date, time, and place of informational meeting open to the public

which shall be conducted within sixty (60) days of the date of the notice;

     (4) The department of attorney general and department of health shall each approve,

approve with conditions directly related to the proposed conversion, or disapprove the application

within one hundred twenty (120) one hundred eighty (180) days of the date of acceptance of the

application.

     (c) In reviewing an application pursuant to subsection (a) of this section, the department of

the attorney general shall consider the following criteria:

     (1) Whether the proposed conversion will harm the public's interest in trust property given,

devised, or bequeathed to the existing hospital for charitable, educational, or religious purposes

located or administered in this state;

     (2) Whether a trustee or trustees of any charitable trust located or administered in this state

will be deemed to have exercised reasonable care, diligence, and prudence in performing as a

fiduciary in connection with the proposed conversion;

     (3) Whether the board established appropriate criteria in deciding to pursue a conversion

in relation to carrying out its mission and purposes;

     (4) Whether the board formulated and issued appropriate requests for proposals in pursuing

a conversion;

     (5) Whether the board considered the proposed conversion as the only alternative or as the

best alternative in carrying out its mission and purposes;

     (6) Whether any conflict of interest exists concerning the proposed conversion relative to

members of the board, officers, directors, senior management, experts, or consultants engaged in

connection with the proposed conversion including, but not limited to, attorneys, accountants,

investment bankers, actuaries, healthcare experts, or industry analysts;

     (7) Whether individuals described in subsection (c)(6) of this section were provided with

contracts or consulting agreements or arrangements that included pecuniary rewards based in

whole, or in part on the contingency of the completion of the conversion;

     (8) Whether the board exercised due care in engaging consultants with the appropriate level

of independence, education, and experience in similar conversions;

     (9) Whether the board exercised due care in accepting assumptions and conclusions

provided by consultants engaged to assist in the proposed conversion;

     (10) Whether the board exercised due care in assigning a value to the existing hospital and

its charitable assets in proceeding to negotiate the proposed conversion;

     (11) Whether the board exposed an inappropriate amount of assets by accepting in

exchange for the proposed conversion future or contingent value based upon success of the new

hospital;

     (12) Whether officers, directors, board members, or senior management will receive future

contracts in existing, new, or affiliated hospital or foundations;

     (13) Whether any members of the board will retain any authority in the new hospital;

     (14) Whether the board accepted fair consideration and value for any management

contracts made part of the proposed conversion;

     (15) Whether individual officers, directors, board members, or senior management

engaged legal counsel to consider their individual rights or duties in acting in their capacity as a

fiduciary in connection with the proposed conversion;

     (16) Whether the proposed conversion results in an abandonment of the original purposes

of the existing hospital or whether a resulting entity will depart from the traditional purposes and

mission of the existing hospital such that a cy press pres proceeding would be necessary;

     (17) Whether the proposed conversion contemplates the appropriate and reasonable fair

market value;

     (18) Whether the proposed conversion was based upon appropriate valuation methods

including, but not limited to, market approach, third-party report, or fairness opinion;

     (19) Whether the conversion is proper under the Rhode Island Nonprofit Corporation Act;

     (20) Whether the conversion is proper under applicable state tax code provisions;

     (21) Whether the proposed conversion jeopardizes the tax status of the existing hospital;

     (22) Whether the individuals who represented the existing hospital in negotiations avoided

conflicts of interest;

     (23) Whether officers, board members, directors, or senior management deliberately acted

or failed to act in a manner that impacted negatively on the value or purchase price;

     (24) Whether the formula used in determining the value of the existing hospital was

appropriate and reasonable which may include, but not be limited to, factors such as: the multiple

factor applied to the "EBITDA" -- earnings before interest, taxes, depreciation, and amortization;

the time period of the evaluation; price/earnings multiples; the projected efficiency differences

between the existing hospital and the new hospital; and the historic value of any tax exemptions

granted to the existing hospital;

     (25) Whether the proposed conversion appropriately provides for the disposition of

proceeds of the conversion that may include, but not be limited to:

     (i) Whether an existing entity or a new entity will receive the proceeds;

     (ii) Whether appropriate tax status implications of the entity receiving the proceeds have

been considered;

     (iii) Whether the mission statement and program agenda will be or should be closely related

with the purposes of the mission of the existing hospital;

     (iv) Whether any conflicts of interest arise in the proposed handling of the conversion's

proceeds;

     (v) Whether the bylaws and articles of incorporation have been prepared for the new entity;

     (vi) Whether the board of any new or continuing entity will be independent from the new

hospital;

     (vii) Whether the method for selecting board members, staff, and consultants is

appropriate;

     (viii) Whether the board will comprise an appropriate number of individuals with

experience in pertinent areas such as foundations, health care, business, labor, community

programs, financial management, legal, accounting, grant making, and public members

representing diverse ethnic populations and the interests of the affected community; and

     (ix) Whether the size of the board and proposed length of board terms are sufficient;

     (26) Whether the transacting parties are in compliance with the Charitable Trust Act,

chapter 9 of title 18;

     (27) Whether a right of first refusal to repurchase the assets has been retained;

     (28) Whether the character, commitment, competence, and standing in the community, or

any other communities served by the transacting parties, are satisfactory;

     (29) Whether a control premium is an appropriate component of the proposed conversion;

     (30) Whether the value of assets factored in the conversion is based on past performance

or future potential performance; and

     (31) Whether the proposed conversion is proper under chapter 36 of title 6 ("Rhode Island

Antitrust Act");

     (32) Whether the board established appropriate criteria for staffing levels post conversion,

including any reduction in staffing, relocation of staffing, or additional staffing affecting the new

hospital(s) and the existing hospital(s);

     (33) Whether the board exercised due care concerning staffing levels post conversion to

comply with federal employment and labor laws, including the National Labor Relations Act

(NLRA), 29 U.S.C. §§ 151-169, Age Discrimination in Employment Act of 1967, Public Law Pub.

L. No. 90-202, 29 U.S.C. §§ 621-634, Civil Rights Act of 1964, Public Law Pub. L. No. 88-352

(78 Stat. 241), 42 U.S.C. § 2000d et seq. (Title VI);

     (34) Whether the board exercised due care concerning staffing levels post conversion to

comply with state employment and labor laws, including chapter 5 of title 28 ("fair employment

practices");

     (35) Whether the board exercised due care in funding employee and retirement plans and

pensions, including developing plans to fund unfunded liabilities for retirement plans and pensions

for all employees, full-time or part-time;

     (36) Whether the retirement and pensions plans are in compliance with the Employee

Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq.; and

     (37) Whether the board established appropriate criteria for any impact analysis for the

affected communities both before conversion and after proposed conversion, including benefits to

the community, economic impact, and staffing.


 

 

650)

Section

Amended Chapter Numbers:

 

23-17.14-8

401 and 441

 

 

23-17.14-8. Review process and review criteria by department of health for conversions

involving for-profit corporation as acquiror and or acquiree.

     (a) The department of health shall review all proposed conversions involving a hospital in

which one or more of the transacting parties involves a for-profit corporation as the acquiror and a

not-for-profit corporation as the acquiree.

     (b) In reviewing an application for a conversion involving hospitals in which one or more

of the transacting parties is a for-profit corporation, as the acquiror the department of health shall

consider the following criteria:

     (1) Whether the character, commitment, competence, and standing in the community, or

any other communities served by the proposed transacting parties, are satisfactory;

     (2) Whether sufficient safeguards are included to assure the affected community continued

access to affordable care;

     (3) Whether the transacting parties have provided clear and convincing evidence that the

new hospital will provide health care and appropriate access with respect to traditionally

underserved populations in the affected community;

     (4) Whether procedures or safeguards are assured to insure that ownership interests will

not be used as incentives for hospital employees or physicians to refer patients to the hospital;

     (5) Whether the transacting parties have made a commitment to assure the continuation of

collective bargaining rights, if applicable, and retention of the workforce;

     (6) Whether the transacting parties have appropriately accounted for employment needs at

the facility and addressed workforce retraining needed as a consequence of any proposed

restructuring;

     (7) Whether the conversion demonstrates that the public interest will be served considering

the essential medical services needed to provide safe and adequate treatment, appropriate access,

and balanced health care healthcare delivery to the residents of the state; and

     (8) Whether the acquiror has demonstrated that it has satisfactorily met the terms and

conditions of approval for any previous conversion pursuant to an application submitted under §

23-17.14-6.

     (c) In reviewing proposed conversions in accordance with this section, the department of

health shall adhere to the process in § 23-17.14-7(b).


 

 

 

651)

Section

Amended Chapter Numbers:

 

23-17.14-10

401 and 441

 

 

23-17.14-10. Review process of department of attorney general and department of

health and criteria by department of attorney general -- Conversions limited to not-for-profit

corporations.

     (a) In reviewing an application of a conversion involving a hospital in which the transacting

parties are limited to not-for-profit corporations, except as provided in § 23-17.14-12.1, the

department of attorney general and department of health shall adhere to the following process:

     (1) Within thirty (30) days after receipt of an initial application, the department of attorney

general and department of health shall jointly advise the applicant, in writing, whether the

application is complete, and, if not, shall specify all additional information the applicant is required

to provide;

     (2) The applicant will submit the additional information within thirty (30) working days.

If the additional information is submitted within the thirty-day (30) period, the department of

attorney general and department of health will have ten (10) working days within which to

determine acceptability of the additional information. If the additional information is not submitted

by the applicant within the thirty-day (30) period or if either agency determines the additional

information submitted by the applicant is insufficient, the application will be rejected without

prejudice to the applicant's right to resubmit, the rejection to be accompanied by a detailed written

explanation of the reasons for rejection. If the department of attorney general and department of

health determine the additional information to be as requested, the applicant will be notified, in

writing, of the date of acceptance of the application;

     (3) Within thirty (30) working days after acceptance of the initial application, the

department of attorney general shall render its determination on confidentiality pursuant to § 23-

17.14-32 and the department of attorney general and department of health shall publish notice of

the application in a newspaper of general circulation in the state and shall notify by United States

mail any person who has requested notice of the filing of the application. The notice shall:

     (i) State that an initial application has been received and accepted for review;

     (ii) State the names of the transacting parties;

     (iii) State the date by which a person may submit written comments to the department of

attorney general or department of health; and

     (iv) Provide notice of the date, time, and place of informational meeting open to the public

which shall be conducted within sixty (60) days of the date of the notice;

     (4) The department of attorney general and department of health shall each approve,

approve with conditions directly related to the proposed conversion, or disapprove the application

within one hundred twenty (120) one hundred eighty (180) days of the date of acceptance of the

application.

     (b) In reviewing an application of a conversion involving a hospital in which the transacting

parties are limited to not-for-profit corporations, the department of attorney general may consider

the following criteria:

     (1) Whether the proposed conversion will harm the public's interest in trust property given,

devised, or bequeathed to the existing hospital for charitable, educational, or religious purposes

located or administered in this state;

     (2) Whether a trustee or trustees of any charitable trust located or administered in this state

will be deemed to have exercised reasonable care, diligence, and prudence in performing as a

fiduciary in connection with the proposed conversion;

     (3) Whether the board established appropriate criteria in deciding to pursue a conversion

in relation to carrying out its mission and purposes;

     (4) Whether the board formulated and issued appropriate requests for proposals in pursuing

a conversion, including considered the proposed conversion as the only alternative or as the best

alternative in carrying out its mission and purposes;

     (5) Whether any conflict of interest exists concerning the proposed conversion relative to

members of the board, officers, directors, senior management, experts, or consultants engaged in

connection with the proposed conversion including, but not limited to, attorneys, accountants,

investment bankers, actuaries, healthcare experts, or industry analysts;

     (6) Whether individuals described in subsection (b)(5) of this section were provided with

contracts or consulting agreements or arrangements that included pecuniary rewards based in

whole, or in part on the contingency of the completion of the conversion;

     (7) Whether the board exercised due care in engaging consultants with the appropriate level

of independence, education, and experience in similar conversions;

     (8) Whether the board exercised due care in accepting assumptions and conclusions

provided by consultants engaged to assist in the proposed conversion;

     (9) Whether officers, directors, board members, or senior management will receive future

contracts in existing, new, or affiliated hospital or foundations;

     (10) Whether any members of the board will retain any authority in the new hospital;

     (11) Whether the board accepted fair consideration and value for any management

contracts made part of the proposed conversion;

     (12) Whether individual officers, directors, board members, or senior management

engaged legal counsel to consider their individual rights or duties in acting in their capacity as a

fiduciary in connection with the proposed conversion;

     (13) Whether the proposed conversion results in an abandonment of the original purposes

of the existing hospital or whether a resulting entity will depart from the traditional purposes and

mission of the existing hospital such that a cy pres proceeding would be necessary;

     (14) Whether the proposed conversion contemplates the appropriate and reasonable fair

market value;

     (15) Whether the proposed conversion was based upon appropriate valuation methods

including, but not limited to, market approach, third-party report, or fairness opinion;

     (16) Whether the conversion is proper under the Rhode Island Nonprofit Corporation Act;

     (17) Whether the conversion is proper under applicable state tax code provisions;

     (18) Whether the proposed conversion jeopardizes the tax status of the existing hospital;

     (19) Whether the individuals who represented the existing hospital in negotiations avoided

conflicts of interest;

     (20) Whether officers, board members, directors, or senior management deliberately acted

or failed to act in a manner that impacted negatively on the value or purchase price;

     (21) Whether the transacting parties are in compliance with the Charitable Trust Act,

chapter 9 of title 18; and

     (22) Whether the proposed conversion is proper under chapter 36 of title 6 ("Rhode Island

Antitrust Act");

     (23) Whether the board established appropriate criteria for staffing levels post conversion,

including any reduction in staffing, relocation of staffing, or additional staffing affecting the new

hospital(s) and the existing hospital(s);

     (24) Whether the board exercised due care concerning staffing levels post conversion to

comply with federal employment and labor laws, including the National Labor Relations Act

(NLRA), 29 U.S.C. §§ 151-169, Age Discrimination in Employment Act of 1967, Public Law Pub.

L. No. 90-202, 29 U.S.C. §§ 621-634, and the Civil Rights Act of 1964, Public Law Pub. L. No.

88-352 (78 Stat. 241), 42 U.S.C. § 2000d et seq., (Title VI);

     (25) Whether the board exercised due care concerning staffing levels post conversion to

comply with state employment and labor laws, including chapter 5 of title 28 ("fair employment

practices");

     (26) Whether the board exercised due care in funding employee and retirement plans and

pensions, including developing plans to fund unfunded liabilities for retirement plans and pensions

for all employees, full-time or part-time;

     (27) Whether the retirement and pensions plans are in compliance with the Employee

Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq.; and

     (28) Whether the board established appropriate criteria for any impact analysis for the

affected communities both before conversion and after proposed conversion, including benefits to

the community, economic impact, and staffing.


 

 

 

652)

Section

Repealed Chapter Numbers:

 

23-17.14-12

401 and 441

 

 

23-17.14-12. [Repealed].


 

 

 

653)

Section

Amended Chapter Numbers:

 

23-17.14-12.1

401 and 441

 

 

23-17.14-12.1. Expedited review for unaffiliated community hospitals or not-for-

profit hospitals.

     (a) Notwithstanding §§ 23-17.14-6(a) and 23-17.14-10 of this chapter, if a proposed

conversion involves: (1) Two (2) or more hospitals that are not in common control with another

hospital; or (2) One hospital not under common control with another hospital and a hospital system

parent corporation; or (3) Two (2) affiliated hospitals the conversion of which was previously

approved in accordance with this chapter and another hospital or hospital system parent

corporation, or (4) One or more hospital(s) that are determined to be distressed as under subsection

(a)(2) of this section, including hospitals that are part of a not-for-profit hospital system parent

corporation, as acquiree, such conversion will be reviewed under an expedited review process

conducted solely by the department of health (without derogation of the authority of the attorney

general in accordance with § 23-17.14-21), only if the acquiree and acquiror are both nonprofit

corporations exempt from taxation under section 501(a) of the United States Internal Revenue

Service Code as organizations described in section 501(c)(3) of such code, or any successor

provisions, and:

     (1) The acquiree and acquiror are both nonprofit corporations that have directly or

indirectly continuously operated at least one licensed hospital either in Rhode Island or in another

jurisdiction either on its own or it is part of a healthcare system that has operated for at least the

preceding three (3) years; and

     (2) The combined hospitals of the acquiree and acquiror are licensed for not more than

twenty percent (20%) of licensed hospitals in Rhode Island according to the department of health;

and

     (2)(3) The acquiree operates one or more distressed Rhode Island hospitals facing

significant financial hardship that may impair its or their ability to continue to operate effectively

without the proposed conversion and have been determined to be distressed by the director of health

based upon whether the hospital(s) meets one or more of the following criteria:

     (i) Operating loss for the two (2) most recently completed fiscal years;

     (ii) Less than fifty (50) days cash-on-hand;

     (iii) Current asset to liability ratio of less than one point five (1.5);

     (iv) Long-term debt to capitalization greater than seventy-five percent (75%);

     (v) Inpatient occupancy rate of less than fifty percent (50%);

     (vi) Would be classified as below investment grade by a major rating agency.

     (b) The transacting parties shall file an initial application pursuant to this section that shall

include the following information with respect to each transacting party and the proposed

conversion:

     (1) A detailed summary of the proposed conversion;

     (2) Charter, articles of incorporation, or certificate of incorporation for the transacting

parties and their affiliated hospitals, including amendments thereto;

     (3) Bylaws and organizational charts for the transacting parties and their affiliated

hospitals;

     (4) Organizational structure for the transacting parties and each partner, affiliate, parent,

subsidiary, or related legal entity in which either transacting party has a twenty percent (20%) or

greater ownership interest or control;

     (5) All documents, reports, meeting minutes, and presentations relevant to the transacting

parties' board of directors' decision to propose the conversion;

     (6) Conflict of interest policies and procedures;

     (7) Copies of audited income statements, balance sheets, and other financial statements for

the past three (3) years for the transacting parties and their affiliated hospitals where appropriate

and to the extent they have been made public, audited interim financial statements and income

statements together with detailed descriptions of the financing structure of the proposed conversion

including equity contribution, debt restructuring, stock issuance, and partnership interests;

     (8) Copies of reports analyzing the proposed conversion during the past three (3) years

including, but not limited to, reports by appraisers, accountants, investment bankers, actuaries and

other experts;

     (9) Copies of current conflict of interest forms from all incumbent or recently incumbent

officers, members of the board of directors or trustees and senior managers of the transacting

parties; "incumbent or recently incumbent" means those individuals holding the position at the time

the application is submitted and any individual who held a similar position within one year prior to

the application's acceptance;

     (10) Copies of all documents related to: (i) Identification of all current charitable assets;

(ii) Accounting of all charitable assets for the past three (3) years; and (iii) Distribution of charitable

assets for the past three (3) years including, but not limited to, endowments, restricted, unrestricted,

and specific purpose funds as each relates to the proposed conversion;

     (11) A description of the plan as to how the affiliated hospitals will provide consolidated

healthcare services during the first three (3) years following the conversion;

     (12) Copies of plans for all hospital departments and services that will be eliminated or

significantly reduced during the first three (3) years following the conversion; and

     (13) Copies of plans relative to staffing levels for all categories of employees during the

first three (3) years following the conversion.

     (c) In reviewing an application under an expedited review process, the department shall

consider the criteria in § 23-17.14-11.

     (d) Within twenty (20) working days of receipt by the department of an application

satisfying the requirements of subsection (b) above, the department will notify and afford the public

an opportunity to comment on the application.

     (e) The decision of the department shall be rendered within ninety (90) days of acceptance

of the application under this section.

     (f) Costs payable by the transacting parties under § 23-17.14-13 in connection with an

expedited review by the department under this section shall not exceed twenty-five thousand dollars

($25,000) per one hundred million dollars ($100,000,000) of total net patient service revenue of

the acquiree and acquiror in the most recent fiscal year for which audited financial statements are

available.

     (g) Following a conversion, the new hospital shall provide on or before March 1 of each

calendar year a report in a form acceptable to the director and attorney general containing all

updated financial information required to be disclosed pursuant to subsection (b)(7) of this section.

     (h) If an expedited review is performed by the department pursuant to this section, the

department of attorney general shall perform a review of the proposed transaction pursuant to § 23-

17.14-10(b) and the criteria for conversions limited to not-for-profits. The attorney general's review

shall be done concurrently with the department of health review and shall not extend the length of

the review process. For this review, the department of attorney general shall be entitled to costs in

accordance with § 23-17.14-13 and subsection (f) of this section.


 

 

 

654)

Section

Amended Chapter Numbers:

 

23-17.14-31

401 and 441

 

 

23-17.14-31. Powers of the department of health.

     The department may adopt rules, including measurable standards, as may be necessary to

accomplish the purpose of this chapter. In doing so, the department shall review other departmental

regulations that may have duplicative requirements, including change of effective control

regulations and processes, determination of need requirements and application requirements under

§ 23-17.14-18, if applicable, and may streamline the process by eliminating duplicative

requirements and providing for concurrent regulatory review and combined hearings to the

maximum extent possible to promote efficiency and avoid duplication of effort and resources. If

such duplicative requirements, including change of effective control regulations and processes,

determination of need requirements and application requirements under §23-17.14-18, and any

other are utilized to streamline the process, then the department of health shall include the findings

and decisions of those duplicative requirements within the written decision of this chapter.


 

 

 

655)

Section

Amended Chapter Numbers:

 

23-18.13-2

293 and 294

 

 

23-18.13-2. Findings.

     The general assembly has found and declares that:

     (1) The management of solid waste can pose a wide range of hazards to public health and

safety and to the environment;

     (2) Packaging comprises a significant percentage of the overall solid waste stream;

     (3) The presence of heavy metals and both perfluoroalkyl and polyfluoroalkyl substances

(PFAS) in packaging is a part of the total concern in light of their likely presence in emissions or

ash when packaging is incinerated, or in leachate when packaging is landfilled;

     (4) Lead, mercury, cadmium, and hexavalent chromium, and PFAS, on the basis of

available scientific and medical evidence, are of particular concern;

     (5) It is desirable as a first step in reducing the toxicity of packaging waste to eliminate the

addition of these heavy metals and PFAS to packaging; and

     (6) The intent of this chapter is to achieve this reduction in toxicity without impeding or

discouraging the expanded use of post-consumer materials in the production of packaging and its

components.


 

 

 

656)

Section

Amended Chapter Numbers:

 

23-18.13-3

293 and 294

 

 

23-18.13-3. Definitions.

     (a)(1) "Department" means the department of environmental management.

     (b)(2) "Distribution" means the practice of taking title to a package(s) or packaging

component(s) for promotional purposes or resale. Persons involved solely in delivering a

package(s) or packaging component(s) on behalf of third parties are not considered distributors.

     (c)(3) "Distributor" means any person, firm, or corporation who or that takes title to goods

purchased for resale.

     (d)(4) "Food packaging" means any package or packaging component that is applied to or

in direct contact with any food or beverage.

     (d)(e)(5) "Incidental presence" means the presence of a regulated metal as an unintended

or undesired ingredient of a package or packaging component.

     (e)(f)(1)(7)(i) "Intentional introduction of regulated materials" means the act of

deliberately utilizing a regulated metal in the formation of a package or packaging component

where its continued presence is desired in the final package or packaging component to provide a

specific characteristic, appearance, or quality.

     (2)(ii) The use of a regulated metal as a processing agent or intermediate to impart certain

chemical or physical changes during manufacturing, whereupon the incidental retention of a residue

of a regulated metal in the final package or packaging component is neither desired nor deliberate,

is not considered intentional introduction for the purposes of this act chapter where the final

package or packaging component is in compliance with § 23-18.13-4(c) of this chapter.

     (3)(iii) The use of post-consumer recycled materials as feedstock for the manufacture of

new packaging materials where some portion of the recycled materials may contain amounts of the

regulated metals is not considered intentional introduction for the purposes of this chapter where

the new package or packaging component is in compliance with § 23-18.13-4(c).

     (g)(1)(6)(i) "Intentional introduction of PFAS" means deliberately utilizing PFAS in the

formulation of a package or packaging component where its continued presence is desired in the

final package or packaging component to provide a specific characteristic, appearance, or quality.

     (2)(ii) The use of a regulated chemical as a processing agent, mold release agent or

intermediate is considered intentional introduction for the purposes of this chapter where the

regulated chemical is detected in the final package or packaging component.

     (3)(iii) The use of post-consumer recycled materials as feedstock for the manufacture of

new packaging materials, where some portion of the post-consumer package or packaging

component may contain amounts of the regulated chemicals but is neither desired nor deliberate, is

not considered intentional introduction for the purposes of this chapter where said final package or

packaging component is in compliance with § 23-18.13-4(d). (The provisions of § 23-18.13-3(g)(3)

subsection (6)(iii) of this section, shall sunset on July 1, 2027).

     (f)(h)(8) "Manufacturer" means any person, firm, association, partnership, or corporation

who sells, offers for sale, or offers for promotional purposes packages or packaging components

which shall be used by any other person, firm, association, partnership, or corporation to package

a product(s).

     (g)(i)(9) "Manufacturing" means physical or chemical modification of a material(s) to

produce packaging or packaging components.

     (h)(j)(10) "Package" means a container providing a means of marketing, protecting or

handling a product and shall include a unit package, an intermediate package and a shipping

container as defined in ASTM D996. "Package" also means and includes such unsealed receptacles

as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags,

and tubs.

     (i)(k)(11) "Packaging component" means any individual assembled part of a package

including, but not limited to, any interior or exterior blocking, bracing, cushioning,

weatherproofing, exterior strapping, coatings, closures, inks and labels. Tin-plated steel that meets

the American Society for Testing and Materials (ASTM) specification A-623 is considered a single

package component. Electro-galvanized coated steel and hot-dipped coated galvanized steel that

meets the ASTM specifications A-525 and A-879 shall be treated in the same manner as tin-plated

steel.

     (l)(12) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means all members of

the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

     (m)(13) "Post-consumer recycled material" means a material generated by households or

by commercial, industrial and institutional facilities in their role as end-users of the product that

can no longer be used for its intended purpose, including returns of material from the distribution

chain. Refuse-derived fuel or other material that is destroyed by incineration is not a recycled

material.

     (n)(14) "Substitute material" means a material used to replace lead, cadmium, mercury,

hexavalent chromium, PFAS or other regulated chemical in a package or packaging component.


 

 

 

657)

Section

Added Chapter Numbers:

 

23-18.13-4

293 and 294

 

 

23-18.13-4. Prohibition/Schedule for removal of incidental amounts.

     (a) No package or packaging component shall be offered for sale or for promotional

purposes by its manufacturer or distributor in the state, which includes, in the package itself or in

any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any

lead, cadmium, mercury, or hexavalent chromium which that has been intentionally introduced as

an element during manufacturing or distribution as opposed to the incidental presence of any of

these elements.

     (b) No product shall be offered for sale or for promotional purposes by its manufacturer or

distributor in the state in a package which includes, in the package itself or in any of its packaging

components, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium,

mercury, or hexavalent chromium which that has been intentionally introduced as an element

during manufacturing or distribution as opposed to the incidental presence of any of these elements.

     (c) The sum on the concentration levels of lead, cadmium, mercury, and hexavalent

chromium present in any package or packaging component shall not exceed 100 parts per million

by weight (0.01%).

     (d) Effective January 1, 2024, no food package to which PFAS have been intentionally

introduced during manufacturing or distribution in any amount shall be offered for sale or for

promotional purposes by its manufacturer or distributor in the state.

     (e) No substitute material used to replace a chemical regulated by this chapter in a package

or packaging component may be used in a quantity or manner that creates a hazard as great as or

greater than the hazard created by the chemical regulated by this act. The certificate of compliance

required by § 23-18.13-6 shall require an assurance to this effect.

     (f) Interstate clearinghouse. The department is authorized to participate in the

establishment and implementation of a regional or national, multi-state clearinghouse to assist in

carrying out the requirements of this chapter and to help coordinate reviews of the regulatory

applicability, certificates of compliance, education and outreach activities, and any other related

functions. The clearinghouse may also maintain reports on the effectiveness of the program,

certificates of analysis and compliance for product packaging.


 

 

 

658)

Section

Added Chapter Numbers:

 

23-18.13-13

293 and 294

 

 

23-18.13-13. Sunset.

     The provisions of § 23-18.13-3(g)(3) shall sunset on July 1, 2027.


 

 

 

659)

Section

Amended Chapter Numbers:

 

23-19.14-3

144 and 169

 

 

23-19.14-3. Definitions.

     (a)(1) "40 CFR C.F.R." means that section or subsection of the code of federal regulations,

title 40, protection of environment, chapter 1, environmental protection agency. References to the

administrator, appearing therein, shall be interpreted as referring to the director of the department

of environmental management.

     (b)(3) "Bona fide prospective purchaser" means a person who intends to purchase a

contaminated property, who has documented the intent to purchase the property in writing, and

who has offered to pay fair market value for the property in the contaminated state. For purposes

of this chapter, any former owner, former operator, or other person who is otherwise a responsible

party or any person who had more than ten percent (10%) equitable or other legal interest in the

site or any of the operations related to the contamination cannot be considered as a bona fide

prospective purchaser. Once a purchaser has certified their status as a bona fide prospective

purchaser to the department and the department has acknowledged receipt of such certification, a

purchaser may maintain that status for up to one year following purchase of the property, unless it

is subsequently found that the purchaser did not meet the criteria for a bona fide prospective

purchaser as outlined in this section. If the department finds that substantial progress has been made

in investigating conditions of the site and/or meeting the requirements for a remedial decision letter,

such status may be renewed by the department for a specified period of time not to exceed one year

for each renewal.

     (c)(4) "Hazardous materials" means any material or combination or mixture of materials

containing any hazardous substance in an amount and concentration such that when released into

the environment, that material can be shown to present a significant potential to cause an acute or

chronic adverse effect on human health or the environment. Hazardous material shall also include

any material that contains a hazardous waste. Hazardous material does not include petroleum for

the purposes of this chapter.

     (d)(5) "Hazardous substances" means any substance designated as hazardous pursuant to

40 CFR C.F.R. 300.5, as is or as amended. Hazardous substance shall not include, for the purposes

of this chapter, asbestos or radioactive materials. Hazardous substances shall include per- and

polyfluoroalkyl substances.

     (e)(6) "Hazardous wastes" means any material defined as hazardous waste pursuant to

chapter 19.1 of this title, and the regulations promulgated under chapter 19.1 of this title.

     (f)(8) "Operator" means the person responsible for the operation of the activities at the site.

     (g)(1)(9)(i) "Owner" means the person who owns the site or part of the site.

     (2)(ii) In the case of a receiver, the superior court supervising the receiver shall have

jurisdiction to determine the nature and extent of the receiver's obligations to comply with the

provisions of this chapter. Any obligation to comply with the provisions of this chapter shall be

binding on a receiver solely in his or her fiduciary capacity.

     (h)(11) "Person" means an individual, trust, firm, joint stock company, corporation

(including a government corporation), partnership, association, the federal government or any

agency or subdivision of the federal government, a state, municipality, commission, political

subdivision of a state, or any interstate body.

     (i)(12) "Petroleum" means any virgin petroleum product including the following products:

     (1)(i) Unused distillate and residual oil, including but not limited to gasoline, aviation fuels,

kerosene, diesel, and heating oils.

     (2)(ii) Unused crankcase oil, lubricants, hydraulic oils, penetrant oils, tramp oils, quench

oils, and other industrial oils.

     (j)(1)(13)(i) "Release" shall be defined by 40 CFR C.F.R. 300.5 for purposes of this

chapter, but shall also exclude any release from a process, activity, or source area allowed under a

permit, license, or approval issued after January 1, 1987, by any regulatory process or legal

authority or any release of hazardous materials solely derived from common household materials

and occurring at the household.

     (2)(ii) For purposes of this chapter, release also includes an actual or potential threat of

release.

     (k)(15) "Remedial or response action" means those actions taken to rectify the effects of a

release of hazardous material, and/or petroleum so that it does not cause a substantial danger to

present or future public health or welfare, or the environment.

     (l)(16) "Remediation" means the act of implementing, operating, and maintaining, a

remedy, remedial action, or response action.

     (m)(17) "Responsible party" has the meaning attributed to it by the provisions of § 23-

19.14-6 or 23-19.14-6.1.

     (n)(18) "Site" means all contiguous land, structures, and other appurtenances and

improvements on the land contaminated by the use, storage, release, or disposal of hazardous

material including the extent of contamination and all suitable areas in very close proximity to the

contamination where it will be necessary to implement or conduct any required investigation or

remedial action.

     (o)(2) "All appropriate inquiries" means an environmental due diligence process for

assessing a property for presence or potential presence of contamination, in accordance with

requirements established by the department of environmental management that are not inconsistent

with the provisions of 40 CFR C.F.R. part 312 establishing federal standards for all appropriate

inquiries.

     (p)(7) "Letter of Compliance compliance" means a formal, written communication from

the department signifying that the remedial action has been satisfactorily completed and the

objectives of environmental clean-up cleanup, pursuant to § 23-19.14-4 have been met.

     (q)(14) "Remedial Decision Letter decision letter" means a formal, written communication

from the department that approves a site investigation, identifies the preferred remedial alternative

and authorizes the development of a remedial action work plan in order to achieve the objectives

of environmental clean-up cleanup.

     (r)10) "Per- and polyfluoroalkyl substances" means perfluorooctanoic acid (PFOA),

perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic

acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA).


 

 

 

660)

Section

Added Chapter Numbers:

 

23-19-18

176 and 177

 

 

CHAPTER 19.18

PLASTIC WASTE REDUCTION ACT


 

 

 

661)

Section

Added Chapter Numbers:

 

23-19.18-1

176 and 177

 

 

23-19.18-1. Plastic waste reduction act. - Findings.

     (1) Plastic pollution is dangerous to the health of our oceans and ocean species, contributes

to climate change, and is a major component of unsightly litter both on our lands and in our waters;

     (2) Plastics that enter the marine environment break down through wave action and sunlight

into smaller pieces called microplastics, which can be ingested by marine life, putting Rhode

Island's fishing industries and aquatic ecosystems at risks;

     (3) Plastic bags and thin plastic films are the predominant contaminant of recycling loads

in Rhode Island;

     (4) Single-use plastic bags have severe environmental impacts on a local and global scale,

including pollution of our waters, harm to marine and wildlife, greenhouse gas emissions, blocking

storm drains, and creating litter;

     (5) It is in the best interests of the health, safety, and welfare of citizens of and visitors to

Rhode Island to protect our environment and our natural resources by reducing the distribution of

single-use plastic checkout bags and incentivizing the use of reusable bags.


 

 

 

662)

Section

Added Chapter Numbers:

 

23-19.18-2

176 and 177

 

 

23-19.18-2. Definitions.

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

     (1) "Department" means the department of environmental management.

     (2) "Recyclable cardboard box" means a box made of non-waxed cardboard or paper

products.

     (3) "Recyclable paper bag" means a paper bag that is one hundred percent (100%)

recyclable including the handles, contains at least forty percent (40%) post-consumer paper content,

and displays the words "Recyclable" and the percentage of post-consumer paper content in a visible

manner on the outside of the bag. The term "recyclable paper bag" does not include paper carryout

bags at restaurants.

     (4) "Retail sales establishment" means any licensed enterprise where the sale or transfer to

a customer of goods in exchange for payment occurs in a retail store, flea market, restaurant, or

other food service establishment. Retail sales establishments do not include farmers' markets,

bazaars or festivals operated by nonprofit or religious institutions, yard sales, tag sales, or other

sales by residents at their homes.

     (5) "Reusable bag" means a bag with handles which that are stitched and is specifically

designed and manufactured for one hundred twenty-five (125) or more reuses, and is made

primarily of washable cloth, other durable woven or nonwoven fabric, polyester, polypropylene, or

other durable plastic with a minimum thickness of four (4.0) mils.

     (6) "Single-use plastic checkout bag" means a carryout bag that is provided to the customer

at the point of sale for the purpose of transporting groceries or other retail goods, and is made from

compostable or non-compostable plastic and not specifically designed and manufactured for

multiple re-use.

     The term "single-use plastic checkout bag" does not include the following types of bag:

     (i) Bags used by customers inside a business to package loose items, such as fruits,

vegetables, nuts, ground coffee, grains, candies, or small hardware items;

     (ii) Bags used to contain or wrap frozen foods, meat or fish, flowers or potted plants, or

other items to contain dampness or prevent contamination of other goods;

     (iii) Bags used to contain unwrapped prepared foods or bakery goods;

     (iv) Newspaper bags for home newspaper delivery;

     (v) Door-hanger bags;

     (vi) Laundry, dry cleaning, or garment bags, including bags provided by hotels to guests to

contain wet or dirty clothing;

     (vii) Bags sold in packages containing multiple bags intended for household or commercial

use to contain foods and for garbage, pet waste, or yard waste;

     (viii) Bags used to contain live animals, such as fish or insects sold in pet stores; and

     (ix) Bags provided to transport partially-consumed bottles of wine.


 

 

663)

Section

Added Chapter Numbers:

 

23-19.18-3

176 and 177

 

 

23-19.18-3. Prohibition on single-use plastic bag distribution.

     (a) Retail sales establishments are prohibited from making available any bag that is not a

reusable bag or recyclable paper bag, as defined by this chapter. Recyclable cardboard boxes, as

defined in this chapter, may also be made available. This prohibition precludes providing any

single-use plastic checkout bag or any paper checkout bag that is not a recyclable paper bag or a

paper carryout bag at restaurants.

     (b) Retail sales establishments and other entities that make deliveries of goods from retail

sales establishments to customers are prohibited from delivering goods to customers in single-use

plastic checkout bags and may deliver goods in recyclable paper bags, reusable bags, or recyclable

cardboard boxes as defined by this chapter.

     (c) To further promote the use of reusable shopping bags and reduce the quantity of single-

use carryout bags entering the waste stream, retailers are authorized and encouraged to make

reusable carryout bags available to the public, assisting financially impacted households to the

greatest degree possible.


 

 

 

664)

Section

Added Chapter Numbers:

 

23-19.18-4

176 and 177

 

 

23-19.18-4. Enforcement and penalty.

     (a) Responsibility and jurisdiction for enforcement shall be with municipalities and the

department.

     (b) Violations of any section of this chapter shall subject a retail sales establishment to

penalties as set forth in this chapter.

     (c) Penalties for violation of this chapter shall be as follows:

     (1) One hundred dollars ($100) for the first violation in a calendar year;

     (2) Two hundred dollars ($200) for the second violation in a calendar year; and

     (3) Five hundred dollars ($500) for the third and any subsequent violation in a calendar

year.

     (d) All penalties collected by municipalities pursuant to this section shall be retained by

the municipality.


 

 

 

665)

Section

Added Chapter Numbers:

 

23-19.18-5

176 and 177

 

 

23-19.18-5. Uniformity.

     (a) This chapter is a matter of statewide interest and concern and is applicable uniformly

throughout the state. Accordingly, this chapter occupies the whole field of regulation of reusable

bags, single-use bags, and recyclable paper bags, as defined in this chapter, provided by a retail

sales establishment, as defined in § 23-19.18-2, and shall supersede any and all state and local laws,

regulations, and ordinances in this field.


 

 

 

666)

Section

Added Chapter Numbers:

 

23-19.18-6

176 and 177

 

 

23-19.18-6. Rules and regulations.

     The director is hereby authorized to promulgate rules and regulations necessary to carry

out the provisions of this chapter.


 

 

 

667)

Section

Amended Chapter Numbers:

 

23-25-4

149 and 150

 

 

23-25-4. Definitions.

     As used in this chapter:

     (1) "Active ingredient" means any ingredient which that will prevent, destroy, repel,

control, or mitigate pests, or which that will act as a plant regulator, defoliant, or desiccant.

     (2) "Adulterated" applies to any pesticide if its strength or purity falls below the professed

standards of quality as expressed on its labeling under which it is sold, or if any substance has been

substituted wholly or in part for the pesticide, or if any valuable constituent of the pesticide has

been wholly or in part abstracted.

     (3) "Agricultural commodity" means any plant, or part of plant, or animal, or animal

product, produced by a person (including farmers, ranchers, vineyardists, plant propagators,

Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other comparable

persons) primarily for sale, consumption, propagation, or other use by humans or animals.

     (4) "Animal" means all vertebrate and invertebrate species, including, but not limited to,

man humans and other mammals, birds, fish, and shellfish.

     (5) "Beneficial insects" means those insects which that, during their life cycle, are effective

pollinators of plants, are parasites or predators of pests, or are otherwise beneficial.

     (6) "Board" means the pesticide advisory board as provided for under § 23-25.2-3.

     (7) "Defoliant" means any substance or mixture of substances intended for causing the

leaves or foliage to drop from a plant with or without causing abscission.

     (8) "Desiccant" means any substance or mixture of substances intended for artificially

accelerating the drying of plant tissue.

     (9) "Device" means any instrument or contrivance (other than a firearm) which that is

intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or

animal life (other than humans and other than bacteria, virus, or other micro-organism on or in

living humans or other living animals) but not including equipment used for the application of

pesticides when sold separately from it.

     (10) "Director" means the director of environmental management.

     (11) "Distribute" means to offer for sale, hold for sale, sell, barter, ship, deliver for

shipment, or receive and (having so received) deliver or offer to deliver pesticides in this state.

     (12) "Environment" includes water, air, land, and all plants and humans and other living

animals in it, and the interrelationships which that exist among these.

     (13) "EPA" means the United States Environmental Protection Agency.

     (14) "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §

136 et seq., and other legislation supplementary to it and amendatory of it.

     (15) "Fungi" means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-

bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews,

molds, yeasts, and bacteria, except those in or on living humans or other living animals, and except

those in or on processed food, beverages, or pharmaceuticals.

     (16) "Highly toxic pesticide" means any pesticide determined to be a highly toxic pesticide

under the authority of § 25(c)(2) of FIFRA, 7 U.S.C. § 136w(c)(2), or by the director under § 23-

25-9(a)(2).

     (17) "Imminent hazard" means a situation which that exists when the continued use of a

pesticide during the time required for cancellation proceedings pursuant to § 23-25-8 would likely

result in unreasonable adverse effects on the environment or will involve unreasonable hazard to

the survival of a species declared endangered by the secretary of the interior under 16 U.S.C. §

1531 et seq.

     (18) "Inert ingredient" means an ingredient which that is not an active ingredient.

     (19) "Ingredient statement" means:

     (i) A Statement statement of the name and percentage of each active ingredient together

with the total percentage of the inert ingredients in the pesticide; and

     (ii) When the pesticide contains arsenic in any form, the ingredient statement shall also

include percentages of total and water soluble arsenic, each calculated as elemental arsenic.

     (20) "Insect" means any of the numerous small invertebrate animals generally having the

body more or less obviously segmented, for the most part belonging to the class insecta, comprising

six (6) legged, usually winged forms, as for example, moths, beetles, bugs, bees, flies, and their

immature stages, and to other allied classes of anthropods whose members are wingless and usually

have more than six (6) legs, as for example, spiders, mites, ticks, centipedes, and wood lice.

     (21) "Integrated Pest Management (IPM)" refers to a method of pest control that uses a

systems approach to reduce pest damage to tolerable levels through a variety of techniques,

including natural predators and parasites, genetically resistant hosts, environmental modifications

and, when necessary and appropriate, chemical pesticides. IPM strategies rely upon nonchemical

defenses first and chemical pesticides second.

     (22) "Label" means the written, printed, or graphic matter on, or attached to, the pesticide

or device or any of its containers or wrappers.

     (23) "Labeling" means the label and all other written, printed, or graphic matter:

     (i) Accompanying the pesticide or device at any time; or

     (ii) To which reference is made on the label or in literature accompanying the pesticide or

device, except to current official publications of EPA, the United States Departments of Agriculture

and Interior, and the department of health and human services; state experiment stations; state

agricultural colleges; and other federal or state institutions or agencies authorized by law to conduct

research in the field of pesticides.

     (24) "Land" means all land and water areas, including airspace, all plants, animals,

structures, buildings, contrivances, and machinery appurtenant to it or situated on it, fixed or

mobile, including any used for transportation.

     (25) "Nematode" means invertebrate animals of the phylum Nemathelminthes and class

Nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered

with cuticle, and inhabiting soil, water, plants, or plant parts; may also be called nemas or eelworms.

     (26) "Neonicotinoids" means any of a class of systemic water soluble insecticides related

to nicotine that affect the central nervous system of insects by selectively binding to the

postsynaptic nicotinic receptors of insects thereby causing paralysis and death. Neonicotinoids

include, but are not limited to:

     (i) Imidacloprid;

     (ii) Acetamiprid;

     (iii) Clothianidin;

     (iv) Nitenpyram;

     (v) Nithiazine;

     (vi) Thiacloprid;

     (vii) Thiamethoxam; and

     (viii) Dinotefuran.

     (26)(27)(32) "Plant regulator" means any substance or mixture of substances intended,

through physiological action, for accelerating or retarding the rate of growth or rate of maturation,

or for altering the behavior of plants or the produce of these but shall not include substances to the

extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant

inoculants, and soil amendments. Also, the term "plant regulator" is not required to include any of

those nutrient mixtures or soil amendments as are commonly known as vitamin-hormone

horticultural products, intended for improvement, maintenance, survival, health, and propagation

of plants, are not for pest destruction and are nontoxic and nonpoisonous in the undiluted packaged

concentration.

     (27)(28)(27) "Permit" means a written certificate, issued by the director, authorizing the

purchase, possession, and/or use of certain pesticides or pesticide uses defined in subdivisions

(34)(36) and (35)(37) of this section.

     (28)(29)(28) "Person" means any individual, partnership, association, fiduciary,

corporation, governmental entity, or any organized group of persons whether incorporated or not.

     (29)(30)(29) "Pest" means:

     (i) Any insect, rodent, nematode, fungus, or weed; and

     (ii) Any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other

micro-organism (except viruses, bacteria, or other micro-organisms on or in living humans or other

living animals) which the director declares to be a pest under § 23-25-9(a)(1).

     (30)(31)(30) "Pesticide" means:

     (i) Any substance or mixture of substances intended for preventing, destroying, repelling,

or mitigating any pest; and

     (ii) Any substance or mixture of substances intended for use as a plant regulator, defoliant,

or desiccant.

     (31)(32)(31) "Pesticide dealer" means any person who distributes within the state any

pesticide product classified for restricted use by EPA or limited use by the director.

     (32)(33)(i) "Private applicator" means any person who uses or supervises the use of any

pesticide for purposes of producing any agricultural commodity on land owned or rented by him or

her or his or her employer or (if applied without compensation other than trading of personal

services between producers of agricultural commodities) on land of another person.

     (ii) "Certified private applicator" means any private applicator who is certified under § 23-

25-14 as authorized to purchase, acquire, apply, or supervise the application of any pesticide

classified for restricted use by EPA or limited use by the director.

     (iii) "Commercial applicator" means any person (whether or not that person is a private

applicator with respect to some uses), including employees of any federal, state, county or

municipal agency, department, office, division, section, bureau, board, or commission, who applies

or supervises the application of any pesticide for any purpose or on any property other than as

provided by the definition of "private applicator".

     (iv) "Certified commercial applicator" means any commercial applicator who is certified

under § 23-25-13 as authorized to purchase, acquire, apply, or supervise the application of a

pesticide classified for restricted use by EPA or limited use by the director.

     (v) "Licensed commercial applicator" means any commercial applicator who is licensed

under § 23-25-12 as authorized to use or supervise the use of any pesticide not classified for

restricted use by EPA or limited use by the director on land not owned or rented by him or her.

     (33)(34) "Protect health and the environment" means protection against any unreasonable

adverse effects on the environment.

     (34)(35) "Registrant" means a person who has registered any pesticide pursuant to the

provisions of this chapter.

     (35)(36) "Restricted use pesticide" means a pesticide or pesticide use that is classified for

restricted use by the administrator of EPA, or under § 23-25-6(h).

     (36)(37) "State limited use pesticide" means any pesticide or pesticide use which that,

when used as directed or in accordance with a widespread and commonly recognized practice, the

director determines, subsequent to a hearing, requires additional restrictions to prevent

unreasonable adverse effects on the environment including humans, land, beneficial insects,

animals, crops, and wildlife, other than pests.

     (37)(38) "Under the direct supervision" means that on-site supervision of any pesticide

application by an appropriately certified or licensed applicator who is responsible for the

application and is capable of dealing with emergency situations which might occur.

     (38)(39) "Unreasonable adverse effects on the environment" means any unreasonable risk

to humans or the environment, taking into account the economic, social, and environmental costs

and benefits of the use of any pesticide.

     (39)(40) "Weed" means any plant which that grows where not wanted.

     (40)(41) "Wildlife" means all living things that are neither human nor, as defined in this

chapter, pests, including but not limited to mammals, birds, and aquatic life.


 

 

668)

Section

Added Chapter Numbers:

 

23-25-40

149 and 150

 

 

  23-25-40. Neonicotinoids restricted.

     (a) All pesticides registered in the state that contain one or more neonicotinoids and are

labelled labeled as approved for outdoor use are hereby immediately classified as state limited use

pesticide. Such pesticides shall not be:

     (1) Sold or distributed to any person other than a certified applicator;

     (2) Used or applied by any person other than a certified applicator or any person working

under the direct supervision of a certified applicator;

     (3) Applied, except in the course of academic research, to any linden or basswood tree; or

     (4) Applied, except in the course of academic research, to any plant when such plant bears

blossoms.

     (b) This section does not apply to:

     (1) Pet or veterinary care products used for preventing, destroying, repelling, or mitigating

fleas, mites, ticks, heartworms, or other insects or organisms when applied to or administered to

companion animals, livestock, or captive wild animals, regardless of whether the application or

administration occurs indoors or outdoors;

     (2) Personal care products used for preventing, destroying, repelling, or mitigating lice or

bedbugs;

     (3) Indoor pest control products used for preventing, destroying, repelling, or mitigating

insects indoors and registered in this state only for indoor use;

     (4) Products used for controlling wood-destroying pests in and around homes and other

human-made structures, in accordance with the label; or

     (5) An article or substance treated with, or containing, a neonicotinoid to protect the article

or substance itself (for example, seeds treated with a neonicotinoid to protect the seeds or wood

products treated to protect the wood against insect infestation), if the neonicotinoid is registered for

such use.

     (c) Nothing in this section shall prohibit the director from further restricting or regulating

neonicotinoids pursuant to § 23-25-9.


 

 

 

669)

Section

Added Chapter Numbers:

 

23-25.6

402 and 403

 

 

CHAPTER 25.6

PHARMACEUTICAL REDISTRIBUTION PROGRAM ACT


 

 

670)

Section

Added Chapter Numbers:

 

23-25.6-1

402 and 403

 

 

23-25.6-1. Short title.

     This act shall be known and may be cited as the "Pharmaceutical Redistribution Program

Act."


 

 

 

671)

Section

Added Chapter Numbers:

 

23-25.6-2

402 and 403

 

 

23-25.6-2. Definitions.

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

     (1) "Cancer drug" means a prescription drug that is used to treat cancer, the side effects of

cancer, or the side effects from a cancer medication. A cancer drug must be deemed a non-harmful

substance by the Federal Drug Administration (FDA) and shall only be administered by a licensed

professional of the state.

     (2) "Controlled substance" means a drug, substance, immediate precursor, or synthetic drug

in schedules I-V of chapter 28 of title 21 with high risk of dependency and addiction. Controlled

substances include certain depressants, stimulants, narcotics, hallucinogens, and anabolic steroids.

Controlled substances are regulated by the Drug Enforcement Agency under the Controlled

Substances Act. "Controlled substance" does not include distilled spirits, wine, or malt beverages,

as those terms are defined or used in chapter 1 of title 3, nor tobacco.

     (3) "Distributor" means a person defined in § 21-28-1.02.

     (4) "Department" means the Rhode Island department of health.

     (5) "Donor" means any person or institution who or that is authorized to possess

prescription drugs and who is willing to provide them to a redistributor once they are recommended

to be discontinued by a physician. "Donor" includes, but is not limited to, any patient in legal

possession of a prescribed drug, a health care healthcare proxy, and any licensed health care

healthcare facility or health care healthcare provider such as a hospital, pharmacy, or long-term-

care facility, or a state or federal prison.

     (6) "Most in need" means priority provided to a person in need of a drug based on the

person's ability to pay.

     (7) "Non-controlled substance prescription drugs" means any non-controlled substance

drug meant for human use pursuant to a prescription administered by a prescriber.

     (8) "Out-of-state redistributor" means a redistributor that is based outside of this state. An

out-of-state redistributor shall abide by this state's laws in addition to the laws of their its own state.

Out-of-state redistributors must be licensed by the department as distributors in accordance with

the provisions of chapter 28 of title 21.

     (9) "Pharmaceutical redistribution program" means the program established pursuant

to the provisions of this chapter for the redistribution of unused prescription drugs and shall

include any facility that may accept the return of unused non-controlled substance prescription

drugs and orchestrate their redistribution to aid persons of this state who have difficulty

affording or accessing the non-controlled substance drugs. This program shall prevent the

waste of unused non-controlled substance prescription drugs through the preservation and

redistribution to persons or licensed facilities based on their lack of access or ability to pay for

the drugs at full market value.

     (10) "Prescriber" means any person who has occupational licensing by relevant boards to

prescribe a drug. Prescribers include, but are not limited to, doctors, physicians, or any other person

legally permitted by this state.

     (11) "Receiver" means any person or institution who or that receives a donated drug,

including, but not limited to,a wholesaler, a drug manufacturer, a repackager, a returns processor,

a third-party logistics provider, a health care healthcare facility, a pharmacy, a hospital, or a

patient. Donated medications shall be obtained legally, with informed consent of the donor, and

without coercion.

     (12) "Redistributor" means any person or institution partaking in the redistribution of non-

controlled substance prescription drugs pursuant to the provisions of this chapter. The entities a

redistributor may donate drugs to include, but are not limited to, patients, institutions, hospitals,

and health care healthcare providers. Redistributors shall also include out-of-state redistributors

engaged in redistribution pursuant to the provisions of this chapter. Redistributors must be licensed

by the department as distributors in accordance with the provisions of chapter 28 of title 21.

     (13) "Tamper-evident packaging" means a package that has an outer or secondary seal that

must be broken to access the inner package and shall include clear messaging that the package had

previously been opened after its seal date. Tamper-evident packaging includes, but is not limited

to, blister packs and seal manufactured bottles.

     (14) "Temperature-sensitive medication" means prescription medications that are unstable

at room temperature, or approximately 70 ± 15°F. Unstable medications may begin to decompose,

outside of this temperature range, affecting drug potency and thus efficacy. Temperature ranges

tolerable for a medication's storage are determined by the manufacturer. Common examples of

temperature-sensitive medications include drugs that must be refrigerated, such as biologics or

insulin.

     (15) "Transaction date" means the date on which the drug was transferred from the donor

to the pharmaceutical redistribution program or to the redistributor. All available information

surrounding the transaction date shall be logged and recorded, such as the date when the medication

left the donor, and the date when the medication was received by the redistributor.

     (16) "Underinsured" means any person who does not have adequate insurance coverage

and access to basic health care, or any person who spends more than ten percent (10%) of their

household income on out-of-pocket health care healthcare costs or more than five percent (5%) of

their income on their health care healthcare deductible.


 

 

 

672)

Section

Added Chapter Numbers:

 

23-25.6-3

402 and 403

 

 

23-25.6-3. Eligibility criteria.

     (a) Eligibility criteria for the reception of donated drugs shall prioritize individuals who are

most in need, do not have insurance, are underinsured, or are reliant on public health programs.

Redistributors should ensure adequate allocation of donated medications for those in prioritized

populations. Once the need for these drugs amongst these prioritized people is fulfilled, the

redistributor can dispense medication to other populations reporting financial burden. Redistributed

drugs shall not be sold for an amount in excess of the price authorized pursuant to § 23-25.6-5(c).

     (b) Donated drugs may be transferred from in-state redistributors to other in-state

redistributors or out-of-state redistributors, assuming this transaction is legal in the state of origin

and the state of transfer. The donation and redistribution of drugs is not categorized as wholesale

distribution and does not warrant licensing as a wholesaler.


 

 

 

673)

Section

Added Chapter Numbers:

 

23-25.6-4

402 and 403

 

 

23-25.6-4. Voluntary participation and donation conditions.

     (a) All participation in the donation program shall be voluntary. No health professional,

insurer, agency, or entity shall force any person to participate in the pharmaceutical distribution

program.

     (b) The following conditions shall be met for the donation of a prescription drug to occur.:

     (1) All of the donated drugs shall pass inspection by a licensed pharmacist.

     (2) The donated drugs shall be received in an intact, tamper-evident package with a clearly

displayed expiration date with no less than three (3) months until the expiration date.

     (3) The donated drugs shall not be temperature-sensitive medications or a controlled

substance.

     (4) The donated drugs shall be provided to the recipient in accordance with state law. The

drugs shall have been prescribed legally by a licensed health care healthcare professional after

having been properly transferred to and processed by an authorized pharmaceutical redistribution

program or redistributor.

     (5) An authorized and properly licensed health care healthcare pharmacist shall deem the

drug has not been tampered with upon arrival and is properly labeled. If labels have degraded but

drug identity can be verified, new labels may be created. If the drugs have been combined in one

package, the information about all included drugs shall be labeled clearly. If the drugs have been

donated from out-of-state out of state, this donation must abide by all of the laws of both states.

     (6) The donated drugs shall have all prior patient information redacted in compliance with

HIPAA regulations or the pills shall be transferred to a new container.

     (7) If the drugs donated have been combined, the closest expiration date for any drugs shall

be used for the entire package.

     (c) If any one of the conditions contained in subsection (b) of this section is not satisfied,

the donated drugs shall not be distributed pursuant to the provisions of this program and may be

destroyed pursuant to department of health regulations.


 

 

 

674)

Section

Added Chapter Numbers:

 

23-25.6-5

402 and 403

 

 

23-25.6-5. Redistribution of donated medications.

     (a) A redistributor may dispense prescription drugs to eligible persons as long as they abide

by the provisions of this chapter.

     (b) A redistributor may repackage drugs prior to redistribution. Repackaged drugs shall be

labeled thoroughly and labels shall include the drug name, expiration date, and kept separately from

other drugs until brought up for inspection. If multiple drugs are packaged together, the closest

expiration date shall be used pursuant to the requirements contained in § 23-25.6-4(b).

     (c) A redistributor's compensation from an institution will not constitute the resale of drugs.

The distributor shall make a record of that charge and provide it upon request to the supervising

government agency. This sale price shall reflect an incentive to offer the drugs at a price that is

affordable and reasonable for people who do not have the means to pay for such the drugs at market

price. The price incurred by the patient shall not exceed the usual and customary dispensing fee

determined by the this state's Medicaid program.

     (d) Donated drugs that cannot be utilized by the redistributor shall be destroyed through

lawful methods, or transferred to a returns processor. Redistributors shall keep a record of disposed

drugs, the quantity of drug, its name, and strength.

     (e) An authorized redistributor of drugs shall store the drugs legally, separate from other

non-donated drugs, and shall meet the requirements of the United States Pharmacopoeia (USP)

standards. The drugs shall be stored in a way which that does not impair the quality and safety of

the drug. The drug shall be stored legally according to the methods described in this chapter. The

facilities and storage shall be subject to investigation and approval from the department of health

or a third party approved by the department of health. All records required pursuant to the

provisions of this chapter shall be retained in physical or electronic format for a period of two (2)

years. The drugs shall be labeled properly with a serial number or other effective label.

Redistributors shall keep records by either electronic or non-electronic means for the full two (2)

years.


 

 

675)

Section

Added Chapter Numbers:

 

23-25.6-6

402 and 403

 

 

23-25.6-6. Civil and criminal immunity.

     Any person, except a person licensed from the Rhode Island department of health or any

other similar license from another jurisdiction involved in a drug donation, who acts reasonably

and in good faith shall be immune from criminal and civil liability for any persons who are harmed

from the reception of a donated drug. Liability shall be absolved for any act associated, but not

limited to, the transfer of the donated drugs from one party to another, transportation, repackaging,

or dispensing of donated drugs. Any person involved in drug donation who acts reasonably and in

good faith shall be protected from any disciplinary action from their employers. "Good faith", as

used in this section, may be defined as the intent to help people, the adoption of honest and altruistic

intentions, and the preservation of moral and ethical values.


 

 

676)

Section

Added Chapter Numbers:

 

23-25.6-7

402 and 403

 

 

23-25.6-7. Rules and regulations.

     (a) The department shall collaborate with the board of pharmacy to promulgate rules and

regulations necessary to regulate a program consistent with the public health and safety, through

which unused prescription drugs are donated pursuant to this chapter, to become operational on

January 1, 2023.

     (b) The department shall collaborate with the board of pharmacy to promulgate rules and

regulations necessary to regulate the program established pursuant to this chapter, on or before

January 1, 2023.


 

 

 

 

677)

Section

Amended Chapter Numbers:

 

23-27.3-100.1.5.5

358 and 359

 

 

23-27.3-100.1.5.5. Hurricane, storm, and flood standards.

     The state building code standards committee has the authority, in consultation with the

building code commissioner, to adopt, maintain, amend, and repeal code provisions, which shall

be reasonably consistent with recognized and accepted standards and codes, including for existing

buildings, for storm and flood resistance. Such The code provisions shall, to the extent reasonable

and feasible, take into account climatic changes and potential climatic changes and sea level rise

and inundation areas below dams classified by the department of environmental management as

high hazard, significant hazard, or low hazard. Flood velocity zones may incorporate freeboard

calculations adopted by the Coastal Resources Management Council pursuant to its power to

formulate standards under the provisions of § 46-23-6.


 

 

678)

Section

Amended Chapter Numbers:

 

23-27.3-107.1.1

105 and 106

 

 

23-27.3-107.1.1. State and local inspector -- Qualifications -- Powers and duties.

     (a) The appropriate state or local authority may appoint one or more local full-time or part-

time inspectors to assist the building official in the performance of his or her duties and in the

enforcement of this code.

     (b)(1) Building Inspectors-1 shall have a minimum of three (3) years' experience in general

building residential construction and except for the length of experience required shall possess

similar qualifications of a local building official as required by § 23-27.3-107.5, and shall possess

an International Code Council (ICC) certification as a Residential Building Inspector. However,

ICC certification as a Residential Building Inspector shall not be required in the case of a building

inspector holding a current state certification prior to July 1, 2010. or any combination of education

and experience that the building code standards committee deems to be substantially equivalent.

The Building Inspector-1 shall complete the state certification program within one year of

employment and shall. A Building Inspector-1 is responsible to enforce the provisions of the state

residential code SBC-2.

     Building Inspectors-2 shall have a minimum of three (3) years' experience in general

building both residential and commercial construction; and shall possess ICC certifications as a

Residential Building Inspector and Commercial Building Inspector; and shall possess similar

qualifications of a local building official, as required by § 23-27.3-107.5. However, ICC

certification as a Residential Building Inspector and a Commercial Building Inspector shall not be

required in the case of a building inspector holding a current state certification prior to July 1, 2010.

A Building Inspector-2 is authorized to or any combination of education and experience that the

building code standards committee deems to be substantially equivalent. The Building Inspector-2

shall complete the state certification program within one year of employment and shall enforce the

provisions of both the state building code SBC-1 and the state residential code SBC-2.

     (2) Electrical inspectors shall have a minimum of five (5) years' experience and a Rhode

Island Class A or Class B electrician's license.

     (3) Mechanical inspectors shall have a minimum of five (5) years' experience and a valid

Rhode Island master pipe fitters I or journeyperson contractor's license.

     (4) Plumbing inspectors shall have a minimum of five (5) years' experience and a Rhode

Island master or journeyperson plumber's license.

     (5) Mechanical and plumbing inspectors who have been enforcing either code prior to

January 1, 1986, may continue to do so.

     (c) Inspectors listed in this section shall have the authority to affix their signature to permits

that pertain to the work they inspect.


 

 

 

679)

Section

Amended Chapter Numbers:

 

23-27.3-107.3

105 and 106

 

 

23-27.3-107.3. Appointment of personnel by state building commissioner.

     (a) The state building commissioner may appoint such other personnel as shall be necessary

for the administration of the code. In the absence of a local building official or an alternate, as

detailed in § 23-27.3-107.2, the commissioner shall assume the responsibility of the local building

official and inspectors as required by § 23-27.3-107.4 and shall designate one of the following

agents to enforce the code:

     (1) A member of the commissioner's staff who meets the qualifications of § 23-27.3-107.5

and is certified in accordance with § 23-27.3-107.6.

     (2) An architect or engineer contracted by the commissioner through the department of

business regulation.

     (3) A building official who is selected from a list of previously certified officials or

inspectors.

     (b) The salary and operating expenses for services provided in accordance with subsection

(a)(1), (2), or (3) shall be reimbursed to the state by the city or town receiving the services and shall

be deposited as general revenues. The attorney general shall be informed of any failure of the

appropriate local authority to appoint a local building official to enforce the code in accordance

with §§ 23-27.3-107.1 or § 23-27.3-107.2.


 

 

680)

Section

Amended Chapter Numbers:

 

23-27.3-107.5

105 and 106

 

 

23-27.3-107.5. Local building official -- Qualifications -- Powers and duties.

     The building official, to be eligible for appointment, shall have had at least five (5) years

years’ experience in construction, design, or supervision both residential and commercial

construction, shall have been employed as a Building Inspector-2 for a minimum of one year, and

shall possess an international code council International Code Council (ICC) certification as a

certified building official (CBO) or any combination of education and experience that the building

code standards committee deems to be substantially equivalent. The building official shall be

generally informed on the quality and strength of building materials, on the accepted requirements

of building construction, on good practice in fire prevention, on the accepted requirements

regarding light and ventilation, on the accepted requirements for safe exit facilities, and on other

items of equipment essential for the safety, comfort, and convenience of occupants, and shall be

certified under the provisions of § 23-27.3-107.6, and shall possess an international code council

(ICC) certification as a certified building official (CBO), except that possess a thorough knowledge

of the principles and practices of residential and commercial building construction and the ability

to review plans and supervise staff in the enforcement of the state building code. However, the

qualifications outlined in this section shall not be required in the case of a building official holding

a current state certification prior to July 1, 2010. The building official shall pass upon any question

relative to the mode, manner of construction, or materials to be used in the erection or alteration of

buildings or structures. The building official shall require compliance with the provisions of the

state building code of all rules lawfully adopted and promulgated thereunder, and of laws relating

to construction, alteration, repair, removal, demolition, and integral equipment, and location, use,

occupancy, and maintenance of buildings and structures, except as may be otherwise provided for.

The building official or his or her assistant shall have the right of entry to buildings or structures,

for the proper performance of his or her duties during normal business hours, except that in the case

of an emergency the building official shall have the right of entry at any time, if the entry is

necessary in the interest of public safety.


 

 

 

681)

Section

Amended Chapter Numbers:

 

23-27.3-107.7

105 and 106

 

 

23-27.3-107.7. Recertification and continuing education.

     (a) The committee shall offer a continuing educational program designed to assist all state

and local building officials and inspectors in executing their responsibilities as defined in this

chapter. Regular attendance at these programs shall be required to of all building officials and

inspectors, and no building official or inspector who attends a course of instruction shall lose any

rights relative to compensation or vacation time.

     (b) In order to provide for professional administration of the code and maintain the official's

and inspector's level of competency, the committee shall develop regulations which that will

require the officials and inspectors to attend approved continuing education courses to retain their

state certification. The committee shall develop the program within one year of July 3, 1989. The

committee may make use of model code, regional or national education programs as a basis of the

acceptable courses for credit in this program.

     (c) The financing for this continuing education program will be provided through the

registration fee for buildings required by chapter 64 of title 5.


 

 

 

682)

Section

Amended Chapter Numbers:

 

23-27.3-108.2

280 and 281

 

 

23-27.3-108.2. State building commissioner's duties.

     (a) This code shall be enforced by the state building commissioner as to any structures or

buildings or parts thereof that are owned or are temporarily or permanently under the jurisdiction

of the state or any of its departments, commissions, agencies, or authorities established by an act

of the general assembly, and as to any structures or buildings or parts thereof that are built upon

any land owned by or under the jurisdiction of the state.

     (b) Permit fees for the projects shall be established by the committee. The fees shall be

deposited as general revenues.

     (c)(1) The local cities and towns shall charge each permit applicant an additional .1 (.001)

percent levy of the total construction cost for each permit issued. The levy shall be limited to a

maximum of fifty dollars ($50.00) for each of the permits issued for one-and one- and two-family

(2) dwellings. This additional levy shall be transmitted monthly to the state building office at the

department of business regulation, and shall be used to staff and support the purchase or lease and

operation of a web-accessible service and/or system to be utilized by the state and municipalities

for uniform, statewide electronic plan review, permit management, and inspection system and other

programs described in this chapter. The fee levy shall be deposited as general revenues.

     (2) On or before July 1, 2013, the building commissioner shall develop a standard statewide

process for electronic plan review, permit management, and inspection. The process shall include,

but not be limited to: applications; submission of building plans and plans for developments and

plots; plan review; permitting; inspections; inspection scheduling; project tracking; fee calculation

and collections; and workflow and report management.

     (3) On or before December 1, 2013, the building commissioner, with the assistance of the

office of regulatory reform, shall implement the standard statewide process for electronic plan

review, permit management, and inspection. In addition, the building commissioner shall develop

a technology and implementation plan for a standard web-accessible service or system to be utilized

by the state and municipalities for uniform, statewide electronic plan review, permit management,

and inspection. The plan shall include, but not be limited to: applications; submission of building

plans and plans for developments and plots; plan review; permitting; inspections; inspection

scheduling; project tracking; fee calculation and collections; and workflow and report management.

     (d) The building commissioner shall, upon request by any state contractor described in §

37-2-38.1, review, and when all conditions for certification have been met, certify to the state

controller that the payment conditions contained in § 37-2-38.1 have been met.

     (e) The building commissioner shall coordinate the development and implementation of

this section with the state fire marshal to assist with the implementation of § 23-28.2-6. On or before

January 1, 2022, the building commissioner shall promulgate rules and regulations to implement

the provisions of this section and § 23-27.3-115.6.

     (f) The building commissioner shall submit, in coordination with the state fire marshal, a

report to the governor and general assembly on or before April 1, 2013, and each April 1st

thereafter, providing the status of the web-accessible service and/or system implementation and

any recommendations for process or system improvement. In every report submitted on or after

April, 2024, the building commissioner shall provide the following information:

     (1) The identity of every municipality in full compliance with the provisions § 23-27.3-

115.6 and the rules and regulations promulgated pursuant to the provisions of this section;

     (2) The identity of every municipality failing to fully implement and comply with the

provisions of § 23-27.3-115.6 and/or the rules and regulations promulgated pursuant to the

provisions of this section, and the nature, extent, and basis or reason for the failure or

noncompliance; and

     (3) Recommendations to achieve compliance by all municipalities with the provisions of §

23-27.3-115.6 and the rules and regulations promulgated pursuant to this section.

     (g) The building commissioner shall assist with facilitating the goals and objectives set

forth in § 28-42-84(a)(9).


 

 

 

683)

Section

Amended Chapter Numbers:

 

23-27.3-109.1.3.2

105 and 106

 

 

23-27.3-109.1.3.2. Penalties for violation as to manufactured homes.

     Whoever violates any provision of the federal act, including § 610 (42 U.S.C. § 5409), §§

23-27.3-109.1.3 -- 23-27.3-109.3.4, or any federal or state regulation or final order issued

thereunder shall be liable for a civil penalty not to exceed a thousand dollars ($1,000) in an amount

set forth in the federal act, for each violation. Each violation of a provision of §§ 23-27.3-109.1.3

-- 23-27.3-109.3.4, the federal act, or any regulation or order issued thereunder shall constitute a

separate violation with respect to each manufactured home or with respect to each failure or refusal

to allow or perform an act required thereby, except that the maximum civil penalty may not exceed

one million dollars ($1,000,000) for any related series of violations, occurring within one year from

the date of the first violation. Any individual, or a director, officer, or agent of a corporation who

knowingly and willfully violates §§ 23-27.3-109.1.3 -- 23-27.3-109.3.4 or any section of the federal

act in a manner which that threatens the health or safety of any purchaser shall be fined not more

than one thousand dollars ($1,000) or imprisoned not more than one year, or both.


 

 

 

684)

Section

Amended Chapter Numbers:

 

23-27.3-702

279 and 321

 

 

23-27.3-702. Gender inclusive restroom act.

     (a) Notwithstanding any other provision of the general or public laws to the contrary, any

single-user toilet facility in a public building or place of public accommodation that exists or is

constructed on or after January 1, 2023, shall be made available for use by persons of any gender,

and designated for use by not more than one occupant at a time or for family or assisted use. A

single-user toilet facility may be identified by a sign; provided, that the sign marks the facility as a

restroom and does not indicate one specific gender.

     (b) All new construction of state and municipal buildings opened to the public commenced

after July 1, 2021, and all renovations and replacements of a value in excess of fifty percent (50%)

of existing public state and municipal buildings open to the public commenced after January 1,

2022, shall provide for a single-user toilet facility available for use by persons of any gender.

     (c) A municipality may apply to the local building official state building code standard

standards committee for a waiver of this provision in the case of unreasonable hardship undue

burden.

     (d) During any inspection of a public building or a place of public accommodation by an

inspector, building official, or other local official responsible for code enforcement, the inspector

or official may inspect for compliance with this section.

     (e) The building codes standard standards committee shall adopt and promulgate all rules

and regulations required to carry out the purpose of this section.


 

 

 

685)

Section

Amended Chapter Numbers:

 

23-28.2-11

364 and 365

 

 

23-28.2-11. Investigation of fires and attempted fires.

     (a) The state fire marshal, and/or any of the deputy state fire marshals or assistant state fire

marshals, may investigate any fire, or apparently attempted fire, and shall investigate the cause,

origin, and circumstances of every fire of suspicious origin, by which property has been damaged

or destroyed, or apparently attempted fire, and any fire where a fatality occurs as the result of the

fire and, so far as it is possible, determine the cause of the fire. The investigation shall begin

immediately after the occurrence of the fire, and local government officials shall cooperate

completely and assist the state fire marshal's office in all phases of the investigation.

     (b) It shall be the responsibility of the local authority having jurisdiction to notify the state

fire marshal's office of any fire of suspicious or incendiary origin or where death may have resulted

from the fire. The fire marshal shall adopt notification procedures.

     (c) The state fire marshal, and/or any of the deputy state fire marshals or assistant state fire

marshals, and/or municipal officials, including, without limitation, police, fire, and building

officials, shall prohibit any and all insurance adjusters, contractors, and restoration companies from

engaging entering onto the property where the fire occurred to engage in any solicitation or

inspection or any physical presence on the premises under investigation until twenty-four (24)

hours after of the fire loss without the consent of the owner or occupant of the property and not

until such time as either the municipal fire department and/or the state fire marshal, deputy state

fire marshal, or assistant state fire marshal releases control of the premises back to its legal owner(s)

or occupant(s), unless the insurance adjuster, contractor, or restoration company is accompanied

by, or acting with, permission of the premises' legal owner.

     (d) Any insurance adjuster, contractor, or restoration company in violation of the

provisions of subsection (c) shall be subject to a civil penalty of one thousand dollars ($1,000) for

each violation and may be subject to revocation of the appropriate professional license or

registration.


 

 

686)

Section

Added Chapter Numbers:

 

23-97

318 and 319

 

 

CHAPTER 97

THE CONSUMER PROTECTION IN EYE CARE ACT


 

 

 

687)

Section

Added Chapter Numbers:

 

23-97-1

318 and 319

 

 

23-97-1. Short title.

     This act shall be known and may be cited as "the "Consumer Protection in Eye Care Act."


 

 

688)

Section

Added Chapter Numbers:

 

23-97-2

318 and 319

 

 

23-97-2. Definitions.

     (a) As used in this chapter:

     (1) "Assessment mechanism" means automated or virtual equipment, application, or

technology designed to be used on a telephone, a computer, or an Internet internet-accessible

device that may be used either in person or remotely to conduct an eye assessment, and includes

artificial intelligence devices and any equipment, electronic or nonelectronic, that is used to

perform an eye assessment.

     (2) "Contact lens" means any lens placed directly on the surface of the eye, regardless of

whether or not it is intended to correct a visual defect, including any cosmetic, therapeutic, or

corrective lens.

     (3) "Eye assessment" means an assessment of the ocular health and visual status of a patient

that may include, but is not limited to, objective refractive data or information generated by an

assessment mechanism or an automated testing device, including an autorefractor, in order to

establish a medical diagnosis for the correction of vision disorders.

     (4) "Person" means an individual, corporation, trust, partnership, incorporated or

unincorporated association, and any other legal entity.

     (5) "Prescription" means a handwritten or electronic order issued by a provider that

includes:

     (i) In the case of contact lenses, all information required by the Fairness to Contact Lens

Consumers Act, 15 U.S.C. §§ 7601 et seq.;

     (ii) In the case of visual aid glasses, all information required by the Ophthalmic Practice

Rules, also known as the Eyeglass Rule, 16 C.F.R. Part 456; and

     (iii) Necessary and appropriate information for the dispensing of visual aid glasses or

contact lenses for a patient, including the provider's name, license number, physical address with

which the provider is associated, and telephone number.

     (6) "Provider" means a health care healthcare professional licensed under chapters

chapter 35.1 or 37 of title 5 of the general laws.

     (7) "Visual aid glasses" means eyeglasses, spectacles, or lenses designed or used to correct

visual defects, including spectacles that may be adjusted by the wearer to achieve different types

or levels of visual correction or enhancement. Visual aid glasses do not include optical instrument

instruments or devices that are:

     (i) Not intended to correct or enhance vision;

     (ii) Sold without consideration of the visual status of the individual who will use the optical

instrument or device, including nonprescription sunglasses, plano lenses that are clear, colored, or

tinted, or lenses that are designed and used solely to filter out light;

     (iii) Completely assembled eyeglasses or spectacles designed and used solely to magnify;

or

     (iv) Nonprescription eyewear exempted from the provisions of § 5-35.1-10, namely simple

reading magnifying glasses, toy glasses, goggles consisting of plano white or plano colored lenses,

or ordinary colored glasses.


 

 

 

689)

Section

Added Chapter Numbers:

 

23-97-3

318 and 319

 

 

23-97-3. Assessment Mechanisms.

     (a) An assessment mechanism to conduct an eye assessment or to generate a prescription

for contact lenses or visual aid glasses in Rhode Island shall:

     (1) Provide synchronous or asynchronous interaction between the patient and the provider;

     (2) Collect the patient's medical history, previous prescription for corrective eyewear, and

length of time since the patient's most recent in-person comprehensive eye health examination.;

     (3) Disclose to patients and require acceptance in advance as a term of use that:

     (i) This assessment is not a replacement of an in-person comprehensive eye health

examination;

     (ii) This assessment cannot be used to generate an initial prescription for contact lenses or

a follow-up or first renewal of the initial prescription.;

     (iii) This assessment may only be used if the patient has had an in-person comprehensive

eye health examination within the previous twenty-four (24) months if the patient is conducting an

eye assessment or receiving a prescription for visual aid glasses; and

     (iv) The United States Centers for Disease Control and Prevention (CDC) advises contact

lens wearers to visit an eye doctor one time a year or more often if needed.


 

 

690)

Section

Added Chapter Numbers:

 

23-97-4

318 and 319

 

 

23-97-4. Provider responsibilities.

     (a) To use an assessment mechanism to conduct an eye assessment or to generate a

prescription, a person shall be an actively licensed provider acting within their scope of practice,

and the provider shall:

     (1) Conform to the standard of eye health care expected of traditional in-person clinical

settings as appropriate to the patient's age and presenting condition, including when the standard of

care requires the use of diagnostic testing and performance of a physical examination, which may

be carried out through the use of peripheral devices appropriate to the patient's condition.

     (2) Not use the data or information obtained from an eye assessment as the sole basis for

issuing a prescription.

     (3) Read and interpret the diagnostic information and data, including any photographs and

scans, gathered by the assessment mechanism.

     (4) Verify the identity of the patient requesting treatment via the assessment mechanism.

     (5) Verify the patient is at least eighteen (18) years of age.

     (6) For issuing prescriptions for visual aid glasses, verify that the patient has received an

in-person comprehensive eye examination by a provider within the previous twenty-four (24)

months.

     (7) For issuing prescriptions for contact lenses, verify that the patient has received an in-

person comprehensive eye health examination by a provider:

     (i) For the initial prescription and one follow-up or first renewal of the initial prescription;

or

     (ii) Within twenty-four (24) months after the follow-up or first renewal of the initial

prescription, and every twenty-four (24) months thereafter.

     (8) Create and maintain a medical record for each patient, which is for use during the

ongoing treatment of a patient, and complies with all state and federal laws regarding maintenance

and accessibility.

     (9) Provide a handwritten or electronic signature, along with their Rhode Island state

license number, certifying their diagnosis, evaluation, treatment, prescription, or consultation

recommendations of the patient.


 

 

 

691)

Section

Added Chapter Numbers:

 

23-97-5

318 and 319

 

 

23-97-5. Penalties.

     (a) Any person who violates any provision of this chapter or the rules or regulations

promulgated by the department of health shall, in addition to any other penalty provided by law,

pay a civil penalty to the state in an amount not to exceed ten thousand dollars ($10,000) for each

violation, to be deposited as general revenue.

     (b) Any person charged in a complaint filed by the department of health or the office of the

attorney general with violating any of the provisions of this chapter shall be entitled to an

administrative hearing conducted in accordance with chapter 35 of title 42.

     (c) Any person aggrieved by a final order issued under the authority of this chapter shall

have the right of an appeal by filing a petition in the state superior court.

     (d) Nothing in this chapter shall restrict the department of health from enforcing

disciplinary action against a provider pursuant to chapters 35.1 and 37 of title 5, and any rules or

regulations promulgated thereunder.


 

 

 

692)

Section

Added Chapter Numbers:

 

23-97-6

318 and 319

 

 

23-97-6. Rules and Regulations.

     The department of health shall adopt and promulgate reasonable rules and regulations to

carry out the provisions of this chapter.


 

 

 

693)

Section

Added Chapter Numbers:

 

23-97-7

318 and 319

 

 

23-97-7. Severability.

     If any provision of this chapter, or of any rule or regulation promulgated under this chapter,

or the application of this chapter to any person or circumstances is held invalid by a court of

competent jurisdiction, the remainder of the chapter, rule, or regulation, and the application of this

provision to other persons or circumstances, shall not be affected.


 

 

 

694)

Section

Added Chapter Numbers:

 

23-98

354 and 355

 

 

CHAPTER 98

SEXUAL ASSAULT EVIDENCE KITS


 

 

 

695)

Section

Added Chapter Numbers:

 

23-98-1

354 and 355

 

 

23-98-1. Short title.

     This chapter shall be known and may be cited as the "Sexual Assault Evidence Kits Act".


 

 

 

696)

Section

Added Chapter Numbers:

 

23-98-2

354 and 355

 

 

23-98-2. Definitions.

     For purposes of this chapter:

     (1) "Accredited laboratory" means a DNA laboratory that is formally recognized and meets

or exceeds a list of standards, including the Federal Bureau of Investigation (FBI) director's quality

assurance standards, to perform specific tests, established by a nonprofit professional association

of persons actively involved in forensic science that is nationally recognized within the forensic

community in accordance with the provisions of the federal DNA Identification Act, 42 USC §

14132, or other applicable law.

     (2) "Anonymous kit" or "unreported kit" means a kit that is collected from a victim of

sexual assault through a medical forensic examination where the victim elects, at the time of the

examination, not to report the sexual assault offense to a law enforcement agency.

     (3) "Combined DNA Index System (CODIS)" means the FBI's program of support for

criminal justice DNA databases as well as the software used to run the databases.

     (4) "DNA analysis" means the isolation of autosomal deoxyribonucleic acid (DNA) to

develop DNA profiles that are eligible for entry into the Combined DNA Index System (CODIS),

DNA samples taken from evidence containing DNA from a known individual or of unknown origin,

the determination of the DNA test results, and entry of resulting DNA profiles into CODIS.

     (5) "Law enforcement agency" means a local police department, the Rhode Island state

police, the office of the attorney general, or a federal, state, or local governmental body that

enforces criminal laws and maintains employees who have a statutory power of arrest.

     (6) "Medical forensic examination" means an examination of a sexual assault patient by a

health care healthcare provider, ideally one who has specialized education and clinical experience

in the collection of forensic evidence and treatment of these patients. Such examination may include

gathering information from the patient for the medical forensic history,; an examination,;

coordinating treatment of injuries,; documentation of biological and physical findings,; collection

of evidence from the patient,; information, treatment, and referrals for sexually transmitted

infections, pregnancy, suicidal ideation, alcohol and substance abuse, and other non-acute medical

concerns,; and follow-up as needed to provide additional healing, treatment, or collection of

evidence.

     (7) "Newly collected kit" means a kit that has been collected after time frames and

requirements for testing kits were enacted.

     (8) "Previously untested sexual assault evidence kits" means human biological specimen(s)

collected by a health care healthcare provider during a forensic medical examination from the

victim of a sexually-oriented criminal offense that has not been through DNA analysis and has been

held untested by medical facilities, law enforcement agencies, or accredited laboratories.

     (9) "Sexual assault evidence kit" or "kit" means a collection of human biological

specimen(s) collected by a health care healthcare provider during a medical forensic examination

from the victim of a sex offense.

     (10) "Status" means the location, date, and time when the kit is transferred within the chain

of custody.


 

 

 

697)

Section

Added Chapter Numbers:

 

23-98-3

354 and 355

 

 

23-98-3. Annual statewide inventory of sexual assault evidence kits.

     (a) Within one hundred eighty (180) days of the effective date of this chapter, and annually

thereafter, all medical facilities, law enforcement agencies, crime laboratories, and any other

facilities that receive, maintain, store, or preserve sexual assault evidence kits (kits) shall submit a

report containing the following information to the department of health:

     (1) The total number of all untested kits in possession of each medical facility, law

enforcement agency, crime laboratory, and any other facility that receives, maintains, stores, or

preserves kits.;

     (2) For each kit the facility shall provide:

     (i) The category of the kit:

     (A) Whether sexual assault was reported to law enforcement; or

     (B) Whether the victim chose not to file a report with law enforcement.

     (ii) The status of the kit:

     (A) For kits of medical facilities: The date when the kit was reported to law enforcement,

and the date when the kit was delivered to the state health laboratory;

     (B) For kits of a law enforcement agency: The date the kit was picked up from a medical

facility, the date when the kit was submitted to a crime laboratory, and for any kit not submitted to

a crime lab, the reason the kit was not submitted;

     (C) For kits belonging to another jurisdiction: The date that the jurisdiction was notified

and the date the kit was picked up; and

     (D) For kits in possession of crime laboratories: The date the kit was received from law

enforcement and from which agency the kit was received; the date when the kit was tested; the date

when the resulting information was entered into CODIS or other relevant state or local DNA

databases, and the reasoning, if applicable, that a kit was not tested or a DNA profile was not

created.;

     (3) The total number of kits in possession of the entity for more than thirty (30) days or

beyond the statutory time frame for kit submission and testing.; and

     (4) The total number of kits destroyed and the reason for destruction.

     (5)(b) The department of health shall compile the data from the reports in a summary

report. The summary report shall include a list of all agencies or facilities that failed to participate

in the preparation of the report. The annual summary report shall be made publicly available on the

department of health's website, and shall be submitted to the governor, the speaker of the house of

representatives, the president of the senate, and the office of the attorney general.

     (b)(c) Within ninety (90) days of the effective date of this chapter, all previously untested

kits in medical facilities or other facilities that collect kits shall be submitted to the appropriate law

enforcement agency.

     (c)(d) Within one hundred eighty (180) days of the effective date of this chapter, each law

enforcement agency shall submit all previously untested kits, including those sexual assaults past

the statute of limitations, to the accredited public crime laboratory or laboratories.

     (1) Anonymous or unreported kits are exempted from this section unless the victim files a

report and consents to the testing of their kit.

     (2) Anonymous and unreported kits shall be safely stored by the state health laboratory in

a manner that preserves evidence for a duration of ten (10) years or the applicable statute of

limitations, whichever is greater.

     (3) Victims who do not file a report with law enforcement at the time the kit was collected

shall not negate their right to report the crime and have the kit tested in the future.

     (d)(e) An accredited public crime laboratory shall test all previously untested sexual assault

kits within ninety (90) days of receipt from the local law enforcement agency.

     (e)(f) Testing shall be pursued to develop autosomal DNA profiles that are eligible for

entry into the Combined DNA Index System (CODIS) and local DNA databases.

     (1) With the goal of generating a CODIS-eligible DNA profile, if a laboratory is unable to

obtain an autosomal CODIS-eligible DNA profile, the laboratory should evaluate the case to

determine if any other DNA-typing results could be used for investigative purposes.

     (2) In cases where testing has resulted in a DNA profile, the laboratory shall enter the full

profile into the Combined DNA Index System Database (CODIS) and local DNA databases. The

average completion rate for this analysis and classification shall not exceed ninety (90) days.

     (3) If an accredited public crime laboratory is unable to meet the deadline set forth in

subsection (e)(f)(2) of this section, the kits shall be outsourced for testing to an accredited private

crime laboratory.


 

 

 

698)

Section

Added Chapter Numbers:

 

23-98-4

354 and 355

 

 

23-98-4. Mandatory submission and testing requirements for newly collected

sexual assault evidence kits.

     (a) Medical facilities and all other facilities that conduct medical forensic examinations

shall notify the appropriate law enforcement agency immediately, and no later than twenty-four

(24) hours after the collection of a new sexual assault evidence kit.

     (b) Hospitals and state laboratories shall work together to ensure reported kits are

transferred from the hospital to the laboratory within ten (10) days of the kit being collected.

     (1) Anonymous kits and unreported kits are exempted from this section unless the victim

files a report and consents to the testing of their kit. Anonymous kits shall be safely stored by the

state laboratory in a manner that preserves evidence for a duration of ten (10) years or the applicable

statute of limitations, whichever is greater;.

     (2) Victims who do not file a report with law enforcement at the time the kit was collected

shall not negate their right to report the crime and have their kit tested in the future.

     (3) Kits associated with a reported crime that is uncharged or unsolved shall be preserved

by the applicable law enforcement agency for fifty (50) years or the length of the applicable statute

of limitations, whichever is greater.

     (c) Law enforcement shall contact the department of health when a victim of sexual assault

files a police complaint. At that point, the department of health shall begin the forensic analysis.

An accredited public crime laboratory shall test all kits within thirty (30) days of receipt.

     (1) Testing shall be pursued to develop autosomal DNA profiles that are eligible for entry

into the Combined DNA Index System (CODIS) and local DNA databases, with the goal of

generating a CODIS-eligible DNA profile. If a laboratory is unable to obtain an autosomal CODIS-

eligible DNA profile, the laboratory shall evaluate the case to determine if any other DNA-typing

results could be used for investigative purposes.

     (2) In cases where testing has resulted in a DNA profile, the laboratory shall enter the full

profile into the Combined DNA Index System Database (CODIS) and local DNA databases. The

average completion rate for this analysis and classification shall not exceed ninety (90) days.

     (3) If an accredited public crime laboratory is unable to meet the deadline specified in

subsection (c)(2) of this section, untested kits shall be outsourced to an accredited private crime

laboratory.


 

 

 

699)

Section

Added Chapter Numbers:

 

23-98-5

354 and 355

 

 

23-98-5. Victims' rights to notice.

     (a) All victims of sexual assault shall have the right to:

     (1) Consult with a sexual assault victim advocate on a confidential and privileged basis

during the forensic medical exam, and during any interview with law enforcement, prosecutors, or

defense attorneys. Waiving the right to a victim advocate in one instance does not negate this right.

The medical facility, law enforcement officer, or prosecutor shall inform the victim of his or her

rights prior to commencement of a medical forensic examination or law enforcement interview,

and shall not continue unless such right is knowingly and voluntarily waived;

     (2) Information, upon request, of the location, testing date, and testing results of a kit;

whether a DNA profile was obtained from the kit; whether there are matches to DNA profiles in

state or federal databases; and the estimated destruction date for the kit, all in a manner of

communication designated by the victim;

     (3) Be informed when there is any change in the status of their case, including if the case

has been closed or reopened;

     (4) Receive written notification, upon request, from the appropriate official with custody

of a victim's sexual assault evidence kit not later than sixty (60) days before the date of the intended

destruction or disposal;

     (5) Be granted further preservation of the kit or its probative contents;

     (6) Designate a person of the victim's choosing to act as a recipient of the information

provided under this section;

     (7) Be informed about how to file a report with law enforcement and have their kit tested

in the future, if the victim shall decide not to file a report at the time the kit is first collected;

     (8) Be informed about the right to apply for victim compensation; and

     (9) Be provided with the contact information for the designated liaison at the time that a

kit is collected.

     (b) A survivor retains all the rights contained in this chapter at all times, regardless of

whether the survivor agrees to participate in any investigation, prosecution, or generally, in the

criminal justice system of any court of this state and regardless of whether the survivor consents to

a medical evidentiary or physical examination to collect sexual assault forensic evidence.

     (c)(1) The attorney general, in consultation with the victim service providers and victim

advocacy organizations, shall promulgate and publish a sexual assault victim's bill of rights for

purposes of informing sexual offense victims of their rights under state law. Such bill of rights shall

be prominently published on the department of the attorney general's website, in plain, easy to

understand language and in at least the ten (10) most common languages spoken in this state, and

distributed to hospitals as a document which shall be provided to every presenting sexual offense

victim. The department of the attorney general may update the bill of rights as necessary to reflect

changes in state law and more accurately explain the law.

     (2) In advance or at the beginning of the medical forensic examination and law enforcement

interview, medical professionals, victim advocates, law enforcement officers, or prosecutors shall

provide victims with the bill of rights as created by the attorney general identifying their rights

under law, including the rights granted pursuant to this section.

     (d) The attorney general, in coordination with victim service providers, shall ensure that

trauma-informed, survivor-focused, statewide policies and procedures for law enforcement shall

be adopted concerning contact with victims and notification concerning kits.


 

 

 

700)

Section

Amended Chapter Numbers:

 

24-6-1

37 and 38

 

 

24-6-1. Order of abandonment -- Reversion of title -- Notice.

     (a) Whenever, by the judgment of the town council of any town, a highway or driftway in

the town, or any part of either, has ceased to be useful to the public, the town council of the town

is authorized so to declare it by an order or decree that shall be final and conclusive; and, thereupon,

the title of the land upon which the highway or driftway or part thereof existed shall revert to its

owner and the town shall be no longer liable to repair the highway or driftway; provided, however,

that the town council shall cause a sign to be placed at each end of the highway or driftway, having

thereon the words "Not a public highway," and after the entry of the order or decree, shall also

cause a notice thereof to be published in a newspaper of general circulation, printed in English, at

least once each week for three (3) successive weeks in a newspaper circulated within the city or

town and a further and personal notice shall be served upon every owner of land abutting upon that

part of the highway or driftway that has been abandoned who is known to reside within this state.

Nothing contained in this chapter shall, in any manner, affect any private right-of-way over the land

so adjudged to be useless as a highway or driftway if the right had been acquired before the taking

of the land for a highway or driftway. Provided, however, that the town of Coventry and any

community with a population of not less than one hundred thousand (100,000), receiving a request

for the abandonment of a highway or driftway from an abutting property owner, may sell the

highway or driftway to the abutting owner at fair market value; and provided, further, that the town

of North Providence, upon receiving a request for the abandonment of a highway or driftway from

an abutting property owner may sell the highway or driftway to the abutting owner, at fair market

value; and provided further, that the town of New Shoreham, upon receiving a request for the

abandonment of a highway or driftway from an abutting property owner, may sell the highway or

driftway to the abutting owner at fair market value; and provided, further, that the town of

Barrington, upon receiving a request for the abandonment of a highway or driftway from an

abutting property owner, may sell the highway or driftway to the abutting owner at fair market

value; and provided, further, that the city of Cranston, upon receipt of a request for abandonment

of a highway or driftway within the city of Cranston, where the sale of the highway or driftway to

an abutting owner would result in the creation of a new lot that would be in compliance with the

minimum-area requirement for construction of a building that is a permitted use, may sell the

highway or driftway to the abutting owner at fair market value; and provided, further, that the city

of Warwick, upon receiving a request for the abandonment of a highway or driftway from an

abutting property owner, may sell the highway or driftway to the abutting owner at fair market

value; and provided, further, that the town of Middletown, upon receiving a request for the

abandonment of a highway or driftway from an abutting property owner, may sell the highway or

driftway to the abutting owner at fair market value; and provided, further, that the town of

Cumberland, upon receiving a request for abandonment of a highway or driftway from an abutting

property owner, may sell the highway or driftway to the abutting owner at fair market value.

     (b) Provided, further, that nothing in this section shall apply to private ways regardless of

their use or maintenance thereof by any municipal corporation.


 

 

 

701)

Section

Amended Chapter Numbers:

 

24-8.1-2

340 and 341

 

 

24-8.1-2. Relocation of utility facilities necessitated by highway construction.

     Notwithstanding any provision of law or of any charter or statute, general or special, to the

contrary, whenever state-initiated relocation of utility facilities in the state, owned by private

corporations, private companies, municipalities, political subdivisions, authorities, or agencies of

the state, whether within or without the limits of public ways, shall become necessary in connection

with a highway project on the federal aid primary or secondary systems or on the national system

of interstate and defense highways, including extensions thereof, for which the state shall be

entitled under any law of the United States to reimbursement from federal funds for any portion of

the cost of the project, then the state may order the relocation of the utility facilities, and the private

corporation, private company, municipality, political subdivision, agencies of the state, or authority

owning or operating the facilities shall promptly relocate the facilities in accordance with the order

and the state shall pay the cost of the relocation to the utility as part of the cost of the federally

aided highway project reimburse the owner of such the utility or utility facility for the cost of

relocation subject to the following limitations and in accordance with the following formula: for

any utility facility that is to be reimbursed federally, in whole or in part, and for any utility facility

that does not qualify for federal reimbursement, the division shall reimburse the owner fifty percent

(50%) of the costs of relocating the utility facility; in no case shall a utility be reimbursed for any

type of betterment; reimbursement is for relocation costs only; the state shall pay the cost of the

relocation to the utility as part of the cost of the federally aided highway project. A utility relocation

shall be eligible for reimbursement pursuant to this section only if it is completed to the satisfaction

of the state within target dates established by the state and in accordance with design criteria set

forth by the state for the relocation in a manner that facilitates the timely completion of the affected

project. The state shall pay a reasonable amount to private corporations and private companies for

the relocation of utilities commencing with highway projects that are authorized for construction

after March 1, 1976.


 

 

 

702)

Section

Added Chapter Numbers:

 

27-2.8

342 and 343

 

 

CHAPTER 27-2.8

SELF-SERVICE STORAGE INSURANCE


 

 

 

703)

Section

Added Chapter Numbers:

 

27-2.8-1

342 and 343

 

 

27-2.8-1. Definitions.

     For purposes of this chapter, the following terms shall have the following meanings:

     (1) "Commissioner" means the definition prescribed by § 42-14-5;.

     (2) "Location" means any physical location in the State state of Rhode Island or any

website, call center site, or similar location directed to residents of the State state of Rhode Island;.

     (3) "Occupant" means a person, or his or her sublessee, successor, or assign, who is entitled

to the use of storage space at a self-service storage facility under a rental agreement, to the exclusion

of others;.

     (4) "Owner" means a person or business entity, whether a resident or non-resident

nonresident of this state, who or that is the proprietor, operator, lessor, or sublessor of a self-

service storage facility, an agent of any of the foregoing, or any other person or business entity

authorized to manage the facility or to receive rent from an occupant under a rental agreement.

     (5) "Personal property" means movable property not affixed to land.

     (6) "Rental agreement" means any written agreement or lease that establishes or modifies

the terms, conditions, rules, or any other provisions concerning the use and occupancy of storage

space at a self-service storage facility.

     (7) "Self-service storage facility" means any real property designed and used for the

purpose of renting or leasing individual storage space to occupants who are to have access to the

space for the purpose of storing and removing personal property.

     (8) "Self-service storage insurance" means personal property insurance offered in

connection with and incidental to the rental of storage space at a self-service storage facility and

which that provides coverage to occupants for the loss of or damage to personal property occurring

at the facility or when the property is in transit to or from the facility during the period of the rental

agreement.

     (9) "Supervising entity" means a business entity that is a licensed insurer or insurance

producer that is authorized by an insurer to supervise the administration of a self-service storage

insurance program.


 

 

 

704)

Section

Added Chapter Numbers:

 

27-2.8-2

342 and 343

 

 

27-2.8-2. Licensure exemption for owners.

     (a) An owner and its authorized representatives and employees may sell, solicit, and offer

self-service storage insurance coverage without obtaining an insurance producer license pursuant

to the requirements set forth in §§ 27-2.8-3 and 27-2.8-4.

     (b) The supervising entity shall maintain a registry of owner locations at which self-service

storage insurance is sold, solicited, or offered in this state. Upon request by the commissioner and

with ten (10) days notice to the supervising entity, the registry shall be open to inspection and

examination by the commissioner during regular business hours of the supervising entity.


 

 

705)

Section

Added Chapter Numbers:

 

27-2.8-3

342 and 343

 

 

27-2.8-3. Requirements for sale of self-service storage insurance.

     (a) At every location where self-service storage insurance is offered to occupants,

brochures or other written or electronic materials must be made available which that:

     (1) Disclose that self-service storage insurance may provide a duplication of coverage

already provided by a homeowner’s insurance policy, renter's insurance policy, or other source of

coverage;

     (2) State that the enrollment in the self-service storage insurance program offered by the

owner is not required in order to lease storage space at the self-service storage facility;

     (3) Provide the actual terms of the insurance coverage, or summarize the material terms of

the insurance coverage, including:

     (i) The identity of the insurer;

     (ii) The identity of the supervising entity;

     (iii) The amount of any applicable deductible and how it is to be paid;

     (iv) Benefits of the coverage; and

     (v) Key terms and conditions of coverage.;

     (4) Summarize the process for filing a claim; and

     (5) State that an occupant may cancel enrollment for self-service storage insurance

coverage at any time and the person paying the premium shall receive a refund of any applicable

unearned premium.

     (b) Self-service storage insurance may be provided under a commercial, corporate, group,

or master policy.


 

 

 

706)

Section

Added Chapter Numbers:

 

27-2.8-4

342 and 343

 

 

27-2.8-4. Authority of owners.

     (a) The employees and authorized representatives of owners may sell, solicit, and offer

self-service storage insurance and shall not be subject to licensure as an insurance producer under

this title; provided that:

     (1) The insurer issuing the self-service storage insurance either directly supervises or

appoints a supervising entity to supervise the administration of the program including development

and implementation of a training program for employees and authorized representatives of the

owners who are directly engaged in the activity of selling, soliciting, or offering self-service storage

insurance. The training required by this subdivision shall comply with the following:

     (i) The training shall be delivered to employees and authorized representatives of owners

who are directly engaged in the activity of selling, soliciting, or offering self-service storage

insurance;

     (ii) The training may be provided in electronic form. The supervising entity shall

implement a system to monitor whether the electronic training has been taken by all relevant

employees; and

     (iii) Each employee and authorized representative shall receive basic instruction about the

self-service storage insurance offered and the disclosures required under § 27-2.8-3(a).

     (2) No employee or authorized representative of an owner shall advertise, represent or

otherwise hold himself or herself out as a licensed insurance producer, unless so licensed.

     (b) Notwithstanding any other provision of law, employees or authorized representatives

of an owner shall not be compensated based primarily on the number of occupants enrolled for self-

service storage insurance coverage but may receive compensation for self-service storage insurance

which is incidental to their overall compensation.

     (c) The charges for self-service storage insurance coverage may be billed and collected by

the owner. Any charge for the self-service storage insurance coverage that is not included in the

cost associated with the lease of storage space at the self-service storage facility shall be separately

itemized on the occupant’s bill. If the self-service storage insurance coverage is included in the cost

associated with the lease of storage space at the self-service storage facility, the owner shall clearly

and conspicuously disclose to the occupant that the self-service storage insurance coverage is

included in the cost associated with the lease of storage space at the self-service storage facility.

Owners billing and collecting such these charges shall not be required to maintain such these funds

in a segregated account; provided that, the owner is authorized by the insurer or supervising entity

to hold such these funds in an alternative manner and remits the premiums to the insurer or

supervising entity within sixty (60) days of receipt. All premiums received by an owner from an

occupant for the sale of self-service storage insurance shall be considered funds held by the owner

in a fiduciary capacity for the benefit of the insurer. Owners may receive compensation for billing

and collection services.


 

 

707)

Section

Added Chapter Numbers:

 

27-2.8-5

342 and 343

 

 

27-2.8-5. Penalties.

     If an owner or its employee or authorized representative violates any provision of this

chapter, the commissioner, after notice and opportunity for a hearing, may impose any penalty as

appropriate pursuant to § 42-14-16.


 

 

 

708)

Section

Amended Chapter Numbers:

 

27-3-38

404 and 405

 

 

27-3-38. Surplus line brokers -- License -- Affidavit of inability to obtain insurance --

Reports and records -- Premium tax -- Notice to purchasers.

     (a) The insurance commissioner may issue a surplus line broker's license to any person

authorizing the licensee to procure, subject to the restrictions provided in this section, policies of

insurance, except life and health and accident, except as allowed under § 27-3-38.3, from eligible

surplus lines insurers. Residents of this state must hold a an property and casualty insurance

producer license to qualify for a surplus lines broker license. This license may be denied,

suspended, or revoked by the insurance commissioner whenever, in the commissioner's judgment,

any of the bases under § 27-2.4-14 exist. Before any license is issued by the insurance commissioner

and before each renewal of a license, there shall be filed in his or her office a written application

by the person desiring the license in the form, and containing any information, that the insurance

commissioner may prescribe. For the purposes of carrying out the provisions of the Nonadmitted

and Reinsurance Reform Act of 2010, the commissioner is authorized to utilize the national

insurance producer database of the National Association of Insurance Commissioners (NAIC), or

any other equivalent uniform national database, for the licensure of a person as a surplus lines

producer and for renewal of such license. For insureds whose home state is this state, a person shall

not procure a contract of surplus lines insurance with a nonadmitted insurer unless the person

possesses a current surplus lines insurance license issued by the commissioner.

     (b) A Rhode Island resident business entity acting as a surplus line broker may elect to

obtain a surplus line broker license. Application shall be made using the uniform business entity

application. Prior to approving the application, the commissioner shall find both of the following:

     (1) The business entity has paid the appropriate fees.

     (2) The business entity has designated a licensed surplus line broker responsible for the

business entity's compliance with the insurance laws and rules of this state.

     (c) When any policy of insurance is procured under the authority of that license, there shall

be executed, both by the licensee and by the insured, affidavits setting forth facts showing that the

insured, or a licensed Rhode Island producer, were unable, after diligent effort, to procure from no

less than three (3) admitted insurers the full amount of insurance required to protect the property

owned or controlled by the insured or the risks insured. Provided, however, the aforementioned

affidavit shall not be required when insuring the following interest: amusement parks and devices,

environmental improvement and/or remediation sites, vacant property or property under

renovation, demolition operations, event cancellation due to weather, railroad liability,

discontinued products, fireworks and pyrotechnics, warehouseman's legal liability, excess property

coverage, private flood, and contingent liability. In addition, no such affidavit is required for

exempt commercial purchasers as defined by the Nonadmitted and Reinsurance Reform Act of

2010. For purposes of this section, residual market mechanisms shall not be considered authorized

insurers. Prior to renewing, continuing, or extending any policy, the licensed surplus line broker

must confirm that the insurer is on the insurance commissioner's list of approval surplus line

insurers in this state.

     (d) The licensee shall keep a complete and separate record of all policies procured from

approved surplus lines insurers under the license and these records shall be open to the examination

of both the insurance commissioner and tax administrator at all reasonable times and shall show

the exact amount of each kind of insurance permitted under this section which has been procured

for each insured; the gross premiums charged by the insurers for each kind of insurance permitted

under this section which were returned to each insured; the name of the insurer or insurers which

issued each of these policies; the effective dates of these policies; and the terms for which these

policies were issued. The licensee shall file a yearly report with the insurance commissioner on a

form prescribed by the insurance commissioner showing the business procured under the surplus

line license for the preceding calendar year, and the report shall be due annually on or before April

1.

     (e) Every person, firm, or corporation licensed pursuant to the provisions of this section

shall file with the insurance commissioner, at the time of the insurance producer license renewal,

sufficient information, as determined by the insurance commissioner, whether a licensee or a person

acting on the licensee's behalf, has paid to the tax administrator, for all policies procured by the

licensee pursuant to the license during the next preceding calendar year, a tax, computed at the rate

of four percent (4%) on the gross premiums charged the insured by the insurers, less the amount of

premiums returned to the insured. The tax administrator shall provide to the insurance

commissioner, upon request, information needed to determine compliance with this subsection.

The content and nature of the information to be disclosed shall be determined and approved by the

tax administrator, shall be the minimum necessary to determine compliance, and shall be kept

confidential by the insurance commissioner.

     (f) Every application form for insurance from a surplus lines insurer, every affidavit form

executed by the insured, and every policy (on its front and declaration pages) issued by the surplus

lines insurer, shall contain in ten-point (10) type the following notice:

     NOTICE

     THIS INSURANCE CONTRACT HAS BEEN PLACED WITH AN INSURER NOT

LICENSED TO DO BUSINESS IN THE STATE OF RHODE ISLAND BUT APPROVED AS A

SURPLUS LINES INSURER. THE INSURER IS NOT A MEMBER OF THE RHODE ISLAND

INSURERS INSOLVENCY FUND. SHOULD THE INSURER BECOME INSOLVENT, THE

PROTECTION AND BENEFITS OF THE RHODE ISLAND INSURERS INSOLVENCY FUND

ARE NOT AVAILABLE.


 

 

 

709)

Section

Repealed Chapter Numbers:

 

27-3-39

404 and 405

 

 

27-3-39. [Repealed].


 

 

 

710)

Section

Repealed Chapter Numbers:

 

27-4-6

404 and 405

 

 

27-4-6. [Repealed]


 

 

 

711)

Section

Amended Chapter Numbers:

 

27-4.4-4

404 and 405

 

 

27-4.4-4. Minimum values.

     (a) The minimum values as specified in §§ 27-4.4-5 -- 27-4.4-8 and 27-4.4-10 of any paid-

up annuity, cash surrender, or death benefits available under an annuity contract shall be based

upon minimum nonforfeiture amounts as defined in this section.

     (b) The minimum nonforfeiture amount at any time at or prior to the commencement of

any annuity payments shall be equal to an accumulation up to that time at rates of interest as

provided in subsection (d) of this section, the net considerations as defined in this section paid prior

to that time, decreased by the sum of:

     (1) Any prior withdrawals from or partial surrenders of the contract accumulated at rates

of interest as provided in subsection (d) of this section; and

     (2) The amount of any indebtedness to the company on the contract, including interest due

and accrued;

     (3) An annual contract charge of fifty dollars ($50.00), accumulated at rates of interest as

provided in subsection (d) of this section; and

     (4) Any premium tax paid by the company for the contract, accumulated at rates of interest

as provided in subsection (d) of this section.

     (c) The net considerations for a given contract year used to define the minimum

nonforfeiture amount shall be an amount equal to eighty-seven and one-half percent (87.5%) of the

gross considerations credited to the contract during that contract year.

     (d) The interest rate used in determining minimum nonforfeiture amounts shall be an

annual rate of interest determined as the lesser of three percent (3%) per annum and the following,

which shall be specified in the contract if the interest rate will be reset:

     (1) The five-(5) year (5) Constant Maturity Treasury Rate reported by the Federal Reserve

as of a date, or average over a period, rounded to the nearest one twentieth of one percent (1/20%),

specified in the contract no longer than fifteen (15) months prior to the contract issue date or

redetermination date under subdivision (4) of this subsection;

     (2) Reduced by one hundred twenty-five (125) basis points;

     (3) Where the resulting interest rate is not less than one percent (1%); and

     (4) The interest rate shall apply for an initial period and may be redetermined for additional

periods. The redetermination date, basis and period, if any, shall be stated in the contract. The basis

is the date or average over a specified period that produces the value of the five-(5) year (5)

Constant Maturity Treasury Rate to be used at each redetermination date.

     (e) During the period or term that a contract provides substantive participation in an equity

indexed benefit, it may increase the reduction described in subsection (d)(2) of this section above

by up to an additional one hundred (100) basis points to reflect the value of the equity index benefit.

The present value at the contract issue date, and at each redetermination date thereafter, of the

additional reduction shall not exceed the market value of the benefit. The commissioner of

insurance may require a demonstration that the present value of the reduction does not exceed the

market value of the benefit. Lacking such a demonstration that is acceptable to the commissioner,

the commissioner may disallow or limit the additional reduction.

     (f) The commissioner of insurance may adopt rules to implement the provisions of

subsection (e) of this section and to provide for further adjustments to the calculation of minimum

nonforfeiture amounts for contracts that provide substantive participation in an equity index benefit

and for other contracts that the commissioner determines adjustments are justified.


 

 

 

712)

Section

Repealed Chapter Numbers:

 

27-6-46

404 and 405

 

 

27-6-46. [Repealed].


 

 

 

713)

Section

Added Chapter Numbers:

 

27-6.1

404 and 405

 

 

CHAPTER 6.1

LENDER PLACED INSURANCE


 

 

 

714)

Section

Added Chapter Numbers:

 

27-6.1-1

404 and 405

 

 

27-6.1-1. Purpose.

     The purpose of this chapter is to:

     (1) Promote the public welfare by regulating lender-placed insurance on real property.

     (2) Create a legal framework within which lender-placed insurance on real property may

be written in this state.

     (3) Help maintain the separation between lenders/servicers and insurers/insurance

producers.

     (4) Minimize the possibilities of unfair competitive practices in the sale, placement,

solicitation, and negotiation of lender-placed insurance.


 

 

715)

Section

Added Chapter Numbers:

 

27-6.1-2

404 and 405

 

 

27-6.1-2 Scope.

     (a) This chapter applies to insurers and insurance producers engaged in any transaction

involving lender-placed insurance as defined in this chapter.

     (b) All lender-placed insurance written in connection with mortgaged real property,

including manufactured and mobile homes, is subject to the provisions of this chapter, except:

     (1) Transactions involving extensions of credit primarily for business, commercial, or

agricultural purposes.

     (2) Insurance offered by the lender or servicer and elected by the mortgagor at the

mortgagor's option.

     (3) Insurance purchased by a lender or servicer on real estate owned property.

     (4) Insurance for which no specific charge is made to the mortgagor or the mortgagor's

account.


 

 

 

716)

Section

Added Chapter Numbers:

 

27-6.1-3

404 and 405

 

 

27-6.1-3. Definitions.

     As used in this chapter:

     (1) "Affiliate" means a person that directly, or indirectly through one or more

intermediaries, controls or is controlled by, or is under common control with, the person specified.

     (2) "Commissioner" shall have the meaning established in § 42-14-5.

     (3) "Individual lender-placed insurance" means coverage for individual real property

evidenced by a certificate of coverage under a master lender-placed insurance policy or a lender-

placed insurance policy for individual real property.

     (4) "Insurance producer" means a person or entity (or its affiliates) required to be licensed

under the laws of this state to sell, solicit, or negotiate insurance.

     (5) "Insurer" means an insurance company, association, or exchange authorized to issue

lender-placed insurance in this state (or its affiliates).

     (6) "Investor" means a person or entity (and its affiliates) holding a beneficial interest in

loans secured by real property.

     (7) "Lapse" means the moment in time in which a mortgagor has failed to secure or

maintain valid and/or sufficient insurance upon mortgaged real property as required by a mortgage

agreement.

     (8) "Lender" means a person or entity (and its affiliates) making loans secured by an

interest in real property.

     (9) "Lender-placed insurance" means insurance obtained by a lender or servicer when a

mortgagor does not maintain valid and/or sufficient insurance upon mortgaged real property as

required by the terms of the mortgage agreement. It may be purchased unilaterally by the lender or

servicer, who is the named insured, subsequent to the date of the credit transaction, providing

coverage against loss, expense, or damage to collateralized property as a result of fire, theft,

collision, or other risks of loss that would either impair a lender, servicer, or investor's interest or

adversely affect the value of collateral covered by limited dual interest insurance. It is purchased

according to the terms of the mortgage agreement as a result of the mortgagor's failure to provide

evidence of required insurance.

     (10) "Loss ratio" means the ratio of incurred losses to earned premium.

     (11) "Master lender-placed insurance policy" means a group policy issued to a lender or

servicer providing coverage for all loans in the lender or servicer's loan portfolio as needed.

     (12) "Mortgage agreement" means the written document that sets forth an obligation or a

liability of any kind secured by a lien on real property and due from, owing, or incurred by a

mortgagor to a lender on account of a mortgage loan, including the security agreement, deed of

trust, and any other document of similar effect, and any other documents incorporated by reference.

     (13) "Mortgage loan" means a loan, advance, guarantee, or other extension of credit from

a lender to a mortgagor.

     (14) "Mortgage transaction" means a transaction by the terms of which the repayment of

money loaned or payment of real property sold is to be made at a future date or dates.

     (15) "Mortgagee" means the person who holds mortgaged real property as security for

repayment of a mortgage agreement.

     (16) "Mortgagor" means the person who is obligated on a mortgage loan pursuant to a

mortgage agreement.

     (17) "Person" means an individual or entity.

     (18) "Real estate owned property" means property owned or held by a lender or servicer

following foreclosure under the related mortgage agreement or the acceptance of a deed in lieu of

foreclosure.

     (19) "Replacement cost value (RCV)" is the estimated cost to replace covered property at

the time of loss or damage without deduction for depreciation. RCV is not market value, but it is

instead the cost to replace covered property to its pre-loss condition.

     (20) "Servicer" means a person or entity (and its affiliates) contractually obligated to

service one or more mortgage loans for a lender or investor. The term "servicer" includes entities

involved in subservicing arrangements.


 

 

 

717)

Section

Added Chapter Numbers:

 

27-6.1-4

404 and 405

 

 

27-6.1-4. Term of Insurance Policy.

     (a) Lender-placed insurance shall become effective no earlier than the date of lapse of

insurance upon mortgaged real property subject to the terms of a mortgage agreement and/or any

other state or federal law requiring the same.

     (b) Individual lender-placed insurance shall terminate on the earliest of the following dates:

     (1) The date the insurance that is acceptable under the mortgage agreement becomes

effective, subject to the mortgagor providing sufficient evidence of such acceptable insurance.

     (2) The date the applicable real property no longer serves as collateral for a mortgage loan

pursuant to a mortgage agreement.

     (3) Such other date as specified by the individual policy or certificate of insurance.

     (4) Such other date as specified by the lender or servicer.

     (5) The termination date of the policy.

     (c) An insurance charge shall not be made to a mortgagor for lender-placed insurance for

a term longer than the scheduled term of the lender-placed insurance, nor may an insurance charge

be made to the mortgagor for lender-placed insurance before the effective date of the lender-placed

insurance.


 

 

 

 

718)

Section

Added Chapter Numbers:

 

27-6.1-5

404 and 405

 

 

27-6.1-5. Calculation of coverage and payment of premiums.

     (a) Any lender-placed insurance coverage, and subsequent calculation of premium, should

be based upon the replacement cost value of the property as best determined as follows:

     (1) The dwelling coverage amount set forth in the most recent evidence of insurance

coverage provided by the mortgagee ("last known coverage amount" or "LKCA"), if known to the

lender or servicer.

     (2) The insurer shall inquire of the insured, at least once, ,as to the LKCA; and if it is not

able to obtain the LKCA from the insured or in another manner, the insurer may proceed as set

forth below.

     (3) If the LKCA is unknown, the replacement cost of the property serving as collateral as

calculated by the insurer, unless the use of replacement cost for this purpose is prohibited by other

state or federal law.

     (4) If the LKCA is unknown and the replacement cost is not available or its use is

prohibited, the unpaid principal balance of the mortgage loan.

     (b) In the event of a covered loss, any replacement cost coverage provided by an insurer in

excess of the unpaid principal balance of the mortgage loan shall be paid to the mortgagor.

     (c) An insurer shall not write lender-placed insurance for which the premium rate differs

from that determined by the schedules of the insurer on file with the commissioner as of the

effective date of any such policy.


 

 

 

719)

Section

Added Chapter Numbers:

 

27-6.1-6

404 and 405

 

 

27-6.1-6. Prohibited Practices.

     (a) An insurer or insurance producer shall not issue lender-placed insurance on mortgaged

property that the insurer or insurance producer or an affiliate of the insurer or insurance producer

owns, performs the servicing for, or owns the servicing right to the mortgaged property.

     (b) An insurer or insurance producer shall not compensate a lender, insurer, investor, or

servicer (including through the payment of commissions) on lender-placed property insurance

policies issued by the insurer.

     (c) An insurer or insurance producer shall not share lender-placed insurance premium or

risk with the lender, investor, or servicer that obtained the lender-placed insurance.

     (d) An insurer or insurance producer shall not offer contingent commissions, profit sharing,

or other payments dependent on profitability or loss ratios to any person affiliated with a servicer

or the insurer in connection with lender-placed insurance.

     (e) An insurer shall not provide free or below-cost outsourced services to lenders, investors,

or servicers, and an insurer will not outsource its own functions to lenders, insurance producers,

investors, or servicers on an above-cost basis.

     (f) An insurer or insurance producer shall not make any payments, including, but not

limited to, the payment of expenses to a lender, insurer, investor, or servicer for the purpose of

securing lender-placed insurance business or related outsourced services.


 

 

 

 

 

 

720)

Section

Added Chapter Numbers:

 

27-6.1-7

404 and 405

 

 

27-6.1-7. Non-circumvention.

     Nothing in this chapter shall be construed to allow an insurance producer or an insurer

solely underwriting lender-placed insurance to circumvent the requirements set forth within this

chapter. This chapter shall apply to all insurers and insurance producers involved in lender-placed

insurance.


 

 

 

721)

Section

Added Chapter Numbers:

 

27-6.1-8

404 and 405

 

 

27-6.1-8. Evidence of Coverage.

     (a) Lender-placed insurance shall be set forth in an individual policy or certificate of

insurance. A copy of the individual policy, certificate of insurance, or other evidence of insurance

coverage shall be mailed, first-class mailed, or delivered in person to the last known address of the

mortgagor or delivered in accordance with chapter 14 of title 42. Notwithstanding any other

statutory or regulatory required information, the individual policy or certificate of insurance

coverage shall include the following information:

     (1) The address and identification of the insured property;

     (2) The coverage amount or amounts if multiple coverages are provided;

     (3) The effective date of the coverage;

     (4) The term of coverage;

     (5) The premium charge for the coverage;

     (6) Contact information for filing a claim; and

     (7) A complete description of the coverage provided.


 

 

 

722)

Section

Added Chapter Numbers:

 

27-6.1-9

404 and 405

 

 

27-6.1-9. Filing, Approval and Withdrawal of Forms and Rates.

     (a) All policy forms and certificates of insurance to be delivered or issued for delivery in

this state and the schedules of premium rates pertaining thereto shall be filed with the

commissioner.

     (b) The commissioner shall review the rates to determine whether the rates are excessive,

inadequate, or unfairly discriminatory. This analysis shall include a determination as to whether

expenses included by the insurer in the rate are appropriate.

     (c) All insurers shall re-file lender-placed property insurance rates at least once every four

(4) years.

     (d) All insurers writing lender-placed insurance shall have separate rates for lender-placed

insurance and voluntary insurance obtained by a mortgage servicer on real estate owned property.

     (e) Upon the introduction of a new lender-placed insurance program, the insurer shall

reference its experience in existing programs in the associated filings. Nothing in this chapter shall

limit an insurer's discretion, as actuarially appropriate, to distinguish different terms, conditions,

exclusions, eligibility criteria, or other unique or different characteristics. Moreover, an insurer

may, where actuarially acceptable, rely upon models or, in the case of flood filings where applicable

experience is not credible, on Federal Emergency Management Agency (FEMA) National Flood

Insurance Program (NFIP) data.

     (f) No later than April 1 of each year, each insurer with at least one hundred thousand

dollars ($100,000) in direct written premium for lender-placed insurance in this state during the

prior calendar year shall report to the commissioner the following information for the prior calendar

year. This report shall be separately produced for each lender-placed program and presented on

both an individual-jurisdiction and countrywide basis containing the following information:

     (1) Actual loss ratio;

     (2) Earned premium;

     (3) Any aggregate schedule rating debit/credit to earned premium;

     (4) Itemized expenses;

     (5) Paid losses; and

     (6) Loss reserves, including case reserves and reserves for incurred but not reported losses.

     (g) Except in the case of lender-placed flood insurance, to which this paragraph does not

apply, if an insurer experiences an annual loss ratio of less than thirty-five percent (35%) in any

lender-placed program for two (2) consecutive years, it shall submit a rate filing (either adjusting

its rates or supporting their continuance) to the commissioner no more than ninety (90) days after

the submission of the data required pursuant to subsection (f) of this section.

     (h) Except as specifically set forth in this section, rate and form filing requirements shall

be subject to the insurance laws of this state.


 

723)

Section

Added Chapter Numbers:

 

27-6.1-10

404 and 405

 

 

27-6.1-10. Enforcement and judicial review.

     The commissioner shall have all rights and powers to enforce the provisions of this chapter

as provided by § 42-14-16 of the general laws of this state. All proceedings, including judicial

review, shall be conducted in accordance with the administrative procedures act, chapter 35 of title

42 of the general laws. Any penalties shall be assessed in accordance with § 42-14-16.


 

 

 

724)

Section

Added Chapter Numbers:

 

27-6.1-11

404 and 405

 

 

27-6.1-11. Regulatory authority

.

     The commissioner may, after notice and hearing, promulgate reasonable regulations and

orders to carry out and effectuate the provisions of this chapter.


 

 

 

725)

Section

Added Chapter Numbers:

 

27-6.1-12

404 and 405

 

 

27-6.1-12. Severability provisions.

     If any provision of this chapter, or the application of the provision to any person or

circumstance, is for any reason held to be invalid, the remainder of the chapter and the application

of such provision to other persons or circumstances shall not be affected thereby.


 

 

 

 

 

726)

Section

Amended Chapter Numbers:

 

27-7.1-11.1

404 and 405

 

 

27-7.1-11.1. Challenge and review of application of rating system.

     (a) An advisory organization and every insurer subject to this chapter which that makes its

own rate shall provide within this state reasonable means where any person aggrieved by the

application of its rating system may upon that person's written request be heard in person or by the

person's authorized representative representative's written request to review the manner in which

the rating system has been applied in connection with the insurance afforded the aggrieved person.

     (b) Any party affected by the action of an advisory organization or the insurer may, within

thirty (30) days after written notice of that action, make application, in writing, for an appeal to the

director, setting forth the basis for the appeal and the grounds to be relied upon by the applicant. If

the advisory organization or insurer fails to grant or reject the request within thirty (30) days after

it is made, the applicant may proceed in the same manner as if the application has been rejected.

     (c) The director shall review the application and, if the director finds that the application is

made in good faith and that it sets forth on its face grounds which that reasonably justify holding

a hearing, the director shall conduct a hearing held not less than ten (10) days after written notice

to the applicant and to an advisory organization or insurer. The director, after a hearing, shall affirm

or reverse the action of an advisory organization or insurer.

     (d) If, after a hearing held under this section, it is determined that the rates charged by an

insurer are in excess of the appropriate rate, the overcharge shall be refunded to the insured.


 

 

727)

Section

Added Chapter Numbers:

 

27-8.3.

427 and 428

 

 

CHAPTER 8.3

PEER-TO-PEER CAR SHARING PROGRAM


 

 

728)

Section

Added Chapter Numbers:

 

27-8.3-1

427 and 428

 

 

27-8.3-1. Short title.

     This act shall be known and may be cited as the "Peer-to-Peer Car Sharing Program".


 

 

729)

Section

Added Chapter Numbers:

 

27-8.3-2

427 and 428

 

 

27-8.3-2. Applicability.

     The provisions of this chapter apply not withstanding notwithstanding any law, rule, or

regulation to the contrary. Where any provision of this chapter conflicts with any other provision

of law, the provisions of this chapter shall supersede any such conflicting or contradictory

provision.


 

 

730)

Section

Added Chapter Numbers:

 

27-8.3-3

427 and 428

 

 

27-8.3-3. Definitions.

     Except as otherwise provided, the following definitions apply throughout this chapter:

     (1) "Car sharing delivery period" means the period of time during which a shared vehicle

is being delivered to the location of the car sharing start time, if applicable, as documented by the

governing car sharing program agreement.

     (2) "Car sharing period" means the period of time that commences with the car sharing

delivery period or, if there is no car sharing delivery period, that commences with the car sharing

start time and in either case ends at the car sharing termination time.

     (3) "Car sharing program agreement" means the terms and conditions applicable to a shared

vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a peer-

to-peer car sharing program. "Car sharing program agreement" does not mean a rental car

agreement, issued by a motor vehicle rental company as defined in § 31-34.1-1.

     (4) "Car sharing start time" means the time when the shared vehicle becomes subject to the

control of the shared vehicle driver at or after the time the reservation of a shared vehicle is

scheduled to begin as documented in the records of a peer-to-peer car sharing program.

     (5) "Car sharing termination time" means the earliest of the following events:

     (i) The expiration of the agreed upon period of time established for the use of a shared

vehicle according to the terms of the car sharing program agreement if the shared vehicle is

delivered to the location agreed upon in the car sharing program agreement;

     (ii) When the shared vehicle is returned to a location as alternatively agreed upon by the

shared vehicle owner and shared vehicle driver as communicated through a peer-to-peer car sharing

program, which alternatively agreed upon location shall be incorporated into the car sharing

program agreement; or

     (iii) When the shared vehicle owner or the shared vehicle owner's authorized designee,

takes possession and control of the shared vehicle.

     (6) "Peer-to-peer car sharing" means the authorized use of a vehicle by an individual other

than the vehicle's owner through a peer-to-peer car sharing program. "Peer-to-peer car sharing"

does not mean rental car or rental activity as described in chapter 34.1 of title 31.

     (7) "Peer-to-peer car sharing program" means a business platform that connects vehicle

owners with drivers to enable the sharing of vehicles for financial consideration. "Peer-to-peer car

sharing program" does not mean a rental car company as defined in § 31-34.1-1.

     (8) "Shared vehicle" means a vehicle that is available for sharing through a peer-to-peer

car sharing program. "Shared vehicle" does not mean a rental car or rental vehicle as described in

§ 31-34.1-1(4).

     (9) "Shared vehicle driver" means an individual who has been authorized to drive the

shared vehicle by the shared vehicle owner under a car sharing program agreement.

     (10) "Shared vehicle owner" means the registered owner, or a person or entity designated

by the registered owner, of a vehicle made available for sharing to shared vehicle drivers through

a peer-to-peer car sharing program. Shared vehicle owner does not mean "rental company" as

defined in § 31-34.1-1(4).


 

 

 

731)

Section

Added Chapter Numbers:

 

27-8.3-4

427 and 428

 

 

27-8.3-4. Insurance coverage during car sharing period.

     (a) A peer-to-peer car sharing program shall assume liability, except as provided in

subsection (b) of this section, of a shared vehicle owner for bodily injury or property damage to

third parties or uninsured and underinsured motorist or personal injury protection losses during the

car sharing period in an amount stated in the peer-to-peer car sharing program agreement which

amount may not be less than those set forth in § 31-32-2.

     (b) Notwithstanding the definition of "car sharing termination time" as set forth in § 27-

8.3-3, the assumption of liability under subsection (a) of this section does not apply to any shared

vehicle owner when:

     (1) A shared vehicle owner makes an intentional or fraudulent material misrepresentation

or omission to the peer-to-peer car sharing program before the car sharing period in which the loss

occurred; or

     (2) Acting in concert with a shared vehicle driver who fails to return the shared vehicle

pursuant to the terms of a car sharing program agreement.

     (c) Notwithstanding the definition of "car sharing termination time" as set forth in § 27-

8.3-3, the assumption of liability under subsection (a) of this section would apply to bodily injury,

property damage, uninsured and underinsured motorist or personal injury protection losses by

damaged third parties required by § 31-32-2.

     (d) A peer-to-peer car sharing program shall ensure that, during each car sharing period,

the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability

insurance policy that provides insurance coverage in amounts no less than the minimum amounts

set forth in § 31-32-2, and:

     (1) Recognizes that the shared vehicle insured under the policy is made available and used

through a peer-to-peer car sharing program; or

     (2) Does not exclude use of a shared vehicle by a shared vehicle driver.

     (e) The insurance described under subsection (d) of this section may be satisfied by motor

vehicle liability insurance maintained by:

     (1) A shared vehicle owner;

     (2) A shared vehicle driver;

     (3) A peer-to-peer car sharing program; or

     (4) Both a shared vehicle owner, a shared vehicle driver, and a peer-to-peer car sharing

program.

     (f) The insurance described in subsection (e) of this section that is satisfying the insurance

requirement of subsection (d) of this section shall be primary during each car sharing period and in

the event that a claim occurs in another state with minimum financial responsibility limits higher

than the limits contained in § 31-32-2, during the car sharing period, the coverage maintained under

subsection (e) of this section shall satisfy the difference in minimum coverage amounts, up to the

applicable policy limits.

     (g) The insurer, insurers, or peer-to-peer car sharing program providing coverage under

subsections subsection (d) or (e) of this section shall assume primary liability for a claim when:

     (1) A dispute exists as to who was in control of the shared motor vehicle at the time of the

loss and the peer-to-peer car sharing program does not have available, did not retain, or fails to

provide the information required by § 27-8.3-4 this section; or

     (2) A dispute exists as to whether the shared vehicle was returned to the alternatively agreed

upon location as required under § 27-8.3-3(5).

     (h) If insurance maintained by a shared vehicle owner or shared vehicle driver in

accordance with subsection (e) of this section has lapsed or does not provide the required coverage,

insurance maintained by a peer-to-peer car sharing program shall provide the coverage required by

subsection (d) of this section beginning with the first dollar of a claim and have the duty to defend

such claim except under circumstances as set forth in subsection (b) of this section.

     (i) Coverage under an automobile insurance policy maintained by the peer-to-peer car

sharing program shall not be dependent on another automobile insurer first denying a claim nor

shall another automobile insurance policy be required to first deny a claim.

     (j) Nothing in this chapter:

     (1) Limits the liability of the peer-to-peer car sharing program for any act or omission of

the peer-to-peer car sharing program itself that results in injury to any person as a result of the use

of a shared vehicle through a peer-to-peer car sharing program; or

     (2) Limits the ability of the peer-to-peer car sharing program to, by contract, seek

indemnification from the shared vehicle owner or the shared vehicle driver for economic loss

sustained by the peer-to-peer car sharing program resulting from a breach of the terms and

conditions of the car sharing program agreement.


 

 

 

732)

Section

Added Chapter Numbers:

 

27-8.3-5

427 and 428

 

 

27-8.3-5. Notification of implications of lien.

     At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer car

sharing program and prior to the time when the shared vehicle owner makes a shared vehicle

available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing

program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, the

use of the shared vehicle through a peer-to-peer car sharing program, including use without physical

damage coverage, may violate the terms of the contract with the lienholder.


 

 

 

733)

Section

Added Chapter Numbers:

 

27-8.3-6

427 and 428

 

 

27-8.3-6. Exclusions in motor vehicle liability insurance policies.

     (a) An authorized insurer that writes motor vehicle liability insurance in this state may

exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a

shared vehicle owner's motor vehicle liability insurance policy, including, but not limited to:

     (1) Liability coverage for bodily injury and property damage;

     (2) Uninsured and underinsured motorist coverage;

     (3) Medical payments coverage;

     (4) Comprehensive physical damage coverage; and

     (5) Collision physical damage coverage.

     (b) Nothing in this chapter invalidates or limits an exclusion contained in a motor vehicle

liability insurance policy, including any insurance policy in use or approved for use that excludes

coverage for motor vehicles made available for rent, sharing, or hire or for any business use.

     (c) Nothing in this chapter invalidates, limits, or restricts an insurer's ability under existing

law to underwrite any insurance policy. Nothing in this chapter invalidates, limits, or restricts an

insurer's ability under existing law to cancel and non-renew policies.


 

 

 

734)

Section

Added Chapter Numbers:

 

27-8.3-7

427 and 428

 

 

27-8.3-7. Recordkeeping -- Use of vehicle in car sharing.

     A peer-to-peer car sharing program shall collect and verify records pertaining to the use of

a vehicle, including, but not limited to, times used, car sharing period pick up and drop off locations,

fees paid by the shared vehicle driver, and revenues received by the shared vehicle owner and

provide that information upon request to the shared vehicle owner, the shared vehicle owner's

insurer, or the shared vehicle driver's insurer to facilitate a claim coverage investigation, settlement,

negotiation, or litigation. The peer-to-peer car sharing program shall retain the records for a time

period not less than four (4) years.


 

 

 

 

735)

Section

Added Chapter Numbers:

 

27-8.3-8

427 and 428

 

 

27-8.3-8. Exemptions.

     (a) Vicarious liability. A peer-to-peer car sharing program and a shared vehicle owner shall

be exempt from vicarious liability consistent with 49 U.S.C. § 30106 and under any state or local

law that imposes liability solely based on vehicle ownership.

     (b) Rental vehicle surcharge. The receipts of the peer-to-peer car sharing program and the

receipts of the shared vehicle owner from peer-to-peer car sharing shall be exempt from the eight

percent (8%) rental vehicle surcharge as set forth in § 31-34.1-2.


 

 

736)

Section

Added Chapter Numbers:

 

27-8.3-9

427 and 428

 

 

27-8.3-9. Contribution against indemnification.

     A motor vehicle insurer that defends or indemnifies a claim against a shared vehicle that is

excluded under the terms of its policy shall have the right to seek recovery against the motor vehicle

insurer of the peer-to-peer car sharing program if the claim is:

     (1) Made against the shared vehicle owner or the shared vehicle driver for loss or injury

that occurs during the car sharing period; and

     (2) Excluded under the terms of its policy.


 

 

737)

Section

Added Chapter Numbers:

 

27-8.3-10

427 and 428

 

 

27-8.3-10. Insurable interest.

     (a) Notwithstanding any other law, statute, rule, or regulation to the contrary, a peer-to-

peer car sharing program shall have an insurable interest in a shared vehicle during the car sharing

period.

     (b) Nothing in this section creates liability on a peer-to-peer car sharing program to

maintain the coverage mandated by § 27-8.3-4.

     (c) A peer-to-peer car sharing program may own and maintain as the named insured one or

more policies of motor vehicle liability insurance that provides coverage for:

     (1) Liabilities assumed by the peer-to-peer car sharing program under a peer-to-peer car

sharing program agreement;

     (2) Any liability of the shared vehicle owner; or

     (3) Damage or loss to the shared motor vehicle; or any liability of the shared vehicle driver.


 

 

738)

Section

Added Chapter Numbers:

 

27-8.3-11

427 and 428

 

 

27-8.3-11. Consumer protections disclosures.

     Each car sharing program agreement made in this state shall disclose to the shared vehicle

owner and the shared vehicle driver:

     (1) Any right of the peer-to-peer car sharing program to seek indemnification from the

shared vehicle owner or the shared vehicle driver for economic loss sustained by the peer-to-peer

car sharing program resulting from a breach of the terms and conditions of the car sharing program

agreement;

     (2) That a motor vehicle liability insurance policy issued to the shared vehicle owner for

the shared vehicle or to the shared vehicle driver does not provide a defense or indemnification for

any claim asserted by the peer-to-peer car sharing program;

     (3) That the peer-to-peer car sharing program's insurance coverage on the shared vehicle

owner and the shared vehicle driver is in effect only during each car sharing period and that, for

any use of the shared vehicle by the shared vehicle driver after the car sharing termination time, the

shared vehicle driver and the shared vehicle owner may not have insurance coverage;

     (4) The daily rate, fees, and if applicable, any insurance or protection package costs that

are charged to the shared vehicle owner or the shared vehicle driver;

     (5) That the shared vehicle owner's motor vehicle liability insurance may not provide

coverage for a shared vehicle;

     (6) An emergency telephone number to personnel capable of fielding roadside assistance

and other customer service inquiries; and

     (7) If there are conditions under which a shared vehicle driver must maintain a personal

automobile insurance policy with certain applicable coverage limits on a primary basis in order to

book a shared motor vehicle.


 

 

739)

Section

Added Chapter Numbers:

 

27-8.3-12

427 and 428

 

 

27-8.3-12. Driver's license verification and data retention.

     (a) A peer-to-peer car sharing program may not enter into a peer-to-peer car sharing

program agreement with a driver unless the driver who will operate the shared vehicle:

     (1) Holds a driver's license issued under chapter 10 of title 31 that authorizes the driver to

operate vehicles of the class of the shared vehicle; or

     (2) Is a nonresident who:

     (i) Has a driver's license issued by the state or country of the driver's residence that

authorizes the driver in that state or country to drive vehicles of the class of the shared vehicle; and

     (ii) Is at least the same age as that required of a resident to drive; or

     (3) Otherwise is specifically authorized by § 31-10-2 to drive vehicles of the class of the

shared vehicle.

     (b) A peer-to-peer car sharing program shall keep a record of:

     (1) The name and address of the shared vehicle driver;

     (2) The number of the driver's license of the shared vehicle driver and each other person,

if any, who will operate the shared vehicle; and

     (3) The place of issuance of the driver's license.


 

 

740)

Section

Added Chapter Numbers:

 

27-8.3-13

427 and 428

 

 

27-8.3-13. Responsibility for equipment.

     A peer-to-peer car sharing program shall have sole responsibility for any equipment, such

as a GPS system or other special equipment that is put in or on the vehicle to monitor or facilitate

the car sharing transaction, and shall agree to indemnify and hold harmless the vehicle owner for

any damage to or theft of such equipment during the sharing period not caused by the vehicle

owner. The peer-to-peer car sharing program has the right to seek indemnity from the shared vehicle

driver for any loss or damage to such equipment that occurs during the sharing period.


 

 

 

741)

Section

Added Chapter Numbers:

 

27-8.3-14

427 and 428

 

 

27-8.3-14. Automobile safety recalls.

     (a) At the time when a vehicle owner registers as a shared vehicle owner on a peer-to-peer

car sharing program and prior to the time when the shared vehicle owner makes a shared vehicle

available for car sharing on the peer-to-peer car sharing program, the peer-to-peer car sharing

program shall:

     (1) Verify that the shared vehicle does not have any safety recalls on the vehicle for which

the repairs have not been made; and

     (2) Notify the shared vehicle owner of the requirements under subsection (b) of this section.

     (b)(1) If the shared vehicle owner has received an actual notice of a safety recall on the

vehicle, a shared vehicle owner may not make a vehicle available as a shared vehicle on a peer-to-

peer car sharing program until the safety recall repair has been made.

     (2) If a shared vehicle owner receives an actual notice of a safety recall on a shared vehicle

while the shared vehicle is made available on the peer-to-peer car sharing program, the shared

vehicle owner shall remove the shared vehicle as available on the peer-to-peer car sharing program,

as soon as practicably possible after receiving the notice of the safety recall and until the safety

recall repair has been made.

     (3) If a shared vehicle owner receives an actual notice of a safety recall while the shared

vehicle is being used in the possession of a shared vehicle driver, as soon as practicably possible

after receiving the notice of the safety recall, the shared vehicle owner shall notify the peer-to-peer

car sharing program about the safety recall in order that the shared vehicle owner may address the

safety recall repair.


 

 

742)

Section

Repealed Chapter Numbers:

 

27-9-44

404 and 405

 

 

27-9-44. [Repealed].


 

 

 

743)

Section

Amended Chapter Numbers:

 

27-10-6

119 and 120

 

 

27-10-6. Examination.

     (a) The department shall subject the applicant to a written examination as to his or her

competency to act as an insurance claim adjuster. The examination shall test the knowledge of the

individual concerning the duties and responsibilities of an adjuster and the insurance laws and

regulations of this state.

     (b) The department may make arrangements, including contracting with an outside testing

service, for administering examinations and collecting a nonrefundable fee for the examination.

     (c) Each individual applying for an examination shall remit a non-refundable

nonrefundable fee as prescribed by the department.

     (d) An individual who fails to appear for the examination as scheduled or fails to pass the

examination shall reapply for an examination and remit all required fees and forms before being

rescheduled for another examination.

     (e) The department may accept successful completion of an examination administered by

a federal entity in substitute for a state examination for the crop line of authority for

company/independent adjusters.

     (f) The department may also accept, in lieu of the written examination referred to in

subsection (a) of this section, a certification issued by a national or state-based claims association

with a program approved by the department, that includes a proctored exam of sufficient length

and rigor to adequately determine the competence of the applicant and any other requirements set

by the department of business regulation.


 

 

 

744)

Section

Amended Chapter Numbers:

 

27-10-7.1

119 and 120

 

 

27-10-7.1. Nonresident license reciprocity.

     (a) Unless denied licensure, a nonresident person shall receive a nonresident adjuster

license if:

     (1) The person is currently licensed as a resident adjuster and is in good standing in his or

her home state;

     (2) The person has submitted the proper request for licensure and has paid the fees required

by § 27-10-3(a)(6);

     (3) The person has submitted or transmitted to the department the appropriate, completed

application for licensure for the equivalent type of license and lines of authority; and

     (4) The person's home state awards nonresident adjuster licenses to residents of this state

on the same basis.

     (b) The insurance commissioner may verify the adjuster's licensing status through the

database maintained by the NAIC, its affiliates, or subsidiaries.

     (c) As a condition to continuation of an adjuster license issued under this section, the

licensee shall maintain a resident adjuster license in his or her home state. The nonresident adjuster

license issued under this section shall terminate and be surrendered immediately if the home state

adjuster license terminates for any reason, unless the adjuster has been issued a license as a resident

adjuster in his or her new home state. Notification to any state where a nonresident license is issued

must be made as soon as possible, yet no later than thirty (30) days of change in new state resident

license. The licensee shall include new and old addresses in the notification to the department. A

new state resident license is required for nonresident licenses to remain valid. The new state resident

license must have reciprocity with the licensing nonresident state(s) for the nonresident license not

to terminate.

     (d) The department may grant a nonresident license to an adjuster that who holds a current

certificate issued by a national or state based claims association with a program, approved by the

department, that includes at a minimum, a proctored exam of sufficient length and rigor to

adequately determine the competence of the applicant and any other requirements set by the

department of business regulation.


 

 

 

745)

Section

Added Chapter Numbers:

 

27-18-44.1

370 and 371

 

 

27-18-44.1. Hysterectomy or myomectomy treatment.

     Commencing January 1, 2023, any insurer or health care healthcare plan, nonprofit health

medical service plan, or nonprofit hospital service plan that provides coverage for obstetric and

gynecological care for issuance or delivery in the state to any group or individual on an expense-

incurred basis, including a health plan offered by a health insurance carrier or a health maintenance

organization, shall provide coverage for a hysterectomy, myomectomy and laparoscopic removal

of uterine fibroids, including uterine artery embolization, intraoperative ultrasound guidance and

monitoring and radiofrequency ablation.


 

 

 

746)

Section

Amended Chapter Numbers:

 

27-18-65

157 and 158

 

 

27-18-65. Post-payment audits.

     (a) Except as otherwise provided herein, any review, audit, or investigation by a health

insurer or health plan of a healthcare provider's claims that results in the recoupment or set-off of

funds previously paid to the healthcare provider in respect to such claims shall be completed no

later than eighteen (18) months after the completed claims were initially paid, except that the period

for recoupment or set-off for claims submitted by a mental health and/or substance use disorder

provider, for those services, licensed by this state, and participating with the health insurer or health

plan, shall be no later than twelve (12) months. This section shall not restrict any review, audit, or

investigation regarding claims that are submitted fraudulently; are known, or should have been

known, by the healthcare provider to be a pattern of inappropriate billing according to the standards

for provider billing of their respective medical or dental specialties; are related to coordination of

benefits; are duplicate claims; or are subject to any federal law or regulation that permits claims

review beyond the period provided herein.

     (b) No healthcare provider shall seek reimbursement from a payer for underpayment of a

claim later than eighteen (18) months from the date the first payment on the claim was made, except

if the claim is the subject of an appeal properly submitted pursuant to the payer's claims appeal

policies or the claim is subject to continual claims submission.

     (c) For the purposes of this section, "healthcare provider" means an individual clinician,

either in practice independently or in a group, who provides healthcare services, and any healthcare

facility, as defined in § 27-18-1.1, including any mental health and/or substance abuse treatment

facility, physician, or other licensed practitioner as identified to the review agent as having primary

responsibility for the care, treatment, and services rendered to a patient.

     (d) Except for those contracts where the health insurer or plan has the right to unilaterally

amend the terms of the contract, the parties shall be able to negotiate contract terms that allow for

different time frames than is are prescribed herein.


 

 

 

747)

Section

Added Chapter Numbers:

 

27-18-89

151 and 152

 

 

27-18-89. Coverage for biomarker testing.

     (a) As used in this section:

     (1) "Biomarker" means a characteristic that is objectively measured and evaluated as an

indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a

specific therapeutic intervention. Biomarkers include, but are not limited to, gene mutations or

protein expression.

     (2) "Biomarker testing" means the analysis of a patient's tissue, blood, or other biospecimen

for the presence of a biomarker. Biomarker testing includes, but is not limited to, single-analyte

tests, multi-plex panel tests, and whole genome sequencing.

     (3) "Clinical utility" means the test result provides information that is used in the

formulation of a treatment or monitoring strategy that informs a patient's outcome and impacts the

clinical decision. The most appropriate test may include both information that is actionable and

some information that cannot be immediately used in the formulation of a clinical decision.

     (4) "Consensus statements" means statements developed by an independent,

multidisciplinary panel of experts utilizing a transparent methodology and reporting structure and

with a conflict of interest policy. These statements are aimed at specific clinical circumstances and

base the statements on the best available evidence for the purpose of optimizing the outcomes of

clinical care.

     (5) "Nationally recognized clinical practice guidelines" means evidence-based clinical

practice guidelines developed by independent organizations or medical professional societies

utilizing a transparent methodology and reporting structure and with a conflict of interest policy.

Clinical practice guidelines establish standards of care informed by a systematic review of evidence

and an assessment of the benefits and costs of alternative care options and include

recommendations intended to optimize patient care.

     (b) Every individual or group health insurance contract, or every individual or group

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

or renewed in this state on or after January 1, 2024, shall provide coverage for the services of

biomarker testing in accordance with each health insurer's respective principles and mechanisms

of reimbursement, credentialing, and contracting. Biomarker testing must be covered for the

purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee's

disease or condition to guide treatment decisions, when the test provides clinical utility as

demonstrated by medical and scientific evidence, including, but not limited to:

     (1) Labeled indications for an FDA-approved or -cleared test or indicated tests for an FDA-

approved drug;

     (2) Centers for Medicare Services ("CMS") National Coverage Determinations national

coverage determinatons or Medicare Administrative Contractor ("MAC") Local Coverage

Determinations; or

     (3) Nationally recognized clinical practice guidelines and consensus statements.

     (c) Coverage as defined in subsection (b) of this section shall be provided in a manner that

limits disruptions in care including the need for multiple biopsies or biospecimen samples.

     (d) The patient and prescribing practitioner shall have access to clear, readily accessible,

and convenient processes to request an exception to a coverage policy of a health insurer, nonprofit

health service plan, and health maintenance organization. The process shall be made readily

accessible on the health insurers', nonprofit health service plans', or health maintenance

organizations' website.


 

 

 

748)

Section

Added Chapter Numbers:

 

27-18-90

422 and 423

 

 

27-18-90. Mandatory coverage for treatment of pediatric autoimmune

neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset

neuropsychiatric syndrome.

     (a) Every group health insurance contract, or every group hospital or medical expense

insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by

any health insurance carrier, on or after January 1, 2023, shall provide coverage for treatment of

pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and

pediatric acute onset neuropsychiatric syndrome, including, but not limited to, the use of

intravenous immunoglobin therapy.

     (b) For billing and diagnosis purposes, pediatric autoimmune neuropsychiatric disorders

associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome shall

be coded as autoimmune encephalitis until the American Medical Association and the Centers for

Medicare and Medicaid Services create and assign a specific code for pediatric autoimmune

neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset

neuropsychiatric syndrome. Thereafter, pediatric autoimmune neuropsychiatric disorders

associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome may

be coded as autoimmune encephalitis, pediatric autoimmune neuropsychiatric disorders associated

with streptococcal infections, or pediatric acute onset neuropsychiatric syndrome.

     (c) The health care healthcare benefits outlined in this section apply only to services

delivered within the state of Rhode Island; provided, that all health insurance carriers shall be

required to provide coverage for those benefits mandated by this section outside of the state of

Rhode Island where it can be established through a pre-authorization process that the required

services are not available in the state of Rhode Island from a provider in the health insurance

carrier's network.

     (d) Each health insurance carrier shall collect and provide to the office of the health

insurance commissioner, in a form and frequency acceptable to the commissioner, information and

data reflecting the costs and the savings of adding the benefit coverage provided in this section. On

or before January 1, 2025, the office of the health insurance commissioner shall report to the general

assembly a cost-benefit analysis of the implementation of the benefit coverage provided in this

section. The intent of this cost-benefit analysis is to determine if adding the benefit coverage

provided in this section produces a net savings to health insurance carriers and to policy holders.

     (e) This section shall sunset and be repealed effective December 31, 2025.


 

 

 

749)

Section

Amended Chapter Numbers:

 

27-18.2-1

393 and 394

 

 

27-18.2-1. Definitions.

     (a)(1) "Applicant" means:

     (1)(i) In the case of an individual Medicare supplement policy, the person who seeks to

contract for insurance benefits; and

     (2)(ii) In the case of a group Medicare supplement policy, the proposed certificate holder.

     (b)(2) "Certificate" means, for the purposes of this chapter, any certificate delivered or

issued for delivery in this state under a group Medicare supplement policy.

     (c)(3) "Certificate form" means the form on which the certificate is delivered or issued for

delivery by the issuer.

     (d)(4) "Director" means the director of the department of business regulation. or

"Commissioner" means the commissioner for the office of the health insurance commissioner.

     (e)(5) "Issuer" includes insurance companies, fraternal benefit societies, health care

healthcare service plans, health maintenance organizations, and any other entity delivering or

issuing for delivery in this state Medicare supplement policies or certificates.

     (f)(6) "Medicare" means the "Health Insurance for the Aged Act," 42 U.S.C. § 1395 et seq.

     (g)(7) "Medicare supplement policy" means a group or individual policy of accident and

sickness insurance, as defined in § 27-18-1, or a subscriber contract of a nonprofit hospital service

corporation or of a nonprofit medical service corporation or an evidence of coverage of a health

maintenance organization as defined in § 42-62-4(5) or as licensed under chapter 41 of this title,

other than a policy issued pursuant to a contract under Section 1876 of the Federal federal Social

Security Act, 42 U.S.C. § 1395mm, or an issued policy under a demonstration project specified in

42 U.S.C. § 1395ss(g)(1), which is advertised, marketed or designed primarily as a supplement to

reimbursements under Medicare for the hospital, medical or surgical expenses of persons eligible

for Medicare.

     (h)(8) "Policy form" means the form on which the policy is delivered or issued for delivery

by the issuer.


 

 

750)

Section

Amended Chapter Numbers:

 

27-18.2-3

393 and 394

 

 

27-18.2-3. Standards for policy provisions.

     (a) No Medicare supplement insurance policy or certificate in force in the state shall contain

benefits which that duplicate benefits provided by Medicare.

     (b) Notwithstanding any other provision of law of this state, a Medicare supplement policy

or certificate shall not exclude or limit benefits for loss incurred more than six (6) months from the

effective date of coverage because it involved a preexisting condition. The policy or certificate shall

not define a preexisting condition more restrictively than a condition for which medical advice was

given or treatment was recommended by or received from a physician within six (6) months before

the effective date of coverage.

     (c) The director commissioner shall adopt reasonable regulations to establish specific

standards for policy provisions of Medicare supplement policies and certificates. Those standards

shall be in addition to and in accordance with the applicable laws of this state, including but not

limited to §§ 27-18-3(a) and 42-62-12 and regulations promulgated pursuant to those sections. No

requirement of this title or chapter 62 of title 42 relating to minimum required policy benefits, other

than the minimum standards contained in this chapter, shall apply to Medicare supplement policies

and certificates. The standards may cover, but not be limited to:

     (1) Terms of renewability;

     (2) Initial and subsequent conditions of eligibility;

     (3) Nonduplication of coverage;

     (4) Probationary periods;

     (5) Benefit limitations, exceptions, and reductions;

     (6) Elimination periods;

     (7) Requirements for replacement;

     (8) Recurrent conditions; and

     (9) Definitions of terms.

     (d) The director commissioner may adopt reasonable regulations that specify prohibited

policy provisions not specifically authorized by statute, if, in the opinion of the director

commissioner, those provisions are unjust, unfair, or unfairly discriminatory to any person insured

or proposed to be insured under a Medicare supplement policy or certificate.

     (e) The director commissioner shall adopt reasonable regulations to establish minimum

standards for premium rates, benefits, claims payment, marketing practices, and compensation

arrangements and reporting practices for Medicare supplement policies and certificates.

     (f) The director commissioner may adopt any reasonable regulations necessary to conform

Medicare supplement policies and certificates to the requirements of federal law and regulations

promulgated pursuant to federal law, including but not limited to:

     (1) Requiring refunds or credits if the policies or certificates do not meet loss ratio

requirements;

     (2) Establishing a uniform methodology for calculating and reporting loss ratios;

     (3) Assuring public access to policies, premiums, and loss ratio information of issuers of

Medicare supplement insurance;

     (4) Establishing a process for approving or disapproving policy forms and certificate forms

and proposed premium increases;

     (5) Establishing a policy for holding public hearings prior to approval of premium increases

which that may include the applicant's provision of notice of the proposed premium increase to all

subscribers subject to the proposed increase, at least ten (10) days prior to the hearing; and

     (6) Establishing standards for Medicare select policies and certificates.

     (g) Each Medicare supplement Plan A policy or applicable certificate that an issuer

currently, or at any time hereafter, makes available in this state shall be made available to any

applicant under the age of sixty-five (65) who is eligible for Medicare due to a disability or end-

stage renal disease, provided that the applicant submits their application during the first six (6)

months immediately following the applicant's initial eligibility for Medicare Part B, or alternate

enrollment period as determined by the commissioner. The issuance or coverage of any Medicare

supplement policy pursuant to this section shall not be conditioned on the medical or health status

or receipt of health care by the applicant; and no insurer shall perform individual medical

underwriting on any applicant in connection with the issuance of a policy pursuant to this

subsection.


 

 

 

751)

Section

Added Chapter Numbers:

 

27-18.2-3.1

393 and 394

 

 

27-18.2-3.1. Premium rate review.

     (a) An issuer shall not deliver or issue for delivery a policy or certificate to a resident of

this state unless the policy form or certificate form has been filed with and approved by the

commissioner in accordance with filing requirements and procedures prescribed by the

commissioner.

     (b) The commissioner shall review the rate, rating formula, or rate manual filing and

approve the filing, propose to the health insurance issuer how the filing can be amended and

approved, or take such other actions separately or in combination as the commissioner deems

appropriate and as authorized by law.

     (c) The commissioner may approve, disapprove, or modify the rates, rating formula, or

rating manual filed by the issuer.

     (d) A health insurance rate, rating formula, or rate manual shall not be approved unless the

commissioner determines that the health insurance issuer has demonstrated to the satisfaction of

the commissioner that it is consistent with the proper conduct of the business of the issuer, and

consistent with the interests of the public. In considering the interests of the public, the

commissioner shall seek to ensure affordability and to minimize unreasonable disparities in access

to coverage.


 

 

 

752)

Section

Added Chapter Numbers:

 

27-18.5-10.1

145 and 146

 

 

27-18.5-10.1. Special enrollment - Pregnancy.

     (a) In general. A carrier shall establish a special enrollment period that allows for the

enrollment of a pregnant individual at any time after the commencement of the pregnancy.

Coverage shall be effective as of the first of the month in which the pregnant individual applies for

coverage. This special enrollment period shall be applicable to all health insurance coverage offered

by a carrier.

     (b) Non-interference with federal and state law. Nothing in subsection (a) of this section

shall be construed to conflict with or preempt any other applicable requirements for enrollment in

health insurance coverage under federal and state law. The special enrollment period described in

subsection (a) is in addition to any other special enrollment periods that are required under federal

and state law.


 

 

753)

Section

Added Chapter Numbers:

 

27-18.6-3.1

145 and 146

 

 

27-18.6-3.1. Special enrollment - Pregnancy.

     (a) In general. A group health plan and a carrier shall establish a special enrollment period

that allows for the enrollment of a pregnant individual at any time after the commencement of the

pregnancy. Coverage shall be effective as of the first of the month in which the pregnant individual

applies for coverage. This special enrollment period shall be applicable to all group health insurance

coverage and health insurance coverage offered by a group health plan or a carrier.

     (b) Non-interference with federal and state law. Nothing in subsection (a) of this section

shall be construed to conflict with or preempt any other applicable requirements for enrollment in

health insurance coverage under federal and state law. The special enrollment period described in

subsection (a) is in addition to any other special enrollment periods that are required under federal

and state law.


 

 

 

754)

Section

Amended Chapter Numbers:

 

27-19-6

147 and 148

 

 

27-19-6. Rates charged subscribers -- Reserves.

     (a) Public hearings General: The rates proposed to be charged or a rating formula proposed

to be used by any corporation organized under this chapter to employers, the state or any political

subdivision of the state, or individuals, shall be filed by the corporation at the office of the health

insurance commissioner (the "commissioner")Within sixty (60) days after receipt of the

application, the commissioner, or his or her designee shall hold a hearing on all rates proposed for

health insurance coverage offered in the individual market as defined in § 27-18.5-2 upon not less

than ten (10) days written notice prior to the hearing. With regard to any other rates subject to the

commissioner's jurisdiction the commissioner, or his or her designee, may hold a hearing upon not

less than ten (10) days written notice prior to the hearing. The notice shall be published by the

commissioner in a newspaper or newspapers having aggregate general circulation throughout the

state at least ten (10) days prior to the hearing. The notice shall contain a description of the rates

proposed to be charged and a copy of the notice shall be sent to the applicant and to the department

of the attorney general. In addition, the applicant shall provide by mail, at least ten (10) days prior

to the hearing, notice of the proposed rate increase for health insurance coverage offered in the

individual market as defined in § 27-18.5-2 to all subscribers subject to the proposed rate increase.

     (b) Public hearings: Within ten (10) days after receipt of a filing, the commissioner shall

determine, subject to the provisions of subsection (f) of this section, whether they intend to hold a

public meeting or a public hearing at which time notice of such determination shall be sent to the

insurance advocacy unit of the attorney general. Any such public hearing shall commence within

sixty (60) days after receipt of the application, upon not less than ten (10) days written notice prior

to the hearing, published by the commissioner in a newspaper or newspapers having aggregate

general circulation throughout the state, at least ten (10) days prior to the hearing. The notice shall

contain a description of the rates proposed to be charged and a copy of the notice shall be sent to

the applicant and to the department of the attorney general. In the event there is a public hearing,

the attorney general may engage the services of any expert or consultant necessary to assist in

reviewing the filing, including having the ability to seek additional relevant information from the

filer. All public hearings held pursuant to this section shall be held in accordance with the

provisions of chapter 35 of title 42.

     (b)(c) Filings with the Attorney General's Office attorney general’s office: The applicant

shall provide a copy of the filing on all rates proposed for health insurance coverage offered in the

individual market as defined in § 27-18.5-2 to the Insurance Advocacy Unit of the Attorney

General's Office insurance advocacy unit of the attorney general's office simultaneously with the

filing at the office of the health insurance commissioner.

     (c)(d) Procedures: At any hearing held under this section, the applicant shall be required to

establish that the rates proposed to be charged or the rating formula to be used are consistent with

the proper conduct of its business and with the interest of the public.

     Rates proposed to be charged by any corporation organized under this chapter shall be

sufficient to maintain total reserves in a dollar amount sufficient to pay claims and operating

expenses for not less than one month. Those reserves shall be computed as of each December 31st,

and a report setting forth the computation shall be submitted to the commissioner together with the

corporation's Rhode Island annual statement to the commissioner. Any documents presented in

support of a filing of proposed rates under this section shall be made available for inspection by

any party entitled to participate in a hearing or admitted as an intervenor in a hearing or such

conditions as the commissioner may prescribe provided under this section at a time and at a place

as the commissioner may deem reasonable. The commissioner, or his or her designee, upon the

hearing, may administer oaths, examine and cross-examine witnesses, receive oral and

documentary evidence, and shall have the power to subpoena witnesses, compel their attendance,

and require the production of books, papers, records, correspondence, or other documents which

he or she deems relevant. The commissioner shall issue a decision as soon as is reasonably possible

following the completion of the hearing. The decision may approve, disapprove, or modify the rates

proposed to be charged by the applicant. Applicants requesting changes in rates shall underwrite

the reasonable expenses of the commissioner in connection with the hearing, including any costs

related to advertisements, stenographic reporting, and expert witnesses fees.

     (1) The applicant shall be required to establish that the rates proposed to be charged are

consistent with the proper conduct of its business and with the interest of the public.

     (2) Any documents presented in support of a filing of proposed rates under this section

shall be made available for public examination at a time and place that the commissioner may deem

reasonable.

     (3) If a public hearing is held pursuant to subsection (b) of this section, the commissioner,

or designee, upon the hearing, may administer oaths, examine and cross-examine witnesses, receive

oral and documentary evidence, and shall have the power to subpoena witnesses, compel their

attendance, and require the production of books, papers, records, correspondence, or other

documents which they deem relevant. Any designee who shall conduct a hearing pursuant to this

section shall report their findings, in writing, to the commissioner, within a reasonable time

following the conclusion of the hearing, with a recommendation for approval, disapproval, or

modification of the rates proposed to be charged by the applicant. The commissioner shall make

and issue a decision not later than ten (10) days following the issuance of the recommended decision

or, if the commissioner hears the application without the appointment of a designee, as soon as is

reasonably possible following the completion of the hearing on the proposed rate change. The

decision may approve, disapprove, or modify the rates proposed to be charged by the applicant.

     (d)(e) The term "designee," as used in this section, shall mean a person who is impartial; a

member in good standing of the Rhode Island bar; and a person who is sufficiently acquainted with

the rules of evidence as used in the superior court of the state so as to enable that person to conduct

a hearing as designee of the commissioner. The reasonable per diem cost of the designee, as

appointed by the commissioner, shall be paid by the applicant requesting changes in the rates.

     (f) Notwithstanding any provision of this section to the contrary, the commissioner shall

hold a public hearing in any instance where the applicant covers ten thousand (10,000) or more

enrolled individuals in the individual market, and the rates proposed in the filing for the annual rate

increase for products offered in the individual market produce an overall average rate increase of

ten percent (10%) or more. The commissioner shall require that any filing for a rate increase for

products offered in the individual market shall include the calculation of the "overallaverage-rate

increase" in order to determine whether a public hearing is required.

     (1) For the purposes of this section, the calculation of the "overall, average-rate increase"

shall be based on the overall average increase percent weighted by member premiums, excluding

the effects of age scale increases. To calculate the overall, average-rate increase, the applicant shall

multiply the proposed rate increase by product, times the total monthly renewing premium for each

product, and then divide the product by the sum of monthly renewing premiums for all products.

The commissioner shall require this calculation to be provided as part of the applicant's individual

market rate filing.

     (g) In the event that subsection (f) of this section, in combination with § 42-62-13(b), would

result in more than one public hearing in any given calendar year, the commissioner may defer one

or more public hearing(s) for an applicant resulting from subsection (f) of this section or § 42-62-

13(b) until the subsequent calendar year, with the provision that one of the deferred applicants shall

be required to have a public hearing in the subsequent year, whether or not the applicants' filing

satisfies the requirements of subsection (f) of this section or § 42-62-13(b) in that subsequent

calendar year.

     (h) The commissioner shall notify the attorney general of the filing(s) to be deferred and

the attorney general shall be given the opportunity to provide written comments and

recommendations to the commissioner regarding any such filing(s) deferred in accordance with

subsection (g) of this section.

     (i) Notwithstanding any other provision of law to the contrary, the filing of proposed rates

or a rating formula, and the holding and conducting of any public hearing in connection with these

proposed rates or rating formula, shall be held in accordance with the provisions of chapter 35 of

title 42.

     (j) Public comment. Whether or not a public hearing is held pursuant to subsection (f) of

this section, the commissioner shall solicit public comment regarding the rates proposed to be

charged. Public comment shall be solicited upon not less than ten (10) days written notice prior to

the date that either:

     (1) A public meeting at which verbal comments may be provided; or

     (2) That written comment must be received by the commissioner.

     The notice shall contain a description of the rates proposed to be charged, or the formula

proposed to be used, and a copy of the notice shall be sent to the applicant and to the insurance

advocacy unit of the department of the attorney general. The attorney general shall be permitted to

conduct discovery in relation to the actuarial analysis and actuarial assumptions of the filer

regarding any filing in the individual market as defined in § 27-18.5-2. Any documents presented

in support of the filing under this section shall be made available for public examination at a time

and place that the commissioner may deem reasonable.

     (k) The applicant shall bear reasonable expenses of the commissioner in connection with a

filing made pursuant to this section, including any costs related to advertisements, stenographic

reporting, and expert fees, regardless of whether a public hearing is held. The applicant shall bear

reasonable expenses of the attorney general in relation to any public hearing conducted pursuant to

this section. The applicant shall bear reasonable expenses of the attorney general in relation to any

filing in the individual market that is not subject to a public hearing.


 

 

 

755)

Section

Added Chapter Numbers:

 

27-19-36.1

370 and 371

 

 

27-19-36.1. Hysterectomy or myomectomy treatment.

     Commencing January 1, 2023, any insurer or health care healthcare plan, nonprofit health

medical service plan, or nonprofit hospital service plan that provides coverage for obstetric and

gynecological care for issuance or delivery in the state to any group or individual on an expense-

incurred basis, including a health plan offered by a health insurance carrier or a health maintenance

organization, shall provide coverage for a hysterectomy, myomectomy and laparoscopic removal

of uterine fibroids, including uterine artery embolization, intraoperative ultrasound guidance and

monitoring and radiofrequency ablation.


 

 

 

756)

Section

Amended Chapter Numbers:

 

27-19-56

157 and 158

 

 

27-19-56. Post-payment audits.

     (a) Except as otherwise provided herein, any review, audit, or investigation by a nonprofit

hospital service corporation of a healthcare provider's claims that results in the recoupment or set-

off of funds previously paid to the healthcare provider in respect to such claims shall be completed

no later than eighteen (18) months after the completed claims were initially paid, except that the

period for recoupment or set-off for claims submitted by a mental health and/or substance use

disorder provider, for those services, licensed by this state, and participating with the health insurer

or health plan, shall be no later than twelve (12) months. This section shall not restrict any review,

audit, or investigation regarding claims that are submitted fraudulently; are known, or should have

been known, by the healthcare provider to be a pattern of inappropriate billing according to the

standards for provider billing of their respective medical or dental specialties; are related to

coordination of benefits; are duplicate claims; or are subject to any federal law or regulation that

permits claims review beyond the period provided herein.

     (b) No healthcare provider shall seek reimbursement from a payer for underpayment of a

claim later than eighteen (18) months from the date the first payment on the claim was made, except

if the claim is the subject of an appeal properly submitted pursuant to the payer's claims appeal

policies or the claim is subject to continual claims submission.

     (c) For the purposes of this section, "healthcare provider" means an individual clinician,

either in practice independently or in a group, who provides healthcare services, and any healthcare

facility, as defined in § 27-18-1.1, including any mental health and/or substance abuse treatment

facility, physician, or other licensed practitioner identified to the review agent as having primary

responsibility for the care, treatment, and services rendered to a patient.

     (d) Except for those contracts where the health insurer or plan has the right to unilaterally

amend the terms of the contract, the parties shall be able to negotiate contract terms that allow for

different time frames than is are prescribed herein.


 

 

757)

Section

Added Chapter Numbers:

 

27-19-81

151 and 152

 

 

27-19-81. Coverage for biomarker testing.

     (a) As used in this section:

     (1) "Biomarker" means a characteristic that is objectively measured and evaluated as an

indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a

specific therapeutic intervention. Biomarkers include but are not limited to gene mutations or

protein expression.

     (2) "Biomarker testing" is the analysis of a patient's tissue, blood, or other biospecimen for

the presence of a biomarker. Biomarker testing includes but is not limited to single-analyte tests,

multi-plex panel tests, and whole genome sequencing.

     (3) "Clinical utility" means the test result provides information that is used in the

formulation of a treatment or monitoring strategy that informs a patient's outcome and impacts the

clinical decision. The most appropriate test may include both information that is actionable and

some information that cannot be immediately used in the formulation of a clinical decision.

     (4) "Consensus statements" as used here are statements developed by an independent,

multidisciplinary panel of experts utilizing a transparent methodology and reporting structure and

with a conflict of interest policy. These statements are aimed at specific clinical circumstances and

base the statements on the best available evidence for the purpose of optimizing the outcomes of

clinical care.

     (5) "Nationally recognized clinical practice guidelines" as used here are evidence-based

clinical practice guidelines developed by independent organizations or medical professional

societies utilizing a transparent methodology and reporting structure and with a conflict of interest

policy. Clinical practice guidelines establish standards of care informed by a systematic review of

evidence and an assessment of the benefits and costs of alternative care options and include

recommendations intended to optimize patient care.

     (b) Every individual or group health insurance contract, or every individual or group

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

or renewed in this state on or after January 1, 2024, shall provide coverage for the services of

biomarker testing in accordance with each health insurer's respective principles and mechanisms

of reimbursement, credentialing, and contracting. Biomarker testing must be covered for the

purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee's

disease or condition to guide treatment decisions, when the test provides clinical utility as

demonstrated by medical and scientific evidence, including, but not limited to:

     (1) Labeled indications for an FDA-approved or -cleared test or indicated tests for an FDA-

approved drug;

     (2) Centers for Medicare Services ("CMS") National Coverage Determinations national

coverage determinations or Medicare Administrative Contractor ("MAC") Local Coverage

Determinations; or

     (3) Nationally recognized clinical practice guidelines and consensus statements.

     (c) Coverage as defined in subsection (b) is provided in a manner that limits disruptions in

care including the need for multiple biopsies or biospecimen samples.

     (d) The patient and prescribing practitioner shall have access to clear, readily accessible,

and convenient processes to request an exception to a coverage policy of a health insurer, nonprofit

health service plan, and health maintenance organization. The process shall be made readily

accessible on the health insurers', nonprofit health service plans', or health maintenance

organizations' website.


 

 

758)

Section

Added Chapter Numbers:

 

27-19-82

422 and 423

 

 

27-19-82. Mandatory coverage for treatment of pediatric autoimmune

neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset

neuropsychiatric syndrome.

     (a) Every group health insurance contract, or every group hospital or medical expense

insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by

any health insurance carrier, on or after January 1, 2023, shall provide coverage for treatment of

pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and

pediatric acute onset neuropsychiatric syndrome, including, but not limited to, the use of

intravenous immunoglobin therapy.

     (b) For billing and diagnosis purposes, pediatric autoimmune neuropsychiatric disorders

associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome shall

be coded as autoimmune encephalitis until the American Medical Association and the Centers for

Medicare and Medicaid Services create and assign a specific code for pediatric autoimmune

neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset

neuropsychiatric syndrome. Thereafter, pediatric autoimmune neuropsychiatric disorders

associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome may

be coded as autoimmune encephalitis, pediatric autoimmune neuropsychiatric disorders associated

with streptococcal infections, or pediatric acute onset neuropsychiatric syndrome.

     (c) The health care healthcare benefits outlined in this section apply only to services

delivered within the state of Rhode Island; provided, that all health insurance carriers shall be

required to provide coverage for those benefits mandated by this section outside of the state of

Rhode Island where it can be established through a pre-authorization process that the required

services are not available in the state of Rhode Island from a provider in the health insurance

carrier's network.

     (d) Each health insurance carrier shall collect and provide to the office of the health

insurance commissioner, in a form and frequency acceptable to the commissioner, information and

data reflecting the costs and the savings of adding the benefit coverage provided in this section. On

or before January 1, 2025, the office of the health insurance commissioner shall report to the general

assembly a cost-benefit analysis of the implementation of the benefit coverage provided in this

section. The intent of this cost-benefit analysis is to determine if adding the benefit coverage

provided in this section produces a net savings to health insurance carriers and to policy holders.

     (e) This section shall sunset and be repealed effective December 31, 2025.


 

759)

Section

Amended Chapter Numbers:

 

27-19-6

147 and 148

 

 

27-19-6. Rates charged subscribers -- Reserves.

     (a) Public hearings General: The rates proposed to be charged or a rating formula proposed

to be used by any corporation organized under this chapter to employers, the state or any political

subdivision of the state, or individuals, shall be filed by the corporation at the office of the health

insurance commissioner (the "commissioner")Within sixty (60) days after receipt of the

application, the commissioner, or his or her designee shall hold a hearing on all rates proposed for

health insurance coverage offered in the individual market as defined in § 27-18.5-2 upon not less

than ten (10) days written notice prior to the hearing. With regard to any other rates subject to the

commissioner's jurisdiction the commissioner, or his or her designee, may hold a hearing upon not

less than ten (10) days written notice prior to the hearing. The notice shall be published by the

commissioner in a newspaper or newspapers having aggregate general circulation throughout the

state at least ten (10) days prior to the hearing. The notice shall contain a description of the rates

proposed to be charged and a copy of the notice shall be sent to the applicant and to the department

of the attorney general. In addition, the applicant shall provide by mail, at least ten (10) days prior

to the hearing, notice of the proposed rate increase for health insurance coverage offered in the

individual market as defined in § 27-18.5-2 to all subscribers subject to the proposed rate increase.

     (b) Public hearings: Within ten (10) days after receipt of a filing, the commissioner shall

determine, subject to the provisions of subsection (f) of this section, whether they intend to hold a

public meeting or a public hearing at which time notice of such determination shall be sent to the

insurance advocacy unit of the attorney general. Any such public hearing shall commence within

sixty (60) days after receipt of the application, upon not less than ten (10) days written notice prior

to the hearing, published by the commissioner in a newspaper or newspapers having aggregate

general circulation throughout the state, at least ten (10) days prior to the hearing. The notice shall

contain a description of the rates proposed to be charged and a copy of the notice shall be sent to

the applicant and to the department of the attorney general. In the event there is a public hearing,

the attorney general may engage the services of any expert or consultant necessary to assist in

reviewing the filing, including having the ability to seek additional relevant information from the

filer. All public hearings held pursuant to this section shall be held in accordance with the

provisions of chapter 35 of title 42.

     (b)(c) Filings with the Attorney General's Office attorney general’s office: The applicant

shall provide a copy of the filing on all rates proposed for health insurance coverage offered in the

individual market as defined in § 27-18.5-2 to the Insurance Advocacy Unit of the Attorney

General's Office insurance advocacy unit of the attorney general's office simultaneously with the

filing at the office of the health insurance commissioner.

     (c)(d) Procedures: At any hearing held under this section, the applicant shall be required to

establish that the rates proposed to be charged or the rating formula to be used are consistent with

the proper conduct of its business and with the interest of the public.

     Rates proposed to be charged by any corporation organized under this chapter shall be

sufficient to maintain total reserves in a dollar amount sufficient to pay claims and operating

expenses for not less than one month. Those reserves shall be computed as of each December 31st,

and a report setting forth the computation shall be submitted to the commissioner together with the

corporation's Rhode Island annual statement to the commissioner. Any documents presented in

support of a filing of proposed rates under this section shall be made available for inspection by

any party entitled to participate in a hearing or admitted as an intervenor in a hearing or such

conditions as the commissioner may prescribe provided under this section at a time and at a place

as the commissioner may deem reasonable. The commissioner, or his or her designee, upon the

hearing, may administer oaths, examine and cross-examine witnesses, receive oral and

documentary evidence, and shall have the power to subpoena witnesses, compel their attendance,

and require the production of books, papers, records, correspondence, or other documents which

he or she deems relevant. The commissioner shall issue a decision as soon as is reasonably possible

following the completion of the hearing. The decision may approve, disapprove, or modify the rates

proposed to be charged by the applicant. Applicants requesting changes in rates shall underwrite

the reasonable expenses of the commissioner in connection with the hearing, including any costs

related to advertisements, stenographic reporting, and expert witnesses fees.

     (1) The applicant shall be required to establish that the rates proposed to be charged are

consistent with the proper conduct of its business and with the interest of the public.

     (2) Any documents presented in support of a filing of proposed rates under this section

shall be made available for public examination at a time and place that the commissioner may deem

reasonable.

     (3) If a public hearing is held pursuant to subsection (b) of this section, the commissioner,

or designee, upon the hearing, may administer oaths, examine and cross-examine witnesses, receive

oral and documentary evidence, and shall have the power to subpoena witnesses, compel their

attendance, and require the production of books, papers, records, correspondence, or other

documents which they deem relevant. Any designee who shall conduct a hearing pursuant to this

section shall report their findings, in writing, to the commissioner, within a reasonable time

following the conclusion of the hearing, with a recommendation for approval, disapproval, or

modification of the rates proposed to be charged by the applicant. The commissioner shall make

and issue a decision not later than ten (10) days following the issuance of the recommended decision

or, if the commissioner hears the application without the appointment of a designee, as soon as is

reasonably possible following the completion of the hearing on the proposed rate change. The

decision may approve, disapprove, or modify the rates proposed to be charged by the applicant.

     (d)(e) The term "designee," as used in this section, shall mean a person who is impartial; a

member in good standing of the Rhode Island bar; and a person who is sufficiently acquainted with

the rules of evidence as used in the superior court of the state so as to enable that person to conduct

a hearing as designee of the commissioner. The reasonable per diem cost of the designee, as

appointed by the commissioner, shall be paid by the applicant requesting changes in the rates.

     (f) Notwithstanding any provision of this section to the contrary, the commissioner shall

hold a public hearing in any instance where the applicant covers ten thousand (10,000) or more

enrolled individuals in the individual market, and the rates proposed in the filing for the annual rate

increase for products offered in the individual market produce an overall average rate increase of

ten percent (10%) or more. The commissioner shall require that any filing for a rate increase for

products offered in the individual market shall include the calculation of the "overall, average-rate

increase" in order to determine whether a public hearing is required.

     (1) For the purposes of this section, the calculation of the "overall, average-rate increase"

shall be based on the overall average increase percent weighted by member premiums, excluding

the effects of age scale increases. To calculate the overall, average-rate increase, the applicant shall

multiply the proposed rate increase by product, times the total monthly renewing premium for each

product, and then divide the product by the sum of monthly renewing premiums for all products.

The commissioner shall require this calculation to be provided as part of the applicant's individual

market rate filing.

     (g) In the event that subsection (f) of this section, in combination with § 42-62-13(b), would

result in more than one public hearing in any given calendar year, the commissioner may defer one

or more public hearing(s) for an applicant resulting from subsection (f) of this section or § 42-62-

13(b) until the subsequent calendar year, with the provision that one of the deferred applicants shall

be required to have a public hearing in the subsequent year, whether or not the applicants' filing

satisfies the requirements of subsection (f) of this section or § 42-62-13(b) in that subsequent

calendar year.

     (h) The commissioner shall notify the attorney general of the filing(s) to be deferred and

the attorney general shall be given the opportunity to provide written comments and

recommendations to the commissioner regarding any such filing(s) deferred in accordance with

subsection (g) of this section.

     (i) Notwithstanding any other provision of law to the contrary, the filing of proposed rates

or a rating formula, and the holding and conducting of any public hearing in connection with these

proposed rates or rating formula, shall be held in accordance with the provisions of chapter 35 of

title 42.

     (j) Public comment. Whether or not a public hearing is held pursuant to subsection (f) of

this section, the commissioner shall solicit public comment regarding the rates proposed to be

charged. Public comment shall be solicited upon not less than ten (10) days written notice prior to

the date that either:

     (1) A public meeting at which verbal comments may be provided; or

     (2) That written comment must be received by the commissioner.

     The notice shall contain a description of the rates proposed to be charged, or the formula

proposed to be used, and a copy of the notice shall be sent to the applicant and to the insurance

advocacy unit of the department of the attorney general. The attorney general shall be permitted to

conduct discovery in relation to the actuarial analysis and actuarial assumptions of the filer

regarding any filing in the individual market as defined in § 27-18.5-2. Any documents presented

in support of the filing under this section shall be made available for public examination at a time

and place that the commissioner may deem reasonable.

     (k) The applicant shall bear reasonable expenses of the commissioner in connection with a

filing made pursuant to this section, including any costs related to advertisements, stenographic

reporting, and expert fees, regardless of whether a public hearing is held. The applicant shall bear

reasonable expenses of the attorney general in relation to any public hearing conducted pursuant to

this section. The applicant shall bear reasonable expenses of the attorney general in relation to any

filing in the individual market that is not subject to a public hearing.


 

 

 

760)

Section

Added Chapter Numbers:

 

27-20-31.1

370 and 371

 

 

27-20-31.1. Hysterectomy or myomectomy treatment.

     Commencing January 1, 2023, any insurer or health care healthcare plan, nonprofit health

medical service plan, or nonprofit hospital service plan that provides coverage for obstetric and

gynecological care for issuance or delivery in the state to any group or individual on an expense-

incurred basis, including a health plan offered by a health insurance carrier or a health maintenance

organization, shall provide coverage for a hysterectomy, myomectomy and laparoscopic removal

of uterine fibroids, including uterine artery embolization, intraoperative ultrasound guidance and

monitoring and radiofrequency ablation.


 

 

 

761)

Section

Amended Chapter Numbers:

 

27-20-51

157 and 158

 

 

27-20-51. Post-payment audits.

     (a) Except as otherwise provided herein, any review, audit, or investigation by a nonprofit

medical service corporation of a healthcare provider's claims that results in the recoupment or set-

off of funds previously paid to the healthcare provider in respect to such claims shall be completed

no later than eighteen (18) months after the completed claims were initially paid, except that the

period for recoupment or set-off for claims submitted by a mental health and/or substance use

disorder provider, for those services, licensed by this state, and participating with the health insurer

or health plan, shall be no later than twelve (12) months. This section shall not restrict any review,

audit, or investigation regarding claims that are submitted fraudulently; are known, or should have

been known, by the healthcare provider to be a pattern of inappropriate billing according to the

standards for provider billing of their respective medical or dental specialties; are related to

coordination of benefits; are duplicate claims; or are subject to any federal law or regulation that

permits claims review beyond the period provided herein.

     (b) No healthcare provider shall seek reimbursement from a payer for underpayment of a

claim later than eighteen (18) months from the date the first payment on the claim was made, except

if the claim is the subject of an appeal properly submitted pursuant to the payer's claims appeal

policies or the claim is subject to continual claims submission.

     (c) For the purposes of this section, "healthcare provider" means an individual clinician,

either in practice independently or in a group, who provides healthcare services, and any healthcare

facility, as defined in § 27-20-1, including any mental health and/or substance abuse treatment

facility, physician, or other licensed practitioner identified to the review agent as having primary

responsibility for the care, treatment, and services rendered to a patient.

     (d) Except for those contracts where the health insurer or plan has the right to unilaterally

amend the terms of the contract, the parties shall be able to negotiate contract terms which allow

for different time frames than is are prescribed herein.


 

 

 

762)

Section

Added Chapter Numbers:

 

27-20-77

151 and 152

 

 

27-20-77. Coverage for biomarker testing.

     (a) As used in this section:

     (1) "Biomarker" means a characteristic that is objectively measured and evaluated as an

indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a

specific therapeutic intervention. Biomarkers include, but are not limited to, gene mutations or

protein expression.

     (2) "Biomarker testing" is the analysis of a patient's tissue, blood, or other biospecimen for

the presence of a biomarker. Biomarker testing includes, but is not limited to, single-analyte tests,

multi-plex panel tests, and whole genome sequencing.

     (3) "Clinical utility" means the test result provides information that is used in the

formulation of a treatment or monitoring strategy that informs a patient's outcome and impacts the

clinical decision. The most appropriate test may include both information that is actionable and

some information that cannot be immediately used in the formulation of a clinical decision.

     (4) "Consensus statements" as used here are statements developed by an independent,

multidisciplinary panel of experts utilizing a transparent methodology and reporting structure and

with a conflict of interest policy. These statements are aimed at specific clinical circumstances and

base the statements on the best available evidence for the purpose of optimizing the outcomes of

clinical care.

     (5) "Nationally recognized clinical practice guidelines" as used here are evidence-based

clinical practice guidelines developed by independent organizations or medical professional

societies utilizing a transparent methodology and reporting structure and with a conflict of interest

policy. Clinical practice guidelines establish standards of care informed by a systematic review of

evidence and an assessment of the benefits and costs of alternative care options and include

recommendations intended to optimize patient care.

     (b) Every individual or group health insurance contract, or every individual or group

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

or renewed in this state on or after January 1, 2024, shall provide coverage for the services of

biomarker testing in accordance with each health insurer's respective principles and mechanisms

of reimbursement, credentialing, and contracting. Biomarker testing must be covered for the

purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee's

disease or condition to guide treatment decisions, when the test provides clinical utility as

demonstrated by medical and scientific evidence, including, but not limited to:

     (1) Labeled indications for an FDA-approved or -cleared test or indicated tests for an FDA-

approved drug;

     (2) Centers for Medicare Services ("CMS") National Coverage Determinations national

coverage determinations or Medicare Administrative Contractor ("MAC") Local Coverage

Determinations; or

     (3) Nationally recognized clinical practice guidelines and consensus statements.

     (c) Coverage as defined in subsection (b) is provided in a manner that limits disruptions in

care including the need for multiple biopsies or biospecimen samples.

     (d) The patient and prescribing practitioner shall have access to clear, readily accessible,

and convenient processes to request an exception to a coverage policy of a health insurer, nonprofit

health service plan, and health maintenance organization. The process shall be made readily

accessible on the health insurers', nonprofit health service plans', or health maintenance

organizations' website.


 

 

 

763)

Section

Added Chapter Numbers:

 

27-20-78

422 and 423

 

 

27-20-78. Mandatory coverage for treatment of pediatric autoimmune

neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset

neuropsychiatric syndrome.

     (a) Every group health insurance contract, or every group hospital or medical expense

insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by

any health insurance carrier, on or after January 1, 2023, shall provide coverage for treatment of

pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and

pediatric acute onset neuropsychiatric syndrome, including, but not limited to, the use of

intravenous immunoglobin therapy.

     (b) For billing and diagnosis purposes, pediatric autoimmune neuropsychiatric disorders

associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome shall

be coded as autoimmune encephalitis until the American Medical Association and the Centers for

Medicare and Medicaid Services create and assign a specific code for pediatric autoimmune

neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset

neuropsychiatric syndrome. Thereafter, pediatric autoimmune neuropsychiatric disorders

associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome may

be coded as autoimmune encephalitis, pediatric autoimmune neuropsychiatric disorders associated

with streptococcal infections, or pediatric acute onset neuropsychiatric syndrome.

     (c) The health care healthcare benefits outlined in this section apply only to services

delivered within the state of Rhode Island; provided, that all health insurance carriers shall be

required to provide coverage for those benefits mandated by this section outside of the state of

Rhode Island where it can be established through a pre-authorization process that the required

services are not available in the state of Rhode Island from a provider in the health insurance

carrier's network.

     (d) Each health insurance carrier shall collect and provide to the office of the health

insurance commissioner, in a form and frequency acceptable to the commissioner, information and

data reflecting the costs and the savings of adding the benefit coverage provided in this section. On

or before January 1, 2025, the office of the health insurance commissioner shall report to the general

assembly a cost-benefit analysis of the implementation of the benefit coverage provided in this

section. The intent of this cost-benefit analysis is to determine if adding the benefit coverage

provided in this section produces a net savings to health insurance carriers and to policy holders.

     (e) This section shall sunset and be repealed effective December 31, 2025.


 

 

 

 

 

764)

Section

Amended Chapter Numbers:

 

27-29-4

404 and 405

 

 

27-29-4. Unfair methods of competition and unfair or deceptive acts or practices

defined.

     The following are defined as unfair methods of competition and unfair and deceptive acts

or practices in the business of insurance:

     (1) Misrepresentations and false advertising of policies or contracts. Making, issuing,

circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, or

statement, sales presentation, omission, or comparison misrepresenting the terms of any policy

issued or to be issued or the benefits, conditions, or advantages promised by any policy or the

dividends or share of the surplus to be received on any policy, or making any false or misleading

statement as to the dividends or share of surplus previously paid on any policy, or making any

misleading representation or any misrepresentation as to the financial condition of any insurer, or

as to the legal reserve system upon which any life insurer operates, or using any name or title of

any policy or class of policies misrepresenting the true nature of that policy or class of policies, or

making any misrepresentation to any policyholder insured in any company including any

intentional misquote of a premium rate, for the purpose of inducing or tending to induce the

policyholder to lapse, forfeit, or surrender his or her insurance, or misrepresenting for the purpose

of effecting a pledge or assignment of or effecting a loan against any policy, or misrepresenting

any policy as being share or stock;

     (2) False information and advertising generally. Making, publishing, disseminating,

circulating, or placing before the public or causing, directly or indirectly, to be made, published,

disseminated, circulated, or placed before the public in a newspaper, magazine, or other

publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio or

television station, or in any other way, an advertisement, announcement, or statement containing

any assertion, representation, or statement with respect to the business of insurance or with respect

to any person in the conduct of his or her insurance business that is untrue, deceptive, or misleading;

     (3) Defamation. Making, publishing, disseminating, or circulating, directly or indirectly,

or aiding, abetting, or encouraging the making, publishing, disseminating, or circulating of any oral

or written statement or any pamphlet, circular, article of literature that is false or maliciously critical

of or derogatory to the financial condition of an insurer, and that is calculated to injure any person

engaged in the business of insurance;

     (4) Boycott, coercion, and intimidation. Entering into any agreement to commit, or by any

concerted action committing, any act of boycott, coercion, or intimidation resulting in or tending

to result in unreasonable restraint of, or monopoly in, the business of insurance;

     (5)(i) False financial statements. Knowingly filing with any supervisory or other public

official, or knowingly making, publishing, disseminating, circulating, or delivering to any person,

or placing before the public or causing directly or indirectly, to be made, published, disseminated,

circulated, delivered to any person, or placed before the public any false material statement of

financial condition of an insurer; or

     (ii) Knowingly making any false entry of a material fact in any book, report, or statement

of any insurer or knowingly omitting to make a true entry of any material fact pertaining to the

business of the insurer in any book, report, or statement of the insurer;

     (6) Stock operations and advisory board contracts. Issuing or delivering or permitting

agents, officers, or employees to issue or deliver agency company stock or other capital stock, or

benefit certificates or shares in any common law corporation, or securities of any special or advisory

board contracts or other contracts of any kind promising returns and profits as an inducement to

insurance;

     (7)(i) Unfair discrimination. Making or permitting any unfair discrimination between

individuals of the same class and equal expectation of life in the rates charged for any policy of life

insurance or of life annuity or in the dividends or other benefits payable on any such policy or life

annuity, or in any other of the terms and conditions of the policy;

     (ii) Making or permitting any unfair discrimination between individuals of the same class

and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any

policy or contract of accident or health insurance or in the benefits payable under any policy or

contract, or in any of the terms or conditions of that policy, or in any other manner;

     (iii) Making or permitting any unfair discrimination between individuals or risks of the

same class and of essentially the same hazards by refusing to issue, refusing to renew, canceling,

or limiting the amount of insurance coverage on a property or casualty risk because of the

geographic location of the risk, unless:

     (A) The refusal, cancellation, or limitation is for a business purpose that is not a pretext for

unfair discrimination; or

     (B) The refusal, cancellation, or limitation is required by law or regulation;

     (iv) Making or permitting any unfair discrimination between individuals or risks of the

same class and of essentially the same hazards by refusing to issue, refusing to renew, canceling,

or limiting the amount of insurance coverage on a residential property risk, or the personal property

contained in the residential property risk, because of the age of the residential property, unless:

     (A) The refusal, cancellation, or limitation is for a business purpose that is not a pretext for

unfair discrimination; or

     (B) The refusal, cancellation, or limitation is required by law or regulation;

     (v) Refusing to insure, refusing to continue to insure, or limiting the amount of coverage

available to an individual because of the sex or marital status of the individual; nothing in this

subsection shall prohibit an insurer from taking marital status into account for the purpose of

defining persons eligible for dependent benefits;

     (vi) To terminate, or to modify coverage, or to refuse to issue or refuse to renew any

property or casualty policy solely because the applicant or insured or any employee of either is

mentally or physically impaired; provided, that this subsection shall not apply to accident and health

insurance sold by a casualty insurer and, provided that this subsection shall not be interpreted to

modify any other provision of law relating to the termination, modification, issuance or renewal of

any insurance policy or contract; or

     (vii) Making or permitting any unfair discrimination by treating persons in a domestic

partnership as defined in § 27-29-2, differently than persons in a marriage for the purposes of

premiums, policy fees, or rates charged for policies of casualty, fire, homeowners, accident and

sickness, marine, or automobile insurance;

     (8)(i)

     (i) Rebates. Except as otherwise expressly provided by law, knowingly permitting or

offering to make or making any policy or agreement as to the policy other than as plainly expressed

in the policy issued on it, or paying or allowing or giving or offering to pay, allow, or give, directly

or indirectly, as inducement to the policy, any rebate of premiums payable on the policy, or any

special favor or advantage in the dividends or other benefits on the policy, or any valuable

consideration or inducement not specified in the policy, or giving, selling, or purchasing or offering

to give, sell, or purchase as inducement to the policy, or in connection with the policy, any stocks,

bonds, or other securities of any insurance company or other corporation, association, or

partnership, or any dividends or profits accrued on the security, or anything of value not specified

in the policy;

     (ii) Nothing in subdivision subsection (7) of this section or paragraph subsection 8(i) of

this subdivision section shall be construed as including within the definition of discrimination or

rebates any of the following practices:

     (A) In the case of any contract of life insurance policies or life annuity, annuities paying

bonuses to policyholders or abating their premiums in whole or in part out of surplus accumulated

from nonparticipating insurance; provided, that any bonuses or abatement of premiums shall be fair

and equitable to policyholders and for the best interests of the company and its policyholders;

     (B) In the case of life insurance policies issued on the industrial debit plan, making

allowance to policyholders who have continuously for a specified period made premium payments

directly to an office of the insurer in an amount that fairly represents the saving in collection

expenses; and

     (C) Readjustment of the rate of premium for a group insurance policy based on the loss or

expense experience under it, at the end of the first or any subsequent policy year of insurance under

the policy, which may be made retroactive only for the policy year;

     (D) Engaging in an arrangement that would not violate § 106 of the Bank Holding

Company Act Amendments of 1972 (12 U.S.C. § 1972), as interpreted by the Board of Governors

of the Federal Reserve System, or § 5(q) of the Home Owners' Loan Act, 12 U.S.C. § 1464(q);

     (E) The offer or provision by insurers or producers, by or through employees, affiliates, or

third-party representatives, of value-added products or services at no or reduced cost when such

products or services are not specified in the policy of insurance if the product or service:

     (I) Relates to the insurance coverage; and

     (II) Is primarily designed to satisfy one or more of the following:

     (aa) Provide loss mitigation or loss control;

     (bb) Reduce claim costs or claim settlement costs;

     (cc) Provide education about liability risks or risk of loss to persons or property;

     (dd) Monitor or assess risk, identify sources of risk, or develop strategies for eliminating

or reducing risk;

     (ee) Enhance health;

     (ff) Enhance financial wellness through items such as education or financial planning

services;

     (gg) Provide post-loss services;

     (hh) Incent behavioral changes to improve the health or reduce the risk of death or disability

of a customer (defined for purposes of this subsection as policyholder, potential policyholder,

certificate holder, potential certificate holder, insured, potential insured, or applicant); or

     (ii) Assist in the administration of the employee or retiree benefit insurance coverage.

     (III) The cost to the insurer or producer offering the product or service to any given

customer must be reasonable in comparison to that customer's premiums or insurance coverage for

the policy class.

     (IV) If the insurer or producer is providing the product or service offered, the insurer or

producer must ensure that the customer is provided with contact information to assist the customer

with questions regarding the product or service.

     (V) The commissioner may adopt regulations when implementing the permitted practices

set forth in this statute to ensure consumer protection. Such regulations, consistent with applicable

law, may address, among other issues, consumer data protections and privacy, consumer disclosure,

and unfair discrimination.

     (VI) The availability of the value-added product or service must be based on documented

objective criteria and offered in a manner that is not unfairly discriminatory. The documented

criteria must be maintained by the insurer or producer and produced upon request by the

department.

     (VII) If an insurer or producer does not have sufficient evidence, but has a good-faith belief

that the product or service meets the criteria in subsection (8)(ii)(E)(II) of this section, the insurer

or producer may provide the product or service in a manner that is not unfairly discriminatory as

part of a pilot or testing program for no more than one year. An insurer or producer must notify the

department of such a pilot or testing program offered to consumers in this state prior to launching

and may proceed with the program unless the department objects within twenty-one (21) days of

notice.;

     (F)(I) Offering or giving non-cash gifts, items, or services, including meals to or charitable

donations on behalf of a customer, in connection with the marketing, sale, purchase, or retention of

contracts of insurance, as long as the cost does not exceed an amount determined to be reasonable

by the commissioner per policy year per term. The offer must be made in a manner that is not

unfairly discriminatory. The customer may not be required to purchase, continue to purchase, or

renew a policy in exchange for the gift, item, or service.

     (II) Offering or giving non-cash gifts, items, or services including meals to or charitable

donations on behalf of a customer, to commercial or institutional customers in connection with the

marketing, sale, purchase, or retention of contracts of insurance, as long as the cost is reasonable

in comparison to the premium or proposed premium and the cost of the gift or service is not

included in any amounts charged to another person or entity. The offer must be made in a manner

that is not unfairly discriminatory. The customer may not be required to purchase, continue to

purchase, or renew a policy in exchange for the gift, item, or service.

     (III) Conducting raffles or drawings to the extent permitted by state law, as long as there is

no financial cost to entrants to participate, the drawing or raffle does not obligate participants to

purchase insurance, the prizes are not valued in excess of a reasonable amount determined by the

commissioner, and the drawing or raffle is open to the public. The raffle or drawing must be offered

in a manner that is not unfairly discriminatory. The customer may not be required to purchase,

continue to purchase, or renew a policy in exchange for the gift, item, or service.;

     (iii) An insurer, producer or representative of either may not offer or provide insurance as

an inducement to the purchase of another policy or otherwise use the words "free", "no cost", or

words of similar import, in an advertisement.

     (9)(i) Free choice of insurance producer or insurer. When any person, firm, or corporation

engaged in the business of lending money on the security of real or personal property, or in the

business of negotiating, purchasing, selling, or holding loans on the security of real property, or in

the business of building, selling, or financing the sale or purchase of real property, or any trustee,

director, officer, agent, or other employee of that person, firm, or corporation, requires that property

insurance be procured for the property, the borrower, debtor, or purchaser shall have free choice of

insurance producer and insurer through or by which the insurance is to be placed or written, subject

only to the right of the builder, creditor, lender, or seller:

     (A) To require evidence, to be produced at a reasonable time prior to commencement or

renewal of risk, that the insurance providing reasonable coverage has been obtained in an amount

equal to the amount required by the builder, creditor, lender, or seller;

     (B) To require insurance in an insurer authorized to do business and having a licensed

resident insurance producer agent in this state; and

     (C) To refuse to accept insurance in a particular insurer on reasonable grounds related to

solvency;

     (ii) When any contractor or subcontractor is required to procure a surety bond or policy of

insurance with respect to any building or construction contract that is about to be, or that has been

bid or entered into, the contractor or subcontractor shall have free choice of insurance producer and

insurer through or by which the surety bond or insurance is to be written; provided, that the owner

or contractor shall have the right: (A) To require evidence, to be produced at a reasonable time

prior to commencement or renewal of risk, that the insurance providing reasonable coverage has

been obtained in an amount equal to the amount required by the builder, creditor, lender, or seller;

(B) To require insurance in an insurer authorized to do business and having a licensed resident

insurance producer in this state; and (C) To refuse to accept insurance in a particular insurer on

reasonable grounds related to solvency; provided, that the owner or contractor shall have the right

to approve the form, sufficiency, or manner of execution of the surety bond or policy or insurance

furnished by the insurance company or insurance producer selected by the contractor or

subcontractor;

     (iii) No person who lends money or extends credit may:

     (A) Solicit insurance for the protection of real property after a person indicates interest in

securing a first mortgage credit extension until that person has received a commitment in writing

from the lender as to a loan or credit extension;

     (B) Unreasonably reject a policy furnished by the borrower for the protection of the

property securing the creditor lien. A rejection shall not be deemed unreasonable if it is based on

reasonable standards, uniformly applied, relating to the extent of coverage required and the

financial soundness and the services of an insurer. The standards shall not discriminate against any

particular type of insurer, nor shall the standards call for rejection of a policy because it contains

coverage in addition to that required in the credit transaction;

     (C) Require that any borrower, mortgagor, purchaser, insurer, or insurance producer pay a

separate charge, in connection with the handling of any policy required as security for a loan on

real estate, or pay a separate charge to substitute the policy of one insurer for that of another. This

subsection does not include the interest that may be charged on premium loans or premium

advancements in accordance with the terms of the loan or credit document;

     (D) Use or disclose, without the prior written consent of the borrower, mortgagor, or

purchaser taken at a time other than the making of the loan or extension of credit, information

relative to a policy that is required by the credit transaction, for the purpose of replacing the

insurance; or

     (E) Require any procedures or conditions of duly licensed insurance producers or insurers

not customarily required of those insurance producers or insurers affiliated or in any way connected

with the person who lends money or extends credit;

     (iv) Every person who lends money or extends credit and who solicits insurance on real

and personal property subject to paragraph (iii) of this subdivision subsection (9)(iii) of this

section shall explain to the borrower in writing that the insurance related to the credit extension

may be purchased from an insurer or insurance producer of the borrower's choice, subject only to

the lender's right to reject a given insurer or insurance producer as provided in paragraph (iii)

subsection (9)(iii)(B) of this subdivision section. Compliance with disclosures as to insurance

required by truth-in-lending laws or comparable state laws shall be compliance with this subsection;

     (v) This requirement for a commitment shall not apply in cases where the premium for the

required insurance is to be financed as part of the loan or extension of credit involving personal

property transactions;

     (vi) The commissioner shall have the power to examine and investigate those insurance-

related activities of any person or insurer that the commissioner believes may be in violation of this

section. Any affected person may submit to the commissioner a complaint or material pertinent to

the enforcement of this section;

     (vii) Nothing in this section shall prevent a person who lends money or extends credit from

placing insurance on real or personal property in the event the mortgagor, borrower, or purchaser

has failed to provide required insurance in accordance with the terms of the loan or credit document;

     (viii) Nothing contained in this section shall apply to credit life or credit accident and health

insurance.;

     (10) Notice of free choice of insurance producer or insurer. Every debtor, borrower, or

purchaser of property with respect to which insurance of any kind on the property is required in

connection with a debt or loan secured by the property or in connection with the sale of the property,

shall be informed in writing by the builder, creditor, lender, or seller, of his or her right of free

choice in the selection of the insurance producer and insurer through or by which the insurance is

to be placed. There shall be no interference, either directly or indirectly, with the borrower's,

debtor's, or purchaser's free choice of an insurance producer and of an insurer that complies with

the requirements of this section, and the builder, creditor, lender, seller, owner, or contractor shall

not refuse the policy tendered by the borrower, debtor, purchaser, contractor, or subcontractor.

Upon notice of any refusal of the tendered policy, the insurance commissioner shall order the

builder, creditor, lender, seller, owner, or contractor to accept the tendered policy, if the

commissioner determines that the refusal is not in accordance with the requirements of this section.

Failure to comply with an order of the insurance commissioner shall be deemed a violation of this

section;

     (11) Using insurance information to detriment of another. Whenever the instrument

requires that the purchaser, mortgagor, or borrower furnish insurance of any kind on real property

being conveyed or is collateral security to a loan, the mortgagee, vendor, or lender shall refrain

from disclosing or using any and all insurance information to his or her or its own advantage and

to the detriment of either the borrower, purchaser, mortgagor, insurance company, or agency

complying with the requirements relating to insurance;

     (12) Prohibited group enrollments. No insurer shall offer more than one group policy of

insurance through any person unless that person is licensed, at a minimum, as an insurance

producer. This prohibition shall not apply to employer-employee relationships, or to any of these

enrollments;

     (13) Failure to maintain complaint handling procedures. No insurer shall fail to maintain a

complete record of all the complaints it received since the date of its last examination pursuant to

the general laws providing for examination of insurers. This record shall indicate the total number

of complaints, their classification by line of insurance, the nature of each complaint, the disposition

of each complaint, and the time it took to process each complaint. For the purposes of this

subsection, "complaint" means any written communication primarily expressing a grievance;

     (14) Misrepresentation in insurance applications. Making false or fraudulent statements or

representations on or relative to an application for a policy, for the purpose of obtaining a fee,

commission, money, or other benefit from any insurers, insurance producer, or individual person;

     (15) Requiring that repairs be made to an automobile at a specified auto body repair shop

or interfering with the insured's or claimant's free choice of repair facility. The insured or claimant

shall be promptly informed by the insurer of his or her free choice in the selection of an auto body

repair shop. Once the insured or claimant has advised the insurer that an auto body repair shop has

been selected, the insurer may not recommend that a different auto body repair shop be selected to

repair the automobile. An auto body repair shop may file a complaint with the department of

business regulation alleging a violation of this subsection (15). Whenever the department of

business regulation has reason to believe that an insurer has violated this subsection (15), the

department shall conduct an investigation and may convene a hearing. A complaint filed by an auto

body repair shop must be accompanied by a statement written and signed by the insured or claimant

setting forth the factual basis of the complaint, and the insured or claimant must voluntarily appear

and testify at any administrative proceedings on the complaint; and

     (16) Requiring that motor vehicle glass repair be made at a specified motor vehicle glass

repair shop or interfering with the insured's or claimant's free choice of a licensed repair facility.

The insured or claimant shall be promptly informed by the insurer of his or her free choice in the

selection of a licensed motor vehicle glass repair shop. The insurer shall not require a person to use

or employ unfair or deceptive acts or practices, threaten, coerce, or intimidate to induce a person to

use or select a particular licensed motor vehicle glass repair shop to provide motor vehicle glass

repair services. An insurer shall not knowingly contract with, refer motor vehicle glass repair

services to, or otherwise negotiate with an unlicensed motor vehicle glass repair shop, as defined

in chapter 38.5 of title 5. Once the insured or claimant has advised the insurer that a motor vehicle

glass repair shop has been selected, the insurer may not recommend that a different motor vehicle

glass repair shop be selected to repair the motor vehicle glass, and an insurer shall not assign or

dispatch the repair work or forward a related policy or policyholder's contact or repair scheduling

information to a different licensed motor vehicle glass repair shop without the knowledge and

consent of the insured. An insured may at any point in time elect to change the insured's choice of

licensed motor vehicle glass repair shop. However, an insurer authorized to conduct business in the

state may provide directly, or through other means, including electronic transmissions, specific,

truthful, and non-deceptive information regarding the features and benefits available to the insured

under the policy to assist the insured in selecting a licensed motor vehicle glass repair shop or

scheduling a licensed motor vehicle glass repair shop to perform motor vehicle glass repair, or enter

into any preferred provider agreements and/or participate in direct repair programs or direct repair

networks with licensed motor vehicle glass repair shops. A motor vehicle glass repair shop may

file a complaint with the department of business regulation alleging a violation of this subsection

(16). Whenever the department of business regulation has reason to believe that an insurer has

violated this subsection (16), the department shall conduct an investigation and may convene a

hearing. A complaint filed by a motor vehicle glass repair shop must be accompanied by a statement

written and signed by the insured or claimant setting forth the factual basis of the complaint, and

the insured or claimant must voluntarily appear and testify at any administrative proceedings on

the complaint.


 

 

 

765)

Section

Amended Chapter Numbers:

 

27-34.2-6

404 and 405

 

 

27-34.2-6. Disclosure and performance standards for long-term-care insurance.

     (a) The director may adopt regulations that establish:

     (1) Standards for full and fair disclosure setting forth the manner, content, and required

disclosures for the sale of long-term-care insurance policies, terms of renewability, initial and

subsequent conditions of eligibility, nonduplication of coverage provisions, coverage of

dependents, preexisting conditions, termination of insurance, continuation or conversion,

probationary periods, limitations, exceptions, reductions, elimination periods, requirements for

replacement, recurrent conditions, and definitions of terms; and

     (2) Reasonable rules and regulations that are necessary, proper, or advisable to the

administration of this chapter including the procedure for the filing or submission of policies

subject to this chapter. This provision may not abridge any other authority granted the director by

law.

     (b) No long-term-care insurance policy may:

     (1) Be cancelled, nonrenewed, or terminated on the grounds of the age or the deterioration

of the mental or physical health of the insured individual or certificate holder; or

     (2) Contain a provision establishing a new waiting period in the event existing coverage is

converted to or replaced by a new or other form within the same company, except with respect to

an increase in benefits voluntarily selected by the insured individual or group policyholder; or

     (3) Provide coverage for skilled nursing care only or provide more coverage for skilled

care in a facility than coverage for lower levels of care.

     (c) A long-term-care policy must provide:

     (1) Home health care healthcare benefits that are at least fifty percent (50%) of those

provided for care in a nursing facility. The evaluation of the amount of coverage shall be based on

aggregate days of care covered for home health care when compared to days of care covered for

nursing home care; and

     (2) Home health care healthcare benefits which that meet the National Association of

Insurance Commissioners' minimum standards for home health care healthcare benefits in long-

term-care insurance policies.

     (d)(1) No long-term-care insurance policy or certificate other than a policy or certificate

issued to a group as defined in § 27-34.2-4(4)(i) shall use a definition of "preexisting condition"

which is more restrictive than the following: "preexisting condition" means a condition for which

medical advice or treatment was recommended by, or received from a provider of health care

healthcare services, within six (6) months preceding the effective date of coverage of an insured

person;

     (2) No long-term-care insurance policy or certificate other than a policy or certificate issued

to a group as defined in § 27-34.2-4(4)(i) may exclude coverage for a loss or confinement which

that is the result of a preexisting condition, unless the loss or confinement begins within six (6)

months following the effective date of coverage of an insured person;

     (3) The director may extend the limitation periods set forth in subdivisions § 27-34.2-6

subsections (d)(1) and (d)(2) of this section of this subsection as to specific age group categories

in specific policy forms upon findings that the extension is in the best interest of the public;

     (4) The definition of "preexisting condition" does not prohibit an insurer from using an

application form designed to elicit the complete health history of an applicant, and, on the basis of

the answers on that application, from underwriting in accordance with that insurer's established

underwriting standards. Unless otherwise provided in the policy or certificate, a preexisting

condition, regardless of whether it is disclosed on the application, need not be covered until the

waiting period described in subdivision § 27-34.2-6 subsection (d)(2) of this section of this

subsection expires. No long-term- care insurance policy or certificate may exclude or use waivers

or riders of any kind to exclude, limit or reduce coverage or benefits for specifically named or

described preexisting diseases or physical conditions beyond the waiting period described in

subdivision § 27-34.2-6 subsection (d)(2) of this section of this subsection, unless the waiver or

rider has been specifically approved by the director as set forth in § 27-34.2-8. This shall not permit

exclusion or limitation of benefits on the basis of Alzheimer's disease, other dementias, or organic

brain disorders.

     (e)(1) No long-term-care insurance policy may be delivered or issued for delivery in this

state if the policy:

     (i) Conditions eligibility for any benefits on a prior hospitalization or institutionalization

requirement; or

     (ii) Conditions eligibility for benefits provided in an institutional care setting on the receipt

of a higher level of institutional care.; or

     (iii) Conditions eligibility for any benefits other than waiver of premium, post-

confinement, post-acute care, or recuperative benefits on a prior institutionalization requirement.

     (2)(i) A long-term-care insurance policy containing post-confinement, post-acute care or

recuperative benefits shall clearly label in a separate paragraph of the policy or certificate entitled

"Limitations or Conditions on Eligibility for Benefits" such limitations or conditions, including any

required number of days of confinement or rider shall not condition eligibility for non-institutional

benefits on the prior or continuing receipt of skilled care services.

     (ii) A long-term care insurance policy or rider that conditions eligibility of noninstitutional

benefits on the prior receipt of institutional care shall not require a prior institutional stay of more

than thirty (30) days.

     (3) No long-term insurance policy or rider that provides benefits only following

institutionalization shall condition such benefits upon admission to a facility for the same or related

conditions within a period of less than thirty (30) days after discharge from the institution.

     (f) The commissioner may adopt regulations establishing loss ratio standards for long-term-

care insurance policies provided that a specific reference to long-term-care insurance policies is

contained in the regulation.

     (g) Right to return -- Free look. Long term care insurance applicants shall have the right to

return the policy or certificate within thirty (30) days of its delivery and to have the premium

refunded if, after examination of the policy or certificate, the applicant is not satisfied for any

reason. Long term care insurance policies and certificates shall have a notice prominently printed

on the first page or attached to the policy or certificate stating in substance that the applicant shall

have the right to return the policy or certificate within thirty (30) days of its delivery and to have

the premium refunded if, after examination of the policy or certificate other than a certificate issued

pursuant to a policy issued to a group defined in § 27-34.2-4(4)(i), the applicant is not satisfied for

any reason. This subsection shall also apply to denials of applications and any refund must be made

within thirty (30) days of the return or denial.

     (g)(1) Long-term-care insurance applicants shall have the right to return the policy,

certificate, or rider to the company or an agent/insurance producer of the company within thirty

(30) days of its receipt and to have the premium refunded if, after examination of the policy,

certificate, or rider, the applicant is not satisfied for any reason.

     (2) Long-term-care insurance policies, certificates, and riders shall have a notice

prominently printed on the first page or attached thereto including specific instructions to

accomplish a return. This requirement shall not apply to certificates issued pursuant to a policy

issued to a group defined in § 27-34.2-4. The following free look statement or language

substantially similar shall be included:

     "You have thirty (30) days from the day you receive this policy, certificate, or rider to

review it and return it to the company if you decide not to keep it. You do not have to tell the

company why you are returning it. If you decide not to keep it, simply return it to the company at

its administration office. Or you may return it to the agent/insurance producer that you bought it

from. You must return it within thirty (30) days of the day you first received it. The company will

refund the full amount of any premium paid within thirty (30) days after it receives the returned

policy, certificate, or rider. The premium refund will be sent directly to the person who paid it. The

returned policy, certificate, or rider will be void as if it had never been issued."

     (h)(1) An outline of coverage shall be delivered to a prospective applicant for long-term-

care insurance at the time of initial solicitation through means which that prominently direct the

attention of the recipient to the document and its purpose;

     (2) The commissioner shall prescribe a standard format, including style, arrangement, and

overall appearance, and the content of an outline of coverage;

     (3) In the case of insurance producer solicitations, an insurance producer must deliver the

outline of coverage prior to the presentation of an application or enrollment form;

     (4) In the case of direct response solicitations, the outline of coverage must be presented in

conjunction with any application or enrollment form;

     (5) In the case of a policy issued to a group defined in subdivision § 27-34.2-4(4)(i) of this

act chapter, an outline of coverage shall not be required to be delivered, provided that the

information described in subdivision §§ 27-34.2-6(6)(i) -- subdivision through 27-34.2-6(6)(vi)

subsections (h)(6)(i) -- (h)(6)(vi) of this section is contained in other materials relating to

enrollment. Upon request, these other materials shall be made available to the commissioner.;

     (6) The outline of coverage shall include:

     (i) A description of the principal benefits and coverage provided in the policy;

     (ii) A description of the eligibility triggers for benefits and how those triggers are met;

     (ii)(iii) A statement of the principal exclusions, reductions, and limitations contained in the

policy;

     (iii)(iv) A statement of the terms under which the policy or certificate, or both, may be

continued in force or discontinued, including any reservation in the policy of a right to change

premiums. Continuation or conversion provisions of group coverage shall be specifically described;

     (iv)(v) A statement that the outline of coverage is only a summary, not a contract of

insurance, and that the policy or group master policy contains governing contractual provisions;

     (v)(vi) A description of the terms under which the policy or certificate may be returned and

the premium refunded; and

     (vi)(vii) A brief description of the relationship of cost of care and benefits.; and .

     (vii)(viii) A statement that discloses to the policyholder or certificate holder whether the

policy is intended to be a federally tax-qualified long-term-care insurance contract under §

7702B(b) of the Internal Revenue Code of 1986, as amended, et seq.

     (i) A certificate issued pursuant to a group long-term-care insurance policy which policy is

delivered or issued for delivery in this state shall include:

     (1) A description of the principal benefits and coverage provided in the policy;

     (2) A statement of the principal exclusions, reductions, and limitations contained in the

policy; and

     (3) A statement that the group master policy determines governing contractual provisions.

     (4)(j) If an application for a long-term-care insurance contract or certificate is approved,

the issuer shall deliver the contract or certificate of insurance to the applicant no later than thirty

(30) days after the date of approval.

     (j)(k) At the time of policy delivery, a policy summary shall be delivered for an individual

life insurance or annuity policy which that provides long-term-care benefits within the policy or

by rider. In the case of direct response solicitations, the insurer shall deliver the policy summary

upon the applicant's request, but regardless of request shall make the delivery no later than at the

time of policy delivery. In addition to complying with all applicable requirements, the summary

shall also include:

     (1) An explanation of how the long-term-care benefit interacts with other components of

the policy, including deductions from death benefits;

     (2) An illustration of the amount of benefits, the length of benefits, and the guaranteed

lifetime benefits, including a statement that any long-term-care inflation projection option required

by § 27-34.2-13, is not available under the policy for each covered person;

     (3) Any exclusions, reductions, and limitations on benefits of long-term-care benefitsand

     (4) A statement that any long-term-care inflation protection option required by 230-RICR-

20-35-1 is not available under this policy. If inflation protection was not required to be offered, or

if inflation protection was required to be offered but was rejected, a statement that inflation

protection is not available under this policy that provides long-term-care benefits, and an

explanation of other options available under the policy, if any, to increase the funds available to

pay for the long-term-care benefits.

     (4)(5) If applicable to the policy type, the summary shall also include:

     (i) A disclosure of the effects of exercising other rights under the policy;

     (ii) A disclosure of guarantees related to long term care costs of insurance charges A

disclosure of guarantees, fees or other costs related to long-term-care costs of insurance charges in

the base policy and any riders; and

     (iii) Current and projected periodic and maximum lifetime benefits.

     (5)(6) The provisions of the policy summary listed above may be incorporated into a basic

illustration or into the life insurance policy summary which that is required to be delivered in

accordance with chapter 4 of this title and the rules and regulations promulgated under § 27-4-23.

     (k)(l) Any time a long-term benefit, funded through a life insurance vehicle by the

acceleration of the death benefit, is in benefit payment status, a monthly report shall be provided to

the policyholder. The report shall include:

     (1) Any long-term-care benefits paid out during the month;

     (2) Any costs or changes that apply or will apply to the policy or any riders;

     (2)(3) An explanation of any changes in the policy, e.g., death benefits or cash values, due

to long-term-care benefits being paid out; and

     (3)(4) The amount of long-term-care benefits existing or remaining.

     (l)(m) Any policy or rider advertised, marketed, or offered as long-term care or nursing

home insurance shall comply with the provisions of this chapter.

     (m)(n) If a claim under a long-term-care insurance contract is denied, the issuer shall,

within sixty (60) days of the date of a written request by the policyholder or certificate holder, or a

representative thereof:

     (1) Provide a written explanation of the reasons for the denial; and

     (2) Make available all information directly related to the denial.

     (o) Any policy, certificate, or rider advertised, marketed or offered as long-term care or

nursing home insurance, as defined in § 27-34.2-4, shall comply with the provisions of this chapter.


 

 

 

766)

Section

Added Chapter Numbers:

 

27-38.2-6

303 and 304

 

 

27-38.2-6. Infant and early childhood mental wellness task force.

     (a) The general assembly hereby finds that:

     (1) Infant and early childhood mental health is defined by zero Zero to three Three as “the

developing capacity of the child from birth to five (5) years of age to: form close and secure adult

and peer relationships, experience, manage and express a full range of emotions, and explore the

environment and learn -- all in the context of family, community and culture.”

     (2) Significant mental health challenges can and do occur in babies and young children.

Epidemiological studies show a sixteen percent (16%) to eighteen percent (18%) prevalence rate

of mental health disorders in children between age one and age six (6). Evidence shows that many

mental health challenges occurring in the first years of life persist and increase the risk of problems

related to early learning and development in all areas, and to serious long-term health and mental

health challenges and poor educational and economic outcomes.

     (3) Young children respond to and process emotional experiences and traumatic events in

ways that are very different from adults and older children. Consequently, identifying and

addressing mental health challenges in early childhood requires special skills and knowledge.

Promoting responsive and nurturing parent/caregiver-child relationships is particularly important

for babies and young children.

     (4) It is essential to treat young children’s mental health challenges in the context of their

relationships within families, homes, and communities. The emotional well-being of young

children is directly tied to the functioning of their parents/caregivers and the families in which they

live. Thus, successful mental health treatment for young children involves working to build and

strengthen consistent, supportive relationships within their families and community. Identifying

and treating mental health challenges of parents and caregivers, especially maternal depression

which is a common condition and can negatively impact child development, is also needed. When

relationships are reliably responsive and supportive and stress is reduced, young children can thrive.

     (5) Diagnostic Classification of Mental Health and Developmental Disorders of Infancy

and Early Childhood (DC: 0-5) is the only recommended diagnosis system for children under age

six (6). DC: 0-5 is a system of classification of mental health and developmental disorders for

infants and toddlers.

     (6) Evidence-based and evidence-informed parent-child dyadic therapies exist that focus

on the powerful influence of the parent/caregiver-child relationship to positively impact a child’s

trajectory. Evidence-based interventions aimed at mental health challenges are more effective when

implemented during early childhood rather than school age. It is a misconception that young

children will grow out of their difficulties or simply forget early traumatic experiences.

     (7) In Rhode Island, approximately fifty percent (50%) of infants and young children have

Medicaid health coverage which covers screening, evaluation, diagnosis, and treatment for

children’s mental health needs starting at birth. Data from 2018 indicate that less than eight percent

(8%) of the Medicaid population under age six (6) received any mental health services.

     (8) According to the National Center for Children in Poverty, at least twenty-one (21) states

have adopted research-informed infant/early childhood mental health state policies and scaled

initiatives. Medicaid policy in at least thirteen (13) states and the District of Columbia recommends

or requires the use of the developmentally-appropriate DC: 0-5 system for the diagnosis of children

under age six (6), and at least twelve (12) states require providers to use an evidence-based dyadic

treatment model for children under age six (6).

     (b) The executive office of health and human services shall establish a task force to develop

a plan to improve promotion of social and emotional well-being of young children as well as

screening, assessment, diagnosis, and treatment of mental health challenges for children from birth

through age five (5) with Medicaid coverage.

     (c) The planning task force shall include representation from the RI Association for Infant

Mental Health and representatives from pediatric health care, mental health care, child psychiatry,

child welfare, Early Intervention early interventionFamily Home Visiting family home visiting,

early care and education, advocacy organizations, Medicaid Managed Care Organizations

managed care organizations, Medicaid Accountable Entities accountable entities, families with

young children, and other stakeholders as needed.

     (d) The plan established in accordance with this section shall include strategies to:

     (1) Promote use of developmentally appropriate screening, assessment, diagnosis, and

evidence-based and evidence-informed parent-child dyadic therapies for children from birth

through age five (5).

     (2) Identify mental health promotion and prevention-related parenting support programs,

particularly evidence-based or evidence-informed parent-child programs supporting social and

emotional well-being.

     (3) Allow for effective screening, evaluation, and treatment over multiple visits with a

qualified practitioner in a variety of settings, including in children’s homes, at childcare and early

learning programs, in schools, and in clinical and other professional settings.

     (4) Establish a registry of trained infant/early childhood mental health professionals that

can be a resource across health care, education, and human service settings.

     (5) Strengthen infant and early childhood mental health skills, knowledge, and practices of

all providers who work with young children (birth through age five (5)) in health care, mental health

care, early childhood, and child welfare service sectors.

     (6) Address and respond to the intergenerational effects of racism, economic insecurity,

and toxic stress that influence the health and mental health of parents/caregivers, babies, and young

children.

     (e) The task force shall submit a plan to the governor and general assembly on or before

June 30, 2023.


 

 

 

 

767)

Section

Added Chapter Numbers:

 

27-41-45.1

370 and 371

 

 

27-41-45.1. Hysterectomy or myomectomy treatment.

     Commencing January 1, 2023, any insurer or health care healthcare plan, nonprofit health

medical service plan, or nonprofit hospital service plan that provides coverage for obstetric and

gynecological care for issuance or delivery in the state to any group or individual on an expense-

incurred basis, including a health plan offered by a health insurance carrier or a health maintenance

organization, shall provide coverage for a hysterectomy, myomectomy and laparoscopic removal

of uterine fibroids, including uterine artery embolization, intraoperative ultrasound guidance and

monitoring and radiofrequency ablation.


 

 

 

768)

Section

Amended Chapter Numbers:

 

27-41-69

157 and 158

 

 

27-41-69. Post-payment audits.

     (a) Except as otherwise provided herein, any review, audit, or investigation by a health

maintenance organization of a healthcare provider's claims that results in the recoupment or set-off

of funds previously paid to the healthcare provider in respect to such claims shall be completed no

later than eighteen (18) months after the completed claims were initially paid, except that the period

for recoupment or set-off for claims submitted by a mental health and/or substance use disorder

provider, for those services, licensed by this state, and participating with the health insurer or health

plan, shall be no later than twelve (12) months. This section shall not restrict any review, audit, or

investigation regarding claims that are submitted fraudulently; are known, or should have been

known, by the healthcare provider to be a pattern of inappropriate billing according to the standards

for provider billing of their respective medical or dental specialties; are related to coordination of

benefits; are duplicate claims; or are subject to any federal law or regulation that permits claims

review beyond the period provided herein.

     (b) No healthcare provider shall seek reimbursement from a payer for underpayment of a

claim later than eighteen (18) months from the date the first payment on the claim was made, except

if the claim is the subject of an appeal properly submitted pursuant to the payer's claims appeal

policies or the claim is subject to continual claims submission.

     (c) For the purposes of this section, "healthcare provider" means an individual clinician,

either in practice independently or in a group, who provides healthcare services, and any healthcare

facility, as defined in § 27-41-2, including any mental health and/or substance abuse treatment

facility, physician, or other licensed practitioner identified to the review agent as having primary

responsibility for the care, treatment, and services rendered to a patient.

     (d) Except for those contracts where the health insurer or plan has the right to unilaterally

amend the terms of the contract, the parties shall be able to negotiate contract terms which allow

for different time frames than is are prescribed herein.


 

 

 

769)

Section

Added Chapter Numbers:

 

27-41-94

151 and 152

 

 

27-41-94. Coverage for biomarker testing.

     (a) As used in this section:

     (1) "Biomarker" means a characteristic that is objectively measured and evaluated as an

indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a

specific therapeutic intervention. Biomarkers include but are not limited to gene mutations or

protein expression.

     (2) "Biomarker testing" is the analysis of a patient's tissue, blood, or other biospecimen for

the presence of a biomarker. Biomarker testing includes, but is not limited to, single-analyte tests,

multi-plex panel tests, and whole genome sequencing.

     (3) "Clinical utility" means the test result provides information that is used in the

formulation of a treatment or monitoring strategy that informs a patient's outcome and impacts the

clinical decision. The most appropriate test may include both information that is actionable and

some information that cannot be immediately used in the formulation of a clinical decision.

     (4) "Consensus statements" as used here are statements developed by an independent,

multidisciplinary panel of experts utilizing a transparent methodology and reporting structure and

with a conflict of interest policy. These statements are aimed at specific clinical circumstances and

base the statements on the best available evidence for the purpose of optimizing the outcomes of

clinical care.

     (5) "Nationally recognized clinical practice guidelines" as used here are evidence-based

clinical practice guidelines developed by independent organizations or medical professional

societies utilizing a transparent methodology and reporting structure and with a conflict of interest

policy. Clinical practice guidelines establish standards of care informed by a systematic review of

evidence and an assessment of the benefits and costs of alternative care options and include

recommendations intended to optimize patient care.

     (b) Every individual or group health insurance contract, or every individual or group

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

or renewed in this state on or after January 1, 2024, shall provide coverage for the services of

biomarker testing in accordance with each health insurer's respective principles and mechanisms

of reimbursement, credentialing, and contracting. Biomarker testing must be covered for the

purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee’s

disease or condition to guide treatment decisions, when the test provides clinical utility as

demonstrated by medical and scientific evidence, including, but not limited to:

     (1) Labeled indications for an FDA-approved or -cleared test or indicated tests for an FDA-

approved drug;

     (2) Centers for Medicare Services ("CMS") National Coverage Determinations national

coverage determinations or Medicare Administrative Contractor ("MAC") Local Coverage

Determinations; or

     (3) Nationally recognized clinical practice guidelines and consensus statements.

     (c) Coverage as defined in subsection (b) is provided in a manner that limits disruptions in

care including the need for multiple biopsies or biospecimen samples.

     (d) The patient and prescribing practitioner shall have access to clear, readily accessible,

and convenient processes to request an exception to a coverage policy of a health insurer, nonprofit

health service plan, and health maintenance organization. The process shall be made readily

accessible on the health insurers', nonprofit health service plans', or health maintenance

organizations' website.


 

 

 

770)

Section

Added Chapter Numbers:

 

27-41-95

422 and 423

 

 

27-41-95. Mandatory coverage for treatment of pediatric autoimmune

neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset

neuropsychiatric syndrome.

     (a) Every group health insurance contract, or every group hospital or medical expense

insurance policy, plan, or group policy delivered, issued for delivery, or renewed in this state, by

any health insurance carrier, on or after January 1, 2023, shall provide coverage for treatment of

pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and

pediatric acute onset neuropsychiatric syndrome, including, but not limited to, the use of

intravenous immunoglobin therapy.

     (b) For billing and diagnosis purposes, pediatric autoimmune neuropsychiatric disorders

associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome shall

be coded as autoimmune encephalitis until the American Medical Association and the Centers for

Medicare and Medicaid Services create and assign a specific code for pediatric autoimmune

neuropsychiatric disorders associated with streptococcal infections and pediatric acute onset

neuropsychiatric syndrome. Thereafter, pediatric autoimmune neuropsychiatric disorders

associated with streptococcal infections and pediatric acute onset neuropsychiatric syndrome may

be coded as autoimmune encephalitis, pediatric autoimmune neuropsychiatric disorders associated

with streptococcal infections, or pediatric acute onset neuropsychiatric syndrome.

     (c) The health care healthcare benefits outlined in this section apply only to services

delivered within the state of Rhode Island; provided, that all health insurance carriers shall be

required to provide coverage for those benefits mandated by this section outside of the state of

Rhode Island where it can be established through a pre-authorization process that the required

services are not available in the state of Rhode Island from a provider in the health insurance

carrier's network.

     (d) Each health insurance carrier shall collect and provide to the office of the health

insurance commissioner, in a form and frequency acceptable to the commissioner, information and

data reflecting the costs and the savings of adding the benefit coverage provided in this section. On

or before January 1, 2025, the office of the health insurance commissioner shall report to the general

assembly a cost-benefit analysis of the implementation of the benefit coverage provided in this

section. The intent of this cost-benefit analysis is to determine if adding the benefit coverage

provided in this section produces a net savings to health insurance carriers and to policy holders.

     (e) This section shall sunset and be repealed effective December 31, 2025.


 

 

771)

Section

Added Chapter Numbers:

 

27-50-18

145 and 146

 

 

27-50-18. Special enrollment - Pregnancy.

     (a) In general. A carrier shall establish a special enrollment period that allows for the

enrollment of a pregnant individual at any time after the commencement of the pregnancy.

Coverage shall be effective as of the first of the month in which the pregnant individual applies for

coverage. This special enrollment period shall be applicable to all health benefit plans subject to

this chapter.

     (b) Non-interference with federal and state law. Nothing in subsection (a) of this section

shall be construed to conflict with or preempt any other applicable requirements for enrollment in

health insurance coverage under federal and state law. The special enrollment period described in

subsection (a) is in addition to any other special enrollment periods that are required under federal

and state law.


 

 

772)

Section

Amended Chapter Numbers:

 

27-65-1

404 and 405

 

 

27-65-1. Commercial special risks.

     (a) Commercial special risks. Notwithstanding any other provisions of this title to the

contrary and except as limited in subsection (b) of this section, insurers shall not be required to file

with, nor to receive approval from, the insurance division of the department of business regulation

for policy forms or rates used in the insurance of commercial special risks located in this state.

Commercial special risks are defined as:

     (1) Risks written as commercial lines insurance, defined as insurance issued for purposes

other than for personal, family, or household and that are written on an excess or umbrella basis;

     (2) Those risks, or portions of them, written as commercial lines insurance, defined as

insurance issued for purposes other than for personal, family, or household and that are not rated

according to manuals, rating plans, or schedules including "A" rates;

     (3) Risks written as commercial lines insurance that employ or retain the services of a "risk

manager" and that also meet any one of the following criteria:

     (i) Net worth over ten million dollars ($10,000,000);

     (ii) Net revenue/sales of over five million dollars ($5,000,000);

     (iii) More than twenty-five (25) employees per individual company or fifty (50) employees

per holding company in the aggregate;

     (iv) Aggregates premiums of over thirty thousand dollars ($30,000), excluding group life,

group health, workers' compensation and professional liability (including, but not limited to, errors

and omissions and directors and officers liability);

     (v) Is a not for profit or public entity with an annual budget or assets of at least twenty-five

million dollars ($25,000,000); or

     (vi) Is a municipality with a population of over twenty thousand (20,000);

     (4) Specifically designated commercial special risks including:

     (i) All risks classified as highly protected risks.

     "Highly protected risk" means a fire resistive building that meets the highest standards of

fire safety according to insurance company underwriting requirements;

     (ii) All commercial insurance aviation risks;

     (iii) All credit property insurance risks that are defined as "insurance of personal property

of a commercial debtor against loss, with the creditor as sole beneficiary" or "insurance of personal

property of a commercial debtor, with the creditor as primary beneficiary and the debtor as

beneficiary of proceeds not paid to the creditor." For the purposes of this definition, "personal

property" means furniture, fixtures, furnishings, appliances, and equipment designed for use in a

business, trade, or profession and not used by a debtor for personal or household use;

     (iv) All boiler and machinery and equipment breakdown risks;

     (v) All inland marine risks written as commercial lines insurance defined as insurance

issued for purposes other than for personal, family, or household;

     (vi) All fidelity and surety risks;

     (vii) All crime and burglary and theft risks; and

     (viii) All directors and officers, fiduciary liability, employment practices liability, kidnap

and ransom, and management liability risks.

     (b) Notwithstanding subsection (a) of this section, the following lines of business shall

remain subject to all filing and approval requirements contained in this title even if written for risks

which qualify as commercial special risks:

     (1) Life insurance;

     (2) Annuities;

     (3) Accident and health insurance;

     (4) Automobile insurance that is mandated by statute;

     (5) Workers' compensation and employers' liability insurance; and

     (6) Issuance through residual market mechanisms.

     (c) Any insurer that provides coverage to a commercial special risk shall disclose to the

insured that forms used and rates charges are exempt from filing and approval requirements by this

subsection section. Records of all such disclosures shall be maintained by the insurer.

     (d) Brokers for exempt commercial policyholders as defined in subdivision subsection

(a)(3) of this section shall be exempt from the due diligence requirements of § 27-3-38(bc).

     (e) Notwithstanding any other provisions of this title, the requirements of § 27-5-2 shall

not apply to any policy insuring one or more commercial special risks located in this state.


 

 

 

773)

Section

Added Chapter Numbers:

 

28-1-5

115 and 116

 

 

28-1-5. Digital credentialing.

     Effective July 1, 2023, the department of labor and training ("department") shall require

publicly funded workforce and training programs to supplement all paper-based credentials with

verified electronic credentials. Credentials include, but are not limited to, certifications, licenses,

degrees, and training completion certificates issued by workforce and training programs within the

department’s responsibility. An "electronic credential" means an electronic method by which a

person may display or transmit to another person information that verifies information about a

person such as their licensure, program completion, and verified skills and competencies. The

department may use a third-party electronic credential system that is not maintained by the agency.

Such The electronic credential system shall include a verification system that is operated by the

agency or its agent on its behalf for the purpose of verifying the authenticity and validity of

electronic credentials.


 

 

774)

Section

Amended Chapter Numbers:

 

28-3-3

81 and 82

 

 

28-3-3. Issuance of limited permits for work by children.

     The school committee of each city or town, or any person that the school committee may

designate, may issue for any child who has completed fourteen (14) years of age a special limited

permit to work, permitting the employment of the child on days on which schools are not in session,

and on school days at hours in which schools are not in session, at any legal employment and

subject to the requirements of law limiting the employment of children, but not for employment in

factories or in mechanical or manufacturing establishments. The permits to work shall be uniform

throughout the state, and the permit to work form shall be prescribed and provided by the

department of labor and training. A child must certify to the department that they have successfully

completed a training program created by the department which that would address workers' rights,

workplace health and safety, and workers' compensation before a permit can be issued. The

program shall be no longer than three (3) hours and shall be available virtually. The content, cost,

and funding for this training program shall be determined by rules and regulations promulgated by

the department of labor and training. The school committee of each city or town, or any person that

the school committee may designate to issue the permits to work provided for in this section, shall

keep on file a copy of each permit to work granted, together with the evidence on which the permit

to work was granted.


 

 

 

775)

Section

Amended Chapter Numbers:

 

28-7-3

31 and 32

 

 

28-7-3. Definitions.

     When used in this chapter:

     (1) "Board" means the labor relations board created by § 28-7-4.

     (2) "Company union" means any committee employee representation plan or association

of employees which exists for the purpose, in whole or in part, of dealing with employers

concerning grievances or terms and conditions of employment, which the employer has initiated or

created or whose initiation or creation he or she has suggested, participated in or in the formulation

of whose governing rules or policies or the conducting of whose management, operations, or

elections the employer participates in or supervises, or which the employer maintains, finances,

controls, dominates, or assists in maintaining or financing, whether by compensating any one for

services performed in its behalf or by donating free services, equipment, materials, office or

meeting space or anything else of value, or by any other means.

     (3)(i) "Employees" includes, but is not restricted to, any individual employed by a labor

organization; any individual whose employment has ceased as a consequence of, or in connection

with, any current labor dispute or because of any unfair labor practice, and who has not obtained

any other regular and substantially equivalent employment; and shall not be limited to the

employees of a particular employer, unless the chapter explicitly states otherwise;

     (ii) "Employees" does not include any individual employed by his or her parent or spouse

or in the domestic service of any person in his or her home, or any individuals employed only for

the duration of a labor dispute, or any individuals employed as farm laborers; provided that, any

individual employed by an employer in an industry established or regulated pursuant to chapters

28.6 or 28.11 of title 21 shall be an employee within the meaning of this chapter and shall not be

considered a farm laborer.

     (4) "Employer" includes any person acting on behalf of or in the interest of an employer,

directly or indirectly, with or without his or her knowledge, but a labor organization or any officer

or its agent shall only be considered an employer with respect to individuals employed by the

organization.

     (5) "Labor dispute" includes, but is not restricted to, any controversy between employers

and employees or their representatives as defined in this section concerning terms, tenure, or

conditions of employment or concerning the association or representation of persons in negotiating,

fixing, maintaining, changing, or seeking to negotiate, fix, maintain, or change terms or conditions

of employment, or concerning the violation of any of the rights granted or affirmed by this chapter,

regardless of whether the disputants stand in the proximate relation of employer and employee.

     (6) "Labor organization" means any organization which exists and is constituted for the

purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning

grievances, terms or conditions of employment, or of other mutual aid or protection and which is

not a company union as defined in this section.

     (7) "Person" includes one or more individuals, partnerships, associations, corporations,

legal representatives, trustees, trustees in bankruptcy, or receivers.

     (8) "Policies of this chapter" means the policies set forth in § 28-7-2.

     (9) "Representatives" includes a labor organization or an individual whether or not

employed by the employer of those whom he or she represents.

     (10) "Unfair labor practice" means only those unfair labor practices listed in §§ 28-7-13

and 28-7-13.1.


 

 

 

776)

Section

Amended Chapter Numbers:

 

28-7-4

222 and 310

 

 

28-7-4. Labor relations board -- Creation -- Appointment, qualifications, terms, and

removal of members.

     (a) There is created in the department of labor and training a board to be known as the

Rhode Island state labor relations board which shall be composed of seven (7) members who shall

be appointed by the governor, by and with the advice and consent of the senate. Each member of

the board at the time of appointment shall be a citizen of the United States and a resident of the

state of Rhode Island, and shall be a qualified elector in the state. Three (3) members of the board

shall be representatives of labor, three (3) members shall represent management, including at least

one representative of local government, and one member shall be a representative of the public

generally.

     (b) No member of the board during this period of service shall hold any other public office.

     (c) The members of the board shall be appointed for terms of six (6) years each, except that

any individual chosen to fill a vacancy shall be appointed for the unexpired term of the member

whom the newly appointed member succeeds.

     (d) The governor shall designate one member to serve as chairperson of the board.

     (e) Any member of the board may be removed by the governor for inefficiency, neglect of

duty, misconduct, or malfeasance in office, and for no other cause, after being given a copy of the

charges and an opportunity to be publicly heard in person or by counsel.


 

 

 

777)

Section

Repealed Chapter Numbers:

 

28-12-9

73 and 74

 

 

28-12-9. [Repealed].


 

 

 

778)

Section

Added Chapter Numbers:

 

28-14.1

245 and 246

 

 

CHAPTER 14.1

TIP PROTECTION


 

 

 

779)

Section

Added Chapter Numbers:

 

28-14.1-1

245 and 246

 

 

28-14.1-1. Definitions.

     Whenever used in this chapter:

     (1) "Employer" means any individual, firm, partnership, association, joint stock company,

trust, corporation, receiver, or other like officer appointed by a court of this state, and any agent or

officer of any of the previously mentioned classes, employing any person in this state.

     (2) "Service charge" means a compulsory fee charged by an employer to a patron.

     (3) "Tip" means voluntary monetary compensation received directly or indirectly by the

employee for services rendered.

     (4) "Tipped employee" means any employee engaged in an occupation in which the

employee customarily and regularly receives more than thirty dollars ($30.00) a month in tips.


 

 

 

780)

Section

Added Chapter Numbers:

 

28-14.1-2

245 and 246

 

 

28-14.1-2. Restrictions on tip pooling.

     (a) A tip is the sole property of the tipped employee. Any arrangement between the

employer and the tipped employee whereby any part of the tip received becomes the property of

the employer is prohibited.

     (b) The requirement that an employee must retain all tips does not preclude a valid tip

pooling or sharing arrangement among employees who customarily and regularly receive tips.

     (1) An employer must notify its employees of any required tip pool contribution amount,

may only take a tip credit for the amount of tips each employee ultimately receives, and may not

retain any of the employees' tips for any other purpose, except as provided in § 28-14.1-4.

     (2) An employer that pays the full minimum wage and takes no tip credit may allow

employees who are not tipped employees to participate in the tip pool. This shall not apply to

exempt employees as defined by section 13(a)(1) of the Fair Labor Standards Act as defined by

regulations 29 C.F.R. Part 541.


 

 

 

781)

Section

Added Chapter Numbers:

 

28-14.1-3

245 and 246

 

 

28-14.1-3. Service charges.

     Service charges are part of the employer's gross receipts. Sums distributed to employees

from service charges cannot be counted as tips received, but may be used to satisfy the employer's

minimum wage and overtime requirements pursuant to the provisions of §§ 28-12-4.1 and 28-12-

5. If an employee receives tips in addition to the compulsory service charge, those tips may be

considered in determining whether the employee is a tipped employee and in the application of the

tip credit.


 

 

 

782)

Section

Added Chapter Numbers:

 

28-14.1-4

245 and 246

 

 

28-14.1-4. Credit cards.

     Where tips are charged on a credit card and the employer must pay the credit card company

a percentage on each sale, the employer may deduct that percentage from the employee's tips,

provided that the employer notifies the employee of the deduction. This charge on the tip may not

reduce the employee's wage below the required minimum wage. The amount due the employee

must be paid no later than the regular pay day and may not be held while the employer is awaiting

reimbursement from the credit card company.


 

 

 

 

783)

Section

Amended Chapter Numbers:

 

28-35-12

247 and 248

 

 

28-35-12. Petition for determination of controversy -- Contents and filing.

     (a) In all disputes between an employer and employee in regard to compensation or any

other obligation established under chapters 29 -- 38 of this title, and when death has resulted from

the injury and the dependents of the deceased employee entitled to compensation are, or its

apportionment among them is, in dispute, any person in interest, or his or her duly authorized

representative, may file with the workers' compensation court a petition, prescribed by the court,

setting forth the names and residences of the parties; the facts relating to employment at the time

of injury; the cause, extent, and character of the injury; the amount of wages, earnings, or salary

received at the time of the injury; and the knowledge of the employer of notice of the occurrence

of the injury; and any other facts that may be necessary and proper for the information of the court;

and shall state the matter in dispute and the claims of the petitioner with reference to it; provided,

that no petition shall be filed within twenty-one (21) days of the date of the injury and no petition

regarding any other obligation established under chapters 29 -- 38 of this title shall be filed until

twenty-one (21) days after written demand for payment upon the employer or insurer or written

notice to the employer or insurer of failure to fulfill the obligation, except that any petition alleging

the non-payment nonpayment or late payment of weekly compensation benefits, attorney's fees,

and costs, may be filed after fourteen (14) days from the date the payment is due as set forth in §§

28-35-42, 28-35-43, and 28-35-20(c). All demands seeking payment of bills for medical services

rendered shall include reference to a claim number or a legible copy of the agreement, order, and/or

decree, if appropriate, establishing liability. Medical bills for services ordered paid by decree or

pretrial order shall be paid within fourteen (14) days of the entry of the decree or order. In the event

that the bills are not paid within the fourteen-day (14) period, a petition may be filed to enforce said

order or decree without any additional written notice to the employer or insurer.

     (b)(1) If one or more claims are filed for an injury and there are two (2) or more insurers,

any one of which may be held to be liable to pay compensation, and the judge determines that the

injured employee would be entitled to receive compensation but for the existence of a controversy

as to which one of the insurers is liable to pay compensation, one of the insurers shall be selected

by a judge of the workers' compensation court, to pay to the injured employee the compensation,

pending a final decision of the workers' compensation court as to the matter in controversy, and

that decision shall require that the amount of compensation paid shall be deducted from the award

if made against another insurer and shall be paid by that other insurer to the insurer selected by the

judge.

     (2) The workers' compensation court shall award compensation, costs, and attorney's fees

in its discretion if one of the insurers is held to be liable following the hearing.

     (3) In the event multiple attorneys have provided representation to an employee, in

connection with an injury claim and an attorney's lien has been filed with the court or the insurance

carrier, and there is a dispute between the attorneys over the equitable division of any legal fee,

awarded by the court for legal services rendered on behalf of the employee; the court, upon petition

by any of the aggrieved attorneys, shall assign the legal fee dispute to the workers' compensation

court's mediation program, in accordance with the rules and procedures established by the court.

The employer or its insurer or its claim administrator shall not be joined as a party to the petition.

In the event the dispute is not resolved in mediation, the mediator shall report to the chief judge of

the court, that the dispute has not resolved and the petition shall be dismissed, with no further action

by the court. Nothing herein shall preclude any party or attorney from pursuing any action

otherwise available.

     (c) If any determination of the workers' compensation court entitles an employee to

retroactive payment of weekly benefits, the court shall award to the employee interest at the rate

per annum provided in § 9-21-10 on that retroactive weekly payment from six (6) months

subsequent to the date that the employee first filed a petition for benefits to the time when that

retroactive payment is actually made. If the proceedings are unduly delayed by or at the request of

the employee or his or her attorney, the judge may reduce or eliminate interest on retroactive

payment; provided, that the provisions of this section as they relate to interest shall apply only to

petitions filed on or after July 1, 1984.

     (d) Any fine, penalty, or interest expense incurred by an insurer under this section may not

be used as an expense for the purpose of seeking a rate increase before the department of business

regulation.


 

 

 

784)

Section

Amended Chapter Numbers:

 

28-35-28

247 and 248

 

 

28-35-28. Appeal to appellate division.

     (a)(1) Any person aggrieved by the entry of a decree by a trial judge may appeal to the

appellate division established pursuant to this section by filing with the court within five (5) days

of the date of the entry of a decree, exclusive of Saturdays, Sundays, and holidays, a claim of appeal

and, subject to the rules of practice of the court, by filing a request for a transcript of the testimony

and ruling or any part thereof desired.

      (2) Upon a showing of excusable neglect, the trial judge who entered the decree, may

extend the time for filing the claim of appeal by any party, for a period not to exceed thirty (30)

days from the expiration of the original time prescribed by this section. The request for extension

shall be made by motion directed to the trial judge with such notice as the court shall deem

appropriate. Such an extension may be granted, before or after the time otherwise prescribed by

this section.

      (3) Within any time that a judge shall fix, either by an original fixing or otherwise, the

appellant shall file with the court reasons of appeal stating specifically all matters determined

adversely to him or her the appellant which that he or she the appellant desires to appeal, together

with so much of the transcript of testimony and rulings as he or she the appellant deems pertinent,

and within ten (10) days after that the parties may file with the court those briefs and memoranda

that they may desire concerning the appeal.

      (4)(A) The chief judge shall appoint appellate panels of three (3) members of the court

to hear any claim of appeal and the decision of the appellate panel shall be binding on the court.

      (B) The three (3) members of the appellate panel shall immediately review the decree

upon the record of the case and shall file a decision pursuant to the law and the fair preponderance

of the evidence within ten (10) days of the expiration of the time within which the parties may file

briefs and memoranda. Upon consideration of the appeal, the appellate panel shall affirm, reverse,

or modify the decree appealed from, and may itself take any further proceedings that are just, or

may remand the matter to the trial judge for further consideration of any factual issue that the

appellate division may raise, including the taking of additional evidence or testimony by the trial

judge. It shall be within the prerogative of the appellate panel to remand a matter to the trial judge.

      (C) If the decision requires the entry of a new decree, notice shall be given the parties,

and the new decree shall be entered in the same manner as the original decree, but if the decision

of two (2) appellate panel judges does not require the entry of a new decree, the decree shall be

affirmed.

      (5) Any member of the appellate panel may, for cause, disqualify himself or herself from

hearing any appeal that may come before the appellate panel.

     (b) The findings of the trial judge on factual matters shall be final unless an appellate panel

finds them to be clearly erroneous. The court may award costs, including reasonable attorney's fees,

to the prevailing party when the appellate panel finds there was complete absence of a justiciable

issue of either law or fact.


 

 

 

785)

Section

Amended Chapter Numbers:

 

28-42-3

117 and 118, and 234 (Art. 1)

 

 

28-42-3. Definitions.

     The following words and phrases, as used in chapters 42 -- 44 of this title, have the

following meanings unless the context clearly requires otherwise:

     (1) "Administration account" means the employment security administration account

established by this chapter.

     (2) "Average weekly wage" means the amount determined by dividing the individual's total

wages earned for service performed in employment within the individual's base period by the

number of that individual's credit weeks within the individual's base period.

     (3) "Base period," with respect to an individual's benefit year, means the first four (4), of

the most recently completed five (5) calendar quarters immediately preceding the first day of an

individual's benefit year. For any individual's benefit year, and for any individual deemed

monetarily ineligible for benefits for the "base period" as defined in this subdivision, the department

shall make a re-determination of entitlement based upon the alternate base period that consists of

the last four (4) completed calendar quarters immediately preceding the first day of the claimant's

benefit year. Notwithstanding anything contained to the contrary in this subdivision, the base period

shall not include any calendar quarter previously used to establish a valid claim for benefits;

provided, that notwithstanding any provision of chapters 42 -- 44 of this title to the contrary, for

the benefit years beginning on or after October 4, 1992, whenever an individual who has received

workers' compensation benefits is entitled to reinstatement under § 28-33-47, but the position to

which reinstatement is sought does not exist or is not available, the individual's base period shall

be determined as if the individual filed for benefits on the date of the injury.

     (4) "Benefit" means the money payable to an individual as compensation for the

individual's wage losses due to unemployment as provided in these chapters.

     (5) "Benefit credits" means the total amount of money payable to an individual as benefits,

as determined by § 28-44-9.

     (6) "Benefit rate" means the money payable to an individual as compensation, as provided

in chapters 42 -- 44 of this title, for the individual's wage losses with respect to any week of total

unemployment.

     (7) "Benefit year," with respect to any individual who does not already have a benefit year

in effect and who files a valid claim for benefits, means fifty-two (52) consecutive calendar weeks,

the first of which shall be the week containing the day as of which he or she first files a valid claim

in accordance with regulations adopted as hereinafter prescribed; provided, that the benefit year

shall be fifty-three (53) weeks if the filing of a new, valid claim would result in overlapping any

quarter of the base period of a prior new claim previously filed by the individual. In no event shall

a new benefit year begin prior to the Sunday next following the end of the old benefit year.

     (8) "Calendar quarter" means the period of three (3) consecutive calendar months ending

March 31, June 30, September 30, and December 31; or the equivalent thereof, in accordance with

regulations as subsequently prescribed.

     (9) "Contributions" means the money payments to the state employment security fund

required by those chapters.

     (10) "Credit amount," effective July 6, 2014, means earnings by the individual in an amount

equal to at least eight (8) times the individual's weekly benefit rate.

     (11) "Credit week," prior to July 1, 2012, means any week within an individual's base

period in which that individual earned wages amounting to at least twenty (20) times the minimum

hourly wage as defined in chapter 12 of this title for performing services in employment for one or

more employers subject to chapters 42 -- 44 of this title, and for the period July 1, 2012, through

July 5, 2014, means any week within an individual's base period in which that individual earned

wages amounting to at least the individual's weekly benefit rate for performing services in

employment for one or more employers subject to chapters 42 -- 44 of this title.

     (12) "Crew leader," for the purpose of subdivision (19) of this section, means an individual

who:

     (i) Furnishes individuals to perform service in agricultural labor for any other person;

     (ii) Pays (either on the crew leader's own behalf or on behalf of that other person) the

individuals so furnished by the crew leader for the service in agricultural labor performed by them;

and

     (iii) Has not entered into a written agreement with that other person (farm operator) under

which that individual (crew leader) is designated as an employee of that other person (farm

operator).

     (13) "Director" means the head of the department of labor and training or the director's

authorized representative.

     (14) "Domestic service employment." "Employment" includes domestic service in a

private home performed for a person who paid cash remuneration of one thousand dollars ($1,000)

or more in any calendar quarter in the current calendar year, or the preceding calendar year, to

individuals employed in that domestic service.

     (15) "Employee" means any person who is, or has been, employed by an employer subject

to those chapters and in employment subject to those chapters.

     (16) "Employer" means:

     (i) Any employing unit that was an employer as of December 31, 1955;

     (ii) Any employing unit that for some portion of a day on and after January 1, 1956, has,

or had, in employment, within any calendar year, one or more individuals; except, however, for

"domestic service employment," as defined in subdivision (14) of this section;

     (iii) For the effective period of its election pursuant to § 28-42-12, any other employing

unit that has elected to become subject to chapters 42 -- 44 of this title; or

     (iv) Any employing unit not an employer by reason of any other paragraph of this

subdivision for which, within either the current or preceding calendar year, service is, or was,

performed with respect to which that employing unit is liable for any federal tax against which

credit may be taken for contributions required to be paid into this state's employment security fund;

or which, as a condition for approval of chapters 42 -- 44 of this title for full tax credit against the

tax imposed by the Federal Unemployment Tax Act, 26 U.S.C. § 3301 et seq., is required, pursuant

to that act, to be an "employer" under chapters 42 -- 44 of this title.

     (17) "Employing unit" means any person, partnership, association, trust, estate, or

corporation, whether domestic or foreign, or its legal representative, trustee in bankruptcy, receiver,

or trustee, or the legal representative of a deceased person, that has, or had, in the unit's employ,

one or more individuals. For the purposes of subdivision (14) of this section, a private home shall

be considered an employing unit only if the person for whom the domestic service was performed

paid cash remuneration of one thousand dollars ($1,000) or more in any calendar quarter in the

current calendar year, or the preceding calendar year, to individuals employed in that domestic

service in that private home.

     (18)(i) "Employment," subject to §§ 28-42-4 -- 28-42-10, means service, including service

in interstate commerce, performed for wages, or under any contract of hire, written or oral, express

or implied; provided, that service performed shall also be deemed to constitute employment for all

the purposes of chapters 42 -- 44 of this title if performed by an individual in the employ of a

nonprofit organization as described in subdivision (25) of this section, except as provided in § 28-

42-8(7).

     (ii) Notwithstanding any other provisions of this section, "Employment" also means service

with respect to which a tax is required to be paid under any federal law imposing a tax against

which credit may be taken for contributions required to be paid into this state's employment security

fund or which, as a condition for full tax credit against the tax imposed by the Federal

Unemployment Tax Act, is required to be covered under chapters 42 -- 44 of this title.

     (iii) Employment not to include owners. Employment does not include services performed

by sole proprietors (owners), partners in a partnership, limited liability company -- single member

filing as a sole proprietor with the IRS, or members of a limited liability company filing as a

partnership with the IRS.

     (19) "Employment -- Crew leader." For the purposes of subdivision (12) of this section:

     (i) Any individual who is a member of a crew furnished by a crew leader to perform service

in agricultural labor for any other person shall be treated as an employee of that crew leader if:

     (A) That crew leader holds a valid certificate of registration under the Migrant and Seasonal

Agricultural Worker Protection Act, 29 U.S.C. § 1801 et seq., or substantially all members of that

crew operate or maintain tractors, mechanized harvesting, or crop-dusting equipment, or any other

mechanized equipment that is provided by that crew leader; and

     (ii)(B) That individual is not an employee of the other person within the meaning of

subdivision (15) of this section; and

     (iii)(ii) In the case of any individual who is furnished by a crew leader to perform service

in agricultural labor for any other person and who is not treated as an employee of that crew leader:

     (A) That other person, and not the crew leader, shall be treated as the employer of that

individual; and

     (B) That other person shall be treated as having paid cash remuneration to that individual

in an amount equal to the amount of cash remuneration paid to that individual by the crew leader

(either on the crew leader's own behalf or on behalf of that other person) for the service in

agricultural labor performed for that other person.

     (20) "Employment office" means a free, public-employment office, or its branch, operated

by the director or by this state as part of a system of free, public-employment offices, or any other

agency that the director may designate with the approval of the Social Security Administration.

     (21) "Fund" means the employment security fund established by this chapter.

     (22) "Governmental entity" means state and local governments in this state and includes

the following:

     (i) The state of Rhode Island or any of its instrumentalities, or any political subdivision of

the state, or any of its instrumentalities;

     (ii) Any instrumentality of more than one of these entities; or

     (iii) Any instrumentality of any of these entities and one or more other states or political

subdivisions.

     (23) "Hospital" means an institution that has been licensed, certified, or approved by the

department of health as a hospital.

     (24)(i) "Institution of higher education" means an educational institution in this state that:

     (A) Admits, as regular students, only individuals having a certificate of graduation from a

high school, or the recognized equivalent of such certificate;

     (B) Is legally authorized within this state to provide a program of education beyond high

school;

     (C) Provides:

     (I) An educational program for which it awards a bachelor's or higher degree, or a program

that is acceptable for full credit toward such a degree;

     (II) A program of post-graduate or post-doctoral studies; or

     (III) A program of training to prepare students for gainful employment in a recognized

occupation; and

     (D) Is a public or other nonprofit institution.

     (ii) Notwithstanding any of the preceding provisions of this subdivision, all colleges and

universities in this state are institutions of higher education for purposes of this section.

     (25) "Nonprofit organization" means an organization, or group of organizations, as defined

in 26 U.S.C. § 501(c)(3), that is exempt from income tax under 26 U.S.C. § 501(a).

     (26)(i) "Partial unemployment." An employee shall be deemed partially unemployed in any

week of less than full-time work if the employee fails to earn in wages for that week an amount

equal to the weekly benefit rate for total unemployment to which the employee would be entitled

if totally unemployed and eligible. For weeks beginning on or after May 23, 2021, through June

30, 2022 2023, an employee shall be deemed partially unemployed in any week of less than full-

time work if the employee fails to earn wages for that week in an amount equal to or greater than

one hundred and fifty percent (150%) of the weekly benefit rate for total unemployment to which

the employee would be entitled if totally unemployed and eligible.

     (ii) For the purposes of this subdivision and subdivision (28) of this section, "wages"

includes only that part of remuneration for any work that is in excess of one-fifth (1/5) of the weekly

benefit rate for total unemployment, rounded to the next lower multiple of one dollar ($1.00), to

which the individual would be entitled if totally unemployed and eligible in any one week, and

"services" includes only that part of any work for which remuneration in excess of one-fifth (1/5)

of the weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar

($1.00), to which the individual would be entitled if totally unemployed and eligible in any one

week is payable; provided, that nothing contained in this paragraph shall permit any individual to

whom remuneration is payable for any work performed in any week in an amount equal to or greater

than his or her weekly benefit rate to receive benefits under this subdivision for that week.

     (iii) Notwithstanding the foregoing, for weeks ending on or after May 23, 2021, through

June 30, 2022 2023, "wages" includes only that part of remuneration for any work that is in excess

of fifty percent (50%) of the weekly benefit rate for total unemployment, rounded to the next lower

multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed and

eligible in any one week, and "services" includes only that part of any work for which remuneration

in excess of fifty percent (50%) of the weekly benefit rate for total unemployment, rounded to the

next lower multiple of one dollar ($1.00), to which the individual would be entitled if totally

unemployed and eligible in any one week is payable. Provided, that, during the period defined in

this subdivision, nothing contained in this subdivision shall permit any individual to whom

remuneration is payable for any work performed in any week in an amount equal to or greater than

one hundred fifty percent (150%) of their weekly benefit rate to receive benefits under this

subdivision for that week.

     (iv) Notwithstanding anything contained to the contrary in this subdivision, "services," as

used in this subdivision and in subdivision (28) of this section, does not include services rendered

by an individual under the exclusive supervision of any agency of this state, or any of its political

subdivisions, by which the services are required solely for the purpose of affording relief, support,

or assistance to needy individuals performing those services, or services performed by members of

the national guard and organized reserves in carrying out their duties in weekly drills as members

of those organizations. "Wages," as used in this subdivision and in subdivision (28) of this section,

does not include either remuneration received by needy individuals for rendering the

aforementioned services when that remuneration is paid exclusively from funds made available for

that purpose out of taxes collected by this state or any of its political subdivisions, or remuneration

received from the federal government by members of the national guard and organized reserves, as

drill pay, including longevity pay and allowances.

     (27) "Payroll" means the total amount of all wages paid by the employer to the employer's

employees for employment.

     (28) "Total unemployment." An individual shall be deemed totally unemployed in any

week in which the individual performs no services (as used in subdivision (26) of this section) and

for which the individual earns no wages (as used in subdivision (26) of this section), and in which

the individual cannot reasonably return to any self-employment in which the individual has

customarily been engaged.

     (29) "Wages" means all remuneration paid for personal services on or after January 1, 1940,

including commissions and bonuses and the cash value of all remuneration paid in any medium

other than cash, and all other remuneration that is subject to a tax under a federal law imposing a

tax against which credit may be taken for contributions required to be paid into a state

unemployment fund. Gratuities customarily received by an individual in the course of the

individual's employment from persons other than the individual's employing unit shall be treated

as wages paid by the individual's employing unit. The reasonable cash value of remuneration paid

in any medium other than cash, and the reasonable amount of gratuities, shall be estimated and

determined in accordance with rules prescribed by the director; except that for the purpose of this

subdivision and of §§ 28-43-1 -- 28-43-14, this term does not include:

     (i) That part of remuneration that is paid by an employer to an individual with respect to

employment during any calendar year, after remuneration equal to the amount of the taxable wage

base as determined in accordance with § 28-43-7 has been paid during that calendar year by the

employer or the employer's predecessor to that individual; provided, that if the definition of

"wages" as contained in the Federal Unemployment Tax Act is amended to include remuneration

in excess of the taxable wage base for that employment, then, for the purposes of §§ 28-43-1 -- 28-

43-14, "wages" includes the remuneration as previously set forth, up to an amount equal to the

dollar limitation specified in the federal act. For the purposes of this subdivision, "employment"

includes services constituting employment under any employment security law of another state or

of the federal government;

     (ii) The amount of any payment made to, or on behalf of, an employee under a plan or

system established by an employer that makes provision for employees generally, or for a class or

classes of employees (including any amount paid by an employer or an employee for insurance or

annuities, or into a fund, to provide for any such payment), on account of:

     (A) Retirement;

     (B) Sickness or accident disability;

     (C) Medical and hospitalization expenses in connection with sickness or accident

disability; or

     (D) Death; provided, that the employee has not the:

     (I) Option to receive, instead of provision for that death benefit, any part of that payment

or, if that death benefit is insured, any part of the premiums (or contributions to premiums) paid by

the individual's employer; and

     (II) Right, under the provisions of the plan or system or policy of insurance providing for

that death benefit, to assign that benefit, or to receive a cash consideration in lieu of that benefit

either upon the employee's withdrawal from the plan or system providing for that benefit or upon

termination of the plan or system or policy of insurance, or of the individual's employment with

that employer;

     (E) The payment by an employer (without deduction from the remuneration of the

employee) of:

     (I) The tax imposed upon an employee under 26 U.S.C. § 3101; or

     (II) Any payment required from an employee under chapters 42 -- 44 of this title;

     (iii) Any amount paid by an employee, or an amount paid by an employer, under a benefit

plan organized under the Internal Revenue Code [26 U.S.C. § 125].

     (30) "Week" means the seven-day (7) calendar week beginning on Sunday at 12:01 A.M.

and ending on Saturday at 12:00 A.M. midnight.

 

PL 234 (Art. 1)

29) "Wages" means all remuneration paid for personal services on or after January 1, 1940,

including commissions and bonuses and the cash value of all remuneration paid in any medium

other than cash, and all other remuneration that is subject to a tax under a federal law imposing a

tax against which credit may be taken for contributions required to be paid into a state

unemployment fund. Gratuities customarily received by an individual in the course of the

individual's employment from persons other than the individual's employing unit shall be treated

as wages paid by the individual's employing unit. The reasonable cash value of remuneration paid

in any medium other than cash, and the reasonable amount of gratuities, shall be estimated and

determined in accordance with rules prescribed by the director; except that for the purpose of this

subdivision and of §§ 28-43-1 -- 28-43-14 28-43-1 – 28-43-8.1, 28-43-8.2[Repealed], 28-43-8.3,

28-43-8.4[Repealed], 28-43-8.5 – 28-43-8.10, 28-43-11[Repealed] and 28-43-12 – 28-43-14, this

term does not include:


 

 

786)

Section

Amended Chapter Numbers:

 

28-42-84

280 and 281

 

 

28-42-84. Job development fund -- Disbursements -- Unexpended balance.

     (a) The moneys in the job development fund shall be used for the following purposes:

     (1) To reimburse the department of labor and training for the loss of any federal funds

resulting from the collection and maintenance of the fund by the department;

     (2) To make refunds of contributions erroneously collected and deposited in the fund;

     (3) To pay any administrative expenses incurred by the department of labor and training

associated with the collection of the contributions for employers paid pursuant to § 28-43-8.5, and

any other administrative expenses associated with the maintenance of the fund, including the

payment of all premiums upon bonds required pursuant to § 28-42-85;

     (4) To provide for job training, counseling and assessment services, and other related

activities and services. Services will include, but are not limited to, research, development,

coordination, and training activities to promote workforce development and business development

as established by the governor's workforce board Rhode Island (workforce board);

     (5) To support the state's job training for economic development;

     (6) Beginning January 1, 2001, two hundredths of one percent (0.02%) out of the job

development assessment paid pursuant to § 28-43-8.5 shall be used to support necessary core

services in the unemployment insurance and employment services programs operated by the

department of labor and training;

     (7) Beginning January 1, 2011, and ending in tax year 2014, three tenths of one percent

(0.3%) out of the fifty-one hundredths of one percent (0.51%) job development assessment paid

pursuant to § 28-43-8.5 shall be deposited into a restricted receipt account to be used solely to pay

the principal and/or interest due on Title XII advances received from the federal government in

accordance with the provisions of Section 1201 of the Social Security Act [42 U.S.C. § 1321];

provided, however, that if the federal Title XII loans are repaid through a state revenue bond or

other financing mechanism, then these funds may also be used to pay the principal and/or interest

that accrues on that debt. Any remaining funds in the restricted receipt account, after the

outstanding principal and interest due has been paid, shall be transferred to the employment security

fund for the payment of benefits; and

     (8) Beginning January 1, 2019, and ending December 31, 2019, the amount of the job

development assessment paid pursuant to § 28-43-8.5 above nineteen hundredths of one percent

(0.19%) shall be used to support necessary core services in the unemployment insurance and

employment services programs operated by the department of labor and training; and

     (9) Beginning January 1, 2023, and through the end of the subsequent biennial employment

and training plan required by § 42-102-6(a)(2), at least four percent (4%) of prior fiscal year job

development assessment revenues shall be utilized to provide contractor training program grants

that shall prioritize minority business enterprises, and state and local building officials. As an

addendum to that plan required by § 42-102-6(a)(2), there shall be a report that assesses the impact

of the funding required by this subsection on these prioritized groups, including any impact on §

37-14.1-1, and prospectively assesses the need to continue this support, and provides

recommendations to incorporate funding in the furtherance of developing these aforementioned

workforce sectors.

     (b) The general treasurer shall pay all vouchers duly drawn by the workforce board upon

the fund, in any amounts and in any manner that the workforce board may prescribe. Vouchers so

drawn upon the fund shall be referred to the controller within the department of administration.

Upon receipt of those vouchers, the controller shall immediately record and sign them and shall

promptly transfer those signed vouchers to the general treasurer. Those expenditures shall be used

solely for the purposes specified in this section and its balance shall not lapse at any time but shall

remain continuously available for expenditures consistent with this section. The general assembly

shall annually appropriate the funds contained in the fund for the use of the workforce board and,

in addition, for the use of the department of labor and training effective July 1, 2000, and for the

payment of the principal and interest due on federal Title XII loans beginning July 1, 2011;

provided, however, that if the federal Title XII loans are repaid through a state revenue bond or

other financing mechanism, then the funds may also be used to pay the principal and/or interest

that accrues on that debt.


 

 

787)

Section

Amended Chapter Numbers:

 

28-44-7

117 and 118

 

 

28-44-7. Partial unemployment benefits.

     For weeks beginning on or after July 1, 1983, an individual partially unemployed and

eligible in any week shall be paid sufficient benefits with respect to that week, so that the

individual's week's wages, rounded to the next higher multiple of one dollar ($1.00), as defined in

§ 28-42-3(26), and the individual's benefits combined will equal in amount the weekly benefit rate

to which the individual would be entitled if totally unemployed in that week. For weeks beginning

on or after May 23, 2021, through June 30, 2022 2023, an individual partially unemployed and

eligible in any week shall be paid benefits in an amount equal to the weekly benefit rate to which

the individual would be entitled if totally unemployed in that week less any wages earned in that

week, as defined in § 28-42-3(26), and the individual's benefits combined may not exceed in

amount one hundred and fifty percent (150%) of the individual's weekly benefit rate.


 

 

 

788)

Section

Amended Chapter Numbers:

 

31-3-48

334 and 335

 

 

31-3-48. Plates for recipients of Purple Heart.

     (a) The administrator of the division of motor vehicles is empowered to make available to

recipients of the Purple Heart Medal a up to two (2) sets of special motor vehicle registration plate

plates indicating the owner as a recipient of the Purple Heart.

     (b) The plate shall contain the words "combat wounded" across the top of the plate and

shall have an insignia for the Purple Heart and be followed by the letters "P H", followed by a

numeral or numerals. The Purple Heart insignia may be reproduced on the plate in the color purple.

     (c) Upon the death of the holder of any purple heart Purple Heart plates, the plates shall

be transferred to his or her surviving spouse for the spouse's lifetime until he or she remarries.

     (d) The applicant is not required to pay a registration fee or service charge for the plates.

     (e) Upon the death of the holder of any purple heart Purple Heart plates, if there is no

surviving spouse, a family member of the recipient may retain one of the special motor vehicle

registration plates in his or her own keeping, provided he or she does not display the plate upon any

motor vehicle or any other form of transportation owned or operated by the family member. The

other purple heart Purple Heart plate must be returned to the division of motor vehicles.

     (f) Any violation of the provisions of subsection (e) of this section shall be deemed a civil

violation, and any person displaying a special motor vehicle registration plate upon any vehicle

shall, upon conviction, be fined five hundred dollars ($500) for each offense. Each day in which

the special motor vehicle registration plate is displayed upon any vehicle shall be a separate offense

punishable by the same penalty.


 

 

789)

Section

Added Chapter Numbers:

 

31-3-48.2

71 and 72

 

 

31-3-48.2. Plates for recipients of the Bronze Star Medal.

     (a) The administrator of the division of motor vehicles is empowered to make available to

recipients of the United States Bronze Star Medal a special motor vehicle registration plate

indicating the owner as a recipient of the Bronze Star Medal. The applicant shall be required to pay

a registration fee and a transfer charge of five dollars ($5.00) for the plate.

     (b) The plate shall contain the words "Bronze Star Medal" across the top of the plate, shall

bear an insignia for the Bronze Star Medal, and then a numeral or numerals.

     (c) Upon the death of the holder of any "Bronze Star Medal" plate, the plate shall be

transferred to the surviving spouse for the spouse's lifetime or until remarriage.


 

 

 

790)

Section

Amended Chapter Numbers:

 

31-3-94

269 and 270

 

 

31-3-94. Expiration of authorization of issuance of special motor vehicle plates.

     (a) The statutory authorization of the issuance of any special motor vehicle registration

plates after January 1, 2013 2022, shall expire if any statutorily mandated minimum number of

prepaid orders of such plates has not been satisfied within five (5) years following the enactment

of such authorization.

     (b) The statutory authorization of the issuance of any special motor vehicle registration

plates enacted prior to January 1, 2013 2022, shall expire on January 1, 2018 June 30, 2023, if any

statutorily mandated minimum number of prepaid orders of such plates has not been satisfied prior

to that date.


 

 

791)

Section

Amended Chapter Numbers:

 

31-3-117

269 and 270

 

 

31-3-117. Minimum prepaid special motor vehicle registration plate orders.

     (a) As to any special motor vehicle registration plates that have been authorized pursuant

to this chapter but that have not been issued or printed as of July 2, 2018, because the minimum

number of prepaid orders for the plates has not been reached, the minimum number of plates that

must be prepaid and ordered prior to the plates being made and issued shall be deemed to be six

hundred (600) sets of plates per plate type. If the minimum number of prepaid plates provided

pursuant to any other section of this chapter is a higher number, that number shall be deemed

reduced to six hundred (600) sets of plates per plate type.

     (b) As to any special plates that are authorized pursuant to this chapter after July 2, 2018,

the minimum number of plates that must be prepaid and ordered prior to the plates being made and

issued shall be six hundred (600) sets of plates per plate type.

     (c)(1) Notwithstanding subsections (a) and (b) of this section, the minimum number of

prepaid orders for special motor vehicle registration plates that either have been authorized pursuant

to this chapter, but have not been issued or printed as of the effective date of this subsection, because

the minimum number of prepaid orders for the plates has not been reached or are authorized

pursuant to this chapter after the effective date of this subsection, may be reduced to one hundred

fifty (150) sets of plates per plate type if the applicable sponsoring nonprofit entity delivers to the

division of motor vehicles:

     (i) Orders for a minimum of one hundred fifty (150) sets of plates per plate type; and

     (ii) A nonrefundable payment to compensate for the amount of special plate orders fewer

than six hundred (600). The payment shall be calculated as follows: six hundred (600) orders, less

the number of orders placed, multiplied by thirty dollars ($30.00).

     (2) The portion of the applicable sponsoring nonprofit entity's issuance surcharge that is to

be allocated to the general fund shall be deemed paid for the first six hundred (600) sets of plates

per plate type issued by the payment in an amount as determined by subsection (c)(1)(ii) of this

section.

     (3) The division of motor vehicles shall make available plates eligible for issuance pursuant

to subsection (c)(1) of this section, no later than six (6) months after receipt of the orders and the

nonrefundable payment in the amount determined by subsection (c)(1)(ii) of this section; provided,

however, that if multiple orders and payments in amounts pursuant to subsection (c)(1)(ii) of this

section are received from different sponsoring nonprofit entities, the division of motor vehicles

shall be afforded no more than six (6) months for each separate plate that becomes eligible for

issuance and may complete the work necessary for the issuance of one order at a time in the order

of receipt.

     (4) The ability of applicable sponsoring nonprofit entities to reduce the minimum number

of prepaid orders to one hundred fifty (150) sets of plates per plate type pursuant to subsection

(c)(1) of this section shall expire on December 31, 2025. The division of motor vehicles shall

complete the work necessary for issuance of all plates for which it receives the required orders and

nonrefundable payments in the amount determined by subsection (c)(1)(ii) of this section on or

before December 31, 2025, in accordance with subsection (c)(3) of this section.


 

 

 

792)

Section

Added Chapter Numbers:

 

31-3-122

260 to 314

 

 

31-3-122. Special plate for Friends of Pomham Rocks Lighthouse.

     (a) The administrator of the division of motor vehicles is empowered to make available

special motor vehicle registration plates for the not-for-profit Friends of Pomham Rocks

Lighthouse. The plates shall be designed to reference Friends of Pomham Rocks Lighthouse.

     (b) The special plate shall be displayed upon the same registration number assigned to the

vehicle for which it was issued, and shall be used in place of and in the same manner as the

registration plates issued to the vehicle. The original registration plates for the vehicle shall be

removed from the vehicle and returned to the division of motor vehicles. The registration certificate

for the plates shall be carried in the vehicle, in accordance with § 31-3-9. The registration certificate

shall be in effect for the special plate.

     (c) Friends of Pomham Rocks Lighthouse motor vehicle plates shall be the same size as

regular motor vehicle plates, and shall be designed by Friends of Pomham Rocks Lighthouse in

conjunction with the division of motor vehicles, with the design approved by the Rhode Island state

police.

     (d) Friends of Pomham Rocks Lighthouse plates shall be subject to a minimum prepaid

order of at least six hundred (600) sets of plates per plate type (i.e., passenger, commercial, etc.).

Friends of Pomham Rocks Lighthouse plates shall not be issued unless the minimum order(s)

requirements are met. The initial order will be handled by Friends of Pomham Rocks Lighthouse

and shall not be submitted to the division of motor vehicles for production until the minimum

order(s) have been met and the proper paperwork submitted to the division.

     (e) The administrator of the division of motor vehicles shall develop, pre-payment

procedures, and any other procedures deemed necessary to carry out the purposes of this section.

     (f) In addition to the regular prescribed motor vehicle registration fee, Friends of Pomham

Rocks Lighthouse plates shall be subject to a forty-dollar ($40.00) issuance surcharge.

     (g) The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: twenty

dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00)

shall be distributed annually to Friends of Pomham Rocks Lighthouse in furtherance of its mission

to assist charitable organizations in Rhode Island with fiscal needs to assist with historic renovation,

preservation, and to improve public awareness and access to the Pomham Rocks Lighthouse.

     (h) A ten-dollar ($10) surcharge for subsequent registration renewals shall be allocated to

Friends of Pomham Rocks Lighthouse.

     (i) In consideration of the receipt of funds from the registration of Pomham Rocks

Lighthouse plates, the organization must use any Rhode Island sourced funds in and for the benefit

of Rhode Island-based charitable organizations.

     (j) Friends of Pomham Rocks Lighthouse will be required to submit an annual accounting

report before such monies are distributed.

     (k) There shall be no refunds for early cancellation of Friends of Pomham Rocks

Lighthouse motor vehicle license plates.


 

 

 

793)

Section

Added Chapter Numbers:

 

31-3-124

258 and 316

 

 

31-3-124. Special plate for The Rose Island Lighthouse Foundation, Inc.

     (a) The administrator of the division of motor vehicles is empowered to make available

special motor vehicle registration plates for the not-for-profit The Rose Island Lighthouse

Foundation, Inc. The plates shall be designed to reference The Rose Island Lighthouse Foundation,

Inc.

     (b) The special plate shall be displayed upon the same registration number assigned to the

vehicle for which it was issued, and shall be used in place of and in the same manner as the

registration plates issued to the vehicle. The original registration plates for the vehicle shall be

removed from the vehicle and returned to the division of motor vehicles. The registration certificate

for the plates shall be carried in the vehicle, in accordance with § 31-3-9. The registration certificate

shall be in effect for the special plate.

     (c) The Rose Island Lighthouse Foundation, Inc. motor vehicle plates shall be the same

size as regular motor vehicle plates, and shall be designed by The Rose Island Lighthouse

Foundation, Inc., in conjunction with the division of motor vehicles, with the design approved by

the Rhode Island state police.

     (d) The Rose Island Lighthouse Foundation, Inc. plates shall be subject to a minimum pre-

paid order of at least six hundred (600) sets of plates per plate type (i.e., passenger, commercial,

etc.). The Rose Island Lighthouse Foundation, Inc. plates shall not be issued unless the minimum

order requirements are met. The initial order will be handled by The Rose Island Lighthouse

Foundation, Inc., and shall not be submitted to the division of motor vehicles for production until

the minimum order(s) have been met, and the proper paperwork submitted to the division.

     (e) The administrator of the division of motor vehicles shall develop pre-payment

procedures and any other procedures deemed necessary to carry out the purposes of this section.

     (f) In addition to the regular prescribed motor vehicle registration fee, The Rose Island

Lighthouse Foundation, Inc. plates shall be subject to a forty-dollar ($40.00) issuance surcharge.

     (g) The forty-dollar ($40.00) issuance surcharge shall be allocated as follows:

Twenty dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars

($20.00) shall be distributed annually to The Rose Island Lighthouse Foundation, Inc., to assist in

the fiscal needs required to maintain and protect this historic site for all to enjoy, and to continue

in the fostering of The Rose Island Lighthouse Foundation, Inc. presence as an asset to Rhode

Island's economic growth and prosperity.

     (h) A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated

to The Rose Island Lighthouse Foundation, Inc.

     (i) In consideration of the receipt of funds from the registration of The Rose Island

Lighthouse Foundation, Inc. license plates, the foundation must use any Rhode Island sourced

funds in, and for the benefit of, Rhode Island-based charitable organizations.

     (j) The Rose Island Lighthouse Foundation, Inc. shall be required to submit an annual

accounting report before such monies are distributed.

     (k) There shall be no refunds for early cancellation of The Rose Island Lighthouse

Foundation, Inc. plates.


 

 

 

794)

Section

Amended Chapter Numbers:

 

31-3-125

261 and 313

 

 

31-3-125. Special plate for the Beavertail Lighthouse Museum Association.

     (a) The administrator of the division of motor vehicles is empowered to make available

special motor vehicle registration plates for the Beavertail Lighthouse Museum Association. The

plates shall be designed to reference the Beavertail Lighthouse Museum Association.

     (b) The special plate shall be displayed upon the same registration number assigned to the

vehicle for which it was issued and shall be used in place of, and in the same manner as, the

registration plates issued to the vehicle. The original registration plates for the vehicle shall be

removed from the vehicle and returned to the division of motor vehicles. The registration certificate

for the plates shall be carried in the vehicle in accordance with § 31-3-9. The registration certificate

shall be in effect for the special plate.

     (c) The Beavertail Lighthouse Museum Association motor vehicle plates shall be the same

size as regular motor vehicle plates and shall be designed by the Beavertail Lighthouse Museum

Association, in conjunction with the division of motor vehicles, with design approval by the Rhode

Island state police.

     (d) The Beavertail Lighthouse Museum Association plates shall be subject to a minimum

pre-paid order of at least six hundred (600) sets of plates per plate type (i.e., passenger, commercial,

etc.). The Beavertail Lighthouse Museum Association plates shall not be issued unless the

minimum order(s) requirements are met. The initial order will be handled by the Beavertail

Lighthouse Museum Association and shall not be submitted to the division of motor vehicles for

production until the minimum order(s) have been met and the proper paperwork submitted to the

division.

     (e) The administrator of motor vehicles shall develop prepayment procedures and any other

procedures deemed necessary to carry out the purposes of this section.

     (f) In addition to the regular prescribed motor vehicle registration fee, the Beavertail

Lighthouse Museum Association plates shall be subject to a forty dollar ($40.00) issuance

surcharge.

     (g) The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: Twenty

dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00)

shall be distributed annually to the Beavertail Lighthouse Museum Association in furtherance of

its mission to preserve and protect the buildings of the Beavertail Lighthouse site and to maintain

and make available key aspects of Beavertails Beavertail’s history.

     (h) A ten-dollar ($10.00) surcharge for subsequent registration renewals shall be allocated

to the Beavertail Lighthouse Museum Association.

     (i) In consideration of the receipt of funds from the registration of Beavertail Lighthouse

Museum Association license plates, the foundation must use any Rhode Island sourced funds in,

and for the benefit of, Rhode Island-based charitable organizations.

     (j) The Beavertail Lighthouse Museum Association will be required to submit an annual

accounting report before such monies are distributed.

     (k) There shall be no refunds for early cancellation of Beavertail Lighthouse Museum

Association plates.


 

 

 

795)

Section

Added Chapter Numbers:

 

3-3-126

320 and 322

 

 

3-3-126. Special plate for Atlantic Shark Institute.

     (a) The administrator of the division of motor vehicles is empowered to make available

special motor vehicle registration plates for the nonprofit Atlantic Shark Institute. The plates shall

be designed to reference Atlantic Shark Institute.

     (b) The special plate shall be displayed upon the same registration number assigned to the

vehicle for which it was issued, and shall be used in place of and in the same manner as the

registration plates issued to the vehicle. The original registration plates for the vehicle shall be

removed from the vehicle and returned to the division of motor vehicles. The registration certificate

for the plates shall be carried in the vehicle, in accordance with § 31-3-9. The registration certificate

shall be in effect for the special plate.

     (c) Atlantic Shark Institute motor vehicle plates shall be the same size as regular motor

vehicle plates, and shall be designed by Atlantic Shark Institute in conjunction with the division of

motor vehicles, with the design approved by the Rhode Island state police.

     (d) Atlantic Shark Institute plates shall be subject to a minimum pre-paid order of at least

six hundred (600) sets of plates per plate type (i.e., passenger, commercial, etc.). Atlantic Shark

Institute plates shall not be issued unless the minimum order(s) requirements are met. The initial

order will be handled by Atlantic Shark Institute and shall not be submitted to the division of motor

vehicles for production until the minimum order(s) have been met and the proper paperwork

submitted to the division.

     (e) The administrator of motor vehicles shall develop pre-payment procedures, and any

other procedures deemed necessary to carry out the purposes of this section.

     (f) In addition to the regular prescribed motor vehicle registration fee, Atlantic Shark

Institute plates shall be subject to a forty-dollar ($40.00) issuance surcharge.

     (g) The forty-dollar ($40.00) issuance surcharge shall be allocated as follows: Twenty

dollars ($20.00) shall be allocated to the general fund and the remaining twenty dollars ($20.00)

shall be distributed annually to Atlantic Shark Institute to assist in the fiscal needs and in

furtherance of its mission.

     (h) A ten-dollar ($10) surcharge for subsequent registration renewals will go to Atlantic

Shark Institute.

     (i) In consideration of the receipt of funds from the registration of Atlantic Shark Institute

plates, the organization must use any Rhode Island-sourced funds in and for the benefit of Rhode

Island-based charitable organizations.

     (j) Atlantic Shark Institute will be required to submit an annual accounting report before

such monies are distributed.

     (k) There shall be no refunds for early cancellation of Atlantic Shark Institute motor vehicle

license plates.


 

 

 

796)

Section

Amended Chapter Numbers:

 

31-4-3

249 and 250

 

 

31-4-3. Temporary registration -- Invoice voucher issued by dealer.

     (a) Any person who purchases a motor vehicle from a bona fide licensed dealer and who

presently has a motor vehicle registered in this state, may, when the vehicle purchased is of the

same type as the presently owned and registered vehicle, operate the newly acquired motor vehicle

for a period of twenty (20) thirty (30) days following the date of the original dated voucher. During

this period any operator of the newly acquired vehicle shall carry the original dated bill of sale or

invoice voucher which shall be accompanied by a numbered state sales tax form. The voucher or

bill of sale shall recite the registration number to be transferred from the former vehicle to the newly

acquired vehicle.

     (b) The bill of sale or invoice voucher shall be sequentially and numerically identified,

dated on the day of sale, and shall be valid for not more than twenty (20) thirty (30) days following

the date of the original dated voucher. No dealer or any other person shall extend or alter the date

nor shall a new bill of sale be issued to the purchaser as a means to circumvent this section.

     (c) Every dealer shall keep a sequential record of each temporary certificate issued and

those records shall be available during business hours for examination by any police officer or

inspector of the division of motor vehicles as designated by the administrator of the division of

motor vehicles.

     (d) Violations of this section are subject to fines enumerated in § 31-41.1-4.


 

 

 

797)

Section

Amended Chapter Numbers:

 

31-4-9

249 and 250

 

 

31-4-9. Out-of-state purchases.

     Any person who purchases a motor vehicle outside the state of Rhode Island from a bona

fide licensed dealer and who presently has a motor vehicle registered in this state may, when the

new vehicle purchased is of the same type, and has the same number of wheels as the presently

owned and registered vehicle, operate the newly acquired motor vehicle for a period beginning at

the date of transfer until five o'clock (5:00) p.m. of the third division of motor vehicles business

day of thirty (30) days following the date of transfer provided that the number plates issued upon

registration of the transferred motor vehicle are attached to the newly acquired vehicle. During this

period any operator of the newly acquired vehicle shall carry an original dated copy of the bill of

sale reciting the registration number to be transferred from the former vehicle to the newly acquired

vehicle.


 

 

798)

Section

Amended Chapter Numbers:

 

31-4-10

249 and 250

 

 

31-4-10. Temporary transfer of registration.

     (a) A person who transfers the ownership of a registered motor vehicle or trailer owned by

him or her to another or who loses possession of it and who intends to transfer the registration of

the motor vehicle or trailer to a newly acquired vehicle may, subject to other provisions of the this

title, operate the newly acquired motor vehicle or trailer for a period beginning from the date of

transfer until five o'clock (5:00) p.m. of the second division of motor vehicles business day of thirty

(30) days following the date of transfer within the period of which the transferred vehicle was

registered, provided that the number plates issued upon registration of the transferred motor vehicle

are attached to the newly acquired vehicle, and a true copy of the bill of sale is sent to the division

of motor vehicles within twenty-four (24) hours of the transfer.

     (b) During these periods, any operator of a newly acquired vehicle shall carry an original

copy of the bill of sale reciting the registration number to be transferred from the former vehicle to

the newly acquired vehicle, the date of the sale or transfer, the make and identification number of

the vehicle, and the signature and address of the seller.

     (c) This section shall apply only to transfer of registration between vehicles of the same

type and with the same number of wheels.


 

 

 

799)

Section

Amended Chapter Numbers:

 

31-10.3-8

259 and 315

 

 

31-10.3-8. Rulemaking authority.

     The administrator for motor vehicles, department of revenue, is authorized to adopt and

enforce any rules and regulations that may be necessary to carry out the provisions of chapters 1 -

- 27 of this title and any other laws the enforcement and administration of which are vested in the

division of motor vehicles, including rules and regulations concerning specialized testing and

standards for operators of commercial vehicles. Any former member of the Armed Forces,

including, but not limited to, the Rhode Island National Guard, who received a military license to

drive heavy equipment, shall be exempt from taking a road test when applying for a commercial

driver's license for a similar class of commercial motor vehicle for which the applicant has been

previously licensed by the military, if such applicant is deemed to be otherwise qualified pursuant

to 49 CFR 383.77 C.F.R. § 383.77Any member of an organized fire department, including

volunteer members, who have five (5) years of driving experience of fire apparatus and who has

completed a safety driving course, including a road test from a recognized agency shall, upon

providing a letter from the fire chief of their fire department to the administrator of motor vehicles,

be exempt from taking a road test when applying for a commercial drivers' license for a similar

class of commercial motor vehicle, provided the applicant is deemed otherwise qualified pursuant

to 49 CFR 383.77.


 

 

800)

Section

Added Chapter Numbers:

 

31-10.4

241 and 242

 

 

CHAPTER 10.4

DRIVER PRIVILEGE CARDS AND PERMITS


 

 

801)

Section

Added Chapter Numbers:

 

31-10.4-1

241 and 242

 

 

31-10.4-1. Driver privilege cards and permits.

     (a) Upon application of any person, who otherwise meets the requirements of chapter 10

of this title, except is unable to establish legal presence in the United States, the division of motor

vehicles is authorized to issue a driver privilege card and/or driver privilege permit, to any

applicant, if the division of motor vehicles determines that the applicant:

     (1) Has verification from the tax administrator that the applicant either has filed a personal

income tax return as a resident with this state for the tax year preceding the date of application or

has been claimed as a dependent on a personal income tax return by an individual who has filed a

personal income tax return as a resident with this state for the tax year preceding the date of

application;

     (2) Presents two (2) primary proof of identity documents, as defined in § 31-10.4-5, or one

primary proof of identity document and one secondary proof of identity document, as defined in §

31-10.4-5;

     (3) Presents two (2) proof of residency documents, which shall mean, for purposes of this

subsection, the proof of residency documents set forth in 280-RICR-30-00-1.4.1(D), as may be

amended from time to time; and

     (4) Is not in violation of the insurance requirements, set forth in chapters 31 and 32 of this

title.

     (b) Notwithstanding any other provision of law to the contrary, the administrator of the

division of motor vehicles may provide information submitted by the applicant to the tax

administrator for the sole purpose of implementing subsection (a)(1) of this section, and such

information shall be kept confidential by the tax administrator.


 

 

 

802)

Section

Added Chapter Numbers:

 

31-10.4-2

241 and 242

 

 

31-10.4-2. Issuance of driver privilege cards and permits.

     (a) Driver privilege cards and permits shall confer the same privileges and shall be subject

to the same provisions of this title as driver's licenses and permits issued under chapter 10 of this

title, unless otherwise provided, and shall be subject to the following conditions and exceptions:

     (1) The front and back of a driver privilege card or permit shall be identical in appearance

to a driver's license or permit, that is not a REAL ID credential;

     (2) An applicant for a driver privilege card or permit, shall not be required to present proof

of legal presence in the United States or proof of a social security number, if the individual does

not have one;

     (3) A driver privilege card or permit shall expire on the applicant's second birthday

following the date of its issuance;

     (4) The fee for an original driver privilege card shall be fifty dollars ($50.00). Every driver

privilege card renewal issued after expiration of the original driver privilege card shall expire on

the birthday of the cardholder in the fifth year following the issuance of the driver privilege card,

with the exception of any person seventy-five (75) years or older whose driver privilege card shall

expire on the birthday of the cardholder in the second year following the issuance of the driver

privilege card, and shall be renewable on or before expiration upon application and payment of a

fee of thirty dollars ($30.00). No applicant shall be required to provide proof of compliance with §

31-10.4-1(a)(1) through (3) for a reissued, renewed, or duplicate card or permit; and

     (5) Any information collected pursuant to this section, that is not otherwise collected by

the division of motor vehicles or required for the issuance of any other driving credential issued

pursuant to the provisions of this chapter and any information regarding restrictions in the division

of motor vehicles' records, related to the issuance of a credential issued pursuant to this section,

shall not be considered a public record. The information shall not be released, except upon request

by the subject of the information, the parent of a minor who is the subject of the information, the

guardian of the subject of the information, or the authorized representative of the subject of the

information, or pursuant to a court order.

     (b) Applicants for a driving driver privilege card will not be required to comply with

successful completion of the written exam required by § 31-10-21 and the road test required by §

31-10-22 if they can provide one of the following:

     (1) A current valid driver's license, or one that has expired by less than five (5) years, issued

by a state or U.S. territory, whose driving records are accessible through the Problem Driver Pointer

System maintained by the National Driver Register; or

     (2) In the event the driver's license issued by another state or U.S. territory is not available

at the time the application is made, or the driving records of the issuing state or territory are not

accessible through the Problem Driver Pointer System maintained by the National Driver Register,

a certified driving record issued less than thirty (30) days prior to application will be accepted.

     (c) Applicants under the age of eighteen (18) shall be required to comply with all of the

education and testing requirements, set forth in §§ 31-10-19 through 31-10-22, and all of the

provisions of the graduated licenses statutes, set forth in §§ 31-10-6 through 31-10-6.5.

     (d) Applicants eighteen (18) years of age and older, who do not meet the driving experience

requirement in this chapter, shall be required to comply with all testing requirements set forth in §§

31-10-21 through 31-10-22.

     (e) Unless they are in conflict with the provisions of this chapter or the context in which

they are used clearly requires a different meaning or a different definition as prescribed for a

particular section, group of sections, or provision, for purposes of this title, chapter 11.1 of title 15,

chapter 12 of title 24, and chapter 18.1 of title 39, the terms "license" and "operator's license" shall

include the "driver privilege card,", and "permit" shall include "driver privilege permit" as defined

by this section, and all examinations, education requirements, residency requirements, penalties,

fees, and all other provisions for a license, operator's license, or permit shall also apply to the driver

privilege card and driver privilege permit.

     (f) The driving driver privilege card and the driving driver privilege permit shall not be a

valid form of identification for official federal purposes or state voting purposes.

     (g) The applicant for a driving driver privilege card and or the driving driver privilege

permit shall be required to comply with all other applicable Rhode Island laws, rules, and

regulations.

     (h) A driver privilege card or a driver privilege permit shall not be used as evidence of the

holder's citizenship or immigration status, and shall not be used as a basis for a criminal

investigation, arrest, or detention in circumstances where a person with a regular driver's license

would not be criminally investigated, arrested, or detained. Any person aggrieved by a violation of

this subsection may seek appropriate declaratory and/or injunctive relief and may be awarded

damages and costs, including attorneys' fees.

     (i) It shall be a violation of chapter 112 of title 42 to discriminate against an individual

solely on the ground that they hold or present a driving driver privilege card or driving driver

privilege permit, issued under this section.


 

 

 

803)

Section

Added Chapter Numbers:

 

31-10.4-3

241 and 242

 

 

31-10.4-3. Confidentiality of documents -- Privacy.

     (a) The division of motor vehicles shall not release the following information, relating to

the issuance of a driver privilege card or permit, except upon request by the subject of the

information, the parent of a minor who is the subject of the information, the guardian of the subject

of the information, or the authorized representative of the subject of the information, or pursuant to

a court order:

     (1) Proof documents submitted for the purpose of obtaining a driver privilege card or

permit;

     (2) The information in the division of motor vehicles' records indicating the type of proof

documentation that was provided; or

     (3) Applications.

     (b) Notwithstanding any other law to the contrary, any document, including photo images,

provided by the applicant to the division of motor vehicles for purposes of proving the applicant's

eligibility for a non-commercial driver's license or permit or for renewal of such license or permit

under this section is not a public record and may not be disclosed by the division, except to the

person who is the subject of such records or in response to a subpoena for individual records in a

criminal proceeding or pursuant to a lawful court order.

     (c) The division, and any agent or employee of the division, shall not disclose or make

accessible in any manner, records or information that he or she obtains or maintains under this

section, including photo images, to any federal, state, or municipal agency or to any employee or

agent of such agency for the purpose of enforcing immigration law, unless the division is presented

with a lawful court order or judicial warrant signed by a judge, appointed pursuant to article III of

the United States constitution Constitution.

     (1) Upon receiving a request for such records or information, the division shall, no later

than three (3) days after such request, notify the individual, about whom such information was

requested, informing the individual of the request and the identity of the agency that made the

request.

     (d) The division shall require any agency or entity that receives or has access to records or

information from the division, including photo images, to certify, before such receipt or access, that

such person or entity shall not:

     (1) Use such records or information for immigration enforcement purposes; or

     (2) Disclose such records or information to any other agency or entity, or to any employee

or agent of any such agency or entity, unless that other agency or entity also certifies that the

information will not be used for purposes of enforcing immigration law.


 

 

 

804)

Section

Added Chapter Numbers:

 

31-10.4-4

241 and 242

 

 

31-10.4-4. Rules and regulations.

     The administrator of the division of motor vehicles shall promulgate rules and regulations

to implement the provisions of this chapter.


 

 

805)

Section

Added Chapter Numbers:

 

31-10.4-5

241 and 242

 

 

31-10.4-5. Definitions.

     For purposes of this chapter:

     (1) "Primary proof of identity document" means any of the following documents that bear

the applicant's legal name and date of birth:

     (i) A valid foreign passport issued by an applicant's country of citizenship that is unexpired

or expired for less than five (5) years;

     (ii) A valid, unexpired consular identification document issued by an applicant's country

of citizenship;

     (iii) An employment authorization document;

     (iv) A refugee travel document (I-571);

     (v) A valid driver's license issued by a state of the United States with the applicant's

photograph, signature, and date of birth that is unexpired or expired for less than five (5) years; or

     (vi) Any other document sufficient to prove the applicant's identity as determined by the

division of motor vehicles.

     (2) "Secondary proof of identity document" means any of the following documents that

bear the applicant's legal name:

     (i) A valid driver privilege card or state identification card issued by a state or territory of

the United States that is unexpired or expired for less than five (5) years;

     (ii) An original or certified copy of a foreign birth certificate;

     (iii) A foreign driver's license;

     (iv) A valid foreign national identification card;

     (v) A marriage certificate issued by a state or territory of the United States;

     (vi) A divorce decree issued by a state or territory of the United States;

     (vii) A court order for adoption, name change or gender change issued by a court of the

United States or a court of a state of the United States that contains a court seal;

     (viii) A U.S. permit to Reenter Travel Document (I-327);

     (ix) A USCIS form I-797;

     (x) A certified copy of school records or a school transcript issued by a school accredited

by a state, jurisdiction, or territory of the United States;

     (xi) A U.S. Merchant Mariners Card;

     (xii) A U.S. Selective Service Card;

     (xiii) A U.S. Military DD214 or DD256;

     (xiv) A Veteran Administration Identification card with photograph;

     (xv) A Transportation Workers Identification Credential;

     (xvi) A U.S. Active Duty/Retiree/Reservist/Dependent Military ID card (DD-2 or Common

Access card);

     (xvii) A U.S. Customs and Border Protection FAST card;

     (xviii) An individual taxpayer identification number assignment letter; or

     (xix) Any other document sufficient to prove the applicant's identity as determined by the

division of motor vehicles.

     (3) Any primary proof of identity document or secondary proof of identity document that

is in a language other than English shall be accompanied by a certified English translation of such

document. Proof of change to the name contained on the applicant's primary proof of identity

document or secondary proof of identity document must be demonstrated with a document issued

by an authorized government agency.


 

 

 

806)

Section

Amended Chapter Numbers:

 

31-11-18

336 and 337

 

 

31-11-18. Driving after denial, suspension, or revocation of license.

      (a) Any person who drives a motor vehicle on any highway of this state who never applied

for a license, or who drives after his or her application for a license has been refused, or after his

or her license has expired, or who otherwise drives without a license, or at a time when his or her

license to operate is suspended, revoked, or cancelled, for reasons other than those provided for in

§ 31-11-18.1, may be guilty of a misdemeanor shall be subject to penalties and sanctions set forth

in this section.

      (b) Upon a first violation under this section, a civil penalty of not less than two hundred

fifty dollars ($250), nor more than five hundred dollars ($500), more than one hundred fifty dollars

($150) shall be imposed. For the second violation, a civil penalty of not less than three hundred

fifty dollars ($350), nor more than five hundred dollars ($500), may more than two hundred fifty

dollars ($250) shall be imposed. For a third violation, a civil penalty of not more than three hundred

fifty dollars ($350) shall be imposed. All violations under this subsection shall be heard in the

traffic tribunal.

      (c) Any person convicted of a third fourth or a subsequent violation of subsection (a) shall

be guilty of a misdemeanor and may, in the discretion of the sentencing judge, be imprisoned for a

term not exceeding ninety (90) days, one year, fined not less than five hundred dollars ($500) nor

more than one thousand dollars ($1,000), or both. Additionally, the sentencing judge may suspend

the person's license for a period not to exceed ninety (90) days one yearAll violations under this

subsection shall be heard in the district court.

      (d) Notwithstanding the any other provisions provision of subsection (a) this section, any

person driving after his or her license has expired shall be issued a summons to appear in district

court the traffic tribunal not fewer than ten (10) days after the issuance of the summons, and shall

not be taken into custody based solely on this charge absent a warrant. Any person who shall cause

his or her expired license to be reinstated by the division of motor vehicles within ten (10) days

after issuance of the summons may present proof of reinstatement at the headquarters of the

charging police department. Presentation of proof of reinstatement within ten (10) days after the

issuance of the summons shall cause the summons to be voided and shall otherwise constitute a

complete defense to the charge of driving after expiration of license and a bar to prosecution for

that charge. Any convictions under subsection (c) shall be expunged pursuant to the provisions of

chapter 1.3 of title 12. For the purposes of this subsection, each of the several state police barracks

shall be considered as a separate police headquarters.


 

 

 

807)

Section

Amended Chapter Numbers:

 

31-12-12

275 and 331

 

 

31-12-12. Powers of local authorities.

     (a) The provisions of chapters 12 -- 27 of this title shall not be deemed to prevent local

authorities with respect to streets and highways under their jurisdiction and within the reasonable

exercise of the police power from:

     (1) Regulating the standing or parking of vehicles;

     (2) Regulating traffic by means of police officers or traffic control signals;

     (3) Regulating or prohibiting processions or assemblages on the highways;

     (4) Designating particular highways as one-way highways and requiring that all vehicles

on them be moved in one specific direction;

     (5) Regulating the speed of vehicles in public parks;

     (6) Designating any highway as a through highway and requiring that all vehicles stop

before entering or crossing the highway or designating any intersection as a stop intersection and

requiring all vehicles to stop at one or more entrances to the stop intersection;

     (7) Restricting the use of highways as authorized in §§ 31-25-25 and 31-25-26;

     (8) Regulating the operation of bicycles and requiring the registration and licensing of

bicycles, including the requirement of a registration fee;

     (9) Regulating or prohibiting the turning of vehicles or specified types of vehicles at

intersections;

     (10) Altering the prima facie speed limits as authorized by these chapters;

     (11) Adopting any other traffic regulations that are specifically authorized by chapters 12

-- 27 of this title.

     (b) The city council of the city of Woonsocket is authorized and empowered to enact

ordinances providing that the chief of police, or the police officers as he or she may from time to

time designate, may impound, by means of a "Denver boot" or other immobilization device, or

cause to be impounded, through the agency of a person or persons in the employ of the city of

Woonsocket or the police department, or by independent contractor, any vehicle parked or standing

on any part of any way under the control of the city, if in the calendar year in which the vehicle is

so impounded and in the preceding calendar year, the aggregate of five (5) or more notices of

violation of any ordinances adopted for the regulation of parking of motor vehicles (whether

adopted prior to or subsequent to the passage of this chapter), have been affixed to the vehicle. The

ordinance shall provide for a post-impoundment hearing which shall be held between the time of

impoundment and not more than seven (7) days afterwards, at which any defense may be asserted.

The ordinance may impose liability for the reasonable cost of the impoundment on the owner of

the vehicle, and may provide that if a vehicle is so impounded, the vehicle shall be held until all

fines and charges lawfully imposed for the impoundment have been paid. The police department

shall promptly mail written notice to the registered owner of the impounded vehicle, directed to the

address furnished by the division of motor vehicles of motor vehicles or comparable agency of the

state in which the vehicle is registered, stating the date on which the vehicle was impounded, the

location at which it was impounded, and a statement that it will be released on the payment of all

fines and charges lawfully imposed for the impoundment. If, after thirty (30) days of mailing of

the notice to the registered owner as provided for in this subsection, the owner has not paid all fines

and charges imposed for the impounding, the vehicle so impounded shall be deemed to have been

abandoned and may be disposed of in accordance with §§ 31-22-14, 31-22-15, 31-22-17, and 31-

22-18, first applying the proceeds to pay all fines and charges imposed for the impoundment.

Vehicles owned by the state or a political subdivision of it; by the United States or any

instrumentality of it; or registered by a member of a foreign diplomatic corps or by a foreign

consular officer who is a citizen of the United States and bearing a distinctive number plate or

otherwise conspicuously marked as so owned or registered; and vehicles and persons described in

§§ 31-28-4, 31-28-6, and 31-28-7; shall not, however, be subject to impoundment. Violations of

this section are subject to fines enumerated in § 31-41.1-4.

     (c) The city council of the city of Warwick is authorized and empowered to enact

ordinances providing that the chief of police, or the police officers as he or she may from time to

time designate, may impound unregistered off-road recreational vehicles and snowmobiles that are

unlawfully used on public roads and, after notice and hearing in the Warwick municipal court, may

destroy such vehicles and snowmobiles so impounded. Further, the city council of the city of

Warwick is authorized and empowered to enact ordinances prohibiting gasoline filling stations

from selling gasoline and gasoline products to unregistered off-road recreational vehicles and

snowmobiles.


 

 

 

808)

Section

Added Chapter Numbers:

 

31-22-11.6.1

7 and 8

 

 

31-22-11.6.1.  Childcare vehicles and school extracurricular vehicles - COVID-19.

     (a) Notwithstanding § 31-31-11.6, or any general law, rule, or regulation to the contrary,

upon the effective date of this section, due to the public health crisis caused by COVID-19, the

requirement of using designated types of vehicles for specified routes as contained in § 31-22-

11.6(a)(2)(i) is hereby suspended, for student transportation providers ("Providers") retained by or

via the Rhode Island department of education ("RIDE") to provide student transportation services.

For such routes, retained providers may utilize:

     (1) School buses, as defined in § 31-1-3(aa);

     (2) Pupil transportation vehicles, as defined in § 31-22.1-1;

     (3) School extra-curricular extracurricular vehicles, as defined in § 31-22-11.6(a)(2)(ii);

     (4) Child care Childcare vehicles, as defined in § 31-22-11.6(a)(2)(iii); and

     (5) Family child care childcare home vehicles, as defined in § 31-22- 11.6(a)(2)(iv).

     (b) Vehicles authorized pursuant to subsection (a) of this section to transport students shall

also be in compliance with the applicable laws, rules, and regulations related to student

transportation vehicles and shall:

     (1) Carry a sign on the school bus visible from the front and back of the vehicle containing

the lettering required by § 31-20-11;

     (2) Be equipped with Type I Class A turn signal lamps, which shall have a four-(4) way

hazard warning signal switch to cause simultaneous flashing of the turn signal lamps which may

be activated when the vehicle is approaching a stop to load or discharge school students and when

needed as a vehicular traffic hazard warning. Each vehicle shall also be equipped with front and

rear alternating flashing school bus red signal lamps, which shall remain flashing when school

pupils are entering or leaving the vehicle; and

     (3) Be equipped with one pair of adequate chock blocks and three (3) flares in compliance

with United States Motor Vehicle D.O.T. Safety Standard No. 125.

     (c) The prohibition against school extracurricular vehicles from having amber or red

flashing lights as contained in 280-RICR-30-15-8.5(B)(l) is hereby suspended.

     (d) Retained providers may utilize student transportation vehicles currently registered in

Massachusetts or Connecticut to provide student transportation services in Rhode Island; provided

that:

     (1) Each student transportation vehicle has current, valid Massachusetts or Connecticut

registration and inspection stickers;

     (2) Each student transportation vehicle is covered by an insurance policy meeting the

requirements of § 31-22-10.1;

     (3) The Rhode Island department of education has verified compliance of subsections

(d)(1) and (d)(2) of this section; and

     (4) The retained provider complies with the registration requirement for each student

transportation vehicle pursuant to § 31-7-2 by the sunset date of this section.

     (e) The license requirements contained in §§ 31-10-5, 31-22.1-3(10), and 31-22-

11.6(b)(10) are hereby suspended for drivers currently licensed in Massachusetts or Connecticut to

operate student transportation vehicles and employed by retained providers pursuant to subsection

(a) of this section and furthermore, the provider driver may operate student transportation vehicles

appropriate for their licensure; provided that:

     (1) As applicable, the provider driver possesses a current, valid Massachusetts or

Connecticut commercial driver's license with a "P" and "S" endorsement and a current, valid

Massachusetts school bus certificate if licensed in Massachusetts.

     (2) As applicable, the provider driver possesses a current, valid Massachusetts or

Connecticut driver's license that is the equivalent of a Rhode Island license with the appropriate

endorsement(s) allowing the transportation of school children.

     (3) RIDE has verified compliance with subsections (e)(1) and (e)(2) of this section.

     (4) As applicable, the provider driver obtains a school bus certificate governed by 280-

RICR-30-05-2 prior to the sunset of this section.

     (5) As applicable, the provider driver obtains a pupil transportation certificate governed by

280-RICR-30-05-5 prior to the sunset of this section.

     (6) The provider driver complies with license requirements under §§ 31-10-5, 31-22.1-

3(10), and 31-22-11.6(b)(10) prior to the date of sunset of this section.

     (f) Unless extended by the general assembly, this section shall sunset upon the conclusion

of the 2021-2022 school year.


 

 

 

809)

Section

Amended Chapter Numbers:

 

31-22-31

180 and 181

 

 

31-22-31. Mobile telephone usage by motor vehicle operators.

     (a) For purposes of this section, the following terms shall have the following meanings:

     (1) "Engage in a call" means talking into or listening on a hand-held personal wireless

communication device, but does not include holding a hand-held personal wireless communication

device to activate, deactivate, or initiate a function of such telephone.

     (2) (3) "Hands-free accessory" means an attachment, add-on, built-in feature, or addition

to a personal wireless communication device, whether or not permanently installed in a motor

vehicle, that, when used, allows the vehicle operator to maintain both hands on the steering wheel.

     (3) (4) "Hands-free personal wireless communication device" means a hand-held personal

wireless communication device that has an internal feature or function, or that is equipped with an

attachment or addition, whether or not permanently part of such hand-held personal wireless

communication device, by which a user engages in a call without the use of either hand, whether

or not the use of either hand is necessary to activate, deactivate, or initiate a function of such

telephone.

     (4) (2) "Hand-held personal wireless communication device" means a personal wireless

communication device with which a user engages in a call using at least one hand.

     (5) "Immediate proximity" means the distance that permits the operator of a hand-held

personal wireless communication device to hear telecommunications transmitted over such hand-

held personal wireless communication device, but does not require physical contact with such

operator's ear.

     (6) "Mobile telephone" means a personal wireless communication device, analog, wireless,

or digital telephone capable of sending or receiving telephone communication without an access

line for service.

     (7) "Public utility" means a business that provides electricity, natural gas, water, and

communications and other information services to residential and commercial customers.

     (8) "Using" or "use" means holding a hand-held personal wireless communication device

to, or in the immediate proximity of, the user's ear.

     (b)(1) Except as otherwise provided in this section, no person shall operate a motor vehicle

while using a hand-held personal wireless communication device to engage in a call while such

vehicle is in motion.

     (2) An operator of a motor vehicle who holds a hand-held personal wireless communication

device to, or in the immediate proximity of, the operator's ear while such vehicle is in motion is

presumed to be engaging in a call within the meaning of this section. The presumption established

by this subdivision is rebuttable by evidence tending to show that the operator was not engaged in

a call.

     (3) The provisions of this section shall not be construed as authorizing the seizure or

forfeiture of a hand-held personal wireless communication device, unless otherwise provided by

law.

     (4) Subsection (b)(1) of this section shall not apply to:

     (i) The use of a hand-held personal wireless communication device for the sole purpose of

communicating with any of the following regarding an emergency situation: an emergency

response operator; a hospital, physician's office or health clinic; an ambulance company; a fire

department; a police department; or a public utility; or

     (ii) Any of the following persons while in the performance of their official duties and within

the scope of their employment: a peace officer, as defined in § 12-7-21, a firefighter or an operator

of an ambulance or authorized emergency vehicle, or the operator of a taxi cab, tow truck, or bus

without passengers; or employees or agents of a public utility; or

     (iii) The use of a hands-free personal wireless communication device.

     (c) Any person who violates the provisions of subsection (b)(1) of this section shall be

fined not more than one hundred dollars ($100 fined not more than one hundred dollars ($100);

except that provided, however, until January 1, 2023, the fine shall be suspended for a first-time

violator who provides proof of acquisition of a hands-free accessory subsequent to the violation,

but prior to the imposition of a fine.


 

 

 

 

 

810)

Section

Amended Chapter Numbers:

 

31-25-2

178 and 179

 

 

31-25-2. Vehicles exempt from limitations.

     (a) The provisions of this chapter governing size, weight, and load shall not apply to:

     (1) Road machinery;

     (2) Farm vehicles, including farm tractors, temporarily moved upon a highway;

     (3) Any vehicle owned and operated by the Rhode Island public transit authority that is

designed for carrying passengers and is comprised of two (2) sections permanently joined by a

hinge mechanism or an articulated joint that allows vertical and horizontal movement and a passage

for riders moving from one section to the other;

     (4) A vehicle operated under the terms of a special permit issued as provided in this chapter;

     (5) Covered heavy-duty tow and recovery vehicles;

     (6) Emergency vehicles with a weight limit of up to a maximum gross vehicle weight of

eighty-six thousand pounds (86,000 lbs.) or less than twenty-four thousand pounds (24,000 lbs.) on

a single steering axle; thirty-three thousand five hundred pounds (33,500 lbs.) on a single-drive

axle; sixty-two thousand pounds (62,000 lbs.) on a tandem axle; or fifty-two thousand pounds

(52,000 lbs.) on a tandem rear drive steer axle; or

     (7) Natural gas vehicles up to a maximum gross vehicle weight of eighty-two thousand

pounds (82,000 lbs.) by an amount that is equal to the difference between the weight of the vehicle

attributable to the natural gas tank and fueling system carried by that vehicle; and the weight of a

comparable diesel tank and fueling system.

     (b) The provisions of this chapter governing size, weight, and load shall not apply to fire

apparatus acquired by a city or town within this state prior to July 1, 1999.

     (c) Nothing in this section shall permit these vehicles to travel over any structure, highway,

or portion of highway which that is weight restricted for the vehicle load.


 

 

 

811)

Section

Amended Chapter Numbers:

 

31-25-3

178 and 179

 

 

31-25-3. Maximum width.

     (a) The total outside width of any vehicle or the load on it shall not exceed one hundred

two inches (102") excluding any safety and noncargo carrying appurtenances on either motorized

campers or camping recreational vehicles. Violations of this section are subject to fines enumerated

in § 31-41.1-4.

     (b) Any carrier or persons operating a vehicle that exceeds the maximum width, as

permitted or as defined in this section, shall be fined one hundred dollars ($100) per inch over width

or portion of it.


 

 

812)

Section

Amended Chapter Numbers:

 

31-25-4

178 and 179

 

 

31-25-4. Maximum height.

     (a) No vehicle including any load on it shall exceed a height of one hundred sixty-two

inches (162"). Violations of this section are subject to fines enumerated in § 31-41.1-4.

     (b) Any carrier or persons operating a vehicle that exceeds the maximum height, as

permitted or as defined in this section, shall be fined five hundred dollars ($500) per inch over

height or portion of it.


 

 

813)

Section

Amended Chapter Numbers:

 

31-25-5

178 and 179

 

 

31-25-5. Maximum length of single vehicle and load.

     (a) No vehicle, including any load on it, except Rhode Island public transit authority

articulated buses, shall exceed a length of forty feet (40') extreme overall dimension inclusive of

front and rear bumpers, or in the case of a motor bus, motorized camper or camping recreational

vehicle forty-five feet (45').

     (b) Any carrier or persons operating a vehicle that exceeds the maximum length, as

permitted or as defined in this section, shall be fined two hundred dollars ($200) per foot over

length or portion of it.


 

 

 

814)

Section

Amended Chapter Numbers:

 

31-25-6

178 and 179

 

 

31-25-6. Maximum number and length of coupled vehicles.

     (a) No combination of vehicles coupled together shall consist of more than three (3) units,

a truck-tractor, semi-trailer, and trailer. The combination of vehicles shall not be restricted in

overall length, except that when a truck-tractor, semi-trailer, and a trailer are used in combination,

the trailer or semi-trailer each shall not exceed twenty-eight and one-half feet (28' 6"), excluding

bumpers and accessories. Provided, however, that combinations of vehicles consisting of three (3)

units shall be permitted to operate only on the interstate highway system and on those highways,

streets, and roads designated by the director of the department of transportation.

     (b) Combinations of vehicles consisting of truck-tractor and semi-trailer coupled together

shall not be restricted in overall length, and semi-trailers shall not exceed fifty-three feet (53') in

length, excluding bumpers and accessories. Towaway trailer transporter combinations shall not be

restricted to an overall length limitation of less than eighty-two feet (82'). Semi-trailers exceeding

forty-eight and one-half feet (48' 6") shall be permitted to operate only on the interstate highway

system and on those highways, streets, and roads designated by the director of the department of

transportation. Exceptions to the requirements of this section include the use of a pole trailer and

combinations designed to transport motor vehicles and/or automobiles as authorized in §§ 31-25-7

and 31-25-8. The provision that no combination of vehicles coupled together shall consist of more

than three (3) units shall not apply to vehicles coupled together by a saddle mount device used to

transport motor vehicles in a drive-away service when no more than three (3) saddle mounts are

used, and equipment used in the combination is approved by Part 393.71 of the federal motor carrier

safety regulations, 49 C.F.R. § 393.71, and safety regulations of the division of motor vehicles of

the department of revenue of the state of Rhode Island as this federal and/or state legislation may

be amended or revised from time to time. Any owner or operator found deviating from the approval

approved permitted routes shall be fined a minimum mandatory fine of five hundred dollars ($500),

but not more than one thousand dollars ($1,000).

     (c) The distance from the kingpin of the trailer to the center of the rear axle may not exceed

forty-one feet (41').

     (d) Fifty-three foot (53') trailers shall be equipped with a rear-end protection device of

substantial construction consisting of a continuous lateral beam extending to within four inches

(4") of the lateral extremities of the trailer, and located not more than twenty-two inches (22") from

the surface of the road as measured with the vehicle empty and on level surface.

     (e) Violations of this section are subject to fines enumerated in § 31-41.1-4. Any carrier or

persons operating a vehicle or combination of vehicles that exceeds the maximum number or length

of coupled vehicles, as permitted or as defined in this section, shall be fined two hundred dollars

($200) per foot over length or portion of it.


 

 

815)

Section

Amended Chapter Numbers:

 

31-25-7

178 and 179

 

 

31-25-7. Front and rear extensions of load.

     (a) Subject to the provisions of this chapter limiting the length of vehicles and loads, the

load upon any vehicle, operated alone or the load upon the front vehicle of a combination of

vehicles, shall not extend more than three feet (3') beyond the foremost part of the vehicle, and the

load upon any vehicle, operated alone or the load upon the rear vehicle of a combination of vehicles,

shall not extend more than six feet (6') beyond the rear of the bed or body of the vehicle. Violations

of this section are subject to fines enumerated in § 31-41.1-4.

     (b) Any carrier or persons operating a vehicle that exceeds the maximum extensions of

load, as permitted or as defined in this section, shall be fined two hundred dollars ($200) per foot

over length or portion of it.


 

 

 

816)

Section

Amended Chapter Numbers:

 

31-25-13

178 and 179

 

 

31-25-13. Axle load limit.

     (a) The gross weight imposed on the highway by the wheels of any one axle of a vehicle

shall not exceed twenty-two thousand four hundred pounds (22,400 lbs.).

     (b) For the purposes of this chapter, "axle load" is defined as the total load transmitted to

the road by all wheels whose centers are included between two (2) parallel transverse vertical planes

forty inches (40") apart, extending across the full width of the vehicle.

     (c) Violations of this section are subject to fines enumerated in § 31-41.1-4 § 31-25-14.


 

 

 

817)

Section

Amended Chapter Numbers:

 

31-25-14

178 and 179

 

 

31-25-14. Maximum weight and tandem axles.

     (a) It shall be unlawful to transport or operate over or upon any public highway in this state

any vehicle equipped with tandem axles, should the gross weight of the axles exceed thirty-six

thousand pounds (36,000 lbs.) if the axle spacing does not exceed eight feet (8').

     (b) With respect to all public highways, the overall gross weight on a group of two (2) or

more consecutive axles of a vehicle or combination of vehicles, shall be determined by the

following bridge gross weight formula:

     W = 500 [(LN /(N-1)) + 12N + 36]

     where W = the overall gross weight on any group of two or more consecutive axles to the

nearest five hundred pounds (500 lbs.); L = the distance in feet between the extremes of any group

of two (2) or more consecutive axles; and N = the number of axles in the group under consideration.

This overall gross weight of any vehicle or combination of vehicles may not exceed eighty thousand

pounds (80,000 lbs.) except as specified in §§ 31-25-1, 31-25-2, and 31-25-21.

     (c) In any calculation using the formula in subsection (b) of this section in which the tandem

axle limit is less than thirty-six thousand pounds (36,000 lbs.), thirty-six thousand pounds (36,000

lbs.) shall be considered the legal limit. Single axle limits shall be as defined in § 31-25-13. Nothing

in this chapter shall be construed to abrogate any of the "grandfather rights" in existence as of April

1, 1989.

     (d) Penalties.

     (1) Any carrier, as defined in § 31-25-16, or persons operating a vehicle or combination of

vehicles that exceeds the weight limits of tandem-axle vehicles, as defined in this section, shall be

fined one hundred twenty-five dollars ($125) per one hundred pounds (100 lbs.) overweight or

portion of it.

     (2) Any carrier, as defined in § 31-25-16, or persons operating a vehicle or combination of

vehicles that exceeds the weight limits of twenty-two thousand four hundred pounds (22,400 lbs.)

single axle limits as cited in § 31-25-13, shall be fined one hundred twenty-five dollars ($125) per

one hundred pounds (100 lbs.) overweight or portion of it.

     (3) Any carrier , as defined in § 31-25-16, or persons operating a vehicle or combination

of vehicles that exceeds the bridge gross weight formula, as defined in this section, shall be fined

one hundred twenty-five dollars ($125) are subject to fines enumerated in § 31-25-16(c)(2) through

(c)(4).


 

 

818)

Section

Amended Chapter Numbers:

 

31-25-16

178 and 179

 

 

31-25-16. Authorized weight shown in registration -- Exceeding limit.

     (a) The administrator of the division of motor vehicles shall insert in the registration card

issued for a vehicle the gross weight for which it is registered. If it is a truck tractor to be used for

propelling semi-trailers, he or she shall separately insert the total permissible gross weight of the

truck tractor and semi-trailers to be propelled by it. It shall be unlawful for any carrier to operate

or permit to be operated any vehicle or combination of vehicles of a gross weight in excess of that

registered or permitted by the administrator of the division of motor vehicles, permitted by the

department of transportation, or in excess of the limitations set forth in this chapter.

     (b) For the purposes of this section this chapter 25 of title 31, "carrier" means and includes

any company or person who furthers their commercial or private enterprise by use of the vehicle.

     (c)(1) Penalties for violations of this section will be calculated on the registered or

permitted legal weight in comparison to the actual weight and shall be heard and adjudicated at the

traffic tribunal.

     (2) The overweight penalties for vehicles with ten thousand pounds (10,000 lbs.) gross

vehicle weight or less shall be eighty-five dollars ($85.00) per thousand pounds overweight or

portion of it.

     (3) The overweight penalties for vehicles exceeding ten thousand pounds (10,000 lbs.)

gross vehicle weight shall be one hundred twenty-five dollars ($125.00) per thousand five hundred

pounds (500 lbs.) overweight or portion of it.

     (4) The overweight penalty for vehicles being operated in excess of one hundred four

thousand, eight hundred pounds (104,800 lbs.) gross vehicle weight shall be one thousand twenty-

five dollars ($1,025) in addition to the penalties enumerated in subsection (b)(2) (c)(3) of this

section.

     (5) The overweight penalty for vehicles being operated in excess of one hundred thirty

thousand pounds (130,000 lbs.) gross vehicle weight shall be two thousand five hundred dollars

($2,500) in addition to the penalties enumerated in subsection (c)(3) of this section.


 

 

819)

Section

Amended Chapter Numbers:

 

31-25-18

178 and 179

 

 

31-25-18. Weighing of suspected overweight vehicles.

     Any proper officer having reason to believe that the weight of a vehicle and load is unlawful

is authorized to require the driver to stop and submit to a weighing of the vehicle and load by means

of either portable or stationary scales, and may require that the vehicle be driven to the nearest

available stationary scales. Any carrier or persons found to be operating in excess of their

registered, permitted, and/or legal weight limits may be fined and released, required to reduce

weight or dimensions to legal, and/or required to pursue a legal permit at the officer’s discretion.

Any carrier or persons found to have pending motor vehicle fines in excess of ten thousand dollars

($10,000) may have their permit privileges suspended until pending fines are paid.


 

 

820)

Section

Amended Chapter Numbers:

 

31-25-21

178 and 179

 

 

31-25-21. Power to permit excess size or weight of loads.

     (a) The department of transportation, with respect to highways under its jurisdiction, may,

in its discretion, upon application in writing and good cause being shown for it, approve the

issuance of a special permit in writing by the division of motor vehicles authorizing the applicant

to operate or move a vehicle, or combination of vehicles, of a size or weight of vehicle or load

exceeding eighty thousand pounds (80,000 lbs.) or otherwise not in conformity with the provisions

of chapters 1 -- 27 of this title upon any highway under the jurisdiction of the party granting the

permit and for the maintenance of which the party is responsible. Permits that have been issued for

a full year shall not be required to be renewed for the period of time for which payment has been

made and the application and other required documentation has been completed and filed. Provided,

that neither the department of transportation nor the local authorities may approve the issuance of

permits for divisible loads weighing in excess of one hundred four thousand-eight hundred pounds

(104,800 lbs.), gross vehicle weight, for five-axle (5) vehicles and seventy-six thousand six hundred

fifty pounds (76,650 lbs.), gross vehicle weight, for three-axle (3) vehicles the limits set by the

director of the department of transportation by and through the rules and regulations promulgated

by the department of transportation entitled “rules and regulations regarding overweight and

oversize vehicle permits”.

     (1) Provided, however, that for milk products, any vehicle carrying fluid milk products

shall be considered a load that cannot be easily dismantled or divided.

     (b) The director of the department of transportation may enter into agreements with other

states, the District of Columbia, and Canadian provinces providing for the reciprocal enforcement

of the overweight or over-dimensional vehicle permit laws of those jurisdictions entering into the

agreement.

     (c) Trip permit fee Single trip non-divisible permit fee. A fee of forty dollars ($40.00) shall

be paid to the division of motor vehicles department of transportation for the issuance of each non-

reducible vehicle or load non-divisible single trip permit; provided, however, applicants seeking a

permit for a non-divisible load exceeding one hundred thirty thousand pounds (130,000 lbs.) shall

pay a fee of three hundred dollars ($300.00) to the division of motor vehicles for consideration of

a special trip permit approved by the department of transportation pursuant to subsection (e)Upon

approval of the application, the department of transportation shall provide the approved permit. The

driver must possess the permit and documentation as required by the permit at all times.

     (d) Annual fee Annual construction equipment blanket permit fee. An annual fee of four

hundred dollars ($400) paid to the division of motor vehicles department of transportation shall

exempt the payor from the necessity of paying single trip permit fees for non-divisible construction

equipment loads of less than one hundred thirty thousand pounds (130,000 lbs.) as found in

subsection (c). However, payment of the fee shall not be deemed to authorize non-compliance

noncompliance with the rules and regulations promulgated by the department of transportation

entitled "State of Rhode Island Manual for Overweight and Oversize Vehicle Permits." "rules and

regulations regarding overweight and oversize vehicle permits".

     (e) Blanket construction equipment permits may be issued, as determined by the

department of transportation, for intrastate movement of non-reducible non-divisible construction

equipment loads upon payment of the fee set forth in subsection (d). If used in conjunction with an

annual divisible load permit, the limits and requirements of the blanket construction equipment

permit shall supersede the requirements of the divisible load permit. The driver must possess both

permits and all required documentation The duration of the blanket permit may not exceed one

year,. The and the construction equipment permit load shall be limited to a minimum overall length

of fifty-five feet (55'), a maximum overall length of eighty feet (80'), and a maximum width of

twelve feet four inches (12' 4"), provided that neither the division of motor vehicles nor local

authorities may issue blanket permits for non-divisible loads weighing in excess a maximum gross

weight of one hundred thirty thousand pounds (130,000 lbs.) on less than six (6) axles, with

individual axle weights exceeding and a maximum axle weight of twenty-five thousand pounds

(25,000 lbs.); provided, further, that the department of transportation, with respect to highways

under its jurisdiction, may, in its discretion and upon application and for good cause shown,

approve the issuance of a special single trip non-divisible permit authorizing the applicant to exceed

one hundred thirty thousand pounds (130,000 lbs.) for non-divisible loads. A flashing amber light

shall be in operation above the highest point of the vehicle and shall be visible from both the front

and rear of the vehicle; and signs and red warning flags shall be affixed to all extremities. All

blanket permits issued in accordance with this section shall be effective during daylight and night-

time hours for all over-dimensional moves made and travel shall be allowed on state highways.

     (f) Permission to travel is always subject to weather and road conditions. The following

restrictions on travel times shall apply to all vehicles over eight feet six inches (8’6”) wide, over

eighty feet (80’) long, or over one hundred thirty thousand pounds (130,000 lbs.):

     (1) Freeways -- in general and arterial roadways.

     No travel will be allowed between the hours of 7:00 am a.m. and 9:00 am a.m. or between

3:00 pm p.m. and 7:00 pm p.m., Monday through Friday on any day of the week.

     (2) Arterial roadways.

     No travel will be allowed between the hours of 7:00 am and 9:00 am or between 3:00 pm

and 7:00 pm, Monday through Friday.

     (3)(2)(3) Holidays.

     Memorial Day, Victory Day, Labor Day, Dr. Martin Luther King Jr. Day, and Columbus

Day -- No Saturday, Sunday, or Monday day or night travel.

     Thanksgiving Day -- No Wednesday night or Thursday day or night travel. No travel on

Wednesday through Sunday of Thanksgiving week in any calendar year.

     Independence Day, Veterans Day, Christmas Day, New Year’s Day -- No day or night

travel and no travel the previous night.

     Easter Sunday. No Saturday night or Sunday travel.

     (3)(4) Violations of this section are subject to fines enumerated in § 31-25-24.

     (f)(g) Construction equipment blanket permits shall not be granted for travel over the

following bridges:

     Blackstone River Viaduct 750 carrying I-295 northbound and southbound over the

Blackstone River;

     Kingston Road Bridge No. 403 carrying I-95 northbound and southbound over Kingston

Road.

     (g)(h) Travel of blanket permitted construction equipment through zones with reductions

in lane width such as construction zones will not be allowed. Prior to travel, blanket permit holders

are responsible to verify the location of construction zones and lane width reductions. Locations of

lane width reduction zones are available through the state department of transportation's

construction office.

     (i) Upon approval of the annual construction equipment blanket permit application, the

department of transportation shall provide the approved permit. The driver must possess the permit

and documentation as required by the permit at all times.

     (j) Any carrier or persons found to be operating without a required permit, or in excess of

their permit limits, three (3) times within a one-year period shall be revoked of their ability to use

and receive permits within the state for up to thirty (30) days. Additional violations shall result in

revocation of up to ninety (90) days.

     (k) Operation of any vehicle in excess of the requirements of any permit shall void that

permit and result in the imposition of fines as provided in this chapter.


 

 

 

821)

Section

Amended Chapter Numbers:

 

31-25-22

178 and 179

 

 

31-25-22. Application for excess load permit.

     (a) The application for an excess load permit annual divisible load permit pursuant to § 31-

25-21 shall specifically describe the vehicle or vehicles and load to be operated or moved, and the

particular highways for which the permit to operate is requested and whether the permit is requested

for a single trip or for continuous operation.

     (b) For continuous operation of divisible loads load permitsthe specifically described

vehicle or vehicles must be certified originally by the manufacturer of them to possess the braking

and carrying capacity for the weight specified on the application.

     (c) Upon approval of the application or renewal of divisible load permits, the department

of revenue transportation shall provide identification devices to be placed on the lower left corner

of the driver's side of the windshield for trucks and tractors and on the front left corner of the driver's

side for trailers the approved permit. The driver must possess the permit and documentation as

required by the permit at all times.

     (d) Any motor carrier that has been granted a divisible load permit and has not displayed a

sticker as required in subsection (c) of this section shall be subject to a fine not exceeding fifty

dollars ($50.00) for the first offense or not exceeding one hundred dollars ($100) for subsequent

offenses.

     (e)(d)(e) Divisible load permit fees for Rhode Island registered vehicles are reflected in the

registration fee as enumerated in § 31-6-1(a)(2).

     (f)(e)(f) Divisible load permit fees for out-of-state registered vehicles are as follows:

Trailers $100 flat fee.

2, 3, or 4 Single-unit axle trucks $50.00 per 1,000 pounds over legal limit;

maximum $1,500. for 76,650 pounds

Maximum permittable loads for single unit trucks:

      2 axle - legal weight only per § 31-25-14 (b), (c).

      3+ axle - 76,650 lbs.

      Not to exceed Manufacturer GVWR.

Tractors $50.00 per 1,000 pounds over legal limit;

maximum $1,250. for 104,800 pounds.

Tractors may acquire a permit for up to 104,800 lbs.; however the allowable gross weight depends

on the total number of axles of the tractor/semi-trailer/trailer configuration being used at the time.

Gross weight limits for tractor/semi-trailer/trailer configurations are as follows:

      3 axle – 62,000 lbs.

      4 axle – 87,000 lbs.

5+ axle – 104,800 lbs.

Transfer fee $10.00.

     (g) For the purpose of this section, the "legal limit" is defined as the maximum weight as

calculated by the Bridge Formula.

     (h) Annual divisible load permits are issued for overweight only and not over-dimensional.

     (i) If the annual divisible load permit is used in conjunction with an annual construction

equipment blanket permit, the limits and requirements of the blanket construction equipment permit

shall supersede the requirements of the divisible load permit. The driver must possess both permits

and all required documentation. This shall only apply when divisible load and trailered construction

equipment are carried simultaneously.

     (j) Violations of this section are subject to fines enumerated in § 31-25-16.


 

 

 

 

822)

Section

Amended Chapter Numbers:

 

31-25-23

178 and 179

 

 

31-25-23. Conditions and restrictions on excess load permits.

     (a) The department of revenue transportation or local authority is authorized to issue or

withhold a permit at its discretion, or if the permit is issued, to limit the number of trips, or to

establish seasonal or other time limitations within which the described vehicles may be operated

on the indicated highways, or otherwise to limit or prescribe conditions of operation of the vehicle

or vehicles, when necessary to assure against undue damage to the road foundations, surfaces, or

structures, and may require any undertaking or other security that may be deemed necessary to

compensate for any injury to any roadway or road structure.

     (b) Whenever a permit is issued by the department of revenue transportation or local

authority for continuous operation, the permit shall not be issued for a period in excess of the

registration date of the subject vehicle.

     (c) Upon re-registration of the subject vehicle, permits shall be issued by the department

of revenue transportation or local authority, upon the re-certification of the braking and carrying

capacity of the subject vehicle as specified on the expired permit.


 

 

823)

Section

Amended Chapter Numbers:

 

31-25-24

178 and 179

 

 

31-25-24.  Carrying and inspection of permits.

     Every permit, including all documentation required by that permit, issued under §§ 31-25-

21 -- 31-25-23 shall be carried in the vehicle to which it refers and shall be open to inspection by

any proper officer or authorized agent of any authority granting the permit. No person shall violate

any of the terms or conditions of the special permit. Violations of this section are subject to fines

enumerated in § 31-41.1-4.


 

 

 

824)

Section

Added Chapter Numbers:

 

31-25-27.12

19 and 21

 

 

31-25-27.12. Commercial vehicles prohibited on Chases Lane in Middletown.

     (a) The operation of commercial vehicles is prohibited on Chases Lane in Middletown.

     (b) For purposes of this section, a "commercial vehicle" is defined as a motor vehicle or

combination of vehicles used to transport passengers or property if the motor vehicle:

     (1) Has a gross combination weight rating of twenty-six thousand one pounds (26,001 lbs.)

or more, or a towed unit with a gross vehicle rating of more than ten thousand pounds (10,000 lbs.)

or more, or has a gross vehicle weight rating of twenty-six thousand one pounds (26,001 lbs.) or

more; or

     (2) Is designed to transport sixteen (16) or more passengers including the driver; or

     (3) Is transporting hazardous materials and is required to be placarded in accordance with

49 C.F.R. Part 172, Subpart F, as it may be revised from time to time.

     (c) Nothing contained in this section shall affect the use of Chases Lane by:

     (1) Any fire truck, town public works department truck, police vehicle, ambulance, school

bus, bus serving the area, or other motor truck using such streets or highways in any emergency or

engaged in delivering public utilities, goods, wares, merchandising, or materials to or from any

residence, residential building, or residential lot within the town bordering on such street; provided

further, that the use of Chases Lane for the delivery of goods, wares, merchandising, or materials

to or from any commercial business or building, or any commercial lot within the town bordering

on such street is specifically prohibited.; or

     (2) Any farm vehicle as defined in § 31-1-8, which is registered with farm vehicle plates

pursuant to § 31-3-31.

     (d) In all instances where motor vehicle traffic is restricted or prohibited under this section,

the town administrator is directed to cause signs to be erected on such streets or highways giving

notice of such, in accordance with the Manual on Uniform Traffic Control Devices.

     (e) Any driver who operates a commercial vehicle in violation of this section shall be

subject to a fine of not less than twenty-five dollars ($25.00) for a first violation, fifty dollars

($50.00) for a second violation, and not less than one hundred twenty-five dollars ($125), but no

more than five hundred dollars ($500) for each subsequent violation.


 

 

825)

Section

Amended Chapter Numbers:

 

31-25-28

178 and 179

 

 

31-25-28.  Liability for damages from oversize or overweight.

     (a) Any person driving any vehicle, object, or contrivance upon any highway or highway

structure shall be liable for all damage which the highway or structure may sustain as a result of

any illegal operation, driving, or moving of the vehicle, object, or contrivance, or as a result of

operating, driving, or moving any vehicle, object, or contrivance weighing in excess of the

maximum weight, or over the maximum dimensions in this chapter but authorized by a special

permit issued as provided in this chapter.

     (b) Whenever the driver is not the owner of a vehicle, object, or contrivance, but is so

operating, driving, or moving it with the express or implied permission of the owner, then the owner

and driver shall be jointly and severally liable for the damage.

     (c) Damage may be recovered in a civil action brought by the authorities in control of the

highway or highway structure.


 

 

826)

Section

Amended Chapter Numbers:

 

31-25-29

178 and 179

 

 

31-25-29. Refuse-hauling vehicles -- Exemption from permit.

     Notwithstanding any contrary provisions of this chapter, a motor vehicle designed and used

for the hauling of refuse shall not be subject to state axle weight restrictions when hauling refuse.

Nothing in this provision shall waive or modify existing state gross weight restrictions for refuse

vehicles or other size and weight restrictions. To the extent that application of this section to

highways which are part of the national system of interstate and defense highways would cause this

state to be deprived of any federal funds for highway purposes, this section shall not be applicable

to highways which are part of the system. Nothing in this section shall permit these vehicles to

travel over any structure, highway, or portion of highway which that is weight restricted for the

vehicle load.


 

 

827)

Section

Amended Chapter Numbers:

 

31-27-2

31 and 32

 

 

31-27-2. Driving under influence of liquor or drugs.

     (a) Whoever drives or otherwise operates any vehicle in the state while under the influence

of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of

title 21, or any combination of these, shall be guilty of a misdemeanor, except as provided in

subsection (d)(3), and shall be punished as provided in subsection (d) of this section.

     (b)(1) Any person charged under subsection (a), whose blood alcohol concentration is eight

one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis of a

blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall not

preclude a conviction based on other admissible evidence, including the testimony of a drug

recognition expert or evaluator, certified pursuant to training approved by the Rhode Island

department of transportation office on highway safety. Proof of guilt under this section may also

be based on evidence that the person charged was under the influence of intoxicating liquor, drugs,

toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these,

to a degree that rendered the person incapable of safely operating a vehicle. The fact that any person

charged with violating this section is, or has been, legally entitled to use alcohol or a drug shall not

constitute a defense against any charge of violating this section.

     (2) [Deleted by P.L. 2021, ch. 170, § 1 and P.L. 2021, ch. 171, § 1.]

     (c) In any criminal prosecution for a violation of subsection (a), evidence as to the amount

of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or

any combination of these, in the defendant's blood at the time alleged as shown by a chemical

analysis of the defendant's breath, blood, saliva or urine or other bodily substance, shall be

admissible and competent, provided that evidence is presented that the following conditions have

been complied with:

     (1) The defendant has consented to the taking of the test upon which the analysis is made.

Evidence that the defendant had refused to submit to the test shall not be admissible unless the

defendant elects to testify.

     (2) A true copy of the report of the test result was hand delivered at the location of the test

or mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath

test.

     (3) Any person submitting to a chemical test of blood, urine, saliva or other body fluids

shall have a true copy of the report of the test result mailed to him or her within thirty (30) days

following the taking of the test.

     (4) The test was performed according to methods and with equipment approved by the

director of the department of health of the state of Rhode Island and by an authorized individual.

     (5) Equipment used for the conduct of the tests by means of breath analysis had been tested

for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore

provided, and breathalyzer operators shall be qualified and certified by the department of health

within three hundred sixty-five (365) days of the test.

     (6) The person arrested and charged with operating a motor vehicle while under the

influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of

title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to

have an additional chemical test. The officer arresting or so charging the person shall have informed

the person of this right and afforded him or her a reasonable opportunity to exercise this right, and

a notation to this effect is made in the official records of the case in the police department. Refusal

to permit an additional chemical test shall render incompetent and inadmissible in evidence the

original report.

     (d)(1) (i) Every person found to have violated subsection (b)(1) shall be sentenced as

follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one

percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood presence

of any scheduled controlled substance as defined in chapter 28 of title 21, shall be subject to a fine

of not less than one hundred dollars ($100), nor more than three hundred dollars ($300); shall be

required to perform ten (10) to sixty (60) hours of public community restitution, and/or shall be

imprisoned for up to one year. The sentence may be served in any unit of the adult correctional

institutions in the discretion of the sentencing judge and/or shall be required to attend a special

course on driving while intoxicated or under the influence of a controlled substance; provided,

however, that the court may permit a servicemember or veteran to complete any court-approved

counseling program administered or approved by the Veterans' Administration, and his or her

driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days. The

sentencing judge or magistrate may prohibit that person from operating a motor vehicle, pursuant

to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system

and/or blood and urine testing as provided in § 31-27-2.8.

     (ii) Every person convicted of a first violation whose blood alcohol concentration is one-

tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent

(.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less than

one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required to

perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned for

up to one year. The sentence may be served in any unit of the adult correctional institutions in the

discretion of the sentencing judge. The person's driving license shall be suspended for a period of

three (3) months to twelve (12) months. The sentencing judge shall require attendance at a special

course on driving while intoxicated or under the influence of a controlled substance and/or

alcoholic or drug treatment for the individual; provided, however, that the court may permit a

servicemember or veteran to complete any court-approved counseling program administered or

approved by the Veterans' Administration. The sentencing judge or magistrate may prohibit that

person from operating a motor vehicle that is not equipped with an ignition interlock system as

provided in § 31-27-2.8.

     (iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen

hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or any

controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred dollars

($500) and shall be required to perform twenty (20) to sixty (60) hours of public community

restitution and/or shall be imprisoned for up to one year. The sentence may be served in any unit

of the adult correctional institutions in the discretion of the sentencing judge. The person's driving

license shall be suspended for a period of three (3) months to eighteen (18) months. The sentencing

judge shall require attendance at a special course on driving while intoxicated or under the influence

of a controlled substance and/or alcohol or drug treatment for the individual; provided, however,

that the court may permit a servicemember or veteran to complete any court-approved counseling

program administered or approved by the Veterans' Administration. The sentencing judge or

magistrate shall prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9)

or (d)(10) of this section, that is not equipped with an ignition interlock system and/or blood and

urine testing as provided in § 31-27-2.8.

     (2)(i) Every person convicted of a second violation within a five-year (5) period with a

blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than

fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or

who has a blood presence of any controlled substance as defined in chapter 28 of title 21, and every

person convicted of a second violation within a five-year (5) period, regardless of whether the prior

violation and subsequent conviction was a violation and subsequent conviction under this statute

or under the driving under the influence of liquor or drugs statute of any other state, shall be subject

to a mandatory fine of four hundred dollars ($400). The person's driving license shall be suspended

for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten

(10) days, nor more than one year, in jail. The sentence may be served in any unit of the adult

correctional institutions in the discretion of the sentencing judge; however, not less than forty-eight

(48) hours of imprisonment shall be served consecutively. The sentencing judge shall require

alcohol or drug treatment for the individual; provided, however, that the court may permit a

servicemember or veteran to complete any court-approved counseling program administered or

approved by the Veterans' Administration and shall prohibit that person from operating a motor

vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition

interlock system and/or blood and urine testing as provided in § 31-27-2.8.

     (ii) Every person convicted of a second violation within a five-year (5) period whose blood

alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as shown by

a chemical analysis of a blood, breath, or urine sample, or who is under the influence of a drug,

toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to mandatory

imprisonment of not less than six (6) months, nor more than one year; a mandatory fine of not less

than one thousand dollars ($1,000); and a mandatory license suspension for a period of two (2)

years from the date of completion of the sentence imposed under this subsection. The sentencing

judge shall require alcohol or drug treatment for the individual; provided, however, that the court

may permit a servicemember or veteran to complete any court approved counseling program

administered or approved by the Veterans' Administration. The sentencing judge or magistrate shall

prohibit that person from operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this

section, that is not equipped with an ignition interlock system and/or blood and urine testing as

provided in § 31-27-2.8.

     (3)(i) Every person convicted of a third or subsequent violation within a five-year (5)

period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above,

but less than fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is

unknown or who has a blood presence of any scheduled controlled substance as defined in chapter

28 of title 21, regardless of whether any prior violation and subsequent conviction was a violation

and subsequent conviction under this statute or under the driving under the influence of liquor or

drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory fine of

four hundred ($400) dollars. The person's driving license shall be suspended for a period of two (2)

years to three (3) years, and the individual shall be sentenced to not less than one year and not more

than three (3) years in jail. The sentence may be served in any unit of the adult correctional

institutions in the discretion of the sentencing judge; however, not less than forty-eight (48) hours

of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug

treatment for the individual; provided, however, that the court may permit a servicemember or

veteran to complete any court-approved counseling program administered or approved by the

Veterans' Administration, and shall prohibit that person from operating a motor vehicle, pursuant

to subsection (d)(9) or (d)(10) of this section, that is not equipped with an ignition interlock system

and/or blood and urine testing as provided in § 31-27-2.8.

     (ii) Every person convicted of a third or subsequent violation within a ten-year (10) period

whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by weight as

shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence of

a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to

mandatory imprisonment of not less than three (3) years, nor more than five (5) years; a mandatory

fine of not less than one thousand dollars ($1,000), nor more than five thousand dollars ($5,000);

and a mandatory license suspension for a period of three (3) years from the date of completion of

the sentence imposed under this subsection. The sentencing judge shall require alcohol or drug

treatment for the individual. The sentencing judge or magistrate shall prohibit that person from

operating a motor vehicle, pursuant to subsection (d)(9) or (d)(10) of this section, that is not

equipped with an ignition interlock system and/or blood and urine testing as provided in § 31-27-

2.8.

     (iii) In addition to the foregoing penalties, every person convicted of a third or subsequent

violation within a five-year (5) period, regardless of whether any prior violation and subsequent

conviction was a violation and subsequent conviction under this statute or under the driving under

the influence of liquor or drugs statute of any other state, shall be subject, in the discretion of the

sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the

state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund.

     (4) Whoever drives or otherwise operates any vehicle in the state while under the influence

of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of

title 21, or any combination of these, when his or her license to operate is suspended, revoked, or

cancelled for operating under the influence of a narcotic drug or intoxicating liquor, shall be guilty

of a felony punishable by imprisonment for not more than three (3) years and by a fine of not more

than three thousand dollars ($3,000). The court shall require alcohol and/or drug treatment for the

individual; provided, the penalties provided for in this subsection (d)(4) shall not apply to an

individual who has surrendered his or her license and served the court-ordered period of suspension,

but who, for any reason, has not had his or her license reinstated after the period of suspension,

revocation, or suspension has expired; provided, further, the individual shall be subject to the

provisions of subsection (d)(2)(i), (d)(2)(ii), (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent

offenses, and any other applicable provision of this section.

     (5)(i) For purposes of determining the period of license suspension, a prior violation shall

constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1.

     (ii) Any person over the age of eighteen (18) who is convicted under this section for

operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of

these, while a child under the age of thirteen (13) years was present as a passenger in the motor

vehicle when the offense was committed shall be subject to immediate license suspension pending

prosecution. Any person convicted of violating this section shall be guilty of a misdemeanor for a

first offense and may be sentenced to a term of imprisonment of not more than one year and a fine

not to exceed one thousand dollars ($1,000). Any person convicted of a second or subsequent

offense shall be guilty of a felony offense and may be sentenced to a term of imprisonment of not

more than five (5) years and a fine not to exceed five thousand dollars ($5,000). The sentencing

judge shall also order a license suspension of up to two (2) years, require attendance at a special

course on driving while intoxicated or under the influence of a controlled substance, and alcohol

or drug education and/or treatment. The individual may also be required to pay a highway

assessment fee of no more than five hundred dollars ($500) and the assessment shall be deposited

in the general fund.

     (6)(i) Any person convicted of a violation under this section shall pay a highway

assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The

assessment provided for by this subsection shall be collected from a violator before any other fines

authorized by this section.

     (ii) Any person convicted of a violation under this section shall be assessed a fee of eighty-

six dollars ($86).

     (7)(i) If the person convicted of violating this section is under the age of eighteen (18)

years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of

public community restitution and the juvenile's driving license shall be suspended for a period of

six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing

judge shall also require attendance at a special course on driving while intoxicated or under the

influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile.

The juvenile may also be required to pay a highway assessment fine of no more than five hundred

dollars ($500) and the assessment imposed shall be deposited into the general fund.

     (ii) If the person convicted of violating this section is under the age of eighteen (18) years,

for a second or subsequent violation regardless of whether any prior violation and subsequent

conviction was a violation and subsequent conviction under this statute or under the driving under

the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory

suspension of his or her driving license until such time as he or she is twenty-one (21) years of age

and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training

school for a period of not more than one year and/or a fine of not more than five hundred dollars

($500).

     (8) Any person convicted of a violation under this section may undergo a clinical

assessment at the community college of Rhode Island's center for workforce and community

education. Should this clinical assessment determine problems of alcohol, drug abuse, or

psychological problems associated with alcoholic or drug abuse, this person shall be referred to an

appropriate facility, licensed or approved by the department of behavioral healthcare,

developmental disabilities and hospitals, for treatment placement, case management, and

monitoring. In the case of a servicemember or veteran, the court may order that the person be

evaluated through the Veterans' Administration. Should the clinical assessment determine problems

of alcohol, drug abuse, or psychological problems associated with alcohol or drug abuse, the person

may have their treatment, case management, and monitoring administered or approved by the

Veterans' Administration.

     (9) Notwithstanding any other sentencing and disposition provisions contained in this

chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was

operating a vehicle in the state while under the influence of drugs, toluene, or any controlled

substance as evidenced by the presence of controlled substances on or about the person or vehicle,

or other reliable indicia or articulable conditions thereof, but not intoxicating liquor based on a

preliminary breath test, results from a breathalyzer that indicates no blood alcohol concentration,

or both, the judge or magistrate may exercise his or her discretion and eliminate the requirement of

an ignition interlock system; provided, that blood and/or urine testing is mandated as a condition

to operating a motor vehicle as provided in § 31-27-2.8.

     (10) Notwithstanding any other sentencing and disposition provisions contained in this

chapter, if the judge or magistrate makes a finding beyond a reasonable doubt that a motorist was

operating a vehicle in the state while under the influence of drugs, toluene, or any controlled

substance as evidenced by the presence of controlled substances on or about the person or vehicle,

or other reliable indicia or articulable conditions thereof and intoxicating liquor based on a

preliminary breath test, results from a breathalyzer that indicates blood alcohol concentration, or

both, the judge or magistrate may require an ignition interlock system in addition to blood and/or

urine testing as a condition to operating a motor vehicle as provided in § 31-27-2.8.

     (e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per

one hundred cubic centimeters (100 cc) of blood.

     (f)(1) There is established an alcohol and drug safety unit within the division of motor

vehicles to administer an alcohol safety action program. The program shall provide for placement

and follow-up for persons who are required to pay the highway safety assessment. The alcohol and

drug safety action program will be administered in conjunction with alcohol and drug programs

licensed by the department of behavioral healthcare, developmental disabilities and hospitals.

     (2) Persons convicted under the provisions of this chapter shall be required to attend a

special course on driving while intoxicated or under the influence of a controlled substance, and/or

participate in an alcohol or drug treatment program, which course and programs must meet the

standards established by the Rhode Island department of behavioral healthcare, developmental

disabilities and hospitals; provided, however, that the court may permit a servicemember or veteran

to complete any court-approved counseling program administered or approved by the Veterans'

Administration. The course shall take into consideration any language barrier that may exist as to

any person ordered to attend, and shall provide for instruction reasonably calculated to

communicate the purposes of the course in accordance with the requirements of the subsection.

Any costs reasonably incurred in connection with the provision of this accommodation shall be

borne by the person being retrained. A copy of any violation under this section shall be forwarded

by the court to the alcohol and drug safety unit. In the event that persons convicted under the

provisions of this chapter fail to attend and complete the above course or treatment program, as

ordered by the judge, then the person may be brought before the court, and after a hearing as to

why the order of the court was not followed, may be sentenced to jail for a period not exceeding

one year.

     (3) The alcohol and drug safety action program within the division of motor vehicles shall

be funded by general revenue appropriations.

     (g) The director of the department of health is empowered to make and file with the

secretary of state regulations that prescribe the techniques and methods of chemical analysis of the

person's body fluids or breath and the qualifications and certification of individuals authorized to

administer this testing and analysis.

     (h) Jurisdiction for misdemeanor violations of this section shall be with the district court

for persons eighteen (18) years of age or older and to the family court for persons under the age of

eighteen (18) years. The courts shall have full authority to impose any sentence authorized and to

order the suspension of any license for violations of this section. Trials in superior court are not

required to be scheduled within thirty (30) days of the arraignment date.

     (i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on

driving while intoxicated or under the influence of a controlled substance, public community

restitution, or jail provided for under this section can be suspended.

     (j) An order to attend a special course on driving while intoxicated, that shall be

administered in cooperation with a college or university accredited by the state, shall include a

provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars

($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into

the general fund.

     (k) For the purposes of this section, any test of a sample of blood, breath, or urine for the

presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is

considered a chemical test.

     (l) If any provision of this section, or the application of any provision, shall for any reason

be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the

section, but shall be confined in this effect to the provision or application directly involved in the

controversy giving rise to the judgment.

     (m) For the purposes of this section, "servicemember" means a person who is presently

serving in the armed forces of the United States, including the Coast Guard, a reserve component

thereof, or the National Guard. "Veteran" means a person who has served in the armed forces,

including the Coast Guard of the United States, a reserve component thereof, or the National Guard,

and has been discharged under other than dishonorable conditions.


 

 

828)

Section

Amended Chapter Numbers:

 

31-27-2.1

31 and 32

 

 

31-27-2.1. Refusal to submit to chemical test.

     (a) Any person who operates a motor vehicle within this state shall be deemed to have

given his or her consent to chemical tests of his or her breath, blood, saliva and/or urine for the

purpose of determining the chemical content of his or her body fluids or breath. No more than two

(2) complete tests, one for the presence of intoxicating liquor and one for the presence of toluene

or any controlled substance, as defined in § 21-28-1.02, shall be administered at the direction of a

law enforcement officer having reasonable grounds to believe the person to have been driving a

motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any

controlled substance, as defined in chapter 28 of title 21, or any combination of these. The director

of the department of health is empowered to make and file, with the secretary of state, regulations

that prescribe the techniques and methods of chemical analysis of the person's body fluids or breath

and the qualifications and certification of individuals authorized to administer the testing and

analysis.

     (b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the

person may file an affidavit with the division of motor vehicles stating the reasons why he or she

cannot be required to take blood tests and a notation to this effect shall be made on his or her

license. If that person is asked to submit to chemical tests as provided under this chapter, the person

shall only be required to submit to chemical tests of his or her breath, saliva or urine. When a person

is requested to submit to blood tests, only a physician or registered nurse, or a medical technician

certified under regulations promulgated by the director of the department of health, may withdraw

blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to

the taking of breath, saliva or urine specimens. The person tested shall be permitted to have a

physician of his or her own choosing, and at his or her own expense, administer chemical tests of

his or her breath, blood, saliva and/or urine in addition to the tests administered at the direction of

a law enforcement officer. If a person, having been placed under arrest, refuses upon the request of

a law enforcement officer to submit to the tests, as provided in § 31-27-2, none shall be given.

     (1) At the initial traffic tribunal appearance, the magistrate shall review the incident, action,

and/or arrest reports submitted by the law enforcement officer to determine if there exists

reasonable grounds to believe that the person had been driving a motor vehicle while under the

influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of

title 21, or any combination thereof. The magistrate shall also determine if the person had been

informed of the penalties incurred as a result of failing to submit to a chemical test as provided in

this section and that the person had been informed of the implied consent notice contained in

subsection (c)(10) of this section. For the purpose of this subsection only, "driving a motor vehicle

while under the influence of any controlled substance as defined in chapter 28 of title 21" shall be

indicated by the presence or aroma of a controlled substance on or about the person or vehicle of

the individual refusing the chemical test or other reliable indicia or articulable conditions that the

person was impaired due to their intake of a controlled substance.

     (2) If the magistrate determines that subsection (b)(1) of this section has been satisfied they

shall promptly order that the person's operator's license or privilege to operate a motor vehicle in

this state be immediately suspended. Said suspension shall be subject to the hardship provisions

enumerated in § 31-27-2.8.

     (c) A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant

to the terms of subsection (d) of this section, shall order as follows:

     (1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to

five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of

public community restitution. The person's driving license in this state shall be suspended for a

period of six (6) months to one year. The traffic tribunal judge or magistrate shall require attendance

at a special course on driving while intoxicated or under the influence of a controlled substance

and/or alcohol or drug treatment for the individual. The traffic tribunal judge or magistrate may

prohibit that person from operating a motor vehicle that is not equipped with an ignition interlock

system and/or blood and urine testing as provided in § 31-27-2.8.

     (2) Every person convicted of a second violation within a five-year (5) period, except with

respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; shall be

imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred dollars

($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of public

community restitution; and the person's driving license in this state shall be suspended for a period

of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug treatment

for the individual. The sentencing judge or magistrate shall prohibit that person from operating a

motor vehicle that is not equipped with an ignition interlock system and/or blood and urine testing

as provided in § 31-27-2.8.

     (3) Every person convicted for a third or subsequent violation within a five-year (5) period,

except with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor;

and shall be imprisoned for not more than one year; fined eight hundred dollars ($800) to one

thousand dollars ($1,000); shall perform not less than one hundred (100) hours of public community

restitution; and the person's operator's license in this state shall be suspended for a period of two

(2) years to five (5) years. The sentencing judge or magistrate shall prohibit that person from

operating a motor vehicle that is not equipped with an ignition interlock system and/or blood and

urine testing as provided in § 31-27-2.8. The judge or magistrate shall require alcohol or drug

treatment for the individual. Provided, that prior to the reinstatement of a license to a person charged

with a third or subsequent violation within a three-year (3) period, a hearing shall be held before a

judge or magistrate. At the hearing, the judge or magistrate shall review the person's driving record,

his or her employment history, family background, and any other pertinent factors that would

indicate that the person has demonstrated behavior that warrants the reinstatement of his or her

license.

     (4) For a second violation within a five-year (5) period with respect to a case of a refusal

to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one thousand dollars

($1,000); the person shall perform sixty (60) to one hundred (100) hours of public community

restitution; and the person's driving license in this state shall be suspended for a period of two (2)

years. The judicial officer shall require alcohol and/or drug treatment for the individual. The

sentencing judicial officer shall prohibit that person from operating a motor vehicle that is not

equipped with an ignition interlock system as provided in § 31-27-2.8. Such a violation with respect

to refusal to submit to a chemical blood test shall be a civil offense.

     (5) For a third or subsequent violation within a five-year (5) period with respect to a case

of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars ($800) to one

thousand dollars ($1,000); the person shall perform not less than one hundred (100) hours of public

community restitution; and the person's driving license in this state shall be suspended for a period

of two (2) to five (5) years. The sentencing judicial officer shall prohibit that person from operating

a motor vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8.

The judicial officer shall require alcohol and/or drug treatment for the individual. Such a violation

with respect to refusal to submit to a chemical test of blood shall be a civil offense. Provided, that

prior to the reinstatement of a license to a person charged with a third or subsequent violation within

a three-year (3) period, a hearing shall be held before a judicial officer. At the hearing, the judicial

officer shall review the person's driving record, his or her employment history, family background,

and any other pertinent factors that would indicate that the person has demonstrated behavior that

warrants the reinstatement of their license.

     (6) For purposes of determining the period of license suspension, a prior violation shall

constitute any charge brought and sustained under the provisions of this section or § 31-27-2.

     (7) In addition to any other fines, a highway safety assessment of five hundred dollars

($500) shall be paid by any person found in violation of this section, the assessment to be deposited

into the general fund. The assessment provided for by this subsection shall be collected from a

violator before any other fines authorized by this section.

     (8) In addition to any other fines and highway safety assessments, a two-hundred-dollar

($200) assessment shall be paid by any person found in violation of this section to support the

department of health's chemical testing programs outlined in §§ 31-27-2(f) and 31-27-2(g), that

shall be deposited as general revenues, not restricted receipts.

     (9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on

driving while intoxicated or under the influence of a controlled substance, or public community

restitution provided for under this section can be suspended.

     (10) Implied consent notice for persons eighteen (18) years of age or older: "Rhode Island

law requires you to submit to a chemical test of your blood, breath, or urine for the purpose of

determining the chemical content of your body fluids or breath. If you refuse this testing, certain

penalties can be imposed and include the following: for a first offense, your Rhode Island driver's

license or privilege to operate a motor vehicle in this state can be suspended for six (6) months to

one year or modified to permit operation in connection with an ignition interlock device for a period

specified by law; a fine from two hundred dollars ($200) to five hundred dollars ($500) can be

imposed; and you can be ordered to perform ten (10) to sixty (60) hours of community service and

attend a special course on driving while intoxicated or under the influence of a controlled substance

and/or alcohol or drug treatment. If you have had one or more previous offenses within the past

five (5) years, your refusal to submit to a chemical test of breath or urine at this time can have

criminal penalties, including incarceration up to six (6) months for a second offense and up to one

year for a third or subsequent offense, and can carry increased license suspension or ignition

interlock period, fines, and community service. All violators shall pay a five hundred dollar ($500)

highway safety assessment fee, a two hundred dollar ($200) department of health chemical testing

programs assessment fee, and a license reinstatement fee. Refusal to submit to a chemical test of

blood shall not subject you to criminal penalties for the refusal itself, but if you have one or more

previous offenses other civil penalties may increase. You have the right to be examined at your

own expense by a physician selected by you. If you submit to a chemical test at this time, you have

the right to have an additional chemical test performed at your own expense. You will be afforded

a reasonable opportunity to exercise these rights. Access to a telephone will be made available for

you to make those arrangements. You may now use a telephone."

     Use of this implied consent notice shall serve as evidence that a person's consent to a

chemical test is valid in a prosecution involving driving under the influence of liquor, controlled

substances, and/or drugs.

     (d) Upon suspending or refusing to issue a license or permit as provided in subsection (a),

the traffic tribunal or district court shall immediately notify the person involved in writing, and

upon his or her request, within fifteen (15) days, afford the person an opportunity for a hearing as

early as practical upon receipt of a request in writing. Upon a hearing, the judge may administer

oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books

and papers. If the judge finds after the hearing that:

     (1) The law enforcement officer making the sworn report had reasonable grounds to believe

that the arrested person had been driving a motor vehicle within this state while under the influence

of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or

any combination of these;

     (2) The person, while under arrest, refused to submit to the tests upon the request of a law

enforcement officer;

     (3) The person had been informed of his or her rights in accordance with § 31-27-3; and

     (4) The person had been informed of the penalties incurred as a result of noncompliance

with this section, the judge shall sustain the violation. The judge shall then impose the penalties set

forth in subsection (c) of this section. Action by the judge must be taken within seven (7) days after

the hearing or it shall be presumed that the judge has refused to issue his or her order of suspension.

     (e) For the purposes of this section, any test of a sample of blood, breath, or urine for the

presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption is

considered a chemical test.

     (f) If any provision of this section, or the application of any provision, shall, for any reason,

be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the section,

but shall be confined in this effect to the provisions or application directly involved in the

controversy giving rise to the judgment.


 

 

829)

Section

Amended Chapter Numbers:

 

31-27-2.9

31 and 32

 

 

31-27-2.9. Administration of chemical test.

     (a) Notwithstanding any provision of § 31-27-2.1, if an individual refuses to consent to a

chemical test as provided in § 31-27-2.1, and a peace officer, as defined in § 12-7-21, has probable

cause to believe that the individual has violated one or more of the following sections: 31-27-1, 31-

27-1.1, 31-27-2.2, or 31-27-2.6 and that the individual was operating a motor vehicle under the

influence of any intoxicating liquor, toluene or any controlled substance as defined in chapter 21-

28, or any combination thereof, a chemical test may be administered without the consent of that

individual provided that the peace officer first obtains a search warrant authorizing administration

of the chemical test. The chemical test shall determine the amount of the alcohol or the presence of

a controlled substance in that person's blood, saliva or breath.

     (b) The chemical test shall be administered in accordance with the methods approved by

the director of the department of health as provided for in subdivision 31-27-2(c)(4). The individual

shall be afforded the opportunity to have an additional chemical test as established in subdivision

31-27-2(c)(6).

     (c) Notwithstanding any other law to the contrary, including, but not limited to, chapter 5-

37.3, any health care provider who, as authorized by the search warrant in subsection (a):

     (i) Takes a blood, saliva or breath sample from an individual; or

     (ii) Performs the chemical test; or

     (iii) Provides information to a peace officer pursuant to subsection (a) above and who uses

reasonable care and accepted medical practices shall not be liable in any civil or criminal

proceeding arising from the taking of the sample, from the performance of the chemical test or from

the disclosure or release of the test results.

     (d) The results of a chemical test performed pursuant to this section shall be admissible as

competent evidence in any civil or criminal prosecution provided that evidence is presented in

compliance with the conditions set forth in subdivisions 31-27-2(c)(3), 31-27-2(c)(4) and 31-27-

2(c)(6).

     (e) All chemical tests administered pursuant to this section shall be audio and video

recorded by the law enforcement agency which applied for and was granted the search warrant

authorizing the administration of the chemical test.


 

 

 

 

 

830)

Section

Added Chapter Numbers:

 

31-28-10

239 and 240

 

 

31-28-10. Parking spaces for persons transporting young children and strollers.

     (a) Motor vehicle parking spaces specifically designed for persons transporting young

children under the age of three (3) years and baby strollers, shall be required for all parking lots

other than lots for single-family, duplex, townhouse, or multifamily residences; provided, however,

industrial zoned properties shall not be required to comply with this section. The motor vehicle

parking spaces specifically designed for persons transporting young children under the age of three

(3) years and baby strollers shall be provided as follows:

     Total Parking Spaces in Lot Required Number of Stroller Spaces

     Up to 100 0

     101 to 500 2

     501 to 1,000 3

     >1,001 One additional space for each 500 parking spaces

      over 1,000

     (b) Motor vehicle parking spaces specifically designed for persons transporting young

children under the age of three (3) years and baby strollers shall be located as closely as possible

to parking spaces designated for the physically handicapped and/or disabled persons; provided,

however, parking spaces designated for the physically handicapped and/or disabled persons shall

take precedence. Where no parking spaces designated for the physically handicapped and/or

disabled persons have been provided, parking spaces for persons transporting young children in

baby strollers shall be located on the shortest accessible route of travel from adjacent parking to an

accessible entrance.

     (c) All parking spaces for persons transporting young children and strollers shall be

prominently outlined with green paint and posted with an approved permanent above-ground sign

which shall be of a minimum size of twelve inches (12") wide and eighteen inches (18") in height

and shall include an image of a baby stroller with the language "Reserved Parking" located above

the image of the baby stroller and with the language "persons with strollers" located below the baby

stroller image. The bottom of the sign must be at least five feet (5') above grade when attached to

a building, or seven feet (7') above grade for a detached sign.

     (d) All property owners who are required by this section to provide motor vehicle parking

spaces for persons transporting young children and strollers shall provide such parking spaces

within two (2) years from the effective date of this section June 28, 2022. In no event shall the

number of parking spaces for the physically handicapped and/or disabled be reduced below the

quantity otherwise required by law.

     (e) Enforcement of the parking provisions of this section shall be enforced by the local or

state authorities on public or private property when the location of the parking spaces is within the

purview of the State Building Code state building code, chapter 27.3 of title 23.

     (f) The owners of said property shall be responsible for the cost of the signage and proper

installation in accordance with subsection (c) of this section.


 

 

 

831)

Section

Amended Chapter Numbers:

 

31-41.1-4

178 and 179

 

 

31-41.1-4. Schedule of violations.

     (a) The penalties for violations of the enumerated sections, listed in numerical order,

correspond to the fines described. However, those offenses for which punishments may vary

according to the severity of the offense, or punishment that requires the violator to perform a

service, shall be heard and decided by the traffic tribunal or municipal court. The following

violations may be handled administratively through the method prescribed in this chapter. This list

is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other

violations.

VIOLATIONS SCHEDULE

Sections of Total

General Laws Fine

8-8.2-2 DOT, DEM, or other agency and department violations $85.00

24-10-17 Soliciting rides in motor vehicles 85.00

24-10-18 Backing up prohibited 85.00

24-10-19 Advertising motor vehicle for sale on state highways 100.00

24-10-20 Park and ride lots 85.00

24-12-37 Nonpayment of toll 100.00

31-3-12 Visibility of plates 85.00

31-3-18 Display of plates 85.00

31-3-32 Driving with expired registration 85.00

31-3-34 Failure to notify division of change of address 85.00

31-3-35 Notice of change of name 85.00

31-3-40 Temporary plates – dealer issued 85.00

31-4-3 Temporary registration – twenty-day (20) bill of sale 85.00

31-10-10 Rules as to armed forces license 85.00

31-10-30 Driving on expired license 85.00

31-10-32 Notice of change of address 85.00

31-10.1-4 No motorcycle helmet (operator) 85.00

31-10.1-5 Motorcycle handlebar violation 85.00

31-10.1-6 No motorcycle helmet (passenger) 85.00

31-10.1-7 Inspection of motorcycle required 85.00

31-12-12 Local motor vehicle ordinance 85.00

31-13-4 Obedience to devices 85.00

31-13-6(3)(i) Eluding traffic light 85.00

31-13-9 Flashing signals 85.00

31-13-11 Injury to signs or devices 85.00

31-14-1 Reasonable and prudent speed 95.00

31-14-3 Condition requiring reduced speed 95.00

31-14-9 Below minimum speed 95.00

31-14-12 Speed limit on bridges and structures 95.00

31-15-1 Leaving lane of travel 85.00

31-15-2 Slow traffic to right 85.00

31-15-3 Operator left of center 85.00

31-15-4 Overtaking on left 85.00

31-15-5(a) Overtaking on right 85.00

31-15-6 Clearance for overtaking 85.00

31-15-7 Places where overtaking prohibited 85.00

31-15-8 No passing zone 85.00

31-15-9 One way highways 85.00

31-15-10 Rotary traffic islands 85.00

31-15-11 Laned roadway violation 85.00

31-15-12 Following too closely 85.00

31-15-12.1 Entering intersection 100.00

31-15-13 Crossing center section of divided highway 85.00

31-15-14 Entering or leaving limited access roadways 85.00

31-15-16 Use of emergency break-down lane for travel 85.00

31-15-17 Crossing bicycle lane 85.00

31-15-18 Unsafe passing of person operating a bicycle 85.00

31-16-1 Care in starting from stop 85.00

31-16-2 Manner of turning at intersection 85.00

31-16-4 U turn where prohibited 85.00

31-16-5 Turn signal required 85.00

31-16-6 Time of signaling turn 85.00

31-16-7 Failure to give stop signal 85.00

31-16-8 Method of giving signals 85.00

31-16.1-3 Diesel vehicle idling rules first offense not to exceed 100.00

second and subsequent offense not to exceed 500.00

31-17-1 Failure to yield right of way 85.00

31-17-2 Vehicle turning left 85.00

31-17-3 Yield right of way (intersection) 85.00

31-17-4 Obedience to stop signs 85.00

31-17-5 Entering from private road or driveway 85.00

31-17-8 Vehicle within right of way, rotary 85.00

31-17-9 Yielding to bicycles on bicycle lane 85.00

31-18-3 Right of way in crosswalks first violation 85.00

second violation or any subsequent violation $100.00

31-18-5 Crossing other than at crosswalks 85.00

31-18-8 Due care by drivers 85.00

31-18-12 Hitchhiking 85.00

31-18-18 Right of way on sidewalks 85.00

31-19-3 Traffic laws applied to bicycles 85.00

31-19-20 Sale of new bicycles 85.00

31-19-21 Sale of used bicycles 85.00

31-19.1-2 Operating motorized bicycle on an interstate highway 85.00

31-19.2-2 Operating motorized tricycle on an interstate highway 85.00

31-20-1 Failure to stop at railroad crossing 85.00

31-20-2 Driving through railroad gate 85.00

31-20-9 Obedience to stop sign 85.00

31-21-4 Places where parking or stopping prohibited 85.00

31-21-14 Opening of vehicle doors 85.00

31-21-18 Electric vehicle charging station restriction 85.00

31-22-2 Improper backing up 85.00

31-22-4 Overloading vehicle 85.00

31-22-5 Violation of safety zone 85.00

31-22-6 Coasting 85.00

31-22-7 Following fire apparatus 85.00

31-22-8 Crossing fire hose 85.00

31-22-9 Throwing debris on highway – snow removal 85.00

31-22-11.5 Improper use of school bus– not to exceed five hundred dollars

for each day of improper use ($500)

31-22-22(a) No child restraint 85.00

31-22-22(a) Child restraint/seat belt but not in any rear seating position 85.00

31-22-22(b), (f) No seat belt – passenger 40.00

31-22-22(g) No seat belt – operator 40.00

31-22-23 Tow trucks – proper identification 275.00

31-22-24 Operation of interior lights 85.00

31-23-1(b)(2) U.S. department of transportation motor carrier safety rules

and regulations Not less than $85.00

or more than $500.00

31-23-1(e)(6) Removal of an "out of service vehicle" sticker 125.00

31-23-1(e)(7) Operation of an "out of service vehicle" 100.00

31-23-2(b) Installation or adjustment of unsafe or prohibited parts,

equipment, or accessories:

(first offense) 250.00

(second offense) 500.00

(third and subsequent offenses) 1,000.00

31-23-4 Brake equipment required 85.00

31-23-8 Horn required 85.00

31-23-10 Sirens prohibited 85.00

31-23-13 Muffler required 85.00

31-23-13.1 Altering height or operating a motor vehicle with an

altered height 85.00

31-23-14 Prevention of excessive fumes or smoke 85.00

31-23-16 Windshield and window stickers (visibility) 85.00

31-23-17 Windshield wipers 85.00

31-23-19 Metal tires prohibited 85.00

31-23-20 Protuberances on tires 85.00

31-23-26 Fenders and wheel flaps required 85.00

31-23-27 Rear wheel flaps on buses, trucks, and trailers 85.00

31-23-29 Flares or red flag required over four thousand pounds

(4,000 lbs.) 85.00

31-23-40 Approved types of seat belt requirements 85.00

31-23-42.1 Special mirror – school bus 85.00

31-23-43 Chocks required (1 pair) – over four thousand pounds

(4,000 lbs.) 85.00

31-23-45 Tire treads – defective tires 85.00

31-23-47 Slow moving emblem required 85.00

31-23-49 Transportation of gasoline – passenger vehicle 85.00

31-23-51 Operating bike or motor vehicle wearing ear phones

(first offense) 85.00

second offense 95.00

for the third and each subsequent offense 140.00

31-24-1 through 31-24-54 Times when lights required 85.00

31-25-3 Maximum width of one hundred and two inches (102")

exceeded 85.00

31-25-4 Maximum height of one hundred sixty-two inches (162")

exceeded 85.00

31-25-6 Maximum number and length of coupled vehicles 500.00

31-25-7 Load extending three feet (3') front, six feet (6') rear

exceeded 85.00

31-25-9 Leaking load 85.00

31-25-11 Connections between coupled vehicles 85.00

31-25-12 Towing chain, twelve-inch (12") square flag required 85.00

31-25-12.1 Tow truck – use of lanes

(first offense) 85.00

second offense 95.00

for the third and each subsequent offense 100.00

31-25-14(d)(1) Maximum weight and tandem axles 125.00

31-25-14(d)(2) Maximum weight and tandem axles 125.00

31-25-14(d)(3) Maximum weight and tandem axles 125.00

31-25-16(c)(2) Maximum weight shown in registration per thousand lbs.

overweight or portion thereof 85.00

31-25-16(c)(3) Maximum weight shown in registration per thousand lbs.

overweight or portion thereof. 125.00

31-25-16(c)(4) Maximum weight shown in registration 1,025.00

plus per thousand pounds overweight or portion thereof $125.00

31-25-17 Identification of trucks and truck-tractors

(first offense) 85.00

(second offense) 95.00

for the third and subsequent offenses 125.00

31-25-24 Carrying and inspection of excess load limit 175.00 350.00

31-25-27(c) Maximum axle

(first offense) 3,000.00

not to exceed 5,000.00

for each and every subsequent offense

31-25-30 Maximum axle Pawtucket River Bridge and Sakonnet River

Bridge

(first offense) 3,000.00

not to exceed 5,000.00

for each and every subsequent offense

31-27-2.3 Refusal to take preliminary breath test 85.00

31-28-7(d) Wrongful use of handicapped parking placard 500.00

31-28-7(f) Handicapped parking space violation:

First offense 100.00

Second offense 175.00

Third offense and subsequent offenses 325.00

31-28-7.1(e) Wrongful use of institutional handicapped parking

placard 125.00

31-33-2 Failure to file accident report 85.00

31-34-2 Proof of insurance – motor vehicle rental 85.00

31-34-3 Operation by person other than lessee 85.00

31-36.1-17 No fuel tax stamp (out-of-state) 85.00

and not exceeding for subsequent offense ($100)

31-38-3 No inspection sticker 85.00

31-38-4 Violation of inspection laws 85.00

31-41.3-15 Automated school-zone-speed-enforcement system 50.00

31-47.2-6 Heavy-duty vehicle emission inspections:

First offense 125.00

Second offense 525.00

Third and subsequent offenses 1,025.00

37-15-7 Littering not less than 55.00

not more than five hundred dollars ($500)

39-12-26 Public carriers violation 300.00

SPEEDING Fine

(A) One to ten miles per hour (1-10 mph m.p.h.) in excess of posted speed limit $ 95.00

(B) Eleven miles per hour (11 mph m.p.h.) in excess of posted speed limit with a fine 205.00

of ten dollars ($10.00) per mile in excess of speed limit shall be assessed. minimum

     (b) In addition to any other penalties provided by law, a judge may impose the following

penalties for speeding:

     (1) For speeds up to and including ten miles per hour (10 m.p.h.) over the posted speed

limit on public highways, a fine as provided for in subsection (a) of this section for the first offense;

ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second offense if

within twelve (12) months of the first offense; and fifteen dollars ($15.00) per mile for each mile

in excess of the speed limit for the third and any subsequent offense if within twelve (12) months

of the first offense. In addition, the license may be suspended up to thirty (30) days.

     (2) For speeds in excess of ten miles per hour (10 m.p.h.) over the posted speed limit on

public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for the

first offense; fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the

second offense if within twelve (12) months of the first offense; and twenty dollars ($20.00) per

mile for each mile in excess of the speed limit for the third and subsequent offense if within twelve

(12) months of the first offense. In addition, the license may be suspended up to sixty (60) days.

     (c) Except for a technology surcharge assessed in accordance with § 8-15-11, any person

charged with a violation who pays the fine administratively pursuant to this chapter shall not be

subject to any additional costs or assessments, including, but not limited to, the hearing fee

established in § 8-18-4.


 

 

832)

Section

Amended Chapter Numbers:

 

34-18-10

206 and 207

 

 

34-18-10. Service of process for actions pursuant to chapter.

     (a)(1) In actions for nonpayment of rent, the summons for eviction for nonpayment of rent

shall be in the form provided in § 34-18-56(g). At the time of filing of the complaint, the clerk shall

mark enter the date of hearing upon the summons, which shall be the ninth (9th) day after filing of

the complaint, or the first court day following the ninth (9th) day, which shall be fourteen (14) to

twenty-four (24) days after filing of the complaint. For the purposes of this section only, the time

of filing of the complaint shall be the date upon which the clerk assigns a case number to the action

and the filing fee is paid to the clerk. On the same day that the complaint is filed, the plaintiff's

attorney or, if pro se, the plaintiff, or if more than one, the person filing the complaint shall mail a

copy of the summons and complaint with the date of the hearing and a blank answer form as

provided in § 34-18-56(j) by first class mail, to the defendant, shall complete the proof of service

on a copy of the original summons and file the completed proof of service in the appropriate court.

The clerk shall note on the docket the mailing date of the summons and complaint, and shall

complete the proof of service on the original summons. The plaintiff shall deliver the original

summons and a copy thereof, together with a copy of the complaint and a blank answer form to the

division of sheriffs or any constable of the county in which the appropriate court is located. The

officer receiving the copies shall serve them by:

     (i) Handing them to the defendant; or

     (ii) Serving them at the defendant's dwelling unit to a person of suitable age and discretion

then residing therein; or

     (iii) If none be found, by posting them conspicuously on the door to defendant's dwelling

unit.

     (2) The deputy sheriff or constable serving the summons and complaint shall make proof

of service on the original summons and shall file it with the clerk of the appropriate court at or

before the time of the hearing. The proof of service shall show the manner and the day, hour, and

place of service, and shall show that the defendant was served no less than five (5) days before the

hearing.

     (b) In all actions pursuant to this chapter other than for nonpayment of rent, the procedure

shall be as follows:

     (1) The summons for eviction actions pursuant to §§ 34-18-36 and 34-18-38 shall be in the

form provided in § 34-18-56(h). A blank answer, in the form provided in § 34-18-56(j) shall be

served together with this summons.

     (2) The summons in all other actions pursuant to this chapter shall be in the form provided

in § 34-18-56(i). Service shall be made pursuant to Rule 4 of the district court civil rules, or other

appropriate rule of court.

     (c) If a landlord or tenant is not a resident of this state or is a corporation not authorized to

do business in this state and engages in any conduct in this state governed by this chapter, or

engages in a transaction subject to this chapter, he or she may designate an agent upon whom

service of process may be made in this state. The agent shall be a resident of this state or a

corporation authorized to do business in this state. The designation shall be in writing and filed

with the secretary of state. If no designation is made and filed or if the process cannot be served in

this state upon the designated agent, process may be served upon the secretary of state, but service

upon the secretary of state is not effective unless the plaintiff or petitioner forthwith mails a copy

of the process and pleading by registered or certified mail to the defendant or respondent at his or

her last reasonably ascertainable address. An affidavit of compliance with this subsection shall be

filed with the clerk of the court on or before the return day of the process, if any, or within any

further time the court allows.

     (d) If at time of hearing it appears that the clerk failed to provide mail service as required

by subsection (a), or that the mailed service was undeliverable, service shall nevertheless be

deemed complete if proof of service reflects that service was accomplished in accordance with

subsection (a)(1)(i) or (ii) of this section. If mailed service was defective and the tenant was

prejudiced by shorter notice of the hearing, the tenant may seek the benefits of § 34-18-35(d) for

late filing of discovery, if justice requires.


 

 

833)

Section

Amended Chapter Numbers:

 

34-36.1-3.13

305 and 306

 

 

34-36.1-3.13. Insurance.

     (a) Commencing not later than the time of the first conveyance of a unit to a person other

than a declarant, the association shall maintain, to the extent reasonably available:

     (1) Property insurance on the common elements insuring against all risks of direct, physical

loss commonly insured against or, in the case of a conversion building, against fire and extended

coverage perils. The total amount of insurance after application of any deductibles shall be not less

than eighty percent (80%) of the actual cash value of the insured property at the time the insurance

is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items

normally excluded from property policies; and

     (2) Liability insurance, including medical payments insurance, in an amount determined

by the executive board, but not less than any amount specified in the declaration, covering all

occurrences commonly insured against for death, bodily injury, and property damage arising out

of, or in connection with, the use, ownership, or maintenance of the common elements and any

property owned or leased by the association.

     (b) In the case of a building containing units having horizontal boundaries described in the

declaration, the insurance maintained under subdivision (a)(1), to the extent reasonably available,

shall include the units, but need not include improvements and betterments installed by unit owners.

     (c) If the insurance described in subsections (a) and (b) is not reasonably available, the

association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United

States mail to all unit owners. The declaration may require the association to carry any other

insurance, and the association in any event may carry any other insurance it deems appropriate to

protect the association or the unit owners.

     (d) Insurance policies carried pursuant to subsection (a) must provide that:

     (1) Each unit owner is an insured person under the policy with respect to liability arising

out of the owner's interest in the common elements or membership in the association;

     (2) The insurer waives its right to subrogation under the policy against any unit owner or

member of the owner's household;

     (3) No act or omission by any unit owner, unless acting within the scope of his or her

authority on behalf of the association, will void the policy or be a condition to recovery under the

policy; and

     (4) If, at the time of a loss under the policy, there is other insurance in the name of a unit

owner covering the same risk covered by the policy, the association's policy provides primary

insurance. Provided, however, a unit owner’s insurance policy shall become the primary insurance

policy with respect to any amount of loss covered by the association’s policy but not payable under

the association’s policy because of the application of the deductible.

     (e) Any loss covered by the property policy under subdivision (a)(1) and subsection (b)

must be adjusted with the association, but the insurance proceeds for that loss are payable to any

insurance trustee designated for that purpose, or otherwise to the association, and not to any

mortgagee or beneficiary under a deed of trust. The insurance trustee or the association shall hold

any insurance proceeds in trust for unit owners and lien holders as their interests may appear.

Subject to the provisions of subsection (h), the proceeds must be disbursed first for the repair or

restoration of the damaged property, and unit owners and lien holders are not entitled to receive

payment of any portion of the proceeds unless there is a surplus of proceeds after the property has

been completed, repaired or restored, or the condominium is terminated.

     (f) An insurance policy issued to the association does not prevent a unit owner from

obtaining insurance for his or her own benefit.

     (g) An insurer that has issued an insurance policy under this section shall issue certificates

or memoranda of insurance to the association and, upon written request, to any unit owner,

mortgagee, or beneficiary under a deed of trust. The insurer issuing the policy may not cancel or

refuse to renew it until thirty (30) days after notice of the proposed cancellation or nonrenewal has

been mailed to the association, each unit owner, and each mortgagee or beneficiary under a deed

of trust to whom a certificate or memorandum of insurance has been issued at their respective last

known addresses.

     (h) Any portion of the condominium for which insurance is required under this section that

is damaged or destroyed shall be repaired or replaced promptly by the association unless: (1) the

The condominium is terminated; (2) repair Repair or replacement would be illegal under any state

or local health or safety statute or ordinance; or (3) eighty Eighty percent (80%) of the unit owners,

including every owner of a unit or assigned, limited common element that will not be rebuilt, vote

not to rebuild unless insurance proceeds are adequate to rebuild. The cost of repair or replacement

in excess of insurance proceeds and reserves, after the application of the association’s policy

deductible, is a common expense, unless the declaration provides otherwise. If the entire

condominium is not repaired or replaced, (1) the The insurance proceeds attributable to the

damaged common elements must be used to restore the damaged area to a condition compatible

with the remainder of the condominium; (2) the The insurance proceeds attributable to units and

limited, common elements that are not rebuilt must be distributed to the owners of those units and

the owners of the units to which those limited common elements were allocated, or to lienholders,

as their interests may appear; and (3) the The remainder of the proceeds must be distributed to all

the unit owners or lienholders, as their interests may appear, in proportion to the common element

interests of all the units. If the unit owners vote not to rebuild any unit, that unit's allocated interests

are automatically reallocated upon the vote as if the unit had been condemned under § 34-36.1-

1.07(a) and the association promptly shall prepare, execute, and record an amendment to the

declaration reflecting the reallocations. Notwithstanding the provisions of this subsection, § 34-

36.1-2.18 governs the distribution of insurance proceeds if the condominium is terminated.

     (i) In the event a unit owner sustains damage to the owner's unit as a result of an event that

is covered under the insurance coverage purchased in accordance with this section, then upon

written request to the condominium association, the unit owner shall be entitled to a written copy

from the condominium association of the insurance company damage appraisal or any damage

appraisal in regard to damage to the owner's unit, within fourteen (14) calendar days of the date of

the unit owner's request, or within fourteen (14) days of the association's receipt of the damage

appraisal, whichever is later. If coverage for the damage to a unit is denied for any reason or is

deemed to be valued below the policy deductible, then the unit owner shall also be entitled to

receive, from the association, a copy of the letter detailing the determination.

     (j) The provisions of this section may be varied or waived in the case of a condominium

all of whose units are restricted to nonresidential use.


 

 

834)

Section

Amended Chapter Numbers:

 

36-4-51

172 and 173

 

 

36-4-51. Running for elective office by classified employee.

     (a) No classified employee or member of the personnel appeal board shall seek the

nomination of or be a candidate for any elective state office; neither shall any state elective officer

be appointed a member of the personnel appeal board or a classified employee unless he or she

resigns his or her elective office.

     (b) A classified employee, whose position is not fully funded through federal loans and/or

grants, may seek the nomination of or be a candidate for elective state office in the state of Rhode

Island. Provided, however, if said the classified employee is elected to state office, the employee

must resign or terminate their his or her classified employee position prior to assuming or holding

any state elective office in the state of Rhode Island.

     (c) A state elective officer may be appointed a classified employee or a member of the

personnel appeal board, but only after resigning their the officer’s elective office.


 

 

 

835)

Section

Amended Chapter Numbers:

 

36-10-36

433 and 434

 

 

36-10-36. Post-retirement employment.

     (a) On and after July 7, 1994, no member who has retired under the provisions of titles title

16, 36, or 45 may be employed or reemployed by any state agency or department unless any and

all retirement benefits to which he or she may be entitled by virtue of the provisions of titles title

16, 36, or 45 are suspended for the duration of any employment or reemployment. No additional

service credits shall be granted for any post-retirement employment or reemployment and no

deductions shall be taken from an individual's salary for retirement contribution. Notice of any such

post-retirement employment or reemployment shall be sent monthly to the retirement board by the

employing agency or department and by the retired member.

     (b) Any member who has retired under the provisions of titles title 16, 36, or 45 may be

employed or reemployed by any municipality within the state that has accepted the provisions of

chapter 21 of title 45 and participates in the municipal employees' retirement system for a period

of not more than seventy-five (75) working days or one hundred fifty (150) half days with half-day

pay in any one calendar year without any forfeiture or reduction of any retirement benefits and

allowances the member is receiving, or may receive, as a retired member. Pension payments shall

be suspended whenever this period is exceeded. No additional contributions shall be taken, and no

additional service credits shall be granted, for this service. Notice of this employment or

reemployment shall be sent monthly to the retirement board by the employer and by the retired

member.

     (c) Any member who has retired under the provisions of title 16, 36, or 45 may be employed

or reemployed by any municipality within the state that has not accepted the provisions of chapter

21 of title 45 and that does not participate in the municipal employees' retirement system.

     (d) Notwithstanding the provisions of this section:

     (1) Any retired member of the system shall be permitted to serve as an elected mayor, the

town administrator, the city administrator, the town manager, the city manager, the chief

administrative officer, or the chief executive officer of any city or town, city or town council

member, school committee member, or unpaid member of any part-time state board or commission

or member of any part-time municipal board or commission, and shall continue to be eligible for,

and receive, the retirement allowance for service other than that as a mayor, administrator, council

member, school committee member, or member of any state board or commission or member of

any part-time municipal board or commission; provided, however, that no additional service credits

shall be granted for any service under this subsection;

     (2) Any retired member, who retired from service at any state college, university, state

school, or who retired from service as a teacher under the provisions of title 16, or who retired from

service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by any state

college, university, or state school for the purpose of providing classroom instruction, academic

advising of students, and/or coaching. Compensation shall be provided at a level not to exceed the

salary provided to other faculty members employed under a collective bargaining agreement at the

institution. In no event shall "part-time" mean gross pay of more than eighteen thousand dollars

($18,000) in any one calendar year. Any retired member who provides such instruction or service

shall do so without forfeiture or reduction of any retirement benefit or allowance; provided,

however, that no additional service credits shall be granted for any service under this subsection;

     (3) Any retired member who retired from service as a teacher under the provisions of title

16, or as a state employee who, while an active state employee, was certified to teach driver

education by the department of elementary and secondary education or by the board of governors

for higher education, may be employed or reemployed, on a part-time basis, by the department of

elementary and secondary education or by the board of governors of higher education for the

purpose of providing classroom instruction in driver education courses in accordance with § 31-

10-19 and/or motorcycle driver education courses in accordance with § 31-10.1-1.1. In no event

shall "part-time" mean gross pay of more than fifteen thousand dollars ($15,000) in any one

calendar year. Any retired teacher who provides that instruction shall do so without forfeiture or

reduction of any retirement benefit or allowance the retired teacher is receiving as a retired teacher;

provided, however, that no additional service credits shall be granted for any service under this

subsection;

     (4) Any retired member who retired from service as a registered nurse may be employed

or reemployed, on a per-diem basis, for the purpose of providing professional nursing care and/or

services at a state-operated facility in Rhode Island, including employment as a faculty member of

a nursing program at a state-operated college or university. In no event shall "part-time" mean gross

pay of more than a period of seventy-five (75) working days or one hundred fifty (150) half days

with half pay in any one calendar year. Any retired nurse who provides such care and/or services

shall do so without forfeiture or reduction of any retirement benefit or allowance the retired nurse

is receiving as a retired nurse; provided, however, that no additional service credits shall be granted

for any service under this subsection. Pension payments shall be suspended whenever this period

is exceeded. No additional contributions shall be taken and no additional service credits shall be

granted for this service. Notice of this employment or reemployment shall be sent monthly to the

retirement board by the employer and by the retired member;

     (5) Any retired member who, at the time of passage of this section, serves as a general

magistrate within the family court and thereafter retires from judicial service, may be employed or

reemployed by the family court to perform such services as a general magistrate of the family court

as the chief judge of the family court shall prescribe without any forfeiture or reduction of any

retirement benefits and allowances that he or she is receiving or may receive. For any such services

or assignments performed after retirement, the general magistrate shall receive no compensation

whatsoever, either monetary or in kind. No additional contributions shall be taken and no additional

service credits shall be granted for this service; and

     (6) Any retired district court clerk/magistrate or magistrate of the district court who shall

subsequently be assigned to perform service in accordance with §§ 8-8-8.1 or 8-8-16.2(e), may be

employed or reemployed by the district court to perform such services as a magistrate as the chief

judge of the district court shall prescribe without any forfeiture or reduction of any retirement

benefits and allowance that he or she is receiving or may receive. For any such services or

assignment performed after retirement, the district court clerk/magistrate or magistrate shall

receive, in addition to his or her retirement pension, the difference in pay and fringe benefits

between his or her retirement pension, and that of a sitting magistrate of the district court with

comparable state service time. No additional contributions shall be taken and no additional service

credits shall be granted for this service; and

     (6)(7) Any retired member of the system shall be permitted to serve as a municipal

employee without any forfeiture or reduction of any retirement benefits and allowances that he or

she is receiving or may receive; provided, that said member shall be appointed by and serves at the

pleasure of the highest elected chief executive officer, as defined in § 45-9-2, in any city or town

subject to the provisions of chapter 9 of title 45 entitled "Budget Commissions" relating to the

appointment of a fiscal overseer, budget commission, receiver, and/or financial advisor. Provided

further, that no additional service credits shall be granted for any service under this subsection.


 

 

 

 

836)

Section

Added Chapter Numbers:

 

36-10-36.1

7 and 8

 

 

36-10-36.1. Post-retirement employment related to COVID-19.

     (a) Notwithstanding any public or general law, or rule or regulation to the contrary, any

teacher, administrator, or staff member who has retired under the provisions of title 16, 36, or 45

may, as part of the public health crisis caused by COVID-19, exceed the seventy-five-(75) day (75)

cap on post-retirement employment upon:

     (1) A determination by the local education authority that there exists a specialized need,

within their authority, to fill positions on a temporary basis, that may exceed the seventy-five-(75)

day (75) cap on post-retirement employment; and

     (2) There exists a good-faith basis that those retired teachers, administrators and staff

members being asked to exceed the seventy-five-(75) day (75) cap on post-retirement employment,

possess the skills, training, and knowledge necessary to help address the public health crisis caused

by COVID-19; and

     (3) The local education authority has notified the state retirement board that it has

determined that exceeding the seventy-five-(75) day (75) cap on post-retirement employment is

necessary to help address the public health crisis caused by COVID-19.

     (b) Any teacher, administrator, or staff member who has retired under the provisions of

title 16, 36, or 45, and has been employed or re-employed, under the provisions of this section,

shall not be entitled to additional service credits for such employment.

     (c) Unless extended by the general assembly, this section shall sunset upon the conclusion

of the 2021-2022 school year.


 

 

 

837)

Section

Added Chapter Numbers:

 

37-2-13.1

350 and 351

 

 

37-2-13.1. Procurement regulations -- Request for proposal.

     (a) No request for proposal shall change to a master-price agreement unless the request for

proposal is cancelled and reissued as a master price agreement.

     (b) No vendor, parent corporation, subsidiary, affiliate, or subcontractor of any state vendor

may bid on a request for proposal if that person or entity has or had any contractual, financial,

business, or beneficial interest with the state or with any official, officer, or agency in charge of the

request or if they participated or were consulted with respect to the requirements, technical aspects,

or any other part of the formation and promulgation of the request for proposals. Further, no person

or entity who or that acts as an operator or vendor for the state may participate in any request for

proposal relating to any audit, examination, independent verification, review, or evaluation of any

of the person person’s or entity's work, financials or operations performed for or on behalf of the

state, or any official, officer, or agency.

     (c) Persons or entities certified as "sole source" providers under § 37-2-21 shall be exempt

from the requirements of subsection (b) of this section.

     (d) Any person or entity submitting a proposal in response to a request for proposal shall

make a written certification attesting under the penalty of perjury that the terms of subsection (b)

of this section have been complied with or that the person or entity is exempt under subsection (c)

of this section.


 

 

 

 

838)

Section

Amended Chapter Numbers:

 

37-24-2

204 and 205

 

 

37-24-2. Legislative findings.

     It is hereby found and declared as follows:

     (1) Energy costs for public buildings and public projects are skyrocketing and will likely

continue to increase.

     (2) Energy use by public buildings and public projects contributes substantially to the

problems of pollution and global warming.

     (3) Public buildings, public structures, public real property and public projects can be built,

and renovated, and located using high-performance methods that save and generate energy; reduce

and conserve water consumption; improve indoor air and environmental quality; and improve water

qualityreduce transportation demand and emissions; preserve the environment; and make workers

and students more productive; and improve the quality of our individual and shared human

experience and environmental justice for all citizens of the state.

     (4) The green buildings act is a strategic tool to achieve the greenhouse gas emission

reduction targets and other objectives of chapter 6.2 of title 42 the ("2021 act on climate") and the

work of the executive climate change coordinating council established in § 42-6.2-1.

     (4)(5) This law is necessary to more efficiently spend public funds.


 

 

839)

Section

Amended Chapter Numbers:

 

37-24-3

204 and 205

 

 

37-24-3. Definitions.

     For purposes of this chapter, the following definitions shall apply:

     (1) "Construction" means the process of building, altering, repairing, improving, or

demolishing forty percent (40%) or more of any public structures, or public buildings, public real

property or other public improvements of any kind to any public structures, public buildings or

public real property.

     (2) "Department" means the department of administration.

     (3) "Equivalent standard" means a high-performance green building standard, other than

LEED, LEED for Neighborhood Development, and SITES, that provides an independent, third-

party verification and certification of a rating system or measurement tool, that, when used, leads

to outcomes, similar or equivalent to, LEED, LEED for Neighborhood Development, and SITES

outcomes, in terms of green building, green infrastructure, and green site performance; current

accepted equivalent standards include green globes, Northeast collaborative high-performance

schools protocol; or other equivalent high-performance green building, green infrastructure, and

green site standards accepted by the department.

     (4) "LEED" also, "LEED for Neighborhood Development, and SITES certified standard"

means the current version of the United States U.S. Green Building Council Leadership in Energy

and Environmental Design (LEED) green building rating standard referred to as LEED, LEED for

Neighborhood Development, and SITES certified. SITES means the U.S. Green Building Council's

SITES -- The Sustainable Sites SITES Initiative.

     (5)(7) "Major Public major facility project" means:

     (i) A public facility building construction project larger than five thousand (5,000) ten

thousand (10,000) gross square feet of occupied or conditioned space, and its public real-property

site; or

     (ii) A public facility building renovation project larger than ten thousand (10,000) gross

square feet of occupied or conditioned space, and its public real-property site.

     (6)(5) "Public agency" means every state or municipal office, board, commission,

committee, bureau, department, or public institution of higher education, or any political

subdivision thereof.

     (7)(6) "Public facility" means any public institution, public facility, public equipment, or

any physical asset owned, including its public real-property site, leased or controlled in whole or

in part by this state, or any agency a public agency, a municipality or a political subdivision, thereof

which that is for public or government use.


 

 

840)

Section

Amended Chapter Numbers:

 

37-24-4

204 and 205

 

 

37-24-4. Green building standards.

     (a) All public major facility projects of the state, public agencies, municipalities and

political subdivisions shall be designed and constructed to at least the LEED, LEED for

Neighborhood Development, and SITES, as provided herein, certified or an equivalent high-

performance green building standard. This provision applies to public major facility projects or

other public improvements of any kind to any public real property facility that have not entered the

design phase prior to January 1 July 12010 2023, for LEED, and July 1, 2017, for LEED for

Neighborhood Development and for SITES through December 31, 2020, or for up to four (4)

projects, whichever comes first, unless otherwise continued or expanded by the general assembly.

     (b) All public major facility projects of a public school district facility, where the project

receives any funding from the state, shall be designed and constructed to at least the LEED, LEED

for Neighborhood Development, and SITES, as provided herein, certified standard, or the Northeast

Collaborative for High-Performance Schools Protocol, Version 1.1 or above. This provision applies

to public major facility projects or other public improvements of any kind to any public real

property by the state or a public school district to any public school facility that have not entered

the design phase prior to January 1, 2010, prior to July 1, 2023, for LEED, LEED for Neighborhood

Development, and for SITES through December 31, 2020 or for up to four (4) projects, whichever

comes first, unless otherwise continued or expanded by the general assembly.

     (c) A public major facility project does not have to meet the LEED, LEED for

Neighborhood Development, and SITES certified standard or an equivalent high-performance

green building standard if:

     (1) There is no appropriate LEED, LEED for Neighborhood Development, and SITES

standard or other high-performance green building standard for that type of building or renovation

project or other public improvements of any kind to any public real property facility. In such case,

the department will set lesser green building standards that are appropriate to the project.

     (2) There is no practical way to apply the LEED, LEED for Neighborhood Development,

and SITES standard or other high-performance green building standard to a particular building or

renovation project or other public improvements of any kind to any public real property facility. In

such case, the department will set lesser green building standards that are appropriate to the project.

     (d) The provisions related to LEED for Neighborhood Development and SITES shall

continue through December 31, 2020, for up to four (4) projects selected by the department, subject

to evaluation and continuation by the general assembly thereafter.


 

 

841)

Section

Amended Chapter Numbers:

 

37-24-6

204 and 205

 

 

37-24-6. Protection from liability.

     No person, corporation, or entity shall be held liable for the failure of a public major facility

project to meet the LEED, LEED for Neighborhood Development, and SITES certified standard or

other standards established for the project as long as a good faith attempt was made to achieve the

standard set for the project.


 

 

842)

Section

Added Chapter Numbers:

 

37-25

83 and 84

 

 

CHAPTER 25

CORROSION PREVENTION AND MITIGATION WORK REQUIREMENTS


 

 

843)

Section

Added Chapter Numbers:

 

37-25-1

83 and 84

 

 

37-25-1. Corrosion prevention and mitigation work requirements.

     (a) For purposes of this section:

     (1) ''NACE 13/ACS 1 standard" means the Society for Protective Coatings/NACE

International standard for an industrial coating and lining application specialist.

     (2) "Trained and certified personnel" means both of the following:

     (i) To the maximum extent feasible, workers performing surface preparation and

application of protective coatings and linings to steel, who are classified as journey-level painters,

shall be certified by an organization generally accepted in the industry as meeting the NACE

13/ACS 1 standard, or a similar standard, that is generally accepted in the industry. Coatings

applied during assembly are excluded.

     (ii) Workers performing surface preparation and application of protective coatings and

linings to steel, who are classified as apprentices, shall be registered in an industrial apprenticeship

program, approved by the department of labor and training, that provides training to meet the

NACE 13/ACS 1 standard or a similar standard, that is generally accepted by the industry.

     (b) A public entity that awards a contract after January 1, 2024, that is paid for in whole or

in part with state funds, shall require all contractors and subcontractors performing corrosion

prevention and mitigation work to comply with the standards adopted pursuant to this section.

     (c) Contractors and subcontractors performing public works contracts for corrosion

prevention and mitigation work must comply with the standards adopted pursuant to this section

after January 1, 2024.

     (d) On or before January 1, 2023, the director of the department of labor and training in

consultation with the department of environmental management, shall adopt regulations

establishing standards for the performance of corrosion prevention and mitigation work on public

projects that reflect industry best practices. Such industry best practices shall include, but are not

limited to, the following:

     (1) Use of trained and certified personnel for surface preparation and application of

protective coatings and linings to steel.;

     (2) Use of inspectors to ensure best practices and standards are met.; and

     (3) A plan to prevent environmental degradation, including, but not limited to, careful

handling and containment of hazardous materials including, but not limited to, lead paint.


 

 

844)

Section

Added Chapter Numbers:

 

37-26

232 and 233

 

 

CHAPTER 26

BUILDING SERVICE WORK


 

 

 

 

 

845)

Section

Added Chapter Numbers:

 

37-26-1

232 and 233

 

 

37-26-1. Definitions.

     As used in this chapter:

     (1) "Auxiliary" means an entity that exists to furnish goods or services to students, faculty,

or staff and that charges a fee directly related to the costs of goods or services and are considered

"restricted funds." Auxiliary enterprises are managed as essentially self-supporting activities.

     (2) "Building service employee" or "employee" means any person performing building

services for a contractor under a contract with a state purchasing entity which that is in excess of

one thousand dollars ($1,000) and the principal purpose of such contract is to furnish services

through the use of building services service employees.

     (3) "Building services" means any janitorial or security guard services.

     (4) "Contractor" means any contractor who or that employs employees to perform building

services under a contract with a state purchasing entity and shall include any of the contractor's

subcontractors.

     (5) "Governmental agency" means a state or public agency, a county, municipality, or

school district.

     (6) "Janitorial services" means performance of any duties such as, but not limited to:

cleaning and restocking bathrooms; floor cleaning, servicing, and maintenance for attached

carpeting, hard surfaces, and walk-off mats at all facility entrances (e.g., vacuuming, washing,

sweeping, stripping, waxing, buffing); cleaning of furniture, fixtures, and interior building surfaces

(e.g., dusting, washing, and periodic steam cleaning); all related activities under the other Facilities

Management and Maintenance Standards (FMMS), such as Solid Waste Management and

Integrated Pest Services; use of green cleaning procedures and practices in compliance with all

applicable standards.

     (7) "Predecessor contract" means the contract preceding that to which is being bid upon or

which was recently awarded and to which the current succeeding contract and contractor provide

substantially the same building services to the same state purchasing entity or entities.

     (8) "Public agency" means any body corporate and politic which that has been or will be

created or established within this state, excepting cities and towns, and the university of Rhode

Island board of trustees, for all purchases that are funded by restricted, sponsored, or auxiliary

monies, and the council on postsecondary education for all purchases that are funded by restricted,

sponsored, or auxiliary monies.

     (9) "Restricted funds and sponsored funds" means those funds expendable for operating

purposes but restricted by donors or other outside agencies as to the specific purpose for which they

may be expended (e.g., endowment funds, gifts, scholarships, governmental grants, private grants,

auxiliary enterprises, restricted operational purposes with use-restrictions designated by the

appropriating body).

     (10) "Security guard services" means performance of any duties such as, but not limited to:

securing premises and personnel by patrolling property; inspecting buildings, equipment, and

access points; monitoring of surveillance equipment; investigating disturbances and notifying

tenant agency staff and/or police or fire departments in cases of emergency; monitoring and

authorizing entrance and departure of employees, visitors, and other persons to guard against theft

and maintain security of premises; incident reporting or maintaining a log of activities and

irregularities, such as equipment or property damage, theft, presence of unauthorized persons, or

unusual occurrences; vehicle patrols; inspection; responding to incidents requiring de-escalation

and/or physical intervention.

     (11) "Standard benefits" means the greatest of:

     (i) The benefit rate determined by the United States Department of Labor pursuant to the

"Service Contract Act of 1965" (41 U.S.C. §351, et seq.); or

     (ii) The benefit rate established by the largest collective bargaining agreement (CBA)

covering at least one hundred (100) building service employees performing either janitorial or

security guard services, as applicable, other than those employed by a governmental agency or on

a governmental agency contract or subcontract in Providence County; or

     (iii) The benefit rate in the predecessor contract. Standard benefits shall be an hourly

supplement furnished by a contractor to an employee in one of the following ways:

     (A) In the form of health and/or benefits (not including paid leave) that cost the employer

the entire required hourly supplement amount;

     (B) By providing a portion of the required hourly supplement in the form of health and/or

other benefits (not including paid leave) and the balance in cash; or

     (C) By providing the entire supplement in cash.

     (12) "Standard compensation" means each of the following:

     (i) Standard wage;

     (ii) Standard benefits; and

     (iii) Standard paid leave.

     (13) "Standard paid leave" means the greatest of:

     (i) Vacation and holiday paid days off determined by the United States Department of

Labor pursuant to the "Service Contract Act of 1965" (41 U.S.C. §351, et seq.) for all types; or

     (ii) Vacation and holiday paid days off established by the largest collective bargaining

agreement covering at least one hundred (100) building service employees performing either

janitorial or security guard services, as applicable, other than those employed by a governmental

agency or on a governmental agency contract or subcontract in Providence County,; or

     (iii) The vacation and holiday paid days off in the predecessor contract for the

corresponding type.

     (14) "Standard wage" means the greatest of:

     (i) The wage rate determined by the United States Department of Labor pursuant to the

"Service Contract Act of 1965" (41 U.S.C. §351, et seq.) for Providence County for the relevant

type; or

     (ii) The wage rate established by the largest collective bargaining agreement covering at

least one hundred (100) building service employees performing either janitorial or security guard

services, as applicable, other than those employed by a governmental agency or on a governmental

agency contract or subcontract in Providence County; or

     (iii) The wage rate in the predecessor contract for the corresponding type.

     (15) "State agency" means any department, commission, council, board, bureau,

committee, institution, or other governmental entity of the executive or judicial branch of this state

not otherwise established as a body corporate and politic, and includes, without limitation, the

council on postsecondary education except for purchases which that are funded by restricted,

sponsored, or auxiliary monies, the university of Rhode Island board of trustees, except for all

purchases which that are funded by restricted, sponsored, or auxiliary monies, and the council on

elementary and secondary education.

     (16) "State purchasing entity" means state and public agencies.


 

 

846)

Section

Amended Chapter Numbers:

 

37-26-2

232 and 233

 

 

37-26-2. Investigation and determination of standard compensation -- Filing

of schedule.

     The director of labor and training shall investigate and determine the standard

compensation to be paid as set forth in § 37-25-3 37-26-3 and post the rates on the director of labor

and training's website. In making a determination, the director may adopt and use such appropriate

and applicable prevailing wage determinations as have been made by the Secretary of Labor of the

United States of America in accordance with the Service Contract Act, (41 U.S.C. §351 et seq.), as

well as relevant collective bargaining agreements (CBAs) and previous state purchasing entity

contracts.


 

 

 

847)

Section

Added Chapter Numbers:

 

37-26-3

232 and 233

 

 

37-26-3. Wage and supplement/benefit requirements.

     (a) Every call for bids for every contract for building services in excess of one thousand

dollars ($1,000) to which a state purchasing entity is a party shall contain a provision stating the

standard compensation to be paid to building service employees which shall be made in accordance

with § 37-25-2 37-26-2. Every call for bids shall also specify the number of hours to be worked,

and bidders shall submit pricing on a standard pricing sheet, to be created by the director of labor

and training. The contract shall provide for adjustments of the standard compensation during the

term of the contract.

     (b) All contractors and their subcontractors, who have been awarded contracts for building

services by a state purchasing entity in which public funds are used and of which the contract price

shall be in excess of one thousand dollars ($1,000), shall pay their building service employees the

standard compensation and comply with the provisions set forth in this chapter. This requirement

shall apply regardless of whether the amount is payable at the time of the signing of the contract or

at a later date. Except that notwithstanding any language to the contrary in this section or chapter

the requirement to pay standard benefits shall not apply until the fiscal year beginning on July 1,

2023.

     (c) Every contract within the scope of this chapter shall contain the further provision that

in the event it is found by the director of labor and training that any employee employed by the

contractor or any subcontractor performing building services covered by the contract has been or

is being paid compensation less than the compensation required by the contract to be paid as

aforesaid, the awarding party may terminate the contract. The awarding party shall complete the

work by contract or otherwise and the contractor and his or her sureties shall be liable to the

awarding party for any excess costs the state suffers.


 

 

 

848)

Section

Added Chapter Numbers:

 

37-26-4

232 and 233

 

 

37-26-4. Overtime compensation.

     Any hours worked in any one week beyond forty (40) hours, or in any one day beyond

eight (8) hours, for work subject to the provisions of this chapter shall be compensated at the rate

of one and one-half (1½) of the standard wage, in addition to the standard benefit and standard paid

leave.


 

 

849)

Section

Added Chapter Numbers:

 

37-26-5

232 and 233

 

 

37-26-5. Posting of standard compensation.

     Each contractor awarded a contract for building services with a contract price in excess of

one thousand dollars ($1,000), and each subcontractor who or that performs building service work

on that contract, shall post in conspicuous places wherever building service employees are

employed, posters which that contain the current standard compensation and its components. The

posters shall also contain the rights and remedies described in §§ 37-25-7 37-26-7 and 37-25-8 37-

26-8 for nonpayment of any wages pursuant to this chapter. Posters shall be furnished to contractors

and subcontractors at the time a contract is awarded by the director of labor and training, who shall

determine the size and content thereof from time to time, at the time a contract is awarded. A

contractor or subcontractor who or that fails to comply with the provisions of this section shall be

deemed guilty of a civil infraction and shall pay the director of labor and training one hundred

dollars ($100) for each calendar day of noncompliance as determined by the director. Contracts set

shall not be awarded by a state purchasing entity until the director of labor and training has prepared

and delivered the poster to the division of purchases and the contractor to whom the contract is to

be awarded.


 

 

850)

Section

Added Chapter Numbers:

 

37-26-6

232 and 233

 

 

37-26-6. Recordkeeping.

     (a) Every contractor with a contract price in excess of one thousand dollars ($1,000) for

building services, and each subcontractor who or that performs work on those building services,

shall keep an accurate record showing the name, occupation, and actual compensation paid to each

worker employed by him or her the contractor or subcontractor in connection with the contract

or work. The director and his or her the director’s authorized representatives shall have the right

to enter any place of employment at all reasonable hours, for the purpose of inspecting the wage

records and seeing that all provisions of this chapter are complied with.

     (b) Every service contractor and subcontractor awarded a contract for building services, as

defined by this chapter, shall furnish a certified copy of his or her the payroll records of his or her

the contractor’s or subcontractor’s employees employed on the contract to the state purchasing

entity on a monthly basis for all work completed in the preceding month on a uniform form

prescribed by the director of labor and training.

     (c) The state purchasing entity, contractor, and subcontractors shall provide any and all

payroll records of labor and training within ten (10) days of their request by the director or designee.


 

 

851)

Section

Added Chapter Numbers:

 

37-26-7

232 and 233

 

 

37-26-7. Enforcement.

     (a) The director of labor and training may promulgate reasonable rules and regulations to

enforce the provisions of this chapter.

     (b) Before issuing an order or determination, the director of labor and training shall order

a hearing thereon at a time and place to be specified, and shall give notice thereof, together with a

copy of the complaint or the purpose thereof, together with a copy of the complaint or the purpose

thereof, or a statement of the facts disclosed upon investigation, which notice shall be served

personally or by mail on any person, firm, or corporation affected thereby. The person, firm, or

corporation shall have an opportunity to be heard in respect to the matters complained of at the time

and place specified in the notice, which time shall be not less than five (5) days from the service of

the notice personally or by mail. The hearing shall be held within ten (10) days from the order of

hearing. The hearing shall be conducted by the director of labor and training or his or her the

director’s designee. The hearing officer in the hearing shall have the right to issue subpoenas,

administer oaths, and examine witnesses. The enforcement of a subpoena issued under this section

shall be regulated by the Rhode Island superior court rules of civil procedure. The hearing shall be

expeditiously conducted, and upon such hearing, the hearing officer shall determine the issues

raised thereon and shall make a determination and enter an order within ten (10) days of the close

of the hearing, and forthwith serve a copy of the order, with a notice of the filing thereof, upon the

parties to the proceeding, personally or by mail. The order shall dismiss the charges or direct

payment of wages or supplements found to be due, including interest at the rate of twelve percent

(12%) per annum from the date of the underpayment to the date of payment, and may direct

payment of reasonable attorneys' fees and costs to the complaining party.

     (c) In addition to directing payment of wages or supplements including interest found to

be due, the order shall also require payment of a further sum as a civil penalty in an amount up to

three (3) times the total amount found to be due. Further, if the amount of salary owed to an

employee pursuant to this chapter but not paid to the employee in violation thereof exceeds five

thousand dollars ($5,000), it shall constitute a misdemeanor and shall be referred to the office of

the attorney general. The misdemeanor shall be punishable for a period of not more than one year

in prison and/or a fine of not more than one thousand dollars ($1,000). In assessing the amount of

the penalty, due consideration shall be given to the size of the employer's business, the good faith

of the employer, the gravity of the violation, the history of previous violations, and the failure to

comply with recordkeeping or other nonwage requirements. The surety of the person, firm, or

corporation found to be in violation of the provisions of this chapter shall be bound to pay any

penalties assessed on such person, firm, or corporation. The penalty shall be paid to the department

of labor and training for deposit in the state treasury; provided, however, it is hereby provided that

the general treasurer shall establish a dedicated "standard compensation enforcement fund" for the

purpose of depositing the penalties paid as provided herein. There is hereby appropriated to the

annual budget of the department of labor and training the amount of the fund collected annually

under this section, to be used at the direction of the director of labor and training for the sole purpose

of enforcing standard compensation as provided in this chapter.

     (d) For the purposes of this chapter, each day or part thereof in violation of any provision

of this chapter by a person, firm, or corporation, whether the violation is continuous or intermittent,

shall constitute a separate and succeeding violation.

     (e) In addition to the above, any person, firm, or corporation found in violation of any of

the provisions of this chapter by the director of labor and training or his or her the director’s

hearing officer, shall be ineligible to bid on, or be awarded work by a state purchasing entity or

perform any such work for a period of no less than eighteen (18) months and no more than thirty-

six (36) months from the date of the order entered by the hearing officer. Once a person, firm, or

corporation is found to be in violation of this chapter, all pending bids with a state purchasing entity

shall be revoked, and any bid awarded by a state purchasing entity prior to the commencement of

the work shall also be revoked.

     (f) In addition to the above, any person, firm, or corporation found to have committed two

(2) or more willful violations in any period of eighteen (18) months of any of the provisions of this

chapter by the hearing officer, which violations are not arising from the same incident, shall be

ineligible to bid on, or be awarded work by a state purchasing entity or perform any work for a

period of sixty (60) months from the date of the second violation.

     (g) The order of the hearing officer shall remain in full force and effect unless stayed by

order of the superior court.

     (h) In addition to the above, any person, firm, or corporation found to have willfully made

a false or fraudulent representation on certified payroll records shall be referred to the office of the

attorney general. A first violation of this section shall be considered a misdemeanor and shall be

punishable for a period of not more than one year in prison and/or a fine of one thousand dollars

($1,000). A second or subsequent violation of this section shall be considered a felony and shall be

punishable for a period of not more than three (3) years imprisonment, a fine of three thousand

dollars ($3,000), or both. Further, any person, firm, or corporation found to have willfully made a

false or fraudulent representation on certified payroll records shall be required to pay a civil penalty

to the department of labor and training in an amount of no less than two thousand dollars ($2,000)

and not greater than fifteen thousand dollars ($15,000) per representation.

     (i) Any effort of any employer to obstruct the director and his or her the director’s

authorized representatives in the performance of their duties shall be deemed a violation of this

chapter and punishable as such.

     (j) The director and his or her the director’s authorized representatives shall have power

to administer oaths and examine witnesses under oath, issue subpoenas, subpoenas duces tecum,

compel the attendance of witnesses, and the production of papers, books, accounts, records,

payrolls, documents, and testimony, and to take depositions and affidavits in any proceeding before

the director.

     (k) In case of failure of any person to comply with any subpoena lawfully issued, or

subpoena duces tecum, or on the refusal of any witness to testify to any matter regarding which he

or she may be lawfully interrogated, the provisions of chapter 35 of title 42 ("administrative

procedures") shall apply.

     (l) Except as otherwise provided in this chapter, any employer who shall violate or fail to

comply with any of the provisions of this chapter shall be guilty of a misdemeanor and shall be

punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars

($1,000) for each separate offense, or by imprisonment of up to one year, or by both fine and

imprisonment. Each day of failure to pay wages due an employee at the time specified in this

chapter shall constitute a separate and distinct violation.

     (m) The director is hereby empowered to enforce his or her the director’s decision in the

superior court for the county of Providence.


 

 

 

852)

Section

Added Chapter Numbers:

 

37-26-8

232 and 233

 

 

37-26-8. Private right of action.

     (a) An employee or former employee, or any organization representing such an employee

or former employee, of a contractor or subcontractor may bring a civil action for a violation of §

37-25-3 37-26-3 for appropriate injunctive relief including reinstatement, or actual damages, or

both within three (3) years after the occurrence of the alleged violation. An action commenced

pursuant to this section may be brought in the superior court for the county where the alleged

violation occurred, the county where the complainant resides, or the county where the person

against whom in the civil complaint is filed resides or has their principal place of business. Any

contractor or subcontractor who or that violates the provisions of § 37-25-3 37-26-3 shall be liable

to the affected employee or employees in the amount of back pay or unpaid wages or benefits, plus

interest. A civil action filed in court under this section may be instituted instead of, but not in

addition to the director of labor and training enforcement procedures authorized by this chapter,

provided the civil action is filed prior to the date the director of labor and training issues notice of

an administrative hearing.

     (b) An action instituted pursuant to this section may be brought by one or more employees

or former employees on behalf of himself/herself or themselves the employee(s) or former

employee(s) and other employees similarly situated or by any person, including any organization,

alleging violations, except that no employee shall be a party plaintiff to any such action unless

he/she the employee gives his/her consent in writing to become such a party and such consent is

filed in the court in which such action is brought.

     (c) In an action filed under this section in which the plaintiff prevails, the court shall, in

addition to any judgment awarded to the plaintiff, require reasonable attorneys' fees and the costs

of the action to be paid by the defendant.

     (d) The court in an action filed under this section shall award affected employees or former

employees liquidated damages in an amount equal to two (2) times the amount of unpaid wages or

benefits owed. Unpaid fringe benefit contributions owed pursuant to this section in any form shall

be paid to the appropriate benefit fund; however, in the absence of an appropriate fund, the benefit

shall be paid directly to the individual.

     (e) The filing of a civil action under this section shall not preclude the director of labor and

training from referring a matter to the attorney general as provided § 37-25-7 37-26-7(c), from

prohibiting a contractor or subcontractor from bidding on or otherwise participating in contracts as

provided in § 37-25-7 37-26-7(e), (f) and (i), or from prohibiting termination of work on failure to

pay agreed wages pursuant to § 37-25-3 37-26-3(c).

     (f) Any person, firm, or corporation found to have willfully made a false or fraudulent

representation in connection with wage obligations owed on a contract shall be required to pay a

civil penalty to the department of labor and training in an amount of no less than one thousand

dollars ($1,000) and not greater than three thousand dollars ($3,000) per representation. Such

penalties shall be recoverable in civil actions filed pursuant to this section. For purposes of this

subsection "willfully" shall mean representations that are known to be false, or representations

made with deliberate ignorance or reckless disregard for their truth or falsity.


 

 

 

 

853)

Section

Added Chapter Numbers:

 

37-26-9

232 and 233

 

 

37-26-9. Retaliation.

     (a) An employer shall not discharge, threaten, or otherwise discriminate against an

employee, or former employee, regarding compensation terms, conditions, locations, or privileges

of employment because the employee or former employee, or a person or organization acting on

his or her the employee’s behalf:

     (1) Reports or makes a complaint under this section, or otherwise asserts his or her the

employee’s rights under this section; or

     (2) Participates in any investigation, hearing, or inquiry held by the director of labor and

training under §§ 37-25-7 37-26-7 or 37-25-8 37-26-8, or upon a review of an investigation under

this section, or for participating in a private right of action brought under this chapter. In the event

a contractor or subcontractor retaliates or discriminates against an employee in violation of this

section, the affected employee may file an action in any court of competent jurisdiction and the

court shall order reinstatement and/or restitution of the affected employee, as appropriate, with back

pay to the date of the violation, and an additional amount in liquidated damages equal to two (2)

times the amount of back pay and reasonable attorneys' fees and costs.

     (b) As used in this section, to discharge, threaten, or otherwise discriminate against any

employee includes threatening to contact or contacting United States immigration authorities or

otherwise threatening to report an employee's suspected citizenship or immigration status or the

suspected citizenship or immigration status of an employee's family or household to United States

immigration authorities.


 

 

 

854)

Section

Added Chapter Numbers:

 

37-26-10

232 and 233

 

 

37-26-10. Contractor liability.

     (a) A contractor shall be liable for any debt resulting from an action under this chapter,

owed to an employee or third party on the wage claimant's behalf, incurred by a subcontractor at

any tier acting under, by, or for the contractor or its subcontractors for the employee's performance

of labor. The provisions of this section shall not be deemed to limit the liability of a subcontractor

under any other provision of law.

     (b) No agreement or release by an employee or subcontractor to waive liability assigned to

a contractor under this section shall be valid. The provisions of this section shall not be deemed to

impair the rights of a contractor to maintain an action against a subcontractor for owed wages that

are paid by a contractor pursuant to this section.

     (c) Notwithstanding any other provision of law, the remedies available for a claim pursuant

to subsection (a) of this section shall only be civil and administrative actions.

     (d) In the case of a private civil action by an employee, such employee may designate any

person, organization, or collective bargaining agent authorized to file a complaint on his or her the

employee’s behalf pursuant to § 37-25-8 37-26-8, to make a wage claim on his or her the

employee’s behalf.

     (e) In the case of an action against a subcontractor, the contractor shall be considered jointly

and severally liable for any unpaid wages benefits, wage supplements, penalties, liquidated

damages, attorneys' fees, and any other costs resulting from such action.

     (f) Nothing herein shall preclude the attorney general from bringing a civil action to collect

unpaid wages and penalties on behalf of employees pursuant to this section.

     (g) Before bringing a civil action pursuant to this section, an employee, or third party on

such employee's behalf, shall give the contractor notice of the alleged violation. The notice need

only describe the general nature of the claim and shall not limit the liability of the contractor or

preclude subsequent amendments of an action to encompass additional employees employed by the

subcontractor. An employee, or third party on such employee's behalf, may not bring a civil action

until ten (10) business days after giving the contractor notice of the alleged violation and may not

bring a civil action if the contractor corrects the alleged violation. An employee, or third party on

such employee's behalf, is not required to give notice to a contractor pursuant to this subsection

before bringing a civil action pursuant to this section if any employee, or third party on any

employee's behalf, previously has given notice to such contractor of the same alleged violation or

a prior alleged violation by the same subcontractor.


 

 

 

855)

Section

Added Chapter Numbers:

 

37-26-11

232 and 233

 

 

37-26-11. Severability.

     If any section or provision or the application of the section or provision of this chapter to

any person or circumstances shall be held invalid, the validity of the remainder of the sections and

the applicability of the sections or provisions to other persons or circumstances shall not be

affected.


 

 

 

856)

Section

Amended Chapter Numbers:

 

38-2-2

418 and 419

 

 

38-2-2. Definitions.

     As used in this chapter:

     (1) "Agency" or "public body" means any executive, legislative, judicial, regulatory, or

administrative body of the state, or any political subdivision thereof; including, but not limited to:

any department, division, agency, commission, board, office, bureau, authority; any school, fire, or

water district, or other agency of Rhode Island state or local government that exercises

governmental functions; any authority as defined in § 42-35-1(b); or any other public or private

agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of

any public agency.

     (2) "Chief administrative officer" means the highest authority of the public body.

     (3) "Public business" means any matter over which the public body has supervision,

control, jurisdiction, or advisory power.

     (4) "Public record" or "public records" shall mean all documents, papers, letters, maps,

books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data

processing records, computer stored data (including electronic mail messages, except specifically

for any electronic mail messages of or to elected officials with or relating to those they represent

and correspondence of or to elected officials in their official capacities), or other material regardless

of physical form or characteristics made or received pursuant to law or ordinance or in connection

with the transaction of official business by any agency. For the purposes of this chapter, the

following records shall not be deemed public:

     (A)(I)(a) All records relating to a client/attorney relationship and to a doctor/patient

relationship, including all medical information relating to an individual in any files.

     (b) Personnel and other personal individually identifiable records otherwise deemed

confidential by federal or state law or regulation, or the disclosure of which would constitute a

clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. § 552 et seq.; provided,

however, with respect to employees, and employees of contractors and subcontractors working on

public works projects that are required to be listed as certified payrolls, the name, gross salary,

salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other

remuneration in addition to salary, job title, job description, dates of employment and positions

held with the state, municipality, or public works contractor or subcontractor on public works

projects, employment contract, work location, and/or project, business telephone number, the city

or town of residence, and date of termination shall be public. For the purposes of this section

"remuneration" shall include any payments received by an employee as a result of termination, or

otherwise leaving employment, including, but not limited to, payments for accrued sick and/or

vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision. For

purposes of this section, the city or town residence shall not be deemed public for peace officers,

as defined in § 12-7-21, and shall not be released.

     (II) Notwithstanding the provisions of this section, or any other provision of the general

laws to the contrary, the pension records of all persons who are either current or retired members

of any public retirement systems, as well as all persons who become members of those retirement

systems after June 17, 1991, shall be open for public inspection. "Pension records" as used in this

section, shall include all records containing information concerning pension and retirement benefits

of current and retired members of the retirement systems and future members of said systems,

including all records concerning retirement credits purchased and the ability of any member of the

retirement system to purchase retirement credits, but excluding all information regarding the

medical condition of any person and all information identifying the member's designated

beneficiary or beneficiaries unless and until the member's designated beneficiary or beneficiaries

have received or are receiving pension and/or retirement benefits through the retirement system.

     (B) Trade secrets and commercial or financial information obtained from a person, firm,

or corporation that is of a privileged or confidential nature.

     (C) Child custody and adoption records, records of illegitimate births, and records of

juvenile proceedings before the family court.

     (D) All records maintained by law enforcement agencies for criminal law enforcement and

all records relating to the detection and investigation of crime, including those maintained on any

individual or compiled in the course of a criminal investigation by any law enforcement agency.

Provided, however, such records shall not be deemed public only to the extent that the disclosure

of the records or information (a) Could reasonably be expected to interfere with investigations of

criminal activity or with enforcement proceedings; (b) Would deprive a person of a right to a fair

trial or an impartial adjudication; (c) Could reasonably be expected to constitute an unwarranted

invasion of personal privacy; (d) Could reasonably be expected to disclose the identity of a

confidential source, including a state, local, or foreign agency or authority, or any private institution

that furnished information on a confidential basis, or the information furnished by a confidential

source; (e) Would disclose techniques and procedures for law enforcement investigations or

prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions; or

(f) Could reasonably be expected to endanger the life or physical safety of any individual. Records

relating to management and direction of a law enforcement agency and records or reports reflecting

the initial arrest of an adult and the charge or charges brought against an adult shall be public.

     (E) Any records that would not be available by law or rule of court to an opposing party in

litigation.

     (F) Scientific and technological secrets and the security plans of military and law

enforcement agencies, the disclosure of which would endanger the public welfare and security.

     (G) Any records that disclose the identity of the contributor of a bona fide and lawful

charitable contribution to the public body whenever public anonymity has been requested of the

public body with respect to the contribution by the contributor.

     (H) Reports and statements of strategy or negotiation involving labor negotiations or

collective bargaining.

     (I) Reports and statements of strategy or negotiation with respect to the investment or

borrowing of public funds, until such time as those transactions are entered into.

     (J) Any minutes of a meeting of a public body that are not required to be disclosed pursuant

to chapter 46 of title 42.

     (K) Preliminary drafts, notes, impressions, memoranda, working papers, and work

products, including those involving research at state institutions of higher education on commercial,

scientific, artistic, technical, or scholarly issues, whether in electronic or other format; provided,

however, any documents submitted at a public meeting of a public body shall be deemed public.

     (L) Test questions, scoring keys, and other examination data used to administer a licensing

examination, examination for employment or promotion, or academic examinations; provided,

however, that a person shall have the right to review the results of his or her examination.

     (M) Correspondence of or to elected officials with or relating to those they represent and

correspondence of or to elected officials in their official capacities.

     (N) The contents of real estate appraisals, engineering, or feasibility estimates and

evaluations made for or by an agency relative to the acquisition of property or to prospective public

supply and construction contracts, until such time as all of the property has been acquired or all

proceedings or transactions have been terminated or abandoned; provided the law of eminent

domain shall not be affected by this provision.

     (O) All tax returns.

     (P) All investigatory records of public bodies, with the exception of law enforcement

agencies, pertaining to possible violations of statute, rule, or regulation other than records of final

actions taken, provided that all records prior to formal notification of violations or noncompliance

shall not be deemed to be public.

     (Q) Records of individual test scores on professional certification and licensing

examinations; provided, however, that a person shall have the right to review the results of his or

her examination.

     (R) Requests for advisory opinions until such time as the public body issues its opinion.

     (S) Records, reports, opinions, information, and statements required to be kept confidential

by federal law or regulation or state law or rule of court.

     (T) Judicial bodies are included in the definition only in respect to their administrative

function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt

from the operation of this chapter.

     (U) Library records that, by themselves or when examined with other public records, would

reveal the identity of the library user requesting, checking out, or using any library materials.

     (V) Printouts from TELE -- TEXT devices used by people who are deaf or hard of hearing

or speech impaired.

     (W) All records received by the insurance division of the department of business regulation

from other states, either directly or through the National Association of Insurance Commissioners,

if those records are accorded confidential treatment in that state. Nothing contained in this title or

any other provision of law shall prevent or be construed as prohibiting the commissioner of

insurance from disclosing otherwise confidential information to the insurance department of this

or any other state or country, at any time, so long as the agency or office receiving the records

agrees in writing to hold it confidential in a manner consistent with the laws of this state.

     (X) Credit card account numbers in the possession of state or local government are

confidential and shall not be deemed public records.

     (Y) Any documentary material, answers to written interrogatories, or oral testimony

provided under any subpoena issued under § 9-1.1-6.

     (Z) Any individually identifiable evaluations of public school employees made pursuant to

state or federal law or regulation.

     (AA) All documents prepared by school districts intended to be used by school districts in

protecting the safety of their students from potential and actual threats.

     (BB) The list of teachers terminated for good and just cause maintained by the department

of education pursuant to § 16-13-9.


 

 

857)

Section

Amended Chapter Numbers:

 

39-26-4

218 and 226

 

 

39-26-4. Renewable energy standard.

     (a) Starting in compliance year 2007, all obligated entities shall obtain at least three percent

(3%) of the electricity they sell at retail to Rhode Island end-use customers, adjusted for electric

line losses, from eligible renewable energy resources, escalating, according to the following

schedule:

     (1) At least three percent (3%) of retail electricity sales in compliance year 2007;

     (2) An additional one-half of one percent (0.5%) of retail electricity sales in each of the

following compliance years 2008, 2009, 2010;

     (3) An additional one percent (1%) of retail electricity sales in each of the following

compliance years 2011, 2012, 2013, 2014, provided that the commission has determined the

adequacy, or potential adequacy, of renewable energy supplies to meet these percentage

requirements;

     (4) An additional one and one-half percent (1.5%) of retail electricity sales in each of the

following compliance years 2015, 2016, 2017, 2018, and 2019, 2020, 2021, and 2022 and each

year thereafter until 2035, provided that the commission has determined the adequacy, pursuant to

§ 39-26-6, of renewable energy supplies to meet these percentage requirements.;

     (5) [Deleted by P.L. 2016, ch. 144, § 1 and P.L. 2016, ch. 155, § 1.]

     (6) An additional four percent (4%) of retail electricity sales in 2023;

     (7) An additional five percent (5%) of retail electricity sales in 2024;

     (8) An additional six percent (6%) of retail electricity sales in 2025;

     (9) An additional seven percent (7%) of retail electricity sales in 2026, and 2027;

     (10) An additional seven and one-half percent (7.5%) of retail electricity sales in 2028;

     (11) An additional eight percent (8%) of retail electricity sales in 2029;

     (12) An additional eight and one-half percent (8.5%) of retail electricity sales in 2030;

     (13) An additional nine percent (9%) of retail electricity sales in 2031; and

     (14) An additional nine and one-half percent (9.5%) of retail electricity sales in 2032 and

2033 to achieve the goal that one hundred percent (100%) of Rhode Island's electricity demand is

from renewable energy by 2033 and each year thereafter.

     (b) For each obligated entity and in each compliance year, the amount of retail electricity

sales used to meet obligations under this statute that are derived from existing renewable energy

resources shall not exceed two percent (2%) of total retail electricity sales.

     (c) The minimum renewable energy percentages set forth in subsection (a) shall be met for

each electrical energy product offered to end-use customers, in a manner that ensures that the

amount of renewable energy of end-use customers voluntarily purchasing renewable energy is not

counted toward meeting such percentages. Notwithstanding the foregoing, municipalities engaged

in aggregation pursuant to § 39-3-1.2 may include in their aggregation plan terms that would allow

voluntary renewable energy products to be counted toward meeting such percentages. In 2024, the

commission, with input from the office of energy resources, division of public utilities and carriers,

obligated entities, other market participants, and the public, shall assess the impact of allowing

voluntary renewable energy purchases to be counted toward meeting the annual percentages. The

commission shall submit a report of its findings and recommendations to the governor, speaker of

the house, and senate president no later than September 1, 2024.

     (d) To the extent consistent with the requirements of this chapter, compliance with the

renewable energy standard may be demonstrated through procurement of NE-GIS certificates

relating to generating units certified by the commission as using eligible renewable energy sources,

as evidenced by reports issued by the NE-GIS administrator. Procurement of NE-GIS certificates

from off-grid and customer-sited generation facilities, if located in Rhode Island and verified by

the commission as eligible renewable energy resources, may also be used to demonstrate

compliance. With the exception of contracts for generation supply entered into prior to 2002, initial

title to NE-GIS certificates from off-grid and customer-sited generation facilities and from all other

eligible renewable energy resources, shall accrue to the owner of such a generation facility, unless

such title has been explicitly deemed transferred pursuant to contract or regulatory order.

     (e) In lieu of providing NE-GIS certificates pursuant to subsection (d) of this section, an

obligated entity may also discharge all or any portion of its compliance obligations by making an

alternative compliance payment to the renewable energy development fund established pursuant to

§ 39-26-7.

     (f) Retail electricity sales pursuant to a non-regulated nonregulated power producer's

supply contract that was executed prior to July 1, 2022, shall be required to obtain an additional

one and one-half percent (1.5%) of retail electricity sales each year and are exempted from the

requirements of subsections (a)(6) through (a)(14) of this section until the end date of the term of

the non-regulated power producer's supply contract.


 

 

 

858)

Section

Amended Chapter Numbers:

 

39-26-6

218 and 226

 

 

39-26-6. Duties of the commission.

     (a) The commission shall:

     (1) Develop and adopt regulations on or before December 31, 2005, for implementing a

renewable energy standard, which regulations shall include, but be limited to, provisions for:

     (i) Verifying the eligibility of renewable energy generators and the production of energy

from such generators, including requirements to notify the commission in the event of a change in

a generator's eligibility status.;

     (ii) Standards for contracts and procurement plans for renewable energy resources to

achieve the purposes of this chapter.;

     (iii) Flexibility mechanisms for the purposes of easing compliance burdens; facilitating

bringing new renewable resources on-line; and avoiding and/or mitigating conflicts with state-level

source disclosure requirements and green marketing claims throughout the region; which flexibility

mechanisms shall allow obligated entities to: (A) Demonstrate compliance over a compliance year;

and (B) Bank excess compliance for two (2) subsequent compliance years, capped at thirty percent

(30%) of the current year's obligation; and (C) Allow renewable energy generated during 2006 to

be banked by an obligated entity as early compliance, usable towards meeting an obligated entity's

2007 requirement. Generation used for early compliance must result in the retirement of NE-GIS

certificates in a reserved certificate account designated for such purposes.

     (iv) Annual compliance filings to be made by all obligated entities within one month after

NE-GIS reports are available for the fourth (4th) quarter of each calendar year. All electric-utility-

distribution companies shall cooperate with the commission in providing data necessary to assess

the magnitude of obligation and verify the compliance of all obligated entities.

     (2) Authorize rate recovery by electric-utility-distribution companies of all prudent

incremental costs arising from the implementation of this chapter, including, without limitation:

the purchase of NE-GIS certificates; the payment of alternative compliance payments; required

payments to support the NE-GIS; assessments made pursuant to § 39-26-7(c); and the incremental

costs of complying with energy source disclosure requirements.

     (3) Certify eligible renewable energy resources by issuing statements of qualification

within ninety (90) days of application. The commission shall provide prospective reviews for

applicants seeking to determine whether a facility would be eligible.

     (4) Determine, on or before January 1, 2019, and every fifth year thereafter, the adequacy

of renewable energy supplies to meet the increase in the percentage requirement of energy from

renewable energy resources to go into effect the following year. In the event that the commission

determines an inadequacy of supplies for scheduled percentage increases, the commission shall

delay all or a part of the implementation of the scheduled percentage increase, until such time that

the commission determines that the supplies are adequate to achieve the purposes of this chapter.

     (5) Establish sanctions for those obligated entities that, after investigation, have been found

to fail to reasonably comply with the commission's regulations. No sanction or penalty shall relieve

or diminish an obligated entity from liability for fulfilling any shortfall in its compliance obligation;

provided, however, that no sanction shall be imposed if compliance is achieved through alternative

compliance payments. The commission may suspend or revoke the certification of generation units,

certified in accordance with subsection (a)(3) above of this section, that are found to provide false

information or that fail to notify the commission in the event of a change in eligibility status or

otherwise comply with its rules. Financial penalties resulting from sanctions from obligated entities

shall not be recoverable in rates.

     (6) Report, by February 15, 2006, and by February 15 each year thereafter, to the governor,

the speaker of the house, and the president of the senate on the status of the implementation of the

renewable energy standards in Rhode Island and other states, and which report shall include in

2009, and each year thereafter, the level of use of renewable energy certificates by eligible

renewable energy resources and the portion of renewable energy standards met through alternative

compliance payments, and the amount of rate increases authorized pursuant to subsection (a)(2) of

this section.

     (b) Consistent with the public policy objective of developing renewable generation as an

option in Rhode Island, and subject to the review and approval of the commission, the electric

distribution company is authorized to propose and implement pilot programs to own and operate

no more than fifteen megawatts (15 MW) of renewable-generation demonstration projects in Rhode

Island and may include the costs and benefits in rates to distribution customers. At least two (2)

demonstration projects shall include renewable generation installed at, or in the vicinity of

nonprofit, affordable-housing projects where energy savings benefits are provided to reduce

electric bills of the customers at the nonprofit, affordable-housing projects. Any renewable-

generation proposals shall be subject to the review and approval of the commission. The

commission shall annually make an adjustment to the minimum amounts required under the

renewable energy standard under this chapter in an amount equal to the kilowatt hours generated

by such units owned by the electric distribution company. The electric and gas distribution

company shall also be authorized to propose and implement smart-metering and smart-grid

demonstration projects in Rhode Island, subject to the review and approval of the commission, in

order to determine the effectiveness of such new technologies for reducing and managing energy

consumption, and may include the costs of such demonstration projects in distribution rates to

electric customers to the extent the project pertains to electricity usage and in distribution rates to

gas customers to the extent the project pertains to gas usage.


 

 

 

859)

Section

Amended Chapter Numbers:

 

39-26.1-4

372 and 373

 

 

39-26.1-4. Financial remuneration and incentives.

     In order to achieve the purposes of this chapter, electric distribution companies shall be

entitled to financial remuneration and incentives for long-term contracts for newly developed

renewable energy resources, which are over and above the base rate revenue requirement

established in its cost of service for distribution ratemaking. Such remuneration and incentives shall

compensate the electric distribution company for accepting the financial obligation of the long-

term contracts. The financial remuneration and incentives described in this section shall apply only

to long-term contracts for newly developed renewable energy resources. For long-term contracts

approved pursuant to this chapter before January 1, 2022, the The financial remuneration and

incentives shall be in the form of annual compensation, equal to two and three quarters percent

(2.75%) of the actual annual payments made under the contracts for those projects that are

commercially operating, unless determined otherwise by the commission at the time of approval.

For long-term contracts approved pursuant to this chapter on or after January 1, 2022, including

contracts above the minimum long-term contract capacity, the financial remuneration and

incentives shall be in the form of annual compensation up to one percent (1.0%) of the actual annual

payments made under the contracts through December 31, 2026, for those projects that are

commercially operating. For all long-term contracts approved pursuant to this chapter on or after

January 1, 2027, financial remuneration and incentives shall not be applied, unless otherwise

granted by the commission. For any calendar year in which the electric distribution company’s

actual return on equity exceeds the return on equity allowed by the commission in the electric

distribution company’s last general rate case, the commission shall have the authority to adjust any

or all remuneration paid to the electric distribution company pursuant to this section in order to

assure that such remuneration does not result in or contribute toward the electric distribution

company earning above its allowed return for such calendar year.


 

 

 

860)

Section

Added Chapter Numbers:

 

39-26.8

255 and 256

 

 

CHAPTER 26.8

RESIDENTIAL SOLAR ENERGY DISCLOSURE AND HOMEOWNERS BILL OF RIGHTS

ACT


 

 

 

861)

Section

Added Chapter Numbers:

 

39-26.8-1

255 and 256

 

 

39-26.8-1. Short Title.

     This chapter shall be known and may be cited as the "Residential Solar Energy Disclosure

and Homeowners Bill of Rights Act."


 

 

862)

Section

Added Chapter Numbers:

 

39-26.8-2

255 and 256

 

 

39-26.8-2. Definitions.

     As used in this chapter:

     (1) "Customer" means a person who, for primarily personal, family, or household purposes:

     (i) Purchases a residential solar energy system under a system purchase agreement;

     (ii) Leases a residential solar energy system under a system lease agreement; or

     (iii) Purchases electricity under a power purchase agreement.

     (2) "Division" means the division of public utilities and carriers.

     (3) "Power purchase agreement" means an agreement:

     (i) Between a customer and a solar retailer;

     (ii) For the customer's purchase of electricity generated by a residential solar energy system

owned by the solar retailer; and

     (iii) That provides for the customer to make payments over a term of at least five (5) years.

     (4) "Residential solar energy system" means:(i) A a solar energy system that:

     (A) (i) Is installed in the state;

     (B) (ii) Generates electricity primarily for on-site consumption for personal, family, or

household purposes;

     (C) (iii) Is situated on no more than four (4) units of residential real property;

     (D) (iv) Has an electricity delivery capacity that exceeds one kilowatt; and

     (E) (v) Does not include a generator that:

     (I) (A) Produces electricity; and

     (II) (B) Is intended for occasional use.

     (5) "Solar agreement" means a system purchase agreement, a system lease agreement, or a

power purchase agreement.

     (6) "Solar energy system" means a system or configuration of solar energy devices that

collects and uses solar energy to generate electricity.

     (7) "Solar retailer" means a person who:

     (i) Sells or proposes to sell a residential solar energy system to a customer under a system

purchase agreement;

     (ii) Owns the residential solar energy system that is the subject of a system lease agreement

or proposed system lease agreement; or

     (iii) Sells or proposes to sell electricity to a customer under a power purchase agreement.

     (8) "System lease agreement" means an agreement:

     (i) Under which a customer leases a residential solar energy system from a solar retailer;

and

     (ii) That provides for the customer to make payments over a term of at least five (5) years

for the lease of the residential solar energy system.

     (9) "System purchase agreement" means an agreement under which a customer purchases

a residential solar energy system from a solar retailer.


 

 

 

863)

Section

Added Chapter Numbers:

 

39-26.8-3

255 and 256

 

 

39-26.8-3. Applicability of chapter.

     (a) This chapter applies to solar agreements between solar retailers and customers for

residential solar energy systems, including any solar agreement that accompanies the transfer of

ownership or lease of real property.

     (b) This chapter does not apply to:

     (1) The transfer of title or rental of real property on which a residential solar energy system

is or is expected to be located, if the presence of the residential solar energy system is incidental to

the transfer of title or rental;

     (2) A lender, governmental entity, or other third party that enters into an agreement with a

customer to finance a residential solar energy system but is not a party to a system purchase

agreement, power purchase agreement, or lease agreement;

     (3) A sale or lease of, or the purchase of electricity from, a solar energy system that is not

a residential solar energy system; or

     (4) The lease of a residential solar energy system or the purchase of power from a

residential solar energy system under an agreement providing for payments over a term of less than

five (5) years.


 

 

 

 

 

864)

Section

Added Chapter Numbers:

 

39-26.8-4

255 and 256

 

 

39-26.8-4. Disclosure form required.

     (a) Before entering a solar agreement, a solar retailer shall provide to a potential customer

the standard disclosure form established pursuant to subsection (b) of this section. This requirement

shall apply to contracts entered into beginning forty-five (45) days from the date that the standard

disclosure form is published by the office of energy resources.

     (b) The office of energy resources shall develop a standard disclosure form. Use of and

compliance with the standard disclosure form will satisfy the solar retailer’s obligation under this

chapter. The standard disclosure form shall be published on the website of the office of energy

resources. In developing the standard disclosure form, the office of energy resources may use as a

model the renewable energy fund small scale participant consumer disclosure form developed by

the Rhode Island commerce corporation. The office of energy resources shall also consult with

industry and other stakeholders in the development of the content and format of the form and in

regard to any changes to the form. At a minimum, the disclosure form shall:

     (1) Be in at least twelve (12) point font;

     (2) Contain fields that require providing the following information:

     (i) The name, address, telephone number, and any email address of the potential customer;

     (ii) The name, address, telephone number, and email address of the solar retailer; and

     (iii) (A) The name, address, telephone number, email address, and state contractor license

number of the person who is expected to install the system that is the subject of the solar agreement;

and

     (B) If the solar retailer selected the person who is expected to provide operations or

maintenance support to the potential customer or introduced that person to the potential customer,

the name, address, telephone number, email address, and state contractor license of the operations

or maintenance support person; and

     (3) Include applicable information and disclosures as provided in §§ 39-28.6-5 39-26.6-5,

39-28.6-6 39-26.6-639-28.6-7 39-26.6-7, and 39-28.6-8 39-26.6-8.


 

 

 

865)

Section

Added Chapter Numbers:

 

39-26.8-5

255 and 256

 

 

39-26.8-5. Contents of disclosure form for any solar agreement.

     (a) The standard disclosure form shall include:

     (1) An indication of whether operations or maintenance services are included as part of the

solar agreement;

     (2) If the solar retailer provides any written estimate of the savings the potential customer

is projected to realize from the system based on similar installations that have the same geographic

orientation in similar climates, the solar retailer must complete fields requiring entry of the

following information:

     (i) The estimated projected savings over the life of the solar agreement; and

     (ii) An optional field for the estimated projected savings over any longer period not to

exceed the anticipated useful life of the system; and

     (3) Fields to disclose material assumptions used to calculate estimated projected savings

and the source of those assumptions, including:

     (i) If an annual electricity rate increase is assumed, the rate of the increase and the solar

retailer's basis for the assumption of the rate increase;

     (ii) The potential customer's eligibility for or receipt of tax credits or other governmental

or utility incentives;

     (iii) System production data, including production degradation;

     (iv) The system's eligibility for interconnection under any net metering or similar program;

     (v) Electrical usage and the system's designed offset of the electrical usage;

     (vi) Historical utility costs paid by the potential customer;

     (vii) Any rate escalation affecting a payment between the potential customer and the solar

retailer; and

     (viii) A field to indicate whether costs of replacing equipment were assumed. If such costs

were assumed, the form shall require a field for listing the costs associated with replacing

equipment making up part of the system applicable.

     (b) The standard disclosure form shall include the following disclosures and notices:

     (1)Two (2) separate statements in capital letters in close proximity to any written estimate

of projected savings:

     (i) "THIS IS AN ESTIMATE. UTILITY RATES MAY GO UP OR DOWN AND

ACTUAL SAVINGS, IF ANY, MAY VARY. HISTORICAL DATA ARE NOT NECESSARILY

REPRESENTATIVE OF FUTURE RESULTS. FOR FURTHER INFORMATION REGARDING

RATES, CONTACT YOUR LOCAL UTILITY OR THE STATE PUBLIC UTILITY

COMMISSION"; and

     (ii) "TAX AND OTHER FEDERAL, STATE, AND LOCAL INCENTIVES VARY AS

TO REFUNDABILITY AND ARE SUBJECT TO CHANGE OR TERMINATION BY

LEGISLATIVE OR REGULATORY ACTION, WHICH MAY IMPACT SAVINGS

ESTIMATES. CONSULT A TAX PROFESSIONAL FOR MORE INFORMATION."

     (2) A notice that: "Legislative or regulatory action may affect or eliminate your ability to

sell or get credit for any excess power generated by the system, and may affect the price or value

of that power."

     (c) The standard disclosure form shall include fields requiring entry of the following

information:

     (1) A statement describing the system and indicating the system design assumptions,

including the make and model of the solar panels and inverters, system size, positioning of the

panels on the customer's property, estimated first-year energy production, and estimated annual

energy production degradation, including the overall percentage degradation over the term of the

solar agreement or, at the solar retailer's option, over the estimated useful life of the system;

     (2) A description of any warranty, representation, or guarantee of energy production of the

system; and

     (3) The approximate start and completion dates for the installation of the system.

     (d) The standard disclosure form shall require an indication of whether any warranty or

maintenance obligations related to the system may be transferred by the solar retailer to a third

party.

     (e) The standard disclosure form shall require the following disclosure: "If this form

indicates that the warranty or maintenance obligation may be transferred, then be advised - The

maintenance and repair obligations under your contract may be assigned or transferred without

your consent to a third party who will be bound to all the terms of the contract. If a transfer occurs,

you will be notified of any change to the address, email address, or phone number to use for

questions or payments or to request system maintenance or repair."

     (f) The standard disclosure form shall require an indication of whether the solar retailer

will obtain customer approval to connect the system to the customer's utility. If indicated that the

retailer will not obtain said approval, there shall be an additional field requiring a description of

what the customer must do to interconnect the system to the utility.

     (g) The standard disclosure form shall require an indication of whether the solar retailer

provides any warranties. If indicated that the retailer does provide warranties, there shall be an

additional field requiring a description of any roof penetration warranty or other warranty that the

solar retailer provides the customer.

     (h) The standard disclosure form shall require the solar retailer to indicate whether the solar

retailer will make a fixture filing or other notice in the city or town real property records covering

the system, including a Notice of Independently-Owned Solar Energy System. If indicated that the

retailer will make the fixture filing, there shall be an additional field requiring a description of any

fees or other costs associated with the filing that may be charged to the customer.

     (i) The standard disclosure form shall include the following statement in capital letters that:

"NO EMPLOYEE OR REPRESENTATIVE OF [name of solar retailer] IS AUTHORIZED TO

MAKE ANY PROMISE TO YOU THAT IS NOT CONTAINED IN THIS DISCLOSURE FORM

CONCERNING COST SAVINGS, TAX BENEFITS, OR GOVERNMENT OR UTILITY

INCENTIVES. YOU SHOULD NOT RELY UPON ANY PROMISE OR ESTIMATE THAT IS

NOT INCLUDED IN THIS DISCLOSURE FORM."

     (j) The standard disclosure form shall include the following statement in capital letters:

"[name of solar retailer] IS NOT AFFILIATED WITH ANY UTILITY COMPANY OR

GOVERNMENT AGENCY. NO EMPLOYEE OR REPRESENTATIVE OF [name of solar

retailer] IS AUTHORIZED TO CLAIM AFFILIATION WITH A UTILITY COMPANY OR

GOVERNMENT AGENCY."

     (k) The standard disclosure form shall include a statement that if the customer fails to make

installment payments, the solar retailer may place liens for payment on their residence effective

only after written notice is provided to the customer.

     (l) The office of energy resources may require any additional information and disclosures

deemed necessary to inform and protect customers.

     (m) The written disclosure form requirement may be satisfied by the electronic delivery of

the disclosure form to the potential customer as long as the required disclosures are displayed in a

clear and conspicuous manner.


 

 

866)

Section

Added Chapter Numbers:

 

39-26.8-6

255 and 256

 

 

39-26.8-6. Standard from form addendum for system lease agreement.

     The standard disclosure form shall include an addendum that applies if a solar retailer is

proposing to enter into a system purchase lease agreement with a potential customer. The system

lease addendum shall require the solar retailer to provide a detailed comparison of the cost of

leasing the system as compared to purchasing the system.


 

 

867)

Section

Added Chapter Numbers:

 

39-26.8-7

255 and 256

 

 

39-26.8-7. Standard form addendum for system purchase agreement.

     (a) The standard disclosure form shall include an addendum that applies if a solar retailer

is proposing to enter into a system purchase agreement with a potential customer. The system

purchase addendum shall include:

     (1) The following statement: "You are entering into an agreement to purchase an energy

generation system. You will own the system installed on your property. You may be entitled to

federal tax credits because of the purchase. You should consult your tax advisor";

     (2) A field for the price quoted to the potential customer for a cash purchase of the system;

     (3) Fields requiring:

     (i) The schedule of required and anticipated payments from the customer to the solar

retailer and third parties over the term of the system purchase agreement, including application

fees, up-front charges, down payment, scheduled payments under the system purchase agreement,

payments at the end of the term of the system purchase agreement, payments for any operations or

maintenance contract offered by or through the solar retailer in connection with the system purchase

agreement, and payments for replacement of system components likely to require replacement

before the end of the useful life of the system as a whole; and the total of all payments referred to

in this subsection;

     (4) A statement indicating that the cost of insuring the system is not included within the

schedule of payments under subsection (a)(3) of this section;

     (5) A field to indicate whether the customer is responsible for insurance coverage. The

field shall be accompanied by the statement: "If so indicated above, you are responsible for

obtaining insurance coverage for any loss or damage to the system. You should consult an insurance

professional to understand how to protect against the risk of loss or damage to the system. You

should also consult your home insurer about the potential impact of installing a system.";

     (6) Fields requiring information about whether the system may be transferred to a purchaser

of the home or real property where the system is located and any conditions for a transfer; and

     (7) A field requiring a detailed comparison of the costs of purchasing as compared to

leasing the system.


 

 

868)

Section

Added Chapter Numbers:

 

39-26.8-8

255 and 256

 

 

39-26.8-8. Standard form addendum for power purchase agreement.

     (a) The standard disclosure form shall include an addendum that applies if a solar retailer

is proposing to enter into a power purchase agreement with a potential customer. The power

purchase addendum shall include:

     (1) The following statement: "You are entering into an agreement to purchase power from

an energy generation system. You will not own the system installed on your property. You will not

be entitled to any federal tax credit associated with the purchase.";

     (2) Fields requiring information about whether the power purchase agreement may be

transferred to a purchaser of the home or real property where the system is located and, if so, any

conditions for a transfer;

     (3) A field to indicate whether the solar retailer will obtain insurance. The field shall be

accompanied by the statement: "If indicated above, the solar retailer will not obtain insurance

against damage or loss to the system and the customer is responsible if there is damage or loss to

the system."; and

     (4) Fields requiring information about what will happen to the system at the end of the term

of the power purchase agreement.


 

 

869)

Section

Added Chapter Numbers:

 

39-26.8-9

255 and 256

 

 

39-26.8-9. Customer right to cancel solar agreement.

     The customer has the right to cancel or rescind a solar agreement within a forty-five (45)

days of entering into the solar agreement. The standard disclosure form shall inform the customer

of this right.


 

 

870)

Section

Added Chapter Numbers:

 

39-26.8-10

255 and 256

 

 

39-26.8-10. Good faith estimate allowed.

     If a solar retailer does not, at the time of providing a disclosure form, have exact cost

information required to be included in the disclosure form, pursuant to this chapter, the retailer may

make a good-faith estimate of that information, if the solar retailer clearly indicates that the

information is an estimate and provides the basis for the estimate. If the solar retailer's final cost

assessment differs from previously provided estimates, the retailer shall provide a new and

complete disclosure form.


 

 

 

871)

Section

Added Chapter Numbers:

 

39-26.8-11

255 and 256

 

 

39-26.8-11. Division enforcement authority - Administrative fine.

     (a) Subject to subsection (b) of this section, the division may enforce the provisions of this

chapter by:

     (1) Conducting an investigation into an alleged violation of this chapter;

     (2) Issuing a cease-and-desist order against a further violation of this chapter; and

     (3) Imposing an administrative fine of no more than two thousand five hundred dollars

($2,500) per solar agreement on a solar retailer that:

     (i) Materially fails to comply with the disclosure requirements of this chapter; or

     (ii) Violates any other provision of this chapter, if the division finds that the violation is a

willful or intentional attempt to mislead or deceive a customer.

     (b) The division may not commence any enforcement action under this section more than

four (4) years after the date of execution of the solar agreement with respect to which a violation is

alleged to have occurred.

     (c) The division shall distribute an administrative fine collected under subsection (a)(3) of

this section to a customer adversely affected by the solar retailer's failure or violation resulting in a

fine under subsection (a)(3) of this section, after the division has conducted an administrative

proceeding resulting in a determination of the appropriateness and amount of any distribution to a

customer.

     (d) Nothing in this chapter may be construed to affect a remedy a customer has independent

of this chapter; or the division's ability or authority to enforce any other law or regulation.


 

 

872)

Section

Added Chapter Numbers:

 

39-26.8-12

255 and 256

 

 

39-26.8-12. Rules and regulations.

     The division may promulgate such rules and regulations as are necessary and proper to

carry out the provisions of this chapter.


 

 

873)

Section

Added Chapter Numbers:

 

39-26.9

380 and 381

 

 

CHAPTER 26.9

LABOR STANDARDS IN RENEWABLE ENERGY PROJECTS


 

 

 

874)

Section

Added Chapter Numbers:

 

39-26.9-1

380 and 381

 

 

39-26.9-1. Short title.

     This chapter shall be known and may be cited as "Labor Standards in Renewable Energy

Projects."


 

 

875)

Section

Added Chapter Numbers:

 

39-26.9-2

380 and 381

 

 

39-26.9-2. Definitions.

     For the purposes of this chapter:

     (1) "Approved apprenticeship program" or "apprenticeship program" means an

apprenticeship program that has been approved by the U.S. Department of Labor, or by a

recognized state apprenticeship agency, pursuant to 29 C.F.R. Parts 29 and 30; however, such

programs shall not include those that have obtained only provisional approval status. The required

apprenticeship programs may either be programs that have specifically allocated funding and are

subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq.

("ERISA"), or non-ERISA programs financed by general funds of employers.

     (2) "Covered project" means a renewable energy project that:

     (i) Utilizes renewable energy resources;

     (ii) Is situated on land;

     (iii) Is situated on or in water;

     (iv) Has a construction commencement date on or after April 1, 2023;

     (v) Has a total nameplate capacity of three megawatts (3 MW) or more in aggregate size;

and

     (vi) Is constructed and or and/or operated pursuant to chapters chapter 26.1, 26.4, or 26.6

of this title 39.

     (3) "Department" means the department of labor and training.

     (4) "Director" means the director of the department of labor and training.

     (5) "Labor organization" means any organization which that exists and is constituted for

the purpose, in whole or in part, of collective bargaining, or of dealing with employers concerning

grievances, terms, or conditions of employment, or of other mutual aid or protection and which

that is not a company union as defined in § 28-7-3.

     (6) "Labor peace agreement" means an agreement between an entity and a labor

organization that, at a minimum, protects the state's proprietary interest by prohibiting labor

organizations and members from engaging in picketing, work stoppages, boycotts, and any other

economic interference during the deployment of a covered project. This agreement means that the

applicant has agreed not to disrupt efforts by the labor organizations to communicate with, and

attempt to organize and represent, the applicant's employees. This requirement shall not be

applicable to maintenance work performed on renewable energy solar projects.

     (7) "Renewable energy project" means the construction, installation, use, maintenance,

operation, changing, or retiring of a renewable energy resource.

     (8) "Renewable energy resources" means any renewable power generation source listed in

§ 39-26-5(a).


 

 

876)

Section

Added Chapter Numbers:

 

39-26.9-3

380 and 381

 

 

39-26.9-3. Responsibilities of developers and the state, its subdivisions or

quasi-public agencies.

     (a) When a covered project receives any financial incentives, tax relief, or subsidies from

the state or any of its subdivisions or quasi-public agencies, the developer and its contractors shall

enter into a labor peace agreement with the unions constructing the project.

     (b) All specifications in any invitations to bid on any covered project under this section

that is valued at five million dollars ($5,000,000) or more shall include a requirement that all

responding bidders shall have an approved apprenticeship program for all crafts or trades with

apprenticeship programs that will be employed on the project at the time of bid. All responding

bidders shall also provide proof in the bid package of the existence of an approved apprenticeship

program for all crafts or trades that will be employed on the project by all contractors and

subcontractors.

     (c) The developer of a covered project shall take all necessary actions to ensure that each

contractor and subcontractor involved in the construction of the project completes a sworn

certification that the prime contractor, general contractor, or subcontractor:

     (1) Has the necessary resources to perform the portion of the covered project to which the

contractor or subcontractor is assigned, including the necessary technical, financial, and personnel

resources;

     (2) Has all required contractor, specialty contractor or trade licenses, certifications or

certificates required of any business entity or individual by applicable state or local law;

     (3) May participate in apprenticeship programs pursuant to 29 C.F.R. Part 29 and Part 30

for the occupations the contractor will employ for its awarded scope of work on the covered project;

     (4) When the contractor or subcontractor has five (5) or more employees, ensure that no

less than fifteen percent (15%) of the labor hours worked on the project shall be performed by

registered apprentices for all crafts or trades with approved apprenticeship programs that will be

employed on the project;

     (5) During the previous three (3) years:

     (i) Has not been debarred by any government agency;

     (ii) Has not defaulted on any project;

     (iii) Has not had any license, certification, or other credential relating to the business

revoked or suspended; and

     (iv) Has not been found in violation of any law applicable to the contractor's or

subcontractor's business that resulted in the payment of a fine, back pay damages, or any other type

of penalty in the amount of five thousand dollars ($5,000) or more;

     (6) Will pay personnel employed on the project not less than the applicable wage and fringe

benefit rates for the classification in which such personnel is employed for the project; and

     (7) Has not misclassified and will not misclassify labor employees as independent

contractors.


 

 

877)

Section

Added Chapter Numbers:

 

39-26.9-4

380 and 381

 

 

39-26.9-4. Labor peace agreement.

     The owner or developer of a covered project or a third party acting on behalf of the owner

or developer, as a condition of any agreement with a public entity, shall enter into a labor peace

agreement with a labor organization actively representing employees providing necessary

operations for the renewable energy system.


 

 

878)

Section

Added Chapter Numbers:

 

39-26.9-5

380 and 381

 

 

39-26.9-5. Prevailing wage payment for construction, operation and

maintenance employees.

     (a) Each contractor and subcontractor on a covered project shall:

     (1) Pay each construction employee wages and benefits that are not less than the prevailing

wage and fringe benefit rates in compliance with chapter 13 of title 37 for the corresponding

classification in which the employee is employed,; and

     (2) Be subject to all reporting and compliance requirements of chapter 13 of title 37.

     (b) Contractors and subcontractors that violate subsection (a)(1) of this section, shall be

subject to penalties and sanctions in accordance with chapter 13 of title 37.

     (c) Each operations and maintenance employee employed in a building or facility that is

constructed as a covered project shall be paid wages and benefits that are not less than the prevailing

wage and fringe benefit rates in compliance with chapter 13 of title 37.


 

 

879)

Section

Added Chapter Numbers:

 

39-26.9-6

380 and 381

 

 

39-26.9-6. Sworn certification of compliance.

     (a) The developer of a covered project shall submit to the department a sworn certification

of compliance with this chapter, not later than thirty (30) days prior to commencement of

construction of the project. Such The sworn certification shall be considered a public document,

and shall be made available, without redaction, on the department’s website, not later than seven

(7) days after being submitted to the department.

     (b) If the sworn certification contains false, misleading, or materially inaccurate

information, the contractor or subcontractor that executed such the sworn certification, shall, after

notice and opportunity to be heard, be subject to penalties and sanctions by the department.


 

 

 

880)

Section

Added Chapter Numbers:

 

39-26.9-7

380 and 381

 

 

39-26.9-7. Payment of wages due.

     The department is hereby authorized and directed to pay to mechanics, laborers, and

workers, from any accrued payments withheld under the terms of a terminated public works'

contract, any wages found to be due such the mechanics, laborers, and workers.


 

 

881)

Section

Added Chapter Numbers:

 

39-26.9-8

380 and 381

 

 

39-26.9-8. Recordkeeping obligations.

     (a) Each employer that is subject to the provisions of this chapter shall:

     (1) Keep, maintain, and preserve records relating to the wages and hours worked by each

mechanic, laborer, and worker and a schedule of the occupation or work classification at which

each mechanic, laborer, or worker on the project is employed, during each work day and week.

These records shall be maintained in such a manner and form as the director establishes to assure

the proper payments due to such persons or employee welfare funds under this chapter, regardless

of any contractual relationship alleged to exist between the contractor and such the person; and

     (2) Submit a monthly certified payroll record to the contracting agency or to the developer

of a covered project, which shall consist of a complete copy of the payroll records, accompanied

by a statement signed by the employer that indicates:

     (i) Such The records are accurate;

     (ii) The rate of wages paid to each mechanic, laborer, or worker and the amount of payment

or contributions paid or payable on behalf of each such person to any employee welfare fund, is

not less than the prevailing rate of wages and the amount of payment or contributions paid or

payable on behalf of each such person to any employee welfare fund and not less than those

required by the contract to be paid;

     (iii) The employer has complied with the applicable provisions of this chapter;

     (iv) Each such person is covered by a workers' compensation insurance policy for the

duration of such the person's employment, which shall be demonstrated by submitting to the

contracting agency the name of the workers' compensation insurance carrier covering each such

person, the effective and expiration dates of each policy, and each policy number;

     (v) The employer has not received any kickbacks, as defined in 41 U.S.C. 52 § 8701, from

any employee or employee welfare fund; and

     (vi) Pursuant to the provisions of this chapter, the employer is aware that filing a certified

payroll which that the employer knows to be false is a felony, for which the employer may be fined

up to five thousand dollars ($5,000), imprisoned for up to five (5) years, or both.

     (b) Notwithstanding any contrary provisions of the general laws, the certified payroll shall

be considered a public record and every person shall have the right to inspect and copy such the

records.

     (c) Except as provided in subsection (b) of this section, any copy of records made available

for inspection as copies and furnished upon request to the public or any public agency by the

awarding body or the department of labor and training shall be redacted to prevent disclosure of an

individual’s name, address, and social security number. The name and address of the contractor

awarded the contract or the subcontractor performing the contract shall not be redacted. Any copy

of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley Trust

Fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating

contributions to participants shall be redacted only to prevent disclosure of an individual’s full

social security number, but shall provide the last four digits of the social security number. Any

copy of records made available for inspection by, or furnished to, a joint labor-management

committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29

U.S.C. Sec. 175a) shall be redacted only to prevent disclosure of an individual’s social security

number.

     (d) Notwithstanding any other provision of law, agencies and law enforcement agencies

investigating violations of law shall, upon request, be provided unredacted copies of certified

payroll records. Any copies of records or certified payroll made available for inspection and

furnished upon request to the public by an agency or law enforcement agency investigating a

violation of law shall be marked or redacted to prevent disclosure of an individual’s name, address,

and social security number.


 

 

882)

Section

Added Chapter Numbers:

 

39-26.9-9

380 and 381

 

 

39-26.9-9. Power and enforcement of the department of labor and training.

     (a) The director of the department of labor and training and his or her the director’s

designated representatives shall have the right to enter any place of business of employment to

inspect employment records and to ensure that the provisions of this chapter are complied with as

well as the power to administer oaths and examine witnesses, issue subpoenas, compel the

attendance of witnesses and production of documents, and to take depositions and affidavits.

     (b) The department of labor and training shall promulgate regulations to implement this

chapter.


 

 

 

883)

Section

Added Chapter Numbers:

 

39-26.9-10

380 and 381

 

 

39-26.9-10. Severability.

     If any provision of this chapter or the application thereof to any person or circumstances is

held invalid, such invalidity shall not affect other provisions or applications of the chapter, which

can be given effect without the invalid provision or application, and to this end the provisions of

this chapter are declared to be severable.


 

 

884)

Section

Amended Chapter Numbers:

 

39-31-2

372 and 373

 

 

39-31-2. Purpose.

     The purpose of this chapter is to:

     (1) Secure the future of the Rhode Island and New England economies, and their shared

environment, by making state and/or coordinated, cost-effective, strategic investments in energy

resources and infrastructure such that the New England states improve energy system reliability

and security; enhance economic competitiveness by reducing energy costs to attract new

investment and job growth opportunities; and protect the quality of life and environment for all

residents and businesses;

     (2) Utilize state and/or coordinated competitive processes, in collaboration with other New

England states and their instrumentalities, to advance strategic investment in energy infrastructure

and energy resources, provided that the total energy security, reliability, environmental, and

economic benefits to the state of Rhode Island and its ratepayers exceed the costs of the projects,

and ensure that the benefits and costs of the energy infrastructure investments are shared

appropriately among the New England States; and

     (3) Encourage a multistate or regional an approach to energy policy that advances the

objectives of achieving a reliable, clean-energy future that is consistent with meeting regional

greenhouse gas reduction goals as established by chapter 6.2 of title 42 (the "2021 act on climate")

at reasonable cost to ratepayers.


 

 

885)

Section

Amended Chapter Numbers:

 

39-31-4

372 and 373

 

 

39-31-4. Regional energy planning.

     (a) Consistent with the purposes of this chapter, and utilizing regional stakeholder

processes where appropriate, the office of energy resources, in consultation and coordination with

the division of public utilities and carriers, and the public utility company that provides electric

distribution as defined in § 39-1-2(a)(12) as well as natural gas as defined in § 39-1-2(a)(17), the

New England States Committee on Electricity (NESCOE), ISO-New England, Inc., and the other

New England states, is authorized to:

     (1) Participate in the development and issuance of state, regional, or multistate competitive

solicitation(s) for the development and construction of regional electric-transmission projects that

would allow for the reliable transmission of large- or small-scale domestic or international

hydroelectric power to New England load centers that will benefit the state of Rhode Island and its

ratepayers, and such solicitations may be issued by the New England States Committee on

Electricity or the electric or natural gas distribution company to further the purposes of this chapter;

     (2) Participate in the development and issuance of state, regional, or multistate competitive

solicitation(s) for the development and construction of regional electric-transmission projects that

would allow for the reliable transmission of eligible renewable energy resources, including offshore

wind, as defined by § 39-26-5(a), to New England load centers that will benefit the state of Rhode

Island and its ratepayers, and the solicitations may be issued by the New England States Committee

on Electricity or the electric or natural gas distribution company to further the purposes of this

chapter; and

     (3) Participate in the development and issuance of regional or multistate competitive

solicitation(s) for the development and construction of regional natural-gas-pipeline infrastructure

and capacity that will benefit the state of Rhode Island and its ratepayers by strengthening energy

system reliability and security and, in doing so, potentially mitigate energy price volatility that

threatens the economic vitality and competitiveness of Rhode Island residents and businesses. The

solicitations may be issued by the New England States Committee on Electricity or the electric or

natural gas distribution company to further the purposes of this chapter; and the solicitations may

request proposals that are priced in increments to allow for the evaluation of project costs and

benefits associated with adding various levels of additional, natural gas pipeline capacity into New

England and assist with the optimization of energy system reliability, economic, and other benefits

consistent with the purposes of this chapter.

     (4) As part of any such state, regional, or multistate competitive solicitation processes

conducted pursuant to this chapter, the office of energy resources shall work jointly with the

division of public utilities and carriers, and with the electric distribution company as appropriate,

to identify incremental, natural-gas-pipeline infrastructure and capacity and/or electric-

transmission projects that optimize energy reliability, economic, environmental, and ratepayer

impacts for Rhode Island, consistent with the legislative findings and purpose of this chapter. The

office of energy resources and division of public utilities and carriers shall be authorized to utilize

expert consultants, as needed, to assist in any state, regional, multistate, or state-level determination

related to the procurement activities identified in § 39-31-5.

     (b) Prior to any binding commitments being made by any agencies of the state, the electric

distribution company, or any other entity that would result in costs being incurred directly, or

indirectly, by Rhode Island electric and/or gas consumers through distribution or commodity rates,

the office of energy resources and division of public utilities and carriers shall jointly file any

energy infrastructure project recommendation(s) with the public utilities commission and may

make such filing jointly with the electric or natural gas distribution company as appropriate. The

public utilities commission shall consider any such recommendation(s) as specified under § 39-31-

7.

     (c) A copy of the filing made under subsection (b) of this section shall be provided to the

governor, the president of the senate, the speaker of the house, the department of environmental

management, and the commerce corporation.

     (d) The electric distribution company shall be provided with a copy of any filing made

under this section at least ten (10) business days in advance of its filing with the public utilities

commission and the electric or gas distribution utility may file separate comments when the filing

is made.

     (e) As part of any office of energy resources and division of public utilities and carriers

filing made pursuant to this chapter, the agencies shall identify the expected energy reliability,

energy security, and ratepayer impacts that are expected to result from commitments being made

in connection with the proposed project(s).

     (f) The office of energy resources and division of public utilities and carriers reserve the

right to determine that energy infrastructure projects submitted in any state, regional, or multistate

competitive solicitation process are not in Rhode Island's energy reliability, energy security, and/or

ratepayer interests, and shall make such findings available to the governor, the president of the

senate, and the speaker of the house. The electric or gas distribution utility may attach a separate

opinion to those findings, at its election.


 

 

 

886)

Section

Amended Chapter Numbers:

 

39-31-5

372 and 373

 

 

39-31-5. State and regional energy procurement.

     (a) Consistent with the purposes of this chapter, the public utility company that provides

electric distribution as defined in § 39-1-2(a)(12), as well as natural gas as defined in § 39-1-

2(a)(17), in consultation with the office of energy resources and the division of public utilities and

carriers is authorized to voluntarily participate in state, multistate, or regional efforts to:

     (1) Procure domestic or international large- or small-scale hydroelectric power and eligible

renewable energy resources, including wind, as defined by § 39-26-5(a), on behalf of electric

ratepayers; provided, however, that large-scale hydroelectric power shall not be eligible under the

renewable energy standard established by chapter 26 of this title;

     (2) Procure incremental, natural-gas-pipeline infrastructure and capacity into New England

to help strengthen energy system reliability and facilitate the economic interests of the state and its

ratepayers;

     (3) Support the development and filing of necessary tariffs and other appropriate cost-

recovery mechanisms, as proposed by the office of energy resources or the division of public

utilities and carriers, that allocate the costs of new, electric-transmission and natural-gas-pipeline

infrastructure and capacity projects selected pursuant to the provisions of this chapter to ratepayers,

such that costs are shared among participating states in an equitable manner; and

     (4) To the extent that the public utility company that provides electric distribution as

defined in § 39-1-2(a)(12), as well as natural gas as defined in § 39-1-2(a)(17), pursues the

objectives identified above, the public utility company shall utilize all appropriate, competitive

processes, and maintain compliance with applicable federal and state siting laws.

     (b) Any procurement authorized under this section shall be commercially reasonable.


 

 

887)

Section

Amended Chapter Numbers:

 

39-31-6

372 and 373

 

 

39-31-6. Utility filings with the public utilities commission.

     (a) Pursuant to the procurement activities in § 39-31-5 or § 39-31-10, the public utility

company that provides electric distribution as defined in § 39-1-2(a)(12), as well the public utilities

that distribute natural gas as provided by § 39-1-2(a)(20), are authorized to voluntarily file

proposals with the public utilities commission for approval to implement these policies and achieve

the purposes of this chapter. The company's proposals may include, but are not limited to the,

following authorizations:

     (1) Subject to review and approval of the commission, to enter into long-term contracts

through appropriate competitive processes for large- or small-scale hydroelectric power and/or

renewable energy resources that are eligible under the renewable energy standard established by

chapter 26 of this title; provided, however, that large-scale hydroelectric power shall not be eligible

under the renewable energy standard established by chapter 26 of this title, and provided that:

     (i) The electric distribution company may, subject to review and approval of the

commission, select a reasonable, open, and competitive method of soliciting proposals from

renewable energy developers, including domestic or international large- or small-scale

hydroelectric power, that may include public solicitations and individual negotiations.

     (ii) The solicitation process shall permit a reasonable amount of negotiating discretion for

the parties to engage in arms-length negotiations over final contract terms.

     (iii) Each long-term contract entered into pursuant to this section shall contain a condition

that it shall not be effective without commission review and approval.

     (iv) The electric distribution company shall file the contract(s), or unsigned contract(s)

pursuant to § 39-31-10(c), along with a justification for its decision, within a reasonable time after

it has executed the contract following a solicitation or negotiation.

     (v) Subject to review and approval of the public utilities commission, to enter into long-

term contracts for natural-gas-pipeline infrastructure and capacity that are commercially reasonable

and advance the purposes of this chapter at levels beyond those commitments necessary to serve

local gas distribution customers, and may do so either directly, or in coordination with, other New

England states and instrumentalities; utilities; generators; or other appropriate contracting parties.

     (vi) The commission shall accept public comment on any contracts filed by the distribution

utility, as authorized under this section, for a period no less than thirty (30) days.

     (A) During this public comment period, the contracts shall be reviewed by the following

state agencies, which shall provide advisory opinions to the public utilities commission on the

topics specified, and the public utilities commission shall give due consideration to the advisory

opinions filed:

     (I) The department of environmental management (DEM) shall provide an advisory

opinion on the expected greenhouse gas emissions and statewide environmental impacts resulting

from the proposed contract(s), including a determination as to whether the proposed project(s)

advance the goals of chapter 6.2 of title 42 (the "2021 Act on Climate").

     (II) The commerce corporation shall provide an advisory opinion on the expected statewide

economic impacts resulting from the proposed contract(s).

     (III) The office of energy resources shall provide an advisory opinion on the expected

energy security, reliability, environmental, and economic impacts resulting from the contract(s).

     (B) The commission shall notify the aforementioned agencies upon the filing of any

contract filed by the distribution utility pursuant to this chapter, and notify them of any related

hearings and/or proceedings.

     (C) Advisory opinions issued by agencies designated under subsection (a)(1)(vi)(A) of this

section shall not be considered as final decisions of the agencies making the opinions, and shall not

be subject to judicial review under § 42-35-15, or any other provision of the general laws.

     (vii) The commission may shall approve the contract(s) if it determines that:

     (A) The contract is commercially reasonable;

     (B) The requirements for the solicitation have been met;

     (C) The contract is consistent with achievement of the region's state's, greenhouse gas

reduction targets as specified in chapter 6.2 of title 42 (the "2021 Act on Climate"); and

     (D) The contract is consistent with the purposes of this chapter.

     (viii) Participate in a multistate or regional sharing of costs through the Federal Energy

Regulatory Commission-approved tariffs for the costs of electric transmission and natural-gas-

pipeline infrastructure projects pursued under this chapter.

     (b) The commission shall hold evidentiary hearings and public hearings to review any

contract filing that may be made pursuant to this section and issue a written order approving or

rejecting the contract within one hundred twenty (120) days of the filing; in rejecting a contract,

the commission may advise the parties of the reason for the contract being rejected and provide an

option for the parties to attempt to address the reasons for rejection in a revised contract within a

specified period not to exceed ninety (90) days.


 

 

888)

Section

Amended Chapter Numbers:

 

39-31-7

372 and 373

 

 

39-31-7. Duties of the commission.

     (a) The commission may shall approve any proposals made by the electric and gas

distribution company that are commercially reasonable and advance the purposes of this chapter.

The commission's authority shall include, without limitation, the authority to:

     (1) Approve long-term contracts entered into pursuant to the goals and provisions of this

chapter for large- or small-scale hydroelectric power and renewable energy resources that are

eligible under the renewable energy standard established by chapter 26 of this title; provided,

however, that large-scale hydroelectric power shall not be eligible under the renewable energy

standard established by chapter 26 of this title;

     (2) Approve long-term contracts for natural-gas-pipeline infrastructure and capacity

consistent with the purposes of this chapter;

     (3) Approve rate-recovery mechanisms proposed by the electric and gas distribution

companies relating to costs incurred under this chapter by the electric and gas distribution company

that facilitate the multistate or regional sharing of costs necessary to implement electric

transmission and natural-gas-pipeline infrastructure projects pursued under this chapter, including

any costs incurred through the Federal Energy Regulatory Commission approved tariffs related to

such multistate or regional energy infrastructure procurements;

     (4) Address any proposed changes to standard-offer procurements, standard-offer pricing,

and retail-choice rules;

     (5) Provide for the recovery of reasonable net costs from all distribution customers incurred

by the electric and gas distribution company in furtherance of the purposes of this chapter that may

include, but are not limited to, costs to solicit, evaluate, and seek approval of such contracts as well

as net costs incurred under any contracts approved by the commission under this section and costs

associated with the management of incremental capacity resulting from interstate gas-pipeline-

expansion projects pursued pursuant to this chapter and costs associated with investments in local

gas-distribution-network assets necessary to implement such interstate gas-pipeline-expansion

projects;

     (6) Nothing herein is intended to prohibit the commission from allowing the electric

distribution company to use the energy, capacity, and other attributes purchased for resale to

customers and approve tariffs that charge those customers for the energy, capacity, and other

attributes from the resale to those customers; and/or to use the NE-GIS certificates for purposes of

meeting the obligations set forth in chapter 26 of this title 39 ("renewable energy standard").;

     (6)(7) Approve cost allocation proposals filed by the gas distribution company and/or the

electric distribution company that appropriately allocate offshore wind costs incurred under § 39-

31-10, natural gas infrastructure and capacity costs incurred under § 39-31-6 between electric and

gas distribution customers of the electric and gas distribution company in a manner proportional to

the energy benefits accrued by Rhode Island's gas and electric customers from making such

investments. In making its determination, the commission shall consider projected reductions in

regional, wholesale electric prices as a benefit that accrues to electric ratepayers. The allocation of

costs shall include all distribution customers, regardless from whom they are purchasing their

commodity service; and

     (7)(8) Approve any other proposed regulatory or ratemaking changes that reasonably

advance the goals set forth herein.

     (b) The grant of authorizations under this chapter shall not be construed as creating a

mandate or obligation on the part of the electric and gas distribution company to enter into any

contracts or file any proposals pursuant to this chapter.

     (c) The public utilities commission shall docket any proposals made by the office of energy

resources and division of public utilities and carriers pursuant to § 39-31-4. Docket materials shall

be posted and maintained on the commission's website. The commission shall conduct proceedings,

as provided below, solely for the purpose of determining whether the proposed infrastructure

projects, if implemented, are in the public interest and no commitments shall be valid or authorized

without such finding being made by the commission. The validity and approval of any

commitments made by the electric or gas distribution company in furtherance of the purposes of

this chapter shall be separate and subject to § 39-31-5. The docket opened pursuant to this

subsection shall proceed as follows:

     (1) The following state agencies shall provide advisory opinions to the commission on the

topics specified below within sixty (60) days from the docketing date:

     (i) The department of environmental management (DEM) shall provide an advisory

opinion on the expected greenhouse gas emissions and statewide environmental impacts resulting

from the proposed project(s), including a determination as to whether the proposed project(s)

advance the goals of chapter 6.2 of title 42 (the "2021 Act on Climate").

     (ii) The commerce corporation shall provide an advisory opinion on the expected statewide

economic impacts resulting from the proposed project(s).

     (2) The commission shall notify the aforementioned agencies upon the filing of any

proposal made under this section, and notify them of any related hearings and/or proceedings.

     (3) Advisory opinions issued by agencies designated under subsection (c)(1) of this section

shall not be considered as final decisions of the agencies making the opinions and shall not be

subject to judicial review under § 42-35-15 or any other provision of the general laws.

     (4) Upon completion of the sixty-day (60) advisory-opinion period, the commission shall

provide for a thirty-day (30) public comment period on any energy infrastructure project(s) selected

pursuant to this chapter and hold evidentiary hearings. In addition to evidentiary hearings, the

commission shall also hold at least one public hearing to accept public comment on the proposal(s)

prior to an open meeting held pursuant to this section.

     (5) The commission shall hold an open meeting no later than one hundred twenty (120)

days from the date of filing by the office of energy resources and division of public utilities and

carriers and shall certify that the proposed project(s) are in the public interest if, in the commission's

determination, and in consideration of filed advisory opinions and the opinion of the electric or gas

distribution utility, the proposed infrastructure project(s):

     (i) Are consistent with the findings and purposes of this chapter;

     (ii) Will benefit Rhode Island by improving local and regional energy system reliability

and security;

     (iii) Will benefit Rhode Island ratepayers by offering the potential for reduced energy price

volatility and reduction of energy supply costs in the context of an integrated regional energy

system;

     (iv) Will not cause unacceptable harm to the environment and are consistent with the

region's greenhouse gas reduction goals established in chapter 6.2 of title 42 (the "2021 Act on

Climate"); and

     (v) Will enhance the economic fabric of the state.

     (6) The commission shall issue a written determination of its findings within ten (10)

business days of its open-meeting decision and provide copies of that determination, along with

copies of all advisory opinions, public comment, and any other materials deemed relevant to the

commission determination, to the governor, the president of the senate, the speaker of the house,

the commissioner of the office of energy resources, and the administrator of the division of public

utilities and carriers.

     (d) A determination issued by the commission shall constitute the sole, final, binding, and

determinative regulatory decision within the state for the purpose of authorizing the state to support

a proposed, regional energy-infrastructure project(s) that is funded through the Federal Energy

Regulatory Commission approved tariffs on a regional and/or multistate basis pursuant to this

chapter. Appeals shall be governed by § 39-5-1.

     (e) Upon issuance of a written determination by the commission finding that the proposed

project(s) is in the public interest, the office of energy resources and division of public utilities and

carriers shall, on behalf of the state, be authorized to support any state, regional, and/or multistate

process necessary to implement the project(s), including, without limitation, supporting any

necessary and related Federal Energy Regulatory Commission filings; provided, however, that any

commitments made by the electric or gas distribution company to implement the proposals remain

voluntary and subject to § 39-31-5.

     (f) Nothing in this section shall be construed to preclude the electric or gas distribution

company from making a filing under § 39-31-6, simultaneous with a filing under this section by

the office of energy resources and the division of public utilities and carriers, in which case the

filings made under §§ 39-31-6 and 39-31-7 shall be consolidated.


 

 

 

889)

Section

Added Chapter Numbers:

 

39-31-10

372 and 373

 

 

39-31-10. Offshore wind procurement.

     (a) The electric distribution company is hereby authorized and required to issue a request

for proposals for at least six hundred megawatts (600 MW) but no greater than on one thousand

megawatts (1,000 MW) of newly-developed offshore wind capacity no later than October 15, 2022.

The electric distribution company shall develop the request for proposals (RFP) in consultation

with the Rhode Island office of energy resources and the Rhode Island division of public utilities

and carriers. Review of any proposed contract(s) resulting from this procurement shall be

conducted by the commission consistent with the requirements of this chapter. The request for

proposals shall require all bidders to provide, at a minimum, information on potential

environmental impacts through the submittal of an environmental and fisheries mitigation plan,

which shall include site and environmental data transparency requirements; a site layout plan and

maps that illustrate the location of all on-shore and offshore equipment and facilities and clearly

delineates the perimeter of the area in which offshore wind turbines will be placed; annualized

estimates for all economic benefits, including the specific in-state expenditures and employment

proposed during the development, construction, and operation and maintenance phases of the

project; a diversity, equity, and inclusion plan that, at a minimum, provides the bidder’s proposed

strategy to enable access to employment and vendor opportunities for historically marginalized

communities; identification of Rhode Island vendors and other domestic offshore wind supply

chain opportunities associated with the project; and a plan outlining the bidder’s intentions with

respect to the negotiation of a project labor agreement(s) to cover construction activities on a

proposed project. This information shall be incorporated in the procurement’s evaluation and

scoring criteria.

     (b) The electric distribution company, prior to its issuance, shall file the RFP as described

in § 39-31-10(a) subsection (a) of this section with the commission solely for the purpose of

soliciting public comment. The RFP shall be available for thirty (30) days and the commission shall

accept written comment throughout that period, and it shall hold one public hearing to accept oral

comments. Following the public comment period, the electric distribution company shall issue the

RFP with no further action of the commission. Should the electric distribution company

subsequently file a contract resulting from the RFP under subsection (c) of this section, or an

alternative filing under subsection (d) of this section, it shall provide testimony responding to the

public comments either indicating how it was incorporated into the final filing or was not germane

to the procurement.

     (c) Unless the electric distribution company determines that the bids are unlikely to lead to

contracts that comply with all of the requirements of this section and § 39-31-6, it shall select a

project or projects for negotiating a contract that shall be conditioned upon approval by the

commission. Negotiations shall proceed in good faith to achieve a commercially reasonable

contract that meets the standards set forth in this chapter. Should the distribution company and the

selected party agree to a contract, the contract shall be filed with the commission no later than

March 15, 2024, for commission approval. The commission shall review the contract and issue an

order approving or disapproving the contract within one hundred twenty (120) days of the filing. If

the parties are unable to reach agreement on a contract prior to March 15, 2024, an unsigned copy

noting which items have mutual agreement and providing each parties’ preferred terms that remain

in dispute shall be filed with the commission by the electric distribution company prior to that same

date. The commission shall have the authority to evaluate the unsigned contract consistent with the

terms of this chapter, rule on any outstanding terms in dispute, and order the electric distribution

company to execute the approved contract. In such case of a disputed contract, the commission has

the discretion to extend the deadline for approval as needed to complete its review.

     (d) If the electric distribution company determines that the bids are unlikely to lead to

contracts that meet all of the requirements of this section and § 39-31-6, it shall submit a filing to

the commission together with testimony to explain why it should not be required to negotiate a

contract. The commission shall review and rule on the filing within ninety (90) days, which review

shall include soliciting input from the agencies required to provide advisory opinions to the

commission, and public comment. If the electric distribution company fails to show that the bids

are unlikely to lead to a contract that meets all the requirements of this section and § 39-3-6 39-31-

6 the commission may order the utility to proceed with negotiations as set forth in subsection (c)

of this section.

     (e) Long-term contracts shall require that developers of newly developed renewable energy

resources will enter into a labor peace agreement with at least one bona fide labor organization

either where such bona fide labor organization is actively representing employees providing

necessary construction, operations and maintenance services for the newly developed renewable

energy resource at the time of such agreement or upon notice by a bona fide labor organization that

is attempting to represent employees who will provide necessary operations and maintenance

services for the renewable energy system employed in the state. The maintenance of such a labor

peace agreement shall be an ongoing material condition of any continuation of payments under the

contract.

     (f) Developers of newly developed renewable energy resources shall pay each construction,

operations and maintenance employees wages and benefits that are not less than the prevailing

wage and fringe benefit rates at the journeyman level that are prescribed by the department of labor

and training pursuant to chapter 13 of title 37, for the corresponding classification in which the

employee is employed, and not less than the prevailing wage rates for employees for which there

is no classification prescribed by the department of labor and training; provided that, a worker may

be paid wages and benefits not less than the rate applicable to apprentices for the pertinent

classification if:

     (1) The worker is a participant in an approved apprenticeship program; and

     (2) The approved apprenticeship program from which the apprentice is hired maintains a

direct entry agreement with a certified pre-apprenticeship training program.

     (g) Solicitations by the electric distribution company shall reflect the requirements of this

section.


 

 

 

890)

Section

Added Chapter Numbers:

 

39-31-11

372 and 373

 

 

39-31-11. Financial remuneration and incentives.

     In order to achieve the purposes of this chapter, electric distribution companies shall be

entitled to financial remuneration and incentives for long-term contracts for newly developed

renewable energy resources, which are over and above the base rate revenue requirement

established in its cost of service for distribution ratemaking. Such remuneration and incentives shall

compensate the electric distribution company for accepting the financial obligation of the long-

term contracts. For long-term contracts approved pursuant to this chapter on or after January 1,

2022, the financial remuneration and incentives shall be in the form of annual compensation up to

one percent (1.0%) of the actual annual payments made under the contracts through December 31,

2026, for those projects that are commercially operating. For long-term contracts approved

pursuant to this chapter on or after January 1, 2027, financial remuneration and incentives shall not

be applied, unless otherwise granted by the commission. For any calendar year in which the electric

distribution company’s actual return on equity exceeds the return on equity allowed by the

commission in the electric distribution company’s last general rate case, the commission shall have

the authority to adjust any or all remuneration paid to the electric distribution company pursuant to

this section in order to assure that such remuneration does not result in or contribute toward the

electric distribution company earning above its allowed return for such calendar year.


 

 

892)

Section

Added Chapter Numbers:

 

39-31-12

372 and 373

 

 

39-31-12. Bid fees.

     Bidders submitting project proposals responsive to any competitive procurements issued

pursuant to this chapter may be charged bid fees by the electric distribution company to pay for all

reasonable costs of consultants and counsel that may be hired by the Rhode Island office of energy

resources, the division of public utilities and carriers, the commerce corporation, and/or the

department of environmental management to meet the requirements of this chapter, up to a cap of

two hundred thousand dollars ($200,000) per agency. Any bid fees collected by the electric

distribution company for purposes of implementing this subsection section must be specified in

procurement documents. The electric distribution company shall be required to transfer to each

agency any invoiced funds within thirty (30) days of invoice receipt.


 

 

 

893)

Section

Amended Chapter Numbers:

 

40-6-8

163 and 164

 

 

40-6-8. Supplemental nutrition assistance program (SNAP).

     (a) The department shall have the responsibility to administer the food stamp program for

the state in compliance with the provisions of the federal Food Stamp Act of 1964, as amended, 7

U.S.C. § 2011 et seq. The supplemental nutrition assistance program (SNAP) is and shall be the

new title of the program formerly known as the food stamp program. All references in the Rhode

Island general laws to food stamps shall be deemed to mean, apply to, refer to, and be interpreted

in accordance with the supplemental nutrition assistance program (SNAP).

     (b) The department is empowered and authorized to submit its plan for food stamps to the

federal government, or any agency or department of it., as follows:

     (1) The department shall act for the state in any negotiations relative to the submission and

approval of a plan, and may make any arrangement or changes in its plan not inconsistent with this

chapter that may be required by the Food Stamp Act or the rules and regulations promulgated

pursuant to it to obtain and retain such approval and to secure for this state the benefits of the

provisions of the federal act relating to food stamps.;

     (2) The department shall make reports to the federal government, or any agency or

department of it, in the form and nature required by it, and in all respects comply with any request

or direction of the federal government, or any agency or department of it, that may be necessary to

assure the correctness and verification of the reports; and

     (3) The department shall develop a plan to streamline the application, certification, and

recertification process for SNAP beneficiaries aged sixty (60) years and over.

     (c) The department is authorized and directed to pay one hundred percent (100%) of the

state's share of the administrative cost involved in the operation of the food stamp program.

     (d) No person shall be ineligible for food stamp benefits due solely to the restricted

eligibility rules otherwise imposed by § 115(a)(2) of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193), 21 U.S.C. § 862a(a)(2), and as this

section may hereafter be amended.


 

 

894)

Section

Amended Chapter Numbers:

 

40-8.8-7

435 and 436

 

 

40-8.8-7. Regulations and commencement of program.

     (a) The department of human services shall submit the Medicaid state plan amendment and

promulgate any rules or regulations necessary to implement the provisions of this chapter,

contingent upon, and immediately following, federal approval of any program of all-inclusive care

of the elderly.

     (b) Contingent upon completion of the Medicaid state plan amendment process, and the

appropriation of necessary funding to implement the program, the program of all-inclusive care for

the elderly shall commence on July 1, 2005.

     (c) Each hospital licensed in this state under chapter 17 of title 23, must accept as payment

in full for providing professional component, technical component, or globally billed services to a

person enrolled in a program of all-inclusive care for the elderly, no more than one hundred percent

(100%) of what Medicare would pay such the hospital for providing the same services.

     (d) A hospital-owned or controlled professional practice or affiliate thereof must accept as

payment in full for providing professional services to a person enrolled in a program of all-inclusive

care for the elderly, no more than one hundred percent (100%) of what Medicare would pay the

relevant professional for providing the same services.

     (e) For purposes of section subsection (d):

     (1) A "hospital-owned or controlled professional practice" means a practitioner's

(physician, dentist, or other healthcare provider) office or group of practitioners' offices (whether

organized as a non-profit nonprofit corporation, professional service corporation, partnership,

organization, or association) that is directly or indirectly owned or controlled by a hospital licensed

under chapter 17 of title 23, or is directly or indirectly owned or controlled by an affiliate of such

a hospital; and

     (2) An "affiliate" means an entity that is controlled by, in control of, or in common control

with, another entity.


 

 

895)

Section

Amended Chapter Numbers:

 

40-11-7

47 and 48

 

 

40-11-7. Investigation of reports -- Petition for removal from custody -- Report to

child advocate -- Attorney general -- Court-appointed special advocate -- Children's advocacy

center.

     (a) The department shall investigate reports of child abuse and neglect made under this

chapter in accordance with the rules the department has promulgated and in order to determine the

circumstances surrounding the alleged abuse or neglect and the cause thereof. The investigation

shall include personal contact with the child named in the report and any other children in the same

household. Any person required to investigate reports of child abuse and/or neglect may question

the subjects of those reports with or without the consent of the parent or other person responsible

for the child's welfare. The interviewing of the child or children, if they are of the mental capacity

to be interviewed, shall take place in the absence of the person or persons responsible for the alleged

neglect or abuse. In the event that any person required to investigate child abuse and/or neglect is

denied reasonable access to a child by the parents or other person, and that person required to

investigate deems that the best interests of the child so require, they may request the intervention

of a local law enforcement agency, or seek an appropriate court order to examine and interview the

child. The department shall provide such social services and other services as are necessary to

protect the child and preserve the family.

     (b) In the event that after investigation it is determined by the department that the child is

being or has been abused or neglected but that the circumstances of the child's family or otherwise

do not require the removal of the child for his or her protection, the department may allow the child

to remain at home and provide the family and child with access to preventative support and services.

In addition, the department is authorized to petition the family court for an order for the provision

of treatment of the family and child. Provided, further, the department shall notify the children's

advocacy center of all suspected cases of child sexual abuse.

     (c) The department shall have the duty to petition the family court for removal of the child

from the care and custody of the parents, or any other person having custody or care of the child, if

there is a determination that a child has been abused or neglected; which results in a child death,

serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act that

represents an imminent risk of serious harm. In addition, in cases of alleged abuse and/or neglect,

the department may petition the family court for the removal of the alleged perpetrator of that abuse

and/or neglect from the household of the child or children when the child or children are eleven

(11) years of age or older. It shall be the responsibility of the department to make the parent or

other person responsible for the child's welfare aware of the court action, the possible consequences

of the court action, and to explain the rights of the parent relative to the court action.

     (d) The department shall forward immediately any reports of institutional child abuse and

neglect to the child advocate who shall investigate the report in accordance with chapter 73 of title

42, and also to any guardian ad litem and/or attorney of record for the child.

     (e) In the event that after investigation the department takes any action regarding placement

of the child, the department shall immediately notify the child advocate of such action.

     (f) In the event that after investigation the department has reasonable cause to know or

suspect that a child has been subjected to criminal abuse or neglect, the department shall forward

immediately any information as it relates to that knowledge or suspicion to the law enforcement

agency.

     (g) If a report is accepted as a valid allegation of abuse or neglect, the department shall

collect information concerning the military status of the parent or guardian of the child who is the

subject of the report and shall share information about the allegation with the appropriate military

authorities.


 

 

 

896)

Section

Added Chapter Numbers:

 

40-11-20

47 and 48

 

 

40-11-20. Military family advocacy program.

     (a) The department shall enter into a memorandum of understanding with the military

family advocacy program at a local military installation with respect to child abuse and neglect

investigations.

     (b) Such memorandum of understanding shall establish procedures and protocols for

matters including, but not limited to:

     (1) Identifying an individual alleged to have committed abuse or neglect as military

personnel;

     (2) Reporting to a military family advocacy program when an investigation implicating

military personnel has been initiated; and

     (3) Maintaining confidentiality requirements under state and federal law.

     (c) For the purposes of this section, "military family advocacy program" means the program

established by the United States Department of Defense to address child abuse and neglect in

military families.


 

 

 

897)

Section

Amended Chapter Numbers:

 

40.1-25.1-3

348 and 349

 

 

40.1-25.1-3. Criminal records check requirement.

     (a) Any facility or program licensed by the department pursuant to § 40.1-24-1 et seq. and

any facility or program operated by the department shall require all applicants for employment, if

that employment involves routine contact with patients, residents, or clients without the presence

of other employees, to apply to the bureau of criminal identification of the state police or the local

police department or, for organizations employing two hundred fifty (250) or more employees only,

the office of the attorney general for a nationwide criminal records check. The check will conform

to the applicable state and federal standards, including the taking of fingerprints of the applicant.

Fingerprints shall be initially submitted to the office of the attorney general for a check of state

records and thereafter forwarded to the Federal Bureau of Investigation ("FBI") for a national

criminal history check. The criminal records checks as required by this section shall be conducted

for every five (5) years of continuous employment from the date of the previous criminal

background check.

     (b) If any disqualifying information is discovered with respect to the applicant, the bureau

of criminal identification of the state police or the local police department or the office of the

attorney general will inform the employer, in writing, without disclosing the nature of the

disqualifying information, that an item of disqualifying nature has been discovered. In addition, the

bureau of criminal identification of the state police or the local police department or the office of

attorney general will inform the applicant, in writing, of the nature of the disqualifying information.

An applicant against whom disqualifying information has been found may request that a copy of

the criminal background report be sent to the employer who shall make a judgment regarding the

employment of the applicant. The results of the national criminal records check shall be made

available to the applicant undergoing a record records check and submitting fingerprints.

     (c) In those situations in which no disqualifying information has been found, the bureau of

criminal identification of the state police or the local police department or the office of the attorney

general shall inform both the applicant and the employer of this fact.

     (d) The employer will maintain on file, subject to investigation by the department, evidence

that criminal records checks in accordance with this statute have been initiated on all employees

seeking employment after August 1, 2001, and the results of the checks. Failure to maintain the

evidence on file will be prima facie grounds to revoke the license or certification of the operator of

any facility or program licensed or certified by the department.

     (e) It shall be the responsibility of the bureau of criminal identification of the state police

or the local police department or the office of the attorney general to conduct the national criminal

records check for the applicant. Any expense associated with obtaining the criminal records check

required pursuant to subsection (a) of this section with respect to organizations employing two

hundred fifty (250) or more employees, including the taking of fingerprints of the applicant, shall

be paid by the organization requiring the criminal records check.


 

 

 

898)

Section

Amended Chapter Numbers:

 

40.1-29-3

286 and 287

 

 

40.1-29-3. Members.

     (a) The council shall consist of thirty-one (31) thirty-two (32) voting members.

     (1) There shall be four (4) members of the legislature, two (2) shall be from the senate and

shall be appointed by the senate president to serve for their legislative term, one from each of the

major political parties, and two (2) shall be from the house of representatives and shall be appointed

by the speaker to serve for their legislative term, one from each of the two (2) major political parties.

     (2) The nonlegislative members shall be the executive director of the Substance Use and

Mental Health Leadership Council of RI, the mental health advocate, the child advocate, and a

representative of the AFL-CIO to be appointed by the governor, and the president of the Hospital

Association of Rhode Island or a designee thereof.

     (3) The remaining twenty-three (23) public members shall be appointed by and serve at the

pleasure of the governor and shall represent community interests such as substance use disorder

treatment and prevention professionals; youth with behavioral health challenges, or their

representatives; consumers of substance-use disorder programs and their families; mental health

treatment professionals; adult and elderly consumers of mental health services and their families;

families of children who are consumers of mental health and substance-use disorder services; the

judiciary; criminal justice officials; and local government officials.

     (4) Not less than fifty (50%) percent of the public members shall be individuals who are

not state employees or providers of behavioral health services.

     (5) There shall be sufficient representation by the families of children who are consumers

of mental health and substance-use disorder services in order to ensure adequate representation of

such children.

     (6) Every effort shall be made to ensure that appointed members represent the cultural

diversity of the state.

     (7) All members shall have demonstrable expertise in, or experience with, substance use

disorders or mental health services in Rhode Island. In addition, the directors, or their designees,

of the departments of children, youth and families; corrections; education; health; human services;

behavioral healthcare, developmental disabilities and hospitals; the office of healthy aging; the

attorney general, or designee, and the executive director of the Rhode Island justice commission

shall serve as ex officio and without a vote as members of the council.

     (b) Any vacancy that may occur in the council shall be filled in the same manner as the

original appointments.

     (c) The governor shall designate one member as the chairperson of the council.


 

 

 

899)

Section

Added Chapter Numbers:

 

42-4-23

93 and 94

 

 

42-4-23. State fossil.

     The trilobite, a fossilized marine animal commonly found in Rhode Island, is hereby

designated the state fossil.


 

 

900)

Section

Amended Chapter Numbers:

 

42-6.2-4

374 and 375

 

 

42-6.2-4. Advisory board established -- Members.

     (a) The Rhode Island executive climate change coordinating council advisory board is

hereby established. The advisory board shall have thirteen (13) fourteen (14) members. Five (5)

Six (6) members shall be appointed by the governor, four (4) of whom shall be representatives of

city or town government, at least one of whom shall be from a city with a population of over fifty

thousand (50,000); and one of whom shall be of a town with a population of less than fifty thousand

(50,000), and one of whom shall be from an organization representing or serving low-income

and/or minority communities, and one member of the public with expertise in, and representing the

interests of, environmental justice.

     Four (4) members shall be appointed by the president of the senate, who shall give due

consideration to appointing persons with expertise in economic policy and/or workforce

development; protection of natural and cultural resources management; energy planning and

development; and engineering and design. Four (4) members shall be appointed by the speaker of

the house, who shall give due consideration to appointing persons with expertise in education;

public health and safety; housing; or from organizations representing or serving youth or the

elderly.

     (b) The members of the advisory board shall be appointed for terms of three (3) years;

provided, however, that, with regard to the initial appointments, four (4) members shall be

appointed for terms of one year; four (4) five (5) members shall be appointed for a term of two (2)

years; and five (5) members shall be appointed for a term of three (3) years. Members may be

reappointed, and their appointments shall continue until their successors are appointed. The term

of a member representing a city or town shall end when the member no longer holds an elected or

appointed position in the city or town he or she was representing. A vacancy other than by

expiration shall be filled in the manner of the original appointment, but only for the unexpired

portion of the term.

     (c) The members of the advisory board shall receive no compensation.

     (d) The governor shall appoint a chairperson; a vice-chairperson and secretary shall be

elected annually by the advisory board members. All officers of the advisory board shall serve until

their successors have been duly appointed or elected.

     (e) The advisory board shall meet at least quarterly or at the call of the chairperson of the

council. The chairperson of the council, or his or her designee, shall be present for all advisory

board meetings.

     (f) The advisory board shall have the following purposes and duties:

     (1) Advise the council on all matters pertaining to the duties and powers of the council,

including evaluating and making recommendations regarding plans, programs, and strategies

relating to climate change mitigation and adaptation;

     (2) Assist the council in improving public access to, and understanding of, the best

available scientific, technical, and other information about climate change, mitigation, adaptation,

etc., so as to build public support for, and participation in, initiatives to make communities more

resilient;

     (3) Serve as a conduit for communicating information from the council to communities and

constituencies, as well as vice versa, for input from the community level to the council;

     (4) Assist the council in meeting its own transparency and accountability obligations;

     (5) Report to the council at each regular council meeting; and

     (6) Prepare an annual report, to be included in the annual report of the council, that

specifically addresses the state of public awareness and engagement; the effectiveness of

mitigation, adaptation and public information programs from the community perspective; the

ability of the council to attain its goals and objectives, including effective interagency coordination

and public-private partnerships; and actions that would further the purposes of the council and this

legislation.

     (g) For purposes of this section, "environmental justice" means the fair treatment and

meaningful involvement of all people regardless of race, color, national origin, English proficiency,

or income with respect to the development, implementation, and enforcement of environmental

laws, regulations, and policies.


 

 

901)

Section

Added Chapter Numbers:

 

42-7-9

59 and 60

 

 

42-7-9. Cybersecurity incident response group.

     (a) The governor shall establish a cybersecurity incident response group, which shall

include the superintendent of the Rhode Island state police, or designee,; the adjutant general of

the Rhode Island national guard, or designee,; the director of the Rhode Island division of

information technology, or designee,; the director of the Rhode Island emergency management

agency, or designee,; the executive director of the Rhode Island League of Cities and Towns, or

designee; and the secretary of state, or designee.

     (b) The cybersecurity incident response group shall:

     (1) Establish communication protocols in the event of a breach of cybersecurity in any

agency or public body. The protocols shall include, but not be limited to:

     (i) A list of potential cybersecurity breaches that would require reporting;

     (ii) State and local entities covered within the communication plan;

     (iii) Mechanisms to communicate a cybersecurity breach in a timely manner to members

of the public and other relevant parties who may be affected by the breach; and

     (iv) Primary contact at each agency or public body.

     (c) The cybersecurity incident response group shall also establish long-term policy

planning and goals for the state and municipalities regarding evolving cybersecurity threats and

how to address them in a coordinated manner.

     (d) The cybersecurity incident response group shall be subject to chapter 46 of this title 42,

("open meetings"), and chapter 2 of title 38, ("access to public records").


 

902)

Section

Amended Chapter Numbers:

 

42-8.1-2

127 and 128

 

 

42-8.1-2. Definitions.

     For the purpose of this chapter:

     (1) "Agency" or "public body" means any executive, legislative, judicial, regulatory,

administrative body of the state or any political subdivision thereof; including, but not limited to

the leadership of the general assembly, chairperson in the house and senate, public officials elected

or appointed and any department, division, agency, commission, board, office, bureau, authority,

any school, fire, or water district, or other agency or quasi-public agency of state or local

government which that exercises governmental functions, any other public or private agency,

person, partnership, corporation, or business entity acting on behalf of any public agency.

     (2) "Archive" means an establishment maintained primarily for the storage, servicing,

security, and processing of records that must be preserved permanently for historical, legal, or other

value and need not be retained in office equipment and space.

     (3)(14) "Archivist" "State archivist" means the state archivist, the director of the division

of state archives individual who coordinates, directs, and administers the activities and

responsibilities of the state archives.

     (4) "Authenticated copies" means exact copies or reproductions of records or other

materials that are certified as such under seal and that need be legally accepted as evidence.

     (5) "Commission" means the Rhode Island historical records commission.

     (6)(5) "Custodian" means and includes the official custodian or any authorized person

having personal custody and control of the public records in question.

     (7)(6) "Division" means the division of state archives of the department of state.

     (8)(7) "Official custodian" means and includes any officer or employee of the state or any

agency, institution, or political subdivision thereof, who is responsible for the maintenance, care,

and keeping of public records, regardless of whether such records are in his or her actual personal

custody and control.

     (8) "Permanent records" means public records or records which that are established in the

records retention schedule at the time of creation, which shall not be destroyed, and are determined

to have enduring, legal, and historical value to the state.

     (9) "Person" means and includes any natural person, corporation, partnership, firm, or

association.

     (10) "Personal paper(s)" means documents unrelated to work but maintained at a place of

work by an employee or general officers of the state government of Rhode Island.

     (10)(11) "Political subdivision" means and includes every city, town, school district, fire

district, water or sanitation district, or any other special district or other quasi-public agency within

the state.

     (11)(12) "Public record" or "public records" means public records as defined in chapter 2

of title 38, "Access to Public Records".

     (12)(13) "Records" means all books, letters, papers, maps, photographs, tapes, films, sound

recordings, machine-readable records, or any other documentary materials, regardless of physical

form or characteristics, made or received by any governmental agency, office, or general officer in

pursuance of law or in connection with the transaction of public business and preserved or

appropriate for preservation by the agency or its legitimate successor as evidence of the

organization, functions, policies, decisions, procedures, operations, or other activities of the

government or because of the value of the official government data contained therein. As used in

this part 1, the following are excluded from the definition of records:

     (i) Materials preserved or appropriate for preservation because of the value of the data

contained therein other than that of an official government nature or because of the historical value

of the materials themselves;

     (ii) Library books, pamphlets, newspapers, or museum material made, acquired, or

preserved for reference, historical, or exhibition purposes;

     (iii) Private papers, manuscripts, letters, diaries, pictures, biographies, books, and maps,

including materials and collections previously owned by persons other than the state or any political

subdivision thereof;

     (iv) Extra copies of publications or duplicated documents preserved for convenience of

reference; and

     (v) Stocks of publications.

     (13)(14)(3) "State archives" or "archives of the state" "Archives of the state" means those

official records that have been determined by the state archivist to have sufficient historical, legal,

or other permanent value to warrant their continued preservation by the state, and have been

accepted by the state archivist for deposit in his or her custody.

     (14)(15) "State archives" means an establishment maintained by the division for the

preservation of those public records that have been determined by the division to have sufficient

historical or other value to warrant their continued preservation by the state and have been accepted

by the division for deposit in its custody the official state repository or any other repository

approved by the state archivist for long-term or permanent records.

     (15) "Trust fund" means the archives trust fund.


 

 

 

903)

Section

Amended Chapter Numbers:

 

42-8.1-3

127 and 128

 

 

42-8.1-3. State archives created.

     (a) There shall be an establishment known as "the archives of the state of Rhode Island",

also referred to in this chapter as "the state archives" or "the division".

     (b) The state archives shall be a division of the department of state, as mandated by § 42-

8-19.

     (c) Except as provided by §§ 42-10-9 and 38-3-6, the division shall be the official custodian

and trustee for the state of all public permanent records, of permanent historical, legal or other

value, regardless of physical form or characteristics, which that are transferred to it from any public

office of the state or any political subdivision thereof.


 

 

904)

Section

Amended Chapter Numbers:

 

42-8.1-4

127 and 128

 

 

42-8.1-4. Officers.

     (a) The chief administrative officer of the division shall be the state archivist.

     (b) The state archivist shall be appointed by the secretary of state:

     The state archivist shall be appointed based upon the professional qualifications required

to perform the duties and responsibilities of the office of state archivist. The state archivist may be

removed by shall serve at the pleasure of the secretary of state.

     (c) There shall be in the division a deputy state archivist who shall be appointed by the

secretary of state and who shall serve at the pleasure of the secretary of state. The deputy state

archivist shall perform such functions as the state archivist shall designate. During any absence or

disability of the state archivist, the deputy state archivist shall act as state archivist. In the event of

a vacancy in the office of the state archivist, the deputy state archivist shall act as state archivist

until an a state archivist is appointed under subsection (b) of this section.

     (d) The state archivist and deputy state archivist shall be compensated at a salary to be

determined by the secretary of state, which salary shall be reviewed and approved by the department

of administration.


 

 

 

905)

Section

Amended Chapter Numbers:

 

42-8.1-5

127 and 128

 

 

42-8.1-5. Duties and responsibilities.

     (a) The state archivist under the direction of the secretary of state shall be responsible for

the proper administration of public permanent records, of permanent historical or other value

including public records with a minimum retention of twenty (20) years, possessing enduring value

pursuant to § 38-3-6. It shall be his or her duty to determine and direct the administrative and

technical procedures of the division. He or she shall study the problems of preservation and

disposition of records as defined in this chapter and based on such the study shall formulate and

put into effect, to the extent authorized by law, within the division or otherwise, such programs as

he or she deems advisable or necessary for public records of permanent historical or other value by

agencies of the state or political subdivisions thereof.

     (b) The state archives shall reserve and administer such those records as shall be transferred

to its custody, and to accept, arrange, and preserve them, according to approved archival practices

and to permit them at reasonable times and under the supervision of the division to be inspected,

examined, and copied; provided that any record placed in the keeping of the division under special

terms or conditions restricting their use shall be made accessible only in accordance with such terms

and conditions.

     (c) The state archivist shall cooperate with and assist insofar as practicable, state

institutions, departments, agencies, the counties, municipalities, and individuals engaged in

activities in the field of state archives, manuscripts, and to accept from any person any papers,

books, records, and similar materials which that in the judgment of the division warrant

preservation in the state archives.

     (d) Except as otherwise expressly provided by law, the state archivist may delegate any of

the functions of the state archivist to such officers and employees of the division as the state

archivist may deem to be necessary or appropriate. A delegation of the functions by the state

archivist shall not relieve the state archivist of responsibility for the administration of such the

functions.

     (e) The secretary of state may organize the division as he or she finds necessary or

appropriate.

     (f) The secretary of state may establish advisory committees to provide advice with respect

to any function of the state archivist or the division. Members of any such committee shall serve

without compensation.

     (g) The state archivist shall advise and consult with interested federal, state, and local

agencies with a view to obtaining their advice and assistance in carrying out the purposes of this

chapter.

     (h) The state archivist shall provide a public research room where, under policies

established by the division, the materials in the state archives may be studied.

     (i) The state archivist shall conduct, promote, and encourage research in Rhode Island

history, government, and culture, and to maintain a program of information, assistance,

coordination, and guidance for public officials, educational institutions, libraries, the scholarly

community, and the general public engaged in such research.

     (j) The state archivist, with the approval of the secretary of state, shall cooperate with and,

insofar as practicable, assist agencies, libraries, institutions, and individuals in projects designed to

preserve original source materials relating to the state history, government, and culture, and to

prepare and publish in cooperation with the public records administration, handbooks, guides,

indexes, and other literature directed toward encouraging the preservation and use of the state's

documentary resources.

     (k) The state archivist shall serve as a member of the coordinating council for state library,

archival and information services.

     (l) The state archivist shall submit to the general assembly, as part of the annual report for

the state archives, a yearly preservation plan for addressing the preservation needs and objectives

for the division to be accomplished during the coming year. This report will include a review of

past preservation initiatives within the department as well as the projected cost(s) for new

initiatives.

     (m) The state archivist shall submit a disaster preparedness plan for the state archives. The

plan will be placed on file with the secretary of state, department of state library services, and the

general assembly and will be updated annually.


 

 

906)

Section

Amended Chapter Numbers:

 

42-8.1-6

127 and 128

 

 

42-8.1-6. Personnel and services.

     (a) The secretary of state is authorized to select, appoint, and employ such unclassified

officers and employees, as are necessary to perform the functions of the state archivist and the

division.

     (b) The secretary of state is authorized to obtain the services of experts and consultants as

necessary for the performance of the functions of the state archivist and the division.

     (c) The state archivist, in carrying out the functions of the state archivist or the division, is

authorized to utilize the services of officials, officers, and other personnel in other agencies of the

state and its political subdivisions, with the consent of the head of the agency concerned.

     (d) The state archivist is authorized to accept and utilize voluntary and uncompensated

services.


 

 

907)

Section

Amended Chapter Numbers:

 

42-8.1-7

127 and 128

 

 

42-8.1-7. Administration of state archives.

     (a) The state archivist, whenever it appears to him or her to be in the public interest, is

hereby authorized:

     (1) To accept for deposit with the state archives the permanent records of any state or local

agency, general officer, or of the general assembly that are determined to have sufficient historical

or other value to warrant their continued preservation by the state archives;

     (2) To provide access to the permanent records of any state or local agency, general officer,

or of the general assembly upon transfer in accordance with § 38-2-2, with exception only for

records not deemed public for purposes of § 38-2-2;

     (2)(3) To direct and effect, with the approval of the head of the originating agency (or if

the existence of such the agency shall have been terminated, then with the approval of his or her

successor in function, if any) the transfer of permanent records of permanent legal or historical

value to into the archives of the state provided, that the title to such the records shall be vested in

the state archives; and

     (3)(4) To direct and effect the transfer of materials from private sources authorized to be

received by the state archivist under the provisions of this chapter.

     (b) The state archivist shall be responsible for the custody, use, and withdrawal of records

transferred to him or her; provided, that whenever any records the use of which is subject to

statutory limitations and restrictions are so transferred, permissive and restrictive statutory

provisions with respect to the examination and use of the records applicable to the head of the

agency from which the records were transferred or to employees of that agency shall thereafter

likewise be applicable to the archivist, and to the employees of the state archives respectively;

provided, further that whenever the head of any agency shall specify in writing restrictions that

appear to him or her to be necessary or desirable in the public interest, on the use or examination

of records being considered for transfer from his or her custody, to the state archivist shall impose

such restrictions in accordance with § 38-2-2(4) on the records so transferred, and shall not remove

or relax the restrictions without the concurrence in writing of the head of the agency from which

the material shall have been transferred (or if the existence of the agency shall have been

terminated, then he or she shall not remove or relax such restrictions without the concurrence of

the successor in function, if any, of the agency head); provided, however, that statutory and other

restrictions referred to in the provisions of this subsection shall remain in force or effect after the

records have been in existence for a maximum of fifty (50) years unless the archivist by order shall

determine with respect to specific bodies of records that the restrictions shall remain in force and

effect for a longer period; and provided further that restrictions on the use or examination of records

deposited with the archives of the state heretofore imposed and now in force and effect shall

continue in force and effect regardless of the expiration of the tenure of office of the official who

imposed them but may be removed or relaxed by the archivist with the concurrence in writing of

the head of the agency from which material has been transferred (or if the existence of the agency

shall have been terminated, then with the concurrence in writing of his or her successor in function,

if any).

     (c) The state archivist shall make provisions for the preservation, arrangement, repair and

rehabilitation, duplication and reproduction (including microfilms), description, and exhibition of

records transferred to him or her as may be needful or appropriate., including the preparation and

publication of inventories, indexes, catalogs, and other finding aids or guides facilitating their use;

and, when When approved by the secretary of state, he or she may also publish such historical

works and collections of sources as seem appropriate for printing or otherwise recording at the

public expense.

     (d) The state archivist, with the approval of the secretary of state, shall make provisions

and maintain such facilities as he or she deems necessary or desirable for servicing records in his

or her custody. The facilities shall meet recognized archival standards.

     (e) The state archivist may accept for deposit pursuant to the state archives collection and

acquisition policy, in consultation with agencies, and approved by the secretary of state:

     (1) The personal papers and other personal historical documentary materials of

predecessors or successors of the following officials: Rhode Island general office holders, general

assembly leadership and chairpersons, mayors, and town administrators as the state archivist may

designate, offered for deposit under restrictions respecting their use specified in writing by the

prospective depositors; provided, that restrictions so specified on the materials, or any portions

thereof, accepted by the state archivist for deposit shall have force and effect during the lifetime of

the depositor or for a period not to exceed twenty-five (25) years, whichever is longer, unless sooner

terminated in writing by the depositor or his or her legal heirs; and provided, further, that the state

archivist determines that the materials accepted for deposit will have continuing historical or other

value;

     (2) The original executive orders, official correspondence, and other records of government

business of predecessors or successors of the following officials: Rhode Island general office

holders, general assembly leadership and chairpersons, mayors, and town administrators;

     (2)(3) The original acts, resolutions, and other proceedings of the general assembly shall

be deposited and safely kept in the division of state archives of the department of state, and shall

not be removed therefrom except upon the order of the general assembly, or upon process issued

by the supreme or superior court or by a justice of either of said courts per the provisions of § 43-

2-3;

     (3)(4) Motion-picture films, still pictures, and sound recordings from public and private

sources that are appropriate for preservation by the state government as evidence of its organization,

functions, policies, decisions, procedures, and transactions. Title to materials so deposited under

this subsection shall pass to and vest in the state archives.; and

     (4)(5) Burial records from any private or nonprofit cemetery association or perpetual care

society or any funeral director which has ceased operations.

     (f) The state archivist is hereby authorized to preserve video tapes, motion-picture films,

still pictures, and sound recordings pertaining to and illustrative of the historical development of

the state and its activities, and to make provisions for preparing, editing, titling, scoring, processing,

duplicating, reproducing, exhibiting, and releasing for nonprofit educational purposes, motion-

picture films, still pictures, and sound recordings in his or her custody.

     (g)(1) The state archivist is hereby authorized to establish a unit within the division which

shall be known as the local government records program and which shall be primarily responsible

for assisting cities and towns with the care and management of their public records. The program

shall be charged with designing and implementing a training program for local government records

keepers; publishing retention schedules for the proper disposition of public records in local

governments; and providing technical and advisory assistance in the storage, preservation, and

ongoing maintenance of the records of local governments.

     (2) The state archivist shall submit a yearly report on the progress of the local government

records program to the general officers and to the general assembly. The state archivist shall be

permitted to request funding as part of the operating budget of the office of secretary of state to

operate this program.


 

 

 

908)

Section

Amended Chapter Numbers:

 

42-8.1-9

127 and 128

 

 

42-8.1-9. Access to public records.

     The state archivist, in person or through a deputy, shall have the right of reasonable access

to all public records in the state, or any public offices or general officers of the state or any city,

municipality, district, or political subdivision thereof, and research, with a view to securing their

safety and determining the measures necessary to secure their preservation and conservation.


 

 

 

909)

Section

Amended Chapter Numbers:

 

42-8.1-10

127 and 128

 

 

42-8.1-10. Determination of value.

     Every public officer who has public records in his or her custody shall consult periodically

with the state archivist together with the state auditor, and the attorney general, and those officers

shall determine whether the records in question are of permanent records legal or historical value.

Those records unanimously determined not to be of permanent legal or historical value records

shall be disposed of by such tbe method as specified by § 38-3-6. A list of all records so disposed

of, together with a statement certification of records destruction certifying compliance with § 38-

3-6, signed by the state archivist, shall be filed and preserved in the office from which the records

were drawn. Public records in the custody of the state archivist with the approval of the secretary

of state , or designee, may be disposed of upon a similar determination by the attorney general, the

auditor general, and the head of the agency from which the records were received or its legal

successor based upon approved records control schedules.


 

 

 

910)

Section

Amended Chapter Numbers:

 

42-8.1-11

127 and 128

 

 

42-8.1-11. Transfer of records to archives.

     (a) Those records deemed by the public officer having custody thereof to be unnecessary

for the transaction of the business of his or her office and yet deemed by the public records

administrator, attorney general, or the auditor general and the state archivist to be of permanent or

historical value, records may shall be transferred, with the consent of the state archivist, to the

custody of the division of state archives. A list of all records so transferred, together with a

statement certifying compliance with the provisions of this chapter signed by the state archivist,

shall be preserved in the files of the office from which the records were drawn and in the files of

the division.

     (b) Those records created or received by general officers, immediate staff, or a unit or

individual of the executive office whose function is to advise and assist general officers, in the

course of conducting activities which that relate to or have an effect upon the carrying out of the

constitutional, statutory, or other official duties carried out on behalf of the state. Such materials

shall be transferred at the end of the official's final term within thirty (30) days of leaving such the

office.

     (b)(c) Items in the care, custody, and trusteeship of the state archivist which that are not

records as defined by chapter 2 of title 38 and items which that are not records which that are

proposed for disposition but determined to be of historical or museum interest or value by the state

archivist may be transferred to the custody of the Rhode Island historical society or other local

historical societies.

     (c)(d) Qualified researchers, scholars, and students and other appropriate persons

performing qualified research shall have the right of reasonable access to all records in the custody

of the state archivist for purposes of historical reference, research, and information, subject to the

provisions of chapter 2 of title 38. Copies of records, having historical, or museum interest or value

shall be furnished by the state archivist upon request of any person, society, state agency, or

political subdivision, subject to restraints of standard archival practices.

     (d)(e) In the event of disagreement as to the custody of any records as defined in § 38-3-6,

the archivist with the advice of the attorney general and auditor general shall make final and

conclusive determination, and order and direct custody accordingly per § 38-3-6.


 

 

 

911)

Section

Amended Chapter Numbers:

 

42-8.1-12

127 and 128

 

 

42-8.1-12. Violations.

     (a) The state archivist shall, whenever he or she finds that any provisions of this title have

been or are being violated, inform in writing the head of the agency concerned of the violations and

make recommendations regarding means of correcting them. Unless corrective measures

satisfactory to the archivist are inaugurated within a reasonable time, the archivist shall submit a

written report thereon to the governor, and the general assembly.

     (b)(b) The attorney general, on behalf of the state and the division of state archives, may

replevin any public records which that were formerly part of the state of Rhode Island's records.

     (b)(c) The administrator is hereby empowered to bring an action in the superior court for

restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of

any provision of this chapter.


 

 

 

912)

Section

Amended Chapter Numbers:

 

42-8.1-13

127 and 128

 

 

42-8.1-13. Legal status of reproductions.

     (a) When any copy or reproduction, furnished under the terms hereof, is authenticated by

the official seal and certified by the state archivist, the copy or reproduction shall be admitted in

evidence equally with the original from which it was made.

     (b) The state archivist or any other public officer of the state or any city, municipality,

district, or legal subdivision thereof may cause any or all public records, papers, or documents kept

by him or her to be photographed, microphotographed, or reproduced on film or non-erasable

optical disc or through other processes which that accurately reproduce or form a durable medium

for reproducing and preserving the original records. These reproduction processes shall comply

with the standards approved for the reproduction of permanent records under § 38-3-5.1. These

photographs, microphotographs, photographic films, optical discs, or other reproductions shall be

deemed to be original records for all purposes including introductions introduction in evidence in

all courts or administrative agencies. A transcript, exemplification, or certified copy thereof, for all

purposes recited in this section, shall be deemed to be a transcript, exemplification, or certified

copy of the original.

     (c) Whenever these photographs, microphotographs, or reproductions on film or non-

erasable optical discs, or other reproductions properly certified, are placed in conveniently

accessible files and provisions made for preserving, examining, and using the same, any public

officer may cause the original records from which the reproductions have been made, or any part

thereof, to be disposed of according to methods prescribed by §§ 38-1-10 and 38-3-6. These copies

shall be certified by their custodian as true copies of the originals before the originals are destroyed

or lost, and the copies so certified shall have the same force and effect as the originals, provided

the copies meet the standards established under § 42-8-4. Copies of public records transferred from

the office of their origin to the division, when certified by the state archivist or the deputy state

archivist, shall have the same legal force and effect as if certified by the original custodian of the

records.


 

 

 

913)

Section

Amended Chapter Numbers:

 

42-8.1-15

127 and 128

 

 

42-8.1-15. Copying and authenticating charges.

     The state archivist may charge a fee set to recover the costs for making or authenticating

copies or reproductions of materials transferred to his or her custody. This fee shall be fixed by the

secretary of state, at a level which will recover, so far as practicable, all elements of the above costs,

and may include increments for the estimated replacement cost of equipment.


 

 

 

914)

Section

Amended Chapter Numbers:

 

42-8.1-16

127 and 128

 

 

42-8.1-16.  Annual reports report - Disaster Preparedness.

     (a) The secretary of state shall submit for the public records administrator, all general office

holders, to the governor, and the general assembly, and the state publications clearinghouse an

annual report concerning the administration of functions of the state archivist and the division. The

report may include a yearly preservation plan for addressing the preservation needs and objectives

for the division to be accomplished during the coming year. This report shall include a review of

past preservation initiatives within the department as well as the projected cost(s) for new

initiatives.

     (b) The secretary of state shall submit a disaster preparedness plan for the state archives.

The plan will be placed on file in a secure location with the secretary of state, the office of library

and information services, the Rhode Island emergency management agency, and the division of

capital asset management and maintenance and will be updated periodically.


 

 

915)

Section

Amended Chapter Numbers:

 

42-8.1-17

127 and 128

 

 

42-8.1-17. Duties of agencies.

     It shall be the duty of each agency of the state and political subdivision thereof to:

     (1) Cause to be made and preserved records Assist in the creation of record control

schedules containing adequate and proper documentation of the organization, functions, policies,

decisions, procedures, and essential transactions of the agency and designed to furnish the

information necessary to protect the legal rights of the government and of the persons directly

affected by agency's activities public records created or received by the agency until they have met

retention;

     (2) Cooperate fully with the division in complying with the provisions of this chapter;

     (3) Establish and maintain an active and continuing program for the preservation of

permanent records of permanent legal or historical value and assist the division to implement the

provisions of this chapter. Agencies that do not transfer permanent records to the state archives

shall submit an annual preservation report to the state archivesand

     (4) Establish necessary safeguards against the removal or loss of records. These safeguards

shall include notification to all officials and employees of the agency that no records in the custody

of the agency are to be alienated or destroyed except in accordance with the provisions of this

chapter, §§ 38-1-10 and 38-3-6;.

     (5) Designate an agency records officer who shall establish and operate an archives and

records management program for the agency in cooperation with the division of state archives and

the public records administration. This officer may also serve as the agency forms management

representative as required by § 42-84-5.


 

 

 

916)

Section

Amended Chapter Numbers:

 

42-8.1-20

127 and 128

 

 

42-8.1-20. Rhode Island Historical Records Trust established.

     (a) There is hereby established a special fund to be known as the Rhode Island Historical

Records Trust (hereinafter called Trust).

     (b) There is hereby imposed an additional assessment of four dollars ($4.00) for every

instrument filed for recording pursuant to §§ 33-22-21 and 34-13-7.

     (c) On the first of every month, the municipal clerk shall transmit to the state archives three

dollars ($3.00) of the additional assessment collected under subsection (b) of this section for deposit

in the Rhode Island Historical Records Trust. The remaining one dollar ($1.00) of each such

additional assessment shall remain with the local government and be deposited in a local Historical

Records Trust.

     (d) All monies retained by a local government shall be placed in a Historical Record

Records Trust Fund maintained by the local government. The expenditure of these monies shall be

restricted solely to the preservation of public records of historical value maintained by the

municipal clerk or by a municipal archives.

     (e) Use of these funds by the state archives shall be for the development and ongoing

maintenance of a full-time local government records management program component, pursuant

to § 38-3-4, and the state archives and records program. Such program shall be responsible for

providing aid, advice, and assistance to all local governments of this State state concerning the

proper management and preservation of the public records in their custody or care, as required by

other provisions of statute. Funds shall be expended to support administrative and other costs

associated with the provision of consultative and technical services including, but not limited to,

educational programming, micrographics services, and ongoing storage and preservation of local

government records.

     (f) All monies received by the General Treasurer general treasurer and other moneys

appropriated or received for the purposes stated in subsection (b) above shall be deposited in a

restricted account which shall be administered by the state archives.

     (g) Each year the state archives shall review and make recommendations on a proposed

operational and expenditure plan for the RI Rhode Island Historical Records Trust.


 

 

 

917)

Section

Amended Chapter Numbers:

 

42-11-2.7

174 and 175

 

 

42-11-2.7. Office of diversity, equity and opportunity established.

     (a) The office of diversity, equity and opportunity (ODEO) shall be established as a

division within the department of administration. The purpose of the office shall be to ensure

nondiscrimination, diversity, equity, and equal opportunity in all aspects of state government,

including, but not limited to, employment, procurement, policy and practices relative to state

programs, services, and activities.

     (b) The head of this division shall be known as the associate director of ODEO, who shall

be appointed by the director of administration, in the classified service of the state, and shall be

responsible to, and report to, the director. The associate director of ODEO shall oversee the ODEO

in all aspects, including, but not limited to, coordination of the provisions of chapter 14.1 of title

37 (minority business enterprise) and chapter 5.1 of title 28 (equal opportunity and affirmative

action) wherein the ODEO shall have direct administrative supervision of the state's equal

opportunity office.

     (c) ODEO shall have the following duties and responsibilities:

     (1) Develop, administer, implement, and maintain a statewide diversity plan and program,

including an equity, equal-opportunity, minority business enterprise, and supplier-diversity

program, as well as other related plans and programs within the office;

     (2) Provide leadership in the development and coordination of recruitment and retention

activities in order to promote diversity and encourage the use of bias-free methods and practices in

the hiring process, performance reviews, and promotions, and to ensure compliance with applicable

federal and state laws, rules, regulations, and policies;

     (3) Support the growth and development of the state's minority business enterprise program

by engaging in concerted outreach programs to build relationships, maintaining effective programs

to promote minority business enterprise utilization, and facilitating minority business enterprise in

State procurement activities;

     (4) Develop, coordinate, and oversee the recruitment, selection, and retention efforts and

initiatives to promote and achieve the state's diversity goals and objectives, developing and

recommending recruitment strategies, and assisting with special recruitment efforts directed toward

ethnic minorities, women, and other underrepresented groups; and

     (5) Provide leadership in advancing management's understanding, capacity, and

accountability for embedding diversity and equity in employment and human resource management

practices as an integral part of the state's employment opportunities.; and

     (6) Create and execute a strategic plan for increased cultural competency for all state

employees:

     (i) ODEO shall prescribe by regulation a cultural competency model training program;

     (ii) ODEO shall require all state employees to annually receive said the training program

beginning July 1, 2022; and

     (iii) For the purposes of this section, "cultural competency" means an understanding of

how institutions and individuals can respond respectfully and effectively to people from all

cultures, economic statuses, language backgrounds, races, ethnic backgrounds, disabilities,

religions, genders, gender identifications, sexual orientations, veteran statuses, immigration status,

and other characteristics in a manner that recognizes, affirms, and values the worth, and preserves

the dignity, of individuals, families, and communities.

     (d) The director of administration may promulgate rules and regulations recommended by

the associate director in order to effectuate the purposes and requirements of this act.


 

 

 

 

 

918)

Section

Amended Chapter Numbers:

 

42-30-5

438 and 439

 

 

42-30-5. Application for appointment.

     (a) Application. Any individual desiring to be appointed a justice of the peace shall make

written application to the governor over his or her own signature.

     (b) Qualifications of applicants:

     (1) The person qualified for a justice of the peace commission shall be at least eighteen

(18) years of age and reside legally or conduct business on a regular basis within Rhode Island; and

     (2) The applicant for appointment to the office of justice of the peace can speak, read, and

write the English language and has sufficient knowledge of the powers and duties pertaining to that

office.

     (c) Attorneys and accountants. A member of the Rhode Island bar, and certified public

accountants under § 5-3.1-5, shall, regardless of residence, be appointed a justice of the peace upon

application and presentment of a certified copy of his or her certificate of admission to the bar or

certificate of public accountancy.

     (d) Any person making written application to be appointed a justice of the peace shall, at

the time of application, pay to the secretary of state the sum of eighty dollars ($80.00).


 

 

 

919)

Section

Amended Chapter Numbers:

 

42-30.1-2

438 and 439

 

 

42-30.1-2. Definitions.

     For purposes of this chapter, the following definitions apply:

     (1) "Acknowledgment" means a declaration by an individual before a notarial officer that

the individual has signed a record for the purpose stated in the record and, if the record is signed in

a representative capacity, that the individual signed the record with proper authority and signed it

as the act of the individual or entity identified in the record.

     (2) "Commissioning agency" means the Rhode Island office of the secretary of state.

     (3) "Commissioning officer" means the governor of the state of Rhode Island.

     (4) "Communication technology" means an electronic device or process that:

     (i) Allows simultaneous communication by sight and sound between a notary public and a

remotely located individual; and

     (ii) When necessary and consistent with other applicable law, facilitates communication

with a remotely located individual who has a vision, hearing, or speech impairment by providing

reasonable accommodations.

     (4)(5) "Electronic" means relating to technology having electrical, digital, magnetic,

wireless, optical, electromagnetic, or similar capabilities.

     (5)(6) "Electronic signature" means an electronic symbol, sound, or process attached to, or

logically associated with, a record and executed or adopted by an individual with the intent to sign

the record.

     (7) "Foreign state" means a jurisdiction other than the United States, a state, territory, or a

federally recognized Indian tribe.

     (8) "Identity proofing" means a process or service by which a third person provides a notary

public with a means to verify the identity of a remotely located individual by a review of personal

information from public or private data sources.

     (6)(9) "In a representative capacity" means acting as:

     (i) An authorized officer, agent, partner, trustee, or other representative for a person other

than an individual;

     (ii) A public officer, personal representative, guardian, or other representative, in the

capacity stated in a record;

     (iii) An agent or attorney-in-fact for a principal; or

     (iv) An authorized representative of another in any other capacity.

     (7)(10) "Notarial act" means an act, whether performed with respect to a tangible or

electronic record, that a notarial officer may perform under the law of this state. The term includes

taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or

affirmation, witnessing or attesting a signature, certifying or attesting a copy, noting a protest of a

negotiable instrument and transact, do and finish all matters and things relating to protests and

protesting bills of exchange and promissory notes, and all other matters within their office required

by law, take depositions as prescribed by law, and acknowledgments of deeds and other

instruments.

     (8)(11) "Notarial officer" means a notary public or other individual authorized to perform

a notarial act.

     (9)(12) "Notary public" means an individual commissioned to perform a notarial act by the

commissioning officer.

     (10)(13) "Official stamp" means a physical image affixed to a tangible record or an

electronic image attached to, or logically associated with, an electronic record.

     (14) "Outside the United States" means a location outside the geographic boundaries of the

United States, Puerto Rico, the United States Virgin Islands, and any territory, insular possession,

or other location subject to the jurisdiction of the United States.

     (11)(15) "Person" means an individual, corporation, business trust, statutory trust, estate,

trust, partnership, limited-liability company, association, joint venture, public corporation,

government or governmental subdivision, agency, or instrumentality, or any other legal or

commercial entity.

     (12)(16) "Record" means information that is inscribed on a tangible medium or that is

stored in an electronic or other medium and is retrievable in perceivable form.

     (17) "Remotely located individual" means an individual who is not in the physical presence

of the notary public who performs a notarial act pursuant to § 42-30.1-12.1.

     (13)(18) "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.

     (14)(19) "Signature" means a tangible symbol or an electronic signature that evidences the

signing of a record.

     (15)(20) "Stamping device" means:

     (i) A physical device capable of affixing an official stamp upon a tangible record; or

     (ii) An electronic device or process capable of attaching to, or logically associating an

official stamp with, an electronic record.

     (16)(21) "State" means a state of the United States of America, the District of Columbia,

Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States.

     (17)(22) "Verification on oath or affirmation" means a declaration that a statement in a

record is true, made by an individual under oath or by affirmation before a notarial officer.


 

 

 

920)

Section

Amended Chapter Numbers:

 

42-30.1-3

438 and 439

 

 

42-30.1-3. Authority to perform notarial act.

     (a) A notarial officer may perform a notarial act authorized by this chapter or by law of this

state other than this chapter.

     (b) A notarial officer may certify that a tangible copy of an electronic record is an accurate

copy of the electronic record.


 

 

 

921)

Section

Amended Chapter Numbers:

 

42-30.1-4

438 and 439

 

 

42-30.1-4. Requirements for certain notarial acts.

     (a) A notarial officer who takes an acknowledgment of a record shall determine, from

personal knowledge or satisfactory evidence of the identity of the individual, that the individual

appearing before the officer and making the acknowledgment has the identity claimed and that the

signature on the record is the signature of the individual.

     (b) A notarial officer who takes a verification of a statement on oath or affirmation shall

determine, from personal knowledge or satisfactory evidence of the identity of the individual, that

the individual appearing before the notarial officer and making the verification has the identity

claimed and that the signature on the statement verified is the signature of the individual.

     (c) A notarial officer who witnesses or attests to a signature shall determine, from personal

knowledge or satisfactory evidence of the identity of the individual, that the individual appearing

before the notarial officer and signing the record has the identity claimed.

     (d) A notarial officer who certifies or attests a copy of a record or an item that was copied

shall determine that the copy is a full, true, and accurate transcription or reproduction of the record

or item.


 

 

 

922)

Section

Amended Chapter Numbers:

 

42-30.1-5

438 and 439

 

 

42-30.1-5. Personal appearance required.

     If a notarial act relates to a statement made in, or a signature executed upon, a record, the

individual making the statement or executing the signature shall appear personally before the

notarial officer. For purposes of this section, personal appearance means that the principal and the

notary public communicate by communication technology at the time of the notarization; or that

the principal and notary public are physically close enough to communicate with each other at the

time of notarization.


 

 

 

923)

Section

Amended Chapter Numbers:

 

42-30.1-6

438 and 439

 

 

42-30.1-6. Identification of individual.

     (a) A notarial officer has personal knowledge of the identity of an individual appearing

before the notarial officer if the individual is personally known to the notarial officer through

dealings sufficient to provide reasonable certainty regarding that the legal individual has the

identity of the individual claimed.

     (b) A notarial officer has satisfactory evidence of the identity of an individual appearing

before the notarial officer if the notarial officer can identify the individual:

     (1) By means of:

     (i) A passport, driver's license, or government-issued, non-driver identification card, that

is current or expired not more than three (3) years before performance of the notarial act; or

     (ii) Another form of government identification issued to an individual that is current or

expired not more than three (3) years before performance of the notarial act, contains the signature

or a photograph of the individual, and is satisfactory to the notarial officer; or

     (2) By a verification on oath or affirmation of a credible witness personally appearing

before the notarial officer and known to the officer or whom the officer can identify on the basis of

a passport, driver's license, or government issued nondriver identification card, which is current or

expired not more than three (3) years before performance of the notarial act.

     (c) A notarial officer may require an individual to provide additional information or

identification credentials necessary to assure the notarial officer of the identity of the individual.


 

 

 

924)

Section

Amended Chapter Numbers:

 

42-30.1-12

438 and 439

 

 

42-30.1-12. Foreign notarial act.

     (a) In this section, "foreign state" means a government other than the United States of

America or a state not including the state of Rhode Island.

     (b) If a notarial act is performed under authority and in the jurisdiction of a foreign state or

constituent unit of the foreign state, or is performed under the authority of a multinational or

international governmental organization, the act has the same effect under the law of this state as if

performed by a notarial officer of this state.

     (c) If the title of office and indication of authority to perform notarial acts in a foreign state

appears in a digest of foreign law or in a list customarily used as a source for that information, the

authority of an officer with that title to perform notarial acts is conclusively established.

     (d) The signature and official stamp of an individual holding an office described in

subsection (c) of this section are prima facie evidence that the signature is genuine and the

individual holds the designated title.

     (e) A consular authentication issued by an individual designated by the United States

Department of State as a notarizing officer for performing notarial acts overseas and attached to

the record with respect to which the notarial act is performed conclusively establishes that the

signature of the notarial officer is genuine and that the officer holds the indicated office.


 

 

 

925)

Section

Added Chapter Numbers:

 

42-30.1-12.1

438 and 439

 

 

 42-30.1-12.1. Notarial act performed for remotely located individual.

     (a) A remotely located individual may comply with § 42-30.1-5 by using communication

technology to appear before a notary public.

     (b) A notary public located in this state may perform a notarial act using communication

technology for a remotely located individual if:

     (1) The notary public:

     (i) Has personal knowledge under § 42-30.1-6(a) of the identity of the individual;

     (ii) Has satisfactory evidence of the identity of the remotely located individual by oath or

affirmation from a credible witness appearing before the notary public under § 42-30.1-6(b)(2); or

     (iii) Has obtained satisfactory evidence of the identity of the remotely located individual

by using at least two (2) different types of identity proofing;

     (2) The notary public is reasonably able to confirm that a record before the notary public

is the same record in which the remotely located individual made a statement or on which the

individual executed a signature;

     (3) The notary public, or a person acting on behalf of the notary public, creates an audio-

visual recording of the performance of the notarial act; and

     (4) For a remotely located individual located outside the United States:

     (i) The record:

     (A) Shall be filed with or relates to a matter before a public official or court, governmental

entity, or other entity subject to the jurisdiction of the United States; or

     (B) Involves property located in the territorial jurisdiction of the United States or involves

a transaction substantially connected with the United States; and

     (ii) The act of making the statement or signing the record is not prohibited by the foreign

state in which the remotely located individual is located.

     (c) If a notarial act is performed under this section, the certificate of notarial act required

by § 42-30.1-12.2 and the short-form certificate provided in § 42-30.1-12.2 must indicate that the

notarial act was performed using communication technology.

     (d) A short-form certificate provided in § 42-30.1-12.2(g) for a notarial act subject to this

section is sufficient if it:

     (1) Complies with rules adopted under subsection (g)(1) of this section; or

     (2) Is in the form provided in § 42-30.1-12.2(g) and contains a statement substantially as

follows: "This notarial act involved the use of communication technology."

     (e) A notary public, a guardian, conservator, or agent of a notary public, or a personal

representative of a deceased notary public shall retain the audio-visual recording created under

subsection (b)(3) of this section, or cause the recording to be retained by a repository designated

by or on behalf of the person required to retain the recording. Unless a different period is required

by rule adopted under subsection (g)(4) of this section, the recording must be retained for a period

of at least ten (10) years after the recording is made.

     (f) Before a notary public performs the notary public’s initial notarial act under this section,

the notary public must notify the commissioning agency that the notary public will be performing

notarial acts with respect to remotely located individuals and identify the technologies the notary

public intends to use. If the commissioning agency has established standards under subsection (g)

of this section for approval of communication technology or identity proofing, the communication

technology and identity proofing must conform to the standards.


 

 

 

926)

Section

Added Chapter Numbers:

 

42-30.1-12.2

438 and 439

 

 

42-30.1-12.2. Certificate of notarial act for a remotely located individual.

     (a) A notarial act for a remotely located individual pursuant to § 42-30.1-12.1 shall be

evidenced by a certificate. The certificate shall:

     (1) Be executed contemporaneously with the performance of the notarial act;

     (2) Be signed and dated by the notarial officer and, if the notarial officer is a notary public,

be signed in the same manner as on file with the commissioning agency;

     (3) Identify the jurisdiction in which the notarial act is performed;

     (4) Contain the title of office of the notarial officer; and

     (5) If the notarial officer is a notary public, indicate the date of expiration, if any, of the

officer’s commission.

     (b) If a notarial act regarding a tangible record is performed by a notary public, an official

stamp shall be affixed to the certificate. If a notarial act is performed regarding a tangible record

by a notarial officer other than a notary public and the certificate contains the information specified

in subsections (a)(2), (a)(3), and (a)(4) of this section, an official stamp may be affixed to the

certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the

certificate contains the information specified in subsections (a)(2), (a)(3), and (a)(4) of this section,

an official stamp may be attached to or logically associated with the certificate.

     (c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a)

and (b) of this section, and:

     (1) Is in a form otherwise permitted by the laws of this state;

     (2) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act

was performed; or

     (3) Sets forth the actions of the notarial officer and the actions are sufficient to meet the

requirements of the notarial act as provided in §§ 42-30.1-4, 42-30.1-5, and 42-30.1-6 or any other

applicable laws of this state.

     (d) By executing a certificate of a notarial act, a notarial officer certifies that the notarial

officer has complied with the requirements and made the determinations specified in §§ 42-30.1-3,

42-30.1-4, and 42-30.1-5.

     (e) A notarial officer may not affix the notarial officer’s signature to, or logically associate

it with, a certificate until the notarial act has been performed.

     (f) If a notarial act is performed regarding a tangible record, a certificate must be part of,

or securely attached to, the record. If a notarial act is performed regarding an electronic record, the

certificate must be affixed to, or logically associated with, the electronic record.

     (g) The commissioning agency shall develop short-form certificates of notarial acts, if

completed with the information required by subsections (a), (b), and (c) of this section, for the

following purposes:

     (1) An acknowledgment in an individual capacity;

     (2) An acknowledgment in a representative capacity;

     (3) A verification on oath or affirmation;

     (4) Witnessing or attesting a signature;

     (5) Certifying a copy of a record.


 

 

 

927)

Section

Added Chapter Numbers:

 

42-30.1-20.1

438 and 439

 

 

42-30.1-20.1. Fees to perform notarial acts.

     (a) A notary public may charge a fee not to exceed twenty-five dollars ($25.00) per

document or notarization. All fees must be disclosed to any person utilizing the services of the

notary public prior to performance of the notarial act.

     (b) In performing a notarial act for a remotely located individual pursuant to § 42-30.1-

12.1, a notary public may charge a fee not to exceed twenty-five dollars ($25.00) per document or

notarization. All fees must be disclosed to any person utilizing the services of the notary public

prior to the performance of a notarial act pursuant to § 42-30.1-12.1.


 

 

 

928)

Section

Amended Chapter Numbers:

 

42-46-5

9 and 10

 

 

42-46-5. Purposes for which meeting may be closed -- Use of electronic

communications -- Judicial proceedings -- Disruptive conduct.

     (a) A public body may hold a meeting closed to the public pursuant to § 42-46-4 for one

or more of the following purposes:

     (1) Any discussions of the job performance, character, or physical or mental health of a

person or persons provided that the person or persons affected shall have been notified in advance

in writing and advised that they may require that the discussion be held at an open meeting.

     Failure to provide notification shall render any action taken against the person or persons

affected null and void. Before going into a closed meeting pursuant to this subsection, the public

body shall state for the record that any persons to be discussed have been so notified and this

statement shall be noted in the minutes of the meeting.

     (2) Sessions pertaining to collective bargaining or litigation, or work sessions pertaining to

collective bargaining or litigation.

     (3) Discussion regarding the matter of security including, but not limited to, the deployment

of security personnel or devices.

     (4) Any investigative proceedings regarding allegations of misconduct, either civil or

criminal.

     (5) Any discussions or considerations related to the acquisition or lease of real property for

public purposes, or of the disposition of publicly held property wherein advanced public

information would be detrimental to the interest of the public.

     (6) Any discussions related to or concerning a prospective business or industry locating in

the state of Rhode Island when an open meeting would have a detrimental effect on the interest of

the public.

     (7) A matter related to the question of the investment of public funds where the premature

disclosure would adversely affect the public interest. Public funds shall include any investment

plan or matter related thereto, including, but not limited to, state lottery plans for new promotions.

     (8) Any executive sessions of a local school committee exclusively for the purposes: (i) Of

conducting student disciplinary hearings; or (ii) Of reviewing other matters that relate to the privacy

of students and their records, including all hearings of the various juvenile hearing boards of any

municipality; provided, however, that any affected student shall have been notified in advance in

writing and advised that he or she may require that the discussion be held in an open meeting.

     Failure to provide notification shall render any action taken against the student or students

affected null and void. Before going into a closed meeting pursuant to this subsection, the public

body shall state for the record that any students to be discussed have been so notified and this

statement shall be noted in the minutes of the meeting.

     (9) Any hearings on, or discussions of, a grievance filed pursuant to a collective bargaining

agreement.

     (10) Any discussion of the personal finances of a prospective donor to a library.

     (b) No meeting of members of a public body or use of electronic communication, including

telephonic communication and telephone conferencing, shall be used to circumvent the spirit or

requirements of this chapter; provided, however, these meetings and discussions are not prohibited.

     (1) Provided, further however, that discussions of a public body via electronic

communication, including telephonic communication and telephone conferencing, shall be

permitted only to schedule a meeting, except as provided in this subsection.

     (2) Provided, further however, that a member of a public body may participate by use of

electronic communication or telephone communication while on active duty in the armed services

of the United States.

     (3) Provided, further however, that a member of that public body, who has a disability as

defined in chapter 87 of this title and:

     (i) Cannot attend meetings of that public body solely by reason of the member's disability;

and

     (ii) Cannot otherwise participate in the meeting without the use of electronic

communication or telephone communication as reasonable accommodation, may participate by use

of electronic communication or telephone communication in accordance with the process below.

     (4) The governor's commission on disabilities is authorized and directed to:

     (i) Establish rules and regulations for determining whether a member of a public body is

not otherwise able to participate in meetings of that public body without the use of electronic

communication or telephone communication as a reasonable accommodation due to that member's

disability;

     (ii) Grant a waiver that allows a member to participate by electronic communication or

telephone communication only if the member's disability would prevent the member from being

physically present at the meeting location, and the use of such communication is the only

reasonable accommodation; and

     (iii) Any waiver decisions shall be a matter of public record.

     (5) The university of Rhode Island board of trustees members, established pursuant to §

16-32-2, are authorized to participate remotely in open public meetings of the board if they are

unable to be physically present at the meeting location; provided, however, that:

     (i) The remote members and all persons present at the meeting location are clearly audible

and visible to each other;

     (ii) A quorum of the body is participating physically present at the noticed meeting

location;

     (iii) If videoconferencing is used to conduct a meeting, the public notice for the meeting

shall inform the public that videoconferencing will be used and include instructions on how the

public can access the virtual meeting; and

     (iv) The board shall adopt rules defining the requirements of remote participation including

its use for executive session, and the conditions by which a member is authorized to participate

remotely.

     (c) This chapter shall not apply to proceedings of the judicial branch of state government

or probate court or municipal court proceedings in any city or town.

     (d) This chapter shall not prohibit the removal of any person who willfully disrupts a

meeting to the extent that orderly conduct of the meeting is seriously compromised.


 

 

929)

Section

Amended Chapter Numbers:

 

42-55-5.3

407 and 408

 

 

42-55-5.3. Letters of eligibility.

     The corporation shall issue all letters of eligibility for low- and moderate-income housing

for applications made pursuant to chapter 53 of title 45.

     (a) Evaluation of requests for letters of eligibility:

     (1) The corporation shall establish for each application:

     (i) The name and address of the applicant;

     (ii) The address of the site and site description;

     (iii) The number and type (homeownership or rental) of housing units proposed;

     (iv) The name of the housing program under which project eligibility is sought;

     (v) Relevant details of the particular project if not mandated by the housing program

(including percentage of units for low- or moderate-income households, income eligibility

standards, the duration of restrictions requiring low- or moderate-income housing); and

     (2) The corporation shall determine:

     (i) That the proposed project appears generally eligible under the requirements of the

housing program, subject to final review of eligibility and to final approval;

     (ii) That the subsidizing agency, or the corporation, has performed an on-site inspection of

the site and has reviewed pertinent information submitted by the applicant;

     (iii) That an initial pro forma has been reviewed and the project appears financially feasible

on the basis of estimated development costs;

     (iv) That the developer meets the general eligibility standards of the housing program; and

     (v) That the applicant controls the site.

     (b) The corporation shall provide a copy of the letter of eligibility to the administrative

officer of the local review board of the city or town in which the project would be located.

     (c) The corporation shall annually report to the governor, the speaker of the house and the

president of the senate, and the secretary of the state planning council, by February 15:

     (1) The number of letters of eligibility issued, the federal and state subsidy programs under

which they were eligible, and the number of proposed subsidized units involved, by city and town,

during the preceding calendar year;

     (2) The number of units of low and moderate income housing constructed under federal

and state subsidy programs, during the preceding calendar year;

     (3) The average annual number of units of low and moderate income housing constructed

under federal and state subsidy programs for the three (3) preceding calendar years; and

     (4) The number of units of low and moderate income housing likely to be constructed in

the current calendar year based on the three (3) year average of units constructed, adjusted for any

changes in law that either increased or decreased funding available for subsidizing the construction

of low and moderate income housing. The average annual number of units of subsidized low and

moderate income housing, adjusted for any changes in law, shall be a basis for assessing whether

low and moderate income housing goals within affordable housing plans are being implemented.


 

 

930)

Section

Amended Chapter Numbers:

 

42-61-5

63 and 64

 

 

42-61-5. Sales agents.

     (a) For the purpose of this chapter, the term "person" shall be construed to mean and include

an individual, association, partnership, corporation, trust, estate, company, receiver, trustee,

referee, or other person acting in a fiduciary or representative capacity, whether appointed by a

court or otherwise, and any combination of individuals. "Person" shall be construed to mean all

departments, committees, commissions, agencies, and instrumentalities of the state, including

counties and municipalities and agencies and instrumentalities of the state.

     (b)(1) The director of lotteries may license any person as a lottery sales agent as provided

in this chapter. No license shall be issued to any person to engage in the sale of lottery tickets as

his or her sole occupation or business.

     (2) As part of its investigation as to whether to issue a lottery sales agent license, the Rhode

Island lottery shall require criminal background checks of the applicant for a retail sales agent

license as it deems appropriate and said individuals shall apply to the bureau of criminal

investigation of the Rhode Island state police or the Rhode Island department of the attorney general

for a national criminal records check with fingerprinting. The applicant whose criminal records

check is being conducted shall be responsible for the payment of the costs of said criminal records

check. The Rhode Island state police or the Rhode Island department of attorney general, as

applicable, shall send the results of such criminal records check to the Rhode Island lottery. Once

said results are sent to and received by the Rhode Island lottery, the Rhode Island state police and

the Rhode Island department of attorney general shall promptly destroy said fingerprint record(s).

On or before February 1, 2011, the agency shall adopt rules and regulations establishing criteria to

be used in determining whether based upon a criminal records check an application will be

approved.

     (c) Before issuing any license to a lottery sales agent the director shall consider:

     (1) The financial responsibility and security of the person and his or her business or

activity;

     (2) The accessibility of his or her place of business or activity to the public;

     (3) The sufficiency of existing licensed agents to serve the public interest;

     (4) The volume of expected sales by the applicant; and

     (5) Any other factors pertaining to the public interest, convenience, or trust.

     (d) The director shall refuse to grant or shall suspend, pending a hearing before the division,

or recommend a revocation of a license if the applicant or licensee:

     (1) Has been convicted of a felony;

     (2) Has been engaging in gambling as a significant source of income;

     (3) Has been convicted of violating any gambling statutes;

     (4) Has been convicted of fraud or misrepresentation in any connection;

     (5) Has been found to have violated any rule, regulation, or order of the state lottery

division.

     The license of an agent shall be suspended by the director for any charge which that may

result in a conviction for conduct prescribed in subdivisions (d)(1) -- (d)(5); which suspension shall

be effective until a final judicial determination.

     (e) The director shall refuse to grant, or shall suspend, pending a hearing before the

division, or recommend revocation of a license if the applicant or licensee is a corporation:

     (1) Any of whose directors, officers, or controlling shareholders have been found guilty of

any of the activities specified in subsection (d);

     (2) In which it appears to the director of lotteries that due to the experience, character, or

general fitness of any director, officer, or controlling shareholder, the granting of a license as a

lottery sales agent would be inconsistent with the public interest, convenience, or trust;

     (3) Not the owner or lessee of the business at which it will conduct a lottery sales agency

pursuant to the license applied for, or that any person, firm, association, or corporation other than

the applicant shares or will share in the profits of the applicant, other than receiving dividends as a

shareholder, or will participate in the management of the affairs of the applicant.

     (f) Every holder of a license as a lottery sales agent shall renew the license annually

biennially pursuant to the rules and regulations of the division. Licensees shall pay to the division

a fee to be determined by the director upon receipt or renewal of a license.

     (g) Whenever requested by the director, the division of criminal identification of the

department of the attorney general, the superintendent of state police, any superintendent or chief

of police or sergeant of any city or town, shall furnish all information on convictions, arrests, and

present investigations concerning any person who is an applicant for a license or who is a licensee

of the state lottery.

     (h) Notwithstanding any other provision of law, any person licensed as provided in this

chapter is authorized and empowered to act as a lottery sales agent.

     (i) Every licensed sales agent authorized pursuant to this section and every licensed video

lottery retailer authorized by chapter 61.2 of this title shall keep conspicuously posted on his or her

premises the name and telephone number of a council on problem gambling recognized by an

appropriate authority within state government or within the professional field of addiction disorders

and a statement of its availability to offer assistance. The lottery division shall supply each licensee

with the required notice.


 

 

931)

Section

Amended Chapter Numbers:

 

42-61.2-14

104 and 137

 

 

42-61.2-14. Compulsive and problem gambling programs.

     The Division and the state acknowledge that the vast majority of gaming patrons can enjoy

gambling games responsibly, but that there are certain societal costs associated with gaming by

some individuals who have problems handling the product or services provided. The Division and

the State further understand that it is their duty to act responsibly toward those who cannot

participate conscientiously in gaming. Pursuant to the foregoing, Twin River and Twin River-

Tiverton, in cooperation with the State, shall offer compulsive and problem gambling programs

that include, but are not limited to (a) Problem gambling awareness programs for employees; (b)

Player self-exclusion program; and (c) Promotion of a problem gambling hotline. Twin River and

Twin River-Tiverton shall modify their existing compulsive and problem-gambling programs to

include table games and sports wagering to the extent such games are authorized at such facilities.

Twin River and Twin River-Tiverton shall reimburse and pay to the Division no less than two

hundred thousand dollars ($200,000) in aggregate annually for compulsive and problem gambling

programs established by the Division. The contribution from each facility shall be determined by

the Division. A person who is prohibited from gaming in a gaming establishment due to the player

self-exclusion program shall not collect any winnings or recover losses arising as a result of

prohibited gaming activity by said person. Winnings from a self-excluded person, after the

deduction of taxes and other applicable withholdings, shall be forfeited to the division. The division

shall forward such forfeited winnings, up to one hundred fifty thousand dollars ($150,000) per year,

to the Rhode Island Council on problem gambling Problem Gambling for its use for research,

education, and prevention of teenage gambling addiction, with the balance to be transferred by the

division to the general fund.


 

 

 

932)

Section

Amended Chapter Numbers:

 

42-62-13

147 and 148

 

 

42-62-13. Rates charged.

     (a) The rates proposed to be charged or a rating formula proposed to be used by any insurer

or health maintenance organization under this section to employers, the state or any political

subdivision of the state, or individuals, shall be filed by the insurer or health maintenance

organization at the office of the director of business regulation. This section does not apply to any

entity subject to § 27-19-1 et seq., and/or § 27-20-1 et seq. The rates proposed to be charged by

those entities shall be governed by the provisions of § 27-19-1 et seq., and/or § 27-20-1 et seq.

Within sixty (60) days after receipt of the application, the director, or the director's designee, may

hold a hearing upon not less than ten (10) days' written notice prior to the hearings. The notice shall

contain a description of the rates proposed to be charged, and a copy of the notice shall be sent to

the applicant and to the consumer protection unit of the department of attorney general. At any

hearing held under this section, the applicant shall be required to establish that the rates proposed

to be charged or the rating formula proposed to be used are consistent with the proper conduct of

its business and with the interest of the public. Any documents presented in support of a filing of

proposed rates under this section shall be made available for public examination at any time and

place that the director may deem reasonable. The director, or the director's designee, upon that

hearing may administer oaths, examine and cross-examine witnesses, receive oral and documentary

evidence, and shall have the power to subpoena witnesses, compel their attendance and require the

production of all books, papers, records, correspondence, or other documents which he or she

deems relevant. Any designee who shall conduct a hearing pursuant to this section shall report his

or her findings in writing to the director within eighty (80) days of the filing with a recommendation

for approval, disapproval, or modification of the rates proposed to be charged by the applicant. The

recommended decision shall become part of the record. The director shall make and issue a decision

not later than ten (10) days following the issuance of the recommended decision or, if the director

hears the application without the appointment of a designee, as soon as is reasonably possible

following the completion of the hearing on the proposed rate change. The decision may approve,

disapprove, or modify the rates proposed to be charged by the applicant. Insurers requesting

changes in rates shall underwrite the reasonable expenses of the department of business regulation

in connection with the hearing, including any costs related to advertisements, stenographic

reporting, and expert witnesses fees. Notwithstanding any other provisions of law, the filing of

proposed rates or a rating formula and the holding and conduct of any hearings in connection with

these proposed rates or rating formula shall be pursuant to this section.

     (b) Whenever the term "designee" is used in this section, it shall mean a person who is

impartial, a member in good standing of the Rhode Island bar and a person who is sufficiently

acquainted with the rules of evidence as used in the superior court of the state so as to enable that

person to conduct a hearing as designee of the director. The reasonable per diem cost of the designee

as appointed by the director shall be paid by the insurers requesting changes in the rates. The rates

proposed to be charged, or a rating formula proposed to be used, by any health insurer, dental

insurer, or health maintenance organization subject to title 27, to employers, the state or any

political subdivision of the state, or individuals, shall be filed at the office of the health insurance

commissioner (the "commissioner"). The rates proposed to be used by any health insurer, dental

insurer, or health maintenance organization in the individual market as defined in § 27-18.5-2 shall

be filed at the office of the health insurance commissioner and simultaneously with the attorney

general's insurance advocacy unit. The applicant shall be required to establish that the rates

proposed to be charged, or the rating formula proposed to be used, are consistent with the proper

conduct of its business and with the interest of the public. Within ten (10) days after receipt of the

filing, the commissioner shall determine, subject to subsection (b) of this section, whether they

intend to hold a public meeting or a public hearing at which time notice of such determination shall

be sent to the insurance advocacy unit of the attorney general. In the event there is a public hearing,

the attorney general may engage the services of any expert or consultant necessary to assist in

reviewing the filing, including having the ability to seek additional relevant information from the

filer. Any such public hearing shall commence within sixty (60) days after receipt of the filing. The

commissioner, or designee, may hold a hearing upon not less than ten (10) days prior written notice

to the public in a newspaper or newspapers having aggregate general circulation throughout the

state. The notice shall contain a description of the rates proposed to be charged, and a copy of the

notice shall be sent to the applicant and to the insurance advocacy unit of the department of attorney

general. Any documents presented in support of the filing under this section shall be made available

for public examination at any time and place that the commissioner may deem reasonable.

     (b) Notwithstanding any provision of this section to the contrary, the commissioner shall

hold a public hearing in any instance where the applicant covers ten thousand (10,000) or more

enrolled individuals in the individual market, and the rates proposed in the filing for the annual rate

increase for products offered in the individual market produce an overall average-rate increase of

ten percent (10%) or more. The commissioner shall require that any filing for a rate increase for

products offered in the individual market shall include the calculation of the "overall average-rate

increase" in order to determine whether a public hearing is required.

     (1) For the purposes of this section, the calculation of the "overall, average-rate increase"

shall be based on the overall average-increase percent weighted by member premiums, excluding

the effects of age scale increases. To calculate the overall average-rate increase, the applicant shall

multiply the proposed rate increase by product times the total monthly renewing premium for each

product, and then divide the product by the sum of monthly renewing premiums for all products.

The commissioner shall require this calculation to be provided as part of the applicant's individual

market rate filing.

     (c) In the event that subsection (b) of this section, in combination with §§ 27-19-6(f) and

27-20-6(f), would result in more than one public hearing in any given calendar year, the

commissioner may defer one or more public hearing(s) for applicant(s) resulting from subsection

(b) of this section or §§ 27-19-6(f) and 27-20-6(f) until the subsequent calendar year, with the

provision that one of the deferred applicants shall be required to have a public hearing in the

subsequent year whether or not it satisfies the requirements of subsection (b) of this section or §§

27-19-6(f) and 27-20-6(f) for that subsequent calendar year.

     (d) The commissioner shall notify the attorney general of the filing(s) to be deferred and

the attorney general shall be given the opportunity to provide written comments and

recommendations to the commissioner regarding any such filing(s) that is deferred in accordance

with subsection (c) of this section.

     (e) Public Hearings. If a public hearing is held pursuant to subsection (b) of this section,

the commissioner, or designee, upon that hearing may administer oaths, examine and cross-

examine witnesses, receive oral and documentary evidence, and shall have the power to subpoena

witnesses, compel their attendance, and require the production of all books, papers, records,

correspondence, or other documents which they deem relevant. The public hearing shall be held in

accordance with the provisions of chapter 35 of title 42. Any designee who shall conduct a hearing

pursuant to this section shall report their findings in writing to the commissioner, within a

reasonable time following the conclusion of the hearing, with a recommendation for approval,

disapproval, or modification of the rates proposed to be charged by the applicant. The

recommended decision shall become part of the record. The commissioner shall make and issue a

decision not later than ten (10) days following the issuance of the recommended decision or, if the

commissioner hears the application without the appointment of a designee, as soon as is reasonably

possible following the completion of the hearing on the proposed rate change. The decision may

approve, disapprove, or modify the filing.

     (f) Notwithstanding any other provisions of law to the contrary, the filing of proposed rates,

or a rating formula, and the holding and conducting of any public hearing in connection with these

proposed rates, or rating formula, of any health insurer, dental insurer, or health maintenance

organization subject to title 27 shall be held in accordance with the provisions of chapter 35 of title

42.

     (g) Whenever the term "designee" is used in this section, it shall mean a person who is

impartial, a member in good standing of the Rhode Island bar and a person who is sufficiently

acquainted with the rules of evidence as used in the superior court of the state in order to enable

that person to conduct a hearing as designee of the director. The reasonable per diem cost of the

designee as appointed by the director shall be paid by the insurers requesting changes in the rates.

     (h) Public comment. Whether or not a public hearing is held pursuant to subsection (b) of

this section, the commissioner shall solicit public comment regarding the rates proposed to be used.

Public comment shall be solicited upon not less than ten (10) days written notice prior to the date

that either:

     (1) A public meeting at which verbal comments may be provided; or

     (2) That written comment must be received by the commissioner.

     The notice shall contain a description of the rates proposed to be charged, and a copy of

the notice shall be sent to the applicant and to the insurance advocacy unit of the department of

attorney general. The attorney general shall be permitted to conduct discovery in relation to the

actuarial analysis and actuarial assumptions of the filer regarding any filing in the individual market

as defined in § 27-18.5-2. Any documents presented in support of the filing under this section shall

be made available for public examination at a time and place that the commissioner may deem

reasonable.

     (i) The applicant shall bear reasonable expenses of the commissioner in connection with a

filing made pursuant to this section, including any costs related to advertisements, stenographic

reporting, and expert fees, regardless of whether a public hearing is held. The applicant shall bear

reasonable expenses of the attorney general in relation to any public hearing conducted pursuant to

this section. The applicant shall bear reasonable expenses of the attorney general in relation to any

filing in the individual market that is not subject to a public hearing.


 

 

 

933)

Section

Amended Chapter Numbers:

 

42-64.19-3

388 and 442

 

 

42-64.19-3. Executive office of commerce.

     (a) There is hereby established within the executive branch of state government an

executive office of commerce effective February 1, 2015, to serve as the principal agency of the

executive branch of state government for managing the promotion of commerce and the economy

within the state and shall have the following powers and duties in accordance with the following

schedule:

     (1) On or about February 1, 2015, to operate functions from the department of business

regulation;

     (2) On or about April 1, 2015, to operate various divisions and functions from the

department of administration;

     (3) On or before September 1, 2015, to provide to the Senate and the House of

Representatives a comprehensive study and review of the roles, functions, and programs of the

department of administration and the department of labor and training to devise recommendations

and a business plan for the integration of these entities with the office of the secretary of commerce.

The governor may include such recommendations in the Fiscal Year 2017 budget proposal; and

     (4) On or before July 1, 2021, to provide for the hiring of a deputy secretary of commerce

and housing who shall report directly to the secretary of commerce. On July 1, 2022, the deputy

secretary of commerce and housing shall succeed to the position of secretary of housing, and the

position of deputy secretary of commerce and housing shall cease to exist under this chapter. All

references in the general laws to the deputy secretary of commerce and housing shall be construed

to mean the secretary of housing. The secretary of housing shall be appointed by and report directly

to the governor and shall assume all powers, duties, and responsibilities formerly held by the deputy

secretary of commerce and housing. Until the formation of the new department of housing pursuant

to chapter 64.34 of this title 42, the secretary of housing shall reside within the executive office of

commerce for administrative purposes only. The deputy secretary of commerce and housing shall:

     (i) Prior to hiring, have completed and earned a minimum of a master's graduate degree in

the field of urban planning, economics, or a related field of study or possess a juris doctor law

degree. Preference shall be provided to candidates having earned an advanced degree consisting of

an L.L.M. law degree or Ph.D. in urban planning or economics. Qualified candidates must have

documented five (5) years' full-time experience employed in the administration of housing policy

and/or development;

     (ii) Be responsible for overseeing all housing initiatives in the state of Rhode Island and

developing a housing plan, including, but not limited to, the development of affordable housing

opportunities to assist in building strong community efforts and revitalizing neighborhoods;

     (iii) Coordinate with all agencies directly related to any housing initiatives and participate

in the promulgation of any regulation having an impact on housing including, but not limited to,

the Rhode Island housing and mortgage finance corporation, the coastal resources management

council (CRMC), and state departments including, but not limited to: the department of

environmental management (DEM), the department of business regulation (DBR), the department

of transportation (DOT) and statewide planningand the Rhode Island housing resources

commissionand

     (iv) Coordinate with the housing resources commission to formulate an integrated housing

report to include findings and recommendations to the governor, speaker of the house, senate

president, each chamber's finance committee, and any committee whose purview is reasonably

related to, including, but not limited to, issues of housing, municipal government, and health on or

before December 31, 2021, and annually thereafter which report shall include, but not be limited

to, the following:

     (A) The total number of housing units in the state with per community counts, including

the number of Americans with Disabilities Act compliant special needs units;

     (B) The occupancy and vacancy rate of the units referenced in subsection (a)(4)(iv)(A);

     (C) The change in the number of units referenced in subsection (a)(4)(iv)(A), for each of

the prior three (3) years in figures and as a percentage;

     (D) The number of net new units in development and number of units completed since the

prior report;

     (E) For each municipality the number of single-family, two-family (2), and three-family

(3) units, and multi-unit housing delineated sufficiently to provide the lay reader a useful

description of current conditions, including a statewide sum of each unit type;

     (F) The total number of units by income type;

     (G) A projection of the number of status quo units;

     (H) A projection of the number of units required to meet housing formation trends;

     (I) A comparison of regional and other similarly situated state funding sources that support

housing development including a percentage of private, federal, and public support;

     (J) A reporting of unit types by number of bedrooms for rental properties including an

accounting of all:

     (I) Single-family units;

     (II) Accessory dwelling units;

     (III) Two-family (2) units;

     (IV) Three-family (3) units;

     (V) Multi-unit sufficiently delineated units;

     (VI) Mixed use sufficiently delineated units; and

     (VII) Occupancy and vacancy rates for the prior three (3) years;

     (K) A reporting of unit types by ownership including an accounting of all:

     (I) Single-family units;

     (II) Accessory dwelling units;

     (III) Two-family (2) units;

     (IV) Three-family (3) units;

     (V) Multi-unit sufficiently delineated units;

     (VI) Mixed use sufficiently delineated units; and

     (VII) Occupancy and vacancy rates for the prior three (3) years;

     (L) A reporting of the number of applications submitted or filed for each community

according to unit type and an accounting of action taken with respect to each application to include,

approved, denied, appealed, approved upon appeal, and if approved, the justification for each

approval;

     (M) A reporting of permits for each community according to affordability level that were

sought, approved, denied, appealed, approved upon appeal, and if approved, the justification for

each approval;

     (N) A reporting of affordability by municipality that shall include the following:

     (I) The percent and number of units of extremely low-, very low-, low-, moderate-, fair-

market rate, and above-market-rate units; including the average and median costs of those units;

     (II) The percent and number of units of extremely low-, very low-, low-, and moderate-

income housing units required to satisfy the ten percent (10%) requirement pursuant to chapter 24

of title 45; including the average and median costs of those units;

     (III) The percent and number of units for the affordability levels above moderate-income

housing, including a comparison to fair-market rent and fair-market homeownership; including the

average and median costs of those units;

     (IV) The percentage of cost burden by municipality with population equivalent;

     (V) The percentage and number of home financing sources, including all private, federal,

state, or other public support; and

     (VI) The cost growth for each of the previous five (5) years by unit type at each

affordability level, by unit type;

     (O) A reporting of municipal healthy housing stock by unit type and number of bedrooms

and providing an assessment of the state's existing housing stock and enumerating any risks to the

public health from that housing stock, including, but not limited to: the presence of lead, mold, safe

drinking water, disease vectors (insects and vermin), and other conditions that are an identifiable

health detriment. Additionally, the report shall provide the percentage of the prevalence of health

risks by age of the stock for each community by unit type and number of bedrooms; and

     (P) A recommendation shall be included with the report required under this section that

shall provide consideration to any and all populations, ethnicities, income levels, and other relevant

demographic criteria determined by the deputy secretary, and with regard to any and all of the

criteria enumerated elsewhere in the report separately or in combination, provide recommendations

to resolve any issues that provide an impediment to the development of housing, including specific

data and evidence in support of the recommendation. All data and methodologies used to present

evidence are subject to review and approval of the chief of revenue analysis, and that approval shall

include an attestation of approval by the chief to be included in the report.;

     (v) Have direct oversight over the office of housing and community development (OHCD)

and shall be responsible for coordinating with the secretary of commerce a shared staffing

arrangement until June 30, 2023, to carry out the provisions of this chapter;

     (vi) On or before November 1, 2022, develop a housing organizational plan to be provided

to the general assembly that includes a review, analysis, and assessment of functions related to

housing of all state departments, quasi-public agencies, boards, and commissions. Provided,

further, the secretary, with the input from each department, agency, board, and commission, shall

include in the plan comprehensive options, including the advantages and disadvantages of each

option and recommendations relating to the functions and structure of the new department of

housing.

     (b) In this capacity, the office shall:

     (1) Lead or assist state departments and coordinate business permitting processes in order

to:

     (i) Improve the economy, efficiency, coordination, and quality of the business climate in

the state;

     (ii) Design strategies and implement best practices that foster economic development and

growth of the state's economy;

     (iii) Maximize and leverage funds from all available public and private sources, including

federal financial participation, grants, and awards;

     (iv) Increase public confidence by conducting customer centric operations whereby

commercial enterprise enterprises are supported and provided programs and services that will

grow and nurture the Rhode Island economy; and

     (v) Be the state's lead agency for economic development.

     (2) Provide oversight and coordination of all housing initiatives in the state of Rhode

Island.

     (c) The office shall include the office of regulatory reform and other administration

functions that promote, enhance, or regulate various service and functions in order to promote the

reform and improvement of the regulatory function of the state.


 

 

934)

Section

Amended Chapter Numbers:

 

42-64.20-3

271 and 272

 

 

42-64.20-3. Definitions.

     As used in this chapter:

     (1) "Adaptive reuse" means the conversion of an existing structure from the use for which

it was constructed to a new use by maintaining elements of the structure and adapting such elements

to a new use.

     (2) "Affiliate" means an entity that directly or indirectly controls, is under common control

with, or is controlled by the business. Control exists in all cases in which the entity is a member of

a controlled group of corporations as defined pursuant to § 1563 of the Internal Revenue Code of

1986 (26 U.S.C. § 1563) or the entity is an organization in a group of organizations under common

control as defined pursuant to subsection (b) or (c) of § 414 of the Internal Revenue Code of 1986

(26 U.S.C. § 414). A taxpayer may establish by clear and convincing evidence, as determined by

the tax administrator, that control exists in situations involving lesser percentages of ownership

than required by those statutes. An affiliate of a business may contribute to meeting either the

capital investment or full-time employee requirements of a business that applies for a credit under

this chapter.

     (3) "Affordable housing" means housing for sale or rent with combined rental costs or

combined mortgage loan debt service, property taxes, and required insurance that do not exceed

thirty percent (30%) of the gross annual income of a household earning up to eighty percent (80%)

of the area median income, as defined annually by the United States Department of Housing and

Urban Development.

     (4) "Applicant" means a developer applying for a rebuild Rhode Island tax credit under this

chapter.

     (5) "Business" means a corporation as defined in § 44-11-1(4), or a partnership, an S

corporation, a nonprofit corporation, a sole proprietorship, or a limited-liability corporation. A

business shall include an affiliate of the business if that business applies for a credit based upon

any capital investment made by an affiliate.

     (6) "Capital investment" in a real estate project means expenses by a developer incurred

after application for:

     (i) Site preparation and construction, repair, renovation, improvement, equipping, or

furnishing on real property or of a building, structure, facility, or improvement to real property;

     (ii) Obtaining and installing furnishings and machinery, apparatus, or equipment, including

but not limited to, material goods for the operation of a business on real property or in a building,

structure, facility, or improvement to real property.

     In addition to the foregoing, if a developer acquires or leases a qualified development

project, the capital investment made or acquired by the seller or owner, as the case may be, if

pertaining primarily to the premises of the qualified development project, shall be considered a

capital investment by the developer and, if pertaining generally to the qualified development project

being acquired or leased, shall be allocated to the premises of the qualified development project on

the basis of the gross leasable area of the premises in relation to the total gross leasable area in the

qualified development project. The capital investment described herein shall be defined through

rules and regulations promulgated by the commerce corporation.

     (7) "Certified historic structure" means a property located in the state of Rhode Island and

is:

     (i) Listed individually on the national register of historic places; or

     (ii) Listed individually in the state register of historic places; or

     (iii) Located in a registered historic district and certified by either the Rhode Island

historical preservation and heritage commission created pursuant to § 42-45-2 or the Secretary of

the United States Department of the Interior as being of historic significance to the district.

     (8) "Commerce corporation" means the Rhode Island commerce corporation established

pursuant to § 42-64-1 et seq.

     (9) "Commercial" shall mean non-residential nonresidential development.

     (10) "Construction worker" means any laborer, mechanic, or machine operator employed

by a contractor or subcontractor in connection with the construction, alteration, repair, demolition,

reconstruction, or other improvements to real property.

     (10)(11) "Developer" means a person, firm, business, partnership, association, political

subdivision, or other entity that proposes to divide, divides, or causes to be divided real property

into a subdivision or proposes to build or builds a building or buildings or otherwise improves land

or existing structures, which division, building, or improvement qualifies for benefits under this

chapter.

     (11)(12) "Development" means the improvement of land through the carrying out of

building, engineering, or other operations in, on, over, or under land, or the making of any material

change in the use of any buildings or land for the purposes of accommodating land uses.

     (12)(13) "Eligibility period" means the period in which a developer may claim a tax credit

under this act, beginning with the tax period in which the commerce corporation accepts

certification from the developer that it has met the requirements of the act and extending thereafter

for a term of five (5) years.

     (13)(14) "Full-time employee" means a person who is employed by a business for

consideration for a minimum of at least thirty-five (35) hours per week, or who renders any other

standard of service generally accepted by custom or practice as full-time employment, or who is

employed by a professional employer organization pursuant to an employee leasing agreement

between the business and the professional employer organization for a minimum of thirty-five (35)

hours per week, or who renders any other standard of service generally accepted by custom or

practice as full-time employment, and whose wages are subject to withholding.

     (14)(15) "Hope community" means a municipality for which the five-year (5) average

percentage of families with income below the federal poverty level exceeds the state five-year (5)

average percentage, both as most recently reported by the U.S. Department of Commerce, Bureau

of the Census.

     (15)(16) "Manufacturer" shall mean any entity that:

     (i) Uses any premises within the state primarily for the purpose of transforming raw

materials into a finished product for trade through any or all of the following operations: adapting,

altering, finishing, making, processing, refining, metalworking, and ornamenting, but shall not

include fabricating processes incidental to warehousing or distribution of raw materials, such as

alteration of stock for the convenience of a customer; or

     (ii) Is described in codes 31-33 of the North American Industry Classification System, as

revised from time to time.

     (16)(17) "Mixed use" means a development comprising both commercial and residential

components.

     (17)(18) "Partnership" means an entity classified as a partnership for federal income tax

purposes.

     (18)(19) "Placed in service" means the earlier of (i) Substantial construction or

rehabilitation work has been completed that would allow for occupancy of an entire structure or

some identifiable portion of a structure, as established in the application approved by the commerce

corporation board; or (ii) Receipt by the developer of a certificate, permit, or other authorization

allowing for occupancy of the project or some identifiable portion of the project by the municipal

authority having jurisdiction.

     (19)(20) "Project" means qualified development project as defined under subsection

(23)(24).

     (20)(21) "Project area" means land or lands under common ownership or control in which

a qualified development project is located.

     (21)(22) "Project cost" means the costs incurred in connection with the qualified

development project or qualified residential or mixed use project by the applicant until the issuance

of a permanent certificate of occupancy, or until such other time specified by the commerce

corporation, for a specific investment or improvement, as defined through rules and regulations

promulgated by the commerce corporation.

     (22)(23) "Project financing gap" means:

     (i) The part of the total project cost that remains to be financed after all other sources of

capital have been accounted for (the sources will include, but not be limited to, developer-

contributed capital), which shall be defined through rules and regulations promulgated by the

commerce corporation; or

     (ii) The amount of funds that the state may invest in a project to gain a competitive

advantage over a viable and comparable location in another state by means described in this chapter.

     (23)(24) "Qualified development project" means a specific construction project or

improvement, including lands, buildings, improvements, real and personal property or any interest

therein, including lands under water, riparian rights, space rights and air rights, acquired, owned,

leased, developed or redeveloped, constructed, reconstructed, rehabilitated or improved,

undertaken by a developer, owner or tenant, or both, within a specific geographic area, meeting the

requirements of this chapter, as set forth in an application made to the commerce corporation.

     (24)(25) "Recognized historical structure" means a property located in the state of Rhode

Island and commonly considered to be of historic or cultural significance as determined by the

commerce corporation in consultation with the state historic preservation officer.

     (25)(26) "Residential" means a development of residential dwelling units.

     (26)(27) "Targeted industry" means any advanced, promising, or otherwise prioritized

industry identified in the economic development vision and policy promulgated pursuant to § 42-

64.17-1 or, until such time as any such economic development vision and policy is promulgated,

as identified by the commerce corporation.

     (27)(28) "Transit-oriented development area" means an area in proximity to transit

infrastructure that will be further defined by regulation of the commerce corporation in consultation

with the Rhode Island department of transportation.

     (28)(29) "Workforce housing" means housing for sale or rent with combined rental costs

or combined mortgage loan debt service, property taxes, and required insurance that do not exceed

thirty percent (30%) of the gross annual income of a household earning between eighty percent

(80%) and one hundred and forty percent (140%) of the area median income, as defined annually

by the United States Department of Housing and Urban Development.


 

935)

Section

Amended Chapter Numbers:

 

42-64.20-5

271 and 272

 

 

42-64.20-5. Tax credits.

     (a) An applicant meeting the requirements of this chapter may be allowed a credit as set

forth hereinafter against taxes imposed upon such person under applicable provisions of title 44 of

the general laws for a qualified development project.

     (b) To be eligible as a qualified development project entitled to tax credits, an applicant's

chief executive officer or equivalent officer shall demonstrate to the commerce corporation, at the

time of application, that:

     (1) The applicant has committed a capital investment or owner equity of not less than

twenty percent (20%) of the total project cost;

     (2) There is a project financing gap in which after taking into account all available private

and public funding sources, the project is not likely to be accomplished by private enterprise

without the tax credits described in this chapter; and

     (3) The project fulfills the state's policy and planning objectives and priorities in that:

     (i) The applicant will, at the discretion of the commerce corporation, obtain a tax

stabilization agreement from the municipality in which the real estate project is located on such

terms as the commerce corporation deems acceptable;

     (ii) It (A) Is a commercial development consisting of at least 25,000 square feet occupied

by at least one business employing at least 25 full-time employees after construction or such

additional full-time employees as the commerce corporation may determine; (B) Is a multi-family

residential development in a new, adaptive reuse, certified historic structure, or recognized

historical structure consisting of at least 20,000 square feet and having at least 20 residential units

in a hope community; or (C) Is a mixed-use development in a new, adaptive reuse, certified historic

structure, or recognized historical structure consisting of at least 25,000 square feet occupied by at

least one business, subject to further definition through rules and regulations promulgated by the

commerce corporation; and

     (iii) Involves a total project cost of not less than $ 5,000,000, except for a qualified

development project located in a hope community or redevelopment area designated under § 45-

32-4 in which event the commerce corporation shall have the discretion to modify the minimum

project cost requirement.

     (4) For construction projects in excess of ten million dollars ($10,000,000), all construction

workers shall be paid in accordance with the wages and benefits required pursuant to chapter 13 of

title 37 with all contractors and subcontractors required to file certified payrolls on a monthly basis

for all work completed in the preceding month on a uniform form prescribed by the director of

labor and training. Failure to follow the requirements pursuant to chapter 13 of title 37 shall

constitute a material violation and a material breach of the agreement with the state. The commerce

corporation, in consultation with the director of labor and training and the tax administrator, shall

promulgate such rules and regulations as are necessary to implement the enforcement of this

subsection.

     (c) The commerce corporation shall develop separate, streamlined application processes

for the issuance of rebuild RI tax credits for each of the following:

     (1) Qualified development projects that involve certified historic structures;

     (2) Qualified development projects that involve recognized historical structures;

     (3) Qualified development projects that involve at least one manufacturer; and

     (4) Qualified development projects that include affordable housing or workforce housing.

     (d) Applications made for a historic structure or recognized historic structure tax credit

under chapter 33.6 of title 44 shall be considered for tax credits under this chapter. The division of

taxation, at the expense of the commerce corporation, shall provide communications from the

commerce corporation to those who have applied for and are in the queue awaiting the offer of tax

credits pursuant to chapter 33.6 of title 44 regarding their potential eligibility for the rebuild RI tax

credit program.

     (e) Applicants (1) Who have received the notice referenced in subsection (d) above and

who may be eligible for a tax credit pursuant to chapter 33.6 of title 44, (2) Whose application

involves a certified historic structure or recognized historical structure, or (3) Whose project is

occupied by at least one manufacturer shall be exempt from the requirements of subsections

(b)(3)(ii) and (b)(3)(iii). The following procedure shall apply to such applicants:

     (i) The division of taxation shall remain responsible for determining the eligibility of an

applicant for tax credits awarded under chapter 33.6 of title 44;

     (ii) The commerce corporation shall retain sole authority for determining the eligibility of

an applicant for tax credits awarded under this chapter; and

     (iii) The commerce corporation shall not award in excess of fifteen percent (15%) of the

annual amount authorized in any fiscal year to applicants seeking tax credits pursuant to this

subsection (e); and

     (iv) No tax credits shall be awarded under this chapter unless the commerce corporation

receives confirmation from the department of labor and training that there has been compliance

with the prevailing wage requirements set forth in subsection (b)(4) of this section.

     (f) Maximum project credit.

     (1) For qualified development projects, the maximum tax credit allowed under this chapter

shall be the lesser of (i) Thirty percent (30%) of the total project cost; or (ii) The amount needed to

close a project financing gap (after taking into account all other private and public funding sources

available to the project), as determined by the commerce corporation.

     (2) The credit allowed pursuant to this chapter, inclusive of any sales and use tax

exemptions allowed pursuant to this chapter, shall not exceed fifteen million dollars ($15,000,000)

for any qualified development project under this chapter; except as provided in subsection (f)(3) of

this section; provided however, any qualified development project that exceeds the project cap upon

passage of this act shall be deemed not to exceed the cap, shall not be reduced, nor shall it be further

increased. No building or qualified development project to be completed in phases or in multiple

projects shall exceed the maximum project credit of fifteen million dollars ($15,000,000) for all

phases or projects involved in the rehabilitation of the building. Provided, however, that for

purposes of this subsection and no more than once in a given fiscal year, the commerce corporation

may consider the development of land and buildings by a developer on the "I-195 land" as defined

in § 42-64.24-3(6) as a separate, qualified development project from a qualified development

project by a tenant or owner of a commercial condominium or similar legal interest including

leasehold improvement, fit out, and capital investment. Such qualified development project by a

tenant or owner of a commercial condominium or similar legal interest on the I-195 land may be

exempted from subsection (f)(1)(i) of this section.

     (3) The credit allowed pursuant to this chapter, inclusive of any sales and use tax

exemptions allowed pursuant to this chapter, shall not exceed twenty-five million dollars

($25,000,000) for the project for which the I-195 redevelopment district was authorized to enter

into a purchase and sale agreement for parcels 42 and P4 on December 19, 2018, provided that

project is approved for credits pursuant to this chapter by the commerce corporation.

     (g) Credits available under this chapter shall not exceed twenty percent (20%) of the project

cost, provided, however, that the applicant shall be eligible for additional tax credits of not more

than ten percent (10%) of the project cost, if the qualified development project meets any of the

following criteria or other additional criteria determined by the commerce corporation from time

to time in response to evolving economic or market conditions:

     (1) The project includes adaptive reuse or development of a recognized historical structure;

     (2) The project is undertaken by or for a targeted industry;

     (3) The project is located in a transit-oriented development area;

     (4) The project includes residential development of which at least twenty percent (20%) of

the residential units are designated as affordable housing or workforce housing;

     (5) The project includes the adaptive reuse of property subject to the requirements of the

industrial property remediation and reuse act, § 23-19.14-1 et seq.; or

     (6) The project includes commercial facilities constructed in accordance with the minimum

environmental and sustainability standards, as certified by the commerce corporation pursuant to

Leadership in Energy and Environmental Design or other equivalent standards.

     (h) Maximum aggregate credits. The aggregate sum authorized pursuant to this chapter,

inclusive of any sales and use tax exemptions allowed pursuant to this chapter, shall not exceed

two hundred ten million dollars ($210,000,000), excluding any tax credits allowed pursuant to

subsection (f)(3) of this section.

     (i) Tax credits shall not be allowed under this chapter prior to the taxable year in which the

project is placed in service.

     (j) The amount of a tax credit allowed under this chapter shall be allowable to the taxpayer

in up to five, annual increments; no more than thirty percent (30%) and no less than fifteen percent

(15%) of the total credits allowed to a taxpayer under this chapter may be allowable for any taxable

year.

     (k) If the portion of the tax credit allowed under this chapter exceeds the taxpayer's total

tax liability for the year in which the relevant portion of the credit is allowed, the amount that

exceeds the taxpayer's tax liability may be carried forward for credit against the taxes imposed for

the succeeding four (4) years, or until the full credit is used, whichever occurs first. Credits allowed

to a partnership, a limited-liability company taxed as a partnership, or multiple owners of property

shall be passed through to the persons designated as partners, members, or owners respectively pro

rata or pursuant to an executed agreement among persons designated as partners, members, or

owners documenting an alternate distribution method without regard to their sharing of other tax

or economic attributes of such entity.

     (l) The commerce corporation, in consultation with the division of taxation, shall establish,

by regulation, the process for the assignment, transfer, or conveyance of tax credits.

     (m) For purposes of this chapter, any assignment or sales proceeds received by the taxpayer

for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from

taxation under title 44. If a tax credit is subsequently revoked or adjusted, the seller's tax calculation

for the year of revocation or adjustment shall be increased by the total amount of the sales proceeds,

without proration, as a modification under chapter 30 of title 44. In the event that the seller is not a

natural person, the seller's tax calculation under chapter 11, 13, 14, or 17 of title 44, as applicable,

for the year of revocation, or adjustment, shall be increased by including the total amount of the

sales proceeds without proration.

     (n) The tax credit allowed under this chapter may be used as a credit against corporate

income taxes imposed under chapter 11, 13, 14, or 17, of title 44, or may be used as a credit against

personal income taxes imposed under chapter 30 of title 44 for owners of pass-through entities such

as a partnership, a limited-liability company taxed as a partnership, or multiple owners of property.

     (o) In the case of a corporation, this credit is only allowed against the tax of a corporation

included in a consolidated return that qualifies for the credit and not against the tax of other

corporations that may join in the filing of a consolidated tax return.

     (p) Upon request of a taxpayer and subject to annual appropriation, the state shall redeem

this credit, in whole or in part, for ninety percent (90%) of the value of the tax credit. The division

of taxation, in consultation with the commerce corporation, shall establish by regulation a

redemption process for tax credits.

     (q) Projects eligible to receive a tax credit under this chapter may, at the discretion of the

commerce corporation, be exempt from sales and use taxes imposed on the purchase of the

following classes of personal property only to the extent utilized directly and exclusively in the

project: (1) Furniture, fixtures, and equipment, except automobiles, trucks, or other motor vehicles;

or (2) Other materials, including construction materials and supplies, that are depreciable and have

a useful life of one year or more and are essential to the project.

     (r) The commerce corporation shall promulgate rules and regulations for the administration

and certification of additional tax credit under subsection (e)(g), including criteria for the eligibility,

evaluation, prioritization, and approval of projects that qualify for such additional tax credit.

     (s) The commerce corporation shall not have any obligation to make any award or grant

any benefits under this chapter.


 

 

 

936)

Section

Added Chapter Numbers:

 

42-64.34

388 and 342

 

 

CHAPTER 64.34

THE DEPARTMENT OF HOUSING


 

 

 

 

937)

Section

Added Chapter Numbers:

 

42-64.34-1

388 and 342

 

 

42-64.34-1. Department established.

     Effective January 1, 2023, there is hereby established within the executive branch of the

state government a department of housing. The head of the department shall be the secretary of

housing, who shall be appointed by the governor.


 

 

 

938)

Section

Added Chapter Numbers:

 

2-64.34-2

388 and 342

 

 

2-64.34-2. Powers and duties.

     The secretary of housing shall have all powers and duties pursuant to § 42-64.19-3(a)(4).

. Powers and duties.

     The secretary of housing shall have all powers and duties pursuant to § 42-64.19-3(a)(4).


 

 

 

939)

Section

Added Chapter Numbers:

 

42-77.2

111 and 112

 

 

CHAPTER 77.2

BLACK REGIMENT MONUMENT COMMISSION


 

 

 

940)

Section

Added Chapter Numbers:

 

42-77.2-1

111 and 112

 

 

42-77.2-1. Establishment - Purpose.

     There is established the Black Regiment Monument Commission, whose purpose and

function shall be to keep the memory of the Black Regiment alive and to ensure the proper upkeep

and maintenance of the Black Regiment Monument and surrounding park grounds.


 

 

941)

Section

Added Chapter Numbers:

 

42-77.2-2

111 and 112

 

 

42-77.2-2. Membership and annual reports.

     (a) The commission shall be comprised of four (4) members:

     (1) The president of the Portsmouth town council, or designee member of the Portsmouth

town council;

     (2) The director of the Rhode Island department of environmental management, or

designee;

     (3) The president of the Newport County Branch - NAACP, or designee/member; and

     (4) The director of the office of veterans' veterans services, or designee.

     (b) The commission shall elect a chair, vice-chair, and a secretary on a biennial basis.

     (c) Commission members shall be appointed initially for three-(3) year (3) terms and shall

be subject to reappointment or replacement every three (3) years by their appointing bodies.

Vacancies shall be filled by their appropriate appointing bodies as necessary in accordance with

membership demographics.

     (d) The commission shall meet at least two (2) times per year, maintain minutes of

meetings, comply with open meetings laws and standards, and submit an annual report to the

president of the senate and the speaker of the house of representatives.


 

 

 

942)

Section

Added Chapter Numbers:

 

42-77.2-3

111 and 112

 

 

42-77.2-3. Duties of commission.

     The duties of the commission shall be:

     (1) The commission shall establish standards and procedures consistent with its purpose

and function.

     (2) The commission shall approve of the use of the monument and grounds at Patriots Park,

including all ceremonies, commemorations, lectures, presentations, reenactment, signage,

adornments, and the like.


 

 

 

943)

Section

Amended Chapter Numbers:

 

42-128-6

265 and 307

 

 

42-128-6. Commission -- Membership and terms -- Officers -- Expenses -- Meetings.

     (a)(1) Membership. The commission shall have twenty-eight (28) members as follows: the

directors of the departments of administration, business regulation, elderly affairs healthy aging,

health, human services, behavioral healthcare, developmental disabilities and hospitals, the

chairperson of the Rhode Island housing and mortgage finance corporation, and the attorney

general, shall be ex officio members; the president of the Rhode Island Bankers Association, or the

designee of the president; the president of the Rhode Island Mortgage Banker's Association, or the

designee of the president; the president of the Rhode Island Realtors Association, or the designee

of the president; the executive director of the Rhode Island Housing Network; the executive director

of the Rhode Island Coalition for the Homeless; the president of the Rhode Island Association of

Executive Directors for Housing, or the designee of the president; the executive director of

operation stand down; and thirteen (13) members who have knowledge of, and have a demonstrated

interest in, housing issues as they affect low- and moderate-income people, appointed by the

governor with the advice and consent of the senate: one of whom shall be the chairperson, one of

whom shall be the representative of the homeless; one of whom shall be a representative of a

community development corporation; one of whom shall be the representative of an agency

addressing lead poisoning issues; one of whom shall be a local planner; one of whom shall be a

local building official; one of whom shall be a representative of fair housing interests; one of whom

shall be representative of an agency advocating the interest of racial minorities; one of whom shall

be a representative of the Rhode Island Builders Association; one of whom shall be a representative

of insurers a Rhode Island city or town with a population below twenty-five thousand (25,000)

people according to data from the United States Census Bureau; one of whom shall be a

representative of a community development intermediary that provides financing and technical

assistance to housing non-profits; one of whom shall be a nonprofit developer; and one of whom

shall be a senior housing advocate.

     (2) The terms of appointed members shall be three (3) years, except for the original

appointments, the term of four (4) of whom shall be one year and the term of four (4) of whom

shall be two (2) years; no member may serve more than two (2) successive terms.

     (b) Officers. The governor shall appoint the chairperson of the commission, who shall not

be an ex officio member, with the advice and consent of the senate. The commission shall elect

annually a vice-chairperson, who shall be empowered to preside at meetings in the absence of the

chairperson, and a secretary.

     (c) Expenses. The members of the commission shall serve without compensation, but shall

be reimbursed for their reasonable actual expenses necessarily incurred in the performance of their

duties.

     (d) Meetings. Meetings of the commission shall be held upon the call of the chairperson,

or five (5) members of the commission, or according to a schedule that may be annually established

by the commission; provided, however, that the commission shall meet at least once quarterly. A

majority of members of the commission, not including vacancies, shall constitute a quorum, and

no vacancy in the membership of the commission shall impair the right of a quorum to exercise all

the rights and perform all of the duties of the commission.


 

 

 

944)

Section

Amended Chapter Numbers:

 

42-128-7

265 and 307

 

 

42-128-7. General powers.

     The commission shall have the following powers, together with all powers incidental to or

necessary for the performance of those set forth in this chapter:

     (1) To sue and be sued.

     (2) To negotiate and to enter into contracts, agreements, and cooperative agreements with

agencies and political subdivisions of the state, not-for-profit corporations, for-profit corporations,

and other partnerships, associations, and persons for any lawful purpose necessary and desirable to

effect the purposes of this chapter.

     (3) To adopt by-laws bylaws and rules for the management of its affairs and for the exercise

of its powers and duties, and to establish the committees, workgroups, and advisory bodies that

from time to time may be deemed necessary.

     (4) To receive and accept grants or loans as may be made by the Federal federal

government, and grants, donations, contributions, and payments from other public and private

sources.

     (5) To grant or loan funds to agencies and political subdivisions of the state or to private

groups to effect the purposes of this chapter; provided that, in each funding round, there must be a

material award that benefits a Rhode Island city or town with a population below twenty-five

thousand (25,000) people according to data from the United States Census Bureau.

     (6) To secure the cooperation and assistance of the United States and any of its agencies,

and of the agencies and political subdivisions of this state in the work of the commission.

     (7) To establish, charge, and collect fees and payments for its services.


 

 

 

 

945)

Section

Amended Chapter Numbers:

 

42-128-8

265 and 307

 

 

42-128-8. Powers and duties.

     In order to provide housing opportunities for all Rhode Islanders, to maintain the quality

of housing in Rhode Island, and to coordinate and make effective the housing responsibilities of

the agencies and subdivisions of the state, the commission shall have the following powers and

duties:

     (1) Policy, planning, and coordination of state housing functions. The commission shall

have the power and duty:

     (i) To prepare and adopt the state's plans for housing; provided, however, that this provision

shall not be interpreted to contravene the prerogative of the state planning council to adopt a state

guide plan for housing.

     (ii) To prepare, adopt, and issue the state's housing policy.

     (iii) To conduct research on and make reports regarding housing issues in the state.

     (iv) To advise the governor and general assembly on housing issues and to coordinate

housing activities among government agencies and agencies created by state law or providing

housing services under government programs.

     (2) Establish, implement, and monitor state performance measures and guidelines for

housing programs. The commission shall have the power and the duty:

     (i) To promulgate performance measures and guidelines for housing programs conducted

under state law.

     (ii) To monitor and evaluate housing responsibilities established by state law, and to

establish a process for annual reporting on the outcomes of the programs and investments of the

state in housing for low- and moderate-income people.

     (iii) To hear and resolve disputes pertaining to housing issues.

     (3) Administer the programs pertaining to housing resources that may be assigned by state

law. The commission shall have the power and duty to administer programs for housing, housing

services, and community development, including, but not limited to, programs pertaining to:

     (i) Abandoned properties and the remediation of blighting conditions.

     (ii) Lead abatement and to manage a lead hazard abatement program in cooperation with

the Rhode Island housing and mortgage finance corporation.

     (iii) Services for the homeless.

     (iv) Rental assistance.

     (v) Community development.

     (vi) Outreach, education and technical assistance services.

     (vii) Assistance, including financial support, to nonprofit organizations and community

development corporations.

     (viii) Tax credits that assist in the provision of housing or foster community development

or that result in support to nonprofit organizations performing functions to accomplish the purposes

of this chapter.

     (ix) The Supportive Services Program, the purpose of which is to help prevent and end

homelessness among those who have experienced long-term homelessness and for whom certain

services in addition to housing are essential. State funding for this program may leverage other

resources for the purpose of providing supportive services. Services provided pursuant to this

subsection may include, but not be limited to: assistance with budgeting and paying rent; access to

employment; encouraging tenant involvement in facility management and policies; medication

monitoring and management; daily living skills related to food, housekeeping, and socialization;

counseling to support self-identified goals; referrals to mainstream health, mental health, and

treatment programs; and conflict resolution.

     In the administration of the programs in this subsection, the commission shall award, in

each funding round, a material award that benefits a Rhode Island city or town with a population

below twenty-five thousand (25,000) people according to data from the United States Census

Bureau.


 

 

946)

Section

Amended Chapter Numbers:

 

42-128-8.1

223 and 234

 

 

42-128-8.1. Housing production and rehabilitation.

     (a) Short title. This section shall be known and may be cited as the "Comprehensive

Housing Production and Rehabilitation Act of 2004."

     (b) Findings. The general assembly finds and declares that:

     (1) The state must maintain a comprehensive housing strategy applicable to all cities and

towns that addresses the housing needs of different populations including, but not limited to,

workers and their families who earn less than one hundred twenty percent (120%) of median

income, older citizens, students attending institutions of higher education, low- and very-low

income individuals and families, and vulnerable populations including, but not limited to, persons

with disabilities, homeless individuals and families, and individuals released from correctional

institutions.

     (2) Efforts and programs to increase the production of housing must be sensitive to the

distinctive characteristics of cities and towns, neighborhoods, and areas and the need to manage

growth and to pace and phase development, especially in high-growth areas.

     (3) The state in partnership with local communities must remove barriers to housing

development and update and maintain zoning and building regulations to facilitate the construction,

rehabilitation of properties and retrofitting of buildings for use as safe affordable housing.

     (4) Creative funding mechanisms are needed at the local and state levels that provide

additional resources for housing development, because there is an inadequate amount of federal

and state subsidies to support the affordable housing needs of Rhode Island's current and projected

population.

     (5) Innovative community planning tools, including, but not limited to, density bonuses

and permitted accessory dwelling units, are needed to offset escalating land costs and project

financing costs that contribute to the overall cost of housing and tend to restrict the development

and preservation of housing affordable to very low-income, low-income, and moderate-income

persons.

     (6) The gap between the annual increase in personal income and the annual increase in the

median sales price of a single-family home is growing, therefore, the construction, rehabilitation

and maintenance of affordable, multi-family housing needs to increase to provide more rental

housing options to individuals and families, especially those who are unable to afford

homeownership of a single-family home.

     (7) The state needs to foster the formation of cooperative partnerships between

communities and institutions of higher education to significantly increase the amount of residential

housing options for students.

     (8) The production of housing for older citizens as well as urban populations must keep

pace with the next twenty-year (20) projected increases in those populations of the state.

     (9) Efforts must be made to balance the needs of Rhode Island residents with the ability of

the residents of surrounding states to enter into Rhode Island's housing market with much higher

annual incomes at their disposal.

     (c) Strategic plan. The commission, in conjunction with the statewide planning program,

shall develop by July 1, 2006, a five-(5) year (5) strategic plan for housing, which plan shall be

adopted as an element of the state guide plan, and which shall include quantified goals, measurable

intermediate steps toward the accomplishment of the goals, implementation activities, and

standards for the production and/or rehabilitation of year-round housing to meet the housing needs

including, but not limited to, the following:

     (1) Older Rhode Islanders, including senior citizens, appropriate, affordable housing

options;

     (2) Workers, housing affordable at their income level;

     (3) Students, dormitory, student housing and other residential options;

     (4) Low-income and very-low income households, rental housing;

     (5) Persons with disabilities, appropriate housing; and

     (6) Vulnerable individuals and families, permanent housing, single-room occupancy units,

transitional housing and shelters.

     (d) As used in this section and for the purposes of the preparation of affordable housing

plans as specified in chapter 45-22.2 22.2 of title 45, words and terms shall have the meaning set

forth in chapter 45-22.2 22.2 of title 45, chapter 45-53 53 of title 45, and/or § 42-11-10, unless this

section provides a different meaning or unless the context indicates a different meaning or intent.

     (1) "Affordable housing" means residential housing that has a sales price or rental amount

that is within the means of a household that is moderate income or less. In the case of dwelling

units for sale, housing that is affordable means housing in which principal, interest, taxes, which

may be adjusted by state and local programs for property tax relief, and insurance constitute no

more than thirty percent (30%) of the gross household income for a household with less than one

hundred and twenty percent (120%) of area median income, adjusted for family size. Provided,

however, that exclusively for the residents of New Shoreham, their affordable housing eligibility

standards shall include households whose adjusted gross income is less than one hundred forty

percent (140%) of their residents' median income, adjusted for family size. In the case of dwelling

units for rent, housing that is affordable means housing for which the rent, heat, and utilities other

than telephone constitute no more than thirty percent (30%) of the gross annual household income

for a household with eighty percent (80%) or less of area median income, adjusted for family size.

Affordable housing shall include all types of year-round housing, including, but not limited to,:

manufactured housing,; housing originally constructed for workers and their families,; accessory

dwelling units,; housing accepting rental vouchers and/or tenant-based certificates under Section 8

of the United States Housing Act of 1937, as amended,; and assisted living housing, where the sales

or rental amount of such housing, adjusted for any federal, state, or municipal government subsidy,

is less than or equal to thirty percent (30%) of the gross household income of the low and/or

moderate income occupants of the housing.

     (i) In that New Shoreham has reached its ten percent (10%) low- and moderate-income

housing goal, and for so long as they maintain at least ten percent (10%) of their year-round housing

stock as low- and moderate-income housing as defined in § 45-53-3(4)(ii), and inasmuch as there

are provable economic impacts related to the municipalities substantial offshore location,

residential housing units produced for sale in which principal, interest, taxes, which may be

adjusted by state and local programs for property tax relief, and insurance constitute no more than

thirty percent (30%) of the gross household income for a household with less than one hundred

forty percent (140%) of the area median income, adjusted for family size, shall be counted towards

the municipalities low- and moderate-income housing inventory as defined in § 45-53-3(9).

     (2) "Affordable housing plan" means a plan prepared and adopted by a town or city either

to meet the requirements of chapter 45-53 53 of title 45 or to meet the requirements of § 45-22.2-

10(f), which require that comprehensive plans and the elements thereof be revised to conform with

amendments to the state guide plan.

     (3) "Approved affordable housing plan" means an affordable housing plan that has been

reviewed and approved in accordance with § 45-22.2-9.

     (4) "Moderate-income household" means a single person, family, or unrelated persons

living together whose adjusted gross income is more than eighty percent (80%) but less than one

hundred twenty percent (120%) of the area median income, adjusted for family size.

     (5) "Seasonal housing" means housing that is intended to be occupied during limited

portions of the year.

     (6) "Year-round housing" means housing that is intended to be occupied by people as their

usual residence and/or vacant units that are intended by their owner for occupancy at all times of

the year; occupied rooms or suites of rooms in hotels are year-round housing only when occupied

by permanent residents as their usual place of residence.

     (e) The strategic plan shall be updated and/or amended as necessary, but not less than once

every five (5) years.

     (f) Upon the adoption of the strategic plan as an element of the state guide plan, towns and

cities shall bring their comprehensive plans into conformity with its requirements, in accordance

with the timetable set forth in § 45-22.2-10(f),; provided, however, that any town that has adopted

an affordable housing plan in order to comply with the provisions of chapter 45-53 53 of title 45,

which has been approved for consistency pursuant to § 45-22.2-9, shall be deemed to satisfy the

requirements of the strategic plan for low and moderate income housing until such time as the town

must complete its next required comprehensive community plan update.

     (g) Guidelines. The commission shall advise the state planning council and the state

planning council shall promulgate and adopt not later than July 1, 2006, guidelines for higher

density development, including, but not limited to: (A) (1) inclusionary Inclusionary zoning

provisions for low- and moderate-income housing with appropriate density bonuses and other

subsidies that make the development financially feasible; and (B) (2) mixed Mixed-use

development that includes residential development, which guidelines shall take into account

infrastructure availability; soil type and land capacity; environmental protection; water supply

protection; and agricultural, open space, historical preservation, and community development

pattern constraints.

     (h) The statewide planning program shall maintain a geographic information system map

that identifies, to the extent feasible, areas throughout the state suitable for higher density

residential development consistent with the guidelines adopted pursuant to subsection (g).


 

 

 

947)

Section

Amended Chapter Numbers:

 

42-157-15

145 and 146

 

 

42-157-15. Special enrollment - Pregnancy.

     (a) In general. The exchange may establish a special enrollment period that allows for the

enrollment of a pregnant individual at any time after the commencement of the pregnancy. If

established, coverage shall be effective as of the first of the month in which the pregnant individual

applies for coverage.

     (b) Non-interference with federal and state law. Nothing in subsection (a) of this section

shall be construed to conflict with or preempt any other applicable requirements for enrollment in

a qualified health plan under federal and state law. The special enrollment period described in

subsection (a) is in addition to any other special enrollment periods that are required under federal

and state law.


 

 

948)

Section

Added Chapter Numbers:

 

32-164

145 and 146

 

 

CHAPTER 164

ADDRESS CONFIDENTIALITY PROGRAM


 

 

 

949)

Section

Added Chapter Numbers:

 

2-164-1

145 and 146

 

 

2-164-1. Short title.

     This chapter shall be known and may be cited as the "Address Confidentiality Program

Act."


 

 

950)

Section

Added Chapter Numbers:

 

42-164-2

145 and 146

 

 

42-164-2. Definitions.

     As used in this chapter:

     (1) "Abuse" means an act or failure to act that presents an imminent risk of serious harm

to an individual and, for purposes of this chapter includes, but is not limited to, any of the following

crimes, regardless of whether these acts or threats have been reported to law enforcement officers:

     (i) Child abuse (§ 11-9-5.3);

     (ii) Child molestation (§§ 11-37-8.1 and 11-37-8.3);

     (iii) Domestic violence (subsection (3)(4) of this section);

     (iv) Enticement of children (§ 11-26-1.5);

     (v) Indecent solicitation of a child (§ 11-37-8.8);

     (vi) Kidnapping (§§ 11-26-1 and 11-26-1.4);

     (vii) Sexual assault (chapter 37 of title 11);

     (viii) Stalking (§ 11-59-2);

     (ix) Strangulation (§ 11-5-2.3); and

     (x) Trafficking (chapter 67.1 of title 11).

     (2) "Actual address" means the physical location where the applicant resides, as specified

on the individual's application to be a program participant under this chapter.

     (3) "Agency" means any subdivision of the State state of Rhode Island, a municipality, or

a subdivision of a municipality.

     (4) "Domestic violence" for purposes of this chapter, includes, but is not limited to, any of

the following crimes when committed by one family or household member against another,

regardless of whether these acts or threats have been reported to law enforcement officers:

     (i) Simple assault (§ 11-5-3);

     (ii) Felony assaults (chapter 5 of title 11);

     (iii) Vandalism (§ 11-44-1);

     (iv) Disorderly conduct (§ 11-45-1);

     (v) Trespass (§ 11-44-26);

     (vi) Kidnapping (§ 11-26-1);

     (vii) Child-snatching (§ 11-26-1.1);

     (viii) Sexual assault (§§ 11-37-2 and 11-37-4);

     (ix) Homicide (§§ 11-23-1 and 11-23-3);

     (x) Violation of the provisions of a protective order entered pursuant to § 15-5-19, chapter

15 of title 15, or chapter 8.1 of title 8 where the respondent has knowledge of the order and the

penalty for its violation, or a violation of a no contact order issued pursuant to § 12- 29-4;

     (xi) Stalking (chapter 59 of title 11);

     (xii) Refusal to relinquish or to damage or to obstruct a telephone (§ 11-35-14);

     (xiii) Burglary and Unlawful Entry unlawful entry (chapter 8 of title 11);

     (xiv) Arson (chapter 4 of title 11);

     (xv) Cyberstalking and cyberharassment (§ 11-52-4.2);

     (xvi) Domestic assault by strangulation (§ 11-5-2.3);

     (xvii) Electronic tracking of motor vehicles (§ 11-69-1); or

     (xviii) Abuse (subsection (1) of this section).

     (5) "Family or household member" means current or former intimate partners, spouses,

former spouses, persons related by blood or marriage, persons who are presently residing together

or who have resided together in the past three (3) years, and persons who have a child in common

regardless of whether they have been married or have lived together, or persons who are, or have

been, in a dating or engagement relationship within the past year.

     (6) "Law enforcement agency" means the department of public safety, the Rhode Island

state police, a municipal police department, a sheriff's department, the attorney general's office, and

shall also mean the department of children, youth, and families when engaged in the investigation

of child abuse and neglect.

     (7) "Law enforcement purposes" means all matters relating to:

     (i) The prevention, investigation, prosecution, or adjudication of criminal offenses, civil

matters, or juvenile matters;

     (ii) The investigation, prosecution, adjudication, detention, supervision, or correction of

persons suspected, charged, or convicted of criminal offenses or juvenile delinquencies;

     (iii) The protection of the general health, welfare, and safety of the public or the State state

of Rhode Island;

     (iv) The execution and enforcement of court orders;

     (v) Service of criminal or civil process or court orders;

     (vi) Screening for criminal justice employment;

     (viii)(vii) Other actions taken in performance of official duties, as set forth by statutes,

rules, policies, judicial case law, and the U.S. United States and Rhode Island Constitutions; and

     (viii) Criminal identification activities, including the collection, storage, and dissemination

of criminal history records, sex offender registry information, and DNA material and information.

     (8) "Public record" means a public record as defined in § 38-2-2 ("public records").

     (9) "Secretary" means the Rhode Island secretary of state.

     (10) "Substitute address" means the secretary's designated address for the address

confidentiality program.


 

 

 

951)

Section

Added Chapter Numbers:

 

42-164-3

145 and 146

 

 

42-164-3. Address confidentiality program.

     (a) Pursuant to the provisions of subsection (b) of this section, a person may apply to the

secretary of state to have an address designated by the secretary to serve as the person's substitute

address. Upon receipt by the secretary of a mail or process for a participant, the office of the

secretary shall immediately forward all such mail or process to the appropriate program participants

at the address specified by the participant for that purpose, and shall record the date of such

forwarding.

     (b) The secretary of state shall approve an application if it is filed on the form prescribed

by the secretary of state, signed and dated, containing the following:

     (1) The applicant's statement made under oath, under penalty of perjury, that:

     (i) The applicant is a victim of domestic violence or abuse;

     (ii) The applicant fears for their the applicant’s safety or their the applicant’s children's

or ward's safety;

     (iii) The applicant resides or will reside at a location in this state that is not known by the

person who committed domestic violence or abuse, or threatens the applicant or the applicant's

child or ward with domestic violence or abuse; and

     (iv) The applicant will not disclose their his or her actual address to the person who

committed domestic violence or abuse or threatens the applicant or the applicant's child or ward

with domestic violence or abuse.;

     (2) The actual address that the applicant requests not be disclosed for the reason that

disclosure will increase the risk of domestic violence or abuse.;

     (3) If different than the actual address, the preferred mailing address where the applicant

can be contacted by the secretary; and the telephone number or numbers where the applicant can

be called by the secretary; and, if available, the applicant's email address; and

     (4) A designation of the secretary as agent for purposes of service of process and for the

purpose of receipt of mail, with a signed acknowledgement of the following:

     (i) The applicant acknowledges that acceptance into the address confidentiality program

does not relieve the applicant of any legal responsibility, including, without limitation, court

summonses, subpoenas, divorce or child custody orders, and arrest warrants.

     (ii) The applicant acknowledges that failure to promptly notify the secretary of changes to

the applicant's contact information, including address, email address, and telephone number, may

cause a delay in the applicant's receipt of legal documents, including notices of upcoming court

hearings for divorce, child custody, or criminal matters, which may result in negative legal

ramifications for the applicant, including, without limitation, a default for failure to respond.

     (c) A parent, or legal guardian acting on behalf of a minor or an incapacitated person may

submit an application if the parent or legal guardian states under oath, under penalty of perjury, that

the parent or legal guardian has legal authority to act on the minor's or incapacitated person's behalf.

     (d) The application shall include a place for the applicant to identify any state, federal, or

local agency that employs a person who committed an act of abuse or domestic violence against

the applicant or the applicant's child or ward.

     (e) Upon receipt of a properly completed application, the secretary shall certify the

applicant as a program participant. Applicants shall be certified for five (5) years following the date

of filing, at which time the applicant may apply for renewal.

     (f) Once certified, the program participant may use the address designated by the secretary

as their the applicant’s home and work address.

     (g) A program participant shall notify the secretary of state of any name change and of any

change in actual address as soon as possible and within no more than thirty (30) days of the change.

     (h) Service of process on a program participant, a program participant's minor child,

incapacitated person, or other adult member of the program participant's household shall be

complete when the secretary receives such process by mail or otherwise.

     (i) If a summons, writ, notice, demand, or process is served on the secretary, the secretary

shall immediately cause a copy to be forwarded to the program participant at the address shown on

the records of the address confidentiality program in order that the summons, writ, notice, demand,

or process is received by the program participant within three (3) days of the secretary having

received it.


 

 

 

952)

Section

Added Chapter Numbers:

 

42-164-4

145 and 146

 

 

42-164-4. Certification cancellation.

     (a) The secretary shall cancel certification of a program participant who applies using false

information.

     (b) The secretary of state may cancel a program participant's certification for any of the

following reasons:

     (1) The program participant does not notify the secretary that he or she has obtained a name

change; provided, the program participant may reapply under their new name;

     (2) The program participant fails to notify the secretary of state of a change in actual or

mailing address; or

     (3) Mail forwarded to the program participant's address is returned as nondeliverable;

provided that, before terminating a program participant's certification due to nondeliverable mail,

the program shall attempt to contact the participant by telephone and email to resolve the mail

delivery and address issue.

     (c) The secretary of state shall send a notice of cancellation to the program participant,

setting forth the reasons for cancellation, and attempt to notify the participant by telephone and

email. The program participant shall have sixty (60) days to appeal the cancellation decision.

     (d) Program participants may withdraw from the program with written notice to the

secretary.


 

 

953)

Section

Added Chapter Numbers:

 

42-164-5

145 and 146

 

 

42-164-5. Agency acceptance of designated address -- Waiver.

     (a) A program participant may request that state and local agencies use the substitute

address. When creating, modifying, or maintaining a public record, state and local agencies shall

accept the substitute address when the program participant provides documentation of certification

in the program.

     (b) An agency may request the secretary of state waive the application of subsection (a) of

this section, upon showing:

     (1) The agency has a bona fide statutory or administrative requirement for the use of the

participant's actual address which that would otherwise be confidential under this chapter; and

     (2) The agency has explained how its acceptance of the substitute address will prevent the

agency from meeting its obligations under the law and why it cannot meet its statutory or

administrative obligation by a change in its internal procedures.

     (c) Any agency receiving a waiver shall maintain the confidentiality of the program

participant's address by redacting the actual address when the record is released to any person and

shall not make the program participant's actual address available for inspection or copying, except

under the following circumstances:

     (1) There is a bona fide statutory or administrative requirement for the communication of

an actual address to another agency that has received a waiver from the secretary of state; provided

that, each waiver specifically authorizes such communication with the specified agency; or

     (2) If directed by a court order, to a person identified in the order.


 

 

 

954)

Section

Added Chapter Numbers:

 

42-164-6

145 and 146

 

 

42-164-6. Disclosure of address prohibited -- exceptions.

     (a) The secretary of state may not make a program participant's address, other than

substitute address, available for inspection or copying, except under the following circumstances:

     (1) If requested by a law enforcement agency for a law enforcement purpose with an

accompanying warrant; or

     (2) If directed by a court order, to a person identified in the order.

     (b) The secretary of state shall provide immediate notification of disclosure to a program

participant when disclosure takes place under this section, unless specific language in a warrant or

court order prohibits it.


 

 

 

955)

Section

Amended Chapter Numbers:

 

42-164-7

145 and 146

 

 

42-164-7. Nondisclosure of address in criminal and civil proceedings.

     No person shall be compelled to disclose a program participant's actual address during the

discovery phase of or during a proceeding before a court of competent jurisdiction or administrative

tribunal unless the court or administrative tribunal finds, based upon a preponderance of the

evidence, that the disclosure is required in the interests of justice. A court or administrative tribunal

may seal that portion of any record that contains a program participant's actual address. Nothing in

this section shall prevent the state, in its discretion, from using a program participant's actual

address in any document or record filed with a court or administrative tribunal if, at the time of

filing, the document or record is not a public record.


 

 

956)

Section

Added Chapter Numbers:

 

42-164-8

145 and 146

 

 

42-164-8. Assistance for program applicants.

     The secretary of state shall designate state and local agencies and nonprofit agencies that

provide counseling and shelter services to victims of domestic violence or abuse to assist persons

applying to be program participants. Any assistance and counseling rendered by the secretary of

state or designee, to applicants shall in no way be construed as legal advice.


 

 

 

957)

Section

Added Chapter Numbers:

 

42-164-9

145 and 146

 

 

42-164-9. Adoption of rules.

     The secretary of state shall adopt regulations to facilitate the administration of this chapter

pursuant to the rulemaking provisions of chapter 35 of title 42 ("administrative procedures"). Such

The rules shall include, at a minimum, procedures for renewing participation in the program every

five (5) years, procedures for appealing a cancellation of program participation, and a secure

procedure for ensuring that requests for withdrawal are legitimate.


 

 

 

958)

Section

Added Chapter Numbers:

 

42-164-10

145 and 146

 

 

42-164-10. Civil liability for knowing and intentional disclosure.

     No person shall knowingly and intentionally obtain or disclose a program participant's

actual address knowing that they were not authorized to do so. A person who violates this section

shall be assessed a civil penalty of not more than five thousand dollars ($5,000). Each unauthorized

disclosure shall constitute a separate civil violation. Nothing in this section shall preclude criminal

prosecution for a violation.


 

 

 

959)

Section

Added Chapter Numbers:

 

42-164-11

145 and 146

 

 

42-164-11. Good faith handling of mail -- Protection from civil liability.

     The secretary of state or any member of the department of state who reasonably and in

good faith handles any process or mail on behalf of a participant in accordance with this chapter

shall be immune from any civil liability which that might otherwise result by reason of such

actions.


 

 

960)

Section

Added Chapter Numbers:

 

42-164-12

145 and 146

 

 

42-164-12. Severability.

     If any provision of this chapter or the application thereof to any person or circumstance is

held invalid, such invalidity shall not affect other provisions or applications of the chapter that can

be given effect without the invalid provision or application, and to this end the provisions of this

chapter are declared to be severable.


 

 

 

 

961)

Section

Amended Chapter Numbers:

 

44-3-3

231, 15 and 18, 20 and 22, 27 and 28, 43 and 44, 219 and 220, 257 and 317, 262 and 325, 274 and 309

 

 

44-3-3. Property exempt. [Effective January 1, 2022.]

     (a) The following property is exempt from taxation:

     (1) Property belonging to the state, except as provided in § 44-4-4.1;

     (2) Lands ceded or belonging to the United States;

     (3) Bonds and other securities issued and exempted from taxation by the government of

the United States or of this state;

     (4) Real estate, used exclusively for military purposes, owned by chartered or incorporated

organizations approved by the adjutant general and composed of members of the national guard,

the naval militia, or the independent, chartered-military organizations;

     (5) Buildings for free public schools, buildings for religious worship, and the land upon

which they stand and immediately surrounding them, to an extent not exceeding five (5) acres so

far as the buildings and land are occupied and used exclusively for religious or educational

purposes;

     (6) Dwellings houses and the land on which they stand, not exceeding one acre in size, or

the minimum lot size for zone in which the dwelling house is located, whichever is the greater,

owned by, or held in trust for, any religious organization and actually used by its officiating clergy;

provided, further, that in the town of Charlestown, where the property previously described in this

paragraph is exempt in total, along with dwelling houses and the land on which they stand in

Charlestown, not exceeding one acre in size, or the minimum lot size for zone in which the dwelling

house is located, whichever is the greater, owned by, or held in trust for, any religious organization

and actually used by its officiating clergy, or used as a convent, nunnery, or retreat center by its

religious order;

     (7) Intangible personal property owned by, or held in trust for, any religious or charitable

organization, if the principal or income is used or appropriated for religious or charitable purposes;

     (8) Buildings and personal estate owned by any corporation used for a school, academy, or

seminary of learning, and of any incorporated public charitable institution, and the land upon which

the buildings stand and immediately surrounding them to an extent not exceeding one acre, so far

as they are used exclusively for educational purposes, but no property or estate whatever is hereafter

exempt from taxation in any case where any part of its income or profits, or of the business carried

on there, is divided among its owners or stockholders; provided, however, that unless any private

nonprofit corporation organized as a college or university located in the town of Smithfield reaches

a memorandum of agreement with the town of Smithfield, the town of Smithfield shall bill the

actual costs for police, fire, and rescue services supplied, unless otherwise reimbursed, to said

corporation commencing March 1, 2014;

     (9) Estates, persons, and families of the president and professors for the time being of

Brown University for not more than ten thousand dollars ($10,000) for each officer, the officer's

estate, person, and family included, but only to the extent that any person had claimed and utilized

the exemption prior to, and for a period ending, either on or after December 31, 1996;

     (10) Property especially exempt by charter unless the exemption has been waived in whole

or in part;

     (11) Lots of land exclusively for burial grounds;

     (12) Property, real and personal, held for, or by, an incorporated library, society, or any

free public library, or any free public library society, so far as the property is held exclusively for

library purposes, or for the aid or support of the aged poor, or poor friendless children, or the poor

generally, or for a nonprofit hospital for the sick or disabled;

     (13) Real or personal estate belonging to, or held in trust for, the benefit of incorporated

organizations of veterans of any war in which the United States has been engaged, the parent body

of which has been incorporated by act of Congress, to the extent of four hundred thousand dollars

($400,000) if actually used and occupied by the association; provided, that the city council of the

city of Cranston may by ordinance exempt the real or personal estate as previously described in

this subdivision located within the city of Cranston to the extent of five hundred thousand dollars

($500,000);

     (14) Property, real and personal, held for, or by, the fraternal corporation, association, or

body created to build and maintain a building or buildings for its meetings or the meetings of the

general assembly of its members, or subordinate bodies of the fraternity, and for the

accommodation of other fraternal bodies or associations, the entire net income of which real and

personal property is exclusively applied or to be used to build, furnish, and maintain an asylum or

asylums, a home or homes, a school or schools, for the free education or relief of the members of

the fraternity, or the relief, support, and care of worthy and indigent members of the fraternity, their

wives, widows, or orphans, and any fund given or held for the purpose of public education,

almshouses, and the land and buildings used in connection therewith;

     (15) Real estate and personal property of any incorporated volunteer fire engine company

or incorporated volunteer ambulance or rescue corps in active service;

     (16) The estate of any person who, in the judgment of the assessors, is unable from infirmity

or poverty to pay the tax; provided, that in the towns of Burrillville and West Greenwich, the tax

shall constitute a lien for five (5) years on the property where the owner is entitled to the exemption.

At the expiration of five (5) years, the lien shall be abated in full. Provided, if the property is sold

or conveyed, or if debt secured by the property is refinanced during the five-year (5) period, the

lien immediately becomes due and payable; any person claiming the exemption aggrieved by an

adverse decision of an assessor shall appeal the decision to the local board of tax review and

thereafter according to the provisions of § 44-5-26;

     (17) Household furniture and family stores of a housekeeper in the whole, including

clothing, bedding, and other white goods, books, and all other tangible personal property items that

are common to the normal household;

     (18) Improvements made to any real property to provide a shelter and fallout protection

from nuclear radiation, to the amount of one thousand five hundred dollars ($1,500); provided, that

the improvements meet applicable standards for shelter construction established, from time to time,

by the Rhode Island emergency management agency. The improvements are deemed to comply

with the provisions of any building code or ordinance with respect to the materials or the methods

of construction used and any shelter or its establishment is deemed to comply with the provisions

of any zoning code or ordinance;

     (19) Aircraft for which the fee required by § 1-4-6 has been paid to the tax administrator;

     (20) Manufacturer's inventory.

     (i) For the purposes of §§ 44-4-10, 44-5-3, 44-5-20, and 44-5-38, a person is deemed to be

a manufacturer within a city or town within this state if that person uses any premises, room, or

place in it primarily for the purpose of transforming raw materials into a finished product for trade

through any or all of the following operations: adapting, altering, finishing, making, and

ornamenting; provided, that public utilities; non-regulated power producers commencing

commercial operation by selling electricity at retail or taking title to generating facilities on or after

July 1, 1997; building and construction contractors; warehousing operations, including distribution

bases or outlets of out-of-state manufacturers; and fabricating processes incidental to warehousing

or distribution of raw materials, such as alteration of stock for the convenience of a customer; are

excluded from this definition;

     (ii) For the purposes of this section and §§ 44-4-10 and 44-5-38, the term "manufacturer's

inventory," or any similar term, means and includes the manufacturer's raw materials, the

manufacturer's work in process, and finished products manufactured by the manufacturer in this

state, and not sold, leased, or traded by the manufacturer or its title or right to possession divested;

provided, that the term does not include any finished products held by the manufacturer in any retail

store or other similar selling place operated by the manufacturer whether or not the retail

establishment is located in the same building in which the manufacturer operates the manufacturing

plant;

     (iii) For the purpose of § 44-11-2, a "manufacturer" is a person whose principal business

in this state consists of transforming raw materials into a finished product for trade through any or

all of the operations described in paragraph (i) of this subdivision. A person will be deemed to be

principally engaged if the gross receipts that person derived from the manufacturing operations in

this state during the calendar year or fiscal year mentioned in § 44-11-1 amounted to more than

fifty percent (50%) of the total gross receipts that person derived from all the business activities in

which that person engaged in this state during the taxable year. For the purpose of computing the

percentage, gross receipts derived by a manufacturer from the sale, lease, or rental of finished

products manufactured by the manufacturer in this state, even though the manufacturer's store or

other selling place may be at a different location from the location of the manufacturer's

manufacturing plant in this state, are deemed to have been derived from manufacturing;

     (iv) Within the meaning of the preceding paragraphs of this subdivision, the term

"manufacturer" also includes persons who are principally engaged in any of the general activities

coded and listed as establishments engaged in manufacturing in the Standard Industrial

Classification Manual prepared by the Technical Committee on Industrial Classification, Office of

Statistical Standards, Executive Office of the President, United States Bureau of the Budget, as

revised from time to time, but eliminating as manufacturers those persons, who, because of their

limited type of manufacturing activities, are classified in the manual as falling within the trade

rather than an industrial classification of manufacturers. Among those thus eliminated, and

accordingly also excluded as manufacturers within the meaning of this paragraph, are persons

primarily engaged in selling, to the general public, products produced on the premises from which

they are sold, such as neighborhood bakeries, candy stores, ice cream parlors, shade shops, and

custom tailors, except, that a person who manufactures bakery products for sale primarily for home

delivery, or through one or more non-baking retail outlets, and whether or not retail outlets are

operated by the person, is a manufacturer within the meaning of this paragraph;

     (v) The term "Person" means and includes, as appropriate, a person, partnership, or

corporation; and

     (vi) The department of revenue shall provide to the local assessors any assistance that is

necessary in determining the proper application of the definitions in this subdivision;

     (21) Real and tangible personal property acquired to provide a treatment facility used

primarily to control the pollution or contamination of the waters or the air of the state, as defined

in chapter 12 of title 46 and chapter 25 of title 23, respectively, the facility having been constructed,

reconstructed, erected, installed, or acquired in furtherance of federal or state requirements or

standards for the control of water or air pollution or contamination, and certified as approved in an

order entered by the director of environmental management. The property is exempt as long as it is

operated properly in compliance with the order of approval of the director of environmental

management; provided, that any grant of the exemption by the director of environmental

management in excess of ten (10) years is approved by the city or town in which the property is

situated. This provision applies only to water and air pollution control properties and facilities

installed for the treatment of waste waters and air contaminants resulting from industrial

processing; furthermore, it applies only to water or air pollution control properties and facilities

placed in operation for the first time after April 13, 1970;

     (22) Manufacturing machinery and equipment acquired or used by a manufacturer after

December 31, 1974. Manufacturing machinery and equipment is defined as:

     (i) Machinery and equipment used exclusively in the actual manufacture or conversion of

raw materials or goods in the process of manufacture by a manufacturer, as defined in subdivision

(20), and machinery, fixtures, and equipment used exclusively by a manufacturer for research and

development or for quality assurance of its manufactured products;

     (ii) Machinery and equipment that is partially used in the actual manufacture or conversion

of raw materials or goods in process of manufacture by a manufacturer, as defined in subdivision

(20), and machinery, fixtures, and equipment used by a manufacturer for research and development

or for quality assurance of its manufactured products, to the extent to which the machinery and

equipment is used for the manufacturing processes, research and development, or quality assurance.

In the instances where machinery and equipment is used in both manufacturing and/or research and

development and/or quality assurance activities and non-manufacturing activities, the assessment

on machinery and equipment is prorated by applying the percentage of usage of the equipment for

the manufacturing, research and development, and quality-assurance activity to the value of the

machinery and equipment for purposes of taxation, and the portion of the value used for

manufacturing, research and development, and quality assurance is exempt from taxation. The

burden of demonstrating this percentage usage of machinery and equipment for manufacturing and

for research and development and/or quality assurance of its manufactured products rests with the

manufacturer; and

     (iii) Machinery and equipment described in §§ 44-18-30(7) and 44-18-30(22) that was

purchased after July 1, 1997; provided that the city or town council of the city or town in which the

machinery and equipment is located adopts an ordinance exempting the machinery and equipment

from taxation. For purposes of this subsection, city councils and town councils of any municipality

may, by ordinance, wholly or partially exempt from taxation the machinery and equipment

discussed in this subsection for the period of time established in the ordinance and may, by

ordinance, establish the procedures for taxpayers to avail themselves of the benefit of any

exemption permitted under this section; provided, that the ordinance does not apply to any

machinery or equipment of a business, subsidiary, or any affiliated business that locates or relocates

from a city or town in this state to another city or town in the state;

     (23) Precious metal bullion, meaning any elementary metal that has been put through a

process of melting or refining, and that is in a state or condition that its value depends upon its

content and not its form. The term does not include fabricated precious metal that has been

processed or manufactured for some one or more specific and customary industrial, professional,

or artistic uses;

     (24) Hydroelectric power-generation equipment, which includes, but is not limited to,

turbines, generators, switchgear, controls, monitoring equipment, circuit breakers, transformers,

protective relaying, bus bars, cables, connections, trash racks, headgates, and conduits. The

hydroelectric power-generation equipment must have been purchased after July 1, 1979, and

acquired or used by a person or corporation who or that owns or leases a dam and utilizes the

equipment to generate hydroelectric power;

     (25) Subject to authorization by formal action of the council of any city or town, any real

or personal property owned by, held in trust for, or leased to an organization incorporated under

chapter 6 of title 7, as amended, or an organization meeting the definition of "charitable trust" set

out in § 18-9-4, as amended, or an organization incorporated under the not-for-profits statutes of

another state or the District of Columbia, the purpose of which is the conserving of open space, as

that term is defined in chapter 36 of title 45, as amended, provided the property is used exclusively

for the purposes of the organization;

     (26) Tangible personal property, the primary function of which is the recycling, reuse, or

recovery of materials (other than precious metals, as defined in § 44-18-30(24)(ii) and (iii)), from,

or the treatment of "hazardous wastes," as defined in § 23-19.1-4, where the "hazardous wastes"

are generated primarily by the same taxpayer and where the personal property is located at, in, or

adjacent to a generating facility of the taxpayer. The taxpayer may, but need not, procure an order

from the director of the department of environmental management certifying that the tangible

personal property has this function, which order effects a conclusive presumption that the tangible

personal property qualifies for the exemption under this subdivision. If any information relating to

secret processes or methods of manufacture, production, or treatment is disclosed to the department

of environmental management only to procure an order, and is a "trade secret" as defined in § 28-

21-10(b), it shall not be open to public inspection or publicly disclosed unless disclosure is

otherwise required under chapter 21 of title 28 or chapter 24.4 of title 23;

     (27) Motorboats as defined in § 46-22-2 for which the annual fee required in § 46-22-4 has

been paid;

     (28) Real and personal property of the Providence Performing Arts Center, a non-business

corporation as of December 31, 1986;

     (29) Tangible personal property owned by, and used exclusively for the purposes of, any

religious organization located in the city of Cranston;

     (30) Real and personal property of the Travelers Aid Society of Rhode Island, a nonprofit

corporation, the Union Mall Real Estate Corporation, and any limited partnership or limited liability

company that is formed in connection with, or to facilitate the acquisition of, the Providence YMCA

Building;

     (31) Real and personal property of Meeting Street Center or MSC Realty, Inc., both not-

for-profit Rhode Island corporations, and any other corporation, limited partnership, or limited

liability company that is formed in connection with, or to facilitate the acquisition of, the properties

designated as the Meeting Street National Center of Excellence on Eddy Street in Providence,

Rhode Island;

     (32) The buildings, personal property, and land upon which the buildings stand, located on

Pomham Island, East Providence, currently identified as Assessor's Map 211, Block 01, Parcel

001.00, that consists of approximately twenty-one thousand three hundred (21,300) square feet and

is located approximately eight hundred sixty feet (860′), more or less, from the shore, and limited

exclusively to these said buildings, personal estate and land, provided that said property is owned

by a qualified 501(c)(3) organization, such as the American Lighthouse Foundation, and is used

exclusively for a lighthouse;

     (33) The Stadium Theatre Performing Arts Centre building located in Monument Square,

Woonsocket, Rhode Island, so long as said Stadium Theatre Performing Arts Center is owned by

the Stadium Theatre Foundation, a Rhode Island nonprofit corporation;

     (34) Real and tangible personal property of St. Mary Academy — Bay View, located in

East Providence, Rhode Island;

     (35) Real and personal property of East Bay Community Action Program and its

predecessor, Self Help, Inc; provided, that the organization is qualified as a tax-exempt corporation

under § 501(c)(3) of the United States Internal Revenue Code;

     (36) Real and personal property located within the city of East Providence of the Columbus

Club of East Providence, a Rhode Island charitable nonprofit corporation;

     (37) Real and personal property located within the city of East Providence of the Columbus

Club of Barrington, a Rhode Island charitable nonprofit corporation;

     (38) Real and personal property located within the city of East Providence of Lodge 2337

BPO Elks, a Rhode Island nonprofit corporation;

     (39) Real and personal property located within the city of East Providence of the St.

Andrews Lodge No. 39, a Rhode Island charitable nonprofit corporation;

     (40) Real and personal property located within the city of East Providence of the Trustees

of Methodist Health and Welfare service a/k/a United Methodist Elder Care, a Rhode Island

nonprofit corporation;

     (41) Real and personal property located on the first floor of 90 Leonard Avenue within the

city of East Providence of the Zion Gospel Temple, Inc., a religious nonprofit corporation;

     (42) Real and personal property located within the city of East Providence of the Cape

Verdean Museum Exhibit, a Rhode Island nonprofit corporation;

     (43) The real and personal property owned by a qualified 501(c)(3) organization that is

affiliated and in good standing with a national, congressionally chartered organization and thereby

adheres to that organization's standards and provides activities designed for recreational,

educational, and character building purposes for children from ages six (6) years to seventeen (17)

years;

     (44) Real and personal property of the Rhode Island Philharmonic Orchestra and Music

School; provided, that the organization is qualified as a tax-exempt corporation under § 501(c)(3)

of the United States Internal Revenue Code;

     (45) The real and personal property located within the town of West Warwick at 211

Cowesett Avenue, Plat 29-Lot 25, which consists of approximately twenty-eight thousand seven

hundred fifty (28,750) square feet and is owned by the Station Fire Memorial Foundation of East

Greenwich, a Rhode Island nonprofit corporation;

     (46) Real and personal property of the Comprehensive Community Action Program, a

qualified tax-exempt corporation under § 501(c)(3) of the United States Internal Revenue Code;

     (47) Real and personal property located at 52 Plain Street, within the city of Pawtucket of

the Pawtucket Youth Soccer Association, a Rhode Island nonprofit corporation;

     (48) Renewable energy resources, as defined in § 39-26-5, used in residential systems and

associated equipment used therewith in service after December 31, 2015;

     (49) Renewable energy resources, as defined in § 39-26-5, if employed by a manufacturer,

as defined in subsection (a) of this section, shall be exempt from taxation in accordance with

subsection (a) of this section;

     (50) Real and personal property located at 415 Tower Hill Road within the town of North

Kingstown, of South County Community Action, Inc., a qualified tax-exempt corporation under §

501(c)(3) of the United States Internal Revenue Code;

     (51) As an effort to promote business growth, tangible business or personal property, in

whole or in part, within the town of Charlestown's community limits, subject to authorization by

formal action of the town council of the town of Charlestown;

     (52) All real and personal property located at 1300 Frenchtown Road, within the town of

East Greenwich, identified as assessor's map 027, plat 019, lot 071, and known as the New England

Wireless and Steam Museum, Inc., a qualified tax-exempt corporation under § 501(c)(3) of the

United States Internal Revenue Code;

     (53) Real and tangible personal property of Mount Saint Charles Academy located within

the city of Woonsocket, specifically identified as the following assessor's plats and lots: Logee

Street, plat 23, lot 62, Logee Street, plat 24, lots 304 and 305; Welles Street, plat 23, lot 310;

Monroe Street, plat 23, lot 312; and Roberge Avenue, plat 24, lot 47;

     (54) Real and tangible personal property of Steere House, a Rhode Island nonprofit

corporation, located in Providence, Rhode Island;

     (55) Real and personal property located within the town of West Warwick of Tides Family

Services, Inc., a Rhode Island nonprofit corporation;

     (56) Real and personal property of Tides Family Services, Inc., a Rhode Island nonprofit

corporation, located in the city of Pawtucket at 242 Dexter Street, plat 44, lot 444;

     (57) Real and personal property located within the town of Middletown of Lucy's Hearth,

a Rhode Island nonprofit corporation;

     (58) Real and tangible personal property of Habitat for Humanity of Rhode Island—

Greater Providence, Inc., a Rhode Island nonprofit corporation, located in Providence, Rhode

Island;

     (59) Real and personal property of the Artic Playhouse, a Rhode Island nonprofit

corporation, located in the town of West Warwick at 1249 Main Street;

     (60) Real and personal property located at 321 Main Street, within the town of South

Kingstown, of the Contemporary Theatre Company, a qualified, tax-exempt corporation under §

501(c)(3) of the United States Internal Revenue Code;

     (61) Real and personal property of The Samaritans, Inc., a Rhode Island nonprofit §

501(c)(3) corporation located at 67 Park Place, Pawtucket, Rhode Island, to the extent the city

council of Pawtucket may from time to time determine;

     (62) Real and personal property of North Kingstown, Exeter Animal Protection League,

Inc., dba "Pet Refuge," 500 Stony Lane, a Rhode Island nonprofit corporation, located in North

Kingstown, Rhode Island;

     (63) Real and personal property located within the city of East Providence of Foster

Forward (formerly the Rhode Island Foster Parents Association), a Rhode Island charitable

nonprofit corporation;

     (64) Real and personal property located at 54 Kelly Avenue within the town of East

Providence, of the Associated Radio Amateurs of Southern New England, a Rhode Island nonprofit

corporation;

     (65) Real and tangible personal property of Providence Country Day School, a Rhode

Island nonprofit corporation, located in East Providence, Rhode Island and further identified as plat

406, block 6, lot 6, and plat 506, block 1, lot 8;

     (66) As an effort to promote business growth, tangible business or personal property, in

whole or in part, within the town of Bristol's community limits, subject to authorization by formal

action of the town council of the town of Bristol;

     (67) Real and tangible personal property of the Heritage Harbor Foundation, a Rhode

Island nonprofit corporation, located at 1445 Wampanoag Trail, Suites 103 and 201, within the city

of East Providence;

     (68) Real property of Ocean State Community Wellness, Inc., a qualified tax-exempt

corporation under § 501(c)(3) of the United States Internal Revenue Code, located in North

Kingstown, Rhode Island, with a physical address of 7450 Post Road, and further identified as plat

108, lot 83;

     (69) Real and tangible personal property of St. John Baptist De La Salle Institute, d/b/a La

Salle Academy, a Rhode Island domestic nonprofit corporation, located in Providence, Rhode

Island denominated at the time this subsection was adopted as Plat 83 Lot 276 by the tax assessor

for the city of Providence comprising approximately 26.08 acres of land along with all buildings

and improvements that have been or may be made;

     (70) Real and tangible personal property of The Providence Community Health Centers,

Inc., a Rhode Island domestic nonprofit corporation, located in Providence, Rhode Island; and

     (71) In the city of Central Falls and the city of Pawtucket, real property and tangible

personal property located on or in the premise acquired or leased by a railroad entity and for the

purpose of providing boarding and disembarking of railroad passengers and the supporting

passenger railroad operations and services. For the purpose of this section, a railroad entity shall be

any incorporated entity that has been duly authorized by the Rhode Island public utilities

commission to provide passenger railroad services.

     (b) Except as provided below, when a city or town taxes a for-profit hospital facility, the

value of its real property shall be the value determined by the most recent full revaluation or

statistical property update performed by the city or town; provided, however, in the year a nonprofit

hospital facility converts to or otherwise becomes a for-profit hospital facility, or a for-profit

hospital facility is initially established, the value of the real property and personal property of the

for-profit hospital facility shall be determined by a valuation performed by the assessor for the

purpose of determining an initial assessed value of real and personal property, not previously taxed

by the city or town, as of the most recent date of assessment pursuant to § 44-5-1, subject to a right

of appeal by the for-profit hospital facility which shall be made to the city or town tax assessor with

a direct appeal from an adverse decision to the Rhode Island superior court business calendar.

     A "for-profit hospital facility" includes all real and personal property affiliated with any

hospital as identified in an application filed pursuant to chapter 17 or 17.14 of title 23.

Notwithstanding the above, a city or town may enter into a stabilization agreement with a for-profit

hospital facility under § 44-3-9 or other laws specific to the particular city or town relating to

stabilization agreements. In a year in which a nonprofit hospital facility converts to, or otherwise

becomes, a for-profit hospital facility, or a for-profit hospital facility is otherwise established, in

that year only the amount levied by the city or town and/or the amount payable under the

stabilization agreement for that year related to the for-profit hospital facility shall not be counted

towards determining the maximum tax levy permitted under § 44-5-2.

     (c) Notwithstanding any other provision of law to the contrary, in an effort to provide relief

for businesses, including small businesses, and to promote economic development, a city, town, or

fire district may establish an exemption for tangible personal property within its geographic limits

by formal action of the appropriate governing body within the city, town, or fire district, which

exemptions shall be uniformly applied and in compliance with local tax classification requirements.

Exemptions established pursuant to this subsection shall conform to the requirements of § 44-5-

12.2.

 

PL.15 and PL.18

(72) Real and tangible personal property of the American Legion Riverside Post Holding

Company, d/b/a American Legion Post 10, a Rhode Island nonprofit corporation, located at 830

Willet Avenue, within the city of East Providence on Map 513, Block 27, Parcel 001.00 as long as

said property is owned by American Legion Post 10.

 

PL.20 and PL.22

(73) Real and tangible personal property of the Holy Rosary Band Society, a Rhode

Island nonprofit corporation, located at 328 Taunton Avenue, within the city of East Providence on

Map 306, Block 01, Parcel 012.00.

 

PL.27 and PL.28

(74) Real and tangible personal property of Foster Forward, a Rhode Island domestic

nonprofit corporation, located within the city of Pawtucket, at 16 North Bend Street, and further

identified as assessor’s plat 21, lot 312.

 

PL.43 and PL.44

(75) Real and tangible personal property of the Old and Ancient Rowers Society of

Rhode Island, a Rhode Island domestic nonprofit corporation, located at 166 Walmsley Lane,

within the town of North Kingstown on Plat 004/Lot 019.

 

PL.219 and PL.220

(76) Real and tangible personal property of the Rhode Island Public Health

Foundation, a domestic nonprofit corporation or any other entity formed by the Rhode Island Public

Health Foundation in connection with, or to facilitate the acquisition of, one property to be owned

by the Rhode Island Public Health Foundation or such entity, located in the city of Providence.

 

PL.257 and PL.317

(77) Real and tangible personal property of the Manissean Tribal Council, a Rhode

Island nonprofit corporation, located in the town of New Shoreham, Rhode Island.

 

PL.262 and PL.325

(78) Real and tangible personal property of Sophia Academy located at 582 Elmwood

Avenue, the San Miguel Education Center located at 525 Branch Avenue, and the Community

Preparatory School, Inc. located at 135 Prairie Avenue, all of which are domestic nonprofit

corporations, and all of which are located within the city of Providence.

 

PL.274 and PL.309

(79) Real and tangible personal property of Cape Verdean Museum Exhibit, a Rhode

Island domestic nonprofit corporation, located at 617 Prospect Street, within the city of Pawtucket

on Assessors’ Plat 37, Lot 434.


 

 

 

962)

Section

Amended Chapter Numbers:

 

44-3-4

196 and 197

 

 

44-3-4. Veterans' exemptions.

     (a)(1) The property of each person who served in the military or naval service of the United

States in the war of the rebellion, the Spanish-American war, the insurrection in the Philippines,

the China-relief expedition, or World War I, and the property of each person who served in the

military or naval service of the United States in World War II at any time during the period

beginning December 7, 1941, and ending on December 31, 1946, and members who served in

uniform during the Cold War between 1947 through 1991, including those members who did not

serve in a declared war or conflict and the property of each person who served in the military or

naval services of the United States in the Korean conflict at any time during the period beginning

June 27, 1950, and ending January 31, 1955, or in the Vietnam conflict at any time during the

period beginning February 28, 1961, and ending May 7, 1975, or who actually served in the

Grenada or Lebanon conflicts of 1983-1984, or the Persian Gulf conflict, the Haitian conflict, the

Somalian conflict, and the Bosnian conflict, at any time during the period beginning August 2,

1990, and ending May 1, 1994, or in any conflict or undeclared war and who was honorably

discharged from the service, or who was discharged under conditions other than dishonorable, or

who, if not discharged, served honorably, or the property of the unmarried widow or widower of

that person, is exempted from taxation to the amount of one thousand dollars ($1,000), except in:

     (i) Burrillville, where the exemption is four thousand dollars ($4,000);

     (ii) Cumberland, where the town council may, by ordinance, provide for an exemption of

a maximum of twenty-three thousand seven hundred seventy-two dollars ($23,772);

     (iii) Cranston, where the exemption shall not exceed three thousand dollars ($3,000);

     (iv) Jamestown, where the town council may, by ordinance, provide for a tax credit or

exemption to any veteran of the United States armed services regardless of their qualified service

dates, who was honorably discharged or who was discharged under conditions other than

dishonorable;

     (v) Lincoln, where the exemption shall not exceed ten thousand dollars ($10,000); and

where the town council may also provide for a real estate tax exemption not exceeding ten thousand

dollars ($10,000) for those honorably discharged active duty veterans who served in Operation

Desert Storm;

     (vi) Newport, where the exemption is four thousand dollars ($4,000);

     (vii) New Shoreham, where the town council may, by ordinance, provide for an exemption

of a maximum of thirty-six thousand four hundred fifty dollars ($36,450);

     (viii) North Kingstown, where the exemption is ten thousand dollars ($10,000);

     (ix) North Providence, where the town council may, by ordinance, provide for an

exemption of a maximum of five thousand dollars ($5,000);

     (x) [As amended by P.L. 2015, ch. 168, § 1 ]. Smithfield, where the exemption is ten

thousand dollars ($10,000);

     (x) [As amended by P.L. 2015, ch. 179, § 1 ]. Smithfield, where the exemption is four

thousand dollars ($4,000). Provided, effective July 1, 2016, the Smithfield town council may, by

ordinance, provide for an exemption of a maximum of ten thousand dollars ($10,000);

     (xi) Warren, where the exemption shall not exceed five thousand five hundred dollars

($5,500) on motor vehicles, or ten thousand one hundred seventy-five dollars ($10,175) on real

property;

     (xii) Westerly, where the town council may, by ordinance, provide an exemption of the

total value of the veterans' real and personal property to a maximum of forty thousand five hundred

dollars ($40,500);

     (xiii) Barrington, where the town council may, by ordinance, provide for an exemption of

six thousand dollars ($6,000) for real property;

     (xiv) Exeter, where the exemption is five thousand dollars ($5,000);

     (xv) Glocester, where the exemption shall not exceed thirty thousand dollars ($30,000);

     (xvi) West Warwick, where the city council may, by ordinance, provide for an exemption

of up to ten thousand dollars ($10,000);

     (xvii) Warwick, where the city council may, by ordinance, provide for an exemption of a

maximum of four thousand dollars ($4,000);

     (xviii) [As added by P.L. 2016, ch. 238, § 1 ]. Charlestown, where the town council may,

by ordinance, provide for an additional exemption to any veteran of the United States armed

services, regardless of the veteran's qualified service dates, who was honorably discharged, or to

the unmarried widow or widower of that person who is not currently receiving this statutory

exemption;

     (xix) [As added by P.L. 2016, ch. 268, § 1 ]. Charlestown, where the town council may, by

ordinance, provide for an additional tax credit to any veteran of the United States armed services,

regardless of the veteran's qualified service dates, who was honorably discharged, or to the

unmarried widow or widower of that person who is not currently receiving this statutory exemption;

     (xx) Narragansett, where the town council may, by ordinance, provide for an exemption of

a maximum of twenty thousand dollars ($20,000) from the assessed value of real property, or

twelve thousand dollars ($12,000) from the assessed value of a motor vehicle; and

     (xxi) Tiverton, where the town council may provide, by ordinance as may be amended from

time to time, a tax credit of two hundred dollars ($200) or greater.; and

     (xxii) North Smithfield, where the town council may provide, by ordinance, as may be

amended from time to time, a tax dollar credit reduction of three hundred and fifty dollars ($350)

or greater to any veteran as defined in § 44-3-4(a)(1) subsection (a)(i) of this section, or a tax

dollar credit reduction of two hundred dollars ($200) or greater to the unmarried widow or widower

of any veteran as defined in § 44-3-4 (a)(1) subsection (a)(i) of this section.

     (2) The exemption is applied to the property in the municipality where the person resides,

and if there is not sufficient property to exhaust the exemption, the person may claim the balance

in any other city or town where the person may own property; provided, that the exemption is not

allowed in favor of any person who is not a legal resident of the state, or unless the person entitled

to the exemption has presented to the assessors, on or before the last day on which sworn statements

may be filed with the assessors for the year for which exemption is claimed, evidence that he or

she is entitled, which evidence shall stand so long as his or her legal residence remains unchanged;

provided, however, that in the town of South Kingstown, the person entitled to the exemption shall

present to the assessors, at least five (5) days prior to the certification of the tax roll, evidence that

he or she is entitled to the exemption; and, provided, further, that the exemption provided for in

this subdivision to the extent that it applies in any city or town, shall be applied in full to the total

value of the person's real and tangible personal property located in the city or town; and, provided,

that there is an additional exemption from taxation in the amount of one thousand dollars ($1,000),

except in:

     (i) Central Falls, where the city council may, by ordinance, provide for an exemption of a

maximum of seven thousand five hundred dollars ($7,500);

     (ii) Cranston, where the exemption shall not exceed three thousand dollars ($3,000);

     (iii) Cumberland, where the town council may, by ordinance, provide for an exemption of

a maximum of twenty-two thousand five hundred dollars ($22,500);

     (iv) Lincoln, where the exemption shall not exceed ten thousand dollars ($10,000);

     (v) Newport, where the exemption is four thousand dollars ($4,000);

     (vi) New Shoreham, where the town council may, by ordinance, provide for an exemption

of a maximum of thirty-six thousand four hundred fifty dollars ($36,450);

     (vii) North Providence, where the town council may, by ordinance, provide for an

exemption of a maximum of five thousand dollars ($5,000);

     (viii) Smithfield, where the exemption is four thousand dollars ($4,000);

     (ix) Warren, where the exemption shall not exceed eleven thousand dollars ($11,000);

     (x) Barrington, where the town council may, by ordinance, provide for an exemption of six

thousand dollars ($6,000) for real property; of the property of every honorably discharged veteran

of World War I or World War II, Korean or Vietnam, Grenada or Lebanon conflicts, the Persian

Gulf conflict, the Haitian conflict, the Somalian conflict and the Bosnian conflict at any time during

the period beginning August 2, 1990, and ending May 1, 1994, or in any conflict or undeclared war

who is determined by the Veterans Administration of the United States of America to be totally

disabled through service-connected disability and who presents to the assessors a certificate from

the veterans administration that the person is totally disabled, which certificate remains effectual

so long as the total disability continues;

     (xi) Charlestown, where the town council may, by ordinance, create a tax dollar credit

reduction to replace the tax assessment exemption, as so stated in all sections herein; and

     (xii) Jamestown, where the town council may, by ordinance, provide for an exemption to

any veteran of the United States armed services regardless of their qualified service dates, who was

honorably discharged or who was discharged under conditions other than dishonorable, or to the

unmarried widow or widower of that person who is not currently receiving this statutory exemption.

     (3) Provided, that:

     (i) Burrillville may exempt real property of the totally disabled persons in the amount of

six thousand dollars ($6,000);

     (ii) Cumberland town council may, by ordinance, provide for an exemption of a maximum

of twenty-two thousand five hundred dollars ($22,500);

     (iii) Little Compton may, by ordinance, exempt real property of each of the totally disabled

persons in the amount of six thousand dollars ($6,000);

     (iv) Middletown may exempt the real property of each of the totally disabled persons in

the amount of five thousand dollars ($5,000);

     (v) New Shoreham town council may, by ordinance, provide for an exemption of a

maximum of thirty-six thousand four hundred fifty dollars ($36,450);

     (vi) North Providence town council may, by ordinance, provide for an exemption of a

maximum of five thousand dollars ($5,000);

     (vii) The Tiverton town council may, by ordinance which may be amended from time to

time, provide for a four-hundred-dollar ($400) tax credit or greater on the real property of each of

the totally disabled persons;

     (viii) West Warwick town council may exempt the real property of each of the totally

disabled persons in an amount of two hundred dollars ($200);

     (ix) Westerly town council may, by ordinance, provide for an exemption on the total value

of real and personal property to a maximum of forty-six thousand five hundred dollars ($46,500);

and

     (x) Jamestown, where the town council may, by ordinance, provide for an additional tax

credit or exemption on real and personal property to any veteran of the United States armed services

regardless of their qualified service dates, who is considered one hundred percent (100%) totally

disabled through a service connected disability and who was honorably discharged or who was

discharged under conditions other than dishonorable, or to the unmarried widow or widower of that

person who is not currently receiving this statutory exemption.

     (4) There is an additional exemption from taxation in the town of:

     Warren, where its town council may, by ordinance, provide for an exemption not exceeding

eight thousand two hundred fifty dollars ($8,250), of the property of every honorably discharged

veteran of World War I or World War II, or Vietnam, Grenada or Lebanon conflicts, the Persian

Gulf conflict, the Haitian conflict, the Somalian conflict and the Bosnian conflict, at any time

during the period beginning August 2, 1990, and ending May 1, 1994, or in any conflict or

undeclared war who is determined by the Veterans' Administration of the United States of America

to be partially disabled through a service-connected disability and who presents to the assessors a

certificate that he or she is partially disabled, which certificate remains effectual so long as the

partial disability continues. Provided, however, that the Barrington town council may exempt real

property of each of the above named persons in the amount of three thousand dollars ($3,000);

Warwick city council may, by ordinance, exempt real property of each of the above-named persons

and to any person who served in any capacity in the military or naval service during the period of

time of the Persian Gulf conflict, whether or not the person served in the geographical location of

the conflict, in the amount of four thousand dollars ($4,000).

     (5) Lincoln. There is an additional exemption from taxation in the town of Lincoln for the

property of each person who actually served in the military or naval service of the United States in

the Persian Gulf conflict and who was honorably discharged from the service, or who was

discharged under conditions other than dishonorable, or who, if not discharged, served honorably,

or of the unmarried widow or widower of that person. The exemption shall be determined by the

town council in an amount not to exceed ten thousand dollars ($10,000).

     (b) In addition to the exemption provided in subsection (a) of this section, there is a ten-

thousand dollar ($10,000) exemption from local taxation on real property for any veteran and the

unmarried widow or widower of a deceased veteran of the military or naval service of the United

States who is determined, under applicable federal law by the Veterans Administration of the

United States, to be totally disabled through service-connected disability and who, by reason of the

disability, has received assistance in acquiring "specially adopted housing" under laws

administered by the veterans' administration; provided, that the real estate is occupied as his or her

domicile by the person; and, provided, that if the property is designed for occupancy by more than

one family, then only that value of so much of the house as is occupied by the person as his or her

domicile is exempted; and, provided, that satisfactory evidence of receipt of the assistance is

furnished to the assessors except in:

     (1) Cranston, where the exemption shall not exceed thirty thousand dollars ($30,000);

     (2) Cumberland, where the town council may provide for an exemption not to exceed seven

thousand five hundred dollars ($7,500);

     (3) Newport, where the exemption is ten thousand dollars ($10,000) or ten percent (10%)

of assessed valuation, whichever is greater;

     (4) New Shoreham, where the town council may, by ordinance, provide for an exemption

of a maximum of thirty-six thousand four hundred fifty dollars ($36,450);

     (5) North Providence, where the town council may, by ordinance, provide for an exemption

not to exceed twelve thousand five hundred dollars ($12,500);

     (6) Westerly, where the town council may, by ordinance, provide for an exemption of a

maximum of forty thousand five hundred dollars ($40,500);

     (7) Lincoln, where the town council may, by ordinance, provide for an exemption of a

maximum of fifteen thousand dollars ($15,000);

     (8) Narragansett, where the town council may, by ordinance, provide for an exemption of

a maximum of fifty thousand dollars ($50,000);

     (9) Tiverton, where the town council may, by ordinance, provide for a tax credit of two

hundred dollars ($200) or greater, as may be amended from time to time; and

     (10) Jamestown, where the town council may, by ordinance, provide for a tax credit.; and

     (11) North Smithfield, where the town council may, by ordinance, as may be amended

from time to time, provide for a tax dollar credit reduction of three hundred and fifty dollars ($350)

or greater.

     (c) In addition to the previously provided exemptions, any veteran of the military or naval

service of the United States who is determined, under applicable federal law by the Veterans'

Administration of the United States to be totally disabled through service-connected disability may,

by ordinance, passed in the city or town where the veteran's property is assessed, receive a ten

thousand dollar ($10,000) exemption from local taxation on his or her property whether real or

personal and if the veteran owns real property may be exempt from taxation by any fire and/or

lighting district; provided, that in the town of: North Kingstown, where the amount of the

exemption shall be eleven thousand dollars ($11,000) commencing with the December 31, 2002,

assessment; and for the town of Westerly, where the amount of the exemption shall be thirty-nine

thousand dollars ($39,000) commencing with the December 31, 2005, assessment; and in the town

of Cumberland, where the amount of the exemption shall not exceed forty-seven thousand five

hundred forty-four dollars ($47,544); and the town of Narragansett, where the amount of the

exemption shall not exceed twenty thousand dollars ($20,000) from the assessed value of real

property or twelve thousand dollars ($12,000) from the assessed value of a motor vehicle; and in

the city of Cranston, commencing with the December 31, 2016, assessment, where the exemption

will not exceed two hundred fifty thousand dollars ($250,000) and be extended to the unmarried

widow or widower of such veteran, and in the town of Tiverton, where, by ordinance, a tax credit

of two hundred dollars ($200) or greater shall be applied to the qualified veteran's property

assessment tax bill.

     (d) In determining whether or not a person is the widow or widower of a veteran for the

purposes of this section, the remarriage of the widow or widower shall not bar the furnishing of the

benefits of the section if the remarriage is void, has been terminated by death, or has been annulled

or dissolved by a court of competent jurisdiction.

     (e) In addition to the previously provided exemptions, there may by ordinance passed in

the city or town where the person's property is assessed, be an additional fifteen thousand dollars

($15,000) exemption from local taxation on real and personal property for any veteran of military

or naval service of the United States or the unmarried widow or widower of person who has been

or shall be classified as, or determined to be, a prisoner of war by the Veterans' Administration of

the United States, except in:

     (1) Westerly, where the town council may, by ordinance, provide for an exemption of a

maximum of sixty-eight thousand dollars ($68,000);

     (2) Cumberland, where the town council may by ordinance provide for an exemption of a

maximum of forty-seven thousand five hundred forty-four dollars ($47,544);

     (3) Narragansett, where the town council may, by ordinance, provide for an exemption of

a maximum of forty thousand dollars ($40,000);

     (4) Tiverton, where the town council may, by ordinance, provide for a tax credit of six

hundred dollars ($600) or greater; and

     (5) Jamestown, where the town council may, by ordinance, provide for an exemption

greater than fifteen thousand dollars ($15,000) of value or a tax credit that would offer an equivalent

relief or benefit.; and

     (6) North Smithfield, where the town council may, by ordinance, as may be amended from

time to time, provide for a tax dollar credit reduction of three hundred and fifty dollars ($350) or

greater.

     (f) Cities and towns granting exemptions under this section shall use the eligibility dates

specified in this section.

     (g) The several cities and towns not previously authorized to provide an exemption for

those veterans who actually served in the Persian Gulf conflict may provide that exemption in the

amount authorized in this section for veterans of other recognized conflicts.

     (h) Bristol, where the town council of Bristol may, by ordinance, provide for an exemption

for any veteran and the unmarried widow or widower of a deceased veteran of military or naval

service of the United States who is determined, under applicable federal law by the Veterans'

Administration of the United States to be partially disabled through service-connected disability.

     (i) In addition to the previously provided exemption, any veteran who is discharged from

the military or naval service of the United States under conditions other than dishonorable, or an

officer who is honorably separated from military or naval service, who is determined, under

applicable federal law by the Veterans Administration of the United States to be totally and

permanently disabled through a service-connected disability, who owns a specially adapted

homestead that has been acquired or modified with the assistance of a special adaptive housing

grant from the Veteran's Administration and that meets Veteran's Administration and Americans

with disability act guidelines from adaptive housing or that has been acquired or modified using

proceeds from the sale of any previous homestead that was acquired with the assistance of a special

adaptive housing grant from the veteran's administration, the person or the person's surviving

spouse is exempt from all taxation on the homestead. Provided, that in the town of Westerly where

the amount of the above referenced exemption shall be forty-six thousand five hundred dollars

($46,500).

     (j) The town of Coventry may provide, by ordinance, a one-thousand-dollar ($1,000)

exemption for any person who is an active member of the armed forces of the United States.

     (k) The town of Scituate may provide, by ordinance, in lieu of a tax exemption that grants

to all disabled veterans with a one hundred percent (100%) service-connected disability, a tax credit

in an amount to be determined from time to time by the town council.


 

 

 

963)

Section

Amended Chapter Numbers:

 

44-3-5

196 and 197

 

 

44-3-5. Gold star parents' exemption.

     (a) The property of every person whose son or daughter has served with the armed forces

of the United States of America and has lost his or her life as a result of his or her service with the

armed forces of the United States of America, providing the death was determined to be in the line

of duty, shall be exempted from taxation to the amount of three thousand dollars ($3,000) in

accordance with similar provisions of § 44-3-4 applying to honorably discharged veterans of the

armed forces; provided, that there shall be but one exemption granted where both parents of the

deceased son or daughter are living; provided:

     (1) Cranston. The city of Cranston may provide, by ordinance, an exemption from taxation

not to exceed forty-five hundred dollars ($4,500);

     (2) Warren. The town of Warren may provide, by ordinance, an exemption from taxation

not to exceed nine thousand seven hundred eighty-three dollars ($9,783);

     (3) Cumberland. The town of Cumberland may provide, by ordinance, an exemption not

to exceed twenty-three thousand seven hundred seventy-two dollars ($23,772) for persons

receiving a gold star exemption;

     (4) North Providence. The town of North Providence may provide, by ordinance, an

exemption not to exceed five thousand dollars ($5,000) for persons receiving a gold star exemption;

     (5) Smithfield. The town of Smithfield may provide, by ordinance, an exemption not to

exceed six thousand dollars ($6,000) for persons receiving a gold star exemption;

     (6) Westerly. The town of Westerly may provide, by ordinance, an exemption on the total

value of real and personal property not to exceed forty-six thousand five hundred dollars ($46,500);

     (7) Barrington. The town of Barrington may provide, by ordinance, an exemption not to

exceed six thousand dollars ($6,000) for real property for persons receiving a gold star exemption;

     (8) Jamestown. The town of Jamestown may provide, by ordinance, an exemption on the

total value of real and personal property not to exceed five thousand dollars ($5,000);

     (9) Lincoln. The town of Lincoln may provide, by ordinance, an exemption not to exceed

five thousand dollars ($5,000) for persons receiving a gold star exemption;

     (10) West Warwick. The town of West Warwick may provide, by ordinance, an exemption

not to exceed two hundred twenty-five dollars ($225) for persons receiving a gold star exemption;

     (11) Narragansett. The town of Narragansett may provide, by ordinance, an exemption not

to exceed twenty thousand dollars ($20,000) from the assessed value of real property, or twelve

thousand dollars ($12,000) from the assessed value of a motor vehicle, for persons receiving a gold

star exemption;

     (12) Tiverton. The town of Tiverton may provide, by ordinance, a tax credit of one hundred

twenty dollars ($120) or greater for persons receiving a gold star exemption; and

     (13) Charlestown. The town of Charlestown may provide, by ordinance, a tax dollar credit

reduction for persons receiving a gold star exemption.; and

     (14) North Smithfield. The town council may, by ordinance, as may be amended from time

to time, provide for a tax dollar credit reduction of three hundred and fifty dollars ($350) or greater

for persons receiving a gold star exemption.

     (b) The adjustment shall be made to reflect the same monetary savings that appeared on

the property tax bill that existed for the year prior to reevaluation of the real property. If any

provision of this section is held invalid, the remainder of this section and the application of its

provisions shall not be affected by that invalidity.


 

 

964)

Section

Amended Chapter Numbers:

 

44-3-9

184 and 185

 

 

44-3-9. Exemption or stabilizing of taxes on property used for manufacturing,

commercial, or residential purposes.

     (a)(1) Except as provided in this section, the electors of any city or town qualified to vote

on a proposition to appropriate money or impose a tax when legally assembled, may vote to

authorize the city or town council, for a period not exceeding twenty (20) years, and subject to the

conditions as provided in this section, to exempt from payment, in whole or in part, real and

personal property which has undergone environmental remediation, is historically preserved, or is

used for affordable housing, manufacturing, commercial, or residential purposes, or to determine a

stabilized amount of taxes to be paid on account of the property, notwithstanding the valuation of

the property or the rate of tax; provided, that after public hearings, at least ten (10) days' notice of

which shall be given in a newspaper having a general circulation in the city or town, the city or

town council determines that:

     (i) Granting of the exemption or stabilization will inure to the benefit of the city or town

by reason of:

     (A) The willingness of the manufacturing or commercial concern to locate in the city or

town, or of individuals to reside in such an area; or

     (B) The willingness of a manufacturing firm to expand facilities with an increase in

employment or the willingness of a commercial or manufacturing concern to retain or expand its

facility in the city or town and not substantially reduce its work force in the city or town; or

     (C) An improvement of the physical plant of the city or town which will result in a long-

term economic benefit to the city or town and state; or

     (D) An improvement which converts or makes available land or facility that would

otherwise be not developable or difficult to develop without substantial environmental remediation;

or

     (ii) Granting of the exemption or stabilization of taxes will inure to the benefit of the city

or town by reason of the willingness of a manufacturing or commercial or residential firm or

property owner to construct new or to replace, reconstruct, convert, expand, retain, or remodel

existing buildings, facilities, machinery, or equipment with modern buildings, facilities, fixtures,

machinery, or equipment resulting in an increase or maintenance in plant, residential housing, or

commercial building investment by the firm or property owned in the city or town;

     (2) Provided that should the city or town council make the determination in subparagraph

subsection (a)(1)(i)(B) of this subsection section, any exemption or stabilization may be granted

as to new buildings, fixtures, machinery, or equipment for new buildings, firms or expansions, and

may be granted as to existing buildings, fixtures, machinery and equipment for existing employers

in the city or town.

     (b) Cities shall have the same authority as is granted to towns except that authority granted

to the qualified electors of a town and to town councils shall be exercised in the case of a city by

the city council.

     (c) For purposes of this section, "property used for commercial purposes" means any

building or structures used essentially for offices or commercial enterprises.

     (d) Except as provided in this section, property, the payment of taxes on which has been so

exempted or which is subject to the payment of a stabilized amount of taxes, shall not, during the

period for which the exemption or stabilization of the amount of taxes is granted, be further liable

to taxation by the city or town in which the property is located so long as the property is used for

the manufacturing or commercial, or residential purposes for which the exemption or stabilized

amount of taxes was made.

     (e) Notwithstanding any vote of the qualified electors of a town and findings of a town

council or of any vote and findings by a city council, the property shall be assessed for and shall

pay that portion of the tax, if any, assessed by the city or town in which the real or personal property

is located, for the purpose of paying the indebtedness of the city or town and the indebtedness of

the state or any political subdivision of the state to the extent assessed upon or apportioned to the

city or town, and the interest on the indebtedness, and for appropriation to any sinking fund of the

city or town, which portion of the tax shall be paid in full, and the taxes so assessed and collected

shall be kept in a separate account and used only for that purpose.

     (f) Nothing in this section shall be deemed to permit the exemption or stabilization

provided in this section for any manufacturing or commercial concern relocating from one city or

town within the state of Rhode Island to another.

     (g) Renewable energy resources, as defined in § 39-26-5, qualify for tax stabilization

agreements pursuant to § 44-3-9 (a) of this section.

     (h) Notwithstanding the foregoing, the city council of the city of Providence may extend

the twenty-(20) year (20) period in subsection (a) of this section by an additional ten (10) years for

real property located at 111 Westminster Street (also identified as 55 Kennedy Plaza), Providence,

Rhode Island, identified as assessor's plat 20, lot 14.


 

 

 

 

965)

Section

Added Chapter Numbers:

 

44-3-66

194 and 195

 

 

44-3-66. East Providence - Disabled veterans tax exemption classification.

     The city council of the city of East Providence may hereafter, by ordinance, adopt a tax

exemption classification for disabled veterans who have a disability rating of less than one hundred

percent (100%).


 

 

 

966)

Section

Added Chapter Numbers:

 

44-5-2.3

225 and 312

 

 

44-5-2.3. Scituate - Maximum levy.

     (a) Notwithstanding any other provisions of this chapter, in connection with the change of

Scituate's fiscal year from April 1 to June 30, the town may levy a tax for its extended fiscal year

in excess of four percent (4.0%) in excess of the amount levied and certified by the town for the

prior year, and such tax levy may cover a period of sixteen (16) months.

     (b) "Extended fiscal year" means the period April 1, 2023, to June 30, 2024.

     (c) Notwithstanding the requirements of § 44-5-7(a), persons assessed pursuant to the

provisions of this section have the option to pay their taxes in quarterly installments, for the

extended fiscal year; provided that, the town is authorized to permit taxes to be paid in five (5)

equal installments.


 

 

 

967)

Section

Amended Chapter Numbers:

 

44-5-11.6

35 and 36, 49 and 50, 52 and 52, 87 and 88, 186 and 187

 

 

44-5-11.6. Assessment of valuations -- Apportionment of levies. [Effective January 10,

2022.]

     (a) Notwithstanding the provisions of § 44-5-11 [repealed], beginning on December 31,

2000, the assessors in the several towns and cities shall conduct an update as defined in this section

or shall assess all valuations and apportion the levy of all taxes legally ordered under the rules and

regulations, not repugnant to law, as the town meetings and city councils, respectively, shall, from

time to time, prescribe; provided, that the update or valuation is performed in accordance with the

following schedules:

     (1)(i) For a transition period, for cities and towns that conducted or implemented a

revaluation as of 1993 or in years later:

Update Revaluation

Lincoln 2000 2003

South Kingstown 2000 2003

Smithfield 2000 2003

West Warwick 2000 2003

Johnston 2000 2003

Burrillville 2000 2003

North Smithfield 2000 2003

Central Falls 2000 2003

North Kingstown 2000 2003

Jamestown 2000 2003

North Providence 2001 2004

Cumberland 2001 2004

Bristol 2004 2001

Charlestown 2001 2004

East Greenwich 2002 2005

Cranston 2002 2005

Barrington 2002 2005

Warwick 2003 2006

Warren 2003 2006

East Providence 2003 2006

     (ii) Provided that the reevaluation period for the town of New Shoreham shall be extended

to 2003 and the update for the town of Hopkinton may be extended to 2007 with no additional

reimbursements by the state relating to the delay.

     (iii) The implementation date for this schedule is December 31, of the stated year.

     (iv) Those cities and towns not listed in this schedule shall continue the revaluation

schedule pursuant to § 44-5-11 [repealed].

     (2)(i) For the post-transition period and in years thereafter:

Update #1 Update #2 Revaluation

Woonsocket 2002 2005 2008

Pawtucket 2002 2005 2008

Portsmouth 2001 2004 2007

Coventry 2001 2004 2007

Providence 2003 2006 2009

Foster 2002 2005 2008

Middletown 2002 2005 2008

Little Compton 2003 2006 2009

Scituate 2003 2006 2009

Westerly 2003 2006 2009

West Greenwich 2004 2007 2010

Glocester 2004 2007 2010

Richmond 2004 2007 2010

Bristol 2004 2007 2010

Tiverton 2005 2008 2011

Newport 2005 2008 2011

New Shoreham 2006 2009 2012

Narragansett 2005 2008 2011

Exeter 2005 2008 2011

Hopkinton 2007 2010 2013

Lincoln 2006 2009 2012

South Kingstown 2006 2009 2012

Smithfield 2006 2009 2012

West Warwick 2006 2009 2012

Johnston 2006 2009 2012

Burrillville 2006 2009 2012

North Smithfield 2006 2009 2012

Central Falls 2006 2009 2012

North Kingstown 2006 2009 2012

Jamestown 2006 2009 2012

North Providence 2007 2010 2013

Cumberland 2007 2010 2013

Charlestown 2007 2010 2013

East Greenwich 2008 2011 2014

Cranston 2008 2011 2014

Barrington 2008 2010 2014

Warwick 2009 2012 2015

Warren 2009 2012 2016

East Providence 2009 2012 2015

     (ii) The implementation date for the schedule is December 31 of the stated year. Upon the

completion of the update and revaluation according to this schedule, each city and town shall

conduct a revaluation within nine (9) years of the date of the prior revaluation and shall conduct an

update of real property every three (3) years from the last revaluation. Provided, that for the town

of Bristol, the time for the first statistical update following the 2010 revaluation shall be extended

from 2013 to 2014 and said statistical update shall be based on valuations as of December 31, 2014,

and the first revaluation following the December 31, 2014, and 2015 statistical revaluation shall be

extended from 2016 to 2019 and said revaluation shall be based on valuations as of December 31,

2018, and, that for the city of Woonsocket, the time of the first statistical update following the 2017

revaluation shall be extended from 2020 to 2021, and the statistical update shall be based on the

valuations as of December 31, 2021. Provided that for the city of East Providence, the revaluation

period as of the December 31, 2021, assessment date shall be extended to the December 31, 2022,

assessment date, with no additional reimbursements by the state relating to the delay.

     (iii) Cities and towns shall not change the assessment of any property based on the purchase

price of the property after a transfer occurs except in accordance with a townwide or citywide

revaluation or update schedule; provided that, this prohibition shall not apply to completed new

real estate construction.

     (b) No later than February 1, 1998, the director of the department of revenue shall

promulgate rules and regulations consistent with the provisions of this section to define the

requirements for the updates that shall include, but not be limited to:

     (1) An analysis of sales;

     (2) A rebuilding of land value tables;

     (3) A rebuilding of cost tables of all improvement items; and

     (4) A rebuilding of depreciation schedules. Upon completion of an update, each city or

town shall provide for a hearing and/or appeal process for any aggrieved person to address any

issue that arose during the update.

     (c) The costs incurred by the towns and cities for the first update shall be borne by the state

in an amount not to exceed twenty dollars ($20.00) per parcel. The costs incurred by the towns and

cities for the second update shall be borne eighty percent (80%) by the state (in an amount not to

exceed sixteen dollars ($16.00) per parcel) and twenty percent (20%) by the town or city, and in

the third update and thereafter, the state shall pay sixty percent (60%) of the update (not to exceed

twelve dollars ($12.00) per parcel) and the town or city shall pay forty percent (40%); provided,

that for the second update and in all updates thereafter, that the costs incurred by any city or town

that is determined to be a distressed community pursuant to § 45-13-12 shall be borne eighty percent

(80%) by the state and twenty percent (20%) by the city or town for all updates required by this

section.

     (d) The office of municipal affairs, after consultation with the League of Cities and Towns

and the Rhode Island Assessors' Association, shall recommend adjustments to the costs formula

described in subsection (c) of this section based upon existing market conditions.

     (e) Any property that is either exempt from the local property tax pursuant to § 44-3-3 or

pays a city or town an amount in lieu of taxes is not required to have its values updated pursuant to

this section and the property is not eligible for the reimbursement provisions of subsection (c) of

this section. However, those properties that are exempt from taxation and are eligible for state

appropriations in lieu of property tax under the provisions of § 45-13-5.1 are eligible for state

reimbursement pursuant to subsection (c) of this section, provided, that these properties were

revalued as part of that city or town's most recent property revaluation.

     (f) No city or town is required to conduct an update pursuant to this section unless the state

has appropriated sufficient funds to cover the state's costs as identified in subsection (c) of this

section.

     (g) Any city or town that fails to conduct an update or revaluation as required by this

section, or requests and receives an extension of the dates specified in this section, shall receive the

same amount of state aid under §§ 45-13-1, 45-13-5.1, and 45-13-12 in the budget year for which

the new values were to apply as the city or town received in state aid in the previous budget year;

provided, however, if the new year's entitlement is lower than the prior year's entitlement, the lower

amount applies, except for the town of New Shoreham for the fiscal year 2003.

     (h) Any bill or resolution to extend the dates for a city or town to conduct an update or

revaluation must be approved by a two-thirds (⅔) majority of both houses of the general assembly.

 

PL.49 and PL.50

   (ii) The implementation date for the schedule is December 31 of the stated year. Upon the

completion of the update and revaluation according to this schedule, each city and town shall

conduct a revaluation within nine (9) years of the date of the prior revaluation and shall conduct an

update of real property every three (3) years from the last revaluation. Provided, that for the town

of Bristol, the time for the first statistical update following the 2010 revaluation shall be extended

from 2013 to 2014 and said statistical update shall be based on valuations as of December 31, 2014,

and the first revaluation following the December 31, 2014, and 2015 statistical revaluation shall be

extended from 2016 to 2019 and said revaluation shall be based on valuations as of December 31,

2018, and, that for the city of Woonsocket, the time of the first statistical update following the 2017

revaluation shall be extended from 2020 to 2021, and the statistical update shall be based on the

valuations as of December 31, 2021 and, that for the town of Johnston, the time of the revaluation

following the 2012 revaluation shall be extended from 2022 to 2023, and the statistical update shall

be based on the valuations as of December 31, 2022.

 

PL.51 and PL.52

    (ii) The implementation date for the schedule is December 31 of the stated year. Upon the

completion of the update and revaluation according to this schedule, each city and town shall

conduct a revaluation within nine (9) years of the date of the prior revaluation and shall conduct an

update of real property every three (3) years from the last revaluation. Provided, that for the town

of Bristol, the time for the first statistical update following the 2010 revaluation shall be extended

from 2013 to 2014 and said statistical update shall be based on valuations as of December 31, 2014,

and the first revaluation following the December 31, 2014, and 2015 statistical revaluation shall be

extended from 2016 to 2019 and said revaluation shall be based on valuations as of December 31,

2018, and, that for the city of Woonsocket, the time of the first statistical update following the 2017

revaluation shall be extended from 2020 to 2021, and the statistical update shall be based on the

valuations as of December 31, 2021, and, that for the city of Warwick, the time for the second

statistical update following the 2015 revaluation shall be extended from 2021 to 2022 and said

statistical update shall be based on valuations as of December 31, 2022.

 

PL.87 and PL.88

 (ii) The implementation date for the schedule is December 31 of the stated year. Upon the

completion of the update and revaluation according to this schedule, each city and town shall

conduct a revaluation within nine (9) years of the date of the prior revaluation and shall conduct an

update of real property every three (3) years from the last revaluation. Provided, that for the town

of Bristol, the time for the first statistical update following the 2010 revaluation shall be extended

from 2013 to 2014 and said statistical update shall be based on valuations as of December 31, 2014,

and the first revaluation following the December 31, 2014, and 2015 statistical revaluation shall be

extended from 2016 to 2019 and said revaluation shall be based on valuations as of December 31,

2018, and, that for the city of Woonsocket, the time of the first statistical update following the 2017

revaluation shall be extended from 2020 to 2021, and the statistical update shall be based on the

valuations as of December 31, 2021, and, that for the town of West Greenwich, the time for a first

statistical update following the 2019 revaluation shall be extended from 2022 to 2023 and said

statistical update shall be based on valuations as of December 31, 2023.

 

PL.186 and PL.187

   (ii) The implementation date for the schedule is December 31 of the stated year. Upon the

completion of the update and revaluation according to this schedule, each city and town shall

conduct a revaluation within nine (9) years of the date of the prior revaluation and shall conduct an

update of real property every three (3) years from the last revaluation. Provided, that for the town

of Bristol, the time for the first statistical update following the 2010 revaluation shall be extended

from 2013 to 2014 and said statistical update shall be based on valuations as of December 31, 2014,

and the first revaluation following the December 31, 2014, and 2015 statistical revaluation shall be

extended from 2016 to 2019 and said revaluation shall be based on valuations as of December 31,

2018, and, that for the city of Woonsocket, the time of the first statistical update following the 2017

revaluation shall be extended from 2020 to 2021, and the statistical update shall be based on the

valuations as of December 31, 2021, and, that for the town of New Shoreham, the full evaluation

nine (9) years following the 2012 revaluation based on the valuations of December 31, 2021, shall

be extended to December 31, 2022, and be based on valuations as of December 31, 2022.


 

 

 

968)

Section

Amended Chapter Numbers:

 

44-5-11.8

23 and 24

 

 

44-5-11.8. Tax classification.

     (a) Upon the completion of any comprehensive revaluation or any update, in accordance

with § 44-5-11.6, any city or town may adopt a tax classification plan, by ordinance, with the

following limitations:

     (1) The designated classes of property shall be limited to the classes as defined in

subsection (b) of this section.

     (2) The effective tax rate applicable to any class, excluding class 4, shall not exceed by

fifty percent (50%) the rate applicable to any other class, except in the city of Providence and the

town of Glocester and the town of East Greenwich; however, in the year following a revaluation or

statistical revaluation or update, the city or town council of any municipality may, by ordinance,

adopt tax rates for the property class for all ratable tangible personal property no greater than twice

the rate applicable to any other class, provided that the municipality documents to, and receives

written approval from, the office of municipal affairs that the rate difference is necessary to ensure

that the estimated tax levy on the property class for all ratable tangible personal property is not

reduced from the prior year as a result of the revaluation or statistical revaluation.

     (3) Any tax rate changes from one year to the next shall be applied such that the same

percentage rate change is applicable to all classes, excluding class 4, except in the city of

Providence and the town of Glocester and the town of East Greenwich.

     (4) Notwithstanding subsections (a)(2) and (a)(3) of this section, the tax rates applicable to

wholesale and retail inventory within Class 3 as defined in subsection (b) of this section are

governed by § 44-3-29.1.

     (5) The tax rates applicable to motor vehicles within Class 4, as defined in subsection (b)

of this section, are governed by § 44-34.1-1.

     (6) The provisions of chapter 35 of this title relating to property tax and fiscal disclosure

apply to the reporting of, and compliance with, these classification restrictions.

     (b) Classes of Property.

     (1) Class 1: Residential real estate consisting of no more than five (5) dwelling units; land

classified as open space; and dwellings on leased land including mobile homes. In the city of

Providence, this class may also include residential properties containing partial commercial or

business uses and residential real estate of more than five (5) dwelling units.

     (i) A homestead exemption provision is also authorized within this class; provided

however, that the actual, effective rate applicable to property qualifying for this exemption shall be

construed as the standard rate for this class against which the maximum rate applicable to another

class shall be determined, except in the town of Glocester and the city of Providence.

     (ii) In lieu of a homestead exemption, any city or town may divide this class into non-

owner and owner-occupied property and adopt separate tax rates in compliance with the within tax

rate restrictions.

     (2) Class 2: Commercial and industrial real estate; residential properties containing partial

commercial or business uses; and residential real estate of more than five (5) dwelling units. In the

city of Providence, properties containing partial commercial or business uses and residential real

estate of more than five (5) dwelling units may be included in Class 1.

     (3) Class 3: All ratable, tangible personal property.

     (4) Class 4: Motor vehicles and trailers subject to the excise tax created by chapter 34 of

this title.

     (c) The city council of the city of Providence and the town council of the town of Glocester

and the town council of the town of East Greenwich may, by ordinance, provide for, and adopt, a

tax rate on various classes as they shall deem appropriate. Provided, that the tax rate for Class 2

shall not be more than two (2) times the tax rate of Class 1 and the tax rate applicable to Class 3

shall not exceed the tax rate of Class 1 by more than two hundred percent (200%). Glocester shall

be able to establish homestead exemptions up to fifty percent (50%) of value and the calculation

provided in subsection (b)(1)(i) shall not be used in setting the differential tax rates.

     (d) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of Middletown may hereafter, by ordinance, adopt a tax classification plan in accordance with

the provisions of subsections (a) and (b) of this section, to be applicable to taxes assessed on or

after the assessment date of December 31, 2002.

     (e) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of Little Compton may hereafter, by ordinance, adopt a tax classification plan in accordance

with the provisions of subsections (a) and (b) of this section and the provisions of § 44-5-79, to be

applicable to taxes assessed on or after the assessment date of December 31, 2004.

     (f) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of Scituate may hereafter, by ordinance, change its tax assessment from fifty percent (50%)

of value to one hundred percent (100%) of value on residential and commercial/industrial/mixed-

use property, while tangible property is assessed at one hundred percent (100%) of cost, less

depreciation; provided, however, the tax rate for Class 3 (tangible) property shall not exceed the

tax rate for Class 1 (residential) property by more than two hundred thirteen percent (213%). This

provision shall apply whether or not the fiscal year is also a revaluation year.

     (g) Notwithstanding the provisions of subsections (a) and (b) of this section, the town

council of the town of Coventry may hereafter, by ordinance, adopt a tax classification plan

providing that Class 1, as set forth in subsection (b) "Classes of Property" of this section, may also

include residential properties containing commercial or business uses, such ordinance to be

applicable to taxes assessed on or after the assessment date of December 31, 2014.

     (h) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of East Greenwich may hereafter, by ordinance, adopt a tax classification plan in accordance

with the provisions of subsections (a) and (b) of this section, to be applicable to taxes assessed on

or after the assessment date of December 31, 2018. Further, the East Greenwich town council may

adopt, repeal, or modify that tax classification plan for any tax year thereafter, notwithstanding the

provisions of subsection (a) of this section.

     (i) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of Middletown may hereafter, by ordinance, adopt a tax classification plan in accordance with

the provisions of subsections (a) and (b) of this section, to be applicable to taxes assessed on or

after the assessment date of December 31, 2022.


 

 

 

969)

Section

Added Chapter Numbers:

 

44-5-11.16

140 and 141

 

 

44-5-11.16. Tax classification -- Cumberland.

     (a) The assessor of the town of Cumberland shall annually prepare a list containing the full

and fair valuation of each property within the town and the percentage of the tax levy to be

apportioned to each class of property and tax rates sufficient to produce the proportion of the total

tax levy.

     (b) The assessor has the authority to apply different rates of taxation against all classes of

property to determine the tax due and payable on the property; provided that, the rate of taxation is

uniform within each class.

     (c) Classes of property.

     (1) Class 1: Residential real estate consisting of no not more than five (5) dwelling units;

land classified as open space; and dwellings on leased land including mobile homes.

     (i) A homestead exemption provision is also authorized within this class.

     (ii) In lieu of a homestead exemption, the town of Cumberland may divide this class into

non-owner and owner-occupied property and adopt separate tax rates in compliance with the tax

rate restrictions.

     (2) Class 2: Commercial and industrial real estate; residential properties containing partial

commercial or business uses; and residential real estate of more than five (5) dwelling units.

     (3) Class 3: All ratable, tangible personal property.

     (4) Class 4: Motor vehicles and trailers subject to the excise tax created by chapter 34 of

this title 44.


 

 

 

970)

Section

Amended Chapter Numbers:

 

44-5-20.10

91 and 92

 

 

44-5-20.10. Johnston -- Property tax classification authorized.

     The town of Johnston may, by resolution or ordinance adopted by the town council, provide

for a system of classification of taxable property in conformity with the provisions of § 44-5-11.8.

as follows:

     (1) Class one: all residential real estate which that consists of not more than five (5)

dwelling units;

     (2) Class two: all commercial and industrial real estate and all residential real estate which

that consists of six (6) or more dwelling units;

     (3) Class three: all ratable tangible personal property; and

     (4) Class four: all motor vehicles and trailers subject to the excise tax created by chapter

34 of this title.


 

 

 

971)

Section

Amended Chapter Numbers:

 

44-5-76.1

138 and 139

 

 

44-5-76.1. Newport -- Property tax classification -- List of ratable property.

     (a) Upon adoption of a system of classification of taxable property by the city of Newport,

all ratable property in the city of Newport shall be classified by the assessor as follows:

     (1) Class One: all ratable tangible personal property;

     (2) Class Two: residential real estate with less than four (4) units;

     (3) Class Three: all commercial and industrial real estate and residential real estate with

four (4) units or more; and

     (4) Class Four: motor vehicles and trailers subject to the excise tax created by chapter 34

of this title.

     (b) In lieu of the city of Newport adopting a homestead exemption authorized by

ordinances enacted pursuant to § 44-5-78, the city of Newport may divide the residential real estate

in Class Two of this section, into non-owner occupied and owner-occupied properties and adopt

separate tax rates in compliance with the restrictions set forth in § 44-5-76.2. The city of Newport,

by ordinance or resolution, shall provide rules and regulations, including, but not limited to,

governing the division and definition of non-owner and owner-occupied properties.


 

 

 

972)

Section

Amended Chapter Numbers:

 

44-33.6-2

271 and 272

 

 

44-33.6-2. Definitions.

     As used in this chapter:

     (1) "Certified historic structure" means a property which is located in the state of Rhode

Island and is:

     (i) Listed individually on the national register of historic places; or

     (ii) Listed individually in the state register of historic places; or

     (iii) Located in a registered historic district and certified by either the commission or

Secretary of the Interior as being of historic significance to the district.

     (2) "Certified rehabilitation" means any rehabilitation of a certified historic structure

consistent with the historic character of such property or the district in which the property is located

as determined by the commission guidelines.

     (3)(16) "Substantial construction" means that: (i) the The owner of a certified historic

structure has entered into a contract with the division of taxation and paid the processing fee; (ii)

the The commission has certified that the certified historic structure's rehabilitation will be

consistent with the standards set forth in this chapter; and (iii) the The owner has expended ten

percent (10%) of its qualified rehabilitation expenditures, estimated in the contract entered into

with the division of taxation for the project or its first phase of a phased project.

     (4)(3) "Commission" means the Rhode Island historical preservation and heritage

commission created pursuant to § 42-45-2.

     (5)(4) "Construction worker" means any laborer, mechanic, or machine operator employed

by a contractor or subcontractor in connection with the construction, alteration, repair, demolition,

reconstruction, or other improvements to real property.

     (5)(6)(5) "Exempt from real property tax" means, with respect to any certified historic

structure, that the structure is exempt from taxation pursuant to § 44-3-3.

     (6)(7)(6) "Hard construction costs" means the direct contractor costs for labor, material,

equipment, and services associated with an approved project, contractors contractor’s overhead

and profit, and other direct construction costs.

     (7)(8)(7) "Holding period" means twenty-four (24) months after the commission issues a

certificate of completed work to the owner. In the case of a rehabilitation which may reasonably be

expected to be completed in phases as described in subdivision (15) of this section, "holding period"

shall be extended to include a period of time beginning on the date of issuance of a certificate of

completed work for the first phase or phases for which a certificate of completed work is issued

and continuing until the expiration of twenty-four (24) months after the certificate of completed

work issued for the last phase.

     (8)(9)(8) "Part 2 application" means the Historic Preservation Certification Application

Part 2–Description of Rehabilitation.

     (9)(10)(9) "Placed in service" means that substantial rehabilitation work has been

completed which would allow for occupancy of the entire structure or some identifiable portion of

the structure, as established in the Part 2 application.

     (10)(11)(10) "Principal residence" means the principal residence of the owner within the

meaning of section 121 of the Internal Revenue Code [26 U.S.C. § 121] or any successor provision.

     (11)(12)(11) "Qualified rehabilitation expenditures" means any amounts expended in the

rehabilitation of a certified historic structure properly capitalized to the building and either:

     (i) Depreciable under the Internal Revenue Code, 26 U.S.C. § 1 et seq.,; or

     (ii) Made with respect to property (other than the principal residence of the owner) held for

sale by the owner. Fees paid pursuant to this chapter are not qualified rehabilitation expenditures.

Notwithstanding the foregoing, except in the case of a nonprofit corporation, there will be deducted

from qualified rehabilitation expenditures for the purposes of calculating the tax credit any funds

made available to the person (including any entity specified in section § 44-33.5-3(a)) incurring the

qualified rehabilitation expenditures in the form of a direct grant from a federal, state, or local

governmental entity or agency or instrumentality of government.

     (12)(13)(12) "Registered historic district" means any district listed in the national register

National Register of historic places Historic Places or the state register of historic places.

     (13)(14)(13) "Remain idle" means that substantial work has ceased at the subject project;

work crews have been reduced by more than twenty-five percent (25%) for reasons unrelated to

scheduled completion of work in accordance with the project schedule, reasonably unanticipated

physical conditions, or force majeure; or the project schedule that was originally submitted by the

taxpayer to the commission has been extended by more than twelve (12) months for reasons other

than reasonably unanticipated physical conditions or an event of force majeure (by way of example,

and not in limitation, any delays, work stoppage, or work force workforce reduction caused by

issues with project funding, finances, disputes, or violation of laws shall be deemed to cause a

project to remain idle).

     (14)(15)(14) "Scattered site development" means a development project for which the

developer seeks unified financing to rehabilitate dwelling units in two (2) or more buildings located

in an area that is defined by a neighborhood revitalization plan and is not more than one mile in

diameter.

     (15)(16)(15) "Social club" means a corporation or other entity and/or its affiliate that offers

its facilities primarily to members for social or recreational purposes and the majority source of its

revenue is from funds and/or dues paid by its members and/or an entity defined as a social club

pursuant to the Internal Revenue Code section 501(c)(7).

     (16)(17) "Substantial rehabilitation" means, with respect to a certified historic structure,

that the qualified rehabilitation expenses of the building during the twenty-four-(24) month (24)

period selected by the taxpayer ending with or within the taxable year exceed the adjusted basis in

such building and its structural components as of the beginning of such period. In the case of any

rehabilitation, which may reasonably be expected to be completed in phases set forth in

architectural plans and specifications completed before the rehabilitation begins, the above

definition shall be applied by substituting "sixty-(60) month (60) period" for "twenty-four-(24)

month (24) period."

     (17)(18) "Trade or business" means an activity that is carried on for the production of

income from the sale or manufacture of goods or performance of services, excluding residential

rental activity.


 

 

 

973)

Section

Amended Chapter Numbers:

 

44-33.6-3

271 and 272

 

 

44-33.6-3. Tax credit.

     (a) Subject to the maximum credit provisions set forth in subsections (c) and (d) below,

any person, firm, partnership, trust, estate, limited liability company, corporation (whether for

profit or nonprofit) or other business entity that incurs qualified rehabilitation expenditures for the

substantial rehabilitation of a certified historic structure, provided the rehabilitation meets standards

consistent with the standards of the Secretary of the United States Department of the Interior for

rehabilitation as certified by the commission and said person, firm, partnership, trust, estate, limited

liability company, corporation or other business entity is not a social club as defined in § 44-33.6-

2(15) of this chapter, shall be entitled to a credit against the taxes imposed on such person or entity

pursuant to chapter 11, 12, 13, 14, 17, or 30 of this title in an amount equal to the following:

     (1) Twenty percent (20%) of the qualified rehabilitation expenditures; or

     (2) Twenty-five percent (25%) of the qualified rehabilitation expenditures provided that

either:

     (i) At least twenty-five percent (25%) of the total rentable area of the certified historic

structure will be made available for a trade or business; or

     (ii) The entire rentable area located on the first floor of the certified historic structure will

be made available for a trade or business.

     (b) Tax credits allowed pursuant to this chapter shall be allowed for the taxable year in

which such certified historic structure or an identifiable portion of the structure is placed in service

provided that the substantial rehabilitation test is met for such year.

     (c) Maximum project credit. The credit allowed pursuant to this chapter shall not exceed

five million dollars ($5,000,000) for any certified rehabilitation project under this chapter. No

building to be completed in phases or in multiple projects shall exceed the maximum project credit

of five million dollars ($5,000,000) for all phases or projects involved in the rehabilitation of such

building.

     (d) Maximum aggregate credits. The aggregate credits authorized to be reserved pursuant

to this chapter shall not exceed sums estimated to be available in the historic preservation tax credit

trust fund pursuant to this chapter.

     (e) Subject to the exception provided in subsection (g) of this section, if the amount of the

tax credit exceeds the taxpayer's total tax liability for the year in which the substantially

rehabilitated property is placed in service, the amount that exceeds the taxpayer's tax liability may

be carried forward for credit against the taxes imposed for the succeeding ten (10) years, or until

the full credit is used, whichever occurs first for the tax credits. Credits allowed to a partnership, a

limited liability company taxed as a partnership, or multiple owners of property shall be passed

through to the persons designated as partners, members, or owners respectively pro rata or pursuant

to an executed agreement among such persons designated as partners, members, or owners

documenting an alternate distribution method without regard to their sharing of other tax or

economic attributes of such entity. Credits may be allocated to partners, members, or owners that

are exempt from taxation under section 501(c)(3), section (c)(4) or section 501(c)(6) of the U.S.

Code and these partners, members or owners must be treated as taxpayers for purposes of this

section.

     (f) If the taxpayer has not claimed the tax credits in whole or part, taxpayers eligible for

the tax credits may assign, transfer, or convey the credits, in whole or in part, by sale or otherwise

to any individual or entity, including, but not limited to, condominium owners in the event the

certified historic structure is converted into condominiums and assignees of the credits that have

not claimed the tax credits in whole or part may assign, transfer, or convey the credits, in whole or

in part, by sale or otherwise to any individual or entity. The assignee of the tax credits may use

acquired credits to offset up to one hundred percent (100%) of the tax liabilities otherwise imposed

pursuant to chapter 11, 12, 13, (other than the tax imposed under § 44-13-13), 14, 17, or 30 of this

title. The assignee may apply the tax credit against taxes imposed on the assignee until the end of

the tenth calendar year after the year in which the substantially rehabilitated property is placed in

service or until the full credit assigned is used, whichever occurs first. Fiscal year assignees may

claim the credit until the expiration of the fiscal year that ends within the tenth year after the year

in which the substantially rehabilitated property is placed in service. The assignor shall perfect the

transfer by notifying the state of Rhode Island division of taxation, in writing, within thirty (30)

calendar days following the effective date of the transfer and shall provide any information as may

be required by the division of taxation to administer and carry out the provisions of this section.

     For purposes of this chapter, any assignment or sales proceeds received by the taxpayer for

its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from this

title. If a tax credit is subsequently recaptured under this chapter, revoked, or adjusted, the seller's

tax calculation for the year of revocation, recapture, or adjustment shall be increased by the total

amount of the sales proceeds, without proration, as a modification under chapter 30 of this title. In

the event that the seller is not a natural person, the seller's tax calculation under chapters chapter

11, 12, 13 (other than with respect to the tax imposed under § 44-13-13), 14, 17, or 30 of this title,

as applicable, for the year of revocation, recapture, or adjustment, shall be increased by including

the total amount of the sales proceeds without proration.

     (g) Credits allowed to partners, members, or owners that are exempt from taxation under

section 501(c)(3), section (c)(4) or section 501(c)(6) of the U.S. Code, and only said credits, shall

be fully refundable.

     (h) Substantial rehabilitation of property that either:

     (1) Is exempt from real property tax;

     (2) Is a social club; or

     (3) Consists of a single-family home or a property that contains less than three (3)

residential apartments or condominiums shall be ineligible for the tax credits authorized under this

chapter; provided, however, a scattered site development with five (5) or more residential units in

the aggregate (which may include single-family homes) shall be eligible for tax credit. In the event

a certified historic structure undergoes a substantial rehabilitation pursuant to this chapter and

within twenty-four (24) months after issuance of a certificate of completed work the property

becomes exempt from real property tax, the taxpayer's tax for the year shall be increased by the

total amount of credit actually used against the tax.

     (i) In the case of a corporation, this credit is only allowed against the tax of a corporation

included in a consolidated return that qualifies for the credit and not against the tax of other

corporations that may join in the filing of a consolidated tax return.

     (j) For construction projects in excess of ten million dollars ($10,000,000), all construction

workers shall be paid in accordance with the wages and benefits required pursuant to chapter 13 of

title 37 and all contractors and subcontractors shall file certified payrolls on a monthly basis for all

work completed in the preceding month on a uniform form prescribed by the director of labor and

training. Failure to follow the requirements pursuant to chapter 13 of title 37 shall constitute a

material violation and a material breach of the agreement with the state. The tax administrator, in

consultation with the director of labor and training, shall promulgate such rules and regulations as

are necessary to implement the enforcement of this subsection.

     (k) No tax credits shall be awarded under this chapter unless the division of taxation

receives confirmation from the department of labor and training that there has been compliance

with the prevailing wage requirements set forth in subsection (j) of this section.


 

 

 

974)

Section

Amended Chapter Numbers:

 

44-49

31 and 32

 

 

CHAPTER 44-49

CONTROLLED SUBSTANCES TAXATION ACT


 

 

 

975)

Section

Amended Chapter Numbers:

 

44-49-1

31 and 32

 

 

44-49-1. Short title.

     This chapter shall be known as the "Marijuana and Controlled Substances Taxation Act".


 

 

976)

Section

Amended Chapter Numbers:

 

44-49-2

31 and 32

 

 

44-49-2. Definitions.

     (a) "Controlled substance" means any drug or substance, whether real or counterfeit, as

defined in § 21-28-1.02(8), that is held, possessed, transported, transferred, sold, or offered to be

sold in violation of Rhode Island laws. "Controlled substance" does not include marijuana.

     (b) "Dealer" means a person who in violation of Rhode Island law manufactures, produces,

ships, transports, or imports into Rhode Island or in any manner acquires or possesses more than

forty-two and one half (42.5) grams of marijuana, or seven (7) or more grams of any controlled

substance, or ten (10) or more dosage units of any controlled substance which is not sold by weight.

A quantity of marijuana or a controlled substance is measured by the weight of the substance

whether pure or impure or dilute, or by dosage units when the substance is not sold by weight, in

the dealer's possession. A quantity of a controlled substance is dilute if it consists of a detectable

quantity of pure controlled substance and any excipients or fillers.

     (c) "Marijuana" means any marijuana, whether real or counterfeit, as defined in § 21-28-

1.02(30), that is held, possessed, transported, transferred, sold, or offered to be sold in violation of

Rhode Island laws.


 

 

 

977)

Section

Amended Chapter Numbers:

 

44-49-4

31 and 32

 

 

44-49-4. Rules.

     The tax administrator may adopt rules necessary to enforce this chapter. The tax

administrator shall adopt a uniform system of providing, affixing, and displaying official stamps,

official labels, or other official indicia for marijuana and controlled substances on which a tax is

imposed.


 

 

 

978)

Section

Amended Chapter Numbers:

 

44-49-5

31 and 32

 

 

44-49-5. Tax payment required for possession.

     No dealer may possess any marijuana or controlled substance upon which a tax is imposed

under this chapter unless the tax has been paid on the marijuana or a controlled substance as

evidenced by a stamp or other official indicia.


 

 

979)

Section

Amended Chapter Numbers:

 

44-49-7

31 and 32

 

 

44-49-7. Pharmaceuticals.

     Nothing in this chapter shall require persons lawfully in possession of marijuana or a

controlled substance to pay the tax required under this chapter.


 

 

 

980)

Section

Amended Chapter Numbers:

 

44-49-8

31 and 32

 

 

44-49-8. Measurement.

     For the purpose of calculating this tax, a quantity of marijuana or a controlled substance is

measured by the weight of the substance whether pure or impure or dilute, or by dosage units when

the substance is not sold by weight, in the dealer's possession. A quantity of a controlled substance

is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or

fillers.


 

 

 

981)

Section

Amended Chapter Numbers:

 

44-49-9

31 and 32

 

 

44-49-9. Tax rate.

     A tax is imposed on marijuana and controlled substances as defined in § 44-49-2 at the

following rates:

     (1) On each gram of marijuana, or each portion of a gram, three dollars and fifty cents

($3.50); and

     (2)(1) On each gram of controlled substance, or portion of a gram, two hundred dollars

($200); or

     (3)(2) On each ten (10) dosage units of a controlled substance that is not sold by weight,

or portion of the dosage units, four hundred dollars ($400).


 

 

 

982)

Section

Amended Chapter Numbers:

 

44-49-9.1

31 and 32

 

 

44-49-9.1. Imposition of tax, interest and liens.

     (a) Any law enforcement agency seizing marijuana and/or controlled substances as defined

in § 44-49-2 in the quantities set forth in that section shall report to the division of taxation no later

than the twenty-fifth (25th) of each month, the amount of all marijuana and controlled substances

seized during the previous month and the name and address of each dealer from whom the

marijuana and controlled substances were seized.

     (b) The tax administrator shall assess the dealer for any tax due at the rate provided by §

44-49-9. The tax shall be payable within fifteen (15) days after its assessment and, if not paid when

due, shall bear interest from the date of its assessment at the rate provided in § 44-1-7 until paid.

     (c) The tax administrator may file a notice of tax lien upon the real property of the dealer

located in this state immediately upon mailing a notice of assessment to the dealer at the address

listed in the report of the law enforcement agency. The tax administrator may discharge the lien

imposed upon the filing of a bond satisfactory to the tax administrator in an amount equal to the

tax, interest and penalty imposed under this chapter.


 

 

983)

Section

Amended Chapter Numbers:

 

44-49-10

31 and 32

 

 

44-49-10. Penalties -- Criminal provisions.

     (a) Penalties. Any dealer violating this chapter is subject to a penalty of one hundred

percent (100%) of the tax in addition to the tax imposed by § 44-49-9. The penalty will be collected

as part of the tax.

     (b) Criminal penalty; sale without affixed stamps. In addition to the tax penalty imposed,

a dealer distributing or possessing marijuana or controlled substances without affixing the

appropriate stamps, labels, or other indicia is guilty of a crime and, upon conviction, may be

sentenced to imprisonment for not more than five (5) years, or to payment of a fine of not more

than ten thousand dollars ($10,000), or both.

     (c) Statute of limitations. An indictment may be found and filed, or a complaint filed, upon

any criminal offense specified in this section, in the proper court within six (6) years after the

commission of this offense.


 

 

984)

Section

Amended Chapter Numbers:

 

44-49-11

31 and 32

 

 

44-49-11. Stamp price.

     Official stamps, labels, or other indicia to be affixed to all marijuana or controlled

substances shall be purchased from the tax administrator. The purchaser shall pay one hundred

percent (100%) of face value for each stamp, label, or other indicia at the time of the purchase.


 

 

985)

Section

Amended Chapter Numbers:

 

44-49-12

31 and 32

 

 

44-49-12. Payment due.

     (a) Stamps affixed. When a dealer purchases, acquires, transports, or imports into this state

marijuana or controlled substances on which a tax is imposed by § 44-49-9, and if the indicia

evidencing the payment of the tax have not already been affixed, the dealer shall have them

permanently affixed on the marijuana or controlled substance immediately after receiving the

substance. Each stamp or other official indicia may be used only once.

     (b) Payable on possession. Taxes imposed upon marijuana or controlled substances by this

chapter are due and payable immediately upon acquisition or possession in this state by a dealer.


 

 

 

986)

Section

Added Chapter Numbers:

 

44-70

31 and 32

 

 

CHAPTER 70

CANNABIS TAX


 

 

 

987)

Section

Added Chapter Numbers:

 

44-70-1

31 and 32

 

 

44-70-1. Definitions.

     (a) As used in this chapter, the following words shall, unless the context clearly requires

otherwise, have the following meanings:

     (1) ''Administrator'' means the state tax administrator in the department of revenue as set

forth in chapter 1 of title 44.

     (2) ''Cannabis,'' ''marijuana establishment,'' "marijuana paraphernalia," "marijuana

products'' and "marijuana retailer'', shall have the same meaning as defined in chapter 28.11 of title

21.

     (3) "Cannabis control commission" means the entity established as set forth in chapter

28.11 of title 21.

     (4) "Local cannabis excise tax" means the tax set forth in § 44-70-3.

     (5) "State cannabis excise tax" means the tax set forth in § 44-70-2.


 

 

 

988)

Section

Added Chapter Numbers:

 

44-70-2

31 and 32

 

 

44-70-2. State cannabis excise tax -- Rate -- Payment.

     (a) Except for a sale in compliance with the provisions of chapter 28.6 of the title 21, a

state cannabis excise tax is hereby imposed upon the sale of cannabis or cannabis products by a

cannabis retailer to anyone other than a cannabis establishment at a rate of ten percent (10%) of the

total sales price received by the cannabis retailer as consideration for the sale of cannabis or

cannabis products. The state cannabis excise tax shall be levied in addition to any state sales and

use tax imposed upon the sale of property or services as provided in chapter 18 of title 44 and shall

be paid by a cannabis retailer to the administrator at the time provided for filing the return required

by chapters 18 and 19 of title 44.

     (b) The assessment, collection and enforcement of the state cannabis excise tax shall be

pursuant to the provisions of chapters 18 and 19 of title 44 and paid to the administrator by the

retailer at the time and in the manner prescribed for sales tax in § 44-19-10. The retailer shall add

the tax imposed by this section to the sales price or charge, and when added, the tax constitutes a

part of the price or charge, is a debt from the consumer or user to the state and is recoverable at law

in the same manner as other debts.

     (c) Failure to pay the state cannabis excise tax to the state, or any amount of tax required

to be collected and paid to the state, shall result in interest at the annual rate provided by § 44-1-7

from the date on which the tax or amount of the tax required to be collected became due and payable

to the state until date of payment.


 

 

989)

Section

Added Chapter Numbers:

 

44-70-3

31 and 32

 

 

44-70-3. Local cannabis excise tax.

     (a) Except for a sale in compliance with the provisions of chapter 28.6 of title 21, there is

hereby levied and imposed a local cannabis excise tax upon the sale or transfer of cannabis or

cannabis products by a cannabis retailer to anyone other than a cannabis establishment at a rate of

three percent (3%) of the total sales price received by the cannabis retailer as consideration for the

sale of cannabis or cannabis products.

     (b) The assessment, collection and enforcement of the local cannabis excise tax shall be

pursuant to the provisions of chapters 18 and 19 of title 44 and paid to the administrator by the

retailer at the time and in the manner prescribed for sales tax in § 44-19-10. The retailer shall add

the tax imposed by this section to the sales price or charge, and when added, the tax constitutes a

part of the price or charge, is a debt from the consumer or user to the state, and is recoverable at

law in the same manner as other debts.

     (c) All sums received by the division of taxation under this section as local cannabis excise

tax or associated amounts as penalties, forfeitures, interest, costs of suit, and fines for failure to

properly pay taxes due pursuant to the provisions of this section, shall be distributed at least

quarterly and credited and paid by the state treasurer to the city or town where the cannabis is

delivered.


 

 

990)

Section

Added Chapter Numbers:

 

44-70-4

31 and 32

 

 

44-70-4. Exemptions.

     The state cannabis excise tax and the local cannabis excise tax provided by this chapter

shall not apply to the sale of cannabis or cannabis products by a medical marijuana treatment center

as defined in § 21-28.11-3 to a primary caregiver to a qualifying patient as defined in § 21-28.6-3,

cardholder, compassion center cardholder, or authorized purchaser pursuant to chapter 28.6 of title

21.


 

 

 

991)

Section

Added Chapter Numbers:

 

44-70-5

31 and 32

 

 

44-70-5. Application of tax revenue.

     The administrator shall deposit revenue collected pursuant to this chapter from the state

cannabis excise tax or associated amounts as penalties, forfeitures, interest, costs of suit, and fines

for failure to timely report or pay the state cannabis excise tax into the marijuana trust fund pursuant

to § 21-28.11-13(d) and revenue from the sales tax into the general fund.


 

 

 

992)

Section

Added Chapter Numbers:

 

44-70-6

31 and 32

 

 

44-70-6. Rates of taxation.

     The general assembly may adjust the rates of taxation provided for in this chapter at any

time. The cannabis control commission may make such recommendations to the general assembly,

as the commission deems appropriate, in regard to the rate of taxation set forth in this chapter.


 

 

 

 

993)

Section

Added Chapter Numbers:

 

44-70-7

31 and 32

 

 

44-70-7. Returns.

     (a) Every licensed adult use cannabis retailer shall, on or before the twentieth day of the

month following the sale of cannabis products, make a return to the tax administrator for taxes due

under §§ 44-70-2 and 44-70-3. Adult use cannabis retailers shall file their returns on a form as

prescribed by the tax administrator.

     (b) If for any reason an adult use cannabis retailer fails to collect the tax imposed §§ 44-

70-2 and 44-70-3 from the purchaser, the purchaser shall file a return and pay the tax directly to

the state, on or before the date required by subsection (a) of this section.

     (c) Notwithstanding any other provision of law, the cannabis control commission and tax

administrator may, on a periodic basis, prepare and publish for public distribution a list of entities

and their active licenses administered under this chapter. Each list may contain the license type,

name of the licensee, and the amount of tax paid under this chapter.

     (d) Notwithstanding any other provision of law, the cannabis control commission and tax

administrator may, on a periodic basis, prepare and publish for public distribution a list of entities

and their active licenses administered under this chapter. Each list may contain the license type,

name of the licensee, and the amount of tax paid under this chapter.


 

 

 

 

994)

Section

Added Chapter Numbers:

 

44-70-8

31 and 32

 

 

44-70-8. Sale of contraband products prohibited.

     (a) No person shall sell, offer for sale, display for sale, or possess with intent to sell any

contraband cannabis, or cannabis products.

     (b) Any cannabis or cannabis products exchanged in which one of the two (2) entities does

not have a license or exchanged between a non-licensed entity and a consumer shall be considered

contraband.

     (c) Any cannabis or cannabis products for which applicable taxes have not been paid as

specified in title 44 shall be considered contraband.

     (d) Failure to comply with the provisions of this chapter may result in the imposition of the

applicable civil penalties in § 44-70-13; however, the possession of cannabis or cannabis products

as described in this chapter do not constitute contraband for purposes of imposing a criminal penalty

under chapter 28 of title 21.


 

 

 

 

995)

Section

Added Chapter Numbers:

 

44-70-9

31 and 32

 

 

44-70-9. Recordkeeping.

     (a) Each licensee shall maintain copies of invoices or equivalent documentation for, or

itemized for, each transaction involving the sale or transfer of cannabis or cannabis products. All

records and invoices required under this section must be safely preserved for three (3) years in a

manner to insure permanency and accessibility for inspection by the administrator or his or her

authorized agents.

     (b) Records required under this section shall be preserved on the premises described in the

relevant license in such a manner as to ensure permanency and accessibility for inspection at

reasonable hours by authorized personnel of the administrator.

     (c) Any person who fails to submit the reports required in this chapter or by the tax

administrator under this chapter, or who makes any incomplete, false, or fraudulent report, or who

refuses to permit the tax administrator or his or her authorized agent to examine any books, records,

papers, or stocks of cannabis or cannabis products as provided in this chapter, or who refuses to

supply the tax administrator with any other information which the tax administrator requests for

the reasonable and proper enforcement of the provisions of this chapter, shall be guilty of a

misdemeanor punishable by imprisonment up to one (1) year, or a fine of not more than five

thousand dollars ($5,000), or both, for the first offense, and for each subsequent offense, shall be

fined not more than ten thousand dollars ($10,000), or be imprisoned not more than five (5) years,

or both.


 

 

 

996)

Section

Added Chapter Numbers:

 

44-70-10

31 and 32

 

 

44-70-10. Inspections and investigations.

     (a) The tax administrator or his or her duly authorized agent shall have authority to enter

and inspect, without a warrant during normal business hours, and with a warrant during nonbusiness

hours, the facilities and records of any licensee.

     (b) In any case where the administrator or his or her duly authorized agent, or any police

officer of this state, has knowledge or reasonable grounds to believe that any vehicle is transporting

cannabis or cannabis products in violation of this chapter, the administrator, such agent, or such

police officer, is authorized to stop such vehicle and to inspect the same for contraband cannabis

or cannabis products.

     (c) For the purpose of determining the correctness of any return, determining the amount

of tax that should have been paid, determining whether or not the licensee should have made a

return or paid taxes, or collecting any taxes under this chapter, the tax administrator may examine,

or cause to be examined, any books, papers, records, or memoranda, that may be relevant to making

those determinations, whether the books, papers, records, or memoranda, are the property of or in

the possession of the licensee or another person. The tax administrator may require the attendance

of any person having knowledge or information that may be relevant, compel the production of

books, papers, records, or memoranda by persons required to attend, take testimony on matters

material to the determination, and administer oaths or affirmations. Upon demand of the tax

administrator or any examiner or investigator, any court shall issue a subpoena for the attendance

of a witness or the production of books, papers, records, and memoranda. Disobedience of

subpoenas issued under this chapter is punishable by the superior court of the district in which the

subpoena is issued.


 

 

 

997)

Section

Added Chapter Numbers:

 

44-70-11

31 and 32

 

 

44-70-11. Suspension or revocation of license.

     The tax administrator shall inform the commission and upon the receipt of such information

the commission shall be authorized to suspend or revoke any license under this chapter for failure

of the licensee to comply with any provision of this chapter or with any provision of any other law

or ordinance relative to the sale or transfer of cannabis or cannabis products.


 

 

 

998)

Section

Added Chapter Numbers:

 

44-70-12

31 and 32

 

 

44-70-12. Seizure and destruction.

     Any cannabis or cannabis products found in violation of this chapter shall be declared to

be contraband goods and may be seized by the tax administrator, his or her agents, or employees,

or by any deputy sheriff, or police officer when directed by the tax administrator to do so, without

a warrant. For the purposes of seizing and destroying contraband cannabis, employees of the

commission or cannabis office may act as agents of the tax administrator. The seizure and/or

destruction of any cannabis or cannabis products under the provisions of this section does not

relieve any person from a fine or other penalty for violation of this chapter. The commission, in

conjunction with the tax administrator and the department of public safety, may promulgate rules

and regulations for the destruction of contraband goods pursuant to this section.


 

 

 

 

999)

Section

Added Chapter Numbers:

 

44-70-13

31 and 32

 

 

44-70-13. Penalties.

     (a) Failure to file tax returns or to pay tax. In the case of failure:

     (1) To file. The tax return on or before the prescribed date, unless it is shown that the failure

is due to reasonable cause and not due to willful neglect, an addition to tax shall be made equal to

ten percent (10%) of the tax required to be reported. For this purpose, the amount of tax required

to be reported shall be reduced by an amount of the tax paid on or before the date prescribed for

payment and by the amount of any credit against the tax which may properly be claimed upon the

return.

     (2) To pay. The amount shown as tax on the return on or before the prescribed date for

payment of the tax unless it is shown that the failure is due to reasonable cause and not due to

willful neglect, there shall be added to the amount shown as tax on the return ten percent (10%) of

the amount of the tax.

     (b) Negligence. If any part of a deficiency is due to negligence or intentional disregard of

the Rhode Island General Laws or rules or regulations under this chapter (but without intent to

defraud), five percent (5%) of that part of the deficiency shall be added to the tax.

     (c) Fraud. If any part of a deficiency is due to fraud, fifty percent (50%) of that part of the

deficiency shall be added to the tax. This amount shall be in lieu of any other additional amounts

imposed by subsections (a) and (b) of this section.

     (d) Failure to collect and pay over tax. Any person required to collect, truthfully account

for, and pay over any tax under this title who willfully fails to collect the tax or truthfully account

for and pay over the tax or willfully attempts in any manner to evade or defeat the tax or the payment

thereof, shall, in addition to other penalties provided by law, be liable for the imposition of a civil

penalty equal to the total amount of the tax evaded, or not collected, or not accounted for and paid

over.

     (e) Additions and penalties treated as tax. The additions to the tax and civil penalties

provided by this section shall be paid upon notice and demand and shall be assessed, collected, and

paid in the same manner as taxes.

     (f) Bad checks. If any check or money order in payment of any amount receivable under

this title is not duly paid, in addition to any other penalties provided by law, there shall be paid as

a penalty by the person who tendered the check, upon notice and demand by the tax administrator

or his or her delegate, in the same manner as tax, an amount equal to one percent (1%) of the amount

of the check, except that if the amount of the check is less than five hundred dollars ($500), the

penalty under this section shall be five dollars ($5.00). This subsection shall not apply if the person

tendered the check in good faith and with reasonable cause to believe that it would be duly paid.

     (g) Misuse of trust funds. Any retailer and any officer, agent, servant, or employee of any

corporate retailer responsible for either the collection or payment of the tax, who appropriates or

converts the tax collected to his or her own use or to any use other than the payment of the tax to

the extent that the money required to be collected is not available for payment on the due date as

prescribed in this chapter, shall upon conviction for each offense be fined not more than ten

thousand dollars ($10,000), or be imprisoned for one year, or by both fine and imprisonment, in

addition to any other penalty provided by this chapter.

     (h) Whoever fails to pay any tax imposed by this chapter at the time prescribed by law or

regulations, shall, in addition to any other penalty provided in this chapter, be liable for a penalty

of one thousand dollars ($1,000) or not more than five (5) times the tax due but unpaid, whichever

is greater.

     (i) When determining the amount of a penalty sought or imposed under this section,

evidence of mitigating or aggravating factors, including history, severity, and intent, shall be

considered.


 

 

 

 

 

 

 

1000)

Section

Added Chapter Numbers:

 

44-70-14

31 and 32

 

 

44-70-14. Claim for refund.

     Whenever the tax administrator determines that any person is entitled to a refund of any

monies paid by a person under the provisions of this chapter, or whenever a court of competent

jurisdiction orders a refund of any monies paid, the general treasurer shall, upon certification by

the tax administrator and with the approval of the director of revenue, pay the refund from any

monies in the treasury not appropriated without any further act or resolution making appropriation

for the refund. No refund is allowed unless a claim is filed with the tax administrator within three

(3) years from the fifteenth day after the close of the month for which the overpayment was made.


 

 

 

 

1001)

Section

Added Chapter Numbers:

 

44-70-15

31 and 32

 

 

44-70-15. Hearings and appeals.

     (a) Any person aggrieved by any action under this chapter of the tax administrator or his

or her authorized agent for which a hearing is not elsewhere provided may apply to the tax

administrator, in writing, within thirty (30) days of the action for a hearing, stating the reasons why

the hearing should be granted and the manner of relief sought. The tax administrator shall notify

the applicant of the time and place fixed for the hearing. After the hearing, the tax administrator

may make the order in the premises as may appear to the tax administrator just and lawful and shall

furnish a copy of the order to the applicant. The tax administrator may, by notice in writing, at any

time, order a hearing on his or her own initiative and require the licensee or any other individual

whom the tax administrator believes to be in possession of information concerning any growing,

processing, distribution, sales, or transfer of cannabis products to appear before the tax

administrator or his or her authorized agent with any specific books of account, papers, or other

documents, for examination relative to the hearing.

     (b) Appeals from administrative orders or decisions made pursuant to any provisions of

this chapter shall be to the sixth division district court pursuant to chapter 8 of title 8. The taxpayer's

right to appeal under this section shall be expressly made conditional upon prepayment of all taxes,

interest, and penalties, unless the taxpayer moves for and is granted an exemption from the

prepayment requirement pursuant to § 8-8-26.


 

 

1002)

Section

Added Chapter Numbers:

 

44-70-16

31 and 32

 

 

44-70-16. Disclosure of confidential information.

     (a) It shall be unlawful, except in proceedings before a court of competent jurisdiction or

to collect the taxes or enforce the penalties provided by chapter 70 of this title, for the tax

administrator or any person having an administrative duty under those chapters to make known in

any manner whatever the business affairs, operations, or information obtained by an investigation

of records and equipment of any cannabis retailer or any other person visited or examined in the

discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any

particular, stated or disclosed in any return, or to permit any return or copy or any book containing

any abstract or particulars to be seen or examined by any person. The tax administrator may

authorize examination of his or her records and the returns filed with the administrator by the tax

authorities of another state or of the federal government if a reciprocal arrangement exists.

     (b) Nothing in this section shall be construed to prevent the disclosure or publication of

statistical or other information where the identity of individual taxpayers is not made known.

     (c) Notwithstanding subsections (a) or (b) of this section or any other provision of law, the

tax administrator shall make available to an authorized agent of the commission or the office of

cannabis, any information that the administrator may consider proper contained in tax reports or

returns or any audit or the report of any investigation made with respect to them, filed pursuant to

the tax laws of this state, to whom disclosure is necessary for the purpose of ensuring compliance

with state law and regulations.


 

 

 

1003)

Section

Added Chapter Numbers:

 

44-70-17

31 and 32

 

 

44-70-17. Transfer of revenue.

     The division of taxation shall transfer all collections remitted by adult use marijuana

retailers pursuant to this chapter due to the net revenue of marijuana products. The tax administrator

may base this transfer on an estimate of the net revenue of marijuana products derived from any

other tax data collected under title 44 or data shared by the commission or cannabis office.


 

 

 

1004)

Section

Added Chapter Numbers:

 

44-70-18

31 and 32

 

 

44-70-18. Rules and regulations.

     The tax administrator is authorized to promulgate rules and regulations to carry out the

provisions, policies, and purposes of this chapter. The provisions of this chapter shall be liberally

construed to foster the enforcement of and compliance with all provisions herein related to taxation.


 

 

 

1005)

Section

Added Chapter Numbers:

 

44-70-19

31 and 32

 

 

44-70-19. Severability.

     If any provision of this chapter or the application of this chapter to any person or

circumstances is held invalid, that invalidity shall not affect other provisions or applications of the

chapter that can be given effect without the invalid provision or application, and to this end the

provisions of this chapter are declared to be severable.


 

 

 

1006)

Section

Amended Chapter Numbers:

 

45-2-19

275 and 331

 

 

45-2-19. City of Warwick -- Municipal court.

     (a) The city council of the city of Warwick may establish a municipal court and confer

upon the court original jurisdiction, notwithstanding any other provisions of the general laws, to

hear and determine causes involving the violation of any ordinance, including minimum housing

ordinances, of the city and any violation of the provisions of chapter 24.3 of this title, entitled the

Rhode Island Housing Maintenance and Occupancy Code; provided, that any defendant found

guilty of any offense, excluding violations of the minimum housing ordinances or chapter 24.3

within the jurisdiction of the court, may, within five (5) days of the conviction, file an appeal from

the conviction to the superior court and be entitled in the latter court to a trial de novo; and provided

further, that any defendant found guilty of any violation of a minimum housing ordinance, or of

chapter 24.3, may, within five (5) days of the conviction, file an appeal from the conviction to the

third division of the district court and be entitled to a trial de novo in accordance with §§ 8-8-3(a)(4)

and 8-8-3.2.

     (b) With respect to violations of either municipal ordinances dealing with minimum

housing or chapter 24.3 of this title dealing with housing maintenance and occupancy, the city

council may also confer upon the municipal court, in furtherance of the court's jurisdiction, the

power to proceed according to equity:

     (1) To restrain, prevent, enjoin, abate, or correct a violation;

     (2) To order the repair, vacation, or demolition of any dwelling existing in violation;

     (3) To otherwise compel compliance with all of the provisions of the ordinances and

statutes; or

     (4) To utilize and apply the provisions set forth in chapter 44 of title 34 (Abandoned

Property).

     (c) The mayor of the city is authorized and empowered to appoint a judge of the municipal

court with the advice and consent of the city or town council. The city council is authorized and

empowered to enact ordinances governing the operation and procedure to be followed in the court

and to establish a schedule of fees and costs. The municipal court may impose a sentence not to

exceed thirty (30) days in jail and impose a fine not in excess of five hundred dollars ($500), or

both. The municipal court may also order the destruction of any vehicle impounded in accordance

with any ordinance enacted pursuant to § 31-12-12(c). The court is empowered to administer oaths,

compel the attendance of witnesses, and punish persons for contempt.


 

 

 

 

1007)

Section

Amended Chapter Numbers:

 

45-2-35.2

89 and 90

 

 

45-2-35.2. Town of Narragansett -- Landing fee.

     (a) The town of Narragansett is hereby authorized to charge, assess, or otherwise collect a

thirty-five cents ($.35) fifty cents ($.50) landing fee on each passenger over the age of twelve (12)

arriving in the Port of Galilee, Narragansett, Rhode Island, by public or private boat; provided,

however, that this provision shall not apply to vessels when they are engaged in commercial fishing.

All fees collected, less expenses of collection, if any, shall be utilized by the town of Narragansett

to protect the health, safety, and welfare of all passengers, including, but not limited to, emergency

medical services,; acquisition of both personal and real property to provide support to the ferry

passengers,; and to establish a fund to assist the town of Narragansett in resolving problems which

that arise due to the impact of vessels landing passengers in the town of Narragansett. The town of

Narragansett may enter into agreements with any common carriers by water operating in the town

of Narragansett and any operator of a marina in the town of Narragansett authorizing the common

carrier or marina operator to collect the landing fee on behalf of the town of Narragansett. The

agreement shall provide for the payment of a reasonable fee, (not to exceed fifteen percent) (15%)

of the landing fee, by the town to the common water carrier or marina operator and indemnification

of the water carrier or marina operator from and against any liability to, or claim of liability by,

third parties, arising from the collection of the boarding fee. All such common carriers shall collect

the landing fee on behalf of the town of Narragansett, by including the amount of the fee in its rate

and charge to adult passengers without the necessity of approval of the landing fee from the public

utilities commission ("PUC") or the division of public utilities and carriers ("DPUC") under Title

title 39. The landing fee authorized by this chapter does not apply to any persons receiving free

transportation from the public utility under § 39-2-5. The town council of the town of Narragansett

shall promulgate rules and regulations to implement the provisions of this section. The town of

Narragansett may seek no fees from the common carriers other than those set forth in this section;

provided, however, that this sentence shall not preclude the taxation of property, but not the vessels,

of the common carriers pursuant to Title title 44.

     (b) The rate relief previously authorized by the PUC for Interstate Navigation Company in

1997 (PUC Docket No. 2484) which authorized the increase of Interstate Navigation Company's

rates (except the Block Island Passenger Commuter Rate) by one and four-tenths percent (1.4%) in

order to pay for property taxes assessed against Interstate Navigation Company's vessels by the

town of Narragansett shall continue in full force and effect until June 1, 2002. Notwithstanding the

restriction placed by the PUC on the money collected by Interstate Navigation Company pursuant

to this rate relief, the money shall be disposed of as follows: (1) from From the monies collected

as of June 30, 2001, Interstate Navigation Company shall make a one-time payment to the town of

Narragansett of eighty-five thousand dollars ($85,000) and the town of Narragansett shall be

authorized to retain the fifteen thousand dollars ($15,000) previously paid to it by Interstate

Navigation Company; (2) the The balance of the funds collected as of June 30, 2001, are to be

invested in equipment and facilities to serve the rate payers of Interstate Navigation Company

subject to DPUC subsequent verification of that investment. If a dispute arises regarding the

disposition of the funds as set forth in this section, then the DPUC or Interstate Navigation

Company may petition the PUC for review, and the decision of the PUC shall be final and binding

and not appealable. For purposes of this section, the use of such funds by Interstate Navigation

Company for: (1) the The repair and/or replacement of the bulkhead and related facilities at

Interstate's Block Island facility; or (2) Interstate's expenses related to the construction of its new

terminal facility in Galilee, including the construction of facilities for the connector road lots;

and/or (3) the The pre-payment of principal and related pre-payment fees on the loan outstanding

for the M/V Block Island, shall be deemed to be equipment and facilities that serve the rate payers

of Interstate Navigation and shall not be subject to any prior review or approval by the DPUC

and/or PUC; provided that subsequent verification and approval shall remain within the purview of

the DPUC and PUC for rate making purposes. Any expenditures out of the funds collected as of

June 30, 2001, for any other purposes shall require the prior approval of the DPUC to assure that

the proposed expenditures are in the best interest of the rate payers. If a dispute arises between

Interstate Navigation Company and the DPUC as to such proposed expenditures, then the DPUC

or Interstate Navigation Company may petition the PUC for review.

     (c) From the funds collected between July 1, 2001, and May 31, 2002, one-third (⅓) of the

total shall be paid to the town of Narragansett in June, 2002, and the balance shall be retained by

Interstate Navigation Company to be invested in equipment and facilities to serve the rate payers

of Interstate Navigation Company. Interstate Navigation Company shall be required to obtain the

prior approval of the DPUC in order to expend these funds. If a dispute arises regarding the

disposition of these funds as set forth in this section, the DPUC or Interstate Navigation Company

may petition the PUC for review.

     (d) As to property over which the town of Narragansett has regulatory control, the town of

Narragansett may not prohibit overnight parking on private property and currently existing parking

lots in Galilee, and there will be no mandatory offsite parking for cars in Galilee.


 

 

 

1008)

Section

Repealed Chapter Numbers:

 

45-2-62

95 and 96

 

 

45-2-62. [Repealed].


 

 

 

 

1009)

Section

Added Chapter Numbers:

 

45-2-62.1

95 and 96

 

 

45-2-62.1 Town of Portsmouth -- Municipal court -- Municipal housing court.

     (a) The town council of the town of Portsmouth may establish a municipal court and confer

upon that court original jurisdiction, notwithstanding any other provisions of the general laws, to

hear and determine causes involving the violation of any ordinance; provided, however, that any

defendant found guilty of any offense, excluding violations outlined in subsection (b) of this

section, may, within seven (7) days of conviction, file an appeal from the conviction to the superior

court and be entitled in the latter court to a trial de novo.

     (b) The town council of the town of Portsmouth may establish a municipal housing court

and confer upon the court original jurisdiction, notwithstanding any other provisions of the general

laws, to hear and determine causes involving the violation of the zoning ordinances of the town and

any violation of the provisions of chapter 24 of this title (the "Rhode Island zoning enabling act of

1991"); any violation of chapter 24.1 of this title (the "historical zoning act"); any violation of

chapter 24.2 of this title ("minimum housing standards act"); any violation of chapter 24.3 of this

title ("housing maintenance and occupancy code"); any violation of chapter 23 of this title

("subdivision and land development act"); any violation of any local Portsmouth ordinance or

regulation enacted pursuant to these chapters; and any violation of the provisions of chapter 27.3

of title 23 (the "Rhode Island state building code"); and any violation of the provisions of those

regulations promulgated by the state building code commission entitled SBC-1 Rhode Island state

building code; SBC-2 Rhode Island state one- and two-(2)-family (2) dwelling code; SBC-3 Rhode

Island state plumbing code; SBC-4 Rhode Island state mechanical code; SBC-5 Rhode Island state

electrical code; SBC-6 state property maintenance code; SBC-8 Rhode Island state energy

conservation code; and SBC-20 Rhode Island state fuel and gas code; and provided, further, that

any party aggrieved by a final judgment, decree, or order of the Portsmouth housing court may,

within twenty (20) days after entry of this judgment, decree, or order, file an appeal to the superior

court and be entitled in the latter court to a trial de novo.

     (c) With respect to violations falling under the jurisdiction of the Portsmouth housing court,

as outlined in subsection (b) of this section, the town council may also confer upon the housing

court, in furtherance of the court's jurisdiction, the power to proceed according to equity:

     (1) To restrain, prevent, enjoin, abate, or correct a violation;

     (2) To order the repair, vacation, or demolition of any dwelling existing in violation;

     (3) To otherwise compel compliance with all of the provisions of those ordinances,

regulations, and statutes; and

     (4) To order a dwelling into receivership and to order the removal of any cloud on the title

to the building or property that shall be binding upon all those claiming by, through, under, or by

virtue of any inferior liens or encumbrances pursuant to chapter 44 of title 34.

     (d) The municipal court shall have concurrent jurisdiction with the Rhode Island traffic

tribunal to hear and adjudicate those violations conferred upon the municipal court and enumerated

in § 8-18-3. Adjudication of summons by the municipal court shall be in conformance with § 8-18-

4. The municipal court shall hear and decide traffic matters in a manner consistent with the

procedures of the traffic tribunal, and subject to review by the chief magistrate of the traffic tribunal

in accordance with § 8-18-11. Any person desiring to appeal from an adverse decision of the

municipal court for violations enumerated in § 8-18-3, may seek review thereof pursuant to the

procedures set forth in § 31-41.1-8.

     (e) The town council of the town of Portsmouth is authorized and empowered to appoint a

judge and clerk of the municipal court. The town council of the town of Portsmouth is also

authorized to appoint a judge and clerk of the housing court, who may be, but is not required to be,

the same person(s) holding the judgeship over the municipal court. The town council is authorized

and empowered to enact ordinances governing the personnel, operation, and procedure to be

followed in the court and to establish a schedule of fees and costs and to otherwise provide for the

operation and management of the court. The municipal court may impose fines not in excess of

five hundred dollars ($500) and is empowered to administer oaths; compel the attendance of

witnesses; and punish persons for contempt.


 

 

 

1010)

Section

Amended Chapter Numbers:

 

45-14-9

276 and 326

 

 

45-14-9. Town of Coventry -- Installment payments.

     The town of Coventry is hereby authorized to provide for the payment of sewer

assessments in installment payments. The sewer assessments levied by the town of Coventry may

be paid in as many as thirty (30) annual installments in accordance with the terms of the loan

secured for sewer construction. In the case of installment payments, interest at a rate not to exceed

a maximum rate of one and twenty-five hundredths percent (1.25%) above the average interest rate

the town is charged on any loan used to fund the constructions construction of the sewers shall be

charged annually on the unbilled balance of the total sewer assessment. Such annual installment

payments may be paid on a quarterly basis. Delinquent (penalty) interest shall be applied to the

account if the annual installment payment is not received in full within a year. Delinquent interest

shall be assessed in the same manner and at the same rate as established for the collection of real

estate taxes. The unpaid balance of each sewer assessment shall bear interest at the rate determined

by the town at the time of assessment; provided however, that the whole assessment against any

parcel may be prepaid without interest at any time prior to the due date for the first installment

payment. The unbilled balance of any sewer assessment, together with any outstanding annual

installments and interest accrued to the date of payment, may be paid at any time.


 

 

1011)

Section

Amended Chapter Numbers:

 

45-21-8

277 and 327

 

 

45-21-8. Membership in system.

     Membership in the retirement system does not begin before the effective date of

participation in the system as provided in § 45-21-4, § 45-21.4-2, or § 45-21.4-3 and consists of the

following:

     (a) Any employee of a participating municipality as defined in this chapter, who becomes

an employee on and after the effective date of participation, shall, under contract of his or her

employment, become a member of the retirement system; provided, that the employee is not

receiving any pension or retirement allowance from any other pension or retirement system

supported wholly or in part by a participating municipality, and is not a contributor to any other

pension or retirement system of a participating municipality. Any employee who is elected to an

office in the service of a municipality after the effective date and prior to July 1, 2012, has the

option of becoming a member of the system, which option must be exercised within sixty (60) days

following the date the employee assumes the duties of his or her office, otherwise that person is not

entitled to participate under the provisions of this section;

     (b) Any employee or elected official of a participating municipality in service prior to the

effective date of participation, who is not a member of any other pension or retirement system

supported wholly or in part by a participating municipality, and who does not notify the retirement

board in writing before the expiration of sixty (60) days from the effective date of participation that

he or she does not wish to join the system, shall automatically become a member; and

     (c) Any employee of a participating municipality in service prior to the effective date of

participation, who is a member of any other pension or retirement system supported wholly or in

part by a participating municipality on the effective date of participation of their municipality, who

then or thereafter makes written application to join this system, and waives and renounces all

accrued rights and benefits of any other pension or retirement system supported wholly or in part

by a participating municipality, becomes a member of this retirement system and shall not be

required to make contribution under any other pension or retirement system of a participating

municipality, anything to the contrary notwithstanding.

     (d) Notwithstanding the provisions of this section, present firefighters employed by the

town of Johnston shall establish a pension plan separate from the state of Rhode Island retirement

system. If the town of Johnston is thirty (30) days or more late on employer or employee

contributions to the pension plan, the auditor general is authorized to redirect any Johnston funds

to cover the shortfall or to deduct that amount from any moneys due the town from the state for any

purpose other than for education. Disability determinations of present firefighters shall be made by

the state retirement board, subject to the provisions of § 45-21-19, at the town of Johnston's

expense. All new firefighters hired by the town of Johnston shall become members of the state

retirement system.

     (e) Notwithstanding the provisions of this section, any city of Cranston employees who are

presently members of Teamsters Local Union No. 251, hired between the dates of July 1, 2005,

and June 30, 2010, inclusive, and who are currently members of the retirement system established

by this chapter may opt out of said retirement system and choose to enroll in a defined contribution

plan (i.e., a 403(b) plan or equivalent thereof) established by the city of Cranston.

     (f) Notwithstanding the provisions of this section, any city of Cranston employees who are

presently members of the Laborers International Union of North America Local 1322 hired between

the dates of July 1, 2008, and June 30, 2013, inclusive, and who are currently members of the

retirement system established by this chapter may opt out of said retirement system and choose to

enroll in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the

city of Cranston.

     (g) Notwithstanding the provisions of this section, any city of Cranston employees who

will be members of Teamsters Local Union No. 251, hired after June 30, 2010, shall be enrolled in

a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the city of

Cranston and shall not be a member of the retirement system established by this chapter.

     (h) Notwithstanding the provisions of this section, any city of Cranston employees who are

presently members of the Laborers International Union of North America Local 1322 hired after

April 23, 2013, shall be enrolled in a defined contribution plan (i.e., 403(b) plan or equivalent

thereof) established by the city of Cranston and shall not be a member of the retirement system

established by this chapter.

     (i) Notwithstanding the provisions of this section, any city of Cranston employees defined

in subsections (e) and (f) of this section shall be precluded from purchase of service credit for time

served on or after July 1, 2010, while participating in the defined contribution plan (i.e., a 403(b)

plan or equivalent thereof) established by the city of Cranston should the member cease

employment with the city of Cranston or Teamsters Local Union No. 251 and re-enter the system

with another participating employer who has accepted the provisions as defined, in § 45-21-4.

     (j) Notwithstanding the provisions of this section, any town of Middletown employees,

who will be members of the Teamsters Local Union No. 251 bargaining unit, hired after June 30,

2012, and who are not at the time of hire active members of the retirement system established by

this chapter and who were never active members of the retirement system established by this

chapter, and any town of Middletown employees who are employed as full-time civilian

dispatchers, hired after June 30, 2012, and who are not at the time of hire active members of the

retirement system established by this chapter and who were never active members of the retirement

system established by this chapter, and any town of Middletown employees who are not affiliated

with any recognized collective bargaining representative or union hired after June 30, 2012, and

who are not at the time of hire active members of the retirement system established by this chapter

and who were never active members of the retirement system established by this chapter, shall be

enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the

town of Middletown and shall not be members of the retirement system established by this chapter.

Said town of Middletown employees defined herein shall be precluded from the purchase of service

credit for time served on or after July 1, 2012, while participating in the defined contribution plan

(i.e., a 403(b) plan or equivalent thereof) established by the town of Middletown should the member

cease employment with the town of Middletown or in the Teamsters Local Union No. 251

bargaining unit and re-enter the system with any participating employer who has accepted the

provisions as defined in § 45-21-4. Any town of Middletown employees hired after June 30, 2022,

who are at the time of hire active members of the retirement system established by this chapter or

who were previously active members of the retirement system established by this chapter shall

remain as such active members or shall be re-instated reinstated as active members, as the case

may be, and shall not be enrolled in a defined contribution plan (i.e., a 403(b) plan or equivalent

thereof) established by the town of Middletown. Moreover, any town of Middletown employee

who was at the time of hire an active member of the retirement system established by this chapter

or who was previously an active member of the retirement system established by this chapter, but

who was forced to become or remain an inactive member by virtue of their having been hired by

the town of Middletown at a time when such was required by law, may (by December 31, 2022,

and not thereafter) request in writing to be dis-enrolled from the town of Middletown's defined

contribution plan and to have their contributions refunded to them; to be reinstated as an active

member of the retirement system established by this chapter; and to be allowed to purchase service

credit for their service while participating in Middletown's defined contribution plan

(notwithstanding the preclusion provided above in this subsection), which request, if timely made,

shall be allowed. To be clear, persons reinstated under the terms of this section as active members

of the retirement system established by this chapter shall be reinstated only with such service

credits, if any, as they may have earned or purchased in accordance with the law and are thereafter

subject to all laws and rules otherwise applicable to active members.

     (k) Notwithstanding the provisions of this section, any town of Middletown employees,

who will be members of the Middletown Municipal Employees Association NEARI Local 869

bargaining unit hired after June 30, 2012, and who are not at the time of hire active members of the

retirement system established by this chapter and who were never active members of the retirement

system established by this chapter, shall be enrolled in a defined contribution plan (i.e., a 403(b)

plan or equivalent thereof) established by the town of Middletown and shall not be members of the

retirement system established by this chapter. Said town of Middletown employees defined herein

shall be precluded from the purchase of service credit for time served on or after July 1, 2012, while

participating in the defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established

by the town of Middletown should the member cease employment with the town of Middletown or

in the Middletown Municipal Employees Association NEARI Local 869 bargaining unit and re-

enter the system with any participating employer who has accepted the provisions as defined in §

45-21-4. Any town of Middletown employees hired after June 30, 2022, who are at the time of hire

active members of the retirement system established by this chapter or who were previously active

members of the retirement system established by this chapter shall remain as such active members

or shall be re-instated reinstated as active members, as the case may be, and shall not be enrolled

in a defined contribution plan (i.e., a 403(b) plan or equivalent thereof) established by the town of

Middletown. Moreover, any town of Middletown employee who was at the time of hire an active

member of the retirement system established by this chapter or who was previously an active

member of the retirement system established by this chapter, but who was forced to become or

remain an inactive member by virtue of their having been hired by the town of Middletown at a

time when such was required by law, may (by December 31, 2022, and not thereafter) request in

writing to be disenrolled from the town of Middletown's defined contribution plan and to have their

contributions refunded to them; to be reinstated as an active member of the retirement system

established by this chapter; and to be allowed to purchase service credit for their service while

participating in Middletown's defined contribution plan (notwithstanding the preclusion provided

above in this subsection), which request, if timely made, shall be allowed. To be clear, persons

reinstated under the terms of this section as active members of the retirement system established

by this chapter shall be reinstated only with such service credits, if any, as they may have earned

or purchased in accordance with the law and are thereafter subject to all laws and rules otherwise

applicable to active members.


 

1012)

Section

Amended Chapter Numbers:

 

45-21-54

182 and 183

 

 

45-21-54. Reemployment of retired members.

     Any retired member of the system is permitted to reenter the service of the system for not

more than seventy-five (75) working days in a calendar year without interruption of pension

benefits. Pension payments, however, are suspended when that period is exceeded. This seventy-

five-(75) day (75) rule shall not apply to police officers, as defined in § 28-9.2-3, for the purposes

of their working private details, paid for by a nongovernmental entity. If the retired member

continues in service beyond the seventy-five-(75) day (75) period (with his or her annuity

temporarily suspended) the member is not eligible for pension credit for the additional service, nor

is the member required to make pension contributions for this service; provided, that any retired

member of the system is permitted to serve as an elected city or town council member or school

committee member and continues to be eligible for and receive the retirement allowance for service

other than that as a council member or school committee member.


 

 

 

1013)

Section

Amended Chapter Numbers:

 

45-21-54.1

7 and 8

 

 

45-21-54.1. Reemployment of retired members related to COVID-19.

     (a) Notwithstanding any public or general law, or rule or regulation to the contrary, any

teacher, administrator, or staff member who has retired under the provisions of title 16, 36, or 45

may, as part of the public health crisis caused by COVID-19, exceed the seventy-five-(75) day (75)

cap on post-retirement employment upon:

     (1) A determination by the local education authority that there exists a specialized need,

within their authority, to fill positions on a temporary basis, that may exceed the seventy-five-(75)

day (75) cap on post-retirement employment; and

     (2) There exists a good-faith basis that those retired teachers, administrators, and staff

members being asked to exceed the seventy-five-(75) day (75) cap on post-retirement employment

possess the skills, training, and knowledge necessary to help address the public health crisis caused

by COVID-19; and

     (3) The local education authority has notified the state retirement board that it has

determined that exceeding the seventy-five-(75) day (75) cap on post-retirement employment is

necessary to help address the public health crisis caused by COVID-19.

     (b) Any teacher, administrator, or staff member who has retired under the provisions of

title 16, 36, or 45, and has been employed or re-employed under the provisions of this section, shall

not be entitled to additional service credits for such employment.

     (c) Unless extended by the general assembly, this section shall sunset upon the conclusion

of the 2021-2022 school year.


 

 

 

1014)

Section

Amended Chapter Numbers:

 

45-22-7

142 and 143

 

 

45-22-7. Powers and duties of a planning board or commission.

     (a) A planning board or commission shall have the sole responsibility for performing all

those acts necessary to prepare a comprehensive plan for a municipality in accordance with the

provisions of chapter 22.2 of this title 45.

     (b) Pursuant to § 45-23-51, a planning board or commission shall be empowered by the

city or town council, by ordinance, to adopt, modify, and amend regulations and rules governing

land-development and subdivision projects within that municipality and to control land-

development and subdivision projects pursuant to those regulations and rules. The planning board

or commission shall also provide for the administration, interpretation, and enforcement of land-

development and subdivision review regulations, pursuant to § 45-23-52.

     (c) When directed by the city or town zoning ordinance pursuant to § 45-24-46.4 and the

city or town land development and subdivision review regulations pursuant to § 45-23-50.1, a

planning board or commission shall have the power to review and approve, approve with

conditions, or deny requests for variances and special-use permits submitted as part of land-

development and subdivision applications.

     (d) A planning board or commission established under the provisions of this chapter shall

make studies and prepare plans and reports on the needs and resources of the community with

reference to its physical, economic, and social growth and development as affecting the health,

safety, morals, and general welfare of the people. The studies, plans, and reports shall concern, but

not necessarily be limited to, the following:

     (1) Land use and land-use regulation;

     (2) Transportation facilities;

     (3) Public facilities, including recreation areas, utilities, schools, fire stations, police

stations, and others;

     (4) Blighted areas, including the designation of general areas for redevelopment, renewal,

rehabilitation, or conservation;

     (5) Problems of housing and the development of housing programs;

     (6) Environmental protection;

     (7) Natural resource conservation;

     (8) Protection from disaster;

     (9) Economic and social characteristics of the population;

     (10) Preservation of historic sites and buildings; and

     (11) Economic development.

     (e) When directed by the city or town council or by the appointing authority, a planning

board or commission shall prepare an annual capital budget and a comprehensive, long-range

capital-improvement program for submission to the council, the appointing authority, or other

designated official or agency.

     (f) A planning board or commission shall submit an advisory opinion and recommendation

on all zoning matters referred to it by the zoning board of review under the provisions of the city

or town zoning ordinance and report on any other matter referred to it, by the city or town council,

the chief executive, or the appointing authority.

     (g) A planning board or commission shall perform any other duties that may be assigned

to the board or commission, from time to time, by any act of the general assembly or by any

ordinance, code, regulation order, or resolution of the city or town council or by the appointing

authority.

     (h) A planning board or commission has authority to call upon other departments, boards,

and committees of the city or town and upon regional, state, and federal agencies for information

and assistance necessary to the performance of its duties, and shall cooperate with the city or town,

regional, state, and federal agencies on matters of community, regional, and state planning and

development.

     (i) Each planning board or commission must adopt a provision requiring any person who

will be required to file a request for access pursuant to § 24-8-34 to file that request not later than

the day on which that person files any document in connection with the project in question with the

applicable town or city, and to provide a copy of the request to the town or city.

     (j) Each member of a planning board or commission shall participate in training and

education classes concerning the effects of development in a flood plain and the effects of sea-level

rise once every two (2) years pursuant to chapter 70 of this title 45 entitled "Continuing education

for local planning and zoning boards and historic district commissions" which requires annual

continuing education and biennial education componentsEach member shall complete two (2)

hours of training in order to be certified for the two (2) years required by this subsection. Upon

completion of the training, the planning board or commission member shall file with the municipal

clerk a statement asserting that the training course has been completed.


 

 

 

1015)

Section

Amended Chapter Numbers:

 

45-23-63

208 and 209

 

 

45-23-63. Procedure -- Meetings -- Votes -- Decisions and records.

     (a) All records of the planning board proceedings and decisions shall be written and kept

permanently available for public review. Completed applications for proposed land development

and subdivisions projects under review by the planning board shall be available for public review.

     (b) Participation in a planning board meeting or other proceedings by any party is not a

cause for civil action or liability except for acts not in good faith, intentional misconduct, knowing

violation of law, transactions where there is an improper personal benefit, or malicious, wanton, or

willful misconduct.

     (c) All final written comments to the planning board from the administrative officer,

municipal departments, the technical review committee, state and federal agencies, and local

commissions are part of the permanent record of the development application.

     (d) Votes. All votes of the planning board shall be made part of the permanent record and

show the members present and their votes. A decision by the planning board to approve any land

development or subdivision application requires a vote for approval by a majority of the current

planning board membership planning board members present at the time of the vote. A decision by

the planning board to approve a variance or special-use permit pursuant to any adopted unified

development review regulations requires a vote for approval by a majority of the planning board

members that were present at the public hearing at which the request was heard.

     (e) All written decisions of the planning board shall be recorded in the land evidence

records within twenty (20) days after the planning board vote. A copy of the recorded decision shall

be mailed within one business day of recording, by any method that provides confirmation of

receipt, to the applicant and to any objector who has filed a written request for notice with the

administrative officer.


 

 

 

1016)

Section

Amended Chapter Numbers:

 

45-24-31

437 and 440

 

 

45-24-31. Definitions.

     Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they

have the meanings stated in that section. In addition, the following words have the following

meanings. Additional words and phrases may be used in developing local ordinances under this

chapter; however, the words and phrases defined in this section are controlling in all local

ordinances created under this chapter:

     (1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with

no intervening land.

     (2) Accessory dwelling unit. A dwelling unit: (i) Rented to and occupied either by one or

more members of the family of the occupant or occupants of the principal residence; or (ii)

Reserved for rental occupancy by a person or a family where the principal residence is owner

occupied and that meets the following provisions:

     (A) In zoning districts that allow residential uses, no more than one accessory dwelling unit

may be an accessory to a single-family dwelling.

     (B) An accessory dwelling unit shall include separate cooking and sanitary facilities, with

its own legal means of ingress and egress, and is a complete, separate dwelling unit. The accessory

dwelling unit shall be within, or attached to, the principal dwelling-unit structure or within an

existing structure, such as a garage or barn, and designed so that the appearance of the principal

structure remains that of a one-family residence. Accessory dwelling unit (ADU). A residential

living unit on the same parcel where the primary use is a legally established single-unit or multi-

unit dwelling. An ADU provides complete independent living facilities for one or more persons. It

may take various forms including, but not limited to: a detached unit; a unit that is part of an

accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled

primary dwelling.

     (3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental

and subordinate to the principal use of the land or building. An accessory use may be restricted to

the same lot as the principal use. An accessory use shall not be permitted without the principal use

to which it is related.

     (4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be:

     (i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her,

or its property will be injured by a decision of any officer or agency responsible for administering

the zoning ordinance of a city or town; or

     (ii) Anyone requiring notice pursuant to this chapter.

     (5) Agricultural land. "Agricultural land," as defined in § 45-22.2-4.

     (6) Airport hazard area. "Airport hazard area," as defined in § 1-3-2.

     (7) Applicant. An owner, or authorized agent of the owner, submitting an application or

appealing an action of any official, board, or agency.

     (8) Application. The completed form, or forms, and all accompanying documents, exhibits,

and fees required of an applicant by an approving authority for development review, approval, or

permitting purposes.

     (9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to

screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way.

     (10) Building. Any structure used or intended for supporting or sheltering any use or

occupancy.

     (11) Building envelope. The three-dimensional space within which a structure is permitted

to be built on a lot and that is defined by regulations governing building setbacks, maximum height,

and bulk; by other regulations; or by any combination thereof.

     (12) Building height. For a vacant parcel of land, building height shall be measured from

the average, existing-grade elevation where the foundation of the structure is proposed. For an

existing structure, building height shall be measured from average grade taken from the outermost

four (4) corners of the existing foundation. In all cases, building height shall be measured to the top

of the highest point of the existing or proposed roof or structure. This distance shall exclude spires,

chimneys, flag poles, and the like. For any property or structure located in a special flood hazard

area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the

Rhode Island coastal resources management council (CRMC) suggested design elevation three foot

(3') sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100)

storm, the greater of the following amounts, expressed in feet, shall be excluded from the building

height calculation:

     (i) The base flood elevation on the FEMA FIRM plus up to five feet (5') of any utilized or

proposed freeboard, less the average existing grade elevation; or

     (ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a

one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate

the appropriate suggested design elevation map for the exclusion every ten (10) years, or as

otherwise necessary.

     (13) Cluster. A site-planning technique that concentrates buildings in specific areas on the

site to allow the remaining land to be used for recreation, common open space, and/or preservation

of environmentally, historically, culturally, or other sensitive features and/or structures. The

techniques used to concentrate buildings shall be specified in the ordinance and may include, but

are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the

resultant open land being devoted by deed restrictions for one or more uses. Under cluster

development, there is no increase in the number of lots that would be permitted under conventional

development except where ordinance provisions include incentive bonuses for certain types or

conditions of development.

     (14) Common ownership. Either:

     (i) Ownership by one or more individuals or entities in any form of ownership of two (2)

or more contiguous lots; or

     (ii) Ownership by any association (ownership may also include a municipality) of one or

more lots under specific development techniques.

     (15) Community residence. A home or residential facility where children and/or adults

reside in a family setting and may or may not receive supervised care. This does not include halfway

houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the

following:

     (i) Whenever six (6) or fewer children or adults with intellectual and/or developmental

disability reside in any type of residence in the community, as licensed by the state pursuant to

chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community

residences;

     (ii) A group home providing care or supervision, or both, to not more than eight (8) persons

with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1;

     (iii) A residence for children providing care or supervision, or both, to not more than eight

(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of

title 42;

     (iv) A community transitional residence providing care or assistance, or both, to no more

than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8)

persons, requiring temporary financial assistance, and/or to persons who are victims of crimes,

abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor

more than two (2) years. Residents will have access to, and use of, all common areas, including

eating areas and living rooms, and will receive appropriate social services for the purpose of

fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

     (16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to

chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in

compliance.

     (17) Day care -- Daycare center. Any other daycare center that is not a family daycare

home.

     (18) Day care -- Family daycare home. Any home, other than the individual's home, in

which day care in lieu of parental care or supervision is offered at the same time to six (6) or less

individuals who are not relatives of the caregiver, but may not contain more than a total of eight

(8) individuals receiving day care.

     (19) Density, residential. The number of dwelling units per unit of land.

     (20) Development. The construction, reconstruction, conversion, structural alteration,

relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance;

or any change in use, or alteration or extension of the use, of land.

     (21) Development plan review. The process whereby authorized, local officials review the

site plans, maps, and other documentation of a development to determine the compliance with the

stated purposes and standards of the ordinance.

     (22) District. See "zoning-use district."

     (23) Drainage system. A system for the removal of water from land by drains, grading, or

other appropriate means. These techniques may include runoff controls to minimize erosion and

sedimentation during and after construction or development; the means for preserving surface and

groundwaters; and the prevention and/or alleviation of flooding.

     (24) Dwelling unit. A structure, or portion of a structure, providing complete, independent

living facilities for one or more persons, including permanent provisions for living, sleeping, eating,

cooking, and sanitation, and containing a separate means of ingress and egress.

     (25) Extractive industry. The extraction of minerals, including: solids, such as coal and

ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes

quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other

preparation customarily done at the extraction site or as a part of the extractive activity.

     (26) Family member. A person, or persons, related by blood, marriage, or other legal

means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law,

grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household.

     (27) Floating zone. An unmapped zoning district adopted within the ordinance that is

established on the zoning map only when an application for development, meeting the zone

requirements, is approved.

     (28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4.

     (29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a

flood hazard area for purposes of floodplain management. Freeboard compensates for the many

unknown factors that could contribute to flood heights, such as wave action, bridge openings, and

the hydrological effect of urbanization of the watershed.

     (30) Groundwater. "Groundwater" and associated terms, as defined in § 46-13.1-3.

     (31) Halfway house. A residential facility for adults or children who have been

institutionalized for criminal conduct and who require a group setting to facilitate the transition to

a functional member of society.

     (32) Hardship. See § 45-24-41.

     (33) Historic district or historic site. As defined in § 45-22.2-4.

     (34) Home occupation. Any activity customarily carried out for gain by a resident,

conducted as an accessory use in the resident's dwelling unit.

     (35) Household. One or more persons living together in a single-dwelling unit, with

common access to, and common use of, all living and eating areas and all areas and facilities for

the preparation and storage of food within the dwelling unit. The term "household unit" is

synonymous with the term "dwelling unit" for determining the number of units allowed within any

structure on any lot in a zoning district. An individual household shall consist of any one of the

following:

     (i) A family, which may also include servants and employees living with the family; or

     (ii) A person or group of unrelated persons living together. The maximum number may be

set by local ordinance, but this maximum shall not be less than three (3).

     (36) Incentive zoning. The process whereby the local authority may grant additional

development capacity in exchange for the developer's provision of a public benefit or amenity as

specified in local ordinances.

     (37) Infrastructure. Facilities and services needed to sustain residential, commercial,

industrial, institutional, and other activities.

     (38) Land-development project. A project in which one or more lots, tracts, or parcels of

land are developed or redeveloped as a coordinated site for one or more uses, units, or structures,

including, but not limited to, planned development or cluster development for residential,

commercial, institutional, recreational, open space, or mixed uses as provided in the zoning

ordinance.

     (39) Lot. Either:

     (i) The basic development unit for determination of lot area, depth, and other dimensional

regulations; or

     (ii) A parcel of land whose boundaries have been established by some legal instrument,

such as a recorded deed or recorded map, and that is recognized as a separate legal entity for

purposes of transfer of title.

     (40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-

way, usually reported in acres or square feet.

     (41) Lot area, minimum. The smallest land area established by the local zoning ordinance

upon which a use, building, or structure may be located in a particular zoning district.

     (42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings

and accessory buildings.

     (43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots

where the front and rear lot lines are not parallel, the lot depth is an average of the depth.

     (44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify

how noncontiguous frontage will be considered with regard to minimum frontage requirements.

     (45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from

a public or private street or any other public or private space and shall include:

     (i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall

specify the method to be used to determine the front lot line on lots fronting on more than one

street, for example, corner and through lots;

     (ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of

triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10') in length

entirely within the lot, parallel to and at a maximum distance from, the front lot line; and

     (iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may

be a street lot line, depending on requirements of the local zoning ordinance.

     (46) Lot size, minimum. Shall have the same meaning as "minimum lot area" defined

herein.

     (47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two (2)

streets that do not intersect at the boundaries of the lot.

     (48) Lot width. The horizontal distance between the side lines of a lot measured at right

angles to its depth along a straight line parallel to the front lot line at the minimum front setback

line.

     (49) Mere inconvenience. See § 45-24-41.

     (50) Mixed use. A mixture of land uses within a single development, building, or tract.

     (51) Modification. Permission granted and administered by the zoning enforcement officer

of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance

other than lot area requirements from the zoning ordinance to a limited degree as determined by

the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of

the applicable dimensional requirements.

     (52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully

existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with

the provisions of that ordinance or amendment. Nonconformance is of only two (2) types:

     (i) Nonconforming by use: a lawfully established use of land, building, or structure that is

not a permitted use in that zoning district. A building or structure containing more dwelling units

than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or

     (ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance

with the dimensional regulations of the zoning ordinance. Dimensional regulations include all

regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building

or structure containing more dwelling units than are permitted by the use regulations of a zoning

ordinance is nonconforming by use; a building or structure containing a permitted number of

dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per

dwelling unit regulations, is nonconforming by dimension.

     (53) Overlay district. A district established in a zoning ordinance that is superimposed on

one or more districts or parts of districts. The standards and requirements associated with an overlay

district may be more or less restrictive than those in the underlying districts consistent with other

applicable state and federal laws.

     (54) Performance standards. A set of criteria or limits relating to elements that a particular

use or process must either meet or may not exceed.

     (55) Permitted use. A use by right that is specifically authorized in a particular zoning

district.

     (56) Planned development. A "land-development project," as defined in subsection (38),

and developed according to plan as a single entity and containing one or more structures or uses

with appurtenant common areas.

     (57) Plant agriculture. The growing of plants for food or fiber, to sell or consume.

     (58) Preapplication conference. A review meeting of a proposed development held between

applicants and reviewing agencies as permitted by law and municipal ordinance, before formal

submission of an application for a permit or for development approval.

     (59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of

the required setback for the zoning district in which the lot is located that establishes the area within

which the principal structure must be erected or placed.

     (60) Site plan. The development plan for one or more lots on which is shown the existing

and/or the proposed conditions of the lot.

     (61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface

of the ground.

     (62) Special use. A regulated use that is permitted pursuant to the special-use permit issued

by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special

exception.

     (63) Structure. A combination of materials to form a construction for use, occupancy, or

ornamentation, whether installed on, above, or below the surface of land or water.

     (64) Substandard lot of record. Any lot lawfully existing at the time of adoption or

amendment of a zoning ordinance and not in conformance with the dimensional or area provisions

of that ordinance.

     (65) Use. The purpose or activity for which land or buildings are designed, arranged, or

intended, or for which land or buildings are occupied or maintained.

     (66) Variance. Permission to depart from the literal requirements of a zoning ordinance.

An authorization for the construction or maintenance of a building or structure, or for the

establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are

only two (2) categories of variance, a use variance or a dimensional variance.

     (i) Use variance. Permission to depart from the use requirements of a zoning ordinance

where the applicant for the requested variance has shown by evidence upon the record that the

subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the

zoning ordinance.

     (ii) Dimensional variance. Permission to depart from the dimensional requirements of a

zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the

record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use

of the subject property unless granted the requested relief from the dimensional regulations.

However, the fact that a use may be more profitable or that a structure may be more valuable after

the relief is granted are not grounds for relief.

     (67) Waters. As defined in § 46-12-1(23).

     (68) Wetland, coastal. As defined in § 45-22.2-4.

     (69) Wetland, freshwater. As defined in § 2-1-20.

     (70) Zoning certificate. A document signed by the zoning-enforcement officer, as required

in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies

with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an

authorized variance or modification therefrom.

     (71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that

delineate the boundaries of all mapped zoning districts within the physical boundary of the city or

town.

     (72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town

pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or

town's legislative or home rule charter, if any, that establish regulations and standards relating to

the nature and extent of uses of land and structures; that is consistent with the comprehensive plan

of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that

complies with the provisions of this chapter.

     (73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which a

uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use

districts include, but are not limited to: agricultural, commercial, industrial, institutional, open

space, and residential. Each district may include sub-districts. Districts may be combined.


 

 

 

1017)

Section

Amended Chapter Numbers:

 

45-24-37

97 and 98, 437 and 440

 

 

45-24-37. General provisions -- Permitted uses.

     (a) The zoning ordinance shall provide a listing of all land uses and/or performance

standards for uses that are permitted within the zoning use districts of the municipality. The

ordinance may provide for a procedure under which a proposed land use that is not specifically

listed may be presented by the property owner to the zoning board of review or to a local official

or agency charged with administration and enforcement of the ordinance for an evaluation and

determination of whether the proposed use is of a similar type, character, and intensity as a listed

permitted use. Upon such determination, the proposed use may be considered to be a permitted use.

     (b) Notwithstanding any other provision of this chapter, the following uses are permitted

uses within all residential zoning use districts of a municipality and all industrial and commercial

zoning use districts except where residential use is prohibited for public health or safety reasons:

     (1) Households;

     (2) Community residences; and

     (3) Family daycare homes.

     (c) Any time a building or other structure used for residential purposes, or a portion of a

building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire

or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home,

or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former

occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated

and otherwise made fit for occupancy. The property owner, or a properly designated agent of the

owner, is only allowed to cause the mobile and manufactured home, or homes, to remain

temporarily upon the land by making timely application to the local building official for the

purposes of obtaining the necessary permits to repair or rebuild the structure.

     (d) Notwithstanding any other provision of this chapter, appropriate access for people with

disabilities to residential structures is allowed as a reasonable accommodation for any person(s)

residing, or intending to reside, in the residential structure.

     (e) Notwithstanding any other provision of this chapter, an accessory family dwelling unit

in an owner-occupied, single-family residence shall be permitted as a reasonable accommodation

for family members with disabilities or who are sixty-two (62) years of age or older, or to

accommodate other family members. The appearance of the structure shall remain that of a single-

family residence and there shall be an internal means of egress between the principal unit and the

accessory family dwelling unit. If possible, no additional exterior entrances should be added. Where

additional entrance is required, placement should generally be in the rear or side of the structure.

When the structure is serviced by an individual sewage disposal system, the applicant shall have

the existing or any new system approved by the department of environmental management. The

zoning enforcement officer shall require that a declaration of the accessory family dwelling unit for

the family member, or members, and its restrictions be recorded in the land evidence records and

filed with the zoning enforcement officer and the building official. Once the family members with

disabilities or who are sixty-two (62) years of age or older, or any other family member, no longer

reside(s) in the premises on a permanent basis, or the title is transferred, the property owner shall

notify the zoning official in writing, and the accessory family dwelling unit shall no longer be

permitted, unless there is a subsequent, valid application.

     (f) When used in this section, the terms "people with disabilities" or "member, or members,

with disabilities" means a person(s) who has a physical or mental impairment that substantially

limits one or more major life activities, as defined in § 42-87-1(7).

     (g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted

use within all zoning districts of a municipality, including all industrial and commercial zoning

districts, except where prohibited for public health or safety reasons or the protection of wildlife

habitat.

 

PL.437 and PL.440

  (a) The zoning ordinance shall provide a listing of all land uses and/or performance

standards for uses that are permitted within the zoning use districts of the municipality.


 

 

 

1018)

Section

Amended Chapter Numbers:

 

45-24-42

97 and 98

 

 

45-24-42. General provisions -- Special-use permits.

     (a) A zoning ordinance shall provide for the issuance of special-use permits approved by

the zoning board of review, or, where unified development review is enabled pursuant to § 45-24-

46.4, the planning board or commission.

     (b) The ordinance shall:

     (1) Specify the uses requiring special-use permits in each district; . The ordinance may

provide for a procedure under which a proposed land use that is not specifically listed may be

presented by the property owner to the zoning board of review or to a local official or agency

charged with administration and enforcement of the ordinance for an evaluation and determination

of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a

special-use permit. Upon such determination, the proposed use may be considered to be a use

requiring a special-use permit;

     (2) Describe the conditions and procedures under which special-use permits, of each or of

the various categories of special-use permits established in the zoning ordinance, may be issued;

     (3) Establish criteria for the issuance of each category of special-use permit that shall be in

conformance with the purposes and intent of the comprehensive plan and the zoning ordinance of

the city or town;

     (4) Provide for public hearings and notification of the date, time, place, and purpose of

those hearings to interested parties. Special-use permit requests submitted under a zoning

ordinance's unified development review provisions shall be heard and noticed in conjunction with

the subdivision or land-development application, according to the requirements of § 45-23-50.1.

Public notice for special-use permits that are not submitted under a zoning ordinance's unified

development review provisions shall be given at least fourteen (14) days prior to the date of the

hearing in a newspaper of general circulation in the city or town. Notice of hearing shall be sent by

first-class mail to the applicant, and to all those who would require notice under § 45-24-53. The

notice shall also include the street address of the subject property. A zoning ordinance may require

that a supplemental notice, that an application for a special-use permit is under consideration, be

posted at the location in question. The posting is for information purposes only and does not

constitute required notice of a public hearing. The cost of notification shall be borne by the

applicant;

     (5) Provide for the recording of findings of fact and written decisions; and

     (6) Provide that appeals may be taken pursuant to §§ 45-24-70 or § 45-23-66, dependent

on the board to which application was made.

     (c) The ordinance additionally may provide that an applicant may apply for, and be issued,

a dimensional variance in conjunction with a special-use permit. If the special use could not exist

without the dimensional variance, the zoning board of review, or, where unified development

review is enabled pursuant to § 45-24-46.4(b), the planning board or commission shall consider the

special-use permit and the dimensional variance together to determine if granting the special use is

appropriate based on both the special use criteria and the dimensional variance evidentiary

standards.


 

 

 

1019)

Section

Amended Chapter Numbers:

 

45-24-46.5

1 and 2

 

 

45-24-46.5. Special provisions -- Emergency declaration modifications.

     (a) A moratorium is hereby imposed on the enforcement of any municipal ordinance or

zoning regulation that would penalize any food business or food service establishment, as defined

in § 21-27-1, or bar as defined in § 23-20.10-2, for any alterations or modifications to its business

made in order to comply with any directives, executive orders, or restrictions issued by the

governor, principal executive officer of a political subdivision, or the director of the department of

health based upon an emergency declaration issued pursuant to § 30-15-9 or § 30-15-13.

     (b) The moratorium imposed pursuant to this section shall continue throughout the

emergency declaration and shall remain effective until April 1, 2022 2023. During this period, all

approved nonconforming uses adopted to comply with the emergency declaration shall be

permitted to continue.


 

 

 

1020)

Section

Amended Chapter Numbers:

 

45-24-56

29 and 30, 208 and 209,

 

 

45-24-56. Administration -- Zoning board of review -- Establishment and procedures.

     (a) A zoning ordinance adopted pursuant to this chapter shall provide for the creation of a

zoning board of review and for the appointment of members, including alternate members, and for

the organization of the board, as specified in the zoning ordinance, or, in cities and towns with

home rule or legislative charters, as provided in the charter. A zoning ordinance may provide for

remuneration to the zoning board of review members and for reimbursement for expenses incurred

in the performance of official duties. A zoning board of review may engage legal, technical, or

clerical assistance to aid in the discharge of its duties. The board shall establish written rules of

procedure; a mailing address to which appeals and correspondence to the zoning board of review

are sent; and an office where records and decisions are filed.

     (b) The zoning board of review consists of five (5) members, each to hold office for the

term of five (5) years; provided, that the original appointments are made for terms of one, two (2),

three (3), four (4), and five (5) years, respectively. The zoning board of review also includes two

(2) alternates to be designated as the first and second alternate members, their terms to be set by

the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively

participate in hearings. The first alternate shall vote if a member of the board is unable to serve at

a hearing and the second shall vote if two (2) members of the board are unable to serve at a hearing.

In the absence of the first alternate member, the second alternate member shall serve in the position

of the first alternate. No member or alternate may vote on any matter before the board unless they

have attended all hearings concerning that matter. Where not provided for in the city or town

charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of

zoning board members, and for removal of members for due cause.

     (c) Notwithstanding the provisions of subsection (b), the zoning board of review of the

town of Jamestown consists of five (5) members, each to hold office for the term of five (5) years;

provided, that the original appointments are made for terms of one, two (2), three (3), four (4), and

five (5) years respectively. The zoning board of review of the town of Jamestown also includes

three (3) alternates to be designated as the first, second, and third alternate members, their terms to

be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may

actively participate in hearings. The first alternate shall vote if a member of the board is unable to

serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a

hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing.

In the absence of the first alternate member, the second alternate member shall serve in the position

of the first alternate. No member or alternate may vote on any matter before the board unless they

have attended all hearings concerning that matter. Where not provided for in the town charter, the

zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board

members, and for removal of members for due cause.

     (d) Members of zoning boards of review serving on the effective date of adoption of a

zoning ordinance under this chapter are exempt from the provisions of this chapter respecting terms

of originally appointed members until the expiration of their current terms.

     (e) The chairperson, or in his or her absence, the acting chairperson, may administer oaths

and compel the attendance of witnesses by the issuance of subpoenas.

     (f) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review for the town of Little Compton shall consist of five (5) members, each to hold office for the

term of five (5) years. The zoning board of review for the town of Little Compton shall also include

three (3) alternates to be designated as the first, second and third alternate members, their terms to

be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may

actively participate in the hearings. The first alternate shall vote if a member of the board is unable

to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a

hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing.

In the absence of the first alternate member, the second alternate member shall serve in the position

of the first alternate. No member or alternate may vote on any matter before the board unless they

have attended all hearings concerning that matter. Where not provided for in the town charter, the

zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board

members, and for removal of members for due cause.

     (g) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review for the town of Charlestown shall consist of five (5) members, each to hold office for the

term of five (5) years. The zoning board of review for the town of Charlestown shall also include

three (3) alternates to be designated as the first, second, and third alternate members, their terms to

be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may

actively participate in the hearings. The first alternate shall vote if a member of the board is unable

to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a

hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing.

In the absence of the first alternate member, the second alternate member shall serve in the position

of the first alternate. No member or alternate may vote on any matter before the board unless they

have attended all hearings concerning that matter. Where not provided for in the town charter, the

zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board

members, and for removal of members for due cause.

     (h) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review for the town of Scituate shall consist of five (5) members, each to hold office for the term

of five (5) years. The zoning board of review for the town of Scituate shall also include three (3)

alternates to be designated as the first, second, and third alternate members, their terms to be set by

the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively

participate in the hearings. The first alternate shall vote if a member of the board is unable to serve

at a hearing; the second shall vote if two (2) members of the board are unable to serve at a hearing;

and the third shall vote if three (3) members of the board are unable to serve at a hearing. In the

absence of the first alternate member, the second alternate member shall serve in the position of

the first alternate. No member or alternate may vote on any matter before the board unless they

have attended all hearings concerning that matter. Where not provided for in the town charter, the

zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board

members, and for removal of members for due cause.

     (i) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review of the town of Middletown shall consist of five (5) members, each to hold office for a term

of five (5) years. The zoning board of review of the town of Middletown shall also include three

(3) alternates to be designated as the first (1st), second, (2nd) and third (3rd) alternate members,

their terms to be set by ordinance but not to exceed (5) years. These alternate members shall sit and

may actively participate in the hearing. The first alternate shall vote if a member of the board is

unable to serve at the hearing; the second alternate shall vote if two (2) members of the board are

unable to serve at the hearing; and the third alternate shall vote if three (3) members of the board

are unable to serve at the hearing. In the absence of the first alternate member, the second alternate

member shall serve in the position of the first alternate. No member or alternate may vote on any

matter before the board unless they have attended all hearings concerning that matter. Where not

provided for in the town charter the zoning ordinance shall specify procedures for filling vacancies

in unexpired terms of zoning board members and for removal of members for due cause.

     (j) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review of the city of Cranston shall consist of five (5) members, each to hold office for a term of

five (5) years. The zoning board of review of the city of Cranston shall also include four (4)

alternates to be designated as the first (1st), second (2nd), third (3rd), and fourth (4th), alternate

members, to be appointed for a term of one year. These alternate members shall sit and may actively

participate in all zoning hearings. The first alternate shall vote if a member of the board is unable

to serve at the hearing; the second alternate shall vote if two (2) members of the board are unable

to serve at the hearing; the third alternate shall vote if three (3) members of the board are unable to

serve at the hearing; and the fourth alternate shall vote if four (4) members of the board are unable

to serve at the hearing. In the absence of the first alternate member, the second alternate member

shall serve in the position of the first alternate. No member or alternate may vote on any matter

before the board unless they have attended all hearings concerning that matter. Where not provided

for in the city charter, the zoning ordinance shall specify procedures for filling vacancies during

the unexpired terms of zoning board members and for removal of members for due cause.

     (k) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review for the town of Barrington shall consist of five (5) members, each to hold office for a term

of five (5) years. The zoning board of review for the town of Barrington shall also include three (3)

alternates to be designated as the first, second, and third alternate members, their terms are to be

set by ordinance but not to exceed five (5) years. These alternate members shall sit and may actively

participate in the hearing. The first alternate member shall vote if a member of the board is unable

to serve at the hearing; the second alternate shall vote if two (2) members of the board are unable

to serve at the hearing; and the third alternate member shall vote if three (3) members of the board

are unable to serve at the hearing. In the absence of the first alternate member, the second alternate

member shall serve in the position of the first alternate. No member or alternate may vote on any

matter before the board unless they have attended all the hearings concerning that matter. Where

not provided for in the town charter, the zoning ordinance shall specify procedures for filling

vacancies in unexpired terms of zoning board members, and for removal of members for due cause.

     (l) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review for the town of South Kingstown shall consist of five (5) members, each to hold office for

a term of five (5) years. The zoning board of review for the town of South Kingstown shall also

include three (3) alternates to be designated as the first, second, and third alternate members, their

terms to be set by ordinance but not to exceed five (5) years. These alternate members shall sit and

may actively participate in the hearing. The first alternate shall vote if a member of the board is

unable to serve at the hearing; the second alternate shall vote if two (2) members of the board are

unable to serve at the hearing; and the third alternate shall vote if three (3) members of the board

are unable to serve at the hearing. In the absence of the first alternate member, the second alternate

member shall serve in the position of the first alternate. No member or alternate may vote on any

matter before the board unless they have attended all hearings concerning that matter. Where not

provided for in the town charter, the zoning ordinance shall specify procedures for filling vacancies

in unexpired terms of zoning board members, and for removal of members for due cause.

 

PL.208 and PL.209

  (b) The zoning board of review consists of five (5) members, each to hold office for the

term of five (5) years; provided, that the original appointments are made for terms of one, two (2),

three (3), four (4), and five (5) years, respectively. The zoning board of review also includes two

(2) alternates to be designated as the first and second alternate members, their terms to be set by

the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively

participate in hearings. The first alternate shall vote if a member of the board is unable to serve at

a hearing and the second shall vote if two (2) members of the board are unable to serve at a hearing.

In the absence of the first alternate member, the second alternate member shall serve in the position

of the first alternate. A minimum of four (4) members, which may include alternates, shall form a

duly constituted quorum. No member or alternate may vote on any matter before the board unless

they have attended all hearings concerning that matter. Where not provided for in the city or town

charter, the zoning ordinance shall specify procedures for filling vacancies in unexpired terms of

zoning board members, and for removal of members for due cause.

  (f) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review for the town of Little Compton shall consist of five (5) members, each to hold office for the

term of five (5) years. The zoning board of review for the town of Little Compton shall also include

three (3) alternates to be designated as the first, second and third alternate members, their terms to

be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may

actively participate in the hearings. The first alternate shall vote if a member of the board is unable

to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a

hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing.

In the absence of the first alternate member, the second alternate member shall serve in the position

of the first alternate. No member or alternate may vote on any matter before the board unless they

have attended all hearings concerning that matter. Where not provided for in the town charter, the

zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board

members, and for removal of members for due cause.

     (g) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review for the town of Charlestown shall consist of five (5) members, each to hold office for the

term of five (5) years. The zoning board of review for the town of Charlestown shall also include

three (3) alternates to be designated as the first, second, and third alternate members, their terms to

be set by the ordinance, but not to exceed five (5) years. These alternate members shall sit and may

actively participate in the hearings. The first alternate shall vote if a member of the board is unable

to serve at a hearing; the second shall vote if two (2) members of the board are unable to serve at a

hearing; and the third shall vote if three (3) members of the board are unable to serve at a hearing.

In the absence of the first alternate member, the second alternate member shall serve in the position

of the first alternate. No member or alternate may vote on any matter before the board unless they

have attended all hearings concerning that matter. Where not provided for in the town charter, the

zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board

members, and for removal of members for due cause.

     (h) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review for the town of Scituate shall consist of five (5) members, each to hold office for the term

of five (5) years. The zoning board of review for the town of Scituate shall also include three (3)

alternates to be designated as the first, second and third alternate members, their terms to be set by

the ordinance, but not to exceed five (5) years. These alternate members shall sit and may actively

participate in the hearings. The first alternate shall vote if a member of the board is unable to serve

at a hearing; the second shall vote if two (2) members of the board are unable to serve at a hearing;

and the third shall vote if three (3) members of the board are unable to serve at a hearing. In the

absence of the first alternate member, the second alternate member shall serve in the position of

the first alternate. No member or alternate may vote on any matter before the board unless they

have attended all hearings concerning that matter. Where not provided for in the town charter, the

zoning ordinance shall specify procedures for filling vacancies in unexpired terms of zoning board

members, and for removal of members for due cause.

     (i) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review of the town of Middletown shall consist of five (5) members, each to hold office for a term

of five (5) years. The zoning board of review of the town of Middletown shall also include three

(3) alternates to be designated as the first (1st), second (2nd) and third (3rd) alternate members,

their terms to be set by ordinance but not to exceed (5) years. These alternate members shall sit and

may actively participate in the hearing. The first alternate shall vote if a member of the board is

unable to serve at the hearing; the second alternate shall vote if two (2) members of the board are

unable to serve at the hearing; and the third alternate shall vote if three (3) members of the board

are unable to serve at the hearing. In the absence of the first alternate member, the second alternate

member shall serve in the position of the first alternate. No member or alternate may vote on any

matter before the board unless they have attended all hearings concerning that matter. Where not

provided for in the town charter the zoning ordinance shall specify procedures for filling vacancies

in unexpired terms of zoning board members and for removal of members for due cause.

     (j) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review of the city of Cranston shall consist of five (5) members, each to hold office for a term of

five (5) years. The zoning board of review of the city of Cranston shall also include four (4)

alternates to be designated as the first (1st), second (2nd), third (3rd), and fourth (4th), alternate

members, to be appointed for a term of one year. These alternate members shall sit and may actively

participate in all zoning hearings. The first alternate shall vote if a member of the board is unable

to serve at the hearing; the second alternate shall vote if two (2) members of the board are unable

to serve at the hearing; the third alternate shall vote if three (3) members of the board are unable to

serve at the hearing; and the fourth alternate shall vote if four (4) members of the board are unable

to serve at the hearing. In the absence of the first alternate member, the second alternate member

shall serve in the position of the first alternate. No member or alternate may vote on any matter

before the board unless they have attended all hearings concerning that matter. Where not provided

for in the city charter, the zoning ordinance shall specify procedures for filling vacancies during

the unexpired terms of zoning board members and for removal of members for due cause.

     (k) Notwithstanding the provisions of subsection (b) of this section, the zoning board of

review for the town of Barrington shall consist of five (5) members, each to hold office for a term

of five (5) years. The zoning board of review for the town of Barrington shall also include three (3)

alternates to be designated as the first, second, and third alternate members, their terms are to be

set by ordinance but not to exceed five (5) years. These alternate members shall sit and may actively

participate in the hearing. The first alternate member shall vote if a member of the board is unable

to serve at the hearing; the second alternate shall vote if two (2) members of the board are unable

to serve at the hearing; and the third alternate member shall vote if three (3) members of the board

are unable to serve at the hearing. In the absence of the first alternate member, the second alternate

member shall serve in the position of the first alternate. No member or alternate may vote on any

matter before the board unless they have attended all the hearings concerning that matter. Where

not provided for in the town charter, the zoning ordinance shall specify procedures for filling

vacancies in unexpired terms of zoning board members, and for removal of members for due cause.


 

 

 

1021)

Section

Amended Chapter Numbers:

 

45-24-57

142 and 143, 208 and 209

 

 

45-24-57. Administration -- Powers and duties of zoning board of review.

     A zoning ordinance adopted pursuant to this chapter shall provide that the zoning board of

review shall:

     (1) Have the following powers and duties:

     (i) To hear and decide appeals within sixty-five (65) days of the date of the filing of the

appeal where it is alleged there is an error in any order, requirement, decision, or determination

made by an administrative officer or agency in the enforcement or interpretation of this chapter, or

of any ordinance adopted pursuant hereto;

     (ii) To hear and decide appeals from a party aggrieved by a decision of an historic district

commission, pursuant to §§ 45-24.1-7.1 and 45-24.1-7.2;

     (iii) To hear and decide appeals where the zoning board of review is appointed as the board

of appeals for airport zoning regulations, pursuant to § 1-3-19;

     (iv) To authorize, upon application, in specific cases of hardship, variances in the

application of the terms of the zoning ordinance, pursuant to § 45-24-41;

     (v) To authorize, upon application, in specific cases, special-use permits, pursuant to § 45-

24-42, where the zoning board of review is designated as a permit authority for special-use permits;

     (vi) To refer matters to the planning board or commission, or to other boards or agencies

of the city or town as the zoning board of review may deem appropriate, for findings and

recommendations;

     (vii) To provide for the issuance of conditional zoning approvals where a proposed

application would otherwise be approved except that one or more state or federal agency approvals

that are necessary are pending. A conditional zoning approval shall be revoked in the instance

where any necessary state or federal agency approvals are not received within a specified time

period; and

     (viii) To hear and decide other matters, according to the terms of the ordinance or other

statutes, and upon which the board may be authorized to pass under the ordinance or other statutes;

and

     (2) Be required to vote as follows:

     (i) Five (5) active members are necessary to conduct a hearing. As soon as a conflict occurs

for a member, that member shall recuse himself or herself, shall not sit as an active member, and

shall take no part in the conduct of the hearing. Only five (5) active members are entitled to vote

on any issue;

     (ii) The concurring vote of three (3) of the five (5) members of the zoning board of review

sitting at a hearing are necessary to reverse any order, requirement, decision, or determination of

any zoning administrative officer from whom an appeal was taken; and

     (iii) The concurring vote of four (4) of the five (5) members of the zoning board of review

sitting at a hearing is required to decide in favor of an applicant on any matter within the discretion

of the board upon which it is required to pass under the ordinance, including variances and special-

use permits.

     (3) All members, including alternate members, of any zoning board shall be required to

participate in continuing education courses promulgated pursuant to chapter 70 of this title 45

entitled "Continuing education for local planning and zoning boards and historic district

commissions."

 

PL.208 and PL.209

   (i) Five (5) Four (4) active members, which may include alternates, are necessary to

conduct a hearing. As soon as a conflict occurs for a member, that member shall recuse himself or

herself, shall not sit as an active member, and shall take no part in the conduct of the hearing. Only

A maximum of five (5) active members, which may include alternates, are entitled to vote on any

issue;

     (ii) The concurring vote of three (3) of the five (5) a majority of members of the zoning

board of review sitting at a hearing are is necessary to reverse any order, requirement, decision, or

determination of any zoning administrative officer from whom an appeal was taken; and

     (iii) The concurring vote of four (4) of the five (5) a majority of members of the zoning

board of review sitting at a hearing is required to decide in favor of an applicant on any matter

within the discretion of the board upon which it is required to pass under the ordinance, including

variances and special-use permits.


 

 

 

1022)

Section

Added Chapter Numbers:

 

45-24-73

437 and 440

 

 

45-24-73. Consistent statewide treatment of accessory dwelling units required.

     (a) Any municipality which that chooses to permit accessory dwelling units (ADUs) within

the municipality, shall not impose any excessive restrictions on accessory dwelling units (ADUs).

More specifically, a municipality which that permits ADUs shall not:

     (1) Restrict tenants based on familial relationship or age unless such restriction is necessary

to comply with the terms of the federal subsidy related to affordability;

     (2) Charge unique or unreasonable application fees for the creation of an ADU;

     (3) Require infrastructure improvements, including, but not limited to, separate water or

sewer service lines or expanded septic system capacity,; provided, however, municipalities may

require modification required for compliance under state law or regulation;

     (4) Discriminate against populations protected under state and federal fair housing laws;

     (5) Impose unreasonable dimensional requirements on ADUs that effectively preclude their

development or utilization;

     (6) Require a larger minimum lot size for a property with an ADU over that required for a

property without an ADU in the same zone;

     (7) Require more than one parking space beyond what is already required for the primary

use; or

     (8) Limit ADUs to lots with pre-existing preexisting homes; provided, a municipality shall

allow ADUs as part of applications for new primary dwelling units or subdivisions.

     (b) To further enable the use of ADUs and to remove barriers to utilization, municipalities

may allow ADUs in primary or accessory structures that are lawfully established pre-existing

preexisting non-conforming through a special use permit and not require a variance,

notwithstanding any provision of this chapter to the contrary that would require a variance.

     (c) Private restrictions on ADUs imposed by condominium associations, homeowner

associations, or similar residential property governing bodies, which conflict with the provisions

of this section or the definition of an ADU as set forth in § 45-24-31, shall be void as against public

policy. Provided, however, if ADU's ADUs are allowed by condominium association covenants,

homeowner association covenants, or similar residential property governing bodies, they shall be

deemed in compliance with this subsection.

     (d) The development of ADUs shall not be restricted by any locally adopted ordinance or

policy that places a limit or moratorium on the development of residential units in land zoned for

residential use.


 

 

 

1023)

Section

Added Chapter Numbers:

 

45-24-74

437 and 440

 

 

45-24-74. Additional zoning provisions for applications for accessory dwelling units.

     (a) Applications for ADUs that are not part of a larger development proposal shall be

reviewed through an administrative officer or development plan review process. They shall not, by

themselves, be reviewed as minor land development, major land development, or special use

permits.

     (b) ADUs shall be a permitted use in any residential district with a minimum lot size of

twenty thousand square feet (20,000 sq. ft.) or more, and where the proposed ADU is located within

the existing footprint of the primary structure or existing secondary attached or detached structure

and does not expand the footprint of the structure.

     (c) Municipalities may utilize a unified development review process for any application

that includes ADUs, regardless of whether a city or town has opted into the current unified

development review statute.

     (d) As part of the approval process, municipalities may exempt ADUs from all or part of

utility assessment and/or tie in fees.

 


 

 

 

 

 

1024)

Section

Added Chapter Numbers:

 

45-24-75

437 and 440

 

 

45-24-75. Accessory dwelling units which may be counted towards low- and

moderate-income housing.

     (a) Accessory dwelling units (ADUs) may be counted towards meeting a municipality's

affordable housing goals pursuant to chapter 53 of this title 45, and may be counted towards the

ten percent (10%) of the year-round housing units reported in the census as required by § 45-53-4,

if the tenant of the unit has a one-year lease and the following conditions are met:

     (1) The ADU is occupied by a household whose income does not exceed eighty percent

(80%) of the area median income (AMI), adjusted for family size, as determined and certified by

the selected approved monitoring agent; or

     (2) The ADU is leased to a household utilizing a publicly subsidized rental assistance

voucher which that limits income to no more than eighty percent (80%) of the AMI, evidence of

which is provided to the selected approved monitoring agent; and

     (3) The cost of rent, heat, and utilities other than telephone, cable, and internet, based on

the number of the bedrooms in the unit does not exceed thirty percent (30%) of the gross annual

household income for a household with eighty percent (80%) or less of area median income,

adjusted for family size as certified by the selected approved monitoring agent.

     (b) Accessory dwelling units eligible to be counted toward a community's affordable

housing goal under this section shall be counted as one-half (0.5) units each in every year for which

documentation required to establish eligibility under subsection (a) of this section is provided

annually to Rhode Island housing by the selected approved monitoring agent.

     (c) Notwithstanding subsection (a) of this section, an accessory dwelling unit may not be

counted toward meeting a municipality's affordable housing goal if the tenant is a claimed

dependent on another individual's most recent tax filing unless one or more of the following applies:

     (1) The claimed individual is an adult dependent receiving Supplemental Security Income

(SSI) or Social Security Disability Income; or

     (2) The claimed individual has documentation from a licensed medical professional

certifying to the claimed individual's disability status; or

     (3) The claimed individual is a person with a developmental disability as defined in § 40.1-

1-8.1.

     (d) ADUs serving eligible households as described in subsections (a) or (b) of this section

shall be included in the next annual count of low- and moderate-income units following submittal

of eligibility documentation to Rhode Island housing at one-half (0.5) units each.

 


 

 

 

1025)

Section

Added Chapter Numbers:

 

45-24-76

437 and 440

 

 

45-24-76. Accessory dwelling units annual reporting.

     (a) Each municipality within the state shall furnish to the division of statewide planning

information on:

     (1) Any ordinances enacted related to accessory dwelling units (ADUs), including those

that implement this section of law during the previous calendar year;

     (2) All accessory dwelling units permitted during each of the two (2) previous calendar

years; and

     (3) All accessory dwelling units issued a certificate of occupancy during each of the two

(2) previous calendar years.

     (b) Municipalities shall provide the information in subsection (a) of this section annually

by February 1. Statewide planning shall produce an annual report of municipal activity related to

accessory dwelling units, with the information identified in subsection (a) of this section on a

statewide basis and disaggregated by municipality and shall provide a copy of the report to the

speaker of the house, the president of the senate and the secretary of housing by March 1.


 

 

 

1026)

Section

Amended Chapter Numbers:

 

45-24.1-3

142 and 143

 

 

45-24.1-3. Creation of commission authorized -- Membership appointment -- Term of

office.

     (a) In order to carry out the purposes of this chapter any city or town council shall have the

authority to create a commission called the historic district commission. The membership of a

commission in a city shall consist of seven (7) qualified members, and in a town shall consist of

not less than three (3) nor more than seven (7) qualified members, whose residence is located in

the city or town; and provided, that the historic district commission of the city of Providence shall

consist of eleven (11) qualified members, two (2) of whom shall be members of the city council

elected by the city council from its councilmanic members to serve for a term of four (4) years. In

a city the members shall be appointed by the mayor, except as provided in the case of the historic

district commission of the city of Providence, and in a town, by the president of the town council.

Members of an historic district commission shall be residents of the city or town.

     (b) The appointed members of the commission shall be appointed for three-(3) year (3)

terms, except the initial appointments of some of the members shall be for less than three (3) years

so that the initial appointments are staggered and so that subsequent appointments do not reoccur

at the same time.

     (c) Any city or town has the right to name an auxiliary member of the commission

appointed in addition to the regular members of the commission; provided, that the city of Newport

shall have the right to appoint two (2) auxiliary members to its historic district commission. An

auxiliary member shall sit as an active member, upon the request of the chair, when and if a regular

member of the commission is unable to serve at any meeting of the commission.

     (d) Appointed members of the commission are eligible for reappointment, and, upon the

expiration of their term, shall continue to serve until replaced unless otherwise provided for in local

law.

     (e) In the event of a vacancy on the commission, interim appointments of appointed

members may be made by the appointing authority to complete the unexpired term of the position.

     (f) Organized and existing preservation societies may present to the appointing authority

of a city or town a list of qualified citizens, from which list the appointing authority may select

members of the commission for his or her respective city or town.

     (g) Members of a commission shall serve without compensation.

     (h) Members of a commission shall be required to participate in continuing education

courses promulgated pursuant to chapter 70 of this title 45.


 

 

 

1027)

Section

Amended Chapter Numbers:

 

45-24.3-19

198 and 199

 

 

45-24.3-19. Repairs and other corrective action -- Demolition -- Revolving fund.

     (a) Repairs and other corrective action.

     (1) Whenever an owner, operator, or agent of a dwelling, dwelling unit, rooming unit, or

structure fails, neglects, or refuses to make repairs or other corrective action called for by a second

order or notice of violation issued pursuant to § 45-24.3-17, the enforcing officer may undertake

the repairs or action, when in his or her judgment a failure to make them will endanger the public

health, safety, or welfare, and the cost of the repairs and action will not exceed fifty percent (50%)

of the fair market value of the structure to be repaired.

     (2) Notice of the intention to make repairs or take other corrective action shall be served

upon the owner, operator, or agent pursuant to § 45-24.3-17.

     (3) Every owner, operator, or agent of a dwelling, dwelling unit, rooming unit, or structure,

who receives notice of the intention of the enforcing officer to make repairs or take other corrective

action, shall give entry and free access to the agent of the enforcing officer for the purpose of

making repairs.

     (4) Any owner, operator, agent, or occupant of a dwelling, dwelling unit, rooming unit, or

structure, who refuses, impedes, interferes with, hinders, or obstructs entry by the agent pursuant

to a notice of intention to make repairs or take other corrective action, is subject to a civil penalty

of twenty-five dollars ($25.00) for each failure to comply with this section.

     (5) When repairs are made or other corrective action taken at the direction of the enforcing

officer, cost of the repairs and corrective action constitutes a debt in favor of the corporate unit

against the owner of the repaired structure. In the event the owner fails, neglects, or refuses to pay

the corporate unit the amount of this debt, it is recoverable in a civil action against the owner or his

or her successor, brought in a court of competent jurisdiction by the corporate unit which possesses

all rights of a private creditor.

     (b) Designation of unfit dwellings, dwelling units, rooming units, and structures.

     (1) Any dwelling, dwelling unit, rooming unit, or structure shall be designated as unfit for

human habitation when any of the following defects or conditions are found, and when, in the

opinion of the enforcing officer, these defects create a hazard to the health, safety, or welfare of the

occupants or of the public:

     (i) The structure is damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested.

     (ii) The structure lacks illumination, ventilation, or required thermal and sanitation

facilities.

     (iii) The general condition of location is unsanitary, unsafe, or unhealthful.

     (2) Whenever any dwelling, dwelling unit, rooming unit, or structure has been designated

as unfit for human habitation, the enforcing officer shall placard the dwelling, dwelling unit, or

rooming unit, or structure, indicating that it is unfit for human habitation, and, if occupied, shall

order the dwelling, dwelling unit, rooming unit, or structure vacated within a reasonable time, that

time to be not more than thirty (30) days.

     (3) No dwelling, dwelling unit, rooming unit, or structure, designated as unfit for human

habitation, and which has been placarded and vacated, shall be used again for human habitation

until written approval is secured from the enforcing officer and the placard removed by the

enforcing officer.

     (4) The enforcing officer shall rescind the designation and remove the placard when the

defect or condition upon which the designation and the placarding was based has been removed or

eliminated as to cause the dwelling, dwelling unit, rooming unit, or structure to be deemed by the

enforcing officer as a safe, sanitary, and fit place or unit for human habitation.

     (5) No person shall deface or remove the placard from any dwelling, dwelling unit,

rooming unit, or structure which has been designated as unfit for human habitation and has been

placarded, except as provided in this section.

     (6) Any person affected by any decision of the enforcing officer or by any designation or

placarding of a dwelling, dwelling unit, rooming unit, or structure as unfit for human habitation,

shall be granted a hearing on the matter before the enforcing officer under the procedure established

in § 45-24.3-21.

     (7) The enforcing officer may order the owner of any building, which has been in the past

and/or is vacant and open, to comply with the following specifications: all openings (including

doors and windows) from cellar to second floor and all windows above the second floor leading to

fire escapes, porches, or structural appurtenances, on all floors, must be covered from the exterior

with three-eighths inch (⅜") thick exterior plywood or one-half inch (½") notched boards firmly

secured and with protective coating. All other windows must be so secured by either one-quarter

inch (¼") thick exterior plywood or one-half inch (½") notched boards.

     (c) Demolition of dwellings, dwelling units, or rooming units designated as unfit for human

habitation. (1) The enforcing officer shall order a dwelling, dwelling unit, or rooming unit to be

demolished if it has been designated as unfit for human habitation, has been placarded, has been

vacated, and has not been put into proper repair as to rescind the designation as unfit for human

habitation and to cause the placard to be removed, and is determined by the enforcing officer not

to warrant repair under this section.

     (2) The owner of any dwelling, dwelling unit, or rooming unit, ordered demolished, shall

be given notice of this order in the manner provided for service of notice in § 45-24.3-17, and given

a reasonable time, not to exceed ninety (90) days, to demolish the structure.

     (3) Any owner aggrieved by the notice to demolish may, within ten (10) days, seek a

reconsideration of the matter in the manner provided, and may seek a formal hearing in the manner

provided in § 45-24.3-21.

     (4) When the owner fails, neglects, or refuses to demolish an unfit, unsafe, or unsanitary

dwelling, dwelling unit, or rooming unit within the requisite time, the enforcing officer may apply

to a court of competent jurisdiction for a demolition order to undertake the demolition. The court

may grant the order when no reconsideration or hearing on the matter is pending. The cost of the

demolition shall create a debt in favor of this corporate unit against the owner, and is recoverable

in a civil action brought by the corporate unit which possesses all the rights of a private creditor.

     (5) Whenever a dwelling is demolished, whether carried out by the owner or by the

enforcing officer, the demolition shall include the filling in of the excavation remaining on the

property on which the demolished dwelling was located, in a manner that eliminates all potential

danger to the public health, safety, or welfare arising from the excavation.

     (6) All demolition shall be preceded by an inspection of the premises by the appropriate

authority as provided for by the laws of this state.

     (d) Relocation of occupants. Notwithstanding the other provisions of this section, no

dwelling shall be vacated or demolished by the enforcing officer, under the powers granted to him

or her by the provisions of this chapter, until persons occupying the dwelling at the time the

compliance order is issued have been offered housing accommodations in a decent, safe, and

sanitary dwelling which meets the requirements of this chapter. Should a municipality relocate

occupants, the cost of relocation shall constitute a debt in favor of the corporate unit against the

owner, and is recoverable in a civil action brought by the corporate unit which possesses all the

rights of a private creditor.

     (e) Revolving fund. (1) There is created a revolving fund for the purpose of supporting the

cost of repairs and other corrective action or demolition made by the enforcing officer pursuant to

this section. Into this fund shall be paid:

     (1)(i) All civil penalties collected for violations of this chapter pursuant to § 45-24.3-18.

     (2)(ii) All license fees collected pursuant to this chapter.

     (3)(iii) All judgments collected in actions to recover the costs of repair and other corrective

action and demolition, pursuant to this section.

     (4)(iv) Any other revenues that the corporate unit may from time to time authorize to be

paid into this fund.

     (5)(v) All donations and grants designed to promote the purposes of this chapter from

public or private sources. The enforcing officer is declared to be the authorized agency of the

corporate unit to apply for and receive all grants, loans, and gifts of funds to promote the purposes

of this chapter.

     (2) Notwithstanding anything to the contrary in this subsection, the corporate unit is hereby

authorized to select from a wide array of vendors, contractors and subcontractors, and third-party

administrators to administer a loan program or loan programs utilizing the revolving fund to assist

qualifying owners, operators, and agents with the cost of repairs and other corrective action or

demolition. If the plan includes the purchase of professional assistance, an appropriate contract

shall be prepared and local purchasing policies shall be followed.

     (f) Rent payments. Notwithstanding any lease or other agreement, if the enforcing officer

of any corporate unit has ordered the repair, alteration, or improvement of a dwelling in that the

officer designates the dwelling to be an unfit dwelling, as provided for in this section, then the

obligation of rent to the landlord is suspended and the rent shall be paid into the revolving fund as

established in subsection (e) of this section. by the enforcing officer, to be paid thereafter to the

landlord or any other party authorized to make repairs (including the enforcing officer) to defray

the cost of correcting the conditions, and no action shall be maintained by the landlord against the

tenant for rent or for possession. Sums paid into the revolving fund in excess of those necessary to

make repairs shall be paid to the landlord on completion. If the tenant fails to make payments to

the enforcing officer then an action for rent or possession may be maintained, subject to defenses

that the tenant may have under the lease or agreement.

 

 

 

 


 

 

 

1028)

Section

Admened Chapter Numbers:

 

45-38.1-1

227 and 228

 

 

45-38.1-1. Declaration of policy.

     It is declared that for the benefit of the people of the state of Rhode Island, the increase of

their commerce, welfare, and prosperity and the improvement of their health and living conditions,

it is essential that this and future generations of youth be given the fullest opportunity to learn and

to develop their intellectual, physical and mental capacities; that it is essential that institutions for

higher education within the state be provided with appropriate additional means to assist youth in

achieving the required levels of learning and development of their intellectual, physical and mental

capacities; that is essential that municipalities within the state be provided with appropriate

additional means to improve the health, living conditions, and welfare of their residents with

expanded access to public educational or public recreational facilities; that it is essential that

healthcare providers within the state be provided with appropriate additional facilities; and that it

is the purpose of this chapter to provide a measure of assistance and an alternative method to enable

institutions for higher education in the state, municipalities in the state, child daycare providers

within the state, and healthcare providers to provide the facilities and structures which are sorely

needed to accomplish the purposes of this chapter, and to provide a measure of assistance and an

alternative method to enable students and the families of students attending institutions for higher

education in the state to finance the cost or a portion of the cost of that higher education, all to the

public benefit and good, to the extent and manner provided in this chapter. It is further declared

that the exercise by the Rhode Island health and educational building corporation, created and

established under § 45-38.1-4, of the powers conferred on the corporation, under this chapter, will

constitute the performance of an essential governmental function.

 


 

 

 

1029)

Section

Amended Chapter Numbers:

 

45-38.1-3

227 and 228

 

 

45-38.1-3. Definitions.

     As used in this chapter, the following words and terms have the following meaning unless

the context indicates another or different meaning or intent:

     (1) "Bonds" means bonds of the corporation issued under the provisions of this chapter,

including refunding bonds, notwithstanding that the bonds may be secured by mortgage or the full

faith and credit of the corporation or the full faith and credit of a participating institution for higher

education or of a participating municipality or of a participating healthcare provider or any other

lawfully pledged security of a participating educational institution or child daycare center or of a

participating municipality or of a participating healthcare provider;.

     (2) "Borrower" means a student or a parent who has received or agreed to pay an education

loan;.

     (3) "Capital note(s)" means a note or notes of the corporation not exceeding twelve (12)

months in duration to maturity issued for the benefit of a healthcare provider or educational

institution or municipality or child daycare center to purchase capital assets to be used in the

operations of the healthcare provider or educational institution or municipality or child daycare

center;.

     (4) "Child daycare center" means a child daycare center as defined in § 23-28.1-5 § 42-

12.5-2, which is a not-for-profit organization;.

     (5) "Cooperative hospital service organization" means a corporation created pursuant to

chapter 6 of title 7, which meets the requirements of Section 501(e) of the Internal Revenue Code

of 1954, 26 U.S.C. § 501(e), and is exempt from federal taxation of income in accordance with

Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3);.

     (6) "Corporation" means the Rhode Island health and educational building corporation

created and established as a nonbusiness corporation, under and pursuant to chapter 6 of title 7, as

amended, and constituted and established as a public body corporate and agency of the state under

§ 45-38.1-4, or any board, body, commission, department, or officer succeeding to the principal

functions of the corporation or to whom the powers conferred upon the corporation by this chapter

are given by law;.

     (7) "Corporation loans" means loans by the corporation to an educational institution or

child daycare center for the purpose of funding education loans;.

     (8) "Cost" as applied to a project or any portion of it, financed under the provisions of this

chapter, embraces all or any part of the cost of construction and acquisition of all lands, structures,

real or personal property, rights, rights of way, franchises, easements, and interests acquired or used

for a project, the cost of demolishing or removing any buildings or structures on land so acquired,

including the cost of acquiring any lands to which the buildings or structures may be moved, the

cost of all machinery and equipment, financing charges, interest prior to, during and for a period

after completion of the construction, provisions for working capital, reserves for principal and

interest and for extensions, enlargements, additions, replacements, renovations and improvements,

cost of engineering, financial and legal services, plans, specifications, studies, surveys, estimates

of cost and of revenues, administrative expenses, expenses necessary or incident to determining the

feasibility or practicability of constructing the project, and other expenses that may be necessary or

incident to the construction and acquisition of the project, the financing of the construction and

acquisition, and the placing of the project in operation;.

     (9) "Default insurance" means insurance insuring education loans, corporation loans, or

bonds or notes of the corporation against default;.

     (10) "Default reserve fund" means a fund established pursuant to a resolution of the

corporation for the purpose of securing education loans, corporation loans, or bonds or notes of the

corporation;.

     (11) "Education loan" means a loan which that is made by or on behalf of an educational

institution or child daycare center from the proceeds of a corporation loan, to a student or parents

of a student or both, to finance the student's attendance at the institution;.

     (12) "Education loan series portfolio" means all education loans made by or on behalf of a

specific educational institution or child daycare center which that are funded from the proceeds of

a corporation loan to the institution out of the proceeds of a related specific bond or note issued

through the corporation;.

     (13) "Educational institution" means:

     (i) An educational institution or local education authority participating in the school

housing aid program as described in chapter 7 of title 16 situated within this state which, by virtue

of law or charter, is a public or other nonprofit educational institution empowered to provide a

program of education at the primary, secondary, or high school level, beyond the high school level,

and which is accredited by a nationally recognized educational accrediting agency or association

and awards a bachelor's or advance degree or provides a program of not less than two (2) years'

duration which that is accepted for full credit toward a bachelor's degree;

     (ii) Any nonprofit corporation, business corporation, limited liability company, or

partnership or limited partnership the shareholders or members or partners or limited partners of

which are limited to those entities described in paragraph subsection (13)(i) hereof; or

     (iii) Any nonprofit corporation, business corporation, limited liability company,

partnership, or limited partnership which that is a party to a public-private partnership agreement

at least one of the parties of which is described in paragraph subsection 13(i) hereof;

     (iv) Any museum in this state as defined by § 34-44.1-1 and which that is a not-for-profit

organization; or

     (v) Any performing arts center or theater that produces live, on-stage musical, theatrical,

or dance performances in this state for members of the public and which that is a not-for-profit

organization.

     (14) "Healthcare provider" means:

     (i) Any nonprofit hospital incorporated under the laws of the state, including any nonprofit

subsidiary corporations formed by any hospital or formed by the parent corporation of the hospital;

     (ii) Any nonprofit corporation, the member or members of which consist solely of one or

more hospitals or their parent corporations;

     (iii) Any other hospital, which that is licensed as a general hospital or maternity hospital

pursuant to chapter 17 of title 23, which that is exempt from taxation;

     (iv) Any nonprofit group health association;

     (v) Any cooperative hospital service organization, or any nonprofit corporation that is

licensed as a skilled nursing and/or intermediate care facility pursuant to chapter 17 of title 23,

including any nonprofit subsidiary corporation formed by any of the foregoing skilled nursing

and/or intermediate care facilities, or any nonprofit corporation eligible to receive funding, pursuant

to chapter 8.5 of title 40.1, and/or a corporation created pursuant to chapter 6 of title 7;, provided,

that it is a real estate holding corporation created for the benefit of a nonprofit corporation eligible

to receive funding under chapter 8.5 of title 40.1;

     (vi) Any nonprofit healthcare corporation whose purpose is to provide home care services

or supplies to the citizens of this state including, but not limited to, nonprofit visiting nurse

associations and nonprofit home care organizations;

     (vii) Any other not-for-profit corporation organized pursuant to chapter 6 of title 7 or

pursuant to any special act of the general assembly and which that is exempt from federal taxation

of income in accordance with Section 501(c)(3), 26 U.S.C. § 501(c)(3), of the Internal Revenue

Code and which that is licensed as:

     (A) A healthcare facility pursuant to chapter 17 of title 23;

     (B) A "facility" pursuant to chapter 24 of title 40.1;

     (C) A "residential care and assisted living facility" pursuant to chapter 17.4 of title 23;

     (D) An adult daycare facility; or

     (E) A "clinical laboratory" pursuant to chapter 23-16.2 of title 23 and as a manufacturer of

biological products by the United States Department of Health and Human Services Food and Drug

Administration that operates in Rhode Island;

     (viii) Any not-for-profit corporation which that is exempt from federal taxation of income

in accordance with Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), or any

successor section of the Internal Revenue Code, which that under contract with the state educates,

counsels, or rehabilitates young people who have come subject to child welfare, juvenile justice, or

mental health systems in the state; or

     (ix) Any network or similar arrangement of those entities listed in subsection (i) through

(viii) above subsections 14(i) through (viii) of this section;

     (x)(A) Any nonprofit corporation, business corporation, limited liability company,

partnership, or limited partnership, the shareholders or members or partners or limited partners of

which are limited to those entities described in paragraph subsections (14)(i) through (ix) hereof;

or

     (B) Any nonprofit corporation, business corporation, limited liability company,

partnership, or limited partnership which that is a party to a public-private partnership agreement

at least one of the parties of which is described in paragraph subsections (14)(i) through (ix)

hereof.;

     (xii) (xi) Any not-for-profit corporation organized pursuant to chapter 6 of title 7 or

pursuant to any special act of the general assembly, which that is exempt from federal taxation of

income in accordance with Section 501(c)(3), 26 U.S.C. § 501(c)(3), of the Internal Revenue Code,

which that provides individual or family social or human services within the state and which that

is accredited by a nationally recognized social or human services accrediting agency; or

     (xiii) (xii) A not-for-profit corporation organized pursuant to chapter 6 of title 7 or pursuant

to any special act of the general assembly, which that is exempt from federal taxation of income

in accordance with Section 501(c)(3), 26 U.S.C. § 501(c)(3), of the Internal Revenue Code and

which that provides temporary housing shelter to people within this state.

     (15) "Loan funding deposit" means monies or other property deposited by an educational

institution or child daycare center with the corporation, a guarantor, or a trustee for the purpose of:

     (i) Providing security for bonds or notes;

     (ii) Funding a default reserve fund;

     (iii) Acquiring default insurance;

     (iv) Defraying costs of the corporation, the monies or properties to be in amounts as deemed

necessary by the corporation or a guarantor as a condition for the institution's participation in the

corporation's programs;.

     (16) "Municipality" means any city or town located in the state with powers set forth in

this title 45.

     (16)(17) "Nonprofit group health association" means an association or a corporation

established by an act of the general assembly, or created pursuant to chapter 6 of title 7, to provide

all or any part of a project or property to the citizens of this state;.

     (17)(18) "Note" means a written promise to pay, including, but not limited to, capital notes

and revenue anticipation notes;.

     (18)(19) "Parent" means any parent, legal guardian, or sponsor of the student at an

educational institution or child daycare center;.

     (19)(20) (21) "Participating hospital health care healthcare provider" means a hospital

health care healthcare provider which that, pursuant to the provisions of this chapter, undertakes

the financing and construction or acquisition of a project or undertakes the refunding or refinancing

of obligations or of a mortgage or of advances as provided in and permitted by this chapter;.

     (20)(21) (20) "Participating educational institution" means an educational institution or

child daycare center which, pursuant to the provisions of this chapter, undertakes the financing and

construction or acquisition of a project, or undertakes the refunding or refinancing of obligations

or of a mortgage or of advances or undertakes the financing, directly or indirectly, of education

loans, all as provided in and permitted by this chapter;.

     (22) "Participating municipality" means a municipality which that, pursuant to the

provisions of this chapter, undertakes the financing and construction or acquisition of a project or

undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided

in and permitted by this chapter:.

     (21)(23) "Project," in the case of a participating educational institution or child daycare

center means a structure suitable for use as a dormitory or other housing facility, dining hall, student

union, administration building, academic building, library, laboratory, research facility, classroom,

athletic facility, healthcare facility, and maintenance, storage or utility facility, and other structures

or facilities related to the educational institution or child daycare center or required or useful for

the instruction of students or the conducting of research or the operation of an educational

institution or child daycare center including parking and other facilities or structures essential or

convenient for the orderly conduct of the educational institution or child daycare center and also

includes equipment and machinery and other similar items necessary or convenient for the

operation of a particular facility or structure in the manner for which its use is intended, but does

not include such items as books, fuel, supplies, or other items which are customarily deemed to

result in a current operating charge and in the case of a participating municipality means a structure

suitable for use as a public library, gymnasium, recreational facility, park, playground, and

maintenance, storage, or utility facility and other structures required or useful for the operation of

the project, including parking and other facilities or structures essential or convenient for the

orderly operation of the project, and also includes equipment and machinery and other similar items

necessary or convenient for the operation of the project in the manner for which its use is intended,

but does not include such items as books, fuel, supplies, or other items which that are customarily

deemed to result in a current operating charge; and, in the case of a participating healthcare

provider, means a structure suitable for use as a hospital, clinic, nursing home, congregate housing

for the elderly and/or infirm, mental health service unit, or other healthcare facility, laboratory,

laundry, nurses', interns', or clients' residence, administration building, research facility, and

maintenance, storage, or utility facility, and other structures or facilities related to the healthcare

provider or required or useful for the operation of the project, including parking and other facilities

or structures essential or convenient for the orderly operation of the project, and also includes

equipment and machinery and other similar items necessary or convenient for the operation of the

project in the manner for which its use is intended, but does not include such items as fuel, supplies,

or other items which are customarily deemed to result in a current operating charge;.

      (22)(24) "Public-private partnership agreement" means an arrangement or agreement

pursuant to which a nonprofit corporation, business corporation, limited liability company,

partnership, or limited partnership undertakes or develops a project for an educational institution,

municipality, or a healthcare provider including, but not limited to, a lease arrangement, wherein

pursuant to such arrangement or agreement at the conclusion of such arrangement or agreement the

ownership of the bond-financed or note-financed project is transferred to the educational institution,

municipality, or healthcare provider for no additional consideration.

     (25) "Recreational facility" means a system of public recreation established by § 32-3-2.

     (23)(26) "Revenue anticipation note(s)" means a note or notes of the corporation not

exceeding twelve (12) months in duration to maturity issued for the benefit of a healthcare provider

or educational institution in anticipation of revenues reasonably expected to be collected by the

healthcare provider or educational institution within twelve (12) months from the date of the note

or notes;.

     (24)(27) "School housing project" means an "approved project," as defined in § 16-7-

36(2);.

     (25)(28) "School housing project financing" means bonds issued through the corporation

to fund school housing projects as provided in and permitted by § 16-7-44;.

     (26)(29) "State" means the state of Rhode Island;. and

     (27)(30) "State reimbursement" shall mean the state's share of school housing project cost

as determined in accordance with §§ 16-7-35 -- 16-7-47.

 


 

 

 

1030)

Section

Amended Chapter Numbers:

 

45-38.1-4

227 and 228

 

 

45-38.1-4. Corporation established.

     (a) There is hereby created a public body corporate and agency of the state to be known as

the "Rhode Island health and educational building corporation" as successor to the Rhode Island

educational building corporation, previously created as a nonbusiness corporation under and

pursuant to chapter 6 of title 7, as amended by chapter 121 of the Public Laws of 1966, and

constituted and established as a public body corporate and agency of the state for the exercising of

the powers conferred on the corporation under and pursuant to §§ 45-38.1-1 -- 45-38.1-24.

     (b) All of the powers of the corporation are vested in the board of directors of the

corporation elected at the first meeting of the incorporators of the Rhode Island educational

building corporation, and the members of the board shall continue to serve for the duration of the

terms for which they were originally elected. Successors to the members of the board of directors

shall be appointed by the governor, as follows: prior to the month of June in each year, commencing

in the year 1968, the governor shall appoint a member to serve on the board of directors for a term

of five (5) years to succeed the member whose term will expire in June of that year. In the event of

a vacancy occurring in the membership of the board of directors, the governor shall appoint a new

member of the board of directors for the unexpired term. Any member of the board of directors is

eligible for reappointment.

     (c) Each member of the board of directors, before entering upon his or her duties, shall take

an oath to administer the duties of his or her office faithfully and impartially, and the oath shall be

filed in the office of the secretary of state.

     (d) The board of directors shall elect two (2) of its members as chairperson and vice

chairperson, and also elect a secretary, assistant secretary, treasurer, and assistant treasurer, who

need not be members of the board. Three (3) members of the board of directors of the corporation

shall constitute a quorum, and the affirmative vote of the majority of the directors present and

entitled to vote at any regular or special meeting at which a quorum is present, is necessary for any

action to be taken by the corporation; except, however, that the affirmative vote of three (3)

members of the board of directors is necessary for the election of officers of the corporation and to

amend the bylaws of the corporation. No vacancy in the membership of the board of directors of

the corporation impairs the right of a quorum to exercise all the powers of and perform the duties

of the corporation.

     (e) Any action taken by the corporation under the provisions of this chapter may be

authorized by resolution at any regular or special meeting, and each resolution takes effect

immediately and need not be published or posted.

     (f) The members of the board of directors shall receive compensation at the rate of fifty

dollars ($50.00) per meeting attended; however, the compensation shall not exceed one thousand

five hundred dollars ($1,500) per fiscal year per member.

     (g) Notwithstanding any other law to the contrary, it shall not be or constitute a conflict of

interest for a trustee, director, officer, or employee of an institution for higher education or

municipality or child daycare center or a healthcare provider to serve as a member of the board of

directors of the corporation; provided, that the trustee, director, officer, or employee abstains from

deliberation, action, and vote by the board under this chapter in specific respect to the institution

for higher education, or municipality or, child daycare center or the healthcare provider of which

the member is a trustee, director, officer, or employee.

     (h) The board and corporation shall comply with provisions of chapter 155 of title 42, the

quasi-public corporations accountability and transparency act.


 

 

 

1031)

Section

Amended Chapter Numbers:

 

45-38.1-5

227 and 228

 

 

45-38.1-5. General grant of powers.

     The corporation has the following powers, together with all powers incidental or necessary

for the performance of the following:

     (1) To have perpetual succession as a public body corporate and agency of the state and to

adopt bylaws for the regulation of its affairs and the conduct of its business;

     (2) To adopt an official seal and alter the seal at pleasure;

     (3) To maintain an office at a place or places that it may designate;

     (4) To sue and be sued, plead and be impleaded;

     (5) To determine the location and character of any project to be financed under the

provisions of this chapter, and to construct, reconstruct, renovate, replace, maintain, repair, operate,

lease, as lessee or lessor, and regulate the project to pay its costs, to enter into contracts for any or

all of those purposes, to enter into contracts for the management and operation of a project, and to

designate a participating educational institution or child day care daycare center or a participating

municipality, or a participating health care healthcare provider as its agent to determine the

location and character of a project undertaken by the participating educational institution or child

day care daycare center, or a participating municipality or by a participating health care healthcare

provider under the provisions of this chapter, and as the agent of the corporation, to acquire,

construct, reconstruct, renovate, replace, maintain, repair, operate, lease, as lessee or lessor, and

regulate the project, and, as the agent of the corporation, to enter into contracts for any or all of

those purposes, including contracts for the management and operation of the project;

     (6) To issue bonds, notes, bond anticipation notes, revenue anticipation notes, capital notes,

and other obligations of the corporation including, but not limited to, interest rate exchange

agreements and contracts to hedge interest rates, for any of its corporate purposes, and to fund or

refund the bonds, all as provided in this chapter;

     (7) Generally, to fix and revise from time to time and charge and collect rates, rents, fees,

and charges for the use of and for the services furnished or to be furnished by a project or any

portion of it, and to contract with any person, partnership, association, or corporation or other body

public or private in respect to the project;

     (8) To establish rules and regulations for the use of a project or any portion of it and to

designate a participating educational institution or child day care daycare center, or a participating

health care provider or a participating municipality as its agent to establish rules and regulations

for the use of a project undertaken by the participating educational institution or child day care

daycare center or by the participating health care healthcare provider or by the participating

municipality;

     (9) Employ consulting engineers, architects, attorneys, accountants, construction and

financial experts, superintendents, managers, and other employees and agents as may be necessary

in its judgment, and to fix their compensation;

     (10) To receive and accept from any public agency, loans or grants for or in aid of the

construction of a project or any portion of it, and to receive and accept loans, grants, aid, or

contributions from any source of either money, property, labor, or other things of value, to be held,

used, and applied only for the purposes for which those loans, grants, aid, and contributions are

made;

     (11) To mortgage any project, and the site of the project, for the benefit of the holders of

bonds issued to finance the project;

     (12) To make loans to any participating educational institution or child day care center and

to any participating health care healthcare provider or to a participating municipality for the cost

of a project in accordance with an agreement, and any other security instrument required by the

corporation between the corporation and the participating educational institution or child day care

daycare center or the participating health care healthcare provider; or participating municipality;

provided, that, no loan exceeds the total cost of the projects as determined by the participating

educational institution or child day care daycare center or the participating hospital, healthcare

provider or the participating municipality and approved by the corporation;

     (13) To make loans to a participating educational institution or child day care daycare

center or to a participating health care healthcare provider or to the participating municipality to

refund outstanding obligations, mortgages, or advances issued, made or given by the participating

educational institution or child day care daycare center or the participating health care healthcare

provider or to a participating municipality for the cost of a project;

     (14) To charge to and equitably apportion, among participating educational institution or

child day care daycare center and participating health care healthcare provider and participating

municipality, its administrative costs and expenses incurred in the exercise of the powers and duties

conferred by this chapter;

     (15) To accept any gifts or grants or loans of funds or property or financial or other aid in

any form from the federal government or any agency or instrumentality of the federal government,

or from the state or any agency or instrumentality of the state, or from any other source and to

comply, subject to the provisions of this chapter, with the terms and conditions of the gifts, grants,

or loans;

     (16) To do all things necessary or convenient to carry out the purposes of this chapter. In

carrying out the purposes of this chapter, the corporation may undertake a project for two (2) or

more participating health care healthcare providers jointly, or for any combination of providers,

and, thereupon, all other provisions of this chapter shall apply to and for the benefit of the

corporation and those joint participants;

     (17) To enter into contracts for the purpose of guaranteeing or insuring loans to any

participating educational institution or child day care daycare center or to any participating health

care healthcare provider or to any participating municipality to carry out the purposes of the

corporation, and to pledge, encumber, or advance funds of the corporation in connection with the

loans; and

     (18) To make and effectuate gifts or grants of corporation funds for or in aid of the

construction of or development of any project or any portion of a project or in furtherance of the

policies, purposes, and powers of the corporation set forth in this chapter, and to retain or appoint

any agents or consultants deemed necessary or desirable by the corporation to effectuate, make,

and administer the gifts or grants.


 

 

1032)

Section

Amended Chapter Numbers:

 

45-38.1-6

227 and 228

 

 

45-38.1-6. Acquisition of property.

     The corporation is authorized and empowered, directly, or by and through a participating

institution for higher education or a participating municipality or a participating child daycare

center or a participating health care healthcare provider, as its agent, to acquire by purchase or by

gift or devise any lands, structures, property, real or personal, rights, rights of way, franchises,

easements, and other interests in lands, including lands lying under water and riparian rights, which

are located within or without the state as it may deem necessary or convenient for the construction

or operation of a project, upon terms and at prices that may be considered by it to be reasonable

and can be agreed upon between it and the owner of the property, and to take title to the property

in the name of the corporation or in the name of a participating institution for higher education or

a participating municipality or a participating child daycare center or a participating health care

healthcare provider as its agent.


 

 

1033)

Section

Amended Chapter Numbers:

 

45-38.1-7

227 and 228

 

 

45-38.1-7. Title to project.

     When the principal of and interest on bonds of the corporation issued to finance the cost of

a particular project or projects for a participating institution for higher education or for a

participating municipality or a participating child daycare center or for a participating health care

healthcare provider, including any refunding bonds or notes issued to refund and refinance the

bonds or notes, have been fully paid and retired, or when adequate provision has been made to fully

pay and retire the bonds or notes, and all other conditions of the resolution or trust agreement

authorizing and securing the bonds or notes have been satisfied and the lien of the resolution or

trust agreement has been released in accordance with its provisions, the corporation shall promptly

do things and execute deeds and conveyances that are necessary and required to convey title to the

project or projects to the participating institution for higher education or the participating

municipality or the participating child daycare center or the participating health care healthcare

provider, free and clear of all liens and encumbrances, all to the extent that title to the project or

projects shall not, at the time, then be vested in the participating institution for higher education or

the participating municipality or the participating child daycare center or the participating health

care healthcare provider.

 


 

 

1034)

Section

Amended Chapter Numbers:

 

45-38.1-9

227 and 228

 

 

45-38.1-9. Bonds of the corporation.

     (a) The corporation is authorized from time to time to issue its negotiable bonds for any

corporate purpose or project. In anticipation of the sale of the bonds the corporation may issue

negotiable bond anticipation notes and may renew those notes from time to time, but maximum

maturity of the notes, including renewals of those notes, shall not exceed forty (40) years from the

date of issue of the original notes. The notes shall be paid from any revenues of the corporation or

other moneys available for payment and not otherwise pledged, or from the proceeds of the sale of

the bonds of the corporation in anticipation of which they were issued. The notes shall be issued in

the same manner as the bonds. The notes and the resolution, or resolutions authorizing the notes,

may contain any provisions, conditions, or limitations which a bond resolution of the corporation

may contain.

     (b) The bonds, notes, or other obligations are payable from any revenues or moneys of the

corporation available for payment and not otherwise pledged, subject only to any agreements with

the holders of particular bonds, notes, or other obligations pledging any particular revenues or

moneys, and subject to any agreements with any participating institution for higher education or

any participating municipality or participating child daycare center or any participating hospital,

notwithstanding that the bonds, notes, or other obligations may be payable from a special fund,

they shall be and be deemed to be for all purposes negotiable instruments, subject only to the

provisions of the bonds, notes, or other obligations for registration.

     (c) The bonds may be issued as serial bonds or as term bonds, or the corporation, in its

discretion, may issue bonds of both types. The bonds shall be authorized by resolution of the

corporation and bear a date or dates, mature at a time or times, not exceeding sixty-five (65) years

from their respective dates, bear interest at rate or rates, be payable at a time or times, be in

denominations, be in a form, either coupon or registered, carry registration privileges, be executed

in a manner, be payable in lawful money of the United States of America at a place or places, and

be subject to terms of redemption, that the resolution or resolutions may provide. In the event term

bonds are issued, the resolution authorizing the term bonds may make provisions for the

establishment and management of adequate sinking reserve funds for their payment as the

corporation may deem necessary. The bonds or notes may be sold at public or private sale for a

price or prices as the corporation determines. Pending preparation of the definitive bonds, the

corporation may issue interim receipts or certificates which shall be exchanged for the definitive

bonds.

     (d) Any resolution or resolutions authorizing any bonds or any issue of bonds may contain

provisions, which are a part of the contract with the holders of the bonds to be authorized, as to:

     (1) Pledging the full faith and credit of a participating institution for higher education or of

a participating municipality or participating child daycare center or of a participating health care

healthcare provider, all or any part of the revenues of a project of any revenue producing contract

or contracts made by the corporation with any individual, partnership, corporation, or association

or other body, public or private, or pledging all or any part of the revenues derived from corporation

loans, education loans, payments by participating institutions for higher education, banks,

guarantors, insurers, or others pursuant to letters of credit or purchase agreements, investment

earnings, insurance proceeds, loan funding deposits, proceeds from the sale of education loans,

proceeds of refunding bonds and fees, charges, and other revenues of the corporation, to secure the

payment of the bonds or of any particular issue of bonds, subject to agreements with bondholders

as may then exist;

     (2) The rentals, revenues, fees, and other charges to be charged, and the amounts to be

raised in each year, and the use and disposition of the revenues;

     (3) The setting aside of reserves or sinking funds, loan funding deposits, and their

regulation and disposition;

     (4) Limitations on the right of the corporation or its agent to restrict and regulate the use of

the project or of education loans;

     (5) Limitations on the purpose to which the proceeds of the sale of any issue, of bonds then

or thereafter to be issued, may be applied and pledging the proceeds to secure the payment of the

bonds or any issue of the bonds;

     (6) Limitations on the issuance of additional bonds, the terms upon which additional bonds

may be issued and secured, and the refunding of outstanding bonds;

     (7) The procedure, if any, by which the terms of any contract with bondholders may be

amended or abrogated, the amount of bonds the holders of which must consent thereto, and the

manner in which the consent may be given;

     (8) Limitations on the amount of moneys derived from the project or education loan

program to be expended for operating, administrative, or other expenses of the corporation;

     (9) Defining the acts or omissions to act which constitute a default in the duties of the

corporation to holders of its obligations, and providing the rights and remedies of those holders in

the event of a default;

     (10) The mortgaging of a project and its site for the purpose of securing the bondholders;

     (11) Any other additional covenants, agreements, and provisions that are deemed desirable

or necessary by the corporation for the security of the holders of the bonds; and

     (12) Providing for guarantees, pledges of endowment, letters of credit, property, or other

security for the benefit of the holders of the bonds.

     (e) Neither the members of the corporation nor any person executing the bonds or notes

are personally liable on the bonds or notes, or are subject to any personal liability or accountability

by reason of the issuance of the bonds or notes.

     (f) The corporation has power out of any available funds, to purchase its bonds or notes.

The corporation may hold, pledge, cancel, or resell the bonds, subject to and in accordance with

agreements with bondholders.


 

 

1035)

Section

Amended Chapter Numbers:

 

45-38.1-20

227 and 228

 

 

45-38.1-20. Procedure before issuance of bonds or notes.

     Notwithstanding any other provisions of this chapter, the corporation is not empowered to

undertake any project authorized by this chapter unless, prior to the issuance of any bonds or notes

under this chapter, it has determined that:

     (1) The acquisition, construction, or financing of the cost of the project will:

     (i) With respect to an institution for higher education or child daycare center, enable or

assist the institution to fulfill its obligations in providing education or child daycare center to the

youth of this state; or

     (ii) With respect to a health care healthcare provider, enable the health care healthcare

provider to improve the health of the people it serves by means of expanded health care, health care

healthcare provider, and other related services; and or

     (iii) With respect to a municipality, enable the municipality to improve the health, or living

conditions or welfare of its residents by means of expanded access to public educational or public

recreational facilities.;

     (2) The project is leased to, or owned by, a financially responsible institution for higher

education or child daycare center or municipality or health care healthcare provider within the

state; and

     (3) Adequate provision has been, or will be, made for the payment of the cost of the

construction and/or acquisition of the project, and, except with regard to those bonds issued through

the corporation related to school housing project financing, that under no circumstances will the

state be obligated, directly or indirectly, for the payment of the cost of the construction and/or

acquisition of the project, or for the payment of the principal of, or interest on, any obligations

issued to finance the construction and/or acquisition; and

     (4) Adequate provision has been, or will be made in any agreement with respect to or lease

of the project for payment of all costs of operation, maintenance, and upkeep of the project by the

lessee, sublessee, or occupant so that under no circumstances is the state obligated, directly or

indirectly, for the payment of the costs except with regard to state reimbursement for school

housing projects; provided, that no findings shall be made and no financing effected under this

chapter, with respect to health care healthcare providers, unless the proposed health care

healthcare providers have first been approved by any state agency empowered to approve the

construction of any health care healthcare providers in the manner provided in its general laws.


 

 

1036)

Section

Amended Chapter Numbers:

 

45-53-3

386 and 387, 411 and 412, 413 and 414

 

 

45-53-3. Definitions.

     The following words, wherever used in this chapter, unless a different meaning clearly

appears from the context, have the following meanings:

     (1) "Affordable housing plan" means a component of a housing element, as defined in §

45-22.2-4(1), to meet housing needs in a city or town that is prepared in accordance with guidelines

adopted by the state planning council, and/or to meet the provisions of § 45-53-4(b)(1) and (c).

     (2) "Approved affordable housing plan" means an affordable housing plan that has been

approved by the director of administration as meeting the guidelines for the local comprehensive

plan as promulgated by the state planning council; provided, however, that state review and

approval, for plans submitted by December 31, 2004, shall not be contingent on the city or town

having completed, adopted, or amended its comprehensive plan as provided for in § 45-22.2–8, §

45-22.2–9, or § 45-22.2–12.

     (3) "Comprehensive plan" means a comprehensive plan adopted and approved by a city or

town pursuant to chapters 22.2 and 22.3 of this title.

     (4) "Consistent with local needs" means reasonable in view of the state need for low- and

moderate-income housing, considered with the number of low-income persons in the city or town

affected and the need to protect the health and safety of the occupants of the proposed housing or

of the residence residents of the city or town, to promote better site and building design in relation

to the surroundings, or to preserve open spaces, and if the local zoning or land use ordinances,

requirements, and regulations are applied as equally as possible to both subsidized and

unsubsidized housing. Local zoning and land use ordinances, requirements, or regulations are

consistent with local needs when imposed by a city or town council after a comprehensive hearing

in a city or town where:

     (i) Low- or moderate-income housing exists which is: (A) in In the case of an urban city

or town which has at least 5,000 occupied year-round rental units and the units, as reported in the

latest decennial census of the city or town, comprise twenty-five percent (25%) or more of the year-

round housing units, and is in excess of fifteen percent (15%) of the total occupied year-round

rental units; or (B) in In the case of all other cities or towns, is in excess of ten percent (10%) of

the year-round housing units reported in the census.

     (ii) The city or town has promulgated zoning or land use ordinances, requirements, and

regulations to implement a comprehensive plan which has been adopted and approved pursuant to

chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides

for low- and moderate-income housing in excess of either ten percent (10%) of the year-round

housing units or fifteen percent (15%) of the occupied year-round rental housing units as provided

in subdivision (4)(i).

     (iii) Multi-family rental units built under a comprehensive permit may be calculated

towards meeting the requirements of a municipality’s low- or moderate-income housing inventory,

as long as the units meet and are in compliance with the provisions of § 45-53-3.1.

     (5) "Infeasible" means any condition brought about by any single factor or combination of

factors, as a result of limitations imposed on the development by conditions attached to the approval

of the comprehensive permit, to the extent that it makes it impossible for a public agency, nonprofit

organization, or limited equity housing cooperative to proceed in building or operating low- or

moderate-income housing without financial loss, within the limitations set by the subsidizing

agency of government, on the size or character of the development, on the amount or nature of the

subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the

rent levels and unit sizes proposed by the public agency, nonprofit organization, or limited equity

housing cooperative.

     (6) "Letter of eligibility" means a letter issued by the Rhode Island housing and mortgage

finance corporation in accordance with § 42-55-5.3(a).

     (7) "Local board" means any town or city official, zoning board of review, planning board

or commission, board of appeal or zoning enforcement officer, local conservation commission,

historic district commission, or other municipal board having supervision of the construction of

buildings or the power of enforcing land use regulations, such as subdivision, or zoning laws.

     (8) "Local review board" means the planning board as defined by § 45-22.2-4(20), or if

designated by ordinance as the board to act on comprehensive permits for the town, the zoning

board of review established pursuant to § 45-24-56.

     (9) "Low- or moderate-income housing" means any housing whether built or operated by

any public agency or any nonprofit organization or by any limited equity housing cooperative or

any private developer, that is subsidized by a federal, state, or municipal government subsidy under

any program to assist the construction or rehabilitation of housing affordable to low- or moderate-

income households, as defined in the applicable federal or state statute, or local ordinance and that

will remain affordable through a land lease and/or deed restriction for ninety-nine (99) years or

such other period that is either agreed to by the applicant and town or prescribed by the federal,

state, or municipal government subsidy program but that is not less than thirty (30) years from

initial occupancy.

     (10) "Meeting housing needs" means adoption of the implementation program of an

approved affordable housing plan and the absence of unreasonable denial of applications that are

made pursuant to an approved affordable housing plan in order to accomplish the purposes and

expectations of the approved affordable housing plan.

     (11) "Municipal government subsidy" means assistance that is made available through a

city or town program sufficient to make housing affordable, as affordable housing is defined in §

42-128-8.1(d)(1); such assistance may include, but is not limited to, direct financial support,

abatement of taxes, waiver of fees and charges, and approval of density bonuses and/or internal

subsidies, and any combination of forms of assistance.

 

PL.411 and PL.412

(ii) The city or town has promulgated zoning or land use ordinances, requirements, and

regulations to implement a comprehensive plan which that has been adopted and approved

pursuant to chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan

provides for low- and-moderate-income housing in excess of either ten percent (10%) of the year-

round housing units or fifteen percent (15%) of the occupied year-round rental housing units as

provided in subdivision (4)(i).

     (5) "Infeasible" means any condition brought about by any single factor or combination of

factors, as a result of limitations imposed on the development by conditions attached to the approval

of the comprehensive permit, to the extent that it makes it impossible for a public agency, nonprofit

organization, or limited equity housing cooperative to proceed in building or operating low- or

moderate-income housing without financial loss, within the limitations set by the subsidizing

agency of government, on the size or character of the development, on the amount or nature of the

subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the

rent levels and unit sizes proposed by the public agency, nonprofit organization, or limited equity

housing cooperative.

(11) "Monitoring agents" means those monitoring agents appointed by the Rhode Island

housing resources commission pursuant to § 45-53-3.1 45-53-3.2 and to provide the monitoring

and oversight set forth in this chapter, including, but not limited to, §§ 45-53-3.1 45-53-3.2 and 45-

53-4.

 

PL.413 and PL.414

    (ii) The city or town has promulgated zoning or land use ordinances, requirements, and

regulations to implement a comprehensive plan which has been adopted and approved pursuant to

chapters 22.2 and 22.3 of this title, and the housing element of the comprehensive plan provides

for low and moderate income housing in excess of either ten percent (10%) of the year-round

housing units or fifteen percent (15%) of the occupied year-round rental housing units as provided

in subdivision (4)(i).

     (5) "Infeasible" means any condition brought about by any single factor or combination of

factors, as a result of limitations imposed on the development by conditions attached to the approval

of the comprehensive permit, to the extent that it makes it impossible for a public agency, nonprofit

organization, or limited equity housing cooperative to proceed in building or operating low or

moderate income housing without financial loss, within the limitations set by the subsidizing

agency of government, on the size or character of the development, on the amount or nature of the

subsidy, or on the tenants, rentals, and income permissible, and without substantially changing the

rent levels and unit sizes proposed by the public agency, nonprofit organization, or limited equity

housing cooperative.

  (11) "Monitoring agents" means those monitoring agents appointed by the Rhode Island

housing resources commission pursuant to §45-53-3.1 to provide the monitoring and oversight set

forth in this chapter, including, but not limited to, §§ 45-53-3.1 and 45-53-4.


 

 

 

1037)

Section

Added Chapter Numbers:

 

45-53-3.1

386 and 387

 

 

45-53-3.1. Formula to include non-income restricted multi-family rental units as low-

and moderate-income housing.

     (a) In calculating the number of year-round housing units towards meeting the goals of an

excess of ten percent (10%) of the year-round housing units consistent with local needs required

pursuant to § 45-53-4, rental units in multi-family housing built after the effective date of this

section may be included as low- or moderate-income housing, in accordance with the following

conditions:

     (1) At least thirty percent (30%) of the units created are deed restricted for households

earning not more than sixty percent (60%) of the area median income, adjusted for household size;

or

     (2) At least fifty percent (50%) of the units created are deed restricted for households

earning not more than eighty percent (80%) of the area median income, adjusted for household

size; and

     (3) The proposed affordable units meet all other requirements of this chapter to be

calculated as low- or moderate-income housing; and

     (4) All non-deed restricted units developed under the same comprehensive permit shall be

included in the low- and moderate-income housing inventory as one-half (0.5) units each.

     (b) As used in this section and as applied to this chapter:

     (1) "Area median income (AMI)" means area median household income as defined by the

U.S. Department of Housing and Urban Development, adjusted for household size.

     (2) "Multi-family housing'' means a building with three (3) or more residential dwelling

units or two (2) or more buildings on the same lot with more than one residential dwelling unit in

each building.


 

 

1038)

Section

Added Chapter Numbers:

 

45-53-3.2

411 and 412

 

 

45-53-3.2. Approved monitoring agent program.

     (a) There is hereby established an approved monitoring agent program (the "program").

Effective July 1, 2022, the Rhode Island housing resources commission (the "commission")

established pursuant to chapter 128 of title 42 shall appoint and oversee approved monitoring agents

as part of this program.

     (b) On or before July 1, 2023, the commission shall promulgate rules and regulations

pursuant to chapter 35 of title 42 ("administrative procedures") for the implementation of the

program, which shall include a process for the selection and approval of monitoring agents. These

rules and regulations shall be prepared to ensure the selection and appointment of organizations

who that shall be capable of monitoring and ensuring that municipally subsidized housing

developments remain affordable, and that income-eligible buyers and tenants are occupying these

units. The commission shall appoint these monitoring agents, who shall serve for terms of not more

than five (5) consecutive years; provided that, the term of an approved monitoring agent may be

renewed by the commission.

     (c) As used in this section, the term "LMI" means low- and moderate-income housing and

includes area median-income levels as established by the U.S. Department of Housing and Urban

Development ("HUD").

     (d) Specific duties of approved monitoring agents shall include, but not be limited to, the

following:

     (1) To oversee, monitor, and ensure that tenants in LMI rental units meet income limits

annually and that monthly rental rates are consistent with the low- and moderate-income guidelines

and the recorded deed restrictions;

     (2) To oversee, monitor, and ensure that LMI homeownership units continue to serve as

the owners' year-round principal residences; monitor and ensure that any proposed refinance of a

LMI unit during the period in which a deed restriction is in effect is in compliance with program

requirements: in the case of the resale of any LMI unit during the period in which a deed restriction

is in effect, the maximum sales price is consistent with the recorded deed restriction and that the

proposed buyer of the LMI unit meets the income limits as defined within the recorded deed

restriction; and

     (3) To oversee, monitor and ensure any LMI accessory dwelling unit being counted is in

compliance with the following requirements:

     (i) An annual lease; and

     (ii) The accessory dwelling unit is occupied by a household whose income does not exceed

eighty percent (80%) of the area median income (AMI), adjusted for family size; and

     (iii) The cost of rent, heat, and utilities other than telephone, cable, and Internet internet,

based on the number of the bedrooms in the unit does not exceed thirty percent (30%) of the gross

annual household income for a household with eighty percent (80%) or less of area median income,

adjusted for family size as certified by the selected approved monitoring agent.;

     (4) Any other provision contained in chapter 24 of this title 45 which that reasonably

relates to affordable housing compliance and enforcement.; and

     (5) Such other duties as the commission sets forth in its rules and regulations for the

monitoring agents.

     (e) The commission shall also promulgate rules and regulations providing for the terms of

engagement of the approved monitoring agents, standards for approval and recertification of the

approved monitoring agents, and establish reporting requirements for the approved monitoring

agents to the commission.

     (f) Commencing on or before January 1, 2023, and on or before January 1 thereafter, the

commission shall prepare a report on the approved monitoring agent program to the governor, the

speaker of the house, the president of the senate, and the secretary of housing.


 

 

 

 

1039)

Section

Amended Chapter Numbers:

 

45-53-4

386 and 387, 411 and 412, 413 and 414

 

 

45-53-4. Procedure for approval of construction of low- or moderate-income housing.

     (a) Any applicant proposing to build low- or moderate-income housing may submit to the

local review board a single application for a comprehensive permit to build that housing in lieu of

separate applications to the applicable local boards. This procedure is only available for proposals

in which at least twenty-five percent (25%) of the housing is low- or moderate-income housing.

The application and review process for a comprehensive permit shall be as follows:

     (1) Submission requirements. Applications for a comprehensive permit shall include:

     (i) A letter of eligibility issued by the Rhode Island housing and mortgage finance

corporation, or in the case of projects primarily funded by the U.S. Department of Housing and

Urban Development or other state or federal agencies, an award letter indicating the subsidy, or

application in such form as may be prescribed for a municipal government subsidy; and

     (ii) A written request to the local review board to submit a single application to build or

rehabilitate low- or moderate-income housing in lieu of separate applications to the applicable local

boards. The written request shall identify the specific sections and provisions of applicable local

ordinances and regulations from which the applicant is seeking relief; and

     (iii) A proposed timetable for the commencement of construction and completion of the

project; and

     (iv) A sample land lease or deed restriction with affordability liens that will restrict use as

low- and moderate-income housing in conformance with the guidelines of the agency providing

the subsidy for the low- and moderate-income housing, but for a period of not less than thirty (30)

years; and

     (v) Identification of an approved entity that will monitor the long-term affordability of the

low- and moderate-income units; and

     (vi) A financial pro-forma for the proposed development; and

     (vii) For comprehensive permit applications: (A) not Not involving major land

developments or major subdivisions including, but not limited to, applications seeking relief from

specific provisions of a local zoning ordinance, or involving administrative subdivisions, minor

land developments or minor subdivisions, or other local ordinances and regulations: those items

required by local regulations promulgated pursuant to applicable state law, with the exception of

evidence of state or federal permits; and for comprehensive permit applications; and (B) involving

Involving major land developments and major subdivisions, unless otherwise agreed to by the

applicant and the town; those items included in the checklist for the master plan in the local

regulations promulgated pursuant to § 45-23-40. Subsequent to master plan approval, the applicant

must submit those items included in the checklist for a preliminary plan for a major land

development or major subdivision project in the local regulations promulgated pursuant to § 45-

23-41, with the exception of evidence of state or federal permits. All required state and federal

permits must be obtained prior to the final plan approval or the issuance of a building permit; and

     (viii) Municipalities may impose fees on comprehensive permit applications that are

consistent with but do not exceed fees that would otherwise be assessed for a project of the same

scope and type but not proceeding under this chapter, provided, however, that the imposition of

such fees shall not preclude a showing by a non-profit nonprofit applicant that the fees make the

project financially infeasible; and

     (xi) Notwithstanding the submission requirements set forth above, the local review board

may request additional, reasonable documentation throughout the public hearing, including, but not

limited to, opinions of experts, credible evidence of application for necessary federal and/or state

permits, statements and advice from other local boards and officials.

     (2) Certification of completeness. The application must be certified complete or incomplete

by the administrative officer according to the provisions of § 45-23-36; provided, however, that for

a major land development or major subdivision, the certificate for a master plan shall be granted

within thirty (30) days and for a preliminary plan shall be granted within forty-five (45)

days. The running of the time period set forth herein will be deemed stopped upon

the issuance of a certificate of incompleteness of the application by the administrative officer

and will recommence upon the resubmission of a corrected application by the applicant.

However, in no event will the administrative officer be required to certify a corrected

submission as complete or incomplete less than fourteen (14) days after its resubmission.

If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with

specificity the missing or incomplete items.

     (3) Pre-application conference. Where the comprehensive permit application proposal is a

major land development project or a major subdivision pursuant to chapter 23 of this title a

municipality may require an applicant proposing a project under this chapter to first schedule a pre-

application conference with the local review board, the technical review committee established

pursuant to § 45-23-56, or with the administrative officer for the local review board and other local

officials, as appropriate. To request a pre-application conference, the applicant shall submit a short

description of the project in writing including the number of units, type of housing, as well as a

location map. The purpose of the pre-application conference shall be to review a concept plan of

the proposed development. Upon receipt of a request by an applicant for a pre-application

conference, the municipality has thirty (30) days to schedule and hold the pre-application

conference. If thirty (30) days has elapsed from the filing of the pre-application submission and no

pre-application conference has taken place, nothing shall be deemed to preclude an applicant from

thereafter filing and proceeding with an application for a comprehensive permit.

     (4) Review of applications. An application filed in accordance with this chapter shall be

reviewed by the local review board at a public hearing in accordance with the following provisions:

     (i) Notification. Upon issuance of a certificate of completeness for a comprehensive permit,

the local review board shall immediately notify each local board, as applicable, of the filing of the

application, by sending a copy to the local boards and to other parties entitled to notice of hearings

on applications under the zoning ordinance and/or land development and subdivision regulations

as applicable.

     (ii) Public Notice. Public notice for all public hearings will be the same notice required

under local regulations for a public hearing for a preliminary plan promulgated in accordance with

§ 45-23-42. The cost of notice shall be paid by the applicant.

     (iii) Review of minor projects. The review of a comprehensive permit application involving

only minor land developments or minor subdivisions or requesting zoning ordinance relief or relief

from other local regulations or ordinances not otherwise addressed in this subsection, shall be

conducted following the procedures in the applicable local regulations, with the exception that all

minor land developments or minor subdivisions under this section are required to hold a public

hearing on the application, and within ninety-five (95) days of issuance of the certificate of

completeness, or within such further time as is agreed to by the applicant and the local review

board, render a decision.

     (iv) Review of major projects. In the review of a comprehensive permit application

involving a major land development and/or major subdivision, the local review board shall hold a

public hearing on the master plan and shall, within one hundred and twenty (120) days of issuance

of the certification of completeness, or within such further amount of time as may be agreed to by

the local review board and the applicant, render a decision. Preliminary and final plan review shall

be conducted according to local regulations promulgated pursuant to chapter 23 of this title except

as otherwise specified in this section.

     (v) Required findings. In approving on an application, the local review board shall make

positive findings, supported by legally competent evidence on the record which that discloses the

nature and character of the observations upon which the fact finders acted, on each of the following

standard provisions, where applicable:

     (A) The proposed development is consistent with local needs as identified in the local

comprehensive community plan with particular emphasis on the community's affordable housing

plan and/or has satisfactorily addressed the issues where there may be inconsistencies.

     (B) The proposed development is in compliance with the standards and provisions of the

municipality's zoning ordinance and subdivision regulations, and/or where expressly varied or

waived local concerns that have been affected by the relief granted do not outweigh the state and

local need for low- and moderate-income housing.

     (C) All low- and moderate-income housing units proposed are integrated throughout the

development; are compatible in scale and architectural style to the market rate units within the

project; and will be built and occupied prior to, or simultaneous with the construction and

occupancy of any market rate units.

     (D) There will be no significant negative environmental impacts from the proposed

development as shown on the final plan, with all required conditions for approval.

     (E) There will be no significant negative impacts on the health and safety of current or

future residents of the community, in areas including, but not limited to, safe circulation of

pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability

of potable water, adequate surface water run-off, and the preservation of natural, historical, or

cultural features that contribute to the attractiveness of the community.

     (F) All proposed land developments and all subdivisions lots will have adequate and

permanent physical access to a public street in accordance with the requirements of § 45-23-60(5).

     (G) The proposed development will not result in the creation of individual lots with any

physical constraints to development that building on those lots according to pertinent regulations

and building standards would be impracticable, unless created only as permanent open space or

permanently reserved for a public purpose on the approved, recorded plans.

     (vi) The local review board has the same power to issue permits or approvals that any local

board or official who would otherwise act with respect to the application, including, but not limited

to, the power to attach to the permit or approval, conditions, and requirements with respect to

height, site plan, size, or shape, or building materials, as are consistent with the terms of this section.

     (vii) In reviewing the comprehensive permit request, the local review board may deny the

request for any of the following reasons: (A) if If the city or town has an approved affordable

housing plan and is meeting housing needs, and the proposal is inconsistent with the affordable

housing plan; (B) the The proposal is not consistent with local needs, including, but not limited to,

the needs identified in an approved comprehensive plan, and/or local zoning ordinances and

procedures promulgated in conformance with the comprehensive plan; (C) the The proposal is not

in conformance with the comprehensive plan; (D) the The community has met or has plans to meet

the goal of ten percent (10%) of the year-round units or, in the case of an urban town or city, fifteen

percent (15%) of the occupied rental housing units as defined in § 45-53-3(2)(i) 45-53-3(4)(i) being

low- and moderate-income housing; or (E) concerns Concerns for the environment and the health

and safety of current residents have not been adequately addressed.

     (viii) All local review board decisions on comprehensive permits shall be by majority vote

of the membership of the board and may be appealed by the applicant to the state housing appeals

board.

     (ix) If the public hearing is not convened or a decision is not rendered within the time

allowed in subsection subsections (a)(4)(iii) and (iv), the application is deemed to have been

allowed and the relevant approval shall issue immediately; provided, however, that this provision

shall not apply to any application remanded for hearing in any town where more than one

application has been remanded for hearing provided for in § 45-53-6(f)(2).

     (x) Any person aggrieved by the issuance of an approval may appeal to the superior court

within twenty (20) days of the issuance of approval.

     (xi) A comprehensive permit shall expire unless construction is started within twelve (12)

months and completed within sixty (60) months of final plan approval unless a longer and/or phased

period for development is agreed to by the local review board and the applicant. Low- and

moderate-income housing units shall be built and occupied prior to, or simultaneous with the

construction and occupancy of market rate units.

     (xii) A town with an approved affordable housing plan and that is meeting local housing

needs may by council action limit the annual total number of dwelling units in comprehensive

permit applications from for-profit developers to an aggregate of one percent (1%) of the total

number of year-round housing units in the town, as recognized in the affordable housing plan and

notwithstanding the timetables set forth elsewhere in this section, the local review board shall have

the authority to consider comprehensive permit applications from for-profit developers, which are

made pursuant to this paragraph, sequentially in the order in which they are submitted.

     (xiii) The local review board of a town with an approved affordable housing plan shall

report the status of implementation to the housing resources commission, including the disposition

of any applications made under the plan, as of June 30, 2006, by September 1, 2006, and for each

June 30 thereafter by September 1 through 2010. The housing resources commission shall prepare

by October 15 and adopt by December 31, a report on the status of implementation, which shall be

submitted to the governor, the speaker, the president of the senate, and the chairperson of the state

housing appeals board, and shall find which towns are not in compliance with implementation

requirements.

     (xiv) Notwithstanding the provisions of § 45-53-4 in effect on February 13, 2004, to

commence hearings within thirty (30) days of receiving an application remanded by the state

housing appeals board pursuant to § 45-53-6(f)(2) shall be heard as herein provided; in any town

with more than one remanded application, applications may be scheduled for hearing in the order

in which they were received, and may be taken up sequentially, with the thirty-(30) day (30)

requirement for the initiation of hearings, commencing upon the decision of the earlier filed

application.

     (b)(1) The general assembly finds and declares that in January 2004 towns throughout

Rhode Island have been confronted by an unprecedented volume and complexity of development

applications as a result of private for-profit developers using the provisions of this chapter and that

in order to protect the public health and welfare in communities and to provide sufficient time to

establish a reasonable and orderly process for the consideration of applications made under the

provisions of this chapter, and to have communities prepare plans to meet low- and moderate-

income housing goals, that it is necessary to impose a moratorium on the use of comprehensive

permit applications as herein provided by private for-profit developers; a moratorium is hereby

imposed on the use of the provisions of this chapter by private for-profit developers, which

moratorium shall be effective on passage and shall expire on January 31, 2005, and may be revisited

prior to expiration and extended to such other date as may be established by law. Notwithstanding

the provisions of subsection (a) of this section, private for-profit developers may not utilize the

procedure of this chapter until the expiration of the moratorium.

     (2) No for-profit developer shall submit a new application for comprehensive permits until

July 1, 2005, except by mutual agreement with the local review board.

     (3) Notwithstanding the provisions of subdivision (b)(2) of this section, a local review

board in a town which has submitted a plan in accordance with subsection (c) of this section, shall

not be required to accept an application for a new comprehensive permit from a for-profit developer

until October 1, 2005.

     (c) Towns and cities that are not in conformity with the provisions of § 45-53-3(2)(i) shall

prepare by December 31, 2004, a comprehensive plan housing element for low and moderate

income housing as specified by § 45-53-3(2)(ii), consistent with applicable law and regulation.

That the secretary of the planning board or commission of each city or town subject to the

requirements of this paragraph shall report in writing the status of the preparation of the housing

element for low- and moderate-income housing on or before June 30, 2004, and on or before

December 31, 2004, to the secretary of the state planning council, to the chair of the house

committee on corporations and to the chair of the senate committee on commerce, housing and

municipal government. The state housing appeals board shall use said plan elements in making

determinations provided for in § 45-53-6(b)(2) 45-53-6(c)(2).

     (d) If any provision of this section or the application thereof shall for any reason be judged

invalid, such the judgment shall not affect, impair, or invalidate the remainder of this section or of

any other provision of this chapter, but shall be confined in its effect to the provision or application

directly involved in the controversy giving rise to the judgment, and a moratorium on the

applications of for-profit developers pursuant to this chapter shall remain and continue to be in

effect for the period commencing on the day this section becomes law [February 13, 2004] and

continue until it shall expire on January 31, 2005, or until amended further.

     (e) In planning for, awarding, and otherwise administering programs and funds for housing

and for community development, state departments, agencies, boards and commissions, and public

corporations, as defined in chapter 18 of title 35, shall among the towns subject to the provision of

§ 45-53-3(ii), give priority to the maximum extent allowable by law, to towns with an approved

affordable housing plan. The director of administration shall adopt not later than January 31, 2005,

regulations to implement the provisions of this section.

     (f) Multi-family rental units built under a comprehensive permit may be calculated towards

meeting the requirements of a municipality’s low- or moderate-income housing inventory, as long

as the units meet and are in compliance with the provisions of § 45-53-3.1.

 

PL.411 and PL.412

(i) A letter of eligibility issued by the Rhode Island housing mortgage finance corporation,

or in the case of projects primarily funded by the U.S. Department of Housing and Urban

Development or other state or federal agencies, an award letter indicating the subsidy, or

application in such form as may be prescribed for a municipal government subsidy; and

     (ii) A written request to the local review board to submit a single application to build or

rehabilitate low- or moderate-income housing in lieu of separate applications to the applicable local

boards. The written request shall identify the specific sections and provisions of applicable local

ordinances and regulations from which the applicant is seeking relief; and

  (v) Identification of an approved entity that will monitor the long-term affordability of the

low- and moderate-income units; provided, that, on and after July 1, 2022, this entity shall include

the Rhode Island housing resources commission established pursuant to chapter 128 of title 42 and

acting through its monitoring agents, and these agents shall monitor the long-term affordability of

the low- and moderate-income units pursuant to § 45-53-3.1 45-53-3.2; and

Missing (f)

 

PL.413 and PL.414

  (v) Identification of an approved entity that will monitor the long-term affordability of the

low and moderate income units; provided, that, on or after July 1, 2022, this entity shall include the

Rhode Island housing resources commission established pursuant to chapter 128 of title 42 and

acting through its monitoring agents, and these agents shall monitor the long-term affordability of

the low and moderate income units; and

 (vii) In reviewing the comprehensive permit request, the local review board may deny the

request for any of the following reasons: (A) if If city or town has an approved affordable housing

plan and is meeting housing needs, and the proposal is inconsistent with the affordable housing

plan; provided that, the local review board also finds that the municipality has made significant

progress in implementing that housing plan; (B) the The proposal is not consistent with local needs,

including, but not limited to, the needs identified in an approved comprehensive plan, and/or local

zoning ordinances and procedures promulgated in conformance with the comprehensive plan; (C)

the The proposal is not in conformance with the comprehensive plan; (D) the The community has

met or has plans to meet the goal of ten percent (10%) of the year-round units or, in the case of an

urban town or city, fifteen percent (15%) of the occupied rental housing units as defined in § 45-

53-3(2)(i) being low- and moderate-income housing; provided that, the local review board also

finds that the community has achieved or has made significant progress towards meeting the goals

required by this section; or (E) concerns Concerns for the environment and the health and safety

of current residents have not been adequately addressed.

  (2) Certification of completeness. The application must be certified complete or incomplete

by the administrative officer according to the provisions of § 45-23-36; provided, however, that for

a major land development or major subdivision, the certificate for a master plan shall be granted

within thirty (30) twenty-five (25) days and for a preliminary plan shall be granted within forty-

five (45) twenty-five (25) days. The running of the time period set forth herein will be deemed

stopped upon the issuance of a certificate of incompleteness of the application by the administrative

officer and will recommence upon the resubmission of a corrected application by the applicant.

However, in no event will the administrative officer be required to certify a corrected submission

as complete or incomplete less than fourteen (14) ten (10) days after its resubmission. If the

administrative officer certifies the application as incomplete, the officer shall set forth in writing

with specificity the missing or incomplete items.

Missing (f)


 

 

1040)

Section

Amended Chapter Numbers:

 

45-53-5

208 and 209, 413 and 414

 

 

45-53-5. Appeals to state housing appeals board -- Judicial review.

     (a) Whenever an application filed under the provisions of § 45-53-4 is denied, or is granted

with conditions and requirements that make the building or operation of the housing infeasible, the

applicant has the right to appeal to the state housing appeals board established by § 45-53-7, for a

review of the application. The appeal shall be taken within twenty (20) days after the date of the

notice of the decision by the local review board by filing with the appeals board a statement of the

prior proceedings and the reasons upon which the appeal is based.

     (b) The appeals board shall immediately notify the local review board of the filing of the

petition for review and the latter shall, within ten (10) days of the receipt of the notice, transmit a

copy of its decision and the reasons for that decision to the appeals board.

     (c) The appeal shall be heard by the appeals board within twenty (20) days after the receipt

of the applicant's statement. Four (4) active members, which may include an alternate, are necessary

to conduct a hearing on an appeal. A stenographic record of the proceedings shall be kept and the

appeals board shall render a written decision and order, based upon a majority vote of members

present and voting, stating its findings of fact, and its conclusions and the reasons for those

conclusions, within thirty (30) days after the termination of the hearing, unless the time has been

extended by mutual agreement between the appeals board and the applicant. The decision and order

may be appealed in the superior court within twenty (20) days of the issuance of the decision. The

review shall be conducted by the superior court without a jury. The court shall consider the record

of the hearing before the state housing appeals board and, if it appears to the court that additional

evidence is necessary for the proper disposition of the matter, it may allow any party to the appeal

to present that evidence in open court, which evidence, along with the report, constitutes the record

upon which the determination of the court is made.

     (d) The court shall not substitute its judgment for that of the state housing appeals board as

to the weight of the evidence on questions of fact. The court may affirm the decision of the state

housing appeals board or remand the case for further proceedings, or may reverse or modify the

decision if substantial rights of the appellant have been prejudiced because of findings, inferences,

conclusions, or decisions which are:

     (1) In violation of constitutional, statutory, or ordinance provisions;

     (2) In excess of the authority granted to the state housing appeal appeals board by statute

or ordinance;

     (3) Made upon unlawful procedure;

     (4) Affected by other error of law;

     (5) Clearly erroneous in view of the reliable, probative, and substantial evidence of the

whole record; or

     (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted

exercise of discretion.

     (e) Any appeal from the superior court to the supreme court pursuant to this section shall

be by writ of certiorari.

 

PL.413 and PL.414

  (b) The appeals board shall immediately notify the local review board of the filing of the

petition for review. and the latter shall, within ten (10) days of the receipt of the notice, transmit a

copy of its decision and the reasons for that decision to the appeals board. Municipalities shall

submit the complete local review board record to the state housing appeals board within thirty (30)

days of receiving notification from SHAB that an appeal has been filed.

     (c) The appeal shall be heard by the appeals board within twenty (20) days after the receipt

of the applicant's statement. SHAB decisions shall be made within nine (9) months of the filing of

the appeal, which time period may only be extended for good cause by an affirmative vote of the

SHAB to so extend the time, if circumstances demand more time. Any extension beyond the nine-

(9) month (9) period shall be limited to the least extent reasonable and shall not cumulatively extend

the decision period by more than an additional two (2) months. A stenographic record of the

proceedings shall be kept and the appeals board shall render a written decision and order, based

upon a majority vote of the members present at the proceeding; provided that, there is at least a

minimum quorum of members of the appeals board present and voting at the proceeding, stating

its findings of fact, and its conclusions and the reasons for those conclusions, within thirty (30)

days after the termination of the hearing, unless the time has been extended by mutual agreement

between the appeals board and the applicant. The decision and order may be appealed in the

superior court within twenty (20) days of the issuance of the decision. The review shall be

conducted by the superior court without a jury. The court shall consider the record of the hearing

before the state housing appeals board and, if it appears to the court that additional evidence is

necessary for the proper disposition of the matter, it may allow any party to the appeal to present

that evidence in open court, which evidence, along with the report, constitutes the record upon

which the determination of the court is made.


 

 

 

 

 

 

1041)

Section

Amended Chapter Numbers:

 

45-53-6

413 and 414

 

 

45-53-6. Powers of state housing appeals board.

     (a) The state housing appeals board shall have the powers to: (i) adopt Adopt, amend, and

repeal rules and regulations that are consistent with this chapter and are necessary to implement the

requirements of §§ 45-53-5, 45-53-6, and 45-53-7; (ii) receive Receive and expend state

appropriations; and (iii) establish Establish a reasonable fee schedule, which may be waived, to

carry out its duties.

     (b) In hearing the appeal, the state housing appeals board shall determine whether: (i) in In

the case of the denial of an application, the decision of the local review board was consistent with

an approved affordable housing plan, or if the town does not have an approved affordable housing

plan, was reasonable and consistent with local needs; and (ii) in In the case of an approval of an

application with conditions and requirements imposed, whether those conditions and requirements

make the construction or operation of the housing infeasible and whether those conditions and

requirements are consistent with an approved affordable housing plan, or if the town does not have

an approved affordable housing plan, are consistent with local needs.

     (c) In making a determination, the standards for reviewing the appeal include, but are not

limited to:

     (1) The consistency of the decision to deny or condition the permit with the approved

affordable housing plan and/or approved comprehensive plan;

     (2) The extent to which the community meets or plans to meet housing needs, as defined

in an affordable housing plan, including, but not limited to, the ten percent (10%) goal for existing

low- and moderate-income housing units as a proportion of year-round housing;

     (3) The consideration of the health and safety of existing residents;

     (4) The consideration of environmental protection; and

     (5) The extent to which the community applies local zoning ordinances and review

procedures evenly on subsidized and unsubsidized housing applications alike.

     (d) If the appeals board finds, in the case of a denial, that the decision of the local review

board was not consistent with an approved affordable housing plan, or if the town does not have an

approved affordable housing plan, was not reasonable and consistent with local needs, it shall

vacate the decision and issue a decision and order approving the application, denying the

application, or approving with various conditions consistent with local needs. If the appeals board

finds, in the case of an approval with conditions and requirements imposed, that the decision of the

local review board makes the building or operation of the housing infeasible, and/or the conditions

and requirements are not consistent with an approved affordable housing plan, or if the town does

not have an approved affordable housing plan, are not consistent with local needs, it shall issue a

decision and order, modifying or removing any condition or requirement so as to make the proposal

no longer infeasible and/or consistent, and approving the application; provided, that the appeals

board shall not issue any decision and order that would permit the building or operation of the

housing in accordance with standards less safe than the applicable building and site plan

requirements of the federal Department of Housing and Urban Development or the Rhode Island

housing and mortgage finance corporation, whichever agency is financially assisting the housing.

Decisions or conditions and requirements imposed by a local review board that are consistent with

approved affordable housing plans and/or with local needs shall not be vacated, modified, or

removed by the appeals board notwithstanding that the decision or conditions and requirements

have the effect of denying or making the applicant's proposal infeasible.

     (e) The appeals board or the applicant has the power to enforce the orders of the appeals

board by an action brought in the superior court. The local review board shall carry out the decision

and order of the appeals board within thirty (30) days of its entry and, upon failure to do so, the

decision and order of the appeals board is, for all purposes, deemed to be the action of the local

review board, unless the applicant consents to a different decision or order by the local review

board. The decision and order of the appeals board is binding on the city or town, which shall

immediately issue any and all necessary permits and approvals to allow the construction and

operation of the housing as approved by the appeals board.

     (f) The state housing appeals board shall:

     (1) Upon an appeal of the applicant prior to August 1, 2004, rule on December 1, 2004, on

the substantial completeness of applications as of February 13, 2004, that were affected by the

moratorium established by § 45-53-4(b).

     (i) The determination of substantial completeness shall be based on whether there was on

or before February 13, 2004, substantial completeness of substantially all of the following:

     (A) A written request to the zoning board of review to submit a single application to build

or rehabilitate low- or moderate-income housing in lieu of separate applications to the application

local boards;

     (B) A written list of variances, special use permits and waivers requested to local

requirements and regulations, including local codes, ordinances, by-laws bylaws or regulations,

including any requested waivers from the land development or subdivisions regulations, and a

proposed timetable for completion of the project;

     (C) Evidence of site control;

     (D) Evidence of eligibility for a state or federal government subsidy, including a letter from

the funding agency indicating the applicant and the project;

     (E) Site development plans showing the locations and outlines of proposed buildings; the

proposed location, general dimensions, and materials for street, drives, parking areas, walks, and

paved areas; proposed landscaping improvements and open areas within the site; and the proposed

location and types of sewage, drainage, and water facilities;

     (F) A report on existing site conditions and a summary of conditions in the surrounding

areas, showing the location and nature of existing buildings, existing street elevations, traffic

patterns and character of open areas, including wetlands and flood plains, in the neighborhood;

     (G) A tabulation of proposed buildings by type, size (number of bedrooms, floor area) and

ground coverage and a summary showing the percentage of the tract to be occupied by buildings,

by parking and other paved vehicular areas and by open spaces;

     (H) A master plan, if the development proposal is for a major or minor land development

plan or a major or minor subdivision;

     (I) a sample land lease or deed restrictions with affordability liens that will restrict use as

low and moderate income housing units for a period of not less than thirty (30) years; and

     (J) The list of all persons entitled to notice in accordance with § 45-24-53.

     (ii) Notwithstanding the provisions of paragraph (i) of this subdivision subsection (f)(1)(i)

of this ssection, if the zoning board of review determined the application to be substantially

complete and/or acted in a manner demonstrating that it considered the application substantially

complete for the purposes of reviewing the application, the state housing appeals board shall

consider the application substantially complete.

     (2) Remand for hearing in accordance with the provisions of § 45-53-4 applications which

that are determined to be substantially complete, which hearings may be conducted (or resume)

under the provisions in effect on February 13, 2004, unless the applicant and the board shall

mutually agree that the hearing shall proceed under the provisions in effect on December 1, 2004,

which hearings may commence on or after January 1, 2005, but shall commence not later than

January 31, 2005, on applications in the order in which they were received by the town, unless a

different commencement date is mutually agreed to by the applicant and the local board hearing

the applications; the local review board shall not be obligated to hear, and may deny, any

application affected by the moratorium unless it was determined to be substantially complete in

accordance with the provisions of subdivision (1) of this subsection subsection (f)(1) of this

section, and the local review board may require such additional submissions as may be specified

by the town or necessary for the review of the application.

     (3) Hear and decide appeals, other than those covered by subdivision (1) of this subsection

subsection (f)(1) of this section, for which it took jurisdiction on or before May 1, 2004.

     (4) Continue to hear and decide appeals filed by nonprofit organizations.

     (5) Conduct such other business as may be reasonable and appropriate in order to facilitate

an orderly transfer of activities to the state housing appeals board as it shall be constituted after

January 1, 2005.


 

 

1042)

Section

Amended Chapter Numbers:

 

45-53-7

413 and 416, 415 and 416

 

 

45-53-7. Housing appeals board.

     (a)(1) There shall be within the state a housing appeals board consisting of nine (9) voting

members and three (3) alternates as follows: one voting member who shall be from the Center for

Justice Rhode Island; one voting member who shall be from Direct Action for Rights and Equality

(DARE); and seven (7) voting members to be appointed by the governor, who shall include four

(4) local officials, who shall not be from the same city or town; two (2) of whom shall be from a

city or town with a population of less than twenty-five thousand (25,000); and two (2) of whom

shall be from a city or town with a population of twenty-five thousand (25,000) or greater, and shall

include one local zoning board member, one local planning board member, one city council

member and one town council member, one of the local official members shall be designated by

the governor as the alternative local official member who shall be a voting member of the board

only in the event that one or more of the other three (3) local officials is unable to serve at a hearing;

one affordable housing developer; one affordable housing advocate; one representative of the

business community; and one attorney knowledgeable in land use regulation, who should be

chairperson of the board. There shall be two (2) additional alternates appointed by the governor

chosen from candidates submitted by realtors or developers doing business in the state and the

alternates shall rotate service as a voting member at the discretion of the chairperson.

     (2) Those members of the board as of July 2, 2004, who were appointed to the board by

members of the general assembly shall cease to be members of the board on July 2, 2004, and the

governor shall thereupon nominate four (4) new members each of whom shall serve for the balance

of the current term of his or her predecessor.

     (3) All other members of the commission as of July 2, 2004, shall continue to serve for the

duration of their current terms.

     (4) All gubernatorial appointments made under this section after July 2, 2004, shall be

subject to the advice and consent of the senate.

     (b)(1) All appointments are for two-(2) year (2) terms; except as otherwise provided in

subsection (a)(2) of this section, the terms of members appointed after December 31, 2004, shall

be for three (3) years. Each member who is duly appointed or continued in office after January 1,

2005, shall hold office for the term for which the member is appointed and until the member's

successor shall have been appointed and qualified, or until the member's earlier death, resignation,

or removal. A member shall receive no compensation for his or her services, but shall be reimbursed

by the state for all reasonable expenses actually and necessarily incurred in the performance of his

or her official duties. The board shall hear all petitions for review filed under § 45-53-5, and shall

conduct all hearings in accordance with the rules and regulations established by the chair. Rhode

Island housing shall provide space, and clerical and other assistance, as the board may require.

     (2) Provided, effective January 1, 2023, the Rhode Island housing resources commission

(the “commission”) established pursuant to chapter 128 of title 42 shall provide all space, and

clerical and other assistance, as the board may require. All duties and responsibilities of Rhode

Island housing resources commission as to providing space, clerical and other assistance to the

board pursuant to subsection (b)(1) of this section shall be transferred to the commission effective

January 1, 2023.

 

PL.415 and PL.416

Missing (2)


 

 

 

1043)

Section

Added Chapter Numbers:

 

45-53-10

384 and 385

 

 

45-53-10. Repurposing of vacant schools for affordable housing program.

     (a) There is hereby established the repurposing of school buildings for an affordable

housing program (the “program”). The program shall be administered by the secretary of housing

as set forth herein.

     (b) The purpose of the program shall be to provide guidance and assistance in the

repurposing of vacant and unused school buildings as identified and existing as of July 1 of each

year, commencing October 1, 2022.

     (c) The department of elementary and secondary education (the “department”) shall,

commencing on October 1, 2022, on an annual basis, provide to the speaker of the house, the

president of the senate, and the secretary of housing, a list of all school buildings which that have

been abandoned or are no longer being used by a school district.

     (d)(1) In the case of a municipality which that has less than ten percent (10%) low- or

moderate-income housing as defined in § 45-53-3, the municipality shall provide the department

with a complete list of buildings abandoned or no longer being used by the school district for the

purposes of conducting a feasibility assessment to repurpose the building as affordable housing. In

the case of a municipality which that has greater than ten percent (10%) low- and moderate-income

housing as defined in § 45-53-3, the municipality may offer to the department a list of buildings

abandoned or no longer being utilized by the school district by an affirmative vote of a majority of

both the governing body of the school board and the municipality, and have voted to be willing to

offer the former school building for a feasibility assessment for use by the program. In the case of

buildings being abandoned or no longer used by a charter school which that owns the school

building in question, an affirmative vote of the governing body of the charter school and/or mayoral

academy shall be required. The department shall also include and identify in the list those school

buildings which that the department anticipates will become abandoned or no longer used by a

school district within the next six (6) months following the issuance of the list.

     (2) The secretary of housing shall conduct an assessment, in conjunction with a task force

comprised of the Rhode Island housing and mortgage and finance corporation, the department of

environmental management, the department of health, a fire marshal, the local building inspector,

and the local planning office, into its feasibility to be repurposed as affordable housing, and the

anticipated costs of renovating the building for that intended purpose. This assessment shall be

completed within one hundred and fifty (150) days after being notified by the task force of the

availability of a vacant building available pursuant to this section.

     (3) Once a building is determined by the task force to be appropriate for repurposing as

affordable housing, the office of housing and community development shall actively identify and

invite prospective developers to submit an application to the program, with the goal of repurposing

the building into affordable housing.

     (e) The office of housing and community development shall maintain on its website a

separate page related to the repurposing of buildings for the affordable housing program. This

website shall contain a listing of all buildings for which a feasibility assessment was conducted and

the outcome of the assessment, including a general statement of the condition of the property, an

estimate of the types of renovations, if any, which that must be performed to the property, a copy

of the feasibility assessment, and an estimate of the costs thereof. Provided, it shall be made clear

on the website that these are estimates to repurpose used buildings, and that neither the state, the

corporation, the division, the commission, or any instrumentality of the state or of a municipality

or school district shall be liable for any estimates which that are incorrect.

     (f) The office of housing and community development shall seek to assist and facilitate

persons and developers who or that want to repurpose former buildings as affordable housing. This

assistance may include, but need not be limited to, technical and financial assistance, all to assist

in the repurposing of the school building.

     (g) The Rhode Island department of education shall promulgate rules and regulations for

the implementation and enforcement of this section.

     (h) The secretary of housing shall provide an annual report on or before December 31,

commencing with calendar year 2023, including, but not limited to, the number of schools that are

vacant and include a status report of any development and/or feasibility to repurpose a vacant

building.

     (i) As used herein, the term "affordable housing" means housing which that meets the

definition for low- or moderate-income housing in § 45-53-3.


 

 

 

1044)

Section

Added Chapter Numbers:

 

45-53-11

407 and 408

 

 

45-53-11. Annual comprehensive permit report.

     (a) The division of statewide planning (the "division") established pursuant to chapter 11

of title 42 shall maintain records and shall prepare a report ("report") on an annual basis to be

submitted to the speaker of the house, the president of the senate, the housing resources

commission, and the secretary of housing. The report shall also be made available on the division's

website for a period of at least three (3) years, and shall also be deemed to be a public record. The

report shall be due on or before March 15, of each year, commencing in calendar year 2023.

     (b) The report required by this section shall contain the following for the preceding twelve-

(12) month (12) calendar period covered by the report:

     (1) The number of letters of eligibility issued for low- and moderate-income housing for

applications made pursuant to this chapter 53 of this title 45 and § 42-55-5.3, the federal, state, and

municipal subsidy programs under which they were eligible, and the number of proposed

subsidized units involved, by city and town, during the preceding calendar year, as provided by the

Rhode Island housing corporation.

     (2) The status of each comprehensive permit application for which a letter of eligibility

was issued disaggregated by municipality.

     (3) The number of comprehensive permit applications which that have had building

permits issued, including the number of market rate housing units, the number of low- and

moderate-income housing units, and the AMI restrictions associated both pursuant to § 45-53-4,

aggregated by the total number of such applications in the state and disaggregated by each

municipality in the state.

     (4) The number of comprehensive permit applications which that have had certificates of

occupancy issued, aggregated by the total number of such applications in the state and

disaggregated by each municipality in the state.

     (c) Each municipality shall annually provide to the division the information on

comprehensive permit activity described in subsection (b) of this section by February 1.

 


 

 

1045)

Section

Amended Chapter Numbers:

 

45-53-12

409 and 410

 

 

45-53-12. Annual report.

     (a) The Rhode Island housing corporation established pursuant to chapter 55 of title 42 (the

"corporation") shall collect data on the number of Section 8 Housing Choice Vouchers, as

authorized by 42 U.S.C. § 1437(f) ("vouchers"), which that are received and utilized by the public

housing authorities (PHA) and agencies.

     (b) The office of housing and community development (OHCD) shall prepare a report

("report") on an annual basis to the general assembly, the housing resources commission, the Rhode

Island housing corporation, the division of statewide planning, and the secretary of housing. The

report required by this section shall be made available on the OHCD website for a period of at least

three (3) years, and shall be deemed to be a public record. The report shall be due on or before

March 1 of each year, commencing in the calendar year 2023.

     (c) The annual report required by this section shall contain the following information for

the twelve-(12) month (12) calendar period covered by the report commencing January 1, 2022,

through December 31, 2022, and annually thereafter on an aggregated and disaggregated basis by

each public housing authority:

     (1) The total fees collected by each municipality from developers in lieu of development

of low- and moderate-income housing as defined in § 45-24-46.1.

     (2) The number of unfunded vouchers which that result either due to cost of rent or due to

an unavailability of housing units. The information required by this subsection shall be provided

by all public housing authorities or agencies directly to the office of housing and community

development (OHCD);.

     (3) The total number of vouchers received and utilized by all public housing authorities in

the state during the preceding calendar year.

     (4) The administrative fees received and utilized by the public housing authorities to

administer the vouchers.

     (d) As used herein, the term "public housing authority and agency" means and includes any

public housing authority or agency established under chapter 25 of this title 45 or chapter 26 of

this title 45.


 

 

1046)

Section

Added Chapter Numbers:

 

45-53-13

415 and 416

 

 

45-53-13. Annual status report on appeals.

     (a) The Rhode Island housing resources commission established pursuant to chapter 128

of title 42 (the "commission") shall maintain accurate records and shall prepare, an annual status

report (“status report”) on all active cases and appeals pending before the state housing appeals

board (the “board”). The status report shall be forwarded to the secretary of housing, the speaker

of the house, and the president of the senate. Each report shall also be made available on the

commission's website for a period of at least three (3) years, and shall also be deemed to be a public

record. The report shall be due on or before March 15 of each year, commencing in the calendar

year 2023.

     (b) The report required by this section shall contain the following information for the

twelve-(12) month (12) calendar period covered by the report:

     (1) The total number of appeals pending before the board;

     (2) The number of appeals for which a decision has been rendered, have been settled by

agreement, or have otherwise been disposed of during the previous calendar year;

     (3) The number of board decisions which were appealed in the previous calendar year and

the status of those cases; and

     (4) The length of time for the board to decide appeals in the previous calendar year

aggregated by:

     (i) Appeals decided by the board within six (6) months;

     (ii) Appeals decided by the board within six (6) to nine (9) months; and

     (iii) Appeals decided by the board in more than nine (9) months.


 

 

 

1047)

Section

Added Chapter Numbers:

 

45-53-14

417 and 419

 

 

45-53-14. Database of low-income rental units.

     (a) The Rhode Island housing and mortgage finance corporation established pursuant to §

42-55-4 (the "corporation") shall, maintain an online database ("database") of low-income housing

tax credit developments which that are designated only for households at or below sixty percent

(60%) of area median income, adjusted for household size and subsidized housing developments,

as referenced in the corporation's Rhode Island resource guide, which are designated only for

households at or below eighty percent (80%) of area median income, adjusted for household size

(collectively "low-income rental units") in the state on the corporation's website. The corporation

shall place an emphasis on the database containing the following:

     (1) Current, updated information on the existing inventory of low-income rental units in

the state;

     (2) The contact person or entity and contact information pertaining to individual

developments;

     (3) To the extent the information is available, a copy of the application to apply for housing

in individual developments; and

     (4) Information pertaining to any special populations, including, but not limited to, elderly,

disabled, homeless individuals, and victims of domestic violence, served by individual

developments.

     (b) This database shall be accessible to the public by July 1, 2023.


 

 

 

1048)

Section

Added Chapter Numbers:

 

45-53-15

417 and 421

 

 

45-53-15. Annual reports.

     (a) The Rhode Island housing corporation established pursuant to § 42-55-4 (the

"corporation") shall provide the annual reports pursuant to subsections (b) and (c) of this section to

the speaker of the house, the president of the senate, the housing resources commission, the division

of statewide planning, and the secretary of housing. Reports shall be made available on the

corporation's website for a period of at least three (3) years, and shall be deemed to be a public

record. Reports shall be due on or before March 15, of each year, commencing in the calendar year

2023.

     (b) Report on Rhode Island housing corporation housing development and preservation

activity. This report shall include the following information:

     (1) The identity of projects that have been provided funding by the corporation for housing

development or preservation and which that closed on that financing by December 31, of the

previous calendar year;

     (2) The total aggregate of funds, in dollar amounts, which that have been provided to

projects by the corporation for housing development or preservation and which that closed on that

financing by December 31, of the previous calendar year, as well as those amounts disaggregated

by each project; and

     (3) The number of housing units that received funding from the corporation for housing

development or preservation which that received a certificate of occupancy in the previous

calendar year, both in total and disaggregated by project.

     (c) Report on tax payments made by affordable housing developments to municipalities

pursuant to § 44-5-13.11. This report shall include data aggregated by all the municipalities and

disaggregated by each individual municipality on the total amount of fees collected in the previous

calendar year by municipalities on any assessment and taxation made pursuant to § 44-5-13.11.

     (d) With regard to the report in subsection (c) of this section, all municipalities in the state

shall annually submit to the corporation by January 15, of each year, the total amount of fees

collected in the previous calendar year by the municipality on any assessment and taxation made

pursuant to § 44-5-13.11 disaggregated by individual development.


 

 

1049)

Section

Added Chapter Numbers:

 

45-59.1

282 and 283

 

 

CHAPTER 59.1

TOURISM IMPROVEMENT DISTRICTS


 

 

1050)

Section

Added Chapter Numbers:

 

45-59.1-1

282 and 283

 

 

45-59.1-1. Short Title.

     This act shall be known and may be cited as the "Tourism Improvement Districts Act."

 


 

 

1051)

Section

Added Chapter Numbers:

 

45-59.1-2

282 and 283

 

 

45-59.1-2. Legislative findings and purpose.

     (a) It is found and declared that:

     (1) Tourism is a major source of employment, income, and tax revenues in this state, and

the expansion of the tourism industry is vital to the growth of the state's economy.

     (2) The tourism industry is important to this state, not only because of the number of people

it serves and the vast human, financial, and physical resources it employs, but because of the

benefits tourism and related activities confer on individuals and on society as a whole.

     (3) Local government oversight and resources are needed to implement a coordinated and

effective marketing program consistent with the needs of specific areas of this state, and to optimize

the considerable investment of time, energy, capital, and resources being made by the tourism

industry.

     (b) It is the purpose of this chapter to authorize municipalities to create tourism

improvement districts for the purpose of providing the services and undertaking the activities

described in this chapter to supplement, not supplant, existing funding provided by the state and

municipalities implementing a tourism investment district.

 


 

 

 

1052)

Section

Added Chapter Numbers:

 

45-59.1-3

282 and 283

 

 

45-59.1-3. Definitions.

     As used in this chapter:

     (1) "Activity" means any programs or services provided for the purpose of conferring

specific benefits upon the businesses that are located in the tourism improvement district and to

which an assessment is charged.

     (2) "Assessment" means a levy for the purpose of providing activities and improvements

that will provide benefits to businesses located within a tourism improvement district that are

subject to the tourism improvement district assessment. Assessments may be based on a percent of

gross business revenue, a fixed dollar amount per transaction, or any other reasonable method based

upon benefit, and approved by the municipality.

     (3) "Authorizing resolution" means a resolution adopted by the municipality that authorizes

the formation or renewal of a tourism improvement district and the levying of assessments.

     (4) "Business" means any business establishment of the type or class that is described in

the tourism improvement district plan and the authorizing resolution.

     (5) "Business owner" means any person recognized by the municipality as the owner of the

business. The municipality has no obligation to obtain other information as to the ownership of

businesses, and its determination of ownership shall be final and conclusive for the purposes of this

chapter. Wherever this chapter requires the signature of the business owner, the signature of the

authorized representative of the business owner shall be sufficient.

     (6) "Improvement" means an acquisition, construction, installation, or maintenance

relating to tangible property, with an estimated useful life of five (5) years or more that is designed

to provide benefits to assessed businesses.

     (7) "Lead municipality" means the municipality in which the tourism improvement district

plan is filed for the establishment of a tourism improvement district where such district includes

more than one municipality.

     (8) "Municipality" means any city or town in the State state of Rhode Island.

     (9) "Owners' association" means a new or existing nonprofit corporation charged with

promoting tourism within the area of the tourism improvement district that is under contract with

the municipality to administer the tourism improvement district and implement activities and

improvements specified in the tourism improvement district plan.

     (10) "Tourism improvement district" means a tourism improvement district established

pursuant to this chapter.

     (11) "Tourism improvement district plan" means a plan as prescribed in § 45-59.1-5.

 


 

 

 

1053)

Section

Added Chapter Numbers:

 

45-59.1-4

282 and 283

 

 

45-59.1-4. Boundaries of a tourism improvement district -- Requirement of consent.

     (a) Municipalities may create tourism improvement districts pursuant to this chapter.

     (b) A municipality may form a tourism improvement district that assesses any business

located within the boundaries as determined by the municipality. Should any lead municipality

choose to include other municipalities within the boundaries of a tourism improvement district,

each participating municipality must provide written consent from the governing body of each

participating municipality. In the event there are multiple consenting municipalities, upon

successful receipt of consent from all participating municipalities, the lead municipality shall

govern and administer the tourism improvement district.

     (c) The boundaries of any proposed tourism improvement district may overlap with the

boundaries of another tax, assessment, or special tax assessment area or management district

created pursuant to Rhode Island law.


 

 

1054)

Section

Added Chapter Numbers:

 

45-59.1-5

282 and 283

 

 

45-59.1-5. Contents of tourism improvement district plan.

     A tourism improvement district plan shall include, but not be not limited to, all of the

following:

     (1) A map that identifies the tourism improvement district boundaries in sufficient detail

to allow a business owner to reasonably determine whether a business is located within the tourism

improvement district boundaries. The boundaries of a tourism improvement district may overlap

with other tourism improvement districts established pursuant to this chapter.

     (2) The name of the proposed tourism improvement district.

     (3) The name of the owners' association.

     (i) Where a newly formed nonprofit corporation is designated as the owners' association,

the certificate of incorporation or bylaws shall provide that the owners' association's governing

board shall be composed of a majority of business owners, or their authorized representatives, who

pay the tourism improvement district assessment.

     (ii) Where an existing nonprofit corporation is designated as the owners' association, the

nonprofit shall create a committee composed of a majority of businesses owners, or their authorized

representatives, who shall be charged with managing the funds raised by the tourism improvement

district and fulfilling the obligations of the tourism improvement district plan.

     (iii) The owners' association shall have full discretion to select the specific activities and

improvements within the authorized parameters of the tourism improvement district plan that shall

be funded with tourism improvement district assessment revenue.

     (4) The activities and improvements proposed for each year of operation of the tourism

improvement district and the estimated cost thereof. If the activities and improvements proposed

for each year of operation are the same, a description of the first year's proposed activities and

improvements and a statement that the same activities and improvements are proposed for

subsequent years shall satisfy the requirements of this subsection.

     (5) The estimated annual amount proposed to be expended for activities and improvements

during each year of operation of the tourism improvement district. This amount may be estimated

based upon the assessment rate. If the estimated annual amount proposed to be expended in each

year of operation of the tourism improvement district is not significantly different, the amount

proposed to be expended in the initial year and a statement that a similar amount applies to

subsequent years shall satisfy the requirements of this subsection.

     (6) The proposed source or sources of financing, including the proposed method and basis

of levying the assessment in sufficient detail to allow each business owner to calculate the amount

of the assessment to be levied against their business. The tourism improvement district plan may

set forth increases in assessments for any year of operation of the tourism improvement district.

Any business of the type or class of businesses that are subject to the assessment that commences

operations during the tourism improvement district's term shall be subject to the assessment.

     (7) The time and manner of collecting the assessments and any interest or penalties for

non-payment nonpayment.

     (8) The specific number of years in which assessments will be levied. In a new tourism

improvement district, the maximum number of years shall be ten (10). Upon renewal, a district

shall have a term not to exceed twenty (20) years. The tourism improvement district plan may set

forth specific increases in assessments for each year of operation of the district;.

     (9) Any proposed rules to be applicable to the tourism improvement district.

     (10) A definition describing the types or classes of businesses to be included in the tourism

improvement district and subject to the tourism improvement district assessment.

 


 

 

1055)

Section

Added Chapter Numbers:

 

45-59.1-6

282 and 283

 

 

45-59.1-6. Initiation of proceedings -- Petition for a proposed tourism improvement

district.

     (a) Upon submission to the clerk of a municipality of a written petition, the municipality

may initiate proceedings to form a tourism improvement district by adopting a resolution

expressing its intention to form a tourism improvement district. The written petition may be signed

by either:

     (1) Business owners or their authorized representatives who will pay sixty percent (60%)

or more of the assessments proposed to be levied; or

     (2) Business owners or their authorized representatives who constitute sixty percent (60%)

or more of the total rooms within the tourism improvement district.

     (b) The petition of business owners required under subsection (a) of this section shall

include a summary of the tourism improvement district plan. That summary shall include all of the

following:

     (1) A map showing the boundaries of the tourism improvement district.

     (2) The types or classes of businesses that will be subject to the assessment.

     (3) The assessment rate for the types or classes of business that will be subject to the

assessment.

     (4) Information specifying where the complete tourism improvement district plan can be

obtained.

     (5) Information specifying that the complete tourism improvement district plan shall be

furnished upon request.

 


 

 

1056)

Section

Added Chapter Numbers:

 

45-59.1-7

282 and 283

 

 

45-59.1-7. Hearing on establishment or renewal.

     (a) If the municipality has received a successful petition pursuant to § 45-59.1-6, the

municipality shall hold a public hearing on the establishment or renewal of the tourism

improvement district prior to adoption of the authorizing resolution. Notice of the public hearing

shall be mailed to the owners of the businesses proposed to be subject to the assessment.

     (b) The municipality shall provide at least thirty (30) days' written notice of the public

hearing at which the municipality proposes to establish or renew the tourism improvement district

and levy the assessment.

     (c) A protest may be made by any business owner that will be subject to the proposed

assessment. Every protest shall be in writing and shall be filed with the municipality at or before

the time fixed for the public hearing. The municipality may waive any irregularity in the form or

content of any written protest. A written protest may be withdrawn in writing at any time before

the conclusion of the public hearing. Each written protest shall contain a description of the business

in which the person subscribing the protest is interested that shall be sufficient to identify the

business and, if a person subscribing is not shown on the official records of the municipality as the

owner of the business, the protest shall contain or be accompanied by written evidence that the

person subscribing is the owner of the business or the authorized representative. A written protest

that does not comply with this section shall not be counted in determining a majority protest. If

written protests are received from sixty percent (60%) or more of business owners or their

authorized representatives, as determined via the same majority calculation method chosen in § 45-

59.1-6, and protests are not withdrawn so as to reduce the protests to less than sixty percent (60%),

the municipality shall not levy the assessment.

     (d) If a tourism improvement district includes multiple municipalities or portions thereof,

the notice and hearing process set forth in this section shall be conducted by the lead municipality.


 

 

 

1057)

Section

Added Chapter Numbers:

 

45-59.1-8

282 and 283

 

 

45-59.1-8. Changes to proposed assessment.

     At the conclusion of the public hearing to establish or renew a tourism improvement

district, the municipality may adopt, revise, change, reduce, or modify the proposed assessments,

the boundaries of the tourism improvement district, or the types or classes of businesses within the

tourism improvement district that would be subject to the assessment. Proposed assessments may

only be revised by reducing them, either independently or together in a uniform manner. The

proposed tourism improvement district boundary may only be revised to exclude territory that will

not benefit from the proposed activities and improvements. The types or classes of businesses that

will be subject to the proposed assessment may only be revised to exclude the business types or

classes that will not benefit from the proposed activities and improvements. Any modifications,

revisions, reductions, or changes to the proposed tourism improvement district plan shall be

reflected in the tourism improvement district plan prior to the municipality's adoption of the

resolution creating or renewing the tourism improvement district.


 

 

1058)

Section

Added Chapter Numbers:

 

45-59.1-9

282 and 283

 

 

45-59.1-9. Authorizing resolution.

     (a) If the municipality, following the public hearing, decides to establish or renew a

proposed tourism improvement district, the municipality shall adopt an authorizing resolution that

shall include, but is not limited to, all of the following:

     (1) A brief description of the proposed activities and improvements, the amount of the

proposed assessment, a statement as to the types or classes of businesses that will be subject to the

assessment, and a description of the exterior boundaries of the tourism improvement district, which

may be made by reference to any plan or map that is on file with the municipality. The descriptions

and statements need not be detailed and shall be sufficient if they enable an owner to generally

identify the nature and extent of the activities and improvements and the location and extent of the

tourism improvement district.

     (2) The time and place where the public hearing was held concerning the establishment or

renewal of the tourism improvement district.

     (3) A determination regarding any protests received. The municipality shall not establish

or renew the tourism improvement district or levy assessments if a majority protest was received

as described in § 45-59.1-7(c).

     (4) A statement that the businesses in the tourism improvement district established by the

resolution shall be subject to any amendments to this chapter.

     (5) A statement that the activities and improvements to be conferred on businesses in the

tourism improvement district will be funded by the proceeds of assessments. The revenue from the

assessments within a tourism improvement district shall not be used for any purpose other than the

purposes specified in the tourism improvement district plan, as authorized or modified by the

municipality at the hearing concerning establishment or renewal of the tourism improvement

district.

     (6) A finding that the businesses within the tourism improvement district will benefit from

the activities and improvements funded by the tourism improvement district assessments.

     (b) The adoption of the authorizing resolution shall constitute the levy of assessments in

each of the years referred to in the tourism improvement district plan.


 

 

 

 

1059)

Section

Added Chapter Numbers:

 

45-59.1-10

282 and 283

 

 

45-59.1-10. Expiration of tourism improvement district term.

     If a tourism improvement district expires due to the term specified in § 45-59.1-5(a)(8), a

new tourism improvement district plan may be created and the tourism improvement district may

be renewed pursuant to this chapter.


 

 

1060)

Section

Added Chapter Numbers:

 

45-59.1-11

282 and 283

 

 

45-59.1-11. Time and manner of collection of assessments -- Delinquent payments.

     (a) The collection of the assessments levied pursuant to this chapter shall be made at the

time and in the manner set forth by the municipality in the authorizing resolution. All delinquent

payments for assessments levied pursuant to this chapter may be charged interest and penalties.

     (b) Any delinquent payments for assessments, along with any interest or penalties, shall

constitute a debt owed the municipality and may be collectable by the municipality as a debt under

law.

     (c) Any delinquent payments for assessments, interest, or penalties recovered under this

section shall be expended in the same manner as provided in the authorizing resolution for proceeds

of the assessment.


 

 

1061)

Section

Added Chapter Numbers:

 

45-59.1-12

282 and 283

 

 

45-59.1-12. Validity of assessment.

     The validity of an assessment levied under this chapter shall not be contested in any action

or proceeding unless the action or proceeding is commenced within thirty (30) days after the

authorizing resolution is adopted pursuant to § 45-59.1-9. Any appeal from a final judgment in an

action or proceeding shall be perfected within thirty (30) days after the entry of judgment.


 

 

1062)

Section

Added Chapter Numbers:

 

45-59.1-13

282 and 283

 

 

45-59.1-13. Certification to establish levels of services and funding.

     The tourism improvement district is intended to provide supplemental funding and services

and not to supplant existing funding or services. After establishing a tourism improvement district,

the municipality shall not decrease the level of publicly funded tourism promotion services in a

tourism improvement district existing prior to the creation of such tourism improvement district.


 

 

1063)

Section

Added Chapter Numbers:

 

45-59.1-14

282 and 283

 

 

45-59.1-14. Modification to the tourism improvement district plan.

     (a) The owners' association, at any time, may request that the municipality modify the

tourism improvement district plan. Any modification of the tourism improvement district plan shall

be made pursuant to this chapter. The tourism improvement district plan shall not be modified,

except by the request of the owners' association and only in the manner requested by the owners'

association.

     (b) Upon the written request of the owners' association, the municipality may modify the

tourism improvement district plan by adopting a resolution determining to make the modifications

after conducting one public hearing on the proposed modifications. If the modification includes the

levy of a new or increased assessment or the expansion of the tourism improvement district's

geographic boundaries, the municipality shall comply with all procedures required for

establishment of a new tourism improvement district provided by this chapter. Notice of all other

public hearings pursuant to this section shall comply with both of the following:

     (1) The resolution of intention to modify shall be published once at least seven (7) days

before the public hearing in a newspaper of general circulation in the municipality.

     (2) A complete copy of the resolution of intention to modify shall be mailed by first class

mail, at least ten (10) days before the public hearing, to each business owner affected by the

proposed modification.

     (c) The municipality shall adopt a resolution of intention to modify which states the

proposed modification prior to the public hearing required by this section. The public hearing shall

be held not more than ninety (90) days after the adoption of the resolution of intention to modify.


 

 

1064)

Section

Added Chapter Numbers:

 

45-59.1-15

282 and 283

 

 

45-59.1-15. Reports.

     (a) The owners' association shall cause to be prepared a report for each fiscal year, except

the first year, for which assessments are to be levied and collected to pay the costs of the activities

described in the report. The owners' association's first report shall be due ninety (90) days after the

first year of operation of the tourism improvement district.

     (b) The report shall be filed with the municipality and shall refer to the tourism

improvement district by name, specify the fiscal year to which the report applies, and, with respect

to that fiscal year, shall contain all of the following information:

     (1) The activities and improvements to be provided for that fiscal year.

     (2) An estimate of the cost of providing the activities and improvements for that fiscal year.

     (3) The method and basis of levying the assessments in sufficient detail to allow each

business owner to estimate the amount of the assessment to be levied against his or her business

for that fiscal year.

     (4) The estimated amount of any surplus or deficit revenues to be carried over from a

previous fiscal year.

     (c) The municipality may approve the report as filed by the owners' association or may

make recommendations for approval to the annual report within forty-five (45) days of receiving

the annual report. The annual report shall be final and approved within ninety (90) days following

its submission by the owners' association to the municipality.


 

 

1065)

Section

Added Chapter Numbers:

 

45-59.1-16

282 and 283

 

 

45-59.1-16. Renewal of tourism improvement district.

     (a) Any tourism improvement district previously established whose term has expired, or

will expire, may be renewed by following the procedures for establishment as provided in this

chapter.

     (b) Upon renewal, any remaining revenues derived from assessments, or any revenues

derived from the sale of assets acquired with the revenues, shall be transferred to the renewed

tourism improvement district.

     (c) There is no requirement that the boundaries, assessments, activities, or improvements

of a renewed tourism improvement district be the same as the original or prior tourism improvement

district.


 

 

1066

Section

Added Chapter Numbers:

 

45-59.1-17

282 and 283

 

 

45-59.1-17. Dissolution of district.

     (a) A tourism improvement district established or extended pursuant to this chapter may be

dissolved by adoption of a resolution by the municipality pursuant to this section when there is no

indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the tourism

improvement district, and when either of the following circumstances apply:

     (1) The municipality finds there has been misappropriation of funds or other malfeasance.

     (2) The municipality finds there has been a violation of law in connection with the

management of the tourism improvement district.

     (b) During each year of operation of the tourism improvement district, there shall be a thirty

(30) day period in which businesses subject to the assessment may request dissolution of the

tourism improvement district. The first period shall begin two (2) years after the date of

establishment of the tourism improvement district and shall continue for thirty (30) days. Each

successive year of operation of the tourism improvement district shall have such a thirty (30) day

period. Upon the written petition of sixty percent (60%) or more of business owners or their

authorized representatives, as determined via the same majority calculation method chosen in § 45-

59.1-6, the municipality shall pass a resolution of intention to disestablish the tourism improvement

district. The municipality shall give public notice of any hearing on disestablishment.

     (c) The municipality shall adopt a resolution of intention to disestablish the tourism

improvement district prior to the public hearing required by this section. The resolution shall state

the reason for the potential dissolution, shall state the time and place of the public hearing, and

shall contain a proposal to dispose of any assets acquired with the revenues of the assessments

levied within the tourism improvement district. The notice of the hearing on dissolution required

by this section shall be given by mail to the owner of each business subject to assessments in the

tourism improvement district. The municipality shall conduct the public hearing not less than thirty

(30) days after mailing the notice to the business owners. The public hearing shall be held not more

than sixty (60) days after the adoption of the resolution of intention. At the conclusion of the public

hearing, the municipality shall adopt a resolution dissolving the tourism improvement district.

     (d) After holding a noticed hearing, the municipality shall notify the owners' association to

remedy the findings of the municipality within thirty (30) days. Such public hearing shall be held

and notice given to the benefited businesses and the owners' association not less than thirty (30)

days prior to the hearing. If the owners' association does not remedy the violations within thirty

(30) days of notification, or the municipality has not approved a plan to remedy the violation, at

the conclusion of a hearing conducted under this section, the municipality may vote to terminate

the tourism improvement district.


 

1067

Section

Added Chapter Numbers:

 

45-59.1-18

282 and 283

 

 

45-59.1-18. Remaining revenues.

     Upon the dissolution or expiration without renewal of a tourism improvement district, any

remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or

derived from the sale of assets acquired with the revenues, shall be spent in accordance with the

tourism improvement district plan or shall be refunded to the owners of the businesses then located

and operating within the tourism improvement district in which assessments were levied by

applying the same method and basis that was used to calculate the assessments levied in the fiscal

year in which the tourism improvement district is disestablished or expires.


 

 

1068)

Section

Amended Chapter Numbers:

 

45-67-7

266 and 308

 

 

45-67-7. Compensation of the board -- Employees of the utility district.

     (a) Members of the board of utility commissioners shall not be entitled to receive

compensation for attendance at scheduled and special meetings of the board of utility

commissioners, but shall be entitled to reimbursement of the actual and necessary expenses

incurred in the performance of their duties. The salaries, compensation, and expenses of employees

and agents of the utility district shall be paid solely out of funds of the utility district. No part of

the earnings of the utility district shall inure to the benefit of any private person.

     (b) The board may enter into employment contracts with its executive employees. The

board shall have the authority to approve employee benefit plans, including fringe benefits such as,

but not limited to, pension, health, disability, and other insurances.

     (c) No member of the board of utility commissioners shall directly or indirectly engage or

participate in the proceeds of any contract or agreement to supply anything of value or receive

anything of value from the utility district. The prohibition set forth in this subsection may be waived

by a vote of four (4) of the board of utility commissioners if, and only if, the board of utility

commissioners shall have first obtained an opinion of the attorney general and/or the Rhode Island

ethics commission based on full disclosure of all relevant facts that the waiver does not contravene

state law and is otherwise in the best interests of the consumers served by the utility district.


 

 

1069)

Section

Added Chapter Numbers:

 

45-70

142 and 143

 

 

CHAPTER 70

CONTINUING EDUCATION FOR LOCAL PLANNING AND ZONING BOARDS AND

HISTORIC DISTRICT COMMISSIONS


 

 

1070)

Section

Added Chapter Numbers:

 

45-70-1

142 and 143

 

 

45-70-1. Purpose.

     The purpose of this chapter is to establish requirements and standards for initial, biennial,

and continuing education programs for members and alternate members of local planning boards

or commissions or any combined boards or commissions or zoning boards or any historic district

commission performing land planning or zoning functions as authorized pursuant to the general

laws


 

 

1071)

Section

Added Chapter Numbers:

 

45-70-2

142 and 143

 

 

45-70-2. Applicability.

     This chapter shall apply to the following:

     (1) All members, including alternate members, of any local planning board or commission

authorized pursuant to chapter 22 of this title 45.

     (2) All members, including alternate members, of any zoning board or commission

authorized pursuant to chapter 24 of this title 45.

     (3) All members, including alternate members, of any combined board or commission

authorized pursuant to the general laws to have a role in local land use and planning.

     (4) All members, including alternate members, of any historic district commission

authorized pursuant to chapter 24.1 of this title 45.


 

 

1072)

Section

Added Chapter Numbers:

 

45-70-3

142 and 143

 

 

45-70-3. Land use law and planning -- Required education for local planning and

zoning board members and historic district commission members.

     (a) Every current member or alternate member of a local planning and zoning board or

commission or combined board or commission or historic district commission performing land

planning or zoning functions shall be required to have satisfactorily completed an education

program in land use law and planning to be prepared by the director of the department of

administration.

     (b) The education program pursuant to this chapter shall be prepared and offered within

twelve (12) months of the enactment of this chapter and shall include an introductory program

offered for new or prospective board members and continuing education courses offered for

existing board members. Furthermore, the education program shall be sufficient in design and

duration to adequately and reasonably address the topic areas related to land use and planning,

including all topics determined relevant by the director, and shall consist of no less than three (3)

hours of scheduled instruction for the introductory course or courses and no less than one hour of

scheduled instruction for any subsequent annual continuing education requirements. Reasonable

efforts shall be made by the director to have said the course of study structured in such a manner

that a member may satisfy these requirements through a variety of instructional means including,

but not limited to,: traditional style classroom and seminar training, distance learning, webinars,

on-site presentations, and by other means as deemed appropriate by the director. Education program

topics to be considered may include, but not be limited to, the following:

     (1) History and purposes of planning and zoning;

     (2) State laws and local ordinances, rules and regulations applicable to the work of planning

and zoning members, including a full review of chapter 53 of this title 45 ("Rhode Island Low and

Moderate Income Housing Act");

     (3) Overview of the functions of the boards, statutory requirements, and the main tools of

planning, zoning, and subdivision review;

     (4) Role of others in the planning and zoning process (citizens, applicants, planning and

zoning staff, and elected officials);

     (5) Understanding and interpreting local comprehensive plans in helping to make land use

decisions;

     (6) Understanding basic property rights;

     (7) Legal context for the decision-making process and making legal, defensible decisions;

     (8) Basics of "findings of fact", making the record, and the legal context for planning;

     (9) Public hearings, voting requirements and other key procedural requirements;

     (10) How to review site plans and subdivisions;

     (11) Types of conditions boards may impose when approving special permit(s) or variance

application(s);

     (12) Open meetings/ethics requirements/avoiding ethical dilemmas; and

     (13) Proper ways to manage public meetings including quorums, recusals, and rules of

order.

     (c) Every current member or alternate member of a local planning board pursuant to chapter

22 of this title 45 shall, in addition to any other education requirement promulgated pursuant to this

chapter, complete two (2) hours of training and education concerning the effects of development in

a flood plain and the effects of sea-level rise once every two (2) years. Each member shall complete

two (2) hours of training in order to be certified for the two (2) years required by this chapter.

     (d) Except as otherwise provided in this chapter, any person who is serving as a member

or alternate member of a planning, zoning, or combined board or commission or historic district

commission performing land use and planning pursuant to general laws, shall be required to

complete the introductory education program within twenty-four (24) months of the effective date

of this chapter, or within (24) months of appointment, whichever is later, and shall also complete

the required annual continuing education requirements as may be required. No decision of a

planning board, zoning board, or historic district commission shall be voided or declared invalid

because of failure of a member to comply with these training requirements.

     (e) Upon completion of the training required pursuant to this chapter, the local planning

and zoning board or commission or combined board or commission or historic district commission

member shall file with the municipal clerk a statement asserting the training course has been

completed.


 

 

1073)

Section

Added Chapter Numbers:

 

45-70-4

142 and 143

 

 

45-70-4. Exemptions.

     The following persons shall be exempt from the educational requirements established

pursuant to this chapter:

     (1) The chief municipal officer of the city or town or person designated to serve on a

planning board in an ex officio and non-voting capacity.

     (2) Any person who offers satisfactory proof of having completed a course of study in land

use law and planning within one year prior to the effective date of this chapter, that, in the

determination of the director of the department of administration (the "director") in consultation

with the division of statewide planning, is equivalent to or more extensive than the course offered

pursuant to the requirements of this chapter, will be exempt from the initial three (3) hours of

training; however, remain subject to annual continuing education requirements. An

appointee/reappointee must file with the city or town clerk a statement explaining why he or she is

exempt from the initial introductory training following the effective date of this chapter.

     (3) Any person who demonstrates that he or she is certified by the American Institute of

Certified Planners (AICP) or has a master's or doctorate degree in planning from an accredited

college or university will be exempt from the initial three (3) hours of training; however, remain

subject to annual continuing education requirements. An appointee/reappointee must file with the

city or town clerk a statement explaining why he or she is exempt from the initial introductory

training following the effective date of this chapter.


 

 

1074)

Section

Added Chapter Numbers:

 

45-70-5

142 and 143

 

 

45-70-5. Advisory committee.

     The state planning council shall appoint an advisory committee to assist in the development

of the education program that shall include, but not be limited to, representatives from the American

Planning Association (R.I. Chapter), American Council of Engineering Companies - Rhode Island,

Grow Smart Rhode Island, Rhode Island League of Cities and Towns, Rhode Island Builders

Association, University of Rhode Island Coastal Resource Center coastal resource center, and the

Office office of Housing housing and Community Development community development. The

division of statewide planning shall provide administrative support to and facilitate meetings of the

advisory committee to meet at a minimum of once a year to evaluate and make improvements to

the training program.


 

 

1075)

Section

Added Chapter Numbers:

 

45-70-6

142 and 143

 

 

45-70-6. Rules and regulations.

     The state planning council is hereby authorized and empowered to promulgate rules and

regulations necessary to carry out the provisions of this chapter no later than December 31, 2022.

The department of administration, division of statewide planning, shall submit to the governor, the

speaker of the house of representatives, and the senate president, a report detailing the program

development and completion levels of training by board members of each community no later than

April 30, 2027.


 

 

1076)

Section

Amended Chapter Numbers:

 

46-15-2

65 and 66

 

 

46-15-2. Approval of public water supply facilities.

     (a) No municipal water department or agency, public water system, including special water

districts or private water company companies, engaged in the distribution of water for potable

purposes shall have any power:

     (1) To acquire or take a water supply or an additional water supply from an existing

approved source;

     (2) To take or condemn lands for any new or additional sources of water supply or for the

utilization of supplies;

     (3) To extend its supply or distribution mains into a municipality or special water district

wherein it has not heretofore legally supplied water;

     (4) To construct any extension of its transmission mains;

     (5) To extend the boundaries of a special water district; or

     (6) To supply water in or for use in any other municipality or civil division of the state

which owns and operates a water supply system therein, or in any duly organized special water

district supplied with water by another municipal water department or agency, special water district,

or private water company, until the municipal water department or agency, special water district,

or private water company has first submitted the maps and plans therefor to the director of the

department of health, the state planning council and the board, as hereinafter provided, and until

the water resources board, after receiving the recommendations of the director of the department

of health and the division of statewide planning, shall have approved the recommendations or

approved the recommendation with modifications as it may determine to be necessary; provided,

however, this subsection shall not apply to any area presently served by any municipal water

department or agency, or special water district.

     (b) Approval shall not be necessary of any plan or work for the extension of supply or

distributing mains or pipes of a municipal water supply plant or special district or private water

company into and for the purpose of supplying water in any territory within the limits of the

municipality or special district or within the franchise area of the private water company, owning

the plant, including territory within the municipal special district or franchise limits which has not

been heretofore supplied with the water by the plant, nor for the reconstruction or replacement of

existing facilities in connection with an existing plant, wherein the capacity of the plant is in no

way increased, nor for the construction of filtration or other treatment facilities which will not in

any way increase the amount of water which can be made available from the present sources of

supply. Notwithstanding any provision of this section to the contrary, a municipal water

department, agency, or public water system governed under this section shall review applications

for plans or work for the extension of supply or distribution mains or pipes in accordance with the

following standards:

     (1) Such The application must not be prohibited by the specific language of the latest water

supply system management plan ("WSSMP") of the public water supply system;

     (2) Such The applications application must comply with the design and construction

standards and specifications established by the public water supply system for the sizing and

location for the infrastructure;

     (3) Such The extensions shall not reduce the necessary level of fire protection for the

community;

     (4) All water main and service connection materials, construction, and inspection required

hereunder shall be at the sole cost and expense of the applicant;

     (5) The public water supply system shall be granted an easement in a form acceptable to

them which shall permit the maintenance, repair, or replacement of water lines and all other related

activities;

     (6) For applications for single-family residential lots, the applicant must show that:

     (i) The existing or proposed well for the property does not meet the well industry standard

as described in the department of environmental management regulations for “yield per depth of

well chart” which is required by the department of health for a dwelling unit; and

     (ii) Due to the unique characteristics of the property that the drilling of a new well is not

feasible;

     (7) For applications located within a public water supply system with limited capacity,

applicants for commercial uses/properties shall be governed by the rules established for such

connections by the public water supply system, which shall be in accordance with the system’s

approved WSSMP.

     A public water supply system governed under this section may provide for lower standards

for approval for residential property if such standards meet the requirements of the agency’s state-

approved WSSMP, and such WSSMP is not expired.

     (c) The water resources board shall enforce the provisions of this section, and the superior

court by injunction may, upon application of the water resources board, prevent any action to be

taken by any municipal water agency or department, special district, or private water company

without the approval of the water resources board as required by this section.


 

 

1077)

Section

Added Chapter Numbers:

 

46-15-2.1

65 and 66

 

 

46-15-2.1. Appeals.

     An applicant may appeal a denial by a public water supply facility made under § 46-15-

2(b) which shall be reviewable by the state agency or commission having jurisdiction over the

public water supply facility and thereafter by the superior court pursuant to the standards and

timeframes set forth in § 42-35-15 ("administrative procedures").


 

 

1078)

Section

Amended Chapter Numbers:

 

46-19-9

360 and 361

 

 

46-19-9. Emergency action plans.

     (a) By July 1, 2008, an emergency action plan shall be prepared for each significant or

high-hazard dam by the city or town wherein the dam lies. The Rhode Island emergency

management agency, as established in chapter 15 of title 30, shall develop guidelines for the

preparation of emergency action plans. The department of environmental management and the

Rhode Island League of Cities and Towns shall cooperate with the Rhode Island emergency

management agency in developing the guidelines. All emergency action plans prepared pursuant

to this section shall not be considered final or complete until approved by the emergency

management agency, with the cooperation of the department of environmental management.

     (b) The owner of any other dam, regardless of the assigned hazard classification, may also

be required to prepare an emergency action plan if deemed necessary by the department of

environmental management.

     (c) Emergency action plans shall be updated on an annual basis and shall be filed with the

Rhode Island emergency management agency, the department of environmental management, the

chief of the local police department, and the local city or town emergency management official.

     (d) Once an emergency action plan is complete, the city or town wherein the dam lies shall

provide written notice to the dam owner of the costs for actions taken by the city or town in the

development of the emergency action plan. Said costs of developing the emergency action plan

shall be remitted to the city or town within ninety (90) days of the receipt of such the notice. In the

event that the costs are not remitted within the ninety-(90) day (90) period, the municipality shall

have a valid legal claim against the dam owner, in the amount of such costs, plus any costs

associated with the pursuit of the claim.

     (e) Each state agency shall, in cooperation with the municipality in which the dam lies, be

responsible for the preparation of an emergency action plan for each high- and significant-hazard

dam owned by said that agency by the deadline specified in subsection (a).

     (f) The department of environmental management may assess an administrative penalty for

failure to comply with subsections (a), (b), (c), and (e) of this section, in accordance with chapter

17.6 of title 42.

     (g) The department of environmental management and the Rhode Island emergency

management agency shall establish a notification system for dams in the event of severe weather

conditions to coordinate the actions at the federal, state, and local levels. The notification system

shall include a dam advisory, a dam watch, and a dam warning.


 

 

1079)

Section

Added Chapter Numbers:

 

46-19.1

170 and 171

 

 

CHAPTER 19.1

DAM PERMITS


 

 

1080)

Section

Added Chapter Numbers:

 

46-19.1-1

170 and 171

 

 

46-19.1-1. Permits required for certain dams.

     Any person who owns or operates a dam that has the capacity to store greater than one

thousand four hundred (1,400) normal storage acre feet of water shall apply to the director of the

department of environmental management for a permit to raise or lower the water level behind the

dam. The owner or operator shall apply for a permit, and until such time as a permit is issued by

the director, the owner or operator shall operate the dam in a manner that is consistent with historic

use as determined by the director. The director may enforce this section in accordance with chapters

17.1 and 17.6 of title 42. This section shall not apply to dams that impound water for a public water

supply system as defined in § 46-13-2. The department may promulgate rules and regulations to

implement the provisions of this chapter.


 

 

 

1081)

Section

Added Chapter Numbers:

 

46-32

144 and 169

 

 

CHAPTER 32

PFAS IN DRINKING WATER, GROUNDWATER, AND SURFACE WATERS


 

 

 

1082)

Section

Added Chapter Numbers:

 

46-32-1

144 and 169

 

 

46-32-1. Short title.

     This chapter shall be known and may be cited as the "PFAS in Drinking Water,

Groundwater, and Surface Waters Act."


 

 

 

1083)

Section

Added Chapter Numbers:

 

46-32-2

144 and 169

 

 

46-32-2. Interim drinking water standard and testing requirements.

     (a) As used in this chapter, "PFAS contaminants" means perfluorooctanoic acid (PFOA),

perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic

acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA).

     (b) On or before July 1, 2023, all public water supply systems in the state as defined by §

46-13-2, except transient, non-community water systems as defined by the department of health in

216-RICR-50-05-1 as may be amended, shall conduct monitoring for the presence of PFAS

contaminants in drinking water supplied by the system. Regular monitoring shall be conducted as

follows until adoption of maximum contaminant level rules pursuant to § 46-32-4:

     (1) If monitoring results detect the presence of any PFAS contaminants individually or in

combination in excess of the interim drinking water standard level of twenty parts per trillion (20

ppt), the public water supply system shall conduct continued quarterly monitoring.

     (2) If monitoring results detect the presence of any PFAS contaminants individually or in

combination at a level equal to or below the interim drinking water standard level of twenty parts

per trillion (20 ppt), the public water supply system shall conduct continued monitoring annually.

     (3) If monitoring results do not detect the presence of any PFAS contaminants, the public

water supply system shall conduct continued monitoring every two (2) years.

     (c) If monitoring results under subsection (b) of this section confirm the presence of any

PFAS contaminants individually or in combination in excess of the interim drinking water standard

level of twenty parts per trillion (20 ppt), the department of health shall require monitoring in a

manner consistent with applicable regulations governing synthetic organic contaminants, including

but not limited to, requiring a confirmation sample, prior to directing the public water supply system

to implement treatment or other remedy to reduce the levels of PFAS contaminants in the drinking

water of the public water supply system below the interim drinking water standard level.

     (d) On or before July 1, 2023, if the PFAS contaminants exceed the level of twenty parts

per trillion (20 ppt), the public water supply system shall provide potable water through other means

to all customers or users of the system. The requirement for a public water supply system to provide

potable water to customers and users of the systems system through other means shall cease when

monitoring results indicate that the levels of PFAS contaminants in the drinking water of the public

water supply system are below the interim drinking water standard level of twenty parts per trillion

(20 ppt).

     (e) The director of the department of health is authorized to enforce the requirements of

this chapter in accordance with the provisions of chapter 13 of this title 46 and violations will be

subject to the penalties imposed pursuant to § 46-13-16. A person may contest or appeal a decision

of the director, a penalty imposed for violation, or the fact of violation pursuant to the provisions


 

 

 

1084)

Section

Added Chapter Numbers:

 

46-32-3

144 and 169

 

 

46-32-3. Drinking water standards for PFAS contaminants.

     If the director of the department of health decides to publish a notice pursuant to the

provisions of § 46-32-4(b)(1) then on or before June 1, 2024, the director of the department of

health shall, pursuant to this section, file under § 42-35-4 a final rule with the secretary of state

regarding adoption of the interim drinking water standard level of twenty parts per trillion (20 ppt)

for perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane

sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and

perfluorodecanoic acid (PFDA) as a maximum contaminant level (MCL). Upon the effective date

of the final rule, the drinking water monitoring provisions of § 46-32-2 may be suspended,

modified, or superseded by the provisions of the final rules.


 

 

 

1085)

Section

Added Chapter Numbers:

 

46-32-4

144 and 169

 

 

46-32-4. Standard for per- and polyfluoroalkyl substances as a class or subclass.

     (a) If the director of the department of health decides to publish a notice pursuant to the

provisions of subsection (b)(1) of this section then on or before February 1, 2024, the director of

the department of health shall initiate a public notice and comment process by publishing a copy

of the final rules and an advance notice of proposed rulemaking pursuant to § 42-35-2.5 regarding

the regulation under the rules and regulations pertaining to public drinking water of per- and

polyfluoroalkyl substances (PFAS) as a class or subclasses.

     (b) On or before September 1, 2024, the director of the department of health shall either:

     (1) Publish a notice of proposed rulemaking regarding the regulation of PFAS compounds

under the rules and regulations pertaining to public drinking water as a class or subclasses; or

     (2) Publish a notice of decision not to regulate PFAS compounds as a class or subclasses

under the rules and regulations pertaining to public drinking water that includes, at a minimum, an

identification or of all legal, technical, or other impediments to regulating PFAS compounds as a

class or subclasses and a detailed response to all public comments received.

     (c) If the director of the department of health proposes a rule pursuant to subsection (b) of

this section, the director of the department of health shall file under § 42-35-4 a final rule with the

secretary of state regarding the regulation of PFAS compounds as a class or subclasses under the

rules and regulations pertaining to public drinking water on or before June 30, 2025.


 

 

 

1086)

Section

Added Chapter Numbers:

 

46-32-5

144 and 169

 

 

46-32-5. Groundwater quality standards for per- and polyfluoroalkyl substances.

     (a) On or before December 31, 2023, the director or the department of environmental

management shall file under § 42-35-4 a final rule with the secretary of state to adopt groundwater

quality standards for, at a minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid

(PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA),

perfluoroheptanoic acid (PFHxA PFHpA), and perfluorodecanoic acid (PFDA) consistent with

authority provided by this chapter 32 of title 46.


 

 

1087)

Section

Added Chapter Numbers:

 

46-32-6

144 and 169

 

 

46-32-6. Surface water quality action levels for per- and polyfluoroalkyl substances.

     On or before December 31, 2023, the director of the department of environmental

management shall file under § 42-35-4 a final rule with the secretary of state to adopt surface water

quality action levels to address the contamination of Rhode Island waters from releases of, at a

minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane

sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and

perfluorodecanoic acid (PFDA).


 

 

 

1088)

Section

Added Chapter Numbers:

 

46-32-7

144 and 169

 

 

46-32-7. Investigation of potential sources of per- and polyfluoroalkyl substances

contamination.

     (a) On or before November 1, 2023, the director of the department of environmental

management shall publish a plan for public review and comment to complete a statewide

investigation of potential sources of per- and polyfluoroalkyl substances (PFAS) contamination.

As part of this investigation, the director of the department of health shall conduct a pilot project at

public water systems by an applicable analytical method to evaluate total PFAS. The director of

the department of environmental management shall initiate implementation of the plan not later

than January 1, 2024.

     (b) On or before June 1, 2024, all public water systems shall conduct monitoring for the

maximum number of PFAS detectable from standard laboratory methods.


 

 

 

1089)

Section

Added Chapter Numbers:

 

46-32-8

144 and 169

 

 

46-32-8. Landfill monitoring.

     On or before December 31, 2022, the director of the department of environmental

management shall file under § 42-35-4 a final rule with the secretary of state to adopt standards and

procedures for groundwater and leachate monitoring at and around landfills including, at a

minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane

sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and

perfluorodecanoic acid (PFDA).