2024 Annual Report

 

 

 

1)

Section

Amended By Chapter Numbers:

 

1-2-1

74 and 110

 

 

1-2-1.  Powers of the president and CEO of the Rhode Island airport corporation.

     (a) The director president and CEO has supervision over the state airport at Warwick and

any other airports constructed or operated by the state. The director president and CEO shall enforce

the provisions of this chapter. Furthermore, the director president and CEO is authorized to

promulgate rules and regulations for the safe and efficient operation of airports, airport facilities,

and grounds.

     (b) As used in this chapter:

     (1) “Airport corporation” means the Rhode Island airport corporation.

     (2) “Director” "President and CEO" means the executive director president and CEO of the

Rhode Island airport corporation.

 

2)

Section

Amended By Chapter Numbers:

 

1-2-2

74 and 110

 

 

1-2-2. Conferring with persons versed in aviation — Cooperation with federal

agencies — Employment of assistants.

     The director president and CEO is authorized to confer with persons versed in aviation; to

cooperate with the various United States government agencies interested in aviation; and to employ

and discharge, at his or her pleasure, engineers, architects, and other assistants as he or she may

deem advisable and fix their compensation within the amounts appropriated for their compensation,

subject, however, to the approval of the director of administration.

 

3)

Section

Amended By Chapter Numbers:

 

1-2-3

74 and 110

 

 

 

 

1-2-3. Acquisition of land.

     (a) The department of transportation may, with the approval of the governor, and subject

to the provisions of chapter 6 of title 37, acquire, by purchase or condemnation, any land or any

estate or interest in land, including airspace within this state that it may deem necessary for a

suitable airport or landing field, or to preserve, maintain, or restore an approach, but in no event

shall the department obligate the state in excess of the sums appropriated for that purpose. No land

or estate in this state owned and used by any railroad company shall be taken by condemnation

under this chapter until after a hearing before the public utilities administrator of this state and until

the consent of the public utilities administrator to the taking is given.

     (b) No airport, landing field, or any runway or approach zone shall be enlarged or extended

in any city or town unless the assistant director president and CEO for airports, or his or her

successor or other person or officer exercising his or her functions, filed in the office of the city or

town clerk of the city or town in which the expansion is proposed a plan drawn to scale showing

the existing airport and runways, which must have been included in the federal aviation

administration approved master plan documents; the planned extensions or lengthening of the

existing runways; any and all public highways crossed by the extensions; and lots and parcels of

land within a one-mile distance of the proposed extensions; together with a delineation of any

approach zone required by the extension and an identification of every parcel of land that requires

a taking in order to accomplish the extension together with a brief statement describing the work

to be undertaken in extending the runway. The plan and statement shall be filed at least twelve (12)

months before any physical construction work begins on any extension of runway or airport

expansion.

     (c) The assistant director president and CEO for airports shall also, at the time plans are

filed with the clerk, file a notice in a newspaper having general circulation in the city and town

setting forth that the plan has been filed in the office of the city or town clerk and giving notice to

the residents of the city or town of the proposed runway extension or airport expansion.

     (d) The plan and statement shall be open to public inspection in the office of the city or

town. A public hearing shall be held in the city or town at least six (6) months prior to any

construction on the proposed runway or airport expansion by the assistant director president and

CEO at the time and place in the city or town set forth in the notice referred to in subsection (c).

     (e) The governor has the authority in any emergency declared by him or her to authorize

the enlargement or extension of any runway notwithstanding any other provision of this chapter.

 

4)

Section

Amended By Chapter Numbers:

 

1-2-15

74 and 110

 

 

1-2-15. Leasing for purposes of national defense.

     The airport corporation may lease to the United States government or agencies of the

United States government, when the lease concerns matters of national defense or aviation safety

or convenience, any portion of any airport or landing field or any of the buildings or structures on

the airport or landing field for a period or periods not to exceed fifty (50) years; the lease to be

executed by the director president and CEO containing any reasonable conditions, rules,

restrictions, and regulations as the assistant director president and CEO for airports deems suitable

or necessary and be approved as to substance by the director of administration and as to form by

the attorney general.

 

5)

Section

Amended By Chapter Numbers:

 

1-2-16

74 and 110

 

 

1-2-16. Noise and emissions directives.

     The director president and CEO is directed to issue operating procedures and directives

requiring that aircraft utilizing Rhode Island T.F. Green International Airport, to the greatest extent

possible, commensurate with passenger safety and federal law and regulation, minimize the use of

reverse engine thrust employed to slow an aircraft as it lands.

 

6)

Section

Amended By Chapter Numbers:

 

1-4-2

74 and 110

 

 

1-4-2. Definitions.

     When used in this chapter:

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

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

or other air navigation facilities.

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

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

navigation but used primarily as safety equipment.

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

instructor or in any air school or flying club.

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

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

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

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

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

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

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

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

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

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

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

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

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

     (8) “Chief aeronautics inspector” or “aeronautics inspector” means an employee of the

Rhode Island airport corporation, as defined in the Rhode Island airport corporation personnel job

description manual, who is charged by the director to enforce the provisions of this chapter.

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

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

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

is registered as a dealer with the federal government.

     (11) “Director” means the executive director of the Rhode Island airport corporation.

“Deputy director” means the deputy director of the Rhode Island airport corporation.

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

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

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

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

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

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

president and CEO.

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

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

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

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

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

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

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

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

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

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

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

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

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

Island airport corporation.

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

 

 

 

 

 

 

 

7)

Section

Amended By Chapter Numbers:

 

1-4-3.1

74 and 110

 

 

1-4-3.1. Notification and reporting of aircraft accidents.

     The operator of an aircraft involved in an accident or incident as defined in 49 CFR 830

shall immediately notify the chief aeronautics inspector Rhode Island airport corporation operations

department. This notification shall be in addition to any duty to notify and provide a report to the

National Transportation Safety Board under 49 CFR 830. Furthermore, the operator shall file with

the chief aeronautics inspector Rhode Island airport corporation operations department a copy of

any report filed with the National Transportation Safety Board, which shall be a public record.

 

8)

Section

Amended By Chapter Numbers:

 

1-4-4

74 and 110

 

 

1-4-4. Federal registration required.

     No flight of civil aircraft, other than a foreign aircraft, is made or authorized to be made

within this state unless the aircraft is possessed of valid aircraft registration and airworthiness or

experimental certificates issued by the government of the United States, nor in violation of any

term, specification, or limitation of those certificates. These restrictions do not apply to model

aircraft operated in accordance with any regulations that the director president and CEO may

prescribe, or to a nonpassenger-carrying flight solely for inspection or test purposes authorized by

the director president and CEO or by the proper federal authority made without that certificate.

 

9)

Section

Amended By Chapter Numbers:

 

1-4-6

74 and 110

 

 

1-4-6. State registration of federal certificates.

     (a) All owners and operators, or owners or operators, of all aircraft, and dealers in aircraft,

based or primarily used in the state of Rhode Island shall register the federal certificates of their

aircraft and dealer registration as the director president and CEO may by regulation prescribe. An

aircraft shall be deemed to be based or primarily used in the state when in the normal course of its

use, according to airport records, it leaves from and returns to or remains at one or more points

within the state more often or longer than at any other single location outside of the state.

Nonresidents may operate noncommercially within this state as an owner and operator, or owner

or operator, or as a dealer, without that registration for not more than ninety (90) days in any

calendar year. To operate commercially intrastate, nonresidents shall register.

     (b) Subject to the limitations of subsections (d) and (f), every person who operates an

aircraft shall register the federal aircraft certificate of that aircraft with the chief aeronautics

inspector Rhode Island airport corporation during each period in which the aircraft is operated

within this state in accordance with subsection (a). The annual fee for each registration, and for

each registration renewal, is as follows: Aircraft weighing less than two thousand (2,000) pounds,

thirty dollars ($30.00); two thousand and one (2,001) to three thousand (3,000) pounds, sixty dollars

($60.00); three thousand and one (3,001) to four thousand five hundred (4,500) pounds, one

hundred ten dollars ($110); four thousand five hundred and one (4,501) to twelve thousand five

hundred (12,500) pounds, one hundred sixty dollars ($160); over twelve thousand five hundred

pounds (12,500), two hundred fifty dollars ($250). For the purpose of the annual fee, the weight

considered will be the gross weight as published by the manufacturer. Every person who is a dealer

in aircraft shall register his or her federal dealer’s aircraft registration certificate with the chief

aeronautics inspector Rhode Island airport corporation. The annual fee for registration of each

federal dealer’s aircraft registration certificate is fifty dollars ($50.00) and for each aircraft in the

possession operated solely for the purpose of sale or demonstration is twenty-five dollars ($25.00).

Any person who engages in a business, a substantial portion of which consists of the manufacturing,

selling, or exchanging of aircraft, and who does not have a federal dealer’s certificate shall register

all aircraft owned by the person and operated within the state with the chief aeronautics inspector

Rhode Island airport corporation and pay the annual fee for that aircraft provided for in this

subsection and is not eligible to pay the limited fee of twenty-five dollars ($25.00) for all aircraft

operated solely for the purpose of sale or demonstration.

     (c) All fees are in lieu of all personal property taxes on aircraft authorized by any law or

ordinance. Registration certificates issued after expiration of the first six (6) months of the annual

registration period, as prescribed by the director president and CEO, are issued at the rate of fifty

percent (50%) of the annual fee.

     (d) All fees are paid to the tax administrator of this state and delivery of the person’s receipt

to the chief aeronautics inspector Rhode Island airport corporation is a prerequisite to registration

under this section.

     (e) Possession of the appropriate effective federal certificate, permit, rating or license

relating to ownership and airworthiness of the aircraft, and the payment of the appropriate fee as

set forth in this section are the only requisites for registration of an aircraft, or a dealer in aircraft.

     (f) Aircraft registration fees shall be reimbursed to persons who surrender their certificates

before the date of expiration in accordance with the following schedule:

     (1) Before the first six (6) months of the period, fifty percent (50%) of the fee;

     (2) Before the first nine (9) months of the period, twenty-five percent (25%).

     (g) The provisions of this section shall not apply to:

     (1) An aircraft owned by, and used exclusively in the service of, any government, including

the government of the United States or of any state of the United States, or political subdivision

thereof, which is not engaged in carrying persons or property for commercial purposes;

     (2) An aircraft registered under the laws of a foreign country;

     (3) An aircraft owned by a nonresident and based in another state; or

     (4) An aircraft engaged principally in federally certified scheduled airline operation.

 

10)

Section

Amended By Chapter Numbers:

 

1-4-7

74 and 110

 

 

1-4-7. Carrying and posting of license and certificate — Evidence of nonissuance.

     A required pilot’s license, permit, or certificate shall be kept in the personal possession of

the pilot while the pilot is operating an aircraft within this state. Required aircraft certificates shall

be carried in the aircraft at all times and shall be conspicuously posted in clear view of passengers.

A pilot’s license, permit, or certificate and aircraft certificates shall be presented for inspection

upon the demand of any passenger, any peace officer of this state, any authorized official or

employee of the director president and CEO, or the board, or any official, manager, or person in

charge of any airport or landing field in this state upon which the pilot lands, or upon the reasonable

request of any other person. In any criminal prosecution under any of the provisions of this chapter,

a defendant who relies upon a license, permit, or certificate of any kind shall have the burden of

proving that he or she is the possessor of a proper license, permit, or certificate. The fact of

nonissuance of a license, permit, or certificate may be evidenced by a certificate signed by the

official having power of issuance, or his or her deputy, under seal of office, stating that he or she

has made diligent search in the records of his or her office and that from the records it appears that

no license, permit, or certificate was issued.

 

11)

Section

Amended By Chapter Numbers:

 

1-4-8

74 and 110

 

 

1-4-8. Duties of president and CEO.

     It shall be the duty of the director president and CEO to foster aeronautics within this state

in accordance with the provisions of this chapter and for that purpose the director president and

CEO shall:

     (1) Encourage the establishment of airports and other air navigation facilities;

     (2) Make recommendations to the governor and the general assembly as to necessary

legislation or action;

     (3) Study the possibilities for the development of air commerce and the aeronautical

industry and trade within the state and collect and disseminate information relative to the

development; and

     (4) Advise with the Federal Aviation Administration and other agencies of the federal

government and with state authorities in carrying forward any research and development work the

tends to increase and improve aeronautics within this state.

 

12)

Section

Amended By Chapter Numbers:

 

1-4-9

74 and 110

 

 

1-4-9. Jurisdiction of president and CEO.

     (a) Except as otherwise specifically provided in this chapter, the director president and

CEO has supervision over aeronautics within the state, including:

     (1) The establishment, location, maintenance, operation, and use of airports, landing fields,

air markings, air beacons, and other air navigation facilities; and

     (2) The establishment, operation, management, and equipment, of all air schools, flying

clubs, and other persons giving air instruction.

     (b) All proposed airports, landing fields, and other air navigation facilities, shall be first

approved by the director president and CEO before they are used or operated. A political

subdivision or person proposing to establish, alter, activate, or deactivate an airport or landing field

shall make application to the chief aeronautics inspector Rhode Island airport corporation, with a

copy to the director president and CEO, for a certificate of approval of the site selected and the

general purpose or purposes for which the airport or landing field is to be established to insure that

it shall conform to minimum standards or safety and shall serve public interest. A political

subdivision or officer or employee, or any person shall not operate an airport, landing field, or other

air navigation facility for which a certificate of approval has not been issued by the director

president and CEO.

     (c) The director president and CEO shall establish by rules and regulations, in accordance

with chapter 35 of title 42, guidelines for making application for a certificate of approval, criteria

for determining whether to issue a certificate of approval, and fees for processing the applications

and each renewal of certificates of approval.

 

13)

Section

Amended By Chapter Numbers:

 

1-4-10

74 and 110

 

 

1-4-10. Rules and regulations.

     The director president and CEO shall adopt and promulgate, and may amend or repeal,

rules and regulations establishing minimum standards with which all air navigation facilities, air

schools, and flying clubs must comply, and shall adopt and enforce, and may amend or repeal rules,

regulations, and orders, to safeguard from accident and to protect the safety of persons operating

or using aircraft and persons and property on the ground, and to develop and promote aeronautics

within this state. No rule or regulation of the director president and CEO shall apply to airports,

landing fields, air beacons or other air navigation facilities owned or operated within this state by

the federal government. In order to avoid the danger of accident incident to confusion arising from

conflicting rules, regulations, and orders governing aeronautics, the rules, regulations, and orders

of the director president and CEO shall be kept in conformity as nearly as may be with the federal

legislation, rules, regulations, and orders on aeronautics, and shall not be inconsistent with

paramount federal legislation, rules, regulations, and orders on the subject.

 

14)

Section

Added By Chapter Numbers:

 

1-4-10.2

74 and 110

 

 

1-4-10.2. Prohibitions.

     It shall be unlawful:

     (1) For any person to operate or authorize the operation of any civil aircraft which does not

possess a valid identification mark assigned by the federal government.

     (2) For any resident to own or authorize the operation of any civil aircraft owned by him

or her which does not have a currently effective Rhode Island state registration certificate, and for

which the aircraft operating fee, if required, has not been paid.

     (3) For any nonresident to own or authorize the operation of any civil aircraft owned by

him or her and located in Rhode Island for more than ninety (90) days cumulatively during a

registration year, which does not have a currently effective Rhode Island state registration

certificate, and for which the aircraft operating fee, if required, has not been paid.

     (4) For any person to own or to operate an aircraft which fails to display the currently

effective registration decal or other identifier as required by regulations adopted under § 1-4-10 by

the director president and CEO.

     (5) For any person to operate or authorize the operation of any civil aircraft in air commerce

within the state which does not have a currently effective airworthiness certificate and a state

registration certificate and having paid the aircraft operating fee, if required.

     (6) For any person to operate or permit operation of aircraft on or from any airport for

compensation or hire, unless the area is registered with the department.

     (7) For any person to operate or authorize the operation of aircraft in violation of any other

rule or regulation, or in violation of the terms of any certificate, issued under the authority of this

chapter.

     (8) For any person to operate or attempt to operate an aircraft on the ground, on the public

waters, or in the air while under the influence of intoxicating liquor or of any controlled drug which

affects a person’s ability to operate an aircraft in a safe manner or while having 4/100 percent or

more by weight alcohol in his or her blood.

     (9) For any owner or operator of an aircraft having knowledge of an aircraft accident or

aircraft incident to fail to report facts concerning the accident or incident to the department or a law

enforcement officer within seven (7) days of the occurrence of the event, unless incapacitated by

death or injury.

     (10) For any person to touch any part of aircraft wreckage at an aircraft accident scene,

except for rescue of persons and/or classified materials, without specific approval of the federal or

state official responsible for the accident scene.

     (11) For any person to operate any ground vehicle which is unrelated to aircraft operations

or servicing, or airport operations and maintenance, within the boundaries of any public airport

without the express consent of the airport manager. This subsection does not prohibit the operation

of a ground vehicle upon a road laid out in the airport to provide access to or egress from the airport.

     (12) For any person to make or cause to be made an intentional false light, signal, or report

of an aircraft accident, or missing aircraft, or, in an emergency situation, to use any device or

equipment to initiate or to have others initiate an emergency response by any public or private

agency.

 

 

 

 

 

 

15)

Section

Amended By Chapter Numbers:

 

1-4-10.3

74 and 110

 

 

1-4-10.3. Abandoned aircraft.

     (a) Authority to take. The director, chief aeronautics inspector, aeronautical inspectors,

president and CEO or any police officer of the Rhode Island airport corporation, upon discovery of

any aircraft or aircraft parts apparently abandoned, or of any aircraft without a currently effective

state of Rhode Island or federal registration certificate, whether situated within any public or private

airfield open for public use for a period in excess of one year, may take such aircraft or aircraft

component into his or her custody and may cause the same to be taken away and stored in some

suitable place out of public view.

     (b) Lien. All charges necessarily incurred by such custodian in the performance of carrying

out the provisions of this chapter shall be a lien upon such aircraft or aircraft component in

accordance with § 34-47-1. The custodian or manager of any hangar, airport facility, or other place

where such aircraft or aircraft component may be stored shall have a lien upon such aircraft or

aircraft component for his or her storage charges.

     (c) Owner may reclaim. The owner of an aircraft or aircraft component so placed in storage

may reclaim the same before any sale by paying the charges incurred.

     (d) Sale authorized. If such aircraft or aircraft component shall have been so stored for a

period of ninety (90) days, the Rhode Island airport corporation may sell the same, at public auction,

for cash or may otherwise dispose of such aircraft or aircraft component. No sale under the

provisions herein shall be valid unless the notice required by subsection (e) of this section has been

given.

     (e) Notice of sale. Notice of such sale shall be given by publishing a notice in a newspaper

of state circulation at least fourteen (14) days before the sale. If the last place of abode of the owner

of such aircraft or aircraft component is known to, or may be ascertained by, such custodian or

manager by the exercise of reasonable diligence, a notice of the time and place of such sale shall

be given to said owner by registered mail, at least fourteen (14) days prior to said sale.

     (f) Application of proceeds. The balance of the proceeds of sale, if any, after payment of

the amount of liens and the reasonable expenses incident to the sale, shall be paid to the owner of

such aircraft or aircraft component or his or her legal representative, if claimed at any time within

one year from the date of such sale. If such balance shall not be claimed within said period, it shall

be paid to the Rhode Island airport corporation.

     (g) Exemption from liability. No employee of the Rhode Island airport corporation or any

officer empowered to enforce the provisions of §§ 1-4-10.2 — 1-4-14, inclusive, and any other

applicable section of the uniform air regulatory act, shall be liable for any act performed under the

provisions of this section.

 

16)

Section

Amended By Chapter Numbers:

 

1-4-11

74 and 110

 

 

1-4-11. Posting, notice, and filing of rules, regulations, and orders.

     (a) Every general rule, regulation, and order of the director president and CEO shall be

posted for public inspection in the main aeronautics office of the director president and CEO at

least five (5) days before it becomes effective, and shall be given any further publicity, by

advertisement in a newspaper or otherwise, as the director president and CEO deems advisable.

     (b) Every order applying only to a particular person or persons named in it shall be mailed

to, or served upon, that person or persons.

     (c) Every rule, regulation, and order, general or otherwise, adopted by the director president

and CEO shall be kept on file with the secretary of state.

 

 

 

17)

Section

Amended By Chapter Numbers:

 

1-4-12

74 and 110

 

 

1-4-12. Investigations and hearings — Subpoena powers.

     The director president and CEO has the power to conduct investigations, inquiries, and

hearings concerning matters covered by the provisions of this chapter and accidents or injuries

incident to the operation of aircraft occurring within this state. The director president and CEO has

the power to administer oaths and affirmations, certify to all official acts, issue subpoenas, or

subpoenas duces tecum, compel the attendance and testimony of witnesses, and the production of

papers, books, and documents. If any person fails to comply with any subpoena, subpoena duces

tecum, or order issued under authority of this chapter, the director president and CEO may invoke

the aid of any superior court in this state. The court may order the person to comply with the

requirements of the subpoena, subpoena duces tecum, or order of the director president and CEO,

or to give evidence upon the matter in question. Any failure to obey the order of the court is

punishable by the court as a contempt of court.

 

18)

Section

Amended By Chapter Numbers:

 

1-4-13

74 and 110

 

 

1-4-13. Reports of hearings and investigations as evidence -- Testimony by employees of the

Rhode Island airport corporation, president and CEO.

     The reports of investigations or hearings, or any part of the reports, shall not be admitted

in evidence or used for any purpose in any suit, action, or proceeding growing out of any matter

referred to in those investigations or hearings, or in any report, except in the case of criminal or

other proceedings instituted by, or on behalf of, the director president and CEO under the provisions

of this chapter; nor shall the director, nor the deputy director, nor any aeronautics inspector

president and CEO nor any employee assigned by the president and CEO for purposes of hearings

and investigations, be required to testify to any facts ascertained in, or information gained by reason

of, his or her official capacity. Neither the director, nor the deputy director, nor any aeronautics

inspector president and CEO nor any employee assigned by the president and CEO for purposes of

hearings and investigations, shall be required to testify as an expert witness in any suit, action, or

proceeding involving any aircraft or any navigation facility.

 

 

19)

Section

Amended By Chapter Numbers:

 

1-4-14

74 and 110

 

 

1-4-14. Enforcement — Cooperation of public agencies.

     (a) It is the duty of the director, deputy director, aeronautics inspectors president and CEO,

and every state and municipal officer charged with the enforcement of state laws to enforce and

assist in the enforcement of this chapter. The director president and CEO is further authorized in

the name of the state to enforce the provisions of this chapter by appropriate proceedings in the

superior courts of this state. Other departments and political subdivisions of this state are authorized

to cooperate with the director president and CEO in the development of aeronautics within this

state.

     (b) The director, deputy director, aeronautics inspectors president and CEO, and selected

employees of the Rhode Island airport corporation to whom such powers may be delegated in the

discharge of the duties of their office, have, in any part of the state, the same authority to make

arrests for violation of the statutes, laws, rules, and regulations relating to aviation and airport

security matters, and to enforce those statutes, laws, rules, and regulations, as regular constituted

law enforcement officers in the state.

     (c) The director president and CEO shall issue to each selected employee credentials

showing his or her authority to arrest, which credentials shall be carried upon the person of the

designated employee while in the performance of his or her duties.

 

20)

Section

Amended By Chapter Numbers:

 

1-4-15

74 and 110

 

 

1-4-15. Reasons for orders — Closing of facilities — Inspection powers.

     In any case where the director president and CEO, pursuant to this chapter, issues any order

requiring or prohibiting certain things to be done, the director president and CEO shall set forth his

or her reasons for the order and state the requirements to be met before approval is given or the

rule, regulation, or order shall be modified or changed. In any case where the director president and

CEO deems the action necessary or proper, the director president and CEO may order the closing

of any airport or landing field, or the cessation of operations of any air school, flying club, air

beacon, or other air navigation facility, until the requirements laid down by the director have been

fulfilled. To carry out the provisions of this chapter, the director, deputy director, aeronautics

inspectors president and CEO and any officers, state or municipal, charged with the duty of

enforcing this chapter, may inspect and examine, at reasonable hours, any premises, the aircraft

and the buildings and other structures, where those airports, landing fields, air schools, flying clubs,

air beacons, or other air navigation facilities are operated.

                  

21)

Section

Amended By Chapter Numbers:

 

1-4-18

74 and 110

 

 

1-4-18. Waiver of review by failure to appeal.

     If an appeal is not taken from the order of the director president and CEO within the fixed

period, the party against whom the order was entered shall be deemed to have waived the right to

have the reasonableness or lawfulness of the order reviewed by a court and that issue shall not be

tried in any court in which suit may be instituted for the penalty for failure to comply with the order.

 

22)

Section

Amended By Chapter Numbers:

 

1-5-1

74 and 110

 

 

1-5-1. Establishment and installation of aircraft operations monitoring system.

     (a) The Rhode Island airport corporation is authorized and directed to coordinate with the

federal aviation administration to complete a memorandum of agreement between the Rhode Island

airport corporation and the federal aviation administration (FAA) to provide for the continuing

acquisition of air traffic control radar records related to the operation of civil aircraft at Rhode

Island T.F. Green International Airport.

     (b) The Rhode Island airport corporation is authorized and directed to install an aircraft

operations monitoring system (AOMS) that shall be capable of providing detailed and summary

information related to the operation of aircraft at and in the vicinity of Rhode Island T.F. Green

International Airport. The AOMS shall be capable of plotting and displaying over area mapping

the ground-projected flight tracks and related altitudes of aircraft that use the airport. The system

shall be capable of displaying flight tracks of individually identified aircraft based on time and

location of operation. The system shall have the capability to produce data files in both digital and

hard copy format.

     (c) The AOMS shall further be capable of producing summary reports that shall, at a

minimum:

     (1) Relate aircraft location data derived from air traffic control radar with individual

activity events, based on time and location within the airport environs;

     (2) Produce summary reports that disclose the use of runways by type of operation

(landings or takeoffs), time of day, aircraft user group, and any other groupings that may from time

to time become desirable at the option of the system user; and

     (3) Disclose the activity levels by aircraft types, including, but not limited to, operations

by Part 36 stage, operations by jet and propeller-powered aircraft, by air carrier or private operators,

all presented by periods of time selected by the system operator.

     (d) The AOMS reports shall be capable of expansion to provide additional data relating to

flight track or corridor utilization, air traffic fix usage, and other information that may become

desirable as a result of noise abatement and land use compatibility planning.

     (e) The AOMS shall be procured and in effect by June 30, 1999. Provided, that if the Rhode

Island airport corporation is unable to complete a memorandum of agreement with the FAA as

provided for in subsection (a) of this section by June 30, 1999, and the inability is not due to inaction

by the corporation, then the director president and CEO of the corporation may request the general

assembly to extend the June 30, 1999 date as appropriate.

 

23)

Section

Amended By Chapter Numbers:

 

3-6-1

134 and 135

 

 

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 forty-eight ounces (48 oz.) of malt beverage

or four and one-half ounces (4.5 oz.) of distilled spirits, or fifteen ounces (15 oz.) of wine per

visitor, per day, or a combination not greater than three (3) drinks where a drink is defined as up to

sixteen ounces (16 oz.) of beer or one and one-half ounces (1.5 oz.) or five ounces (5 oz.) of wine

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, or three (3) seven hundred

fifty milliliter (750 ml) bottles of wine or the equivalent amount of wine sold by the can or other

container, 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.

 

24)

Section

Amended By Chapter Numbers:

 

3-7-4.1

132 and 133

 

 

3-7-4.1. Holders of retail Class A licenses permitted to conduct wine, beer, and

distilled spirit distilled spirit.

     Any holder of a Class A retail license shall be permitted to conduct at no charge to the

consumer, inside the premises of the licensee, sample tastings of wine (under 13% alcohol by

volume), beer (under 5.5% alcohol by volume), and distilled spirits available for purchase from the

licensee’s outlet. These samples shall not exceed one-ounce servings of each wine, the number of

wines being limited to no more than four (4) products at any one tasting; and one-ounce servings

of each beer, with the number of beer samplings being limited to two (2) products at any one tasting;

and one-quarter-ounce servings (¼ oz.) of each distilled spirit, the number of distilled spirits being

limited to no more than two (2) products at any one tasting. Furthermore, wine, beer, and distilled

spirits samplings may not be conducted simultaneously on the same Class A licensed premise. Each

consumer shall be limited to no more than one sample tasting of each product. The licensee may

elect, once during the month of March, once during the month of August, and once during the

month of November only, to serve unlimited samples of wine products available for purchase from

the licensee’s outlet.

     It shall be required that the licensee provide, at no charge to the consumer, food samplings

to be included with the tasting of all wine and beer. Those food samplings not consumed during the

tasting shall not thereafter be offered for sale.

     The licensee shall control, without wholesaler or supplier participation, the dispensing of

all samples to prospective customers. The licensee may not hold more than ten (10) tasting events

in any thirty-day (30) period. It shall be required that the licensee provide to the dispenser(s) of

said wine and beer samples, training in the service of alcoholic beverages by a recognized training

provider of alcoholic beverage service.

     Sampling events may not be promoted except on the licensed premises. It shall be unlawful

for any wholesaler, manufacturer, supplier, or any other person or entity to participate or provide

anything or any service of value on account of or in conjunction with any such sampling. It shall

be unlawful for any tasting, or combination of tastings, to exceed more than four (4) hours from

start to finish and must be conducted during the normal hours of business.

 

25)

Section

Amended By Chapter Numbers:

 

3-17-19

57 and 58, 184, 422 and 444, 426 and 448

 

 

P.L. 426 and P.L. 448

 

 

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, 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.

     (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.

     (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.

     (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.

     (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.

     (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.

     (61) 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 or Class BV licenses intended to be located at 499 Hope Street, Map 9,

Lot 75 of the applicable town of Bristol tax assessment map.

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

South Kingstown 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 357 Main Street, a/k/a

359 Main Street, Plat 56-3, Lot 50, of the applicable town of South Kingstown tax assessment map.

     (63) 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 225 Waterman Street,

Plat 14, Lot 508 of the applicable city of Providence tax assessment map.

     (64) 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 136 Taunton Avenue, Map 106,

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

     (65) 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 566 Plainfield

Street, Plat 108, Lot 55 of the applicable city of Providence tax assessment map.

     (66) 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 777 Elmwood

Avenue, Plat 060, Lot 0001 of the applicable city of Providence tax assessment map.

 

P.L. 57 and P.L. 58

(67) 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 license intended to be located at 94 Carpenter Street on Plat 29, lot

278 of the applicable city of Providence tax assessment map.

 

P.L. 184

 (6768) 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 license intended to be located at 79 Ives Street, Plat 017,

Lot 487 of the applicable city of Providence tax assessment map.

 

P. L. 422 and P. L. 444

(6769) 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 license intended to be located at 1230 Elmwood Avenue, Plat 089,

Lot 210 of the applicable city of Providence tax assessment map.

 

26)

Section

Amended By Chapter Numbers:

 

4-1.1-4

233 and 234

 

 

4-1.1-4. Exceptions. [Effective July 1, 2026.]

     This chapter shall not apply:

     (1) During medical research;

     (2) Temporary confinement prior to and during examination, testing, individual treatment

or operation for veterinary purposes;

     (3) During transportation;

     (4) During rodeo exhibitions, state or county fair exhibitions, 4-H programs, and similar

exhibitions or educational programs;

     (5) During temporary confinement for animal husbandry purposes for no more than six (6)

hours in any twenty-four-hour (24) period, unless ordered by a licensed veterinarian;

     (6) During the humane slaughter of a covered animal in accordance with the provisions of

chapter 17 of this title, and other applicable laws and regulations;

     (7) To a sow during the five-day (5) period prior to the sow’s expected date of giving birth

and any day that the sow is nursing piglets;

     (8) To calves being trained to exhibit; and

     (9) To calves being trained to accept routine confinement in dairy and beef housing.; and

     (10) Egg layingTo egg-laying hens kept for commercial egg production until January 1,

2030, at which time this exemption shall expire.

 

27)

Section

Amended By Chapter Numbers:

 

4-13-1

9 and 10, 13 and 14, 182 and 183

 

 

P.L. 9 and P.L. 10

 

 

4-13-1. Regulatory ordinances — Enforcement and penalties.

 

 

     (a) City or town councils may make any ordinances concerning dogs in their cities or towns

as they deem expedient, to be enforced by the destruction or disposition of the animal, or by

pecuniary penalties not exceeding ten dollars ($10.00) for the first offense, not exceeding fifteen

dollars ($15.00) for the second offense within a year, not exceeding twenty-five dollars ($25.00)

for the third and any subsequent offense within a year to be recovered by action of debt, or by

complaint and warrant, to use as that city council or town council may prescribe.

     (b)(1) Barrington town council is authorized to enact an ordinance:

     (i) Permitting the animal control officer in the town to issue citations to the owners of dogs

for violation of any animal control ordinance which may be paid by mail; and

     (ii) To prescribe pecuniary penalties as follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more seventy-five dollars ($75.00) for the third and each subsequent

offense within a calendar year.

     (2)(i) Bristol town council is authorized to enact an ordinance permitting the dog officer in

that town to issue citations to the owners of dogs for the violation of any dog ordinance which may

be paid by mail, and to prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty-five dollars ($25.00) for the first offense within a calendar

year;

     (B) A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine not exceeding one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (ii) The Bristol town council may by ordinance prescribe the number of licensed dogs and

their breeds which may be kept at any single-family residence other than a breeding kennel licensed

under § 4-13-10, and may enforce those ordinances by pecuniary penalties not exceeding two

hundred fifty dollars ($250).

     (3) Coventry town council is authorized to enact ordinances permitting the dog officer in

the town to issue citations to the owners of dogs for the violation of any dog ordinance which may

be paid by mail.

     (4)(i) Cumberland town council may prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

     (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

     (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

     (ii) The town council of the town of Cumberland is authorized to enact an ordinance

permitting the animal control officer or any police officer in that town to issue citations to the

owners of dogs for the violation of any dog ordinance which may be paid by mail.

     (iii) The town council of the town of Cumberland is authorized to enact an ordinance

establishing the expense of the impoundment of dogs as determined by the town council and

providing for the payment to the town of the impoundment expense by the dog owner prior to

removal of the dog from the pound.

     (5) Glocester town council is authorized to enact an ordinance to prescribe pecuniary

penalties as follows:

     (i) A fine not more than twenty dollars ($20.00) for the first offense within a calendar year;

     (ii) A fine not more than thirty dollars ($30.00) for the second offense within a calendar

year;

     (iii) A fine not more than thirty-five dollars ($35.00) for the third offense and each

subsequent offense within a calendar year.

     (6) Jamestown town council may prescribe pecuniary penalties as follows:

     (i) A fine not exceeding twenty-five dollars ($25.00) for the first offense within a calendar

year;

     (ii) A fine not exceeding fifty dollars ($50.00) for the second offense within a calendar

year;

     (iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (7)(i) Middletown may prescribe pecuniary penalties as follows for the violation of animal

control ordinances on any beach within the town of Middletown:

     (A) A fine not exceeding one hundred dollars ($100) for the first (1st) offense within the

calendar year;

     (B) A fine not exceeding one hundred fifty dollars ($150) for the second (2nd) offense

within a calendar year;

     (C) A fine not exceeding two hundred dollars ($200) for the third (3rd) and each subsequent

offense within a calendar year.

     (ii) Middletown may prescribe pecuniary penalties as follows for the violation of animal

control ordinances anywhere else within the town:

     (A) A fine not exceeding fifty dollars ($50.00) for the first offense within a calendar year;

     (B) A fine not exceeding one hundred dollars ($100) for the second offense within a

calendar year;

     (C) A fine not exceeding one hundred fifty dollars ($150) for the third and each subsequent

offense within a calendar year.

     (iii) The Middletown town council is authorized to enact an ordinance permitting the dog

officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance

which may be paid by mail.

     (8) Narragansett town council is authorized to enact an ordinance:

     (i) Permitting the animal control officer in the town to issue citations to the owners of dogs

for the violation of any animal control ordinance which may be paid by mail; and

     (ii) Establishing the expense of the impoundment of dogs as determined by the town

council and providing for the payment to the town of the impoundment expense by the dog owner

prior to removal of the dog from the pound; and

     (iii) Prescribing pecuniary penalties as follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than seventy-five dollars ($75.00) for the third and each subsequent

offense within a calendar year.

     (9) Newport city council is authorized to enact an ordinance:

     (i) Permitting the animal control officer, and his or her agents, in that city to issue citations

to the owners of dogs for violation of any animal control ordinance which may be paid by mail;

     (ii) To prescribe pecuniary penalties as follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (10) North Providence town council is authorized to enact an ordinance permitting the

animal control officer in that town to issue citations to the owners of dogs for the violation of any

dog ordinance which may be paid by mail.

     (11)(i) Portsmouth may prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

     (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

     (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

     (ii) The Portsmouth town council is authorized to enact an ordinance permitting the dog

officer in that town to issue citations to the owners of dogs for the violation of any dog ordinance

which may be paid by mail.

     (iii) The Portsmouth town council may, by ordinance, prescribe the number of licensed

dogs which may be kept at any single-family residence other than a breeding kennel licensed under

§ 4-13-10 and may enforce those ordinances by pecuniary penalties not exceeding twenty-five

dollars ($25.00).

     (12) The Richmond town council is authorized to enact ordinances:

     (i) Establishing the following penalties for animal control offenses:

     (A) A fine of not more than fifty dollars ($50.00) for the first offense within one year;

     (B) A fine of not more than seventy-five dollars ($75.00) for the second offense within one

year of the first offense;

     (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within one year of the first offense.

     (ii) Permitting the animal control officer or any police officer to issue citations for violation

of any animal control ordinance punishable by a fine of five hundred dollars ($500) or less, and to

provide for payment of those fines by mail.

     (13)(i) Scituate town council may prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

     (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

     (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

     (ii) Scituate town council is authorized to enact ordinances permitting the dog officer in

the town to issue citations to the owners of dogs for the violation of any dog ordinance which may

be paid by mail.

     (14)(i) Smithfield town council may prescribe pecuniary penalties as follows is authorized

to enact an ordinance:

     (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

     (i) Permitting the animal control officer in the town to issue citations to the owners of dogs

for the violation of any animal control ordinance which may be paid by mail; and

     (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

     (ii) To prescribe penalties for violation of the provisions of revised general ordinances,

town of Smithfield, Rhode Island 2003, as amended, chapter 126, entitled “animals”.

     (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

     (ii) The Smithfield town council is authorized to enact an ordinance permitting the animal

control warden in the town to issue citations which may be paid by mail to the owners of dogs for

the violation of any dog ordinance in that town.

     (15) Tiverton town council may prescribe pecuniary penalties as follows:

     (i) A fine not exceeding twenty-five dollars ($25.00) for the first offense;

     (ii) A fine not exceeding fifty dollars ($50.00) for the second offense;

     (iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent

offense.

     (16) Warwick city council may prescribe pecuniary penalties as follows:

     (i) A fine not exceeding fifty dollars ($50.00) for the first offense within a calendar year;

     (ii) A fine not exceeding one hundred dollars ($100) for the second offense within a

calendar year;

     (iii) A fine not exceeding two hundred dollars ($200) for the third and each subsequent

offense within a calendar year; and

     (iv) A fine not exceeding three hundred dollars ($300) for the fourth and each subsequent

offense within a calendar year.

     (17) Westerly town council is authorized to enact an ordinance:

     (i) Permitting the animal control officer in the town to issue citations to the owners of dogs

for the violation of any animal control ordinance which may be paid by mail; and

     (ii) Establishing the expense of the impoundment of dogs as determined by the town

council and providing for the payment to the town of the impoundment expense by the dog owner

prior to removal of the dog from the pound; and

     (iii) Prescribe pecuniary penalties as follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (18) West Greenwich town council is authorized to enact an ordinance:

     (i) Permitting the animal control officer in the town to issue citations to the owners of dogs

for the violation of any animal control ordinance which may be paid by mail; and

     (ii) Establishing the expense of the impoundment of dogs as determined by the town

council and providing for the payment to the town of the impoundment expense by the dog owner

prior to removal of the dog from the pound; and

     (iii) Prescribe pecuniary penalties as follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (19) The town council of the town of Exeter is authorized to enact any ordinance

prescribing fines and penalties, in addition to those otherwise allowed by law, as follows:

     (i) Providing a fine of up to twenty-five dollars ($25.00) for the first offense;

     (ii) Providing a fine of up to one hundred dollars ($100) for the second offense; and

     (iii) Providing a fine of up to two hundred dollars ($200) for the third and for any

subsequent offenses within a one-year period. In addition, the town may require proof of owners

liability insurance for a twelve-month (12) period insuring against injury and damages caused by

the dog. That insurance shall be in the amount of one hundred thousand dollars ($100,000) and

shall name the town as a named insured for the purposes of notice.

     (20) West Warwick town council may prescribe pecuniary penalties as follows:

     (i) A fine not exceeding fifteen dollars ($15.00) for the first offense;

     (ii) A fine not exceeding fifty dollars ($50.00) for the second offense;

     (iii) A fine not exceeding one hundred dollars ($100) for the third and each subsequent

offense.

     (21) Woonsocket city council is authorized to enact an ordinance:

     (i) Permitting the animal control office of the city to issue citations to the owners of dogs

for the violation of any animal control ordinance which may be paid by mail;

     (ii) Establishing the expense of the impoundment of dogs as determined by the city council

and providing for the payment to the city for the impoundment expense by the dog owner prior to

removal of the dog from the pound; and

     (iii) Prescribing pecuniary penalties as follows:

     (A) A fine of not more than fifty dollars ($50.00) for the first offense within a calendar

year;

     (B) A fine of not more than one hundred dollars ($100) for the second offense within a

calendar year;

     (C) A fine of not more than one hundred fifty dollars ($150) for the third and each

subsequent offense within a calendar year.

     (22) Pawtucket city council is authorized to prescribe pecuniary penalties directly related

to its ordinance banning the owning or keeping of pit bulls in the city as follows:

     (i) For a pit bull properly licensed according to the city ordinance:

     (A) A fine not exceeding two hundred fifty dollars ($250) for the first offense;

     (B) A fine not exceeding five hundred dollars ($500) on a second offense;

     (C) A fine not exceeding one thousand dollars ($1,000) on a third offense.

     (ii) For a pit bull that is not licensed pursuant to the exceptions in the city ordinance:

     (A) A fine not exceeding five hundred dollars ($500) on a first offense;

     (B) A fine not exceeding one thousand dollars ($1,000) on a second or subsequent offense.

     (iii) Notwithstanding any other provision of this section, Pawtucket may through its

municipal court impose a sentence of imprisonment not exceeding thirty (30) days in addition to

the fines in subsection (b)(22)(ii)(A) or (B).

     (23)(i) The Lincoln town council is authorized to prescribe pecuniary penalties as follows:

     (A) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (B) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (C) A fine of not more than one hundred twenty-five dollars ($125) for the third and each

subsequent offense within a calendar year.

     (ii) The Lincoln town council is authorized to enact an ordinance permitting the dog officer

and police officers in that town to issue citations to the owners of dogs for the violation of any dog

ordinance, which citation may be paid by mail.

     (24) The East Providence city council is authorized to enact an ordinance permitting the

animal control officer or any police officer in that city to issue citations to persons in violation of

any animal ordinances, which may be paid by mail, and to prescribe pecuniary penalties as follows:

     (i) A fine of not more than thirty dollars ($30.00) for the first offense within a calendar

year;

     (ii) A fine of not more than sixty dollars ($60.00) for the second offense within a calendar

year;

     (iii) A fine of not more than one hundred twenty dollars ($120) for the third offense within

a calendar year; and

     (iv) A fine of not more than three hundred dollars ($300) for the fourth offense and any

subsequent offense within a calendar year.

     (25) The Warren town council is authorized to enact an ordinance permitting the animal

control officer in the town to issue citations to the owners of animals for violation of any animal

control ordinance which may be paid by mail, and to prescribe pecuniary penalties as follows:

     (i) A fine of not more than twenty-five dollars ($25.00) for the first offense within a

calendar year;

     (ii) A fine of not more than fifty dollars ($50.00) for the second offense within a calendar

year;

     (iii) A fine of not more than one hundred dollars ($100) for the third and each subsequent

offense within a calendar year.

     (26) The Burrillville town council is authorized to enact an ordinance:

     (i) Permitting the animal control officer in the town to issue citations to the owners of dogs

for the violation of any animal control ordinance which may be paid by mail; and

     (ii) To prescribe penalties for violation of the provisions of revised general ordinances,

Town of Burrillville, Rhode Island, 2004, as amended, Chapter 4, entitled “Animals”; and

     (iii) Establishing an expense not to exceed ten dollars ($10.00) for the day during which

impoundment occurs plus five dollars ($5.00) every day the animal is detained and providing for

the payment to the town of the impoundment expense by the dog owner prior to removal of the dog

from the animal control facility.

     (27) The Foster town council is authorized to enact ordinances permitting the dog officer

in the town to issue citations to the owners of dogs for the violation of any dog ordinance, which

may be paid by mail, and may prescribe pecuniary penalties as follows:

     (i) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar year;

     (ii) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

     (iii) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

 

P.L. 13 and P.L. 14

  (A) A fine not exceeding twenty dollars ($20.00) fifty dollars ($50.00) for the first offense

within a calendar year;

     (B) A fine not exceeding thirty dollars ($30.00) seventy-five dollars ($75.00) for the second

offense within a calendar year;

     (C) A fine not exceeding fifty dollars ($50.00) one hundred dollars ($100) for the third and

each subsequent offense within a calendar year.

 

 (14)(i) Smithfield town council may prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

     (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

     (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

     (ii) The Smithfield town council is authorized to enact an ordinance permitting the animal

control warden in the town to issue citations which may be paid by mail to the owners of dogs for

the violation of any dog ordinance in that town.

 

PL. 182 and PL. 183

   (14)(i) Smithfield town council may prescribe pecuniary penalties as follows:

     (A) A fine not exceeding twenty dollars ($20.00) for the first offense within a calendar

year;

     (B) A fine not exceeding thirty dollars ($30.00) for the second offense within a calendar

year;

     (C) A fine not exceeding fifty dollars ($50.00) for the third and each subsequent offense

within a calendar year.

     (ii) The Smithfield town council is authorized to enact an ordinance permitting the animal

control warden in the town to issue citations which may be paid by mail to the owners of dogs for

the violation of any dog ordinance in that town.

 

(28) The Hopkinton town council is authorized to enact ordinances permitting the dog

officer in the town to issue citations to the owners of dogs for the violation of any dog ordinance,

which may be paid by mail, and may prescribe pecuniary penalties as follows:

     (i) A fine not exceeding fifty dollars ($50.00) for the first offense within a calendar year;

     (ii) A fine not exceeding one hundred dollars ($100) for the second offense within a

calendar year;

     (iii) A fine not exceeding one hundred fifty dollars ($150) for the third and each subsequent

offense within a calendar year.

 

 

 

 

28)

Section

Amended By Chapter Numbers:

 

4-13-15

182 and 183

 

 

4-13-15. Collaring of dogs — Impoundment and disposition of uncollared dogs.

     (a) Every owner or keeper of a dog shall cause the dog to wear a collar around its neck

distinctly marked with its owner’s or keeper’s name and with its registered number. Any person

may cause any dog not so collared to be impounded in the public pound of the town or city where

the dog is found; and if the dog is not claimed by its owner or keeper within a period of five (5)

days after the impoundment, the dog may be disposed of or destroyed. The five (5) days shall not

include any day or part of a day that the public pound is not open for a specified period of time, not

to be less than one-half (½) the normal hours of business, for the purpose of reclaiming any

impounded dog by its rightful owner. All periods of time shall be listed in a prominent location at

the entrance to all public pounds. The owner or keeper of any dog so impounded shall not take the

dog out of the pound until he or she has first paid to the poundkeeper the expense of keeping the

dog, that expense not to exceed two dollars ($2.00) per day and to be determined by the city or

town council in which impoundment occurs. The town council of the town of Glocester may, by

ordinance, determine an expense not to exceed ten dollars ($10.00) for each of the first five (5)

days during which this impoundment occurs plus five dollars ($5.00) every day the animal is

detained, plus an additional ten dollars ($10.00) if the owner or keeper is unable to show that the

dog has a current rabies shot pursuant to § 4-13-31, and further, the dog shall not be released from

the pound until all the provisions of this chapter and the ordinances of the city or town are complied

with. The provisions of this section relating to the five-day (5) waiting period shall not be deemed

to apply to any dog which, when impounded, was injured or maimed, and after the dog has been

examined by a licensed veterinarian who shall confirm, in writing, that the dog be destroyed for

humanitarian purposes.

     The town of West Warwick may provide by ordinance an impounding fee of five dollars

($5.00) per day and may provide by ordinance for a fee for the purposes of transferring ownership

or for the disposition of said animals according to law for each adult dog (six (6) months or older)

the sum of twenty dollars ($20.00) and for each puppy the sum of five dollars ($5.00) and for each

adult cat (six (6) months or older) the sum of ten dollars ($10.00).

     (b) Any person violating the provisions of this section is subject to the penalty provisions

of § 4-1-2.

     (c) Notwithstanding the provisions of subsection (a), the town council of the town of Exeter

may impose an initial impoundment fee of up to fifteen dollars ($15.00) plus two dollars ($2.00)

per day for each day of impoundment.

     (d) Notwithstanding the provisions of subsection (a), the city council of the city of East

Providence is authorized to enact an ordinance imposing an initial impoundment fee of up to twenty

dollars ($20.00) plus five dollars ($5.00) per day for each day of impoundment.

     (e) Notwithstanding the provisions of subsection (a), the town council of the town of

Richmond is authorized to enact an ordinance providing for an impoundment fee of not more than

twenty dollars ($20.00) per day for any impounded animal, and requiring payment of the fee before

an impounded animal may be released to its owner.

     (f) Notwithstanding the provisions of subsection (a) of this section, the Foster town council

is authorized to enact an ordinance providing for an impoundment fee of not more than fifteen

dollars ($15.00) per day for any impounded animal, and requiring payment of the fee before an

impounded animal may be released to its owner.

     (g) Notwithstanding the provisions of subsection (a) of this section, the Hopkinton town

council is authorized to enact an ordinance providing for an impoundment fee of not more than

twenty dollars ($20.00) per day for any impounded animal, and requiring payment of the fee before

an impounded animal may be released to its owner.

 

29)

Section

Amended By Chapter Numbers:

 

4-13-42

79 and 80

 

 

4-13-42. Care of dogs.

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

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

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

ground level.

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

any chain or tether shall not exceed one-eighth (⅛) of the dog’s total body weight.

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

period or keep any dog confined in an area or primary enclosure for more than fourteen (14) hours

during any twenty-four-hour (24) period, and more than ten (10) hours during a twenty-four-hour

(24) period, if the area is not greater than that which is required under the most recently adopted

version of the department of environmental management’s rules and regulations governing animal

care facilities.

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

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

     (5) Keep any dog outside, either tethered or otherwise confined, when the ambient

temperature is beyond the industry standard for the weather safety scale as set forth in the most

recent adopted version of the Tufts Animal Care and Condition Weather Safety Scale (TACC).

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

adequate feed, adequate water, or adequate veterinary care as those terms are defined in § 4-19-2;

provided however, that adequate veterinary care may be provided by an owner using acceptable

animal husbandry practices.

     (c) Exposing any dog to adverse weather conditions strictly for the purpose of conditioning

shall be prohibited.

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

or confinement, shall not apply:

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

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

provided;

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

sworn police officer assigned to the animal control division, for the purposes of, including, but not

limited to, hunting dogs, dogs protecting livestock, and sled dogs. Written authorization must be

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

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

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

written authorization issued by an animal control officer or duly sworn police officer assigned to

the animal control division in the political subdivision of the state where the dogs are kept is

revocable by that animal control officer or police officer if there are any conditions present that

warrant revocation. The conditions include, but are not limited to, changes in the number or type

of dogs, changes in the facility structure or safety, and changes in the health of the dog;

     (3) To any entity licensed by the state pursuant to chapter 19 of title 4, or any veterinary

facility; or

     (4) [Deleted by P.L. 2018, ch. 118, § 1 and P.L. 2018, ch. 198, § 1.]

     (5) [Deleted by P.L. 2018, ch. 118, § 1 and P.L. 2018, ch. 198, § 1.]

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

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

management (DEM).

     (7) [Deleted by P.L. 2018, ch. 118, § 1 and P.L. 2018, ch. 198, § 1.]

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

months, or fined not less than fifty dollars ($50.00) one hundred dollars ($100) nor exceeding five

hundred dollars ($500) one thousand dollars ($1,000), or both. Each day of violation shall constitute

a separate offense.

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

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

cooperation with animal control officers and the department of environmental management (DEM).

 

 

30)

Section

Amended By Chapter Numbers:

 

4-13.1-5

237 and 238

 

 

4-13.1-5. Harboring dogs for dog fighting — Training dogs to attack humans —

Selling, breeding, or buying dogs.

     (a) No person shall own or harbor any dog for the purpose of dog fighting; or train, torment,

badger, bait, or use any dog for the purpose of causing or encouraging the dog to unprovoked

attacks upon human beings or domestic animals.

     (b) No person shall possess with intent to sell, or offer for sale, breed, or buy, or attempt to

buy, within the state any vicious dog that has previously been declared vicious by the vicious dog

panel in accordance with § 4-13.1-11 ("Determination of a vicious dog").

     (c) Any dog described in subsection (a) or (b) of this section lawfully seized by a sheriff,

deputy sheriff, constable, police officer, agent or officer of the Rhode Island Society for the

Prevention of Cruelty to Animals (RISPCA) shall may be placed in the care of the RISPCA

pursuant to the provisions of § 4-1-22 — § 4-1-31.

     (d) The RISPCA shall utilize a timely process to determine the disposition of the dog and

provide for prompt transfer to an appropriate rescue organization or adoptive home with humane

Humane euthanization, conducted in accordance with the provisions of § 4-19-12, of a dog

described in subsections subsection (a) or (b) of this section shall occur occurring only if the

RISPCA, after an evaluation, has determined that the dog’s medical and/or behavioral condition

warrants such action euthanasia or it is determined by the sheriff, deputy sheriff, constable, police

officer, agent or officer of the RISPCA having possession of the dog, after reasonable time and

effort have been expended, that no appropriate placement for the dog exists.

     (e) A municipality that transfers a dog seized pursuant to this section into the care of the

RISPCA shall be responsible for the costs incurred by the RISPCA for the care and treatment of

the dog. The cost of the care and treatment billed to the transferring municipality shall be reasonable

and related to equivalent services provided by veterinary care and animal sheltering, feeding, and

boarding services in the state. Notwithstanding the receipt of payment for care and treatment from

a transferring municipality, the RISPCA may proceed pursuant to § 4-1-22(c) to collect the full

cost of care and treatment of any dog that is in its care or custody pursuant to this section and any

amounts recovered shall be applied first to satisfy any outstanding invoices for services provided

that have not previously been paid for with the balance of any amount recovered to be paid to the

transferring municipality.

 

 

31)

Section

Amended By Chapter Numbers:

 

5-6-2

209 and 210

 

 

5-6-2. Work for which license required.

     (a)(1) No person, firm, or corporation shall enter into, engage in, solicit, advertise, bid for,

or work at the business of installing, maintaining, servicing, and testing wires, conduits, apparatus,

which includes support systems specifically for electrical equipment and devices, fixtures,

electrical signs, lightning-protection equipment as defined in § 5-6-1, lighting, control of electrical

devices, handling and removal for installation or re-installation of all electrical equipment, devices,

apparatus, and similar items provided in this subsection within the confines of the jobsite, and other

appliances for carrying or using or generating electricity for light, heat, fire alarms, as defined in

chapter 28.25 of title 23, entitled “Fire Alarm Systems,” or power purposes, exclusive of low-

voltage wiring for heating/refrigeration equipment, or work at the business of removing and

reattaching existing electrical meters, unless that person, firm, or corporation shall have received a

license and a certificate for the business, issued by the state board of examiners of electricians of

the division of professional regulation of the department of labor and training in accordance with

the provisions set forth in this chapter.

     (2) That person shall carry this license on his or her person at all times while so engaged,

and shall affix his or her contractor’s license number to any advertisement and/or contract he or she

executes and/or to any bid he or she files with any consumer for his or her professional services

and to any applicable permit required for the performance of those services.

     (b) Any person, firm, or corporation that is required to apply for a permit from a local

building official for any work required to be performed by a person licensed under the provisions

of this chapter shall cause the work to be performed by a person licensed under the provisions of

this chapter; provided, that the provisions of this section, except the provision regarding removing

and reattaching existing electrical meters, shall not apply to owner-occupied, single-family homes.

 

 

32)

Section

Amended By Chapter Numbers:

 

5-6-8

209 and 210

 

 

5-6-8. Contractor’s certificates/licenses.

     (a) Electrical contractor’s license. A Certificate A shall be issued to any person, firm, or

corporation, qualified under this chapter, engaging in, or about to engage in, the business of

installing, maintaining, servicing, and testing electrical wires, conduits, apparatus, which includes

support systems specifically for electrical equipment and devices, fixtures, fire alarm and safety

communication systems, and other electrical appliances, lighting, control of electrical devices,

handling and removal for installation or re-installation of all electrical equipment, devices,

apparatus, and similar items provided in this subsection within the confines of the jobsite, excluding

low-voltage wiring for heating, ventilating, and air conditioning equipment. The certificate shall

specify the name of the person, firm, or corporation applying for it and the name of the person, who

in the case of a firm is one of its members, and in the case of a corporation, is one of its officers,

passing the examination by which he or she or it is authorized to enter upon, or engage in, business

as prescribed in the certificate. The holding of a Certificate A does not entitle the holder

individually to engage in or perform the actual work of installing, maintaining, servicing, and

testing electric wires, conduits, or appliances as previously described in this chapter, but entitles

him or her to conduct business as an electrical contractor.

     (b) Burner contractor’s license. A Certificate E shall be issued to any person, firm, or

corporation qualified under this chapter and engaged in, or about to engage in, the business of a

burner contractor as defined in § 5-6-1. The certificate shall specify the name of the person, firm,

or corporation applying for it and the name of the person who, in the case of a firm is one of its

members, and in the case of a corporation is one of its officers, passing the examination, by which

he or she or it is authorized to enter upon, or engage in, business as prescribed in the certificate.

The holding of a Certificate E does not entitle the holder individually to engage in or perform any

work on, or in connection with, electric wires, conduits, and appliances as previously described in

this chapter, but entitles the holder to contract to do that work, to the extent permitted in this chapter,

through the employment of burnerpersons holding a Certificate F. A burner contractor who is the

holder of a Certificate A is not required to obtain a Certificate E.

     (c) Fire alarm contractor’s license. A Certificate AF shall be issued to any person, firm, or

corporation qualified under this chapter and engaged in, or about to engage in, the business of a

fire alarm contractor as defined in § 5-6-1. The certificate shall specify the name of the person,

firm, or corporation applying for it and the person who, in the case of a firm is one of its members,

and in the case of a corporation is one of its officers, passing the examination by which he or she

or it is authorized to enter upon, or engage in, business as prescribed in the certificate. The holding

of a Certificate AF does not entitle the holder individually to engage in, or perform and work on,

or in connection with, electric wires, fire alarm wires, conduits, and appliances as previously

described in this chapter, but entitles the holder to contract to do that work to the extent permitted

in this chapter through the employment of fire alarm installers holding a Certificate BF. A

contractor who is the holder of a Certificate A is not required to obtain a Certificate BF.

     (d) Electrical sign contractor’s license. A Certificate SCF shall be issued to any person,

firm, or corporation qualified under this chapter and engaged in or about to engage in the business

of electrical sign installations, as defined in § 5-6-1.

     (e) Lightning-protection contractor. A Certificate LPC shall be issued to any person, firm,

or corporation qualified under this chapter and engaged in, or about to engage in, the business of

lightning-protection contractor as defined in § 5-6-1. The Certificate LPC shall specify the name

of the person, firm, or corporation applying for it and the person, who in the case of a firm, is one

of its members, and in the case of a corporation, is one of its officers, passing the examination by

which he or she or it is authorized to enter upon or engage in business as prescribed in the certificate.

The holding of a Certificate LPC does not entitle the holder individually to engage in, or perform

and work on, or in connection with, the installation of lightning-protection equipment as defined in

§ 5-6-1, unless that individual also holds a Certificate LPI, but entitles the holder to contract to do

that work to the extent permitted in this chapter through the employment of lightning-protection

installers holding a Certificate LPI.

     (f) Sign renovation electrical license. A certificate SRL shall be issued to any person, firm,

or corporation qualified under this chapter and engaged in, or about to engage in, the business of

sign renovation or installation of signs when such renovation or installation requires the removal

or installation of no more than three (3) wires.

     (g) Renewable energy professional. A Certificate REP shall be issued to any person, firm,

or corporation, qualified under this chapter, engaged in or about to engage in the business of

installing eligible renewable energy technologies as defined in § 39-26-5. All renewable energy

electrical work, including installing, connecting, maintaining, servicing, and testing all electrical

wires, conduits, and apparatus; mounting the modules to the mounting racks; mounting the

inverters; and tying the inverters into the main electrical panels, shall be done by a licensed

electrician. Ancillary non-electrical, renewable energy work, such as advertising services;

distribution of palletized materials to final location area of installation including photovoltaic

modules to the mounting racks; and installing the ground and rooftop support brackets and ballast

for rack systems, may be done by any person, firm, or corporation holding a Certificate REP. The

Certificate REP shall specify the name of the person, firm, or corporation applying for it and the

name of the person, who in the case of a firm is one of its members, and in the case of a corporation,

is one of its officers, meeting the requisite education and experience as established in § 5-6-11, by

which he or she or it is authorized to enter upon, or engage in, business as prescribed in the

certificate. The holding of a Certificate REP entitles the holder to contract to do that work to the

extent permitted in this chapter.

     The installation, mechanical fastening, and conjoining of listed solar sheathing systems

that are ten kilowatts (10 kwKW) or less on residential structures as defined by the Rhode Island

one- and two-family dwelling code may be performed by a registered contractor who or that has

been issued a renewable energy professional certificate (Certificate REP) as defined in § 5-6-11(e)

and above referenced. However, said residential solar sheathing system shall be connected to the

electrical system from the roof edge and energized by a Rhode Island licensed electrician working

in compliance with this chapter. Additionally, the residential solar sheathing systems noted must

be listed and labeled by UL or other recognized electrical device certification organization,

identified and acceptable by the authority having jurisdiction.

 

33)

Section

Amended By Chapter Numbers:

 

5-6-24

330 and 331

 

 

5-6-24. Apprentices — Registration.

     (a) This chapter does not forbid the employment of one properly limited-registered

registered apprentice electrician working with and under the direct personal supervision of aan

appropriately licensed journeyperson electrician. Additionally, this chapter does not forbid the

employment of: (1) One properly registered apprentice burnerperson working with and under the

direct personal supervision of a licensed burnerperson; (2) One properly registered apprentice fire

alarm installer working with and under the direct personal supervision of a licensed fire alarm

installer; (3) Two (2) properly registered apprentice electrical sign installers working with and

under the direct personal supervision of a licensed electrical sign installer; (4) One properly

registered apprentice maintenance electrician working with and under the direct personal

supervision of a valid Class C or Class DClass M license holder; or (5) One properly registered

apprentice lightning-protection installer working with and under the direct personal supervision of

a licensed lightning-protection installer (LPI). Apprentices are required to register with the division

of professional regulation immediately upon employment with a properly licensed electrical

contractor or lightning-protection contractor.

     (b) IndenturedRegistered apprentice electricians are required to work a minimum of eight

thousand (8,000) hours over a period of time of not less than four (4) years and successfully

complete one hundred forty-four (144) hours of related instruction per year in an indentureda

registered apprenticeship program approved by the Rhode Island department of labor and training,

to qualify for the journeyperson “B” electrician examination; provided, however, registered

apprentices may receive credit for one hundred forty-four (144) hours of classroom training gained

in a vocational school authorized by the board of education, or a maximum of two hundred eighty-

eight (288) hours of classroom training gained over two (2) academic years (one hundred forty-

four (144) hours per academic year), upon the successful completion of a course of study in a fully

accredited trade school that has been approved by the Rhode Island office of postsecondary

commissioner and by the Rhode Island department of labor and training apprenticeship council.

Provided, that the test applicant has possessed, for at least four (4) years prior to the filing of the

application, a certificate of registration in full force and effect from the department of labor and

training of Rhode Island specifying the person as an indentureda registered apprentice, and the

application of an applicant is accompanied by an affidavit or affidavits of his or her employer or

former employers or other reasonably satisfactory evidence showing that the applicant has been

actually engaged in eight thousand (8,000) hours of electrical work as ana registered apprentice in

Rhode Island during those four (4) years; or the application is accompanied by an affidavit or other

reasonably satisfactory evidence showing that the applicant has successfully completed a course of

study in a recognized college or university and has pursued a course of electrical technology for at

least two (2) academic years or is the recipient of an associate degree in electrical technology, and

has thereafter been indenturedregistered by the department of labor and training as an apprentice

for at least four (4) years and employed as an indentureda registered apprentice while supervised

by a duly licensed journeyperson electrician employed under a master in this state for a period of

four (4) years; or a showing that the applicant possesses a certificate of license issued under the

laws of another state, based on training equal to that required by the state of Rhode Island. Limited-

registered apprentice electricians shall be required to work a minimum of four thousand (4,000)

hours over a period of time of not less than two (2) years.

     (c) IndenturedRegistered apprentice maintenance electricians are required to work a

minimum of six thousand (6,000) hours over a period of time of not less than three (3) years and

successfully complete one hundred forty-four (144) hours of related instruction per year in an

indentureda registered apprenticeship program approved by the Rhode Island department of labor

and training, to qualify for the journeyperson “M” electrician examination. Provided, however, that

the test applicant has possessed for at least three (3) years prior to the filing of the application a

certificate of registration in full force and effect from the department of labor and training

specifying the person as an indentureda registered apprentice, and the application of an applicant

is accompanied by an affidavit or affidavits of his or her employer or former employers or other

reasonably satisfactory evidence showing that the applicant has been actually engaged in electrical

work as an apprentice in Rhode Island during those three (3) years as outlined in the registered

apprenticeship program standards. Class M journeyperson electricians may qualify to take the

journeyperson “B” electrician examination upon registering as a fourth-year apprentice and

becomingworking under the supervision of a journeyperson "B" electrician while employed by a

properly licensed Class A electrical contractor that sponsors, or participates in, an appropriately-

designed registered apprenticeship program for that period of time.

     (d) ApprenticeRegistered apprentice lightning-protection installers are required to work a

minimum of four thousand (4,000) hours over a period of time of not less than two (2) years in a

registered apprenticeship program approved by the Rhode Island department of labor and training

to qualify for the lightning-protection installer (LPI) examination. Provided, that the test applicant

has possessed for at least two (2) years prior to the filing of the application a certificate of

registration in full force and effect from the department of labor and training specifying the person

as an apprentice lightning-protection installer, and the application of an applicant is accompanied

by an affidavit or affidavits of his or her employer or former employers or other reasonably

satisfactory evidence showing that the applicant has been actually engaged in lightning-protection

work as an apprentice during those two (2) years as outlined in the registered apprenticeship

program standards.

                                    

34)

Section

Amended By Chapter Numbers:

 

5-6-24.1

330 and 331

 

 

5-6-24.1. Apprentices registered in other states.

     Any apprentice electrician holding an apprentice certificate, license, or equivalent

document issued by another state shall register with and obtain the approval of the division of

professional regulation in the department of labor and training prior Prior to being permitted to

work or serve as an electrician’s apprentice in this state, any apprentice electrician registered by

another registration agency in a neighboring state shall obtain reciprocal recognition from the

Rhode Island department of labor and training pursuant to § 28-45-16. Provided, no approval shall

be granted unless the applicant demonstrates to the board that the applicant is currently enrolled in

one hundred forty-four (144) hours of electrical-related classroom instruction per year for not less

than four (4) years in an indentured apprenticeship program approved by the department of labor

and training.

 

35)

Section

Added By Chapter Numbers:

 

5-6-24.2

330 and 331

 

 

5-6-24.2. Apprentices - Exam requirements.

     To be eligible applicants for electrical licensing exams, apprentices shall complete an

applicable registered apprenticeship program in Rhode Island. Apprentices shall provide transcripts

of completed related instruction and work record books from employer(s), or other reasonably

satisfactory evidence, to document completion of a registered apprenticeship program appropriate

to the license being applied for.

 

36)

Section

Added By Chapter Numbers:

 

5-6-24.3

330 and 331

 

 

5-6-24.3. Credit for electrical license exams.

     (a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior

learning or experience pursuant to §§ 28-45-9(2)(xii) or § 28-45-9.2 shall also require the written

approval of the electrical board of examiners of the Rhode Island department of labor and training.

Registered apprentices may receive credit for one hundred forty-four (144) hours of classroom

training gained in a vocational school authorized by the board of education, or a maximum of two

hundred eighty-eight (288) hours of classroom training gained over two (2) academic years (one

hundred forty-four (144) hours per academic year), upon the successful completion of a course of

study in a fully accredited trade school that has been approved by the Rhode Island office of

postsecondary commissioner and by the Rhode Island department of labor and training

apprenticeship council.

     (b) For licensing purposes, on-the-job learning hours required as part of a registered

apprenticeship program by license type are as follows:

     (1) At minimum, an electrician apprenticeship program for a Class B license shall include

eight thousand (8,000) hours of on-the-job learning.

     (2) At minimum, a maintenance electrician apprenticeship program for a Class M license

shall include six thousand (6,000) hours of on-the-job learning.

     (3) At minimum, a lightning protection installer apprenticeship program shall include four

thousand (4,000) hours of on-the-job learning.

     (4) All registered apprenticeship programs shall include one hundred forty-four (144) hours

of related instruction, including, but not limited to, classroom training, provided concurrently with

each two thousand (2,000) hours period of on-the-job learning.

 

37)

Section

Added By Chapter Numbers:

 

5-8.1-21

143 and 145

 

 

5-8.1-21. Right of entry for professional land surveyor performing surveying services.

     (a) A professional land surveyor, issued a current and valid certificate of registration in

accordance with the provisions of this chapter, when performing surveying services at the request

of a landowner or person with an interest in real estate, may, without the consent of the owner or

person in possession, enter upon or cross any lands, air, space, or water resource, whether publicly

or privately owned, except for property owned or operated by a public or private utility, railroad,

airport, or limited access highway, security facility (prison), or any property with a documented

safety or security plan, necessary to perform surveying services.

     (b) Nothing in this section shall be construed as authorizing a professional land surveyor

to intentionally destroy, injure, damage, or move any object, chattel, or item on the lands of another

without the permission of the owner.

     (c) This section shall not be construed to provide statutory protection from civil liability

for actual damage to land, chattels, crops, trees, structures, or personal property.

     (d) This section shall not be construed to authorize a professional land surveyor to enter

any building or structure.

     (e) A professional land surveyor shall make reasonable effort to notify a landowner and

person in possession upon whose land, air, space, or water resource it is necessary for the

professional land surveyor to enter or cross. Notice provided as follows meets the requirement of

this subsection:

     (1) Written notice delivered by hand to the person in possession of the land and the

landowner or to the residence of the landowner upon whose land, air, space, or water resource the

surveyor may enter or cross, delivered at least seventy-two (72) hours prior to the surveyor's

entering the land, air, space, or water resource; or

     (2) Written notice mailed by first class mail to the person in possession of the land and the

landowner upon whose land, air, space, or water resource the surveyor may enter or cross,

postmarked at least seven (7) days prior to the surveyor's entering the land, air, space, or water

resource. The surveyor may rely on the address of the landowner as contained in the municipal

property tax records or their equivalent.

     (f) Surveyors who enter land, air, space, or water resource pursuant to this section shall

carry on their person identification sufficient to identify themselves and their employer or principal

and shall present the identification upon request.

     (g) Vehicular access to perform surveys is limited to established roads and trails, unless

approval for other vehicular access is granted by the landowner.

     (h) Approval of the landowner is required for the clearing of trees, brush, or other

vegetation.

     (i) A registered professional land surveyor, or any employee or agent of the land surveyor,

who enters land as allowed under this section is owed no greater duty of care than that owed by a

landowner to a trespasser.

     (j) As an act of good will and in order to keep the landowner informed, a professional land

surveyor shall supply the landowner with information on located, established, or reestablished

corners that lie on the land or that may affect the boundaries of the land. Upon request, the

professional land surveyor shall provide the landowner with a copy of any relevant survey filed or

recorded.

     (k) A professional land surveyor and the surveyor's assistant shall comply with any other

federal and state safety rules and regulations that apply to the land that they enter or cross in addition

to the provisions set forth in this section.

 

38)

Section

Repealed By Chapter Numbers:

 

5-14-4

140 and 141

 

 

5-14-4. [Repealed]

 

39)

Section

Added By Chapter Numbers:

 

5-14-4.1

140 and 141

 

 

5-14-4.1. 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;

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

desk 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 that would reasonably

be found to be offensive or threatening.

     (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.

 

40)

Section

Repealed By Chapter Numbers:

 

5-14-5

140 and 141

 

 

5-14-5. [Repealed]

 

41)

Section

Added By Chapter Numbers:

 

5-14-5.1

140 and 141

 

 

5-14-5.1. 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.

 

42)

Section

Amended By Chapter Numbers:

 

5-20-4.1

330 and 331

 

 

5-20-4.1. “Apprentice irrigator” defined.

     “Apprentice irrigator,” as used in this chapter, means a person hired to perform all phases

of an irrigation project and registered as an apprentice pursuant to § 28-45-13 working under the

supervision of a master irrigation licensee or a licensed journeyperson irrigator for a period of one

yea

 

43)

Section

Amended By Chapter Numbers:

 

5-20-5

330 and 331

 

 

5-20-5. “Apprentice plumber” defined.

     “Apprentice plumber,” as used in this chapter, means any employee registered as an

apprentice pursuant to § 28-45-13, whose principal occupation is service with a master plumber

with a view to learning the art or trade of maintenance, installation, or repair of plumbing, as defined

in § 5-20-2.

 

 

 

 

44)

Section

Amended By Chapter Numbers:

 

5-20-10

330 and 331

 

 

5-20-10. Work for which apprentice certificate required.

     No person shall engage to work as an apprentice plumber, unless that person possesses and

carries on his or hertheir person at all times while engaged, a certificate of registration in full force

and effect from the department of labor and training specifying that person ashas registered as an

apprentice plumber, an apprentice irrigator, or an apprentice water-filtration/treatment-system

installer pursuant to § 28-45-13.

 

45)

Section

Amended By Chapter Numbers:

 

5-20-17

330 and 331

 

 

5-20-17. Qualifications of journeyperson — Application fee.

     (a) No application for a journeyperson’s license shall be filed at the department of labor

and training nor shall any applicant be permitted to take the examination for a license as a

journeyperson plumber, unless:

     (1) The application is accompanied by a nonrefundable application fee of seventy-five

dollars ($75.00); and

     (2) The applicant shall have possessed, for at least four (4) years prior to the filing of the

application, a certificate of registration in full force and effect from the department of labor and

training specifying that person as a registered apprentice plumber pursuant to § 28-45-13 and the

application of that applicant is accompanied with an affidavit or affidavits of his or herthe

applicant’s employer or former employers or other reasonably satisfactory evidence showing that

the applicant has been actually engaged in plumbing work as an apprentice plumber in the state of

Rhode Island for eight thousand (8,000) hours of on-the-job training during a five-year (5) period,

which shall include the successful completion of five hundred seventy-six (576) hours of related

instruction at a training program recognized by the department of labor and training; provided,

however, the apprentice may receive credit for one hundred forty-four (144) hours of classroom

training applied against the five hundred seventy-six (576) hours required pursuant to this section,

gained in a vocational school authorized by the council on elementary and secondary education;

and approved by the Rhode Island department of labor and training state apprenticeship council.

     (3) The application is accompanied with an affidavit or other reasonably satisfactory

evidence showing that the applicant has been a registered student in a recognized college,

university, or trade school and has pursued a course of plumbing or sanitary engineering for at least

two (2) academic years; or

     (4) The applicant is the recipient of an associate degree in either plumbing or sanitary

engineering, and has been registered by the department of labor and training as an apprentice

plumber for at least two (2) years and at all times while being employed as a registered apprentice

plumber by a duly licensed master plumber in this state for a period of two (2) years; or

     (5) The application is accompanied by an affidavit or other reasonably satisfactory

evidence showing that the applicant possesses a certificate of license, issued under the laws of

another state, provided that the requirements are the same as the state specifying that person as a

journeyperson plumber.

     (6) The records of the hours of on-the-job training and the hours of related instruction

completed as part of the registered apprenticeship program pursuant to § 28-45-9 should be

maintained in a mutually responsible manner, through a joint effort on the part of the master

plumber and the apprentice and provided as part of the application.

     (7) The completed application is to be filed with the department at least fifteen (15) days

prior to the examination date.

 

 

46)

Section

Amended By Chapter Numbers:

 

5-20-17.1

330 and 331

 

 

5-20-17.1. Qualifications of journeyperson irrigator -- Application fee.

     No application for a journeyperson’s license shall be filed at the department of labor and

training nor shall any applicant be permitted to take the examination for a license as a journeyperson

irrigator unless:

     (1) The application is accompanied with the nonrefundable application fee of seventy-five

dollars ($75.00); and

     (2) The applicant possesses a current apprentice certificate pursuant to § 28-45-13 for a

period of one year before application for journeyperson irrigator is made.

 

47)

Section

Amended By Chapter Numbers:

 

5-20-17.2

330 and 331

 

 

5-20-17.2. Qualifications of journeyperson water-filtration/treatment-system installer

-- Application fee.

     No application for a journeyperson’s license shall be filed at the department of labor and

training nor shall any applicant be permitted to take the examination for a license as a journeyperson

water-filtration/treatment-system installer unless:

     (1) The application is accompanied with the nonrefundable application fee of seventy-five

dollars ($75.00); and

     (2) The applicant possesses a current apprentice certificate pursuant to § 28-45-13 for a

period of one year before application for journeyperson water-filtration/treatment-system installer

is made.

 

48)

Section

Amended By Chapter Numbers:

 

5-20-25

330 and 331

 

 

5-20-25. Registration of apprentices.

     (a) Any person who has agreed to work a minimum of eight thousand (8,000) hours over a

period of time of not less than five (5) years under the direct supervision and instruction of a master

plumber or journeyperson plumber as an apprentice to learn the plumbing business, and that

agreement is approved by the division of professional regulation, shall be registered by the director

of the department of labor and training and have issued to him or herthem a certificate showing

that person to be a registered apprentice pursuant to § 28-45-13.

     (b) Any person who has agreed to work a minimum of two thousand (2,000) hours over a

period of time of not less than one year under the direct supervision and instruction of a master

irrigator or a journeyperson irrigator as an apprentice to learn the irrigation business, and that

agreement is approved by the division of professional regulation, shall be registered by the director

of the department of labor and training and have issued to him or herthem a certificate showing

that person to be a registered apprentice pursuant to § 28-45-13.

     (c) Any person who has agreed to work a minimum of two thousand (2,000) hours over a

period of time of not less than one year, under the direct supervision and instruction of a master

water-filtration/treatment-system installer or a journeyperson water-filtration/treatment-system

installer, as an apprentice to learn the water-filtration/treatment business, and that agreement is

approved by the division of professional regulation, shall be registered by the director of the

department of labor and training and have issued to him or herthem a certificate showing that

person to be a registered apprentice pursuant to § 28-45-13.

 

 

49)

Section

Added By Chapter Numbers:

 

5-20-25.1

330 and 331

 

 

5-20-25.1. Apprentices -- Exam requirements.

     To be eligible applicants for plumbing licensing exams, apprentices shall complete an

applicable registered apprenticeship program in Rhode Island. Apprentices shall provide transcripts

of completed related instruction and work record books from employer(s), or other reasonably

satisfactory evidence, to document completion of a registered apprenticeship program appropriate

to the license being applied for.

 

50)

Section

Added By Chapter Numbers:

 

5-20-25.2

330 and 331

 

 

5-20-25.2. Credit for plumbing license exam.

     (a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior

learning or experience pursuant §§ 28-45-9(2)(xii) or 28-45-9.2 shall also require the written

approval of the state board of plumbing examiners of the Rhode Island department of labor and

training. Apprentices may receive credit for one hundred forty-four (144) hours of classroom

training gained in a career and technical education program authorized by the board of education,

or a maximum of two hundred eighty-eight (288) hours of classroom training gained over two (2)

academic years (one hundred forty-four (144) hours per academic year), upon the successful

completion of a course of study in a fully accredited trade school that has been approved by the

Rhode Island office of postsecondary commissioner and by the Rhode Island department of labor

and training apprenticeship council.

     (b) For licensing purposes, on-the-job learning hours required as part of a registered

apprenticeship program by license type are as follows:

     (1) At minimum, a plumbing apprenticeship program shall include eight thousand (8,000)

hours of on-the-job learning, or an associate degree in plumbing and four thousand (4,000) hours

of on-the-job learning.

     (2) At minimum, an irrigator apprenticeship program shall include two thousand (2,000)

hours of on-the-job learning.

     (3) At minimum, a water filtration/treatment-system apprenticeship program shall include

two thousand (2,000) hours of on-the-job learning.

     (4) All registered apprenticeship programs shall include one hundred forty-four (144) hours

of related instruction, including, but not limited to, classroom training, provided concurrently with

each two thousand (2,000) hours period of on-the-job learning.

 

51)

Section

Amended By Chapter Numbers:

 

5-20.8-1

136 and 137

 

 

5-20.8-1. Definitions.

     When used in this chapter, unless the context indicates otherwise:

     (1) “Agent” means any individual or entity acting on behalf of a seller or buyer to effect

the transfer of real estate. It includes listing agent, selling agent, buyer’s agent, and their respective

brokers.

     (2) “Agreement to transfer” means a purchase and sale agreement, installment-sales

contract, option to purchase agreement, or other agreement intended to effect the transfer of real

estate from a seller to a buyer.

     (3) “Buyer” means any individual or entity seeking to obtain title to real estate from a seller

for consideration.

     (4) “Closing” means the time at which real estate is transferred from seller to buyer and

consideration is delivered to the seller or to a settlement agent with the intention of imminent

delivery upon the recording of pertinent documents and other ministerial acts associated with

settlement.

     (5) “Deficient conditions” means any land restrictions, defect, malfunction, breakage, or

unsound condition existing on, in, across, or under the real estate of which the seller has knowledge.

     (6) “Lead exposure hazard” means a condition that presents a clear and significant health

risk to occupants of the dwelling, dwelling unit, or premises, particularly where there are children

under the age of six (6) years.

     (7) “Real estate” means vacant land or real property and improvements consisting of a

house or building containing one to four (4) dwelling units.

     (8) “Seller” means any individual or entity seeking to transfer title to real estate to a buyer

for consideration.

     (9) "Shoreline property" means any real estate that abuts the shore as governed by § 46-23-

26.

     (9)(10) “Transfer” means the sale or conveyance, exchange of, or option to purchase any

real estate.

 

 

 

52)

Section

Amended By Chapter Numbers:

 

5-20.8-2

136 and 137

 

 

5-20.8-2. Disclosure requirements.

     (a) As soon as practicable, but in any event no later than prior to signing any agreement to

transfer real estate, the seller of the real estate shall deliver a written disclosure to the buyer and to

each agent with whom the seller knows he or she or the buyer has dealt in connection with the real

estate. The written disclosure shall comply with the requirements set forth in subsection (b) and

shall state all deficient conditions of which the seller has actual knowledge. The agent shall not

communicate the offer of the buyer until the buyer has received a copy of the written disclosure

and signed a written receipt of the disclosure. If the buyer refuses to sign a receipt pursuant to this

section, the seller or agent shall immediately sign and date a written account of the refusal. The

agent is not liable for the accuracy or thoroughness of representations made by the seller in the

written disclosure or for deficient conditions not disclosed to the agent by the seller.

     (b)(1) The Rhode Island real estate commission shall approve a form of written disclosure

for vacant land and a form of written disclosure for the sale of real property and improvements

consisting of a house or building containing one to four (4) dwelling units as required under this

chapter or the seller may use a disclosure form substantially conforming to the requirements of this

section. The following provisions shall appear conspicuously at the top of any written disclosure

form: “Prior to the signing of an agreement to transfer real estate (vacant land or real property and

improvements consisting of a house or building containing one to four (4) dwelling units), the seller

is providing the buyer with this written disclosure of all deficient conditions of which the seller has

knowledge. This is not a warranty by the seller that no other defective conditions exist, which there

may or may not be. The buyer should estimate the cost of repair or replacement of deficient

conditions prior to submitting an offer on this real estate. The buyer is advised not to rely solely

upon the representation of the seller made in this disclosure, but to conduct any inspections or

investigations the buyer deems to be necessary to protect his or her best interest.” Nothing

contained in this section shall be construed to impose an affirmative duty on the seller to conduct

inspections as to the condition of this real estate.

     (2) The disclosure form for vacant land shall include the following information:

     (i) Sewage System — (Assessment, Annual Fees, Type, Cesspool/Septic Location, Last

Pumped, Maintenance History, Defects)

     “Potential purchasers of real estate in the State of Rhode Island are hereby notified that

many properties in the state are still serviced by cesspools as defined in chapter 19.15 of title 23

(the “Rhode Island Cesspool Act of 2007”). Cesspools are a substandard and inadequate means of

sewage treatment and disposal, and cesspools often contribute to groundwater and surface water

contamination. Requirements for abandonment and replacement of high-risk cesspools as

established in chapter 19.15 of title 23 are primarily based upon a cesspool’s nontreatment of

wastewater and the inherent risks to public health and the environment due to a cesspool’s distance

from a tidal water area, or a public drinking water resource. Purchasers should consult chapter

19.15 of title 23 for specific cesspool abandonment or replacement requirements. An inspection of

property served by an on-site sewage system by a qualified professional is recommended prior to

purchase. Pursuant to § 5-20.8-13, potential purchasers shall be permitted a ten-day (10) period to

conduct an inspection of a property’s sewage system to determine if a cesspool exists, and if so,

whether it will be subject to the phase-out requirements as established in chapter 19.15 of title 23.”

     (ii) Water System — (Imp. & Repairs, Type, Defects) Private water supply (well). “The

buyer understands that this property is, or will be served, by a private water supply (well) that may

be susceptible to contamination and potentially harmful to health. If a public water supply is not

available, the private water supply must be tested in accordance with regulations established by the

Rhode Island department of health pursuant to § 23-1-5.3. The seller of that property is required to

provide the buyer with a copy of any previous private water supply (well) testing results in the

seller’s possession and notify the buyer of any known problems with the private water supply

(well).”

     (iii) Property Tax

     (iv) Easements and Encroachments — The seller of the real estate is required to provide

the buyer with a copy of any previous surveys of the real estate that are in the seller’s possession

and notify the buyer of any known easements, encroachments, covenants, or restrictions of the

seller’s real estate. If the seller knows that the real estate has a conservation easement or other

conservation or preservation restriction as defined in § 34-39-2, the seller is required to disclose

that information and provide the buyer with a copy of any documentation in the seller’s possession

regarding the conservation and preservation restrictions. A buyer may wish to have a boundary or

other survey independently performed at the buyer’s own expense.

     (v) Deed — (Type, Number of Parcels)

     (vi) Zoning — (Permitted use, Classification). “Buyers of real estate in the State of Rhode

Island are legally obligated to comply with all local real estate ordinances; including, but not limited

to, ordinances on the number of unrelated persons who may legally reside in a dwelling, as well as

ordinances on the number of dwelling units permitted under the local zoning ordinances.” If the

subject property is located in a historic district, that fact must be disclosed to the buyer, together

with the notification that “property located in a historic district may be subject to construction,

expansion, or renovation limitations. Contact the local building inspection official for details.”

     (vii) Restrictions — (Plat or Other)

     (viii) Building Permits

     (ix) Flood Plain — (Flood Insurance)

     (x) Wetlands — The location of coastal wetlands, bay, freshwater wetlands, pond, marsh,

river bank, or swamp, as those terms are defined in chapter 1 of title 2, and the associated buffer

areas may impact future property development. The seller must disclose to the buyer any such

determination on all or part of the land made by the department of environmental management.

     (xi) Hazardous Waste — (Asbestos and Other Contaminants)

     (xii) Miscellaneous

     (xiii) Farms — The disclosure shall inform the buyer that any farm(s) that may be in the

municipality are protected by the right to farm law.

     (3) The disclosure form for the sale of real property and improvements consisting of a

house or building containing one to four (4) dwelling units shall include the following information:

     (i) Seller Occupancy — (Length of Occupancy)

     (ii) Year Built

     (iii) Basement — (Seepage, Leaks, Cracks, etc. Defects)

     (iv) Sump Pump — (Operational, Location, and Defects)

     (v) Roof (Layers, Age, and Defects)

     (vi) Fireplaces — (Number, Working and Maintenance, Defects)

     (vii) Chimney — (Maintenance History, Defects)

     (viii) Woodburning Stove — (Installation Date, Permit Received, Defects)

     (ix) Structural Conditions — (Defects)

     (x) Insulation — (Wall, Ceiling, Floor, UFFI)

     (xi) Termites or other Pests — (Treatment Company)

     (xii) Radon — (Test, Company). “Radon has been determined to exist in the State of Rhode

Island. Testing for the presence of radon in residential real estate prior to purchase is advisable.”

     (xiii) Electrical Service — (Imp. & Repairs, Electrical Service, Amps, Defects,

Modifications)

     (xiv) Heating System — (Type, Imp. & Repairs, Underground Tanks, Zones, Supplemental

Heating, Defects, Modifications)

     (xv) Air Conditioning — (Imp. & Repairs, Type, Defects)

     (xvi) Plumbing — (Imp. & Repairs, Defects, Modifications)

     (xvii) Sewage System — (Assessment, Annual Fees, Type, Cesspool/Septic Location, Last

Pumped, Maintenance History, Defects)

     “Potential purchasers of real estate in the state of Rhode Island are hereby notified that

many properties in the state are still serviced by cesspools as defined in Rhode Island general law

chapter 19.15 of title 23 (the Rhode Island Cesspool Act of 2007). Cesspools are a substandard and

inadequate means of sewage treatment and disposal, and cesspools often contribute to groundwater

and surface water contamination. Requirements for abandonment and replacement of high-risk

cesspools as established in chapter 19.15 of title 23 are primarily based upon a cesspool’s

nontreatment of wastewater and the inherent risks to public health and the environment due to a

cesspool’s distance from a tidal water area, or a public drinking water resource. Purchasers should

consult chapter 19.15 of title 23 for specific cesspool abandonment or replacement requirements.

An inspection of property served by an on-site sewage system by a qualified professional is

recommended prior to purchase. Pursuant to § 5-20.8-13, potential purchasers shall be permitted a

ten-day (10) period to conduct an inspection of a property’s sewage system to determine if a

cesspool exists, and if so, whether it will be subject to the phase-out requirements as established in

chapter 19.15 of title 23.”

     (xviii) Water System — (Imp. & Repairs, Type, Defects) Private water supply (well). “The

buyer understands that this property is, or will be served, by a private water supply (well) that may

be susceptible to contamination and potentially harmful to health. If a public water supply is not

available, the private water supply must be tested in accordance with regulations established by the

Rhode Island department of health pursuant to § 23-1-5.3. The seller of that property is required to

provide the buyer with a copy of any previous private water supply (well) testing results in the

seller’s possession and notify the buyer of any known problems with the private water supply

(well).”

     (xix) Domestic Hot Water — (Imp. & Repairs, Type, Defects, Capacity of Tank)

     (xx) Property Tax

     (xxi) Easements and Encroachments — The seller of the real estate is required to provide

the buyer with a copy of any previous surveys of the real estate that are in the seller’s possession

and notify the buyer of any known easements, encroachments, covenants, or restrictions of the

seller’s real estate. If the seller knows that the real estate has a conservation easement or other

conservation or preservation restriction as defined in § 34-39-1, the seller is required to disclose

that information and provide the buyer with a copy of any documentation in the seller’s possession

regarding the conservation and preservation restrictions. A buyer may wish to have a boundary or

other survey independently performed at his or her own expense.

     (xxii) Deed — (Type, Number of Parcels)

     (xxiii) Zoning — (Permitted use, Classification). “Buyers of real estate in the state of

Rhode Island are legally obligated to comply with all local real estate ordinances; including, but

not limited to, ordinances on the number of unrelated persons who may legally reside in a dwelling,

as well as ordinances on the number of dwelling units permitted under the local zoning ordinances.”

If the subject property is located in a historic district, that fact must be disclosed to the buyer,

together with the notification that “property located in a historic district may be subject to

construction, expansion, or renovation limitations. Contact the local building inspection official for

details.”

     (xxiv) Restrictions — (Plat or Other)

     (xxv) Building Permits

     (xxvi) Minimum Housing — (Violations)

     (xxvii) Flood Plain — (Flood Insurance)

     (xxviii) Wetlands — The location of coastal wetlands, bay, freshwater wetlands, pond,

marsh, river bank, or swamp, as those terms are defined in chapter 1 of title 2, and the associated

buffer areas may impact future property development. The seller must disclose to the buyer any

such determination on all or part of the land made by the department of environmental management.

     (xxix) Multi-family or other Rental Property — (Rental Income)

     (xxx) Pools & Equipment — (Type, Defects)

     (xxxi) Lead Paint — (Inspection) Every buyer of residential real estate built prior to 1978

is hereby notified that those properties may have lead exposures that may place young children at

risk of developing lead poisoning. Lead poisoning in young children may produce permanent

neurological damage, including learning disabilities, reduced IQ behavioral problems, and

impaired memory. The seller of that property is required to provide the buyer with a copy of any

lead inspection report in the seller’s possession and notify the buyer of any known lead poisoning

problem. Environmental lead inspection is recommended prior to purchase.

     (xxxii) Fire

     (xxxiii) Hazardous Waste — (Asbestos and Other Contaminants)

     (xxxiv) Miscellaneous

     (xxxv) Farms — The disclosure shall inform the buyer that any farm(s) that may be in the

municipality are protected by the right to farm law.

     (xxxvi) Mold — (Type, repairs, alterations, modifications).

     (xxxvii) Ventilation system modifications.

     (xxxviii) Moisture penetration and damage.

     (c) Any agreement to transfer real estate shall contain an acknowledgement that a

completed real estate disclosure form has been provided to the buyer by the seller in accordance

with the provisions of this section.

     (d) The Rhode Island real estate commission has the right to amend the seller disclosure

requirements by adding or deleting requirements when there is a determination that health, safety,

or legal needs require a change. Any change to requirements shall be a rule change, subject to the

administrative procedures act, chapter 35 of title 42. The power of the commission to amend the

written disclosure requirements shall be liberally construed so as to allow additional information to

be provided as to the structural components, housing systems, and other property information as

required by this chapter.

     (e) The disclosure form for the sale of vacant land or real property and improvements in §

5-20.8-2 subsections (b)(2) and § 5-20.8-2(b)(3) shall also include the following information:

     "Shoreline Access - Members of the public shall have the right to access shoreline property

as defined in § 5-20.8-1. The public's rights and privileges of the shore may be exercised, where

shore exists, on wet sand or dry sand or rocky beach, up to ten feet (10') landward of the

"ˈrecognizable high tide line"ˈ subject to the restrictions governed by § 46-23-26 and any general

laws to the contrary.

     The seller of the real estate is required to notify the buyer of any public rights of way on

the real estate that are known to the seller. The seller shall provide the buyer with a copy of any

documentation evidencing such rights of way or conditions of public access that is in the seller's

possession.

     The buyer is advised to contact the Coastal Management Resources Councilcoastal

resources management council, the municipality, or applicable nonprofit organizations to

determine whether any public rights of way exist.

     The seller shall provide the buyer with a copy of any permits relating to the real estate that

were issued by the Coastal Management Resources Councilcoastal resources management

council and that are in the seller's possession."

 

53)

Section

Amended By Chapter Numbers:

 

5-34-31

274 and 275

 

 

5-34-31. Practices and persons exempt.

     No provisions of this chapter shall be construed as prohibiting:

     (1) Gratuitous nursing by friends or members of the family or as prohibiting the care of the

sick by domestic servants, housekeepers, nursemaids, companions, or household aides of any type,

whether employed regularly or because of an emergency of illness, provided that person is

employed primarily in a domestic capacity and does not hold himself or herself themself out or

accept employment as a person licensed to practice nursing for hire under the provisions of this

chapter or as prohibiting nursing assistants in the case of any emergency;

     (2) The practice of nursing by students enrolled in approved educational programs of

professional nursing or practical-nursing educational programs nor by graduates of those schools

or courses pending the results of the licensing examinations following that graduation before taking

and receiving results of the National Council Licensure Examination (NCLEX), provided that they

are licensed in this state within ninety (90) days from the date on the departments department’s

licensing application fee receipt, in accordance with regulations prescribed by the board;

     (3) The practice of nursing in this state by any legally qualified nurse of another state whose

engagement requires him or her to accompany and care for a patient temporarily residing in this

state during the period of this engagement not to exceed six (6) months in length, provided that

person does not represent or hold himself or herself themself out as a nurse licensed to practice in

this state;

     (4) The practice of any legally qualified nurse of another state who is employed by the

United States government or any bureau, division, or agency of the government while in the

discharge of his or her their official duties;

     (5) Persons employed in state and licensed hospitals and sanatoria healthcare facilities,

licensed homes for the aged and/or convalescent persons, and recognized public-health agencies

from assisting in the nursing care of patients if adequate medical or nursing supervision is provided;

     (6) Nursing care of the sick with or without compensation or personal profit when done in

connection with the practice of the religious tenets of any recognized or established church by

adherents as long as they do not engage in the practice of nursing as defined in this chapter;

     (7) Persons who provide acceptable evidence of being currently licensed by examination

or endorsement under the laws of other states of the United States and the District of Columbia

from practicing nursing in this state for a period of ninety (90) days from the date on the application

fee receipt, provided that they are licensed in this state within ninety (90) days from the date on the

application fee receipt. The original privilege to work ninety (90) days from the date on the

application fee receipt shall not be extended or renewed.

 

54)

Section

Added By Chapter Numbers:

 

5-34-50

118 and 128

 

 

5-34-50. APRN restrictive covenants void.

     (a) Any contract or agreement that creates or establishes the terms of a partnership,

employment, or any other form of professional relationship with an advanced practice registered

nurse ("APRN") licensed to practice pursuant to § 5-34-45 that includes any restriction of the right

of the APRN to practice shall be void and unenforceable with respect to said restriction; provided,

however, that nothing herein shall render void or unenforceable the remaining provisions of any

such contract or agreement.

     (b) Restrictions rendered void under subsection (a) of this section shall include, but shall

not be limited to, the following:

     (1) The right to practice in any geographic area for any period of time after the termination

of the partnership, or professional relationship;

     (2) The right of an APRN to provide treatment, advise, consult with, or establish a

professional relationship with any current patient of the employer; and

     (3) The right of an APRN to solicit or seek to establish a professional relationship with any

current patient of the employer.

     (c) Notwithstanding the foregoing, the prohibition on advanced practice registered nurse

covenants shall not apply in connection with the purchase and sale of a practice; provided the

restrictive covenant and non-compete covenant is for a period of time of not more than five (5)

years.

 

55)

Section

Amended By Chapter Numbers:

 

5-35.2-2

342 and 343

 

 

5-35.2-2. Qualification of optician applicants.

     (a) Every applicant for licensure shall present satisfactory evidence, in the form of

affidavits properly sworn to, that he or she the applicant:

     (1) Is of good moral character; and

     (2) Has graduated from a two-year (2) school of opticianry approved by the New England

Association of Schools and Colleges or an equivalent regional accrediting authority or other

accrediting authority as may be approved by the department with consultation from the advisory

committee; and or has successfully completed an apprenticeship program registered in accordance

with chapter 45 of title 28, of not less than four thousand one hundred (4,100) hours in not less than

two (2) years pursuant to meeting the approval of the applicable requirements of this section; and

     (3) Has successfully passed the national opticianry competency examination or any other

written examination approved by the department with consultation from the advisory committee;

and

     (4) Has successfully passed a practical examination approved by the department with

consultation from the advisory committee.

     (b) Every applicant for licensure who is or has been licensed in an alternate jurisdiction

shall present satisfactory evidence in the form of affidavits properly sworn to that he or she the

applicant:

     (1) Is of good moral character; and

     (2) Has graduated from high school; and

     (3) Has graduated from a two-year (2) school of opticianry approved by the New England

Association of Schools and Colleges or an equivalent regional accrediting authority or other

accrediting authority as may be approved by the department with consultation from the advisory

committee; or has successfully completed a two-year (2) opticianry apprenticeship program; and

     (4) Has held a valid license to practice opticianry in another state for at least one year and

was in good standing during that time; and

     (5) Has practiced opticianry in this or any other state for a period of not less than one year;

and

     (6) Has successfully passed the national opticianry competency examination or any other

written examination approved by the department with consultation from the advisory committee;

and

     (7) Has successfully passed a practical exam approved by the department with consultation

from the advisory committee.

 

 

 

 

 

 

56)

Section

Amended By Chapter Numbers:

 

5-37-9.2

260 and 261

 

 

5-37-9.2. Physician profiles — Public access to data.

     (a)(1) The board shall compile the information listed in this section to create individual

profiles on licensed physicians, in a format created by the board, consistent with the provisions of

this section and any regulations promulgated under this section, that are available for dissemination

to the public and that include a conspicuous statement that: “This profile contains certain

information that may be used as a starting point in evaluating the physician. This profile should not

be your sole basis for selecting a physician.”

     (2) The following information shall be compiled by the board in accordance with state laws

and board regulations and procedures and shall be included in physician profiles, subject to the

limitations and requirements set forth below:

     (i) Names of medical schools and dates of graduation;

     (ii) Graduate medical education;

     (iii) A description of any final board disciplinary actions within the most recent ten (10)

years;

     (iv) A description of any final disciplinary actions by licensing boards in other states within

the most recent ten (10) years;

     (v) A description of any criminal convictions for felonies within the most recent ten (10)

years. For the purposes of this subsection, a person is deemed to be convicted of a crime if he or

she the person pleaded guilty or if he or she the person was found or adjudged guilty by a court

of competent jurisdiction, or was convicted of a felony by the entry of a plea of nolo contendere;

     (vi) A description of revocation or restriction of hospital privileges for reasons related to

competence taken by the hospital’s governing body or any other official of the hospital after

procedural due process has been afforded, or the resignation from or nonrenewal of medical staff

membership or the restriction of privileges at a hospital. Only cases that have occurred within the

most recent ten (10) years, shall be disclosed by the board to the public; and

     (vii) All medical malpractice court judgments and all medical malpractice arbitration

awards in which a payment is awarded to a complaining party since September 1, 1988, or during

the most recent ten (10) years, and all settlements of medical malpractice claims in which a payment

is made to a complaining party since September 1, 1988, or within the most recent ten (10) years.

Dispositions of paid claims shall be reported in a minimum of three (3) graduated categories

indicating the level of significance of the award or settlement. Information concerning paid medical

malpractice claims shall be put in context by comparing an individual physician’s medical

malpractice judgments, awards, and settlements to the experience of other physicians licensed in

Rhode Island who perform procedures and treat patients with a similar degree of risk. All judgment,

award, and settlement information reported shall be limited to amounts actually paid by or on behalf

of the physician.

     (3) Comparisons of malpractice payment data shall be accompanied by:

     (i) An explanation of the fact that physicians treating certain patients and performing

certain procedures are more likely to be the subject of litigation than others and that the comparison

given is for physicians who perform procedures and treat patients with a similar degree of risk;

     (ii) A statement that the report reflects data since September 1, 1988, or for the last ten (10)

years and the recipient should take into account the number of years the physician has been in

practice when considering the data;

     (iii) An explanation that an incident, giving rise to a malpractice claim, may have occurred

years before any payment was made due to the time lawsuits take to move through the legal system;

     (iv) An explanation of the effect of treating high-risk patients on a physician’s malpractice

history; and

     (v) An explanation that malpractice cases may be settled for reasons other than liability

and that settlements are sometimes made by the insurer without the physician’s consent.

     (4) Information concerning all settlements shall be accompanied by the following

statement: “Settlement of a claim may occur for a variety of reasons that do not necessarily reflect

negatively on the professional competence or conduct of the physician. A payment in settlement of

a medical malpractice action or claim should not be construed as creating a presumption that

medical malpractice has occurred.” Nothing in this section shall be construed to limit or prevent

the board from providing further explanatory information regarding the significance of categories

in which settlements are reported.

     (5) Pending malpractice claims and actual amounts paid by or on behalf of a physician in

connection with a malpractice judgment, award, or settlement shall not be disclosed by the board

to the public. Nothing in this section shall be construed to prevent the board from investigating and

disciplining a licensee on the basis of medical malpractice claims that are pending.

     (6) The following information shall be reported to the board by the physician and shall be

included in physician profiles, subject to the limitations and requirements specified in this

subdivision subsection (a)(6):

     (i) Specialty board certification;

     (ii) Number of years in practice;

     (iii) Names of the hospitals where the physician has privileges;

     (iv) Appointments to medical school faculties and indication as to whether a physician has

a responsibility for graduate medical education within the most recent ten (10) years;

     (v) Information regarding publications in peer-reviewed medical literature within the most

recent ten (10) years;

     (vi) Information regarding professional or community service activities and awards;

     (vii) The location of the physician’s primary practice setting; and

     (viii) The identification of any language translating services that may be available at the

physician’s primary practice location; provided, that a statement is included in the profile indicating

that these services may be temporary and that the physician’s office should first be contacted to

confirm the present availability of language translation.

     (b) A physician may elect to have his or her their profile omit certain information provided

pursuant to subsections (a)(6)(iv) — (a)(6)(vi) of this section, concerning academic appointments

and teaching responsibilities, publication in peer-reviewed journals, and professional and

community service awards. In collecting information for these profiles and disseminating it, the

board shall inform physicians that they may choose not to provide any information required

pursuant to subsections (a)(6)(iv) — (a)(6)(vi) of this section.

     (c) A physician profile shall not include the personal residence address, personal telephone

number, personal email address, or other personal contact information of the physician.

     (d)(1) The board shall provide individual physicians with a copy of their profiles prior to

initial release to the public and each time a physician’s profile is modified or amended based on

information not personally supplied to the board by the physician or not generated by the board

itself.

     (2) Prior to initial release to the public and upon each modification or amendment requiring

physician review as provided in this subsection, a physician shall be provided not less than twenty-

one (21) calendar days to correct factual inaccuracies that appear in his or her the physician’s

profile.

     (3) If a dispute arises between a physician and the board regarding the accuracy of factual

information in the physician’s profile, the physician shall notify the board, in writing, of this

dispute.

     (4) If a physician does not notify the board of a dispute during the twenty-one-day (21)

review period, the profile shall be released to the public and the physician will be deemed to have

approved the profile and all information contained in the profile.

     (5) If a physician notifies the board of a dispute in accordance with this subsection, the

physician’s profile shall be released to the public without the disputed information, but with a

statement to the effect that information in the identified category is currently the subject of a dispute

and is not available at this time.

     (6) Within ten (10) calendar days after the board’s receipt of notice of a dispute, the

physician and the board or its authorized representative shall in good faith enter into discussions,

which may continue for up to thirty (30) days, to resolve the dispute. If the dispute is not resolved

within thirty (30) days, the disputed information shall be included in the profile with a statement

that this information is disputed by the physician.

     (d)(e) Each profile shall contain a statement specifying the date of its last modification,

amendment, or update. If a physician has reviewed and approved or been deemed to have approved

his or her the physician’s profile in accordance with this subsection, the physician is responsible

for the accuracy of the information contained in it. If a profile is released to the public without

physician review as required by this subsection, then notwithstanding any immunity from liability

granted by § 5-37-1.5 or § 23-1-32, the board or any state agency supplying physician information

to the board is solely responsible for the accuracy of the information it generates or supplies and

that is contained in physician profiles released to the public.

     (e)(f) In order to protect against the unauthorized use or disclosure of provider profiles by

department of health employees with access to the data, the department of health shall apply its

existing safeguards and procedures for protecting confidential information to physician profile

information.

     (f)(g) For each profile provided to the public by the board, the board may charge no more

than fifty cents ($.50) per page or three dollars ($3.00) per profile, whichever is greater.

 

57)

Section

Amended By Chapter Numbers:

 

5-37.3-3

352 and 353

 

 

5-37.3-3. Definitions.

     As used in this chapter:

     (1) “Authorized representative” means:

     (i) A person empowered by the patient/client to assert or to waive the confidentiality, or to

disclose or consent to the disclosure of confidential information, as established by this chapter. That

person is not, except by explicit authorization, empowered to waive confidentiality or to disclose

or consent to the disclosure of confidential information;

     (ii) A guardian or conservator, if the person whose right to confidentiality is protected

under this chapter is incompetent to assert or waive that right;

     (iii) If the patient/client is deceased, his or her their personal representative or, in the

absence of that representative, his or her heirs-at-law any heir-at-law; or

     (iv) A patient’s attorney.

     (2) “Board of medical licensure and discipline” means the board created under chapter 37

of this title.

     (3)(i) “Confidential healthcare communication” means a communication of healthcare

information by an individual to a healthcare provider, including a transcription of any information,

not intended to be disclosed to third persons except if those persons are:

     (A) Present to further the interest of the patient in the consultation, examination, or

interview;

     (B) Reasonably necessary for the transmission of the communication; or

     (C) Participating in the diagnosis and treatment under the direction of the healthcare

provider, including members of the patient’s family.

     (ii) “Confidential healthcare information” means all information relating to a patient’s

healthcare history, diagnosis, condition, treatment, or evaluation obtained from a healthcare

provider who has treated the patient.

     (4) “Healthcare provider” means any person licensed by this state to provide or lawfully

providing healthcare services, including, but not limited to, a physician, hospital, intermediate-care

facility or other healthcare facility, dentist, nurse, optometrist, podiatrist, physical therapist,

psychiatric social worker, pharmacist, or psychologist, and any officer, employee, or agent of that

provider acting in the course and scope of his or her their employment or agency related to or

supportive of health services.

     (5) “Healthcare services” means acts of diagnosis, treatment, medical evaluation, or

counseling or any other acts that may be permissible under the healthcare licensing statutes of this

state.

     (6) “Managed-care contractor” means a person that:

     (i) Establishes, operates, or maintains a network of participating providers;

     (ii) Conducts or arranges for utilization review activities; and

     (iii) Contracts with an insurance company, a hospital or medical-service plan, an employer,

an employee organization, or any other entity providing coverage for healthcare services to operate

a managed-care plan.

     (7) “Managed-care entity” includes a licensed insurance company, hospital, or medical-

service plan, health-maintenance organization, an employer or employee organization, or a

managed-care contractor as described in subsection (6) of this section, that operates a managed-

care plan.

     (8) “Managed-care plan” means a plan operated by a managed-care entity as described in

subsection (7), that provides for the financing and delivery of healthcare services to persons

enrolled in the plan through:

     (i) Arrangements with selected providers to furnish healthcare services;

     (ii) Explicit standards for the selection of participating providers;

     (iii) Organizational arrangements for ongoing quality assurance, utilization-review

programs, and dispute resolution; and

     (iv) Financial incentives for persons enrolled in the plan to use the participating providers

and procedures provided for by the plan.

     (9) “Medical peer-review board” means a peer-review board under chapter 37 of this title.

     (10) “Nurse” means a registered nurse or licensed practical nurse licensed to practice

nursing in the state.

     (11) “Participating provider” means a physician, hospital, pharmacy, laboratory, dentist, or

other state-licensed or other state-recognized provider of healthcare services or supplies, that has

entered into an agreement with a managed-care entity to provide any services or supplies to a patient

enrolled in a managed-care plan.

     (12) “Patient” means a person who receives healthcare services from a healthcare provider.

     (13) “Personally identifiable confidential healthcare information” means confidential

healthcare information, which explicitly or by implication identifies a particular patient.

     (14) “Physician” means a person registered or licensed to practice allopathic or osteopathic

medicine in this state under Rhode Island general laws.

     (15) “Psychiatric social worker” means a person holding a master’s or further-advanced

degree from a school of social work accredited by the council of social work education.

     (16) “Psychologist” means a certified psychologist under chapter 44 of this title.

     (17) “Qualified personnel” means persons whose training and experience are appropriate

to the nature and level of the work in which they are engaged and who, when working as part of an

organization, are performing that work with published and adequate administrative safeguards

against disclosure unauthorized under this chapter.

     (18) “Third party” means a person other than the patient to whom the confidential

healthcare information relates and other than a healthcare provider.

     (19) “Third-party requestor” means any person or entity presenting a patient-signed Health

Insurance Portability and Accountability Act (HIPAA)-compliant authorization allowing them to

obtain a copy of the patient’s medical records or reports.

 

 

 

 

 

 

 

58)

Section

Added By Chapter Numbers:

 

5-37.8

260 and 261

 

 

CHAPTER 37.8

PROTECTIONS FOR HEALTHCARE PROVIDERS ACT

 

 

59)

Section

Added By Chapter Numbers:

 

5-37.8-1

260 and 261

 

 

5-37.8-1. License protections for providers of legally protected healthcare activity.

     (a) As used in this chapter:

     (1) “Aiding and assisting with legally protected healthcare activity” has the same meaning

as set forth in § 23-100101-2.

     (2) “Healthcare provider” means:

     (i) A qualified physician licensed pursuant to chapters 37 and 37.3 of this title 5;

     (ii) A qualified osteopathic physician licensed pursuant to chapter 37 of this title 5;

     (iii) A qualified physician assistant licensed pursuant to chapter 54 of this title 5;

     (iv) A genetic counselor licensed pursuant to chapter 92 of this title 5;

     (v) A qualified psychologist licensed pursuant to chapter 44 of this title 5;

     (vi) A qualified social worker licensed pursuant to chapter 39.1 of this title 5;

     (vii) An advanced practice registered nurse, and a certified nurse practitioner, licensed

pursuant to chapter 34 of this title 5, and a certified registered nurse anesthetist licensed pursuant

to chapters 34 and 34.2 of this title 5;

     (viii) A certified nurse midwife licensed pursuant to chapter 13 of title 23;

     (ix) A licensed clinical mental health counselor or associate, and a licensed marriage and

family therapist or associate, licensed pursuant to chapter 63.2 of this title 5;

     (x) An electrologist licensed pursuant to chapter 32 of this title 5;

     (xi) A speech-language pathologist licensed pursuant to chapter 48 of this title 5;

     (xii) An occupational therapist licensed pursuant to chapter 40.1 of this title 5;

     (xiii) A chiropractic physician licensed pursuant to chapter 30 of this title 5; and

     (xiv) A pharmacist engaging in the practice of pharmacy and licensed pursuant to chapter

19.1 of this title 5.

      (3) “Legally protected healthcare activity” has the same meaning as set forth in § 23-

100101-2.

     (4) "Prohibited action" means:

     (i) Refusing to issue a malpractice policy;

     (ii) Charging higher rates for a malpractice policy, including malpractice policies that

include coverage for cross-border care;

     (iii) Canceling or terminating a malpractice policy;

     (iv) Refusing to renew a malpractice policy; or

     (v) Imposing any sanctions, fines, penalties, or rate increases.

     (b) No healthcare provider who is certified, registered, or licensed in Rhode Island shall be

subject to professional disciplinary action by a board or the director, including the revocation,

suspension, or cancellation of the certificate, or registration or reprimand, censure or monetary fine

nor shall a board or the director refuse to issue, renew, or take adverse action on an application for

certification, registration, or licensure of a qualified healthcare provider based solely on:

     (1) The healthcare provider engaging in legally protected healthcare or aiding and assisting

with legally protected healthcare activity;

     (2) A criminal, civil, or disciplinary action, including license suspension or revocation, in

another state against the healthcare provider that is based on the provider engaging in legally

protected healthcare activity or aiding and assisting with legally protected healthcare activity; or

     (3) A criminal, civil, or disciplinary action, including license suspension or revocation, in

another state against the healthcare provider that is based solely on the provider violating another

state’s law prohibiting legally protected healthcare activity or aiding and assisting with legally

protected healthcare activity.

     (c)(1) Notwithstanding any general or special law to the contrary, no person may be subject

to discipline by a board or director, including the revocation, suspension, or cancellation of the

certificate of registration or reprimand, censure or monetary fine, for providing or assisting in the

provision of reproductive health care healthcare services or gender-affirming health care

healthcare services, as those terms are defined in chapter 100101 of title 23 (“healthcare provider

shield act”), or for any judgment, discipline, or other sanction arising solely from such health care

healthcare services if the services as provided would have been lawful and consistent with the

applicable professional standard of care if they occurred entirely in the state.

     (2) Except as authorized by state or federal law, the board or director may not make

available for public dissemination on a healthcare provider’s individual profile the record of any

criminal conviction or charge for a felony or serious misdemeanor, final disciplinary action by a

licensing board in another state, or arbitration award or settlement that resulted solely from

providing or assisting in the provision of reproductive health care healthcare services or gender-

affirming health care healthcare services or for any judgment, discipline, or other sanction arising

solely from such legally protected health care healthcare services if the services as provided would

have been lawful and consistent with the applicable professional standard of care if they occurred

entirely in the state. The board or director may not take adverse action on an application for

registration of a qualified healthcare provider based on a criminal or civil action, disciplinary action

by a licensing board of another state, or a medical malpractice claim in another state arising solely

from the provision of reproductive health care healthcare services or gender-affirming health care

healthcare services that, as provided, would have been lawful and consistent with the applicable

professional standard of care if they occurred entirely in the state.

     (3) Nothing in this section shall be construed to regulate the practice of medicine in any

other state.

 

60)

Section

Added By Chapter Numbers:

 

5-37.8-2

260 and 261

 

 

5-37.8-2. Insurance protections for providers of legally protected healthcare activity.

     (a) An insurer that issues malpractice insurance for a healthcare provider who is certified,

registered, or licensed in Rhode Island may not take a prohibited action against an applicant for or

the named insured under a malpractice policy in this state because the applicant or insured engaged

in a legally protected healthcare activity or aiding and assisting with legally protected healthcare

activity in this state, as long as the care provided by the applicant or insured was consistent with

the applicable professional standard of care and/or did not violate Rhode Island law.

     (b) A carrier may not refuse to credential an applicant, or terminate a participating

healthcare provider’s participation, in a provider network based solely on the applicant’s or

participating healthcare provider’s engagement in legally protected healthcare activity, or aiding

and assisting with legally protected health care healthcare activity, provided that the care provided

by the applicant or insured was consistent with the applicable professional standard of care and/or

did not violate Rhode Island law.

     (c) A carrier may not take adverse action against a healthcare provider or subject the

healthcare provider to financial disincentives based solely on the provider engaging in legally

protected healthcare activity, or aiding and assisting with legally protected healthcare activity, as

long as the care provided was consistent with the applicable professional standard of care and/or

did not violate the law of this state. Adverse action in this section means refusing or failing to pay

a provider for otherwise covered services as defined in the applicable health benefit plan.

     (d) No medical malpractice insurer may discriminate against a provider or adjust or

otherwise calculate a provider’s risk classification or premium charges because, applying the

definitions set forth in chapter 100101 of title 23 (“healthcare provider shield”):

     (1) The health care healthcare provider offers reproductive health care healthcare services

or gender-affirming health care healthcare services that are unlawful in another state;

     (2) Another state’s laws create potential or actual liability for those services; or

     (3) Hostile litigation against a healthcare provider concerning reproductive health care

healthcare services or gender-affirming health care healthcare services resulted in a judgment

against the healthcare provider, if such health care healthcare services would be lawful and

consistent with the applicable professional standard of care as provided if they occurred entirely in

this state.

 

61)

Section

Added By Chapter Numbers:

 

5-37.8-3

260 and 261

 

 

5-37.8-3. Employment Protections for providers of legally protected healthcare activity.

     An employer, agency, or institution shall not take any adverse action, including but not

limited to, restricting or terminating any health care healthcare provider’s employment or ability

to practice as a result of an adverse action against the health care healthcare provider’s license or

other disciplinary action by another state or institution that resulted from the health care healthcare

provider’s engagement in legally protected healthcare activity, as defined in § 23-100101-2, or

aiding and assisting with legally protected health care healthcare activity, as defined in § 23-

100101-2, if the adverse action was based solely on a violation of the other state’s law prohibiting

such legally protected health care healthcare activity and related services, if that legally protected

health care healthcare activity is consistent with the applicable professional standard of care and

did not violate Rhode Island law.

 

62)

Section

Added By Chapter Numbers:

 

5-39.2

268 and 269

 

 

CHAPTER 39.2

SOCIAL WORK LICENSURE COMPACT

 

63)

Section

Added By Chapter Numbers:

 

5-39.2-1

268 and 269

 

 

5-39.2-1. Purpose.

     (a) The purpose of this compact is to facilitate interstate practice of regulated social workers

by improving public access to competent social work services. The compact preserves the

regulatory authority of states to protect public health and safety through the current system of state

licensure.

     (b) This compact is designed to achieve the following objectives:

     (1) Increase public access to social work services;

     (2) Reduce overly burdensome and duplicative requirements associated with holding

multiple licenses;

     (3) Enhance the member states' ability to protect the public's health and safety;

     (4) Encourage the cooperation of member states in regulating multistate practice;

     (5) Promote mobility and address workforce shortages by eliminating the necessity for

licenses in multiple states by providing for the mutual recognition of other member state licenses;

     (6) Support military families;

     (7) Facilitate the exchange of licensure and disciplinary information among member states;

     (8) Authorize all member states to hold a regulated social worker accountable for abiding

by a member state's laws, regulations, and applicable professional standards in the member state in

which the client is located at the time care is rendered; and

     (9) Allow for the use of telehealth to facilitate increased access to regulated social work

services.

 

 

 

 

64)

Section

Added By Chapter Numbers:

 

5-39.2-2

268 and 269

 

 

5-39.2-2. Definitions.

     As used in this compact, and except as otherwise provided, the following definitions shall

apply:

     (1) "Active military member" means any individual with full-time duty status in the active

armed forces of the United States including members of the National Guard and Reserve.

     (2) "Adverse action" means any administrative, civil, equitable, or criminal action

permitted by a state's laws which is imposed by a licensing authority or other authority against a

regulated social worker, including actions against an individual's license or multistate authorization

to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the

licensee's practice, or any other encumbrance on licensure affecting a regulated social worker's

authorization to practice, including issuance of a cease and desist action.

     (3) "Alternative program" means a non-disciplinary monitoring or practice remediation

process approved by a licensing authority to address practitioners with an impairment.

     (4) "Charter member states" means member states who that have enacted legislation to

adopt this compact where such legislation predates the effective date of this compact as described

in § 5-39.2-14.

     (5) "Compact commission" or "commission" means the government agency whose

membership consists of all states that have enacted this compact, which is known as the social work

licensure compact commission, as described in § 5-39.2-10, and which that shall operate as an

instrumentality of the member states.

     (6) "Current significant investigative information" means:

     (i) Investigative information that a licensing authority, after a preliminary inquiry that

includes notification and an opportunity for the regulated social worker to respond has reason to

believe is not groundless and, if proved true, would indicate more than a minor infraction as may

be defined by the commission; or

     (ii) Investigative information that indicates that the regulated social worker represents an

immediate threat to public health and safety, as may be defined by the commission, regardless of

whether the regulated social worker has been notified and has had an opportunity to respond.

     (7) "Data system" means a repository of information about licensees, including, continuing

education, examination, licensure, current significant investigative information, disqualifying

event, multistate license(s) and adverse action information, or other information as required by the

commission.

     (8) "Disqualifying event" means any adverse action or incident which that results in an

encumbrance that disqualifies or makes the licensee ineligible to either obtain, retain, or renew a

multistate license.

     (9) "Domicile" means the jurisdiction in which the licensee resides and intends to remain

indefinitely.

     (10) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and

unrestricted practice of social work licensed and regulated by a licensing authority.

     (11) "Executive committee" means a group of delegates elected or appointed to act on

behalf of, and within the powers granted to them by, the compact and commission.

     (12) "Home state" means the member state that is the licensee's primary domicile.

     (13) "Impairment" means a condition(s) that may impair a practitioner's ability to engage

in full and unrestricted practice as a regulated social worker without some type of intervention and

may include alcohol and drug dependence, mental health impairment, and neurological or physical

impairments.

     (14) "Licensee(s)" means an individual who currently holds a license from a state to

practice as a regulated social worker.

     (15) "Licensing authority" means the board or agency of a member state, or equivalent,

that is responsible for the licensing and regulation of regulated social workers.

     (16) "Member state" means a state, commonwealth, district, or territory of the United States

of America that has enacted this compact.

     (17) "Multistate authorization to practice" means a legally authorized privilege to practice,

which is equivalent to a license, associated with a multistate license permitting the practice of social

work in a remote state.

     (18) "Multistate license" means a license to practice as a regulated social worker issued by

a home state licensing authority that authorizes the regulated social worker to practice in all member

states under multistate authorization to practice.

     (19) "Qualifying national exam" means a national licensing examination approved by the

commission.

     (20) "Regulated social worker" means any clinical, master's, or bachelor's social worker

licensed by a member state regardless of the title used by that member state.

     (21) "Remote state" means a member state other than the licensee's home state.

     (22) "Rule(s)" or "rule(s) of the commission" means a regulation or regulations duly

promulgated by the commission, as authorized by the compact, that has the force of law.

     (23) "Single-state license" means a social work license issued by any state that authorizes

practice only within the issuing state and does not include multistate authorization to practice in

any member state.

     (24) "Social work" or "social work services" means the application of social work theory,

knowledge, methods, ethics, and the professional use of self to restore or enhance social,

psychosocial, or biopsychosocial functioning of individuals, couples, families, groups,

organizations, and communities through the care and services provided by a regulated social worker

as set forth in the member state's statutes and regulations in the state where the services are being

provided.

     (25) "State" means any state, commonwealth, district, or territory of the United States of

America that regulates the practice of social work.

     (26) "Unencumbered license" means a license that authorizes a regulated social worker to

engage in the full and unrestricted practice of social work.

 

65)

Section

Added By Chapter Numbers:

 

5-39.2-3

268 and 269

 

 

5-39.2-3. State participation in the compact.

     (a) To be eligible to participate in the compact, a potential member state shall currently

meet all of the following criteria:

     (1) License and regulate the practice of social work at either the clinical, master's, or

bachelor's category;

     (2) Require applicants for licensure to graduate from a program that is:

     (i) Operated by a college or university recognized by the licensing authority;

     (ii) Accredited, or in candidacy by an institution that subsequently becomes accredited, by

an accrediting agency recognized by either:

     (A) The council for higher education accreditation Council for Higher Education

Accreditation, or its successor; or

     (B) The United States Department of Education; and

     (iii) Corresponds to the licensure sought as outlined in § 5-39.2-4;

     (3) Require applicants for clinical licensure to complete a period of supervised practice;

and

     (4) Have a mechanism in place for receiving, investigating, and adjudicating complaints

about licensees.

     (b) To maintain membership in the compact, a member state shall:

     (1) Require that applicants for a multistate license pass a qualifying national exam for the

corresponding category of multistate license sought as outlined in § 5-39.2-4;

     (2) Participate fully in the commission's data system, including using the commission's

unique identifier as defined in rules;

     (3) Notify the commission, in compliance with the terms of the compact and rules, of any

adverse action or the availability of current significant investigative information regarding a

licensee;

     (4) Implement procedures for considering the criminal history records of applicants for a

multistate license. Such procedures shall include the submission of fingerprints or other biometric-

based information by applicants for the purpose of obtaining an applicant's criminal history record

information from the Federal Bureau of Investigation and the agency responsible for retaining that

state's criminal records;

     (5) Comply with the rules of the commission;

     (6) Require an applicant to obtain or retain a license in the home state and meet the home

state's qualifications for licensure or renewal of licensure, as well as all other applicable home state

laws;

     (7) Authorize a licensee holding a multistate license in any member state to practice in

accordance with the terms of the compact and rules of the commission; and

     (8) Designate a delegate to participate in the commission meetings.

     (c) A member state meeting the requirements of §§ 5-39.2-3(a) and 5-39.2-3(b)

subsections (a) and (b) of this section shall designate the categories of social work licensure that

are eligible for issuance of a multistate license for applicants in such member state. To the extent

that any member state does not meet the requirements for participation in the compact at any

particular category of social work licensure, such member state may choose, but is not obligated

to, issue a multistate license to applicants that otherwise meet the requirements of § 5-39.2-4 for

issuance of a multistate license in such category or categories of licensure.

     (d) The home state may charge a fee for granting the multistate license.

 

66)

Section

Added By Chapter Numbers:

 

5-39.2-4

268 and 269

 

 

5-39.2-4. Social worker participation in the compact.

     (a) To be eligible for a multistate license under the terms and provisions of the compact,

an applicant, regardless of category shall:

     (1) Hold or be eligible for an active, unencumbered license in the home state;

     (2) Pay any applicable fees, including any state fee, for the multistate license;

     (3) Submit, in connection with an application for a multistate license, fingerprints or other

biometric data for the purpose of obtaining criminal history record information from the Federal

Bureau of Investigation and the agency responsible for retaining that state's criminal records;

     (4) Notify the home state of any adverse action, encumbrance, or restriction on any

professional license taken by any member state or non-member state within thirty (30) days from

the date the action is taken;

     (5) Meet any continuing competence requirements established by the home state; and

     (6) Abide by the laws, regulations, and applicable standards in the member state where the

client is located at the time care is rendered.

     (b) An applicant for a clinical-category multistate license shall meet all of the following

requirements:

     (1) Fulfill a competency requirement, which shall be satisfied by either:

     (i) Passage of a clinical-category qualifying national exam; or

     (ii) Licensure of the applicant in their home state at the clinical category, beginning prior

to such time as a qualifying national exam was required by the home state and accompanied by a

period of continuous social work licensure thereafter, all of which may be further governed by the

rules of the commission; or

     (iii) The substantial equivalency of the foregoing competency requirements which the

commission may determine by rule;

     (2) Attain at least a master's degree in social work from a program that is:

     (i) Operated by a college or university recognized by the licensing authority; and

     (ii) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting

agency recognized by either:

     (A) The council Council for higher education accreditation Higher Education

Accreditation or its successor; or

     (B) The United States Department of Education; and

     (3) Fulfill a practice requirement, which shall be satisfied by demonstrating completion of

either:

     (i) A period of postgraduate supervised clinical practice equal to a minimum of three

thousand (3,000) hours;

     (ii) A minimum of two (2) years of full-time postgraduate supervised clinical practice; or

     (iii) The substantial equivalency of the foregoing practice requirements which the

commission may determine by rule.

     (c) An applicant for a master's-category multistate license shall meet all of the following

requirements:

     (1) Fulfill a competency requirement, which shall be satisfied by either:

     (i) Passage of a masters-category qualifying national exam;

     (ii) Licensure of the applicant in their home state at the master's category, beginning prior

to such time as a qualifying national exam was required by the home state at the master's category

and accompanied by a continuous period of social work licensure thereafter, all of which may be

further governed by the rules of the commission; or

     (iii) The substantial equivalency of the foregoing competency requirements which the

commission may determine by rule.

     (b2) Attain at least a master's degree in social work from a program that is:

     (1i) Operated by a college or university recognized by the licensing authority; and

     (2(ii)) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting

agency recognized by either:

     (iA) The council for higher education accreditation Council for Higher Education

Accreditation or its successor; or

     (iiB) The United States Department of Education.

     (cd) An applicant for a bachelor's-category multistate license shall meet all of the following

requirements:

     (1) Fulfill a competency requirement, which shall be satisfied by either:

     (i) Passage of a bachelor's-category qualifying national exam;

     (ii) Licensure of the applicant in their home state at the bachelor's category, beginning prior

to such time as a qualifying national exam was required by the home state and accompanied by a

period of continuous social work licensure thereafter, all of which may be further governed by the

rules of the commission; or

     (iii) The substantial equivalency of the foregoing competency requirements which the

commission may determine by rule.

     (2) Attain at least a bachelor's degree in social work from a program that is:

     (i) Operated by a college or university recognized by the licensing authority; and

     (ii) Accredited, or in candidacy that subsequently becomes accredited, by an accrediting

agency recognized by either:

     (A) The council Council for higher education accreditation Higher Education

Accreditation or its successor; or

     (B) The United States Department of Education.

     (de) The multistate license for a regulated social worker is subject to the renewal

requirements of the home state. The regulated social worker shall maintain compliance with the

requirements of § 5-39.2-4(a) subsection (a) of this section to be eligible to renew a multistate

license.

     (ef) The regulated social worker's services in a remote state are subject to that member

state's regulatory authority. A remote state may, in accordance with due process and that member

state's laws, remove a regulated social worker's multistate authorization to practice in the remote

state for a specific period of time, impose fines, and take any other necessary actions to protect the

health and safety of its citizens.

     (fg) If a multistate license is encumbered, the regulated social worker's multistate

authorization to practice shall be deactivated in all remote states until the multistate license is no

longer encumbered.

     (gh) If a multistate authorization to practice is encumbered in a remote state, the regulated

social worker's multistate authorization to practice may be deactivated in that state until the

multistate authorization to practice is no longer encumbered.

 

67)

Section

Added By Chapter Numbers:

 

5-29.2-5

268 and 269

 

 

5-39.2-5. Issuance of a multistate license.

     (a) Upon receipt of an application for multistate license, the home state licensing authority

shall determine the applicant's eligibility for a multistate license in accordance with § 5-39.2-4.

     (b) If such applicant is eligible pursuant to § 5-39.2-4, the home state licensing authority

shall issue a multistate license that authorizes the applicant or regulated social worker to practice

in all member states under a multistate authorization to practice.

     (c) Upon issuance of a multistate license, the home state licensing authority shall designate

whether the regulated social worker holds a multistate license in the bachelor's, master's, or clinical

category of social work.

     (d) A multistate license issued by a home state to a resident in that state shall be recognized

by all compact member states as authorizing social work practice under a multistate authorization

to practice corresponding to each category of licensure regulated in each member state.

 

68)

Section

Added By Chapter Numbers:

 

5-29.2-6

268 and 269

 

 

5-39.2-6. Authority of interstate compact commission and member state licensing

authorities.

     (a) Nothing in this compact, nor any rule of the commission, shall be construed to limit,

restrict, or in any way reduce the ability of a member state to enact and enforce laws, regulations,

or other rules related to the practice of social work in that state, where those laws, regulations, or

other rules are not inconsistent with the provisions of this compact.

     (b) Nothing in this compact shall affect the requirements established by a member state for

the issuance of a single-state license.

     (c) Nothing in this compact, nor any rule of the commission, shall be construed to limit,

restrict, or in any way reduce the ability of a member state to take adverse action against a licensee's

single-state license to practice social work in that state.

     (d) Nothing in this compact, nor any rule of the commission, shall be construed to limit,

restrict, or in any way reduce the ability of a remote state to take adverse action against a licensee's

multistate authorization to practice in that state.

     (e) Nothing in this compact, nor any rule of the commission, shall be construed to limit,

restrict, or in any way reduce the ability of a licensee's home state to take adverse action against a

licensee's multistate license based upon information provided by a remote state.

 

69)

Section

Added By Chapter Numbers:

 

5-39.2-7

268 and 269

 

 

5-39.2-7. Reissuance of a multistate license by a new home state.

     (a) A licensee can hold a multistate license, issued by their home state, in only one member

state at any given time.

     (b) If a licensee changes their home state by moving between two (2) member states:

     (1) The licensee shall immediately apply for the reissuance of their multistate license in

their new home state. The licensee shall pay all applicable fees and notify the prior home state in

accordance with the rules of the commission.

     (2) Upon receipt of an application to reissue a multistate license, the new home state shall

verify that the multistate license is active, unencumbered, and eligible for reissuance under the

terms of the compact and the rules of the commission. The multistate license issued by the prior

home state will be deactivated and all member states notified in accordance with the applicable

rules adopted by the commission.

     (3) Prior to the reissuance of the multistate license, the new home state shall conduct

procedures for considering the criminal history records of the licensee. Such procedures shall

include the submission of fingerprints or other biometric-based information by applicants for the

purpose of obtaining an applicant's criminal history record information from the Federal Bureau of

Investigation and the agency responsible for retaining that state's criminal records.

     (4) If required for initial licensure, the new home state may require completion of

jurisprudence requirements in the new home state.

     (5) Notwithstanding any other provision of this compact, if a licensee does not meet the

requirements set forth in this compact for the reissuance of a multistate license by the new home

state, then the licensee shall be subject to the new home state requirements for the issuance of a

single-state license in that state.

     (c) If a licensee changes their primary state of residence by moving from a member state

to a non-member state, or from a non-member state to a member state, then the licensee shall be

subject to the state requirements for the issuance of a single-state license in the new home state.

     (d) Nothing in this compact shall interfere with a licensee's ability to hold a single-state

license in multiple states; however, for the purposes of this compact, a licensee shall have only one

home state, and only one multistate license.

     (e) Nothing in this compact shall interfere with the requirements established by a member

state for the issuance of a single state license.

 

70)

Section

Added By Chapter Numbers:

 

5-39.2-8

268 and 269

 

 

5-39.2-8. Military families.

     An active military member or their spouse shall designate a home state where the individual

has a multistate license. The individual may retain their home state designation during the period

the service member is on active duty.

 

71)

Section

Added By Chapter Numbers:

 

5-39.2-9

268 and 269

 

 

5-39.2-9. Adverse actions.

     (a) In addition to the other powers conferred by state law, a remote state shall have the

authority, in accordance with existing state due process law, to:

     (1) Take adverse action against a regulated social worker's multistate authorization to

practice only within that member state, and issue subpoenas for both hearings and investigations

that require the attendance and testimony of witnesses as well as the production of evidence.

Subpoenas issued by a licensing authority in a member state for the attendance and testimony of

witnesses or the production of evidence from another member state shall be enforced in the latter

state by any court of competent jurisdiction, according to the practice and procedure of that court

applicable to subpoenas issued in proceedings pending before it. The issuing licensing authority

shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes

of the state in which the witnesses or evidence are located.

     (2) Only the home state shall have the power to take adverse action against a regulated

social worker's multistate license.

     (b) For purposes of taking adverse action, the home state shall give the same priority and

effect to reported conduct received from a member state as it would if the conduct had occurred

within the home state. In so doing, the home state shall apply its own state laws to determine

appropriate action.

     (c) The home state shall complete any pending investigations of a regulated social worker

who changes their home state during the course of the investigations. The home state shall also

have the authority to take appropriate action(s) and shall promptly report the conclusions of the

investigations to the administrator of the data system. The administrator of the data system shall

promptly notify the new home state of any adverse actions.

     (d) A member state, if otherwise permitted by state law, may recover from the affected

regulated social worker the costs of investigations and dispositions of cases resulting from any

adverse action taken against that regulated social worker.

     (e) A member state may take adverse action based on the factual findings of another

member state; provided that, the member state follows its own procedures for taking the adverse

action.

     (f) Joint investigations:

     (1) In addition to the authority granted to a member state by its respective social work

practice act or other applicable state law, any member state may participate with other member

states in joint investigations of licensees.

     (2) Member states shall share any investigative, litigation, or compliance materials in

furtherance of any joint or individual investigation initiated under the compact.

     (g) If adverse action is taken by the home state against the multistate license of a regulated

social worker, the regulated social worker's multistate authorization to practice in all other member

states shall be deactivated until all encumbrances have been removed from the multistate license.

All home state disciplinary orders that impose adverse action against the license of a regulated

social worker shall include a statement that the regulated social worker's multistate authorization

to practice is deactivated in all member states until all conditions of the decision, order or agreement

are satisfied.

     (h) If a member state takes adverse action, it shall promptly notify the administrator of the

data system, the administrator of the data system shall promptly notify the home state and all other

member states of any adverse actions by remote states.

     (i) Nothing in this compact shall override a member state's decision that participation in an

alternative program may be used in lieu of adverse action.

     (j) Nothing in this compact shall authorize a member state to demand the issuance of

subpoenas for attendance and testimony of witnesses or the production of evidence from another

member state for lawful actions within that member state.

     (k) Nothing in this compact shall authorize a member state to impose discipline against a

regulated social worker who holds a multistate authorization to practice for lawful actions within

another member state.

 

 

 

 

 

 

 

72)

Section

Added By Chapter Numbers:

 

5-39.2-10

268 and 269

 

 

5-39.2-10. Establishment of social work licensure compact commission.

     (a) The compact member states hereby create and establish a joint government agency

whose membership consists of all member states that have enacted the compact known as the social

work licensure compact commission Social Work Licensure Compact Commission. The

commission is an instrumentality of the compact states acting jointly and not an instrumentality of

any one state. The commission shall come into existence on or after the effective date of the

compact as set forth in § 5-39.2-14.

     (b) Membership, voting, and meetings.

     (1) Each member state shall have and be limited to one delegate selected by that member

state's state licensing authority.

     (2) The delegate shall be either:

     (i) A current member of the state licensing authority at the time of appointment, who is a

regulated social worker or public member of the state licensing authority; or

     (ii) An administrator of the state licensing authority or their designee.

     (3) The commission shall by rule or bylaw establish a term of office for delegates and may

by rule or bylaw establish term limits.

     (4) The commission may recommend removal or suspension of any delegate from office.

     (5) A member state's state licensing authority shall fill any vacancy of its delegate occurring

on the commission within sixty (60) days of the vacancy.

     (6) Each delegate shall be entitled to one vote on all matters before the commission

requiring a vote by commission delegates.

     (7) A delegate shall vote in person or by such other means as provided in the bylaws. The

bylaws may provide for delegates to meet by telecommunication, videoconference, or other means

of communication.

     (8) The commission shall meet at least once during each calendar year. Additional meetings

may be held as set forth in the bylaws. The commission may meet by telecommunication,

videoconference, or other similar electronic means.

     (c) The commission shall have the following powers:

     (1) Establish the fiscal year of the commission;

     (2) Establish code of conduct and conflict of interest policies;

     (3) Establish and amend rules and bylaws;

     (4) Maintain its financial records in accordance with the bylaws;

     (5) Meet and take such actions as are consistent with the provisions of this compact, the

commission's rules, and the bylaws;

     (6) Initiate and conclude legal proceedings or actions in the name of the commission;

provided that, the standing of any state licensing board to sue or be sued under applicable law shall

not be affected;

     (7) Maintain and certify records and information provided to a member state as the

authenticated business records of the commission, and designate an agent to do so on the

commission's behalf;

     (8) Purchase and maintain insurance and bonds;

     (9) Borrow, accept, or contract for services of personnel, including, but not limited to,

employees of a member state;

     (10) Conduct an annual financial review;

     (11) Hire employees, elect or appoint officers, fix compensation, define duties, grant such

individuals appropriate authority to carry out the purposes of the compact, and establish the

commission's personnel policies and programs relating to conflicts of interest, qualifications of

personnel, and other related personnel matters;

     (12) Assess and collect fees;

     (13) Accept any and all appropriate gifts, donations, grants of money, other sources of

revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same;

provided that, at all times the commission shall avoid any appearance of impropriety or conflict of

interest;

     (14) Lease, purchase, retain, own, hold, improve, or use any property, real, personal, or

mixed, or any undivided interest therein;

     (15) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any

property real, personal, or mixed;

     (16) Establish a budget and make expenditures;

     (17) Borrow money;

     (18) Appoint committees, including standing committees, composed 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;

     (19) Provide and receive information from, and cooperate with, law enforcement agencies;

     (20) Establish and elect an executive committee, including a chair and a vice chair;

     (21) Determine whether a state's adopted language is materially different from the model

compact language such that the state would not qualify for participation in the compact; and

     (22) Perform such other functions as may be necessary or appropriate to achieve the

purposes of this compact.

     (d) The executive committee.

     (1) The executive committee shall have the power to act on behalf of the commission

according to the terms of this compact. The powers, duties, and responsibilities of the executive

committee shall include:

     (i) Oversee the day-to-day activities of the administration of the compact including

enforcement and compliance with the provisions of the compact, its rules and bylaws, and other

such duties as deemed necessary;

     (ii) Recommend to the commission changes to the rules or bylaws, changes to this compact,

fees charged to compact member states, fees charged to licensees, and other fees;

     (iii) Ensure compact administration services are appropriately provided, including by

contract;

     (iv) Prepare and recommend the budget;

     (v) Maintain financial records on behalf of the commission;

     (vi) Monitor compact compliance of member states and provide compliance reports to the

commission;

     (vii) Establish additional committees as necessary;

     (viii) Exercise the powers and duties of the commission during the interim between

commission meetings, except for adopting or amending rules, adopting or amending bylaws, and

exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and

     (ix) Other duties as provided in the rules or bylaws of the commission.

     (2) The executive committee shall be composed of up to eleven (11) members:

     (i) The chair and vice chair of the commission shall be voting members of the executive

committee; and

     (ii) The commission shall elect five (5) voting members from the current membership of

the commission.

     (iii) Up to four (4) ex officio, nonvoting members from four (4) recognized national social

work organizations.

     (iv) The ex officio members will be selected by their respective organizations.

     (3) The commission may remove any member of the executive committee as provided in

the commission's bylaws.

     (4) The executive committee shall meet at least annually.

     (i) Executive committee meetings shall be open to the public, except that the executive

committee may meet in a closed, non-public meeting as provided in § 5-39.2-10(f)(2) subsection

(f)(2) of this section.

     (ii) The executive committee shall give seven (7) days' notice of its meetings, posted on its

website and as determined to provide notice to persons with an interest in the business of the

commission.

     (iii) The executive committee may hold a special meeting in accordance with § 5-39.2-

10(f)(1)(ii) subsection (f)(1)(ii) of this section.

     (e) The commission shall adopt and provide to the member states an annual report.

     (f) Meetings of the commission.

     (1) All meetings shall be open to the public, except that the commission may meet in a

closed, non-public meeting as provided in § 5-39.2-10(f)(2).

     (i) Public notice for all meetings of the full commission of meetings shall be given in the

same manner as required under the rulemaking provisions in § 5-39.2-12, except that the

commission may hold a special meeting as provided in § 5-39.2-10 subsection (f)(1)(ii) of this

section.

     (ii) The commission may hold a special meeting when it must meet to conduct emergency

business by giving forty-eight (48) hours' notice to all commissioners, on the commission's website,

and other means as provided in the commission's rules. The commission's legal counsel shall certify

that the commission's need to meet qualifies as an emergency.

     (2) The commission or the executive committee or other committees of the commission

may convene in a closed, non-public meeting for the commission or executive committee or other

committees of the commission to receive legal advice or to discuss:

     (i) Non-compliance of a member state with its obligations under the compact;

     (ii) The employment, compensation, discipline, or other matters, practices, or procedures

related to specific employees;

     (iii) Current or threatened discipline of a licensee by the commission or by a member state's

licensing authority;

     (iv) Current, threatened, or reasonably anticipated litigation;

     (v) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

     (vi) Accusing any person of a crime or formally censuring any person;

     (vii) Trade secrets or commercial or financial information that is privileged or confidential;

     (viii) Information of a personal nature where disclosure would constitute a clearly

unwarranted invasion of personal privacy;

     (ix) Investigative records compiled for law enforcement purposes;

     (x) Information related to any investigative reports prepared by or on behalf of or for use

of the commission or other committee charged with responsibility of investigation or determination

of compliance issues pursuant to the compact;

     (xi) Matters specifically exempted from disclosure by federal or member state law; or

     (xii) Other matters as promulgated by the commission by rule.

     (3) If a meeting, or portion of a meeting, is closed, the presiding officer shall state that the

meeting will be closed and reference each relevant exempting provision, and such reference shall

be recorded in the minutes.

     (4) The commission shall keep minutes that fully and clearly describe all matters discussed

in a meeting and shall provide a full and accurate summary of actions taken, 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.

     (g) 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 as provided in

subsection (c)(13) of this section.

     (3) The commission may levy on and collect an annual assessment from each member state

and impose fees on licensees of member states to whom it grants a multistate license to cover the

cost of the operations and activities of the commission and its staff, which shall 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 for member states shall be allocated based

upon a formula that the commission shall promulgate by rule.

     (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 member states,

except by and with the authority of the member 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 financial review and

accounting procedures established under its bylaws. However, all receipts and disbursements of

funds handled by the commission shall be subject to an annual financial review by a certified or

licensed public accountant, and the report of the financial review shall be included in and become

part of the annual report of the commission.

     (h) Qualified immunity, defense, and indemnification.

     (1) The members, officers, executive director, employees, and representatives of the

commission shall be immune from suit and liability, both personally and 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 section shall be

construed to protect any such person from suit or liability for any damage, loss, injury, or liability

caused by the intentional or willful or wanton misconduct of that person. The procurement of

insurance of any type by the commission shall not in any way compromise or limit the immunity

granted hereunder.

     (2) The commission shall defend any member, officer, executive director, employee, and

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 as determined by the commission 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 their own counsel at their own expense; 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, and 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.

     (4) Nothing in this section shall be construed as a limitation on the liability of any licensee

for professional malpractice or misconduct, which shall be governed solely by any other applicable

state laws.

     (5) Nothing in this compact shall be interpreted to waive or otherwise abrogate a member

state's state action immunity or state action affirmative defense with respect to antitrust claims

under the Sherman Act, Clayton Act, or any other state or federal antitrust or anticompetitive law

or regulation.

     (6) Nothing in this compact shall be construed to be a waiver of sovereign immunity by the

member states or by the commission.

 

73)

Section

Added By Chapter Numbers:

 

5-39.2-11

268 and 269

 

 

5-39.2-11. Data system.

     (a) The commission shall provide for the development, maintenance, operation, and

utilization of a coordinated data system.

     (b) The commission shall assign each applicant for a multistate license a unique identifier,

as determined by the rules of the commission.

     (c) Notwithstanding any other provision of state law to the contrary, a member state shall

submit a uniform data set to the data system on all individuals to whom this compact is applicable

as required by the rules of the commission, including:

     (1) Identifying information;

     (2) Licensure data;

     (3) Adverse actions against a license and information related thereto;

     (4) Non-confidential information related to alternative program participation, the

beginning and ending dates of such participation, and other information related to such participation

not made confidential under member state law;

     (5) Any denial of application for licensure, and the reason(s) for such denial;

     (6) The presence of current significant investigative information; and

     (7) Other information that may facilitate the administration of this compact or the

protection of the public, as determined by the rules of the commission.

     (d) The records and information provided to a member state pursuant to this compact or

through the data system, when certified by the commission or an agent thereof, shall constitute the

authenticated business records of the commission, and shall be entitled to any associated hearsay

exception in any relevant judicial, quasi-judicial, or administrative proceedings in a member state.

     (e) Current significant investigative information pertaining to a licensee in any member

state will only be available to other member states.

     (1) It is the responsibility of the member states to report any adverse action against a

licensee and to monitor the database to determine whether adverse action has been taken against a

licensee. Adverse action information pertaining to a licensee in any member state will be available

to any other member state.

     (f) Member states contributing information to the data system may designate information

that may not be shared with the public without the express permission of the contributing state.

     (g) Any information submitted to the data system that is subsequently expunged pursuant

to federal law or the laws of the member state contributing the information shall be removed from

the data system.

 

74)

Section

Added By Chapter Numbers:

 

5-39.2-12

268 and 269

 

 

5-39.2-12. Rulemaking.

     (a) The commission shall promulgate reasonable rules in order to effectively and efficiently

implement and administer the purposes and provisions of the compact. A rule shall be invalid and

have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because

the commission exercised its rulemaking authority in a manner that is beyond the scope and

purposes of the compact, or the powers granted hereunder, or based upon another applicable

standard of review.

     (b) The rules of the commission shall have the force of law in each member state; provided

however, that where the rules of the commission conflict with the laws of the member state that

establish the member state's laws, regulations, and applicable standards that govern the practice of

social work as held by a court of competent jurisdiction, the rules of the commission shall be

ineffective in that state to the extent of the conflict.

     (c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth

in this section and the rules adopted thereunder. Rules shall become binding on the day following

adoption or the date specified in the rule or amendment, whichever is later.

     (d) If a majority of the legislatures of the member states rejects a rule or portion of a rule,

by enactment of a statute or resolution in the same manner used to adopt the compact within four

(4) years of the date of adoption of the rule, then such rule shall have no further force and effect in

any member state.

     (e) Rules shall be adopted at a regular or special meeting of the commission.

     (f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and

allow persons to provide oral and written comments, data, facts, opinions, and arguments.

     (g) Prior to adoption of a proposed rule by the commission, and at least thirty (30) days in

advance of the meeting at which the commission will hold a public hearing on the proposed rule,

the commission shall provide a notice of proposed rulemaking:

     (1) On the website of the commission or other publicly accessible platform;

     (2) To persons who have requested notice of the commission's notices of proposed

rulemaking, and

     (3) In such other way(s) as the commission may by rule specify.

     (h) The notice of proposed rulemaking shall include:

     (1) The time, date, and location of the public hearing at which the commission will hear

public comments on the proposed rule and, if different, the time, date, and location of the meeting

where the commission will consider and vote on the proposed rule;

     (2) If the hearing is held via telecommunication, videoconference, or other electronic

means, the commission shall include the mechanism for access to the hearing in the notice of

proposed rulemaking;

     (3) The text of the proposed rule and the reason therefor;

     (4) A request for comments on the proposed rule from any interested person; and

     (5) The manner in which interested persons may submit written comments.

     (i) All hearings will be recorded. A copy of the recording and all written comments and

documents received by the commission in response to the proposed rule shall be available to the

public.

     (j) 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.

     (k) The commission shall, by majority vote of all members, take final action on the

proposed rule based on the rulemaking record and the full text of the rule.

     (1) The commission may adopt changes to the proposed rule provided the changes do not

enlarge the original purpose of the proposed rule.

     (2) The commission shall provide an explanation of the reasons for substantive changes

made to the proposed rule as well as reasons for substantive changes not made that were

recommended by commenters.

     (3) The commission shall determine a reasonable effective date for the rule. Except for an

emergency as provided in §§ 5-39.2-12(l) through 5-39.2-12(l)(4), the effective date of the rule

shall be no sooner than thirty (30) days after issuing the notice that it adopted or amended the rule.

     (l) Upon determination that an emergency exists, the commission may consider and adopt

an emergency rule with forty-eight (48) hours' notice, with opportunity to comment; 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 member state funds;

     (3) Meet a deadline for the promulgation of a 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 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 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.

     (n) No member state's rulemaking requirements shall apply under this compact.

 

 

 

 

 

 

75)

Section

Added By Chapter Numbers:

 

5-39.2-13

268 and 269

 

 

5-39.2-13. Oversight, dispute resolution, and enforcement.

     (a) Oversight.

     (1) The executive and judicial branches of state government in each member state shall

enforce this compact and take all actions necessary and appropriate to implement the compact.

     (2) Except as otherwise provided in this compact, 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. Nothing in this section shall affect or limit the selection or propriety

of venue in any action against a licensee for professional malpractice, misconduct or any such

similar matter.

     (3) The commission shall be entitled to receive service of process in any proceeding

regarding the enforcement or interpretation of the compact and shall have standing to intervene in

such a proceeding for all purposes. Failure to provide the commission service of process 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 member state has defaulted in the performance of

its obligations or responsibilities under this compact or the promulgated rules, the commission shall

provide written notice to the defaulting state. The notice of default shall describe the default, the

proposed means of curing the default, and any other action that the commission may take, and shall

offer training and specific technical assistance regarding the default.

     (2) The commission shall provide a copy of the notice of default to the other member states.

     (c) If a state in default fails to cure the default, the defaulting state may be terminated from

the compact upon an affirmative vote of a majority of the delegates of the member states, and all

rights, privileges, and benefits conferred on that state by this compact may be terminated 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 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 suspend or terminate shall be given

by the commission to the governor, the majority and minority leaders of the defaulting state's

legislature, the defaulting state's state licensing authority, and each of the member states' state

licensing authority.

     (e) A state that has been terminated is responsible for all assessments, obligations, and

liabilities incurred through the effective date of termination, including obligations that extend

beyond the effective date of termination.

     (f) Upon the termination of a state's membership from this compact, that state shall

immediately provide notice to all licensees within that state of such termination. The terminated

state shall continue to recognize all licenses granted pursuant to this compact for a minimum of six

(6) months after the date of said notice of termination.

     (g) The commission shall not bear any costs related to a state that is found to be in default

or that has been terminated from the compact, unless agreed upon in writing between the

commission and the defaulting state.

     (h) The defaulting state may appeal the action of the commission by petitioning the United

States District Court for the District of Columbia or the federal district where the commission has

its principal offices. The prevailing party shall be awarded all costs of such litigation, including

reasonable attorney's fees.

     (i) Dispute resolution.

     (1) Upon request by a member state, the commission shall attempt to resolve disputes

related to the compact that arise among member states and between member and non-member

states.

     (2) The commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes as appropriate.

     (j) Enforcement.

     (1) By majority vote as provided by rule, the commission may initiate legal action against

a member state in default in the United States District Court for the District of Columbia or the

federal district where the commission has its principal offices to enforce compliance with the

provisions of the compact and its promulgated rules. 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. The remedies herein shall

not be the exclusive remedies of the commission. The commission may pursue any other remedies

available under federal or the defaulting member state's law.

     (2) A member state may initiate legal action against the commission in the United States

District Court for the District of Columbia or the federal district where the commission has its

principal offices to enforce compliance with the provisions of the compact and its promulgated

rules. 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.

     (3) No person other than a member state shall enforce this compact against the commission.

 

76)

Section

Added By Chapter Numbers:

 

5-39.2-14

268 and 269

 

 

5-39.2-14. Effective date, withdrawal, and amendment.

     (a) The compact shall come into effect on the date on which the compact statute is enacted

into law in the seventh member state.

     (1) On or after the effective date of the compact, the commission shall convene and review

the enactment of each of the first seven (7) member states ("charter member states") to determine

if the statute enacted by each such charter member state is materially different than the model

compact statute.

     (i) A charter member state whose enactment is found to be materially different from the

model compact statute shall be entitled to the default process set forth in § 5-39.2-13.

     (ii) If any member state is later found to be in default, or is terminated or withdraws from

the compact, the commission shall remain in existence and the compact shall remain in effect even

if the number of member states should be less than seven (7).

     (2) Member states enacting the compact subsequent to the seven initial charter member

states shall be subject to the process set forth in § 5-39.2-10(c)(21) to determine if their enactments

are materially different from the model compact statute and whether they qualify for participation

in the compact.

     (3) All actions taken for the benefit of the commission or in furtherance of the purposes of

the administration of the compact prior to the effective date of the compact or the commission

coming into existence shall be considered to be actions of the commission unless specifically

repudiated by the commission.

     (4) Any state that joins the compact subsequent to the commission's initial adoption of the

rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the

compact becomes law in that state. Any rule that 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.

     (b) Any member state may withdraw from this compact by enacting a statute repealing the

same.

     (1) A member state's withdrawal shall not take effect until one hundred eighty (180) days

after enactment of the repealing statute.

     (2) Withdrawal shall not affect the continuing requirement of the withdrawing state's

licensing authority to comply with the investigative and adverse action reporting requirements of

this compact prior to the effective date of withdrawal.

     (3) Upon the enactment of a statute withdrawing from this compact, a state shall

immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding

any subsequent statutory enactment to the contrary, such withdrawing state shall continue to

recognize all licenses granted pursuant to this compact for a minimum of one hundred eighty (180)

days after the date of such notice of withdrawal.

     (c) Nothing contained in this compact shall be construed to invalidate or prevent any

licensure agreement or other cooperative arrangement between a member state and a non-member

state that does not conflict with the provisions of this compact.

     (d) This compact may be amended by the member states. No amendment to this compact

shall become effective and binding upon any member state until it is enacted into the laws of all

member states.

 

77)

Section

Added By Chapter Numbers:

 

5-39.2-15

268 and 269

 

 

5-39.2-15. Construction and severability.

     (a) This compact and the commission's rulemaking authority shall be liberally construed in

order to effectuate the purposes, and the implementation and administration of the compact.

Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be

construed to limit the commission's rulemaking authority solely for those purposes.

     (b) The provisions of this compact shall be severable and if any phrase, clause, sentence,

or provision of this compact is held by a court of competent jurisdiction to be contrary to the

constitution of any member state, a state seeking participation in the compact, or of the United

States, or the applicability thereof to any government, agency, person, or circumstance is held to

be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this

compact and the applicability thereof to any other government, agency, person, or circumstance

shall not be affected thereby.

     (c) Notwithstanding subsection (b) of this section, the commission may deny a state's

participation in the compact or, in accordance with the requirements of § 5-39.2-13(b), terminate a

member state's participation in the compact, if it determines that a constitutional requirement of a

member state is a material departure from the compact. Otherwise, if this compact shall be held to

be contrary to the constitution of any member state, the compact shall remain in full force and effect

as to the remaining member states and in full force and effect as to the member state affected as to

all severable matters.

 

 

 

 

 

 

78)

Section

Added By Chapter Numbers:

 

5-39.2-16

268 and 269

 

 

5-39.2-16. Consistent effect and conflict with other state laws.

     (a) A licensee providing services in a remote state under a multistate authorization to

practice shall adhere to the laws and regulations, including laws, regulations, and applicable

standards, of the remote state where the client is located at the time care is rendered.

     (b) Nothing in this section shall prevent or inhibit the enforcement of any other law of a

member state that is not inconsistent with the compact.

     (c) Any laws, statutes, regulations, or other legal requirements in a member state in conflict

with the compact are superseded to the extent of the conflict.

     (d) All permissible agreements between the commission and the member states are binding

in accordance with their terms.

 

79)

Section

Added By Chapter Numbers:

 

5-39.3

262 and 263

 

 

CHAPTER 39.3

COUNSELING COMPACT

 

80)

Section

Added By Chapter Numbers:

 

5-39.3-1

262 and 263

 

 

5-39.3-1. Short title.

     This chapter shall be known and may be cited as the "Counseling Compact".

 

81)

Section

Added By Chapter Numbers:

 

5-39.3-2

262 and 263

 

 

5-39.3-2. Definitions.

     For purposes of this compact, the following terms shall have the following meanings:

     (1) "Active duty military" means full-time duty status in the active uniformed service of

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

pursuant to 10 U.S.C. chapters 12301(d) and 12302.

     (2) "Adverse action" means any administrative, civil, equitable, or criminal action

permitted by Rhode Island law which is imposed by a licensing board or other authority against a

licensed professional counselor, including actions against an individual's license or privilege to

practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the

licensee's practice, or any other encumbrance on licensure affecting a licensed professional

counselor's authorization to practice, including issuance of a cease-and-desist action.

     (3) "Alternative program" means a non-disciplinary monitoring or practice remediation

process approved by a professional counseling licensing board to address impaired practitioners.

     (4) "Continuing competence" or "continuing education" means a requirement, as a

condition of license renewal, to provide evidence of participation in, and/or completion of,

educational and professional activities relevant to practice or area of work.

     (5) "Counseling compact commission" or "commission" means the national administrative

body whose membership consists of all states that have enacted the compact.

     (6) "Current significant investigative information" means:

     (i) Investigative information that a licensing board, after a preliminary inquiry that includes

notification and an opportunity for the licensed professional counselor to respond, if required by

Rhode Island law, has reason to believe is not groundless and, if proved true, would indicate more

than a minor infraction; or

     (ii) Investigative information that indicates that the licensed professional counselor

represents an immediate threat to public health and safety regardless of whether the licensed

professional counselor has been notified and had an opportunity to respond.

     (7) "Data system" means a repository of information about licensees, including, but not

limited to, continuing education, examination, licensure, investigative, privilege to practice, and

adverse action information.

     (8) "Encumbered license" means a license in which an adverse action restricts the practice

of licensed professional counseling by the licensee and said adverse action has been reported to the

National Practitioners Data Bank (NPDB).

     (9) ''Encumbrance" means a revocation or suspension of, or any limitation on, the full and

unrestricted practice of licensed professional counseling by a licensing board.

     (10) "Executive committee" means a group of directors elected or appointed to act on

behalf of, and within the powers granted to them, by the commission.

     (11) "Home state" means the member state that is the licensee's primary state of residence.

     (12) "Impaired practitioner" means an individual who has a condition(s) that may impair

their ability to practice as a licensed professional counselor without some type of intervention and

may include, but are not limited to, alcohol and drug dependence, mental health impairment, and

neurological or physical impairments.

     (13) "Investigative information'' means information, records, and documents received or

generated by a professional counseling licensing board pursuant to an investigation.

     (14) "Jurisprudence requirement" means the assessment of an individual's knowledge of

the laws and rules governing the practice of professional counseling in a state.

     (15) "Licensed professional counselor" means a counselor licensed by a member state,

regardless of the title used by that state, to independently assess, diagnose, and treat behavioral

health conditions.

     (16) "Licensee" means an individual who currently holds an authorization from the state to

practice as a licensed professional counselor.

     (17) "Licensing board" means the agency of a state, or equivalent, that is responsible for

the licensing and regulation of licensed professional counselors.

     (18) "Member state" means a state that has enacted the compact.

     (19) "Privilege to practice" means a legal authorization, which is equivalent to a license,

permitting the practice of professional counseling in a remote state.

     (20) "Professional counseling" means the assessment, diagnosis, and treatment of

behavioral health conditions by a licensed professional counselor.

     (21) "Remote state" means a member state other than the home state, where a licensee is

exercising or seeking to exercise the privilege to practice.

     (22) "Rule" means a regulation promulgated by the commission that has the force of law.

     (23) "Single-state license" means a licensed professional counselor license issued by a

member state that authorizes practice only within the issuing state and does not include a privilege

to practice in any other member state.

     (24) "State" means any state, commonwealth, district, or territory of the United States of

America that regulates the practice of professional counseling.

     (25) "Telehealth" means the application of telecommunication technology to deliver

professional counseling services remotely to assess, diagnose, and treat behavioral health

conditions.

     (26) "Unencumbered license" means a license that authorizes a licensed professional

counselor to engage in the full and unrestricted practice of professional counseling.

 

 

 

 

 

82)

Section

Added By Chapter Numbers:

 

5-39.3-3

262 and 263

 

 

5-39.3-3. State participation in the compact.

     (a) To participate in the compact, a state must currently:

     (1) License and regulate licensed professional counselors;

     (2) Require licensees to pass a nationally recognized exam approved by the commission;

     (3) Require licensees to have a sixty (60) semester-hour, or ninety (90) quarter-hour,

master's degree in counseling or, sixty (60) semester-hours, or ninety (90) quarter-hours, of

graduate course work including the following topic areas:

     (i) Professional counseling orientation and ethical practice;

     (ii) Social and cultural diversity;

     (iii) Human growth and development;

     (iv) Career development;

     (v) Counseling and helping relationships;

     (vi) Group counseling and group work;

     (vii) Diagnosis and treatment; assessment and testing;

     (viii) Research and program evaluation; and

     (ix) Other areas as determined by the commission;

     (4) Require licensees to complete a supervised postgraduate professional experience as

defined by the commission; and

     (5) Have a mechanism in place for receiving and investigating complaints about licensees.

     (b) A member state shall:

     (1) Participate fully in the commission's data system, including using the commission's

unique identifier as defined in rules;

     (2) Notify the commission, in compliance with the terms of the compact and rules, of any

adverse action or the availability of investigative information regarding a licensee;

     (3) Implement or utilize procedures for considering the criminal history records of

applicants for an initial privilege to practice. These procedures shall include the submission of

fingerprints or other biometric-based information by applicants for the purpose of obtaining an

applicant's criminal history record information from the Federal Bureau of Investigation and the

agency responsible for retaining that state's criminal records;

     (i) A member state shall fully implement a criminal background check requirement, within

a time frame established by rule, by receiving the results of the Federal Bureau of Investigation

record search and shall use the results in making licensure decisions.

     (ii) Communication between a member state, the commission, and among member states

regarding the verification of eligibility for licensure through the compact shall not include any

information received from the Federal Bureau of Investigation relating to a federal criminal records

check performed by a member state under federal Pub. L. 92-544;

     (4) Comply with the rules of the commission;

     (5) Require an applicant to obtain or retain a license in the home state and meet the home

state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws;

     (6) Grant the privilege to practice to a licensee holding a valid unencumbered license in

another member state in accordance with the terms of the compact and rules; and

     (7) Provide for the attendance of the state's commissioner to the counseling compact

commission meetings.

     (c) Member states may charge a fee for granting the privilege to practice.

     (d) Individuals not residing in a member state shall continue to be able to apply for a

member state's single-state license as provided under the laws of each member state. However, the

single-state license granted to these individuals shall not be recognized as granting a privilege to

practice professional counseling in any other member state.

     (e) Nothing in this compact shall affect the requirements established by a member state for

the issuance of a single-state license.

     (f) A license issued to a licensed professional counselor by a home state to a resident in

that state shall be recognized by each member state as authorizing a licensed professional counselor

to practice professional counseling, under a privilege to practice, in each member state.

 

 

 

 

83)

Section

Added By Chapter Numbers:

 

5-39.3-4

262 and 263

 

 

5-39.3-4. Privilege to practice.

     (a) To exercise the privilege to practice under the terms and provisions of the compact, the

licensee shall:

     (1) Hold a license in the home state;

     (2) Have a valid United States social security number or national practitioner identifier;

     (3) Be eligible for a privilege to practice in any member state in accordance with

subsections (d), (g) and (h) of this section;

     (4) Have not had any encumbrance or restriction against any license or privilege to practice

within the previous two (2) years;

     (5) Notify the commission that the licensee is seeking the privilege to practice within a

remote state(s);

     (6) Pay any applicable fees, including any state fee, for the privilege to practice;

     (7) Meet any continuing competence or continuing education requirements established by

the home state;

     (8) Meet any jurisprudence requirements established by the remote state(s) in which the

licensee is seeking a privilege to practice; and

     (9) Report to the commission any adverse action, encumbrance, or restriction on license

taken by any non-member state within thirty (30) days from the date the action is taken.

     (b) The privilege to practice is valid until the expiration date of the home state license. The

licensee shall comply with the requirements of subsection (a) of this section to maintain the

privilege to practice in the remote state.

     (c) A licensee providing professional counseling in a remote state under the privilege to

practice shall adhere to the laws and regulations of the remote state.

     (d) A licensee providing professional counseling services in a remote state is subject to that

state's regulatory authority. A remote state may, in accordance with due process and that state's

laws, remove a licensee's privilege to practice in the remote state for a specific period of time,

impose fines, and/or take any other necessary actions to protect the health and safety of its citizens.

The licensee may be ineligible for a privilege to practice in any member state until the specific time

for removal has passed and all fines are paid.

     (e) If a home state license is encumbered, the licensee shall lose the privilege to practice in

any remote state until the following occur:

     (1) The home state license is no longer encumbered; and

     (2) Have not had any encumbrance or restriction against any license or privilege to practice

within the previous two (2) years.

     (f) Once an encumbered license in the home state is restored to good standing, the licensee

must meet the requirements of subsection (a) of this section to obtain a privilege to practice in any

remote state.

     (g) If a licensee's privilege to practice in any remote state is removed, the individual may

lose the privilege to practice in all other remote states until the following occur:

     (1) The specific period of time for which the privilege to practice was removed has ended;

     (2) All fines have been paid; and

     (3) Have not had any encumbrance or restriction against any license or privilege to practice

within the previous two (2) years.

     (h) Once the requirements of subsection (g) of this section have been met, the licensee shall

meet the requirements in subsection (a) of this section to obtain a privilege to practice in a remote

state.

 

84)

Section

Added By Chapter Numbers:

 

5-39.3-5

262 and 263

 

 

5-39.3-5. Obtaining a new home state license based on a privilege to practice.

     (a) A licensed professional counselor may hold a home state license, which allows for a

privilege to practice in other member states, in only one member state at a time.

     (b) If a licensed professional counselor changes primary state of residence by moving

between two (2) member states:

     (1) The licensed professional counselor shall file an application for obtaining a new home

state license based on a privilege to practice, pay all applicable fees, and notify the current and new

home state in accordance with applicable rules adopted by the commission.

     (2) Upon receipt of an application for obtaining a new home state license by virtue of a

privilege to practice, the new home state shall verify that the licensed professional counselor meets

the pertinent criteria outlined in § 5-39.2-4, via the data system, without need for primary source

verification except for:

     (i) A Federal Bureau of Investigation fingerprint-based criminal background check if not

previously performed or updated pursuant to applicable rules adopted by the commission in

accordance with federal Pub. L. 92-544;

     (ii) Other criminal background check as required by the new home state; and

     (iii) Completion of any requisite jurisprudence requirements of the new home state.

     (3) The former home state shall convert the former home state license into a privilege to

practice once the new home state has activated the new home state license in accordance with

applicable rules adopted by the commission.

     (4) Notwithstanding any other provision of this compact, if the licensed professional

counselor cannot meet the criteria in § 5-39.2-4, the new home state may apply its requirements for

issuing a new single state license.

     (5) The licensed professional counselor shall pay all applicable fees to the new home state

in order to be issued a new home state license.

     (c) If a licensed professional counselor changes primary state of residence by moving from

a member state to a non-member state, or from a non-member state to a member state, the state

criteria shall apply for issuance of a single state license in the new state.

     (d) Nothing in this compact shall interfere with a licensee's ability to hold a single-state

license in multiple states; however for the purposes of this compact, a licensee shall have only one

home state license.

     (e) Nothing in this compact shall affect the requirements established by a member state for

the issuance of a single-state license.

 

85)

Section

Added By Chapter Numbers:

 

5-39.3-6

262 and 263

 

 

5-39.3-6. Active duty military personnel or their spouses.

     Active duty military personnel, or their spouse, shall designate a home state where the

individual has a current license in good standing. The individual may retain the home state

designation during the period the service member is on active duty. Subsequent to designating a

home state, the individual shall only change their home state through application for licensure in

the new state, or pursuant to the provisions in § 5-39.2-5.

 

86)

Section

Added By Chapter Numbers:

 

5-39.3-7

262 and 263

 

 

5-39.3-7. Compact privilege to practice telehealth.

     (a) Member states shall recognize the right of a licensed professional counselor, licensed

by a home state in accordance with § 5-39.2-3 and under rules promulgated by the commission, to

practice professional counseling in any member state via telehealth under a privilege to practice as

provided in the compact and rules promulgated by the commission.

     (b) A licensee providing professional counseling services in a remote state under the

privilege to practice shall adhere to the laws and regulations of the remote state.

 

87)

Section

Added By Chapter Numbers:

 

5-39.3-8

262 and 263

 

 

5-39.3-8. Adverse actions.

     (a) In addition to the other powers conferred by state law, a remote state shall have the

authority, in accordance with existing state due process law, to:

     (1) Take adverse action against a licensed professional counselor's privilege to practice

within that member state, and

     (2) Issue subpoenas for both hearings and investigations that require the attendance and

testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board

in a member state for the attendance and testimony of witnesses or the production of evidence from

another member state shall be enforced in the latter state by any court of competent jurisdiction,

according to the practice and procedure of that court applicable to subpoenas issued in proceedings

pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and

other fees required by the service statutes of the state in which the witnesses or evidence are located.

     (3) Only the home state shall have the power to take adverse action against a licensed

professional counselor's license issued by the home state.

     (b) For purposes of taking adverse action, the home state shall give the same priority and

effect to reported conduct received from a member state as it would if the conduct had occurred

within the home state. In so doing, the home state shall apply its own state laws to determine

appropriate action.

     (c) The home state shall complete any pending investigations of a licensed professional

counselor who changes primary state of residence during the course of the investigations. The home

state shall also have the authority to take appropriate action and shall promptly report the

conclusions of the investigations to the administrator of the data system. The administrator of the

coordinated licensure information system shall promptly notify the new home state of any adverse

actions.

     (d) A member state, if otherwise permitted by state law, may recover from the affected

licensed professional counselor the costs of investigations and dispositions of cases resulting from

any adverse action taken against that licensed professional counselor.

     (e) A member state may take adverse action based on the factual findings of the remote

state; provided that, the member state follows its own procedures for taking the adverse action.

     (f) Joint investigations:

     (1) In addition to the authority granted to a member state by its respective professional

counseling practice law or other applicable state law, any member state may participate with other

member states in joint investigations of licensees.

     (2) Member states shall share any investigative, litigation, or compliance materials in

furtherance of any joint or individual investigation initiated under the compact.

     (g) If adverse action is taken by the home state against the license of a licensed professional

counselor, the licensed professional counselor's privilege to practice in all other member states shall

be deactivated until all encumbrances have been removed from the state license. All home state

disciplinary orders that impose adverse action against the license of a licensed professional

counselor shall include a statement that the licensed professional counselor's privilege to practice

is deactivated in all member states during the pendency of the order.

     (h) If a member state takes adverse action, it shall promptly notify the administrator of the

data system. The administrator of the data system shall promptly notify the home state of any

adverse actions by remote states.

     (i) Nothing in this compact shall override a member state's decision that participation in an

alternative program may be used in lieu of adverse action.

 

88)

Section

Added By Chapter Numbers:

 

5-39.3-9

262 and 263

 

 

5-39.3-9. Establishment of counseling compact commission.

     (a) The compact member states hereby create and establish a joint public agency known as

the counseling compact commission:

     (1) The commission is 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) Each member state shall have and be limited to one delegate selected by that member

state's licensing board.

     (2) The delegate shall be either:

     (i) A current member of the licensing board at the time of appointment, who is a licensed

professional counselor or public member; or

     (ii) An administrator of the licensing board.

     (3) Any delegate may be removed or suspended from office as provided by the law of the

state from which the delegate is appointed.

     (4) The member state licensing board shall fill any vacancy occurring on the commission

within sixty (60) days.

     (5) Each delegate 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.

     (6) A delegate shall vote in person or by such other means as provided in the bylaws. The

bylaws may provide for delegates' participation in meetings by telephone or other means of

communication.

     (7) The commission shall meet at least once during each calendar year. Additional meetings

shall be held as set forth in the bylaws.

     (8) The commission shall by rule establish a term of office for delegates and may by rule

establish term limits.

     (c) The commission shall have the following powers and duties:

     (1) Establish the fiscal year of the commission;

     (2) Establish bylaws;

     (3) Maintain its financial records in accordance with the bylaws;

     (4) Meet and take such actions as are consistent with the provisions of this compact and

the bylaws;

     (5) Promulgate rules which shall be binding to the extent and in the manner provided for

in the compact;

     (6) Bring and prosecute legal proceedings or actions in the name of the commission;

provided that, the standing of any state licensing board to sue or be sued under applicable law shall

not be affected;

     (7) Purchase and maintain insurance and bonds;

     (8) Borrow, accept, or contract for services of personnel, including, but not limited to,

employees of a member state;

     (9) Hire employees, elect or appoint officers, fix compensation, define duties, grant such

individuals appropriate authority to carry out the purposes of the compact, and establish the

commission's personnel policies and programs relating to conflicts of interest, qualifications of

personnel, and other related personnel matters;

     (10) 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 avoid any appearance of impropriety and/or conflict of interest;

     (11) 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 avoid any appearance of impropriety;

     (12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any

property real, personal, or mixed;

     (13) Establish a budget and make expenditures;

     (14) Borrow money;

     (15) Appoint committees, including standing committees composed 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;

     (16) Provide and receive information from, and cooperate with, law enforcement agencies;

     (17) Establish and elect an executive committee; and

     (18) Perform such other functions as may be necessary or appropriate to achieve the

purposes of this compact consistent with the state regulation of professional counseling licensure

and practice.

     (d) The executive committee:

     (1) The executive committee shall have the power to act on behalf of the commission

according to the terms of this compact.

     (2) The executive committee shall be composed of up to eleven (11) members:

     (i) Seven (7) voting members who are selected by the commission from the current

membership of the commission; and

     (ii) Up to four (4) ex officio, nonvoting members from four (4) recognized national

professional counselor organizations.

     (iii) The ex officio members will be selected by their respective organizations.

     (3) The commission may remove any member of the executive committee as provided in

the bylaws.

     (4) The executive committee shall meet at least annually.

     (5) The executive committee shall have the following duties and responsibilities:

     (i) Recommend to the entire commission changes to the rules or bylaws, changes to this

compact legislation, fees paid by compact member states such as annual dues, and any commission

compact fee charged to licensees for the privilege to practice;

     (ii) Ensure compact administration services are appropriately provided, contractual or

otherwise;

     (iii) Prepare and recommend the budget;

     (iv) Maintain financial records on behalf of the commission;

     (v) Monitor compact compliance of member states and provide compliance reports to the

commission;

     (vi) Establish additional committees as necessary; and

     (vii) Other duties as provided in rules or bylaws.

     (e) Meetings of the commission.

     (1) 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 § 5-39.2-11.

     (2) The commission or the executive committee or other committees of the commission

may convene in a closed, non-public meeting if the commission or executive committee or other

committees of the commission intend to discuss:

     (i) Non-compliance of a member state with its obligations under the compact;

     (ii) The employment, compensation, discipline, or other matters, practices, or procedures

related to specific employees or other matters related to the commission's internal personnel

practices and procedures;

     (iii) Current, threatened, or reasonably anticipated litigation;

     (iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real

estate;

     (v) MakeMaking a report to law enforcement and authorizes accusing any person of a

suspected crime or formally censuring any person;

     (vi) Disclosure of trade secrets or commercial or financial information that is privileged or

confidential;

     (vii) Disclosure of information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

     (viii) Disclosure of investigative records compiled for law enforcement purposes;

     (ix) Disclosure of information related to any investigative reports prepared by or on behalf

of or for use of the commission or other committee charged with responsibility of investigation or

determination of compliance issues pursuant to the compact; or

     (x) Matters specifically exempted from disclosure by federal or member state statute.

     (3) 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.

     (4) The commission shall keep minutes that fully and clearly describe all matters discussed

in a meeting and shall provide a full and accurate summary of actions taken, 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 by a majority vote of the commission or order of a court

of competent jurisdiction.

     (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 member 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 member 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 member states,

except by and with the authority of the member 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 their 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.

 

89)

Section

Added By Chapter Numbers:

 

5-39.3-10

262 and 263

 

 

5-39.3-10. Data system.

     (a) The commission shall provide for the development, maintenance, operation, and

utilization of a coordinated database and reporting system containing licensure, adverse action, and

investigative information on all licensed individuals in member states.

     (b) Notwithstanding any other provision of state law to the contrary, a member state shall

submit a uniform data set to the data system on all individuals to whom this compact is applicable

as required by the rules of the commission, including:

     (i1) Identifying information;

     (ii2) Licensure data;

     (iii3) Adverse actions against a license or privilege to practice;

     (iv4) Non-confidential information related to alternative program participation;

     (v5) Any denial of application for licensure, and the reason(s) for such denial;

     (vi6) Current significant investigative information; and

     (vii7) Other information that may facilitate the administration of this compact, as

determined by the rules of the commission.

     (c) Investigative information pertaining to a licensee in any member state will only be

available to other member states.

     (d) The commission shall promptly notify all member states of any adverse action taken

against a licensee or an individual applying for a license. Adverse action information pertaining to

a licensee in any member state will be available to any other member state.

     (e) Member states contributing information to the data system may designate information

that may not be shared with the public without the express permission of the contributing state.

     (f) Any information submitted to the data system that is subsequently required to be

expunged by the laws of the member state contributing the information shall be removed from the

data system.

 

90)

Section

Added By Chapter Numbers:

 

5-39.3-11

262 and 263

 

 

5-39.3-11. Rulemaking.

     (a) The commission shall promulgate reasonable rules in order to effectively and efficiently

achieve the purpose of the compact. Notwithstanding the foregoing, in the event the 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 commission shall be invalid

and have no force or effect.

     (b) The commission shall exercise its rulemaking powers pursuant to the criteria set forth

in this section and the rules adopted thereunder. Rules and amendments shall become binding as of

the date specified in each rule or amendment.

     (c) If a majority of the legislatures of the member states rejects a rule, by enactment of a

statute or resolution in the same manner used to adopt the compact within four (4) years of the date

of adoption of the rule, then such rule shall have no further force and effect in any member state.

     (d) Rules or amendments to the rules shall be adopted at a regular or special meeting of the

commission.

     (e) Prior to promulgation and adoption of a final rule or rules by the commission, and at

least thirty (30) days in advance of the meeting at which the rule or rules will be considered and

voted upon, the commission shall file a notice of proposed rulemaking:

     (1) On the website of the commission or other publicly accessible platform; and

     (2) On the website of each member state professional counseling licensing board or other

publicly accessible platform or the publication in which each state would otherwise publish

proposed rules.

     (f) 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.

     (g) 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.

     (h) 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;

     (2) A state or federal governmental subdivision or agency; or

     (3) An association having at least twenty-five (25) members.

     (i) lf a hearing is held on the proposed rule or amendment, the commission shall publish

the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means,

the commission shall publish the mechanism for access to the electronic 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 elects to comment

with a fair and reasonable opportunity to comment orally or in writing.

     (3) All hearings will be recorded. A copy of the recording will be made available on

request.

     (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.

     (j) 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.

     (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) 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.

     (m) 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:

     (i) Meet an imminent threat to public health, safety, or welfare;

     (ii) Prevent a loss of commission or member-state funds;

     (iii) Meet a deadline for the promulgation of an administrative rule that is established by

federal law or rule; or

     (iv) Protect public health and safety.

     (n) 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.

 

 

 

91)

Section

Added By Chapter Numbers:

 

5-39.3-12

262 and 263

 

 

5-39.3-12. Oversight, dispute resolution and enforcement.

     (a) Oversight.

     (1) The executive, legislative, and judicial branches of state government in each member

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 member 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 member state has defaulted in the performance of

its obligations or responsibilities under this compact or the promulgated rules, the commission

shall:

     (i) Provide written notice to the defaulting state and other member states of the nature of

the default, the proposed means of curing the default and/or any other action to be taken by the

commission; and

     (ii) Provide remedial training and specific technical assistance regarding the default.

     (c) If a state in default fails to cure the default, the defaulting state may be terminated from

the compact upon an affirmative vote of a majority of the member states, and all rights, privileges,

and benefits conferred by this compact may be terminated 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 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 suspend or terminate shall be given

by the commission to the governor, the majority and minority leaders of the defaulting state's

legislature, and each of the member states.

     (e) A state that has been terminated is responsible for all assessments, obligations, and

liabilities incurred through the effective date of termination, including obligations that extend

beyond the effective date of termination.

     (f) The commission shall not bear any costs related to a state that is found to be in default

or that has been terminated from the compact, unless agreed upon in writing between the

commission and the defaulting state.

     (g) The defaulting state may appeal the action of the commission by petitioning the U.S.

District Court for the District of Columbia or the federal district where the commission has its

principal offices. The prevailing member shall be awarded all costs of such litigation, including

reasonable attorneys' fees.

     (h) Dispute resolution.

     (1) Upon request by a member state, the commission shall attempt to resolve disputes

related to the compact that arise among member states and between member and non-member

states.

     (2) The commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes as appropriate.

     (i) 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 District of Columbia or the federal district where the commission has its principal

offices against a member 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 attorneys' 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.

 

92)

Section

Added By Chapter Numbers:

 

5-39.3-13

262 and 263

 

 

5-39.3-13. Date of implementation of the counseling compact commission and

associated rules, withdrawal and amendment.

     (a) The compact shall come into effect on the date on which the compact statute is enacted

into law in the tenth member 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 for the

implementation and administration of the compact.

     (b) Any state that 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 that 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 member state may withdraw from this compact by enacting a statute repealing the

same.

     (i1) A member state's withdrawal shall not take effect until six (6) months after enactment

of the repealing statute.

     (ii2) Withdrawal shall not affect the continuing requirement of the withdrawing state's

professional counseling licensing board to comply with the investigative and adverse action

reporting requirements of this compact prior to the effective date of withdrawal.

     (d) Nothing contained in this compact shall be construed to invalidate or prevent any

professional counseling licensure agreement or other cooperative arrangement between a member

state and a non-member state that does not conflict with the provisions of this compact.

     (e) This compact may be amended by the member states. No amendment to this compact

shall become effective and binding upon any member state until it is enacted into the laws of all

member states.

 

93)

Section

Added By Chapter Numbers:

 

5-39.3-14

262 and 263

 

 

5-39.3-14. Construction and severability.

     This compact shall be liberally construed in order to effectuate the purposes thereof. The

provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of

this compact is declared to be contrary to the constitution of any member state or of the United

States or the applicability thereof to any government, agency, person, or circumstance is held

invalid, the validity of the remainder of this compact and the applicability thereof to any

government, agency, person or circumstance shall not be affected thereby. If this compact shall be

held contrary to the constitution of any member state, the compact shall remain in full force and

effect as to the remaining member states and in full force and effect as to the member state affected

as to all severable matters.

 

94)

Section

Added By Chapter Numbers:

 

5-39.3-15

262 and 263

 

 

5-39.3-15. Binding effect of compact and other laws.

     (a) A licensee providing professional counseling services in a remote state under the

privilege to practice shall adhere to the laws and regulations, including scope of practice, of the

remote state.

     (b) Nothing herein prevents the enforcement of any other law of a member state that is not

inconsistent with the compact.

     (c) Any laws in a member state in conflict with the compact are superseded to the extent

of the conflict.

     (d) Any lawful actions of the commission, including all rules and bylaws properly

promulgated by the commission, are binding upon the member states.

     (e) All permissible agreements between the commission and the member states are binding

in accordance with their terms.

     (f) In the event any provision of the compact exceeds the constitutional limits imposed on

the legislature of any member state, the provision shall be ineffective to the extent of the conflict

with the constitutional provision in question in that member state. The compact also provides for

the establishment of a commission which may promulgate rules, hire employees, purchase real

estate and fix their composition among other powers. The commission may levy on and collect an

annual assessment from each member state. 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 member states. By majority vote, the commission may initiate legal action in the

United States District Court for the District of Columbia or the federal district court where the

commission has its principal office against a member state in default to enforce compliance with

the provisions of the compact and its promulgated rules and by laws.

 

 

 

 

95)

Section

Added By Chapter Numbers:

 

5-40.2

272 and 273

 

 

CHAPTER 40.2

RHODE ISLAND PHYSICAL THERAPIST LICENSURE COMPACT

 

96)

Section

Added By Chapter Numbers:

 

5-40.2-1

272 and 273

 

 

5-40.2-1. Short title.

     This chapter shall be known and may be cited as the "Rhode Island Physical Therapist

Licensure Compact Act."

 

97)

Section

Added By Chapter Numbers:

 

5-40.2-2

272 and 273

 

 

5-40.2-2. Purpose.

     The purpose of the physical therapist licensure compact is to facilitate interstate practice

of physical therapy with the goal of improving public access to physical therapy services. The

practice of physical therapy occurs in the state where the patient/client is located at the time of the

patient/client encounter. The compact preserves the regulatory authority of the state to protect

public health and safety through the current system of state licensure. The compact is designed to

achieve the following objectives:

     (1) Increase public access to physical therapy services by providing for the mutual

recognition of other member state licenses;

     (2) Enhance the states’ ability to protect the public’s health and safety;

     (3) Encourage the cooperation of member states in regulating multi-state physical therapy

practice;

     (4) Support spouses of relocating military members;

     (5) Enhance the exchange of licensure, investigative, and disciplinary information between

member states; and

     (6) Allow a remote state to hold a provider of services with a compact privilege in that state

accountable to that state’s practice standards.

 

98)

Section

Added By Chapter Numbers:

 

5-40.2-3

272 and 273

 

 

5-40.2-3. Definitions.

     As used in this compact, and except as otherwise provided, the following definitions shall

apply:

     (1) "Active duty military" means full-time duty status in the active uniformed service of

the United States, including members of the National Guard and reserve on active duty orders

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

     (2) "Adverse action" means disciplinary action taken by a physical therapy licensing board

based upon misconduct, unacceptable performance, or a combination of both.

     (3) "Alternative program" means a non-disciplinary monitoring or practice remediation

process approved by a physical therapy licensing board, which includes, but is not limited to,

substance abuse issues.

     (4) "Compact privilege" means the authorization granted by a remote state to allow a

licensee from another member state to practice as a physical therapist or work as a physical therapist

assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the

member state where the patient/client is located at the time of the patient/client encounter.

     (5) "Continuing competence" means a requirement, as a condition of license renewal, to

provide evidence of participation in, and/or completion of, educational and professional activities

relevant to practice or area of work.

     (6) "Data system" means a repository of information about licensees, including

examination, licensure, investigative, compact privilege, and adverse action.

     (7) "Encumbered license" means a license that a physical therapy licensing board has

limited in any way.

     (8) "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.

     (9) "Home state" means the member state that is the licensee’s primary state of residence.

     (10) "Investigative information" means information, records, and documents received or

generated by a physical therapy licensing board pursuant to an investigation.

     (11) "Jurisprudence requirement" means the assessment of an individual’s knowledge of

the laws and rules governing the practice of physical therapy in a state.

     (12) "Licensee" means an individual who currently holds an authorization from the state to

practice as a physical therapist or to work as a physical therapist assistant.

     (13) "Member state" means a state that has enacted the compact.

     (14) "Party state" means any member state in which a licensee holds a current license or

compact privilege or is applying for a license or compact privilege.

     (15) "Physical therapist" means an individual who is licensed by a state to practice physical

therapy.

     (16) "Physical therapist assistant" means an individual who is licensed/certified by a state

and who assists the physical therapist in selected components of physical therapy.

     (17) "Physical therapy," "physical therapy practice," and "the practice of physical therapy"

means the care and services provided by or under the direction and supervision of a licensed

physical therapist.

     (18) "Physical therapy compact" means the formal compact authorized in this chapter.

     (19) "Physical therapy compact commission" or "commission" means the national

administrative body whose membership consists of all states that have enacted the compact.

     (20) "Physical therapy licensing board" or "licensing board" means the agency of a state

that is responsible for the licensing and regulation of physical therapists and physical therapist

assistants.

     (21) "Remote state" means a member state other than the home state, where a licensee is

exercising or seeking to exercise the compact privilege.

     (22) "Rule" means a regulation, principle, or directive promulgated by the commission that

has the force of law.

     (23) "State" means any state, commonwealth, district, or territory of the United States of

America that regulates the practice of physical therapy.

 

99)

Section

Added By Chapter Numbers:

 

5-40.2-4

272 and 273

 

 

5-40.2-4. State participation in the compact.

     (a) To participate in the compact, a state shall:

     (1) Participate fully in the commission’s data system, including using the commission’s

unique identifier as defined in rules;

     (2) Have a mechanism in place for receiving and investigating complaints about licensees;

     (3) Notify the commission, in compliance with the terms of the compact and rules, of any

adverse action or the availability of investigative information regarding a licensee;

     (4) Fully implement a criminal background check requirement, within a time frame

established by rule, by receiving the results of the Federal Bureau of Investigation record search on

criminal background checks and use the results in making licensure decisions in accordance with

subsection (b) of this section;

     (5) Comply with the rules of the commission;

     (6) Utilize a recognized national examination as a requirement for licensure pursuant to the

rules of the commission; and

     (7) Have continuing competence requirements as a condition for license renewal.

     (b) Upon adoption of this statute, the member state shall have the authority to obtain

biometric-based information from each physical therapy licensure applicant and submit this

information to the Federal Bureau of Investigation for a criminal background check in accordance

with 28 U.S.C. § 534 and 34 U.S.C. § 40316.

     (c) A member state shall grant the compact privilege to a licensee holding a valid

unencumbered license in another member state in accordance with the terms of the compact and

rules.

     (d) Member states may charge a fee for granting a compact privilege.

 

100)

Section

Added By Chapter Numbers:

 

5-40.2-5

272 and 273

 

 

5-40.2-5. Compact privilege.

     (a) To exercise the compact privilege under the terms and provisions of the compact, the

licensee shall:

     (1) Hold a license in the home state;

     (2) Have no encumbrance on any state license;

     (3) Be eligible for a compact privilege in any member state in accordance with subsections

(d), (g), and (h) of this section;

     (4) Have not had any adverse action against any license or compact privilege within the

previous two (2) years;

     (5) Notify the commission that the licensee is seeking the compact privilege within a

remote state(s);

     (6) Pay any applicable fees, including any state fee, for the compact privilege;

     (7) Meet any jurisprudence requirements established by the remote state(s) in which the

licensee is seeking a compact privilege; and

     (8) Report to the commission adverse action taken by any non-member state within thirty

(30) days from the date the adverse action is taken.

     (b) The compact privilege is valid until the expiration date of the home license. The licensee

shall comply with the requirements of subsection (a) of this section to maintain the compact

privilege in the remote state.

     (c) A licensee providing physical therapy in a remote state under the compact privilege

shall function within the laws and regulations of the remote state.

     (d) A licensee providing physical therapy in a remote state is subject to that state’s

regulatory authority. A remote state may, in accordance with due process and that state’s laws,

remove a licensee’s compact privilege in the remote state for a specific period of time, impose

fines, and/or take any other necessary actions to protect the health and safety of its citizens. The

licensee is not eligible for a compact privilege in any state until the specific time for removal has

passed and all fines are paid.

     (e) If a home state license is encumbered, the licensee shall lose the compact privilege in

any remote state until the following occur:

     (1) The home state license is no longer encumbered; and

     (2) Two (2) years have elapsed from the date of the adverse action.

     (f) Once an encumbered license in the home state is restored to good standing, the licensee

shall meet the requirements of subsection (a) of this section to obtain a compact privilege in any

remote state.

     (g) If a licensee’s compact privilege in any remote state is removed, the individual shall

lose the compact privilege in any remote state until the following occur:

     (1) The specific period of time for which the compact privilege was removed has ended;

     (2) All fines have been paid; and

     (3) Two (2) years have elapsed from the date of the adverse action.

     (h) Once the requirements of subsection (g) of this section have been met, the licensee shall

meet the requirements in subsection (a) of this section to obtain a compact privilege in a remote

state.

 

101)

Section

Added By Chapter Numbers:

 

5-40.2-6

272 and 273

 

 

5-40.2-6. Active duty military personnel or their spouses.

     A licensee who is active duty military or is the spouse of an individual who is active duty

military may designate one of the following as the home state:

     (1) Home of record;

     (2) Permanent change of station (PCS); or

     (3) State of current residence if it is different than the PCS state or home of record.

 

102)

Section

Added By Chapter Numbers:

 

5-40.2-7

272 and 273

 

 

5-40.2-7. Adverse actions.

     (a) A home state shall have exclusive power to impose adverse action against a license

issued by the home state.

     (b) A home state may take adverse action based on the investigative information of a

remote state, as long as the home state follows its own procedures for imposing adverse action.

     (c) Nothing in this compact shall override a member state’s decision that 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 member state’s laws. Member states shall require licensees who enter

any alternative programs in lieu of discipline to agree not to practice in any other member state

during the term of the alternative program without prior authorization from such other member

state.

     (d) Any member state may investigate actual or alleged violations of the statutes and rules

authorizing the practice of physical therapy in any other member state in which a physical therapist

or physical therapist assistant holds a license or compact privilege.

     (e) A remote state shall have the authority to:

     (1) Take adverse actions as set forth in § 5-40.2-5(d) against a licensee’s compact privilege

in the state;

     (2) Issue subpoenas for both hearings and investigations that require the attendance and

testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy

licensing board in a party state for the attendance and testimony of witnesses, and/or the production

of evidence from another party state, shall be enforced in the latter state by any court of competent

jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in

proceedings pending before it. The issuing 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

     (3) If otherwise permitted by state law, recover from the licensee the costs of investigations

and disposition of cases resulting from any adverse action taken against that licensee.

     (f) Joint Investigations:

     (1) In addition to the authority granted to a member state by its respective physical therapy

practice act or other applicable state law, a member state may participate with other member states

in joint investigations of licensees.

     (2) Member states shall share any investigative, litigation, or compliance materials in

furtherance of any joint or individual investigation initiated under the compact.

 

103)

Section

Added By Chapter Numbers:

 

5-40.2-8

272 and 273

 

 

5-40.2-8. Establishment of the physical therapy compact commission.

     (a) The compact member states hereby create and establish a joint public agency known as

the physical therapy compact commission:

     (1) The commission is 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) Each member state shall have and be limited to one delegate selected by that member

state’s licensing board.

     (2) The delegate shall be a current member of the licensing board, who is a physical

therapist, physical therapist assistant, public member, or the board administrator.

     (3) Any delegate may be removed or suspended from office as provided by the law of the

state from which the delegate is appointed.

     (4) The member state board shall fill any vacancy occurring in the commission.

     (5) Each delegate 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.

     (6) A delegate shall vote in person or by such other means as provided in the bylaws. The

bylaws may provide for delegates’ participation in meetings by telephone or other means of

communication.

     (7) The commission shall meet at least once during each calendar year.

     (8) Additional meetings shall be held as set forth in the bylaws.

     (c) The commission shall have the following powers and duties:

     (1) Establish the fiscal year of the commission;

     (2) Establish bylaws;

     (3) Maintain its financial records in accordance with the bylaws;

     (4) Meet and take such actions as are consistent with the provisions of this compact and

the bylaws;

     (5) Promulgate uniform rules to facilitate and coordinate implementation and

administration of this compact. The rules shall have the force and effect of law and shall be binding

in all member states;

     (6) Bring and prosecute legal proceedings or actions in the name of the commission;

provided that, the standing of any state physical therapy licensing board to sue or be sued under

applicable law shall not be affected;

     (7) Purchase and maintain insurance and bonds;

     (8) Borrow, accept, or contract for services of personnel, including, but not limited to,

employees of a member state;

     (9) 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;

     (10) 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 avoid any appearance of impropriety and/or conflict of interest;

     (11) 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 avoid any appearance of impropriety;

     (12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any

property real, personal, or mixed;

     (13) Establish a budget and make expenditures;

     (14) Borrow money;

     (15) Appoint committees, including standing committees composed 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;

     (16) Provide and receive information from, and cooperate with, law enforcement agencies;

     (17) Establish and elect an executive board; and

     (18) Perform such other functions as may be necessary or appropriate to achieve the

purposes of this compact consistent with the state regulation of physical therapy licensure and

practice.

     (d) The executive board shall have the power to act on behalf of the commission according

to the terms of this compact. The executive board shall be composed of nine (9) members:

     (1) Seven (7) voting members who are elected by the commission from the current

membership of the commission;

     (2) One ex-officio, non-voting member from the recognized national physical therapy

professional association; and

     (3) One ex-officio, non-voting member from the recognized membership organization of

the physical therapy licensing boards.

     (4) The ex-officio members will be selected by their respective organizations.

     (5) The commission may remove any member of the executive board as provided in the

bylaws.

     (e) The executive board shall meet at least annually.

     (f) The executive board shall have the following duties and responsibilities:

     (1) Recommend to the entire commission changes to the rules or bylaws, changes to this

compact, fees paid by compact member states such as annual dues, and any commission compact

fee charged to licensees for the compact privilege;

     (2) Ensure compact administration services are appropriately provided, contractual or

otherwise;

     (3) Prepare and recommend the budget;

     (4) Maintain financial records on behalf of the commission;

     (5) Monitor compact compliance of member states and provide compliance reports to the

commission;

     (6) Establish additional committees as necessary; and

     (7) Other duties as provided in rules or bylaws.

     (g)(1) All meetings of the commission shall be open to the public, and public notice of

meetings shall be given in the same manner as required under the rulemaking provisions of § 5-

40.2-10.

     (2) The commission or the executive board or other committees of the commission may

convene in a closed, non-public meeting if the commission or executive board or other committees

of the commission must discuss:

     (i) Non-compliance of a member state with its obligations under the compact;

     (ii) The employment, compensation, discipline, or other matters, practices, or procedures

related to specific employees or other matters related to the commission’s internal personnel

practices and procedures;

     (iii) Current, threatened, or reasonably anticipated litigation;

     (iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real

estate;

     (v) Accusing any person of a crime or formally censuring any person;

     (vi) Disclosure of trade secrets or commercial or financial information that is privileged or

confidential;

     (vii) Disclosure of information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

     (viii) Disclosure of investigative records compiled for law enforcement purposes;

     (ix) Disclosure of information related to any investigative reports prepared by or on behalf

of or for use of the commission or other committee charged with responsibility of investigation or

determination of compliance issues pursuant to the compact; or

     (x) Matters specifically exempted from disclosure by federal or member state statute.

     (h) 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.

     (i) The commission shall keep minutes that fully and clearly describe all matters discussed

in a meeting and shall provide a full and accurate summary of actions taken, 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 by a majority vote of the commission or order of a court

of competent jurisdiction.

     (j) The commission shall pay, or provide for the payment of, the reasonable expenses of its

establishment, organization, and ongoing activities.

     (1) The commission may accept any and all appropriate revenue sources, donations, and

grants of money, equipment, supplies, materials, and services.

     (2) The commission may levy on and collect an annual assessment from each member state

or impose fees on other parties to cover the cost of the operations and activities of the commission

and its staff, which shall 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 member states.

     (3) 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 member states,

except by and with the authority of the member state.

     (4) 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.

     (k) 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, however, that nothing in this section

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.

     (1) 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, however, that nothing herein shall be construed to prohibit that person from retaining

their 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.

     (2) 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.

 

104)

Section

Added By Chapter Numbers:

 

5-40.2-9

272 and 273

 

 

5-40.2-9. Data System.

     (a) The commission shall provide for the development, maintenance, and utilization of a

coordinated database and reporting system containing licensure, adverse action, and investigative

information on all licensed individuals in member states.

     (b) Notwithstanding any other provision of state law to the contrary, a member state shall

submit a uniform data set to the data system on all individuals to whom this compact is applicable

as required by the rules of the commission, including:

     (1) Identifying information;

     (2) Licensure data;

     (3) Adverse actions against a license or compact privilege;

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

     (5) Any denial of application for licensure, and the reason(s) for such denial; and

     (6) Other information that may facilitate the administration of this compact, as determined

by the rules of the commission.

     (c) Investigative information pertaining to a licensee in any member state will only be

available to other party states.

     (d) The commission shall promptly notify all member states of any adverse action taken

against a licensee or an individual applying for a license. Adverse action information pertaining to

a licensee in any member state will be available to any other member state.

     (e) Member states contributing information to the data system may designate information

that may not be shared with the public without the express permission of the contributing state.

     (f) Any information submitted to the data system that is subsequently required to be

expunged by the laws of the member state contributing the information shall be removed from the

data system.

 

105)

Section

Added By Chapter Numbers:

 

5-40.2-10

272 and 273

 

 

5-40.2-10. Rulemaking.

     (a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth

in this section 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 member states rejects a rule, by enactment of a

statute or resolution in the same manner used to adopt the compact within four (4) years of the date

of adoption of the rule, then such rule shall have no further force and effect in any member 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 thirty (30) 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 or other publicly accessible platform; and

     (2) On the website of each member state physical therapy licensing board or other publicly

accessible platform 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;

     (2) A state or federal governmental subdivision or agency; or

     (3) An association having 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. If the hearing is held via electronic means,

the commission shall publish the mechanism for access to the electronic 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) All hearings will be recorded. A copy of the recording will be made available on

request.

     (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) 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.

     (k) 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.

     (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 member 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.

 

106)

Section

Added By Chapter Numbers:

 

5-40.2-11

272 and 273

 

 

5-40.2-11. Oversight, dispute resolution, and enforcement.

     (a) The executive, legislative, and judicial branches of state government in each member

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.

     (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 this compact which

may affect the powers, responsibilities, or actions of the commission.

     (c) 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.

     (d) If the commission determines that a member state has defaulted in the performance of

its obligations or responsibilities under this compact or the promulgated rules, the commission

shall:

     (1) Provide written notice to the defaulting state and other member states of the nature of

the default, the proposed means of curing the default and/or any other action to be taken by the

commission; and

     (2) Provide remedial training and specific technical assistance regarding the default.

     (e) If a state in default fails to cure the default, the defaulting state may be terminated from

the compact upon an affirmative vote of a majority of the member states, and all rights, privileges

and benefits conferred by this compact may be terminated 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 default.

     (f) 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 given

by the commission to the governor, the majority and minority leaders of the defaulting state’s

legislature, and each of the member states.

     (g) A state that has been terminated is responsible for all assessments, obligations, and

liabilities incurred through the effective date of termination, including obligations that extend

beyond the effective date of termination.

     (h) The commission shall not bear any costs related to a state that is found to be in default

or that has been terminated from the compact, unless agreed upon in writing between the

commission and the defaulting state.

     (i) The defaulting state may appeal the action of the commission by petitioning the U.S.

District Court for the District of Columbia or the federal district where the commission has its

principal offices. The prevailing member shall be awarded all costs of such litigation, including

reasonable attorneys' fees.

     (j) Upon request by a member state, the commission shall attempt to resolve disputes

related to the compact that arise among member states and between member and non-member

states.

     (k) The commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes as appropriate.

     (l) The commission, in the reasonable exercise of its discretion, shall enforce the provisions

and rules of this compact.

     (m) By majority vote, the commission may initiate legal action in the United States District

Court for the District of Columbia or the federal district where the commission has its principal

offices against a member 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 attorneys' fees.

     (n) The remedies in this section shall not be the exclusive remedies of the commission. The

commission may pursue any other remedies available under federal or state law.

 

107)

Section

Added By Chapter Numbers:

 

5-40.2-12

272 and 273

 

 

5-40.2-12. Date of implementation of the interstate commission for physical therapy

practice and associated rules, withdrawal, and amendment.

     (a) The compact shall come into effect on the date on which the compact statute is enacted

into law in the tenth member 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 that 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 that 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 member state may withdraw from this compact by enacting a statute repealing the

same.

     (1) A member 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

physical therapy licensing board to comply with the investigative and adverse action reporting

requirements of this chapter prior to the effective date of withdrawal.

     (d) Nothing contained in this compact shall be construed to invalidate or prevent any

physical therapy licensure agreement or other cooperative arrangement between a member state

and a non-member state that does not conflict with the provisions of this compact.

     (e) This compact may be amended by the member states. No amendment to this compact

shall become effective and binding upon any member state until it is enacted into the laws of all

member states.

 

108)

Section

Added By Chapter Numbers:

 

5-40.2-13

272 and 273

 

 

5-40.2-13. Construction and severability.

     This compact shall be liberally construed in order to effectuate the purposes thereof. The

provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of

this compact is declared to be contrary to the constitution of any party state or of the United States

or the applicability thereof to any government, agency, person, or circumstance is held invalid, the

validity of the remainder of this compact and the applicability thereof to any government, agency,

person or circumstance shall not be affected thereby. If this compact shall be held contrary to the

constitution of any party state, the compact shall remain in full force and effect as to the remaining

party states and in full force and effect as to the party state affected as to all severable matters.

 

109)

Section

Added By Chapter Numbers:

 

5-48.3

270 and 271

 

 

CHAPTER 48.3

AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT

 

110)

Section

Added By Chapter Numbers:

 

5-48.3-1

270 and 271

 

 

5-48.3-1. Purpose.

     (a) The purpose of this chapter is to establish participation in a compact to facilitate

interstate practice of audiology and speech language pathology with the goal of improving public

access to audiology and speech-language pathology services. The practice of audiology and speech-

language pathology occurs in the state where the patient/client/student is located at the time of the

patient/client/student encounter. The compact preserves the regulatory authority of states to protect

public health and safety through the current system of state licensure.

     (b) This chapter and compact are designed to achieve the following objectives:

     (1) Increase public access to audiology and speech-language pathology services by

providing for the mutual recognition of other member state licenses;

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

     (3) Encourage the cooperation of member states in regulating multistate audiology and

speech-language pathology practice;

     (4) Support spouses of relocating active duty military personnel;

     (5) Enhance the exchange of licensure, investigative, and disciplinary information between

member states;

     (6) Allow a remote state to hold a provider of services with a compact privilege in that state

accountable to that state's practice standards; and

     (7) Allow for the use of telehealth technology to facilitate increased access to audiology

and speech-language pathology services.

 

111)

Section

Added By Chapter Numbers:

 

5-48.3-2

270 and 271

 

 

5-48.3-2. Definitions.

     As used in this chapter, and except as otherwise provided, the following definitions shall

apply:

     (1) "Active duty military" means full-time duty status in the active uniformed service of

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

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

     (2) "Adverse action" means any administrative, civil, equitable, or criminal action

permitted by a state's laws which is imposed by a licensing board or other authority against an

audiologist or speech-language pathologist, including actions against an individual's license or

privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or

restriction on the licensee's practice.

     (3) "Alternative program" means a non-disciplinary monitoring process approved by an

audiology or speech-language pathology licensing board to address impaired practitioners.

     (4) "Audiologist" means an individual who is licensed by a state to practice audiology.

     (5) "Audiology" means the care and services provided by a licensed audiologist as set forth

in the member state's statutes and rules.

     (6) "Audiology and speech-language pathology compact commission" or "commission"

means the national administrative body whose membership consists of all states that have enacted

the compact.

     (7) "Audiology and speech-language pathology licensing board," "audiology licensing

board," "speech-language pathology licensing board," or "licensing board" means the agency of a

state that is responsible for the licensing and regulation of audiologists and/or speech-language

pathologists.

     (8) "Compact privilege" means the authorization granted by a remote state to allow a

licensee from another member state to practice as an audiologist or speech-language pathologist in

the remote state under its laws and rules. The practice of audiology or speech-language pathology

occurs in the member state where the patient/client/student is located at the time of the

patient/client/student encounter.

     (9) "Current significant investigative information" means investigative information that a

licensing board, after an inquiry or investigation that includes notification and an opportunity for

the audiologist or speech-language pathologist to respond, if required by state law, has reason to

believe is not groundless and, if proved true, would indicate more than a minor infraction.

     (10) "Data system" means a repository of information about licensees, including, but not

limited to, continuing education, examination, licensure, investigative, compact privilege, and

adverse action.

     (11) "Encumbered license" means a license in which an adverse action restricts the practice

of audiology or speech-language pathology by the licensee and said adverse action has been

reported to the National Practitioners Data Bank (NPDB).

     (12) "Executive committee" means a group of directors elected or appointed to act on

behalf of, and within the powers granted to them by, the commission.

     (13) "Home state" means the member state that is the licensee's primary state of residence.

     (14) "Impaired practitioner" means individuals whose professional practice is adversely

affected by substance abuse, addiction, or other health-related conditions.

     (15) "Licensee" means an individual who currently holds an authorization from the state

licensing board to practice as an audiologist or speech-language pathologist.

     (16) "Member state" means a state that has enacted the compact.

     (17) "Privilege to practice" means a legal authorization permitting the practice of audiology

or speech-language pathology in a remote state.

     (18) "Remote state" means a member state other than the home state where a licensee is

exercising or seeking to exercise the compact privilege.

     (19) "Rule" means a regulation, principle, or directive promulgated by the commission that

has the force of law.

     (20) "Single-state license" means an audiology or speech-language pathology license

issued by a member state that authorizes practice only within the issuing state and does not include

a privilege to practice in any other member state.

     (21) "Speech-language pathologist" means an individual who is licensed by a state to

practice speech-language pathology.

     (22) "Speech-language pathology" means the care and services provided by a licensed

speech-language pathologist as set forth in the member state's statutes and rules.

     (23) "State" means any state, commonwealth, district, or territory of the United States of

America that regulates the practice of audiology and speech-language pathology.

     (24) "State practice laws" means a member state's laws, rules, and regulations that govern

the practice of audiology or speech-language pathology, define the scope of audiology or speech-

language pathology practice, and create the methods and grounds for imposing discipline.

     (25) "Telehealth" means the application of telecommunication technology to deliver

audiology or speech-language pathology services at a distance for assessment, intervention, and/or

consultation.

 

112)

Section

Added By Chapter Numbers:

 

5-48.3-3

270 and 271

 

 

5-48.3-3. State participation in compact.

     (a) A license issued to an audiologist or speech-language pathologist by a home state to a

resident in that state shall be recognized by each member state as authorizing an audiologist or

speech-language pathologist to practice audiology or speech-language pathology, under a privilege

to practice, in each member state.

     (b) A state shall implement or utilize procedures for considering the criminal history

records of applicants for initial privilege to practice. These procedures shall include the submission

of fingerprints or other biometric-based information by applicants for the purpose of obtaining an

applicant's criminal history record information from the Federal Bureau of Investigation and the

agency responsible for retaining that state's criminal records.

     (1) A member state shall fully implement a criminal background check requirement, within

a time frame established by rule, by receiving the results of the Federal Bureau of Investigation

record search on criminal background checks and use the results in making licensure decisions.

     (2) Communication between a member state, the commission and among member states

regarding the verification of eligibility for licensure through the compact shall not include any

information received from the Federal Bureau of Investigation relating to a federal criminal records

check performed by a member state under Pub. L. 92-544.

     (c) Upon application for a privilege to practice, the licensing board in the issuing remote

state shall ascertain, through the data system, whether the applicant has ever held, or is the holder

of, a license issued by any other state, whether there are any encumbrances on any license or

privilege to practice held by the applicant, whether any adverse action has been taken against any

license or privilege to practice held by the applicant.

     (d) Each member state shall require an applicant to obtain or retain a license in the home

state and meet the home state's qualifications for licensure or renewal of licensure, as well as, all

other applicable state laws.

     (e) For an audiologist:

     (1) Shall meet one of the following educational requirements:

     (i) On or before, Dec. December 31, 2007, has graduated with a master's degree or

doctorate in audiology, or equivalent degree regardless of degree name, from a program that is

accredited by an accrediting agency recognized by the Council for Higher Education Accreditation,

or its successor, or by the United States Department of Education and operated by a college or

university accredited by a regional or national accrediting organization recognized by the board; or

     (ii) On or after, Jan. January 1, 2008, has graduated with a Doctoral degree in audiology,

or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting

agency recognized by the Council for Higher Education Accreditation, or its successor, or by the

United States Department of Education and operated by a college or university accredited by a

regional or national accrediting organization recognized by the board; or

     (iii) Has graduated from an audiology program that is housed in an institution of higher

education outside of the United States:

     (A) For which the program and institution have been approved by the authorized

accrediting body in the applicable country; and

     (B) The degree program has been verified by an independent credentials review agency to

be comparable to a state licensing board-approved program.

     (2) Has completed a supervised clinical practicum experience from an accredited

educational institution or its cooperating programs as required by the commission;

     (3) Has successfully passed a national examination approved by the commission;

     (4) Holds an active, unencumbered license;

     (5) Has not been convicted or found guilty, and has not entered into an agreed disposition,

of a felony related to the practice of audiology, under applicable state or federal criminal law; and

     (6) Has a valid United States Social Security or National Practitioner Identification number.

     (f) For a speech-language pathologist:

     (1) Shall meet one of the following educational requirements:

     (i) Has graduated with a master's degree from a speech-language pathology program that

is accredited by an organization recognized by the United States Department of Education and

operated by a college or university accredited by a regional or national accrediting organization

recognized by the board; or

     (ii) Has graduated from a speech-language pathology program that is housed in an

institution of higher education outside of the United States for which the program and institution

have been approved by the authorized accrediting body in the applicable country and the degree

program has been verified by an independent credentials review agency to be comparable to a state

licensing board-approved program.

     (2) Has completed a supervised clinical practicum experience from an educational

institution or its cooperating programs as required by the commission;

     (3) Has completed a supervised postgraduate professional experience as required by the

commission;

     (4) Has successfully passed a national examination approved by the commission;

     (5) Holds an active, unencumbered license;

     (6) Has not been convicted or found guilty, and has not entered into an agreed disposition,

of a felony related to the practice of speech-language pathology, under applicable state or federal

criminal law; and

     (7) Has a valid United States Social Security Number or National Practitioner Identification

Number.

     (g) The privilege to practice is derived from the home state license.

     (h) An audiologist or speech-language pathologist practicing in a member state shall

comply with the state practice laws of the state in which the client is located at the time service is

provided. The practice of audiology and speech-language pathology shall include all audiology and

speech-language pathology practice as defined by the state practice laws of the member state in

which the client is located. The practice of audiology and speech-language pathology in a member

state under a privilege to practice shall subject an audiologist or speech-language pathologist to the

jurisdiction of the licensing board, the courts and the laws of the member state in which the client

is located at the time service is provided.

     (i) Individuals not residing in a member state shall continue to be able to apply for a

member state's single-state license as provided under the laws of each member state; provided,

however, the single-state license granted to these individuals shall not be recognized as granting

the privilege to practice audiology or speech-language pathology in any other member state.

Nothing in this compact shall affect the requirements established by a member state for the issuance

of a single-state license.

     (j) Member states may charge a fee for granting a compact privilege.

     (k) Member states shall comply with the bylaws and rules and regulations of the

commission.

 

113)

Section

Added By Chapter Numbers:

 

5-48.3-4

270 and 271

 

 

5-48.3-4. Compact privileges.

     (a) To exercise the compact privilege under the terms and provisions of this chapter, the

audiologist or speech-language pathologist shall:

     (1) Hold an active license in the home state;

     (2) Have no encumbrance on any state license;

     (3) Be eligible for a compact privilege in any member state in accordance with §5-48.3-3;

     (4) Have not had any adverse action against any license or compact privilege within the

previous two (2) years from date of application;

     (5) Notify the commission that the licensee is seeking the compact privilege within a

remote state(s);

     (6) Pay any applicable fees, including any state fee, for the compact privilege; and

     (7) Report to the commission adverse action taken by any non-member state within thirty

(30) days from the date the adverse action is taken.

     (b) For the purposes of the compact privilege, an audiologist or speech-language

pathologist shall only hold one home state license at a time.

     (c) Except as provided in § 5-48.3-6, if an audiologist or speech-language pathologist

changes primary state of residence by moving between two (2) member states, the audiologist or

speech-language pathologist shall apply for licensure in the new home state, and the license issued

by the prior home state shall be deactivated in accordance with applicable rules adopted by the

commission.

     (d) The audiologist or speech-language pathologist may apply for licensure in advance of

a change in primary state of residence.

     (e) A license shall not be issued by the new home state until the audiologist or speech

language pathologist provides satisfactory evidence of a change in primary state of residence to the

new home state and satisfies all applicable requirements to obtain a license from the new home

state.

     (f) If an audiologist or speech-language pathologist changes primary state of residence by

moving from a member state to a non-member state, the license issued by the prior home state shall

convert to a single-state license, valid only in the former home state.

     (g) The compact privilege is valid until the expiration date of the home state license. The

licensee shall comply with the requirements of § 5-48.3- 4 subsection (a) of this section to maintain

the compact privilege in the remote state.

     (h) A licensee providing audiology or speech-language pathology services in a remote state

under the compact privilege shall function within the laws and regulations of the remote state.

     (i) A licensee providing audiology or speech-language pathology services in a remote state

is subject to that state's regulatory authority. A remote state may, in accordance with due process

and that state's laws, remove a licensee's compact privilege in the remote state for a specific period

of time, impose fines, and/or take any other necessary actions to protect the health and safety of its

citizens.

     (j) If a home state license is encumbered, the licensee shall lose the compact privilege in

any remote state until the following occur:

     (1) The home state license is no longer encumbered; and

     (2) Two (2) years have elapsed from the date of the adverse action.

     (k) Once an encumbered license in the home state is restored to good standing, the licensee

shall meet the requirements of § 5-48.3- 4 subsection (a) of this section to obtain a compact

privilege in any remote state.

     (l) Once the requirements of §5-48.3-4 subsection (j) of this section have been met, the

licensee shall meet the requirements in § 5-48.3-4 subsection (a) of this section to obtain a compact

privilege in a remote state.

 

114)

Section

Added By Chapter Numbers:

 

5-48.3-5

270 and 271

 

 

5-48.3-5. Compact privileges to practice telehealth.

     Member states shall recognize the right of an audiologist or speech-language pathologist,

licensed by a home state in accordance with § 5-48.3-3 and under rules promulgated by the

commission, to practice audiology or speech-language pathology in any member state via telehealth

under a privilege to practice as provided in the compact and rules promulgated by the commission.

 

115)

Section

Added By Chapter Numbers:

 

5-48.3-6

270 and 271

 

 

5-48.3-6. Active duty military personnel or their spouses.

     Active duty military personnel, or their spouse, shall designate a home state where the

individual has a current license in good standing. The individual may retain the home state

designation during the period the service member is on active duty. Subsequent to designating a

home state, the individual shall only change their home state through application for licensure in

the new state.

 

116)

Section

Added By Chapter Numbers:

 

5-48.3-7

270 and 271

 

 

5-48.3-7. Adverse actions.

     (a) In addition to the other powers conferred by state law, a remote state shall have the

authority, in accordance with existing state due process law, to:

     (1) Take adverse action against an audiologist's or speech-language pathologist's privilege

to practice within that member state;

     (2) Issue subpoenas for both hearings and investigations that require the attendance and

testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board

in a member state for the attendance and testimony of witnesses or the production of evidence from

another member state shall be enforced in the latter state by any court of competent jurisdiction,

according to the practice and procedure of that court applicable to subpoenas issued in proceedings

pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and

other fees required by the service statutes of the state in which the witnesses or evidence are located;

and

     (3) Only the home state shall have the power to take adverse action against an audiologist's

or speech-language pathologist's license issued by the home state.

     (b) For purposes of taking adverse action, the home state shall give the same priority and

effect to reported conduct received from a member state as it would if the conduct had occurred

within the home state. In so doing, the home state shall apply its own state laws to determine

appropriate action.

     (c) The home state shall complete any pending investigations of an audiologist or speech-

language pathologist who changes primary state of residence during the course of the

investigations. The home state shall also have the authority to take appropriate actions and shall

promptly report the conclusions of the investigations to the administrator of the data system. The

administrator of the coordinated licensure information system shall promptly notify the new home

state of any adverse actions.

     (d) If otherwise permitted by state law, the member state may recover from the affected

audiologist or speech-language pathologist the costs of investigations and disposition of cases

resulting from any adverse action taken against that audiologist or speech-language pathologist.

     (e) The member state may take adverse action based on the factual findings of the remote

state; provided that, the member state follows the member state's own procedures for taking the

adverse action.

     (f) Joint Investigations.

     (1) In addition to the authority granted to a member state by its respective audiology or

speech-language pathology practice act or other applicable state law, any member state may

participate with other member states in joint investigations of licensees.

     (2) Member states shall share any investigative, litigation, or compliance materials in

furtherance of any joint or individual investigation initiated under the compact.

     (g) If adverse action is taken by the home state against an audiologist's or speech language

pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all

other member states shall be deactivated until all encumbrances have been removed from the state

license. All home state disciplinary orders that impose adverse action against an audiologist's or

speech language pathologist's license shall include a statement that the audiologist's or speech-

language pathologist's privilege to practice is deactivated in all member states during the pendency

of the order.

     (h) If a member state takes adverse action, it shall promptly notify the administrator of the

data system. The administrator of the data system shall promptly notify the home state of any

adverse actions by remote states.

     (i) Nothing in this compact shall override a member state's decision that participation in an

alternative program may be used in lieu of adverse action.

 

117)

Section

Added By Chapter Numbers:

 

5-48.3-8

270 and 271

 

 

5-48.3-8. Establishment of the audiology and speech-language pathology compact

commission.

     (a) The compact member states hereby create and establish a joint public agency known as

the audiology and speech-language pathology compact commission.

     (1) The commission is 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) Each member state shall have two (2) delegates selected by that member state's

licensing board. The delegates shall be current members of the licensing board. One shall be an

audiologist and one shall be a speech-language pathologist.

     (2) An additional five (5) delegates, who are either a public member or board administrator

from a state licensing board, shall be chosen by the executive committee from a pool of nominees

provided by the commission at large.

     (3) Any delegate may be removed or suspended from office as provided by the law of the

state from which the delegate is appointed.

     (4) The member state board shall fill any vacancy occurring on the commission, within

ninety (90) days.

     (5) Each delegate 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.

     (6) A delegate shall vote in person or by other means as provided in the bylaws. The bylaws

may provide for delegates' participation in meetings by telephone or other means of

communication.

     (7) The commission shall meet at least once during each calendar year. Additional meetings

shall be held as set forth in the bylaws.

     (c) The commission shall have the following powers and duties:

     (1) Establish the fiscal year of the commission;

     (2) Establish bylaws;

     (3) Establish a code of ethics;

     (4) Maintain its financial records in accordance with the bylaws;

     (5) Meet and take actions as are consistent with the provisions of this compact and the

bylaws;

     (6) Promulgate uniform rules to facilitate and coordinate implementation and

administration of this compact. The rules shall have the force and effect of law and shall be binding

in all member states;

     (7) Bring and prosecute legal proceedings or actions in the name of the commission;

provided that, the standing of any state audiology or speech-language pathology licensing board to

sue or be sued under applicable law shall not be affected;

     (8) Purchase and maintain insurance and bonds;

     (9) Borrow, accept, or contract for services of personnel, including, but not limited to,

employees of a member state;

     (10) Hire employees, elect or appoint officers, fix compensation, define duties, grant

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;

     (11) 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 avoid any appearance of impropriety and/or conflict of interest;

     (12) 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 avoid any appearance of impropriety;

     (13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any

property, real, personal, or mixed;

     (14) Establish a budget and make expenditures;

     (15) Borrow money;

     (16) Appoint committees, including standing committees composed of members, and other

interested persons as may be designated in this compact and the bylaws;

     (17) Provide and receive information from, and cooperate with, law enforcement agencies;

     (18) Establish and elect an executive committee; and

     (19) Perform other functions as may be necessary or appropriate to achieve the purposes

of this compact consistent with the state regulation of audiology and speech- language pathology

licensure and practice.

     (d) The executive committee. The executive committee shall have the power to act on

behalf of the commission according to the terms of this compact:

     (1) The executive committee shall be composed of ten (10) members as follows:

     (i) Seven (7) voting members who shall be elected by the commission from the current

membership of the commission;

     (ii) Two (2) ex officio members, consisting of one nonvoting member from a recognized

national audiology professional association and one nonvoting member from a recognized national

speech-language pathology association; and

     (iii) One ex officio, nonvoting member from the recognized membership organization of

the audiology and speech-language pathology licensing boards.

     (e) The ex officio members shall be selected by their respective organizations.

     (1) The commission may remove any member of the executive committee as provided in

bylaws.

     (2) The executive committee shall meet at least annually.

     (3) The executive committee shall have the following duties and responsibilities:

     (i) Recommend to the entire commission changes to the rules or bylaws, changes to this

compact legislation, fees paid by compact member states such as annual dues, and any commission

compact fee charged to licensees for the compact privilege;

     (ii) Ensure compact administration services are appropriately provided, contractual or

otherwise;

     (iii) Prepare and recommend the budget;

     (iv) Maintain financial records on behalf of the commission;

     (v) Monitor compact compliance of member states and provide compliance reports to the

commission;

     (vi) Establish additional committees as necessary; and

     (vii) Other duties as provided in rules or bylaws.

     (4) Meetings of the commission. 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 § 5-

48.3-10.

     (5) The commission or the executive committee or other committees of the commission

may convene in a closed, non-public meeting if the commission or executive committee or other

committees of the commission shall discuss:

     (i) Non-compliance of a member state with its obligations under the compact;

     (ii) The employment, compensation, discipline, or other matters, practices, or procedures

related to specific employees or other matters related to the commission's internal personnel

practices and procedures;

     (iii) Current, threatened, or reasonably anticipated litigation;

     (iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real

estate;

     (v) Accusing any person of a crime or formally censuring any person;

     (vi) Disclosure of trade secrets or commercial or financial information that is privileged or

confidential;

     (vii) Disclosure of information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

     (viii) Disclosure of investigative records compiled for law enforcement purposes;

     (ix) Disclosure of information related to any investigative reports prepared by or on behalf

of or for use of the commission or other committee charged with responsibility of investigation or

determination of compliance issues pursuant to the compact; or

     (x) Matters specifically exempted from disclosure by federal or member state statute.

     (6) 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.

     (f) The commission shall keep minutes that fully and clearly describe all matters discussed

in a meeting and shall provide a full and accurate summary of actions taken, and the reasons

therefore, including a description of the views expressed. All documents considered in connection

with an action shall be identified in minutes. All minutes and documents of a closed meeting shall

remain under seal, subject to release by a majority vote of the commission or order of a court of

competent jurisdiction.

     (g) 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 member state

or impose fees on other parties to cover the cost of the operations and activities of the commission

and its staff, which shall 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 member states.

     (h) 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 member states,

except by and with the authority of the member state.

     (i) 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.

     (j) 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 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 their 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 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.

 

118)

Section

Added By Chapter Numbers:

 

5-48.3-9

270 and 271

 

 

5-48.3-9. Database and reporting system.

     (a) The commission shall provide for the development, maintenance, and utilization of a

coordinated database and reporting system containing licensure, adverse action, and investigative

information on all licensed individuals in member states.

     (b) Notwithstanding any other provision of state law to the contrary, a member state shall

submit a uniform data set to the data system on all individuals to whom this compact is applicable

as required by the rules of the commission, including:

     (1) Identifying information;

     (2) Licensure data;

     (3) Adverse actions against a license or compact privilege;

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

     (5) Any denial of application for licensure, and the reason(s) for denial; and

     (6) Other information that may facilitate the administration of this compact, as determined

by the rules of the commission.

     (c) Investigative information pertaining to a licensee in any member state shall only be

available to other member states.

     (d) The commission shall promptly notify all member states of any adverse action taken

against a licensee or an individual applying for a license. Adverse action information pertaining to

a licensee in any member state shall be available to any other member state.

     (e) Member states contributing information to the data system may designate information

that may not be shared with the public without the express permission of the contributing state.

     (f) Any information submitted to the data system that is subsequently required to be

expunged by the laws of the member state contributing the information shall be removed from the

data system.

 

119)

Section

Added By Chapter Numbers:

 

5-48.3-10

270 and 271

 

 

5-48.3-10. Rulemaking.

     (a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth

in this chapter 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 member states rejects a rule, by enactment of a

statute or resolution in the same manner used to adopt the compact within four (4) years of the date

of adoption of the rule, the rule shall have no further force and effect in any member 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 thirty (30) days in advance of the meeting at which the rule shall be considered and voted

upon, the commission shall file a notice of proposed rulemaking:

     (1) On the website of the commission or other publicly accessible platform; and

     (2) On the website of each member state audiology or speech-language pathology licensing

board or other publicly accessible platform 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 shall 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 the 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;

     (2) A state or federal governmental subdivision or agency; or

     (3) An association having 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. If the hearing is held via electronic means,

the commission shall publish the mechanism for access to the electronic 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) All hearings shall be recorded. A copy of the recording shall be made available on

request.

     (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) 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.

     (k) 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.

     (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 shall be

adopted immediately in order to:

     (1) Meet an imminent threat to public health, safety, or welfare;

     (2) Prevent a loss of commission or member state funds; or

     (3) Meet a deadline for the promulgation of an administrative rule that is established by

federal law or rule.

     (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 shall take effect without further action. If the revision is challenged, the revision may not

take effect without the approval of the commission.

 

120)

Section

Added By Chapter Numbers:

 

5-48.3-11

270 and 271

 

 

5-48.3-11. Oversight, dispute resolution, and enforcement.

     (a) Dispute resolution.

     (1) Upon request by a member state, the commission shall attempt to resolve disputes

related to the compact that arise among member states and between member and non-member

states.

     (2) The commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes as appropriate.

     (b) 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 District of Columbia or the federal district where the commission has its principal

offices against a member 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 litigation, including reasonable attorneys' 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.

 

121)

Section

Added By Chapter Numbers:

 

5-48.3-12

270 and 271

 

 

5-48.3-12. Date of implementation of the interstate commission for audiology and

speech-language pathology practice and associated rules, withdrawal, and amendment. (a)

The compact shall come into effect on the date on which the compact statute is enacted into law in

the tenth member 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 that joins the compact subsequent to the commission's initial adoption of the

rules shall be subject to the rules as the rules exist on the date on which the compact becomes law

in that state. Any rule that 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 member state may withdraw from this compact by enacting a statute repealing the

same.

     (1) A member 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

audiology or speech-language pathology licensing board 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 chapter or the compact shall be construed to invalidate or

prevent any audiology or speech-language pathology licensure agreement or other cooperative

arrangement between a member state and a non-member state that does not conflict with the

provisions of this compact.

     (e) This compact may be amended by the member states. No amendment to this compact

shall become effective and binding upon any member state until it is enacted into the laws of all

member states.

 

122)

Section

Added By Chapter Numbers:

 

5-48.3-13

270 and 271

 

 

5-48.3-13. Construction and severability.

     This chapter and compact shall be liberally construed so as to effectuate the purposes

thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or

provision of this compact is declared to be contrary to the constitution of any member state or of

the United States or the applicability thereof to any government, agency, person, or circumstance

is held invalid, the validity of the remainder of this compact and the applicability thereof to any

government, agency, person or circumstance shall not be affected thereby. If this compact shall be

held contrary to the constitution of any member state, the compact shall remain in full force and

effect as to the remaining member states and in full force and effect as to the member state affected

as to all severable matters.

 

123)

Section

Added By Chapter Numbers:

 

5-48.3-14

270 and 271

 

 

5-48.3-14. 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 commission, including all rules and bylaws promulgated by

the commission, are binding upon the member states.

     (d) All agreements between the 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, the provision shall be ineffective to the extent of the conflict

with the constitutional provision in question in that member state.

 

124)

Section

Amended By Chapter Numbers:

 

5-70-5

330 and 331

 

 

5-70-5. Form of license and registration.

     Three (3) major forms of license shall be issued with the two (2) higher licenses carrying

certification for one or more of the four (4) category(s), as defined within this chapter, for which

qualified:

     (1) Telecommunications system contractor.

     (i) TSC license shall be issued to any person qualified under this chapter representing

themselves, individually, or a firm or corporation engaging in, or about to engage in, the business

of designing, installing, altering, servicing, and/or testing telecommunications systems.

     (ii) Qualification shall be evidenced by passing the examination(s) for any or all of the

categories of telecommunications systems described in this chapter, and applicants who hold an

equivalent out-of-state license, as determined by this board, issued by another state shall be allowed

to take the Rhode Island form TSC license examination. Applicants for TSC license who hold no

equivalent form of TSC license issued in another state and show evidence of three (3) years of

verifiable and continuous contracting experience, immediately preceding the date of application

and are registered to conduct business in the state of Rhode Island, will be allowed to take the

Rhode Island form of TSC examination. Applicants who do not meet these qualifications shall have

been licensed as a Rhode Island telecommunication systems technician for a minimum of three (3)

consecutive years, immediately preceding the date of application, in order to qualify to take the

TSC examination, and shall have been registered to conduct business in the state of Rhode Island.

     (iii) The holding of a TSC license shall entitle the holder individually to contract for,

engage in, and/or perform the actual work of designing, installing the type(s) of

telecommunications systems for which they were granted certification. No individual shall be

required to hold more than one form of license.

     (2) Telecommunications systems technician.

     (i) TST license shall be issued to any person who passes the examination(s) as defined

within this chapter for any or all of the categories of telecommunications systems described in this

chapter.

     (ii) The holding of a TST license shall entitle the holder individually to perform the actual

work of installing, altering, servicing, and/or testing the type(s) of telecommunications systems for

which they were granted certification. All the work performed shall be under the supervision of the

holder of a TSC license.

     (3) Telecommunications system limited installer.

     (i) TSLI license shall be issued to any person who passes the examination as defined within

this chapter and as described in this section.

     (ii) The holding of a TSLI license shall entitle the holder to perform the actual work of

installation of wiring, low-voltage surface raceway, enclosures, and wiring devices directly

associated with a telecommunications system. Connection to, installation of, or servicing of

telecommunications devices shall only be performed under the direct supervision of a holder of a

TST or TSC license.

     (4) Trainee/telecommunications apprentice.

     (i) Registered trainees/telecommunicationstelecommunications apprentices pursuant to §

28-45-13 may be employed to perform the actual work of installation of wiring, low-voltage surface

raceway, enclosures, and wiring devices directly associated with a telecommunications system

under the direct supervision of a holder of a TST or TSC license.

     (ii) Trainees/telecommunicationtelecommunications apprentices shall be required to

register with the licensing authorityRhode Island department of labor and training subsequent to

employment by a person, firm, or corporation licensed as a TSC under this chapter; and prior to

being permitted to perform any actual installation work.

     (iii) The registered trainees/telecommunicationstelecommunications apprentice shall not

be permitted to make connection to, install, or service telecommunications devices. No more than

two (2) registered trainees/telecommunicationstelecommunications apprentices can be directly

supervised by a single TSC or TST license holder.

 

 

 

 

 

 

125)

Section

Amended By Chapter Numbers:

 

5-90-1

280 and 281

 

 

5-90-1. Authority to fine healthcare professionals and assess administrative costs.

     (a)(1) Any licensing board responsible for governing the professional conduct of

individuals with the authority to prescribe controlled substances shall have the authority to assess

a fine against a licensee who has been found guilty of unprofessional conduct and/or violating any

provision of the general laws, any rule, any regulation, any order, any license, or any approval

issued by the director.

     (2)(i) No such fine shall be assessed for the first charge or count against a licensee.

     (ii) Any fine assessed against a licensee for the second charge or count, regardless if the

charge or count appears on the first complaint or a subsequent complaint, shall not exceed one

thousand dollars ($1,000).

     (iii) Any fine assessed against a licensee for each charge or count subsequent to the second

charge or count, regardless if the charge or count appears on the first complaint or a subsequent

complaint, shall not exceed five thousand dollars ($5,000).

     (b) Any licensee who fails to pay an assessed fine within the time period prescribed by the

relevant licensing board shall be subject to disciplinary action, up to and including revocation.

     (c) When an individual licensed by a board described in subsection (a):

     (1) Concurrently holds at least one other license issued by a regulatory entity subject to the

jurisdiction of the department; and

     (2) Fails to comply with any provision of the general laws, any rule, any regulation, any

order, any license, or any approval issued by the director, only one board may issue a fine for the

licensed individual’s unprofessional conduct in connection therewith.

     (d) Prior to the assessment of a fine under this section, the department of health shall adopt

rules and regulations providing guidance on the appropriate range of sanctions and the criteria to

be considered when recommending specific sanctions or administrative monetary penalties to the

director.

     (e) Any licensing board responsible for governing the professional conduct of individuals

with the authority to prescribe controlled substances shall have the authority to assess against the

individual the administrative costs of the proceedings instituted against the licensee under this

chapter; provided that, this assessment shall not exceed five thousand dollars ($5,000), except for

those individuals licensed under chapter 37 of this title.

     (f) In addition to any other penalty authorized by law, the board shall impose a probationary

period on any licensee with the authority to prescribe controlled substances found guilty by the

board of over prescribing, death resulting, for a minimum period of three (3) years. Any subsequent

violation, if substantially related to the conduct or violation for which the licensee is on probation,

occurring during a licensee's probationary period may result in a suspension or revocation of

licensure.

 

126)

Section

Repealed By Chapter Numbers:

 

5-91-25

264 and 265

 

 

5-91-25. [Repealed]

 

127)

Section

Added By Chapter Numbers:

 

5-93

67 and 68

 

 

CHAPTER 93

RESIDENTIAL SOLAR ENERGY DISCLOSURE AND HOMEOWNERS BILL OF RIGHTS

ACT

 

128)

Section

Added By Chapter Numbers:

 

5-93-1

67 and 68

 

 

5-93-1. Short title.

     This chapter shall be known and may be cited as the "Residential Solar Energy Disclosure

and Homeowners Bill of Rights Act."

 

129)

Section

Added By Chapter Numbers:

 

5-93-2

67 and 68

 

 

5-93-2. 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) "Department" means the department of business regulation.

     (3) "Lease" means to transfer the right to possession and use of a residential solar energy

system for a term to a customer on behalf of a solar retailer in return for monetary payment or

consideration.

     (4) "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.

     (5) "Residential solar energy system" means a solar energy system that:

     (i) Is installed in the state;

     (ii) Generates electricity primarily for on-site consumption for personal, family, or

household purposes;

     (iii) Is situated on no more than four (4) units of residential real property;

     (iv) Has an electricity delivery capacity that exceeds one kilowatt; and

     (v) Does not include a generator that:

     (A) Produces electricity; and

     (B) Is intended for occasional use.

     (67) "Solar agreement" means a system purchase agreement, a system lease agreement, or

a power purchase agreement.

     (78) "Solar energy system" means a system or configuration of solar energy devices that

collects and uses solar energy to generate electricity.

     (89) "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.

     (911) "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.

     (1012) "System purchase agreement" means an agreement under which a customer

purchases a residential solar energy system from a solar retailer.

     (1110) "Solicit" means offering or attempting to sell or lease a residential solar energy

system to a person or requesting, urging, or attempting to persuade a person to purchase, lease, or

apply for a particular kind of solar system from a particular solar retailer.

     (126) "Sell" means to transfer a residential solar energy system to a customer on behalf of

a solar retailer in return for monetary payment or other consideration.

 

130)

Section

Added By Chapter Numbers:

 

5-93-3

67 and 68

 

 

5-93-3. 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.

 

 

 

 

131)

Section

Added By Chapter Numbers:

 

5-93-4

67 and 68

 

 

5-93-4. Solar retailer registration.

     (a) All solar retailers selling, leasing, and/or soliciting residential solar energy systems for

purchase or lease shall register with the department and shall renew such registration annually.

     (b) The registration application and any renewal application shall include the following:

     (1) The name and address of the applicant and, if the applicant is an entity, the name and

address of at least one natural person who is in responsible charge of the operations on behalf of

the applicant;

     (2) Evidence of:

     (i) A current permit to make sales at retail from the Rhode Island division of taxation or

confirmation of sales tax exemption, if applicable;

     (ii) Financial responsibility that is acceptable to the department; and

     (iii) Appointment of an agent located within the state who is authorized to accept service

of process on behalf of the applicant;

     (3) A list of all representatives soliciting, leasing, and/or selling solar energy systems on

behalf of a solar retailer, whether for sale or lease.;

     (4) Any other information that the department shall require.

     (c) The fees for initial registration, renewal, and late renewal shall be determined by the

department and established by regulation.

     (d) Each owner, member, director, and principal officer of the applicant, and any individual

acting as manager or a sales representative of the applicant shall obtain and provide a national

criminal records check from the bureau of criminal identification of the department of attorney

general, department of public safety division of the state police, or local police department that

shall include fingerprints submitted to the Federal Bureau of Investigation. The director will

determine by regulation those items of information appearing on a criminal records check that will

constitute disqualifying information and, subject to § 28-5.1-14, render the applicant ineligible for

registration under this chapter. Each applicant shall be responsible for the cost of obtaining the

criminal records check.

     (e) All application requirements must be maintained and kept current for the duration of

the registration.

 

132)

Section

Added By Chapter Numbers:

 

5-93-5

67 and 68

 

 

5-93-5. Solicitations and sales.

     (a) All solicitations, leases, and sales of a residential solar energy systemssystem to a

customer conducted and consummated by mail, door-to-door sale, telephone, electronic, or other

means at the premises of a customer or at a fair, trade or business show, convention, or exposition

shall:

     (1) For any solicitation, identify the person making such solicitation, lease, or sale and the

solar retailer the person represents;

     (2) For door-to-door sales to customers, be conducted in accordance with local ordinances,

or if there is no local ordinance, between the hours of ten o’clock a.m. (10:00 a.m.) and eight

o’clock p.m. (8:00 p.m.) unless the customer schedules an earlier or later appointment, and with

both English and Spanish written materials available. Any representative of a solar retailer shall

prominently display or wear a photo identification badge including their name, registration number,

and the name and registration number of the solar retailer who or that they represent;.

     (b) Each solar retailer shall develop and implement standards and qualifications for

employees and third-party sales representatives who are engaged in the solicitation, lease, and sale

of residential solar energy systems;.

     (c) Each solar retailer shall maintain an active roster of any employees and third-party sales

representatives who are engaged in the solicitation, lease, and sale of residential solar energy

systems, and keep such roster available for inspection by law enforcement or the department; and.

     (d) Each solar retailer and sales or other representative of a solar retailer shall comply with

the provisions of the telemarketing rules adopted pursuant to 15 U.S.C. § 6102 and any other

applicable federal, state, and local laws.

 

133)

Section

Added By Chapter Numbers:

 

5-93-6

67 and 68

 

 

5-93-6. Standard disclosure form required.

     (a) Before entering a solar agreement, a solar retailer shall provide to a potential customer,

in hard copy or via electronic mail with copy attached or downloadable, 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 disclosure 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 standard 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 standard disclosure form and in regard to any changes to the form. At a minimum, the standard

disclosure form shall:

     (1) Be in at least twelve-(12)point (12) type;

     (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 and address of the solar retailer and the name, telephone number, and email

address of the natural person who is in responsible charge of solar retailer sales; 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 or company who or that is expected to provide

operations or maintenance support to the potential customer or introduced that person or company

to the potential customer, the name, address, telephone number, email address, and state contractor

license of the operations or maintenance support person or company; and

     (C) If the solar retailer selected the person or company who or that is expected to provide

financing to the customer for the residential solar energy system or introduced that person or

company to the potential customer, the name, address, telephone number, email address, and state

lending license;

     (3) Include applicable information and disclosures as provided in §§ 5-93-7, 5-93-8, 5-93-

9, and 5-93-10.

 

134)

Section

Added By Chapter Numbers:

 

5-93-7

67 and 68

 

 

5-93-7. Contents of the standard disclosure form for any solar agreement.

     (a) The standard disclosure form shall include:

     (1) A statement 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,

or lack thereof;

     (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 standard disclosure 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 DIVISION OF PUBLIC

UTILITIES AND CARRIERS"; 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 mail

delivery of the standard disclosure form to the potential customer as long as the required disclosures

are displayed in a clear and conspicuous manner and the form is either attached or in a

downloadable format.

 

135)

Section

Added By Chapter Numbers:

 

5-93-8

67 and 68

 

 

5-93-8. Standard 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 lease agreement with a potential customer. The standard disclosure

form will include details about the lease price and its associated escalator, if any.

 

136)

Section

Added By Chapter Numbers:

 

5-93-9

67 and 68

 

 

5-93-9. Standard disclosure form addendum for system purchase agreement.

     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;

     (ii) An itemized description of all additional fees or charges;

     (4) A statement indicating that the cost of insuring the system is not included within the

schedule of payments under subsection (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.

 

137)

Section

Added By Chapter Numbers:

 

5-93-10

67 and 68

 

 

5-93-10. Standard disclosure form addendum for power purchase agreement.

     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.

 

138)

Section

Added By Chapter Numbers:

 

5-93-11

67 and 68

 

 

5-93-11. Customer right to cancel or rescind solar agreement.

     (a) The customer has the right to cancel or rescind a solar agreement within seven (7) days

of entering into the solar agreement. The standard disclosure form required under § 5-93-6 may

also include the written right of rescission notice required to inform the customer of this right as

provided in subsection (b) of this section.

     (b) The solar retailer shall, at the time of entry into the contract, lease, or other agreement

give a written right of cancellation or rescission notice to the consumer, in hard copy or via

electronic mail with copy attached or downloadable, which must substantially comply with this

section. The notice must:

     (1) Appear in the contract, lease, or other agreement under the conspicuous caption:

"NOTICE OF RIGHT TO CANCEL OR RESCIND"; and

     (2) Read as follows:

     (DATE OF TRANSACTION) "YOU MAY CANCEL AND RESCIND THIS

AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN SEVEN (7)

BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL OR RESCIND, YOUR

CANCELLATION OR RESCISSION NOTICE MUST STATE THAT YOU DO NOT WISH TO

BE BOUND BY THE AGREEMENT AND BE MAILED BY REGISTERED OR CERTIFIED

MAIL NOT LATER THAN MIDNIGHT SEVEN (7) DAYS FOLLOWING THE CONSUMER’S

SIGNING THE AGREEMENT, EXCLUDING SUNDAY AND ANY HOLIDAY ON WHICH

REGULAR MAIL DELIVERIES ARE NOT MADE. ALL CANCELLATIONS MUST BE

MAILED TO:

     (INSERT NAME AND ADDRESS OF THE SELLER)."

     (c) Whenever a contract, lease, or other agreement for the sale or lease of a residential solar

energy system fails to conform to the provisions of this section and/or if the consumer or the

consumers consumer’s agent has notified the solar retailer of the consumer’s intent to cancel the

agreement by registered mail, return receipt requested, the solar retailer shall have five (5) business

days to return to the consumer any deposits, fees, costs, or other payments made by the consumer

and any note or other evidence of indebtedness, and any security interest arising out of the

transaction shall be cancelled or terminated. Failure to return all deposits, fees, costs, and other

payments and evidence of indebtedness or to cancel or terminate any security interest shall enable

the consumer to recover from the solar retailer treble damages plus reasonable attorneys’ fees and

costs in any subsequent legal proceeding.

     (d) The consumer’s right of rescission shall not be waived, sold, or abrogated in any way

or manner.

 

139)

Section

Added By Chapter Numbers:

 

5-93-12

67 and 68

 

 

5-93-12. Good-faith estimate allowed.

     If a solar retailer does not, at the time of providing a standard disclosure form, have exact

cost information required to be included in the standard 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 standard disclosure form including itemization of cost differences from the previous

estimate.

 

140)

Section

Added By Chapter Numbers:

 

5-93-13

67 and 68

 

 

5-93-13. Statement of account; disclosure to purchaser of property.

     (a) Within ten (10) business days of a written request from the lessee under a lease or the

debtor under a financing agreement with respect to a residential solar energy system, any solar

retailer who or that is the lessor or creditor with respect to such lease or financing, or if the lease

or financing is held by or has been assigned to a third party, the third-party lessor or creditor, shall

provide a written statement to the lessee/debtor of all amounts then or thereafter due and owing

under the lease or financing agreement.

     (b) In any purchase and sale agreement or other contract for the sale of residential property

that has a residential solar energy system which that is subject to a lease or unpaid financing, the

homeowner selling the property shall disclose to the property purchaser the existence and terms of

such lease or financing.

     (c) This section shall not preempt, alter, or impair any disclosure requirements required

under chapter 20.8 of this title 5.

 

141)

Section

Added By Chapter Numbers:

 

5-93-14

67 and 68

 

 

5-93-14. Department enforcement authority -- Administrative fine.

     (a) Subject to subsection (c) of this section, the department may suspend, revoke, or refuse

to issue or renew a solar retailer registration or may levy an administrative penalty of no more than

five thousand dollars ($5,000) per violation for:

     (1) Providing incorrect, misleading, incomplete, or materially untrue information in the

registration application;

     (2) Obtaining or attempting to obtain a registration through fraud or misrepresentation;

     (3) Using fraudulent, coercive, or dishonest practices or demonstrating incompetence,

untrustworthiness, or financial irresponsibility in this state or in another place;

     (4) Having a registration, or its equivalent, denied, suspended, or revoked in any other state,

province, district, or territory;

     (5) Operating as a solar retailer or engaging in solar retailer activities without a current and

valid registration;

     (6) Operating as a solar retailer and hiring, using, or knowingly assisting a contractor who

is not registered under chapter 65 of this title 5 to perform work which that requires registration

under said chapter;

     (7) Operating as a solar retailer and hiring, using, or knowingly assisting a person who is

not licensed under chapter 6 of this title 5 to perform work which that requires a license under said

chapter;

     (8) Operating as a solar retailer and hiring, using, or knowingly assisting a person or

company who or that is not licensed under chapter 14 of title 19 to engage in activities for which

a license is required under said chapter;

     (9) A solar retailer operator or any principal or sales representative thereof having been

convicted of or having pled nolo contendere to an offense involving theft, embezzlement, or

mishandling of funds or to a felony that is substantially related to the solar retailer registration

consistent with § 28-5.1-14; or

     (10) Violating any provisions of this chapter, and/or any applicable federal or state statutes,

rules, regulations, or local ordinances.

     (b) If the department acts to deny a registration application or renewal thereof or to suspend

or revoke a registration, the department will notify the applicant or registrant, in writing, and all

notices and any hearing thereon shall be conducted pursuant to chapter 35 of title 42

("administrative procedures").

     (c) The department 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.

     (d) The department may investigate the activities of any person engaged in the solar

industry to determine compliance with this chapter.

     (e) Records required by this chapter, including any other documents or materials presented

to a customer prior to their execution of a solar agreement, shall be maintained and preserved for a

period of seven (7) years from the date thereof and shall be open for inspection by any authorized

representative of the department during regular business hours, by any employee of the office of

the attorney general, and by any state or municipal official or police officer.

     (f) Nothing in this chapter may be construed to affect a remedy a customer has independent

of this chapter; or the department’s ability or authority to enforce any other law or regulation.

 

 

142)

Section

Added By Chapter Numbers:

 

5-93-15

67 and 68

 

 

5-93-15. Order to cease and desist.

     (a) If the department has reason to believe that any person, firm, corporation, or association

is conducting any activities requiring registration in this chapter without obtaining a registration,

or who after the denial, suspension, or revocation of a registration conducts any activities requiring

registration under this chapter, the department may issue its order to that person, firm, corporation,

or association commanding them to appear before the department at a hearing to be held no sooner

than ten (10) days nor later than twenty (20) days after issuance of that order to show cause why

the department should not issue an order to that person or entity to cease and desist from the

violation of the provisions of this chapter.

     (b) All hearings shall be governed by the chapter 35 of title 42 ("administrative

procedures"), and by the department’s rules of procedure for administrative hearings.

 

143)

Section

Added By Chapter Numbers:

 

5-93-16

67 and 68

 

 

5-93-16. Private right of action.

     (a) Any person having a claim against a solar retailer under a solar agreement and/or with

respect to a residential solar energy system may, in addition to any other common law action or

administrative remedy, bring an action under the rules of civil procedure in a state court of

competent jurisdiction. A civil action filed in court under this section may be instituted in lieu of,

or as a supplement to, the department’s administrative proceedings.

     (b) In an action filed under this section in which the plaintiff prevails, the court may, in

addition to any judgment awarded to the plaintiff, require treble damages, reasonable attorneys'

fees, and the costs of the action to be paid by the defendant.

 

144)

Section

Added By Chapter Numbers:

 

5-93-17

67 and 68

 

 

5-93-17. Loans and financing.

     No person or company, including a solar retailer, shall provide a loan or otherwise finance

or provide financing including retail installment contracts for the purchase and sale of a residential

solar energy system or broker or service such loans, directly or indirectly, without first obtaining a

license pursuant to chapter 14 of title 19, and no person or company engaging in such activities

shall be exempt from licensure under § 19-14.1-10.

 

145)

Section

Added By Chapter Numbers:

 

5-93-18

67 and 68

 

 

5-93-18. Rules and regulations.

     The department may promulgate such rules and regulations as are necessary and proper to

carry out the provisions of this chapter.

 

 

 

146)

Section

Added By Chapter Numbers:

 

5-94

215 and 216

 

 

CHAPTER 94

FACILITATING BUSINESS RAPID RESPONSE TO STATE DECLARED DISASTER ACT

OF 2024

 

147)

Section

Added By Chapter Numbers:

 

5-94-1

215 and 216

 

 

5-94-1. Short title.

     This chapter shall be known and may be cited as the “Facilitating Business Rapid Response

to State Declared Disaster Act of 2024.”

 

148)

Section

Added By Chapter Numbers:

 

5-94-2

215 and 216

 

 

5-94-2. Definitions.

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

     (1) “'Critical infrastructure” means property and equipment located in this state that is

owned or used by communications networks, cable, video, or broadband networks; gas and electric

distribution systems and water pipelines, railways, public roads and bridges and related support

facilities that service multiple customers or citizens including, but not limited to, real and personal

property such as buildings, offices, lines, poles, pipes, structures, and equipment.

     (2) “Declared state disaster or emergency” means a disaster or emergency event for which

a governor’s state of emergency proclamation has been issued or for which a presidential

declaration of a federal major disaster or emergency has been issued.

     (3) “Disaster or emergency-related work” means repairing, renovating, installing, building,

rendering services or other business activities that relate to critical infrastructure that has been

damaged, destroyed or lost as a result of the declared state disaster or emergency during the disaster

period.

     (4) “Disaster period” means a period that begins within ten (10) days of the first day of the

governor’s proclamation or the president’s declaration (whichever occurs first) and that extends for

a period of sixty (60) calendar days after the end of the declared disaster or emergency period.

     (5) “Out-of-state business” means a business entity that, except for disaster or emergency-

related work, has no presence in the state and conducts no business in the state whose services are

requested by a registered business or by a state or local government for purposes of performing

disaster or emergency-related work in the state. This definition shall also include a business entity

that is affiliated with the registered business in the state solely through common ownership. The

“out-of-state business” has no registrations or tax filings or nexus in the state prior to the declared

state disaster or emergency, other than disaster or emergency-related work during the tax year

immediately preceding the declared state disaster or emergency.

     (6) “Out-of-state employee” means an employee who does not work in the state, except for

disaster or emergency-related work during the disaster response period.

     (7) “Registered business in the state” or “registered business” means a business entity that

is currently registered to do business in the state prior to the declared state disaster or emergency.

 

149)

Section

Added By Chapter Numbers:

 

5-94-3

215 and 216

 

 

5-94-3. Obligations, rights and duties.

     (a) An out-of-state business that conducts operations within the state for purposes of

performing work or services on critical infrastructure damaged, destroyed, or lost as a result of a

declared state disaster or emergency during the disaster period shall not be considered to have

established a level of presence that would require that business to register, file, and remit state or

local taxes or that would require that business or its out-of-state employees to be subject to the state

telecommunications technician, contractor, or installer licensing requirements as long as they are

under the supervision of the registered business. This exemption includes any state or local

telecommunications business licensing or registration requirements or state and local taxes or fees

such as unemployment insurance, state or local occupational telecommunications technician

licensing fees, and use tax on equipment brought into the state on a temporary basis that is used

during the disaster period as well as public service commission or secretary of state licensing and

regulatory requirements. For purposes of any state or local tax on or measured by, in whole or in

part, net or gross income or receipts, all activity of the out-of-state business that is conducted in

this state, pursuant to this chapter shall be disregarded with respect to any filing requirements for

such tax, including the filing required for a unitary or combined group of which the out-of-state

business may be a part. For purposes of apportioning income, revenue, or receipts, the performance

by an out-of-state business of any work pursuant to this chapter, shall not be sourced to or shall not

otherwise impact or increase the amount of income, revenue, or receipts apportioned to this state.

     (b) Any out-of-state employee shall not be considered to have established residency or a

presence in the state that would require that person or that person’s employer to file and pay income

taxes or to be subjected to income tax withholdings or to file and pay any other state or local tax or

fee during the disaster period. This exemption includes any related state or local employer

withholding and remittance obligations.

     (c) Out-of-state businesses and out-of-state employees shall be required to pay transaction

taxes and fees including, but not limited to, fuel taxes or sales and use taxes, except use tax on

equipment specified in subsection (a) of this section, hotel taxes, car rental taxes or fees unless such

taxes or fees are otherwise exempted during a disaster period.

     (d) Any out-of- state business or out-of-state employee that remains in the state after the

disaster period will become subject to the state’s normal standards for establishing presence,

residency, or doing business in the state and will therefore become responsible for any business or

employee tax requirements that ensue.

 

150)

Section

Added By Chapter Numbers:

 

5-94-4

215 and 216

 

 

5-94-4. Administration.

     (a) Notification of out-of-state business during disaster period.

     (1) The out-of-state business that enters the state shall, upon request, provide to the

department of business regulation a statement that it is in the state for purposes of responding to

the disaster or emergency, which statement shall include the business name, state of domicile,

principal business address, federal tax identification number, date of entry, and contact information.

     (2) A registered business in the state shall, upon request, provide the information required

in subsection (a)(1) of this section for any affiliate that enters the state. The notification shall also

include contact information for the registered business in the state.

     (b) Notification of intent to remain in state. An out-of-state business or an employee who

or that remains in the state after the disaster period shall complete state and local registration,

licensing, and filing requirements that ensue as a result of establishing the requisite business

presence or residency in the state applicable under the existing rules.

     (c) Procedures. The department of business regulation may promulgate reasonable and

necessary rules and regulations as well as develop and issue forms or online processes to implement

these administrative procedures.

 

151)

Section

Added By Chapter Numbers:

 

5-95

346 and 347

 

 

CHAPTER 95

LICENSING OF MASSAGE THERAPISTS

 

152)

Section

Added By Chapter Numbers:

 

5-95-1

346 and 347

 

 

5-95-1. Short title.

     This act shall be known and may be cited as the "Rhode Island Massage Therapy Practice

Act."

 

153)

Section

Added By Chapter Numbers:

 

5-95-2

346 and 347

 

 

5-95-2. Purpose and legislative declaration.

     The purpose of this chapter is to protect the health, safety, and welfare of the public. The

legislature declares that the practice of massage therapy is a healthcare and wellness profession in

need of regulation and that only qualified persons be permitted to engage in the practice as defined

herein.

     It is declared that the practice of massage therapy merit and receive the confidence of the

public through the enforcement of this chapter, any applicable regulations, and other relevant laws.

It is further declared that this chapter is intended to fully occupy the entire field of massage therapy

and that any city, town, or subdivision thereof is prohibited from adopting laws that infringe on the

scope of this chapter. This chapter shall be liberally construed to effectuate the broad purpose of

protecting the health, safety, and welfare of the public.

 

154)

Section

Added By Chapter Numbers:

 

5-95-3

346 and 347

 

 

5-95-3. Definitions.

     As used in this chapter:

     (1) "Approved massage therapy education program" means a school or education program

that meets the criteria established in rule by the board, and is both authorized in the jurisdiction in

which it is located and that reflects a curriculum acceptable to an accrediting body recognized by

the U.S. Department of Education. Education received outside the United States must be

substantially equivalent to the criteria of this chapter and must be recognized by the jurisdiction in

which it is located.

     (2) "Board" means the Rhode Island state board of licensed massage therapists as

established within this chapter.

     (3) "Bodyworks" and "bodyworks services" means body rubs, body stimulation,

manipulation, or conditioning of any part or parts of the body, spa services, and spa treatments

performed by any person not licensed under this title.

     (4) "Continuing education" means a course of study subsequent to the completion of, and

in addition to, an approved entry-level program of massage therapy education.

     (5) "Continuing education units" means an instructional period of at least fifty (50)

continuous minutes per hour in a recognized or approved course.

     (6) "Department" means the department of health.

     (7) "Examination" means a recognized standardized test or examination of entry-level

massage therapy knowledge, skills, and abilities and must meet appropriate psychometric standards

that is approved by the board.

     (8) "Final adverse action" means all actions that require reporting to the state or federal

authorities, including, but not limited to, the Healthcare Integrity and Protection Data Bank

(HIPDB/National Practitioner Data Bank (NPDB)).

     (9) "Massage" means the systematic and scientific manipulation of the soft tissues of the

body accomplished by the use of digits, hands, forearms, elbows, knees, or feet, hand-held tool, or

other external apparatus and may include the use of topical applications. Massage is a service

performed by a professional operating within the massage therapists authorized scope of practice,

who is licensed, certified, or registered in accordance with the general laws of Rhode Island.

     (10) "Massage therapist" means a person engaged in the practice of massage therapy and

is licensed in accordance with this chapter.

     (11) "Massage therapy" means the use of massage by a massage therapist, licensed under

this chapter for therapeutic purposes, including, but not limited to, pain management, stress

reduction, promotion of relaxation, and enhancement of general health and well-being. Massage

therapy includes, but is not limited to, manipulation of soft tissue and normal anatomical range of

movement of the body to develop an appropriate massage therapy session by assessment,

evaluation, and/or treatment, and the delivery of self-care and health maintenance information.

Massage therapy does not encompass:

     (i) Diagnosis;

     (ii) The prescribing of drugs or medicines;

     (iii) Spinal manipulation; and

     (iv) Any service or procedure for which a license or registration is required by law,

including, but not limited to, the practice of medicine, chiropractic, naturopathy, physical therapy,

occupational therapy, nutrition, psychotherapy, behavioral health services, or podiatry.

     (12) "Practice of massage therapy" means the exchange of massage therapy services for

currency, goods, or services.

     (13) "Topical applications" means, but is not limited to, lubricants, emollients, non-

prescription analgesics, and the use of heat and cold.

 

155)

Section

Added By Chapter Numbers:

 

5-95-4

346 and 347

 

 

5-95-4. Scope of practice of massage therapy.

     "Massage therapy" means the use of massage by a massage therapist licensed under this

chapter for therapeutic purposes, including, but not limited to, pain management, stress reduction,

promotion of relaxation, and enhancement of general health and well-being. Massage therapy

includes, but is not limited to, manipulation of soft tissue and normal anatomical range of

movement of the body to develop an appropriate massage therapy session by assessment,

evaluation and/or treatment and the delivery of self-care and health maintenance information.

Massage therapy does not encompass:

     (1) Diagnosis;

     (2) The prescribing of drugs or medicines;

     (3) Spinal manipulation; and

     (4) Any service or procedure for which a license or registration is required by law,

including, but not limited to, the practice of medicine, chiropractic, naturopathy, physical therapy,

athletic training, occupational therapy, nutrition, psychotherapy, behavioral health services, or

podiatry.

 

156)

Section

Added By Chapter Numbers:

 

5-95-5

346 and 347

 

 

5-95-5. Special provisions.

     Nothing contained in this chapter shall prohibit:

     (1) A person who is otherwise licensed, certified, or registered in accordance with the

general laws of Rhode Island, from performing services within their authorized scope of practice

and who does not hold themself out to be a massage therapist or practicing massage therapy.

     (2) A nonresident massage therapist holding a valid license, permit, certificate, or

registration issued by another state or territory of the United States, the District of Columbia, or a

foreign country when incidentally in this state to provide service as part of an emergency response

team working in conjunction with disaster relief officials.

     (3) A nonresident massage therapist holding a valid license, permit, certificate, or

registration issued by any other state or territory of the United States, the District of Columbia, or

by a foreign country and temporarily practicing massage therapy in this state for a period not

exceeding thirty (30) days for the purpose of presenting educational or clinical programs, lectures,

seminars, or workshops to massage therapists.

     (4) A currently enrolled student in an approved massage therapy education program from

engaging in the practice of massage therapy, under the supervision of a licensed massage therapist

or healthcare provider, provided the practice, conduct, activities, or services constitute a part of a

required course of study in the program and that such persons are identified as students.

     (5) A graduate from an approved educational program may practice massage therapy only

under the supervision of one, assigned, onsite licensed massage therapist. Graduates have ninety

(90) days from the date on the application fee receipt to meet licensure requirements of this state in

accordance with regulations prescribed by the board.

     (6) A massage therapist who provides acceptable evidence of being currently licensed to

practice massage therapy by examination or endorsement under the laws of other states or territories

of the United States, the District of Columbia, or by a foreign country has a grace period of forty-

five (45) days from the date on the application fee receipt to meet licensure requirements of this

state in accordance with regulations prescribed by the board. The original privilege to work forty-

five (45) days from the date on the application fee receipt shall not be extended or renewed.

     (7) A nonresident massage therapist holding a valid license, permit, certificate, or

registration issued by any other state or territory of the United States, the District of Columbia, or

by a foreign country when in this state as part of a charity/event where massage is appropriate.

 

157)

Section

Added By Chapter Numbers:

 

5-95-6

346 and 347

 

 

5-95-6. Title protection and protected terms.

     (a) A person shall not practice, or hold themself out to others as practicing massage therapy,

or as a massage therapist, without first receiving from the board a license to engage in that practice.

     (b) A person shall hold themself out to others as a massage therapist when the person adopts

or uses any title or description, including: "massage therapist," "masseur," "masseuse," "massagist,"

"massotherapist," "myotherapist," "body therapist," "massage technician," "massage practitioner,"

or any derivation of those terms that implies this practice.

     (c) It shall be unlawful to advertise the practice of massage therapy using the term massage

therapy, or any other term that implies a massage technique or method, in any public or private

publication or communication by a person not licensed by the State state of Rhode Island

department of health as a massage therapist.

     (d) Any person who holds a license to practice as a massage therapist in this state may use

the title "licensed massage therapist" and the abbreviation "LMT". No other persons may assume

this title or use such abbreviation or any other word, letters, signs, or figures to indicate that the

person using the title is a licensed massage therapist.

     (e) A massage therapist's name and license number must conspicuously appear on all of

the massage therapist's print and electronic material. A massage therapist licensed under this

chapter must have available their license, in all places of practice.

 

158)

Section

Added By Chapter Numbers:

 

5-95-7

346 and 347

 

 

5-95-7. Board of massage therapists -- Appointments, board composition and

qualifications, terms of office, removal, officers and terms of office, compensation, meetings.

     (a) Within the division of professional regulation of the department of health, there shall

be a Rhode Island state board of licensed massage therapists appointed by the director of the

department of health (the "director") with the approval of the governor. Composition of board

members: The board shall consist of seven (7) members who reside in the State state of Rhode

Island. At all times at least four (4) members shall be licensed massage therapists in good standing,

and shall have engaged in the practice of massage therapy for not less than five (5) years. One

member shall be a member of the general public, who does not have financial interest in the

profession, or is married to or in domestic partnership with someone in the profession. At no time

shall more than one board member be an owner of, an instructor of, or otherwise affiliated with a

board-approved massage therapy school or a course of instruction. The four (4) members who are

licensed pursuant to this chapter shall represent both solo practitioners as well as members of a

group practice.

     (b) The board shall be appointed for staggered terms. All terms shall be for two (2) years.

No member shall serve more than three (3) consecutive terms. Upon the death, resignation, or

removal of any member, the director, with the approval of the governor, shall appoint to fill

vacancies, as they occur, a qualified person to serve on the board for the remainder of their term or

until a successor is appointed and qualified.

     (c) The board shall elect, at its first meeting of the calendar year, from its members a chair

and other officers as it deems appropriate and necessary to conduct business. The chair shall preside

at meetings of the board and shall perform those duties customarily associated with the position in

addition to other duties assigned by the board. The board shall designate a member to serve in the

absence of the chair.

     (d) The chair and any other officer shall serve a term of one year commencing with the day

of their election and ending upon the election of their successor.

     (e) The director may remove any member of the board for the neglect of any duty required

by law or for any incompetent, unprofessional, or dishonorable conduct. Before beginning their

term of office, each member shall take the oath prescribed by law, a record of which shall be filed

with the secretary of state.

     (f) A board member may be suspended or removed by the director for unprofessional

conduct; refusal or inability of a board member to perform their duties as a member of the board in

an efficient, responsible, and professional manner; conviction of a felony or of a crime related to

the practice of the healthcare profession; failure to meet the qualifications of this statute; or

committing any act prohibited by this statute.

     (g) Members of the board shall not receive compensation for their attendance at official

meetings of the board, or attendance at any meeting that would constitute official board business,

including teleconference calls or other board responsibilities.

     (h) The board shall meet at least quarterly. The board may hold additional meetings at the

call of the chair or at the written request of any three (3) members of the board. The chair of the

board shall have the authority to call other meetings at the chairs chair’s discretion.

     (i) The board may appoint committees as it considers necessary to carry out its duties.

     (j) A quorum shall be necessary to conduct official board business or any committee

thereof. A majority of the members shall constitute a quorum. The board may enter into executive

("closed") session according to relevant law.

 

 

 

159)

Section

Added By Chapter Numbers:

 

5-95-8

346 and 347

 

 

5-95-8. Board of massage therapists -- Powers, responsibilities, and duties.

     Subject to the provisions of this chapter, the board shall have the authority to implement,

interpret, and enforce this statute including, but not limited to, the authority to:

     (1) Adopt rules and regulations governing the licensure of massage therapists in a manner

consistent with the provisions of this chapter and in accordance with the procedures outlined in the

administrative procedures act and promulgated in accordance with state law;

     (2) Establish and enforce standards of professional and ethical conduct for licensed

massage therapists;

     (3) Impose discipline in accordance with this chapter;

     (4) Adopt rules that endorse equivalent licensure examinations of another state or territory

of the United States, the District of Columbia, or a foreign country and that may include licensure

by reciprocity; hold hearings, as necessary, in accordance with chapter 35 of title 42

("administrative procedures") ;

     (5) Maintain a complete record of all licensed massage therapists, including disciplinary

data, and ensure licensee compliance with all established requirements;

     (6) The board shall make an annual report to the governor that shall contain duties

performed, actions taken, and appropriate recommendations;

     (7) The board shall consult and advise other regulatory entities as necessary regarding

issues pertaining to massage therapy education and/or issues related to the regulation of massage

therapists;

     (8) Upon receipt of a complaint, the department shall authorize the investigation of any

allegations of wrongdoing undertaken by any person, entity, license, or organization related to the

practice of massage therapy;

     (9) The board shall review investigative reports deemed necessary by the director or may

initiate a complaint on its own pursuant to §§ 5-93-11 or § 5-93-12;

     (10) Undertake other such duties, powers, and authority as may be necessary to the

enforcement of this chapter and rules duly promulgated hereunder, determined to be in the interest

of public protection through the regulation of the profession.

 

 

 

160)

Section

Added By Chapter Numbers:

 

5-95-9

346 and 347

 

 

5-95-9. Licensing -- Qualifications for licensure (initial and endorsement),;

Issuance or denial of license.

     (a) Every person desiring to begin the practice of massage therapy, except persons with

special provisions as provided in this chapter, shall present satisfactory evidence to the division of

professional regulation of the department that the person:

     (1) Is over eighteen (18) years of age;

     (2) Has submitted to a national criminal background check in accordance with this chapter;

     (3) Effective January 1, 2025:

     (i) For an applicant for licensure pursuing a first massage therapist license:

     Has successfully completed an approved massage therapy education program, meeting the

minimum requirements established by the board, including at least eight hundred (800) hours of

supervised in-class, hands-on coursework and clinical work' and has completed six hundred fifty

(650) hours prior to December 31, 2024;

     (ii) For an applicant for licensure by endorsement, holding a massage therapist license in

another state:

      Has successfully completed a massage therapy education program which that meets the

approved massage therapy education program definition in § 5-9395-3, including eight hundred

(800) hours of supervised in-class, hands-on coursework and clinical work or its equivalent.

     (iii) Hour equivalents may be granted in the following manner:

     (A) Each fifty (50)-to sixty (60) minutes obtained from a course of study in massage

therapy equals one hour;

     (B) Each one semester credit hour of massage-therapy-related college/university study

equals fifteen (15) hours;

     (C) Each year of full-time practice as a massage therapist equals one hundred (100) hours;

     (D) Up to one hundred (100) hours (100) may be granted for completion of continuing

education programs related to the massage therapy scope of practice described in § 5-9395-4; and

      (4) Has successfully completed an examination approved by the board. Any examination

approved by the board must meet generally recognized standards including development through

the use of a job-task analysis and must meet appropriate psychometric standards.

     (b) The department may grant a license to any applicant who has satisfied the requirements

of subsection (a) of this section, has completed all appropriate forms, paid all appropriate fees, and

has met substantially equivalent standards in obtaining a valid license, permit, certificate, or

registration issued by any other state or territory of the United States or by a foreign country.

     (c) The department shall, within sixty (60) days from the time any application for a license

is received, grant the application and issue a license to practice massage therapy for the remaining

two-(2)year (2) cycle from that date if the department is satisfied that the applicant complies with

the rules and regulations promulgated in accordance with this chapter. An applicant, whose national

criminal background check reveals a conviction for any sexual offense, including, but not limited

to, those offenses defined in chapters 34 and 37 of title 11, shall be denied a license under this

chapter.

     (d) The fee for original application for licensure as a massage therapist and the fee for

annual license renewal every two (2) years shall be determined by the department.

     (e) Any person applying for a license under this chapter shall undergo a national criminal

background check. Such persons shall apply to the bureau of criminal identification of the state

police or local police department for a national criminal background check. Fingerprinting shall be

required. Upon the discovery of any disqualifying information as defined in subsection (f) of this

section, the bureau of criminal identification of the 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 board, in writing, that

disqualifying information has been found. In those situations, in which no disqualifying

information has been found, the bureau of criminal identification shall inform the applicant and the

board in writing of this fact. An applicant against whom disqualifying information has been found

may request that a copy of the national criminal background report be sent to the board, which shall

make a judgment regarding the licensure of the applicant. The applicant shall be responsible for

payment of the costs of the national criminal background check.

     (f) "Disqualifying information" means those offenses, including, but not limited to, those

defined in chapters 34, 34.1, and 37 of title 11, and § 23-17-37.

     (g) Notwithstanding the provisions of this section, any city or town may, by ordinance,

regulate the opening, the presence, the location, and the operation of any bodyworks business or

any business providing bodyworks services. Provided, however, no ordinance may impose

additional qualifications beyond those adopted by the department pursuant to this chapter

respecting national criminal background checks for persons applying for a license.

 

161)

Section

Added By Chapter Numbers:

 

5-95-10

346 and 347

 

 

5-95-10. Licensing -- Licensure renewal, license availability, continuing education

requirements, fees.

     (a) The board shall establish by rule, the time and manner for renewal of licensure that shall

include continuing education requirements and renewal fees. The department shall notify each

person of licensure renewal to whom a license has been issued or renewed during the current

licensure period. Licensure renewal will take place every two (2) years.

     (b) A massage therapist's name and license number must conspicuously appear on all of

the massage therapists therapist’s print and electronic material. A massage therapist licensed under

this chapter must have available the therapist's license in all places of massage therapy practice.

     (c) The board shall by rule establish such continuing education requirements to be

completed and verified every two (2) years. The board shall require no more than twenty-four (24)

continuing education units every two (2) years.

     (d) Applicants for licensure renewal shall meet continuing education requirements as

prescribed by the board. On application for renewal of license, massage therapists shall attest to

completion of twenty-four (24) continuing education units every two (2) years that may include,

but not be limited to:

     (1) Formal presentations;

     (2) Conferences;

     (3) Coursework from a massage school or program, accredited college/university; and/or

     (4) Self-study or online coursework.

     The programs or offerings shall be approved or sponsored by a board-approved

organization.

     (e) A licensee who fails to complete the continuing education requirements described

herein may be subject to disciplinary action pursuant to § 5-9395-11.

     (f) A license may be denied to any applicant who fails to provide satisfactory evidence of

completion of continuing education relevant to massage therapy as required herein.

     (g) A renewal application may be reviewed by the board for investigation consistent with

§ 5-9395-11.

     (h) The board may waive the requirement for continuing education if the board is satisfied

that the applicant has suffered hardship that may have prevented meeting the educational

requirements.

     (i) The fee for original application for licensure as a massage therapist and for license

renewal shall be as set forth in § 23-1-54. Fees for all other licenses under this chapter shall be

fixed in an amount necessary to cover the cost of administering this chapter.

 

162)

Section

Added By Chapter Numbers:

 

5-95-11

346 and 347

 

 

5-95-11. Discipline -- Complaints, disciplinary actions, summary suspension,

grounds for disciplinary action, suspension, and revocation of licenses.

     (a) Complaints.

     (1) The board is authorized to initiate and investigate complaints alleging a violation of the

this chapter or rules.

     (2) The board shall keep a record of all complaints received and the resolution of each

complaint.

     (b) Disciplinary actions. The board, upon proper notice and with opportunity for a hearing

conducted by the department, when required by law, may impose the following disciplinary actions

upon any person or entity for one or more of the grounds for disciplinary action in subsection (d)

of this section including, but not limited to:

     (1) Refuse to issue, renew, or reinstate a license;

     (2) Revoke, suspend, restrict, or limit a license;

     (3) Place a license holder on probation, including placing limits on the licensee's practice

and/or supervision;

     (4) Issue a reprimand;

     (5) Issue a letter of concern or warning of a possible violation of this statute;

     (6) Issue a cease-and-desist letter;

     (7) Require payment of a fine;

     (8) Require completion of remedial education;

     (9) Enter into a consent order or settlement agreement; and

     (10) Such other administrative discipline necessary to carry out the mission of public

protection of this chapter.

     (c) Summary suspension. Whenever the board, or the department or any city or town

licensing authority, shall have reason to believe or that any person licensed under this chapter to

practice massage therapy has been convicted of any sexual offense, or that any person is practicing

massage in violation of this chapter or regulations promulgated under this chapter, the board, or the

department, or any city or town licensing authority, may, pending an investigation and hearing,

summarily suspend the licensure of a massage therapist, as long as the hearing is scheduled within

ninety (90) days, and may, after due notice and hearing, revoke the license or take other appropriate

action listed in subsection (b) of this section, if the department finds that the person practicing

massage is in violation of those rules and regulations or any provision of this chapter. The holder

of a license shall, upon its revocation, promptly surrender it to the board, or board designee, or any

city or town licensing authority.

     (d) Grounds for disciplinary action. The following shall be grounds for the board to impose

one or more disciplinary actions including, but not limited to:

     (1) Conduct that violates any provision of this chapter or board rules adopted hereunder,

including a violation of the standards of practice and codes of ethics adopted by the board;

     (2) Aiding or abetting another person in the violation of this chapter or board rules;

     (3) Fraud, deceit, or misrepresentation in obtaining or attempting to obtain or renew a

license;

     (4) Aiding or abetting another person or entity in the unlicensed practice of massage

therapy;

     (5) Misuse of license certificate, including sale or barter of a license; use of another license;

or allowing use of a license by an unlicensed person or entity;

     (6) Practicing outside the scope of authority, training, or education;

     (7) Delegation of professional responsibilities to a person who is not educated or trained to

undertake such responsibilities;

     (8) Incapacity or impairment that prevents such licensee from engaging in the practice of

massage therapy with reasonable skill, competence, and safety;

     (9) Conviction of:

     (i) A felony; or

     (ii) Any crime related to the practice of massage therapy;

     (10) Violations of the laws or rules of this state,; violations of the laws or rules of any other

state; or violations of the laws or rules of the federal government;

     (11) Failure to pay the costs or fines assessed by the board;

     (12) Conduct that violates the security of any licensure examination, including, but not

limited to,: obtaining access to examination questions prior to the exam,; reproduction of

examination questions whether for or not for compensation,; or any other conduct that breaches the

security of a licensure examination or any other examination used to qualify applicants for licensure

or renewal;

     (13) Being subject to any disciplinary sanction from this or any other jurisdiction against

any professional license, including any license related to the practice of massage therapy;

     (14) Negligence, gross negligence, incompetence, or gross incompetence;

     (15) Deceptive, untrue, or fraudulent billing, charges, use of title, terms, or representations

in the practice of massage therapy;

     (16) Failure to cooperate in any investigation including the submission of documents duly

requested by the board; and

     (17) Failure to comply with any board order, including a final adverse action.

     (e) Judicial review of license action. Any person aggrieved by a decision of the board, or

board designee, or any city or town licensing authority, refusing to grant an application for a license

under this chapter, or suspending or revoking any license already issued, may, within thirty (30)

days, exclusive of Sundays and holidays, after receiving notice of that decision or order of the

board, administrator of professional regulation, or director of the department may be taken by an

aggrieved party to the superior court in the manner provided for in chapter 35 of title 42

("administrative procedures").

 

163)

Section

Added By Chapter Numbers:

 

5-95-12

346 and 347

 

 

5-95-12. Discipline -- Unlawful practice, unlicensed practice, unlawful advertising.

     (a) Unlawful practice and unlicensed practice. It is unlawful for any person or entity to:

     (1) Practice massage therapy without a valid license from the department;

     (2) Own, operate, or manage a business which that employs, contracts with, or allows one

or more unlicensed persons to offer or provide massage therapy;

     (3) Represent, hold out, offer, or advertise that the person is a licensed massage therapist,

or any other word that means massage therapist as defined in § 5-93-3 unless licensed under this

chapter by the department.

     (b) Unlawful advertising. It is unlawful for any person or entity to:

     (1) Represent, assume, or hold out, or advertise the title "licensed massage therapist", or

use such abbreviation "LMT" or any other word, letters, signs, or figures to indicate that the person

using the title is a licensed massage therapist without a valid license from the department;

     (2) Represent, hold out, offer, or advertise the practice of massage therapy using the term

massage therapy, or any other term that implies a massage technique or method, in any public or

private publication or communication by a person not licensed by the department as a massage

therapist.

 

 

 

164)

Section

Added By Chapter Numbers:

 

5-95-13

346 and 347

 

 

5-95-13. Discipline -- Penalties.

     (a) Nothing herein shall be construed to prohibit criminal prosecutions under the applicable

criminal code for violations of this chapter.

     (b) Any person who practices massage therapy or acts in any capacity where a license is

required by this chapter, without a license provided for in this chapter, shall be guilty of a

misdemeanor.

     (c) Any owner, operator, manager, or licensee in charge of or in control of any business

who knowingly employs a person who is not licensed as a massage therapist, or who allows an

unlicensed person to perform, operate, or practice massage therapy is guilty of a misdemeanor.

     (d) The practice of massage therapy by a person without a license issued under this chapter

is declared to be a danger to the public health and welfare. In addition to any other civil, criminal,

or disciplinary remedy, the attorney general or prosecuting attorney of any municipality where the

person is practicing, or purporting to practice, may maintain an action to enjoin that person from

practicing massage therapy until this person secures a valid license.

 

165)

Section

Added By Chapter Numbers:

 

5-95-14

346 and 347

 

 

5-95-14. Discipline -- Enforcement.

     Except for the provisions of § 5-93-13 the provisions of this chapter shall be enforced by

the director of the department or any city or town licensing authority.

 

 

166)

Section

Added By Chapter Numbers:

 

5-95-15

346 and 347

 

 

5-95-15. Severability.

     If any provision of this chapter is declared unconstitutional or illegal, or the applicability

of this chapter to any person or circumstance is held invalid by a court of competent jurisdiction,

the constitutionality or legality of the remaining provisions of this chapter and the application of

this chapter to other persons or circumstances shall not be affected and shall remain in full force

and effect without the invalid provision or application.

 

167)

Section

Added By Chapter Numbers:

 

5-96

266 and 267

 

 

CHAPTER 96

OCCUPATIONAL THERAPY LICENSURE COMPACT

 

 

168)

Section

Added By Chapter Numbers:

 

5-96-1

266 and 267

 

 

5-96-1. Short title.

     This chapter shall be known and may be cited as the "Occupational Therapy Licensure

Compact"

 

169)

Section

Added By Chapter Numbers:

 

5-96-2

266 and 267

 

 

5-96-2. Legislative purpose.

     The purpose of this compact is to facilitate interstate practice of occupational therapy with

the goal of improving public access to occupational therapy services. The practice of occupational

therapy occurs in the state where the patient/client is located at the time of the patient/client

encounter. The compact preserves the regulatory authority of states to protect public health and

safety through the current system of state licensure. This compact is designed to achieve the

following objectives:

     (1) Increase public access to occupational therapy services by providing for the mutual

recognition of other member state licenses;

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

     (3) Encourage the cooperation of member states in regulating multi-state occupational

therapy practice;

     (4) Support spouses of relocating military members;

     (5) Enhance the exchange of licensure, investigative, and disciplinary information between

member states;

     (6) Allow a remote state to hold a provider of services with a compact privilege in that state

accountable to that state's practice standards; and

     (7) Facilitate the use of telehealth technology in order to increase access to occupational

therapy services.

 

170)

Section

Added By Chapter Numbers:

 

5-96-3

266 and 267

 

 

5-96-3. Definitions.

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

unless the context shall clearly indicate another or different meaning or intent:

     (1) "Active duty military" means full-time duty status in the active uniformed service of

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

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

     (2) "Adverse action" means any administrative, civil, equitable, or criminal action

permitted by a state's laws which is imposed by a licensing board or other authority against an

occupational therapist or occupational therapy assistant, including actions against an individual's

license or compact privilege such as censure, revocation, suspension, probation, monitoring of the

licensee, or restriction on the licensee's practice.

     (3) "Alternative program" means a non-disciplinary monitoring process approved by an

occupational therapy licensing board.

     (4) "Compact privilege" means the authorization, which is equivalent to a license, granted

by a remote state to allow a licensee from another member state to practice as an occupational

therapist or practice as an occupational therapy assistant in the remote state under its laws and rules.

The practice of occupational therapy occurs in the member state where the patient/client is located

at the time of the patient/client encounter.

     (5) "Continuing competence" or "continuing education" means a requirement, as a

condition of license renewal, to provide evidence of participation in, and completion of, educational

and professional activities relevant to practice or area of work.

     (6) "Current significant investigative information" means investigative information that a

licensing board, after an inquiry or investigation that includes notification and an opportunity for

the occupational therapist or occupational therapy assistant to respond, if required by state law, has

reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

     (7) "Data system" means a repository of information about licensees including, but not

limited to, license status, investigative information, compact privileges, and adverse actions.

     (8) "Encumbered license" means a license in which an adverse action restricts the practice

of occupational therapy by the licensee or said adverse action has been reported to the National

Practitioner Data Bank (NPDB).

     (9) "Executive committee" means a group of directors elected or appointed to act on behalf

of, and within the powers granted to them by, the commission.

     (10) "Home state" means the member state that is the licensee's primary state of residence.

     (11) "Impaired practitioner" means individuals whose professional practice is adversely

affected by substance abuse, addiction, or other health-related conditions.

     (12) "Investigative information" means information, records, or documents received or

generated by an occupational therapy licensing board pursuant to an investigation.

     (13) "Jurisprudence requirement" means the assessment of an individual's knowledge of

the laws and rules governing the practice of occupational therapy in a state.

     (14) "Licensee" means an individual who currently holds an authorization from the state to

practice as an occupational therapist or as an occupational therapy assistant.

     (15) "Member state" means a state that has enacted the compact.

     (16) "Occupational therapist" means an individual who is licensed by a state to practice

occupational therapy.

     (17) "Occupational therapy assistant" means an individual who is licensed by a state to

assist in the practice of occupational therapy.

     (18) "Occupational therapy," "occupational therapy practice," and the "practice of

occupational therapy" mean the care and services provided by an occupational therapist or an

occupational therapy assistant as set forth in the member state's statutes and regulations.

     (19) "Occupational therapy compact commission" or "commission" means the national

administrative body whose membership consists of all states that have enacted the compact.

     (20) "Occupational therapy licensing board" or "licensing board" means the agency of a

state that is authorized to license and regulate occupational therapists and occupational therapy

assistants.

     (21) "Primary state of residence" means the state in which an occupational therapist or

occupational therapy assistant who is not active duty military declares a primary residence for legal

purposes as verified by: driver's license, federal income tax return, lease, deed, mortgage or voter

registration or other verifying documentation as further defined by commission rules.

     (22) "Remote state" means a member state other than the home state, where a licensee is

exercising or seeking to exercise the compact privilege.

     (23) "Rule" means a regulation promulgated by the commission that has the force of law.

     (24) "State" means any state, commonwealth, district, or territory of the United States of

America that regulates the practice of occupational therapy.

     (25) "Single-state license" means an occupational therapist or occupational therapy

assistant license issued by a member state that authorizes practice only within the issuing state and

does not include a compact privilege in any other member state.

     (26) "Telehealth" means the application of telecommunication technology to deliver

occupational therapy services for assessment, intervention and/or consultation.

 

171)

Section

Added By Chapter Numbers:

 

5-96-4

266 and 267

 

 

5-96-4. State participation in the compact.

     (a) To participate in the compact, a member state shall:

     (1) License occupational therapists and occupational therapy assistants;

     (2) Participate fully in the commission's data system including, but not limited to, using the

commission's unique identifier as defined in rules of the commission;

     (3) Have a mechanism in place for receiving and investigating complaints about licensees;

     (4) Notify the commission, in compliance with the terms of the compact and rules, of any

adverse action or the availability of investigative information regarding a licensee;

     (5) Implement or utilize procedures for considering the criminal history records of

applicants for an initial compact privilege. These procedures shall include the submission of

fingerprints or other biometric-based information by applicants for the purpose of obtaining an

applicant's criminal history record information from the Federal Bureau of Investigation and the

agency responsible for retaining that state's criminal records:

     (i) A member state shall, within a time frame established by the commission, require a

criminal background check for a licensee seeking/applying for a compact privilege whose primary

state of residence is that member state, by receiving the results of the Federal Bureau of

Investigation criminal record search, and shall use the results in making licensure decisions.

     (ii) Communication between a member state, the commission and among member states

regarding the verification of eligibility for licensure through the compact shall not include any

information received from the Federal Bureau of Investigation relating to a federal criminal records

check performed by a member state under federal Public Law 92-544;

     (6) Comply with the rules of the commission;

     (7) Utilize only a recognized national examination as a requirement for licensure pursuant

to the rules of the commission; and

     (8) Have continuing competence or continuing education requirements as a condition for

license renewal.

     (b) A member state shall grant the compact privilege to a licensee holding a valid

unencumbered license in another member state in accordance with the terms of the compact and

rules.

     (c) Member states may charge a fee for granting a compact privilege.

     (d) A member state shall provide for the state's delegate to attend all occupational therapy

compact commission meetings.

     (e) Individuals not residing in a member state shall continue to be able to apply for a

member state's single-state license as provided under the laws of each member state. However, the

single-state license granted to these individuals shall not be recognized as granting the compact

privilege in any other member state.

     (f) Nothing in this compact shall affect the requirements established by a member state for

the issuance of a single-state license.

 

172)

Section

Added By Chapter Numbers:

 

5-96-5

266 and 267

 

 

5-96-5. Compact privilege.

     (a) To exercise the compact privilege under the terms and provisions of the compact, the

licensee shall:

     (1) Hold a license in the home state;

     (2) Have a valid United States social security number or national practitioner identification

number;

     (3) Have no encumbrance on any state license;

     (4) Be eligible for a compact privilege in any member state in accordance with subsections

(d), (f), (g) and (h) of this section;

     (5) Have paid all fines and completed all requirements resulting from any adverse action

against any license or compact privilege, and two (2) years have elapsed from the date of such

completion;

     (6) Notify the commission that the licensee is seeking the compact privilege within a

remote state(s);

     (7) Pay any applicable fees, including any state fee, for the compact privilege;

     (8) Complete a criminal background check in accordance with § 5-9396-4(a)(5) and pay

any fee associated with the completion of a criminal background check;

     (9) Meet any jurisprudence requirements established by the remote state(s) in which the

licensee is seeking a compact privilege; and

     (10) Report to the commission adverse action taken by any non-member state within thirty

(30) days from the date the adverse action is taken.

     (b) The compact privilege is valid until the expiration date of the home state license. The

licensee shall comply with the requirements of subsection (a) of this section to maintain the

compact privilege in the remote state.

     (c) A licensee providing occupational therapy in a remote state under the compact privilege

shall function within the laws and regulations of the remote state.

     (d) Occupational therapy assistants practicing in a remote state shall be supervised by an

occupational therapist licensed or holding a compact privilege in that remote state.

     (e) A licensee providing occupational therapy in a remote state is subject to that state's

regulatory authority. A remote state may, in accordance with due process and that state's laws,

remove a licensee's compact privilege in the remote state for a specific period of time, impose fines,

and/or take any other necessary actions to protect the health and safety of its citizens. The licensee

may be ineligible for a compact privilege in any state until the specific time for removal has passed

and all fines are paid.

     (f) If a home state license is encumbered, the licensee shall lose the compact privilege in

any remote state until the following occur:

     (1) The home state license is no longer encumbered; and

     (2) Two (2) years have elapsed from the date on which the home state license is no longer

encumbered in accordance with subsection (f)(1) of this section.

     (g) Once an encumbered license in the home state is restored to good standing, the licensee

shall meet the requirements of subsection (a) of this section to obtain a compact privilege in any

remote state.

     (h) If a licensee's compact privilege in any remote state is removed, the individual may lose

the compact privilege in any other remote state until the following occur:

     (1) The specific period of time for which the compact privilege was removed has ended;

     (2) All fines have been paid and all conditions have been met;

     (3) Two (2) years have elapsed from the date of completing requirements for subsections

(h)(1) and (h)(2) of this section; and

     (4) The compact privileges are reinstated by the commission, and the compact data system

is updated to reflect reinstatement.

     (i) If a licensee's compact privilege in any remote state is removed due to an erroneous

charge, privileges shall be restored through the compact data system.

     (j) Once the requirements of subsection (h) of this section have been met, the licensee shall

meet the requirements in subsection (a) of this section to obtain a compact privilege in a remote

state.

 

173)

Section

Added By Chapter Numbers:

 

5-96-6

266 and 267

 

 

5-96-6. Obtaining a new home state license by virtue of compact privilege.

     (a) An occupational therapist or occupational therapy assistant may hold a home state

license, which allows for compact privileges in member states, in only one-member state at a time.

     (b) If an occupational therapist or occupational therapy assistant changes primary state of

residence by moving between two (2) member states:

     (1) The occupational therapist or occupational therapy assistant shall file an application for

obtaining a new home state license by virtue of a compact privilege, pay all applicable fees, and

notify the current and new home state in accordance with applicable rules adopted by the

commission.

     (2) Upon receipt of an application for obtaining a new home state license by virtue of

compact privilege, the new home state shall verify that the occupational therapist or occupational

therapy assistant meets the pertinent criteria outlined in § 5-9396-5 via the data system, without

need for primary source verification except for:

     (i) An FBI fingerprint based criminal background check if not previously performed or

updated pursuant to applicable rules adopted by the commission in accordance with federal Public

Law 92-544;

     (ii) Other criminal background check as required by the new home state; and

     (iii) Submission of any requisite jurisprudence requirements of the new home state.

     (3) The former home state shall convert the former home state license into a compact

privilege once the new home state has activated the new home state license in accordance with

applicable rules adopted by the commission.

     (4) Notwithstanding any other provision of this compact, if the occupational therapist or

occupational therapy assistant cannot meet the criteria in § 5-9396-5, the new home state shall

apply its requirements for issuing a new single-state license.

     (5) The occupational therapist or the occupational therapy assistant shall pay all applicable

fees to the new home state in order to be issued a new home state license.

     (c) If an occupational therapist or occupational therapy assistant changes primary state of

residence by moving from a member state to a non-member state, or from a non-member state to a

member state, the state criteria shall apply for issuance of a single-state license in the new state.

     (d) Nothing in this compact shall interfere with a licensee's ability to hold a single-state

license in multiple states; however, for the purposes of this compact, a licensee shall have only one

home state license.

     (e) Nothing in this compact shall affect the requirements established by a member state for

the issuance of a single-state license.

 

174)

Section

Added By Chapter Numbers:

 

5-96-7

266 and 267

 

 

5-96-7. Active duty military personnel or their spouses.

     Active duty military personnel, or their spouses, shall designate a home state where the

individual has a current license in good standing,. theThe individual may retain the home state

designation during the period the service member is on active duty,. subsequentSubsequent to

designating a home state, the individual shall only change their home state through application for

licensure in the new state or through the process described in § 5-9396-6.

 

175)

Section

Added By Chapter Numbers:

 

5-96-8

266 and 267

 

 

5-9396-8. Adverse actions.

     (a) A home state shall have exclusive power to impose adverse action against an

occupational therapist's or occupational therapy assistant's license issued by the home state.

     (b) In addition to the other powers conferred by state law, a remote state shall have the

authority, in accordance with existing state due process law, to:

     (1) Take adverse action against an occupational therapist's or occupational therapy

assistant's compact privilege within that member state.; and

     (2) Issue subpoenas for both hearings and investigations that require the attendance and

testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board

in a member state for the attendance and testimony of witnesses or the production of evidence from

another member state shall be enforced in the latter state by any court of competent jurisdiction,

according to the practice and procedure of that court applicable to subpoenas issued in proceedings

pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and

other fees required by the service statutes of the state in which the witnesses or evidence are located.

     (c) For purposes of taking adverse action, the home state shall give the same priority and

effect to reported conduct received from a member state as it would if the conduct had occurred

within the home state,. inIn so doing, the home state shall apply its own state laws to determine

appropriate action.

     (d) The home state shall complete any pending investigations of an occupational therapist

or occupational therapy assistant who changes primary state of residence during the course of the

investigations,. theThe home state, where the investigations were initiated, shall also have the

authority to take appropriate action and shall promptly report the conclusions of the investigations

to the occupational therapy compact commission data system. The occupational therapy compact

commission data system administrator shall promptly notify the new home state of any adverse

actions.

     (e) A member state, if otherwise permitted by state law, may recover from the affected

occupational therapist or occupational therapy assistant the costs of investigations and disposition

of cases resulting from any adverse action taken against that occupational therapist or occupational

therapy assistant.

     (f) A member state may take adverse action based on the factual findings of the remote

state; provided that, the member state follows its own procedures for taking the adverse action.

     (g) Joint investigations.

     (1) In addition to the authority granted to a member state by its respective state occupational

therapy laws and regulations or other applicable state law, any member state may participate with

other member states in joint investigations of licensees.

     (2) Member states shall share any investigative, litigation, or compliance materials in

furtherance of any joint or individual investigation initiated under the compact.

     (h) If an adverse action is taken by the home state against an occupational therapist's or

occupational therapy assistant's license, the occupational therapist's or occupational therapy

assistant's compact privilege in all other member states shall be deactivated until all encumbrances

have been removed from the state license. All home state disciplinary orders that impose adverse

action against an occupational therapist's or occupational therapy assistant's license shall include a

statement that the occupational therapist's or occupational therapy assistant's compact privilege is

deactivated in all member states during the pendency of the order.

     (i) If a member state takes adverse action, it shall promptly notify the administrator of the

data system. The administrator of the data system shall promptly notify the home state of any

adverse actions by remote states.

     (j) Nothing in this compact shall override a member state's decision that participation in an

alternative program may be used in lieu of adverse action.

 

176)

Section

Added By Chapter Numbers:

 

5-96-9

266 and 267

 

 

5-96-9. Establishment of the occupational therapy compact commission.

     (a) The compact member states hereby create and establish a joint public agency known as

the occupational therapy compact commission:

     (1) The commission is 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) Each member state shall have and be limited to one delegate selected by that member

state's licensing board.

     (2) The delegate shall be either:

     (i) A current member of the licensing board, who is an occupational therapist, occupational

therapy assistant, or public member; or

     (ii) An administrator of the licensing board.

     (3) Any delegate may be removed or suspended from office as provided by the law of the

state from which the delegate is appointed.

     (4) The member state board shall fill any vacancy occurring in the commission within

ninety (90) days.

     (5) Each delegate 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 delegate shall vote in person or by such other means as provided in the

bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other

means of communication.

     (6) The commission shall meet at least once during each calendar year. Additional meetings

shall be held as set forth in the bylaws.

     (7) The commission shall establish by rule a term of office for delegates.

     (c) The commission shall have the following powers and duties:

     (1) Establish a code of ethics for the commission;

     (2) Establish the fiscal year of the commission;

     (3) Establish bylaws;

     (4) Maintain its financial records in accordance with the bylaws;

     (5) Meet and take such actions as are consistent with the provisions of this compact and

the bylaws;

     (6) Promulgate uniform rules to facilitate and coordinate implementation and

administration of this compact. The rules shall have the force and effect of law and shall be binding

in all member states;

     (7) Bring and prosecute legal proceedings or actions in the name of the commission;

provided that, the standing of any state occupational therapy licensing board to sue or be sued under

applicable law shall not be affected;

     (8) Purchase and maintain insurance and bonds;

     (9) Borrow, accept, or contract for services of personnel including, but not limited to,

employees of a member state;

     (10) Hire employees, elect or appoint officers, fix compensation, define duties, grant such

individuals appropriate authority to carry out the purposes of the compact, and establish the

commission's personnel policies and programs relating to conflicts of interest, qualifications of

personnel, and other related personnel matters;

     (11) Accept any and all appropriate donations and grants of money, equipment, supplies,

materials and services, and receive, utilize and dispose of the same; provided that, at all times the

commission shall avoid any appearance of impropriety or conflict of interest;

     (12) Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold,

improve or use, any property, real, personal or mixed; provided that, at all times the commission

shall avoid any appearance of impropriety;

     (13) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any

property real, personal, or mixed;

     (14) Establish a budget and make expenditures;

     (15) Borrow money;

     (16) Appoint committees, including standing committees composed 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;

     (17) Provide and receive information from, and cooperate with, law enforcement agencies;

     (18) Establish and elect an executive committee; and

     (19) Perform such other functions as may be necessary or appropriate to achieve the

purposes of this compact consistent with the state regulation of occupational therapy licensure and

practice.

     (d) The executive committee. The executive committee shall have the power to act on

behalf of the commission according to the terms of this compact.

     (1) The executive committee shall be composed of nine (9) members:

     (i) Seven (7) voting members who are elected by the commission from the current

membership of the commission;

     (ii) One ex officio, nonvoting member from a recognized national occupational therapy

professional association; and

     (iii) One ex officio, nonvoting member from a recognized national occupational therapy

certification organization.

     (2) The ex officio members will be selected by their respective organizations.

     (3) The commission may remove any member of the executive committee as provided in

the bylaws.

     (4) The executive committee shall meet at least annually.

     (5) The executive committee shall have the following duties and responsibilities:

     (i) Recommend to the entire commission changes to the rules or bylaws, changes to this

compact legislation, fees paid by compact member states such as annual dues, and any commission

compact fee charged to licensees for the compact privilege;

     (ii) Ensure compact administration services are appropriately provided, contractual or

otherwise;

     (iii) Prepare and recommend the budget;

     (iv) Maintain financial records on behalf of the commission;

     (v) Monitor compact compliance of member states and provide compliance reports to the

commission;

     (vi) Establish additional committees as necessary; and

     (vii) Perform other duties as provided in rules or bylaws.

     (e) Meetings of the commission.

     (1) 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 § 5-9396-11.

     (2) The commission or the executive committee or other committees of the commission

may convene in a closed, non-public meeting if the commission or executive committee or other

committees of the commission must discuss:

     (i) Non-compliance of a member state with its obligations under the compact;

     (ii) The employment, compensation, discipline or other matters, practices or procedures

related to specific employees or other matters related to the commission's internal personnel

practices and procedures;

     (iii) Current, threatened, or reasonably anticipated litigation;

     (iv) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real

estate;

     (v) Accusing any person of a crime or formally censuring any person;

     (vi) Disclosure of trade secrets or commercial or financial information that is privileged or

confidential;

     (vii) Disclosure of information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy;

     (viii) Disclosure of investigative records compiled for law enforcement purposes;

     (ix) Disclosure of information related to any investigative reports prepared by or on behalf

of or for use of the commission or other committee charged with responsibility of investigation or

determination of compliance issues pursuant to the compact; or

     (x) Matters specifically exempted from disclosure by federal or member state statute.

     (3) 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.

     (4) The commission shall keep minutes that fully and clearly describe all matters discussed

in a meeting and shall provide a full and accurate summary of actions taken, 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 by a majority vote of the commission or order of a court

of competent jurisdiction.

     (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 member 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 by

the commission 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 member 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 member states,

except by and with the authority of the member 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 their 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.

 

177)

Section

Added By Chapter Numbers:

 

5-96-10

266 and 267

 

 

5-96-10. Data system.

     (a) The commission shall provide for the development, maintenance, and utilization of a

coordinated database and reporting system containing licensure, adverse action, and investigative

information on all licensed individuals in member states.

     (b) A member state shall submit a uniform data set to the data system on all individuals to

whom this compact is applicable (utilizing a unique identifier) as required by the rules of the

commission, including:

     (1) Identifying information;

     (2) Licensure data;

     (3) Adverse actions against a license or compact privilege;

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

     (5) Any denial of application for licensure, and the reason for such denial;

     (6) Other information that may facilitate the administration of this compact, as determined

by the rules of the commission; and

     (7) Current significant investigative information.

     (c) Current significant investigative information and other investigative information

pertaining to a licensee in any member state will only be available to other member states.

     (d) The commission shall promptly notify all member states of any adverse action taken

against a licensee or an individual applying for a license. Adverse action information pertaining to

a licensee in any member state will be available to any other member state.

     (e) Member states contributing information to the data system may designate information

that may not be shared with the public without the express permission of the contributing state.

     (f) Any information submitted to the data system that is subsequently required to be

expunged by the laws of the member state contributing the information shall be removed from the

data system.

 

178)

Section

Added By Chapter Numbers:

 

5-96-11

266 and 267

 

 

5-96-11. Rulemaking.

     (a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth

in this section and the rules adopted thereunder. Rules and amendments shall become binding as of

the date specified in each rule or amendment.

     (b) The commission shall promulgate reasonable rules in order to effectively and efficiently

achieve the purposes of the compact. Notwithstanding the foregoing, in the event the 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 commission shall be invalid

and have no force and effect.

     (c) If a majority of the legislatures of the member states rejects a rule, by enactment of a

statute or resolution in the same manner used to adopt the compact within four (4 ) years of the date

of adoption of the rule, then such rule shall have no further force and effect in any member state.

     (d) Rules or amendments to the rules shall be adopted at a regular or special meeting of the

commission.

     (e) Prior to promulgation and adoption of a final rule or rules by the commission, and at

least thirty (30) 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 or other publicly accessible platform; and

     (2) On the website of each member state occupational therapy licensing board or other

publicly accessible platform or the publication in which each state would otherwise publish

proposed rules.

     (f) 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.

     (g) 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.

     (h) 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;

     (2) A state or federal governmental subdivision or agency; or

     (3) An association or organization having at least twenty-five (25) members.

     (i) 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,. ifIf the hearing is held via electronic

means, the commission shall publish the mechanism for access to the electronic 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) All hearings will be recorded. A copy of the recording will be made available on

request.

     (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.

     (j) 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.

     (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) 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.

     (m) 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 member 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.

     (n) 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,. publicPublic 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.

 

179)

Section

Chapter Numbers:

 

5-96-12

266 and 267

 

 

5-96-12. Oversight, dispute resolution, and enforcement.

     (a) Oversight.

     (1) The executive, legislative, and judicial branches of state government in each member

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 member 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 member state has defaulted in the performance of

its obligations or responsibilities under this compact or the promulgated rules, the commission

shall:

     (i) Provide written notice to the defaulting state and other member states of the nature of

the default, the proposed means of curing the default and/or any other action to be taken by the

commission; and

     (ii) Provide remedial training and specific technical assistance regarding the default.

     (2) If a state in default fails to cure the default, the defaulting state may be terminated from

the compact upon an affirmative vote of a majority of the member states, and all rights, privileges

and benefits conferred by this compact may be terminated 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 default.

     (3) Termination of membership in the compact shall be imposed only after all other means

of securing compliance have been exhausted,. noticeNotice of intent to suspend or terminate shall

be given by the commission to the governor, the majority and minority leaders of the defaulting

state's legislature, and each of the member states.

     (4) A state that has been terminated is responsible for all assessments, obligations, and

liabilities incurred through the effective date of termination, including obligations that extend

beyond the effective date of termination.

     (5) The commission shall not bear any costs related to a state that is found to be in default

or that 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 District of Columbia or the federal district where the commission has its

principal offices. The prevailing member shall be awarded all costs of such litigation, including

reasonable attorneys' fees.

     (c) Dispute resolution.

     (1) Upon request by a member state, the commission shall attempt to resolve disputes

related to the compact that arise among member states and between member and non-member

states.

     (2) The commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes as appropriate.

     (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 District of Columbia or the federal district where the commission has its principal

offices against a member 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 attorneys' 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.

 

180)

Section

Added By Chapter Numbers:

 

5-96-13

266 and 267

 

 

5-96-13. Date of implementation of the interstate commission for occupational

therapy practice and associated rules, withdrawal, and amendment.

     (a) The compact shall come into effect on the date on which the compact statute is enacted

into law in the tenth member 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 that 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 that 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 member state may withdraw from this compact by enacting a statute repealing the

same.

     (1) A member 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

occupational therapy licensing board 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

occupational therapy licensure agreement or other cooperative arrangement between a member

state and a non-member state that does not conflict with the provisions of this compact.

     (e) This compact may be amended by the member states,. noNo amendment to this

compact shall become effective and binding upon any member state until it is enacted into the laws

of all member states.

 

181)

Section

Added By Chapter Numbers:

 

5-96-14

266 and 267

 

 

5-96-14. Construction and severability.

     This compact shall be liberally construed so as to effectuate the purposes thereof. The

provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of

this compact is declared to be contrary to the constitution of any member state or of the United

States or the applicability thereof to any government, agency, person, or circumstance is held

invalid, the validity of the remainder of this compact and the applicability thereof to any

government, agency, person, or circumstance shall not be affected thereby. If this compact shall be

held contrary to the constitution of any member state, the compact shall remain in full force and

effect as to the remaining member states and in full force and effect as to the member state affected

as to all severable matters.

 

182)

Section

Added By Chapter Numbers:

 

5-96-15

266 and 267

 

 

5-96-15. Binding effect of compact and other laws.

     (a) A licensee providing occupational therapy in a remote state under the compact privilege

shall function within the laws and regulations of the remote state.

     (b) Nothing herein prevents the enforcement of any other law of a member state that is not

inconsistent with the compact.

     (c) Any laws in a member state in conflict with the compact are superseded to the extent

of the conflict.

     (d) Any lawful actions of the commission, including all rules and bylaws promulgated by

the commission, are binding upon the member states.

     (e) All agreements between the commission and the member states are binding in

accordance with their terms.

     (f) In the event any provision of the compact exceeds the constitutional limits imposed on

the legislature of any member state, the provision shall be ineffective to the extent of the conflict

with the constitutional provision in question in that member state.

 

183)

Section

Amended By Chapter Numbers:

 

6-1

334 and 335

 

 

CHAPTER 6-1

FILING OF TRADE NAME

 

184)

Section

Amended By Chapter Numbers:

 

6-1-1

334 and 335

 

 

6-1-1. Filing of business trade name requirements.

     (a) No person or persons shall carry on or conduct or transact business in this state under

any assumed trade 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 secretary of state an executed application for a trade name

certificate stating the:

     (1) The name under which the business is, or is to be, conducted or transacted, and the;

     (2) 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;

     (3) The post office address or addresses of the person or persons applying for the trade

name certificate; and the

     (4) The email address of the person or persons applying for the trade name certificate.;

     (5) The municipality where the business is located; and

     (6) The North American Industry Classification System (NAICS) code that best represents

the business activity to be conducted.

     (b) The trade name shall be distinguishable upon the records of the trade name registry

from the name of any trade name on file within the municipality where the business is located,

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.

     (2) The trade name may be the same as the name of a trade name registration which that

has been cancelled canceled by the secretary of state as permitted by this chapter and a restoration

statement has not been filed within one year from the date of the cancellation.

     (c) Whenever this chapter requires a certificate to be executed and acknowledged, such

requirement is satisfied by the signature, without more, of the individual or individuals signing the

application, in which case such signature or signatures constitute the affirmations or

acknowledgment of the signatory, under penalties of perjury, that the application is that individual's

act and deed and that the facts stated therein are true.

 

 

 

 

 

185)

Section

Added By Chapter Numbers:

 

6-1-1.1

334 and 335

 

 

6-1-1.1. Definitions.

     For purposes of this chapter, the following definitions apply:

     (1) "Business" means an occupation, profession, or employment engaged in for the purpose

of seeking a profit.

     (2) "Department" means the department of state.

     (3) "Distinguishable upon the record" means the standard used by the department of state

in its name availability guidelines for domestic entities.

     (4) "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.

     (5) "Filing" means delivered to the secretary of state in either paper format or electronic

transmission through a medium provided and authorized by the secretary of state.

     (6) "Municipality" means and includes any city or town within the state.

     (7) "Person" means any individual, partnership, limited liability company, or corporation

conducting or having an interest in a business in the state.

     (8) "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.

     (9) "Trade name" means a word(s) or names(s), or any combination of a word(s) or

name(s), used by a person to identify the person's business which that:

     (i) Is not, or does not include, the true and real name of all persons conducting the business;

or

     (ii) Includes words which that suggest additional parties of interest such as "company,"

"and sons," or "and associates."

     (10) "True and real name" means:

     (i) The last name of an individual coupled with the first name, middle names, initials, or

any combination thereof; or

     (ii) The designation or identifying name by which an individual is best known and called

in the business community where that individual transacts business, if this designation or

identifying name is used as that individual's legal signature.

 

186)

Section

Amended By Chapter Numbers:

 

6-1-2

334 and 335

 

 

6-1-2. Indexes — Filing fee — Certified copies as evidence.

     The several town and city clerks of this secretary of state shall keep alphabetical indexes

an online register of all persons filing certificates and of all names or styles assumed, referred to in

this chapter, and, for the indexing and filing of the certificates, the town and city clerks shall receive

for the benefit of the town or city a fee of ten dollars ($10.00) each secretary of state shall charge

and collect a fee of twenty dollars ($20.00). A copy of the certificate, duly certified to by the town

or city clerk in whose office the certificate shall be filed, secretary of state, shall be presumptive

evidence in all courts in this state of the facts contained in the certificate. The secretary of state

shall charge and collect twenty dollars ($20.00) for the issuance of a letter of status.

 

187)

Section

Amended By Chapter Numbers:

 

6-1-3

334 and 335

 

 

6-1-3. Corporations — Partnership names.

     This chapter shall in no way affect or apply to any a duly registered or qualified, domestic

or foreign corporation, nonprofit corporation, limited liability company, limited liability

partnership, limited liability limited partnership, or limited partnership duly organized under the

laws of this state, or to any corporation or limited partnership organized under the laws of any other

state and lawfully doing business in this state, or to any partnership or joint venture, the name or

designation of which includes the true or real surname of at least one individual who is a partner or

joint venturer.

 

188)

Section

Added By Chapter Numbers:

 

6-1-5

334 and 335

 

 

6-1-5. Changes in registration -- Filing notice of change.

     (a) A notice of change shall be filed with the secretary of state when a change occurs in:

     (1) The true and real name of a person conducting a business with a trade name registered

under this chapter; or

     (2) Any mailing address or email address set forth on the registration or any subsequently

filed notice of change; or

     (3) An addition, deletion, or any change of person or persons conducting business under

the registered trade name occurs; or

     (4) There is a change in the wording or spelling of the trade name since initial registration

or renewal.

     (b) A notice of cancellation shall be filed with the secretary of state when use of a trade

name is discontinued.

 

189)

Section

Added By Chapter Numbers:

 

6-1-6

334 and 335

 

 

6-1-6. Failure to file.

     No person or persons carrying on, conducting, or transacting business under any trade name

shall be entitled to maintain any suit in any of the courts of this state until such person or persons

have properly completed the registration as provided for in §§ 6-1-1 and 6-1-2. Failure to complete

this registration shall not impair the validity of any contract or act of such person or persons and

shall not prevent such person or persons from defending any suit in any court of this state.

 

190)

Section

Added By Chapter Numbers:

 

6-1-7

334 and 335

 

 

6-1-7. Renewal or cancellation.

     (a) The secretary of state shall require the annual renewal of trade names and establish a

process for renewing trade names. Any such renewal process shall allow persons to renew their

trade name at the same time they are required to renew their business license, if applicable.

     (b) The secretary of state may cancel a person's trade name upon request of the person to

whom the trade name is registered. The secretary of state may also provide for the cancellation of

trade names under circumstances as defined by the secretary of state by rule or regulation, which

may include failure to renew a trade name under a renewal process as may be established by the

secretary of state under the authority of subsection (a) of this section.

     (c) The secretary of state shall make a reasonable effort to notify a person that the secretary

of state intends to cancel the person's trade name. This notice is not required when a request for

cancellation of a trade name is received by the secretary of state from the person to whom the trade

name was registered or the person's authorized representative.

     (1) The secretary of state may comply with this subsection either by mailing the notice to

the person's last known address on record with the secretary of state or by providing the notice

electronically in lieu of mail. Such electronic notice may be sent by email to the person's last known

email address on record with the secretary of state. Provided, however, if the secretary of state

sends a notice by email and is notified that the email is undeliverable, the secretary of state shall

resend the notice by mail to the person's last known address on record with the secretary of state.

     (2) The secretary of state may cancel a trade name unless, within sixty (60) days of sending

the notice required under this section, the person files the annual renewal outlined in subsection (a)

of this section or meets the other requirements set forth in the cancellation notice as outlined in

subsection (b) of this section.

     (d) The secretary of state may remove any canceled trade names from its database of trade

names.

 

191)

Section

Added By Chapter Numbers:

 

6-1-8

334 and 335

 

 

6-1-8. Restoration statement.

     (a) If any person or persons shall have a trade name certificate cancelled canceled by the

secretary of state, the person or persons may file a restoration statement and pay a twenty-five

dollar ($25.00) restoration fee. The restoration statement shall include:

     (1) The name under which the business is, or is to be, conducted or transacted;

     (2) The true or real full name or names, both the first name and surname, of the person or

persons conducting or transacting the business;

     (3) The post office address or addresses of the person or persons conducting the business;

     (4) The email address of the person or persons conducting the business; and

     (5) The municipality where the business is located; and

     (6) The North American Industry Classification System (NAICS) code that best represents

the business activity being conducted.

     (b) If, as permitted by the provisions of this chapter, another person has filed a trade name

that is not distinguishable upon the records of the secretary of state from the trade name to which

the certificate of cancellation is proposed to be restored, then the secretary of state shall condition

the restoration of the certificate of cancellation upon the person or persons amending their

registration to comply with the provisions of this chapter with respect to the use of a name available

to them under this chapter.

 

192)

Section

Added By Chapter Numbers:

 

6-1-9

334 and 335

 

 

6-1-9. Establishment of database and transfer of assumed business name records.

     By August 1, 2025, the secretary of state shall establish a database to house all trade name

records. Between August 1, 2025, and September 30, 2025, each municipality shall transfer to the

secretary of state its active assumed business name records to be incorporated into the trade name

database. Trade name registrations shall be filed with the secretary of state commencing when the

municipality's records have been transferred and indexed within the secretary of state's database

and no later than January 1, 2026.

 

193)

Section

Amended By Chapter Numbers:

 

6-13-12

43 and 44

 

 

6-13-12. Sales of gift certificates.

     (a) “Gift certificate” means a record evidencing a promise, made for monetary

consideration, by the seller or issuer for the record that goods or services will be provided to the

owner of the record to the value shown in the record and includes, but is not limited to: (1) A record

that contains a microprocessor chip, magnetic strip, or other means of storage of information that

is pre-funded and for which the value is decremented upon each use; (2) A gift card, an electronic

gift card, stored-value card or certificate; (3) A store card; (4) Prepaid long-distance telephone

service that is activated by a prepaid card that requires dialing an access number or an access code

for each call in addition to dialing the phone number to which the user of the prepaid card seeks to

connect; or (5) A similar record or card. Any person, firm, or corporation who or that sells gift

certificates for any product or merchandise sold by the person, firm, or corporation, shall be

required to record the sales and keep an accurate and complete record of each gift certificate sold.

The record shall include the date of sale; the full value of the certificate; the identification number

assigned by the retailer to the certificate; and the state in which the sale of the certificate took place.

The retailer shall further be required to give to the purchaser of gift certificates exceeding fifty

dollars ($50.00) a written and numbered receipt evidencing the sale of the certificate. It shall be

unlawful for any person, firm, or corporation of any kind to charge any surcharge or additional

monthly or annual service or maintenance fees on gift certificates or to limit the time for the

redemption of a gift certificate or to place an expiration date upon the gift certificate. No gift

certificate or any agreement with respect to such gift certificate may contain language suggesting

that an expiration date may apply to the gift certificate. Any person, firm, or corporation who or

that shall violate the provisions of this section shall be punished by a fine of not more than two

hundred dollars ($200). Due to the unlimited redemption period, the division of taxation shall not

escheat the funds paid for those unredeemed gift certificates. Any unused portion of a redeemed

gift certificate shall be afforded to the consumer by reissuing the gift certificate for the unused

amount or providing cash where the balance due the consumer is less than one dollar ($1.00). This

section shall not apply to the following:

     (b)(i) Gift certificates that are distributed to a consumer pursuant to an awards, loyalty, or

promotional program without any money or other thing of value being given in exchange for the

gift certificate by the consumer. Any restrictions or limitations that such gift certificates may be

subject to must be disclosed to the consumer, in writing, at the time the gift certificates are

distributed to the consumer.

     (c)(ii) Prepaid wireless telephone service or prepaid wireless telephone card. “Prepaid

wireless telephone service” means wireless telephone service that is activated in advance by

payment for a finite dollar amount of service or for a finite set of minutes that terminate either upon

use by a customer and delivery by the wireless provider of an agreed-upon amount of service

corresponding to the total dollar amount paid in advance or within a certain period of time following

the initial purchase or activation, unless additional payments are made.

     (d)(iii) Gift cards or prepaid or store value cards that are issued by state-chartered financial

institutions and credit unions or that are issued by third-party issuers usable at multiple, unaffiliated

merchants or service providers; provided that said financial institutions, credit unions, or third-

party issuers comply with the guidelines on disclosure and marketing as published by the office of

the comptroller of the currency.

     (b) Institutions may refund any unused portion of gift certificates that are issued by a state-

chartered institution of higher education upon an individual's separation from the institution or

otherwise apply such funds against such individual's account at said institution;. ifIf such an

institution is unable to complete such a refund or application, the associated funds shall be treated

as abandoned after a period to two (2) years, and the institution shall escheat such funds to the

office of the general treasurer unclaimed property fund.

 

194)

Section

Added By Chapter Numbers:

 

6-40.1

91 and 92

 

 

CHAPTER 40.1

SENIOR SAVINGS PROTECTION ACT

 

195)

Section

Added By Chapter Numbers:

 

6-40.1-1

91 and 92

 

 

6-40.1-1. Short title.

     This chapter shall be known and may be cited as the "Senior Savings Protection Act".

 

196)

Section

Added By Chapter Numbers:

 

6-40.1-2

91 and 92

 

 

6-40.1-2. No fees to senior citizens for provision of paper documents.

     It is unlawful for any person engaged in the sale of goods or services to charge any fee to

any person who is sixty-five (65) years of age or older, for a hard-copy paper bill, statement, or

invoice.

 

197)

Section

Added By Chapter Numbers:

 

6-40.1-3

91 and 92

 

 

6-40.1-3. Penalty.

     Any person who violates the provisions of this chapter shall be deemed to have committed

a deceptive trade practice and is subject to the penalty set forth in § 6-13.1-14.

 

198)

Section

Added By Chapter Numbers:

 

6-48.1

430 and 453

 

 

CHAPTER 48.1

RHODE ISLAND DATA TRANSPARENCY AND PRIVACY PROTECTION ACT

 

199)

Section

Added By Chapter Numbers:

 

6-48.1-1

430 and 453

 

 

6-48.1-1. Short title.

     This chapter shall be known and may be cited as the "Rhode Island Data Transparency and

Privacy Protection Act".

 

200)

Section

Added By Chapter Numbers:

 

6-48.1-2

430 and 453

 

 

6-48.1-2. Definitions.

     As used in this chapter:

     (1) "Affiliate" means any entity that shares common branding with another legal entity

directly or indirectly, controls, is controlled by, or is under common control with another legal

entity. For this purpose, "control" or "controlled" means ownership of, or the power to vote, more

than fifty percent (50%) of the outstanding shares of any class of voting security of a company,;

control in any manner over the election of a majority of the directors or of individuals exercising

similar functions,; or the power to exercise controlling influence over the management of a

company.

     (2) "Authenticate" means to use reasonable means to determine that a request to exercise

any of the rights afforded under this chapter is being made by, or on behalf of, the customer who is

entitled to exercise such customer rights with respect to the personal data at issue.

     (3) "Biometric data" means data generated by automatic measurements of an individual's

biological characteristics, such as a fingerprint, a voiceprint, eye retinas, irises, or other unique

biological patterns or characteristics that are used to identify a specific individual. "Biometric data"

does not include a digital or physical photograph, an audio or video recording, or any data generated

from a digital or physical photograph, or an audio or video recording, unless such data is generated

to identify a specific individual.

     (4) "Business associate" has the same meaning as provided in 45 C.F.R. § 160.103.

     (5) "Child" has the same meaning as provided in 15 U.S.C. § 6501.

     (6) "Consent" means a clear, affirmative act signifying a customer has freely given,

specific, informed, and unambiguous agreement to allow the processing of personal data relating

to the customer. "Consent" may include a written statement, including by electronic means, or any

other unambiguous affirmative action. "Consent" does not include acceptance of a general or broad

term of use or similar document that contains descriptions of personal data processing along with

other, unrelated information, hovering over, muting, pausing, or closing a given piece of content,

or agreement obtained through the use of dark patterns.

     (7) "Controller" means an individual who, or legal entity that, alone or jointly with others

determines the purpose and means of processing personal data.

     (8) "COPPA" means the Children's Online Privacy Protection Act of 1998, 15 U.S.C. §

6501 et seq., and the regulations, rules, guidance, and exemptions adopted, pursuant to said act, as

said act and such regulations, rules, guidance, and exemptions may be amended from time to time.

     (9) "Covered entity" has the same meaning as provided in 45 C.F.R. § 160.103.

     (10) "Customer" means an individual residing in this state acting in an individual or

household context. "Customer" does not include an individual acting in a commercial or

employment context or as an employee, owner, director, officer, or contractor of a company,

partnership, sole proprietorship, nonprofit, or government agency whose communications or

transactions with the controller occur solely within the context of that individual's role with the

company, partnership, sole proprietorship, nonprofit, or government agency.

     (11) "Dark pattern" means a user interface designed or manipulated with the substantial

effect of subverting or impairing user autonomy, decision-making, or choice, and includes, but is

not limited to, any practice the Federal Trade Commission refers to as a "dark pattern".

     (12) "Decisions that produce legal or similarly significant effects concerning the customer"

means decisions made by the controller that result in the provision or denial by the controller of:

financial or lending services,; housing,; insurance,; education enrollment or opportunity,; criminal

justice,; employment opportunities,; health carehealthcare services; or access to essential goods

or services.

     (13) "De-identified data" means data that cannot reasonably be used to infer information

about, or otherwise be linked to, an identified or identifiable individual, or a device linked to such

individual.

      (14) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, 42

U.S.C. § 1320d et seq., as amended from time to time.

     (15) "Identified or identifiable individual" means an individual who can be readily

identified, directly or indirectly.

     (16) "Institution of higher education" means any individual who, or school, board,

association, limited-liability company, or corporation that, is licensed or accredited to offer one or

more programs of higher learning leading to one or more degrees.

     (17) "Nonprofit organization" means any organization that is exempt from taxation under

Section 501(c)(3), 501(c)(4), 501(c)(6), or 501(c)(12) of the Internal Revenue Code of 1986, or any

subsequent corresponding Internal Revenue Code of the United States, as amended from time to

time.

      (18) "Personal data" means any information that is linked or reasonably linkable to an

identified or identifiable individual and does not include de-identified data or publicly available

information.

      (19) "Precise geolocation data" means information derived from technology, including,

but not limited to, global positioning system level latitude and longitude coordinates or other

mechanisms, that directly identifies the specific location of an individual with precision and

accuracy within a radius of one thousand seven hundred fifty feet (1,750'). "Precise geolocation

data" does not include the content of communications or any data generated by or connected to

advanced utility metering infrastructure systems or equipment for use by a utility.

     (20) "Process" or "processing" means any operation or set of operations performed,

whether by manual or automated means, on personal data or on sets of personal data, such as the

collection, use, storage, disclosure, analysis, deletion, or modification of personal data. "Processor"

means an individual who, or legal entity that, processes personal data on behalf of a controller.

     (21) "Profiling" means any form of automated processing performed on personal data to

evaluate, analyze, or predict personal aspects related to an identified or identifiable individual's

economic situation, health, personal preferences, interests, reliability, behavior, location, or

movements.

     (22) "Protected health information" has the same meaning as provided in 42 U.S.C. §

1320d.

     (23) "Pseudonymous data" means personal data that cannot be attributed to a specific

individual without the use of additional information; provided such additional information is kept

separately and is subject to appropriate technical and organizational measures to ensure that the

personal data is not attributed to an identified or identifiable individual.

     (24) "Publicly available information" means information that is lawfully made available

through federal, state, or municipal government records or widely distributed media, or a controller

has a reasonable basis to believe a customer has lawfully made available to the general public.

     (25) "Sale of personal data" means the exchange of personal data for monetary or other

valuable consideration by the controller to a third party. "Sale of personal data" does not include

the disclosure of personal data to a processor that processes the personal data on behalf of the

controller,; the disclosure of personal data to a third party for purposes of providing a product or

service requested by the customer,; the disclosure or transfer of personal data to an affiliate of the

controller,; the disclosure of personal data where the customer directs the controller to disclose the

personal data or intentionally uses the controller to interact with a third party, the disclosure of

personal data that the customer:

     (i) Intentionally made available to the general public via a channel of mass media; and

     (ii) Did not restrict to a specific audience, or the disclosure or transfer of personal data to

a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction, or a

proposed merger, acquisition, bankruptcy, or other transaction, in which the third party assumes

control of all or part of the controller's assets.

     (26) "Sensitive data" means personal data that includes data revealing racial or ethnic

origin, religious beliefs, mental or physical health condition or diagnosis, sex life, sexual orientation

or citizenship or immigration status, the processing of genetic or biometric data for the purpose of

uniquely identifying an individual, personal data collected from a known child, or precise

geolocation data.

     (27) "Targeted advertising" means displaying advertisements to a customer where the

advertisement is selected based on personal data obtained or inferred from that customer's activities

over time and across nonaffiliated Internetinternet websites or online applications to predict such

customer's preferences or interests. "Targeted advertising" does not include advertisements based

on activities within a controller's own Internetinternet websites or online applications,

advertisements based on the context of a customer's current search query, or current visit to an

Internetinternet website or online application, advertisements directed to a customer in response

to the customer's request for information or feedback, or processing personal data solely to measure

or report advertising frequency, performance, or reach.

     (28) "Third party" means an individual or legal entity, such as a public authority, agency,

or body, other than the customer, controller, or processor, or an affiliate of the processor or of the

controller.

     (29) "Trade secret" has the same meaning as § 6-41-1.

 

201)

Section

Added By Chapter Numbers:

 

6-48.1-3

430 and 453

 

 

6-48.1-3. Information sharing practices.

     (a) Any commercial website or internet service provider conducting business in Rhode

Island or with customers in Rhode Island or otherwise subject to Rhode Island jurisdiction, shall

designate a controller. If a commercial website or Internetnternet service provider collects, stores,

and sells customers' personally identifiable information, then the controller shall, in its customer

agreement or incorporated addendum, or in another conspicuous location on its website or online

service platform where similar notices are customarily posted:

     (1) Identify all categories of personal data that the controller collects through the website

or online service about customers;

     (2) Identify all third parties to whom the controller has sold or may sell customers'

personally identifiable information; and

     (3) Identify an active electronic mail address or other online mechanism that the customer

may use to contact the controller.

     (b) If a controller sells personal data to third parties or processes personal data for targeted

advertising, the controller shall clearly and conspicuously disclose such processing.

     (c) Nothing in this chapter shall be construed to authorize the collection, storage, or

disclosure of information or data that is otherwise prohibited or restricted by state or federal law.

     (d) This chapter does not apply to any body, authority, board, bureau, commission, district,

or agency of this state, or any political subdivision of this state; nonprofit organization; institution

of higher education; national securities association that is registered under 15 U.S.C. § 78o-3 of the

Securities Exchange Act of 1934, as amended from time to time; financial institution or data subject

to Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq.; or covered entity or business

associate, as defined in 45 C.F.R. § 160.103.

     (e) The following information and data are exempt from the provisions of this chapter:

     (1) Protected health information under HIPAA;

     (2) Patient-identifying information for purposes of 42 U.S.C. § 290dd-2;

     (3) Identifiable private information for purposes of the federal policy for the protection of

human research subjects under 45 C.F.R. §§ 46.101 through 46.124;

     (4) Identifiable private information that is otherwise information collected as part of human

subjects research pursuant to the good clinical practice guidelines issued by the International

Council for Harmonization of Technical Requirements for Pharmaceuticals for Human Use;

     (5) The protection of human subjects under 21 C.F.R. Parts 50 and 56, or personal data

used or shared in research, as defined in 45 C.F.R. § 164.501 or other research conducted in

accordance with applicable law;

     (6) Information and documents created for purposes of the Health Care Quality

Improvement Act of 1986, 42 U.S.C. § 11101 et seq.;

     (7) Patient safety work product for purposes of the Patient Safety and Quality Improvement

Act, 42 U.S.C. § 299b-21 et seq., as amended from time to time;

     (8) Information derived from any of the health carehealthcare-related information listed

in this subsection that is de-identified in accordance with the requirements for de-identification

pursuant to HIPAA;

     (9) Information originating from and intermingled to be indistinguishable with, or

information treated in the same manner as, information exempt under this subsection that is

maintained by a covered entity or business associate, program, or qualified service organization, as

specified in 42 U.S.C. § 290dd-2, as amended from time to time;

     (10) Information used for public health activities and purposes as authorized by HIPAA,

community health activities, and population health activities;

     (11) The collection, maintenance, disclosure, sale, communication, or use of any personal

information bearing on a customer's credit worthinesscreditworthiness, credit standing, credit

capacity, character, general reputation, personal characteristics, or mode of living by a customer

reporting agency, furnisher, or user that provides information for use in a customer report, and by

a user of a customer report, but only to the extent that such activity is regulated by and authorized

under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., as amended from time to time;

     (12) Personal data collected, processed, sold, or disclosed in compliance with the Driver's

Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., as amended from time to time;

     (13) Personal data regulated by the Family Educational Rights and Privacy Act, 20 U.S.C.

§ 1232g et seq., as amended from time to time;

     (14) Personal data collected, processed, sold, or disclosed in compliance with the Farm

Credit Act, 12 U.S.C. § 2001 et seq., as amended from time to time;

     (15) Data processed or maintained in the course of an individual applying to, employed by,

or acting as an agent or independent contractor of a controller, processor, or third party, to the extent

that the data is collected and used within the context of that role, as the emergency contact

information of an individual or that is necessary to retain to administer benefits for another

individual relating to the individual who is the subject of the information under this subsection and

used for the purposes of administering such benefits; and

     (16) Personal data collected, processed, sold, or disclosed in relation to price, route, or

service, as such terms are used in the Airline Deregulation Act, 49 U.S.C. § 40101 et seq., as

amended from time to time, by an air carrier subject to said act, to the extent subsections (e)1 to

(e)11, inclusive, of this section are preempted by the Airline Deregulation Act, 49 U.S.C. § 41713,

as amended from time to time.

 

202)

Section

Added By Chapter Numbers:

 

6-48.1-4

430 and 453

 

 

6-48.1-4. Processing of information.

     (a) This section shall apply to for-profit entities that conduct business in the state or for-

profit entities that produce products or services that are targeted to residents of the state and that

during the preceding calendar year did any of the following:

     (1) Controlled or processed the personal data of not less than thirty-five thousand (35,000)

customers, excluding personal data controlled or processed solely for the purpose of completing a

payment transaction.

     (2) Controlled or processed the personal data of not less than ten thousand (10,000)

customers and derived more than twenty percent (20%) of their gross revenue from the sale of

personal data.

     (b) The controller shall establish, implement, and maintain reasonable administrative,

technical, and physical data security practices to protect the confidentiality, integrity, and

accessibility of personal data.

     (c) The controller shall not process sensitive data concerning a customer without obtaining

customer consent and shall not process sensitive data of a known child unless consent is obtained

and the information is processed in accordance with COPPA. Controllers and processors that

comply with the verifiable parental consent requirements of the Children's Online Privacy

Protection Act (15 U.S.C. § 6501 et seq.) shall be deemed compliant with any obligation to obtain

parental consent under this chapter.

     (d) The controller shall not process personal data in violation of the laws of this state and

federal laws that prohibit unlawful discrimination against customers.

     (e) The controller shall provide customers with a mechanism to grant and revoke consent

where consent is required. Upon receipt of revocation, the controller shall suspend the processing

of data as soon as is practicable. The controller shall have no longer than fifteen (15) days from

receipt to effectuate the revocation.

 

 

 

 

 

203)

Section

Added By Chapter Numbers:

 

6-48.1-5

430 and 453

 

 

6-48.1-5. Customer rights.

     (a) This section shall apply to for-profit entities that conduct business in the state or for-

profit entities that produce products or services that are targeted to residents of the state and that

during the preceding calendar year did any of the following:

     (1) Controlled or processed the personal data of not less than thirty-five thousand (35,000)

customers, excluding personal data controlled or processed solely for the purpose of completing a

payment transaction.

     (2) Controlled or processed the personal data of not less than ten thousand (10,000)

customers and derived more than twenty percent (20%) of their gross revenue from the sale of

personal data.

     (b) No controller shall discriminate against a customer for exercising their customer rights.

     (c) No controller shall deny goods or services, charge different prices or rates for goods or

services, or provide a different level of quality of goods or services to the customer if the customer

opts out to use of their data. However, if a customer opts out of data collection, the covered entity

is not required to provide a service that requires this data collection.

     (d) Controllers may provide different prices and levels for goods and services if it is for a

bona fide loyalty, rewards, premium features, discount, or club card programs thatin which

customers voluntarily participate.

     (e) A customer shall have the right to:

     (1) Confirm whether or not a controller is processing the customer's personal data and

access such personal data, unless such confirmation or access would require the controller to reveal

a trade secret;

     (2) Correct inaccuracies in the customer's personal data and delete personal data provided

by, or obtained about, the customer, taking into account the nature of the personal data and the

purposes of the processing of the customer's personal data;

     (3) Obtain a copy of the customer's personal data processed by the controller, in a portable

and, to the extent technically feasible, readily usable format that allows the customer to transmit

the data to another controller without undue delay, where the processing is carried out by automated

means; provided such controller shall not be required to reveal any trade secret; and

     (4) Opt out of the processing of the personal data for purposes of targeted advertising, the

sale of personal data, or profiling in furtherance of solely automated decisions that produce legal

or similarly significant effects concerning the customer.

     (f) A customer may exercise rights under this section by secure and reliable means

established by the controller and described to the customer in the controller's privacy notice. A

customer may designate an authorized agent to exercise the rights to opt out on their behalf. In the

case of processing personal data of a known child, the parent or legal guardian may exercise such

customer rights on the child's behalf. In the case of processing personal data concerning a customer

subject to a guardianship, conservatorship, or other protective arrangement, the guardian or the

conservator of the customer may exercise such rights on the customer's behalf.

 

204)

Section

Added By Chapter Numbers:

 

6-48.1-6

430 and 453

 

 

6-48.1-6. Exercising customer rights.

     (a) This section shall apply to for-profit entities that conduct business in the state or for-

profit entities that produce products or services that are targeted to residents of the state and that

during the preceding calendar year did any of the following:

     (1) Controlled or processed the personal data of not less than thirty-five thousand (35,000)

customers, excluding personal data controlled or processed solely for the purpose of completing a

payment transaction.

     (2) Controlled or processed the personal data of not less than ten thousand (10,000)

customers and derived more than twenty percent (20%) of their gross revenue from the sale of

personal data.

     (b) A controller shall comply with a request by a customer to exercise the customer rights

authorized as follows:

     (1) A controller shall respond to the customer without undue delay, but not later than forty-

five (45) days after receipt of the request. The controller may extend the response period by forty-

five (45) additional days when reasonably necessary, considering the complexity and number of

the customer's requests; provided the controller informs the customer of any such extension within

the initial forty-five (45) day response period and of the reason for the extension.

     (2) If a controller declines to act regarding the customer's request, the controller shall

inform the customer without undue delay, but not later than forty-five (45) days after receipt of the

request, of the justification for declining to act and instructions for how to appeal the decision.

     (3) Information provided in response to a customer request shall be provided by a

controller, free of charge, once per customer during any twelve-(12)month (12) period. If requests

from a customer are manifestly unfounded, excessive, or repetitive, the controller may charge the

customer a reasonable fee to cover the administrative costs of complying with the request or decline

to act on the request. The controller bears the burden of demonstrating the manifestly unfounded,

excessive, or repetitive nature of the request.

     (4) If a controller is unable to authenticate a request to exercise any of the rights afforded,

the controller shall not be required to comply with a request to initiate an action pursuant to this

section and shall provide notice to the customer that the controller is unable to authenticate the

request to exercise such right or rights until such customer provides additional information

reasonably necessary to authenticate such customer and such customer's request to exercise such

right or rights. A controller shall not be required to authenticate an opt-out request, but may deny

an opt-out request if the controller has reasonable and documented belief that such request is

fraudulent. If a controller denies an opt-out request because the controller believes such request is

fraudulent, the controller shall send a notice to the person who made such request disclosing that

such controller believes such request is fraudulent, why such controller believes such request is

fraudulent, and that such controller shall not comply with such request.

     (5) A controller that has obtained personal data about a customer from a source other than

the customer shall be deemed in compliance with a customer's request to delete such data by doing

the following:

     (i) Retaining a record of the deletion request and the minimum data necessary for the

purpose of ensuring the customer’s personal data remains deleted from the controller’s records and

not using such retained data for any other purpose pursuant to the provisions of this chapter; or

     (ii) Opting the customer out of the processing of such personal data for any purpose except

for those exempted pursuant to the provisions of this chapter.

     (6) A controller shall establish a process for a customer to appeal the controller's refusal to

take action on a request within a reasonable period of time after the customer's receipt of the

decision. The appeal process shall be clearly and conspicuously available. Not later than sixty (60)

days after receipt of an appeal, a controller shall inform the customer in writing of any action taken

or not taken in response to the appeal, including a written explanation of the reasons for the

decision. If the appeal is denied, the customer may submit a complaint to the attorney general.

     (7) A customer may designate another person to serve as the customer's authorized agent

and act on such customer's behalf, to opt out of the processing of such customer's personal data. A

controller shall comply with an opt-out request received from an authorized agent if the controller

is able to verify the identity of the customer and the authorized agent's authority to act on the

customer’s behalf.

 

 

 

 

205)

Section

Added By Chapter Numbers:

 

6-48.1-7

430 and 453

 

 

6-48.1-7. Controller and processor responsibilities.

     (a) This section shall apply to for-profit entities that conduct business in the state or for-

profit entities that produce products or services that are targeted to residents of the state and that

during the preceding calendar year did any of the following:

     (1) Controlled or processed the personal data of not less than thirty-five thousand (35,000)

customers, excluding personal data controlled or processed solely for the purpose of completing a

payment transaction.

     (2) Controlled or processed the personal data of not less than ten thousand (10,000)

customers and derived more than twenty percent (20%) of their gross revenue from the sale of

personal data.

     (b) A processor shall adhere to the instructions of a controller and shall assist the controller

in meeting the controller's obligations of this chapter.

     (c) A contract between a controller and a processor shall govern the processor's data

processing procedures with respect to processing performed on behalf of the controller. The

contract shall be binding and clearly set forth instructions for processing data,; the nature and

purpose of processing,; the type of data subject to processing,; the duration of processing; and the

rights and obligations of both parties. The contract shall also require that the processor:

     (1) Ensure that each person processing personal data is subject to a duty of confidentiality

with respect to the data;

     (2) At the controller's direction, delete or return all personal data to the controller as

requested at the end of the provision of services, unless retention of the personal data is required

by law;

     (3) Upon the reasonable request of the controller, make available to the controller all

information in its possession necessary to demonstrate the processor's compliance with the

obligations of this chapter;

     (4) After providing the controller an opportunity to object, engage any subcontractor

pursuant to a written contract that requires the subcontractor to meet the obligations of the processor

with respect to the personal data; and

     (5) Allow, and cooperate with, reasonable assessments by the controller or the controller's

designated assessor, or the processor may arrange for a qualified and independent assessor to assess

the processor's policies and technical and organizational measures in support of the obligations of

this chapter, using an appropriate and accepted control standard of framework and assessment

procedure for such assessments. The processor shall provide a report of such assessment to the

controller upon request.

     (d) Nothing in this section shall be construed to relieve a controller or processor from the

liabilities imposed on the controller or processor by virtue of such controller's or processor's role

in the processing relationship. If a processor begins, alone or jointly with others, determining the

purposes and means of the processing of personal data, the processor is a controller with respect to

such processing and may be subject to an enforcement action under § 6-48.1-8.

     (e) A controller shall conduct and document a data protection assessment for each of the

controller's processing activities that presents a heightened risk of harm to a customer. For the

purposes of this section, processing that presents a heightened risk of harm to a customer includes:

     (1) The processing of personal data for the purposes of targeted advertising;

     (2) The sale of personal data;

     (3) The processing of personal data for the purposes of profiling, where such profiling

presents a reasonably foreseeable risk of unfair or deceptive treatment of, or unlawful disparate

impact on, customers, financial, physical or reputational injury to customers, a physical or other

intrusion upon the solitude or seclusion, or the private affairs or concerns, of customers, where such

intrusion would be offensive to a reasonable person, or other substantial injury to customers; and

     (4) The processing of sensitive data.

     (f) The attorney general may require a controller to disclose any data protection assessment

that is relevant to an investigation conducted by the attorney general, and the controller shall make

the data protection assessment available. The attorney general may evaluate the data protection

assessment for compliance with responsibilities of this chapter. Data protection assessments shall

be confidential and shall be exempt from disclosure pursuant to chapter 2 of title 38 ("access to

public records"). To the extent any information contained in a data protection assessment disclosed

to the attorney general includes information subject to attorney-client privilege or work product

protection, such disclosure shall not constitute a waiver of such privilege or protection.

     (g) A single data protection assessment may address a comparable set of processing

operations that include similar activities.

     (h) If a controller conducts a data protection assessment for the purpose of complying with

another applicable law or regulation, the data protection assessment shall be deemed to satisfy the

requirements established in this section if such data protection assessment is reasonably similar in

scope and effect to the data protection assessment that would otherwise be conducted pursuant to

this section.

     (i) Data protection assessment requirements shall apply to processing activities created or

generated after January 1, 2026, and are not retroactive.

     (j) Any controller in possession of de-identified data shall:

     (1) Take reasonable measures to ensure that the data cannot be associated with an

individual;

     (2) Publicly commit to maintaining and using de-identified data without attempting to re-

identify the data; and

     (3) Contractually obligate any recipients of the de-identified data to comply with all

provisions of this chapter.

     (k) Nothing in this chapter shall be construed to:

     (1) Require a controller or processor to re-identify de-identified data or pseudonymous

data; or

     (2) Maintain data in identifiable form, or collect, obtain, retain, or access any data or

technology, in order to be capable of associating an authenticated customer request with personal

data.

     (l) Nothing in this chapter shall be construed to require a controller or processor to comply

with an authenticated customer rights request if the controller:

     (1) Is not reasonably capable of associating the request with the personal data or it would

be unreasonably burdensome for the controller to associate the request with the personal data;

     (2) Does not use the personal data to recognize or respond to the specific customer who is

the subject of the personal data, or associate the personal data with the other personal data about

the same specific customer; and

     (3) Does not sell the personal data to any third party or otherwise voluntarily disclose the

personal data to any third party other than a processor, except as otherwise permitted in this section.

     (m) The rights afforded under this section, and inclusive of § 6-48.1-5(f), shall not apply

to pseudonymous data in cases where the controller is able to demonstrate that any information

necessary to identify the customer is kept separately and is subject to effective technical and

organizational controls that prevent the controller from accessing such information.

     (n) A controller who or that discloses pseudonymous data or de-identified data shall

exercise reasonable oversight to monitor compliance with any contractual commitments to which

the pseudonymous data or de-identified data is subject and shall take appropriate steps to address

any breaches of those contractual commitments.

     (o) This chapter shall not be construed to restrict a controller's or processor's ability to:

     (1) Comply with federal, state, or municipal ordinances or regulations;

     (2) Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or

summons by federal, state, municipal, or other governmental authorities;

     (3) Cooperate with law enforcement agencies concerning conduct or activity that the

controller or processor reasonably and in good faith believes may violate federal, state, or municipal

ordinances or regulations;

     (4) Investigate, establish, exercise, prepare for, or defend legal claims;

     (5) Provide a product or service specifically requested by a customer;

     (6) Perform under a contract to which a customer is a party, including fulfilling the terms

of a written warranty;

     (7) Take steps at the request of a customer prior to entering into a contract;

     (8) Take immediate steps to protect an interest that is essential for the life or physical safety

of the customer or another individual, and where the processing cannot be manifestly based on

another legal basis;

     (9) Prevent, detect, protect against, or respond to security incidents, identity theft, fraud,

harassment, malicious or deceptive activities or any illegal activity, preserve the integrity or

security of systems or investigate, report, or prosecute those responsible for any such action;

     (10) Engage in public or peer-reviewed scientific or statistical research in the public interest

that adheres to all other applicable ethics and privacy laws and is approved, monitored, and

governed by an institutional review board that determines, or similar independent oversight entities

that determine, whether the deletion of the information is likely to provide substantial benefits that

do not exclusively accrue to the controller, the expected benefits of the research outweigh the

privacy risks, and whether the controller has implemented reasonable safeguards to mitigate

privacy risks associated with research, including any risks associated with re-identification;

     (11) Assist another controller, processor, or third party with any of the obligations of this

chapter; or

     (12) Process personal data for reasons of public interest in the area of public health,

community health, or population health, but solely to the extent that such processing is:

     (i) Subject to suitable and specific measures to safeguard the rights of the customer whose

personal data is being processed, and

     (ii) Under the responsibility of a professional subject to confidentiality obligations under

federal, state, or local law.

     (p) The obligations imposed on controllers or processors shall not restrict a controller's or

processor's ability to collect, use, or retain data for internal use to:

     (1) Conduct internal research to develop, improve, or repair products, services, or

technology;

     (2) Effectuate a product recall;

     (3) Identify and repair technical errors that impair existing or intended functionality; or

     (4) Perform internal operations that are reasonably aligned with the expectations of the

customer or reasonably anticipated based on the customer's existing relationship with the controller,

or are otherwise compatible with processing data in furtherance of the provision of a product or

service specifically requested by a customer or the performance of a contract to which the customer

is a party.

     (q) A controller or processor who or that discloses personal data to a processor or third-

party controller shall not be deemed to have violated this chapter if the processor or third-party

controller who or that receives and processes such personal data violates said sections; provided at

the time the disclosing controller or processor disclosed such personal data, the disclosing

controller or processor did not have actual knowledge that the receiving processor or third-party

controller would violate said sections. A third-party controller or processor receiving personal data

from a controller or processor in compliance with this chapter is likewise not in violation of said

sections for the transgressions of the controller or processor from which such third-party controller

or processor receives such personal data.

     (r) Nothing in this chapter shall be construed to:

     (1) Impose any obligation on a controller or processor that adversely affects the rights or

freedoms of any person, including, but not limited to, the rights of any person to freedom of speech

or freedom of the press guaranteed in the First Amendment to the United States Constitution; or

     (2) Apply to any person's processing of personal data in the course of such person's purely

personal or household activities.

     (s) Personal data processed by a controller pursuant to this section may be processed to the

extent that such processing is reasonably necessary in relation to the purposes for which such data

is processed, as disclosed to the consumer and proportionate to the purposes in this section; and

adequate, relevant, and limited to what is necessary in relation to the specific purposes listed in this

section. Personal data collected, used, or retained shall, where applicable, consider the nature and

purpose or purposes of such collection, use, or retention. Such data shall be subject to reasonable

administrative, technical, and physical measures to protect the confidentiality, integrity, and

accessibility of the personal data and to reduce reasonably foreseeable risks of harm to customers

relating to such collection, use, or retention of personal data.

     (t) If a controller processes personal data pursuant to an exemption in this section, the

controller bears the burden of demonstrating that such processing qualifies for the exemption.

     (u) Processing personal data for the purposes expressly identified in this section shall not

solely make a legal entity a controller with respect to such processing.

     (v) If a customer opts out of data collection, the covered entity is not required to provide a

service that requires this data collection.

 

206)

Section

Added By Chapter Numbers:

 

6-48.1-8

430 and 453

 

 

6-48.1-8. Violations.

     (a) A violation of this chapter constitutes a violation of the general regulatory provisions

of commercial law in this title6 and shall constitute a deceptive trade practice in violation of chapter

13.1 of this title6; provided, further, that in the event that any individual or entity intentionally

discloses personal data:

     (1) To a shell company or any entity that has been formed or established solely, or in part,

for the purposes of circumventing the intent of this chapter; or

     (2) In violation of any provision of this chapter, that individual or entity shall pay a fine of

not less than one hundred dollars ($100) and no more than five hundred dollars ($500) for each

such disclosure.

     (b) The attorney general shall have sole enforcement authority of the provisions of this

chapter and may enforce a violation of this chapter pursuant to:

     (1) The provisions of this section; or

     (2) General regulatory provisions of commercial law in this title6, or both.

     (c) Nothing in this section shall be construed to authorize any private right of action to

enforce any provision of this chapter, any regulation hereunder, or any other provisions of law.

 

207)

Section

Added By Chapter Numbers:

 

6-48.1-9

430 and 453

 

 

6-48.1-9. Waivers - Severability.

     Any waiver of the provisions of this chapter shall be void and unenforceable. If any

provision of this chapter or its application to any person or circumstance is held invalid by a court

of competent jurisdiction, the invalidity shall not affect other provisions of applications of the

chapter that can be given effect without the invalid provision or application, and to this end the

provisions of the chapter are severable.

 

208)

Section

Added By Chapter Numbers:

 

6-48.1-10

430 and 453

 

 

6-48.1-10. Construction.

     (a) Nothing in this chapter shall be deemed to apply in any manner to a financial institution,

an affiliate of a financial institution, or data subject to Title V of the federal Gramm-Leach-Bliley

Act, 15 U.S.C. § 6801 et seq., and its implementing regulations, or to information or data subject

to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. L. No. 104-191.

     (b) Nothing in this chapter shall be construed to apply to a contractor, subcontractor, or

agent of a state agency or local unit of government when working for that state agency or local unit

of government.

     (c) Nothing in this chapter shall be construed to apply to any entity recognized as a tax-

exempt organization under the Internal Revenue Code.

     (d) Nothing in this chapter shall be construed to mandate and/or require the retention or

disclosure of any specific individual's personally identifiable information.

     (e) Nothing in this chapter shall prohibit or restrict the dissemination or sale of product

sales summaries or statistical information or aggregate customer data whichthat may include

personally, identifiable information.

     (f) Nothing in this chapter shall be construed to apply to any personally identifiable

information or any other information collected, used, processed, or disclosed by or for a customer

reporting agency as defined by 15 U.S.C. § 1681a(f). Provided, further, nothing in this chapter shall

be construed to require any entity to collect, store, or sell personally identifiable information, and

furthermore, nothing in this chapter shall be construed to require a controller to provide a good or

service that requires the personal data of a customer that the controller does not collect or maintain.

This chapter is intended to apply only to covered entities that choose to collect, store, and sell or

otherwise transfer or disclose personally identifiable information. The obligations imposed on

controllers or processors under this chapter shall not apply where compliance by the controller or

processor with this chapter would violate an evidentiary privilege under the law of this state.

Nothing in this chapter shall be construed to prevent a controller or processor from providing

personal data concerning a customer to a person covered by an evidentiary privilege under the laws

of this state as part of a privileged communication.

 

 

 

209)

Section

Added By Chapter Numbers:

 

6-60

224 and 225

 

 

CHAPTER 60

MEDICAL DEBT REPORTING

 

210)

Section

Added By Chapter Numbers:

 

6-60-1

224 and 225

 

 

6-60-1. Definitions.

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

     (1) "Consumer" shall have the same meaning as such term is defined in § 19-14.9-3.

     (2) "Consumer reporting agency" shall have the same meaning as such term is defined in

§ 19-14.9-3.

     (3) "Debt collector" shall have the same meaning as such term is defined in § 19-14.9-3.

     (4) "Medical debt" means an obligation of a consumer to pay an amount for the receipt of

healthcare services as defined by § 27-81-3, products, or devices, owed to a healthcare facility or a

healthcare professional as defined by § 27-81-3.

 

211)

Section

Added By Chapter Numbers:

 

6-60-2

224 and 225

 

 

6-60-2. Medical debt reporting prohibited in contracts with collection entities.

     A healthcare provider as defined in § 27-81-3, or a healthcare facility authorized or licensed

under chapter 17 of title 23, or an emergency medical transportation service certified under chapter

4.1 of title 23, shall not furnish information regarding any portion of a medical debt to a consumer

reporting agency. In any contract entered into with a collection entity or debt collector for the

purchase or collection of medical debt, there shall be included a provision which that prohibits the

reporting of any portion of medical debt to a consumer reporting agency.

 

212)

Section

Added By Chapter Numbers:

 

6-60-3

224 and 225

 

 

6-60-3. Credit reporting agencies.

     No credit reporting agency shall acquire, record, or report any medical debt, in any manner.

A credit reporting agency shall not make a consumer report containing any adverse information

that the agency knows or should know is related to medical debt of a consumer.

 

213)

Section

Added By Chapter Numbers:

 

6-60-4

224 and 225

 

 

6-60-4. Medical debt collectors.

     (a) A creditor, debt collector, or collection agency shall not use any false, deceptive, or

misleading information or means when attempting to collect a medical debt or in an attempt to

obtain information about a consumer in relation to collection of a medical debt by making a false,

deceptive, or misleading representation that the medical debt will be included in a consumer credit

report or factored into a credit score.

     (b) Any correspondence from a creditor, debt collector, or collection agency to a consumer

shall include the following language: "The State of Rhode Island general laws prohibit credit

bureaus from reporting medical debt or factoring medical debt into a credit score."

     (c) No creditor or debt collector that knows or should have known about an internal review,

external review, or other appeal of a health insurance decision that is pending within sixty (60) days

of the consumer's receipt of the financial statement shall:

     (1) Provide information relative to unpaid charges for healthcare services to a consumer

reporting agency;

     (2) Communicate with the consumer regarding the unpaid charges for healthcare services

for the purpose of seeking to collect the charges; or

     (3) Initiate a lawsuit or arbitration proceeding against the consumer relative to unpaid

charges for healthcare services.

     (d) If a medical debt has already been reported to a consumer reporting agency and the

creditor or debt collector who reported the information learns of an internal review, external review,

or other appeal of a health insurance decision that is pending within sixty (60) days of the

consumer's receipt of the financial statement, such creditor or collector shall instruct the consumer

reporting agency to delete the information about the debt.

 

214)

Section

Added By Chapter Numbers:

 

6-60-5

224 and 225

 

 

6-60-5. Enforcement.

     Any consumer reporting agency or debt collector that fails to comply with the requirements

imposed under this chapter, and that does not achieve compliance within thirty (30) days of being

notified by the consumer of its noncompliance, is liable to that consumer in an amount equal to the

sum of ten dollars ($10.00) per day for each day of noncompliance. If the noncompliance persists

beyond the thirty (30) days following the consumer's notification, the consumer may notify the

attorney general, who may bring an action against the offending person or entity to enjoin that

person or entity from continuing the violation and for any other relief that the court deems

appropriate. In the case of any successful action to enforce any provision of this chapter, the costs

of the action together with reasonable attorneys' fees as determined by the court shall be borne by

the offending consumer reporting agency or debt collector.

 

215)

Section

Amended By Chapter Numbers:

 

6A-1-201

65 and 66

 

 

6A-1-201. General definitions.

     (a) Unless the context otherwise requires, words or phrases defined in this section, or in

the additional definitions contained in other chapters of title 6A that apply to particular chapters or

parts thereof, have the meanings stated.

     (b) Subject to definitions contained in other chapters of title 6A that apply to particular

chapters or parts thereof:

     (1) “Action”, in the sense of a judicial proceeding, includes recoupment, counterclaim, set-

off, suit in equity, and any other proceeding in which rights are determined.

     (2) “Aggrieved party” means a party entitled to pursue a remedy.

     (3) “Agreement”, as distinguished from “contract”, means the bargain of the parties in fact,

as found in their language or inferred from other circumstances, including course of performance,

course of dealing, or usage of trade as provided in § 6A-1-303.

     (4) “Bank” means a person engaged in the business of banking and includes a savings bank,

savings and loan association, credit union, and trust company.

     (5) “Bearer” means a person in control of a negotiable electronic document of title or a

person in possession of a negotiable instrument, negotiable tangible document of title, or

certificated security that is payable to bearer or indorsed in blank.

     (6) “Bill of lading” means a document of title evidencing the receipt of goods for shipment

issued by a person engaged in the business of directly or indirectly transporting or forwarding

goods. This term does not include a warehouse receipt.

     (7) “Branch” includes a separately incorporated foreign branch of a bank.

     (8) “Burden of establishing” a fact means the burden of persuading the trier of fact that the

existence of the fact is more probable than its nonexistence.

     (9) “Buyer in ordinary course of business” means a person that buys goods in good faith,

without knowledge that the sale violates the rights of another person in the goods, and in the

ordinary course from a person, other than a pawnbroker, in the business of selling goods of that

kind. A person buys goods in the ordinary course if the sale to the person comports with the usual

or customary practices in the kind of business in which the seller is engaged or with the seller’s

own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or

minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of

business may buy for cash, by exchange of other property, or on secured or unsecured credit, and

may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that

takes possession of the goods or has a right to recover the goods from the seller under Chapter 2

may be a buyer in ordinary course of business. “Buyer in ordinary course of business” does not

include a person that acquires goods in a transfer in bulk or as security for or in total or partial

satisfaction of a money debt.

     (10) “Conspicuous”, with reference to a term, means so written, displayed, or presented

that, based on the totality of the circumstances, a reasonable person against which it is to operate

ought to have noticed it. Whether a term is “conspicuous” or not is a decision for the court.

Conspicuous terms include the following:

     (A) A heading in capitals equal to or greater in size than the surrounding text, or in

contrasting type, font, or color to the surrounding text of the same or lesser size; and

     (B) Language in the body of a record or display in larger type than the surrounding text, or

in contrasting type, font, or color to the surrounding text of the same size, or set off from

surrounding text of the same size by symbols or other marks that call attention to the language In

deciding whether a term is conspicuous, the court shall consider all relevant factors, including:

     (A) The use of headings and text that contrast with the surrounding text;

     (B) The placement of the term in the record;

     (C) If terms are available only through the use of a hyperlink, in addition to the placement

of the hyperlink;:

     (i) Whether there is language drawing attention to the hyperlink and describing its function;

     (ii) The size and color of the text used for the hyperlink and any related language; and

     (iii) Whether the text is accessible using assistive technology;

     (D) The language of the heading, if any;

     (E) The effort needed to access the term; and

     (F) Whether the person against which the term is to operate must separately assent to or

acknowledge the term.

     (11) “Consumer” means an individual who enters into a transaction primarily for personal,

family, or household purposes.

     (12) “Contract”, as distinguished from “agreement”, means the total legal obligation that

results from the parties’ agreement as determined by title 6A as supplemented by any other

applicable laws.

     (13) “Creditor” includes a general creditor, a secured creditor, a lien creditor, and any

representative of creditors, including an assignee for the benefit of creditors, a trustee in

bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor’s or

assignor’s estate.

     (14) “Defendant” includes a person in the position of defendant in a counterclaim, cross-

claim, or third-party claim.

     (15) “Delivery”, with respect to an electronic document of title means voluntary transfer

of control and with respect to an instrument, a tangible document of title, or an authoritative tangible

copy of a record evidencing chattel paper, means voluntary transfer of possession.

     (16)

     “Document of title” means a record:

     (i) That in the regular course of business or financing is treated as adequately evidencing

that the person in possession or control of the record is entitled to receive, control, hold, and dispose

of the record and the goods the record covers; and

     (ii) That purports to be issued by or addressed to a bailee and to cover goods in the bailee’s

possession which are either identified or are fungible portions of an identified mass. The term

includes a bill of lading, transport document, dock warrant, dock receipt, warehouse receipt, and

order for delivery of goods.

     An electronic document of title means a document of title evidenced by a record consisting

of information stored in an electronic medium. A tangible document of title means a document of

title evidenced by a record consisting of information that is inscribed on a tangible medium.

     (16.1) "Electronic" means relating to technology having electrical, digital, magnetic,

wireless, optical, electromagnetic, or similar capabilities.

     (17) “Fault” means a default, breach, or wrongful act or omission.

     (18) “Fungible goods” means:

     (A) Goods of which any unit, by nature or usage of trade, is the equivalent of any other like

unit; or

     (B) Goods that by agreement are treated as equivalent.

     (19) “Genuine” means free of forgery or counterfeiting.

     (20) “Good faith” means honesty in fact in the conduct or transaction concerned.

     (21) “Holder” means:

     (A) The person in possession of a negotiable instrument that is payable either to bearer or

to an identified person that is the person in possession;

     (B) The person in possession of a negotiable tangible document of title if the goods are

deliverable either to bearer or to the order of the person in possession; or

     (C) The person in control other than pursuant to § 6A-7-106(g) of a negotiable electronic

document of title.

     (22) “Insolvency proceeding” includes an assignment for the benefit of creditors or other

proceeding intended to liquidate or rehabilitate the estate of the person involved.

     (23) “Insolvent” means:

     (A) Having generally ceased to pay debts in the ordinary course of business other than as

a result of bona fide dispute;

     (B) Being unable to pay debts as they become due; or

     (C) Being insolvent within the meaning of federal bankruptcy law.

     (24) “Money” means a medium of exchange that is currently authorized or adopted by a

domestic or foreign government. The term includes a monetary unit of account established by an

intergovernmental organization or by agreement between two (2) or more countries. The term

"money" does not include an electronic record that is a medium of exchange recorded and

transferable in a system that existed and operated for the medium of exchange before the medium

of exchange was authorized or adopted by the government.

     (25) “Organization” means a person other than an individual.

     (26) “Party”, as distinguished from “third-party”, means a person that has engaged in a

transaction or made an agreement subject to title 6A.

     (27) “Person” means an individual, corporation, business trust, estate, trust, partnership,

limited liability company, association, joint venture, government, governmental subdivision,

agency, or instrumentality, public corporation, or any other legal or commercial entity. The term

"person" includes a protected series, however denominated, of an entity if the protected series is

established under law other than this title that limits, or limits if conditions specified under the law

are satisfied, the ability of a creditor of the entity or of any other protected series of the entity to

satisfy a claim from assets of the protected series.

     (28) “Present value” means the amount as of a date certain of one or more sums payable in

the future, discounted to the date certain by use of either an interest rate specified by the parties if

that rate is not manifestly unreasonable at the time the transaction is entered into or, if an interest

rate is not so specified, a commercially reasonable rate that takes into account the facts and

circumstances at the time the transaction is entered into.

     (29) “Purchase” means taking by sale, lease, discount, negotiation, mortgage, pledge, lien,

security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in

property.

     (30) “Purchaser” means a person that takes by purchase.

     (31) “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.

     (32) “Remedy” means any remedial right to which an aggrieved party is entitled with or

without resort to a tribunal.

     (33) “Representative” means a person empowered to act for another, including an agent,

an officer of a corporation or association, and a trustee, executor, or administrator of an estate.

     (34) “Right” includes remedy.

     (35) “Security interest” means an interest in personal property or fixtures which secures

payment or performance of an obligation. “Security interest” includes any interest of a consignor

and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction

that is subject to Chapter 9. “Security interest” does not include the special property interest of a

buyer of goods on identification of those goods to a contract for sale under § 6A-2-401, but a buyer

may also acquire a “security interest” by complying with Chapter 9. Except as otherwise provided

in § 6A-2-505, the right of a seller or lessor of goods under Chapter 2 or 2.1 to retain or acquire

possession of the goods is not a “security interest”, but a seller or lessor may also acquire a “security

interest” by complying with Chapter 9. The retention or reservation of title by a seller of goods

notwithstanding shipment or delivery to the buyer under § 6A-2-401 is limited in effect to a

reservation of a “security interest.” Whether a transaction in the form of a lease creates a “security

interest” is determined pursuant to § 6A-1-203.

     (36) “Send” in connection with a writing, record, or notice record or notification means:

     (A) To deposit in the mail, or deliver for transmission, or transmit by any other usual means

of communication with postage or cost of transmission provided for, and properly addressed and,

in the case of an instrument, to an address specified thereon or otherwise agreed, or if there be none

addressed to any address reasonable under the circumstances; or

     (B) In any other way to cause to be received any record or notice within the time it would

have arrived if properly sent. To cause the record or notification to be received within the time it

would have been received if properly sent under subsection (b)(36)(A) of this section.

     (37) “Signed” includes using any symbol executed or adopted with present intention to

adopt or accept a writing. "Sign" means, with present intent to authenticate or adopt a record:

     (i) Execute or adopt a tangible symbol; or

     (ii) Attach to or logically associate with the record an electronic symbol, sound, or process.

     "Signed," "signing," and "signature" have corresponding meanings.

     (38) “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.

     (39) “Surety” includes a guarantor or other secondary obligor.

     (40) “Term” means a portion of an agreement that relates to a particular matter.

     (41) “Unauthorized signature” means a signature made without actual, implied, or apparent

authority. The term includes a forgery.

     (42) “Warehouse receipt” means a document of title issued by a person engaged in the

business of storing goods for hire. The term does not include a bill of lading.

     (43) “Writing” includes printing, typewriting, or any other intentional reduction to tangible

form. “Written” has a corresponding meaning.

 

216)

Section

Amended By Chapter Numbers:

 

6A-1-204

65 and 66

 

 

6A-1-204. Value.

     Except as otherwise provided in chapters 3, 4, and 5, and 12 of this title, a person gives

value for rights if the person acquires them:

     (1) In return for a binding commitment to extend credit or for the extension of immediately

available credit, whether or not drawn upon and whether or not a charge-back is provided for in the

event of difficulties in collection;

     (2) As security for, or in total or partial satisfaction of, a preexisting claim;

     (3) By accepting delivery under a preexisting contract for purchase; or

     (4) In return for any consideration sufficient to support a simple contract.

 

217)

Section

Amended By Chapter Numbers:

 

6A-1-301

65 and 66

 

 

6A-1-301. Territorial applicability — Parties’ power to choose applicable law.

     (a) Except as otherwise provided in this section, when a transaction bears a reasonable

relation to this state and also to another state or nation, the parties may agree that the law either of

this state or of such other state or nation shall govern their rights and duties.

     (b) In the absence of an agreement effective under subsection (a), and except as provided

in subsection (c), the Uniform Commercial Code applies to transactions bearing an appropriate

relation to this state.

     (c) If one of the following provisions of title 6A specifies the applicable law, that provision

governs and a contrary agreement is effective only to the extent permitted by the law so specified:

     (1) Section 6A-2-402;

     (2) Sections 6A-2.1-105 and 6A-2.1-106;

     (3) Section 6A-4-102;

     (4) Section 6A-4.1-507;

     (5) Section 6A-5-116;

     (6) [RESERVED]

     (7) Section 6A-8-110;

     (8) Sections 6A-9-301 through 6A-9-307.;

     (9) Section 6A-12-107.

 

218)

Section

Amended By Chapter Numbers:

 

6A-1-306

65 and 66

 

 

6A-1-306. Waiver or renunciation of claim or right after breach.

     A claim or right arising out of an alleged breach may be discharged in whole or in part

without consideration by agreement of the aggrieved party in an authenticated a signed record.

 

219)

Section

Amended By Chapter Numbers:

 

6A-2-102

65 and 66

 

 

6A-2-102. Scope — Certain security and other transactions excluded from this

chapter.

     Unless the context otherwise requires, this chapter applies to transactions in goods; it does

not apply to any transaction which, although in the form of an unconditional contract to sell or

present sale, is intended to operate only as a security transaction, nor does this chapter impair or

repeal any statute regulating sales to consumers, farmers, or other specified classes of buyers.

     (1) Unless the context otherwise requires, and except as provided in subsection (3) of this

section, this chapter applies to transactions in goods and, in the case of a hybrid transaction, it

applies to the extent provided in subsection (2) of this section.

     (2) In a hybrid transaction:

     (i) If the sale-of-goods aspects do not predominate, only the provisions of this chapter

which relate primarily to the sale-of-goods aspects of the transaction apply, and the provisions that

relate primarily to the transaction as a whole do not apply.

     (ii) If the sale-of-goods aspects predominate, this chapter applies to the transaction, but

does not preclude application in appropriate circumstances of other law to aspects of the transaction

which do not relate to the sale of goods.

     (3) This chapter does not:

     (i) Apply to a transaction that, even though in the form of an unconditional contract to sell

or present sale, operates only to create a security interest; or

     (ii) Impair or repeal a statute regulating sales to consumers, farmers, or other specified

classes of buyers.

 

220)

Section

Amended By Chapter Numbers:

 

6A-2-106

65 and 66

 

 

6A-2-106. Definitions — “Contract” — “Agreement” — “Contract for sale” — “Sale” —

“Present sale”— “Conforming” to contract — “Termination” — “Cancellation” – “Hybrid Transaction”.

     (1) In this chapter unless the context otherwise requires “contract” and “agreement” are

limited to those relating to the present or future sale of goods. “Contract for sale” includes both a

present sale of goods and a contract to sell goods at a future time. A “sale” consists in the passing

of title from the seller to the buyer for a price (§ 6A-2-401). A “present sale” means a sale which

is accomplished by the making of the contract.

     (2) Goods or conduct including any part of a performance are “conforming” or conform to

the contract when they are in accordance with the obligations under the contract.

     (3) “Termination” occurs when either party pursuant to a power created by agreement or

law puts an end to the contract otherwise than for its breach. On “termination” all obligations which

are still executory on both sides are discharged but any right based on prior breach or performance

survives.

     (4) “Cancellation” occurs when either party puts an end to the contract for breach by the

other and its effect is the same as that of “termination” except that the cancelling party also retains

any remedy for breach of the whole contract or any unperformed balance.

     (5) “Hybrid transaction” means a single transaction involving a sale of goods and:

     (i) The provision of services;

     (ii) A lease of other goods; or

     (iii) A sale, lease, or license of property other than goods.

 

221)

Section

Amended By Chapter Numbers:

 

6A-2-201

65 and 66

 

 

6A-2-201. Formal requirements — Statute of frauds.

     (1) Except as otherwise provided in this section, a contract for the sale of goods for the

price of five hundred dollars ($500) or more is not enforceable by way of action or defense unless

there is some writing a record sufficient to indicate that a contract for sale has been made between

the parties and signed by the party against whom enforcement is sought or by his or her the party's

authorized agent or broker. A writing record is not insufficient because it omits or incorrectly states

a term agreed upon but the contract is not enforceable under this paragraph subsection beyond the

quantity of goods shown in such writing the record.

     (2) Between merchants if within a reasonable time a writing record in confirmation of the

contract and sufficient against the sender is received and the party receiving it has reason to know

its contents, it satisfies the requirements of subsection (1) against such the party unless written

notice in a record of objection to its contents is given within ten (10) days after it is received.

     (3) A contract which does not satisfy the requirements of subsection (1) but which is valid

in other respects is enforceable,

     (a) If the goods are to be specially manufactured for the buyer and are not suitable for sale

to others in the ordinary course of the seller’s business and the seller, before notice of repudiation

is received and under circumstances which reasonably indicate that the goods are for the buyer, has

made either a substantial beginning of their manufacture or commitments for their procurement; or

     (b) If the party against whom enforcement is sought admits in his or her pleading, testimony

or otherwise in court that a contract for sale was made, but the contract is not enforceable under

this provision beyond the quantity of goods admitted; or

     (c) With respect to goods for which payment has been made and accepted or which have

been received and accepted (§ 6A-2-606).

 

222)

Section

Amended By Chapter Numbers:

 

6A-2-202

65 and 66

 

 

6A-2-202. Final expression — Parol or extrinsic evidence.

     Terms with respect to which the confirmatory memoranda of the parties agree or which are

otherwise set forth in a writing record intended by the parties as a final expression of their

agreement with respect to such terms as are included therein may not be contradicted by evidence

of any prior agreement or of a contemporaneous oral agreement but may be explained or

supplemented,:

     (a) By course of performance, course of dealing, or usage of trade (§ 6A-1-303); and

     (b) By evidence of consistent additional terms unless the court finds the writing record to

have been intended also as a complete and exclusive statement of the terms of the agreement.

 

223)

Section

Amended By Chapter Numbers:

 

6A-2-203

65 and 66

 

 

6A-2-203. Seals inoperative.

     The affixing of a seal to a writing record evidencing a contract for sale or an offer to buy

or sell goods does not constitute the writing record a sealed instrument and the law with respect to

sealed instruments does not apply to such a contract or offer.

 

224)

Section

Amended By Chapter Numbers:

 

6A-2-205

65 and 66

 

 

6A-2-205. Firm offers.

     An offer by a merchant to buy or sell goods in a signed writing record which by its terms

gives assurance that it will be held open is not revocable, for lack of consideration, during the time

stated, or if no time is stated for a reasonable time, but in no event may such period of irrevocability

exceed three (3) months; but any such term of assurance on a form supplied by the offeree must be

separately signed by the offeror.

 

225)

Section

Amended By Chapter Numbers:

 

6A-2-209

65 and 66

 

 

6A-2-209. Modification, rescission, and waiver.

     (1) An agreement modifying a contract within this chapter needs no consideration to be

binding.

     (2) A signed agreement which excludes modification or rescission except by a signed

writing or other signed record cannot be otherwise modified or rescinded, but except as between

merchants such a requirement on a form supplied by the merchant must be separately signed by the

other party.

     (3) The requirements of the statute of frauds section of this chapter (§ 6A-2-201) must be

satisfied if the contract as modified is within its provisions.

     (4) Although an attempt at modification or rescission does not satisfy the requirements of

subsection (2) or (3) it can operate as a waiver.

     (5) A party who has made a waiver affecting an executory portion of the contract may

retract the waiver by reasonable notification received by the other party that strict performance will

be required of any term waived, unless the retraction would be unjust in view of a material change

of position in reliance on the waiver.

 

226)

Section

Amended By Chapter Numbers:

 

6A-2.1-102

65 and 66

 

 

6A-2.1-102. Scope.

     (1) This chapter applies to any transaction, regardless of form, that creates a lease and, in

the case of a hybrid lease, it applies to the extent provided in subsection (b2) of this section.

     (2) In a hybrid lease;:

     (a) If the lease-of goods aspects do not predominate;:

     (i) Only the provisions of this chapter which relate primarily to the lease-of-goods aspects

of the transaction apply, and the provisions that relate primarily to the transaction as a whole do

not apply;

     (ii) Section 6A-2.1-209 applies if the lease is a finance lease; and

     (iii) Section 6A-2.1-407 applies to the promises of the lessee in a finance lease to the extent

the promises are consideration for the right to possession and use of the leased goods.

     (b) If the lease-of-goods aspects predominate, this chapter applies to the transaction, but

does not preclude application in appropriate circumstances of other law to aspects of the lease

which do not relate to the lease of goods.

 

227)

Section

Amended By Chapter Numbers:

 

6A-2.1-103

65 and 66

 

 

6A-2.1-103. Definitions and index of definitions.

     (1) In this chapter unless the context otherwise requires:

     (a) “Buyer in ordinary course of business” means a person who in good faith and without

knowledge that the sale to him or her is in violation of the ownership rights or security interest or

leasehold interest of a third party in the goods buys in ordinary course from a person in the business

of selling goods of that kind but does not include a pawnbroker. “Buying” may be for cash or by

exchange of other property or on secured or unsecured credit and includes acquiring goods or

documents of title under a preexisting contract for sale but does not include a transfer in bulk or as

security for or in total or partial satisfaction of a money debt.

     (b) “Cancellation” occurs when either party puts an end to the lease contract for default by

the other party.

     (c) “Commercial unit” means such a unit of goods as by commercial usage is a single whole

for purposes of lease and division of which materially impairs its character or value on the market

or in use. A commercial unit may be a single chapterarticle, as a machine, or a set of

chaptersarticles, as a suite of furniture or a line of machinery, or a quantity, as a gross or carload,

or any other unit treated in use or in the relevant market as a single whole.

     (d) “Conforming” goods or performance under a lease contract means goods or

performance that are in accordance with the obligations under the lease contract.

     (e) “Consumer lease” means a lease that a lessor regularly engaged in the business of

leasing or selling makes to a lessee who is an individual and who takes under the lease primarily

for a personal, family, or household purpose.

     (f) “Fault” means wrongful act, omission, breach, or default.

     (g) “Finance lease” means a lease with respect to which:

     (i) The lessor does not select, manufacture, or supply the goods;

     (ii) The lessor acquires the goods or the right to possession and use of the goods in

connection with the lease; and

     (iii) One of the following occurs:

     (A) The lessee receives a copy of the contract by which the lessor acquired the goods or

the right to possession and use of the goods before signing the lease contract;

     (B) The lessee’s approval of the contract by which the lessor acquired the goods or the

right to possession and use of the goods is a condition to effectiveness of the lease contract;

     (C) The lessee, before signing the lease contract, receives an accurate and complete

statement designating the promises and warranties, and any disclaimers of warranties, limitations

or modifications of remedies, or liquidated damages, including those of a third party, such as the

manufacturer of the goods, provided to the lessor by the person supplying the goods in connection

with or as part of the contract by which the lessor acquired the goods or the right to possession and

use of the goods; or

     (D) If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract,

informs the lessee in writing (a) of the identity of the person supplying the goods to the lessor,

unless the lessee has selected that person and directed the lessor to acquire the goods or the right to

possession and use of the goods from that person, (b) that the lessee is entitled under this chapter

to the promises and warranties, including those of any third party, provided to the lessor by the

person supplying the goods in connection with or as part of the contract by which the lessor

acquired the goods or the right to possession and use of the goods, and (c) that the lessee may

communicate with the person supplying the goods to the lessor and receive an accurate and

complete statement of those promises and warranties, including any disclaimers and limitations of

them or of remedies.

     (h) “Goods” means all things that are movable at the time of identification to the lease

contract, or are fixtures (§ 6A-2.1-309), but the term does not include money, documents,

instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and

gas, before extraction. The term also includes the unborn young of animals.

     (h.1) "Hybrid lease" means a single transaction involving a lease of goods and;:

     (1) The provision of services;

     (2) A sale of other goods; or

     (3) A sale, lease, or license of property other than goods.

     (i) “Installment lease contract” means a lease contract that authorizes or requires the

delivery of goods in separate lots to be separately accepted, even though the lease contract contains

a clause “each delivery is a separate lease” or its equivalent.

     (j) “Lease” means a transfer of the right to possession and use of goods for a term in return

for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation

of a security interest is not a lease. Unless the context clearly indicates otherwise, the term includes

a sublease.

     (k) “Lease agreement” means the bargain, with respect to the lease, of the lessor and the

lessee in fact as found in their language or by implication from other circumstances including

course of dealing or usage of trade or course of performance as provided in this chapter. Unless the

context clearly indicates otherwise, the term includes a sublease agreement.

     (l) “Lease contract” means the total legal obligation that results from the lease agreement

as affected by this chapter and any other applicable rules of law. Unless the context clearly indicates

otherwise, the term includes a sublease contract.

     (m) “Leasehold interest” means the interest of the lessor or the lessee under a lease contract.

     (n) “Lessee” means a person who acquires the right to possession and use of goods under

a lease. Unless the context clearly indicates otherwise, the term includes a sublessee.

     (o) “Lessee in ordinary course of business” means a person who in good faith and without

knowledge that the lease to him or her is in violation of the ownership rights or security interest or

leasehold interest of a third party in the goods leases in ordinary course from a person in the

business of selling or leasing goods of that kind but does not include a pawnbroker. “Leasing” may

be for cash or by exchange of other property or on secured or unsecured credit and includes

acquiring goods or documents of title under a preexisting lease contract but does not include a

transfer in bulk or as security for or in total or partial satisfaction of a money debt.

     (p) “Lessor” means a person who transfers the right to possession and use of goods under

a lease. Unless the context clearly indicates otherwise, the term includes a sublessor.

     (q) “Lessor’s residual interest” means the lessor’s interest in the goods after expiration,

termination, or cancellation of the lease contract.

     (r) “Lien” means a charge against or interest in goods to secure payment of a debt or

performance of an obligation, but the term does not include a security interest.

     (s) “Lot” means a parcel or a single chapterarticle that is the subject matter of a separate

lease or delivery, whether or not it is sufficient to perform the lease contract.

     (t) “Merchant lessee” means a lessee that is a merchant with respect to goods of the kind

subject to the lease.

     (u) “Present value” means the amount as of a date certain of one or more sums payable in

the future, discounted to the date certain. The discount is determined by the interest rate specified

by the parties if the rate was not manifestly unreasonable at the time the transaction was entered

into; otherwise, the discount is determined by a commercially reasonable rate that takes into

account the facts and circumstances of each case at the time the transaction was entered into.

     (v) “Purchase” includes taking by sale, lease, mortgage, security interest, pledge, gift, or

any other voluntary transaction creating an interest in goods.

     (w) “Sublease” means a lease of goods the right to possession and use of which was

acquired by the lessor as a lessee under an existing lease.

     (x) “Supplier” means a person from whom a lessor buys or leases goods to be leased under

a finance lease.

     (y) “Supply contract” means a contract under which a lessor buys or leases goods to be

leased.

     (z) “Termination” occurs when either party pursuant to a power created by agreement or

law puts an end to the lease contract otherwise than for default.

     (2) Other definitions applying to this chapter and the sections in which they appear are:

     “Accessions”. § 6A-2.1-310(1).

     “Construction mortgage”. § 6A-2.1-309(1)(d).

     “Encumbrance”. § 6A-2.1-309(1)(e).

     “Fixtures”. § 6A-2.1-309(1)(a).

     “Fixture filing”. § 6A-2.1-309(1)(b).

     “Purchase money lease”. § 6A-2.1-309(1)(c).

     (3) The following definitions in other chapters apply to this Chapter:

     “Account”. § 6A-9-102(a)(2).

     “Between merchants”. § 6A-2-104(3).

     “Buyer”. § 6A-2-103(1)(a).

     “Chattel paper”. § 6A-9-102(a)(11).

     “Consumer goods”. § 6A-9-102(a)(23).

     “Document”. § 6A-9-102(a)(30).

     “Entrusting”. § 6A-2-403(3).

     “General intangibles”. § 6A-9-102(a)(42).

     “Good faith”. § 6A-2-103(1)(b).

     “Instrument”. § 6A-9-102(a)(47).

     “Merchant”. § 6A-2-104(1).

     “Mortgage”. § 6A-9-102(a)(55).

     “Pursuant to commitment”. § 6A-9-102(a)(69).

     “Receipt”. § 6A-2-103(1)(c).

     “Sale”. § 6A-2-106(1).

     “Sale on approval”. § 6A-2-326.

     “Sale or return”. § 6A-2-326.

     “Seller”. § 6A-2-103(1)(d).

     (4) In addition, chapter 1 of this title contains general definitions and principles of

construction and interpretation applicable throughout this chapter.

 

228)

Section

Amended By Chapter Numbers:

 

6A-2.1-107

65 and 66

 

 

6A-2.1-107. Waiver or renunciation of claim or right after default.

     Any claim or right arising out of an alleged default or breach of warranty may be discharged

in whole or in part without consideration by a written waiver or renunciation signed and in a signed

record delivered by the aggrieved party.

 

229)

Section

Amended By Chapter Numbers:

 

6A-2.1-201

65 and 66

 

 

6A-2.1-201. Statute of frauds.

     (1) A lease contract is not enforceable by way of action or defense unless:

     (a) The total payments to be made under the lease contract, excluding payments for options

to renew or buy, are less than $ 1,000; or

     (b) There is a writing record, signed by the party against whom enforcement is sought or

by that party’s authorized agent, sufficient to indicate that a lease contract has been made between

the parties and to describe the goods leased and the lease term.

     (2) Any description of leased goods or of the lease term is sufficient and satisfies subsection

(1)(b), whether or not it is specific, if it reasonably identifies what is described.

     (3) A writing record is not insufficient because it omits or incorrectly states a term agreed

upon, but the lease contract is not enforceable under subsection (1)(b) beyond the lease term and

the quantity of goods shown in the writing record.

     (4) A lease contract that does not satisfy the requirements of subsection (1), but which is

valid in other respects, is enforceable:

     (a) If the goods are to be specially manufactured or obtained for the lessee and are not

suitable for lease or sale to others in the ordinary course of the lessor’s business, and the lessor,

before notice of repudiation is received and under circumstances that reasonably indicate that the

goods are for the lessee, has made either a substantial beginning of their manufacture or

commitments for their procurement;

     (b) If the party against whom enforcement is sought admits in that party’s pleading,

testimony or otherwise in court that a lease contract was made, but the lease contract is not

enforceable under this provision beyond the quantity of goods admitted; or

     (c) With respect to goods that have been received and accepted by the lessee.

     (5) The lease term under a lease contract referred to in subsection (4) is:

     (a) If there is a writing record signed by the party against whom enforcement is sought or

by that party’s authorized agent specifying the lease term, the term so specified;

     (b) If the party against whom enforcement is sought admits in that party’s pleading,

testimony, or otherwise in court a lease term, the term so admitted; or

     (c) A reasonable lease term.

 

230)

Section

Amended By Chapter Numbers:

 

6A-2.1-202

65 and 66

 

 

6A-2.1-202. Final expression: Parol or extrinsic evidence.

     Terms with respect to which the confirmatory memoranda of the parties agree or which are

otherwise set forth in a writing record intended by the parties as a final expression of their

agreement with respect to such terms as are included therein may not be contradicted by evidence

of any prior agreement or of a contemporaneous oral agreement but may be explained or

supplemented:

     (a) By course of dealing or usage of trade or by course of performance; and

     (b) By evidence of consistent additional terms unless the court finds the writing record to

have been intended also as a complete and exclusive statement of the terms of the agreement.

 

231)

Section

Amended By Chapter Numbers:

 

6A-2.1-203

65 and 66

 

 

6A-2.1-203. Seals inoperative.

     The affixing of a seal to a writing record evidencing a lease contract or an offer to enter

into a lease contract does not render the writing record a sealed instrument, and the law with respect

to sealed instruments does not apply to the lease contract or offer.

 

232)

Section

Amended By Chapter Numbers:

 

6A-2.1-205

65 and 66

 

 

6A-2.1-205. Firm offers.

     An offer by a merchant to lease goods to or from another person in a signed writing record

that by its terms gives assurance it will be held open is not revocable, for lack of consideration,

during the time stated or, if no time is stated, for a reasonable time, but in no event may the period

of irrevocability exceed 3 months. Any such term of assurance on a form supplied by the offeree

must be separately signed by the offeror.

 

233)

Section

Amended By Chapter Numbers:

 

6A-2.1-208

65 and 66

 

 

6A-2.1-208. Modification, rescission, and waiver.

     (1) An agreement modifying a lease contract needs no consideration to be binding.

     (2) A signed lease agreement that excludes modification or rescission except by a signed

writing record may not be otherwise modified or rescinded, but, except as between merchants, such

a requirement on a form supplied by a merchant must be separately signed by the other party.

     (3) Although an attempt at modification or rescission does not satisfy the requirements of

subsection (2), it may operate as a waiver.

     (4) A party who has made a waiver affecting an executory portion of a lease contract may

retract the waiver by reasonable notification received by the other party that strict performance will

be required of any term waived, unless the retraction would be unjust in view of a material change

of position in reliance on the waiver.

 

 

 

234)

Section

Amended By Chapter Numbers:

 

6A-3-104

65 and 66

 

 

6A-3-104. Negotiable instrument.

     (a) Except as provided in subsections (c) and (d), “negotiable instrument” means an

unconditional promise or order to pay a fixed amount of money, with or without interest or other

charges described in the promise or order, if it:

     (1) Is payable to bearer or to order at the time it is issued or first comes into possession of

a holder;

     (2) Is payable on demand or at a definite time; and

     (3) Does not state any other undertaking or instruction by the person promising or ordering

payment to do any act in addition to the payment of money, but the promise or order may contain

(i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an

authorization or power to the holder to confess judgment or realize on or dispose of collateral, or

(iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor; (iv)

a term that specifies the law that governs the promise or order; or (v) an undertaking to resolve, in

a specified forum, a dispute concerning the promise or order.

     (b) “Instrument” means a negotiable instrument.

     (c) An order that meets all of the requirements of subsection (a), except paragraph (1), and

otherwise falls within the definition of “check” in subsection (f) is a negotiable instrument and a

check.

     (d) A promise or order other than a check is not an instrument if, at the time it is issued or

first comes into possession of a holder, it contains a conspicuous statement, however expressed, to

the effect that the promise or order is not negotiable or is not an instrument governed by this chapter.

     (e) An instrument is a “note” if it is a promise and is a “draft” if it is an order. If an

instrument falls within the definition of both “note” and “draft,” a person entitled to enforce the

instrument may treat it as either.

     (f) “Check” means (i) a draft, other than a documentary draft, payable on demand and

drawn on a bank or (ii) a cashier’s check or teller’s check. An instrument may be a check even

though it is described on its face by another term, such as “money order.”

     (g) “Cashier’s check” means a draft with respect to which the drawer and drawee are the

same bank or branches of the same bank.

     (h) “Teller’s check” means a draft drawn by a bank (i) on another bank, or (ii) payable at

or through a bank.

     (i) “Traveler’s check” means an instrument that (i) is payable on demand, (ii) is drawn on

or payable at or through a bank, (iii) is designated by the term “traveler’s check” or by a

substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a

person whose specimen signature appears on the instrument.

     (j) “Certificate of deposit” means an instrument containing an acknowledgment by a bank

that a sum of money has been received by the bank and a promise by the bank to repay the sum of

money. A certificate of deposit is a note of the bank.

 

 

235)

Section

Amended By Chapter Numbers:

 

6A-3-105

65 and 66

 

 

6A-3-105. Issue of instrument.

     “Issue” means:

     The (1) The first delivery of an instrument by the maker or drawer, whether to a holder or

     nonholder, for the purpose of giving rights on the instrument to any person.; or

     (2) If agreed by the payee, the first transmission by the drawer to the payee of an image of

an item and information derived from the item that enables the depositary bank to collect the item

by transferring or presenting under federal law an electronic check.

     (b) An unissued instrument, or an unissued incomplete instrument that is completed, is

binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally

issued or is issued for a special purpose is binding on the maker or drawer, but failure of the

condition or special purpose to be fulfilled is a defense.

     (c) “Issuer” applies to issued and unissued instruments and means a maker or drawer of an

instrument.

 

236)

Section

Amended By Chapter Numbers:

 

6A-3-401

65 and 66

 

 

6A-3-401. Signature Necessary for Liability on Instrument.

     (a) A person is not liable on an instrument unless (i) the person signed the instrument, or

(ii) the person is represented by an agent or representative who signed the instrument and the

signature is binding on the represented person under § 6A-3-402.

     (b) A signature may be made (i) manually or by means of a device or machine, and (ii) by

the use of any name, including a trade or assumed name, or by a word, mark, or symbol executed

or adopted by a person with present intention to authenticate a writing.

 

237)

Section

Amended By Chapter Numbers:

 

6A-3-604

65 and 66

 

 

6A-3-604. Discharge by cancellation or renunciation.

     (a) A person entitled to enforce an instrument, with or without consideration, may

discharge the obligation of a party to pay the instrument (i) by an intentional voluntary act, such as

surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument,

cancellation or striking out of the party’s signature, or the addition of words to the instrument

indicating discharge, or (ii) by agreeing not to sue or otherwise renouncing rights against the party

by a signed writing record. The obligation of a party to pay a check is not discharged solely by

destruction of the check in connection with a process in which information is extracted from the

check and an image of the check is made and, subsequently, the information and image are

transmitted for payment.

     (b) Cancellation or striking out of an indorsement pursuant to subsection (a) does not affect

the status and rights of a party derived from the indorsement.

 

 

238)

Section

Amended By Chapter Numbers:

 

6A-4.1-103

65 and 66

 

 

6A-4.1-103. Payment order — Definitions.

     (a) In this chapter:

     (1) “Payment order” means an instruction of a sender to a receiving bank, transmitted

orally, electronically, or in writing or in a record, to pay, or to cause another bank to pay, a fixed

or determinable amount of money to a beneficiary if:

     (i) The instruction does not state a condition to payment to the beneficiary other than time

of payment;

     (ii) The receiving bank is to be reimbursed by debiting an account of, or otherwise receiving

payment from, the sender; and

     (iii) The instruction is transmitted by the sender directly to the receiving bank or to an

agent, funds-transfer system, or communication system for transmittal to the receiving bank.

     (2) “Beneficiary” means the person to be paid by the beneficiary’s bank.

     (3) “Beneficiary’s bank” means the bank identified in a payment order in which an account

of the beneficiary is to be credited pursuant to the order or which otherwise is to make payment to

the beneficiary if the order does not provide for payment to an account.

     (4) “Receiving bank” means the bank to which the sender’s instruction is addressed.

     (5) “Sender” means the person giving the instruction to the receiving bank.

     (b) If an instruction complying with subsection (a)(1) is to make more than one payment

to a beneficiary, the instruction is a separate payment order with respect to each payment.

     (c) A payment order is issued when it is sent to the receiving bank.

 

239)

Section

Amended By Chapter Numbers:

 

6A-4.1-201

65 and 66

 

 

6A-4.1-201. Security procedure.

     “Security procedure” means a procedure established by agreement of a customer and a

receiving bank for the purpose of (i) verifying that a payment order or communication amending

or cancelling a payment order is that of the customer, or (ii) detecting error in the transmission or

the content of the payment order or communication. A security procedure may impose an obligation

on the receiving bank or the customer and may require the use of algorithms or other codes,

identifying words or, numbers, symbols, sounds, biometrics, encryption, callback procedures, or

similar security devices. Comparison of a signature on a payment order or communication with an

authorized specimen signature of the customer or requiring a payment order to be sent from a

known email address, IP address, or telephone number is not by itself a security procedure.

 

240)

Section

Amended By Chapter Numbers:

 

6A-4.1-202

65 and 66

 

 

6A-4.1-202. Authorized and verified payment orders.

     (a) A payment order received by the receiving bank is the authorized order of the person

identified as sender if that person authorized the order or is otherwise bound by it under the law of

agency.

     (b) If a bank and its customer have agreed that the authenticity of payment orders issued to

the bank in the name of the customer as sender will be verified pursuant to a security procedure, a

payment order received by the receiving bank is effective as the order of the customer whether or

not authorized, if (i) the security procedure is a commercially reasonable method of providing

security against unauthorized payment orders, and (ii) the bank provides that it accepted the

payment order in good faith and in compliance with the bank's obligations under the security

procedure and any written agreement or instruction of the customer evidenced by a record

restricting acceptance of payment orders issued in the name of the customer. The bank is not

required to follow an instruction that violates a written an agreement with the customer, evidenced

by a record, or notice of which is not received at a time and in a manner affording the bank a

reasonable opportunity to act on it before the payment order is accepted.

     (c) Commercial reasonableness of a security procedure is a question of law to be

determined by considering the wishes of the customer expressed to the bank, the circumstances of

the customer known to the bank, including the mix, type, and frequency of payment orders normally

issued by the customer to the bank, alternative security procedures offered to the customer, and

security procedures in general use by customers and receiving banks similarly situated. A security

procedure is deemed to be commercially reasonable if (i) the security procedure was chosen by the

customer after the bank offered, and the customer refused, a security procedure that was

commercially reasonable for that customer, and (ii) the customer expressly agreed in writing a

record to be bound by any payment order, whether or not authorized, issued in its name and

accepted by the bank in compliance with the bank's obligations under the security procedure chosen

by the customer.

     (d) The term “sender” in this chapter includes the customer in whose name a payment order

is issued if the order is the authorized order of the customer under subsection (a), or it is effective

as the order of the customer under subsection (b).

     (e) This section applies to amendments and cancellations of payment orders to the same

extent it applies to payment orders.

     (f) Except as provided in this section and in § 6A-4.1-203(a)(1), rights and obligations

arising under this section and § 6A-4.1-203 may not be varied by agreement.

 

241)

Section

Amended By Chapter Numbers:

 

6A-4.1-203

65 and 66

 

 

6A-4.1-203. Unenforceability of certain verified payment orders.

     (a) If an accepted payment order is not, under § 6A-4.1-202(a), an authorized order of a

customer identified as sender, but is effective as an order of the customer pursuant to § 6A-4.1-

202(b), the following rules apply:

     (1) By express written agreement evidenced by a record, the receiving bank may limit the

extent to which it is entitled to enforce or retain payment of the payment order.

     (2) The receiving bank is not entitled to enforce or retain payment of the payment order if

the customer proves that the order was not caused, directly or indirectly, by a person (i) entrusted

at any time with duties to act for the customer with respect to payment orders or the security

procedure, or (ii) who obtained access to transmitting facilities of the customer or who obtained,

from a source controlled by the customer and without authority of the receiving bank, information

facilitating breach of the security procedures, regardless of how the information was obtained or

whether the customer was at fault. Information includes any access device, computer software, or

the like.

     (b) This section applies to amendments of payment orders to the same extent it applies to

payment orders.

 

242)

Section

Amended By Chapter Numbers:

 

6A-4.1-207

65 and 66

 

 

6A-4.1-207. Misdescription of beneficiary.

     (a) Subject to subsection (b), if, in a payment order received by the beneficiary’s bank, the

name, bank account number, or other identification of the beneficiary refers to a nonexistent or

unidentifiable person or account, no person has rights as a beneficiary of the order and acceptance

of the order cannot occur.

     (b) If a payment order received by the beneficiary’s bank identifies the beneficiary both by

name and by an identifying or bank account number and the name and number identify different

persons, the following rules apply:

     (1) Except as otherwise provided in subsection (c), if the beneficiary’s bank does not know

that the name and number refer to different persons, it may rely on the number as the proper

identification of the beneficiary of the order. The beneficiary’s bank need not determine whether

the name and number refer to the same person.

     (2) If the beneficiary’s bank pays the person identified by name or knows that the name

and number identify different persons, no person has rights as beneficiary except the person paid

by the beneficiary’s bank if that person was entitled to receive payment from the originator of the

funds transfer. If no person has rights as beneficiary, acceptance of the order cannot occur.

     (c) If (i) a payment order described in subsection (b) is accepted, (ii) the originator’s

payment order described the beneficiary inconsistently by name and number, and (iii) the

beneficiary’s bank pays the person identified by number as permitted by subsection (b)(1), the

following rules apply:

     (1) If the originator is a bank, the originator is obliged to pay its order.

     (2) If the originator is not a bank and proves that the person identified by number was not

entitled to receive payment from the originator, the originator is not obliged to pay its order unless

the originator’s bank proves that the originator, before acceptance of the originator’s order, had

notice that payment of a payment order issued by the originator might be made by the beneficiary’s

bank on the basis of an identifying or bank account number even if it identifies a person different

from the named beneficiary. Proof of notice may be made by any admissible evidence. The

originator’s bank satisfies the burden of proof if it proves that the originator, before the payment

order was accepted, signed a writing record stating the information to which the notice relates.

     (d) In a case governed by subsection (b)(1), if the beneficiary’s bank rightfully pays the

person identified by number and that person was not entitled to receive payment from the

originator, the amount paid may be recovered from that person to the extent allowed by the law

governing mistake and restitution as follows:

     (1) If the originator is obliged to pay its payment order as stated in subsection (c), the

originator has the right to recover.

     (2) If the originator is not a bank and is not obliged to pay its payment order, the originator’s

bank has the right to recover.

 

243)

Section

Amended By Chapter Numbers:

 

6A-4.1-208

65 and 66

 

 

6A-4.1-208. Misdescription of intermediary bank or beneficiary’s bank.

     (a) This subsection applies to a payment order identifying an intermediary bank or the

beneficiary’s bank only by an identifying number.

     (1) The receiving bank may rely on the number as the proper identification of the

intermediary or beneficiary’s bank and need not determine whether the number identifies a bank.

     (2) The sender is obliged to compensate the receiving bank for any loss and expenses

incurred by the receiving bank as a result of its reliance on the number in executing or attempting

to execute the order.

     (b) This subsection applies to a payment order identifying an intermediary bank or the

beneficiary’s bank both by name and an identifying number if the name and number identify

different persons.

     (1) If the sender is a bank, the receiving bank may rely on the number as the proper

identification of the intermediary or beneficiary’s bank if the receiving bank, when it executes the

sender’s order, does not know that the name and number identify different persons. The receiving

bank need not determine whether the name and number refer to the same person or whether the

number refers to a bank. The sender is obliged to compensate the receiving bank for any loss and

expenses incurred by the receiving bank as a result of its reliance on the number in executing or

attempting to execute the order.

     (2) If the sender is not a bank and the receiving bank proves that the sender, before the

payment order was accepted, had notice that the receiving bank might rely on the number as the

proper identification of the intermediary or beneficiary’s bank even if it identifies a person different

from the bank identified by name, the rights and obligations of the sender and the receiving bank

are governed by subsection (b)(1), as though the sender were a bank. Proof of notice may be made

by any admissible evidence. The receiving bank satisfies the burden of proof if it proves that the

sender, before the payment order was accepted, signed a writing record stating the information to

which the notice relates.

     (3) Regardless of whether the sender is a bank, the receiving bank may rely on the same as

the proper identification of the intermediary or beneficiary’s bank if the receiving bank, at the time

it executes the sender’s order, does not know that the name and number identify different persons.

The receiving bank need not determine whether the name and number refer to the same person.

     (4) If the receiving bank knows that the name and number identify different persons,

reliance on either the name or the number in executing the sender’s payment order is a breach of

the obligation stated in § 6A-4.1-302(a)(1).

 

244)

Section

Amended By Chapter Numbers:

 

6A-4.1-210

65 and 66

 

 

6A-4.1-210. Rejection of payment order.

     (a) A payment order is rejected by the receiving bank by a notice of rejection transmitted

to the sender orally, electronically, or in writing or in a record. A notice of rejection need not use

any particular words and is sufficient if it indicates that the receiving bank is rejecting the order or

will not execute or pay the order. Rejection is effective when the notice is given if transmission is

by a means that is reasonable in the circumstances. If notice of rejection is given by a means that

is not reasonable, rejection is effective when the notice is received. If an agreement of the sender

and receiving bank establishes the means to be used to reject a payment order, (i) any means

complying with the agreement is reasonable and (ii) any means not complying is not reasonable

unless no significant delay in receipt of the notice resulted from the use of the noncomplying means.

     (b) This subsection applies if a receiving bank other than the beneficiary’s bank fails to

execute a payment order despite the existence on the execution date of a withdrawable credit

balance in an authorized account of the sender sufficient to cover the order. If the sender does not

receive notice of rejection of the order on the execution date and the authorized account of the

sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the

order for the number of days elapsing after the execution date to the earlier of the day the order is

canceled pursuant to § 6A-4.1-211(d) or the day the sender receives notice or learns that the order

was not executed, counting the final day of the period as an elapsed day. If the withdrawable credit

balance during that period falls below the amount of the order, the amount of interest is reduced

accordingly.

     (c) If a receiving bank suspends payments, all unaccepted payment orders issued to it are

deemed rejected at the time the bank suspends payments.

     (d) Acceptance of a payment order precludes a later rejection of the order. Rejection of a

payment order precludes a later acceptance of the order.

 

245)

Section

Amended By Chapter Numbers:

 

6A-4.1-211

65 and 66

 

 

6A-4.1-211. Cancellation and amendment of payment order.

     (a) A communication of the sender of a payment order cancelling or amending the order

may be transmitted to the receiving bank orally, electronically, or in writing or in a record. If a

security procedure is in effect between the sender and the receiving bank, the communication is not

effective to cancel or amend the order unless the communication is verified pursuant to the security

procedure or the bank agrees to the cancellation or amendment.

     (b) Subject to subsection (a), a communication by the sender cancelling or amending a

payment order is effective to cancel or amend the order if notice of the communication is received

at a time and in a manner affording the receiving bank a reasonable opportunity to act on the

communication before the bank accepts the payment order.

     (c) After a payment order has been accepted, cancellation or amendment of the order is not

effective unless the receiving bank agrees or a funds transfer system rule allows cancellation or

amendment without agreement of the bank.

     (1) With respect to a payment order accepted by a receiving bank other than the

beneficiary’s bank, cancellation or amendment is not effective unless a conforming cancellation or

amendment of the payment order issued by the receiving bank is also made.

     (2) With respect to a payment order accepted by the beneficiary’s bank, cancellation or

amendment is not effective unless the order was issued in execution of an unauthorized payment

order, or because of a mistake by a sender in the funds transfer which resulted in the issuance of a

payment order (i) that is a duplicate of a payment order previously issued by the sender, (ii) that

orders payment to a beneficiary not entitled to receive payment from the originator, or (iii) that

orders payment in an amount greater than the amount the beneficiary was entitled to receive from

the originator. If the payment order is canceled or amended, the beneficiary’s bank is entitled to

recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law

governing mistake and restitution.

     (d) An unaccepted payment order is canceled by operation of law at the close of the fifth

funds transfer business day of the receiving bank after the execution date or payment date of the

order.

     (e) A canceled payment order cannot be accepted. If an accepted payment order is canceled,

the acceptance is nullified and no person has any right or obligation based on the acceptance.

Amendment of the payment order is deemed to be cancellation of the original order at the time of

amendment and issue of a new payment order in the amended form at the same time.

     (f) Unless otherwise provided in an agreement of the parties or in a funds transfer system

rule, if the receiving bank, after accepting a payment order, agrees to cancellation or amendment

of the order by the sender or is bound by a funds transfer system rule allowing cancellation or

amendment without the bank’s agreement, the sender, whether or not cancellation or amendment

is effective, is liable to the bank for any loss and expenses, including reasonable attorney’s fees,

incurred by the bank as a result of the cancellation or amendment or attempted cancellation or

amendment.

     (g) A payment order is not revoked by the death or legal incapacity of the sender unless

the receiving bank knows of the death or of an adjudication of incapacity by a court of competent

jurisdiction and has reasonable opportunity to act before acceptance of the order.

     (h) A funds transfer system rule is not effective to the extent it conflicts with subsection

(c)(2).

 

246)

Section

Amended By Chapter Numbers:

 

6A-4.1-305

65 and 66

 

 

6A-4.1-305. Liability for late or improper execution or failure to execute payment

order.

     (a) If a funds transfer is completed but execution of a payment order by the receiving bank

in breach of § 6A-4.1-302 results in delay in payment to the beneficiary, the bank is obliged to pay

interest to either the originator or the beneficiary of the funds transfer for the period of delay caused

by the improper execution. Except as provided in subsection (c), additional damages are not

recoverable.

     (b) If execution of a payment order by a receiving bank in breach of § 6A-4.1-302 results

in (i) noncompletion of the funds transfer, (ii) failure to use an intermediary bank designated by the

originator, or (iii) issuance of a payment order that does not comply with the terms of the payment

order of the originator, the bank is liable to the originator for its expenses in the funds transfer and

for incidental expenses and interest losses, to the extent not covered by subsection (a), resulting

from the improper execution. Except as provided in subsection (c), additional damages are not

recoverable.

     (c) In addition to the amounts payable under subsections (a) and (b), damages, including

consequential damages, are recoverable to the extent provided in an express written agreement of

the receiving bank evidenced by a record.

     (d) If a receiving bank fails to execute a payment order it was obliged by express agreement

to execute, the receiving bank is liable to the sender for its expenses in the transaction and for

incidental expenses and interest losses resulting from the failure to execute. Additional damages,

including consequential damages, are recoverable to the extent provided in an express

writtenagreement of the receiving bank, evidenced by a record but are not otherwise recoverable.

     (e) Reasonable attorney’s fees are recoverable if demand for compensation under

subsection (a) or (b) is made and refused before an action is brought on the claim. If a claim is

made for breach of an agreement under subsection (d) and the agreement does not provide for

damages, reasonable attorney’s fees are recoverable if demand for compensation under subsection

(d) is made and refused before an action is brought on the claim.

     (f) Except as stated in this section, the liability of a receiving bank under subsections (a)

and (b) may not be varied by agreement.

 

 

 

 

 

 

247)

Section

Amended By Chapter Numbers:

 

6A-5-104

65 and 66

 

 

6A-5-104. Formal requirements.

     A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued

in any form that is a signed record and is authenticated (1) by a signature or (2) in accordance with

the agreement of the parties or the standard practice referred to in § 6A-5-108(e).

 

248)

Section

Amended By Chapter Numbers:

 

6A-5-116

65 and 66

 

 

6A-5-116. Choice of law and forum.

     (a) The liability of an issuer, nominated person, or adviser for action or omission is

governed by the law of the jurisdiction chosen by an agreement in the form of a record signed or

otherwise authenticated by the affected parties in the manner provided in § 6A-5-104 or by a

provision in the person’s letter of credit, confirmation, or other undertaking. The jurisdiction whose

law is chosen need not bear any relation to the transaction.

     (b) Unless subsection (a) applies, the liability of an issuer, nominated person, or adviser

for action or omission is governed by the law of the jurisdiction in which the person is located. The

person is considered to be located at the address indicated in the person’s undertaking. If more than

one address is indicated, the person is considered to be located at the address from which the

person’s undertaking was issued.

     (c) For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of

credit, but not enforcement of a judgment, all branches of a bank are considered separate juridical

entities and a bank is considered to be located at the place where its relevant branch is considered

to be located under thissubsection (d) of this section.

     (d) A branch of a bank is considered to be located at the address indicated in the branch's

undertaking. If more than one address is indicated, the branch is considered to be located at the

address from which the undertaking was issued.

     (c)(e) Except as otherwise provided in this subsection, the liability of an issuer, nominated

person, or adviser is governed by any rules of custom or practice, such as the Uniform Customs

and Practice for Documentary Credits, to which the letter of credit, confirmation, or other

undertaking is expressly made subject. If (1) this chapter would govern the liability of an issuer,

nominated person, or adviser under subsection (a) or (b), (2) the relevant undertaking incorporates

rules of custom or practice, and (3) there is conflict between this chapter and those rules as applied

to that undertaking, those rules govern except to the extent of any conflict with the nonvariable

provisions specified in § 6A-5-103(c).

     (d)(f) If there is conflict between this chapter and chapters 3, 4, 4.1 or 9 of this title, this

chapter governs.

     (e)(g) The forum for settling disputes arising out of an undertaking within this chapter may

be chosen in the manner and with the binding effect that governing law may be chosen in

accordance with subsection (a).

 

249)

Section

Amended By Chapter Numbers:

 

6A-7-102

65 and 66

 

 

6A-7-102. Definitions and index of definitions.

     (a) In this chapter, unless the context otherwise requires:

     (1) “Bailee” means a person that by a warehouse receipt, bill of lading, or other document

of title acknowledges possession of goods and contracts to deliver them.

     (2) “Carrier” means a person that issues a bill of lading.

     (3) “Consignee” means a person named in a bill of lading to which or to whose order the

bill promises delivery.

     (4) “Consignor” means a person named in a bill of lading as the person from which the

goods have been received for shipment.

     (5) “Delivery order” means a record that contains an order to deliver goods directed to a

warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts

or bills of lading.

     (6) “Good faith” means honesty in fact and the observance of reasonable commercial

standards of fair dealing.

     (7) “Goods” means all things that are treated as movable for the purposes of a contract for

storage or transportation.

     (8) “Issuer” means a bailee that issues a document of title or, in the case of an unaccepted

delivery order, the person that orders the possessor of goods to deliver. The term includes a person

for which an agent or employee purports to act in issuing a document if the agent or employee has

real or apparent authority to issue documents, even if the issuer did not receive any goods, the goods

were misdescribed, or in any other respect the agent or employee violated the issuer’s instructions.

     (9) “Person entitled under the document” means the holder, in the case of a negotiable

document of title, or the person to which delivery of the goods is to be made by the terms of, or

pursuant to instructions in a record under, a nonnegotiable document of title.

     (10) “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.

     (11) “Sign” means, with present intent to authenticate or adopt a record:

     (A) To execute or adopt a tangible symbol; or

     (B) To attach to or logically associate with the record an electronic sound, symbol, or

process.

     (12) “Shipper” means a person that enters into a contract of transportation with a carrier.

     (13) “Warehouse” means a person engaged in the business of storing goods for hire.

     (b) Definitions in other chapters applying to this chapter and the sections in which they

appear are:

     (1) "Contract for sale," § 6A-2-106.

     (2) "Lessee in the ordinary course of business," § 6A-2.1-103.

     (3) "Receipt" of goods, § 6A-2-103.

     (c) In addition, chapter 1 contains general definitions and principles of construction and

interpretation applicable throughout this chapter.

 

250)

Section

Amended By Chapter Numbers:

 

6A-7-106

65 and 66

 

 

6A-7-106. Control of electronic document of title.

     (a) A person has control of an electronic document of title if a system employed for

evidencing the transfer of interests in the electronic document reliably establishes that person as

the person to which the electronic document was issued or transferred.

     (b) A system satisfies subsection (a), and a person is deemed to have has control of an

electronic document of title, if the document is created, stored, and assigned transferred in such a

manner that:

     (1) A single authoritative copy of the document exists which is unique, identifiable, and,

except as otherwise provided in paragraphs (4), (5), and (6), unalterable;

     (2) The authoritative copy identifies the person asserting control as:

     (A) The person to which the document was issued; or

     (B) If the authoritative copy indicates that the document has been transferred, the person

to which the document was most recently transferred;

     (3) The authoritative copy is communicated to and maintained by the person asserting

control or its designated custodian;

     (4) Copies or amendments that add or change an identified assignee transferee of the

authoritative copy can be made only with the consent of the person asserting control;

     (5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a

copy that is not the authoritative copy; and

     (6) Any amendment of the authoritative copy is readily identifiable as authorized or

unauthorized.

     (c) A system satisfies subsection (a) of this section, and a person has control of an electronic

document of title, if an authoritative electronic copy of the document, a record attached to or

logically associated with the electronic copy, or a system in which the electronic copy is recorded:

     (1) Enables the person readily to identify each electronic copy as either an authoritative

copy or a nonauthoritative copy;

     (2) Enables the person readily to identify itself in any way, including by name, identifying

number, cryptographic key, office, or account number, as the person to which each authoritative

electronic copy was issued or transferred; and

     (3) Gives the person exclusive power, subject to subsection (d) of this section, to:

     (i) Prevent others from adding or changing the person to which each authoritative electronic

copy has been issued or transferred; and

     (ii) Transfer control of each authoritative electronic copy.

     (d) Subject to subsection (e) of this section, a power is exclusive under subsections (c)(3)(i)

and (ii) of this section even if:

     (1) The authoritative electronic copy, a record attached to, or logically associated with the

authoritative electronic copy, or a system in which the authoritative electronic copy is recorded

limits the use of the document of title or has a protocol that is programmed to cause a change,

including a transfer or loss of control; or

     (2) The power is shared with another person.

     (e) A power of a person is not shared with another person under subsection (d)(2) of this

section and the person’s power is not exclusive if:

     (1) The person can exercise the power only if the power also is exercised by the other

person; and

     (2) The other person:

     (i) Can exercise the power without exercise of the power by the person; or

     (ii) Is the transferor to the person of an interest in the document of title.

     (f) If a person has the powers specified in subsections (c)(3)(i) and (ii) of this section, the

powers are presumed to be exclusive.

     (g) A person has control of an electronic document of title if another person, other than the

transferor to the person of an interest in the document:

     (1) Has control of the document and acknowledges that it has control on behalf of the

person; or

     (2) Obtains control of the document after having acknowledged that it will obtain control

of the document on behalf of the person.

     (h) A person that has control under this section is not required to acknowledge that it has

control on behalf of another person.

     (i) If a person acknowledges that it has or will obtain control on behalf of another person,

unless the person otherwise agrees or law other than this chapter or chapter 6A-9 of this title

otherwise provides, the person does not owe any duty to the other person and is not required to

confirm the acknowledgment to any other person.

 

 

 

 

251)

Section

Amended By Chapter Numbers:

 

6A-8-102

65 and 66

 

 

6A-8-102. Definitions.

     (a) In this chapter:

     (1) “Adverse claim” means a claim that a claimant has a property interest in a financial

asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or

deal with the financial asset.

     (2) “Bearer form,” as applied to a certificated security, means a form in which the security

is payable to the bearer of the security certificate according to its terms but not by reason of an

indorsement.

     (3) “Broker” means a person defined as a broker or dealer under the federal securities laws,

but without excluding a bank acting in that capacity.

     (4) “Certificated security” means a security that is represented by a certificate.

     (5) “Clearing corporation” means:

     (i) a person that is registered as a “clearing agency” under the federal securities laws;

     (ii) A federal reserve bank; or

     (iii) Any other person that provides clearance or settlement services with respect to

financial assets that would require it to register as a clearing agency under the federal securities

laws but for an exclusion or exemption from the registration requirement, if its activities as a

clearing corporation, including promulgation of rules, are subject to regulation by a federal or state

governmental authority.

     (6) “Communicate” means to:

     (i) Send a signed writing record; or

     (ii) Transmit information by any mechanism agreed upon by the persons transmitting and

receiving the information.

     (7) “Entitlement holder” means a person identified in the records of a securities

intermediary as the person having a security entitlement against the securities intermediary. If a

person acquires a security entitlement by virtue of § 6A-8-501(b)(2) or (3), that person is the

entitlement holder.

     (8) “Entitlement order” means a notification communicated to a securities intermediary

directing transfer or redemption of a financial asset to which the entitlement holder has a security

entitlement.

     (9) “Financial asset,” except as otherwise provided in § 6A-8-103, means:

     (i) A security;

     (ii) An obligation of a person or a share, participation, or other interest in a person or in

property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets,

or which is recognized in any area in which it is issued or dealt in as a medium for investment; or

     (iii) Any property that is held by a securities intermediary for another person in a securities

account if the securities intermediary has expressly agreed with the other person that the property

is to be treated as a financial asset under this chapter.

     As context requires, the term means either the interest itself or the means by which a

person’s claim to it is evidenced, including a certificated or uncertificated security, a security

certificate, or a security entitlement.

     (10) “Good faith,” for purposes of the obligation of good faith in the performance or

enforcement of contracts or duties within this chapter, means honesty in fact and the observance of

reasonable commercial standards of fair dealing.

     (11) “Indorsement” means a signature that alone or accompanied by other words is made

on a security certificate in registered form or on a separate document for the purpose of assigning,

transferring, or redeeming the security or granting a power to assign, transfer, or redeem it.

     (12) “Instruction” means a notification communicated to the issuer of an uncertificated

security which directs that the transfer of the security be registered or that the security be redeemed.

     (13) “Registered form,” as applied to a certificated security, means a form in which:

     (i) The security certificate specifies a person entitled to the security; and

     (ii) A transfer of the security may be registered upon books maintained for that purpose by

or on behalf of the issuer, or the security certificate so states.

     (14) “Securities intermediary” means:

     (i) A clearing corporation; or

     (ii) A person, including a bank or broker, that in the ordinary course of its business

maintains securities accounts for others and is acting in that capacity.

     (15) “Security,” except as otherwise provided in § 6A-8-103, means an obligation of an

issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an

issuer:

     (i) Which is represented by a security certificate in bearer or registered form, or the transfer

of which may be registered upon books maintained for that purpose by or on behalf of the issuer;

     (ii) Which is one of a class or series or by its terms is divisible into a class or series of

shares, participations, interests, or obligations; and

     (iii) Which:

     (A) Is, or is of a type, dealt in or traded on securities exchanges or securities markets; or

     (B) Is a medium for investment and by its terms expressly provides that it is a security

governed by this chapter.

     (16) “Security certificate” means a certificate representing a security.

     (17) “Security entitlement” means the rights and property interest of an entitlement holder

with respect to a financial asset specified in part 5 of this chapter.

     (18) “Uncertificated security” means a security that is not represented by a certificate.

     (b) Other The following definitions applying to in this chapter and the sections in which

they appear are other chapters of this title apply to this chapter:

     "Appropriate person". § 6A-8-107

     "Control". § 6A-8-106

     "Controllable account". § 6A-9-102

     "Controllable electronic record". § 6A-12-102

     "Controllable payment intangible". § 6A-9-102

     "Delivery". § 6A-8-301

     "Investment company security". § 6A-8-103

     "Issuer". § 6A-8-201

     "Overissue". § 6A-8-210

     "Protected purchaser". § 6A-8-303

     "Securities account". § 6A-8-501

     (c) In addition, chapter 1 of this title contains general definitions and principles of

construction and interpretation applicable throughout this chapter.

     (d) The characterization of a person, business, or transaction for purposes of this chapter

does not determine the characterization of the person, business, or transaction for purposes of any

other law, regulation, or rule.

 

252)

Section

Amended By Chapter Numbers:

 

6A-8-103

65 and 66

 

 

6A-8-103. Rules for determining whether certain obligations and interests are

securities or financial assets.

     (a) A share or similar equity interest issued by a corporation, business trust, joint stock

company, or similar entity is a security.

     (b) An “investment company security” is a security. “Investment company security” means

a share or similar equity interest issued by an entity that is registered as an investment company

under the federal investment company laws, an interest in a unit investment trust that is so

registered, or a face-amount certificate issued by a face-amount certificate company that is so

registered. Investment company security does not include an insurance policy or endowment policy

or annuity contract issued by an insurance company.

     (c) An interest in a partnership or limited liability company is not a security unless it is

dealt in or traded on securities exchanges or in securities markets, its terms expressly provide that

it is a security governed by this chapter, or it is an investment company security. However, an

interest in a partnership or limited liability company is a financial asset if it is held in a securities

account.

     (d) A writing that is a security certificate is governed by this chapter and not by chapter 3

of this title, even though it also meets the requirements of that chapter. However, a negotiable

instrument governed by chapter 3 of this title is a financial asset if it is held in a securities account.

     (e) An option or similar obligation issued by a clearing corporation to its participants is not

a security, but is a financial asset.

     (f) A commodity contract, as defined in § 6A-9-102(a)(15), is not a security or a financial

asset.

     (g) A document of title is not a financial asset unless subsection 6A-8-102(a)(9)(iii) applies.

     (h) A controllable account, controllable electronic record, or controllable payment

intangible is not a financial asset unless § 6A-8-102(a)(9)(iii) applies.

 

253)

Section

Amended By Chapter Numbers:

 

6A-8-106

65 and 66

 

 

6A-8-106. Control.

     (a) A purchaser has “control” of a certificated security in bearer form if the certificated

security is delivered to the purchaser.

     (b) A purchaser has “control” of a certificated security in registered form if the certificated

security is delivered to the purchaser, and:

     (1) the certificate is indorsed to the purchaser or in blank by an effective indorsement; or

     (2) the certificate is registered in the name of the purchaser, upon original issue or

registration of transfer by the issuer.

     (c) A purchaser has “control” of an uncertificated security if:

     (1) the uncertificated security is delivered to the purchaser; or

     (2) the issuer has agreed that it will comply with instructions originated by the purchaser

without further consent by the registered owner.

     (d) A purchaser has “control” of a security entitlement if:

     (1) the purchaser becomes the entitlement holder;

     (2) the securities intermediary has agreed that it will comply with entitlement orders

originated by the purchaser without further consent by the entitlement holder; or

     (3) another person has control of the security entitlement on behalf of the purchaser or,

having previously acquired control of the security entitlement, acknowledges that it has control on

behalf of the purchaser person, other than the transferor to the purchaser of an interest in the security

entitlement:

     (i) has control of the security entitlement and acknowledges that it has control on behalf of

the purchaser; or

     (ii) obtains control of the security entitlement after having acknowledged that it will obtain

control of the security entitlement on behalf of the purchaser.

     (e) If an interest in a security entitlement is granted by the entitlement holder to the

entitlement holder’s own securities intermediary, the securities intermediary has control.

     (f) A purchaser who has satisfied the requirements of subsection (c) or (d) has control even

if the registered owner in the case of subsection (c) or the entitlement holder in the case of

subsection (d) retains the right to make substitutions for the uncertificated security or security

entitlement, to originate instructions or entitlement orders to the issuer or securities intermediary,

or otherwise to deal with the uncertificated security or security entitlement.

     (g) An issuer or a securities intermediary may not enter into an agreement of the kind

described in subsection (c)(2) or (d)(2) without the consent of the registered owner or entitlement

holder, but an issuer or a securities intermediary is not required to enter into such an agreement

even though the registered owner or entitlement holder so directs. An issuer or securities

intermediary that has entered into such an agreement is not required to confirm the existence of the

agreement to another party unless requested to do so by the registered owner or entitlement holder.

     (h) A person that has control under this section is not required to acknowledge that it has

control on behalf of a purchaser.

     (i) If a person acknowledges that it has or will obtain control on behalf of a purchaser,

unless the person otherwise agrees or law other than this chapter or chapter 6A-9 of this title

otherwise provides, the person does not owe any duty to the purchaser and is not required to confirm

the acknowledgment to any other person.

 

254)

Section

Amended By Chapter Numbers:

 

6A-8-110

65 and 66

 

 

6A-8-110. Applicability — Choice of law.

     (a) The local law of the issuer’s jurisdiction, as specified in subsection (d), governs:

     (1) the validity of a security;

     (2) the rights and duties of the issuer with respect to registration of transfer;

     (3) the effectiveness of registration of transfer by the issuer;

     (4) whether the issuer owes any duties to an adverse claimant to a security; and

     (5) whether an adverse claim can be asserted against a person to whom transfer of a

certificated or uncertificated security is registered or a person who obtains control of an

uncertificated security.

     (b) The local law of the securities intermediary’s jurisdiction, as specified in subsection

(e), governs:

     (1) acquisition of a security entitlement from the securities intermediary;

     (2) the rights and duties of the securities intermediary and entitlement holder arising out of

a security entitlement;

     (3) whether the securities intermediary owes any duties to an adverse claimant to a security

entitlement; and

     (4) whether an adverse claim can be asserted against a person who acquires a security

entitlement from the securities intermediary or a person who purchases a security entitlement or

interest therein from an entitlement holder.

     (c) The local law of the jurisdiction in which a security certificate is located at the time of

delivery governs whether an adverse claim can be asserted against a person to whom the security

certificate is delivered.

     (d) “Issuer’s jurisdiction” means the jurisdiction under which the issuer of the security is

organized or, if permitted by the law of that jurisdiction, the law of another jurisdiction specified

by the issuer. An issuer organized under the law of this State may specify the law of another

jurisdiction as the law governing the matters specified in subsection (a)(2) through (5).

     (e) The following rules determine a “securities intermediary’s jurisdiction” for purposes of

this section:

     (1) If an agreement between the securities intermediary and its entitlement holder

governing the securities account expressly provides that a particular jurisdiction is the securities

intermediary’s jurisdiction for purposes of this part, this chapter, or this title, that jurisdiction is the

securities intermediary’s jurisdiction.

     (2) If paragraph (1) does not apply and an agreement between the securities intermediary

and its entitlement holder governing the securities account expressly provides that the agreement

is governed by the law of a particular jurisdiction, that jurisdiction is the securities intermediary’s

jurisdiction.

     (3) If neither paragraph (1) nor paragraph (2) applies and an agreement between the

securities intermediary and its entitlement holder governing the securities account expressly

provides that the securities account is maintained at an office in a particular jurisdiction, that

jurisdiction is the securities intermediary’s jurisdiction.

     (4) If none of the preceding paragraphs applies, the securities intermediary’s jurisdiction is

the jurisdiction in which the office identified in an account statement as the office serving the

entitlement holder’s account is located.

     (5) If none of the preceding paragraphs applies, the securities intermediary’s jurisdiction is

the jurisdiction in which the chief executive office of the securities intermediary is located.

     (f) A securities intermediary’s jurisdiction is not determined by the physical location of

certificates representing financial assets, or by the jurisdiction in which is organized the issuer of

the financial asset with respect to which an entitlement holder has a security entitlement, or by the

location of facilities for data processing or other record keeping concerning the account.

     (g) The local law of the issuer’s jurisdiction or the securities intermediary’s jurisdiction

governs a matter or transaction specified in subsectionssubsection (a) or (b) of this section even if

the matter or transaction does not bear any relation to the jurisdiction.

 

255)

Section

Amended By Chapter Numbers:

 

6A-8-303

65 and 66

 

 

6A-8-303. Protected purchaser.

     (a) “Protected purchaser” means a purchaser of a certificated or uncertificated security, or

of an interest therein, who:

     (1) gives value;

     (2) does not have notice of any adverse claim to the security; and

     (3) obtains control of the certificated or uncertificated security.

     (b) In addition to acquiring the rights of a purchaser, a A protected purchaser also acquires

its interest in the security free of any adverse claim.

 

256)

Section

Amended By Chapter Numbers:

 

6A-9-102

65 and 66

 

 

6A-9-102. Definitions.

     (a) Chapter 9 definitions. In this chapter:

     (1) “Accession” means goods that are physically united with other goods in such a manner

that the identity of the original goods is not lost.

     (2) “Account”, except as used in “account for”, "account statement", “account to",

"commodity account” in subsection (a)(14) of this section", "customer's account", "deposit

account” in subsection (a)(29) of this section", "on account of", and "statement of account", means

a right to payment of a monetary obligation, whether or not earned by performance, (i) for property

that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, (ii) for services

rendered or to be rendered, (iii) for a policy of insurance issued or to be issued, (iv) for a secondary

obligation incurred or to be incurred, (v) for energy provided or to be provided, (vi) for the use or

hire of a vessel under a charter or other contract, (vii) arising out of the use of a credit or charge

card or information contained on or for use with the card, or (viii) as winnings in a lottery or other

game of chance operated or sponsored by a State, governmental unit of a State, or person licensed

or authorized to operate the game by a State or governmental unit of a State. The term includes

controllable accounts and health-care-insurance receivables. The term does not include (i) rights to

payment evidenced by chattel paper or an instrument, (ii) commercial tort claims, (iii) deposit

accounts, (iv) investment property, (v) letter-of-credit rights or letters of credit, or (vi) rights to

payment for money or funds advanced or sold, other than rights arising out of the use of a credit or

charge card or information contained on or for use with the card, or (vii) rights to payment

evidenced by an instrument.

     (3) “Account debtor” means a person obligated on an account, chattel paper, or general

intangible. The term does not include persons obligated to pay a negotiable instrument, even if the

negotiable instrument constitutes part of evidences chattel paper.

     (4) “Accounting”, except as used in “accounting for”, means a record:

     (i) Authenticated Signed by a secured party;

     (ii) Indicating the aggregate unpaid secured obligations as of a date not more than 35 days

earlier or 35 days later than the date of the record; and

     (iii) Identifying the components of the obligations in reasonable detail.

     (5) “Agricultural lien” means an interest in farm products:

     (i) Which secures payment or performance of an obligation for:

     (A) Goods or services furnished in connection with a debtor’s farming operation; or

     (B) Rent on real property leased by a debtor in connection with its farming operation;

     (ii) Which is created by statute in favor of a person that:

     (A) In the ordinary course of its business furnished goods or services to a debtor in

connection with a debtor’s farming operation; or

     (B) Leased real property to a debtor in connection with the debtor’s farming operation; and

     (iii) Whose effectiveness does not depend on the person’s possession of the personal

property.

     (6) “As-extracted collateral” means:

     (i) Oil, gas, or other minerals that are subject to a security interest that:

     (A) Is created by a debtor having an interest in the minerals before extraction; and

     (B) Attaches to the minerals as extracted; or

     (ii) Accounts arising out of the sale at the wellhead or minehead of oil, gas, or other

minerals in which the debtor had an interest before extraction.

     (7) “Authenticate” means:

     (i) To sign; or

     (ii) With present intent to adopt or accept a record, to attach to or logically associate with

the record an electronic sound, symbol, or process. [RESERVED]

     (7.1) “Assignee” except as used in “assignee for benefit of creditors,” means a person:

     (i) In whose favor a security interest that secures an obligation is created or provided for

under a security agreement, whether or not the obligation is outstanding; or

     (ii) To which an account, chattel paper, payment intangible, or promissory note has been

sold. The term includes a person to which a security interest has been transferred by a secured party.

     (7.2) “Assignor” means a person that:

     (i) Under a security agreement creates or provides for a security interest that secures an

obligation; or

     (ii) Sells an account, chattel paper, payment intangible, or promissory note. The term

includes a secured party that has transferred a security interest to another person.

     (8) “Bank” means an organization that is engaged in the business of banking. The term

includes savings banks, savings and loan associations, credit unions, and trust companies.

     (9) “Cash proceeds” means proceeds that are money, checks, deposit accounts, or the like.

     (10) “Certificate of title” means a certificate of title with respect to which a statute provides

for the security interest in question to be indicated on the certificate as a condition or result of the

security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral.

The term includes another record maintained as an alternative to a certificate of title by the

governmental unit that issues certificates of title if a statute permits the security interest in question

to be indicated on the record as a condition or result of the security interest’s obtaining priority over

the rights of a lien creditor with respect to the collateral.

     (11) “Chattel paper” means: a record or records that evidence both a monetary obligation

and a security interest in specific goods, a security interest in specific goods and software used in

the goods, a security interest in specific goods and license of software used in the goods, a lease of

specific goods, or a lease of specific goods and license of software used in the goods. In this

paragraph, “monetary obligation” means a monetary obligation secured by the goods or owed under

a lease of the goods and includes a monetary obligation with respect to software used in the goods.

The term does not include (i) charters or other contracts involving the use or hire of a vessel or (ii)

records that evidence a right to payment arising out of the use of a credit or charge card or

information contained on or for use with the card. If a transaction is evidenced by records that

include an instrument or series of instruments, the group of records taken together constitutes

chattel paper.

     (i) A right to payment of a monetary obligation secured by specific goods, if the right to

payment and security agreement are evidenced by a record; or

     (ii) A right to payment of a monetary obligation owed by a lessee under a lease agreement

with respect to specific goods and a monetary obligation owed by the lessee in connection with the

transaction giving rise to the lease, if:

     (A) The right to payment and lease agreement are evidenced by a record; and

     (B) The predominant purpose of the transaction giving rise to the lease was to give the

lessee the right to possession and use of the goods.

     The term "chattel paper" does not include a right to payment arising out of a charter or

other contract involving the use or hire of a vessel or a right to payment arising out of the use of a

credit or charge card or information contained on or for use with the card.

     (12) “Collateral” means the property subject to a security interest or agricultural lien. The

term includes:

     (i) Proceeds to which a security interest attaches;

     (ii) Accounts, chattel paper, payment intangibles, and promissory notes that have been sold;

and

     (iii) Goods that are the subject of a consignment.

     (13) “Commercial tort claim” means a claim arising in tort with respect to which:

     (i) The claimant is an organization; or

     (ii) The claimant is an individual and the claim:

     (A) Arose in the course of the claimant’s business or profession; and

     (B) Does not include damages arising out of personal injury to or the death of an individual.

     (14) “Commodity account” means an account maintained by a commodity intermediary in

which a commodity contract is carried for a commodity customer.

     (15) “Commodity contract” means a commodity futures contract, an option on a

commodity futures contract, a commodity option, or another contract if the contract or option is:

     (i) Traded on or subject to the rules of a board of trade that has been designated as a contract

market for such a contract pursuant to federal commodities laws; or

     (ii) Traded on a foreign commodity board of trade, exchange, or market, and is carried on

the books of a commodity intermediary for a commodity customer.

     (16) “Commodity customer” means a person for which a commodity intermediary carries

a commodity contract on its books.

     (17) “Commodity intermediary” means a person that:

     (i) Is registered as a futures commission merchant under federal commodities law; or

     (ii) In the ordinary course of its business provides clearance or settlement services for a

board of trade that has been designated as a contract market pursuant to federal commodities law.

     (18) “Communicate” means:

     (i) To send a written or other tangible record;

     (ii) To transmit a record by any means agreed upon by the persons sending and receiving

the record; or

     (iii) In the case of transmission of a record to or by a filing office, to transmit a record by

any means prescribed by filing-office rule.

     (19) “Consignee” means a merchant to which goods are delivered in a consignment.

     (20) “Consignment” means a transaction, regardless of its form, in which a person delivers

goods to a merchant for the purpose of sale and:

     (i) The merchant:

     (A) Deals in goods of that kind under a name other than the name of the person making

delivery;

     (B) Is not an auctioneer; and

     (C) Is not generally known by its creditors to be substantially engaged in selling the goods

of others;

     (ii) With respect to each delivery, the aggregate value of the goods is $1,000 or more at the

time of delivery;

     (iii) The goods are not consumer goods immediately before delivery; and

     (iv) The transaction does not create a security interest that secures an obligation.

     (21) “Consignor” means a person that delivers goods to a consignee in a consignment.

     (22) “Consumer debtor” means a debtor in a consumer transaction.

     (23) “Consumer goods” means goods that are used or bought for use primarily for personal,

family, or household purposes.

     (24) “Consumer-goods transaction” means a consumer transaction in which:

     (i) An individual incurs an obligation primarily for personal, family, or household

purposes; and

     (ii) A security interest in consumer goods secures the obligation.

     (25) “Consumer obligor” means an obligor who is an individual and who incurred the

obligation as part of a transaction entered into primarily for personal, family, or household

purposes.

     (26) “Consumer transaction” means a transaction in which (i) an individual incurs an

obligation primarily for personal, family, or household purposes, (ii) a security interest secures the

obligation, and (iii) the collateral is held or acquired primarily for personal, family, or household

purposes. The term includes consumer-goods transactions.

     (27) “Continuation statement” means an amendment of a financing statement which:

     (i) Identifies, by its file number, the initial financing statement to which it relates; and

     (ii) Indicates that it is a continuation statement for, or that it is filed to continue the

effectiveness of, the identified financing statement.

     (27.1) “Controllable account” means an account evidenced by a controllable electronic

record that provides that the account debtor undertakes to pay the person that has control under §

6A-12-105 of the controllable electronic record.

     (27.2) “Controllable payment intangible” means a payment intangible evidenced by a

controllable electronic record that provides that the account debtor undertakes to pay the person

that has control under § 6A-12-105 of the controllable electronic record.

     (28) “Debtor” means:

     (i) A person having an interest, other than a security interest or other lien, in the collateral,

whether or not the person is an obligor;

     (ii) A seller of accounts, chattel paper, payment intangibles, or promissory notes; or

     (iii) A consignee.

     (29) “Deposit account” means a demand, time, savings, passbook, or similar account

maintained with a bank. The term does not include investment property or accounts evidenced by

an instrument.

     (30) “Document” means a document of title or a receipt of the type described in § 6A-7-

201(b).

     (31) “Electronic chattel paper” means chattel paper evidenced by a record or records

consisting of information stored in an electronic medium. [RESERVED]

     (31.1) “Electronic money” means money in an electronic form.

     (32) “Encumbrance” means a right, other than an ownership interest, in real property. The

term includes mortgages and other liens on real property.

     (33) “Equipment” means goods other than inventory, farm products, or consumer goods.

     (34) “Farm products” means goods, other than standing timber, with respect to which the

debtor is engaged in a farming operation and which are:

     (i) Crops grown, growing, or to be grown, including:

     (A) Crops produced on trees, vines, and bushes; and

     (B) Aquatic goods, including seaweeds, produced in aquacultural operations;

     (ii) Livestock, born or unborn, including fish, shellfish and other aquatic goods produced

in aquacultural operations;

     (iii) Supplies used or produced in a farming operation; or

     (iv) Products of crops or livestock in their unmanufactured states.

     (35) “Farming operation” means raising, cultivating, propagating, fattening, grazing, or

any other farming, livestock, or aquacultural operation.

     (36) “File number” means the number assigned to an initial financing statement pursuant

to § 6A-9-519(a).

     (37) “Filing office” means an office designated in § 6A-9-501 as the place to file a

financing statement.

     (38) “Filing-office rule” means a rule adopted pursuant to § 6A-9-526.

     (39) “Financing statement” means a record or records composed of an initial financing

statement and any filed record relating to the initial financing statement.

     (40) “Fixture filing” means the filing of a financing statement covering goods that are or

are to become fixtures and satisfying § 6A-9-502(a) and (b). The term includes the filing of a

financing statement covering goods of a transmitting utility which are or are to become fixtures.

     (41) “Fixtures” means goods that have become so related to particular real property that an

interest in them arises under real property law.

     (42) “General intangible” means any personal property, including things in action, other

than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods,

instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas, or

other minerals before extraction. The term includes controllable electronic records, payment

intangibles, and software.

     (43) “Good faith” means honesty in fact and the observance of reasonable commercial

standards of fair dealing.

     (44) “Goods” means all things that are movable when a security interest attaches. The term

includes (i) fixtures, (ii) standing timber that is to be cut and removed under a conveyance or

contract for sale, (iii) the unborn young of animals, (iv) crops grown, growing, or to be grown, even

if the crops are produced on trees, vines, or bushes, and (v) manufactured homes. The term also

includes a computer program embedded in goods and any supporting information provided in

connection with a transaction relating to the program if (i) the program is associated with the goods

in such a manner that it customarily is considered part of the goods, or (ii) by becoming the owner

of the goods, a person acquires a right to use the program in connection with the goods. The term

does not include a computer program embedded in goods that consist solely of the medium in which

the program is embedded. The term also does not include accounts, chattel paper, commercial tort

claims, deposit accounts, documents, general intangibles, instruments, investment property, letter-

of-credit rights, letters of credit, money, or oil, gas, or other minerals before extraction.

     (45) “Governmental unit” means a subdivision, agency, department, county, parish,

municipality, or other unit of the government of the United States, a State, or a foreign country.

The term includes an organization having a separate corporate existence if the organization is

eligible to issue debt on which interest is exempt from income taxation under the laws of the United

States.

     (46) “Health-care-insurance receivable” means an interest in or claim under a policy of

insurance which is a right to payment of a monetary obligation for health-care goods or services

provided or to be provided.

     (47) “Instrument” means a negotiable instrument or any other writing that evidences a right

to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type

that in ordinary course of business is transferred by delivery with any necessary indorsement or

assignment. The term does not include (i) investment property, (ii) letters of credit, or(iii) writings

that evidence a right to payment arising out of the use of a credit or charge card or information

contained on or for use with the card, or (iv) writings that evidence chattel paper.

     (48) “Inventory” means goods, other than farm products, which:

     (i) Are leased by a person as lessor;

     (ii) Are held by a person for sale or lease or to be furnished under a contract of service;

     (iii) Are furnished by a person under a contract of service; or

     (iv) Consist of raw materials, work in process, or materials used or consumed in a business.

     (49) “Investment property” means a security, whether certificated or uncertificated,

security entitlement, securities account, commodity contract, or commodity account.

     (50) “Jurisdiction of organization”, with respect to a registered organization, means the

jurisdiction under whose law the organization is formed or organized.

     (51) “Letter-of-credit right” means a right to payment or performance under a letter of

credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment

or performance. The term does not include the right of a beneficiary to demand payment or

performance under a letter of credit.

     (52) “Lien creditor” means:

     (i) A creditor that has acquired a lien on the property involved by attachment, levy, or the

like;

     (ii) An assignee for benefit of creditors from the time of assignment;

     (iii) A trustee in bankruptcy from the date of the filing of the petition; or

     (iv) A receiver in equity from the time of appointment.

     (53) “Manufactured home” means a structure, transportable in one or more sections, which,

in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or,

when erected on site, is 320 or more square feet, and which is built on a permanent chassis and

designed to be used as a dwelling with or without a permanent foundation when connected to the

required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems

contained therein. The term includes any structure that meets all of the requirements of this

paragraph except the size requirements and with respect to which the manufacturer voluntarily files

a certification required by the United States Secretary of Housing and Urban Development and

complies with the standards established under Title 42 of the United States Code.

     (54) “Manufactured-home transaction” means a secured transaction:

     (i) That creates a purchase-money security interest in a manufactured home, other than a

manufactured home held as inventory; or

     (ii) In which a manufactured home, other than a manufactured home held as inventory, is

the primary collateral.

     (54.1) “Money” has the meaning in § 6A-1-201, but does not include:

     (i) A deposit account; or

     (ii) Money in an electronic form that cannot be subjected to control under § 6A-9-105.1.

     (55) “Mortgage” means a consensual interest in real property, including fixtures, which

secures payment or performance of an obligation.

     (56) “New debtor” means a person that becomes bound as debtor under § 6A-9-203(d) by

a security agreement previously entered into by another person.

     (57) “New value” means (i) money, (ii) money’s worth in property, services, or new credit,

or (iii) release by a transferee of an interest in property previously transferred to the transferee. The

term does not include an obligation substituted for another obligation.

     (58) “Noncash proceeds” means proceeds other than cash proceeds.

     (59) “Obligor” means a person that, with respect to an obligation secured by a security

interest in or an agricultural lien on the collateral, (i) owes payment or other performance of the

obligation, (ii) has provided property other than the collateral to secure payment or other

performance of the obligation, or (iii) is otherwise accountable in whole or in part for payment or

other performance of the obligation. The term does not include issuers or nominated persons under

a letter of credit.

     (60) “Original debtor”, except as used in § 6A-9-310(c), means a person that, as debtor,

entered into a security agreement to which a new debtor has become bound under § 6A-9-203(d).

     (61) “Payment intangible” means a general intangible under which the account debtor’s

principal obligation is a monetary obligation. The term includes a controllable payment intangible.

     (62) “Person related to”, with respect to an individual, means:

     (i) The spouse of the individual;

     (ii) A brother, brother-in-law, sister, or sister-in-law of the individual;

     (iii) An ancestor or lineal descendant of the individual or the individual’s spouse; or

     (iv) Any other relative, by blood or marriage, of the individual or the individual’s spouse

who shares the same home with the individual.

     (63) “Person related to”, with respect to an organization, means:

     (i) A person directly or indirectly controlling, controlled by, or under common control with

the organization;

     (ii) An officer or director of, or a person performing similar functions with respect to, the

organization;

     (iii) An officer or director of, or a person performing similar functions with respect to, a

person described in subparagraph (i);

     (iv) The spouse of an individual described in subparagraph (i), (ii), or (iii); or

     (v) An individual who is related by blood or marriage to an individual described in

subparagraph (i), (ii), (iii), or (iv) and shares the same home with the individual.

     (64) “Proceeds”, except as used in § 6A-9-609(b), means the following property:

     (i) Whatever is acquired upon the sale, lease, license, exchange, or other disposition of

collateral;

     (ii) Whatever is collected on, or distributed on account of, collateral;

     (iii) Rights arising out of collateral;

     (iv) To the extent of the value of collateral, claims arising out of the loss, nonconformity,

or interference with the use of, defects or infringement of rights in, or damage to, the collateral; or

     (v) To the extent of the value of collateral and to the extent payable to the debtor or the

secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement

of rights in, or damage to, the collateral.

     (65) “Promissory note” means an instrument that evidences a promise to pay a monetary

obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank

that the bank has received for deposit a sum of money or funds.

     (66) “Proposal” means a record authenticated signed by a secured party which includes the

terms on which the secured party is willing to accept collateral in full or partial satisfaction of the

obligation it secures pursuant to §§ 6A-9-620, 6A-9-621, and 6A-9-622.

     (67) “Public-finance transaction” means a secured transaction in connection with which:

     (i) Debt securities are issued;

     (ii) All or a portion of the securities issued have an initial stated maturity of at least 20

years; and

     (iii) The debtor, obligor, secured party, account debtor or other person obligated on

collateral, assignor or assignee of a secured obligation, or assignor or assignee of a security interest

is a State or a governmental unit of a State.

     (68) “Public organic record” means a record that is available to the public for inspection

and is:

     (i) A record of consisting of the record initially filed with or issued by a state or the United

States to form or organize an organization and any record filed with or issued by the state of the

United States which amends or restates the initial record;

     (ii) An organic record of a business trust consisting of the record initially filed with a state

and any record filed with the state which amends or restates the initial record, if a statute of the

state governing business trusts requires that the record be filed with the state; or

     (iii) A record consisting of legislation enacted by the legislature of a state or the Congress

of the United States which forms or organizes an organization, any record amending the legislation,

and any record filed with or issued by the state or the United States which amends or restates the

name of the organization.

     (69) “Pursuant to commitment”, with respect to an advance made or other value given by

a secured party, means pursuant to the secured party’s obligation, whether or not a subsequent event

of default or other event not within the secured party’s control has relieved or may relieve the

secured party from its obligation.

     (70) “Record”, except as used in “for record”, “of record”, “record or legal title”, and

“record owner”, means information that is inscribed on a tangible medium or which is stored in an

electronic or other medium and is retrievable in perceivable form.

     (71) “Registered organization” means an organization formed or organized solely under

the law of a single State or the United States by the filing of a public organic record with, the

issuance of a public organic record by, or the enactment of legislation by the state or United States.

The term includes a business trust that is formed or organized under the law of a single state if a

statute of the state governing business trusts requires that the business trust’s organic record be

filed with the state.

     (72) “Secondary obligor” means an obligor to the extent that:

     (i) The obligor’s obligation is secondary; or

     (ii) The obligor has a right of recourse with respect to an obligation secured by collateral

against the debtor, another obligor, or property of either.

     (73) “Secured party” means:

     (i) A person in whose favor a security interest is created or provided for under a security

agreement, whether or not any obligation to be secured is outstanding;

     (ii) A person that holds an agricultural lien;

     (iii) A consignor;

     (iv) A person to which accounts, chattel paper, payment intangibles, or promissory notes

have been sold;

     (v) A trustee, indenture trustee, agent, collateral agent, or other representative in whose

favor a security interest or agricultural lien is created or provided for; or

     (vi) A person that holds a security interest arising under § 6A-2-401, § 6A-2-505, § 6A-2-

711(3), § 6A-2.1-508(5), § 6A-4-210, or § 6A-5-118.

     (74) “Security agreement” means an agreement that creates or provides for a security

interest.

     (75) “Send”, in connection with a record or notification, means:

     (i) To deposit in the mail, deliver for transmission, or transmit by any other usual means of

communication, with postage or cost of transmission provided for, addressed to any address

reasonable under the circumstances; or

     (ii) To cause the record or notification to be received within the time that it would have

been received if properly sent under subparagraph (i). [RESERVED]

     (76) “Software” means a computer program and any supporting information provided in

connection with a transaction relating to the program. The term does not include a computer

program that is included in the definition of goods.

     (77) “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.

     (78) “Supporting obligation” means a letter-of-credit right or secondary obligation that

supports the payment or performance of an account, chattel paper, a document, a general intangible,

an instrument, or investment property.

     (79) “Tangible chattel paper” means chattel paper evidenced by a record or records

consisting of information that is inscribed on a tangible medium. [RESERVED]

     (79.1) “Tangible money” means money in a tangible form.

     (80) “Termination statement” means an amendment of a financing statement which:

     (i) Identifies, by its file number, the initial financing statement to which it relates; and

     (ii) Indicates either that it is a termination statement or that the identified financing

statement is no longer effective.

     (81) “Transmitting utility” means a person primarily engaged in the business of:

     (i) Operating a railroad, subway, street railway, or trolley bus;

     (ii) Transmitting communications electrically, electromagnetically, or by light;

     (iii) Transmitting goods by pipeline or sewer; or

     (iv) Transmitting or producing and transmitting electricity, steam, gas, or water.

     (b) Definitions in other chapters. “Control” as provided in § 6A-7-106 and the following

definitions in other chapters apply to this chapter:

     “Applicant”. § 6A-5-102.

     “Beneficiary”. § 6A-5-102.

     “Broker”. § 6A-8-102.

     “Certificated security”. § 6A-8-102.

     “Check”. § 6A-3-104.

     “Clearing corporation”. § 6A-8-102.

     “Contract for sale”. § 6A-2-106.

     “Controllable electronic record” § 6A-12-102.

     “Customer”. § 6A-4-104.

     “Entitlement holder”. § 6A-8-102.

     “Financial asset”. § 6A-8-102.

     “Holder in due course”. § 6A-3-302.

     “Issuer” (with respect to a letter of credit or letter-of-credit right). § 6A-5-102.

     “Issuer” (with respect to a security). § 6A-8-201.

     “Issuer” (with respect to documents of title). § 6A-7-102.

     “Lease”. § 6A-2.1-103.

     “Lease agreement”. § 6A-2.1-103.

     “Lease contract”. § 6A-2.1-103.

     “Leasehold interest”. § 6A-2.1-103.

     “Lessee”. § 6A-2.1-103.

     “Lessee in ordinary course of business”. § 6A-2.1-103.

     “Lessor”. § 6A-2.1-103.

     “Lessor’s residual interest”. § 6A-2.1-103.

     “Letter of credit”. § 6A-5-102.

     “Merchant”. § 6A-2-104.

     “Negotiable instrument”. § 6A-3-104.

     “Nominated person”. § 6A-5-102.

     “Note”. § 6A-3-104.

     “Proceeds of a letter of credit”. § 6A-5-114.

     “Protected purchaser” § 6A-8-303.

     “Prove”. § 6A-3-103.

     “Qualifying purchaser” § 6A-12-102.

     “Sale”. § 6A-2-106.

     “Securities account”. § 6A-8-501.

     “Securities intermediary”. § 6A-8-102.

     “Security”. § 6A-8-102.

     “Security certificate”. § 6A-8-102.

     “Security entitlement”. § 6A-8-102.

     “Uncertificated security”. § 6A-8-102.

     (c) Chapter 1 definitions and principles. Chapter 1 of this title contains general

definitions and principles of construction and interpretation applicable throughout this chapter.

 

257)

Section

Amended By Chapter Numbers:

 

6A-9-104

65 and 66

 

 

6A-9-104. Control of deposit account.

     (a) Requirements for control. A secured party has control of a deposit account if:

     (1) the secured party is the bank with which the deposit account is maintained;

     (2) the debtor, secured party, and bank have agreed in an authenticateda signed record that

the bank will comply with instructions originated by the secured party directing disposition of the

funds in the deposit account without further consent by the debtor; or

     (3) the secured party becomes the bank’s customer with respect to the deposit account; or

     (4) Another person, other than the debtor:

     (i) Has control of the deposit account and acknowledges that it has control on behalf of the

secured party; or

     (ii) Obtains control of the deposit account after having acknowledged that it will obtain

control of the deposit account on behalf of the secured party.

     (b) Debtor’s right to direct disposition. A secured party that has satisfied subsection (a) has

control, even if the debtor retains the right to direct the disposition of funds from the deposit

account.

 

 

 

 

 

258)

Section

Amended By Chapter Numbers:

 

6A-9-105

65 and 66

 

 

6A-9-105.  Control of electronic copy of record evidencing chattel paper.

     (a) General rule: control of electronic chattel paper. A secured party has control of an

electronic chattel paper if a system employed for evidencing the transfer of interests in the chattel

paper reliably establishes the secured party as the person to which the chattel paper was assigned.

electronic copy of record evidencing chattel paper. A purchaser has control of an authoritative

electronic copy of a record evidencing chattel paper if a system employed for evidencing the

assignment of interests in the chattel paper reliably establishes the purchaser as the person to which

the authoritative electronic copy was assigned.

     (b) Specific facts giving control. A system satisfies subsection (a) if the record or records

comprising the chattel paper are created, stored, and assigned in such a manner that:

     (1) A single authoritative copy of the record or records exists which is unique, identifiable

and, except as otherwise provided in paragraphs (4), (5), and (6), unalterable;

     (2) The authoritative copy identifies the secured party as the assignee of the record or

records;

     (3) The authoritative copy is communicated to and maintained by the secured party or its

designated custodian;

     (4) Copies or amendments that add or change an identified assignee of the authoritative

copy can be made only with the consent of the secured party;

     (5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a

copy that is not the authoritative copy; and

     (6) Any amendment of the authoritative copy is readily identifiable as authorized or

unauthorized.

     (b) Single authoritative copy. A system satisfies subsection (a) of this section if the record

or records evidencing the chattel paper are created, stored, and assigned in a manner that:

     (1) A single authoritative copy of the record or records exists which is unique, identifiable,

and, except as otherwise provided in subsections (b)(4), (b)(5), and (b)(6), of this section,

unalterable;

     (2) The authoritative copy identifies the purchaser as the assignee of the record or records;

     (3) The authoritative copy is communicated to and maintained by the purchaser or its

designated custodian;

     (4) Copies or amendments that add or change an identified assignee of the authoritative

copy can be made only with the consent of the purchaser;

     (5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a

copy that is not the authoritative copy; and

     (6) Any amendment of the authoritative copy is readily identifiable as authorized or

unauthorized.

     (c) One or more authoritative copies. A system satisfies subsection (a) of this section, and

a purchaser has control of an authoritative electronic copy of a record evidencing chattel paper, if

the electronic copy, a record attached to or logically associated with the electronic copy, or a system

in which the electronic copy is recorded:

     (1) Enables the purchaser readily to identify each electronic copy as either an authoritative

copy or a nonauthoritative copy;

     (2) Enables the purchaser readily to identify itself in any way, including by name,

identifying number, cryptographic key, office, or account number, as the assignee of the

authoritative electronic copy; and

     (3) Gives the purchaser exclusive power, subject to subsection (d) of this section, to:

     (i) Prevent others from adding or changing an identified assignee of the authoritative

electronic copy; and

     (ii) Transfer control of the authoritative electronic copy.

     (d) Meaning of exclusive. Subject to subsection (e) of this section, a power is exclusive

under subsections (c)(3)(i) and (ii) of this section even if:

     (1) The authoritative electronic copy, a record attached to or logically associated with the

authoritative electronic copy, or a system in which the authoritative electronic copy is recorded

limits the use of the authoritative electronic copy or has a protocol programmed to cause a change,

including a transfer or loss of control; or

     (2) The power is shared with another person.

     (e) When power not shared with another person. A power of a purchaser is not shared with

another person under subsection (d)(2) of this section and the purchaser’s power is not exclusive

if:

     (1) The purchaser can exercise the power only if the power also is exercised by the other

person; and

     (2) The other person:

     (i) Can exercise the power without exercise of the power by the purchaser; or

     (ii) Is the transferor to the purchaser of an interest in the chattel paper.

     (f) Presumption of exclusivity of certain powers. If a purchaser has the powers specified in

subsections (c)(3)(i) and (ii) of this section, the powers are presumed to be exclusive.

     (g) Obtaining control through another person. A purchaser has control of an authoritative

electronic copy of a record evidencing chattel paper if another person, other than the transferor to

the purchaser of an interest in the chattel paper:

     (1) Has control of the authoritative electronic copy and acknowledges that it has control on

behalf of the purchaser; or

     (2) Obtains control of the authoritative electronic copy after having acknowledged that it

will obtain control of the electronic copy on behalf of the purchaser.

 

259)

Section

Added By Chapter Numbers:

 

6A-9-105.1

65 and 66

 

 

6A-9-105.1. Control of electronic money.

     (a) General rule: control of electronic money. A person has control of electronic money if:

     (1) The electronic money, a record attached to or logically associated with the electronic

money, or a system in which the electronic money is recorded gives the person:

     (i) Power to avail itself of substantially all the benefit from the electronic money; and

     (ii) Exclusive power, subject to subsection (b) of this section, to:

     (A) Prevent others from availing themselves of substantially all the benefit from the

electronic money; and

     (B) Transfer control of the electronic money to another person or cause another person to

obtain control of other electronic money as a result of the transfer of the electronic money; and

     (2) The electronic money, a record attached to or logically associated with the electronic

money, or a system in which the electronic money is recorded enables the person readily to identify

itself in any way, including by name, identifying number, cryptographic key, office, or account

number, as having the powers under subsection (a)(1) of this section.

     (b) Meaning of exclusive. Subject to subsection (c) of this section, a power is exclusive

under subsections (a)(1)(ii)(A) and (B) of this section even if:

     (1) The electronic money, a record attached to or logically associated with the electronic

money, or a system in which the electronic money is recorded limits the use of the electronic money

or has a protocol programmed to cause a change, including a transfer or loss of control; or

     (2) The power is shared with another person.

     (c) When power not shared with another person. A power of a person is not shared with

another person under subsection (b)(2) of this section and the person’s power is not exclusive if:

     (1) The person can exercise the power only if the power also is exercised by the other

person; and

     (2) The other person:

     (i) Can exercise the power without exercise of the power by the person; or

     (ii) Is the transferor to the person of an interest in the electronic money.

     (d) Presumption of exclusivity of certain powers. If a person has the powers specified in

subsections (a)(1)(ii)(A) and (B) of this section, the powers are presumed to be exclusive.

     (e) Control through another person. A person has control of electronic money if another

person, other than the transferor to the person of an interest in the electronic money:

     (1) Has control of the electronic money and acknowledges that it has control on behalf of

the person; or

     (2) Obtains control of the electronic money after having acknowledged that it will obtain

control of the electronic money on behalf of the person.

 

260)

Section

Added By Chapter Numbers:

 

6A-9-107.1

65 and 66

 

 

6A-9-107.1. Control of controllable electronic record, controllable account, or

controllable payment intangible.

     (a) Control under § 6A-12-105. A secured party has control of a controllable electronic

record as provided in § 6A-12-105.

     (b) Control of controllable account and controllable payment intangible. A secured party

has control of a controllable account or controllable payment intangible if the secured party has

control of the controllable electronic record that evidences the controllable account or controllable

payment intangible.

 

261)

Section

Added By Chapter Numbers:

 

6A-9-107.2

65 and 66

 

 

6A-9-107.2. No requirement to acknowledge or confirm; No duties.

     (a) No requirement to acknowledge. A person that has control under §§ 6A-9-104, § 6A-

9-105, or § 6A-9-105.1 is not required to acknowledge that it has control on behalf of another

person.

     (b) No duties or confirmation. If a person acknowledges that it has or will obtain control

on behalf of another person, unless the person otherwise agrees or law other than this chapter

otherwise provides, the person does not owe any duty to the other person and is not required to

confirm the acknowledgment to any other person.

 

262)

Section

Amended By Chapter Numbers:

 

6A-9-203

65 and 66

 

 

6A-9-203. Attachment and enforceability of security interest; proceeds; supporting

obligations; formal requisites.

     (a) Attachment. A security interest attaches to collateral when it becomes enforceable

against the debtor with respect to the collateral, unless an agreement expressly postpones the time

of attachment.

     (b) Enforceability. Except as otherwise provided in subsections (c) through (i), a security

interest is enforceable against the debtor and third parties with respect to the collateral only if:

     (1) Value has been given;

     (2) The debtor has rights in the collateral or the power to transfer rights in the collateral to

a secured party; and

     (3) One of the following conditions is met:

     (i) The debtor has authenticated signed a security agreement that provides a description of

the collateral and, if the security interest covers timber to be cut, a description of the land concerned;

     (ii) The collateral is not a certificated security and is in the possession of the secured party

under § 6A-9-313 pursuant to the debtor’s security agreement;

     (iii) The collateral is a certificated security in registered form and the security certificate

has been delivered to the secured party under § 6A-8-301 pursuant to the debtor’s security

agreement; or

     (iv) The collateral is controllable accounts, controllable electronic records, controllable

payment intangibles, deposit accounts, electronic chattel paper documents, electronic money,

investment property, or letter-of-credit rights, or electronic documents, and the secured party has

control under §§ 6A-7-106, § 6A-9-104, § 6A-9-105, § 6A-9-105.1, § 6A-9-106, or § 6A-9-107, or

§ 6A-9-107.1 pursuant to the debtor’s security agreement; or

     (v) The collateral is chattel paper and the secured party has possession and control under §

6A-9-314.1 pursuant to the debtor’s security agreement.

     (c) Other UCC provisions. Subsection (b) is subject to § 6A-4-210 on the security interest

of a collecting bank, § 6A-5-118 on the security interest of a letter-of-credit issuer or nominated

person, § 6A-9-110 on a security interest arising under chapter 2 or 2.1, and § 6A-9-206 on security

interests in investment property.

     (d) When person becomes bound by another person’s security agreement. A person

becomes bound as debtor by a security agreement entered into by another person if, by operation

of law other than this chapter or by contract:

     (1) The security agreement becomes effective to create a security interest in the person’s

property; or

     (2) The person becomes generally obligated for the obligations of the other person,

including the obligation secured under the security agreement, and acquires or succeeds to all or

substantially all of the assets of the other person.

     (e) Effect of new debtor becoming bound. If a new debtor becomes bound as debtor by a

security agreement entered into by another person:

     (1) The agreement satisfies subsection (b)(3) with respect to existing or after-acquired

property of the new debtor to the extent the property is described in the agreement; and

     (2) Another agreement is not necessary to make a security interest in the property

enforceable.

     (f) Proceeds and supporting obligations. The attachment of a security interest in collateral

gives the secured party the rights to proceeds provided by § 6A-9-315 and is also attachment of a

security interest in a supporting obligation for the collateral.

     (g) Lien securing right to payment. The attachment of a security interest in a right to

payment or performance secured by a security interest or other lien on personal or real property is

also attachment of a security interest in the security interest, mortgage, or other lien.

     (h) Security entitlement carried in securities account. The attachment of a security interest

in a securities account is also attachment of a security interest in the security entitlements carried

in the securities account.

     (i) Commodity contracts carried in commodity account. The attachment of a security

interest in a commodity account is also attachment of a security interest in the commodity contracts

carried in the commodity account.

 

263)

Section

Amended By Chapter Numbers:

 

6A-9-204

65 and 66

 

 

6A-9-204. After-acquired property; future advances.

     (a) After-acquired collateral. Except as otherwise provided in subsection (b), a security

agreement may create or provide for a security interest in after-acquired collateral.

     (b) When after-acquired property clause not effective. A Subject to subsection (c)(1) of

this section, a security interest does not attach under a term constituting an after-acquired property

clause to:

     (1) Consumer goods, other than an accession when given as additional security, unless the

debtor acquires rights in them within 10 days after the secured party gives value; or

     (2) A commercial tort claim.

     (c) Limitation on subsection (b) of this section. Subsection (b) of this section does not

prevent a security interest from attaching:

     (1) To consumer goods as proceeds under § 6A-9-315(a) or commingled goods under §

6A-9-336(c);

     (2) To a commercial tort claim as proceeds under § 6A-9-315(a); or

     (3) Under an after-acquired property clause to property that is proceeds of consumer goods

or a commercial tort claim.

     (c)(d) Future advances and other value. A security agreement may provide that collateral

secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in

connection with, future advances or other value, whether or not the advances or value are given

pursuant to commitment.

 

264)

Section

Amended By Chapter Numbers:

 

6A-9-207

65 and 66

 

 

6A-9-207. Rights and duties of secured party having possession or control of

collateral.

     (a) Duty of care when secured party in possession. Except as otherwise provided in

subsection (d), a secured party shall use reasonable care in the custody and preservation of collateral

in the secured party’s possession. In the case of chattel paper or an instrument, reasonable care

includes taking necessary steps to preserve rights against prior parties unless otherwise agreed.

     (b) Expenses, risks, duties, and rights when secured party in possession. Except as

otherwise provided in subsection (d), if a secured party has possession of collateral:

     (1) Reasonable expenses, including the cost of insurance and payment of taxes or other

charges, incurred in the custody, preservation, use, or operation of the collateral are chargeable to

the debtor and are secured by the collateral;

     (2) The risk of accidental loss or damage is on the debtor to the extent of a deficiency in

any effective insurance coverage;

     (3) The secured party shall keep the collateral identifiable, but fungible collateral may be

commingled; and

     (4) The secured party may use or operate the collateral:

     (i) For the purpose of preserving the collateral or its value;

     (ii) As permitted by an order of a court having competent jurisdiction; or

     (iii) Except in the case of consumer goods, in the manner and to the extent agreed by the

debtor.

     (c) Duties and rights when secured party in possession or control. Except as otherwise

provided in subsection (d), a secured party having possession of collateral or control of collateral

under §§ 6A-7-106, § 6A-9-104, § 6A-9-105, § 6A-9-105.1, § 6A-9-106, or § 6A-9-107, or § 6A-

9-107.1:

     (1) May hold as additional security any proceeds, except money or funds, received from

the collateral;

     (2) Shall apply money or funds received from the collateral to reduce the secured

obligation, unless remitted to the debtor; and

     (3) May create a security interest in the collateral.

     (d) Buyer of certain rights to payment. If the secured party is a buyer of accounts, chattel

paper, payment intangibles, or promissory notes or a consignor:

     (1) Subsection (a) does not apply unless the secured party is entitled under an agreement:

     (i) To charge back uncollected collateral; or

     (ii) Otherwise to full or limited recourse against the debtor or a secondary obligor based on

the nonpayment or other default of an account debtor or other obligor on the collateral; and

     (2) Subsections (b) and (c) do not apply.

 

265)

Section

Amended By Chapter Numbers:

 

6A-9-208

65 and 66

 

 

6A-9-208. Additional duties of secured party having control of collateral.

     (a) Applicability of section. This section applies to cases in which there is no outstanding

secured obligation and the secured party is not committed to make advances, incur obligations, or

otherwise give value.

     (b) Duties of secured party after receiving demand from debtor. Within 10 days after

receiving an authenticated a signed demand by the debtor:

     (1) A secured party having control of a deposit account under § 6A-9-104(a)(2) shall send

to the bank with which the deposit account is maintained an authenticated statement a signed record

that releases the bank from any further obligation to comply with instructions originated by the

secured party;

     (2) A secured party having control of a deposit account under § 6A-9-104(a)(3) shall:

     (i) Pay the debtor the balance on deposit in the deposit account; or

     (ii) Transfer the balance on deposit into a deposit account in the debtor’s name;

     (3) A secured party, other than a buyer, having control of electronic chattel paper under §

6A-9-105 shall:

     (i) Communicate the authoritative copy of the electronic chattel paper to the debtor or its

designated custodian;

     (ii) If the debtor designates a custodian that is the designated custodian with which the

authoritative copy of the electronic chattel paper is maintained for the secured party, communicate

to the custodian an authenticated record releasing the designated custodian from any further

obligation to comply with instructions originated by the secured party and instructing the custodian

to comply with instructions originated by the debtor; and

     (iii) Take appropriate action to enable the debtor or its designated custodian to make copies

of or revisions to the authoritative copy which add or change an identified assignee of the

authoritative copy without the consent of the secured party; A secured party, other than a buyer,

having control of electronic chattel paper under § 6A-9-105 of an authoritative electronic copy of

a record evidencing chattel paper shall transfer control of the electronic copy to the debtor or a

person designated by the debtor;

     (4) A secured party having control of investment property under § 6A-8-106(d)(2) or § 6A-

9-106(b) shall send to the securities intermediary or commodity intermediary with which the

security entitlement or commodity contract is maintained an authenticated a signed record that

releases the securities intermediary or commodity intermediary from any further obligation to

comply with entitlement orders or directions originated by the secured party;

     (5) A secured party having control of a letter-of-credit right under § 6A-9-107 shall send

to each person having an unfulfilled obligation to pay or deliver proceeds of the letter of credit to

the secured party an authenticated a signed release from any further obligation to pay or deliver

proceeds of the letter of credit to the secured party; and

     (6) A secured party having control of an electronic document shall:

     (a) Give control of the electronic document to the debtor or its designated custodian;

     (b) If the debtor designates a custodian that is the designated custodian with which the

authoritative copy of the electronic document is maintaining for the secured party, communicate to

the custodian an authenticated record releasing the designated custodian from any further obligation

to comply with instructions originated by the secured party and instructing the custodian to comply

with instructions originated by the debtor; and

     (c) Take appropriate action to enable the debtor or its designated custodian to make copies

of or revisions to the authoritative copy which add or change an identified assignee of the

authoritative copy without the consent of the secured party. A secured party having control under

§ 6A-7-106 of an authoritative electronic copy of an electronic document of title shall transfer

control of the electronic copy to the debtor or a person designated by the debtor;

     (7) A secured party having control under § 6A-9-105.1 of electronic money shall transfer

control of the electronic money to the debtor or a person designated by the debtor; and

     (8) A secured party having control under § 6A-12-105 of a controllable electronic record,

other than a buyer of a controllable account or controllable payment intangible evidenced by the

controllable electronic record, shall transfer control of the controllable electronic record to the

debtor or a person designated by the debtor.

 

266)

Section

Amended By Chapter Numbers:

 

6A-9-209

65 and 66

 

 

6A-9-209. Duties of secured party if account debtor has been notified of assignment.

     (a) Applicability of section. Except as otherwise provided in subsection (c), this section

applies if:

     (1) There is no outstanding secured obligation; and

     (2) The secured party is not committed to make advances, incur obligations, or otherwise

give value.

     (b) Duties of secured party after receiving demand from debtor. Within 10 days after

receiving an authenticated a signed demand by the debtor, a secured party shall send to an account

debtor that has received notification under §§ 6A-9-406(a) or § 6A-12-106(b) of an assignment to

the secured party as assignee under § 6A-9-406(a) an authenticated a signed record that releases

the account debtor from any further obligation to the secured party.

     (c) Inapplicability to sales. This section does not apply to an assignment constituting the

sale of an account, chattel paper, or payment intangible.

 

267)

Section

Amended By Chapter Numbers:

 

6A-9-210

65 and 66

 

 

6A-9-210. Request for accounting; request regarding list of collateral or statement of

account.

     (a) Definitions. In this section:

     (1) “Request” means a record of a type described in paragraph (2), (3), or (4).

     (2) “Request for an accounting” means a record authenticated signed by a debtor requesting

that the recipient provide an accounting of the unpaid obligations secured by collateral and

reasonably identifying the transaction or relationship that is the subject of the request.

     (3) “Request regarding a list of collateral” means a record authenticated signed by a debtor

requesting that the recipient approve or correct a list of what the debtor believes to be the collateral

securing an obligation and reasonably identifying the transaction or relationship that is the subject

of the request.

     (4) “Request regarding a statement of account” means a record authenticated signed by a

debtor requesting that the recipient approve or correct a statement indicating what the debtor

believes to be the aggregate amount of unpaid obligations secured by collateral as of a specified

date and reasonably identifying the transaction or relationship that is the subject of the request.

     (b) Duty to respond to requests. Subject to subsections (c), (d), (e), and (f), a secured party,

other than a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a

consignor, shall comply with a request within 14 days after receipt:

     (1) In the case of a request for an accounting, by authenticating signing and sending to the

debtor an accounting; and

     (2) In the case of a request regarding a list of collateral or a request regarding a statement

of account, by authenticating signing and sending to the debtor an approval or correction.

     (c) Request regarding list of collateral; statement concerning type of collateral. A secured

party that claims a security interest in all of a particular type of collateral owned by the debtor may

comply with a request regarding a list of collateral by sending to the debtor an authenticated a

signed record including a statement to that effect within 14 days after receipt.

     (d) Request regarding list of collateral; no interest claimed. A person that receives a request

regarding a list of collateral, claims no interest in the collateral when it receives the request, and

claimed an interest in the collateral at an earlier time shall comply with the request within 14 days

after receipt by sending to the debtor an authenticated a signed record:

     (1) Disclaiming any interest in the collateral; and

     (2) If known to the recipient, providing the name and mailing address of any assignee of

or successor to the recipient’s interest in the collateral.

     (e) Request for accounting or regarding statement of account; no interest in obligation

claimed. A person that receives a request for an accounting or a request regarding a statement of

account, claims no interest in the obligations when it receives the request, and claimed an interest

in the obligations at an earlier time shall comply with the request within 14 days after receipt by

sending to the debtor an authenticated a signed record:

     (1) Disclaiming any interest in the obligations; and

     (2) If known to the recipient, providing the name and mailing address of any assignee of

or successor to the recipient’s interest in the obligations.

     (f) Charges for responses. A debtor is entitled without charge to one response to a request

under this section during any six-month period. The secured party may require payment of a charge

not exceeding $ 25 for each additional response.

 

268)

Section

Amended By Chapter Numbers:

 

6A-9-301

65 and 66

 

 

6A-9-301. Law governing perfection and priority of security interests.

     Except as otherwise provided in §§ 6A-9-303 through 6A-9-306 6A-9-306.2, the following

rules determine the law governing perfection, the effect of perfection or nonperfection, and the

priority of a security interest in collateral:

     (1) Except as otherwise provided in this section, while a debtor is located in a jurisdiction,

the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and

the priority of a security interest in collateral.

     (2) While collateral is located in a jurisdiction, the local law of that jurisdiction governs

perfection, the effect of perfection or nonperfection, and the priority of a possessory security

interest in that collateral.

     (3) Except as otherwise provided in paragraph (4), while tangiblenegotiable tangible

documents, goods, instruments, money, or tangible chattel paper or tangible money is located in a

jurisdiction, the local law of that jurisdiction governs:

     (i) Perfection of a security interest in the goods by filing a fixture filing;

     (ii) Perfection of a security interest in timber to be cut; and

     (iii) The effect of perfection or nonperfection and the priority of a nonpossessory security

interest in the collateral.

     (4) The local law of the jurisdiction in which the wellhead or minehead is located governs

perfection, the effect of perfection or nonperfection, and the priority of a security interest in as-

extracted collateral.

 

269)

Section

Amended By Chapter Numbers:

 

6A-9-304

65 and 66

 

 

6A-9-304. Law governing perfection and priority of security interests in deposit

accounts.

     (a) Law of bank’s jurisdiction governs. The local law of a bank’s jurisdiction governs

perfection, the effect of perfection or nonperfection, and the priority of a security interest in a

deposit account maintained with that bank even if the transaction does not bear any relation to the

bank's jurisdiction.

     (b) Bank’s jurisdiction. The following rules determine a bank’s jurisdiction for purposes

of this part:

     (1) If an agreement between the bank and its customer governing the deposit account

expressly provides that a particular jurisdiction is the bank’s jurisdiction for purposes of this part,

this chapter, or the Uniform Commercial Code, that jurisdiction is the bank’s jurisdiction.

     (2) If paragraph (1) does not apply and an agreement between the bank and its customer

governing the deposit account expressly provides that the agreement is governed by the law of a

particular jurisdiction, that jurisdiction is the bank’s jurisdiction.

     (3) If neither paragraph (1) nor paragraph (2) applies and an agreement between the bank

and its customer governing the deposit account expressly provides that the deposit account is

maintained at an office in a particular jurisdiction, that jurisdiction is the bank’s jurisdiction.

     (4) If none of the preceding paragraphs applies, the bank’s jurisdiction is the jurisdiction

in which the office identified in an account statement as the office serving the customer’s account

is located.

     (5) If none of the preceding paragraphs applies, the bank’s jurisdiction is the jurisdiction

in which the chief executive office of the bank is located.

 

270)

Section

Amended By Chapter Numbers:

 

6A-9-305

65 and 66

 

 

6A-9-305. Law governing perfection and priority of security interests in investment

property.

     (a) Governing law: general rules. Except as otherwise provided in subsection (c), the

following rules apply:

     (1) While a security certificate is located in a jurisdiction, the local law of that jurisdiction

governs perfection, the effect of perfection or nonperfection, and the priority of a security interest

in the certificated security represented thereby.

     (2) The local law of the issuer’s jurisdiction as specified in § 6A-8-110(d) governs

perfection, the effect of perfection or nonperfection, and the priority of a security interest in an

uncertificated security.

     (3) The local law of the securities intermediary’s jurisdiction as specified in § 6A-8-110(e)

governs perfection, the effect of perfection or nonperfection, and the priority of a security interest

in a security entitlement or securities account.

     (4) The local law of the commodity intermediary’s jurisdiction governs perfection, the

effect of perfection or nonperfection, and the priority of a security interest in a commodity contract

or commodity account.

     (5) Subsections (a)(2), (a)(3), and (a)(4) of this section apply even if the transaction does

not bear any relation to the jurisdiction.

     (b) Commodity intermediary’s jurisdiction. The following rules determine a commodity

intermediary’s jurisdiction for purposes of this part:

     (1) If an agreement between the commodity intermediary and commodity customer

governing the commodity account expressly provides that a particular jurisdiction is the commodity

intermediary’s jurisdiction for purposes of this part, this chapter, or the Uniform Commercial Code,

that jurisdiction is the commodity intermediary’s jurisdiction.

     (2) If paragraph (1) does not apply and an agreement between the commodity intermediary

and commodity customer governing the commodity account expressly provides that the agreement

is governed by the law of a particular jurisdiction, that jurisdiction is the commodity intermediary’s

jurisdiction.

     (3) If neither paragraph (1) nor paragraph (2) applies and an agreement between the

commodity intermediary and commodity customer governing the commodity account expressly

provides that the commodity account is maintained at an office in a particular jurisdiction, that

jurisdiction is the commodity intermediary’s jurisdiction.

     (4) If none of the preceding paragraphs applies, the commodity intermediary’s jurisdiction

is the jurisdiction in which the office identified in an account statement as the office serving the

commodity customer’s account is located.

     (5) If none of the preceding paragraphs applies, the commodity intermediary’s jurisdiction

is the jurisdiction in which the chief executive office of the commodity intermediary is located.

     (c) When perfection governed by law of jurisdiction where debtor located. The local law

of the jurisdiction in which the debtor is located governs:

     (1) Perfection of a security interest in investment property by filing;

     (2) Automatic perfection of a security interest in investment property created by a broker

or securities intermediary; and

     (3) Automatic perfection of a security interest in a commodity contract or commodity

account created by a commodity intermediary.

 

271)

Section

Added By Chapter Numbers:

 

6A-9-306.1

65 and 66

 

 

6A-9-306.1. Law governing perfection and priority of security interests in chattel

paper.

     (a) Chattel paper evidenced by authoritative electronic copy. Except as provided in

subsection (d) of this section, if chattel paper is evidenced only by an authoritative electronic copy

of the chattel paper or is evidenced by an authoritative electronic copy and an authoritative tangible

copy, the local law of the chattel paper’s jurisdiction governs perfection, the effect of perfection or

nonperfection, and the priority of a security interest in the chattel paper, even if the transaction does

not bear any relation to the chattel paper’s jurisdiction.

     (b) Chattel paper’s jurisdiction. The following rules determine the chattel paper’s

jurisdiction under this section:

     (1) If the authoritative electronic copy of the record evidencing chattel paper, or a record

attached to or logically associated with the electronic copy and readily available for review,

expressly provides that a particular jurisdiction is the chattel paper’s jurisdiction for purposes of

this part, this chapter, or this title, that jurisdiction is the chattel paper’s jurisdiction.

     (2) If subsection (b)(1) of this section does not apply and the rules of the system in which

the authoritative electronic copy is recorded are readily available for review and expressly provide

that a particular jurisdiction is the chattel paper’s jurisdiction for purposes of this part, this chapter,

or this title, that jurisdiction is the chattel paper’s jurisdiction.

     (3) If subsectionsubsections (b)(1) and (b)(2) of this section do not apply and the

authoritative electronic copy, or a record attached to or logically associated with the electronic copy

and readily available for review, expressly provides that the chattel paper is governed by the law

of a particular jurisdiction, that jurisdiction is the chattel paper’s jurisdiction.

     (4) If subsections (b)(1), (b)(2), and (b)(3) of this section do not apply and the rules of the

system in which the authoritative electronic copy is recorded are readily available for review and

expressly provide that the chattel paper or the system is governed by the law of a particular

jurisdiction, that jurisdiction is the chattel paper’s jurisdiction.

     (5) If subsections (b)(1) through (b)(4) of this section do not apply, the chattel paper’s

jurisdiction is the jurisdiction in which the debtor is located.

     (c) Chattel paper evidenced by authoritative tangible copy. If an authoritative tangible copy

of a record evidences chattel paper and the chattel paper is not evidenced by an authoritative

electronic copy, while the authoritative tangible copy of the record evidencing chattel paper is

located in a jurisdiction, the local law of that jurisdiction governs:

     (1) Perfection of a security interest in the chattel paper by possession under § 6A-9-314.1;

and

     (2) The effect of perfection or nonperfection and the priority of a security interest in the

chattel paper.

     (d) When perfection governed by law of jurisdiction where debtor located. The local law

of the jurisdiction in which the debtor is located governs perfection of a security interest in chattel

paper by filing.

 

272)

Section

Added By Chapter Numbers:

 

6A-9-306.2

65 and 66

 

 

6A-9-306.2. Law governing perfection and priority of security interests in controllable

accounts, controllable electronic records, and controllable payment intangibles.

     (a) Governing law: general rules. Except as provided in subsection (b) of this section, the

local law of the controllable electronic record’s jurisdiction specified in § 6A-12-107(c) and (d)

governs perfection, the effect of perfection or nonperfection, and the priority of a security interest

in a controllable electronic record and a security interest in a controllable account or controllable

payment intangible evidenced by the controllable electronic record.

     (b) When perfection governed by law of jurisdiction where debtor located. The local law

of the jurisdiction in which the debtor is located governs:

     (1) Perfection of a security interest in a controllable account, controllable electronic record,

or controllable payment intangible by filing; and

     (2) Automatic perfection of a security interest in a controllable payment intangible created

by a sale of the controllable payment intangible.

 

273)

Section

Amended By Chapter Numbers:

 

6A-9-310

65 and 66

 

 

6A-9-310. When filing required to perfect security interest or agricultural lien;

security interests and agricultural liens to which filing provisions do not apply.

     (a) General rule: perfection by filing. Except as otherwise provided in subsection (b) and §

6A-9-312(b), a financing statement must be filed to perfect all security interests and agricultural

liens.

     (b) Exceptions: filing not necessary. The filing of a financing statement is not necessary to

perfect a security interest:

     (1) That is perfected under § 6A-9-308(d), (e), (f), or (g);

     (2) That is perfected under § 6A-9-309 when it attaches;

     (3) In property subject to a statute, regulation, or treaty described in § 6A-9-311(a);

     (4) In goods in possession of a bailee which is perfected under § 6A-9-312(d)(1) or (2);

     (5) In certificated securities, documents, goods, or instruments which is perfected without

filing, control or possession under § 6A-9-312(e), (f), or (g);

     (6) In collateral in the secured party’s possession under § 6A-9-313;

     (7) In a certificated security which is perfected by delivery of the security certificate to the

secured party under § 6A-9-313;

     (8) In controllable accounts, controllable electronic records, controllable payment

intangibles, deposit accounts, electronic chattel paper, electronic documents, investment property,

or letter-of-credit rights which is perfected by control under § 6A-9-314;

     (9) In chattel paper which is perfected by possession and control under § 6A-9-314.1;

     (9)(10) In proceeds which is perfected under § 6A-9-315; or

     (10)(11) That is perfected under § 6A-9-316.

     (c) Assignment of perfected security interest. If a secured party assigns a perfected security

interest or agricultural lien, a filing under this chapter is not required to continue the perfected status

of the security interest against creditors of and transferees from the original debtor.

 

274)

Section

Amended By Chapter Numbers:

 

6A-9-312

65 and 66

 

 

6A-9-312. Perfection of security interests in chattel paper, controllable accounts,

controllable electronic records, controllable payment intangibles, deposit accounts,

negotiable documents, goods covered by documents, instruments, investment property,

letter-of-credit rights, and money; perfection by permissive filing; temporary perfection

without filing or transfer of possession.

     (a) Perfection by filing permitted. A security interest in chattel paper, negotiable

documents, controllable accounts, controllable electronic records, controllable payment

intangibles, instruments, or investment property, or negotiable documents may be perfected by

filing.

     (b) Control or possession of certain collateral. Except as otherwise provided in § 6A-9-

315(c) and (d) for proceeds:

     (1) A security interest in a deposit account may be perfected only by control under § 6A-

9-314;

     (2) And exceptExcept as otherwise provided in § 6A-9-308(d), a security interest in a

letter-of-credit right may be perfected only by control under § 6A-9-314; and

     (3) A security interest in tangible money may be perfected only by the secured party’s

taking possession under § 6A-9-313; and

     (4) A security interest in electronic money may be perfected only by control under § 6A-

9-314.

     (c) Goods covered by negotiable document. While goods are in the possession of a bailee

that has issued a negotiable document covering the goods:

     (1) A security interest in the goods may be perfected by perfecting a security interest in the

document; and

     (2) A security interest perfected in the document has priority over any security interest that

becomes perfected in the goods by another method during that time.

     (d) Goods covered by nonnegotiable document. While goods are in the possession of a

bailee that has issued a nonnegotiable document covering the goods, a security interest in the goods

may be perfected by:

     (1) Issuance of a document in the name of the secured party;

     (2) The bailee’s receipt of notification of the secured party’s interest; or

     (3) Filing as to the goods.

     (e) Temporary perfection: new value. A security interest in certificated securities,

negotiable documents, or instruments is perfected without filing or the taking of possession or

control for a period of 20 days from the time it attaches to the extent that it arises for new value

given under an authenticated a signed security agreement.

     (f) Temporary perfection: goods or documents made available to debtor. A perfected

security interest in a negotiable document or goods in possession of a bailee, other than one that

has issued a negotiable document for the goods, remains perfected for 20 days without filing if the

secured party makes available to the debtor the goods or documents representing the goods for the

purpose of:

     (1) Ultimate sale or exchange; or

     (2) Loading, unloading, storing, shipping, transshipping, manufacturing, processing, or

otherwise dealing with them in a manner preliminary to their sale or exchange.

     (g) Temporary perfection: delivery of security certificate or instrument to debtor. A

perfected security interest in a certificated security or instrument remains perfected for 20 days

without filing if the secured party delivers the security certificate or instrument to the debtor for the

purpose of:

     (1) Ultimate sale or exchange; or

     (2) Presentation, collection, enforcement, renewal, or registration of transfer.

     (h) Expiration of temporary perfection. After the 20-day period specified in subsection (e),

(f), or (g) expires, perfection depends upon compliance with this chapter.

 

275)

Section

Amended By Chapter Numbers:

 

6A-9-313

65 and 66

 

 

6A-9-313. When possession by or delivery to secured party perfects security interest

without filing.

     (a) Perfection by possession or delivery. Except as otherwise provided in subsection (b), a

secured party may perfect a security interest in tangible negotiable documents, goods, instruments,

negotiable tangible documents, or tangible money, or tangible chattel paper by taking possession

of the collateral. A secured party may perfect a security interest in certificated securities by taking

delivery of the certificated securities under § 6A-8-301.

     (b) Goods covered by certificate of title. With respect to goods covered by a certificate of

title issued by this State, a secured party may perfect a security interest in the goods by taking

possession of the goods only in the circumstances described in § 6A-9-316(d).

     (c) Collateral in possession of person other than debtor. With respect to collateral other

than certificated securities and goods covered by a document, a secured party takes possession of

collateral in the possession of a person other than the debtor, the secured party, or a lessee of the

collateral from the debtor in the ordinary course of the debtor’s business, when:

     (1) The person in possession authenticates signs a record acknowledging that it holds

possession of the collateral for the secured party’s benefit; or

     (2) The person takes possession of the collateral after having authenticated signed a record

acknowledging that it will hold possession of the collateral for the secured party’s benefit.

     (d) Time of perfection by possession; continuation of perfection. If perfection of a security

interest depends upon possession of the collateral by a secured party, perfection occurs no not

earlier than the time the secured party takes possession and continues only while the secured party

retains possession.

     (e) Time of perfection by delivery; continuation of perfection. A security interest in a

certificated security in registered form is perfected by delivery when delivery of the certificated

security occurs under § 6A-8-301 and remains perfected by delivery until the debtor obtains

possession of the security certificate.

     (f) Acknowledgment not required. A person in possession of collateral is not required to

acknowledge that it holds possession for a secured party’s benefit.

     (g) Effectiveness of acknowledgment; no duties or confirmation. If a person acknowledges

that it holds possession for the secured party’s benefit:

     (1) The acknowledgment is effective under subsection (c) or § 6A-8-301(a), even if the

acknowledgment violates the rights of a debtor; and

     (2) Unless the person otherwise agrees or law other than this chapter otherwise provides,

the person does not owe any duty to the secured party and is not required to confirm the

acknowledgment to another person.

     (h) Secured party’s delivery to person other than debtor. A secured party having possession

of collateral does not relinquish possession by delivering the collateral to a person other than the

debtor or a lessee of the collateral from the debtor in the ordinary course of the debtor’s business if

the person was instructed before the delivery or is instructed contemporaneously with the delivery:

     (1) To hold possession of the collateral for the secured party’s benefit; or

     (2) To redeliver the collateral to the secured party.

     (i) Effect of delivery under subsection (h); no duties or confirmation. A secured party does

not relinquish possession, even if a delivery under subsection (h) violates the rights of a debtor. A

person to which collateral is delivered under subsection (h) does not owe any duty to the secured

party and is not required to confirm the delivery to another person unless the person otherwise

agrees or law other than this chapter otherwise provides.

 

 

 

276)

Section

Amended By Chapter Numbers:

 

6A-9-314

65 and 66

 

 

6A-9-314. Perfection by control.

     (a) Perfection by control. A security interest in investment property, deposit accounts,

letter-of-credit rights, electronic chattel paper or electronic documents controllable accounts,

controllable electronic records, controllable payment intangibles, deposit accounts, electronic

documents, electronic money, investment property, or letter-of-credit rights may be perfected by

control of the collateral under §§ 6A-7-106, § 6A-9-104, 6A-9-105 § 6A-9-105.1, § 6A-9-106, or

§ 6A-9-107, or § 6A-9-107.1.

     (b) Specified collateral: time of perfection by control; continuation of perfection. A security

interest in deposit accounts, electronic chattel paper, letter-of-credit rights or electronic documents

controllable accounts, controllable electronic records, controllable payment intangibles, deposit

accounts, electronic documents, electronic money, or letter-of-credit rights is perfected by control

under §§ 6A-7-106, § 6A-9-104, § 6A-9-105, § 6A-9-105.1, or § 6A-9-107, or § 6A-9-107.1 when

not earlier than the time the secured party obtains control and remains perfected by control only

while the secured party retains control.

     (c) Investment property: time of perfection by control; continuation of perfection. A

security interest in investment property is perfected by control under § 6A-9-106 from not earlier

than the time the secured party obtains control and remains perfected by control until:

     (1) The secured party does not have control; and

     (2) One of the following occurs:

     (i) If the collateral is a certificated security, the debtor has or acquires possession of the

security certificate;

     (ii) If the collateral is an uncertificated security, the issuer has registered or registers the

debtor as the registered owner; or

     (iii) If the collateral is a security entitlement, the debtor is or becomes the entitlement

holder.

 

277)

Section

Added By Chapter Numbers:

 

6A-9-314.1

65 and 66

 

 

6A-9-314.1. Perfection by possession and control of chattel paper.

     (a) Perfection by possession and control. A secured party may perfect a security interest in

chattel paper by taking possession of each authoritative tangible copy of the record evidencing the

chattel paper and obtaining control of each authoritative electronic copy of the electronic record

evidencing the chattel paper.

     (b) Time of perfection; continuation of perfection. A security interest is perfected under

subsection (a) of this section not earlier than the time the secured party takes possession and obtains

control and remains perfected under subsection (a) of this section only while the secured party

retains possession and control.

     (c) Application of § 6A-9-313 to perfection by possession of chattel paper,. §Section 6A-

9-313(c) and (f) through (i) applies to perfection by possession of an authoritative tangible copy of

a record evidencing chattel paper.

 

278)

Section

Amended By Chapter Numbers:

 

6A-9-316

65 and 66

 

 

6A-9-316. Effect of change in governing law.

     (a) General rule: effect on perfection of change in governing law. A security interest

perfected pursuant to the law of the jurisdiction designated in §§§ 6A-9-301(1), or § 6A-9-305(c),

§ 6A-9-306.1(d), or § 6A-9-306.2(b) remains perfected until the earliest of:

     (1) The time perfection would have ceased under the law of that jurisdiction;

     (2) The expiration of four months after a change of the debtor’s location to another

jurisdiction; or

     (3) The expiration of one year after a transfer of collateral to a person that thereby becomes

a debtor and is located in another jurisdiction.

     (b) Security interest perfected or unperfected under law of new jurisdiction. If a security

interest described in subsection (a) becomes perfected under the law of the other jurisdiction before

the earliest time or event described in that subsection, it remains perfected thereafter. If the security

interest does not become perfected under the law of the other jurisdiction before the earliest time

or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser

of the collateral for value.

     (c) Possessory security interest in collateral moved to new jurisdiction. A possessory

security interest in collateral, other than goods covered by a certificate of title and as-extracted

collateral consisting of goods, remains continuously perfected if:

     (1) The collateral is located in one jurisdiction and subject to a security interest perfected

under the law of that jurisdiction;

     (2) Thereafter the collateral is brought into another jurisdiction; and

     (3) Upon entry into the other jurisdiction, the security interest is perfected under the law of

the other jurisdiction.

     (d) Goods covered by certificate of title from this state. Except as otherwise provided in

subsection (e), a security interest in goods covered by a certificate of title which is perfected by any

method under the law of another jurisdiction when the goods become covered by a certificate of

title from this State remains perfected until the security interest would have become unperfected

under the law of the other jurisdiction had the goods not become so covered.

     (e) When subsection (d) security interest becomes unperfected against purchasers. A

security interest described in subsection (d) becomes unperfected as against a purchaser of the

goods for value and is deemed never to have been perfected as against a purchaser of the goods for

value if the applicable requirements for perfection under § 6A-9-311(b) or § 6A-9-313 are not

satisfied before the earlier of:

     (1) The time the security interest would have become unperfected under the law of the

other jurisdiction had the goods not become covered by a certificate of title from this State; or

     (2) The expiration of four months after the goods had become so covered.

     (f) Change in jurisdiction of chattel paper, controllable electronic record, bank, issuer,

nominated person, securities intermediary, or commodity intermediary. A security interest in

chattel paper, controllable accounts, controllable electronic records, controllable payment

intangibles, deposit accounts, letter-of-credit rights, or investment property which is perfected

under the law of the chattel paper's jurisdiction, the controllable electronic record's jurisdiction, the

bank’s jurisdiction, the issuer’s jurisdiction, a nominated person’s jurisdiction, the securities

intermediary’s jurisdiction, or the commodity intermediary’s jurisdiction, as applicable, remains

perfected until the earlier of:

     (1) The time the security interest would have become unperfected under the law of that

jurisdiction; or

     (2) The expiration of four months after a change of the applicable jurisdiction to another

jurisdiction.

     (g) Subsection (f) security interest perfected or unperfected under law of new jurisdiction.

If a security interest described in subsection (f) becomes perfected under the law of the other

jurisdiction before the earlier of the time or the end of the period described in that subsection, it

remains perfected thereafter. If the security interest does not become perfected under the law of the

other jurisdiction before the earlier of that time or the end of that period, it becomes unperfected

and is deemed never to have been perfected as against a purchaser of the collateral for value.

     (h) Effect on filed financing statement of change in governing law. The following rules

apply to collateral to which a security interest attaches within four (4) months after the debtor

changes its location to another jurisdiction:

     (1) A financing statement filed before the change pursuant to the law of the jurisdiction

designated in subdivision§ 6A-9-301(1) or subsection§ 6A-9-305(c) is effective to perfect a

security interest in the collateral if the financing statement would have been effective to perfect a

security interest in the collateral had the debtor not changed its location.

     (2) If a security interest perfected by a financing statement that is effective under

subdivision (1) becomes perfected under the law of the other jurisdiction before the earlier of the

time the financing statement would have become ineffective under the law of the jurisdiction

designated in subdivision§ 6A-9-301(1) or subsection§ 6A-9-305(c) or the expiration of the four

(4) month period, it remains perfected thereafter. If the security interest does not become perfected

under the law of the other jurisdiction before the earlier time or event, it becomes unperfected and

is deemed never to have been perfected as against a purchaser of the collateral for value.

     (i) Effect of change in governing law on financing statement filed against original debtor.

If a financing statement naming an original debtor is filed pursuant to the law of the jurisdiction

designated in subdivision§ 6A-9-301(1) or subsection§ 6A-9-305(c) and the new debtor is located

in another jurisdiction, the following rules apply:

     (1) The financing statement is effective to perfect a security interest in collateral acquired

by the new debtor before, and within four (4) months after, the new debtor becomes bound under

subsection§ 6A-9-203(d), if the financing statement would have been effective to perfect a security

interest in the collateral had the collateral been acquired by the original debtor.

     (2) A security interest perfected by the financing statement and which becomes perfected

under the law of the other jurisdiction before the earlier of the time the financing statement would

have become ineffective under the law of the jurisdiction designated in subdivision§ 6A-9-301(1)

or subsection§ 6A-9-305(c) or the expiration of the four (4) month period remains perfected

thereafter. A security interest that is perfected by the financing statement but which does not

become perfected under the law of the other jurisdiction before the earlier time or event becomes

unperfected and is deemed never to have been perfected as against a purchaser of the collateral for

value.

 

279)

Section

Amended By Chapter Numbers:

 

6A-9-317

65 and 66

 

 

6A-9-317. Interests that take priority over or take free of security interest or

agricultural lien.

     (a) Conflicting security interests and rights of lien creditors. A security interest or

agricultural lien is subordinate to the rights of:

     (1) A person entitled to priority under § 6A-9-322; and

     (2) Except as otherwise provided in subsection (e), a person that becomes a lien creditor

before the earlier of the time: (i) the security interest or agricultural lien is perfected; or (ii) one of

the conditions specified in § 6A-9-203(b)(3) is met and a financing statement covering the collateral

is filed.

     (b) Buyers that receive delivery. Except as otherwise provided in subsection (e), a buyer,

other than a secured party, of tangible chattel paper, tangible documents, goods, instruments,

tangible documents, or a certificated security takes free of a security interest or agricultural lien if

the buyer gives value and receives delivery of the collateral without knowledge of the security

interest or agricultural lien and before it is perfected.

     (c) Lessees that receive delivery. Except as otherwise provided in subsection (e), a lessee

of goods takes free of a security interest or agricultural lien if the lessee gives value and receives

delivery of the collateral without knowledge of the security interest or agricultural lien and before

it is perfected.

     (d) Licensees and buyers of certain collateral. A Subject to subsectionsubsections (f)

through (i) of this section, a licensee of a general intangible or a buyer, other than a secured party,

of collateral other than tangible chattel papers, tangible documents, electronic money, goods,

instruments, tangible documents, or a certificated security takes free of a security interest if the

licensee or buyer gives value without knowledge of the security interest and before it is perfected.

     (e) Purchase-money security interest. Except as otherwise provided in §§ 6A-9-320 and

6A-9-321, if a person files a financing statement with respect to a purchase-money security interest

before or within 20 days after the debtor receives delivery of the collateral, the security interest

takes priority over the rights of a buyer, lessee, or lien creditor which arise between the time the

security interest attaches and the time of filing.

     (f) Buyers of chattel paper. A buyer, other than a secured party, of chattel paper takes free

of a security interest if, without knowledge of the security interest and before it is perfected, the

buyer gives value and:

     (1) Receives delivery of each authoritative tangible copy of the record evidencing the

chattel paper; and

     (2) If each authoritative electronic copy of the record evidencing the chattel paper can be

subjected to control under § 6A-9-105, obtains control of each authoritative electronic copy.

     (g) Buyers of electronic documents. A buyer of an electronic document takes free of a

security interest if, without knowledge of the security interest and before it is perfected, the buyer

gives value and, if each authoritative electronic copy of the document can be subjected to control

under § 6A-7-106, obtains control of each authoritative electronic copy.

     (h) Buyers of controllable electronic records. A buyer of a controllable electronic record

takes free of a security interest if, without knowledge of the security interest and before it is

perfected, the buyer gives value and obtains control of the controllable electronic record.

     (i) Buyers of controllable accounts and controllable payment intangibles. A buyer, other

than a secured party, of a controllable account or a controllable payment intangible takes free of a

security interest if, without knowledge of the security interest and before it is perfected, the buyer

gives value and obtains control of the controllable account or controllable payment intangible.

 

280)

Section

Amended By Chapter Numbers:

 

6A-9-323

65 and 66

 

 

6A-9-323. Future advances.

     (a) When priority based on time of advance. Except as otherwise provided in subsection

(c), for purposes of determining the priority of a perfected security interest under § 6A-9-322(a)(1),

perfection of the security interest dates from the time an advance is made to the extent that the

security interest secures an advance that:

     (1) Is made while the security interest is perfected only:

     (i) Under § 6A-9-309 when it attaches; or

     (ii) Temporarily under § 6A-9-312(e), (f), or (g); and

     (2) Is not made pursuant to a commitment entered into before or while the security interest

is perfected by a method other than under § 6A-9-309 or § 6A-9-312(e), (f), or (g).

     (b) Lien creditor. Except as otherwise provided in subsection (c), a security interest is

subordinate to the rights of a person that becomes a lien creditor to the extent that the security

interest secures an advance made more than 45 days after the person becomes a lien creditor unless

the advance is made:

     (1) Without knowledge of the lien; or

     (2) Pursuant to a commitment entered into without knowledge of the lien.

     (c) Buyer of receivables. Subsections (a) and (b) do not apply to a security interest held by

a secured party that is a buyer of accounts, chattel paper, payment intangibles, or promissory notes

or a consignor.

     (d) Buyer of goods. Except as otherwise provided in subsection (e), a buyer of goods other

than a buyer in ordinary course of business takes free of a security interest to the extent that it

secures advances made after the earlier of:

     (1) The time the secured party acquires knowledge of the buyer’s purchase; or

     (2) 45 days after the purchase.

     (e) Advances made pursuant to commitment: priority of buyer of goods. Subsection (d)

does not apply if the advance is made pursuant to a commitment entered into without knowledge

of the buyer’s purchase and before the expiration of the 45-day period.

     (f) Lessee of goods. Except as otherwise provided in subsection (g), a lessee of goods, other

than a lessee in ordinary course of business, takes the leasehold interest free of a security interest

to the extent that it secures advances made after the earlier of:

     (1) The time the secured party acquires knowledge of the lease; or

     (2) 45 days after the lease contract becomes enforceable.

     (g) Advances made pursuant to commitment: priority of lessee of goods. Subsection (f)

does not apply if the advance is made pursuant to a commitment entered into without knowledge

of the lease and before the expiration of the 45-day period.

 

281)

Section

Amended By Chapter Numbers:

 

6A-9-324

65 and 66

 

 

6A-9-324. Priority of purchase-money security interests.

     (a) General rule: purchase-money priority. Except as otherwise provided in subsection (g),

a perfected purchase-money security interest in goods other than inventory or livestock has priority

over a conflicting security interest in the same goods, and, except as otherwise provided in § 6A-

9-327, a perfected security interest in its identifiable proceeds also has priority, if the purchase-

money security interest is perfected when the debtor receives possession of the collateral or within

20 days thereafter.

     (b) Inventory purchase-money priority. Subject to subsection (c) and except as otherwise

provided in subsection (g), a perfected purchase-money security interest in inventory has priority

over a conflicting security interest in the same inventory, has priority over a conflicting security

interest in chattel paper or an instrument constituting proceeds of the inventory and in proceeds of

the chattel paper, if so provided in § 6A-9-330, and, except as otherwise provided in § 6A-9-327,

also has priority in identifiable cash proceeds of the inventory to the extent the identifiable cash

proceeds are received on or before the delivery of the inventory to a buyer, if:

     (1) The purchase-money security interest is perfected when the debtor receives possession

of the inventory;

     (2) The purchase-money secured party sends an authenticated a signed notification to the

holder of the conflicting security interest;

     (3) The holder of the conflicting security interest receives the notification within five years

before the debtor receives possession of the inventory; and

     (4) The notification states that the person sending the notification has or expects to acquire

a purchase-money security interest in inventory of the debtor and describes the inventory.

     (c) Holders of conflicting inventory security interests to be notified. Subsections (b)(2)

through (4) apply only if the holder of the conflicting security interest had filed a financing

statement covering the same types of inventory:

     (1) If the purchase-money security interest is perfected by filing, before the date of the

filing; or

     (2) If the purchase-money security interest is temporarily perfected without filing or

possession under § 6A-9-312(f), before the beginning of the 20-day period thereunder.

     (d) Livestock purchase-money priority. Subject to subsection (e) and except as otherwise

provided in subsection (g), a perfected purchase-money security interest in livestock that are farm

products has priority over a conflicting security interest in the same livestock, and, except as

otherwise provided in § 6A-9-327, a perfected security interest in their identifiable proceeds and

identifiable products in their unmanufactured states also has priority, if:

     (1) The purchase-money security interest is perfected when the debtor receives possession

of the livestock;

     (2) The purchase-money secured party sends an authenticated a signed notification to the

holder of the conflicting security interest;

     (3) The holder of the conflicting security interest receives the notification within six months

before the debtor receives possession of the livestock; and

     (4) The notification states that the person sending the notification has or expects to acquire

a purchase-money security interest in livestock of the debtor and describes the livestock.

     (e) Holders of conflicting livestock security interests to be notified. Subsections (d)(2)

through (4) apply only if the holder of the conflicting security interest had filed a financing

statement covering the same types of livestock:

     (1) If the purchase-money security interest is perfected by filing, before the date of the

filing; or

     (2) If the purchase-money security interest is temporarily perfected without filing or

possession under § 6A-9-312(f), before the beginning of the 20-day period thereunder.

     (f) Software purchase-money priority. Except as otherwise provided in subsection (g), a

perfected purchase-money security interest in software has priority over a conflicting security

interest in the same collateral, and, except as otherwise provided in § 6A-9-327, a perfected security

interest in its identifiable proceeds also has priority, to the extent that the purchase-money security

interest in the goods in which the software was acquired for use has priority in the goods and

proceeds of the goods under this section.

     (g) Conflicting purchase-money security interests. If more than one security interest

qualifies for priority in the same collateral under subsection (a), (b), (d), or (f):

     (1) A security interest securing an obligation incurred as all or part of the price of the

collateral has priority over a security interest securing an obligation incurred for value given to

enable the debtor to acquire rights in or the use of collateral; and

     (2) In all other cases, § 6A-9-322(a) applies to the qualifying security interests.

 

282)

Section

Added By Chapter Numbers:

 

6A-9-326.1

65 and 66

 

 

6A-9-326.1. Priority of security interest in controllable account, controllable

electronic record, and controllable payment intangible.

     A security interest in a controllable account, controllable electronic record, or controllable

payment intangible held by a secured party having control of the account, electronic record, or

payment intangible has priority over a conflicting security interest held by a secured party that does

not have control.

 

283)

Section

Amended By Chapter Numbers:

 

6A-9-330

65 and 66

 

 

6A-9-330. Priority of purchaser of chattel paper or instrument.

     (a) Purchaser’s priority: security interest claimed merely as proceeds. A purchaser of

chattel paper has priority over a security interest in the chattel paper which is claimed merely as

proceeds of inventory subject to a security interest if:

     (1) In good faith and in the ordinary course of the purchaser’s business, the purchaser gives

new value, and takes possession of each authoritative tangible copy of the record evidencing the

chattel paper, orand obtains control of the chattel paper under § 6A-9-105 of each authoritative

electronic copy of the record evidencing the chattel paper; and

     (2) The chattel paper does authoritative copies of the record evidencing the chattel paper

do not indicate that it the chattel paper has been assigned to an identified assignee other than the

purchaser.

     (b) Purchaser’s priority: other security interests. A purchaser of chattel paper has priority

over a security interest in the chattel paper which is claimed other than merely as proceeds of

inventory subject to a security interest if the purchaser gives new value, and takes possession of

each authoritative tangible copy of the record evidencing the chattel paper, or and obtains control

of under § 6A-9-105 of each authoritative electronic copy of the record evidencing the chattel paper

under § 6A-9-105 in good faith, in the ordinary course of the purchaser’s business, and without

knowledge that the purchase violates the rights of the secured party.

     (c) Chattel paper purchaser’s priority in proceeds. Except as otherwise provided in § 6A-

9-327, a purchaser having priority in chattel paper under subsection (a) or (b) also has priority in

proceeds of the chattel paper to the extent that:

     (1) Section 6A-9-322 provides for priority in the proceeds; or

     (2) The proceeds consist of the specific goods covered by the chattel paper or cash proceeds

of the specific goods, even if the purchaser’s security interest in the proceeds is unperfected.

     (d) Instrument purchaser’s priority. Except as otherwise provided in § 6A-9-331(a), a

purchaser of an instrument has priority over a security interest in the instrument perfected by a

method other than possession if the purchaser gives value and takes possession of the instrument

in good faith and without knowledge that the purchase violates the rights of the secured party.

     (e) Holder of purchase-money security interest gives new value. For purposes of

subsections (a) and (b), the holder of a purchase-money security interest in inventory gives new

value for chattel paper constituting proceeds of the inventory.

     (f) Indication of assignment gives knowledge. For purposes of subsections (b) and (d), if

the authoritative copies of the record evidencing chattel paper or an instrument indicates indicate

that it the chattel paper or instrument has been assigned to an identified secured party other than

the purchaser, a purchaser of the chattel paper or instrument has knowledge that the purchase

violates the rights of the secured party.

 

284)

Section

Amended By Chapter Numbers:

 

6A-9-331

65 and 66

 

 

6A-9-331. Priority of rights of purchasers of controllable accounts, controllable electronic

records, controllable payment intangibles, documents, instruments and securities under

other chapters; priority of interests in financial assets and security entitlements and

protection against assertion of claim under chapters 8 and 12.

     (a) Rights under chapters 3, 7, and 8, and 12 not limited. This chapter does not limit the

rights of a holder in due course of a negotiable instrument, a holder to which a negotiable document

of title has been duly negotiated, ora protected purchaser of a security, or a qualifying purchaser of

a controllable account, controllable electronic record, or controllable payment intangible. These

holders or purchasers take priority over an earlier security interest, even if perfected, to the extent

provided in chapters 3, 7, and 8, and 12.

     (b) Protection under chapter chapters 8 and 12. This chapter does not limit the rights of or

impose liability on a person to the extent that the person is protected against the assertion of a claim

under chapter 8 or 12.

     (c) Filing not notice. Filing under this chapter does not constitute notice of a claim or

defense to the holders, or purchasers, or persons described in subsections (a) and (b).

 

285)

Section

Amended By Chapter Numbers:

 

6A-9-332

65 and 66

 

 

6A-9-332. Transfer of tangible money; transfer of funds from deposit account.

     (a) Transferee of tangible money. A transferee of tangible money takes the money free of

a security interest unless the transferee acts if the transferee receives the funds without acting in

collusion with the debtor in violating the rights of the secured party.

     (b) Transferee of funds from deposit account. A transferee of funds from a deposit account

takes the funds free of a security interest in the deposit account unless the transferee acts if the

transferee receives the funds without acting in collusion with the debtor in violating the rights of

the secured party.

     (c) Transferee of electronic money. A transferee of electronic money takes the money free

of a security interest if the transferee obtains control of the money without acting in collusion with

the debtor in violating the rights of the secured party.

 

286)

Section

Amended By Chapter Numbers:

 

6A-9-334

65 and 66

 

 

6A-9-334. Priority of security interests in fixtures and crops.

     (a) Security interest in fixtures under this chapter. A security interest under this chapter

may be created in goods that are fixtures or may continue in goods that become fixtures. A security

interest does not exist under this chapter in ordinary building materials incorporated into an

improvement on land.

     (b) Security interest in fixtures under real-property law. This chapter does not prevent

creation of an encumbrance upon fixtures under real property law.

     (c) General rule: subordination of security interest in fixtures. In cases not governed by

subsections (d) through (h), a security interest in fixtures is subordinate to a conflicting interest of

an encumbrancer or owner of the related real property other than the debtor.

     (d) Fixtures purchase-money priority. Except as otherwise provided in subsection (h), a

perfected security interest in fixtures has priority over a conflicting interest of an encumbrancer or

owner of the real property if the debtor has an interest of record in or is in possession of the real

property and:

     (1) The security interest is a purchase-money security interest;

     (2) The interest of the encumbrancer or owner arises before the goods become fixtures; and

     (3) The security interest is perfected by a fixture filing before the goods become fixtures

or within 20 days thereafter.

     (e) Priority of security interest in fixtures over interests in real property. A perfected

security interest in fixtures has priority over a conflicting interest of an encumbrancer or owner of

the real property if:

     (1) The debtor has an interest of record in the real property or is in possession of the real

property and the security interest:

     (i) Is perfected by a fixture filing before the interest of the encumbrancer or owner is of

record; and

     (ii) Has priority over any conflicting interest of a predecessor in title of the encumbrancer

or owner;

     (2) Before the goods become fixtures, the security interest is perfected by any method

permitted by this chapter and the fixtures are readily removable:

     (i) Factory or office machines;

     (ii) Equipment that is not primarily used or leased for use in the operation of the real

property; or

     (iii) Replacements of domestic appliances that are consumer goods;

     (3) The conflicting interest is a lien on the real property obtained by legal or equitable

proceedings after the security interest was perfected by any method permitted by this chapter; or

     (4) The security interest is:

     (i) Created in a manufactured home in a manufactured-home transaction; and

     (ii) Perfected pursuant to a statute described in § 6A-9-311(a)(2).

     (f) Priority based on consent, disclaimer, or right to remove. A security interest in fixtures,

whether or not perfected, has priority over a conflicting interest of an encumbrancer or owner of

the real property if:

     (1) The encumbrancer or owner has, in an authenticated a signed record, consented to the

security interest or disclaimed an interest in the goods as fixtures; or

     (2) The debtor has a right to remove the goods as against the encumbrancer or owner.

     (g) Continuation of paragraph (f)(2) priority. The priority of the security interest under

paragraph (f)(2) continues for a reasonable time if the debtor’s right to remove the goods as against

the encumbrancer or owner terminates.

     (h) Priority of construction mortgage. A mortgage is a construction mortgage to the extent

that it secures an obligation incurred for the construction of an improvement on land, including the

acquisition cost of the land, if a recorded record of the mortgage so indicates. Except as otherwise

provided in subsections (e) and (f), a security interest in fixtures is subordinate to a construction

mortgage if a record of the mortgage is recorded before the goods become fixtures and the goods

become fixtures before the completion of the construction. A mortgage has this priority to the same

extent as a construction mortgage to the extent that it is given to refinance a construction mortgage.

     (i) Priority of security interest in crops. A perfected security interest in crops growing on

real property has priority over a conflicting interest of an encumbrancer or owner of the real

property if the debtor has an interest of record in or is in possession of the real property.

 

 

 

 

287)

Section

Amended By Chapter Numbers:

 

6A-9-341

65 and 66

 

 

6A-9-341. Bank’s rights and duties with respect to deposit account.

     Except as otherwise provided in § 6A-9-340(c), and unless the bank otherwise agrees in an

authenticated a signed record, a bank’s rights and duties with respect to a deposit account

maintained with the bank are not terminated, suspended, or modified by:

     (1) The creation, attachment, or perfection of a security interest in the deposit account;

     (2) The bank’s knowledge of the security interest; or

     (3) The bank’s receipt of instructions from the secured party.

 

288)

Section

Amended By Chapter Numbers:

 

6A-9-404

65 and 66

 

 

6A-9-404. Rights acquired by assignee; claims and defenses against assignee.

     (a) Assignee’s rights subject to terms, claims, and defenses; exceptions. Unless an account

debtor has made an enforceable agreement not to assert defenses or claims, and subject to

subsections (b) through (e), the rights of an assignee are subject to:

     (1) All terms of the agreement between the account debtor and assignor and any defense

or claim in recoupment arising from the transaction that gave rise to the contract; and

     (2) Any other defense or claim of the account debtor against the assignor which accrues

before the account debtor receives a notification of the assignment authenticated signed by the

assignor or the assignee.

     (b) Account debtor’s claim reduces amount owed to assignee. Subject to subsection (c) and

except as otherwise provided in subsection (d), the claim of an account debtor against an assignor

may be asserted against an assignee under subsection (a) only to reduce the amount the account

debtor owes.

     (c) Rule for individual under other law. This section is subject to law other than this chapter

which establishes a different rule for an account debtor who is an individual and who incurred the

obligation primarily for personal, family, or household purposes.

     (d) Omission of required statement in consumer transaction. In a consumer transaction, if

a record evidences the account debtor’s obligation, law other than this chapter requires that the

record include a statement to the effect that the account debtor’s recovery against an assignee with

respect to claims and defenses against the assignor may not exceed amounts paid by the account

debtor under the record, and the record does not include such a statement, the extent to which a

claim of an account debtor against the assignor may be asserted against an assignee is determined

as if the record included such a statement.

     (e) Inapplicability to health-care-insurance receivable. This section does not apply to an

assignment of a health-care-insurance receivable.

 

289)

Section

Amended By Chapter Numbers:

 

6A-9-406

65 and 66

 

 

6A-9-406. Discharge of account debtor; notification of assignment; identification and

proof of assignment; restrictions on assignment of accounts, chattel paper, payment

intangibles, and promissory notes ineffective.

     (a) Discharge of account debtor; effect of notification. Subject to subsections (b) through

(i) and (l), an account debtor on an account, chattel paper, or a payment intangible may discharge

its obligation by paying the assignor until, but not after, the account debtor receives a notification,

authenticated signed by the assignor or the assignee, that the amount due or to become due has been

assigned and that payment is to be made to the assignee. After receipt of the notification, the

account debtor may discharge its obligation by paying the assignee and may not discharge the

obligation by paying the assignor.

     (b) When notification ineffective. Subject to subsection subsections (h) and (l), notification

is ineffective under subsection (a):

     (1) If it does not reasonably identify the rights assigned;

     (2) To the extent that an agreement between an account debtor and a seller of a payment

intangible limits the account debtor’s duty to pay a person other than the seller and the limitation

is effective under law other than this chapter; or

     (3) At the option of an account debtor, if the notification notifies the account debtor to

make less than the full amount of any installment or other periodic payment to the assignee, even

if:

     (i) Only a portion of the account, chattel paper, or payment intangible has been assigned to

that assignee;

     (ii) A portion has been assigned to another assignee; or

     (iii) The account debtor knows that the assignment to that assignee is limited.

     (c) Proof of assignment. Subject to subsection subsections (h) and (l), if requested by the

account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been

made. Unless the assignee complies, the account debtor may discharge its obligation by paying the

assignor, even if the account debtor has received a notification under subsection (a).

     (d) Term restricting assignment generally ineffective. In this subsection, "promissory note"

includes a negotiable instrument that evidences chattel paper. Except as otherwise provided in

subsection subsections (e) and (k) and § 6A-2.1-303 and § 6A-9-407, and subject to subsection (h),

a term in an agreement between an account debtor and an assignor or in a promissory note is

ineffective to the extent that it:

     (1) Prohibits, restricts, or requires the consent of the account debtor or person obligated on

the promissory note to the assignment or transfer of, or the creation, attachment, perfection, or

enforcement of a security interest in, the account, chattel paper, payment intangible, or promissory

note; or

     (2) Provides that the assignment or transfer or the creation, attachment, perfection, or

enforcement of the security interest may give rise to a default, breach, right of recoupment, claim,

defense, termination, right of termination, or remedy under the account, chattel paper, payment

intangible, or promissory note.

     (e) Inapplicability of subsection (d) to certain sales. Subsection (d) does not apply to the

sale of a payment intangible or promissory note, other than a sale pursuant to a disposition under §

6A-9-610 or an acceptance of collateral under § 6A-9-620.

     (f) Legal restrictions on assignment generally ineffective. Except as otherwise provided in

subsection (k) and §§ 6A-2.1-303 and 6A-9-407 and subject to subsections (h) and (i), a rule of

law, statute, or regulation that prohibits, restricts, or requires the consent of a government,

governmental body or official, or account debtor to the assignment or transfer of, or creation of a

security interest in, an account or chattel paper is ineffective to the extent that the rule of law,

statute, or regulation:

     (1) Prohibits, restricts, or requires the consent of the government, governmental body or

official, or account debtor to the assignment or transfer of, or the creation, attachment, perfection,

or enforcement of a security interest in the account or chattel paper; or

     (2) Provides that the assignment or transfer or the creation, attachment, perfection, or

enforcement of the security interest may give rise to a default, breach, right of recoupment, claim,

defense, termination, right of termination, or remedy under the account or chattel paper.

     (g) Subsection (b)(3) not waivable. Subject to subsection subsections (h) and (l) of this

section, an account debtor may not waive or vary its option under subsection (b)(3).

     (h) Rule for individual under other law. This section is subject to law other than this chapter

which establishes a different rule for an account debtor who is an individual and who incurred the

obligation primarily for personal, family, or household purposes.

     (i) Inapplicability to health-care-insurance receivable. This section does not apply to an

assignment of a health-care-insurance receivable.

     (j) Section prevails over inconsistent law. This section prevails over any statutes, rules, and

regulations inconsistent with this section.

     (k) Inapplicability to interests in certain entities. Subsections (d), (f), and (j) of this section

do not apply to a security interest in an ownership interest in a general partnership, limited

partnership, or limited liability company.

     (l) Inapplicability of certain subsections. Subsections (a), (b), (c), and (g) of this section do

not apply to a controllable account or controllable payment intangible.

 

290)

Section

Amended By Chapter Numbers:

 

6A-9-408

65 and 66

 

 

6A-9-408. Restrictions on assignment of promissory notes, health-care insurance

receivables, and certain general intangibles ineffective.

     (a) Term restricting assignment generally ineffective. Except as otherwise provided in

subsection subsections (b) and (f), a term in a promissory note or in an agreement between an

account debtor and a debtor which relates to a health-care-insurance receivable or a general

intangible, including a contract, permit, license, or franchise, and which term prohibits, restricts, or

requires the consent of the person obligated on the promissory note or the account debtor to, the

assignment or transfer of, or creation, attachment, or perfection of a security interest in, the

promissory note, health-care-insurance receivable, or general intangible, is ineffective to the extent

that the term:

     (1) Would impair the creation, attachment, or perfection of a security interest; or

     (2) Provides that the assignment or transfer or the creation, attachment, or perfection of the

security interest may give rise to a default, breach, right of recoupment, claim, defense, termination,

right of termination, or remedy under the promissory note, health-care-insurance receivable, or

general intangible.

     (b) Applicability of subsection (a) to sales of certain rights to payment. Subsection (a)

applies to a security interest in a payment intangible or promissory note only if the security interest

arises out of a sale of the payment intangible or promissory note, other than a sale pursuant to a

disposition under § 6A-9-610 or an acceptance of collateral under § 6A-9-620.

     (c) Legal restrictions on assignment generally ineffective. A Except as otherwise provided

in subsection (f) of this section, a rule of law, statute, or regulation that prohibits, restricts, or

requires the consent of a government, governmental body or official, person obligated on a

promissory note, or account debtor to the assignment or transfer of, or creation of a security interest

in, a promissory note, health-care-insurance receivable, or general intangible, including a contract,

permit, license, or franchise between an account debtor and a debtor, is ineffective to the extent

that the rule of law, statute, or regulation:

     (1) Would impair the creation, attachment, or perfection of a security interest; or

     (2) Provides that the assignment or transfer or the creation, attachment, or perfection of the

security interest may give rise to a default, breach, right of recoupment, claim, defense, termination,

right of termination, or remedy under the promissory note, health-care-insurance receivable, or

general intangible.

     (d) Limitation on ineffectiveness under subsections (a) and (c). To the extent that a term in

a promissory note or in an agreement between an account debtor and a debtor which relates to a

health-care-insurance receivable or general intangible or a rule of law, statute, or regulation

described in subsection (c) would be effective under law other than this chapter but is ineffective

under subsection (a) or (c), the creation, attachment, or perfection of a security interest in the

promissory note, health-care-insurance receivable, or general intangible:

     (1) Is not enforceable against the person obligated on the promissory note or the account

debtor;

     (2) Does not impose a duty or obligation on the person obligated on the promissory note

or the account debtor;

     (3) Does not require the person obligated on the promissory note or the account debtor to

recognize the security interest, pay or render performance to the secured party, or accept payment

or performance from the secured party;

     (4) Does not entitle the secured party to use or assign the debtor’s rights under the

promissory note, health-care-insurance receivable, or general intangible, including any related

information or materials furnished to the debtor in the transaction giving rise to the promissory

note, health-care-insurance receivable, or general intangible;

     (5) Does not entitle the secured party to use, assign, possess, or have access to any trade

secrets or confidential information of the person obligated on the promissory note or the account

debtor; and

     (6) Does not entitle the secured party to enforce the security interest in the promissory note,

health-care-insurance receivable, or general intangible.

     (e) Section prevails over inconsistent law. This section prevails over any statutes, rules,

and regulations inconsistent with this section.

     (f) Inapplicability to interests in certain entities. This section does not apply to a security

interest in an ownership interest in a general partnership, limited partnership, or limited liability

company.

     (g) "Promissory note." In this section, "promissory note" includes a negotiable instrument

that evidences chattel paper.

 

291)

Section

Amended By Chapter Numbers:

 

6A-9-509

65 and 66

 

 

6A-9-509. Persons entitled to file a record.

     (a) Person entitled to file record. A person may file an initial financing statement,

amendment that adds collateral covered by a financing statement, or amendment that adds a debtor

to a financing statement only if:

     (1) The debtor authorizes the filing in an authenticated a signed record or pursuant to

subsection (b) or (c); or

     (2) The person holds an agricultural lien that has become effective at the time of filing and

the financing statement covers only collateral in which the person holds an agricultural lien.

     (b) Security agreement as authorization. By authenticating signing or becoming bound as

debtor by a security agreement, a debtor or new debtor authorizes the filing of an initial financing

statement, and an amendment, covering:

     (1) The collateral described in the security agreement; and

     (2) Property that becomes collateral under § 6A-9-315(a)(2), whether or not the security

agreement expressly covers proceeds.

     (c) Acquisition of collateral as authorization. By acquiring collateral in which a security

interest or agricultural lien continues under § 6A-9-315(a)(1), a debtor authorizes the filing of an

initial financing statement, and an amendment, covering the collateral and property that becomes

collateral under § 6A-9-315(a)(2).

     (d) Person entitled to file certain amendments. A person may file an amendment other than

an amendment that adds collateral covered by a financing statement or an amendment that adds a

debtor to a financing statement only if:

     (1) The secured party of record authorizes the filing; or

     (2) The amendment is a termination statement for a financing statement as to which the

secured party of record has failed to file or send a termination statement as required by § 6A-9-

513(a) or (c), the debtor authorizes the filing, and the termination statement indicates that the debtor

authorized it to be filed.

     (e) Multiple secured parties of record. If there is more than one secured party of record for

a financing statement, each secured party of record may authorize the filing of an amendment under

subsection (d).

 

292)

Section

Amended By Chapter Numbers:

 

6A-9-513

65 and 66

 

 

6A-9-513. Termination statement.

     (a) Consumer goods. A secured party shall cause the secured party of record for a financing

statement to file a termination statement for the financing statement if the financing statement

covers consumer goods and:

     (1) There is no obligation secured by the collateral covered by the financing statement and

no commitment to make an advance, incur an obligation, or otherwise give value; or

     (2) The debtor did not authorize the filing of the initial financing statement.

     (b) Time for compliance with subsection (a). To comply with subsection (a), a secured

party shall cause the secured party of record to file the termination statement:

     (1) Within one month after there is no obligation secured by the collateral covered by the

financing statement and no commitment to make an advance, incur an obligation, or otherwise give

value; or

     (2) If earlier, within twenty (20) days after the secured party receives an authenticated a

signed demand from a debtor.

     (c) Other collateral. In cases not governed by subsection (a), within 20 days after a secured

party receives an authenticated a signed demand from a debtor, the secured party shall cause the

secured party of record for a financing statement to send to the debtor a termination statement for

the financing statement or file the termination statement in the filing office if:

     (1) Except in the case of a financing statement covering accounts or chattel paper that has

been sold or goods that are the subject of a consignment, there is no obligation secured by the

collateral covered by the financing statement and no commitment to make an advance, incur an

obligation, or otherwise give value;

     (2) The financing statement covers accounts or chattel paper that has been sold but as to

which the account debtor or other person obligated has discharged its obligation;

     (3) The financing statement covers goods that were the subject of a consignment to the

debtor but are not in the debtor’s possession; or

     (4) The debtor did not authorize the filing of the initial financing statement.

     (d) Effect of filing termination statement. Except as otherwise provided in § 6A-9-510,

upon the filing of a termination statement with the filing office, the financing statement to which

the termination statement relates ceases to be effective. Except as otherwise provided in § 6A-9-

510, for purposes of §§ 6A-9-519(g), 6A-9-522(a), and 6A-9-523(c), the filing with the filing office

of a termination statement relating to a financing statement that indicates that the debtor is a

transmitting utility also causes the effectiveness of the financing statement to lapse.

 

293)

Section

Amended By Chapter Numbers:

 

6A-9-601

65 and 66

 

 

6A-9-601. Rights after default; judicial enforcement; consignor or buyer of accounts,

chattel paper, payment intangibles, or promissory notes.

     (a) Rights of secured party after default. After default, a secured party has the rights

provided in this part and, except as otherwise provided in § 6A-9-602, those provided by agreement

of the parties. A secured party:

     (1) May reduce a claim to judgment, foreclose, or otherwise enforce the claim, security

interest, or agricultural lien by any available judicial procedure; and

     (2) If the collateral is documents, may proceed either as to the documents or as to the goods

they cover.

     (b) Rights and duties of secured party in possession or control. A secured party in

possession of collateral or control of collateral under § 6A-7-106, § 6A-9-104, § 6A-9-105, § 6A-

9-105.1, § 6A-9-106, or § 6A-9-107, or § 6A-9-107.1 has the rights and duties provided in § 6A-9-

207.

     (c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and (b) are

cumulative and may be exercised simultaneously.

     (d) Rights of debtor and obligor. Except as otherwise provided in subsection (g) and § 6A-

9-605, after default, a debtor and an obligor have the rights provided in this part and by agreement

of the parties.

     (e) Lien of levy after judgment. If a secured party has reduced its claim to judgment, the

lien of any levy that may be made upon the collateral by virtue of an execution based upon the

judgment relates back to the earliest of:

     (1) The date of perfection of the security interest or agricultural lien in the collateral;

     (2) The date of filing a financing statement covering the collateral; or

     (3) Any date specified in a statute under which the agricultural lien was created.

     (f) Execution sale. A sale pursuant to an execution is a foreclosure of the security interest

or agricultural lien by judicial procedure within the meaning of this section. A secured party may

purchase at the sale and thereafter hold the collateral free of any other requirements of this chapter.

     (g) Consignor or buyer of certain rights to payment. Except as otherwise provided in § 6A-

9-607(c), this part imposes no duties upon a secured party that is a consignor or is a buyer of

accounts, chattel paper, payment intangibles, or promissory notes.

 

294)

Section

Amended By Chapter Numbers:

 

6A-9-605

65 and 66

 

 

6A-9-605. Unknown debtor or secondary obligor.

     A(a) In general: No duty owed by secured party. Except as provided in subsection (b) of

this section, a secured party does not owe a duty based on its status as secured party:

     (1) To a person that is a debtor or obligor, unless the secured party knows:

     (i) That the person is a debtor or obligor;

     (ii) The identity of the person; and

     (iii) How to communicate with the person; or

     (2) To a secured party or lienholder that has filed a financing statement against a person,

unless the secured party knows:

     (i) That the person is a debtor; and

     (ii) The identity of the person.

     (b) Exception: Secured party owes duty to debtor or obligor. A secured party owes a duty

based on its status as a secured party to a person if, at the time the secured party obtains control of

collateral that is a controllable account, controllable electronic record, or controllable payment

intangible or at the time the security interest attaches to the collateral, whichever is later:

     (1) The person is a debtor or obligor; and

     (2) The secured party knows that the information in subsection (a)(1)(i), (ii), or (iii) of this

section relating to the person is not provided by the collateral, a record attached to or logically

associated with the collateral, or the system in which the collateral is recorded.

 

 

 

 

 

 

 

295)

Section

Amended By Chapter Numbers:

 

6A-9-608

65 and 66

 

 

6A-9-608. Application of proceeds of collection or enforcement; liability for deficiency

and right to surplus.

     (a) Application of proceeds, surplus, and deficiency if obligation secured. If a security

interest or agricultural lien secures payment or performance of an obligation, the following rules

apply:

     (1) A secured party shall apply or pay over for application the cash proceeds of collection

or enforcement under § 6A-9-607 in the following order to:

     (i) The reasonable expenses of collection and enforcement and, to the extent provided for

by agreement and not prohibited by law, reasonable attorney’s fees and legal expenses incurred by

the secured party;

     (ii) The satisfaction of obligations secured by the security interest or agricultural lien under

which the collection or enforcement is made; and

     (iii) The satisfaction of obligations secured by any subordinate security interest in or other

lien on the collateral subject to the security interest or agricultural lien under which the collection

or enforcement is made if the secured party receives an authenticated a signed demand for proceeds

before distribution of the proceeds is completed.

     (2) If requested by a secured party, a holder of a subordinate security interest or other lien

shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder

complies, the secured party need not comply with the holder’s demand under paragraph (1)(iii).

     (3) A secured party need not apply or pay over for application noncash proceeds of

collection and enforcement under § 6A-9-607 unless the failure to do so would be commercially

unreasonable. A secured party that applies or pays over for application noncash proceeds shall do

so in a commercially reasonable manner.

     (4) A secured party shall account to and pay a debtor for any surplus, and the obligor is

liable for any deficiency.

     (b) No surplus or deficiency in sales of certain rights to payment. If the underlying

transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes, the debtor

is not entitled to any surplus, and the obligor is not liable for any deficiency.

 

296)

Section

Amended By Chapter Numbers:

 

6A-9-611

65 and 66

 

 

6A-9-611. Notification before disposition of collateral.

     (a) “Notification date.” In this section, “notification date” means the earlier of the date on

which:

     (1) A secured party sends to the debtor and any secondary obligor an authenticated a signed

notification of disposition; or

     (2) The debtor and any secondary obligor waive the right to notification.

     (b) Notification of disposition required. Except as otherwise provided in subsection (d), a

secured party that disposes of collateral under § 6A-9-610 shall send to the persons specified in

subsection (c) a reasonable authenticated signed notification of disposition.

     (c) Persons to be notified. To comply with subsection (b), the secured party shall send an

authenticated a signed notification of disposition to:

     (1) The debtor;

     (2) Any secondary obligor; and

     (3) If the collateral is other than consumer goods:

     (i) Any other person from which the secured party has received, before the notification

date, an authenticated a signed notification of a claim of an interest in the collateral;

     (ii) Any other secured party or lienholder that, 10 days before the notification date, held a

security interest in or other lien on the collateral perfected by the filing of a financing statement

that:

     (A) Identified the collateral;

     (B) Was indexed under the debtor’s name as of that date; and

     (C) Was filed in the office in which to file a financing statement against the debtor covering

the collateral as of that date; and

     (iii) Any other secured party that, 10 days before the notification date, held a security

interest in the collateral perfected by compliance with a statute, regulation, or treaty described in §

6A-9-311(a).

     (d) Subsection (b) inapplicable: perishable collateral; recognized market. Subsection (b)

does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type

customarily sold on a recognized market.

     (e) Compliance with subsection (c)(3)(ii). A secured party complies with the requirement

for notification prescribed by subsection (c)(3)(ii) if:

     (1) Not later than 20 days or earlier than 30 days before the notification date, the secured

party requests, in a commercially reasonable manner, information concerning financing statements

indexed under the debtor’s name in the office indicated in subsection (c)(3)(ii); and

     (2) Before the notification date, the secured party:

     (i) Did not receive a response to the request for information; or

     (ii) Received a response to the request for information and sent an authenticated a signed

notification of disposition to each secured party or other lienholder named in that response whose

financing statement covered the collateral.

 

297)

Section

Amended By Chapter Numbers:

 

6A-9-613

65 and 66

 

 

6A-9-613. Contents and form of notification before disposition of collateral —

General.

     (a) Contents and form of notification. Except in a consumer-goods transaction, the

following rules apply:

     (1) The contents of a notification of disposition are sufficient if the notification:

     (i) Describes the debtor and the secured party;

     (ii) Describes the collateral that is the subject of the intended disposition;

     (iii) States the method of intended disposition;

     (iv) States that the debtor is entitled to an accounting of the unpaid indebtedness and states

the charge, if any, for an accounting; and

     (v) States the time and place of a public disposition or the time after which any other

disposition is to be made.

     (2) Whether the contents of a notification that lacks any of the information specified in

paragraph (1) are nevertheless sufficient is a question of fact.

     (3) The contents of a notification providing substantially the information specified in

paragraph (1) are sufficient, even if the notification includes:

     (i) Information not specified by that paragraph; or

     (ii) Minor errors that are not seriously misleading.

     (4) A particular phrasing of the notification is not required.

     (5) The following form of notification and the form appearing in § 6A-9-614(3) 6A-9-

614(a)(3), when completed in accordance with the instructions in subsection (b) of this section and

§ 6A-9-614(b), each provides sufficient information:

NOTIFICATION OF DISPOSITION OF COLLATERAL

To: [Name of debtor, obligor, or other person to which the notification is sent]

From: [Name, address, and telephone number of secured party]

Name of Debtor(s): [Include only if debtor(s) are not an addressee]

[For a public disposition:]

We will sell [or lease or license, as applicable] the [describe collateral] [to the highest qualified

bidder] in public as follows:

Day and Date:

Time:

Place:

[For a private disposition:]

We will sell [or lease or license, as applicable] the [describe collateral] privately sometime

after [day and date].

You are entitled to an accounting of the unpaid indebtedness secured by the property that

we intend to sell [or lease or license, as applicable] [for a charge of $ ]. You may request

an accounting by calling us at [telephone number]

End of Form

     (Date)

     NOTIFICATION OF DISPOSITION OF COLLATERAL

     To: (Name of debtor, obligor, or other person to which the notification is sent)

     From: (Name, address, and telephone number of secured party)

     (1){1} Name of any debtor that is not an addressee: (Name of each debtor)

     (2){2} We will sell (describe collateral) (to the highest qualified bidder) at public sale. A

sale could include a lease or license. The sale will be held as follows:

     (Date)

     (Time)

     (Place)

     (3){3} We will sell (describe collateral) at private sale sometime after (date). A sale could

include a lease or license.

     (4){4} You are entitled to an accounting of the unpaid indebtedness secured by the property

that we intend to sell or, as applicable, lease or license.

     (5){5} If you request an accounting you must pay a charge of $ (amount).

     (6){6} You may request an accounting by calling us at (telephone number).

     [End of Form]

     (b) Instructions for form of notification. The following instructions apply to the form of

notification in subsection (a)(5) of this section:

     (1) The instructions in this subsection refer to the numbers in braces before items in the

form of notification in subsection (a)(5) of this section. Do not include the numbers or braces in the

notification. The numbers and braces are used only for the purpose of these instructions.

     (2) Include and complete item (1){1} only if there is a debtor that is not an addressee of the

notification and list the name or names.

     (3) Include and complete either item (2){2}, if the notification relates to a public disposition

of the collateral, or item (3){3}, if the notification relates to a private disposition of the collateral.

If item (2){2} is included, include the words “to the highest qualified bidder” only if applicable.

     (4) Include and complete items (4){4} and (6){6}.

     (5) Include and complete item (5){5} only if the sender will charge the recipient for an

accounting.

 

298)

Section

Amended By Chapter Numbers:

 

6A-9-614

65 and 66

 

 

6A-9-614. Contents and form of notification before disposition of collateral —

Consumer-goods transaction.

     (a) Contents and form of notification. In a consumer-goods transaction, the following rules

apply:

     (1) A notification of disposition must provide the following information:

     (i) The information specified in § 6A-9-613(1) 6A-9-613(a)(1);

     (ii) A description of any liability for a deficiency of the person to which the notification is

sent;

     (iii) A telephone number from which the amount that must be paid to the secured party to

redeem the collateral under § 6A-9-623 is available; and

     (iv) A telephone number or mailing address from which additional information concerning

the disposition and the obligation secured is available.

     (2) A particular phrasing of the notification is not required.

     (3) The following form of notification, when completed in accordance with the instructions

in subsection (b) of this section, provides sufficient information:

     [Name and address of secured party]

     [Date]

NOTICE OF OUR PLAN TO SELL PROPERTY

[Name and address of any obligor who is also a debtor]

Subject: [Identification of Transaction]

We have your [describe collateral], because you broke promises in our agreement.

[For a public disposition:]

     We will sell [describe collateral] at public sale. A sale could include a lease or

license. The sale will be held as follows:

     Date:

     Time:

     Place:

     You may attend the sale and bring bidders if you want.

      [For a private disposition:]

     We will sell [describe collateral] at private sale sometime after [date]. A sale could include

a lease or license.

     The money that we get from the sale (after paying our costs) will reduce the amount you

owe. If we get less money than you owe, you [will or will not, as applicable] still owe us the

difference. If we get more money than you owe, you will get the extra money, unless we must pay

it to someone else.

     You can get the property back at any time before we sell it by paying us the full amount

you owe (not just the past due payments), including our expenses. To learn the exact amount you

must pay, call us at [telephone number].

     If you want us to explain to you in writing how we have figured the amount that you owe

us, you may call us at [telephone number] [or write us at [secured party’s address] ] and request a

written explanation. [We will charge you $ for the explanation if we sent you another written

explanation of the amount you owe us within the last six months.]

     If you need more information about the sale call us at [telephone number] [or write us at

[secured party’s address] ].

     We are sending this notice to the following other people who have an interest in [describe

collateral] or who owe money under your agreement:

     [Names of all other debtors and obligors, if any]

     [End of Form]

     (Name and address of secured party)

     (Date)

     NOTICE OF OUR PLAN TO SELL PROPERTY

     (Name and address of any obligor who is also a debtor)

     Subject: (Identify transaction)

     We have your (describe collateral), because you broke promises in our agreement.

     (1){1} We will sell (describe collateral) at public sale. A sale could include a lease or

license. The sale will be held as follows:

     (Date)

     (Time)

     (Place)

     You may attend the sale and bring bidders if you want.

     (2){2} We will sell (describe collateral) at private sale sometime after (date). A sale could

include a lease or license.

     (3){3} The money that we get from the sale, after paying our costs, will reduce the amount

you owe. If we get less money than you owe, you (will or will not, as applicable) still owe us the

difference. If we get more money than you owe, you will get the extra money, unless we must pay

it to someone else.

     (4){4} You can get the property back at any time before we sell it by paying us the full

amount you owe, not just the past due payments, including our expenses. To learn the exact amount

you must pay, call us at (telephone number).

     (5){5} If you want us to explain to you in (writing) (writing or in (description of electronic

record)) (description of electronic record) how we have figured the amount that you owe us, (6){6}

Call us at (telephone number) (or) (write us at (secured party’s address)) (or contact us by

(description of electronic communication method)) (7){7} and Request (a written explanation) (a

written explanation or an explanation in (description of electronic record)) (an explanation in

(description of electronic record)).

     (8){8} We will charge you $ (amount) for the explanation if we sent you another written

explanation of the amount you owe us within the last six (6) months.

     (9){9} If you need more information about the sale (call us at (telephone number)) (or)

(write us at (secured party’s address)) (or contact us by (description of electronic communication

method)).

     (10){10} We are sending this notice to the following other people who have an interest in

(describe collateral) or who owe money under your agreement:

     (Names of all other debtors and obligors, if any)

     [End of Form]

     (4) A notification in the form of paragraph (3) is sufficient, even if additional information

appears at the end of the form.

     (5) A notification in the form of paragraph (3) is sufficient, even if it includes errors in

information not required by paragraph (1), unless the error is misleading with respect to rights

arising under this chapter.

     (6) If a notification under this section is not in the form of paragraph (3), law other than

this chapter determines the effect of including information not required by paragraph (1).

     (b) Instructions for form of notification. The following instructions apply to the form of

notification in subsection (a)(3) of this section:

     (1) The instructions in this subsection refer to the numbers in braces before items in the

form of notification in subsection (a)(3) of this section. Do not include the numbers or braces in the

notification. The numbers and braces are used only for the purpose of these instructions.

     (2) Include and complete either item (1){1}, if the notification relates to a public disposition

of the collateral, or item (2){2}, if the notification relates to a private disposition of the collateral.

     (3) Include and complete items (3){3}, (4){4}, (5){5}, (6){6}, and (7){7}.

     (4) In item (5){5}, include and complete any one of the three (3) alternative methods for

the explanation—writing, writing or electronic record, or electronic record.

     (5) In item (6){6}, include the telephone number. In addition, the sender may include and

complete either or both of the two (2) additional alternative methods of communication—writing

or electronic communication—for the recipient of the notification to communicate with the sender.

Neither of the two additional methods of communication is required to be included.

     (6) In item (7){7}, include and complete the method or methods for the explanation—

writing, writing or electronic record, or electronic record—included in item (5){5}.

     (7) Include and complete item (8){8} only if a written explanation is included in item (5){5}

as a method for communicating the explanation and the sender will charge the recipient for another

written explanation.

     (8) In item (9){9}, include either the telephone number or the address or both the telephone

number and the address. In addition, the sender may include and complete the additional method

of communication—electronic communication—for the recipient of the notification to

communicate with the sender. The additional method of electronic communication is not required

to be included.

     (9) If item (10){10} does not apply, insert “None” after “agreement:”.

 

299)

Section

Amended By Chapter Numbers:

 

6A-9-615

65 and 66

 

 

6A-9-615. Application of proceeds of disposition; liability for deficiency and right to

surplus.

     (a) Application of proceeds. A secured party shall apply or pay over for application the

cash proceeds of disposition under § 6A-9-610 in the following order to:

     (1) The reasonable expenses of retaking, holding, preparing for disposition, processing,

and disposing, and, to the extent provided for by agreement and not prohibited by law, reasonable

attorney’s fees and legal expenses incurred by the secured party;

     (2) The satisfaction of obligations secured by the security interest or agricultural lien under

which the disposition is made;

     (3) The satisfaction of obligations secured by any subordinate security interest in or other

subordinate lien on the collateral if:

     (i) The secured party receives from the holder of the subordinate security interest or other

lien an authenticated a signed demand for proceeds before distribution of the proceeds is completed;

and

     (ii) In a case in which a consignor has an interest in the collateral, the subordinate security

interest or other lien is senior to the interest of the consignor; and

     (4) A secured party that is a consignor of the collateral if the secured party receives from

the consignor an authenticated a signed demand for proceeds before distribution of the proceeds is

completed.

     (b) Proof of subordinate interest. If requested by a secured party, a holder of a subordinate

security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable

time. Unless the holder does so, the secured party need not comply with the holder’s demand under

subsection (a)(3).

     (c) Application of noncash proceeds. A secured party need not apply or pay over for

application noncash proceeds of disposition under § 6A-9-610 unless the failure to do so would be

commercially unreasonable. A secured party that applies or pays over for application noncash

proceeds shall do so in a commercially reasonable manner.

     (d) Surplus or deficiency if obligation secured. If the security interest under which a

disposition is made secures payment or performance of an obligation, after making the payments

and applications required by subsection (a) and permitted by subsection (c):

     (1) Unless subsection (a)(4) requires the secured party to apply or pay over cash proceeds

to a consignor, the secured party shall account to and pay a debtor for any surplus; and

     (2) The obligor is liable for any deficiency.

     (e) No surplus or deficiency in sales of certain rights to payment. If the underlying

transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes:

     (1) The debtor is not entitled to any surplus; and

     (2) The obligor is not liable for any deficiency.

     (f) Calculation of surplus or deficiency in disposition to person related to secured party.

The surplus or deficiency following a disposition is calculated based on the amount of proceeds

that would have been realized in a disposition complying with this part to a transferee other than

the secured party, a person related to the secured party, or a secondary obligor if:

     (1) The transferee in the disposition is the secured party, a person related to the secured

party, or a secondary obligor; and

     (2) The amount of proceeds of the disposition is significantly below the range of proceeds

that a complying disposition to a person other than the secured party, a person related to the secured

party, or a secondary obligor would have brought.

     (g) Cash proceeds received by junior secured party. A secured party that receives cash

proceeds of a disposition in good faith and without knowledge that the receipt violates the rights of

the holder of a security interest or other lien that is not subordinate to the security interest or

agricultural lien under which the disposition is made:

     (1) Takes the cash proceeds free of the security interest or other lien;

     (2) Is not obligated to apply the proceeds of the disposition to the satisfaction of obligations

secured by the security interest or other lien; and

     (3) Is not obligated to account to or pay the holder of the security interest or other lien for

any surplus.

 

300)

Section

Amended By Chapter Numbers:

 

6A-9-616

65 and 66

 

 

6A-9-616. Explanation of calculation of surplus or deficiency.

     (a) Definitions. In this section:

     (1) “Explanation” means a writing record that:

     (i) States the amount of the surplus or deficiency;

     (ii) Provides an explanation in accordance with subsection (c) of how the secured party

calculated the surplus or deficiency;

     (iii) States, if applicable, that future debits, credits, charges, including additional credit

service charges or interest, rebates, and expenses may affect the amount of the surplus or

deficiency; and

     (iv) Provides a telephone number or mailing address from which additional information

concerning the transaction is available.

     (2) “Request” means a record:

     (i) Authenticated Signed by a debtor or consumer obligor;

     (ii) Requesting that the recipient provide an explanation; and

     (iii) Sent after disposition of the collateral under § 6A-9-610.

     (b) Explanation of calculation. In a consumer-goods transaction in which the debtor is

entitled to a surplus or a consumer obligor is liable for a deficiency under § 6A-9-615, the secured

party shall:

     (1) Send an explanation to the debtor or consumer obligor, as applicable, after the

disposition and:

     (i) Before or when the secured party accounts to the debtor and pays any surplus or first

makes written demand in a record on the consumer obligor after the disposition for payment of the

deficiency; and

     (ii) Within 14 days after receipt of a request; or

     (2) In the case of a consumer obligor who is liable for a deficiency, within 14 days after

receipt of a request, send to the consumer obligor a record waiving the secured party’s right to a

deficiency.

     (c) Required information. To comply with subsection (a)(1)(ii), a writing an explanation

must provide the following information in the following order:

     (1) The aggregate amount of obligations secured by the security interest under which the

disposition was made, and, if the amount reflects a rebate of unearned interest or credit service

charge, an indication of that fact, calculated as of a specified date:

     (i) If the secured party takes or receives possession of the collateral after default, not more

than 35 days before the secured party takes or receives possession; or

     (ii) If the secured party takes or receives possession of the collateral before default or does

not take possession of the collateral, not more than 35 days before the disposition;

     (2) The amount of proceeds of the disposition;

     (3) The aggregate amount of the obligations after deducting the amount of proceeds;

     (4) The amount, in the aggregate or by type, and types of expenses, including expenses of

retaking, holding, preparing for disposition, processing, and disposing of the collateral, and

attorney’s fees secured by the collateral which are known to the secured party and relate to the

current disposition;

     (5) The amount, in the aggregate or by type, and types of credits, including rebates of

interest or credit service charges, to which the obligor is known to be entitled and which are not

reflected in the amount in paragraph (1); and

     (6) The amount of the surplus or deficiency.

     (d) Substantial compliance. A particular phrasing of the explanation is not required. An

explanation complying substantially with the requirements of subsection (a) is sufficient, even if it

includes minor errors that are not seriously misleading.

     (e) Charges for responses. A debtor or consumer obligor is entitled without charge to one

response to a request under this section during any six-month period in which the secured party did

not send to the debtor or consumer obligor an explanation pursuant to subsection (b)(1). The

secured party may require payment of a charge not exceeding $ 25 for each additional response.

 

301)

Section

Amended By Chapter Numbers:

 

6A-9-619

65 and 66

 

 

6A-9-619. Transfer of record or legal title.

     (a) “Transfer statement.” In this section, “transfer statement” means a record authenticated

signed by a secured party stating:

     (1) That the debtor has defaulted in connection with an obligation secured by specified

collateral;

     (2) That the secured party has exercised its post-default remedies with respect to the

collateral;

     (3) That, by reason of the exercise, a transferee has acquired the rights of the debtor in the

collateral; and

     (4) The name and mailing address of the secured party, debtor, and transferee.

     (b) Effect of transfer statement. A transfer statement entitles the transferee to the transfer

of record of all rights of the debtor in the collateral specified in the statement in any official filing,

recording, registration, or certificate-of-title system covering the collateral. If a transfer statement

is presented with the applicable fee and request form to the official or office responsible for

maintaining the system, the official or office shall:

     (1) Accept the transfer statement;

     (2) Promptly amend its records to reflect the transfer; and

     (3) If applicable, issue a new appropriate certificate of title in the name of the transferee.

     (c) Transfer not a disposition; no relief of secured party’s duties. A transfer of the record

or legal title to collateral to a secured party under subsection (b) or otherwise is not of itself a

disposition of collateral under this chapter and does not of itself relieve the secured party of its

duties under this chapter.

 

302)

Section

Amended By Chapter Numbers:

 

6A-9-620

65 and 66

 

 

6A-9-620. Acceptance of collateral in full or partial satisfaction of obligation;

compulsory disposition of collateral.

     (a) Conditions to acceptance in satisfaction. Except as otherwise provided in subsection

(g), a secured party may accept collateral in full or partial satisfaction of the obligation it secures

only if:

     (1) The debtor consents to the acceptance under subsection (c);

     (2) The secured party does not receive, within the time set forth in subsection (d), a

notification of objection to the proposal authenticated signed by:

     (i) A person to which the secured party was required to send a proposal under § 6A-9-621;

or

     (ii) Any other person, other than the debtor, holding an interest in the collateral subordinate

to the security interest that is the subject of the proposal;

     (3) If the collateral is consumer goods, the collateral is not in the possession of the debtor

when the debtor consents to the acceptance; and

     (4) Subsection (e) does not require the secured party to dispose of the collateral or the

debtor waives the requirement pursuant to § 6A-9-624.

     (b) Purported acceptance ineffective. A purported or apparent acceptance of collateral

under this section is ineffective unless:

     (1) The secured party consents to the acceptance in an authenticateda signed record or

sends a proposal to the debtor; and

     (2) The conditions of subsection (a) are met.

     (c) Debtor’s consent. For purposes of this section:

     (1) A debtor consents to an acceptance of collateral in partial satisfaction of the obligation

it secures only if the debtor agrees to the terms of the acceptance in a record authenticated signed

after default; and

     (2) A debtor consents to an acceptance of collateral in full satisfaction of the obligation it

secures only if the debtor agrees to the terms of the acceptance in a record authenticated signed

after default or the secured party:

     (i) Sends to the debtor after default a proposal that is unconditional or subject only to a

condition that collateral not in the possession of the secured party be preserved or maintained;

     (ii) In the proposal, proposes to accept collateral in full satisfaction of the obligation it

secures; and

     (iii) Does not receive a notification of objection authenticated signed by the debtor within

20 days after the proposal is sent.

     (d) Effectiveness of notification. To be effective under subsection (a)(2), a notification of

objection must be received by the secured party:

     (1) In the case of a person to which the proposal was sent pursuant to § 6A-9-621, within

20 days after notification was sent to that person; and

     (2) In other cases:

     (i) Within 20 days after the last notification was sent pursuant to § 6A-9-621; or

     (ii) If a notification was not sent, before the debtor consents to the acceptance under

subsection (c).

     (e) Mandatory disposition of consumer goods. A secured party that has taken possession

of collateral shall dispose of the collateral pursuant to § 6A-9-610 within the time specified in

subsection (f) if:

     (1) 60 percent of the cash price has been paid in the case of a purchase-money security

interest in consumer goods; or

     (2) 60 percent of the principal amount of the obligation secured has been paid in the case

of a non-purchase-money security interest in consumer goods.

     (f) Compliance with mandatory disposition requirement. To comply with subsection (e),

the secured party shall dispose of the collateral:

     (1) Within 90 days after taking possession; or

     (2) Within any longer period to which the debtor and all secondary obligors have agreed in

an agreement to that effect entered into and authenticated signed after default.

     (g) No partial satisfaction in consumer transaction. In a consumer transaction, a secured

party may not accept collateral in partial satisfaction of the obligation it secures.

 

 

 

303)

Section

Amended By Chapter Numbers:

 

6A-9-621

65 and 66

 

 

6A-9-621. Notification of proposal to accept collateral.

     (a) Persons to which proposal to be sent. A secured party that desires to accept collateral

in full or partial satisfaction of the obligation it secures shall send its proposal to:

     (1) Any person from which the secured party has received, before the debtor consented to

the acceptance, an authenticated a signed notification of a claim of an interest in the collateral;

     (2) Any other secured party or lienholder that, 10 days before the debtor consented to the

acceptance, held a security interest in or other lien on the collateral perfected by the filing of a

financing statement that:

     (i) Identified the collateral;

     (ii) Was indexed under the debtor’s name as of that date; and

     (iii) Was filed in the office or offices in which to file a financing statement against the

debtor covering the collateral as of that date; and

     (3) Any other secured party that, 10 days before the debtor consented to the acceptance,

held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty

described in § 6A-9-311(a).

     (b) Proposal to be sent to secondary obligor in partial satisfaction. A secured party that

desires to accept collateral in partial satisfaction of the obligation it secures shall send its proposal

to any secondary obligor in addition to the persons described in subsection (a).

 

304)

Section

Amended By Chapter Numbers:

 

6A-9-624

65 and 66

 

 

6A-9-624. Waiver.

     (a) Waiver of disposition notification. A debtor or secondary obligor may waive the right

to notification of disposition of collateral under § 6A-9-611 only by an agreement to that effect

entered into and authenticated signed after default.

     (b) Waiver of mandatory disposition. A debtor may waive the right to require disposition

of collateral under § 6A-9-620(e) only by an agreement to that effect entered into and authenticated

signed after default.

     (c) Waiver of redemption right. Except in a consumer-goods transaction, a debtor or

secondary obligor may waive the right to redeem collateral under § 6A-9-623 only by an agreement

to that effect entered into and authenticated signed after default.

 

305)

Section

Amended By Chapter Numbers:

 

6A-9-628

65 and 66

 

 

6A-9-628. Nonliability and limitation on liability of secured party; liability of

secondary obligor.

     (a) Limitation of liability of secured party for noncompliance with chapter. Unless Subject

to subsection (f) of this section, unless a secured party knows that a person is a debtor or obligor,

knows the identity of the person, and knows how to communicate with the person:

     (1) The secured party is not liable to the person, or to a secured party or lienholder that has

filed a financing statement against the person, for failure to comply with this chapter; and

     (2) The secured party’s failure to comply with this chapter does not affect the liability of

the person for a deficiency.

     (b) Limitation of liability based on status as secured party. A Subject to subsection (f) of

this section, a secured party is not liable because of its status as secured party:

     (1) To a person that is a debtor or obligor, unless the secured party knows:

     (i) That the person is a debtor or obligor;

     (ii) The identity of the person; and

     (iii) How to communicate with the person; or

     (2) To a secured party or lienholder that has filed a financing statement against a person,

unless the secured party knows:

     (i) That the person is a debtor; and

     (ii) The identity of the person.

     (c) Limitation of liability if reasonable belief that transaction not a consumer-goods

transaction or consumer transaction. A secured party is not liable to any person, and a person’s

liability for a deficiency is not affected, because of any act or omission arising out of the secured

party’s reasonable belief that a transaction is not a consumer-goods transaction or a consumer

transaction or that goods are not consumer goods, if the secured party’s belief is based on its

reasonable reliance on:

     (1) A debtor’s representation concerning the purpose for which collateral was to be used,

acquired, or held; or

     (2) An obligor’s representation concerning the purpose for which a secured obligation was

incurred.

     (d) Limitation of liability for statutory damages. A secured party is not liable to any person

under § 6A-9-625(c)(2) for its failure to comply with § 6A-9-616.

     (e) Limitation of multiple liability for statutory damages. A secured party is not liable under

§ 6A-9-625(c)(2) more than once with respect to any one secured obligation.

     (f) Exception: Limitation of liability under subsections (a) and (b) of this section does not

apply. Subsections (a) and (b) of this section do not apply to limit the liability of a secured party to

a person if, at the time the secured party obtains control of collateral that is a controllable account,

controllable electronic record, or controllable payment intangible or at the time the security interest

attaches to the collateral, whichever is later:

     (1) The person is a debtor or obligor; and

     (2) The secured party knows that the information in subsection (b)(1)(i), (ii), or (iii) of this

section relating to the person is not provided by the collateral, a record attached to or logically

associated with the collateral, or the system in which the collateral is recorded.

 

306)

Section

Added By Chapter Numbers:

 

6A-11

65 and 66

 

 

CHAPTER 11

TRANSITIONAL PROVISIONS FOR UNIFORM COMMERCIAL CODE AMENDMENTS

(2022)

 

307)

Section

Added By Chapter Numbers:

 

6A-11. Part 1

65 and 66

 

 

PART 1

GENERAL PROVISIONS AND DEFINITIONS

 

 

 

 

 

 

308)

Section

Added By Chapter Numbers:

 

6A-11-101

65 and 66

 

 

6A-11-101. Short title.

     This chapter shall be known and may be cited as "Transitional Provisions for Uniform

Commercial Code Amendments (2022)".

 

309)

Section

Added By Chapter Numbers:

 

6A-11-102

65 and 66

 

 

6A-11-102. Definitions.

     (a) Chapter 11 of title 6A definitions. In this chapter:

     (1) “Adjustment date” means July 1, 2025.

     (2) “Amendatory act” means the public law by which this chapter is added to this title.

     (3) “Chapter 12” means chapter 12 of this title.

     (4) “Chapter 12 property” means a controllable account, controllable electronic record, or

controllable payment intangible.

     (b) Definitions in other chapters. The following definitions in other chapters of this title

apply to this chapter:

     “Controllable account” § 6A-9-102.

     “Controllable electronic record” § 6A-12-102.

     “Controllable payment intangible” § 6A-9-102.

     “Electronic money” § 6A-9-102.

     “Financing statement” § 6A-9-102.

     (c) Chapter 1 of this title 6Adefinitions and principles. Chapter 1 of this title 6Acontains

general definitions and principles of construction and interpretation applicable throughout this

chapter.

 

310)

Section

Added By Chapter Numbers:

 

6A-11.Part 2

65 and 66

 

 

PART 2

GENERAL TRANSITIONAL PROVISION

 

311)

Section

Added By Chapter Numbers:

 

6A-11-201

65 and 66

 

 

6A-11-201. Saving Clause.

     Except as provided in Part 3 of this chapter, a transaction validly entered into before

January 1, 2024 and the rights, duties, and interests flowing from the transaction remain valid

thereafter and may be terminated, completed, consummated, or enforced as required or permitted

by law other than this title or, if applicable, this title, as though the amendatory act had not taken

effect.

 

 

 

312)

Section

Added By Chapter Numbers:

 

6A-11. Part 3

65 and 66

 

 

PART 3

TRANSITIONAL PROVISIONS FOR CHAPTERS 9 AND 12

 

313)

Section

Added By Chapter Numbers:

 

6A-11-301

65 and 66

 

 

6A-11-301. Saving Clause.

     (a) Pre-effective-date transaction, lien, or interest. Except as provided in this part, chapter

9 of this title as amended by the amendatory act and chapter 12 of this title apply to a transaction,

lien, or other interest in property, even if the transaction, lien, or interest was entered into, created,

or acquired before January 1, 2024.

     (b) Continuing validity. Except as provided in subsection (c) of this section and § 6A-11-

301302 through § 6A-11-306:

     (1) A transaction, lien, or interest in property that was validly entered into, created, or

transferred before January 1, 2024 and was not governed by this title, but would be subject to

chapter 9 of this title 6Aas amended by the amendatory act or chapter 12 of this title 6Aif it had

been entered into, created, or transferred on or after January 1, 2024, including the rights, duties,

and interests flowing from the transaction, lien, or interest, remains valid on and after January 1,

2024; and

     (2) The transaction, lien, or interest may be terminated, completed, consummated, and

enforced as required or permitted by the amendatory act or by the law that would apply if the

amendatory act had not taken effect.

     (c) Pre-effective-date proceeding. The amendatory act does not affect an action, case, or

proceeding commenced before January 1, 2024.

 

314)

Section

Added By Chapter Numbers:

 

6A-11-302

65 and 66

 

 

6A-11-302. Security interest perfected before effective date.

     (a) Continuing perfection: perfection requirements satisfied. A security interest that is

enforceable and perfected immediately before January 1, 2024, is a perfected security interest under

the amendatory act if, on January 1, 2024, the requirements for enforceability and perfection under

the amendatory act are satisfied without further action.

     (b) Continuing perfection: enforceability or perfection requirements not satisfied. If a

security interest is enforceable and perfected immediately before January 1, 2024, but the

requirements for enforceability or perfection under the amendatory act are not satisfied on January

1, 2024, the security interest:

     (1) Is a perfected security interest until the earlier of the time perfection would have ceased

under the law in effect immediately before January 1, 2024 or the adjustment date;

     (2) Remains enforceable thereafter only if the security interest satisfies the requirements

for enforceability under § 6A-9-203, as amended by the amendatory act, before the adjustment date;

and

     (3) Remains perfected thereafter only if the requirements for perfection under the

amendatory act are satisfied before the time specified in subsection (b)(1) of this section.

 

315)

Section

Added By Chapter Numbers:

 

6A-11-303

65 and 66

 

 

6A-11-303. Security interest unperfected before effective date.

     A security interest that is enforceable immediately before January 1, 2024, but is

unperfected at that time:

     (1) Remains an enforceable security interest until the adjustment date;

     (2) Remains enforceable thereafter if the security interest becomes enforceable under § 6A-

9-203, as amended by the amendatory act, on January 1, 2024, or before the adjustment date; and

     (3) Becomes perfected:

     (i) Without further action, on January 1, 2024, if the requirements for perfection under the

amendatory act are satisfied before or at that time; or

     (ii) When the requirements for perfection are satisfied if the requirements are satisfied after

that time.

 

316)

Section

Added By Chapter Numbers:

 

6A-11-304

65 and 66

 

 

6A-11-304. Effectiveness of actions taken before effective date.

     (a) Pre-effective-date action; attachment and perfection before adjustment date. If action,

other than the filing of a financing statement, is taken before January 1, 2024, and the action would

have resulted in perfection of the security interest had the security interest become enforceable

before January 1, 2024, the action is effective to perfect a security interest that attaches under the

amendatory act before the adjustment date. An attached security interest becomes unperfected on

the adjustment date unless the security interest becomes a perfected security interest under the

amendatory act before the adjustment date.

     (b) Pre-effective-date filing. The filing of a financing statement before January 1, 2024, is

effective to perfect a security interest on January 1, 2024, to the extent the filing would satisfy the

requirements for perfection under the amendatory act.

     (c) Pre-effective-date enforceability action. The taking of an action before January 1, 2024,

is sufficient for the enforceability of a security interest on January 1, 2024, if the action would

satisfy the requirements for enforceability under the amendatory act.

 

317)

Section

Added By Chapter Numbers:

 

6A-11-305

65 and 66

 

 

6A-11-305. Priority.

     (a) Determination of priority. Subject to subsections (b) and (c) of this section, the

amendatory act determines the priority of conflicting claims to collateral.

     (b) Established priorities. Subject to subsection (c) of this section, if the priorities of claims

to collateral were established before January 1, 2024, chapter 9 of this title 6Aas in effect before

January 1, 2024, determines priority.

     (c) Determination of certain priorities on adjustment date. On the adjustment date, to the

extent the priorities determined by chapter 9 of this title 6Aas amended by the amendatory act

modify the priorities established before January 1, 2024, the priorities of claims to chapter 12 of

this title 6Aproperty and electronic money established before January 1, 2024, cease to apply.

 

 

 

318)

Section

Added By Chapter Numbers:

 

6A-11-306

65 and 66

 

 

6A-11-306. Priority of claims when priority rules of chapter 9 do not apply.

     (a) Determination of priority. Subject to subsections (b) and (c) of this section, chapter 12

of this title 6Adetermines the priority of conflicting claims to chapter 12 of this title 6Aproperty

when the priority rules of chapter 9 of this title 6Aas amended by the amendatory act do not apply.

     (b) Established priorities. Subject to subsection (c) of this section, when the priority rules

of chapter 9 of this title 6Aas amended by the amendatory act do not apply and the priorities of

claims to chapter 12 of this title 6Aproperty were established before January 1, 2024, law other

than chapter 12 of this title 6Adetermines priority.

     (c) Determination of certain priorities on adjustment date. When the priority rules of

chapter 9 of this title 6 Aas amended by the amendatory act do not apply, to the extent the priorities

determined by the amendatory act modify the priorities established before January 1, 2024, the

priorities of claims to Chapter 12 of this title 6Aproperty established before January 1, 2024, cease

to apply on the adjustment date.

 

319)

Section

Added By Chapter Numbers:

 

6A-11. Part 4

65 and 66

 

 

PART 4

OFFICIAL COMMENTS

 

320)

Section

Added By Chapter Numbers:

 

6A-11-401

65 and 66

 

 

6A-11-401. Official comments.

     It is the intention of the general assembly that the official comments to the Uniform

Commercial Code Amendments (2022) as approved and recommended for enactment in all the

States by the National Conference of Commissioners on Uniform State Laws in 2022 represent the

express legislative intent of the general assembly and shall be used as a guide for interpretation of

the provisions of this title.

 

321)

Section

Added By Chapter Numbers:

 

6A-12

65 and 66

 

 

CHAPTER 12

CONTROLLABLE ELECTRONIC RECORDS

 

322)

Section

Added By Chapter Numbers:

 

6A-12-101

65 and 66

 

 

6A-12-101. Short title.

     This chapter shall be known and may be cited as "Uniform Commercial Code-Controllable

Electronic Records."

 

323)

Section

Added By Chapter Numbers:

 

6A-12-102

65 and 66

 

 

6A-12-102. Definitions.

     (a) Chapter 12 of title 6A definitions. In this chapter:

     (1) “Controllable electronic record” means a record stored in an electronic medium that

can be subjected to control under § 6A-12-105. The term does not include a controllable account,

a controllable payment intangible, a deposit account, an electronic copy of a record evidencing

chattel paper, an electronic document of title, electronic money, investment property, or a

transferable record.

     (2) “Qualifying purchaser” means a purchaser of a controllable electronic record or an

interest in a controllable electronic record that obtains control of the controllable electronic record

for value, in good faith, and without notice of a claim of a property right in the controllable

electronic record.

     (3) “Transferable record” has the meaning provided for that term in:

     (i) Section 201(a)(1) of the Electronic Signatures in Global and National Commerce Act,

15 U.S.C. Section 7021(a)(1); or

     (ii) Section 42-127.1-16(a) of the Uniform Electronic Transactions Act.

     (4) “Value” has the meaning provided in § 6A-3-303(a), as if references in that subsection

to an “instrument” were references to a controllable account, controllable electronic record, or

controllable payment intangible.

     (b) Definitions in chapter 6A-9 of this title. The definitions in chapter 6A-9 of this title of

“account debtor”, “controllable account”, “controllable payment intangible”, “chattel paper”,

“deposit account”, “electronic money”, and “investment property” apply to this chapter.

     (c) Chapter 6A-1 of this title definitions and principles. Chapter 6A-1 of this title contains

general definitions and principles of construction and interpretation applicable throughout this

chapter.

 

324)

Section

Added By Chapter Numbers:

 

6A-12-103

65 and 66

 

 

6A-12-103. Relation to chapter 9 and consumer laws.

     (a) Chapter 6A-9 of this title governs in case of conflict. If there is conflict between this

chapter and Chapter 6A-9 of this title, Chapter 6A-9 of this title governs.

     (b) Applicable consumer law and other laws. A transaction subject to this chapter is subject

to:

     (1) Any applicable rule of law that establishes a different rule for consumers;

     (2) Any other statute or regulation that regulates the rates, charges, agreements, and

practices for loans, credit sales, or other extensions of credit; and

     (3) Any consumer-protection statute or regulation.

 

325)

Section

Added By Chapter Numbers:

 

6A-12-104

65 and 66

 

 

6A-12-104. Rights in controllable account, controllable electronic record, and

controllable payment intangible.

     (a) Applicability of section to controllable account and controllable payment intangible.

This section applies to the acquisition and purchase of rights in a controllable account or

controllable payment intangible, including the rights and benefits under subsections (c), (d), (e),

(g), and (h) of this section of a purchaser and qualifying purchaser, in the same manner this section

applies to a controllable electronic record.

     (b) Control of controllable account and controllable payment intangible. To determine

whether a purchaser of a controllable account or a controllable payment intangible is a qualifying

purchaser, the purchaser obtains control of the account or payment intangible if it obtains control

of the controllable electronic record that evidences the account or payment intangible.

     (c) Applicability of other law to acquisition of rights. Except as provided in this section,

law other than this chapter determines whether a person acquires a right in a controllable electronic

record and the right the person acquires.

     (d) Shelter principle and purchase of limited interest. A purchaser of a controllable

electronic record acquires all rights in the controllable electronic record that the transferor had or

had power to transfer, except that a purchaser of a limited interest in a controllable electronic record

acquires rights only to the extent of the interest purchased.

     (e) Rights of qualifying purchaser. A qualifying purchaser acquires its rights in the

controllable electronic record free of a claim of a property right in the controllable electronic record.

     (f) Limitation of rights of qualifying purchaser in other property. Except as provided in

subsections (a) and (e) of this section for a controllable account and a controllable payment

intangible or law other than this chapter, a qualifying purchaser takes a right to payment, right to

performance, or other interest in property evidenced by the controllable electronic record subject

to a claim of a property right in the right to payment, right to performance, or other interest in

property.

     (g) No-action protection for qualifying purchaser. An action may not be asserted against a

qualifying purchaser based on both a purchase by the qualifying purchaser of a controllable

electronic record and a claim of a property right in another controllable electronic record, whether

the action is framed in conversion, replevin, constructive trust, equitable lien, or other theory.

     (h) Filing not notice. Filing of a financing statement under chapter 6A-9 of this title is not

notice of a claim of a property right in a controllable electronic record.

 

326)

Section

Added By Chapter Numbers:

 

6A-12-105

65 and 66

 

 

6A-12-105. Control of controllable electronic record.

     (a) General rule: control of controllable electronic record. A person has control of a

controllable electronic record if the electronic record, a record attached to or logically associated

with the electronic record, or a system in which the electronic record is recorded:

     (1) Gives the person:

     (i) Power to avail itself of substantially all the benefit from the electronic record; and

     (ii) Exclusive power, subject to subsection (b) of this section, to:

     (A) Prevent others from availing themselves of substantially all the benefit from the

electronic record; and

     (B) Transfer control of the electronic record to another person or cause another person to

obtain control of another controllable electronic record as a result of the transfer of the electronic

record; and

     (2) Enables the person readily to identify itself in any way, including by name, identifying

number, cryptographic key, office, or account number, as having the powers specified in subsection

(a)(1).

     (b) Meaning of exclusive. Subject to subsection (c) of this section, a power is exclusive

under subsection (a)(1)(ii)(A) and (B) of this section even if:

     (1) The controllable electronic record, a record attached to or logically associated with the

electronic record, or a system in which the electronic record is recorded, limits the use of the

electronic record or has a protocol programmed to cause a change, including a transfer or loss of

control or a modification of benefits afforded by the electronic record; or

     (2) The power is shared with another person.

     (c) When power not shared with another person. A power of a person is not shared with

another person under subsection (b)(2) of this section and the person’s power is not exclusive if:

     (1) The person can exercise the power only if the power also is exercised by the other

person; and

     (2) The other person:

     (i) Can exercise the power without exercise of the power by the person; or

     (ii) Is the transferor to the person of an interest in the controllable electronic record or a

controllable account or controllable payment intangible evidenced by the controllable electronic

record.

     (d) Presumption of exclusivity of certain powers. If a person has the powers specified in

subsection (a)(1)(ii)(A) and (B) of this section, the powers are presumed to be exclusive.

     (e) Control through another person. A person has control of a controllable electronic record

if another person, other than the transferor to the person of an interest in the controllable electronic

record or a controllable account or controllable payment intangible evidenced by the controllable

electronic record:

     (1) Has control of the electronic record and acknowledges that it has control on behalf of

the person; or

     (2) Obtains control of the electronic record after having acknowledged that it will obtain

control of the electronic record on behalf of the person.

     (f) No requirement to acknowledge. A person that has control under this section is not

required to acknowledge that it has control on behalf of another person.

     (g) No duties or confirmation. If a person acknowledges that it has or will obtain control

on behalf of another person, unless the person otherwise agrees or law other than this chapter or

chapter 6A-9 of this title otherwise provides, the person does not owe any duty to the other person

and is not required to confirm the acknowledgment to any other person.

 

327)

Section

Added By Chapter Numbers:

 

6A-12-106

65 and 66

 

 

6A-12-106. Discharge of account debtor on controllable account or controllable

payment intangible.

     (a) Discharge of account debtor. An account debtor on a controllable account or

controllable payment intangible may discharge its obligation by paying:

     (1) The person having control of the controllable electronic record that evidences the

controllable account or controllable payment intangible; or

     (2) Except as provided in subsection (b) of this section, a person that formerly had control

of the controllable electronic record.

     (b) Content and effect of notification. Subject to subsection (d) of this section, the account

debtor may not discharge its obligation by paying a person that formerly had control of the

controllable electronic record if the account debtor receives a notification that:

     (1) Is signed by a person that formerly had control or the person to which control was

transferred;

     (2) Reasonably identifies the controllable account or controllable payment intangible;

     (3) Notifies the account debtor that control of the controllable electronic record that

evidences the controllable account or controllable payment intangible was transferred;

     (4) Identifies the transferee, in any reasonable way, including by name, identifying number,

cryptographic key, office, or account number; and

     (5) Provides a commercially reasonable method by which the account debtor is to pay the

transferee.

     (c) Discharge following effective notification. After receipt of a notification that complies

with subsection (b) of this section, the account debtor may discharge its obligation by paying in

accordance with the notification and may not discharge the obligation by paying a person that

formerly had control.

     (d) When notification ineffective. Subject to subsection (h) of this section, notification is

ineffective under subsection (b) of this section:

     (1) Unless, before the notification is sent, the account debtor and the person that, at that

time, had control of the controllable electronic record that evidences the controllable account or

controllable payment intangible agree in a signed record to a commercially reasonable method by

which a person may furnish reasonable proof that control has been transferred;

     (2) To the extent an agreement between the account debtor and seller of a payment

intangible limits the account debtor’s duty to pay a person other than the seller and the limitation

is effective under law other than this chapter; or

     (3) At the option of the account debtor, if the notification notifies the account debtor to:

     (i) Divide a payment;

     (ii) Make less than the full amount of an installment or other periodic payment; or

     (iii) Pay any part of a payment by more than one method or to more than one person.

     (e) Proof of transfer of control. Subject to subsection (h) of this section, if requested by the

account debtor, the person giving the notification under subsection (b) of this section seasonably

shall furnish reasonable proof, using the method in the agreement referred to in subsection (d)(1)

of this section, that control of the controllable electronic record has been transferred. Unless the

person complies with the request, the account debtor may discharge its obligation by paying a

person that formerly had control, even if the account debtor has received a notification under

subsection (b) of this section.

     (f) What constitutes reasonable proof. A person furnishes reasonable proof under

subsection (e) of this section that control has been transferred if the person demonstrates, using the

method in the agreement referred to in subsection (d)(1) of this section, that the transferee has the

power to:

     (1) Avail itself of substantially all the benefit from the controllable electronic record;

     (2) Prevent others from availing themselves of substantially all the benefit from the

controllable electronic record; and

     (3) Transfer the powers specified in subsections (f)(1) and (f)(2) of this section to another

person.

     (g) Rights not waivable. Subject to subsection (h) of this section, an account debtor may

not waive or vary its rights under subsections (d)(1) and (e) of this section or its option under

subsection (d)(3) of this section.

     (h) Rule for individual under other law. This section is subject to law other than this chapter

which establishes a different rule for an account debtor who is an individual and who incurred the

obligation primarily for personal, family, or household purposes.

 

328)

Section

Added By Chapter Numbers:

 

6A-12-107

65 and 66

 

 

6A-12-107. Governing law.

     (a) Governing law: general rule. Except as provided in subsection (b) of this section, the

local law of a controllable electronic record’s jurisdiction governs a matter covered by this chapter.

     (b) Governing law: § 6A-12-106. For a controllable electronic record that evidences a

controllable account or controllable payment intangible, the local law of the controllable electronic

record’s jurisdiction governs a matter covered by § 6A-12-106 unless an effective agreement

determines that the local law of another jurisdiction governs.

     (c) Controllable electronic record’s jurisdiction. The following rules determine a

controllable electronic record’s jurisdiction under this section:

     (1) If the controllable electronic record, or a record attached to or logically associated with

the controllable electronic record and readily available for review, expressly provides that a

particular jurisdiction is the controllable electronic record’s jurisdiction for purposes of this chapter

or this title, that jurisdiction is the controllable electronic record’s jurisdiction.

     (2) If subsection (c)(1) of this section does not apply and the rules of the system in which

the controllable electronic record is recorded are readily available for review and expressly provide

that a particular jurisdiction is the controllable electronic record’s jurisdiction for purposes of this

chapter or this title, that jurisdiction is the controllable electronic record’s jurisdiction.

     (3) If subsections (c)(1) and (c)(2) of this section do not apply and the controllable

electronic record, or a record attached to or logically associated with the controllable electronic

record and readily available for review, expressly provides that the controllable electronic record

is governed by the law of a particular jurisdiction, that jurisdiction is the controllable electronic

record’s jurisdiction.

     (4) If subsections (c)(1), (c)(2) and (c)(3) of this section do not apply and the rules of the

system in which the controllable electronic record is recorded are readily available for review and

expressly provide that the controllable electronic record or the system is governed by the law of a

particular jurisdiction, that jurisdiction is the controllable electronic record’s jurisdiction.

     (5) If subsections (c)(1) through (c)(4) of this section do not apply, the controllable

electronic record’s jurisdiction is the District of Columbia.

     (d) Applicability of chapter 12. If subsection (c)(5) of this section applies and chapter 12

of title 6A is not in effect in the District of Columbia without material modification, the governing

law for a matter covered by this chapter is the law of the District of Columbia as though chapter 12

of title 6A were in effect in the District of Columbia without material modification. In this

subsection, “Chapter 12” means Article 12 of Uniform Commercial Code Amendments (2022).

     (e) Relation of matter or transaction to controllable electronic record’s jurisdiction not

necessary. To the extent subsections (a) and (b) of this section provide that the local law of the

controllable electronic record’s jurisdiction governs a matter covered by this chapter, that law

governs even if the matter or a transaction to which the matter relates does not bear any relation to

the controllable electronic record’s jurisdiction.

     (f) Rights of purchasers determined at time of purchase. The rights acquired under § 6A-

12-104 by a purchaser or qualifying purchaser are governed by the law applicable under this section

at the time of purchase.

 

 

 

 

329)

Section

Added By Chapter Numbers:

 

7-1.2-1805

148 and 150

 

 

7-1.2-1805. Confirmation of state fees and taxes.

     (a) Notwithstanding any other provisions of the general laws, when any section of this

chapter refers to state fees and/or taxes paid as required by § 44-11-2, 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

corporation has failed to pay any fees or taxes due to this state, the secretary of state shall issue

notice and begin revocation proceedings in accordance with the provisions of §§ 7-1.2-1310 or §

7-1.2-1414.

     (c) The notice of revocation may state as the basis for revocation that the taxpayer failed

to pay state fees and/or taxes as required by § 44-11-2 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 § 44-11-26.1 and refrain from disclosing any other specific tax information.

     (d) For filings remitted and recorded in accordance with any section of this chapter that

refer refers to state fees and/or taxes paid as required by § 44-11-2, the secretary of state's office

may request from the division of taxation a tax status check as outlined in subsection (a) of this

section. If the secretary of state's office receives notice from the division of taxation that the

corporation has failed to pay any fees or taxes due to this state, the secretary of state shall begin

revocation proceedings in accordance with subsections (b) and (c) of this section.

 

330)

Section

Amended By Chapter Numbers:

 

7-12.1-915

148 and 150

 

 

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 as required by § 7-12.1-914, 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 issue notice and 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-

916 and refrain from disclosing any other specific tax information.

     (d) The secretary of state's office may request from the division of taxation a tax status

check as outlined in subsection (a) of this section. 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 to this state as required by § 7-12.1-914, the secretary of state shall begin revocation

proceedings in accordance with subsections (b) and (c) of this section.

 

331)

Section

Amended By Chapter Numbers:

 

7-13.1-214

148 and 150

 

 

7-13.1-214. Confirmation of state fees and taxes.

     (a) Notwithstanding any other provisions of state law to the contrary the general laws, when

any section of this chapter refers to state fees and/or taxes paid as required by § 7-13.1-213, 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 partnership has failed to pay any fees or taxes due this state, the secretary

of state shall issue notice and 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.

     (d) The secretary of state's office may request from the division of taxation a tax status

check as outlined in subsection (a) of this section. If the secretary of state's office receives notice

from the division of taxation that the limited partnership has failed to pay any fees or taxes due to

this state as required by § 7-13.1-213, the secretary of state shall issue notice and begin revocation

proceedings in accordance with subsections (b) and (c) of this section.

 

332)

Section

Amended By Chapter Numbers:

 

7-16-67.1

148 and 150

 

 

7-16-67.1. Revocation of articles or authority to transact business for nonpayment of

fee.

     (a) The tax administrator may, after July 15 of each year, make up compile a list of all

limited liability companies that have failed to pay the fee defined in § 7-16-67 for one year after

the fee 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 § 7-16-41.

     (b) With respect to any information provided by the division of taxation to the secretary of

state 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 provisions of subsection (a) or (b) of this section, 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 as required by § 7-16-67. 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.

 

333)

Section

Added By Chapter Numbers:

 

7-16-77

148 and 150

 

 

7-16-77. Confirmation of state fees and taxes.

     (a) Notwithstanding any other provisions of the general laws, when any section of this

chapter refers to state fees and/or taxes paid as required by § 7-16-67, 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 to this state, the secretary of state

shall issue notice and begin revocation proceedings in accordance with the provisions of § 7-16-

41.

     (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 as required by § 7-16-67. However, the

secretary of state's office must otherwise protect all state and federal tax information in its custody

as required by § 7-16-67.1 and refrain from disclosing any other specific tax information.

     (d) For filings remitted and recorded in accordance with any section of this chapter that

refers to state fees and/or taxes paid as required by § 7-16-67, the secretary of state's office may

request from the division of taxation a tax status check as outlined in subsection (a) of this section.

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 to this state, the secretary of state shall begin

revocation proceedings in accordance with subsections (b) and (c) of this section.

 

334)

Section

Amended By Chapter Numbers:

 

8-8.1-3

282 and 283

 

 

8-8.1-3. Protective orders — Penalty — Jurisdiction.

     (a) A person suffering from domestic abuse may file a complaint in the district court

requesting any order that will protect her or him them from the abuse, including, but not limited

to, the following:

     (1) Ordering that the defendant be restrained and enjoined from contacting, assaulting,

molesting, or otherwise interfering with the plaintiff at home, on the street, or elsewhere;

     (2) Ordering the defendant to vacate the household forthwith, unless the defendant holds

sole legal interest in the household;

     (3) Upon motion by the plaintiff, his or her the plaintiff’s address shall be released only at

the discretion of the district court judge;

     (4) Ordering the defendant to surrender physical possession of all firearms in his or her

possession, care, custody, or control and shall further order a person restrained not to purchase or

receive, or attempt to purchase or receive, any firearms while the protective order is in effect. The

defendant shall surrender the firearms within twenty-four (24) hours of notice of the protective

order to the Rhode Island state police or local police department or to a federally licensed firearms

dealer.

     (i) A person ordered to surrender possession of any firearm(s) pursuant to this section shall,

within seventy-two (72) hours after being served with the order, either:

     (A) File with the court a receipt showing the firearm(s) was physically surrendered to the

Rhode Island state police or local police department, or to a federally licensed firearm dealer; or

     (B) Attest to the court that, at the time of the order, the person had no firearms in his or her

their immediate physical possession or control, or subject to his or her their immediate physical

possession or control, and that the person, at the time of the attestation, has no firearms in his or

her their immediate physical possession or control or subject to his or her their immediate physical

possession or control.

     (ii) If a person restrained under this section transfers a firearm(s) to a federally licensed

firearms dealer pursuant to this section, the person restrained under this section may instruct the

federally licensed firearms dealer to sell the firearm(s) or to transfer ownership in accordance with

state and federal law, to a qualified named individual who is not a member of the person’s dwelling

house, who is not related to the person by blood, marriage, or relationship as defined by § 15-15-

1(7), and who is not prohibited from possessing firearms under state or federal law. The owner of

any firearm(s) sold shall receive any financial value received from its sale, less the cost associated

with taking possession of, storing, and transferring of the firearm(s).

     (iii) Every individual to whom possession of a firearm(s) is transferred pursuant to this

subsection shall be prohibited from transferring or returning any firearm(s) to the person restrained

under this section while the protective order remains in effect and shall be informed of this

prohibition. Any knowing violation of this subsection is a felony that shall be punishable by a fine

of not more than one thousand dollars ($1,000), or by imprisonment for a term of not less than one

year and not more than five (5) years, or both.

     (iv) An individual to whom possession of a firearm(s) is transferred pursuant to this

subsection shall return a firearm(s) to the person formerly restrained under this section only if the

person formerly restrained under this section provides documentation issued by a court indicating

that the restraining order issued pursuant to this section that prohibited the person from purchasing,

carrying, transporting, or possessing firearms has expired and has not been extended.

     (b) After notice to the respondent and after a hearing, which shall be held within fifteen

(15) days of surrendering said firearms, the court, in addition to any other restrictions, may, for any

protective order issued or renewed on or after July 1, 2017, continue the order of surrender, and

shall further order a person restrained under this section not to purchase or receive, or attempt to

purchase or receive, any firearms while the protective order is in effect.

     (c) The district court shall provide a notice on all forms requesting a protective order that

a person restrained under this section shall be ordered pursuant to § 11-47-5, to surrender

possession or control of any firearms and not to purchase or receive, or attempt to purchase or

receive, any firearms while the restraining order is in effect. The form shall further provide that any

person who has surrendered their firearms shall be afforded a hearing within fifteen (15) days of

surrendering their firearms.

     (d) Any firearm surrendered in accordance with this section to the Rhode Island state police

or local police department shall be returned to the person formerly restrained under this section

upon their request when:

     (1) The person formerly restrained under this section produces documentation issued by a

court indicating that the restraining order issued pursuant to this section that prohibited the person

from purchasing, carrying, transporting, or possessing firearms has expired and has not been

extended; and

     (2) The law enforcement agency in possession of the firearms determines that the person

formerly restrained under this section is not otherwise prohibited from possessing a firearm under

state or federal law.

     (3) The person required to surrender his or her firearms pursuant to this section shall not

be responsible for any costs of storage of any firearms surrendered pursuant to this section.

     (e) The Rhode Island state police are authorized to develop rules and procedures pertaining

to the storage and return of firearms surrendered to the Rhode Island state police or local police

departments pursuant to this section. The Rhode Island state police may consult with the Rhode

Island Police Chiefs’ Association in developing rules and procedures.

     (f) Nothing in this section shall be construed to limit, expand, or in any way modify orders

issued under § 12-29-4 or § 15-5-19.

     (g) Nothing in this section shall limit a defendant’s right under existing law to petition the

court at a later date for modification of the order.

     (h) The court shall immediately notify the person suffering from domestic abuse whose

complaint gave rise to the protective order and the law enforcement agency where the person

restrained under this section resides of the hearing.

     (i) The person suffering from domestic abuse, local law enforcement, and the person

restrained under this section shall all have an opportunity to be present and to testify when the court

considers the petition.

     (j) At the hearing, the person restrained under this section shall have the burden of showing,

by clear and convincing evidence, that, if his or her their firearm rights were restored, he or she

they would not pose a danger to the person suffering from domestic abuse or to any other person.

     (1) In determining whether to restore a person’s firearm rights, the court shall examine all

relevant evidence, including, but not limited to: the complaint seeking a protective order; the

criminal record of the person restrained under this section; the mental health history of the person

restrained under this section; any evidence that the person restrained under this section has, since

being served with the order, engaged in violent or threatening behavior against the person suffering

from domestic abuse or any other person.

     (2) If the court determines, after a review of all relevant evidence and after all parties have

had an opportunity to be heard, that the person restrained under this section would not pose a danger

to the person suffering from domestic abuse or to any other person if his or her the person’s firearm

rights were restored, then the court may grant the petition and modify the protective order and lift

the firearm prohibition.

     (3) If the court lifts a person’s firearms prohibition pursuant to this subsection, the court

shall issue the person written notice that he or she the person is no longer prohibited under this

section from purchasing or possessing firearms while the protective order is in effect.

     (k) The prohibition against possessing a firearm(s) due solely to the existence of a domestic

violence restraining order issued under this section shall not apply with respect to sworn peace

officers as defined in § 12-7-21 and active members of military service, including members of the

reserve components thereof, who are required by law or departmental policy to carry departmental

firearms while on duty or any person who is required by his or her their employment to carry a

firearm in the performance of his or her duties. Any individual exempted pursuant to this exception

may possess a firearm only during the course of his or her employment. Any firearm required for

employment must be stored at the place of employment when not being possessed for employment

use; all other firearm(s) must be surrendered in accordance with this section.

     (l) Any violation of the aforementioned protective order shall subject the defendant to being

found in contempt of court.

     (m) No order shall issue under this section that would have the effect of compelling a

defendant who has the sole legal interest in a residence to vacate that residence.

     (n) The contempt order shall not be exclusive and shall not preclude any other available

civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to

exceed three (3) years, at the expiration of which time the court may extend any order upon motion

of the plaintiff for such additional time as it deems necessary to protect the plaintiff from abuse.

The court may modify its order at any time upon motion of either party.

     (o) Any violation of a protective order under this chapter of which the defendant has actual

notice shall be a misdemeanor that shall be punished by a fine of no more than one thousand dollars

($1,000) or by imprisonment for not more than one year, or both. Beginning July 1, 2025, said

violation shall be prosecuted by an attorney appointed by the prosecuting authority who shall self-

certify that they have successfully completed a specialized domestic violence prosecution training

course and updated training every four (4) years thereafter, aligned with national best practices and

eligible for continuing legal education credit(s) as approved by the Rhode Island Bar Association.

     (p) The penalties for violation of this section shall also include the penalties provided under

§ 12-29-5.

     (q) “Actual notice” means that the defendant has received a copy of the order by service

thereof or by being handed a copy of the order by a police officer pursuant to § 8-8.1-5(d).

     (r) The district court shall have criminal jurisdiction over all violations of this chapter.

 

335)

Section

Amended By Chapter Numbers:

 

8-10-3.1

417 and 439

 

 

8-10-3.1. Magistrates — Appointment, duties, and powers.

     (a) The chief judge of the family court may appoint magistrates, with the advice and

consent of the senate, to assist the court in the conduct of its business. A person appointed to serve

as a magistrate shall be a member of the bar of Rhode Island. The powers and duties of magistrates

shall be prescribed in the order appointing them.

     (b) In addition, magistrates may assist the court in:

     (1) theThe enforcement and implementation of chapter 23.1 of title 15,;

     (2) theThe determination of matters that come before the court pursuant to § 8-10-4,

chapter 1 of title 14, chapters 5, 7, 8, 9, 10, and 16 of title 15, chapter 19 of title 16, chapter 11 of

title 40, and chapter 5 of title 40.1.

     Magistrates shall be empowered to hear and determine all motions, pretrial conferences,

arraignments of juvenile offenders, probable cause hearings, and review of all such matters,

including but not limited to, the temporary placement, custody, disposition, and adoption of

children, orders of support, final divorce decrees, and the taking of testimony in conducting all

hearings relative thereto subject to the review provided for in subsection (d).

     (c) The magistrates shall serve a term of ten (10) years and until a successor is appointed

and qualified and his or herthe magistrate’s powers and duties shall be prescribed in the order

appointing him or herthem or in the rules of procedure of the family court. Any magistrate in

service as of January 1, 2008, who serves at the pleasure of the chief judge of the family court may

be appointed for a term of ten (10) years with the advice and consent of the senate and until a

successor is appointed and qualified. 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. The

magistrates may be authorized:

     (1) To regulate all proceedings before him or herthem;

     (2) To do all acts and take all measures necessary or proper for the efficient performance

of his or hertheir duties;

     (3) To require the production before him or herthem 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 herthe person imprisoned for

not more than seventy-two (72) hours, pending review by a justice 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;

     (7) To adjudicate a party in contempt and to order him or herthe party imprisoned for not

more than seventy-two (72) hours, pending review by a justice of the court, for failure to comply

with a pending order to provide support or to perform any other act; and

     (8) To issue a capias and/or body attachment upon the failure of a party or witness to appear

after having been properly served and, should the family 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 family court.

     (d) A party aggrieved by an order entered by a magistrate shall be entitled to a review of

the order by a justice of the family court. Unless otherwise provided in the rules of procedure of

the family court, such review shall be on the record and appellate in nature. The family court shall

by rules of procedure establish procedures for review of orders entered by a magistrate, and for

enforcement of contempt adjudications of a magistrate.

     (e) Final orders of the family court entered in a proceeding to review an order of a

magistrate may be appealed to the supreme court.

     (f) The magistrates shall be empowered to hear de novo all applications for income

withholding pursuant to chapter 16 of title 15 and appeals of administrative agency orders of the

department of human services to withhold income under chapter 16 of title 15.

     (g) The magistrates shall be empowered to hear all matters relating to the revocation or

nonrenewal of a license of an obligor due to non-compliance with a court order of support, in

accordance with chapter 11.1 of title 15.

     (h) The magistrates may be authorized by the chief judge to hear those matters on the

domestic abuse prevention calendar and the nominal calendar and contested divorce trial calendars.

     [See § 12-1-15 of the General Laws.]

 

336)

Section

Amended By Chapter Numbers:

 

8-10-21

253 and 254

 

 

8-10-21. Records of court.

     The records of the family court shall be public records, except that records of hearings in

matters set forth in § 14-1-5, together with stenographic notes and transcripts of those hearings,

shall not be available for public inspection unless the court shall otherwise order. Notwithstanding

the foregoing provisions, the records of the family court in criminal matters involving adults shall

be public records. The record of delinquent or wayward adjudications of juveniles, or protective

orders issued against juveniles, may be accessed by law enforcement personnel to be used for law

enforcement purposes only and shall remain otherwise confidential. The Attorney General

attorney general shall promulgate rules and regulations necessary to facilitate the purposes of this

section.

 

337)

Section

Amended By Chapter Numbers:

 

10-3-2

445 and 446

 

 

10-3-2. Agreements to arbitrate subject to chapter - Notice.

     (a) When clearly written and expressed, a provision in a written contract to settle by

arbitration a controversy thereafter arising out of such contract, or out of the refusal to perform the

whole or any part thereof, or an agreement in writing between two (2) or more persons to submit

to arbitration any controversy existing between them at the time of the agreement to submit shall

be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the

revocation of any contract; provided, however, that the provisions of this chapter shall not apply to

collective contracts between employers and employees, or between employers and associations of

employees, in respect to terms or conditions of employment; and provided further, that in all

contracts of primary insurance, wherein the provision for arbitration is not placed immediately

before the testimonium clause or the signature of the parties, the arbitration procedure may be

enforced at the option of the insured, and in the event the insured exercises the option to arbitrate,

then the provisions of this chapter shall apply and be the exclusive remedy available to the insured.

     (b) Notice of intention to arbitrate. A party may serve upon another party a demand for

arbitration or a notice of intention to arbitrate, specifying the agreement pursuant to which

arbitration is sought and the name and address of the party serving the notice, or of an officer or

agent thereof if such party is an association or corporation, and stating that unless the party served

applies to stay the arbitration within twenty (20) days after such service they shall thereafter be

precluded from objecting that a valid agreement was not made or has not been complied with and

from asserting in court the bar of a limitation of time. Such notice or demand shall be served in the

same manner as a summons or by registered or certified mail, return receipt requested. An

application to stay arbitration shall be made by the party served within twenty (20) days after

service upon the party of the notice or demand, or they shall be so precluded. Notice of such

application shall be served in the same manner as a summons or by registered or certified mail,

return receipt requested. Service of the application may be made upon the adverse party, or upon

their attorney if the attorneys' name appears on the demand for arbitration or the notice of intention

to arbitrate. Service of the application by mail shall be timely if such application is posted within

the prescribed period. Any provision in an arbitration agreement or arbitration rules which that

waives the right to apply for a stay of arbitration or prescribes a manner of notifying a party of an

intention to commence arbitration that is more burdensome than that described in this section is

hereby declared null and void.

     (c) The party required to send notice pursuant to subsection (b) of this section shall

affirmatively include in the notice the rights being waived by failure to apply for the stay of

arbitration. Said notice shall be done in bold print and highlighted.

 

338)

Section

Amended By Chapter Numbers:

 

10-3-4

445 and 446

 

 

10-3-4. Petition for arbitration — Service, hearing, and reference.

     The party aggrieved by the alleged failure, neglect, or refusal of another to perform under

a written agreement for arbitration may petition the superior court for the county in which any of

the parties reside or has his or her their place of business for an order directing that the arbitration

proceed in the manner provided for in the agreement. If there are multiple parties seeking arbitration

against the same party or parties, the proceeding may be brought in any court and county where

any of the parties seeking arbitration resides or is doing business or where the arbitration was held

or is pending. Five (5) days’ notice in writing of the application shall be served upon the party in

default. Service thereof shall be made in the manner provided by law for the service of a writ of

summons. The court shall hear the parties, and upon being satisfied that the making of the

agreement for arbitration or the failure to comply therewith is not in issue, the court shall make an

order directing the parties to proceed to arbitration in accordance with the terms of the agreement.

 

 

339)

Section

Added By Chapter Numbers:

 

10-3-22

445 and 446

 

 

10-3-22. Right to representation.

     A party has the right to be represented by an attorney and may claim such right at any time

as to any part of the arbitration or hearings which that have not taken place. This right may not be

waived. If a party is represented by an attorney, papers to be served on the party shall be served

upon his the party’s attorney. Any agreement which that discriminates against or penalizes a party

for retaining the services of counsel in an arbitration is null and void.

 

340)

Section

Added By Chapter Numbers:

 

10-3-23

445 and 446

 

 

10-3-23. Fees and costs of arbitration initiation; invoice; breach of agreement;

sanctions.

     (a)(1) In an employment or consumer arbitration that requires, either expressly or through

application of state or federal law or the rules of the arbitration provider, unless there is a mutually

agreed upon provision to split costs equally, the drafting party, unless otherwise specified, is to pay

certain fees and costs before the arbitration can proceed. If the fees or costs to initiate an arbitration

proceeding are not paid within thirty (30) days after the due date the drafting party is in material

breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel

arbitration under § 10-3-4.

     (2) After an employee or consumer meets the filing requirements necessary to initiate an

arbitration, the arbitration provider shall immediately provide an invoice for any fees and costs

required before the arbitration can proceed to all of the parties to the arbitration. The invoice shall

be provided in its entirety, shall state the full amount owed and the date that payment is due, and

shall be sent to all parties by the same means on the same day. To avoid delay, absent an express

provision in the arbitration agreement stating the number of days in which the parties to the

arbitration must pay any required fees or costs, the arbitration provider shall issue all invoices to

the parties as due upon receipt.

     (b) If the drafting party materially breaches the arbitration agreement and is in default under

subsection (a) of this section, the employee or consumer may do either of the following:

     (1) Withdraw the claim from arbitration and proceed in a court of appropriate jurisdiction;

or

     (2) Compel arbitration in which the drafting party shall pay reasonable attorneys' fees and

costs related to the arbitration.

     (c) If the employee, consumer, or other involved party withdraws the claim from arbitration

and proceeds with an action in a court of appropriate jurisdiction under subsection (b)(1) of this

section, the statute of limitations with regard to all claims brought or that relate back to any claim

brought in arbitration shall be tolled as of the date of the first filing of a claim in a court, arbitration

forum, or other dispute resolution forum.

     (d) If the employee or consumer proceeds with an action in a court of appropriate

jurisdiction, the court shall impose sanctions on the drafting party in accordance with § 10-3-25.

 

 

341)

Section

Added By Chapter Numbers:

 

10-3-24

445 and 446

 

 

10-3-24. Material breach of agreement - Remedies.

     (a)(1) In an employment or consumer arbitration that requires, either expressly or through

application of state or federal law or the rules of the arbitration provider, that the drafting party pay

certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required

to continue the arbitration proceeding are not paid within thirty (30) days after the due date, the

drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and

waives its right to compel the employee or consumer to proceed with that arbitration as a result of

the material breach.

     (2) The arbitration provider shall provide an invoice for any fees and costs required for the

arbitration proceeding to continue to all of the parties to the arbitration. The invoice shall be

provided in its entirety, shall state the full amount owed and the date that payment is due, and shall

be sent to all parties by the same means on the same day. To avoid delay, absent an express

provision in the arbitration agreement stating the number of days in which the parties to the

arbitration must pay any required fees or costs, the arbitration provider shall issue all invoices to

the parties as due upon receipt. Any extension of time for the due date shall be agreed upon by all

parties.

     (b) If the drafting party materially breaches the arbitration agreement and is in default under

subsection (a) of this section, the employee or consumer may unilaterally elect to do any of the

following:

     (1) Withdraw the claim from arbitration and proceed in a court of appropriate jurisdiction.

If the employee or consumer withdraws the claim from arbitration and proceeds with an action in

a court of appropriate jurisdiction, the statute of limitations, with regard to all claims brought or

that relate back to any claim brought in arbitration, shall be tolled as of the date of the first filing

of a claim in any court, arbitration forum, or other dispute resolution forum;

     (2) Continue the arbitration proceeding, if the arbitration provider agrees to continue

administering the proceeding, notwithstanding the drafting party's failure to pay fees or costs. The

neutral arbitrator or arbitration provider may institute a collection action at the conclusion of the

arbitration proceeding against the drafting party that is in default of the arbitration for payment of

all fees associated with the employment or consumer arbitration proceeding, including the cost of

administering any proceedings after the default;

     (3) Petition the court for an order compelling the drafting party to pay all arbitration fees

that the drafting party is obligated to pay under the arbitration agreement or the rules of the

arbitration provider; or

     (4) Pay the drafting party's fees and proceed with the arbitration proceeding. As part of the

award, the employee or consumer shall recover all arbitration fees paid on behalf of the drafting

party without regard to any findings on the merits in the underlying arbitration.

     (c) If the employee or consumer withdraws the claim from arbitration and proceeds in a

court of appropriate jurisdiction pursuant to subsection (b)(1) of this section, both of the following

apply:

     (1) The employee or consumer may bring a motion, or a separate action, to recover all

attorneys' fees and all costs associated with the abandoned arbitration proceeding. The recovery of

arbitration fees, interest, and related attorneys' fees shall be without regard to any findings on the

merits in the underlying action or arbitration; and

     (2) The court shall impose sanctions on the drafting party in accordance with § 10-3-25.

     (d) If the employee or consumer continues in arbitration pursuant to subsectionsubsections

(b)(2) through (4) of this section, inclusive, the arbitrator shall impose appropriate sanctions on the

drafting party, including monetary sanctions, issue sanctions, evidence sanctions, or terminating

sanctions.

 

 

342)

Section

Added By Chapter Numbers:

 

10-3-25

445 and 446

 

 

10-3-25. Breach of arbitration agreement; court sanctions; additional sanctions.

(a) The court shall impose a monetary sanction against a drafting party that materially

breaches an arbitration agreement pursuant to § 10-3-23(a) or § 10-3-24(a), by ordering the drafting

party to pay the reasonable expenses, including attorneys' fees and costs, incurred by the employee

or consumer as a result of the material breach.

     (b) In addition to the monetary sanction described in subsection (a) of this section, the court

may order any of the following sanctions against a drafting party that materially breaches an

arbitration agreement pursuant to § 10-3-23(a) or § 10-3-24(a), unless the court finds that the one

subject to the sanction acted with substantial justification or that other circumstances make the

imposition of the sanction unjust:

     (1) An evidence sanction by an order prohibiting the drafting party from conducting

discovery in the civil action;

     (2) A terminating sanction by one of the following orders:

     (i) An order striking out the pleadings or parts of the pleadings of the drafting party;

     (ii) An order rendering a judgment by default against the drafting party; and

     (3) A contempt sanction by an order finding the drafting party in contempt of court.

 

343)

Section

Amended By Chapter Numbers:

 

11-37.1-16

45 and 56

 

 

11-37.1-16. Application review — Burden of production and persuasion.

     (a) In any proceeding under this chapter, the state shall have the burden of going forward,

which burden shall be satisfied by the presentation of a prima facie case that justifies the proposed

level of and manner of notification.

     (b) For purposes of this section, “prima facie case” means:

     (1) A validated risk assessment tool has been used to determine the risk of re-offense The

sex offender board of review has engaged in a review and assessment of risk using materials

approved by the parole board as provided by § 11-37.1-6;

     (2) Reasonable means have been used to collect the information used in the validated

assessment tool review and assessment.

     (c) Upon presentation of a prima facie case, the court shall affirm the determination of the

level and nature of the community notification, unless it is persuaded by a preponderance of the

evidence that the determination on either the level of notification of the manner in which it is

proposed to be accomplished is not in compliance with this chapter or the guidelines adopted

pursuant to this chapter.

     Nothing in this section shall be construed to prohibit the release of information pertaining

to a person who has been convicted of any of the violations of any offense listed in § 11-37.1-2,

so long as the information has been gathered or obtained through sources other than the registration

process provided by this chapter. Provided further, that nothing in this section shall be deemed to

authorize the release of any information pertaining to any victim of any offense listed in § 11-37.1-

2.

 

344)

Section

Amended By Chapter Numbers:

 

11-47-20

320 and 321

 

 

11-47-20. Sale or possession of silencers.

     It shall be unlawful within this state to manufacture, sell, purchase, or possess any muffler,

silencer, or device for deadening or muffling the sound of a firearm when discharged; provided,

however, that law enforcement officers utilizing said devices while acting within the scope of their

official duties, as tactical teams and under the direct supervision of the police chief or the colonel

of the state police or their designee, shall not be in violation of this section. Violations of this section

shall be punished by imprisonment for not less than one year and one day.

 

345)

Section

Amended By Chapter Numbers:

 

11-47-60.1

107 and 108

 

 

11-47-60.1. Safe storage - Unsafe storage of a firearm.

     (a) Nothing in this section shall be construed to reduce or limit any existing right to

purchase and own firearms and/or ammunition or to provide authority to any state or local agency

to infringe upon the privacy of any family, home or business except by lawful warrant.

     (b) A person who stores or leaves a firearm in any place is guilty of the violation of unsafe

storage of a firearm unless the firearm is secured in a locked container or equipped with a tamper-

resistant mechanical lock or other safety device, properly engaged in order to render such firearm

inoperable by any person other than the owner or other lawfully authorized user. This section does

not apply to a firearm that is being carried by or can be readily carried by a lawfully authorized

user who is in proximity to the firearm. Any violation of this subsection shall result in, for a first

offense, a civil infraction punishable by a fine of not more than two hundred fifty dollars ($250),

and for a second offense, a civil infraction punishable by a fine of not more than one thousand

dollars ($1,000). A third or subsequent violation of this subsection shall, upon conviction, be

punished by imprisonment for no more than six (6) months, or a fine of not more than five hundred

dollars ($500), or both.

     (b)(c) A person who stores or leaves on premises under his or her their control a loaded

firearm and who knows or reasonably should know that a child is likely to gain access to the firearm

without the permission of the child’s parent or guardian, and the child or who knows or reasonably

should know that a person who is prohibited, under state or federal law, from purchasing or

possessing firearms is likely to gain access to the firearm, is guilty of criminal storage of a firearm

in the second degree if a child or person who is prohibited, under state or federal law, from

purchasing or possessing firearms obtains access to the firearm. and causes injury to himself or

herself or any other person with the firearm, is guilty of the crime of criminal storage of a firearm

and, Any person who violates this section shall, upon conviction, shall be punished by

imprisonment for no more than one year, or be fined not more than one thousand dollars ($1,000)

or imprisoned for not more than one year, or both. For purposes of this section, a “child” is defined

as any person who has not attained the age of sixteen (16) eighteen (18) years.

     (d) A person is guilty of criminal storage of a firearm in the first degree if they commit the

crime of criminal storage in the second degree and the firearm obtained by a child or a person who

is prohibited, under state or federal law, from purchasing or possessing firearms is used by said

person in the commission of a crime or to cause injury to himself or herself or any other person.

Any violation of this subsection shall, upon conviction, be punishable by imprisonment for not

more than five (5) years, or a fine of not more than five thousand dollars ($5,000), or both.

     (c)(e) The provisions of subsection (b) subsections (c) and (d) of this section shall not apply

whenever any of the following occurs:

     (1) The child or person who is prohibited, under state or federal law, from purchasing or

possessing firearms obtains the firearm as a result of an illegal entry of any premises by any person

or an illegal taking of the firearm from the premises of the owner without permission of the owner;

     (2) The firearm is kept in a locked container or in a location which a reasonable person

would believe to be secured in a locked container or equipped with a tamper-resistant mechanical

lock or other safety device, properly engaged in order to render such firearm inoperable by any

person other than the owner or other lawfully authorized user;

     (3) The firearm is being carried on the person or within such a close proximity so that the

individual can readily retrieve and use the firearm as if carried on the person by or can be readily

carried by a lawfully authorized user who is in proximity to the firearm; or

     (4) The firearm is locked with a locking device;

     (5) The child or person who is prohibited, under state or federal law, from purchasing or

possessing firearms obtains or obtains and discharges the firearm in a lawful act of self-defense or

defense of another person; .

     (6) The person who keeps a loaded firearm on any premises which is under his or her

custody or control has no reasonable expectations, based on objective facts and circumstances, that

a child is likely to be present on the premises.

     (d)(f)(1) If the person who allegedly violated this section is the parent or guardian of a child

who is injured or who dies as the result of an accidental shooting, the attorney general’s department

attorney general shall consider among other factors, the impact of the injury or death on the person

who has allegedly violated this section when deciding whether to prosecute an alleged violation.

     (2) It is the intent of the general assembly that a parent or guardian of a child who is injured

or who dies of an accidental shooting shall be prosecuted only in those instances in which the parent

or guardian behaved in a grossly negligent manner.

 

346)

Section

Amended By Chapter Numbers:

 

11-47-60.3

107 and 108

 

 

11-47-60.3. Trigger lock required.

     No licensed retail dealer shall deliver any pistol, rifle, or shotgun to any purchaser without

providing a trigger lock or other safety device designed to prevent an unauthorized user from

operating the pistol firearm.

 

347)

Section

Added By Chapter Numbers:

 

11-47-60.4

107 and 108

 

 

11-47-60.4. Secure storage information and awareness.

     (a)At any site where firearms sales or transfers are conducted by licensed dealers in Rhode

Island, the licensed dealers shall conspicuously display a sign containing the information set forth

in subsection (b) of this section, in any area where the sales or transfers occur. Such signs shall be

posted in a manner so that they can be easily viewed by persons to whom firearms are sold or

transferred, and shall not be removed, obscured, or rendered illegible. If the site where the sales or

transfers occur are the premises listed on the dealer's federal firearms license(s), an additional such

sign shall be placed at or near the entrance.

     (b) Each informational sign shall be at least eight and one-half inches (8 ½") high by eleven

inches (11") wide, and feature black text against a white background and letters that are at least

one-half inch (1/2") high. The signs shall not contain other statements or markings other than the

following text, in English and Spanish:

     WARNING: Access to a firearm in the home significantly increases the risk of suicide,

death during domestic violence disputes, and the unintentional death of children, household

members, or others. If you or a loved one is experiencing distress and/or depression, call the 988

Suicide and Crisis hotline or text "HOME" to 741741.

     Secure firearm storage is the law in Rhode Island. Rhode Island state law requires gun

owners to securely store their firearms any time the firearms are not in their possession or control

and to securely store firearms in premises under their control where a child or person prohibited

from purchasing or possessing firearms is likely to gain access to them. Failure to securely store

firearms as required by law may result in fines and/or criminal prosecution.

     (c) The department of health, in consultation with the state police, shall develop detailed

printed information to be made available to licensed dealers at no cost to the dealers, in English

and Spanish, regarding the risks of access to firearms,; state laws requiring secure firearm storage,;

a summary of the major provisions of chapter 47 of title 11 relating to firearms, including, but not

limited to, the duties of the sellers and purchasers and possessors of firearms,; and suicide

prevention resources. Licensed dealers shall distribute this printed information to all purchasers of

firearms.

     (d). The department of health and department of education shall annually develop detailed

information for students and their families, parents, and guardians regarding the importance of

secure gun storage to protect minors from accessing firearms,; the risks of access to firearms,;

secure firearm storage requirements under state law,; and suicide prevention and other behavioral

health resources. School districts shall annually distribute a pamphlet containing this information,

in English and in Spanish, to all enrolled students and their parents or guardians and make this

information electronically accessible on the district’s webpage.

 

 

 

 

348)

Section

Amended By Chapter Numbers:

 

12-1.3-1

386 and 387

 

 

12-1.3-1. Definitions.

     For purposes of this chapter only, the following definitions apply:

     (1) “Crime of violence” includes murder, manslaughter, first-degree arson, kidnapping

with intent to extort, robbery, larceny from the person, first-degree sexual assault, second-degree

sexual assault, first- and second-degree child molestation, assault with intent to murder, assault

with intent to rob, assault with intent to commit first-degree sexual assault, burglary, and entering

a dwelling house with intent to commit murder, robbery, sexual assault, or larceny.

     (2) “Expungement of records and records of conviction” means the sealing and retention

of all records of a conviction and/or probation and the removal from active files of all records and

information relating to conviction and/or probation.

     (3) “First offender” means a person who has been convicted of a felony offense or a

misdemeanor offense, and who has not been previously convicted of or placed on probation for a

felony or a misdemeanor and against whom there is no criminal proceeding pending in any court.

     (4) “Law enforcement agency” means a state police organization of this or any other state,;

the enforcement division of the department of environmental management,; the office of the state

fire marshal,; the capitol police,; a law enforcement agency of the federal government,; and any

agency, department, or bureau of the United States government which that has as one of its

functions the gathering of intelligence data.

     (5) "Misdemeanor" includes, but is not limited to, those crimes previously classified as

felonies under law at the time the original sentence was imposed but reclassified by the general

assembly as a misdemeanor in the interim, prior to the time the motion to expunge is brought.

     (5)(6) “Records” and “records of conviction and/or probation” include all court records, all

records in the possession of any state or local police department, the bureau of criminal

identification, and the probation department, including, but not limited to, any fingerprints,

photographs, physical measurements, or other records of identification. The terms “records” and

“records of conviction, and/or probation” do not include the records and files of the department of

attorney general which are not kept by the bureau of criminal identification in the ordinary course

of the bureau’s business.

 

349)

Section

Added By Chapter Numbers:

 

12-9-36

260 and 261

 

 

12-9-36. Interstate extradition.

     Notwithstanding any other provision in this chapter to the contrary, except as required by

federal law, the governor may not comply with any request received from the executive authority

of any other state to issue a warrant for the arrest or surrender of any person charged with a criminal

violation of a law of that other state where the violation alleged involves legally protected health

care healthcare activity, as defined in § 23-100101-2, or aiding and assisting legally protected

health care healthcare activity, as defined in § 23-100101-2. Consistent with the requirements of

the United States Constitution, this limitation does not apply in the circumstance where the person

who is the subject of the request for arrest or surrender was physically present in the requesting

state at the time of the commission of the alleged offense and thereafter fled from that state.

 

 

 

 

350)

Section

Amended By Chapter Numbers:

 

12-25-17

338 and 339

 

 

12-25-17. Definitions.

     As used in this chapter:

     (1) “Administrator” means the program administrator of this chapter.

     (2) “Child” means an unmarried person who is under eighteen (18) years of age and

includes a stepchild or an adopted child.

     (3) “Court” means the superior court.

     (4) “Dependent” means a person wholly or partially dependent upon the income of the

victim at the time of his or her death or would have been so dependent but for the incapacity due

to the injury from which the death resulted. The term includes a child of the victim born after the

death of the victim.

     (5) "Medical forensic examination" means an examination of a sexual assault victim

completed by a health care healthcare provider, who has specialized education and clinical

experience in the collection of forensic evidence and treatment of these victims, which includes:

     (i) Gathering information from the victim for the medical forensic history;

     (ii) An examination;

     (iii) Documentation of biological and physical finding, and collection of evidence from the

patient; and

     (iv) Documentation of findings.

     (5)(6) “Office” means the office of the general treasurer.

     (6)(7) “Pecuniary loss” includes:

     (i) For personal injury:

     (A) Medical expenses (including psychiatric care) for which the victim is not compensated

by any other source;

     (B) Hospital expenses for which the victim is not compensated by any other source;

     (C) Loss of past earnings for which the victim is not compensated by any other source;

     (D) Loss of future earnings because of a disability resulting from the personal injury for

which the victim is not compensated by any other source; and

     (E) Direct expenses related to the delivery or obtainment of medical or counseling services,

or participation in criminal justice proceedings.

     (ii) For death:

     (A) Funeral and burial expenses for which the victim’s estate is not compensated by any

other source;

     (B) Loss of support to the dependents of the victim for which the dependents are not

compensated by any other source; and

     (C) Direct expenses related to the participation in funeral services, counseling, or criminal

justice proceedings.

     (iii) Any other expenses actually and necessarily incurred as a result of the personal injury

or death for which the victim or his or her estate is not compensated by any other source, but it does

not include property damage.

     (7)(8) “Personal injury” means actual bodily harm, mental or nervous shock, and a

pregnancy resulting from sexual attack.

     (8)(9) “Relative” means a spouse, parent, grandparent, stepfather, stepmother, child,

grandchild, brother, sister, half-brother, half-sister, and a spouse’s parents.

     (9)(10) “Resident” means any person who has his or her residence within the state of Rhode

Island.

     (10)(11) “Secondary victim” means a child who suffers an emotional injury as a direct

result of witnessing a homicide or incident of domestic violence.

     (11)(12) “State” includes the District of Columbia, the fifty (50) states, and the United

States’ territories and possessions.

     (12)(13) “Treasurer” means the general treasurer of the state of Rhode Island or his or her

designee.

     (13)(14) “Victim” means a person who is injured or killed by any act of a person or persons

that is within the description of any of the offenses specified in § 12-25-20 and which act occurs in

the state of Rhode Island. “Victim” also means a resident of the state of Rhode Island who is a

victim of an act of terrorism as defined in 18 U.S.C. § 2331 occurring outside the United States or

within the United States as referred to in 34 U.S.C. § 20105.

     (14)(15) “1972 Act” means the Criminal Injuries Compensation Act of 1972, established

pursuant to former §§ 12-25-1 — 12-25-12.1.

     (15)(16) “1996 Act” means the Criminal Injuries Compensation Act of 1996, established

pursuant to §§ 12-25-16 — 12-25-31.

 

351)

Section

Amended By Chapter Numbers:

 

12-25-21.1

31 and 32

 

 

12-25-21.1. Emergency fund for victims.

     (a) The office may award emergency compensation under this chapter for the: (1) Burial

expenses of a victim who dies as a direct result of a violent crime as defined in this chapter; (2)

Cost of the crime scene clean up; and (3) Relocation expenses; and (4) Compensation for

modifications to a victim's residence necessary to ensure safety.

     (b) The award for emergency compensation shall be awarded at the sole discretion of the

program administrator. The administrator may promulgate rules and regulations to administer the

provisions of this section.

     (c) An award for emergency compensation for burial expenses shall not exceed the sum of

ten thousand dollars ($10,000).

     (d) An award for emergency compensation for crime scene clean up shall not exceed two

thousand dollars ($2,000).

     (e) An award for emergency compensation for relocation costs shall not exceed five

thousand dollars ($5,000).

     (f) An award for expenses associated with reasonable modifications to the victim's

residence necessary to ensure victim safety shall not exceed one thousand dollars ($1,000) and shall

not be awarded in addition to an award for emergency compensation for relocation costs. Further,

any ongoing costs or expenses associated with maintaining or monitoring any modification made

pursuant to this subsection shall be borne exclusively by the victim.

     (f)(g) The award for emergency compensation for burial expenses, crime scene clean up,

and relocation costs shall be deducted from the final award. In the event the victim is not eligible

for an award, the victim shall repay the amount of the emergency award to the fund.

     (g)(h) Any payments made for the emergency compensation shall be deducted from the

final award. In no event shall the final award exceed the maximum award of twenty-five thousand

dollars ($25,000).

 

352)

Section

Amended By Chapter Numbers:

 

12-25-22

338 and 339

 

 

12-25-22. Limitations upon awarding compensation.

     (a) Actions for compensation under this chapter shall be commenced within three (3) years

after the date of the injury or death, and no compensation shall be awarded for an injury or death

resulting from a crime that was not reported to the appropriate law enforcement authority within

fifteen (15) days of its occurrence; provided, that the office shall have the authority to allow a claim

that was not reported pursuant to this section when a victim of a sexual assault receives a medical

forensic examination within fifteen (15) days of the crime, when the victim or secondary victim

was below the age of eighteen (18) years of age, or of unsound mind, or for good cause shown.

     (b) No compensation shall be awarded under this chapter to the victim, or in the case of

death to dependent relatives or to the legal representative, in a total amount in excess of twenty-

five thousand dollars ($25,000) plus any attorney fees awarded upon appeal to the treasurer or to

the superior court pursuant to § 12-25-25.

     (c) No compensation shall be awarded under this chapter to a secondary victim in a total

amount in excess of one thousand five hundred dollars ($1,500).

     (d) No compensation shall be awarded when the office, in its discretion, determines that

unjust enrichment to or on behalf of the offender would result. Compensation under this chapter

shall not be awarded to any victim or dependent relative or legal representative if the award would

directly or indirectly inure to the benefit of the offender.

     (e) No interest shall be included in or added to an award of compensation under this

chapter.

     (f) When the plaintiff is the victim’s estate, it shall only be awarded compensation for the

victim’s actual medical, hospital, funeral, and burial expenses for which the victim or his or her

estate is not compensated by any other source and for the loss of support to the dependents of the

victim.

 

353)

Section

Amended By Chapter Numbers:

 

12-28-5.1

207 and 208

 

 

12-28-5.1. Restitution.

     When the court orders a defendant to make financial restitution to the victim of a crime of

which the defendant has been convicted or to which the defendant has pleaded guilty or nolo

contendere, a civil judgment shall automatically be entered by the trial court against the defendant

on behalf of the victim for that amount. If payment is not made by the defendant within the period

set by the court, the civil judgment for the amount of the restitution ordered, plus interest at the

statutory amount from the date of the offense, plus costs of suit, including reasonable attorney’s

fees, shall be enforceable by any and all means presently available in law for the collection of

delinquent judgments in civil cases generally. Any initial filing fees and service of process costs

associated with enforcing a civil judgement pursuant to this section shall be waived. Subsequent

filing fees and service of process costs may be waived at the discretion of the court.

 

354)

Section

Amended By Chapter Numbers:

 

12-29-4

282 and 283

 

 

12-29-4. Restrictions upon and duties of court.

     (a)(1) Because of the likelihood of repeated violence directed at those who have been

victims of domestic violence in the past, when a person is charged with or arrested for a crime

involving domestic violence, that person may not be released from custody on bail or personal

recognizance before arraignment without first appearing before the court or bail commissioner. The

court or bail commissioner authorizing release shall issue a no-contact order prohibiting the person

charged or arrested from having contact with the victim.

     (2) At the time of arraignment or bail hearing the court or bail commissioner shall

determine whether a no-contact order shall be issued or extended.

     (3) Willful violation of a court order issued under subdivision (1), (2), or as part of

disposition of this subdivision of this subsection is a misdemeanor. Beginning July 1, 2025, said

violation shall be prosecuted by an attorney appointed by the prosecuting authority who shall self-

certify that they have successfully completed a specialized domestic violence prosecution training

course and updated training every four (4) years thereafter, aligned with national best practices and

eligible for continuing legal education credit(s) as approved by the Rhode Island Bar Association.

The written order releasing the person charged or the written order issued at the time of disposition

shall contain the court’s directive and shall bear the legend: “Violation of this order is a criminal

offense under this section and will subject a violator to arrest”. A copy of the order shall be provided

to the victim.

     (4) Whenever an order prohibiting contact is issued, modified, or terminated under

subdivision (1), (2) or (3) of this subsection, the clerk of the court shall forward a copy of the order

on or before the next judicial day to the appropriate law enforcement agency specified in the order.

     (b) Because of the serious nature of domestic violence, the court in domestic violence

actions:

     (1) Shall not dismiss any charge or delay disposition because of concurrent dissolution of

marriage or other civil proceedings;

     (2) Shall not require proof that either party is seeking a dissolution of marriage prior to

instigation of criminal proceedings;

     (3) Shall identify by reasonable means on docket sheets those criminal actions arising from

acts of domestic violence; and

     (4) Shall make clear to the defendant and victim that the prosecution of the domestic

violence action is determined by the prosecutor and not the victim.

     (c) To facilitate compliance with the provisions of this section, the district court shall assure

that the misdemeanor and felony complaint forms indicate whether the crime charged involves

domestic violence and, if so, the relationship of the victim and defendant.

     (d) Notwithstanding the provisions of section 12-10-12, the filing of any complaint for a

crime involving domestic violence shall be conditioned upon the defendant keeping the peace and

being of good behavior for a period of three (3) years. In the event a particular case involving

domestic violence is filed on a plea of not guilty, guilty or nolo contendere pursuant to section 12-

10-12, the court having jurisdiction shall retain the records of the case for a period of three (3) years

from the date of the filing. These records shall not be expunged, sealed, or otherwise destroyed for

a period of three (3) years from the date of filing. Furthermore, the destruction or sealing of records

in the possession of the department of attorney general bureau of criminal identification, the

superintendent of the state police, or the police departments of any city or town after a filing related

to a crime involving domestic violence shall be governed by section 12-1-12.

 

355)

Section

Amended By Chapter Numbers:

 

12-29-8.1

253 and 254

 

 

12-29-8.1. Restraining order no-contact order system (R.O.N.C.O.).

     (a) All domestic violence and sexual assault protective orders must be filed in the

R.O.N.C.O. system at the attorney general’s bureau of criminal identification (B.C.I.) unit.

     (b)(1) All protective orders from filed against individuals aged eighteen (18) years and over

and issued by the district court, superior court, family court, police departments and or bail

commissioners must be filed upon issuance by faxing or delivering the orders to the B.C.I. unit,

either electronically or in hard copy, no later than the end of the day of issuance. Orders shall

include the following: the terms of the order,; the date of issuance,; the date of the second hearing

(if any),; the dates of birth of the parties,; and the date of expiration.

     (2) All modifications and terminations of the orders must also be faxed or delivered to the

B.C.I. unit, either electronically or in hard copy, no later than the end of the day of the modification.

Any protective order issued pursuant to chapter 15 of title 15, chapter 8.1 of title 8, and chapter 5

of title 15 which that is terminated or expires for any reason, and any no-contact order issued by

any superior court, district court, or family court which that is removed, rescinded, or expired for

any reason shall be expunged within thirty (30) days from the R.O.N.C.O. system and the prior

existence of the protective order or no-contact order shall not be disclosed except by court order.

     (c) A person entitled to protection under an existing protection order shall, upon request,

be given a certified copy of the order by the court clerk. The attorney general’s B.C.I. unit shall

accept the certified copy and enter that copy into the R.O.N.C.O. system.

     (d) For purposes of this section, “protective orders” includes all family, district, and

superior court restraining orders issued against individuals aged eighteen (18) years and over, as

well as district and superior court no-contact orders issued against individuals aged eighteen (18)

years and over.

 

356)

Section

Amended By Chapter Numbers:

 

15-5-16.2

52 and 53

 

 

15-5-16.2. Child support.

     (a) In a proceeding for divorce, divorce from bed and board, a miscellaneous petition

without the filing of divorce proceedings, or child support, the court shall order either or both

parents owing a duty of support to a child to pay an amount based upon a formula and guidelines

adopted by an administrative order of the family court. If, after calculating support based upon

court established formula and guidelines, the court, in its discretion, finds the order would be

inequitable to the child or either parent, the court shall make findings of fact and shall order either

or both parents owing a duty of support to pay an amount reasonable or necessary for the child’s

support after considering all relevant factors including, but not limited to:

     (1) The financial resources of the child;

     (2) The financial resources of the custodial parent;

     (3) The standard of living the child would have enjoyed had the marriage not been

dissolved;

     (4) The physical and emotional condition of the child and his or her educational needs; and

     (5) The financial resources and needs of the noncustodial parent, provided, that in

establishing a child support order, incarceration may not be treated as voluntary unemployment.

     (b) The court may, if in its discretion it deems it necessary or advisable, order child support

and education costs for children attending high school at the time of their eighteenth (18th) birthday

and for ninety (90) days after graduation, but in no case beyond their nineteenth (19th) birthday.

     Notwithstanding the foregoing, the court, in its discretion, may order child support, in the

case of a child with a severe physical or mental impairment still living with or under the care of a

parent, beyond the child’s emancipation as defined above. The court shall consider the following

factors when making its determination: (1) The nature and extent of the disability; (2) The cost of

the extraordinary medical expenses; (3) The ability of the child to earn income; (4) The financial

resources of the child; (5) The financial resources of the parents; (6) The inability of the primary

caregiver of the child to sustain gainful employment on a full-time basis due to the care necessitated

by the child. The onset of the disability must have occurred prior to the emancipation event. If a

child support order for a child with a severe physical or mental impairment has been terminated,

suspended, or expired, the court shall consider the factors in this paragraph and has the discretion

to order child support for this child prospectively based upon established child support guidelines.

The court may periodically review the case to determine if circumstances warrant the continuation

of child support.

     (c)(1) The court may, if in its discretion it deems it necessary or advisable, appoint an

attorney or a guardian ad litem to represent the interest of a minor or dependent child with respect

to his or her support, custody, and visitation.

     (i) In determining whether an appointment should be made, the court shall consider the

extent to which a guardian ad litem may assist in providing information concerning the best interest

of the child; the age of the child; the wishes of the parents, as well as their financial resources; the

nature of the proceeding including the level of contentiousness, allegations of child abuse, or

domestic violence and the risk of harm to the child if a guardian is not appointed; or conflicts of

interest between the child and parents or siblings;

     (ii) The guardian ad litem shall be appointed from a list of persons properly credentialed

pursuant to administrative orders of the chief judge of the family court;

     (iii) The court shall enter an order of appointment stating the specific assignment, the

optional and mandatory duties of the guardian ad litem, the guardian’s access to the child and

confidential information regarding the child, and a provision for payment of the costs and fees of

the guardian ad litem;

     (iv) Communications made to a guardian, including those made by a child, are not

privileged and may or may not be disclosed to the parties, the court, or to professionals providing

services to the child or the family;

     (v) The guardian ad litem shall meet with the child, conduct an investigation, and upon

request of the court, shall prepare an oral or written report that contains the procedural background

of the case, identification of all persons interviewed and other sources of information, a statement

of the child’s emotional, medical, educational, and social service needs, the child’s wishes, and

other factors relevant to the court’s determination regarding the best interests of the child;

     (vi) Any written report of the guardian ad litem shall be marked as a full exhibit in the

proceedings, subject to cross-examination;

     (vii) If the guardian ad litem requests confidential healthcare information and consent is

withheld, he or she shall apply to the court for leave to obtain such information after compliance

with § 5-37.3-6.1;

     (viii) The guardian ad litem shall be given notice of and should appear at all proceedings

in family court that affect the interests of the child;

     (ix) A person serving as a guardian ad litem under this section acts as the court’s agent and

is entitled to quasi-judicial immunity for acts performed within the scope of the duties of the

guardian ad litem;

     (x) The chief judge of the family court shall issue, through administrative orders, rules

governing the appointment and performance of guardians ad litem in domestic proceedings.

     (2) After a decree for support has been entered, the court may, from time to time upon the

petition of either party, or by the state in accordance with subsection (c)(3) of this section, review

and alter its decree relative to the amount of support and the payment of it, and may make any

decree relative to it that it might have made in the original suit. The decree may be made retroactive

in the court’s discretion only to the date that notice of a petition to modify was given to the adverse

party if the court finds that a substantial change in circumstances has occurred; provided, that the

court shall set forth in its decision the specific findings of fact that show a substantial change in

circumstances and upon which findings of facts the court has decided to make the decree

retroactive. In modifying the order, incarceration may not be treated as voluntary unemployment

that would prevent the motion from being heard or result in a denial of the motion. The child support

order shall continue in full force and effect, by wage withholding, after the youngest child is

emancipated, and shall be applied towards any arrearage due and owing, as indicated on the child-

support computer system. Upon satisfaction of the arrears due and owing the child-support order

shall be automatically suspended and wage withholding terminated without the necessity of

returning to family court.

     (3) When the department of human services, office of child support services, becomes

aware of the fact, through an electronic data exchange of information with the department of

corrections, or by any other means, that the noncustodial parent is or will be incarcerated for one

hundred eighty (180) days or more, the department may automatically file a motion to modify or a

motion for relief, to be heard before the court via a video conference hearing or other type of

hearing. A specific request for the filing of this motion need not be made in writing or otherwise

by the incarcerated, noncustodial parent, but the parent shall be notified of the hearing and provided

a meaningful opportunity to respond. The court shall schedule a hearing to determine the

noncustodial parent’s ability to pay, taking into consideration the assets and financial resources and

any benefits the noncustodial parent may be receiving, the length of the sentence, and shall modify

or suspend all child support orders, after setting forth in its decision specific findings of fact that

show circumstances upon which the court has decided to modify or suspend all child support orders

during the period of incarceration. Upon the obligor’s release, the department of human services,

office of child support services, shall file a motion for support, and a hearing shall be scheduled to

determine the obligor’s ability to begin paying child support pursuant to the child support

guidelines in effect. This section does not apply to those individuals who are serving a sentence for

criminal nonsupport in state or federal prison, or who are found to be in civil contempt for failure

to pay child support and incarcerated for that reason. Nothing herein prevents or otherwise prohibits

the court from denying any such motion if an obligor is serving a sentence for criminal nonsupport

in state or federal prison or is otherwise incarcerated after having been found to be in willful civil

contempt for failure to pay child support.

     (d)(1) In a proceeding to enforce a child support order, or a spousal support order for a

custodial parent having custody of a minor child, the court or its magistrate may assign to the

obligee such tangible personal property of the obligor that will be sufficient to satisfy the child or

spousal support arrearage owed. The court or its magistrate, after a hearing, shall establish the

amount of the child or spousal support arrearage, and the nature and value of the tangible personal

property. To effect the assignment, the court or its magistrate may order the obligor to execute and

deliver the documents of title that may be necessary to complete the transfer of title to the property,

and may order the obligor to deliver possession of the property to the obligee. Whenever the obligor

fails to comply with the order assigning the property, the order of assignment shall be regarded as

a judgment vesting title to the property in the obligor as fully and completely as if the obligor had

executed and delivered the documents of title.

     (2) Any order for child support issued by the family court shall contain a provision

requiring either or both parents owing a duty of support to a child to obtain health insurance

coverage for the child when coverage is available to the parent or parents through their employment

without cost or at a reasonable cost. “Reasonable cost” shall be defined in accordance with

guidelines adopted by administrative order of the family court in conjunction with the child support

guidelines.

     (3) Any existing child support orders may be modified in accordance with this subsection

unless the court makes specific written findings of fact that take into consideration the best interests

of the child and conclude that a child support order or medical order would be unjust or

inappropriate in a particular case.

     (4) In addition, the national medical support notice shall be issued with respect to all orders

issued, enforced, or modified on or after October 1, 2002, in accordance with chapter 29 of this

title15. The notice shall inform the employer of provisions in the child support order, for healthcare

coverage for the child, and contain instructions on how to implement this coverage. In lieu of the

court ordering the noncustodial parent to obtain or maintain healthcare coverage for the child, the

court may order the noncustodial parent to contribute a weekly cash amount towards the medical

premium for healthcare coverage paid by the state of Rhode Island and/or the custodial parent. The

method to determine a reasonable weekly amount shall be addressed in the family court

administrative order pertaining to the child support guidelines.

     (e) In a proceeding to establish support, the court in its discretion may, after opportunity

for a hearing, issue a temporary order for child support payable into the registry of the court and to

be held pending entry of judgment. In the event of a final adjudication requiring no payment or

payments in an amount less than those payments that have been made pursuant to a temporary order

under this section, the defendant shall be entitled to a refund of all or a portion of the amounts paid.

     (f) In any proceeding to establish support, or in any case in which an obligor owes past-

due support, for a child or children receiving public assistance pursuant to chapter 5.1 of title 40,

the court or its magistrate, upon a finding that an able-bodied absent parent obligor is unemployed,

underemployed, or lacks sufficient income or resources from which to make payment of support

equal to the public assistance payment for the child or children, or is unable to pay the arrearages

in accordance with a payment plan, may order that parent to perform unpaid community service for

at least twenty (20) hours per week through community service placements arranged and supervised

by the department of human services or to participate in any work activities that the court deems

appropriate. The performance of community service shall not be a basis for retroactive suspension

of arrears due and owing.

     (g)(1) In any proceeding to establish support for a minor child whose adjudicated parent is

a minor (minor-parent), the court or its magistrate may order a grandparent of the minor child to

reimburse the department of human services in an amount not to exceed the total amount of cash

assistance benefits paid to or for the minor child pursuant to chapter 5.1 of title 40 until the minor-

parent reaches the age of eighteen (18), less any payment made to the department by the minor

parent.

     (2) The obligation of reimbursement for the minor child shall be the joint and several

responsibility of the minor parent and the grandparent(s) until the minor parent reaches the age of

eighteen (18); provided, that each joint obligor shall have a right of contribution against each joint

obligor, which right shall be enforceable by an action in the family court.

     (h)(1) All support orders established or modified in the state on or after October 1, 1998,

shall be recorded with the Rhode Island family court department of human services child-support-

enforcement computer system, which maintains the official registry of support orders entered in

accordance with applicable administrative orders issued by the Rhode Island family court. The

support order shall be recorded whether or not services are being provided under the IV-D state

plan.

     (2) The obligee to a paternity or child support proceeding shall be required to file with the

family court, upon the entry of the order, the appropriate form as provided by family court that

includes the full name of the parties, residential and mailing address, telephone number, drivers

license number, social security number, and the name, address, and telephone number of the

employer. The form shall also include the full order amount and date and amount of arrearages if

any, the name of the child(ren), their date of birth, address, social security number, and any other

information as required by administrative order.

     (3) After this, each party is required to file an amended form, whenever any of the

information contained on the original form has been changed in any way, within ten (10) days of

the change. The information shall be entered in the child-support-enforcement computer system

within five (5) business days of receipt of the amended form.

     (i) In any subsequent child-support-enforcement action between the parties, upon sufficient

showing that diligent effort has been made to ascertain the location of such a party, the court may

deem state due process requirements for notice and service of process to be met with respect to the

party, upon service by first class mail or, where appropriate, by service as specified in the Rhode

Island rules of procedure for domestic relations for the family court of Rhode Island, of written

notice to the most recent residential or employer address of record.

     [See § 12-1-15 of the General Laws.]

 

357)

Section

Amended By Chapter Numbers:

 

15-5-17

163 and 165

 

 

15-5-17. Change of name.

     Any woman person, to whom a divorce from the bond of marriage is decreed, shall, upon

request, be authorized by the decree to change her their name, notwithstanding that there may be

children born of the marriage, and subject to the same rights and liabilities as if her their name had

not been changed. This statute is in addition to, and not in abrogation of, the common law.

 

358)

Section

Amended By Chapter Numbers:

 

15-15-3

282 and 283

 

 

15-15-3. Protective orders — Penalty — Jurisdiction.

     (a) A person, or a parent, custodian, or legal guardian on behalf of a minor child or the

director of the department of children, youth and families (“DCYF”) or its designee for a child in

the custody of DCYF, pursuant to §§ 40-11-7 and 40-11-7.1, suffering from domestic abuse or

sexual exploitation as defined in § 15-15-1, may file a complaint in the family court requesting any

order that will protect and support her or him from abuse or sexual exploitation, including, but not

limited to, the following:

     (1) Ordering that the defendant be restrained and enjoined from contacting, assaulting,

molesting, sexually exploiting, or interfering with the plaintiff at home, on the street, or elsewhere,

whether the defendant is an adult or a minor;

     (2) Ordering the defendant to vacate the household immediately, and further providing in

the order for the safety and welfare of all household animals and pets;

     (3) Awarding the plaintiff custody of the minor children of the parties, if any;

     (4) Ordering the defendant to surrender physical possession of all firearms in his or her

possession, care, custody, or control and shall further order a person restrained not to purchase or

receive, or attempt to purchase or receive, any firearms while the protective order is in effect. The

defendant shall surrender said firearms within twenty-four (24) hours of notice of the protective

order to the Rhode Island state police or local police department or to a federally licensed firearms

dealer.

     (i) A person ordered to surrender possession of any firearm(s) pursuant to this section shall,

within seventy-two (72) hours after being served with the order, either:

     (A) File with the court a receipt showing the firearm(s) was physically surrendered to the

Rhode Island state police or local police department, or to a federally licensed firearms dealer; or

     (B) Attest to the court that, at the time of the order, the person had no firearms in his or her

immediate physical possession or control, or subject to their immediate physical possession or

control, and that the person, at the time of the attestation, has no firearms in their immediate

physical possession or control, or subject to their immediate physical possession or control.

     (ii) If a person restrained under this section transfers a firearm(s) to a federally licensed

firearms dealer pursuant to this section, the person restrained under this section may instruct the

federally licensed firearms dealer to sell the firearm(s) or to transfer ownership, in accordance with

state and federal law, to a qualified named individual who is not a member of the person’s dwelling

house, who is not related to the person by blood, marriage, or relationship as defined by § 15-15-

1(7), and who is not prohibited from possessing firearms under state or federal law. The owner of

any firearm(s) sold shall receive any financial value received from its sale, less the cost associated

with taking possession of, storing, and transferring of the firearm(s).

     (iii) Every individual to whom ownership of a firearm(s) is transferred pursuant to this

subsection shall be prohibited from transferring or returning any firearm(s) to the person restrained

under this section while the protective order remains in effect and shall be informed of this

prohibition, Any knowing violation of this subsection is a felony that shall be punishable by a fine

of not more than one thousand dollars ($1,000), or by imprisonment for a term of not less than one

year and not more than five (5) years, or both.

     (iv) An individual to whom ownership of a firearm(s) is transferred pursuant to this

subsection shall return a firearm(s) to the person formerly restrained under this section only if the

person formerly restrained under this section provides documentation issued by a court indicating

that the restraining order issued pursuant to this section that prohibited the person from purchasing,

carrying, transporting, or possessing firearms has expired and has not been extended;

     (5) After notice to the respondent and a hearing, ordering either party to make payments

for the support of a minor child or children of the parties as required by law for a period not to

exceed ninety (90) days, unless the child support order is for a child or children receiving public

assistance pursuant to chapter 5.1 of title 40. In these cases, legal counsel for the division of

taxation, child support enforcement, shall be notified as a party in interest to appear for the purpose

of establishing a child support order under a new or existing docket number previously assigned to

the parties and not under the protective docket number. The child support order shall remain in

effect until the court modifies or suspends the order.

     (b) After notice to the respondent and a hearing, which shall be held within fifteen (15)

days of surrendering said firearms, the court, in addition to any other restrictions, may, for any

protective order issued after or renewed on or after July 1, 2017, continue the order of surrender,

and shall further order a person restrained under this section not to purchase or receive, or attempt

to purchase or receive, any firearms while the protective order is in effect.

     (c) The family court shall provide a notice on all forms requesting a protective order that a

person restrained under this section shall be ordered pursuant to § 11-47-5 to surrender possession

of any firearms while the protective order is in effect. The form shall further provide that any person

who has surrendered his or her firearms shall be afforded a hearing within fifteen (15) days of

surrendering his or her firearms.

     (d) Any firearm surrendered in accordance with this section to the Rhode Island state police

or local police department shall be returned to the person formerly restrained under this section

upon his or her the person’s request when:

     (1) The person formerly restrained under this section produces documentation issued by a

court indicating that the restraining order issued pursuant to this section that prohibited the person

from purchasing, carrying, transporting, or possessing firearms has expired and has not been

extended; and

     (2) The law enforcement agency in possession of the firearms determined that the person

formerly restrained under this section is not otherwise prohibited from possessing a firearm under

state or federal law.

     (3) The person required to surrender their firearms pursuant to this section shall not be

responsible for any costs of storage of any firearms surrendered pursuant to this section.

     (e) The Rhode Island state police are authorized to develop rules and procedures pertaining

to the storage and return of firearms surrendered to the Rhode Island state police or local police

departments pursuant to this section. The Rhode Island state police may consult with the Rhode

Island Police Chiefs’ Association in developing rules and procedures.

     (f) Nothing in this section shall be construed to limit, expand, or in any way modify orders

issued under § 12-29-7 or § 15-5-19.

     (g) Nothing in this section shall limit a defendant’s right under existing law to petition the

court at a later date for modification of the order.

     (h) The court shall immediately notify the person suffering from domestic abuse whose

complaint gave rise to the protective order, and the law enforcement agency where the person

restrained under this section resides, of the hearing.

     (i) The person suffering from domestic abuse, local law enforcement, and the person

restrained under this section shall all have an opportunity to be present and to testify when the court

considers the petition.

     (j) At the hearing, the person restrained under this section shall have the burden of showing,

by clear and convincing evidence, that, if his or her firearm rights were restored, he or she would

not pose a danger to the person suffering from domestic abuse or to any other person.

     (1) In determining whether to restore a person’s firearm rights, the court shall examine all

relevant evidence, including, but not limited to: the complaint seeking a protective order; the

criminal record of the person restrained under this section; the mental health history of the person

restrained under this section; any evidence that the person restrained under this section has, since

being served with the order, engaged in violent or threatening behavior against the person suffering

from domestic abuse or any other person.

     (2) If the court determines, after a review of all relevant evidence and after all parties have

had an opportunity to be heard, that the person restrained under this section would not pose a danger

to the person suffering from domestic abuse or to any other person if his or her their firearm rights

were restored, then the court may grant the petition and modify the protective order and lift the

firearm prohibition.

     (3) If the court lifts a person’s firearms prohibition pursuant to this subsection, the court

shall issue the person written notice that he or she the person is no longer prohibited under this

section from purchasing or possessing firearms while the protective order is in effect.

     (k) The prohibition against possessing a firearm(s) due solely to the existence of a domestic

violence restraining order issued under this section shall not apply with respect to sworn peace

officers as defined in § 12-7-21 and active members of military service, including members of the

reserve components thereof, who are required by law or departmental policy to carry departmental

firearms while on duty or any person who is required by his or her their employment to carry a

firearm in the performance of his or her their duties. Any individual exempted pursuant to this

exception may possess a firearm only during the course of his or her their employment. Any

firearm required for employment must be stored at the place of employment when not being

possessed for employment use; all other firearm(s) must be surrendered in accordance with this

section.

     (l) Upon motion by the plaintiff, his or her the plaintiff’s address shall be released only at

the discretion of the family court judge.

     (m)(1) Any violation of the protective orders in subsection (a) of this section shall subject

the defendant to being found in contempt of court.

     (2) The contempt order shall not be exclusive and shall not preclude any other available

civil or criminal remedies. Any relief granted by the court shall be for a fixed period of time not to

exceed three (3) years, at the expiration of which time the court may extend any order, upon motion

of the plaintiff, for any additional time, that it deems necessary to protect the plaintiff from abuse.

The court may modify its order at any time upon motion of either party.

     (n)(1) Any violation of a protective order under this chapter of which the defendant has

actual notice shall be a misdemeanor that shall be punished by a fine of no more than one thousand

dollars ($1,000) or by imprisonment for not more than one year, or both. Beginning July 1, 2025,

said violation shall be prosecuted by an attorney appointed by the prosecuting authority who shall

self-certify that they have successfully completed a specialized domestic violence prosecution

training course and updated training every four (4) years thereafter, aligned with national best

practices and eligible for continuing legal education credit(s) as approved by the Rhode Island Bar

Association.

     (2) The penalties for violation of this section shall also include the penalties as provided

by § 12-29-5.

     (o) Actual notice means that the defendant has received a copy of the order by service or

by being handed a copy of the order by a police officer pursuant to § 15-15-5(d).

     (p)(1) The district court shall have criminal jurisdiction over all adult violations of this

chapter.

     (2) The family court shall have jurisdiction over all juvenile violations of this chapter.

 

359)

Section

Amended By Chapter Numbers:

 

16-2-2

433 and 434

 

 

16-2-2. City and town schools required — School year — Location — Kindergartens.

     (a)(1) Except as specifically provided in this section, every city or town shall establish and

maintain for at least one hundred eighty (180) days annually or the equivalent thereof, exclusive of

holidays, a sufficient number of schools in convenient places under the control and management of

the school committee and under the supervision of the Rhode Island Board of Education. In lieu of

a convenient location, the school committee may provide transportation for pupils to and from

school in accordance with the provisions of chapter 21 of this title. Provided, that a school district

may establish a school year that is the equivalent of one hundred eighty (180) days through the use

of longer school days or combination of longer and shorter school days in terms of school hours,

or pursuant to subsection (c) of this section, and that may total less than one hundred eighty (180)

separate days, so long as through the use of the longer school day days or through the use of a

combination of longer and shorter school days, the school district annually provides a minimum of

one thousand eighty (1,080) school hours in a single school year. This figure is based on a minimum

of six (6) hours per school day. For purposes of clarification, the intent herein is to permit school

districts to amend their school year to provide for longer school days while reducing the actual

number of days in which the school facilities must be fully staffed and maintained flexibility in the

delivery of educational services, but to insure ensure that in doing so, school districts shall still

provide the minimum amount of instruction time contemplated by this section one thousand eighty

(1,080) school hours in a single school year and shall still provide any instructional hours minimum

in a single school year. Provided, however, that the flexibility granted herein also applies to a daily

instructional hours minimum otherwise required by the Rhode Island Board of Education or by the

department of elementary and secondary education. Nothing herein shall be deemed to limit a

school district from exceeding the minimum amounts of days and hours set forth herein.

     (2) School districts intending to make use of the option flexibility provided herein to

lengthen school days and shorten the school year shall submit a detailed school day plan and a

proposed school calendar to the commissioner of elementary and secondary education for approval.

The commissioner shall review the submitted school day plan and the submitted calendar to

determine whether the plan and calendar are academically sound and fiscally efficient. The

commissioner may grant or shall not unreasonably deny approval of the plan and/or the calendar.

     (3) Professional development, including common planning time, is critically important to

provide the best instruction for students, meet legislative requirements, and maintain best practices.

For this reason, districts are allowed the flexible use early release days; provided that districts meet

the yearly requirement of one thousand eighty (1,080) school hours.

     (b) School facilities shall include a sufficient number of kindergartens.

     (c) On or before December 1, 2017, the department of elementary and secondary education

shall establish a policy that allows a school district to submit a detailed plan, at any time, to the

commissioner of elementary and secondary education that would allow the schools to conduct

instruction through virtual education when the schools have been closed due to inclement weather

or other emergency. The plan for virtual education would be subject to, and require approval by,

the council on elementary and secondary education in order to count as a school day.

 

360)

Section

Amended By Chapter Numbers:

 

16-7-17

117 (Article 8), 382 and 383

 

 

16-7-17. Time of payment of state’s share of the basic program and approved

expenditures.

     There shall be paid by the state to each community in twelve (12) monthly installments an

amount as determined by law to be the state’s share of the cost of the basic program for the reference

year and all approved expenditures in excess of the basic program for the reference year,; provided,

however, that these payments to a community shall be reduced by the amount of funds deposited

by the department into the local education agency EPSDT account in accordance with § 40-8-18

on behalf of the community. The July payment shall be two and fifty-four hundredths percent

(2.54%) of the state’s share based upon the estimated pupil data, valuation data, and expenditure

data for the reference year and the August through June payments shall each be eight and eighty-

six hundredths percent (8.86%) of the aid due and payable based upon the data for the reference

year, except for the city of East Providence which shall be paid during October and April in

accordance with chapter 344 of the Public Laws of 1982. This payment schedule of twelve (12)

monthly installments shall also apply to the city of East Providence, notwithstanding any provisions

to the contrary contained in Pub. L.P.L. 2012, ch. 241, art. 12, § 5.

 

361)

Section

Amended By Chapter Numbers:

 

16-8-10.2

247 and 248

 

 

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, exclusive of paid time off, including vacation days, or other

forms of compensatory time off, whichever is longer.

 

 

 

 

 

362)

Section

Amended By Chapter Numbers:

 

16-16-1

117 (Article 12) and 403 (Article 2)

 

 

PL. 117 (Article 12)

 

 

16-16-1. Definitions.

     (a) The following words and phrases used in this chapter, unless a different meaning is

plainly required by the context, have the following meanings:

     (1) “Active member” means any teacher as defined in this section for whom the retirement

system is currently receiving regular contributions pursuant to §§ 16-16-22 and 16-16-22.1.

     Except as otherwise provided in this section, the words and phrases used in this chapter, so

far as applicable, have the same meanings as they have in chapters 8 to 10 of title 36.

     (2) “Beneficiary” means any person in receipt of annuity, benefit, or retirement allowance

from the retirement system as provided in this chapter.

     (3) “Child” includes a stepchild of a deceased member who has been a stepchild for at least

one year immediately preceding the date on which the member died or an adopted child of a

deceased member without regard to the length of time the child has been adopted.

     (4) “Former spouse divorced” means a person divorced from a deceased member, but only

if the person meets one of the following conditions:

     (i) Is the mother or father of the deceased member’s child(ren);

     (ii) Legally adopted the deceased member’s child(ren) while married to the deceased

member and while the child(ren) was under the age of eighteen (18) years;

     (iii) Was married to the deceased member at the time both of them legally adopted a

child(ren) under the age of eighteen (18) years; or

     (iv) Was married to the deceased member for ten (10) or more years and to whom the

deceased member was required by a court order to contribute post-divorce support.

     (5) “Member” means any person included in the membership of the retirement system

under the provisions of this chapter.

     (6) “Prior service” means service as a teacher rendered prior to the first day of July, 1949,

certified on the teacher’s prior service certificate and allowable as prior service under the provisions

of this chapter.

     (7) “Retired teacher” means any teacher who retired prior to July 1, 1949, pursuant to the

provisions of G.L. 1938, ch. 195, as amended, and who on June 30, 1949, was in receipt of a pension

under the provisions of that chapter.

     (8) “Retirement system” and “system” means the employees’ retirement system of the state

of Rhode Island created by chapter 8 of title 36, and “retirement board” means the board established

under that chapter.

     (9) “Salary” or “compensation” includes any and all salary paid for teaching services

regardless of whether any part of the salary or compensation is derived from any state or federal

grant or appropriation for teachers’ salaries, as the term is defined in § 36-8-1(8). “Average

compensation” shall be defined in accordance with section § 36-8-1(5)(a)(b).

     (10) “Service” means service as a teacher as described in subdivision (12) of this section.

Periods of employment as teacher, principal, assistant principal, supervisor, superintendent, or

assistant superintendent shall be combined in computing periods of service and employment.

     (11) “Spouse” means the surviving person who was married to a deceased member, but

only if the surviving person meets one of the following conditions:

     (i) Was married to the deceased member for not less than one year immediately prior to the

date on which the member died;

     (ii) Is the mother or father of the deceased member’s child(ren);

     (iii) Legally adopted the deceased member’s child(ren) while married to the deceased

member and while the child(ren) was under the age of eighteen (18) years; or

     (iv) Was married to the deceased member at the time both of them legally adopted a

child(ren) under the age of eighteen (18) years.

     (12) “Teacher” means a person required to hold a certificate of qualification issued by or

under the authority of the board of regents for elementary and secondary education and who is

engaged in teaching as their principal occupation and is regularly employed as a teacher in the

public schools of any city or town in the state, or any formalized, commissioner approved,

cooperative service arrangement. The term includes a person employed as a teacher, supervisor,

principal, assistant principal, superintendent, or assistant superintendent of schools, director,

assistant director, coordinator, consultant, dean, assistant dean, educational administrator, nurse

teacher, and attendance officer or any person who has worked in the field of education or is working

in the field of education who holds a teaching or administrative certificate. In determining the

number of days served by a teacher the total number of days served in any public school of any city

or town in the state may be combined for any one school year. The term also includes a school

business administrator whether or not the administrator holds a teaching or administrative

certificate, and also includes occupational therapists and physical therapists licensed by the

department of health and employed by a school committee in the state, or by any formalized,

commissioner approved, cooperative service arrangement.

     (13) “Teaching” includes teaching, supervising, and superintending or assistant

superintending of schools.

     (14) “Total service” means prior service as defined in subdivision (6) of this section, plus

service rendered as a member of the system on or after the first day of July, 1949.

     (15) For purposes of this chapter, “domestic partner” shall be defined as a person who,

prior to the decedent’s death, was in an exclusive, intimate, and committed relationship with the

decedent, and who certifies by affidavit that their relationship met the following qualifications:

     (i) Both partners were at least eighteen (18) years of age and were mentally competent to

contract;

     (ii) Neither partner was married to anyone else;

     (iii) Partners were not related by blood to a degree that would prohibit marriage in the state

of Rhode Island;

     (iv) Partners resided together and had resided together for at least one year at the time of

death; and

     (v) Partners were financially interdependent as evidenced by at least two (2) of the

following:

     (A) Domestic partnership agreement or relationship contract;

     (B) Joint mortgage or joint ownership of primary residence;

     (C) Two (2) of: (I) Joint ownership of motor vehicle; (II) Joint checking account; (III) Joint

credit account; (IV) Joint lease; and/or

     (D) The domestic partner had been designated as a beneficiary for the decedent’s will,

retirement contract, or life insurance.

     (b) The masculine pronoun wherever used shall also include the feminine pronoun.

     (c) Any term not specifically defined in this chapter and specifically defined in chapters 8

— 10 of title 36 shall have the same definition as set forth in chapters 8 — 10 of title 36.

 

PL. 403 Article 2

 Except as otherwise provided in this section, the words and phrases used in this

chapter, so far as applicable, have the same meanings as they have in chapters 8 to 10 of title

36

   (9) “Salary” or “compensation” includes any and all salary paid for teaching services

regardless of whether any part of the salary or compensation is derived from any state or federal

grant or appropriation for teachers’ salaries, as the term is defined in § 36-8-1(8). “Average

compensation” shall be defined in accordance with section 36-8-1(5)(a).

     (12) “Teacher” means a person required to hold a certificate of qualification issued by or

under the authority of the board of regents forcouncil on elementary and secondary education and

who is engaged in teaching as their principal occupation and is regularly employed as a teacher in

the public schools of any city or town in the state, or any formalized, commissioner approved,

cooperative service arrangement. The term includes a person employed as a teacher, supervisor,

principal, assistant principal, superintendent, or assistant superintendent of schools, director,

assistant director, coordinator, consultant, dean, assistant dean, educational administrator, nurse

teacher, and attendance officer or any person who has worked in the field of education or is working

in the field of education who holds a teaching or administrative certificate. In determining the

number of days served by a teacher the total number of days served in any public school of any city

or town in the state may be combined for any one school year. The term also includes a school

business administrator whether or not the administrator holds a teaching or administrative

certificate, and also includes occupational therapists and physical therapists licensed by the

department of health and employed by a school committee in the state, or by any formalized,

commissioner approved, cooperative service arrangement.

 

363)

Section

Amended By Chapter Numbers:

 

16-21-4

174 and 175

 

 

16-21-4. Fire, evacuation, and lockdown drills required — Failure to comply.

     (a)(1) It shall be the duty of the principal or other person in charge of every public school

or private school, college, university, or postsecondary institutions or educational institution within

the state, having more than twenty-five (25) pupils, to instruct and train the pupils by means of

drills, so that they may in a sudden emergency be able to leave school buildings and dormitories in

the shortest possible time and without confusion or panic.

     (2) Notwithstanding other provisions of this section, in all schools or buildings used for

educational purposes through the twelfth grade by six (6) or more persons for four (4) or more

hours per day or more than twelve (12) hours per week, there shall be not less than one emergency

egress drill conducted every month the facility is in session with all occupants of the building

participating in said drill. One additional emergency egress drill shall be conducted in buildings

that are not open on a year-round basis within the first (1st) thirty (30) days of operation. At least

one out of every four (4) emergency egress drills or rapid dismissals shall be obstructed by means

of which at least one or more exits and stairways in the school building are blocked off or not used.

In addition, there shall be two (2) evacuation drills and two (2) lockdown drills. Evacuation drills

shall be designed and conducted for use when conditions outside the school building are safer than

conditions inside the building. Lockdown drills shall be designed and conducted for use to protect

school building occupants from potential dangers in the building, and one shall be held in

September and one in January, and in conjunction with the local police whenever possible.

     (3) An administrator may, in the administrator’s discretion, replace one fire drill with an

evacuation drill to incorporate emergency procedures for responding to explosive hazard(s) in the

school such as a bomb threat or gas leak, which hazard necessitates moving the students farther

from the school than the students would do for a fire drill.

     (b)(1) In colleges, universities, postsecondary institutions, and residence facilities in public

schools or private schools there shall be at least four (4) drills or rapid dismissals during the

academic year for each school building or residence facility, at least two (2) of which shall be held

between the months of September through December. The remaining two (2) drills shall be held

between the months of January through June. Any college, university, or postsecondary institution

that holds a summer session shall hold a drill or rapid dismissal during the first full week of the

summer session.

     (2) At least one drill or rapid dismissal shall be obstructed so that at least one or more exits

or stairways in the school building or dormitory are blocked off or not used.

     (c) For purposes of this section “residence facility” means a dormitory, fraternity, sorority,

or any other type of residence hall, whether on campus or off campus, owned or leased by a college,

university, postsecondary institutions, public schools, or private school with accommodations for

twenty (20) or more students.

     (d) Notwithstanding other provisions of this section, fire drills shall be required in colleges

or universities only for buildings which are used for a residence facility.

     (e) Neglect by any principal or any person in charge of any public or private school or

educational institution to comply with the provisions of this section shall be a misdemeanor

punishable by a fine not exceeding five hundred dollars ($500).

     (f) Written reports, on forms supplied by the department of elementary and secondary

education, of each fire drill shall be completed immediately upon termination of every drill and

shall be available for review by the fire marshal, assistant deputy fire marshal, or local fire

authority. The fire marshal, assistant deputy fire marshal, or local fire authority may require that a

fire drill be conducted in his or her presence.

     (g) Lockdown drills may be announced in advance at the discretion of the school

administrator.

     (h) Emergency drills shall be age appropriate and developmentally appropriate and shall

include and involve all school personnel, including school-based mental health professionals as

well as substitute teachers. School officials shall work towards and implement, wherever possible,

trauma-informed practices into emergency drills to address the concerns and well-being of students

and school personnel. As used herein, the term “emergency drills” has the same meaning as in

chapter 21.8 of this title 16 (“school emergency drills act”).

 

364)

Section

Amended By Chapter Numbers:

 

16-21-7

431 and 432

 

 

16-21-7. School health.

     (a) All schools that are approved for the purpose of §§ 16-19-1 and 16-19-2 shall have a

school health program that shall be approved by the state director of the department of health and

the commissioner of elementary and secondary education or the commissioner of higher education,

as appropriate. The program shall provide for the organized direction and supervision of a healthful

school environment, health education, and services. The program shall include and provide for the

administration of nursing care by certified nurse teachers, as defined in § 16-21-8, as shall be

requested, in writing, by the attending physician of any student and authorized, in writing, by the

parent or legal guardian of the student. No instruction in the characteristics, symptoms, and the

treatment of disease shall be given to any child whose parent or guardian shall present a written

statement signed by them stating that the instructions should not be given the child because of

religious beliefs.

     (b) [Deleted by P.L. 2016, ch. 529, § 1.]

     (c)(1) All Rhode Island elementary, middle, and high schools that sell or distribute

competitive foods and beverages on the school campus during the school day shall be required to

offer only healthy foods and beverages as set forth by the United States Department of Agriculture

under the Healthy, Hunger-Free Kids Act of 2010, Pub. L. No. 111-296, 42 U.S.C. § 1758 et seq.,

and federal regulations implementing the act promulgated pursuant to the provisions of 42 U.S.C.

§ 1779(b). Provided, the Rhode Island board of education or local school committees may adopt

more restrictive policies than the ones referenced herein.

     (2) Notwithstanding any provisions of §§ 16-8-9, 16-8-10, 16-8-10.1, or of this section to

the contrary, for the period commencing August 30, 2024, through to and including August 29,

2026, the board of education shall waive any requirements on all Rhode Island elementary, middle,

and high schools that on a weekly basis, at least one-half (1/2) of the grain servings in United

States Department of Agriculture (USDA) meals must be one hundred percent (100%) whole grain

and that the remaining grain servings must be whole grain rich, in order to be deemed reimbursable

meals pursuant to federal law including, but not limited to, 7 C.F.R. §210.10 and 7 C.F.R. §220.8,

and any amendments thereto.

     (3) On or before September 1, 2026, the chief administrator of every Rhode Island

elementary, middle, and high school shall report to the commissioner, the total number of meals

served which that were reimbursable pursuant to the provisions of the National School Lunch Act

(42 U.S.C. § 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. § 1771 et seq.), and the

total number of meals served which that were non-reimbursable pursuant to the provisions of

subsection (c)(2) of this section for the period of August 30, 2024, until August 29, 2026. The

commissioner shall submit a copy of all the received reports to the governor, senate president, and

speaker of the house on or before September 15, 2026.

     (d) Schools may permit the sale of beverages and snacks that do not comply with subsection

(c) as part of school fundraising in any of the following circumstances:

     (1) The sale of those items takes place off and away from the school campus.

     (2) The sale of those items takes place after the end of the school day as defined in

subsection (g).

     (3) Career and technical schools with culinary arts or food-service programs may request

an exemption from the department of elementary and secondary education to enable the limited

sale of noncompliant snacks and beverages that have been prepared by culinary students as part of

their curriculum. No specially exempted fundraiser foods or beverages may be sold in competition

with school meals during the meal service.

     (e) The department of elementary and secondary education shall post on its website

resources to assist school districts with implementation of this section.

     (f) The department of elementary and secondary education shall develop a process to

monitor compliance with this section.

     (g) Definitions. As used in this section:

     (1) “Competitive foods” means all foods and beverages, other than meals reimbursed under

the Richard B. Russell National School Lunch Act (42 U.S.C. § 1751 et seq.) and the Child

Nutrition Act of 1966 (42 U.S.C. § 1771 et seq.), available for sale to students on the school campus

during the school day.

     (2) “School campus” means all areas of the property under the jurisdiction of the school

that are accessible to students during the school day.

     (3) “School day” means the period from midnight before, to sixty (60) minutes after, the

end of the official school day.

     (h) The standards set forth and referenced in this section shall apply throughout the entire

school campus, including, but not limited to, a la carte food sale, school stores, vending machines,

and fundraisers held during the school day.

 

365)

Section

Amended By Chapter Numbers:

 

16-21-24

174 and 175

 

 

16-21-24. Requirements of school safety plans, school emergency response plans, and

school crisis response plans.

     (a) School safety plans, as required by this chapter, shall address, but not to be limited to,

prevention, mitigation, preparedness, response, and recovery. The school safety plans shall include,

at a minimum, the following policies and procedures:

     (1) Appropriate prevention, mitigation, preparedness, and intervention strategies which are

based on data to target priority needs and which make use of effective actions based on currently

accepted best practices and once developed, the appropriate parts of the state model plan pursuant

to general laws § 16-21-23.1 that include consistent, plain language and terminology;

     (2) Formalized collaborative arrangements with state and local law enforcement and fire

fighter firefighter officials, designed to ensure that school safety officers and other security

personnel are adequately trained, including being trained to de-escalate potentially violent

situations, and are effectively and fairly recruited;

     (3) Policies and procedures relating to school building security, including where

appropriate the use of school safety officers and/or security devices or procedures;

     (4) Policies and procedures for annual school safety training and a review of the school

crisis response plan for staff and students;

     (5) Protocols for school personnel and students responding to swatting, bomb threats,

hostage-takings, intrusions, and kidnappings that include consistent, plain language and

terminology that is recommended by the model plan pursuant to general laws § 16-21-23.1. For

purposes of this chapter, "swatting" means the action or practice of making a prank call to

emergency services in an attempt to bring about the dispatch of law enforcement personnel to a

particular address;

     (6) Policies and procedures for responding to violence by students, teachers, other school

personnel as well as visitors to the school that include consistent, plain language and terminology

that is recommended by the model plan pursuant to general laws § 16-21-23.1;

     (7) Policies and procedures for responding to acts of violence by students, teachers, other

school personnel and visitors to the school that include consistent, plain language and terminology

that is recommended by the model plan pursuant to general laws § 16-21-23.1;

     (8) Policies and procedures for contacting appropriate law enforcement officials and

EMS/Fire, in the event of a violent incident and that include consistent, plain language and

terminology that is recommended by the model plan pursuant to general laws § 16-21-23.1;

     (9) Policies and procedures for notification and activation of the school crisis response

team that include consistent, plain language and terminology that is recommended by the model

plan pursuant to general laws § 16-21-23.1;

     (10) Policies and procedures for contacting parents, guardians, or persons in parental

relation to the students of the city, town, or region in the event of a violent incident;

     (11) Policies and procedures for the dissemination of informative materials regarding the

early detection of potentially violent behaviors, including, but not limited to, the identification of

family, community, and environmental factors, to teachers, administrators, school personnel,

persons in parental relation to students of the city, town, or region students and other persons

deemed appropriate to receive that information;

     (12) Strategies for improving communication, including use of common, consistent plain

language by school district officials, school officials, and emergency responders, among students

and between students and staff and reporting of potentially violent incidents, such as the

establishment of youth-run programs, peer mediation, conflict resolution, creating a forum or

designating a mentor for students concerned with bullying or violence, and establishing anonymous

reporting mechanisms for school violence;

     (13) A description of the duties of hall monitors and any other school safety personnel,

including the school crisis response team, and the training requirements of all personnel acting in

a school security capacity and policies and procedures for students, personnel who are in the

hallway during a lockdown or similar emergency situation that include consistent language and

terminology that is recommended by the department of elementary and secondary education;

     (14) Policies and procedures for providing notice of threats of violence or harm to the

student or school employee who is the subject of the threat. The policy shall define “threats of

violence or harm” to include violent actions and threats of violent actions either individually or by

groups, but shall not include conduct or comments that a reasonable person would not seriously

consider to be a legitimate threat;

     (15) Policies and procedures for disclosing information that is provided to the school

administrators about a student’s conduct, including, but not limited to, the student’s prior

disciplinary records, and history of violence, to classroom teachers, school staff, and school

security, if they have been determined by the principal to have a legitimate need for the information

in order to fulfill their professional responsibilities and for protecting such information from any

further disclosure; and

     (16) Procedures for determining whether or not any threats or conduct established in the

policy may be grounds for discipline of the student. School districts, school committees, school

officials, and school employees providing notice in good faith as required and consistent with the

committee’s policies adopted under this section are immune from any liability arising out of such

notification; and

     (17) Procedures for students and school staff to both prepare for and to participate in

emergency drills.

     (b) School safety plans, as required by this chapter, shall further include school emergency

response plans specific to each school building contained within each city, town, or regional school

district, and shall be developed and approved in consultation with local police and fire. The state

police shall provide consultation for those school districts that for whatever reason may not have

access to local police. School emergency response plans shall include, and address, but not be

limited to, the following elements:

     (1) Policies and procedures for the safe evacuation of students, teachers, and other school

personnel as well as visitors to the school in the event of a serious violent incident or other

emergency, which shall include evacuation routes and shelter sites and procedures for addressing

medical needs, transportation, and emergency notification to persons in parental relation to a

student. For purposes of this subdivision, “serious violent incident” means an incident of violent

criminal conduct that is, or appears to be, life threatening and warrants the evacuation of students

and/or staff;

     (2) Designation of an emergency response team comprised of school personnel, local law

enforcement officials, and representatives from local, regional, and/or state emergency response

agencies, other appropriate incident response teams including a school crisis response team, and a

post-incident response team that includes appropriate school personnel, medical personnel, mental

health counselors, and others who can assist the school community in coping with the aftermath of

a violent incident;

     (3) Procedures for assuring that crisis response and law enforcement officials have access

to floor plans, blueprints, schematics, or other maps of the school interior and school grounds, and

road maps of the immediate surrounding area;

     (4) Establishment of internal and external communication systems in emergencies that

include consistent, plain language and terminology that is recommended by the model plan

established pursuant to general laws § 16-21-23.1;

     (5) Definition and formalization of the chain of command in a manner consistent with the

national interagency incident management system/incident command system;

     (6) Procedures for review and the conduct of drills and other exercises to test components

of the emergency response plan, including use of checklists as described in § 16-21-23.1;

     (7) Policies and procedures for securing and restricting access to the crime scene in order

to preserve evidence in cases of violent crimes on school property; and

     (8) Policies and procedures for ensuring timely access to mental health services for those

students and school employees affected by a violent incident.

 

366)

Section

Amended By Chapter Numbers:

 

16-21-40

174 and 175

 

 

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) 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 schoolwide learning

environment. Provided, effective July 1, 2024, this requirement shall include integrating trauma-

informed practices into emergency drills.

     (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 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.

 

367)

Section

Added By Chapter Numbers:

 

16-21-42

103 and 104

 

 

16-21-42. Diabetes informational material.

     (a) The department of education (RIDE), in consultation with the department of health,

shall develop type 1 diabetes informational materials for the parents and guardians of students. The

informational materials shall be made available to each school district, charter school, and mayoral

academy through RIDE's website. The informational materials shall be provided in a multilingual

format set forth in at a minimum, the three (3) most common foreign language languages used by

the parents of public school students.

     (b) On and after January 1, 2025, the governing board of each school district and governing

body of a charter school and mayoral academy, shall make the type 1 diabetes informational

materials accessible to the parent or guardian of every student when the student is first enrolled in

elementary school.

     (c) Information provided to parents and guardians pursuant to this section may include, but

shall not be limited to, all of the following:

     (1) A description of type 1 diabetes.

     (2) A description of the risk factors and warning signs associated with type 1 diabetes.

     (3) A recommendation regarding those students displaying warning signs associated with

type 1 diabetes that the parents or guardians of those students should immediately consult with the

student's primary care provider to determine if immediate screening for type 1 diabetes is

appropriate.

     (4) A description of the screening process for type 1 diabetes and the implications of test

results.

     (5) A recommendation that, following a type 1 diagnosis, parents or guardians should

consult with the student's primary care provider to develop an appropriate treatment plan, which

may include consultation with and examination by a specialty care provider, including, but not

limited to, a properly qualified endocrinologist.

 

 

368)

Section

Added By Chapter Numbers:

 

16-21.8

174 and 175

 

 

CHAPTER 21.8

SCHOOL EMERGENCY DRILLS ACT

 

 

369)

Section

Added By Chapter Numbers:

 

16-21.8-1

174 and 175

 

 

16-21.8-1. Short title.

     This chapter shall be known and may be cited as the "School Emergency Drills Act."

 

 

370)

Section

Added By Chapter Numbers:

 

16-21.8-2

174 and 175

 

 

16-21.8-2. Definitions.

     As used in this chapter:

     (1) "Active shooter simulation" means any imitation of a school shooting situation that

depicts events using authentic or simulated items including, but not limited to, authentic or

simulated weapons, gunfire, imaginary fatalities or simulated blood or casualties.

     (2) "Emergency drills" means drills that are designed to provide practice and instruction to

students and staff to remain safe. These include, but are not limited to, fire drills, lockdown drills,

and evacuation drills.

     (3) "Evacuation drills" means drills that move students and staff from one place to another

and are designed and conducted to practice for situations where the primary objective is to ensure

that students and staff can quickly move away from the threat and where conditions outside the

school building are safer than conditions inside the school building, necessitating that students

evacuate the building and/or move farther from the school building than the distance required

during a fire drill.

     (4) "Fire drill" means drills that move students and staff from one place to another and are

designed and conducted to practice for situations where the primary objective is to ensure that

students and staff can quickly move away from the threat and where conditions outside the school

building are safer than conditions inside the school building.

     (5) "Trauma-informed" refers to trauma-informed practices that are consistent with the

requirements of this chapter, and shall include, but not be limited to, the requirements and principals

principles used to develop the trauma-informed school implementation plan pursuant to § 16-21-

40 which is designed to support the academic, behavioral, social, and emotional needs of all

students.

 

 

371)

Section

Added By Chapter Numbers:

 

16-21.8-3

174 and 175

 

 

16-21.8-3. Modifications.

     School administrators and school support personnel shall have the discretion to modify an

emergency drill or training for students they determine is appropriate. School administrator and

school support personnel may include and consult with a student's individualized education

program team or federal Section 504 plan team in making these modifications. Administrators and

school support personnel shall not be personally liable for any decision to provide modifications

for a student to an emergency drill under this subsectionsection.

 

 

372)

Section

Added By Chapter Numbers:

 

16-21.8-4

174 and 175

 

 

16-21.8-4. Active shooter simulation.

     Students, teachers, and staff are prohibited from being required to participate in active

shooter simulations. Law enforcement personnel may choose to run an active shooter simulation,

including simulated gun fire drills; provided that, the drill is scheduled only on days when students

are not present.

 

 

373)

Section

Added By Chapter Numbers:

 

16-21.8-5

174 and 175

 

 

16-21.8-5. Parental notification of emergency drills.

     Each September, at the commencement of the school year, schools shall provide parents or

guardians with a written notification containing an overview of all emergency drills training,

together with a description of each drill and its components.

 

 

374)

Section

Added By Chapter Numbers:

 

16-21.8-6

174 and 175

 

 

16-21.8-6. Debriefing after actual emergency events.

     (a) As used herein, the term “emergency event” refers to an incident that prompts a school

to implement an emergency response that is not a scheduled drill.

     (b) Schools and school districts shall develop and implement a debriefing plan to be utilized

after an actual emergency event for each school where the school administrator deems it necessary

to inform parents or guardians based on the severity of the event. The plan shall include best

practices and procedures as provided by the Rhode Island state police, municipal law enforcement,

and school mental health professionals and shall be conducted within a timeframe that is as

expeditious as possible following an actual emergency event and if possible, the debriefing shall

take place on the same day as the actual emergency event and if not on the same day then the

debriefing shall take place on the next school day. School staff and students shall be given an

opportunity for debriefing in conjunction with school mental health professionals and provided,

further, school administrators shall be required to debrief with local emergency responders.

 

 

 

375)

Section

Added By Chapter Numbers:

 

16-22-4.3

368 and 369

 

 

16-22-4.3. Instruction in specially designed physical education.

     (a) Any city or town may enact a municipal ordinance, to provide that any specially

designed physical education instruction that is provided as part of a student's individualized

education program (IEP) shall be open to all students choosing to participate; provided that, the

student agrees to be incorporated into the specially designed physical education class as a "partner"

to help implement the program and accompany and assist the student who requires the IEP.

"Partner" for purposes of this section means any student who enrolls in a specially designed

physical education class whichthat is part of another student's IEP to serve as a partner to provide

assistance to the student.

     (b) Students participating as partners under this section shall receive full credit towards

their graduation requirements as a full participant of the physical education class as if the class

were offered pursuant to § 16-22-4 and each class hour spent as a partner under this section shall

count as an hour of education as requiresrequired by § 16-22-4.

     (c) Participating as a partner under this section shall be subject to procedures regarding

eligibility and approval by the individual school administration.

     (d) The department of education is hereby authorized to promulgate rules and regulations

necessary to effectuate the purposes of this section.

 

376)

Section

Added By Chapter Numbers:

 

16-24-1.1

235 and 236

 

 

16-24-1.1. Parental consent required.

     (a) Unless expressly preempted by federal law, local education agencies (“LEAs”) shall

obtain written parental consent before conducting an initial evaluation or making an initial

placement of a student in a special education program of services. Except when the parent is

unresponsive as described in the exception provided in this section, written parental consent shall

also be obtained before:

     (1) Conducting a reevaluation; and/or

     (2) Making any changes to an existing Individualized Education Program (“IEP”).

     (b) A parent may revoke consent at any time for all special education and related services.

Except for initial evaluation and initial placement, consent may not be required as a condition of

any continuing benefit to the student of existing services while disagreements about services are

being resolved.

     (c) In order that parental consent be properly informed, parents have the right, upon request,

to observe any placement proposed for their child if the child is identified as eligible for special

education services. An LEA may implement reasonable limitations on the timing, duration, and

frequency of observation visits, but may only prohibit parents from visiting a placement with

students present in limited circumstances when such prohibition is necessary to protect:

     (1) The safety of the children in the program during the observation;

     (2) The integrity of the program during the observation; or

     (3) The confidential, personally identifiable information of children in the program,

consistent with the provisions of the Family Educational Rights and Privacy Act (20 U.S.C.

§1232g) and the Individuals with Disabilities Education Act (20 U.S.C. §1400 et seq.,), both as

may be amended from time to time.

     (d) When imposing any such prohibition, the LEA shall:

     (1) Allow parents to visit the placement or setting without students present; and

     (2) Issue a written notification to the parents explaining why it was necessary to prohibit

observation with students present.

     (e) For forty-five-(45)day (45) emergency placements in interim alternative educational

settings under 34 CFR § 300.530(g), LEAs shall offer parents an opportunity to observe the

placement within a reasonable time following the placement, subject to the same reasonable

limitations as described for other observation visits in this section. In implementing regulations,

the Rhode Island department of elementary and secondary education (the “department”) may issue

standards or guidance further detailing reasonable limitations or restrictions allowable hereunder.

     (f) To further ensure informed parental participation, parents shall receive evaluation

reports and other relevant written materials that will be considered at an eligibility or IEP meeting,

including proposed goals and objectives for the IEP if they have been drafted, at least three (3)

calendar days prior to attending the meeting at which those materials will be discussed. To address

parental scheduling needs, parents can agree to the sharing of this material less than three (3)

calendar days ahead of the meeting. All materials provided shall comply with legal requirements

for language accessibility.

     (g) The LEA’s timeframe for conducting initial evaluations and convening a meeting (as

described in 200-RICR-20-30-6.7.2(A)(1)(b)) and for conducting revaluations and convening a

meeting (as described in 200-RICR-20-30-6.7.2(C)(1)(b)) shall be sixty-three (63) calendar days.

     (h)(1) No later than ten (10) school days after receipt of any proposed IEP, the parents shall

accept or reject the IEP in writing.

     (2) If the IEP is rejected, the parents may request a meeting to discuss the rejected IEP.

Until the LEA and parents have reached consensus on a new IEP or the disputed issue(s) have been

resolved via a facilitated IEP meeting, mediation, due process decision, or some other appropriate

means, the existing IEP will remain effective.

     (3) If the IEP is accepted, the LEA shall implement the IEP on the date specified in the

proposed IEP.

     (4) If the parents fail to respond within ten (10) school days after receipt of the proposed

IEP, the LEA shall implement the proposed IEP on the date specified in the IEP.

     (i) An LEA shall not be considered to be in violation of the requirement to make free and

appropriate public education available to the child merely because the child does not receive the

special education and related services for which the parent refuses to provide consent.

     (j) If, subsequent to initial evaluation and initial IEP, the LEA is unable to obtain parental

consent to a reevaluation or to a proposed change to an existing IEP, the LEA shall consider whether

such action will result in the denial of a free, appropriate public education to the student. If, after

consideration, the LEA determines that the parent's failure or refusal to consent will result in a

denial of a free, appropriate public education to the student, it may seek resolution of the dispute

through mediation and/or a due process hearing. This subsection shall not apply if the parent has

revoked consent to all special education and related services.

     (k) When an LEA: (1) Proposes to initiate or change the identification, evaluation, or

educational placement of the child or the provision of a free and appropriate public education to

the child; or (2) Refuses to initiate or change the identification, evaluation, or educational

placement of the child or the provision of a free and appropriate public education to the child, the

LEA shall make and document at least three (3) efforts to contact the parent, utilizing at least two

(2) of the following means: written notices sent by certified mail; electronic mail; telephone call;

and home visits at such time as the parent is likely to be home. All attempts to provide notice shall

comply with legal requirements for language and other accessibility. If the above efforts are

attempted and documented, and the district is unable to secure parental response to a proposed

reevaluation, placement subsequent to the initial placement in a special education program, or

change to an IEP, the LEA may move forward with its proposed reevaluation, change in placement,

and/or change to the existing IEP. This provision to override the lack of parental response shall not

apply if the parent has revoked consent to all special education and related services.

 

377)

Section

Added By Chapter Numbers:

 

16-24-1.2

235 and 236

 

 

16-24-1.2. Rules and regulations.

     No later than July 1, 2026, the department of elementary and secondary education (the

“department”) shall promulgate rules and regulations consistent with the provisions of this section

and §16-24-1.1. No later than December 31, 2026, the department shall additionally review and

revise its guidance related to its individualized education program (“IEP”) processes and consistent

statewide model forms and documents related to IEP development. The department’s development

of revised guidance shall include a robust public engagement process.

 

378)

 

Section

Amended By Chapter Numbers:

 

 

16-48-1

372 and 373

 

 

 

16-48-1. Applicability.

     This chapter shall pertain to any program of educational services to children between the

ages of three (3) and five (5) years of age that is offered by any public school or any private school

that has been approved pursuant to §§ 16-1-5 and 16-60-6 and any regulations promulgated

thereunder.

 

379)

Section

Amended By Chapter Numbers:

 

16-77.2-8

396 and 397

 

 

16-77.2-8. Charter school reporting.

     (a) All district charter schools shall continuously monitor their financial operations by

tracking actual versus budgeted revenue and expense. The chief financial officer of the district

charter school shall submit a report on a quarterly basis to the state office of municipal affairs

commissioner certifying the status of the district charter school budget.

     (b) The quarterly reports shall be in a format prescribed by the state office of municipal

affairs commissioner and the state auditor general. The reports shall contain a statement as to

whether any actual or projected shortfalls in budget line items are expected to result in a year-end

deficit, the projected impact on year-end financial results including all accruals and encumbrances,

and how the district charter school plans to address any such shortfalls. The auditor general or the

state director of administration may petition the superior court to order the district charter school

to file said reports. The director of administration may also direct the state controller and general

treasurer to withhold any funding to the district charter school until the school complies with the

reporting requirements hereunder. Failure to comply with this section shall be cause for the

revocation of the school charter.

 

 

                      

380)

Section

Amended By Chapter Numbers:

 

16-77.3-8

396 and 397

 

 

16-77.3-8. Charter school reporting.

     (a) All independent charter schools shall continuously monitor their financial operations

by tracking actual versus budgeted revenue and expense. The chief financial officer of the

independent charter school shall submit a report on a quarterly basis to the state office of municipal

affairs commissioner certifying the status of the independent charter school budget. The quarterly

reports shall be in a format prescribed by the state office of municipal affairs commissioner and the

state auditor general. The reports shall contain a statement as to whether any actual or projected

shortfalls in budget line items are expected to result in a year-end deficit, the projected impact on

year-end financial results including all accruals and encumbrances, and how the independent

charter school plans to address any such shortfalls.

     (b) The auditor general or the state director of administration may petition the superior

court to order the independent charter school to file said reports. The director of administration may

also direct the state controller and general treasurer to withhold any funding to the independent

charter school until the school complies with the reporting requirements hereunder. Failure to

comply with this section shall be cause for the revocation of the school charter.

 

 

381)

Section

Amended By Chapter Numbers:

 

16-77.4-8

396 and 397

 

 

16-77.4-8. Mayoral academy reporting.

     (a) All mayoral academies shall continuously monitor their financial operations by tracking

actual versus budgeted revenue and expense. The chief financial officer of a mayoral academy shall

submit a report on a quarterly basis to the state office of municipal affairs commissioner certifying

the status of that mayoral academy’s budget. The quarterly reports shall be in a format prescribed

by the state office of municipal affairs commissioner and the state auditor general. The reports shall

contain a statement as to whether any actual or projected shortfalls in budget line items are expected

to result in a year-end deficit, the projected impact on year-end financial results including all

accruals and encumbrances, and how the mayoral academy plans to address any such shortfalls.

     (b) The auditor general or the state director of administration may petition the superior

court to order a mayoral academy to file said reports. The director of administration may also direct

the state controller and general treasurer to withhold any funding to a mayoral academy until the

school complies with the reporting requirements hereunder. Failure to comply with this section

shall be cause for the revocation of the school charter.

 

 

382)

Section

Added By Chapter Numbers:

 

16-114

99 and 100

 

 

CHAPTER 114

SHEILA C. "SKIP" NOWELL ACADEMY

 

383)

Section

Added By Chapter Numbers:

 

16-114-1

99 and 100

 

 

16-114-1. Sheila C. "Skip" Nowell Academy.

     Notwithstanding the provisions of any general or special law to the contrary, the Sheila C.

"Skip" Nowell Academy (hereinafter the "academy") is hereby reconstituted and created as a public

school and local educational agency authorized to operate pursuant to this chapter. The academy

shall, upon the approval of the council foron elementary and secondary education, cease operating

as an independent charter school under chapter 77.3 of this title 16.

 

 

384)

Section

Added By Chapter Numbers:

 

16-114-2

99 and 100

 

 

16-114-2. Purpose and mission.

     (a) The purpose of this chapter and the mission of the Sheila C. "Skip" Nowell Academy

is:

     (1) To primarily support students at risk of school failure, with a special focus on the

diverse needs of pregnant and parenting teens, to create an environment for their individual growth,

and to cultivate their social and emotional development;

     (2) To additionally provide an alternative learning environment for disconnected and at-

risk students, and for students who have recently arrived in the country, desiring to complete their

academic careers in a setting that offers comprehensive support services, accelerated academic

curriculum, leadership development, and life skills that will enable them to become resilient, self-

sufficient adults; and

     (3) To offer a rigorous and relevant standards-driven, experiential learning community, and

to provide college and career preparatory education based on guided, project-based core

curriculum, that is aligned to the state's high-quality curricular standards.

 

385)

Section

Added By Chapter Numbers:

 

16-114-3

99 and 100

 

 

16-114-3. Accountability.

     The academy shall be subject to educational accountability and financial standards and

reporting requirements promulgated in accordance with chapter 35 of title 42 ("administrative

procedures") by the department of elementary and secondary education.

 

386)

Section

Added By Chapter Numbers:

 

16-114-4

99 and 100

 

 

16-114-4. Board of trustees.

     The academy shall be governed by a board of trustees that shall have the powers and duties

of a school committee. The board of trustees of the academy on the date of passage of this

legislation shall constitute the founding board of trustees of the academy. The council on

elementary and secondary education shall thereafter appoint the members of the board of trustees

from nominations made by the commissioner of elementary and secondary education. The

chairperson of the board of trustees shall also be selected in this manner. The council on elementary

and secondary education shall determine the qualifications and terms of office of members of the

board of trustees.

 

 

 

 

387)

Section

Added By Chapter Numbers:

 

16-114-5

99 and 100

 

 

16-114-5. Construction with other laws.

     Notwithstanding the provisions of this chapter or any law to the contrary, the academy shall

be subject to applicable federal and state law. All students and prospective students of the academy

shall have all the same rights under applicable federal and state law as students and prospective

students at other public schools.

 

388)

Section

Added By Chapter Numbers:

 

16-114-6

99 and 100

 

 

16-114-6. Admission and enrollment.

     The academy may receive direct applications from resident students in any school district

and may receive referrals for resident students in any school district consistent with the purpose of

this chapter and the mission of the academy. The academy shall enroll resident students up to

twenty-two (22) years of age and consistent with the purpose of this chapter and the mission of the

academy. Students attaining twenty-two (22) years of age in their senior year shall continue to

remain eligible for enrollment through their date of graduation or the end of the academic year,

whichever is later.

 

389)

Section

Added By Chapter Numbers:

 

16-114-7

99 and 100

 

 

16-114-7. School funding.

     Students attending the academy shall do so on a full-time basis with the costs of their

education being shared by the state and the district of residence as set forth under § 16-7.2-5.

Notwithstanding the provisions of any law to the contrary, the district of residence shall be

responsible for its share of school funding as provided herein for all district residents attending the

academy who meet the enrollment requirements set forth in § 16-114-6. The academy shall be

eligible to receive state or federal aid, grants, Medicaid revenue, and any other state or federal

revenue as a local educational agency according to applicable federal and state law.

 

390)

Section

Added By Chapter Numbers:

 

16-115

360 and 361

 

 

CHAPTER 115

RHODE ISLAND EARLY CARE AND EDUCATION WORKFORCE DATA ACT

 

391)

Section

Added By Chapter Numbers:

 

16-115-1

360 and 361

 

 

16-115-1. Short title.

     This chapter shall be known and may be cited as the "Rhode Island Early Care and

Education Workforce Data Act."

 

 

392)

Section

Added By Chapter Numbers:

 

16-115-2

360 and 361

 

 

16-115-2. Rhode Island early care and education workforce registry data system.

     (a) On or before July 1, 2025, the department of human services shall implement an early

care and education workforce registry that meets the recommended guidelines of the National

Workforce Registry Alliance and includes information about staff who work directly with children

in all licensed child care and early learning centers and family child care homes in the state.

     (b) The registry shall be designed to support communication of important information and

professional development opportunities directly to front-line child care and early educators. The

registry shall also be designed to help the state gather and maintain information about the

demographics and annual turnover of educators in licensed child care and early learning programs

by key factors including educational qualifications and age category of children they teach.

     (c) Annually, beginning on or before January 1, 2026, the department of human services

shall produce an annual report on the status of the early care and education registry and the

characteristics of the early care and education workforce, including demographic information,

qualifications, and turnover data. The report shall be shared with the general assembly, the

children's cabinet, all licensed child care centers and family child care homes, and individuals

participating in the registry. The report shall also be posted on the department's website for the

general public.

 

393)

Section

Added By Chapter Numbers:

 

16-116

370 and 371

 

 

CHAPTER 116

TRANSPARENCY IN ARTS EDUCATION ACCESS AND PROFICIENCY ACT

 

394)

Section

Added By Chapter Numbers:

 

16-116-1

370 and 371

 

 

16-116-1. Short title.

     This act shall be known and may be cited as the "Transparency in Arts Education Access

and Proficiency Act."

 

395)

Section

Added By Chapter Numbers:

 

16-116-2

370 and 371

 

 

16-116-2. Definitions.

     As used in this chapter:

     (1) "Arts" means instruction, classes, courses, or organized school-based performance in

dance, media arts, music, theater, and visual arts. The term "arts" shall also include fine arts,

including painting, sculpture, architecture, music, and poetry.

     (2) "Department" means the Rhode Island department of elementary and secondary

education.

     (3) "School" means a public middle or high school.

     (4) "TAEAPA" means transparency in arts education access and proficiency act

("TAEAPA").

 

396)

Section

Added By Chapter Numbers:

 

16-116-3

370 and 371

 

 

16-116-3. Proficiency in arts education.

     (a) Commencing with the 2025-26 academic school year, the department shall include, on

each school’s annual school report card, each school’s percentage of students enrolled in arts

education courses, as defined by the national core arts standards, along with the number of courses

available to students in each arts area, including, but not limited to,: dance, media arts, music,

theater, and visual arts.

     (b) Commencing with the 2025-26 fiscal year, the department may designate or assign a

qualified staff member to serve in the role of arts education curriculum coordinator. A primary

function of this coordinator would be to support schools and school districts in meeting the arts

education curricular and reporting requirements, as provided in this chapter, along with any other

arts education-related tasks within the department.

     (c) Commencing with the 2026-27 academic school year, the department shall annually

require each high school to provide a representative sample of graduated students’ portfolios, that

demonstrate evidence of meeting proficiency in one of the arts, as defined by the national core arts

standards, or fine arts. The student portfolios shall include evidence of works developed via courses

within the regular school day.

 

397)

Section

Amended By Chapter Numbers:

 

17-4-11

324 and 325

 

 

17-4-11. Meeting of electors — Vacancies.

     Presidential electors elected pursuant to this chapter shall meet in the state house in the city

of Providence on the first MondayTuesday after the second Wednesday in December after their

election, at the hour of 12 o’clock noon of that day, and if there is any vacancy in the office of

electors, occasioned by death, refusal to act, neglect to attend, or other cause, the electors present

shall immediately proceed to fill, by roll call and by a plurality of votes, the vacancy in the electoral

college; and when the electors appear, or the vacancy is filled as provided in this section, they shall

proceed to perform the duties required of electors by the Constitution and laws of the United States.

 

398)

Section

Amended By Chapter Numbers:

 

17-5-1.1

48 and 49

 

 

17-5-1.1. Special referenda elections.

     Any proposition of amendment of the Constitution or any other public question submitted

to the electors of the state at any election not a general election pursuant to § 17-1-2(2) shall be

held on the first Tuesday next after the first Monday of any month and shall be voted upon at town,

ward, and district meetings, in accordance with the following procedure:

     (1) When an act of the general assembly is passed authorizing the submission of a question

to all of the electors of the state, the secretary of state is authorized to rephrase the question to

appear on the ballot in a manner that would clearly apprise the voters of the question to be voted

upon and to cause the ballot to contain a concise caption of the question, and the full text of the

question as adopted by the general assembly need not appear on the ballot except for proposed

amendments to the Constitution of the state of Rhode Island., but shall:

     (i) Require that the question shall be stated in plain language reasonably calculated to be

understood by persons with an eighth-grade reading level; and

     (ii) The secretary of state shall cause each question appearing on the ballot prepared by him

or her to be designated by number, the first question to be designated by the numeral I and

additional questions shall follow numbered so that all questions submitted to all the electors of the

state and appearing upon the ballot are numbered consecutively; provided that local questions shall

be printed on a distinctive colored background.

     (2) Prior to the election at which public questions are to be submitted, the secretary of state

shall cause to be printed and shall send one copy of the full text of each legislative act to be acted

upon and applicable to the state at large, or the secretary of state may substitute a description of the

text of each act in lieu of the full text, to each residential unit in Rhode Island together with the

following information:

     (i) The designated number of the question appearing on the ballot;

     (ii) A brief caption of the question appearing on the ballot; and

     (iii) A brief explanation of the measure being the subject matter of the question.

     (3) Voting on a proposition of amendment of the Constitution or of a public question of

statewide impact shall be by means of optical-scan voting equipment and computer ballots

authorized pursuant to this title.

 

399)

Section

Amended By Chapter Numbers:

 

17-5-3

48 and 49

 

 

17-5-3. Publication of questions to be submitted to voters.

     (a) Prior to each general election at which public questions are to be submitted, the

secretary of state shall cause to be printed and shall send one copy of the full text of each legislative

act to be acted upon and applicable to the state at large, or the secretary of state may substitute a

description of the text of each act in lieu of the full text, to each residential unit in Rhode Island

together with the following information:

     (1) The designated number of the question;

     (2) A brief caption of the question;

     (3) A brief explanation of the measure that is the subject matter of the question stated in

plain language reasonably calculated to be understood by persons with an eighth-grade reading

level; and

     (4) A notice that voter fraud is a felony and the penalty for voter fraud. This notice shall be

in conspicuous lettering and shall contain the following language: “You must be registered to vote

from your actual place of residence.”

     (b) If the public question involves the issuance of bonds or other evidence of indebtedness

or any other long-term financial obligation such as a lease, the notice required by subsection (a) of

this section shall also include at least the following information to be provided by the agency or

department for which the bonds or other evidence of indebtedness or any other long-term financial

obligation is intended:

     (1) The estimated total cost of the project or program, including financing (using a

reasonable assumed rate of interest), legal, and other costs.

     (2) The estimated useful life of the project, and the term of the bonds, other indebtedness,

or other obligation.

     (3) A reasonably detailed description of the project or program, its purposes, and a project

timetable.

 

400)

Section

Amended By Chapter Numbers:

 

17-5-5

48 and 49

 

 

17-5-5. Language contained on computer ballots.

     (a) Notwithstanding the authority of the secretary of state to determine the design and

content of the computer ballots by rules and regulations, all computer ballots shall contain a clear

and concise statement of the nature of each question stated in plain language reasonably calculated

to be understood by persons with an eighth-grade reading level, presented without the necessity of

repeating the full text of the question as adopted by the general assembly; provided, that in the case

of proposed amendments to the Constitution of the state of Rhode Island, the full text as adopted

by the general assembly shall be reprinted on the computer ballots. The secretary of state shall

cause each question appearing on the computer ballot prepared by the secretary to be designated

by number, the first question to be designated by the number I, and additional questions shall be

submitted with numbers in consecutive order.

     (b) Notwithstanding the foregoing, in the general election to be held on November 2, 2004,

in order to avoid a two-sheet statewide ballot, given the number of public questions to be submitted

to the electors at such general election, the secretary of state may prepare the ballot in such manner

that the statewide public questions involving the issuance of bonds or other evidence of

indebtedness, or other long-term financial obligation, shall appear on the ballot with only a caption

and the amount of financial obligation to be incurred, but without the clear and concise statement

of each question, as otherwise required. Provided, however, that such clear and concise statement

of such question shall instead appear in a conspicuous location within each privacy voting booth at

each polling place with additional copies thereof available at each polling place; and for mail ballot

voters, each such ballot sent to a mail ballot voter shall be accompanied by a clear and concise

statement of each question printed on a separate sheet of paper.

     (c) Notwithstanding the foregoing, in the general election to be held on November 4, 2014,

in order to avoid a multiple-page statewide ballot, given the number of public questions to be

submitted to the electors at such general election, the secretary of state may prepare the ballot in

such manner that the statewide public questions involving the issuance of bonds or other evidence

of indebtedness, or other long-term financial obligation, shall appear on the ballot with only a

caption and the amount of financial obligation to be incurred, but without the clear and concise

statement of each question, as otherwise required; provided, however, that such clear and concise

statement of such question shall instead appear in a conspicuous location within each privacy voting

booth at each polling place with additional copies thereof available at each polling place; and for

mail ballot voters, each such ballot sent to a mail ballot voter shall be accompanied by a clear and

concise statement of each question printed on a separate sheet of paper.

 

401)

Section

Amended By Chapter Numbers:

 

17-9.1-23

322 and 323

 

 

17-9.1-23. Party designation.

     (a) Whenever any person registers to vote, that person may designate his or her their party

affiliation, or that person may designate that he or she is they are not affiliated with any political

party. The information shall be recorded on a form prescribed by the state board of elections.

     (b) Any person who is already registered to vote and wishes to designate his or her their

party affiliation may do so by submitting to that person’s local board of canvassers a form provided

by the state board designating his or her their party affiliation and certifying to the fact on the form

furnished for that purpose.

     (c) Whenever any person participates in a party primary, that act shall serve as identifying

the person as being affiliated with the party in whose primary that person has participated and the

local board shall record the affiliation on the appropriate form. For the purposes of this section,

“participating in a party primary” does not include the circulation or signing of nomination papers.

     Whenever an unaffiliated voter participates in a party primary, their party affiliation shall

remain unaffiliated. For purposes of this section, "participating in a party primary" includes casting

a ballot by mail, early in-person, or on election day, or by signing a precinct, mail, or provisional

ballot application.

     (d) A form prescribed by the state board of elections for the purpose of disaffiliating from

a political party shall be provided at polling locations and early voting locations.

     (e) No person shall be affiliated with any political party solely because of that person's

circulation or signing of nomination papers of a candidate to be voted for in any primary.

     (f) Election officials shall be authorized to inform voters and post notices at polling

locations, early voting locations, and to voters casting a ballot by mail that whenever an unaffiliated

voter participates in a party primary, their party affiliation shall remain unaffiliated, and that no

action or form is necessary to preserve a voter's existing unaffiliated status.

 

402)

Section

Amended By Chapter Numbers:

 

17-14-4

122 and 123

 

 

17-14-4. Preparation of nomination papers for candidates — Combination of

endorsed candidates — Furnishing of nomination papers to candidates.

     (a) Upon receipt of the declarations referred to in § 17-14-1, within two (2) business days

of the final date for filing endorsements, the secretary of state for statewide candidates and the local

board for general assembly and local candidates shall prepare nomination papers for each person

who has filed a declaration of candidacy as provided in § 17-14-1. A minimum of three (3) sets of

nomination papers shall be prepared for each candidate whose name appears on nomination papers

containing the name of a candidate for general assembly and for local office. Nomination papers

for voters from the city of Providence for the offices enumerated in § 17-14-1 shall be furnished by

the secretary of state. Nomination papers shall be prepared with the name of the candidate as it

appears on the voting list, notwithstanding that the candidate may have signed his or her their

declaration of candidacy other than as the candidate’s name appears on the voting list. Candidates

for nomination for different offices endorsed by the appropriate committee on of any party shall be

combined on the same nomination papers. The names of candidates for different offices not

endorsed by the appropriate committee of any party shall not be combined on the same nomination

papers. Nomination papers for candidates for general assembly shall be furnished by the local board

of the general assembly candidate. Nomination papers shall be furnished to the local boards by the

secretary of state and each shall bear the imprint of the state coat of arms and any additional

language required by law. Nomination papers shall be appropriately marked or color coded to

indicate the different political parties, the endorsed and unendorsed candidates of those parties, and

independent candidates.

     (b) General assembly and local candidates for nomination may, at their own expense, have

nomination papers duplicated. The signatures obtained on the duplicated nomination papers shall

be considered valid if, and only if, prior to any signatures being affixed, the duplicated nomination

papers have been time stamped by the secretary of state or local board of canvassers which issued

the original nomination papers Candidates for nomination may, at their own expense, have

nomination papers duplicated in exact appearance and as prescribed in subsection (a) of this section.

     (c) Nomination papers furnished by the secretary of state shall be personally issued to the

candidate, or in the case of combined nomination papers to one of the candidates, for whom they

were prepared, or to an individual presenting written authorization from the candidate, or one of

the candidates appearing on them, to receive the nomination papers.

 

403)

Section

Amended By Chapter Numbers:

 

17-14-10

122 and 123

 

 

17-14-10. Affidavit of person obtaining signatures.

     Every person who obtains signatures of voters upon nomination papers shall under oath

sign the following statement:

     “I, _______________________________________, of the city/town of

_______________________________________, under oath, make affidavit and say that the

signers of the within nomination paper (or papers) did so sign the paper (or papers) in my presence.

_______________________________________

     State of Rhode Island County of

     _______________________________________, Sc.

     Subscribed and sworn to before me this ___________ day of _____________________,

A.D. 20___________.

__________

Signature of Notary Public

__________________________

Printed Name of Notary Public

__________________________

Notary Public ID Number

__________________________

Date Commission Expires”

 

404)

Section

Amended By Chapter Numbers:

 

17-14-11

122 and 123

 

 

17-14-11. Checking and certification of nomination papers — Challenge.

     (a) Each nomination paper for party and independent candidates shall be submitted before

four o’clock (4:00) p.m. on the sixtieth (60th) day before the primary to the local board of the city

or town where the signers appear to be voters or, in the case of special elections for state and local

office, on the twenty-eighth (28th) day before the primary, or in the case of special elections for

federal office, on the fifty-third (53rd) day before the primary. Nomination papers for independent

presidential candidates and presidential candidates of political parties, other than those defined in

§ 17-1-2(9), shall be filed not later than sixty (60) days prior to the general election. Each local

board shall immediately proceed to check signatures on each nomination paper filed with it against

the voting list as last canvassed or published according to law.

     (b) The local boards shall certify a sufficient number of names appearing on the nomination

papers that are in conformity with the requirements of § 17-14-8 to qualify the candidate for a

position on the ballot, and after considering any challenge under this section and, if necessary,

certifying any additional valid names, shall immediately file nomination papers for statewide

office, general assembly, and state and district committee candidates with the secretary of state;

provided, that nomination papers for local candidates shall be retained by the local board.

(c) If any candidate or an individual presenting written authorization from the candidate,

or the chairperson of any party committee questions the validity or authenticity of any signature on

the nomination paper, the local board shall immediately and summarily decide the question, and

for this purpose, shall have the same powers as are conferred upon the board by the provisions of

§ 17-14-14.

     (d) If any challenged signature is found to be invalid, for any reason in law, or forged, then

the signature shall not be counted.

     (e) The local canvassing clerk shall immediately notify the state board in writing and via

electronic mail if the local canvassing clerk suspects a consistent pattern of forgery as prescribed

by § 17-23-17 on the nomination papers of a local, state, or federal candidate.

     (1) The state board, upon notification of allegations of any consistent pattern of suspected

forged signatures on nomination papers of a local, state, or federal candidate, shall review the

allegations and, if determined to be with reasonable cause, shall, as soon as feasible notify all

corresponding local canvassing clerks of the allegations of suspected forgery.

     (2) The state board, if it deems necessary, shall order a review of all nomination papers of

a local, state, or federal candidate whose nomination papers include a consistent pattern of

suspected forged signatures as prescribed in this subsection. The state board, in consultation with

the Elections Committee of the Rhode Island Town and City Clerk's Clerks’ Association, shall

promulgate rules and regulations on the process to review nomination papers of a local, state, or

federal candidate whose nomination papers include a consistent pattern of suspected forged

signatures as prescribed in this subsection.

     (3) The state board shall explicitly determine and deliver, in writing and via electronic mail

to the secretary of state, the findings of the review of the local, state, or federal candidate whose

nomination papers include suspected forged signatures as prescribed in this subsection, and whether

the determination affects a candidate's qualification for a position on the ballot.

 

405)

Section

Amended By Chapter Numbers:

 

17-14-14

122 and 123

 

 

17-14-14. Hearings on objections — Witnesses — Notice.

     (a) All objections to nomination papers which are required to be filed with the secretary of

state shall be considered by the state board. The secretary of state shall, when requested by the state

board, immediately deliver to the board the nomination papers to which objection has been filed.

The state board may, at the hearing on the objections, summon witnesses, administer oaths, and

require the production of books, papers, and documents. The witnesses shall be summoned in the

same manner, be paid the same fees, and be subject to the same penalties for default as witnesses

before the superior court. A summons may be sworn to and an oath may be administered by the

board. When an objection has been filed, notice of the objection shall be immediately given by

registered or certified mail or by personal service by the state board to the candidates, addressed to

the residence of the candidate as given in the nomination papers, and to any party committee

interested in the nomination to which objection is made. The state board shall promulgate rules and

regulations on challenges to nomination papers filed by any candidate, an individual presenting

written authorization from the candidate, or the chairperson of any party committee that questions

the validity or authenticity of any signature on the nomination paper of a candidate.

     (b) Additional notice may also be given by the state board if it sees fit to do so. The decision

of the board shall be rendered within two (2) days, exclusive of Sundays and holidays, after filing

of objections and shall immediately be certified by the state board to the secretary of state.

     (c) All objections to nomination papers for other than state officers and federal candidates

shall be considered by the local board in the same manner and with the same effect as provided in

subsection (a) of this section for hearing of objections to nomination papers for state officers and

federal candidates by the state board.

 

406)

Section

Amended By Chapter Numbers:

 

17-15-21

322 and 323

 

 

17-15-21. Identification of party voters.

     Before permitting any person to vote in a primary election, the warden or clerk and

bipartisan pair of supervisors assigned by the warden shall ascertain from the voting record

appearing on the certified voting list that the voter is not disqualified to vote by the provisions of §

17-15-24. The bipartisan pair of supervisors shall provide the voter with the corresponding

computer ballot for the primary election in which the voter is eligible and desiring to vote. The

warden shall take any steps that may be necessary to assure that each voter is given the computer

ballot upon which the voter is eligible to vote. Any person who is not affiliated with any political

party, and is otherwise qualified to vote, may participate in a primary election of either party.

 

407)

Section

Amended By Chapter Numbers:

 

17-15-24

322 and 323

 

 

17-15-24. Disqualification by activity in other party.

     No person shall be entitled to vote in the primary election of any political party who has

voted in a primary election as a member of any other political party and has not changed his or her

party designation as provided in chapter 9.1 of this title or has designated his or her affiliation with

any other political party, as set forth in chapter 9.1 of this title. No person shall be debarred from

voting in a party primary solely because of that person’s signing of nomination papers of a

candidate to be voted for at any primary. A person having designated his or her their party

affiliation as set forth in chapter 9.1 of this title shall be deemed to have taken part in the primary

as a member of that political party, and shall be debarred from voting in the primary as a member

of the opposite political party until that person has changed his or her party affiliation as provided

in chapter 9.1 of this title. Any person who is not affiliated with any political party shall not be

debarred from voting in a party primary due to their participation in a previous party primary while

not affiliated with a party.

 

408)

Section

Amended By Chapter Numbers:

 

17-19-37.4

95 and 96

 

 

17-19-37.4. Post-election audits.

     (a) The general assembly hereby finds, determines, and declares that auditing of election

results is necessary to ensure effective election administration and public confidence in the election

results. Further, risk-limiting audits provide a more effective manner of conducting audits than

traditional audit methods in that risk-limiting audit methods typically require only limited resources

for election contests with wide margins of victory while investing greater resources in close

contests.

     (b) Commencing in 2018, the board, in conjunction with local boards, is authorized to

conduct risk-limiting audits after all statewide primary, general, and special elections in accordance

with the requirements of this section. Commencing in 2020, the state board, in conjunction with

local boards, must conduct risk-limiting audits after the presidential preference primary and general

elections in accordance with the requirements in this section.

     (c) The audit program shall be conducted as follows:

     (1) The state board shall determine what local, statewide state, and federal contests are

subject to a risk-limiting audit;

     (2) The state board shall provide notice pursuant to chapter 46 of title 42 of the time and

place of the random selection of the audit units to be manually tallied and of the times and places

of the audits;

     (3) The state board shall make available to the public a report of the vote-tabulating device

results for the contest, including the results for each audit unit in the contest, prior to the random

selection of audit units to be manually tallied and prior to the commencement of the audit;

     (4) The state board, in conjunction with the local boards, shall conduct the audit upon

tabulation of the unofficial final results as provided in §§ 17-19-36 and 17-19-37; and

     (5) The state board, in conjunction with the local boards, shall conduct the audit in public

view by manually interpreting the ballots according to rules established by the state board in

accordance with chapter 35 of title 42.

     (d) If a risk-limiting audit of a contest leads to a full manual tally of the ballots cast using

the voting system, the vote counts according to that manual tally shall replace the vote counts

reported pursuant to §§ 17-19-36 and 17-19-37 for the purpose of determining the official contest

results pursuant to §§ 17-22-5.2 and 17-22-6.

     (e) For purposes of this section, the following terms have the following meanings:

     (1) “Audit unit” means a precinct, a set of ballots, or a single ballot. A precinct, a set of

ballots, or a single ballot may be used as an audit unit for purposes of this section only if all of the

following conditions are satisfied:

     (i) The relevant vote-tabulating device is able to produce a report of the votes cast in the

precinct, set of ballots, or single ballot; and

     (ii) Each ballot is assigned to not more than one audit unit.

     (2) “Contest” means an election for an office or for a measure.

     (3) “Risk-limiting audit” means a manual tally employing a statistical method that ensures

a large, predetermined minimum chance of requiring a full manual tally whenever a full manual

tally would show an electoral outcome that differs from the outcome reported by the vote-tabulating

system for the audited contest. A risk-limiting audit shall begin with a hand tally of the votes in one

or more audit units and shall continue to hand tally votes in additional audit units until there is

strong statistical evidence that the electoral outcome is correct. In the event that counting additional

audit units does not provide strong statistical evidence that the electoral outcome is correct, the

audit shall continue until there has been a full manual tally to determine the correct electoral

outcome of the audited contest.

     (4) “Unofficial final results” means election results tabulated pursuant to §§ 17-19-36 and

17-19-37.

     (f) The results of any audits conducted under this section shall be published on the website

of the state board within forty-eight (48) hours of being accepted by the state board. If the audit

involved a manual tally of one or more entire precincts, then the names and numbers of all precincts

audited and a comparison of the vote tabulator results with the hand counts for each precinct shall

be published with the audit results on the website.

     (g) Any audit required under this section shall not commence for any election subject to a

recount pursuant to §§ 17-19-37.1, 17-19-37.2, and 17-19-37.3 until the conclusion of said recount.

     (h) The state board shall promulgate rules, regulations, and procedures in accordance with

chapter 35 of title 42 necessary to implement this section.

 

409)

Section

Amended By Chapter Numbers:

 

17-20-2.1

191 and 192

 

 

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 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 their name because of physical

incapacity or otherwise, that person shall make his or her mark “X” blindness, disability, or

inability to read or write, the voter or their assistant shall mark a box to indicate the voter cannot

sign due to blindness, disability, or inability to read or write and include the full name, residence

address, signature, and optionally the telephone number and e-mail address, of the person who

provided assistance to the voter on a form provided by the secretary of state. The representation

relating to the voter's inability to sign shall be made under the pains and penalties of perjury.

     (c) 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. In those cases where an application to receive

a mail ballot is postmarked by the twenty-first (21st) day before the date of an election and received

not later than eighteen (18) days before the date of an election, the application shall be considered

received on or prior to the last day to apply for a mail ballot.

     (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 § 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 their signature on all certifying envelopes containing a voted ballot.

     (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 § 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.

     (3) All mail ballots issued pursuant to § 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 their voting residence. In order to be valid, the voter must affix his or

her their signature on the certifying envelope containing voted ballots. 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, the Uniformed and Overseas Citizens Absentee

Voting Act (UOCAVA).

     (4) All mail ballots issued pursuant to § 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 their voting residence. In order

to be valid, the voter must affix his or her their signature on all certifying envelopes containing a

voted ballot. 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 their 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.

 

410)

Section

Amended By Chapter Numbers:

 

17-20-3

191 and 192

 

 

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 their name because of physical incapacity

or otherwise blindness, disability, or inability to read or write, or by affixing the voter's signature

by a person providing assistance to the voter in accordance with the requirements of this chapter.

     (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.

 

 

411)

Section

Amended By Chapter Numbers:

 

17-20-8

191 and 192

 

 

17-20-8. Application for ballot.

     (a) Whenever any person is unable to sign his or her their name because of physical

incapacity or otherwise, that person shall make his or her mark “X” blindness, disability, or inability

to read or write, the voter or their assistant shall mark a box to indicate the voter cannot sign due to

blindness, disability, or inability to read or write and include the full name, residence address,

signature, and optionally the telephone number and e-mail address, of the person who provided

assistance to the voter on a form provided by the secretary of state. The representation relating to

the voter's inability to sign shall be made under the pains and penalties of perjury.

     (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 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 certification

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.

 

412)

Section

Amended By Chapter Numbers:

 

17-20-10

191 and 192

 

 

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

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.

     (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 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, upon order by the state board,

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 their 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 the voter’s place of residence that the ballot has been

returned as undeliverable. The ballot must be voted 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, when directed by the state board or its staff, shall cause

the delivery of the emergency mail ballot applications, and certification sheet in sealed packages to

the state board of elections.

 

413)

Section

Amended By Chapter Numbers:

 

17-20-13

191 and 192

 

 

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 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 under the pains and penalty of perjury 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” blindness, disability, or inability to read or

write, the applicant shall mark the box to indicate the voter cannot sign due to blindness, disability,

or inability to read or write, and include the full name, residence address, signature, and optionally

the telephone number and e-mail address of the person who provided assistance to the voter.

     SIGNATURE IN FULL_________________________________________

     Please note: A Power of Attorney signature is not valid in Rhode Island.

 

414)

Section

Amended By Chapter Numbers:

 

17-20-21

191 and 192

 

 

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 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)” blindness, disability, or inability to read or write, the voter or their assistant shall

mark a box to indicate the voter cannot sign due to blindness, disability, or inability to read or write

and include the full name, residence address, signature, and optionally the telephone number and

e-mail address, of the person who provided assistance to the voter on the certifying envelope

provided by the secretary of state. The representation relating to the voter's inability to sign shall

be made under the pains and penalties of perjury).

 

415)

Section

Amended By Chapter Numbers:

 

17-20-22.1

326 and 327

 

 

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) thirty-five (35) days prior to the date of a state election and statewide or

federal elections; and provided, further, that the drop boxes shall be accessible beginning twenty

(20) days prior to all special elections held under this title 17, available 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 lock the ballot slot of the drop box to ensure that

no other ballots are deposited in the drop box; provided, further, if there is another election

scheduled to be held under this title 17 in the city or town within thirty-five (35) days after the drop

box is locked pursuant to this section, the drop box shall be reopened, if applicable, the following

day at 8:30 ama.m..

     (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 of the board of

elections and the election division of the office of the secretary of 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.

 

416)

Section

Amended By Chapter Numbers:

 

19-3-3

316 and 317

 

 

19-3-3. Maximum aggregate liability of one person or company.

     (a) No financial institution shall permit any person or entity to borrow or guaranty an

amount(s), directly or indirectly, in the aggregate, that exceeds fifteen percent (15%) of its

unimpaired capital. In calculating this limitation, a financial institution shall take into account the

credit exposure to any such person or entity arising from derivative transactions. The director shall

have the authority to establish the method for determining the credit exposure and the extent to

which the credit exposure shall be taken into account. As used in this subsection, “derivative

transaction” includes any transaction that is a contract, agreement, swap, warrant, note, or option

that is based, in whole or in part, on the value of, any interest in, or any quantitative measure or the

occurrence of any event leading to, one or more commodities, securities, currencies, interest or

other rates, indices or other assets. The director may adopt regulations establishing the method for

determining credit exposure to derivative transactiontransactions and the extent to which the credit

exposure shall be taken into account. The director shall apply the limitation included herein to

derivative transactiontransactions entered into on or after January 1, 2013.

     This limitation shall not include:

     (1) Obligations issued by the United States;

     (2) General obligations of the state of Rhode Island;

     (3) Loans or any portion thereof that are insured or guaranteed by the United States or any

agency thereof;

     (4) Inter-bank transactions involving the transfer of immediately available funds resulting

from credits to deposit balances at Federal Reserve banks or from credit to new or existing deposit

balances due from a correspondent depository institution (commonly known as the sale of federal

funds) with a maturity of one business day or less; or

     (5) Loans secured by deposits within the financial institution where a perfected interest in

the deposits is on record.

     (b) To the extent that a deposit-taking institution regulated by the Federal Reserve System

Office of Thrift Supervision and insured by the Federal Deposit Insurance Corporation is expressly

permitted to make loans that would exceed the limitations set forth in this section, the lending

limitations of the Office of Thrift Supervision Federal Reserve System shall apply. Nothing herein

shall limit the department of business regulation from taking any action it deems appropriate to

maintain appropriate safety and soundness standards relative to any loan or loans made by any

financial institutions.

 

417)

Section

Amended By Chapter Numbers:

 

19-14-1

316 and 317

 

 

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;

     (E) The loan solicitation is done by an individual with a physical presence in this state; or

     (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 the 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, 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, provides the employee with the

equipment 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 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.

     (34) “Sell” means to sell, to issue, or to deliver a check.

     (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.

     (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.

     (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.

     (38) “Small-loan lender” means a lender engaged in the business of making small loans

within this state.

     (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.

     (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.

     (41) "Tangible net worth" means the aggregate assets of a licensee excluding all intangible

assets, less liabilities, as determined in accordance with United States generally accepted

accounting principles.

     (41)(42) “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.

     (42)(43) “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.

     (43)(44) “Writing” means hard-copy writing or electronic writing that meets the

requirements of § 42-127.1-2(7).

 

418)

Section

Amended By Chapter Numbers:

 

19-14-5

316 and 317

 

 

19-14-5. Minimum capital.

     Each licensee, licensed pursuant to an application for license filed after June 30, 1995, shall

maintain the following minimum-net worth to be evidenced in accordance with regulations

promulgated by the director, or the director’s designee.:

     (1) Small-loan lenders, the sum of twenty-five thousand dollars ($25,000);

     (2) Loan brokers, the sum of ten thousand dollars ($10,000);

     (3) Lenders, the sum of one hundred thousand dollars ($100,000);

     (4) Currency transmission licensees, the sum of fifty thousand dollars ($50,000). If a

licensee limits its actions to virtual currency, the licensee may include in its calculation of net worth

virtual currency, measured by the average value of the virtual currency in U.S. Dollar equivalent

over the prior six (6) months;:

     (i) Shall maintain at all times a tangible net worth of the greater of one hundred thousand

dollars ($100,000) or three percent (3%) of total assets for the first one hundred million dollars

($100,000,000), two percent (2%) of additional assets for one hundred million dollars

($100,000,000) to one billion dollars ($1,000,000,000), and five-tenths(0.5%) percent (0.5%) of

additional assets for over one billion dollars ($1,000,000,000);

     (ii) Tangible net worth must be demonstrated at initial application by the applicant’s most

recent audited or unaudited financial statements pursuant to § 19-14-1;

     (iii) Notwithstanding the foregoing provisions of this section, the director shall have the

authority, for good cause shown, to exempt, in part or in whole, from the requirements of this

section any applicant or licensee; and

     (5) Third-party loan servicers, the sum of one hundred thousand dollars ($100,000).

 

419)

Section

Repealed By Chapter Numbers:

 

19-14.3-2

316 and 317

 

 

19-14.3-2. [Repealed]

 

420)

Section

Added By Chapter Numbers:

 

19-14.3-2.1

316 and 317

 

 

19-14.3-2.1. Maintenance of permissible investments.

     (a) A licensee shall maintain at all times permissible investments that have a market value

computed in accordance with United States generally accepted accounting principles of not less

than the aggregate amount of all of its outstanding money transmission obligations.

     (b) Except for permissible investments enumerated in § 19-14.3-2.2(a), the director, or

designee, with respect to any licensee, may by rule or order limit the extent to which a specific

investment maintained by a licensee within a class of permissible investments may be considered

a permissible investment, if the specific investment represents undue risk to customers, not

reflected in the market value of investments.

     (c) Permissible investments, even if commingled with other assets of the licensee, are held

in trust for the benefit of the purchasers and holders of the licensee's outstanding money

transmission obligations in the event of insolvency, the filing of a petition by or against the licensee

under the United States Bankruptcy Code, 11 U.S.C. Section 101-110, as amended or recodified

from time to time, for bankruptcy or reorganization, the filing of a petition by or against the licensee

for receivership, the commencement of any other judicial or administrative proceeding for its

dissolution or reorganization, or in the event of an action by a creditor against the licensee who is

not a beneficiary of this statutory trust. No permissible investments impressed with a trust pursuant

to this section shall be subject to attachment, levy of execution, or sequestration by order of any

court, except for a beneficiary of this statutory trust.

     (d) Upon the establishment of a statutory trust in accordance with subsection (c) of this

section or when any funds are drawn on a letter of credit pursuant to § 19-14.3-2.2(a)(4), the

director, or designee, shall notify the applicable regulator of each state in which the licensee is

licensed to engage in money transmission, if any, of the establishment of the trust or the funds

drawn on the letter of credit, as applicable. Notice shall be deemed satisfied if performed pursuant

to a multistate agreement or through the National Multistate Licensing Service (NMLS). Funds

drawn on a letter of credit, and any other permissible investments held in trust for the benefit of the

purchasers and holders of the licensee's outstanding money transmission obligations, are deemed

held in trust for the benefit of such purchasers and holders on a pro rata and equitable basis in

accordance with statutes pursuant to which permissible investments are required to be held in this

state, and other states, as applicable. Any statutory trust established hereunder shall be terminated

upon extinguishment of all of the licensee's outstanding money transmission obligations.

     (e) The director, or designee, by rule or by order may allow other types of investments that

the director, or designee, determines are of sufficient liquidity and quality to be a permissible

investment. The director, or designee, is authorized to participate in efforts with other state

regulators to determine that other types of investments are of sufficient liquidity and quality to be

a permissible investment.

 

421)

Section

Added By Chapter Numbers:

 

19-14.3-2.2

316 and 317

 

 

19-14.3-2.2. Permissible investments.

     (a) The following investments are permissible under § 19-14.3-2.1:

     (1) Cash including demand deposits, savings deposits, and funds in such accounts held for

the benefit of the licensee's customers in a federally insured depository financial institution and

cash equivalents including ACH items in transit to the licensee and ACH items or international

wires in transit to a payee, cash in transit via armored car, cash in smart safes, cash in licensee-

owned locations, debit card or credit card-funded transmission receivables owed by any bank, or

money market mutual funds rated "AAA" by S&P, or the equivalent from any eligible rating

service;

     (2) Certificates of deposit or senior debt obligations of an insured depository institution, as

defined in Section 3 of the Federal Deposit Insurance Act, 12 U.S.C. Section 1813, as amended or

recodified from time to time, or as defined under the federal Credit Union Act, 12 U.S.C. Section

1781, as amended or recodified from time to time;

     (3) An obligation of the United States or a commission, agency, or instrumentality thereof;

an obligation that is guaranteed fully as to principal and interest by the United States; or an

obligation of a state or a governmental subdivision, agency, or instrumentality thereof;

     (4) The full drawable amount of an irrevocable standby letter of credit for which the stated

beneficiary is the director, or designee, that stipulates that the beneficiary need only draw a sight

draft under the letter of credit and present it to obtain funds up to the letter of credit amount within

seven (7) days of presentation of the items required by subsection (a)(4)(iii) of this section;.

     (i) The letter of credit must:

     (A) Be issued by a federally insured depository financial institution, a foreign bank that is

authorized under federal law to maintain a federal agency or federal branch office in a state or

states, or a foreign bank that is authorized under state law to maintain a branch in a state that:

     (I) Bears an eligible rating or whose parent company bears an eligible rating; and

     (II) Is regulated, supervised, and examined by United States federal or state authorities

having regulatory authority over banks, credit unions, and trust companies;

     (B) Be irrevocable, unconditional, and indicate that it is not subject to any condition or

qualifications outside of the letter of credit;

     (C) Not contain reference to any other agreements, documents, or entities, or otherwise

provide for any security interest in the licensee; and

     (D) Contain an issue date and expiration date, and expressly provide for automatic

extension, without a written amendment, for an additional period of one year from the present or

each future expiration date, unless the issuer of the letter of credit notifies the director, or designee,

in writing by certified or registered mail or courier mail or other receipted means, at least sixty (60)

days prior to any expiration date, that the irrevocable letter of credit will not be extended.

     (ii) In the event of any notice of expiration or non-extension of a letter of credit issued

under subsection (a)(4)(i)(D) of this section, the licensee shall be required to demonstrate to the

satisfaction of the director, or designee, fifteen (15) days prior to expiration, that the licensee

maintains and will maintain permissible investments in accordance with § 19-14.3-2.1(a) upon the

expiration of the letter of credit. If the licensee is not able to do so, the director, or designee, may

draw on the letter of credit in an amount up to the amount necessary to meet the licensee's

requirements to maintain permissible investments in accordance with § 19-14.3-2.1(a). Any such

draw shall be offset against the licensee's outstanding money transmission obligations. The drawn

funds shall be held in trust by the director, or designee, or the designated agent, to the extent

authorized by law, as agent for the benefit of the purchasers and holders of the licensee's

outstanding money transmission obligations.

     (iii) The letter of credit shall provide that the issuer of the letter of credit will honor, at

sight, a presentation made by the beneficiary to the issuer of the following documents on or prior

to the expiration date of the letter of credit:

     (A) The original letter of credit including any amendments; and

     (B) A written statement from the beneficiary stating that any of the following events have

occurred:

     (I) The filing of a petition by or against the licensee under the United States Bankruptcy

Code, 11 U.S.C. Section 101-110, as amended or recodified from time to time, for bankruptcy or

reorganization;

     (II) The filing of a petition by or against the licensee for receivership, or the commencement

of any other judicial or administrative proceeding for its dissolution or reorganization;

     (III) The seizure of assets of a licensee by the director, or designee, pursuant to an

emergency order issued in accordance with applicable law, on the basis of an action, violation, or

condition that has caused or is likely to cause the insolvency of the licensee; or

     (IV) The beneficiary has received notice of expiration or non-extension of a letter of credit

and the licensee failed to demonstrate to the satisfaction of the beneficiary that the licensee will

maintain permissible investments in accordance with § 19-14.3-2.1(a) upon the expiration or non-

extension of the letter of credit.

     (iv) The director, or designee, may designate an agent to serve on the director's behalf as

beneficiary to a letter of credit so long as the agent and letter of credit meet requirements established

by the director, or designee. The director's agent may serve as agent for multiple licensing

authorities for a single irrevocable letter of credit if the proceeds of the drawable amount for the

purposes of subsection (a)(4) of this section are assigned to the director.

     (v) The director, or designee, is authorized and encouraged to participate in multistate

processes designed to facilitate the issuance and administration of letters of credit, including, but

not limited to, services provided by the NMLS and State Regulatory Registry, LLC.;

     (5) One hundred percent (100%) of the surety bond provided for under this chapter 14.3

of title 19that exceeds the average daily money transmission liability in this state.

     (b) Unless permitted by the director, or designee, by rule or by order to exceed the limit as

set forth herein, the following investments are permissible under § 19-14.3-2.1 to the extent

specified:

     (1) Receivables that are payable to a licensee from its authorized delegates in the ordinary

course of business that are less than seven (7) days old, up to fifty percent (50%) of the aggregate

value of the licensee's total permissible investments;

     (2) Of the receivables permissible under § 19-14.3-2.2subsection (b)(l) of this section,

receivables that are payable to a licensee from a single authorized delegate in the ordinary course

of business may not exceed ten percent (10%) of the aggregate value of the licensee's total

permissible investments.;

     (3) The following investments are permissible up to twenty percent (20%) per category and

combined up to fifty percent (50%) of the aggregate value of the licensee's total permissible

investments:

     (i) A short-term (up to six (6) months) investment bearing an eligible rating;

     (ii) Commercial paper bearing an eligible rating;

     (iii) A bill, note, bond, or debenture bearing an eligible rating;

     (iv) U.S. tri-party repurchase agreements collateralized at one hundred percent (100%) or

more with U.S. government or agency securities, municipal bonds, or other securities bearing an

eligible rating;

     (v) Money market mutual funds rated less than "AAA" and equal to or higher than "A-" by

S&P, or the equivalent from any other eligible rating service; and

     (vi) A mutual fund or other investment fund composed solely and exclusively of one or

more permissible investments listed in subsections (a)(1) through (a)(3) of this section.;

     (4) Cash (including demand deposits, savings deposits, and funds in such accounts held for

the benefit of the licensee's customers) at foreign depository institutions are permissible up to ten

percent (10%) of the aggregate value of the licensee's total permissible investments if the licensee

has received a satisfactory rating in its most recent examination and the foreign depository

institution:

     (i) Has an eligible rating;

     (ii) Is registered under the Foreign Account Tax Compliance Act;

     (iii) Is not located in any country subject to sanctions from the Office of Foreign Asset

Control; and

     (iv) Is not located in a high-risk or non-cooperative jurisdiction as designated by the

Financial Action Task Force.

 

422)

Section

Amended By Chapter Numbers:

 

19-14.10-3

316 and 317

 

 

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 chapter 14 or 14.1

of this title.

     (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 subsection

(6)(ii)(A), (B), (C), or (D) of this section.

     (7) “Nationwide Multistate Licensing System” 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:

     (I) Owned and controlled by a depository institution; and

     (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 Multistate

Licensing System.

     (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, Pub. L. No. 110-

289.

     (14) “Unique identifier” means a number or other identifier assigned by protocols

established by the Nationwide Multistate Licensing System.

 

423)

Section

Amended By Chapter Numbers:

 

19-33-8

316 and 317

 

 

19-33-8. Responsibilities of student loan servicers.

     (a) A student loan servicer shall provide annually, and at the request of a student loan

borrower, the terms of their loan, progress toward repayment, and eligibility for any loan relief

programs including, but not limited to, income-driven repayment plans, public service loan

forgiveness, forbearance, and deferment.

     (b) A student loan servicer shall establish policies and procedures, and implement them

consistently, in order to facilitate evaluation of private student loan alternative repayment

arrangement requests, including providing accurate information regarding any private student loan

alternative repayment arrangements that may be available to the borrower through the promissory

note, or that may have been marketed to the borrower through marketing materials.

     (c) A private student loan alternative repayment arrangement shall consider the

affordability of repayment plans for a distressed borrower, as well as the investor, guarantor, and

insurer guidelines, and previous outcome and performance information.

     (d) If a student loan servicer offers private student loan repayment arrangements, a student

loan servicer shall consistently present and offer those arrangements to borrowers with similar

financial circumstances.

     (e) If a borrower inquires of a servicer of private student loans about consolidating or

refinancing a federal student loan into a private student loan, the servicer of private student loans

must disclose in advance of the refinancing or consolidation, any benefits or protections exclusive

to federal student loans that may be lost as a result of the consolidation or refinancing.

     (f)(1) A student loan servicer shall respond to a written inquiry from a student loan

borrower, or the representative of a student loan borrower, within ten (10) business days after

receipt of the request, and provide information relating to the request and, if applicable, the action

the student loan servicer will take to correct the account or an explanation for the student loan

servicer’s position that the borrower’s account is correct.

     (2) The ten-day (10) period described in subsection (f)(1) may be extended for not more

than fifteen (15) days, if before the end of the ten-day (10) period the student loan servicer notifies

the borrower or the borrower’s representative of the extension and the reasons for the delay in

responding.

     (3) After receipt of a written request related to a credit reporting dispute on a borrower’s

payment on a student education loan, a student loan servicer shall not furnish adverse information

to a consumer reporting agency regarding a payment that is the subject of the written inquiry.

     (g) Except as provided by federal law or required by a student loan agreement, a student

loan servicer shall inquire of a borrower how to apply an overpayment to a student education loan.

A borrower’s direction on how to apply an overpayment to a student education loan shall stay in

effect for any future overpayments during the term of a student education loan until the borrower

provides different directions. For purposes of this section, “overpayment” means a payment on a

student education loan in excess of the monthly amount due from a borrower on a student education

loan, also commonly referred to as a prepayment.

     (h) Where a borrower has multiple loans at the same level of delinquency, a student loan

servicer shall apply partial payments in a manner that minimizes late fees and negative credit

reporting by applying such payments to satisfy as many individual loan payments as possible on a

borrower’s account. For purposes of this section, “partial payment” means a payment on a student

loan account that contains multiple individual loans in an amount less than the amount necessary

to satisfy the outstanding payment due on all loans in the student loan account, also commonly

referred to as an underpayment.

     (i) In the event of the sale, assignment, or other transfer of the servicing of a student

education loan that results in a change in the identity of the person to whom a student loan borrower

is required to send payments or direct any communication concerning the student education loan,

the following provisions apply:

     (1) As a condition of a sale, an assignment, or any other transfer of the servicing of a student

education loan, a student loan lender shall require the new student loan servicer to honor all benefits

originally represented as available to a student loan borrower during the repayment of the student

education loan and preserve the availability of the benefits, including any benefits for which the

student loan borrower has not yet qualified.

     (2) A student loan servicer shall transfer to the new student loan servicer all records

regarding the student loan borrower, the account of the student loan borrower, and the student

education loan of the student loan borrower.

     (3) The records required under subsection (hi)(2) shall include the repayment status of the

student loan borrower and any benefits associated with the student education loan of the student

loan borrower.

     (4) The student loan servicer shall complete the transfer of records required under

subsection (hi)(2) within forty-five (45) days after the sale, assignment, or other transfer of the

servicing of a student education loan.

     (5) The parties shall notify all student loan borrowers impacted by the sale, assignment, or

other transfer of the servicing of a student education loan at least seven (7) days before the next

payment on the loan is due. Notice must include: The identity of the new loan holder and/or

servicer; the effective date of the transfer; the date on which the old servicer will no longer accept

payments; the date on which the new servicer will begin to accept payments; and contact and billing

information for loan payments.

     (j) A student loan servicer that services a student education loan shall adopt policies and

procedures to verify that the student loan servicer has received all records regarding the student

loan borrower; the account of the student loan borrower; and the student education loan of the

student loan borrower, including the repayment status of the student loan borrower and any benefits

associated with the student education loan of the student loan borrower.

     (k) When a prior student loan servicer receives a payment intended for the new student

loan servicer, the prior student loan servicer must promptly transfer the payment to the new

servicer, along with the date the prior servicer received the payment.

     (l) When a new servicer receives a payment from a prior servicer under subsection (jk), the

payment must be applied as of the date received by the prior servicer. A student loan servicer must

implement processes and controls to ensure a student loan borrower does not incur additional

interest, fees, or delinquency due to complications related to the sale, assignment, or other transfer

of the servicing of a student education loan.

     (m) A student loan servicer may not withhold student transcripts from borrowers that are

or were delinquent in student loan payments.

 

424)

Section

Added By Chapter Numbers:

 

20-13-18

239 and 240

 

 

20-13-18. Captive hunting prohibited.

     (a) As used in this section, the term "captive hunting" means a hunt that occurs within a

structure designed to restrict the free movement of animals created by the use of fences, man-made

structures, and/or natural barriers, including, but not limited to, private lands set up as hunting or

shooting preserves or game ranches, wherein the animal is restricted from escaping or fleeing from

the confined area during the hunt.

     (b) No species of animal whether domestic or wild, whether exotic to the state or naturally

occurring in the state, may be imported into the state or released on any property within the state

for purposes of conducting captive hunting.

     (c) No native or domestic species of the state shall be intentionally or unintentionally

captured or restricted of free movement by the use of fences, man-made structures, and/or natural

barriers for the purpose of conducting captive hunting.

     (d) The term captive hunting shall not apply to the release of domestic game birds for

hunting, whether on public property or on private property properly licensed by the department of

environmental management ("department") as a shooting preserve, or to field trials conducted in

accordance with the provisions of this title and properly licensed by the department.

 

425)

Section

Amended By Chapter Numbers:

 

20-14-7

454 and 455

 

 

20-14-7. Prohibited methods of taking.

     (a) No person shall hunt, pursue, take, or attempt to take, upland or migratory game birds

over any area that has been baited. For the purposes of this section a “baited area” is that on which

salt, corn, wheat, or other grains have been scattered to lure, attract, or entice those birds to, on, or

over, where hunters are attempting to take them and shall not be construed to include areas where

corn, wheat, or other grains are scattered as the result of normal agricultural operations.

     (b) No person shall hunt, pursue, take, or attempt to take migratory game birds by the use

or aid of live birds as decoys.

     (c) No person shall hunt, pursue, take, or attempt to take wild birds by the use of an

electronically amplified recording of bird calls or sounds. However, this provision does not apply

to crows.

     (d) No person shall take, kill, or destroy any wild bird by means of any trap, snare, net,

spring, crossbow, rifle, pistol, fishhook, poison, drug, explosive, or stupefying substance, nor shall

any person construct, set, maintain, or repair any of these devices for the purpose of taking, killing,

or destroying wild birds, except that a crossbow may be used to harvest wild turkeys in accordance

with regulations established by the department of environmental management.

     (e) No person shall shoot, or attempt to shoot, migratory game birds by means other than a

shotgun of size ten (10) gauge or smaller, capable of holding three (3) or fewer shells, or a long

bow (straight limb, reflex, recurve, crossbow, and compound bow) and arrow.

 

426)

Section

Amended By Chapter Numbers:

 

20-15-7

170 and 171

 

 

20-15-7. Wildlife colliding with vehicles.

     The owner of any vehicle that has been substantially damaged by collision with a deer

wildlife shall, within twenty-four (24) hours after the collision, report the accident to a conservation

officer. The officer shall investigate, and if he or she finds the damage has been done as alleged,

the officer shall give a certificate to the person entitling the person to ownership of the deer carcass

to be possessed and consumed only with the immediate family of the owner of the vehicle the

department of environmental management. The department shall promulgate rules and regulations

governing possession and use of the animal carcass. The driver of any vehicle involved in a

collision with a deer shall have the right of first refusal to possess and use the deer carcass.

 

427)

Section

Amended By Chapter Numbers:

 

20-16-1

187 and 188

 

 

20-16-1. Furbearers protected.

     (a) No person shall hunt, pursue, shoot, or trap, or attempt so to do, the following furbearing

mammals in this state, except in accordance with rules and regulations governing seasons, bag

limits, and methods of taking adopted by the director pursuant to § 20-1-12.

     (b) For the purposes of this chapter, “furbearers” shall be considered to include:

     (1) Carnivores (Order Carnivora):

     (i) Family Canidae, genus Canis (coyote); genus Urocyon (gray fox); genus Vulpes (red

fox).

     (ii) Family Procyonidae, genus Procyon (raccoon).

     (iii) Family Mustelidae, genus Martes (fisher); genus Mustela, M. erminea (ermine), M.

frenata (longtailed weasel), M. vison (mink), genus Mephitis (striped skunk), genus Lutra (river

otter).

     (iv) Family Felidae, genus Lynx (bobcat).

     (2) Rodents (Order Rodentia):

     (i) Family Castoridae, genus Castor (beaver).

     (ii) Family Sciuridae, genus Sciurus (gray squirrel).

     (iii) Family Cricetidae, genus Ondatra (muskrat).

     (3) Marsupials (Order Marsupialia): Family Didelphidae, genus Didelphis (opossum).

     (4) Rabbits and hares (Order Lagomorpha): Family Leporidae, genus Sylvilagus (Eastern

and New England cottontail), genus Lepus (snowshoe hare).

 

428)

Section

Amended By Chapter Numbers:

 

21-28-2.01

390 and 391

 

 

21-28-2.01. Authority to control — Registration requirements and procedures.

     (a)(1) The director of the department of health shall control all substances enumerated in § 

21-28-2.08 orthe most current version of Title 21 of the Code of Federal Regulations (C.F.R.) and

may by motion or on the petition of any interested party pursuant to the procedures of chapter 35

of title 42, the Administrative Procedures Act, add, reschedule, or delete a substance as a controlled

substance. In making this determination, the director of health shall consider, but not be limited to

the following:

     (i) ( Its actual or relative potential for abuse;

     (ii) Scientific evidence of its pharmacological effect if known;

     (iii) State of current scientific knowledge regarding the substance;

     (iv) Its history and current pattern of abuse;

     (v) The scope, duration, and significance of abuse;

     (vi) What, if any, risk there is to the public health;

     (vii) Its psychic or physiological dependence liability;

     (viii) Whether the substance is an immediate precursor of a substance already controlled

under this chapter.

     (2) After considering the factors in subdivision (1) of this section the director of health

shall make findings with respect to these factors and shall issue an order controlling the substance

if it is found that the substance has potential for abuse.

     (b) If the director of health designates a substance as an immediate precursor, substances

which are precursors of the controlled precursor shall not be subject to control solely because they

are precursors of the controlled precursor.

     (c) If any substance is designated, rescheduled, or deleted as a controlled substance under

federal law and notice of that action is given to the director of health, he or she shall similarly

control the substance under this chapter after the expiration of sixty (60) days from publication in

the federal register of a final order designating a substance as a controlled substance or rescheduling

or deleting a substance, unless within that sixty (60) day period, the director of health objects to

inclusion, rescheduling, or deletion. In that case, the director of health shall publish the reasons for

objection and afford all interested parties an opportunity to be heard. At the conclusion of the

hearing, the director of health shall publish his or her decision, which shall be final unless altered

by statute. The director of health shall publish and file his or her decision with the secretary of state.

Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the

director of health, control under this chapter is stayed until the director of health publishes his or

her decision. The director of the department of health shall reference the current version of Title 21

of the CFR as the current list of substances designated, rescheduled, or deleted as a controlled

substance for the state. If the director objects to inclusion, rescheduling, or deletion of any substance

under the current federal law, or if the director adds or reschedules a controlled substance pursuant

to the authority provided in this chapter, the director shall file that decision with the secretary of

state and post exempted substances on the department of health website.

     (d) The following persons need not register and may lawfully possess controlled substances

under this chapter:

     (1) An agent or employee of any registered manufacturer, distributor, or dispenser of any

controlled substance if he or shethe agent or employee is acting in the usual course of his or

hertheir business or employment;

     (2) A common or contract carrier or warehouse operator, or an employee of a carrier or

warehouse operator, whose possession of any controlled substance is in the usual course of business

or employment;

     (3) An ultimate user or a person in possession of any controlled substance pursuant to a

lawful order of a practitioner or in lawful possession of a schedule V substance.

     (e) The director of health may waive by rule the requirement for registration of certain

manufacturers, distributors, or dispensers if he or shethe director finds it consistent with the public

health and safety.

     (f) A separate registration is required at each place of business where the applicant

manufactures, distributes, or dispenses controlled substances. A separate registration is required at

each place of professional practice at which a practitioner stores controlled substances. A

practitioner may prescribe and administer controlled substances, upon registering with the director

of health at the applicant’s principal place of professional practice.

     (g) The director of health or his or herthe director’s authorized agent may inspect the

establishment of a registrant or applicant for registration in accordance with his or herthe director’s

regulations.

 

429)

Section

Repealed By Chapter Numbers:

 

21-28-2.08

390 and 391

 

 

21-28-2.08. [Repealed]

 

430)

Section

Repealed By Chapter Numbers:

 

21-28-2.09

390 and 391

 

 

21-28-2.09. [Repealed]

 

431)

Section

Repealed By Chapter Numbers:

 

21-28-2.10

390 and 391

 

 

21-28.2-10. [Repealed]

 

432)

Section

Amended By Chapter Numbers:

 

21-28-3.18

124 and 125

 

 

21-28-3.18. Prescriptions.

     (a) An apothecary in good faith may sell and dispense controlled substances in schedules

II, III, IV, and V to any person upon a valid prescription by a practitioner licensed by law to

prescribe or administer those substances; dated and signed by the person prescribing on the day

when issued and bearing the full name and address of the patient to whom, or of the owner of the

animal for which, the substance is dispensed; and the full name, address, and registration number

under the federal law of the person prescribing, if he or she is required by that law to be registered.

If the prescription is for an animal, it shall state the species of the animal for which the substance

is prescribed.

     (b) When filling a hard-copy prescription for a schedule II controlled substance, the

apothecary filling the prescription shall sign his or her full name and shall write the date of filling

on the face of the prescription.

     (c) The prescription shall be retained on file by the proprietor of the pharmacy in which it

was filled for a period of two (2) years so as to be readily accessible for inspection by any public

officer or employee engaged in the enforcement of this chapter.

     (d)(1) Hard-copy prescriptions for controlled substances in schedule II shall be filed

separately and shall not be refilled.

     (2) The director of health shall, after appropriate notice and hearing pursuant to § 42-35-3,

promulgate rules and regulations for the purpose of adopting a system for electronic data

transmission of prescriptions for controlled substances in schedules II, III, IV, and V. Opioid

antagonists, including, but not limited to, naloxone, as may be further determined by rules and

regulations, shall be transmitted with controlled substances in schedules II, III, IV, and V. Provided,

information collected regarding dispensing of opioid antagonists shall be for statistical, research,

or educational purposes only. The department’s rules and regulations shall require the removal of

patient, recipient, or prescriber information that could be used to identify individual patients or

recipients of opioid antagonists.

     (3) A practitioner shall sign and transmit electronic prescriptions for controlled substances

in schedules II, III, IV, and V to a pharmacy in accordance with rules and regulations as shall be

promulgated by the department and which shall require electronic transmission no sooner than

January 1, 2020, and a pharmacy may dispense an electronically transmitted prescription for these

controlled substances in accordance with the code of federal regulations, 21 C.F.R., pt. 1300, et

seq.

     (e) Subject to the rules and regulations promulgated by the department pursuant to

subsection (d)(3) of this section, a prescription for a schedule II narcotic substance to be

compounded for the direct administration to a patient by parenteral, intravenous, intramuscular,

subcutaneous, or intraspinal infusion may be transmitted by the practitioner, or practitioner’s agent,

to the pharmacy by facsimile. The facsimile will serve as the original prescription.

     (f) Subject to the rules and regulations promulgated by the department pursuant to

subsection (d)(3) of this section, a prescription for a schedule II substance for a resident of a long-

term-care facility may be transmitted by the practitioner, or the practitioner’s agent, to the

dispensing pharmacy by facsimile. The facsimile serves as the original prescription.

     (g) Subject to the rules and regulations promulgated by the department pursuant to

subsection (d)(3) of this section, a prescription for a schedule II narcotic substance for a patient

residing in a hospice certified by Medicare under title XVIII of the Social Security Act, 42 U.S.C.

§ 1395 et seq., or licensed by the state, may be transmitted by the practitioner, or practitioner’s

agent, to the dispensing pharmacy by facsimile. The practitioner, or the practitioner’s agent, will

note on the prescription that the patient is a hospice patient. The facsimile serves as the original,

written prescription.

     (h) An apothecary, in lieu of a written prescription, may sell and dispense controlled

substances in schedules III, IV, and V to any person upon an oral prescription of a practitioner. In

issuing an oral prescription, the prescriber shall furnish the apothecary with the same information

as is required by subsection (a) of this section and the apothecary who fills the prescription shall

immediately reduce the oral prescription to writing and shall inscribe the information on the written

record of the prescription made. This record shall be filed and preserved by the proprietor of the

pharmacy in which it is filled in accordance with the provisions of subsection (c) of this section. In

no case may a prescription for a controlled substance listed in schedules III, IV, or V be filled or

refilled more than six (6) months after the date on which the prescription was issued and no

prescription shall be authorized to be refilled more than five (5) times. Each refilling shall be

entered on the face or back of the prescription and note the date and amount of controlled substance

dispensed and the initials or identity of the dispensing apothecary.

     (i) In the case of an emergency situation as defined in federal law, an apothecary may

dispense a controlled substance listed in schedule II upon receiving an oral authorization of a

prescribing practitioner provided that:

     (1) The quantity prescribed and dispensed is limited to the amount adequate to treat the

patient during the emergency period and dispensing beyond the emergency period must be pursuant

to a written prescription signed by the prescribing practitioner.

     (2) The prescription shall be immediately reduced to writing and shall contain all the

information required in subsection (a).

     (3) The prescription must be dispensed in good faith in the normal course of professional

practice.

     (4) Within seven (7) days after authorizing an emergency oral prescription, the prescribing

practitioner shall cause a prescription for the emergency quantity prescribed to be delivered to the

dispensing apothecary. The prescription shall have written on its face “authorization for emergency

dispensing” and the date of the oral order. The prescription, upon receipt by the apothecary, shall

be attached to the oral emergency prescription that had earlier been reduced to writing.

     (j)(1) The partial filling of a prescription for a controlled substance listed in schedule II is

permissible, if the apothecary is unable to supply the full quantity called for in a prescription or

emergency oral prescription and he or she makes a notation of the quantity supplied on the face of

the prescription or oral emergency prescription that has been reduced to writing. The remaining

portion of the prescription may be filled within seventy-two (72) hours of the first partial filling,

however, if the remaining portion is not, or cannot be, filled within seventy-two (72) hours, the

apothecary shall notify the prescribing practitioner. No further quantity may be supplied beyond

seventy-two (72) hours without a new prescription.

     (2)(i) A prescription for a schedule II controlled substance written for a patient in a long-

term-care facility (LTCF), or for a patient with a medical diagnosis documenting a terminal illness,

may be filled in partial quantities to include individual dosage units. If there is a question whether

a patient may be classified as having a terminal illness, the pharmacist must contact the practitioner

prior to partially filling the prescription. Both the pharmacist and the prescribing practitioner have

a corresponding responsibility to assure that the controlled substance is for a terminally ill patient.

     (ii) The pharmacist must record on the prescription whether the patient is “terminally ill”

or an “LTCF patient.” A prescription that is partially filled, and does not contain the notation

“terminally ill” or “LTCF patient,” shall be deemed to have been filled in violation of this chapter.

     (iii) For each partial filling, the dispensing pharmacist shall record on the back of the

prescription (or on another appropriate record, uniformly maintained, and readily retrievable), the:

     (A) Date of the partial filling;

     (B) Quantity dispensed;

     (C) Remaining quantity authorized to be dispensed; and

     (D) Identification of the dispensing pharmacist.

     (iv) The total quantity of schedule II controlled substances dispensed in all partial fillings

must not exceed the total quantity prescribed.

     (v) Schedule II prescriptions for patients in a LTCF, or patients with a medical diagnosis

documenting a terminal illness, are valid for a period not to exceed sixty (60) days from the issue

date, unless sooner terminated by the discontinuance of medication.

     (k) Automated data-processing systems. As an alternative to the prescription record-

keeping provision of subsection (h) of this section, an automated data-processing system may be

employed for the record-keeping system if the following conditions have been met:

     (1) The system shall have the capability of producing sight-readable documents of all

original and refilled prescription information. The term “sight readable” means that an authorized

agent shall be able to examine the record and read the information. During the course of an on-site

inspection, the record may be read from the CRT, microfiche, microfilm, printout, or other method

acceptable to the director. In the case of administrative proceedings, records must be provided in a

paper printout form.

     (2) The information shall include, but not be limited to, the prescription requirements and

records of dispensing as indicated in subsection (h) of this section.

     (3) The individual pharmacist responsible for completeness and accuracy of the entries to

the system must provide documentation of the fact that prescription information entered into the

computer is correct. In documenting this information, the pharmacy shall have the option to either:

     (i) Maintain a bound logbook, or separate file, in which each individual pharmacist

involved in the dispensing shall sign a statement each day attesting to the fact that the prescription

information entered into the computer that day has been reviewed and is correct as shown. The

book or file must be maintained at the pharmacy employing that system for a period of at least two

(2) years after the date of last dispensing; or

     (ii) Provide a printout of each day’s prescription information. That printout shall be

verified, dated, and signed by the individual pharmacist verifying that the information indicated is

correct. The printout must be maintained at least two (2) years from the date of last dispensing.

     (4) An auxiliary, record-keeping system shall be established for the documentation of

refills if the automated data-processing system is inoperative for any reason. The auxiliary system

shall ensure that all refills are authorized by the original prescription and that the maximum number

of refills is not exceeded. When this automated data-processing system is restored to operation, the

information regarding prescriptions filled and refilled during the inoperative period shall be entered

into the automated data-processing system within ninety-six (96) hours.

     (5) Any pharmacy using an automated data-processing system must comply with all

applicable state and federal laws and regulations.

     (6) A pharmacy shall make arrangements with the supplier of data-processing services or

materials to ensure that the pharmacy continues to have adequate and complete prescription and

dispensing records if the relationship with the supplier terminates for any reason. A pharmacy shall

ensure continuity in the maintenance of records.

     (7) The automated data-processing system shall contain adequate safeguards for security

of the records to maintain the confidentiality and accuracy of the prescription information.

Safeguards against unauthorized changes in data after the information has been entered and verified

by the registered pharmacist shall be provided by the system.

     (l) Prescriptions for controlled substances as found in schedule II will become void unless

dispensed within ninety (90) days of the original date of the prescription and in no event shall more

than a thirty-day (30) supply be dispensed at any one time.

     (1) In prescribing controlled substances in schedule II, practitioners may write up to three

(3) separate prescriptions, each for up to a one-month supply, each signed and dated on the date

written. For those prescriptions for the second and/or third month, the practitioner must write the

earliest date each of those subsequent prescriptions may be filled, with directions to the pharmacist

to fill no earlier than the date specified on the face of the prescription.

     (m) The prescriptions in schedules III, IV, and V will become void unless dispensed within

one hundred eighty (180) days of the original date of the prescription. For purposes of this section,

a “dosage unit” shall be defined as a single capsule, tablet, or suppository, or not more than one

five (5) ml. of an oral liquid.

     (1) Prescriptions in schedule III cannot be written for more than one hundred (100) dosage

units and not more than one hundred (100) dosage units may be dispensed at one time. Provided,

however, manufacturer prepackaged steroids and hormones in schedule III shall be exempt from

this subsection.

     (2) Prescriptions in schedules IV and V may be written for up to a ninety-day (90) supply

based on directions. No more than three hundred and sixty (360) dosage units may be dispensed at

one time.

     (n) A pharmacy shall transmit prescription information to the prescription-monitoring

database at the department of health within one business day following the dispensing of an opioid

prescription.

     (o) The pharmacist shall inform patients verbally or in writing about the proper disposal of

expired, unused, or unwanted medications, including the location of local disposal sites as listed on

the department of health website.

     (p) The pharmacist shall inform patients verbally or in writing in the proper use of any

devices necessary for the administration of controlled substances.

     (q)(1) A healthcare professional authorized to issue prescriptions shall, prior to issuing an

initial prescription for an opioid drug, specifically discuss with the patient who is eighteen (18)

years of age or older, or the patient’s parent or guardian if the patient is under eighteen (18) years

of age, the risks of developing a dependence or addiction to the prescription opioid drug and

potential of overdose or death; the adverse risks of concurrent use of alcohol or other psychoactive

medications and the patient’s or the minor patient’s parent or guardian’s responsibility to safeguard

all medications; and, if the prescriber deems it appropriate, discuss such alternative treatments as

may be available. For patients in recovery from substance dependence, education shall be focused

on relapse risk factors. This discussion shall be noted in the patient’s record.

     (2) The director of the department of health shall develop and make available to prescribers

guidelines for the discussion required pursuant to this subsection.

     (3) The discussion required under this subsection shall not be required prior to issuing a

prescription to any patient who is currently receiving hospice care from a licensed hospice.

     (r) Effective January 1, 2025, in recognition of the United States Drug Enforcement

Agency (DEA) revised regulations regarding electronic prescription refills permitting DEA

registered pharmacies to transfer electronic prescriptions at a patient's request, the department of

health shall amend its regulations to reflect this change following the Centers for Medicare and

Medicaid's designation for the standard the pharmacy industry must use to support Medicare

electronic prescribing and related transactions to permit the transfer of electronic prescriptions.

 

433)

Section

Amended By Chapter Numbers:

 

21-28.11-10.1

366 and 367

 

 

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 [May

25, 2022] 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 this

title.

     (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.

     (5) Requirements relating to the advertising of cannabis and cannabis products by hybrid

cannabis retailers who have been permitted to sell adult use cannabis and hybrid cannabis

cultivators who have been permitted to cultivate adult use cannabis pursuant to the provisions of

this chapter.

     (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 this title 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; and home delivery.

     (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 this title 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 this title

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 this title 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 subsections (a) and (b) of this section 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.

 

434)

Section

Amended By Chapter Numbers:

 

22-7.4-105

29 and 30

 

 

22-7.4-105. Roosevelt Benton Center.

     The building formerly known as the Juvenile Detention Center, and later known and named

the "Roosevelt Benton Youth Assessment Center", located in on the Pastore Complex on

Cherrydale Court in Cranston, Rhode Island, shall hereafter be named and known as the “Roosevelt

Benton Youth Assessment Center.”

 

435)

Section

Amended By Chapter Numbers:

 

22-7.4-111

29 and 30

 

 

22-7.4-111. The Thomas C. Slater Training School.

     The facility known as the Rhode Island Training School in the city of Cranston, consisting

of the Roosevelt Benton Youth Assessment Center, a youth development center, and a female unit,

shall hereafter be named and known as “The Thomas C. Slater Training School” in honor of Rhode

Island State Representative Thomas C. Slater in recognition of his many and varied contributions

to the facility and the State of Rhode Island.

 

436)

Section

Added By Chapter Numbers:

 

22-7.4-153

1 and 2

 

 

22-7.4-153. Joseph '56 and Ruby DeChristofaro Center for Biotechnology and Life

Sciences.

     The Center for Biotechnology and Life Sciences building on Flagg Road at the University

of Rhode Island in Kingston, shall hereafter be named and known as "Joseph '56 and Ruby

DeChristofaro Center for Biotechnology and Life Sciences."

 

 

 

437)

Section

Added By Chapter Numbers:

 

22-7.4-154

5 and 6

 

 

22-7.4-154. Bill Reynolds Media Work Room in the Amica Mutual Pavilion.

     The media work room in the Amica Mutual Pavilion in Providence shall be named and

known as the "Bill Reynolds Media Work Room."

 

438)

Section

Added By Chapter Numbers:

 

22-7.4-155

155 and 157

 

 

22-7.4-155. Veterans' Square.

     The intersections of Main Street with Legris Avenue and West Warwick Avenue (Route

117), in the town of West Warwick, shall hereafter be named and be known as "Veterans' Square."

     SECTION 2. This act shall take effect upon passage.

 

439)

Section

Added By Chapter Numbers:

 

22-7.4-156

160 and 161

 

 

22-7.4-156. Albert P. Valliere Bike Path.

     The portion of the Blackstone River Bike Path located within the city of Woonsocket shall

hereafter be named and known as "Albert P. Valliere Bike Path".

 

440)

Section

Added By Chapter Numbers:

 

23-1-42.2

260 and 261

 

 

23-1-42.2. Professions and occupations licenses, certifications, and registration –

Confidentiality of personal information.

     Notwithstanding the licensure, certification, or registration requirements specified in

statutes governing professions and occupations administered by the department of health, the

director of health shall not include the personal residence address, personal telephone number,

personal email address, or other personal contact information of licensed professionals on any and

all public provider profiles, registries, and any other lists of professionals and occupations

developed and maintained by the department.

 

 

 

441)

Section

Amended By Chapter Numbers:

 

23-1-45

423 and 424

 

 

Pl. 423

 

 

23-1-45. Immunization account.

   (a) There is created within the general fund a restricted receipt account to be known as the

“childhood immunization account”. All money in the account shall be utilized by the department

of health to effectuate the provisions of § 23-1-44 that relate to the childhood immunization

program. All money received pursuant to §§ 23-1-46 and 23-1-47 for the childhood immunization

program shall be deposited in the childhood immunization account. Funding dedicated exclusively

to effectuate the provisions of § 23-1-44 and this subsection received by the department of health

from sources other than those identified in §§ 23-1-46 and 23-1-47 may also be deposited in the

childhood immunization account. Up to 15% of the annual revenues from this account may be used

to support costs associated with childhood immunization program administrative and quality

assurance services and KIDSNET. The general treasurer is authorized and directed to draw his or

her orders on the account upon receipt of properly authenticated vouchers from the department of

health. Provided that for FY 2025 only, the department shall use up to eight hundred fifty thousand

dollars ($850,000) of available resources from the account to effectuate coverage for the following

services: the existing PediPRN and MomsPRN information lines together with any additional

information line, referral service, or hotline which is available to providers or residents in the state,

and which is funded pursuant to regulation adopted by the director of the department of health. The

department must submit a report to the speaker of the house and senate president no later than

March 1, 2025, regarding use of these funds as well as recommendations for support beyond FY

2025.

     (b) There is created within the general fund a restricted receipt account to be known as the

“pandemic medications and equipment account” for the purposes of funding pandemic medications

and equipment. There shall be an expenditure in FY 2007 not to exceed one million dollars

($1,000,000) for pandemic influenza medications and equipment. Funding dedicated exclusively

to effectuate the provisions of this subsection and received by the department of health from sources

other than those identified in §§ 23-1-45, 23-1-46 and 23-1-47 may also be deposited in the

pandemic medications and equipment account. The general treasurer is authorized and directed to

draw his or her orders on the account upon receipt of properly authenticated vouchers from the

department of health.

     (c) There is created within the general fund a restricted receipt account to be known as the

“adult immunization account”. All funds in the account shall be utilized by the department of health

to effectuate the provisions of § 23-1-44 that relate to the adult immunization program. All funds

received for adult immunization programs pursuant to §§ 23-1-46 and 23-1-47 shall be deposited

in the adult immunization account. Funding dedicated exclusively to effectuate the provisions of

this subsection and received by the department of health from sources other than those identified

in §§ 23-1-46 and 23-1-47 may also be deposited in the adult immunization account. The general

treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly

authenticated vouchers from the department of health. Provided that for FY 2025 only, the

department shall use up to eight hundred fifty thousand dollars ($850,000) of available resources

from the account to effectuate coverage for the following services: the existing PediPRN and

MomsPRN information lines together with any additional information line, referral service, or

hotline which is available to providers or residents in the state, and which is funded pursuant to

regulation adopted by the director of the department of health. The department must submit a report

to the speaker of the house and senate president no later than March 1, 2025, regarding use of these

 

 

See P.L. 2024, ch. 423 relating to clerical error concerning enactment of P.L. 2024, ch. 423

 

 

 

 

 

Pl. 424

 

 

 (a) There is created within the general fund a restricted receipt account to be known as the

“childhood immunization account”. All money in the account shall be utilized by the department

of health to effectuate the provisions of § 23-1-44 that relate to the childhood immunization

program. All money received pursuant to §§ 23-1-46 and 23-1-47 for the childhood immunization

program shall be deposited in the childhood immunization account. Funding dedicated exclusively

to effectuate the provisions of § 23-1-44 and this subsection received by the department of health

from sources other than those identified in §§ 23-1-46 and 23-1-47 may also be deposited in the

childhood immunization account. Up to 15% of the annual revenues from this account may be used

to support costs associated with childhood immunization program administrative and quality

assurance services and KIDSNET. The general treasurer is authorized and directed to draw his or

her the general treasurer’s orders on the account upon receipt of properly authenticated vouchers

from the department of health. Provided that for FY 2025 only, the department shall use up to eight

hundred and fifty thousand dollars ($850,000) of available resources from the account to effectuate

coverage for the following services: the The existing PediPRN and MomsPRN information lines

together with any additional information line, referral service, or hotline which that is available to

providers or residents in the state, and which that is funded pursuant to regulation adopted by the

director of the department of health. The department must submit a report to the speaker of the

house and senate president no later than March 1, 2025, regarding use of these funds as well as

recommendations for support beyond FY 2025.

     (b) There is created within the general fund a restricted receipt account to be known as the

“pandemic medications and equipment account” for the purposes of funding pandemic medications

and equipment. There shall be an expenditure in FY 2007 not to exceed one million dollars

($1,000,000) for pandemic influenza medications and equipment. Funding dedicated exclusively

to effectuate the provisions of this subsection and received by the department of health from sources

other than those identified in §§ 23-1-45, 23-1-46 and 23-1-47 may also be deposited in the

pandemic medications and equipment account. The general treasurer is authorized and directed to

draw his or her the general treasurer’s orders on the account upon receipt of properly

authenticated vouchers from the department of health.

     (c) There is created within the general fund a restricted receipt account to be known as the

“adult immunization account”. All funds in the account shall be utilized by the department of health

to effectuate the provisions of § 23-1-44 that relate to the adult immunization program. All funds

received for adult immunization programs pursuant to §§ 23-1-46 and 23-1-47 shall be deposited

in the adult immunization account. Funding dedicated exclusively to effectuate the provisions of

this subsection and received by the department of health from sources other than those identified

in §§ 23-1-46 and 23-1-47 may also be deposited in the adult immunization account. The general

treasurer is authorized and directed to draw his or her general treasurer’s orders on the account

upon receipt of properly authenticated vouchers from the department of health. Provided that for

FY 2025 only, the department shall use up to eight hundred and fifty thousand dollars ($850,000)

of available resources from the account to effectuate coverage for the following services: the The

existing PediPRN and MomsPRN information lines together with any additional information line,

referral service, or hotline which that is available to providers or residents in the state, and which

is funded pursuant to regulation adopted by the director of the department of health. The department

must submit a report to the speaker of the house and senate president no later than March 1, 2025,

regarding use of these funds as well as recommendations for support beyond FY 2025.

 

 

 

 

 

442)

Section

Amended By Chapter Numbers:

 

23-1.10-4

54 and 55

 

 

23-1.10-4. Duties of department.

     The department shall:

     (1) Develop, encourage, and foster statewide, regional, and local plans and programs for

the prevention of alcoholism and treatment of alcoholics and intoxicated persons in cooperation

with public and private agencies, organizations, and individuals and provide technical assistance

and consultation services for these purposes;

     (2) Coordinate the efforts and enlist the assistance of all public and private agencies,

organizations, and individuals interested in prevention of alcoholism and treatment of alcoholics

and intoxicated persons;

     (3) Cooperate with the department of corrections and board of parole in establishing and

conducting programs to provide treatment for alcoholics and intoxicated persons in or on parole

from penal institutions;

     (4) Cooperate with the board of regents for elementary and secondary education, board of

governors for higher education, schools, police departments, courts, and other public and private

agencies, organizations, and individuals in establishing programs for the prevention of alcoholism

and treatment of alcoholics and intoxicated persons, and preparing curriculum materials for use at

all levels of school education;

     (5) Prepare, publish, evaluate, and disseminate educational material dealing with the nature

and effects of alcohol;

     (6) Develop and implement, as an integral part of treatment programs, an educational

program for use in the treatment of alcoholics and intoxicated persons, which program shall include

the dissemination of information concerning the nature and effects of alcohol;

     (7) Organize and foster training programs for all persons engaged in treatment of alcoholics

and intoxicated persons;

     (8) Sponsor and encourage research into the causes and nature of alcoholism and treatment

of alcoholics and intoxicated persons, and serve as a clearing house clearinghouse for information

relating to alcoholism;

     (9) Specify uniform methods for keeping statistical information by public and private

agencies, organizations, and individuals, and collect and make available relevant statistical

information, including number of persons treated, frequency of admission and readmission, and

frequency and duration of treatment;

     (10) Advise the governor in the preparation of a comprehensive plan for treatment of

alcoholics and intoxicated persons;

     (11) Review all state health, welfare, and treatment plans to be submitted for federal

funding under federal legislation, and advise the governor on provisions to be included relating to

alcoholism and intoxicated persons;

     (12) Assist in the development of, and cooperate with, alcohol education and treatment

programs for employees of state and local governments and businesses and industries in the state;

     (13) Utilize the support and assistance of interested persons in the community, particularly

recovered alcoholics, to encourage alcoholics to voluntarily undergo treatment;

     (14) Cooperate with the department of transportation and related agencies both state and

local in establishing and conducting programs designed to deal with the problem of persons

operating motor vehicles while intoxicated;

     (15) Encourage general hospitals and other appropriate health facilities to admit without

discrimination alcoholics and intoxicated persons and to provide them with adequate and

appropriate treatment;

     (16) Encourage all health and disability insurance programs to include alcoholism as a

covered illness;

     (17) Submit to the governor an annual report covering the activities of the department; and

     (18) Establish alcohol and substance abuse prevention programs for students in

kindergarten through grade twelve (12), in accordance with § 35-4-18. The director shall make an

annual report to the governor and the general assembly on the administration of the program and

shall submit to the governor and the general assembly the results of an independent evaluation of

the alcohol and substance abuse prevention program established in accordance with this section.

This evaluation shall address the following areas:

     (i) Program development;

     (ii) Implementation;

     (iii) Impact; and

     (iv) Recommendations for future needs; and

     (19) The department, shall coordinate with the Rhode Island department of health and any

other appropriate public or private agencies, organizations, or individuals to propose revisions and

updates to this chapter. This shall include, but not be limited to, updates or revisions to statutory

language, definitions, and evidence-based best practices. The department shall report the proposed

revisions and updates, described in this subsection, to the general assembly and members of the

senate committee on health & human services and the house committee on health, education and

welfare on or before January 1, 2025.

 

 

 

443)

Section

Amended By Chapter Numbers:

 

23-3-5.1

50 and 51

 

 

23-3-5.1. Transfer of public historical documents.

     At the end of each calendar year, original records of births and marriages which that have

occurred one hundred (100) years or more from the date of transfer and deaths which that have

occurred fifty (50) years or more from the date of transfer, shall be permanently transferred by the

state registrar of vital records to the custody of the state archives under control of the secretary of

state who may promulgate rules and regulations pertaining to these public historical documents.

Prior to transferring the records, to the state archives, the division of vital records shall ensure that

an electronic copy of the records is provided to all local registrars for the purpose of issuance of

accurate copies, or certified copies, to the public as authorized by law. Amendments to records on

file with the local registrar, which are not available in electronic format, shall be forwarded upon

amendment to the local registrar for the purpose of issuance of accurate copies, or certified copies,

to the public as authorized by law.

 

 

 

444)

Section

Amended By Chapter Numbers:

 

23-3-24

50 and 51

 

 

23-3-24. Copies of data from vital records.

     In accordance with § 23-3-23 and the regulations adopted pursuant to that section:

     (1) The state registrar of vital records shall upon request issue a certified copy of any

certificate or record in his or her the registrar's custody or a part thereof. Each copy issued shall

show the date of registration; and copies issued from records marked “delayed,” “amended,” or

“court order” shall be similarly marked and show the effective date. Any copies issued of a

“certificate of foreign birth” shall indicate this fact and show the actual place of birth.

     (2) The custodian of permanent local records local registrars shall upon request issue a

certified copy of any certificate or record in his or her the local registrar's custody or to which the

local registrar has access only in a form that shall be prescribed by the state director of health or

the state archives under the control of the secretary of state, following transfer pursuant to § 23-3-

5.1.

     (3) A certified copy of a certificate or any part thereof, issued in accordance with

subdivision (1) or (2) of this section, shall be considered for all purposes the same as the original,

and shall be prima facie evidence of the facts stated in the certificate, provided that the evidentiary

value of a certificate or record filed more than one year after the event, or a record which that has

been amended, or a “certificate of foreign birth,” shall be determined by the judicial or

administrative body or official before whom the certificate is offered as evidence.

     (4) The National Office of Vital Statistics may be furnished copies or data that it may

require for national statistics; provided, that the state shall be reimbursed for the cost of furnishing

the data; and provided further, that the data shall not be used for other than statistical purposes by

the National Office of Vital Records unless so authorized by the state registrar of vital records.

     (5) Federal, state, local, and other public or private agencies may, upon request, be

furnished copies or data for statistical purposes upon terms or conditions that may be prescribed by

the state director of health.

     (6) No person shall prepare or issue any certificate which purports to be an original certified

copy, or copy of a certificate of birth, death, or fetal death, except as authorized in this chapter or

regulations adopted under this chapter.

 

445)

Section

Amended By Chapter Numbers:

 

23-4-3

199 and 200

 

 

23-4-3. Functions.

     The office of state medical examiners shall be responsible for:

     (1) The investigation of deaths within the state that, in its judgment, might reasonably be

expected to involve causes of death enumerated in this chapter;

     (2) For the conduct of inquests when requested by the attorney general;

     (3) For the performance of autopsies, including the retention, examination, and appropriate

disposal of tissue, when appropriate, for deaths that, in its judgment, might reasonably be expected

to involve causes of deaths enumerated in this chapter;

     (4) For the written determination of the causes of death investigated pursuant to this

chapter;

     (5) For the presentation to the courts of Rhode Island of expert testimony relating to the

cause of death;

     (6) For the keeping of complete records, including names, places, circumstances, and

causes of deaths, of deaths investigated and reported, copies of which shall be delivered to the

attorney general and of which written determinations of causes of death shall be made available for

public inspection;

     (7) For the burial of bodies for which there is no other existing legal responsibility to do

so;

     (8) For the development and enforcement of procedures for the pronouncement of death

and for the transplantation of organs from bodies of persons who have died within the state;

     (9)(i) For a multidisciplinary team review of child fatalities with the goal to decrease the

prevalence of preventable child deaths and report recommendations for community- and systems-

intervention strategies. A child death-review team shall include, but is not limited to, representation

from state agencies, health care, child welfare, and law enforcement; and

     (ii) The work product of the child death-review team shall be confidential and protected

under all applicable laws, including the federal Health Insurance Portability and Accountability Act

of 1996 and the Rhode Island confidentiality of health care information act (chapter 37.3 of title 5)

and shall be exempt from the provisions of chapter 2 of title 38 and shall be deemed privileged

pursuant to § 23-17.21-8;

     (10) The department of health shall work with the department of children, youth and

families and the office of the child advocate to develop a process to ensure the timely availability

of autopsy reports on child deaths;

     (11)(i) For a multidisciplinary team review of drug-related overdose deaths with the goal

of reducing the prevalence of these deaths by examining emerging trends in overdose, identifying

potential demographic, geographic, and structural points for prevention, and other factors. The

multidisciplinary team for review of drug-related overdose deaths may include, as determined by

the director of the department of health, representatives from the department of health; the

department of the attorney general; the Rhode Island state police; the department of corrections;

the department of behavioral healthcare, developmental disabilities and hospitals; the Rhode Island

Police Chiefs Association; the Hospital Association of Rhode Island; an emergency department

physician; a primary care physician; an addiction medicine/treatment provider; a mental health

clinician; a toxicologist; a recovery coach or other representative of the recovery community; and

others as may be determined by the director of the department of health;

     (ii) The work product of the multidisciplinary team for review of drug-related overdose

deaths shall be confidential and protected under all applicable laws, including the federal Health

Insurance Portability and Accountability Act of 1996 and the Rhode Island confidentiality of health

care information act (chapter 37.3 of title 5), and shall be exempt from the provisions of chapter 2

of title 38, not subject to subpoena, discovery, or introduction into evidence in any civil or criminal

proceeding, and not subject to disclosure beyond the team members (except to authorized

employees of the department of health as necessary to perform its official duties pursuant to this

subsection (11));

     (iii) The multidisciplinary team shall report on or before December 1 of each year to the

governor, the speaker of the house, and president of the senate, which report shall summarize the

activities of the team, as well as the team’s findings, progress towards reaching its goals, and

recommendations for any needed changes in legislation or otherwise;

     (iv) [Deleted by P.L. 2021, ch. 21, § 1 and P.L. 2021, ch. 22, § 1.]

     (v) The multidisciplinary team, or Rhode Island department of health state employees

appointed by the director of the department of health, shall, as relatives of the deceased are willing,

be empowered to gather information from such consenting relatives regarding the circumstances of

the decedent’s death. The information gathered shall remain confidential and publicly released as

aggregate de-identified information. The information gathered will be utilized to help identify

specific prevention and intervention strategies to prevent further deaths. The information gathered

shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal

proceeding, and shall not be subject to disclosure beyond the team members except to authorized

employees of the department of health as necessary to perform its official duties pursuant to this

subsection (11), and except as aggregate de-identified information; and

     (12)(i) For a multidisciplinary maternal mortality review committee for review of maternal

deaths of women that occur during pregnancy, delivery, or within one year of the end of pregnancy

with the goal of reducing the prevalence of such deaths by examining emerging trends in such

deaths, identifying potential demographic, geographic, and structural points for prevention, and

other factors. This committee has the authority to request and receive data from vital records,

healthcare providers, healthcare facilities, pharmacy records, and any other agencies or officials

having information that is necessary for the committee to carry out its duties under this section.

The multidisciplinary maternal mortality review committee shall include, but not be limited to, as

determined by the director of the department of health, representation from state agencies; an

obstetric provider from each hospital that delivers obstetrical care; a neonatal specialist; individuals

or organizations that represent the populations that are most affected by pregnancy-related deaths

or pregnancy-associated deaths and lack of access to maternal healthcare services; a perinatal

pathologist; and a maternal fetal medicine specialist. This committee shall develop

recommendations for the prevention of maternal deaths and disseminate findings and

recommendations to policy makers, healthcare providers, healthcare facilities, and the general

public.;

     (ii) The work product of the maternal mortality review committee shall be confidential and

protected under all applicable laws, including the federal Health Insurance Portability and

Accountability Act of 1996 and the Rhode Island confidentiality of health care information act

(chapter 37.3 of title 5) and shall be exempt from the provisions of chapter 2 of title 38 and shall

be deemed privileged pursuant to § 23-17.21-8; and

     (13)(i) For a multidisciplinary team review of suicide deaths with the goal of reducing the

prevalence of these deaths by examining trends in demographic, geographic, community, and

structural protective and risk factors. The multidisciplinary team may include, as determined by the

director of the Rhode Island department of health (RIDOH), representatives from the Rhode Island

office of the state medical examiner examiners, RIDOH’s violence and injury prevention program,

the department of behavioral healthcare, developmental disabilities, and hospitals, emergency

medical services, law enforcement, healthcare health care, and others as may be determined by

the director of the department of health;

     (ii) The work product of the adult suicide fatality review team shall be confidential and

protected under all applicable laws, including the federal Health Insurance Portability and

Accountability Act of 1996 and chapter 37.3 of title 5 (the "Rhode Island confidentiality of health

care communications and information act") and shall be exempt from the provisions of chapter 2

of title 38 ("access to public records") and shall be deemed privileged pursuant to § 23-17.21-8, not

subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding,

and not subject to disclosure beyond the team members (except to authorized employees of the

department of health as necessary to perform its official duties pursuant to this subsection (13)).;

     (iii) The multidisciplinary team shall be responsible for developing annual

recommendations for the state suicide prevention coalition and/or the state agency(ies) responsible

for suicide prevention in Rhode Island. The recommendations should align with the Rhode Island

suicide prevention state plan and shall outline, based on suicide fatality case review data, potential

strategies to increase protective factors and decrease risk factors to reduce suicide deaths in Rhode

Island.

 

446)

Section

Amended By Chapter Numbers:

 

23-4-10

72 and 73

 

 

23-4-10. Disposition of deceased bodies.

     (a) The office of state medical examiners shall, after any postmortem external examination

or any autopsy, promptly release the deceased body to the relatives, representatives, or domestic

partners of the deceased. The cost of transporting the deceased body to a mortuary within the state

of the relatives’ or domestic partner’s choice shall be borne by the state if the autopsy was required

to be performed as provided in this chapter or other persons authorized by law to make

arrangements for the disposition of the decedent's remains. The cost of transporting the deceased

body to the office of state medical examiners shall be borne by the state if the autopsy was required

to be performed as provided in this chapter. If the relatives, representatives, or domestic partners

of the decedent or other person authorized by law to make arrangements for the disposition of the

decedent's remains:

     (i1) Fails or refuses to claim the body within fourteen (14) days of receiving notice of the

death of the decedent; or

     (ii2) Fails or refuses to make arrangements with a funeral home for the removal of the body

from the state medical examiner's morgue within thirty (30) days of receiving notice of the death

of the decedent, then the body shall be deemed unclaimed and shall be buried in accordance with

§ 40-6-3.10. If there are no known relatives, representatives or domestic partners, the office of state

medical examiners, after reasonable public notices, the body shall be deemed unclaimed and the

office of state medical examiners shall cause the body of the deceased person to be buried in

accordance with § 40-6-3.10. The general treasurer of the state shall have first priority in recovering

the expenses of burial from the estate of the deceased person.

     (b) For the purpose of this chapter, “domestic partner” shall be defined as a person who,

prior to the decedent’s death, was in an exclusive, intimate, and committed relationship with the

decedent, and who certifies by affidavit that their relationship met the following qualifications:

     (1) Both partners were at least eighteen (18) years of age and were mentally competent to

contract;

     (2) Neither partner is married to anyone else;

     (3) Partners were not related by blood to a degree which that would prohibit marriage in

the state of Rhode Island;

     (4) Partners resided together and had resided together for at least one year at the time of

death; and

     (5) Partners were financially interdependent as evidenced by at least two (2) of the

following:

     (i) Domestic partnership agreement or relationship contract;

     (ii) Joint mortgage or joint ownership of primary residence;

     (iii) Two (2) of the following:

     (A) Joint ownership of motor vehicle;

     (B) Joint checking account;

     (C) Joint credit account;

     (D) Joint lease; and/or

     (iv) The domestic partner had been designated as a beneficiary for the decedent’s will,

retirement contract, or life insurance.

 

447)

Section

Amended By Chapter Numbers:

 

23-6.5

388 and 389

 

 

CHAPTER 23-6.5

AUTOMATED EXTERNAL DEFIBRILLATORS REQUIRED AT PUBLIC PLACES AND

HEALTHCARE FACILITIES

 

448)

Section

Amended By Chapter Numbers:

 

23-6.5-1

388 and 389

 

 

23-6.5-1. Legislative findings.

     (1) Approximately three hundred twenty-five thousand (325,000) Americans suffer sudden

cardiac arrest (“SCA”) each year and more than ninety-five percent (95%) of them die before

reaching the hospital;

     (2) In the population of Rhode Island, an estimated one thousand (1,000) residents will die

of cardiac arrest every year;

     (3) Facilities Health careHealthcare facilities, as well as facilities that host large numbers

of visitors, are more likely to experience an event that requires an automated external defibrillator

(“AED”);

     (4) If defibrillation is performed within five (5) to seven (7) minutes, chances of survival

are increased by forty-nine percent (49%). Every minute that goes by without defibrillation reduces

the chance of survival by seven percent (7%) to ten percent (10%);

     (5) Automated external defibrillators (AEDs) are extremely accurate computerized devices

that can be operated by the average person; and

     (6) Automated external defibrillators (AEDs) can be acquired through grants from various

organizations or through government agencies.

 

449)

Section

Amended By Chapter Numbers:

 

23-6.5-2

388 and 389

 

 

23-6.5-2. Automated external defibrillators requirements.

     (a) As used in this chapter, “public place” means an enclosed area capable of holding three

hundred (300) people or more and to which the public is invited or in which the public is permitted,

including, but not limited to: banks; bars; educational facilities; healthcare facilities; laundromats;

public transportation facilities; reception areas; restaurants; retail food production and marketing

establishments; retail service establishments; retail stores; shopping malls; sports arenas;

government offices; theaters; and waiting rooms. A private residence is not a “public place” unless

it is used as a childcare, adult daycare, or healthcare facility.

     (b) Notwithstanding the provisions contained in § 5-50-12 or § 16-21-33.1 relating to

automated external defibrillators in health clubs and schools, any person who owns or operates a

public place or health carehealthcare facility as defined in subsection (a) of this section§ 23-6.5-4

shall provide and maintain:

     (1) On-site, functional automated external defibrillators (AEDs) in quantities and types,

deemed by the director of health, to be adequate to ensure ready and appropriate access for use

during emergencies; and

     (2) At least one person who is properly trained in the operation and use of an AED. Training

required by this chapter may be conducted by qualified personnel, including, but not limited to,

municipal fire and police department employees.

 

450)

Section

Added By Chapter Numbers:

 

23-6.5-4

388 and 389

 

 

23-6.5-4. Definitions.

     The following definitions govern the construction of this chapter:

     (1) "Health careHealthcare facility" means any healthcare facility licensed by the

department of health including any institutional health-service provider, facility, or institution,

place, building, agency, or portion thereof, whether a partnership or corporation, whether public or

private, whether organized for profit or not, used, operated, or engaged in providing healthcare

services, including, but not limited to: hospitals; nursing facilities; rehabilitation centers; kidney

disease treatment centers; health maintenance organizations; and facilities providing surgical

treatment to patients not requiring hospitalization (surgi-centers); hospice care,; and physician

ambulatory-surgery centers and podiatry ambulatory-surgery centers providing surgical treatment.

The term "health carehealthcare facility" also includes organized ambulatory-care facilities that

are not part of a hospital but that are organized and operated to provide healthcare services to

outpatients, such as: central-services facilities serving more than one health carehealthcare facility

or healthcare provider; treatment centers; diagnostic centers; outpatient clinics; infirmaries and

health centers; school-based health centers,; and neighborhood health centers. The term "health

carehealthcare facility" also includes a practitioner's (physician, dentist, or other healthcare

provider) office or group of practitioners' offices (whether owned and/or operated by a hospital or

an affiliate of a hospital or an individual practitioner, alone or as a member of a partnership,

professional service corporation, organization, or association).

     (2) "Public place" means an enclosed area capable of holding three hundred (300) people

or more and to which the public is invited or in which the public is permitted, including, but not

limited to: banks; bars; educational facilities; laundromats; public transportation facilities;

reception areas; restaurants; retail food production and marketing establishments; retail service

establishments; retail stores; shopping malls; sports arenas; government offices; theaters; and

waiting rooms. A private residence is not a "public place" unless it is used as a childcare or adult

daycare facility.

 

451)

Section

Amended By Chapter Numbers:

 

23-10.1-3

54 and 55

 

 

23-10.1-3. General powers and duties.

     (a) The department is charged with the execution of the laws relating to the emergency

admission and custody of drug intoxicated individuals.

     (b) The department may adopt rules and regulations that it may deem necessary to carry

out the provisions of this chapter to insure the safety and promote the welfare of individuals

committed to its custody pursuant to this chapter.

     (c) The department, shall coordinate with the Rhode Island department of health and any

other appropriate public or private agencies, organizations, or individuals to propose revisions and

updates to this chapter. This shall include, but not be limited to, updates or revisions to statutory

language, definitions, and evidence-based best practices. The department shall report the proposed

revisions and updates, described in this subsection, to the general assembly and members of the

senate committee on health & human services and the house committee on health, education and

welfare on or before January 1, 2025.

 

452)

Section

Amended By Chapter Numbers:

 

23-12.9-2

340 and 341

 

 

23-12.9-2. Public policy goals — Department of health.

     The department of health, through the Rhode Island Cancer Council, is authorized and

mandated to implement the following public health policy goals as they relate to dense breast

notification in Rhode Island. Commencing on October 1, 2014, all All healthcare facilities that

perform mammography examinations shall include in the summary of the mammography report to

be provided to a patient by mail, electronically, or otherwise, information that identifies the

patient’s individual Breast Tissue Classification based on the Breast Imaging Reporting and Data

System established by the American College of Radiology. If the The facility determines that a

patient has heterogeneously or extremely dense breasts, the summary of the mammography report

shall also include the following mandated FDA National Reporting Standard for breast density

patient notification language in the notice to the patient.:

     “Your mammogram indicates that you have dense breast tissue. Dense breast tissue is

relatively common and is found in about forty percent (40%) of women. The presence of dense

tissue can make it more difficult to detect cancers in the breast by mammography because it can

hide small abnormalities and may be associated with an increased risk. Hence, you may benefit

from supplementary screening tests, which may include a breast ultrasound screening, or a breast

MRI examination, or both, depending on your individual risk factors.

     We are providing this information to raise your awareness of this important factor and to

encourage you to discuss your dense breast tissue, as well as other breast cancer risk factors, with

your healthcare provider. Together, you can decide which screening options are right for you.

     A report of your results was sent to your physician. You should contact your physician if

you have any questions or concerns about this report.”

 

453)

Section

Added By Chapter Numbers:

 

23-13.8

278 and 279

 

 

CHAPTER 13.8

LACTATION COUNSELORS PRACTICE ACT OF 2024

 

454)

Section

Added By Chapter Numbers:

 

23-13.8-1

278 and 279

 

 

23-13.8-1. Short title.

     This chapter shall be known and may be cited as the "Lactation Counselors Practice Act of

2024."

 

455)

Section

Added By Chapter Numbers:

 

23-13.8-2

278 and 279

 

 

23-13.8-2. Definitions.

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

     (1) "Care extender" means an individual with lived experience who provides family

navigation, care coordination, and peer support services to individuals.

     (2) "Department" means the Rhode Island department of health.

     (3) "Director" means the director of the Rhode Island department of health, or designee.

     (4) "Lactation counselor" means an individual who holds current certification from the

Academy of Lactation Policy and Practice as a certified lactation counselor (CLC) or an advanced

lactation consultant (ALC) after demonstrating appropriate education and competency and passing

a criterion-referenced examination.

     (5) "Practice" means rendering or offering to render any lactation counseling services based

on the scope of work practice as a licensed lactation counselor, as defined in regulations, which

includes lactation counseling services provided to any individual, family, or group of individuals.

 

456)

Section

Added By Chapter Numbers:

 

23-13.8-3

278 and 279

 

 

23-13.8-3. Licensure requirements.

     (a) No individual shall practice unless the individual is licensed in accordance with the

provisions of this chapter.

     (b) A licensed lactation counselor shall provide lactation counseling services within the

scope of practice in the performance of the counselor’s duties.

     (c) A licensed lactation counselor is authorized to supervise the following individuals:

     (1) Licensed lactation counselor;

     (2) Students, interns, or individuals preparing for practice as a lactation counselor;

     (3) Care extenders and other team members as appropriate; and

     (4) Volunteers.

     (d) A licensed lactation counselor shall not delegate any of their duties or responsibilities

to any individual under their supervision who is not a licensed lactation counselor.

 

457)

Section

Added By Chapter Numbers:

 

23-13.8-4

278 and 279

 

 

23-13.8-4. Qualifications for licensure.

     An applicant for licensure as a lactation counselor shall:

     (1) Be at least eighteen (18) years of age;

     (2) Successfully complete an academic and practice program in lactation counseling;

     (3) Pass the examination offered by the Academy of Lactation Policy and Practice of CLC

and or and/or ALC; and

     (4) Currently be certified as a CLC or ALC or comparable training determined by the

director.

 

458)

Section

Added By Chapter Numbers:

 

23-13.8-5

278 and 279

 

 

23-13.8-5. Licensure application.

     In order to apply for licensure as a lactation counselor, an applicant shall submit the

following on forms provided by the department:

     (1) A completed application including, but not limited to,: name, address, date of birth,

social security number, telephone number, and email address; and

     (2) An application fee determined by the department, which fee shall be non-refundable

and non-returnable; and

     (3) Verification of current certification as a CLC or an ALC submitted to the department

by the Academy of Lactation Policy and Practice.

 

459)

Section

Added By Chapter Numbers:

 

23-13.8-6

278 and 279

 

 

23-13.8-6. Licensure by endorsement.

     In order to apply for a license by endorsement, an applicant shall submit the following on

forms provided by the department:

     (1) A completed application including, but not limited to,: name, address, date of birth,

social security number, telephone number, and email address;

     (2) An application fee determined by the department, which shall be non-refundable and

non-returnable;

     (3) Verification of current certification as a CLC or an ALC submitted directly to the

department by the Academy of Lactation Policy and Practice; and

     (4) Verification that the applicant is in good standing from all states where the applicant is

currently certified and/or licensed as a lactation counselor submitted directly to the department by

the certifying and/or licensing authority.

 

460)

Section

Added By Chapter Numbers:

 

23-13.8-7

278 and 279

 

 

23-13.8-7. Issuance.

     A license as a lactation counselor shall be issued to an applicant who meets the relevant

requirements for licensure as required by this chapter.

 

461)

Section

Added By Chapter Numbers:

 

23-13.8-8

278 and 279

 

 

23-13.8-8. Expiration and renewal of licenses.

     (a) The license of every person licensed in accordance with this chapter shall expire on

January 31 of the next odd-numbered year following the issuance of the lactation counselor’s

license.

     (b) In order to renew a license, the licensee shall file a renewal application with the

department, together with a renewal fee, on or before January 31 in each odd-numbered year. The

license renewal shall be effective on the first day of February.

     (c) If a licensee fails to renew their license on or before January 31 in each odd-numbered

year, as required by this chapter, the license shall expire. No one whose license is expired is

authorized to practice as a licensed lactation counselor or represent themselves as being able to

practice as a licensed lactation counselor in Rhode Island until they have renewed the expired

license in accordance with this chapter or have a terminated license reinstated in accordance with

this chapter.

     (d) A licensee may renew an expired license within one year of the expiration date. In order

to renew an expired license, the licensee shall submit the following:

     (1) A renewal application, together with the current renewal fee plus an additional fee as

provided in applicable rules and regulations promulgated by the department. The fees shall be non-

refundable and non-returnable.

     (e) If a licensee fails to renew an expired license within one year of the date of its expiration,

the license will be terminated. In order to reinstate a terminated license, the licensee shall submit

the following:

     (1) A reinstatement application together with the current renewal fee, plus an additional

fee as provided in applicable rules and regulations promulgated by the department. The fees shall

be non-refundable and non-returnable; and

     (b2) Verification of current certification as a CLC or an ALC shall be submitted directly to

the department by the Academy of Lactation Policy and Practice.

 

462)

Section

Added By Chapter Numbers:

 

23-13.8-9

278 and 279

 

 

23-13.8-9. Scope of practice.

     (a) A licensed lactation counselor must provide lactation counseling services within the

scope of practice which will include, but not be limited to, referral, as appropriate, to a healthcare

professional both as defined by the director through the promulgation of regulations. Furthermore,

a licensed lactation counselor shall comply with the academy of lactation policy and practice

Academy of Lactation Policy and Practice; CLC, in accordance with "Scope of Practice for

CLCs"; ALC, in accordance with "Scope of Practice for ALCs"; and/or a licensed lactation

counselor shall limit the counselor’s practice to demonstrated areas of competence as documented

by relevant professional education, training, and experience.

     (b) A licensed lactation counselor shall conduct the counselor’s professional activities in

accordance with the "Scope of Practice for CLCs," and/or "Scope of Practice for ALCs".

 

463)

Section

Added By Chapter Numbers:

 

23-13.8-10

278 and 279

 

 

23-13.8-10. Maintenance of certification.

     (a) A licensee shall notify the department, in writing, within five (5) business days of

receiving notification from the academy of lactation policy and practice Academy of Lactation

Policy and Practice that their status as a CLC or an ALC, as required in this chapter, has been

revoked and/or subject to any restriction, limitation, or other sanction.

     (b) A licensee shall notify the department, in writing, within five (5) business days of

failure to renew or other lapse of their status as a CLC or an ALC.

 

464)

Section

Added By Chapter Numbers:

 

23-13.8-11

278 and 279

 

 

23-13.8-11. Persons and practices exempt.

     (a) Nothing in this chapter shall be construed to prevent qualified members of other

professions or other occupations or volunteers from performing functions consistent with the

accepted standards of their respective professions; provided, however, that they do not hold

themselves out to the public by any title or description stating or implying that they are licensed

lactation counselors.

     (b) Nothing in this chapter shall be construed to prevent the practice of lactation counseling

services by students, interns, or persons preparing for practice under the qualified supervision of a

licensee.

     (c) Lactation counseling services provided through the Federal federal Special

Supplemental Nutrition Program for Women, Infants, and Children (WIC) program shall be

considered exempt from the requirements of this chapter.

     (d) Lactation counseling services provided through the state’s family home visiting

programs shall be considered exempt from the requirements of this chapter.

 

 

 

465)

Section

Amended By Chapter Numbers:

 

23-13.8-12

278 and 279

 

 

23-13.8-12. Promulgation of regulations.

     The director shall adopt, amend, promulgate, and enforce rules and regulations and

standards deemed necessary, not inconsistent with law, to carry out the purposes of this chapter.

 

466)

Section

Added By Chapter Numbers:

 

23-13.8-13

278 and 279

 

 

23-13.8-13. Grounds for refusal, revocation, or suspension.

     (a) Upon due notice and hearing in accordance with chapter 35 of title 42 ("administrative

procedures"), and the provisions of this chapter, any violation pursuant to the provisions of this

chapter, may be cause for denial, revocation, or suspension of license or for imposing a fine of not

more than one thousand dollars ($1,000).

     (b) Except as otherwise provided in this chapter, the inspection, enforcement, and penalties

for violations of this chapter or the rules and regulations of the department shall be in accordance

with the provisions and procedures set forth in §§ 23-1-19 through 23-1-25.

 

467)

Section

Added By Chapter Numbers:

 

23-13.8-14

278 and 279

 

 

23-13.8-14. Rules governing practices and procedures.

     All hearings and reviews required pursuant to the provisions of this chapter shall be held

in accordance with the provisions of this chapter and chapter 35 of title 42 ("administrative

procedures").

 

468)

Section

Amended By Chapter Numbers:

 

23-17-19.1

255 and 256

 

 

23-17-19.1. Rights of patients.

     Every healthcare facility licensed under this chapter shall observe the following standards

and any other standards that may be prescribed in rules and regulations promulgated by the

licensing agency with respect to each patient who utilizes the facility:

     (1) The patient shall be afforded considerate and respectful care.

     (2) Upon request, the patient shall be furnished with the name of the physician responsible

for coordinating his or her the patient’s care.

     (3) Upon request, the patient shall be furnished with the name of the physician or other

person responsible for conducting any specific test or other medical procedure performed by the

healthcare facility in connection with the patient’s treatment.

     (4) The patient shall have the right to refuse any treatment by the healthcare facility to the

extent permitted by law.

     (5) The patient’s right to privacy shall be respected to the extent consistent with providing

adequate medical care to the patient and with the efficient administration of the healthcare facility.

Nothing in this section shall be construed to preclude discreet discussion of a patient’s case or

examination by appropriate medical personnel.

     (6) The patient’s right to privacy and confidentiality shall extend to all records pertaining

to the patient’s treatment except as otherwise provided by law.

     (7) The healthcare facility shall respond in a reasonable manner to the request of a patient’s

physician, certified nurse practitioner, and/or a physician’s assistant for medical services to the

patient. The healthcare facility shall also respond in a reasonable manner to the patient’s request

for other services customarily rendered by the healthcare facility to the extent the services do not

require the approval of the patient’s physician, certified nurse practitioner, and/or a physician’s

assistant or are not inconsistent with the patient’s treatment.

     (8) Before transferring a patient to another facility, the healthcare facility must first inform

the patient of the need for, and alternatives to, a transfer.

     (9) Upon request, the patient shall be furnished with the identities of all other healthcare

and educational institutions that the healthcare facility has authorized to participate in the patient’s

treatment and the nature of the relationship between the institutions and the healthcare facility.

     (10)(i) Except as otherwise provided in this subparagraph, if the healthcare facility

proposes to use the patient in any human-subjects research, it shall first thoroughly inform the

patient of the proposal and offer the patient the right to refuse to participate in the project.

     (ii) No facility shall be required to inform prospectively the patient of the proposal and the

patient’s right to refuse to participate when: (A) The facility’s human-subjects research involves

the investigation of potentially lifesaving devices, medications, and/or treatments and the patient is

unable to grant consent due to a life-threatening situation and consent is not available from the

agent pursuant to chapter 4.10 of this title or the patient’s decision maker if an agent has not been

designated or an applicable advanced directive has not been executed by the patient; and (B) The

facility’s an institutional review board approves the human-subjects research pursuant to the patient

consent and/or de-identification requirements of 21 C.F.R. Pt. 50 and/or 45 C.F.R. Pt. 46 (relating

to the informed consent of human subjects). Any healthcare facility engaging in research pursuant

to the requirements of this paragraph (10)(ii) shall file a copy of the relevant research protocol with

the department of health, which filing shall be publicly available.

     (11) Upon request, the patient shall be allowed to examine and shall be given an

explanation of the bill rendered by the healthcare facility irrespective of the source of payment of

the bill.

     (12) Upon request, the patient shall be permitted to examine any pertinent healthcare

facility rules and regulations that specifically govern the patient’s treatment.

     (13) The patient shall not be denied appropriate care on the basis of age, sex, gender identity

or expression, sexual orientation, race, color, marital status, familial status, disability, religion,

national origin, source of income, source of payment, or profession.

     (14) Patients shall be provided with a summarized medical bill within thirty (30) days of

discharge from a healthcare facility. Upon request, the patient shall be furnished with an itemized

copy of his or her the patient’s bill. When patients are residents of state-operated institutions and

facilities, the provisions of this subsection shall not apply.

     (15) Upon request, the patient shall be allowed the use of a personal television set provided

that the television complies with underwriters’ laboratory standards and O.S.H.A. standards, and

so long as the television set is classified as a portable television.

     (16) No charge of any kind, including, but not limited to, copying, postage, retrieval, or

processing fees, shall be made for furnishing a health record or part of a health record to a patient,

his or her the patient’s attorney, or authorized representative if the record, or part of the record, is

necessary for the purpose of supporting an appeal under any provision of the Social Security Act,

42 U.S.C. § 301 et seq., and the request is accompanied by documentation of the appeal or a claim

under the provisions of the Workers’ Compensation Act, chapters 29 — 38 of title 28, or for any

patient who is a veteran and the medical record is necessary for any application for benefits of any

kind. A provider shall furnish a health record requested pursuant to this section by mail,

electronically, or otherwise, within thirty (30) days of the receipt of the request. For the purposes

of this section, “provider” shall include any out-of-state entity that handles medical records for in-

state providers. Further, for patients of school-based health centers, the director is authorized to

specify by regulation an alternative list of age appropriate rights commensurate with this section.

     (17) The patient shall have the right to have his or her pain assessed on a regular basis.

     (18) Notwithstanding any other provisions of this section, upon request, patients receiving

care through hospitals, nursing homes, assisted-living residences and home healthcare providers,

shall have the right to receive information concerning hospice care, including the benefits of

hospice care, the cost, and how to enroll in hospice care.

 

469)

Section

Amended By Chapter Numbers:

 

23-17-53

260 and 261

 

 

23-17-53. Physician contracts.

     (a) A hospital, by contract or otherwise, may not refuse or fail to grant or renew medical

staff membership or staff privileges, or condition or otherwise limit or restrict medical staff

membership or staff privileges, based in whole or in part on the fact that the physician or a partner,

associate, or employee of the physician is providing medical or healthcare services at a different

hospital, hospital system, or on behalf of a health plan. Notwithstanding the previous sentence, a

hospital may condition or otherwise limit or restrict staff privileges for reasons related to the

availability of limited resources as determined in advance by the hospital’s governing body. Nor

shall a hospital by contract, or otherwise, limit a physician’s participation or staff privileges or the

participation or staff privileges of a partner, associate, or employee of the physician at a different

hospital, hospital system, or health plan.

     (b) This section does not prevent a hospital from entering into contracts with physicians to

ensure physician availability and coverage at the hospital or to comply with regulatory requirements

or quality of care standards established by the governing body of the hospital, if contracts,

requirements or standards do not require that a physician join, participate in, or contract with a

physician-hospital organization or similar organization as a condition of the grant or continuation

of medical staff membership or staff privileges at the hospital.

     (c) This section does not prevent the governing body of a hospital from limiting the number

of physicians granted medical staff membership or privileges at the hospital based on a medical

staff development plan that is unrelated to a physician or a partner, associate, or employee of a

physician having medical staff membership or privileges at another hospital or hospital system.

     (d) A contract provision that violates this section shall be void and of no force and effect.

     (e) Hospitals shall allow patients of their medical staff to be evaluated and educated by the

various appropriate departments of the hospital upon referral by their treating physician, regardless

of the physician affiliation, as long as the physician has unrestricted privileges in their field of

practice.

     (f) A hospital may not take any adverse action, including, but not limited to, refusing or

failing to grant or renew medical staff membership or staff privileges, or condition or otherwise

limit or restrict medical staff membership or staff privileges, based on a result of an adverse action

against a healthcare provider’s license or clinical privileges or other disciplinary action by another

state or healthcare institution that resulted from the healthcare provider’s engagement in legally

protected healthcare activity, as defined in § 23-100101-2, or aiding and assisting with legally

protected healthcare activity, as defined § 23-100101-2, if the adverse action was based solely on

a violation of the other state's law prohibiting such legally protected healthcare activity and related

services, if that legally protected healthcare activity is consistent with the applicable professional

standard of care and/or did not violate Rhode Island law.

 

470)

Section

Added By Chapter Numbers:

 

23-17-67

419 and 420

 

 

23-17-67. Hospital determinations for Medicare and Medicaid for uninsured patients.

     (a) All hospitals shall screen each uninsured patient, upon the uninsured patient's

agreement, at the earliest reasonable moment for potential eligibility for both:

     (1) Public health insurance programs; and

     (2) Any financial assistance offered by the hospital.

     (b) All screening activities, including initial screenings and all follow-up assistance, shall

be provided in compliance with § 23-17-54.

     (c) If a patient declines or fails to respond to the screening described in subsection (a) of

this section, the hospital shall document in the patient's record the patient's decision to decline or

failure to respond to the screening, confirming the date and method by which the patient declined

or failed to respond.

     (d) If a patient does not decline the screening described in subsection (a) of this section, a

hospital shall screen an uninsured patient at the earliest reasonable moment.

     (e) If a patient does not submit to screening, financial assistance application, or reasonable

payment plan documentation within thirty (30) days after a request, the hospital shall document the

lack of received documentation, confirming the date that the screening took place and that the

thirty-(30)day (30) timeline for responding to the hospital's request has lapsed; provided, however,

that it may be reopened within ninety (90) days after the date of discharge, date of service, or

completion of the screening.

     (f) If the screening indicates that the patient may be eligible for a public health insurance

program, the hospital shall provide information to the patient about how the patient can apply for

the public health insurance program, including, but not limited to, referral to healthcare navigators

who provide free and unbiased eligibility and enrollment assistance, including healthcare

navigators at federally qualified health centers; local, state, or federal government agencies; or any

other resources that the state recognizes as designed to assist uninsured individuals in obtaining

health coverage.

     (g) If the uninsured patient's application for a public health insurance program is approved,

the hospital shall bill the insuring entity and shall not pursue the patient for any aspect of the bill,

except for any required copayment, coinsurance, or other similar payment for which the patient is

responsible under the insurance. If the uninsured patient's application for public health insurance is

denied, the hospital shall again offer to screen the uninsured patient for hospital financial assistance,

and the timeline for applying for financial assistance under this section shall begin again.

     (h) A hospital shall offer to screen an insured patient for hospital financial assistance under

this section if the patient requests financial assistance screening,; if the hospital is contacted in

response to a bill,; if the hospital learns information that suggests an inability to pay,; or if the

circumstances otherwise suggest the patient's inability to pay.

     (i)(1) Each hospital shall post a sign with the following notice: "You may be eligible for

financial assistance under the terms and conditions the hospital offers to qualified patients. For

more information contact [hospital financial assistance representative]".

     (2) The sign under subsection (i)(1) of this subsectionsection shall be posted, either by

physical or electronic means, in accordance with § 23-17-54.

      (3) Each hospital that has a website shall post a notice in a prominent place on its website

that financial assistance is available at the hospital, a description of the financial assistance

application process, and a copy of the financial assistance application.

     (4) Within one hundred eighty (180) days after the effective date of this section, each

hospital shall make available information regarding financial assistance from the hospital in the

form of either a brochure, an application for financial assistance, or other written or electronic

material in the emergency room, hospital admission, and registration area.

     (j)(1) The executive office of health and human services is responsible for administering

and ensuring compliance with this section, including the development of any rules and regulations

necessary for the implementation and enforcement of this section.

     (2) The executive office of health and human services shall develop and implement a

process for receiving and handling complaints from individuals or hospitals regarding possible

violations of this section.

     (3) The attorney general may conduct any investigation deemed necessary regarding

possible violations of this section by any hospital including, without limitation, the issuance of

subpoenas to:

     (i) Require the hospital to file a statement or report or answer interrogatories in writing as

to all information relevant to the alleged violations;

     (ii) Examine under oath any person who possesses knowledge or information directly

related to the alleged violations; and

     (iii) Examine any record, book, document, account, or paper necessary to investigate the

alleged violation.

     (4) If the attorney general determines that there is a reason to believe that any hospital has

violated this section, the attorney general may bring an action against the hospital to obtain

temporary, preliminary, or permanent injunctive relief for any act, policy, or practice by the hospital

that violates this section. Before bringing such an action, the attorney general may permit the

hospital to submit a correction plan for the attorney general's approval.

     SECTION 2. Joint Resolution. – AUTHORIZING THE SECRETARY OF THE

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES TO DEVELOP A PILOT PLAN

FOR ESTABLISHING AN ACUTE HOSPITAL CARE AT HOME PROGRAM

     WHEREAS, During the COVID-19 pandemic, federal and state governments issued

waiver flexibilities that allowed hospitals to provide advanced level services to patients at home

under certain circumstances; and

     WHEREAS, The waiver flexibility is built on the success of previous acute care at home

models that have been tested over decades, showing that advanced care at home can be a safe,

effective way to provide care to patients that is associated with lower costs and better patient

outcome and satisfaction compared with inpatient hospitalization; and

     WHEREAS, As part of the omnibus spending bill that became law December 29, 2022,

the Centers for Medicare and Medicaid services extended, through December 31, 2024, the acute

hospital care at home initiative whereby individual hospitals may seek waivers to operate acute

care at home programs; and

     WHEREAS, The hospital at home model is an important component of the shift away from

institutionalized care and has been successful in allowing patients with particular conditions to

remain in their homes and avoid risks associated with inpatient admission and care.

     NOW THEREFORE BE IT RESOLVED,

     l. Notwithstanding any provision of law to the contrary, the Executive Office of Health and

Human Services executive office of health and human services shall establish a pilot program to

permit a hospital to provide acute care services to a covered person outside of the hospital's licensed

facility and within a private residence designated by the covered person. The pilot program shall

be established in a manner that is consistent with the provisions of the Acute Hospital Care at Home

Program, as authorized by the federal Centers for Medicare and Medicaid Services.

     2. Any hospital previously in receipt of a waiver to operate, or otherwise approved to

participate in the Centers for Medicare and Medicaid Services' Acute Hospital Care at Home

Program prior to the effective date of this resolution, shall be permitted to operate or to continue to

operate the program in the same manner as previously permitted under federal law, and shall be

integrated into the pilot program established pursuant to this resolution.

     3. The Medicaid program shall provide coverage and payment for acute hospital care

services delivered to a covered person through the program established pursuant to this resolution,

on the same basis as when services are delivered within the facilities of a hospital. Reimbursement

payments under this section shall be provided to the hospital, facility, or organization providing the

services or the individual practitioner who delivered the reimbursable services, or to the agency,

facility, or organization that employs or contracts with the individual practitioner who delivered

the reimbursable services, as appropriate, for a period of ninety (90) days following the expiration

of the program, at a rate no higher than current reimbursement rates to ensure the pilot program is

budget neutral.

     4. The pilot program shall be limited to any person participating in the program at the time

of the expiration of the program and shall continue for not more than ninety (90) days, provided

that the person is eligible for Medicaid. The pilot program shall not utilize more stringent utilization

management criteria than apply when those services are provided within the facilities of a hospital.

     5. The Secretary secretary of the Executive Office of Health and Human Services

executive office of health and human services shall apply for any Statestate plan amendments or

waivers as may be necessary to implement the provisions of this resolution and to secure federal

financial participation for Statestate Medicaid expenditures under the federal Medicaid program.

     6. The Secretary secretary of the Executive Office of Health and Human Services

executive office of health and human services shall adopt rules and regulations, in accordance

with the "Administrative Procedure Act," if necessary to effectuate the provisions of this resolution.

     7. The Secretary secretary of the Executive Office of Health and Human Services

executive office of health and human services may waive any state rules or regulations if

necessary to implement the provisions of this resolution.

     AND BE IT FURTHER RESOLVED, The pilot program shall become ineffective upon

the expiration of the federal program, and The Secretary secretary of the Executive Office of

Health and Human Services executive office of health and human services shall provide a report

to the Governor governor and the General Assembly general assembly regarding the cost of the

pilot program.

 

471)

Section

Added By Chapter Numbers:

 

23-17.29

130 and 131

 

 

CHAPTER 17.29

ELECTRONIC MONITORING IN NURSING AND ASSISTED LIVING FACILITIES

 

472)

Section

Added By Chapter Numbers:

 

23-17.29-1

130 and 131

 

 

23-17.29-1. Definitions.

     As used in this chapter:

     (1) "Affirmative objection" means any verbal or written statement or statements, or made

through the use of auxiliary aids or services, or any visual cue, that indicates that a resident is

opposed to electronic monitoring within their room, except if the resident has been determined to

lack the requisite capacity to make their own healthcare decisions.

     (2) “Authorized electronic monitoring” means the placement and use of an electronic

monitoring device by a resident in the residents resident’s room or private living unit in accordance

with this chapter.

     (3) “Department” means the Rhode Island department of health.

     (4) “Director” means the director of the Rhode Island department of health.

     (5) “Electronic monitoring device” means any photo, video, and/or audio surveillance

equipment with a fixed position, that broadcasts or records activities or sounds occurring in the

room or private living unit within which it is installed.

     (6) “Facility” means an entity that is:

     (i) Licensed as a healthcare facility under chapter 17 of this title 23 and the regulations for

Licensing of Nursing Facilities (216-RICR-40-10-1, or superseding regulations); or

     (ii) Licensed as an assisted living residence under chapter 17.4 of this title 23 and the

regulations for Licensing Assisted Living ResidenceResidences (216-RICR-40-10-2, or

superseding regulations).

     (7) “Resident” means a person residing in a facility as defined in subsection (6) of this

section.

     (8) “Resident representative” means one of the following, in order of priority:

     (i) A healthcare agent or agent acting pursuant to a durable power of attorney, as executed

pursuant to chapter 4.10 of this title 23;

     (ii) A court-appointed guardian;

     (iii) A resident’s spouse; or

     (iv) A resident’s parent.

 

473)

Section

Added By Chapter Numbers:

 

23-17.29-2

130 and 131

 

 

23-17.29-2. Authorization of electronic monitoring.

     (a) A resident or their representative shall be permitted to conduct authorized electronic

monitoring of the resident’s room or private living unit through the use of electronic monitoring

devices placed in the resident’s room or private living unit as provided in this chapter.

     (b) Nothing in this chapter precludes the use of electronic monitoring of healthcare health

care as authorized pursuant to state or federal law.

 

474)

Section

Added By Chapter Numbers:

 

23-17.29-3

130 and 131

 

 

23-17.29-3. Consent to electronic monitoring.

     (a) Except as otherwise provided in this section, a resident or their representative shall

consent to electronic monitoring in the resident’s room or private living unit in writing, on a

notification and consent form prescribed by the department. If the resident has not affirmatively

objected to electronic monitoring and the resident’s healthcare provider determines that the resident

lacks the ability to understand and appreciate the nature and consequences of electronic monitoring,

the resident’s representative may consent on behalf of the resident.

     (b) Prior to a resident representative consenting on behalf of a resident, the resident

representative shall inquire if the resident consents to electronic monitoring to be conducted. The

resident representative shall explain to the resident:

     (1) The type of electronic monitoring device to be used;

     (2) The standard conditions that may be placed on the electronic monitoring device’s use,

including those set forth in § 23-17.29-6;

     (3) With whom the recording may be shared pursuant to §§ 23-17.29-10 and 23-17.29-11;

and

     (4) The resident’s ability to decline any or all recording.

     (c) A resident or resident representative, when consenting on behalf of the resident, may

consent to electronic monitoring with any conditions of the resident's or resident representative's

choosing, including the list of standard conditions provided in § 23-17.29-6. A resident, or resident

representative when consenting on behalf of the resident, may request that the electronic monitoring

device be turned off or the visual or audio recording component of the electronic monitoring device

be blocked at any time.

     (d) Prior to implementing electronic monitoring, a resident, or resident representative when

acting on behalf of the resident, shall obtain the written consent on the notification and consent

form of any other resident residing in the shared room or shared private living unit. A roommate's

or roommate's resident representative's written consent shall comply with the requirements of

subsections (a) through (c) of this section. Consent by a roommate or a roommate's resident

representative under this section authorizes the resident's use of any recording obtained under this

chapter, as provided under §§ 23-17.29-10 and 23-17.29-11.

     (e) Any resident conducting electronic monitoring shall immediately remove or disable an

electronic monitoring device prior to a new roommate moving into a shared room or shared private

living unit, unless the resident obtains the roommate's or roommate's resident representative's

written consent as provided under subsection (d) of this section prior to the roommate moving into

the shared room or shared private living unit. Upon obtaining the new roommate's signed

notification and consent form and submitting the form to the facility pursuant to § 23-17.29-5, the

resident may resume electronic monitoring.

     (f) The resident or roommate, or the resident representative of the resident or roommate, if

the representative is consenting on behalf of the resident or roommate, may withdraw consent at

any time and the withdrawal of consent shall be documented on the original consent form as

provided under § 23-17.29-5(d).

 

475)

Section

Added By Chapter Numbers:

 

23-17.29-4

130 and 131

 

 

23-17.29-4. Refusal of roommate to consent.

     If a resident of a facility who is residing in a shared room or shared living unit, or the

resident representative of such a resident when acting on behalf of the resident, wants to conduct

electronic monitoring and another resident living in or moving into the same shared room or shared

living unit refuses to consent to the use of an electronic monitoring device, the facility shall make

a reasonable attempt to accommodate the resident who wants to conduct electronic monitoring. A

facility has met the requirement to make a reasonable attempt to accommodate a resident or resident

representative who wants to conduct electronic monitoring when, upon notification that a roommate

has not consented to the use of an electronic monitoring device in the resident's room, the facility

offers to move the resident to another shared room or shared living unit that is available at the time

of the request. If a resident chooses to reside in a private room or private living unit in a facility in

order to accommodate the use of an electronic monitoring device, the resident shall pay either the

private room rate in a nursing home setting, or the applicable rent in a housing with services

establishment or assisted living facility. If a facility is unable to accommodate a resident due to

lack of space, the facility shall reevaluate the request every two (2) weeks until the request is

fulfilled. A facility is not required to provide a private room, a single-bed room, or a private living

unit to a resident who is unable or unwilling to pay.

 

476)

Section

Added By Chapter Numbers:

 

23-17.29-5

130 and 131

 

 

23-17.29-5. Notice to facility.

     (a) Authorized electronic monitoring may begin only after the resident or resident

representative who intends to place an electronic monitoring device and any roommate or

roommate's resident representative completes the notification and consent form and submits the

form to the facility.

     (b) Upon receipt of any completed notification and consent form, the facility shall place

the original form in the resident's file or file the original form with the resident's housing with

services contract. The facility shall provide a copy to the resident and the resident's roommate, if

applicable.

     (c) If a resident is conducting electronic monitoring according to subsection (b) of this

section and a new roommate moves into the room or living unit, the resident or resident

representative shall submit the signed notification and consent form to the facility. In the event that

a resident or roommate, or the resident representative or roommate's resident representative if the

representative is consenting on behalf of the resident or roommate, chooses to alter the conditions

under which consent to electronic monitoring is given or chooses to withdraw consent to electronic

monitoring, the facility shall make available the original notification and consent form so that it

may be updated. Upon receipt of the updated form, the facility shall place the updated form in the

resident's file or file the original form with the resident's housing with services contract. The facility

shall provide a copy of the updated form to the resident and the resident's roommate, if applicable.

     (d) If a new roommate, or the new roommate's resident representative when consenting on

behalf of the new roommate, does not submit to the facility a completed notification and consent

form and the resident conducting the electronic monitoring does not remove or disable the

electronic monitoring device, the facility shall remove the electronic monitoring device.

     (e) If a roommate, or the roommate's resident representative when withdrawing consent on

behalf of the roommate, submits an updated notification and consent form withdrawing consent

and the resident conducting electronic monitoring does not remove or disable the electronic

monitoring device, the facility shall remove the electronic monitoring device.

 

477)

Section

Added By Chapter Numbers:

 

23-17.29-6

130 and 131

 

 

23-17.29-6. Notification and consent form requirements.

     (a) The notification and consent form completed by the resident shall include, at a

minimum, the following information:

     (1) The resident's signed consent to electronic monitoring or the signature of the resident

representative, if applicable. If a person other than the resident signs the consent form, the form

shall document the following:

     (i) The date the resident was asked if the resident wants electronic monitoring to be

conducted;

     (ii) Who was present when the resident was asked;

     (iii) An acknowledgment that the resident did not affirmatively object; and

     (iv) The source of authority allowing the resident representative to sign the notification and

consent form on the resident's behalf.;

     (2) The resident's roommate's signed consent or the signature of the roommate's resident

representative, if applicable. If a roommate's resident representative signs the consent form, the

form shall document the following:

     (i) The date the roommate was asked if the roommate wants electronic monitoring to be

conducted;

     (ii) Who was present when the roommate was asked;

     (iii) An acknowledgment that the roommate did not affirmatively object; and

     (iv) The source of authority allowing the resident representative to sign the notification and

consent form on the roommate's behalf;

     (3) The type of electronic monitoring device to be used;

     (4) Any installation needs, such as the mounting of a device to a wall or ceiling;

     (5) A list of standard conditions or restrictions that the resident or a roommate may elect

to place on the use of the electronic monitoring device, including, but not limited to:

     (i) Prohibiting audio recording;

     (ii) Prohibiting video recording;

     (iii) Prohibiting broadcasting of audio or video;

     (iv) Turning off the electronic monitoring device or blocking the visual recording

component of the electronic monitoring device for the duration of an exam or procedure by a

healthcare professional;

     (v) Turning off the electronic monitoring device or blocking the visual recording

component of the electronic monitoring device while dressing or bathing is performed; and

     (vi) Turning off the electronic monitoring device for the duration of a visit with a spiritual

adviser, ombudsman, attorney, financial planner, intimate partner, or other visitor;

     (6) Any other condition or restriction elected by the resident or roommate on the use of an

electronic monitoring device;

     (7) A statement of the circumstances under which a recording may be disseminated under

§ 23-17.29-10; and

     (8) A signature box for documenting that the resident or roommate has withdrawn consent.

     (b) Facilities must make the notification and consent form available to the residents and

inform residents of their option to conduct electronic monitoring of their rooms or private living

unit.

     (c) The department shall prescribe the notification and consent form required in this chapter

no later than sixty (60) days after the effective date. If the department has not prescribed such a

form by that date, a resident may use a form that substantially complies with this chapter until such

time as a prescribed form is available. Nothing in this section shall be construed to invalidate a

notification and consent form that was used prior to the department disseminating a prescribed form

solely due to it not being the form proscribed by the department.

 

478)

Section

Added By Chapter Numbers:

 

23-17.29-7

130 and 131

 

 

23-17.29-7. Costs and installation.

     (a) A resident or resident representative choosing to conduct electronic monitoring shall do

so at the resident's own expense, including the purchase, installation, maintenance, and removal

costs.

     (b) Any device used by a resident to conduct authorized electronic monitoring shall meet

the following minimum functional requirements:

     (1) Include timestamping of all video recordings; and

     (2) If movement tracking is a default setting, that the device must be able to switch off this

function.

     (c) If a resident chooses to place an electronic monitoring device that uses Internet

technology for visual or audio monitoring, the resident shall be responsible for contracting with an

Internet service provider.

     (d) All electronic monitoring device installations and supporting services shall be UL-

listed.

     (e) The electronic monitoring device must be placed in a conspicuously visible location in

the room.

     (f) A facility shall not charge the resident a fee for the cost of electricity used by an

electronic monitoring device.

 

479)

Section

Added By Chapter Numbers:

 

23-17.29-8

130 and 131

 

 

23-17.29-8. Notice to visitors.

     (a) If a resident conducts authorized electronic monitoring, a sign shall be clearly and

conspicuously posted at each facility entrance accessible to visitors. The notice must state the

following in large, easy-to-read type, "The rooms of some residents may be monitored

electronically by or on behalf of the residents.”

     (b) A sign shall also be clearly and conspicuously posted at the entrance to a resident’s

room where authorized electronic monitoring is being conducted. The notice must state the

following in large, easy-to-read type: “This room is electronically monitored.”

     (c) The facility is responsible for installing and maintaining the signage required pursuant

to this section.

 

 

 

 

 

480)

Section

Added By Chapter Numbers:

 

23-17.29-9

130 and 131

 

 

23-17.29-9. Obstruction of electronic monitoring devices.

     (a) A person shall not knowingly hamper, obstruct, tamper with, or destroy an electronic

monitoring device placed in a resident's room or private living unit without the permission of the

resident or resident representative. Checking the electronic monitoring device by facility staff for

the make and model number does not constitute tampering under this section.

     (b) It is not a violation of subsection (a) of this section if a person turns off the electronic

monitoring device or blocks the visual recording component of the electronic monitoring device at

the direction of the resident or resident representative, or if consent has been withdrawn.

     (c) A person shall not knowingly hamper, obstruct, tamper with, or destroy a video or audio

recording obtained in accordance with this chapter without the permission of the resident or the

resident's representative who consented to monitoring on behalf of the resident.

 

481)

Section

Added By Chapter Numbers:

 

23-17.29-10

130 and 131

 

 

23-17.29-10. Dissemination of recordings.

     (a) Any recording obtained as the result of authorized electronic monitoring shall be

considered the personal property of the resident who installed the electronic monitoring device.

     (b) No person, facility, or facility representative may access any video or audio recording

created through authorized electronic monitoring without the written consent of the resident or

resident representative.

     (c) Except as prohibited by any other state or federal law, a recording or copy of a recording

made as provided in this chapter may only be disseminated for the purpose of addressing health,

safety, or welfare concerns of one or more residents.

     (d) The resident or resident's representative who consented to monitoring on behalf of a

resident shall provide a copy of any video or audio recording to parties involved in a civil, criminal,

or administrative proceeding upon request of a party to said proceeding if the video or audio

recording was made during the time period that the conduct at issue in the proceeding allegedly

occurred.

 

482)

Section

Added By Chapter Numbers:

 

23-17.29-11

130 and 131

 

 

23-17.29-11. Admissibility of evidence.

     Subject to applicable rules of evidence and procedure, any video or audio recording created

through electronic monitoring under this chapter may be admitted into evidence in any civil,

criminal, or administrative proceeding if the contents of the recording have not been edited or

artificially enhanced and the video recording includes the date and time the events occurred.

 

 

 

 

 

483)

Section

Added By Chapter Numbers:

 

23-17.29-12

130 and 131

 

 

23-17.29-12. Liability.

     (a) The mere presence of an electronic monitoring device in a resident's room or private

living unit is not a violation of the resident's right to privacy under § 23-17.5-14.

     (b) A facility or home care provider is not civilly or criminally liable for the inadvertent or

unintentional disclosure of a recording by a resident or a resident representative for any purpose

not authorized by this chapter.

 

484)

Section

Added By Chapter Numbers:

 

23-17.29-13

130 and 131

 

 

23-17.29-13. Resident protections.

     (a) A facility shall not:

     (1) Refuse to admit a potential resident or remove a resident because the facility disagrees

with the decision of the potential resident, the resident, or a resident representative acting on behalf

of the resident regarding electronic monitoring; or

     (2) Retaliate or discriminate against any resident for consenting or refusing to consent to

electronic monitoring.

     (b) Any contractual provision prohibiting, limiting, or otherwise modifying the rights and

obligations in this chapter is contrary to public policy and is void and unenforceable.

 

485)

Section

Added By Chapter Numbers:

 

23-17.29-14

130 and 131

 

 

23-17.29-14. Employee discipline.

     (a) An employee of the facility or an employee of a contractor providing services at the

facility, including an arranged home care, who is the subject of proposed disciplinary action based

upon evidence obtained by electronic monitoring, shall be given access to that evidence for

purposes of defending against the proposed action.

     (b) An employee who obtains a recording or a copy of the recording shall treat the recording

or copy confidentially and must not further disseminate it to any other person except as required

pursuant to applicable law. Any copy of the recording shall be returned to the facility or resident

who provided the copy when it is no longer needed for purposes of defending against a proposed

action.

 

486)

Section

Added By Chapter Numbers:

 

23-17.29-15

130 and 131

 

 

23-17.29-15. Penalties.

     (a) The director may issue a statement of deficiency, upon a finding that the facility has

failed to comply with any provisions of this chapter.

     (b) For each violation of this chapter, any licensed facility shall be guilty of a misdemeanor

for each violation punishable by a fine of not more than five hundred dollars ($500).

     (c) Any person convicted of a violation pursuant to § 23-17.29-10, shall be guilty of a

misdemeanor for each violation punishment by a fine of not more than five hundred dollars ($500),

or shall be imprisoned not more than six (6) months, or both.

 

487)

Section

Added By Chapter Numbers:

 

23-17.29-16

130 and 131

 

 

23-17.29-16. Rules and regulations.

     The department shall adopt rules necessary to administer and enforce any section of this

chapter. Rulemaking shall not delay the full implementation of this chapter.

 

488)

Section

Amended By Chapter Numbers:

 

23-18.13-3

120 and 121

 

 

23-18.13-3. Definitions.

     (1) “Department” means the department of environmental management.

     (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.

     (3) “Distributor” means any person, firm, or corporation who or that takes title to goods

purchased for resale.

     (4) “Food packaging” means any package or packaging component that is applied to or in

direct contact with any food or beverage.

     (5) “Incidental presence” means the presence of a regulated metal as an unintended or

undesired ingredient of a package or packaging component.

     (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.

     (ii) The On or after July 1, 2027, the use of a regulated chemical as a processing agent,

mold release agent, or intermediate is shall be considered intentional introduction for the purposes

of this chapter where the regulated chemical is detected in the final package or packaging

component.

     (iii) [Expires July 1, 2027.] 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

subsection (6)(iii) of this section shall sunset on July 1, 2027).

     (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.

     (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 chapter where the final package

or packaging component is in compliance with § 23-18.13-4(c).

     (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).

     (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).

     (9) “Manufacturing” means physical or chemical modification of a material(s) to produce

packaging or packaging components.

     (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.

     (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.

     (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.

     (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.

     (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.

 

489)

Section

Amended By Chapter Numbers:

 

23-18.13-4

120 and 121

 

 

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 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 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 July 31, 2024 January 1, 2025, 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.

 

490)

Section

Added By Chapter Numbers:

 

23-18.8

344 and 345

 

 

CHAPTER 18.18

CONSUMER PFAS BAN ACT OF 2024

 

491)

Section

Added By Chapter Numbers:

 

23-18.8-1

344 and 345

 

 

23-18.18-1. Short title.

     This chapter shall be known and may be cited as the "Consumer PFAS Ban Act of 2024".

 

492)

Section

Added By Chapter Numbers:

 

23-18.8-2

344 and 345

 

 

23-18.18-2. Legislative intent.

     It is the intent of the general assembly to ban uses of PFAS in covered products by January

1, 2029, unless the use of PFAS in the covered product is considered unavoidable.

 

493)

Section

Added By Chapter Numbers:

 

23-18.8-3

344 and 345

 

 

23-18.18-3. Definitions.

     As used in this chapter:

     (1) "Adult mattress" means a mattress other than a crib mattress or toddler mattress.

     (2) "Apparel" means any of the following:

     (i) Clothing items intended for regular wear or formal occasions, including, but not limited

to,: undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear,

suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms,

everyday swimwear, formal wear, onesies, bibs, diapers, footwear, and everyday uniforms for

workwear. Clothing items intended for regular wear or formal occasions does not include personal

protective equipment or clothing items for exclusive use by the United States military; and

     (ii) Outdoor apparel.

      (3) "Artificial turf" means a man-made material which that simulates the appearance of

live turf, organic turf, grass, sod, or lawn.

      (4) "Carpet" or "rug" means a consumer product made from natural or synthetic fabric

intended for use as a floor covering inside commercial or residential buildings. "Carpet or rug" does

not include:

     (i) A carpet or rug intended solely for outdoor use;

     (ii) A carpet or rug intended solely for use inside an aircraft, train, watercraft, automobile,

light duty truck, van, bus, or any other vehicle and any aftermarket or replacement part marketed

solely for use in a vehicle;

     (iii) A resilient floor covering;

     (iv) Artificial turf;

     (v) A wall hanging or covering;

     (vi) A table mat; or

     (vvii) A camping sleeping mat.

     (5) "Cookware" means durable cookware items that are used in homes and restaurants to

prepare, dispense, or store food, foodstuffs, or beverages. "Cookware" includes pots, pans, skillets,

grills, baking sheets, baking molds, trays, bowls, and cooking utensils.

     (6) "Cosmetic" means:

     (i) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or

otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting

attractiveness, or altering the appearance; and

     (ii) Articles intended for use as a component of any such article; except that such term shall

not include soap.

     (7) "Covered product" means the following:

     (i) Artificial turf;

     (ii) Carpets or rugs;

     (iii) Cookware;

     (iv) Cosmetics;

     (v) Fabric treatments;

     (vi) Juvenile products;

     (vii) Menstrual products;

     (viii) Ski wax;

     (ix) Textile articles.

     (8) "Department" means the department of environmental management.

     (9) "Director" means the director of the department of environmental management.

     (10) "Fabric treatment" means a substance applied to fabric to give the fabric one or more

characteristics, including, but not limited to, stain resistance or water resistance.

     (11) "Ingredient" has the same meaning as defined in 21 C.F.R. Part 700 § 700.3(e) and

does not include any incidental ingredient as defined in 21 C.F.R. Part 701 § 701.3.

     (12) "Intentionally added PFAS" means PFAS added to a covered product or one of its

product components to provide a specific characteristic, appearance, or quality or to perform a

specific function. "Intentionally added PFAS" also includes any degradation byproducts of PFAS

or PFAS that are intentional breakdown products of an added chemical. The use of PFAS as a

processing agent, mold release agent, or intermediate is considered intentional introduction for the

purposes of this chapter where PFAS is detected in the final covered product.

     (13) "Juvenile product" means a product designed for use by infants and children under

twelve (12) years of age, including, but not limited to,: a baby or toddler foam pillow, bassinet,

bedside sleeper, booster seat, changing pad, child restraint system for use in motor vehicles and

aircraft, co-sleeper, crib mattress, floor playmat, highchair, highchair pad, infant bouncer, infant

carrier, infant seat, infant sleep positioner, infant swing, infant travel bed, infant walker, nap cot,

nursing pad, nursing pillow, playmat, playpen, play yard, polyurethane foam mat, pad, or pillow,

portable foam nap mat, portable infant sleeper, portable hook-on chair, soft-sided portable crib,

stroller, and toddler mattress. "Juvenile product" shall not include any of the following:

     (i) A children's electronic product, including, but not limited to,: a personal computer,

audio and video equipment, calculator, wireless phone, game console, handheld device

incorporating a video screen, or any associated peripheral such as a mouse, keyboard, power supply

unit, power cord, film, camera, audio, visual, or imaging equipment or sensors;

     (ii) A medical device;

     (iii) An adult mattress; or

     (iv) Children's electronic products containing integrated circuits, semiconductor package,

or device that contains a semiconductor chip.

     (14) "Manufacturer" means the person that manufactures a product or whose brand name

is affixed to the product. In the case of a product imported into the United States, "manufacturer"

includes the importer or first domestic distributor of the product if the person that manufactured or

assembled the product or whose brand name is affixed to the product does not have a presence in

the United States.

     (15) "Medical device" has the same meaning as the term "device" as defined in 21 United

States Code U.S.C. § 321(h).

     (16) "Menstrual product" means a product used to collect menstruation and vaginal

discharge, including, but not limited to,: tampons, pads, sponges, menstruation underwear, disks,

applicators, and menstrual cups, whether disposable or reusable.

     (17) "Outdoor apparel" means clothing items intended primarily for outdoor activities,

including, but not limited to,: hiking, camping, skiing, climbing, bicycling, and fishing.

     (18) "Outdoor apparel for severe wet conditions" means apparel that are extreme and

extended use products designed for outdoor sports experts for applications that provide protection

against extended exposure to extreme rain conditions or against extended immersion in water or

wet conditions, such as from snow, in order to protect the health and safety of the user and that are

not marketed for general consumer use. Examples of extreme and extended use products include

outerwear for offshore fishing, offshore sailing, whitewater kayaking, and mountaineering.

     (19) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that

include any member of the class of fluorinated organic chemicals containing at least one fully

fluorinated carbon atom.

     (20) "Personal protective equipment" means equipment worn to minimize exposure to

hazards that cause serious workplace injuries and illnesses that may result from contact with

chemical, radiological, physical, biological, electrical, mechanical, or other workplace or

professional hazards.

     (21) "Product" means an item manufactured, assembled, packaged, or otherwise prepared

for sale to consumers, including its product components, sold or distributed for personal or

residential use, including for use in making other products. "Product" does not mean used products

offered for sale or resale.

     (22) "Product component" means an identifiable component of a product, regardless of

whether the manufacturer of the product is the manufacturer of the component.

     (23) "Ski wax" means a lubricant applied to the bottom of snow runners, including, but not

limited to: skis and snowboards to improve their grip or glide properties. "Ski wax" includes related

tuning products.

     (24) "Textile" means any item made in whole or part from a natural, manmade, or synthetic

fiber, yarn, or fabric, and includes, but is not limited to,: leather, cotton, silk, jute, hemp, wool,

viscose, nylon, or polyester. "Textile" does not include single-use paper hygiene products,

including, but not limited to,: toilet paper, paper towels or tissues, or single-use absorbent hygiene

products.

     (25) "Textile articles" means textile goods of a type customarily and ordinarily used in

households and businesses, and include, but are not limited to,: apparel, accessories, handbags,

backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels, napkins, and

tablecloths. "Textile articles" does not include:

     (i) A carpet or rug;

     (ii) A treatment for use on covered textiles or leathers;

     (iii) A textile used in or designed for laboratory analysis and testing;

     (iv) A stadium shade or other architectural fabric structure; or

     (v) Filtration or separation media processing equipment and plumbing, or a filter product

used in industrial applications, including but not limited to, chemical or pharmaceutical

manufacturing and environmental control technologies.

 

 

 

 

494)

Section

Added By Chapter Numbers:

 

23-18.8-4

344 and 345

 

 

23-18.18-4. Prohibition on use of PFAS.

     (a) Except as provided otherwise in this section, on and after January 1, 2027, no person

shall manufacture, sell, offer for sale, or distribute for sale in the state any covered product that

contains intentionally added perfluoroalkyl and polyfluoroalkyl substances or PFAS.

     (b) Except as provided otherwise in this section, on and after January 1, 2029, no person

shall manufacture, sell, offer for sale, or distribute for sale in the state:

     (1) Artificial turf containing intentionally added PFAS; or

     (2) Outdoor apparel for severe wet conditions containing intentionally added PFAS, unless

it is accompanied by a legible, easily discernable disclosure that includes the following statement:

"Made with PFAS chemicals."

     (c) If the department has reason to believe that a covered product contains intentionally

added PFAS and the covered product is being offered for sale in the state, the director may direct

the manufacturer of the product to, within thirty (30) days:

     (1) Provide the director a certificate attesting that the covered product does not contain

intentionally added PFAS; or

     (2) Notify persons who sell, offer for sale, or distribute for sale a covered product

prohibited under subsection (a) of this section, that the sale of that covered product is prohibited in

this state and provide the director with a list of the names and addresses of those notified.

     (d) The director may notify persons who sell or offer for sale a product prohibited under

subsection (a) of this section, that the sale of that product is prohibited in this state.

     (e) This section shall not apply to the sale or resale of used products.

     (f) Notwithstanding any provision of this section, if a cosmetic product made through

manufacturing processes intended to comply with this section contains an unavoidable trace

quantity of PFAS that is attributable to impurities of natural or synthetic ingredients, the

manufacturing process, storage or migration from packaging, or other such unintentional and

unavoidable origin, such unavoidable trace quantity shall not cause the cosmetic product to be in

violation of this section.

 

495)

Section

Added By Chapter Numbers:

 

23-18.8-5

344 and 345

 

 

23-18.18-5. Ban in firefighting foam.

     (a) For the purposes of this section, the following terms shall have the following meanings:

     (1) "Class B firefighting foam" means foams designed for flammable liquid fires.

     (2) "Firefighting personal protective equipment" means any clothing designed, intended,

or marketed to be worn by firefighting personnel in the performance of their duties, designed with

the intent for the use in fire and rescue activities, including jackets, pants, shoes, gloves, helmets,

and respiratory equipment.

     (3) "Local government" means any county, city, town, fire district, regional fire protection

authority, or other special purpose district that provides firefighting services.

     (4) "Terminal" means an establishment primarily engaged in the wholesale distribution of

crude petroleum and petroleum products, including liquefied petroleum gas from bulk liquid

storage facilities.

     (b) Beginning January 1, 2025, a person, local government, or state agency may not

discharge or otherwise use for training purposes class B firefighting foam that contains intentionally

added PFAS chemicals.

     (c) Beginning January 1, 2025, a manufacturer of class B firefighting foam may not

manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use or use in this

state class B firefighting foam to which PFAS have been intentionally added.

     (d) The restrictions in subsections (b) and (c) of this section do not apply to any

manufacture, sale, or distribution of class B firefighting foam where the inclusion of PFAS

chemicals are required by federal law, including, but not limited to, the requirements of 14 C.F.R.

139.317, as that section existed as of January 1, 2022. In the event that applicable federal

regulations change after January 1, 2022, to allow the use of alternative firefighting agents that do

not contain PFAS chemicals, the restrictions set forth in subsection (b) of this section shall apply.

     (1) A person that uses class B firefighting foam containing PFAS chemicals pursuant to

subsection (d) of this section shall report the use of the foam to the state fire marshal within five

(5) business days of the use, including the identity of the foam, the quantity used, the total PFAS

concentration, the application for which the foam was used, and the duration of the fire.

     (2) A person that uses class B firefighting foam containing PFAS chemicals pursuant to

subsection (d) of this section shall do all of the following:

     (i) Allow no release directly to the environment, such as to unsealed ground, soakage pits,

waterways, or uncontrolled drains;

     (ii) Fully contain all releases onsite;

     (iii) Implement containment measures such as bunds and ponds that are controlled,

impervious to PFAS, and do not allow firewater, wastewater, runoff, and other wastes to be released

to the environment, such as to soils, groundwater, waterways, or stormwater;

     (iv) Dispose of all firewater, wastewater, runoff, and other wastes in a way that prevents

releases to the environment;

     (v) If there is a release to the environment, report the identity of the foam, the quantity

used, the total PFAS concentration, and the form of any waste that contains PFAS chemicals that

is released into the environment to the state fire marshal within five (5) business days of the release;

and

     (vi) Document the measures undertaken pursuant to this subsection. In investigating

compliance with this subsection, the attorney general, a city attorney, or a city or town solicitor

may request the documentation.

     (e) A person operating a terminal after January 1, 2025, and who seeks to purchase class B

firefighting foam containing intentionally added PFAS for the purpose of fighting emergency class

B fires, may apply to the department for a temporary exemption from the restrictions on the

manufacture, sale, offer for sale, or distribution of class B firefighting foam for use at a terminal.

An exemption shall not exceed one year. The department of environmental management, in

consultation with the department of health, may grant an exemption under this subsection if the

applicant provides:

     (1) Clear and convincing evidence that there is not a commercially available alternative

that:

     (i) Does not contain intentionally added PFAS; and

     (ii) Is capable of suppressing a large atmospheric tank fire or emergency class B fire at the

terminal;

     (2) Information on the amount of class B firefighting foam containing intentionally added

PFAS that is annually stored, used, or released at the terminal;

     (3) A report on the progress being made by the applicant to transition at the terminal to

class B firefighting foam that does not contain intentionally added PFAS; and

     (4) An explanation of how:

     (i) All releases of class B firefighting foam containing intentionally added PFAS shall be

fully contained at the terminal; and

     (ii) Existing containment measures prevent firewater, wastewater, runoff, and other wastes

from being released into the environment, including into soil, groundwater, waterways, and

stormwater.

     (f) Nothing in this section shall prohibit a terminal from providing class B firefighting foam

in the form of aid to another terminal in the event of a class B fire.

     (g) A manufacturer of class B firefighting foam restricted under subsection (c) of this

section must notify, in writing, persons that sell the manufacturer's products in this state about the

provisions of this chapter no less than one year prior to the effective date of the restrictions.

     (h) A manufacturer that produces, sells, or distributes a class B firefighting foam prohibited

under subsection (c) of this section shall recall the product and reimburse the retailer or any other

purchaser for the product by March 1, 2025, and shall reimburse the retailer or any other purchaser

for the product. A recall of the product shall include safe transport and storage and documentation

of the amount and storage location of the PFAS-containing firefighting foam, until the department

formally identifies a safe disposal technology. The manufacturer shall provide this documentation

to the attorney general, or city or town solicitor upon request.

     (i) The department may request a certificate of compliance from a manufacturer of class B

firefighting foam, or firefighting personal protective equipment sold in this state. A certificate of

compliance attests that a manufacturer's product or products meets the requirements of this chapter.

If the department requests such a certificate, the manufacturer shall provide the certificate within

thirty (30) calendar days after the request is made.

     (j) The department shall assist state agencies, fire protection districts, and other local

governments to avoid purchasing or using class B firefighting foams to which PFAS chemicals

have been intentionally added.

     (k) A manufacturer of class B firefighting foam in violation of this chapter is subject to a

civil penalty not to exceed five thousand dollars ($5,000) for each violation in the case of a first

offense. Manufacturers, local governments, or persons that are repeat violators are subject to a civil

penalty not to exceed ten thousand dollars ($10,000) for each repeat offense.

     (l) Beginning January 1, 2025, a manufacturer or other person that sells firefighting

personal protective equipment to any person, local government, or state agency must provide

written notice to the purchaser at the time of sale if the firefighting personal protective equipment

contains any PFAS. The written notice must include a statement that the firefighting personal

protective equipment contains PFAS chemicals and the reason PFAS chemicals are added to the

equipment.

     (m) The department shall assist state agencies, fire protection districts, and other local

governments to give priority and preference to the purchase of firefighting personal protective

equipment that does not contain PFAS.

     (n) The manufacturer or person selling firefighting personal protective equipment and the

purchaser of the equipment must retain the notice on file for at least three (3) years from the date

of the transaction. Upon the request of the department, a person, manufacturer, or purchaser must

furnish the notice, or written copies, and associated sales documentation to the department within

sixty (60) days.

 

 

496)

Section

Added By Chapter Numbers:

 

23-18.8-6

344 and 345

 

 

23-18.18-6. Rules and regulations.

     The department of environmental management may promulgate rules and regulations to

implement the provisions of this chapter.

 

 

497)

Section

Added By Chapter Numbers:

 

23-18.8-7

344 and 345

 

 

23-18.18-7. Violations.

     Effective January 1, 2027, a violation of any of the provisions of this law or any rule or

regulation promulgated pursuant thereto shall be punishable, in the case of a first violation, by a

civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any further

violations, the liability shall be for a civil penalty not to exceed five thousand dollars ($5,000) for

each violation.

 

498)

Section

Amended By Chapter Numbers:

 

23-19.1-6

119 and 129

 

 

23-19.1-6. Powers and duties of the director.

     (a) The director shall adopt any plans, rules, regulations, procedures, and standards as may

be necessary to ensure proper, adequate, and sound hazardous waste management and to protect

the health and safety of the public, and the environment from the effects of improper hazardous

waste management. The plans, rules, regulations, procedures, and standards shall be developed by

the director with input and review by the affected persons and agencies including the statewide

planning program, the health department, and representative of the generator, transport, and

disposal industry as well as an environmental representative. The rules, regulations, procedures,

and standards as adopted by the director shall, to the maximum extent practical, be compatible with

the rules, regulations, procedures, and standards promulgated by the U.S. environmental protection

agency pursuant to §§ 3001-3006 of the Federal Resource Conservation and Recovery Act of 1976,

42 U.S.C. § 6901 et seq. The Rhode Island department of environmental management (the

department) rules and regulations for the investigation and remediation of hazardous material

releases (250-RICR-140-30-1) shall not include any provision requiring the remediation of arsenic

which is naturally occurring at levels less than nineteen parts per million (19 ppm).

     (b) The director is authorized to exercise all powers, direct and incidental, necessary to

carry out the purposes of this chapter, assure that the state complies with any federal hazardous

waste management act and retains maximum control under it, and receives all desired federal

grants, aid, and other benefits.

 

499)

Section

Repealed By Chapter Numbers:

 

23-20.8

346 and 347

 

 

23-20.8. [Repealed]

 

500)

Section

Repealed By Chapter Numbers:

 

23-20.8-1

346 and 347

 

 

23-20.8-1. [Repealed]

 

501)

Section

Repealed By Chapter Numbers:

 

23-20.8-2

346 and 347

 

 

23-20.8-2. [Repealed]

 

502)

Section

Repealed By Chapter Numbers:

 

23-20.8-2.1

346 and 347

 

 

23-20.8-2.1. [Repealed]

 

 

 

503)

Section

Repealed By Chapter Numbers:

 

23-20.8-3

346 and 347

 

 

23-20.8-3. [Repealed]

 

504)

Section

Repealed By Chapter Numbers:

 

23-20.8-4

346 and 347

 

 

23-20.8-4. [Repealed]

 

505)

Section

Repealed By Chapter Numbers:

 

23-20.8-5

346 and 347

 

 

23-20.8-5. [Repealed]

 

506)

Section

Repealed By Chapter Numbers:

 

23-20.8-6

346 and 347

 

 

23-20.8-6. [Repealed]

 

507)

Section

Repealed By Chapter Numbers:

 

23-20.8-7

346 and 347

 

 

23-20.8-7. [Repealed]

 

508)

Section

Repealed By Chapter Numbers:

 

23-20.8-8

346 and 347

 

 

23-20.8-8. [Repealed]

 

509)

Section

Repealed By Chapter Numbers:

 

23-20.8-9

346 and 347

 

 

23-20.8-9. [Repealed]

 

510)

Section

Repealed By Chapter Numbers:

 

23-20.8-10

346 and 347

 

 

23-20.8-10. [Repealed]

 

511)

Section

Repealed By Chapter Numbers:

 

23-20.8-11

346 and 347

 

 

23-20.8-11. [Repealed]

 

512)

Section

Added By Chapter Numbers:

 

23-21.2

348 and 349

 

 

CHAPTER 21.2

LICENSING OF YOUTH CAMPS

 

513)

Section

Added By Chapter Numbers:

 

23-21.2-1

348 and 349

 

 

23-21.2-1. Definitions.

     When used in this chapter:

     (1) "Adequate" means that which is needed to accomplish the intended purpose in keeping

with good public health practice.

     (2) "CCAP" means the child care assistance program administered by the Rhode Island

department of human services.

     (3) "Day camp" means a camp operated for less than twenty-four (24) hours in any one

day, not including family day care homes as defined in § 23-28.1-5 or child day care centers as

defined in § 23-75-2 and accepts the CCAP payment rates established in § 40-6.2-1.1. Day campers

will be limited to two (2) overnight programs per week.

     (4) "Department" means the department of human services.

     (5) "Director" means the director of the department of human services.

     (6) "Residential camp" means a camp which provides overnight facilities and accepts the

CCAP payment rates established in § 40-6.2-1.1.

     (7) "Youth camp" means any day camp or residential camp which that conducts a program

for ten (10) or more campers and accepts the CCAP payment rates established in RIGL § 40-6.2-

1.1.

 

514)

Section

Added By Chapter Numbers:

 

23-21.2-2

348 and 349

 

 

23-21.2-2. Requirements for licensing of youth camps.

     To be eligible for the issuance or renewal of a youth camp license, the camp shall satisfy

the following requirements:

     (1) The location of the camp shall be such as to provide adequate potable water and afford

facilities for obtaining readily available potable water;

     (2) Each dwelling unit, building, and structure shall be maintained in good condition,

suitable for the use to which it is intended, and shall present no health or fire hazard as so certified

by the department of health and the state fire marshal or local fire marshal, and if required, as

indicated by a current fire marshal certificate dated within the past year and available on site when

the youth camp is in operation;

     (3) There shall be an adequate and competent staff of consisting of:

     (i) The youth camp director or assistant director, one of whom shall be on site at all times

the camp is in operation;

     (ii) Activities specialists;

     (iii) Counselors; and

     (iv) Maintenance personnel;

     (4) Each camp staff member over the age of eighteen (18) years shall be required to obtain

a criminal records background check from the bureau of criminal identification and investigation

division of the state police, local police department, or the office of the attorney general in

accordance with the procedures and standards provided in § 40-13.2-5.1;

     (5) All youth camp staff shall be trained, at a minimum, on the camp's policies and

procedures pertaining to behavioral management and supervision, emergency health and safety

procedures and recognizing, preventing, and reporting child abuse and neglect in accordance with

§ 40-11-3;

     (6) All hazardous activities, including, but not limited to, archery, aquatics, horseback

riding and firearms instruction, shall be supervised by a qualified activities specialist who has

adequate experience and training in such area of specialty;

     (7) The staff of a residential and day camp shall at all times include an individual trained

in the administration of first aid as required by the director;

     (8) Records of personal data for each camper shall be kept in any reasonable form. The

form shall include:

     (i) The camper's name, age, and address;

     (ii) The name, address, and telephone number of the parents or guardian;

     (iii) The dates of admission and discharge; and

     (iv) Such other information as required by the department; and

     (9) Any youth camp licensed under this chapter shall operate only as the type of camp

authorized by such license. Such camps shall not advertise any service they are not equipped or

licensed to offer. The license shall be posted in a conspicuous place at youth camp headquarters

and failure to so post the license shall result in the presumption that the camp is being operated in

violation of this chapter.

 

515)

Section

Added By Chapter Numbers:

 

23-21.2-3

348 and 349

 

 

23-21.2-3. Inspections of facilities.

     The department shall inspect or cause to be inspected the facilities to be operated by an

applicant for an original license before the license shall be granted and shall annually thereafter

inspect or cause to be inspected the facilities of all licensees.

 

516)

Section

Added By Chapter Numbers:

 

23-21.2-4

348 and 349

 

 

23-21.2-4. Rules and regulations.

     The department shall promulgate rules and regulations deemed necessary to implement the

purposes of this chapter.

 

517)

Section

Amended By Chapter Numbers:

 

23-27.3-107.0

290 and 291

 

 

23-27.3-107.0. State building code office.

     There exists within the department of business regulation a state building code office. The

office is comprised of the state building code commissioner and the commissioner's staff, the

contractors' registration and licensing board, the building code commission, the design

professionals unit, and the building code standards committee and all other applicable

subcommittees.

 

 

 

 

518)

Section

Amended By Chapter Numbers:

 

23-27.3-107.4

290 and 291

 

 

23-27.3-107.4. Qualifications of the state building commissioner.

     (a) The state building commissioner shall serve as the executive secretary to the state

building code standards committee. In addition to the state building commissioner’s other duties as

set forth in this chapter, the state building commissioner shall assume the authority for the purpose

of enforcing the provisions of the state building code in a municipality where there is no local

building official.

     (b) The state building commissioner shall be a member of the classified service, and for

administrative purposes shall be assigned a position in the department of business regulation.

Qualifications for the position of the state building commissioner shall be established in accordance

with provisions of the classified service of the state, and shall include the provision that the

qualifications include at least ten (10) years’ experience in building or building regulations

generally, and that the commissioner be an architect or professional engineer licensed in the state

or a certified building official presently or previously employed by a municipality and having at

least ten (10) years’ experience in the building construction or inspection field.

 

519)

Section

Amended By Chapter Numbers:

 

23-27.3-108.2

117 (Article 6), 290 and 291

 

 

P.L. 290 and P.L. 291

23-27.3-108.2.  Duties of the state building code commissioner.

     (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. The state building code commissioner shall

have the authority to enforce and perform the duties required by the state building code, chapter 27

of this title, and all codes referenced therein and adopted thereunder, and all other provisions of the

general laws and public laws insofar as such powers and duties relate to building codes and building

inspection.

     (b) The state building code commissioner shall work to standardize building code

interpretations across the state with input from the Rhode Island League of Cities and Towns and

ensure consistent enforcement of the code throughout the state.

     (b)(c) Permit fees for the projects shall be established by the committee. The fees shall be

deposited as general revenues.

     (c)(d)(1) The local cities and towns shall charge each permit applicant an additional .1

(.001) one-tenth percent (0.1%) levy of the total construction cost for each commercial permit

issued, and two-tenths percent (0.2%) levy of the total construction cost for each residential permit

issued. The levy shall be limited to a maximum of fifty dollars ($50.00) one hundred dollars ($100)

for each of the permits issued for 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

     (i) Fifty percent (50%) of this additional levy on residential permits and one hundred

percent (100%) of this additional levy on commercial permits 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 This portion of the fee levy

shall be deposited as general revenues.

     (ii) Fifty percent (50%) of this additional levy on residential permits shall be transferred to

the department of labor and training and shall be deposited into the contractor training restricted

receipt account, which shall be exempt from the indirect cost recovery provisions of § 35-4-27.

Subject to appropriation by the general assembly, these funds shall be used to provide contractor

training grants for programs that shall include, but are not limited to, minority business enterprises

and state local building officials.

     (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)(e) 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)(f) 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)(g) 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 1

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)(h) The building commissioner shall assist with facilitating the goals and objectives set

forth in § 28-42-84(a)(9).

     (i) The state building code commissioner shall serve as the executive secretary to the state

building code standards committee.

     (j) In addition to the state building code commissioner's other duties as set forth in this

chapter, and notwithstanding the same, the state building code commissioner and the

commissioner's staff shall assume the authority for the purposes of enforcing the provisions of the

state building code in a municipality where there is no local building official or alternate as detailed

in § 23-27.3-107.2, or where there are no local building inspectors.

 

 

 

P.L. 117 (Article 6)

 

 

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; provided, however, that for the purposes

of this section structures constituting tents and/or membrane frame structures as defined in this state

building code and any regulations promulgated hereunder shall be subject to an annual certification

process to be established by the state building commissioner in conjunction with the state fire

marshal and shall not be subject to recurring permit and fee requirements as otherwise required by

this code.

     (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 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 1 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).

 

520)

Section

Amended By Chapter Numbers:

 

23-27.3-108.3

290 and 291

 

 

23-27.3-108.3. State building code education and training academy.

     (a) There shall be a building code education and training program within the state building

code office, which shall be overseen by the state building code commissioner or the commissioner's

designee.

     (b) The training program shall be responsible for implementing uniform building code

education and training programs, with input from the Rhode Island League of Cities and Towns,

for all building officials and inspectors statewide.

 

521)

Section

Repealed By Chapter Numbers:

 

23-27.4-1

27 and 28

 

 

23-27.4-1. [Repealed]

 

522)

Section

Added By Chapter Numbers:

 

23-101

260 and 261

 

 

CHAPTER 101

HEALTHCARE PROVIDER SHIELD

 

523)

Section

Added By Chapter Numbers:

 

23-101-1

260 and 261

 

 

23-101-1. Short title.

     This chapter shall be known and may be cited as the "Healthcare Provider Shield."

 

524)

Section

Added By Chapter Numbers:

 

23-101-2

260 and 261

 

 

23-101-2. Definitions.

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

context clearly indicates otherwise:

     (12) "Aid and assist legally protected health care healthcare activity" and "aiding and

assisting legally protected health care healthcare activity" mean:

     (i) Any act or omission of a person aiding or effectuating or attempting to aid or effectuate

any other person in legally protected health care healthcare activity; or

     (ii) The provision or administration of, or attempted provision or administration of,

insurance coverage for gender-affirming health care healthcare services or reproductive health

care healthcare services to a beneficiary or a dependent of a beneficiary by any insurer, payor, or

employer.

     (iii) "Aiding and assisting legally protected health care healthcare activity" does not

include any conduct that violates Rhode Island law or deviates from the applicable standard of care

or that could form the basis of a civil, criminal, or administrative action under the laws of this state

had the course of conduct that forms the basis for liability occurred entirely within this state.

     (21) "Aggrieved person" means:

     (i) A person against whom hostile litigation is filed or prosecuted or the legal representative

of a person against whom hostile litigation is filed or prosecuted; or

     (ii) The employer of a person against whom hostile litigation is filed or prosecuted if the

legally protected health care healthcare activity or aiding and assisting legally protected health

care healthcare activity of the person that forms the basis of the hostile litigation was performed

within the scope of the person's employment.

     (3) "Foreign judgment" means any judgment or decree of a court of another state.

     (4) "Gender-affirming health care healthcare services" means all supplies, care, and

services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic,

diagnostic, preventive, rehabilitative, or supportive nature, including medication, relating to the

treatment of gender dysphoria and gender incongruence in accordance with the accepted standard

of care as defined by major medical professional organizations and agencies with expertise in the

field of gender-affirming health care, including the Standards of Care for the Health of Transgender

and Gender Diverse People, Version 8, or subsequent version, published by the World Professional

Association for Transgender Health. "Gender-affirming health care healthcare services" does not

include conversion therapy as defined by §23-94-2.

     (5) “Health care Healthcare provider” means and shall apply to the following:

     (i) A qualified physician licensed pursuant to chapters 37 and 37.3 of title 5;

     (ii) A qualified osteopathic physician licensed pursuant to chapter 37 of title 5;

     (iii) A qualified physician assistant licensed pursuant to chapter 54 of title 5;

     (iv) A genetic counselor licensed pursuant to chapter 92 of title 5;

     (v) A qualified psychologist licensed pursuant to chapter 44 of title 5;

     (vi) A qualified social worker licensed pursuant to chapter 39.1 of title 5;

     (vii) An advanced practice registered nurse, and a certified nurse practitioner, licensed

pursuant to chapter 34 of title 5, and a certified registered nurse anesthetist licensed pursuant to

chapters 34 and 34.2 of title 5;

     (viii) A certified nurse midwife licensed pursuant to chapter 13 of this title 23;

     (ix) A licensed clinical mental health counselor or associate, and a licensed marriage and

family therapist or associate, licensed pursuant to chapter 63.2 of title 5;

     (x) An electrologist licensed pursuant to chapter 32 of title 5;

     (xi) A speech-language pathologist licensed pursuant to chapter 48 of title 5;

     (xii) An occupational therapist licensed pursuant to chapter 40.1 of title 5;

     (xiii) A chiropractic physician licensed pursuant to chapter 30 of title 5; and

     (xiv) A pharmacist engaging in the practice of pharmacy and licensed pursuant to chapter

19.1 of title 5.

     (6) “Hostile litigation" means any litigation or other legal action, including civil, criminal,

or administrative action, to deter, prevent, sanction, or punish any person engaging in legally

protected health care healthcare activity or aiding and assisting legally protected health care

healthcare activity by:

     (i) Filing or prosecuting any litigation or other legal action in any other state where liability

is based on legally protected health care healthcare activity or aiding and assisting legally

protected health care healthcare activity that occurred in this state, including any action in which

liability is based on any theory of vicarious, joint, or several liability; or

     (ii) Attempting to enforce any order or judgment issued in connection with any litigation

or other legal action under subsection (6)(i) of this section by any party to the action or by any

person acting on behalf of any party to the action.

     (iii) For purposes of this chapter, litigation or other legal action is based on legally protected

health care healthcare activity or aiding and assisting legally protected health care healthcare

activity that occurred in this state if any part of any act or omission involved in the course of conduct

that forms the basis for liability in the action occurs or is initiated in this state, whether or not the

act or omission is alleged or included in any pleading or other filing in the lawsuit.

     (7) "Law enforcement agency" means any police department in any city or town or the state

police as defined in the general laws. For purposes of this act, a law enforcement agency may

include any other non-federal entity in the state charged with the enforcement of laws relating to

the custody of detained persons.

     (8) "Legally protected health care healthcare activity" means:

     (i) The exercise and enjoyment or attempted exercise and enjoyment by any person of the

right secured by this state to gender-affirming health care healthcare services or reproductive

health care healthcare services; and

     (ii) The provision or attempted provision of gender-affirming health care healthcare

services or reproductive health care healthcare services that are permitted under the laws and

regulations of this state and that are provided in accordance with the applicable standard of care by

a person properly licensed under the laws of this state and physically present in this state, regardless

of whether the patient is located in this state or whether the person is licensed in the state where the

patient is located at the time the services are rendered.

     (iii) “Legally protected health care healthcare activity" does not include any conduct that

could form the basis of a civil, criminal, or administrative action under the laws of this state had

the course of conduct that forms the basis for liability occurred entirely within this state and/or in

violation of Rhode Island law.

     (9) "Reproductive health care healthcare services" means all supplies, care, and services

of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic,

preventive, rehabilitative, or supportive nature, including medication, relating to pregnancy,

contraception, assisted reproduction, pregnancy loss management, or the termination of a

pregnancy in accordance with the applicable standard of care as defined by major medical

professional organizations and agencies with expertise in the field of reproductive health care.

     (10) "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. The term “this state” refers to the state of Rhode Island.

 

525)

Section

Added By Chapter Numbers:

 

23-101-3

260 and 261

 

 

23-101-3. Tortious interference with legally protected healthcare activity.

     (a) If a person, whether or not acting under color of law, engages or attempts to engage in

hostile litigation, any aggrieved person may initiate a civil action against that person for injunctive,

monetary, or other appropriate relief within three (3) years after the cause of action accrues.

     (b) If the court finds for the aggrieved person/petitioner in an action authorized by this

section, recovery may include damages for the amount of any judgment issued in connection with

any hostile litigation, and any and all other expenses, costs, and reasonable attorney’s fees incurred

in connection with the hostile litigation and with the tortious interference action.

     (c) A court of this state may exercise jurisdiction over a person in an action authorized by

this section if:

     (1) Personal jurisdiction is found;

     (2) The person who engages or attempts to engage in hostile litigation has commenced any

action in any court in this state and, during the pendency of that action or any appeal therefrom, a

summons and complaint is served on the person, authorized representative, or the attorney

appearing on the person’s behalf in that action or as otherwise permitted by law; or

     (3) The exercise of jurisdiction is permitted under the Constitution of the United States.

 

526)

Section

Added By Chapter Numbers:

 

23-101-4

260 and 261

 

 

23-101-4. Foreign judgments issued in connection with hostile litigation.

     (a) Jurisdiction and due process required. A court of this state may not give any force or

effect to any foreign judgment in connection with hostile litigation if the court that issued the

foreign judgment did not:

     (1) Have personal jurisdiction over the defendant;

     (2) Have jurisdiction over the subject matter; or

     (3) Provide due process of law.

     (b) Limitations period. Notwithstanding any provision of law to the contrary, an action on

a foreign judgment in connection with hostile litigation must be commenced by filing a new and

independent action on the judgment within five (5) years of the foreign judgment.

 

527)

Section

Added By Chapter Numbers:

 

23-101-5

260 and 261

 

 

23-101-5. Testimony, documents, and subpoenas.

     (a) Notwithstanding any other provision in this chapter or court rule to the contrary, except

as required by federal law, a court may not order a person who is domiciled or found within this

state to give testimony or a statement or produce documents or other things with any proceeding in

a tribunal outside this state concerning hostile litigation.

     (b) Any person in this state upon whom a subpoena seeking information concerning legally

protected healthcare activity is served by any state or federal court in connection with hostile

litigation, may move to modify or quash such subpoena on any grounds provided by court rule,

statute, or on the grounds that the subpoena is inconsistent with the public policy as set out in this

act.

     (c) Except as required by federal law, a judicial officer may not issue a summons in a case

where prosecution is pending concerning legally protected health care healthcare activity, or

aiding and assisting legally protected healthcare activity, or where a grand jury investigation

concerning legally protected healthcare activity or aiding and assisting legally protected healthcare

activity has commenced or is about to commence for a criminal violation of a law of such other

state unless the acts forming the basis of the prosecution or investigation would also constitute an

offense if occurring entirely in this state.

     (d) A judge, clerk, or official may not issue a subpoena if the subpoena is sought to be

issued in connection with hostile litigation.

     (e) A business entity that is incorporated, or has its principal place of business, in this state

may not:

     (1) Knowingly provide records, information, facilities, or assistance in response to an out-

of-state subpoena, warrant, court order, or other civil or criminal legal process that the business

entity has reason to believe relates to an investigation into, or the enforcement of, another state’s

law that asserts criminal or civil liability for legally protected healthcare activity or aiding and

assisting legally protected healthcare; or

     (2) Comply with an out-of-state subpoena, warrant, court order, or other civil or criminal

legal process for records, information, facilities, or assistance that the business entity has reason to

believe relates to legally protected healthcare activity or aiding and assisting legally protected

healthcare.

     (3) Any business entity described in subsection (e)(1) or (e)(2) of this section that is served

with a an out-of-state subpoena, warrant, court order, or other civil or criminal legal process

described in subsection (e)(1) or (e)(2) of this section is entitled to request an attestation, made

under penalty of perjury, stating that the subpoena, warrant, court order, or other civil or criminal

legal process does not seek documents, information, or testimony relating to an investigation into,

or the enforcement of, another state's law that asserts criminal or civil liability for legally protected

healthcare activity or aiding and assisting legally protected healthcare activity, before providing

records, information, facilities, or assistance.

     (f) Any false attestation submitted under this section is subject to a statutory penalty of ten

thousand dollars ($10,000) per violation. Submission of such attestation subjects the attester to the

jurisdiction of the courts of this state for any suit, penalty, or damages arising out of a false

attestation under this section. The business entity is entitled to rely on the representations made in

an attestation described in subsection (e)(3) of this section in determining whether the out-of-state

subpoena, warrant, court order, or other civil or criminal legal process relates to an investigation

into, or the enforcement of, another state's law that asserts criminal or civil liability for legally

protected healthcare activity or aiding and assisting legally protected healthcare activity.

 

528)

Section

Added By Chapter Numbers:

 

23-101-6

260 and 261

 

 

23-101-6. Prohibition on expenditure of public resources.

     (a) Notwithstanding any provision of state law to the contrary and except as required by

federal law, a public agency, including a law enforcement agency, and an employee, appointee,

officer, or official, or any other person acting on behalf of a public agency, may not provide any

information or expend or use time, money, facilities, property, equipment, personnel or other

resources in furtherance of any interstate investigation or proceeding seeking to impose civil,

administrative, or criminal liability upon a person or entity for:

     (1) Legally protected health care healthcare activity; or

     (2) Aiding and assisting legally protected health care healthcare activity.

 

529)

Section

Added By Chapter Numbers:

 

23-101-7

260 and 261

 

 

23-101-7. Noncooperation.

     (a) Except as required by federal law, an officer or employee of a law enforcement agency,

while acting under color of law, may not provide information or assistance to a federal law

enforcement agency, to any law enforcement agency in another state or political subdivision of

another state, or to any private citizen in relation to an investigation or inquiry into services

constituting legally protected health care healthcare activity or aiding and assisting legally

protected health care healthcare activity, if such services would be lawful as provided if they

occurred entirely in this state.

     (b) No arrest. Notwithstanding any provision of state law to the contrary and except as

required by federal law, arrest of a person in this state is prohibited if at the time of the arrest the

arresting official has information or knowledge that the arrest is related to criminal liability that is

based on legally protected health care healthcare activity or aiding and assisting legally protected

health care healthcare activity and the services would be lawful if they occurred entirely in this

state.

     (c) Exceptions. This section does not apply to a public agency, including a law enforcement

agency, or an employee, appointee, officer, or official or any other person acting on behalf of a

public agency:

     (1) When responding to a warrant or extradition demand on the good faith belief that the

warrant or demand is valid in this state; or

     (2) When exigent circumstances make compliance with this section impossible. For the

purposes of this subsection, "exigent circumstances" means circumstances in which there is an

insufficient time to comply with this section and there is a compelling need for action due to the

presence of an imminent danger to public safety, there is a potential where evidence faces imminent

destruction, or any other circumstances where “exigent circumstances” as defined by common law

exists.

 

530)

Section

Added By Chapter Numbers:

 

23-101-8

260 and 261

 

 

23-101-8. Choice of law.

     Notwithstanding any general or special law or common law conflict of law rule to the

contrary, the laws of this state govern in any case or controversy heard in this state involving legally

protected health care healthcare activity or aiding and assisting legally protected health care

healthcare activity.

 

531)

Section

Added By Chapter Numbers:

 

23-101-9

260 and 261

 

 

23-101-9. Professions covered.

     (a) The protections afforded by the provisions of this chapter for providing gender-

affirming health care healthcare services, legally-protected health care healthcare activity, and

reproductive health care healthcare services, shall apply to the following healthcare providers:

     (1) A qualified physician licensed pursuant to chapters 37 and 37.3 of title 5;

     (2) A qualified osteopathic physician licensed pursuant to chapter 37 of title 5;

     (3) A qualified physician assistant licensed pursuant to chapter 54 of title 5;

     (4) A genetic counselor licensed pursuant to chapter 92 of title 5;

     (5) A qualified psychologist licensed pursuant to chapter 44 of title 5;

     (6) A qualified social worker licensed pursuant to chapter 39.1 of title 5;

     (7) An advanced practice registered nurse, and a certified nurse practitioner, licensed

pursuant to chapter 34 of title 5, and a certified registered nurse anesthetist licensed pursuant to

chapters 34 and 34.2 of title 5;

     (8) A certified nurse midwife licensed pursuant to chapter 13 of this title 23;

     (9) A licensed clinical mental health counselor or associate, and a licensed marriage and

family therapist or associate, licensed pursuant to chapter 63.2 of title 5;

     (10) An electrologist licensed pursuant to chapter 32 of title 5;

     (11) A speech-language pathologist licensed pursuant to chapter 48 of title 5;

     (12) An occupational therapist licensed pursuant to chapter 40.1 of title 5;

     (13) A chiropractic physician licensed pursuant to chapter 30 of title 5; and

     (14) A pharmacist engaging in the practice of pharmacy and licensed pursuant to chapter

19.1 of title 5.

 

532)

Section

Added By Chapter Numbers:

 

23-102

394 and 395

 

 

CHAPTER 102

BEHAVIORAL HEALTH EDUCATION, TRAINING, AND COORDINATION FUND

 

533)

Section

Added By Chapter Numbers:

 

23-102-1

394 and 395

 

 

23-102-1. Definitions.

     As used in this chapter, the following words shall be construed as follows unless the context

clearly indicates otherwise:

     (1) “Behavioral health” means treatment and services for mental health and substance use

disorders.

     (2) “Eligible organization(s)” means the Substance Use and Mental Health Leadership

Council of RI, and any other organization certified pursuant to the provisions of § 23-100102-2.

     (3) “Eligible services” means the programs used for educational purposes, training, and

coordination of mental health or substance use disorder treatment providers.

 

534)

Section

Added By Chapter Numbers:

 

23-102-2

394 and 395

 

 

23-102-2. Behavioral Health Education, Training, and Coordination Fund

established -- Uses of the fund.

     (a) There is established a separate fund within the general fund to be called the behavioral

health education, training, and coordination fund which shall be administered by the general

treasurer in accordance with the same laws and fiscal procedures as the general funds of the state.

The fund shall consist of sums collected as a result of the taxpayer check-off as provided for in §

44-30-2.12. The general treasurer is authorized to accept any grant, devise, bequest, donation, gift,

or assignment of money, bonds, or other valuable securities for deposit in and credit of the

behavioral health education, training, and coordination fund.

     (b) The monies received under this chapter and § 44-30-2.12 shall be made available and

distributed by the treasurer annually by September 30, or as soon thereafter as the application is

approved, to eligible organizations certified by the department of behavioral healthcare,

developmental disabilities and hospitals for the calendar year.

     (c) Upon distribution to eligible organizations with an approved application, the monies

shall be used exclusively to provide education, training, or coordination of behavioral health

treatment or service providers.

     (d) Upon receipt of the annual application from an eligible organization as provided in this

section, the director of the department of behavioral healthcare, developmental disabilities and

hospitals shall review each application to determine if it complies with the intent and requirements

of this chapter. Upon a finding by the director of the department of behavioral healthcare,

developmental disabilities and hospitals that the application complies with the intent and

requirements of this chapter, the director of the department of behavioral healthcare, developmental

disabilities and hospitals shall certify that the eligible organization has an approved application for

the calendar year. The director of the department of behavioral healthcare, developmental

disabilities, and hospitals shall provide notice of approval or denial of certification not later than

September 15 to each eligible organization that has submitted an annual application.

     (fe) The director of the department of behavioral healthcare, developmental disabilities and

hospitals is authorized to promulgate any rules or regulations and prescribe forms necessary to

implement the provisions of this chapter.

 

535)

Section

Added By Chapter Numbers:

 

23-103

418 and 442

 

 

CHAPTER 103

DISCLOSURE OF PRICES - MEDICAL FACILITY ITEMS

 

536)

Section

Added By Chapter Numbers:

 

23-103-1

418 and 442

 

 

23-103-1. Definitions.

     As used in this chapter:

     (1) "Ancillary service" means a facility item or service that a facility customarily provides

as part of a shoppable service.

     (2) "Chargemaster" means the list of all facility items or services maintained by a facility

for which the facility has established a charge.

     (3) "Commission" means the health and human services commission.

     (4) "De-identified maximum negotiated charge" means the highest charge that a facility

has negotiated with all third-party payors for a facility item or service.

     (5) "De-identified minimum negotiated charge" means the lowest charge that a facility has

negotiated with all third-party payors for a facility item or service.

     (6) "Discounted cash price" means the charge that applies to an individual who pays cash,

or a cash equivalent, for a facility item or service.

     (7) "Facility" means a hospital licensed under chapter 17 of this title23.

     (8) "Facility items or services" means all items and services, including individual items and

services and service packages, that may be provided by a facility to a patient in connection with an

inpatient admission or an outpatient department visit, as applicable, for which the facility has

established a standard charge, including:

     (i) Supplies and procedures;

     (ii) Room and board;

     (iii) Use of the facility and other areas, the charges for which are generally referred to as

facility fees;

     (iv) Services of physicians and non-physician practitioners, employed by the facility, the

charges for which are generally referred to as professional charges; and

     (v) Any other item or service for which a facility has established a standard charge.

     (9) "Gross charge" means the charge for a facility item or service that is reflected on a

facility's chargemaster, absent any discounts.

     (10) "Machine-readable format" means a digital representation of information in a file that

can be imported or read into a computer system for further processing. The term includes .XML,

.JSON, and .CSV formats.

     (11) "Payor-specific negotiated charge" means the charge that a facility has negotiated with

a third-party payor for a facility item or service.

     (12) "Service package" means an aggregation of individual facility items or services into a

single service with a single charge.

     (13) "Shoppable service" means a service that may be scheduled by a healthcare consumer

in advance.

     (14) "Standard charge" means the regular rate established by the facility for a facility item

or service provided to a specific group of paying patients. The term includes all of the following,

as defined under this section:

     (i) The gross charge;

     (ii) The payor-specific negotiated charge;

     (iii) The de-identified minimum negotiated charge;

     (iv) The de-identified maximum negotiated charge; and

     (v) The discounted cash price.

     (15) "Third-party payor" means an entity that is, by statute, contract, or agreement, legally

responsible for payment of a claim for a facility item or service.

 

 

537)

Section

Added By Chapter Numbers:

 

23-103-2

418 and 442

 

 

23-103-2. Public availability of price information required.

     (a) Notwithstanding any other law, a facility shall make public:

     (1) A digital file in a machine-readable format that contains a list of all standard charges

for all facility items or services as described by § 23-100103-3; and

     (2) A consumer-friendly list of standard charges for a limited set of shoppable services as

provided in § 23-100103-4.

 

538)

Section

Added By Chapter Numbers:

 

23-103-3

418 and 442

 

 

23-103-3. List of standard charges required.

     (a) A facility shall:

     (1) Maintain a list of all standard charges for all facility items or services in accordance

with this section; and

     (2) Ensure the list required under subsection (a)(1) of this section is available at all times

to the public, including by posting the list electronically in the manner provided by this section.

     (b) The standard charges contained in the list required to be maintained by a facility under

subsection (a) of this section shall reflect the standard charges applicable to that location of the

facility, regardless of whether the facility operates in more than one location or operates under the

same license as another facility.

     (c) The list required under subsection (a) of this section shall include the following items,

as applicable:

     (1) A description of each facility item or service provided by the facility;

     (2) The following charges for each individual facility item or service when provided in

either an inpatient setting or an outpatient department setting, as applicable:

     (i) The gross charge;

     (ii) The de-identified minimum negotiated charge;

     (iii) The de-identified maximum negotiated charge;

     (iv) The discounted cash price; and

     (v) The payor-specific negotiated charge, listed by the name of the third-party payor and

plan associated with the charge and displayed in a manner that clearly associates the charge with

each third-party payor and plan; and

     (3) Any code used by the facility for purposes of accounting or billing for the facility item

or service, including the Current Procedural Terminology (CPT) code, the Healthcare Common

Procedure Coding System (HCPCS) code, the Diagnosis Related Group (DRG) code, the National

Drug Code (NDC), or other common identifier.

     (d) The information contained in the list required under subsection (a) of this section shall

be published in a single digital file that is in a machine-readable format.

     (e) The list required under subsection (a) of this section shall be displayed in a prominent

location on the home page of the facility's publicly accessible Internetinternet website or accessible

by selecting a dedicated link that is prominently displayed on the home page of the facility's

publicly accessible Internet website. If the facility operates multiple locations and maintains a

single Internetinternet website, the list required under subsection (a) of this section shall be posted

for each location the facility operates in a manner that clearly associates the list with the applicable

location of the facility.

     (f) The list required under subsection (a) of this section shall:

     (1) Be available:

     (i) Free of charge;

     (ii) Without having to establish a user account or password;

     (iii) Without having to submit personal identifying information; and

     (iv) Without having to overcome any other impediment, including entering a code to access

the list;

     (2) Be accessible to a common commercial operator of an Internetinternet search engine

to the extent necessary for the search engine to index the list and display the list as a result in

response to a search query of a user of the search engine;

     (3) Be formatted in a manner prescribed by the commission;

     (4) Be digitally searchable; and

     (5) Use the following naming convention specified by the Centers for Medicare and

Medicaid Services, specifically:

     (i) In prescribing the format of the list under subsection (f)(3) of this section, the

commission shall:

     (A) Develop a template that each facility shall use in formatting the list; and

     (B) In developing the template under subsection (f)(5)(i)(A) of this section:

     (I) Consider any applicable federal guidelines for formatting similar lists required by

federal law or rule and ensure that the design of the template enables health carehealthcare

researchers to compare the charges contained in the lists maintained by each facility; and

     (II) Design the template to be substantially similar to the template used by the Centers for

Medicare and Medicaid Services for purposes similar to those of this chapter, if the commission

determines that designing the template in that manner serves the purposes of subsection (a) of this

section and that the commission benefits from developing and requiring that substantially similar

design.

     (g) The facility shall update the list required under subsection (a) of this section at least

once each year. The facility shall clearly indicate the date on which the list was most recently

updated, either on the list or in a manner that is clearly associated with the list.

 

539)

Section

Added By Chapter Numbers:

 

23-103-4

418 and 442

 

 

23-103-4. Consumer-friendly list of shoppable services.

     (a) Except as provided by subsection (c) of this section, a facility shall maintain and make

publicly available a list of the standard charges described by §§ 23-100103-3 (c)(2)(ii), (iii), (iv),

and (v) for each of at least three hundred (300) shoppable services provided by the facility. The

facility may select the shoppable services to be included in the list, except that the list shall include:

     (1) The seventy (70) services specified as shoppable services by the Centers for Medicare

and Medicaid Services; or

     (2) If the facility does not provide all of the shoppable services described by subsection

(a)(1) of this section, as many of those shoppable services as the facility does provide.

     (b) In selecting a shoppable service for purposes of inclusion in the list required under

subsection (a) of this section, a facility shall:

     (1) Consider how frequently the facility provides the service and the facility's billing rate

for that service; and

     (2) Prioritize the selection of services that are among the services most frequently provided

by the facility.

     (c) If a facility does not provide three hundred (300) shoppable services, the facility shall

maintain a list of the total number of shoppable services that the facility provides in a manner that

otherwise complies with the requirements of subsection (a) of this section.

     (d) The list required under subsection (a) or (c) of this section, as applicable, shall:

     (1) Include:

     (i) A plain-language description of each shoppable service included on the list;

     (ii) The payor-specific negotiated charge that applies to each shoppable service included

on the list and any ancillary service, listed by the name of the third-party payor and plan associated

with the charge and displayed in a manner that clearly associates the charge with the third-party

payor and plan;

     (iii) The discounted cash price that applies to each shoppable service included on the list

and any ancillary service or, if the facility does not offer a discounted cash price for one or more

of the shoppable or ancillary services on the list, the gross charge for the shoppable service or

ancillary service, as applicable;

     (iv) The de-identified minimum negotiated charge that applies to each shoppable service

included on the list and any ancillary service;

     (v) The de-identified maximum negotiated charge that applies to each shoppable service

included on the list and any ancillary service; and

     (vi) Any code used by the facility for purposes of accounting or billing for each shoppable

service included on the list and any ancillary service, including the Current Procedural Terminology

(CPT) code, the Healthcare Common Procedure Coding System (HCPCS) code, the Diagnosis

Related Group (DRG) code, the National Drug Code (NDC), or other common identifier; and

     (2) If applicable:

     (i) State each location at which the facility provides the shoppable service and whether the

standard charges included in the list apply at that location to the provision of that shoppable service

in an inpatient setting, an outpatient department setting, or in both of those settings, as applicable;

and

     (ii) Indicate if one or more of the shoppable services specified by the Centers for Medicare

and Medicaid Services is not provided by the facility.

     (e) The list required under subsection (a) or (c) of this section, as applicable, shall be:

     (1) Displayed in the manner prescribed by § 23-100103-3(e) for the list required under that

section;

     (2) Available:

     (i) Free of charge;

     (ii) Without having to register or establish a user account or password;

     (iii) Without having to submit personal identifying information; and

     (iv) Without having to overcome any other impediment, including entering a code to access

the list;

     (3) Searchable by service description, billing code, and payor;

     (4) Updated in the manner prescribed by § 23-100103-3(g) for the list required under that

section;

     (5) Accessible to a common commercial operator of an Internetinternet search engine to

the extent necessary for the search engine to index the list and display the list as a result in response

to a search query of a user of the search engine; and

     (6) Formatted in a manner that is consistent with the format prescribed by the commission

under § 23-100103-3(f)(3).

     (f) Notwithstanding any other provision of this section, a facility is considered to meet the

requirements of this section if the facility maintains, as determined by the commission, an

Internetinternet-based price estimator tool that:

     (1) Provides a cost estimate for each shoppable service and any ancillary service included

on the list maintained by the facility under subsection (a) of this section;

     (2) Allows a person to obtain an estimate of the amount the person will be obligated to pay

the facility if the person elects to use the facility to provide the service; and

     (3) Is:

     (i) Prominently displayed on the facility's publicly accessible Internetinternet website; and

     (ii) Accessible to the public:

     (A) Without charge; and

     (B) Without having to register or establish a user account or password.

 

540)

Section

Added By Chapter Numbers:

 

23-103-5

418 and 442

 

 

23-103-5. Reporting requirement.

     Each time a facility updates a list as required under §§ 23-100103-3(g) and 23-100103-

4(e)(4), the facility shall submit the updated list to the commission. The commission may prescribe

the form in which the updated list shall be submitted to the commission.

 

541)

Section

Added By Chapter Numbers:

 

23-103-6

418 and 442

 

 

23-103-6. Monitoring and enforcement.

     (a) The commission shall monitor each facility's compliance with the requirements of this

chapter using any of the following methods:

     (1) Evaluating complaints made by persons to the commission regarding noncompliance

with this chapter;

     (2) Reviewing any analysis prepared regarding noncompliance with this chapter;

     (3) Auditing the Internetinternet websites of facilities for compliance with this chapter;

and

     (4) Confirming that each facility submitted the lists required under § 23-100103-5.

     (b) If the commission determines that a facility is not in compliance with a provision of

this chapter, the commission may take any of the following actions, without regard to the order of

the actions:

     (1) Provide a written notice to the facility that clearly explains the manner in which the

facility is not in compliance with this chapter;

     (2) Request a corrective action plan from the facility if the facility has materially violated

a provision of this chapter, as determined under § 23-100103-7; and

     (3) Impose an administrative penalty on the facility and publicize the penalty on the

commission's Internetinternet website if the facility fails to:

     (i) Respond to the commission's request to submit a corrective action plan; or

     (ii) Comply with the requirements of a corrective action plan submitted to the commission.

 

542)

Section

Added By Chapter Numbers:

 

23-103-7

418 and 442

 

 

23-103-7. Material violation; Corrective action plan.

     (a) A facility materially violates this chapter if the facility fails to:

     (1) Comply with the requirements of § 23-100103-2; or

     (2) Publicize the facility's standard charges in the form and manner required by §§ 23-

100103-3 and 23-100103-4.

     (b) If the commission determines that a facility has materially violated this chapter, the

commission may issue a notice of material violation to the facility and request that the facility

submit a corrective action plan. The notice shall indicate the form and manner in which the

corrective action plan shall be submitted to the commission, and clearly state the date by which the

facility shall submit the plan.

     (c) A facility that receives a notice under subsection (b) of this section shall:

     (1) Submit a corrective action plan in the form and manner, and by the specified date,

prescribed by the notice of violation; and

     (2) As soon as practicable after submission of a corrective action plan to the commission,

act to comply with the plan.

     (d) A corrective action plan submitted to the commission shall:

     (1) Describe in detail the corrective action the facility will take to address any violation

identified by the commission in the notice provided under subsection (b) of this section; and

     (2) Provide a date by which the facility will complete the corrective action described by

subsection (d)(1) of this section.

     (e) A corrective action plan is subject to review and approval by the commission. After the

commission reviews and approves a facility's corrective action plan, the commission may monitor

and evaluate the facility's compliance with the plan.

     (f) A facility is considered to have failed to respond to the commission's request to submit

a corrective action plan if the facility fails to submit a corrective action plan:

     (1) In the form and manner specified in the notice provided under subsection (b) of this

section; or

     (2) By the date specified in the notice provided under subsection (b) of this section.

     (g) A facility is considered to have failed to comply with a corrective action plan if the

facility fails to address a violation within the specified period of time contained in the plan.

 

543)

Section

Added By Chapter Numbers:

 

23-103-8

418 and 442

 

 

23-103-8. Administrative penalty.

     (a) The commission may impose an administrative penalty on a facility in accordance with

this chapter if the facility fails to:

     (1) Respond to the commission's request to submit a corrective action plan; or

     (2) Comply with the requirements of a corrective action plan submitted to the commission.

     (b) The commission may impose an administrative penalty on a facility for a violation of

each requirement of this chapter. The commission shall set the penalty in an amount sufficient to

ensure compliance by facilities with the provisions of this chapter subject to the limitations

prescribed by subsection (c) of this section.

     (c) For a facility with one of the following total gross revenues as reported to the Centers

for Medicare and Medicaid Services or to another entity designated by commission rule in the year

preceding the year in which a penalty is imposed, the penalty imposed by the commission may not

exceed:

     (1) Ten dollars ($10.00) for each day the facility violated this chapter, if the facility's total

gross revenue is less than ten million dollars ($10,000,000);

     (2) One hundred dollars ($100) for each day the facility violated this chapter, if the facility's

total gross revenue is ten million dollars ($10,000,000) or more and less than one hundred million

dollars ($100,000,000); and

     (3) One thousand dollars ($1,000) for each day the facility violated this chapter, if the

facility's total gross revenue is one hundred million dollars ($100,000,000) or more.

     (d) Each day a violation continues is considered a separate violation.

     (e) In determining the amount of the penalty, the commission shall consider:

     (1) Previous violations by the facility's operator;

     (2) The seriousness of the violation;

     (3) The demonstrated good faith of the facility's operator; and

     (4) Any other matters as justice may require.

     (f) An administrative penalty collected under this chapter shall be deposited to the credit

of an account in the general revenue fund administered by the commission. Money in the account

may be appropriated only to the commission.

 

544)

Section

Added By Chapter Numbers:

 

23-103-9

418 and 442

 

 

23-103-9. Legislative recommendations.

     The commission may propose to the legislature recommendations for amending this

chapter, including recommendations in response to amendments by the Centers for Medicare and

Medicaid Services to 45 C.F.R. Part 180.

 

 

 

545)

Section

Amended By Chapter Numbers:

 

24-15-10

75 and 76

 

 

24-15-10. Creation of board.

     There is hereby authorized, created, and established within the executive department a

scenic roadways board consisting of eleven (11) nine (9) members as follows: one member shall

be the director of the department of transportation or his or her the director's designee who shall be

a subordinate within the department of transportation; one member shall be the director of the

department of environmental management or his or her the director's designee who shall be a

subordinate within the department of environmental management; one member shall be the chair

of the historic historical preservation and heritage commission; one member shall be appointed

by the governor with the advice and consent of the senate giving due consideration to the

recommendation of Grow Smart Rhode Island; one member shall be appointed by the governor

with the advice and consent of the senate giving due consideration to the recommendation of the

Rhode Island builders association; six (6) four (4) members shall be appointed by the governor

from the general public with the advice and consent of the senate, in making these appointments,

the governor shall take into consideration the impact on the local communities. The governor shall

give due consideration to members of local land trusts, chamber of commerce recommendations,

and shall also consider the need for individuals with expertise in landscape architecture, community

planning, and/or transportation engineers with experience with traffic calming and flexible design

policies. The members shall be chosen as far as is reasonably practicable to represent geographical

diversity and communities where designated scenic roadways exist. During the month of January,

in each year, the governor shall appoint a member to succeed the departing member. The newly

appointed member shall serve for a term of three (3) years or until their respective successors are

appointed and qualified. The members of the board shall be eligible to succeed themselves. Any

vacancy of a public member which that may occur in the board shall be filled by appointment by

the governor for the remainder of the unexpired term in the same manner as the member’s

predecessor as prescribed in this section. The membership of the board shall receive no

compensation for their services, and shall not be reimbursed for any expenses. Those members of

the board as of the effective date of this act [July 9, 2005] who were appointed to the board by

members of the general assembly shall cease to be members of the board on the effective date of

this act, and the governor shall thereupon appoint the four (4) new members as prescribed in this

section. Those members of the board as of the effective date of this act [July 9, 2005] who were

appointed to the board by the governor shall continue to serve the balance of their current terms.

Upon the expiration of the term of the member representing the Audubon Society of Rhode Island,

the governor shall appoint a new member, and shall give due consideration to the recommendation

of Grow Smart Rhode Island. Thereafter, the appointments shall be made by the governor as

prescribed in this section. No one shall be eligible for appointment unless he or she is they are a

resident of this state. The director of the department of transportation shall direct staff to support

the board within the constraints of available resources.

 

546)

Section

Amended By Chapter Numbers:

 

24-15-10.1

75 and 76

 

 

24-15-10.1. Chair, quorum and removal for cause.

     (a) Upon the passage of this act and the appointment and qualification of the four (4) new

members prescribed in § 24-15-10, the board shall meet at the call of the director of transportation

and shall elect from among the members a chair and a vice-chair. Thereafter, the board shall

annually elect in February a chair and a vice-chair from among the members. The board may elect

from among its members such other officers as it deems necessary.

     (b) Six (6) Five (5) members of the board shall constitute a quorum, and a majority vote of

those present and voting shall be required for action.

     (c) Members of the board shall be removable by the governor pursuant to § 36-1-7 and for

cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for

the office shall be unlawful.

 

547)

Section

Added By Chapter Numbers:

 

25-2-60

61 and 62

 

 

25-2-60. Gold star spouses day.

     The fifth day in April in each and every year shall be set aside as a day to be known as

"Rhode Island Gold Star Spouses Day." This nation and state owe an enormous debt to the

surviving loved ones of military service members who died while serving their country and this

day offers remembrance for the spouses and their families and a time of recognition of their

sacrifices. The day is to be observed by the people of this state with appropriate exercises in public

places, and shall cause a display of the state and American flags to be flown at half-staff over the

Rhode Island state house to commemorate this day of remembrance to honor their memory.

 

548)

Section

Added By Chapter Numbers:

 

25-2-61

166 and 167

 

 

25-2-61. Lowering of flags to half-mast on state buildings to honor first responders.

     (a) The governor shall order the lowering of flags to half-mast upon the flagstaff of any

state buildings within this state annually on October 28 to honor the passing of first responders who

have served the state, including both on-duty and retired members of the police and fire

departments, emergency medical technicians, national guard and other military units, and all others,

in memory of those first responders who have become deceased.

     (b) As used in this section, the term "flags" includes both the Rhode Island state flag as

defined in § 42-4-3 and the flag of the United States of America as defined in § 11-15-1.

 

549)

Section

Added By Chapter Numbers:

 

27-1-46

354 and 355

 

 

27-1-46. Information security program.

     (a) Commensurate with the size and complexity of an insurer, the nature and scope of an

insurer's activities, including its use of third-party service providers, and the sensitivity of the

nonpublic information used by the insurer or in the insurer’s possession, custody, or control, each

domestic insurance company shall develop, implement, and maintain a comprehensive written

information security program, based on the insurer's risk assessment and that contains

administrative, technical, and physical safeguards for the protection of nonpublic information and

the insurer's information system. For purposes of this chapter, “information security program”

means the administrative, technical, and physical safeguards that an insurer uses to access, collect,

distribute, process, protect, store, use, transmit, dispose of, or otherwise handle, nonpublic

information. "Publicly available information" means any information that a licensee has a

reasonable basis to believe is lawfully made available to the general public from: federal, state, or

local government records; widely distributed media; or disclosures to the general public that are

required to be made by federal, state, or local law. “Nonpublic information” means information

that is not publicly available information and is:

     (1) Business-related information of a licensee, the tampering with which, or unauthorized

disclosure, access, or use of which, would cause a material adverse impact to the business,

operations, or security of the licensee;

     (2) Any information concerning a consumer which, because of name, number, personal

mark, or other identifier, can be used to identify such consumer, in combination with any one or

more of the following data elements:

     (i) Social security number;

     (ii) Driver’s license number or non-driver identification card number;

     (iii) Account number, credit, or debit card number;

     (iv) Any security code, access code, or password that would permit access to a consumer’s

financial account; or

     (v) Biometric records.;

     (3) Any information or data, except age or gender, in any form or medium created by or

derived from a health carehealthcare provider or a consumer and that relates to:

     (i) The past, present, or future physical, mental, behavioral health, or medical condition of

any consumer or a member of the consumer’s family;

     (ii) The provision of health care to any consumer; or

     (iii) Payment for the provision of health care to any consumer.

     (b) Objectives of information security program. An insurer's information security program

shall be designed to:

     (1) Protect the security and confidentiality of nonpublic information and the security of the

information system;

     (2) Protect against any threats or hazards to the security or integrity of nonpublic

information and the information system;

     (3) Protect against unauthorized access to or use of nonpublic information, and minimize

the likelihood of harm to any consumer. For purposes of this section, “consumer” means an

individual, including, but not limited to, applicants, policyholders, insureds, beneficiaries,

claimants, and certificate holders, who is a resident of this state and whose nonpublic information

is in an insurer’s possession, custody, or control; and

     (4) Define and periodically reevaluate a schedule for retention of nonpublic information

and a mechanism for its destruction when no longer needed.

     (c) Risk assessment. The insurer shall:

     (1) Designate one or more employees, an affiliate, or an outside vendor designated to act

on behalf of the insurer who is responsible for the information security program;

     (2) Identify reasonably foreseeable internal or external threats that could result in

unauthorized access, transmission, disclosure, misuse, alteration, or destruction of nonpublic

information, including the security of information systems and nonpublic information that are

accessible to, or held by, third-party service providers. “Third-party service providers” means a

person, not otherwise defined as a licensee, that contracts with a licensee to maintain, process, store,

or otherwise is permitted access to nonpublic information through its provision of services to the

licensee. Third-party service providers does not include licensed insurance producers;

     (3) Assess the likelihood and potential damage of these threats, taking into consideration

the sensitivity of the nonpublic information;

     (4) Assess the sufficiency of policies, procedures, information systems, and other

safeguards in place to manage these threats, including consideration of threats in each relevant area

of the insurer's operations, including:

     (i) Employee training and management;

     (ii) Information systems, including network and software design, as well as information

classification, governance, processing, storage, transmission, and disposal; and

     (iii) Detecting, preventing, and responding to attacks, intrusions, or other systems failures;

and

     (5) Implement information safeguards to manage the threats identified in its ongoing

assessment, and no less than annually, assess the effectiveness of the safeguards' key controls,

systems, and procedures.

     (d) Risk management. Based on its risk assessment, the insurer shall:

     (1) Design its information security program to mitigate the identified risks, commensurate

with the size and complexity of the insurer's activities, including its use of third-party service

providers, and the sensitivity of the nonpublic information used by the insurer or in the insurer's

possession, custody, or control;

     (2) Determine which security measures listed below are appropriate and implement such

security measures:

     (i) Place access controls on information systems, including controls to authenticate and

permit access only to authorized individuals to protect against the unauthorized acquisition of

nonpublic information. “Authorized individual” means an individual known to and screened by the

insurer, and determined to be necessary and appropriate to have access to the nonpublic information

held by the insurer, and the insurer’s information systems;

     (ii) Identify and manage the data, personnel, devices, systems, and facilities that enable the

organization to achieve business purposes in accordance with their relative importance to business

objectives and the organization's risk strategy;

     (iii) Restrict access at physical locations containing nonpublic information only to

authorized individuals;

     (iv) Protect, by encryption or other appropriate means, all nonpublic information while

being transmitted over an external network and all nonpublic information stored on a laptop

computer or other portable computing or storage device or media;

     (v) Adopt secure development practices for in-house developed applications utilized by the

insurer and procedures for evaluating, assessing, or testing the security of externally developed

applications utilized by the insurer.;

     (vi) Modify the information system in accordance with the insurer's information security

program;

     (vii) Utilize effective controls, which may include multi-factor authentication procedures

for any individual accessing nonpublic information;

     (viii) Regularly test and monitor systems and procedures to detect actual and attempted

attacks on, or intrusions into, information systems;

     (ix) Include audit trails within the information security program designed to detect and

respond to cybersecurity events and designed to reconstruct material financial transactions

sufficient to support normal operations and obligations of the insurer;

     (x) Implement measures to protect against destruction, loss, or damage of nonpublic

information due to environmental hazards, such as fire and water damage or other catastrophes or

technological failures; and

     (xi) Develop, implement, and maintain procedures for the secure disposal of nonpublic

information in any format;

     (3) Include cybersecurity risks in the insurer's enterprise risk management process;

     (4) Stay informed regarding emerging threats or vulnerabilities and utilize reasonable

security measures when sharing information relative to the character of the sharing and the type of

information shared; and

     (5) Provide its personnel with cybersecurity awareness training that is updated as necessary

to reflect risks identified by the insurer in the risk assessment.

     (e) Oversight by board of directors. If the insurer has a board of directors, the board or an

appropriate committee of the board shall, at a minimum:

     (1) Require the insurer's executive management or its designees to develop, implement,

and maintain the insurer's information security program;

     (2) Require the insurer's executive management or its designees to report in writing at least

annually, the following information:

     (i) The overall status of the information security program and the insurer's compliance with

this chapter; and

     (ii) Material matters related to the information security program, addressing issues such as

risk assessment, risk management and control decisions, third-party service provider arrangements,

results of testing, cybersecurity events or violations and management's responses thereto, or

recommendations for changes in the information security program; and

     (3) If executive management delegates any of its responsibilities pursuant to this section,

it shall oversee the development, implementation, and maintenance of the insurer's information

security program prepared by the designee(s) and shall receive a report from the designee(s)

complying with the requirements of the report to the board of directors.

     (f) Oversight of third-party service provider arrangements.

     (1) An insurer shall exercise due diligence in selecting its third-party service provider; and

     (2) An insurer shall take reasonable steps to request a third-party service provider to

implement appropriate administrative, technical, and physical measures to protect and secure the

information systems and nonpublic information that are accessible to, or held by, the third-party

service provider.

     (g) Program adjustments. The insurer shall monitor, evaluate, and adjust, as appropriate,

the information security program consistent with any relevant changes in technology, the sensitivity

of its nonpublic information, internal or external threats to information, and the insurer's own

changing business arrangements, such as mergers and acquisitions, alliances and joint ventures,

outsourcing arrangements, and changes to information systems.

     (h) Incident response plan:

     (1) As part of its information security program, each insurer shall establish a written

incident response plan designed to promptly respond to, and recover from, any cybersecurity event

that compromises the confidentiality, integrity, or availability of nonpublic information in its

possession, the insurer's information systems, or the continuing functionality of any aspect of the

insurer's business or operations;.

     (2) Such incident response plan shall address the following areas:

     (i) The internal process for responding to a cybersecurity event;

     (ii) The goals of the incident response plan;

     (iii) The definition of clear roles, responsibilities, and levels of decision-making authority;

     (iv) External and internal communications and information sharing;

     (v) Identification of requirements for the remediation of any identified weaknesses in

information systems and associated controls;

     (vi) Documentation and reporting regarding cybersecurity events and related incident

response activities; and

     (vii) The evaluation and revision as necessary of the incident response plan following a

cybersecurity event.

     (3) If the insurer learns that a cybersecurity event has or may have occurred, the insurer, or

an outside vendor and/or service provider designated to act on behalf of the insurer, shall conduct

a prompt investigation. For purposes of this section, “cybersecurity event” means an event resulting

in unauthorized access to, disruption or misuse of, an information system or nonpublic information

stored on such information system. This does not include the unauthorized acquisition of encrypted

nonpublic information if the encryption, process, or key is not also acquired, released, or used

without authorization. This also does not include an event with regard to which the insurer has

determined that the nonpublic information accessed by an unauthorized person has not been used

or released and has been returned or destroyed.

     (i) During the investigation, the insurer, or an outside vendor and/or service provider

designated to act on behalf of the insurer, shall, at a minimum, determine as much of the following

information as possible:

     (A) Whether a cybersecurity event has occurred;

     (B) Assess the nature and scope of the cybersecurity event;

     (C) Identify any nonpublic information that may have been involved in the cybersecurity

event; and

     (D) Perform or oversee reasonable measures to restore the security of the information

systems compromised in the cybersecurity event in order to prevent further unauthorized

acquisition, release, or use of nonpublic information in the insurer's possession, custody, or control.

     (ii) If the insurer learns that a cybersecurity event has or may have occurred in a system

maintained by a third-party service provider, and it has or may have impacted the insurer's

nonpublic information, the insurer shall make reasonable efforts to complete the steps set forth in

subsection (a) of this section or make reasonable efforts to confirm and document that the third-

party service provider has completed those steps.

     (iii) The insurer shall maintain records concerning all cybersecurity events for a period of

at least five (5) years from the date of the cybersecurity event. The insurer shall produce those

records upon demand of the commissioner pursuant to chapter 13.1 of this title27 or other statutory

authority.

     (i) Annually, each insurer domiciled in this state shall submit to the commissioner a written

statement by April 15 certifying that the insurer is in compliance with the requirements set forth in

this section. Each insurer shall maintain for examination by the department all records, schedules,

and data supporting this certificate for a period of five (5) years. To the extent an insurer has

identified areas, systems, or processes that require material improvement, updating or redesign, the

insurer shall document the identification and the remedial efforts planned and underway to address

such areas, systems, or processes. This documentation must be available for inspection by the

commissioner pursuant to a request under chapter 13.1 of this title27 or other statutory authority.

     (j) If an insurer domiciled in this state has an information security program that is prepared

for and in compliance with Pub. L. No. 104-191, 110 Stat. 1936, enacted August 21, 1996 (Health

Insurance Portability and Accountability Act) and related privacy, security, and breach notification

regulations pursuant to Code of Federal Regulations, Parts 160 and 164, and Pub. L. No. 111-5,

123 Stat. 226, enacted February 17, 2009 (Health Information Technology), insurers can rely on

that plan to certify their compliance with subsection (i) of this section.

 

550)

Section

Added By Chapter Numbers:

 

27-1-47

354 and 355

 

 

27-1-47. Notification of a cybersecurity event.

     (a) Each domestic insurer shall notify the commissioner as promptly as possible but in no

event later than three (3) business days from a determination that a cybersecurity event has occurred

when either of the following criteria has been met:

     (1) A cybersecurity event impacting the insurer of which notice is required to be provided

to any government body, self-regulatory agency, or any other supervisory body pursuant to any

state or federal law; or

     (2) A cybersecurity event that has a reasonable likelihood of materially harming:

     (i) Any consumer residing in this state; or

     (ii) Any material part of the normal operation(s) of the insurer.

     (b) The insurer shall provide any information required by this section in electronic form as

directed by the commissioner. The insurer shall have a continuing obligation to update and

supplement initial and subsequent notifications to the commissioner concerning the cybersecurity

event. The insurer shall provide as much of the following information as possible. The insurer

should indicate whether it is making claims under chapter 2 of title 38 to any of the information

provided. The following information shall be provided:

     (1) Date of the cybersecurity event;

     (2) Description of how the information was exposed, lost, stolen, or breached, including

the specific roles and responsibilities of third-party service providers, if any;

     (3) How the cybersecurity event was discovered;

     (4) Whether any lost, stolen, or breached information has been recovered and if so, how

this recovery was achieved;

     (5) The identity of the source of the cybersecurity event;

     (6) Whether the insurer has filed a police report or has notified any regulatory, government,

or law enforcement agencies and, if so, when such notification was provided;

     (7) Description of the specific types of information acquired without authorization.

Specific types of information consisting of particular data elements including, for example, types

of medical information, types of financial information, or types of information allowing

identification of the consumer;

     (8) The period during which the information system was compromised by the cybersecurity

event;

     (9) The number of total consumers in this state affected by the cybersecurity event. The

insurer shall provide the best estimate in the initial report to the commissioner and update this

estimate with each subsequent report to the commissioner pursuant to this section;

     (10) The results of any internal review identifying a lapse in either automated controls or

internal procedures, or confirming that all automated controls or internal procedures were followed;

     (11) Description of efforts being undertaken to remediate the situation whichthat permitted

the cybersecurity event to occur;

     (12) A copy of the insurer privacy policy and a statement outlining the steps the insurer

will take to investigate and notify consumers affected by the cybersecurity event; and

     (13) Name of a contact person who is both familiar with the cybersecurity event and

authorized to act for the insurer.

     (c) An insurer shall comply with chapter 49.3 of title 11, as applicable, and provide a copy

of the notice sent to consumers under that chapter to the commissioner, when an insurer is required

to notify the commissioner.

     (d) Notice regarding cybersecurity events of third-party service providers:

     (1) In the case of a cybersecurity event involving an insurer's nonpublic information in a

system maintained by a third-party service provider, of which the insurer has become aware, the

insurer shall treat that event as it would under subsection (a) of this section;

     (2) The computation of the insurer's deadlines shall begin on the day after the third-party

service provider notifies the insurer of the cybersecurity event or the insurer otherwise has actual

knowledge of the cybersecurity event, whichever is sooner;

     (3) Nothing in this chapter shall prevent or abrogate an agreement between an insurer and

another insurer, a third-party service provider, or any other party to fulfill any of the investigation

requirements or notice requirements imposed under this section.

     (e) Notice regarding cybersecurity events of reinsurers to insurers:

     (1)(i) In the case of a cybersecurity event involving nonpublic information that is used by

the insurer that is acting as an assuming insurer or in the possession, custody, or control of an

insurer that is acting as an assuming insurer and that does not have a direct contractual relationship

with the affected consumers, the assuming insurer shall notify its affected ceding insurers and the

commissioner of its state of domicile within seventy-two (72) hours of making the determination

that a cybersecurity event has occurred;

     (ii) The ceding insurers that have a direct contractual relationship with affected consumers

shall fulfill the consumer notification requirements imposed under chapter 49.3 of title 11,

("identity theft protection act of 2015"), and any other notification requirements relating to a

cybersecurity event imposed under this section.

     (2)(i) In the case of a cybersecurity event involving nonpublic information that is in the

possession, custody, or control of a third-party service provider of an insurer that is an assuming

insurer, the assuming insurer shall notify its affected ceding insurers and the commissioner of its

state of domicile within seventy-two (72) hours of receiving notice from its third-party service

provider that a cybersecurity event has occurred;

     (ii) The ceding insurers that have a direct contractual relationship with affected consumers

shall fulfill the consumer notification requirements imposed under chapter 49.3 of title 11 and any

other notification requirements relating to a cybersecurity event imposed under this section.

     (f) Notice regarding cybersecurity events of insurers to producers of record.

     (1) In the case of a cybersecurity event involving nonpublic information that is in the

possession, custody, or control of an insurer that is an insurer or its third-party service provider and

for which a consumer accessed the insurer's services through an independent insurance producer,

the insurer shall notify the producers of record of all affected consumers as soon as practicable as

directed by the commissioner.

     (2) The insurer is excused from this obligation for those instances in which it does not have

the current producer of record information for any individual consumer.

 

 

 

551)

Section

Added By Chapter Numbers:

 

27-2-29

354 and 355

 

 

27-2-29. Information security program.

     (a) Commensurate with the size and complexity of an insurer, the nature and scope of an

insurersinsurer’s activities, including its use of third-party service providers, and the sensitivity of

the nonpublic information used by the insurer or in the insurer’s possession, custody, or control,

each foreign insurance company shall develop, implement, and maintain a comprehensive written

information security program, based on the insurer's risk assessment and that contains

administrative, technical, and physical safeguards for the protection of nonpublic information and

the insurer's information system. For purposes of this section, “information security program”

means the administrative, technical, and physical safeguards that an insurer uses to access, collect,

distribute, process, protect, store, use, transmit, dispose of, or otherwise handle nonpublic

information. "Publicly available information" means any information that a licensee has a

reasonable basis to believe is lawfully made available to the general public from: federal, state, or

local government records; widely distributed media; or disclosures to the general public that are

required to be made by federal, state, or local law. “Nonpublic information” means information

that is not publicly available information and is:

     (1) Business-related information of a licensee, the tampering with which, or unauthorized

disclosure, access, or use of which, would cause a material adverse impact to the business,

operations, or security of the licensee;

     (2) Any information concerning a consumer which, because of name, number, personal

mark, or other identifier can be used to identify such consumer, in combination with any one or

more of the following data elements:

     (i) Social security number;

     (ii) Driver's license number or non-driver identification card number;

     (iii) Account number, credit or debit card number;

     (iv) Any security code, access code, or password that would permit access to a consumer's

financial account; or

     (v) Biometric records;

     (3) Any information or data, except age or gender, in any form or medium created by or

derived from a health carehealthcare provider or a consumer and that relates to:

     (i) The past, present, or future physical, mental, behavioral health, or medical condition of

any consumer or a member of the consumer's family;

     (ii) The provision of health care to any consumer; or

     (iii) Payment for the provision of health care to any consumer,.

     (b) Objectives of information security program. An insurer's information security program

shall be designed to:

     (1) Protect the security and confidentiality of nonpublic information and the security of the

information system.;

     (2) Protect against any threats or hazards to the security or integrity of nonpublic

information and the information system;

     (3) Protect against unauthorized access to or use of nonpublic information, and minimize

the likelihood of harm to any consumer. For the purposes of this section, “consumer” means an

individual, including, but not limited to, applicants, policyholders, insureds, beneficiaries,

claimants, and certificate holders, who is a resident of this state and whose nonpublic information

is in an insurer’s possession, custody, or control.; and

     (4) Define and periodically reevaluate a schedule for retention of nonpublic information

and a mechanism for its destruction when no longer needed.

     (c) Risk assessment. The insurer shall:

     (1) Designate one or more employees, an affiliate, or an outside vendor designated to act

on behalf of the insurer who is responsible for the information security program;

     (2) Identify reasonably foreseeable internal or external threats that could result in

unauthorized access, transmission, disclosure, misuse, alteration, or destruction of nonpublic

information, including the security of information systems and nonpublic information that are

accessible to, or held by, third-party service providers. For purposes of this section, “third-party

service providers” means a person, not otherwise defined as a licensee, that contracts with a licensee

to maintain, process, store or otherwise is permitted access to nonpublic information through its

provision of services to the licensee;

     (3) Assess the likelihood and potential damage of these threats, taking into consideration

the sensitivity of the nonpublic information;

     (4) Assess the sufficiency of policies, procedures, information systems, and other

safeguards in place to manage these threats, including consideration of threats in each relevant area

of the insurer's operations, including:

     (i) Employee training and management;

     (ii) Information systems, including network and software design, as well as information

classification, governance, processing, storage, transmission, and disposal; and

     (iii) Detecting, preventing, and responding to attacks, intrusions, or other systems failures;

and

     (5) Implement information safeguards to manage the threats identified in its ongoing

assessment, and no less than annually, assess the effectiveness of the safeguards' key controls,

systems, and procedures.

     (d) Risk management. Based on its risk assessment, the insurer shall:

     (1) Design its information security program to mitigate the identified risks, commensurate

with the size and complexity of the insurer's activities, including its use of third-party service

providers, and the sensitivity of the nonpublic information used by the insurer or in the insurer's

possession, custody, or control;

     (2) Determine which security measures listed below are appropriate and implement such

security measures:

     (i) Place access controls on information systems, including controls to authenticate and

permit access only to authorized individuals to protect against the unauthorized acquisition of

nonpublic information. “Authorized individual” means an individual known to and screened by

the insurer and determined to be necessary and appropriate to have access to the nonpublic

information held by the insurer and its information systems;

     (ii) Identify and manage the data, personnel, devices, systems, and facilities that enable the

organization to achieve business purposes in accordance with their relative importance to business

objectives and the organization's risk strategy;

     (iii) Restrict access at physical locations containing nonpublic information only to

authorized individuals;

     (iv) Protect, by encryption or other appropriate means, all nonpublic information while

being transmitted over an external network and all nonpublic information stored on a laptop

computer or other portable computing or storage device or media;

     (v) Adopt secure development practices for in-house developed applications utilized by the

insurer and procedures for evaluating, assessing, or testing the security of externally developed

applications utilized by the insurer;

     (vi) Modify the information system in accordance with the insurer's information security

program;

     (vii) Utilize effective controls, which may include multi-factor authentication procedures

for any individual accessing nonpublic information;

     (viii) Regularly test and monitor systems and procedures to detect actual and attempted

attacks on, or intrusions into, information systems;

     (ix) Include audit trails within the information security program designed to detect and

respond to cybersecurity events and designed to reconstruct material financial transactions

sufficient to support normal operations and obligations of the insurer;

     (x) Implement measures to protect against destruction, loss, or damage of nonpublic

information due to environmental hazards, such as fire and water damage or other catastrophes or

technological failures; and

     (xi) Develop, implement, and maintain procedures for the secure disposal of nonpublic

information in any format;

     (3) Include cybersecurity risks in the insurer's enterprise risk management process;

     (4) Stay informed regarding emerging threats or vulnerabilities and utilize reasonable

security measures when sharing information relative to the character of the sharing and the type of

information shared; and

     (5) Provide its personnel with cybersecurity awareness training that is updated as necessary

to reflect risks identified by the insurer in the risk assessment.

     (e) Oversight by board of directors. If the insurer has a board of directors, the board or an

appropriate committee of the board shall, at a minimum:

     (1) Require the insurer's executive management or its designees to develop, implement,

and maintain the insurer's information security program;

     (2) Require the insurer's executive management or its designees to report in writing at least

annually, the following information:

     (i) The overall status of the information security program and the insurer's compliance with

this chapter; and

     (ii) Material matters related to the information security program, addressing issues such as

risk assessment, risk management and control decisions, third-party service provider arrangements,

results of testing, cybersecurity events or violations and management's responses thereto, or

recommendations for changes in the information security program; and

     (3) If executive management delegates any of its responsibilities pursuant to this section,

it shall oversee the development, implementation, and maintenance of the insurer's information

security program prepared by the designee(s) and shall receive a report from the designee(s)

complying with the requirements of the report to the board of directors.

     (f) Oversight of third-party service provider arrangements.

     (1) An insurer shall exercise due diligence in selecting its third-party service provider; and

     (2) An insurer shall take reasonable steps to request a third-party service provider to

implement appropriate administrative, technical, and physical measures to protect and secure the

information systems and nonpublic information that are accessible to, or held by, the third-party

service provider.

     (g) Program adjustments. The insurer shall monitor, evaluate, and adjust, as appropriate,

the information security program consistent with any relevant changes in technology, the sensitivity

of its nonpublic information, internal or external threats to information, and the insurer's own

changing business arrangements, such as mergers and acquisitions, alliances and joint ventures,

outsourcing arrangements, and changes to information systems.

     (h) Incident response plan:

     (1) As part of its information security program, each insurer shall establish a written

incident response plan designed to promptly respond to, and recover from, any cybersecurity event

that compromises the confidentiality, integrity, or availability of nonpublic information in its

possession, the insurer's information systems, or the continuing functionality of any aspect of the

insurer's business or operations;.

     (2) Such incident response plan shall address the following areas:

     (i) The internal process for responding to a cybersecurity event;

     (ii) The goals of the incident response plan;

     (iii) The definition of clear roles, responsibilities, and levels of decision-making authority;

     (iv) External and internal communications and information sharing;

     (v) Identification of requirements for the remediation of any identified weaknesses in

information systems and associated controls;

     (vi) Documentation and reporting regarding cybersecurity events and related incident

response activities; and

     (vii) The evaluation and revision as necessary of the incident response plan following a

cybersecurity event.

     (3) If the insurer learns that a cybersecurity event has or may have occurred, the insurer, or

an outside vendor and/or service provider designated to act on behalf of the insurer, shall conduct

a prompt investigation. For the purposes of this section, “cybersecurity event” means an event

resulting in unauthorized access to, disruption, or misuse of, an information system or nonpublic

information stored on such information system. This does not include the unauthorized acquisition

of encrypted nonpublic information if the encryption, process, or key is not also acquired, released,

or used without authorization. This also does not include an event with regard to which the insurer

has determined that the nonpublic information accessed by an unauthorized person has not been

used or released and has been returned or destroyed.

     (i) During the investigation, the insurer, or an outside vendor and/or service provider

designated to act on behalf of the insurer, shall, at a minimum, determine as much of the following

information as possible:

     (A) Whether a cybersecurity event has occurred;

     (B) Assess the nature and scope of the cybersecurity event;

     (C) Identify any nonpublic information that may have been involved in the cybersecurity

event; and

     (D) Perform or oversee reasonable measures to restore the security of the information

systems compromised in the cybersecurity event in order to prevent further unauthorized

acquisition, release, or use of nonpublic information in the insurer's possession, custody, or control.

     (ii) If the insurer learns that a cybersecurity event has or may have occurred in a system

maintained by a third-party service provider, and it has or may have impacted the insurer's

nonpublic information, the insurer shall make reasonable efforts to complete the steps set forth in

subsection (h)(3)(i) of this section or make reasonable efforts to confirm and document that the

third-party service provider has completed those steps.

     (iii) The insurer shall maintain records concerning all cybersecurity events for a period of

at least five (5) years from the date of the cybersecurity event. The insurer andshall produce those

records upon demand of the commissioner pursuant to chapter 13.1 of this title27 or other statutory

authority.

 

552)

Section

Added By Chapter Numbers:

 

27-2-30

354 and 355

 

 

27-2-30. Notification of a cybersecurity event.

     (a) Each insurer shall notify the commissioner as promptly as possible but in no event later

than three (3) business days from a determination that a cybersecurity event has occurred when the

insurer reasonably believes that the nonpublic information involved affects two hundred fifty (250)

or more consumers residing in this state and that either of the following apply:

     (1) A cybersecurity event impacting the insurer of which notice is required to be provided

to any government body, self-regulatory agency, or any other supervisory body pursuant to any

state or federal law; or

     (2) A cybersecurity event that has a reasonable likelihood of materially harming:

     (i) Any consumer residing in this state; or

     (ii) Any material part of the normal operation(s) of the insurer.

     (b) The insurer shall provide any information required by this section in electronic form as

directed by the commissioner. The insurer shall have a continuing obligation to update and

supplement initial and subsequent notifications to the commissioner concerning the cybersecurity

event. The insurer should indicate whether it is making claims under chapter 2 of title 38 to any of

the information provided. The following information shall be provided:

     (1) Date of the cybersecurity event;

     (2) Description of how the information was exposed, lost, stolen, or breached, including

the specific roles and responsibilities of third-party service providers, if any;

     (3) How the cybersecurity event was discovered;

     (4) Whether any lost, stolen, or breached information has been recovered and if so, how

this recovery was achieved;

     (5) The identity of the source of the cybersecurity event;

     (6) Whether the insurer has filed a police report or has notified any regulatory, government,

or law enforcement agencies and, if so, when such notification was provided;

     (7) Description of the specific types of information acquired without authorization.

Specific types of information consisting of particular data elements including, for example, types

of medical information, types of financial information, or types of information allowing

identification of the consumer;

     (8) The period during which the information system was compromised by the cybersecurity

event;

     (9) The number of total consumers in this state affected by the cybersecurity event. The

insurer shall provide the best estimate in the initial report to the commissioner and update this

estimate with each subsequent report to the commissioner pursuant to this section;

     (10) The results of any internal review identifying a lapse in either automated controls or

internal procedures, or confirming that all automated controls or internal procedures were followed;

     (11) Description of efforts being undertaken to remediate the situation whichthat permitted

the cybersecurity event to occur;

     (12) A copy of the insurer privacy policy and a statement outlining the steps the insurer

will take to investigate and notify consumers affected by the cybersecurity event; and

     (13) Name of a contact person who is both familiar with the cybersecurity event and

authorized to act for the insurer.

     (c) An insurer shall comply with chapter 49.3 of title 11, as applicable, and provide a copy

of the notice sent to consumers under that chapter to the commissioner, when an insurer is required

to notify the commissioner.

     (d) Notice regarding cybersecurity events of third-party service providers:

     (1) In the case of a cybersecurity event involving an insurer's nonpublic information in a

system maintained by a third-party service provider, of which the insurer has become aware, the

insurer shall treat that event as it would under subsection (a) of this section;

     (2) The computation of the insurer's deadlines shall begin on the day after the third-party

service provider notifies the insurer of the cybersecurity event or the insurer otherwise has actual

knowledge of the cybersecurity event, whichever is sooner;

     (3) Nothing in this chapter shall prevent or abrogate an agreement between an insurer and

another insurer, a third-party service provider, or any other party to fulfill any of the investigation

requirements imposed under § 27-1.3-5 or notice requirements imposed under this section.

     (e) Notice regarding cybersecurity events of reinsurers to insurers:

     (1)(i) In the case of a cybersecurity event involving nonpublic information that is used by

the insurer that is acting as an assuming insurer or in the possession, custody, or control of an

insurer that is acting as an assuming insurer and that does not have a direct contractual relationship

with the affected consumers, the assuming insurer shall notify its affected ceding insurers and the

commissioner of its state of domicile within seventy-two (72) hours of making the determination

that a cybersecurity event has occurred;

     (ii) The ceding insurers that have a direct contractual relationship with affected consumers

shall fulfill the consumer notification requirements imposed under chapter 49.3 of title 11,

("identity theft protection act of 2015"), and any other notification requirements relating to a

cybersecurity event imposed under this section;.

     (2)(i) In the case of a cybersecurity event involving nonpublic information that is in the

possession, custody, or control of a third-party service provider of an insurer that is an assuming

insurer, the assuming insurer shall notify its affected ceding insurers and the commissioner of its

state of domicile within seventy-two (72) hours of receiving notice from its third-party service

provider that a cybersecurity event has occurred;

     (ii) The ceding insurers that have a direct contractual relationship with affected consumers

shall fulfill the consumer notification requirements imposed under chapter 49.3 of title 11 and any

other notification requirements relating to a cybersecurity event imposed under this section.

     (f) Notice regarding cybersecurity events of insurers to producers of record.

     (1) In the case of a cybersecurity event involving nonpublic information that is in the

possession, custody, or control of an insurer or its third-party service provider and for which a

consumer accessed the insurer's services through an independent insurance producer, the insurer

shall notify the producers of record of all affected consumers as soon as practicable as directed by

the commissioner.

     (2) The insurer is excused from this obligation for those instances in which it does not have

the current producer of record information for any individual consumer.

 

553)

Section

Amended By Chapter Numbers:

 

27-2.4-2

318 and 319

 

 

27-2.4-2. Definitions.

     The following definitions apply to For purposes of this chapter:

     (1) “Business entity” means a corporation, association, partnership, limited liability

company, limited liability partnership, or other legal entity;.

     (2) “Contracted producer report” means the annual report that all insurers contracting with

insurance producers must provide to the department on or by March 1 listing each insurance

producer to whom the insurer paid one hundred dollars ($100) or more in commissions for the

preceding calendar year of January 1 to December 31. The department shall prescribe the form and

manner of reporting.

     (32) “Department” means the department of business regulation;.

     (43) “Home state” means any state or territory of the United States, or the District of

Columbia, in which an insurance producer maintains his or her their principal place of residence or

principal place of business and is licensed to act as an insurance producer;.

     (54) “Insurance” means any of the lines of authority set forth in this title;.

     (65) “Insurance commissioner” means the director of the department of business regulation

or his or her the director's designee;.

     (76) “Insurance producer” means a person required to be licensed under the laws of this

state to sell, solicit, or negotiate insurance;.

     (87) “Insurer” means: (i) any Any person, reciprocal exchange, interinsurer, Lloyds

insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance,

including insurance producers; (ii) notwithstanding Notwithstanding §§ 27-19-2, 27-20-2, 27-

20.1-2, 27-20.2-2, 27-20.3-2, and 27-41-22, all of whom shall be engaged in the business of

insurance for the purpose of this chapter, nonprofit hospital and/or medical service corporation, a

nonprofit dental service corporation, a nonprofit optometric service corporation, a nonprofit legal

service corporation, a health maintenance organization as defined in chapter 41 of this title or as

defined in chapter 62 of title 42, or any other entity providing a plan of health benefits subject to

state insurance regulation; and (iii) an An organization that for consideration assumes certain risks

for an insured. Insurer organizations may include corporations, stock companies, mutual

companies, risk retention groups, reciprocals, captives, Lloyds associations, and government

residual plans.

     (98) “License” means a document issued by this state’s insurance commissioner

authorizing a person to act as an insurance producer for the lines of authority specified in the

document. The license itself does not create any authority, actual, apparent, or inherent, in the

holder to represent or commit an insurance carrier;.

     (109) “Limited line credit insurance” includes credit life, credit disability, credit property,

credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage

disability, guaranteed automobile protection (gap) insurance, and any other form of insurance

offered in connection with an extension of credit that is limited to partially or wholly extinguishing

that credit obligation that the insurance commissioner determines should be designated a form of

limited line credit insurance;.

     (1110) “Limited line credit insurance producer” means a person who sells, solicits, or

negotiates one or more forms of limited line credit insurance coverage to individuals through a

master, corporate, group, or individual policy;.

     (1211) “Limited lines insurance” means those lines of insurance that the insurance

commissioner deems necessary to recognize for purposes of complying with subsection § 27-2.4-

10(e);.

     (1312) “Limited lines producer” means a person authorized by the insurance commissioner

to sell, solicit, or negotiate limited lines insurance;.

     (1413) “NAIC” means the National Association of Insurance Commissioners;.

     (1514) “Negotiate” means the act of conferring directly with or offering advice directly to

a purchaser or prospective purchaser of a particular contract of insurance concerning any of the

substantive benefits, terms, or conditions of the contract, provided that the person engaged in that

act either sells insurance or obtains insurance from insurers for purchasers;.

     (1615) “Person” means an individual;.

     (1716) “Resident” means a person who either resides in Rhode Island or maintains an office

in Rhode Island where the business of producing insurance is transacted and designates Rhode

Island as the residence for purposes of licensure;.

     (1817) “Sell” means to exchange a contract of insurance by any means, for money or its

equivalent, on behalf of an insurance company;.

     (1918) “Solicit” means attempting to sell insurance or asking or urging a person to apply

for a particular kind of insurance from a particular company;.

     (2019) “Terminate” means the cancellation of the relationship between an insurance

producer and the insurer or the termination of an insurance producer’s authority to transact

insurance;.

     (2120) “Uniform application” means the current version of the NAIC uniform application

for resident and nonresident insurance producer licensing.

 

554)

Section

Amended By Chapter Numbers:

 

27-2.4-4

318 and 319

 

 

27-2.4-4. Fees.

     (a) Fees required by this chapter shall be as follows:

     (1) Initial insurance producer license: $ 55.00; and

     (2) Annual insurance producer renewal: $ 55.00; and.

     (3) Annual contracted producer report: $ 30.00 (per producer).

     (b) The insurance commissioner may by rule or regulation specify fees for letters of

certification, clearance letters, duplicate licenses, and any other documents as well as fees for

services and documents provided by or on behalf of the department that are reasonably determined

by the insurance commissioner.

 

555)

Section

Added By Chapter Numbers:

 

27-2.4-14.1

318 and 319

 

 

27-2.4-14.1. Appointments.

     (a) An insurance producer shall not act as an agent of an insurer unless the insurance

producer becomes an appointed agent of that insurer. An insurance producer who is not acting as

an agent of an insurer is not required to become appointed.

     (b) To appoint a producer as its agent, the appointing insurer shall file, in a format approved

by the insurance commissioner, a notice of appointment within fifteen (15) days from the date the

first insurance application is submitted. An insurer may also elect to appoint a producer to all or

some insurers within the insurer's holding company system or group by the filing of a single

appointment request.

     (c) An insurer shall pay an appointment fee, in the amount and method of payment set forth

in a regulation promulgated for that purpose, for each insurance producer appointed by the insurer.

     (d) An insurer shall remit, in a manner prescribed by the insurance commissioner, a renewal

appointment fee in the amount set forth in a regulation promulgated for that purpose.

 

556)

Section

Amended By Chapter Numbers:

 

27-2.4-16

318 and 319

 

 

27-2.4-16. Notification to insurance commissioner of termination.

     (a) Termination for cause. An insurer or authorized representative of the insurer that

terminates the appointment, employment, contract, or other insurance business relationship with an

insurance producer shall notify the insurance commissioner within thirty (30) days following the

effective date of the termination, using a format prescribed by the insurance commissioner, if the

reason for termination is one of the reasons set forth in § 27-2.4-14 or the insurer has knowledge

the insurance producer was found by a court, government body, or self-regulatory organization

authorized by law to have engaged in any of the activities in § 27-2.4-14. Upon the written request

of the insurance commissioner, the insurer shall provide additional information, documents,

records, or other data pertaining to the termination or activity of the insurance producer.

     (b) Termination without cause. An insurer or authorized representative of the insurer that

terminates the appointment, employment, or contract with a producer for any reason not set forth

in § 27-2.4-14, shall notify the insurance commissioner within thirty (30) days following the

effective date of the termination, using a format prescribed by the insurance commissioner. Upon

written request of the insurance commissioner, the insurer shall provide additional information,

documents, records, or other data pertaining to the termination.

     (b)(c) Ongoing notification requirement. The insurer or the authorized representative of

the insurer shall promptly notify the insurance commissioner in a format acceptable to the insurance

commissioner if, upon further review or investigation, the insurer discovers additional information

that would have been reportable to the insurance commissioner in accordance with subsection (a)

of this section had the insurer then known of its existence.

     (c)(d) Copy of notification to be provided to the insurance producer.

     (1) Within fifteen (15) days after making the notification required by subsections (a) and

(b)(c) of this section, the insurer shall mail a copy of the notification to the insurance producer at

his or her the producer's last known address. If the insurance producer is terminated for cause for

any of the reasons listed in § 27-2.4-14, the insurer shall provide a copy of the notification to the

insurance producer at his or her the producer's last known address by certified mail, return receipt

requested, postage prepaid, or by overnight delivery using a nationally recognized carrier.

     (2) Within thirty (30) days after the insurance producer has received the original or

additional notification, the insurance producer may file written comments concerning the substance

of the notification with the insurance commissioner. The insurance producer shall, by the same

means, simultaneously send a copy of the comments to the reporting insurer, and the comments

shall become a part of the insurance commissioner’s file and accompany every copy of a report

distributed or disclosed for any reason about the insurance producer as permitted under subsection

(e)(f) of this section.

     (d)(e) Immunities.

     (1) In the absence of actual malice, an insurer, the authorized representative of the insurer,

an insurance producer, the insurance commissioner, or an organization of which the insurance

commissioner is a member and that compiles the information and makes it available to other

insurance commissioners or regulatory or law enforcement agencies shall not be subject to civil

liability, except as provided in this section, and a civil cause of action of any nature shall not arise

against these entities or their respective agents or employees, except as provided in this section, as

a result of any statement or information required by or provided pursuant to this section or any

information relating to any statement that may be requested in writing by the insurance

commissioner, from an insurer or insurance producer; or a statement by a terminating insurer or

insurance producer to an insurer or insurance producer limited solely and exclusively to whether a

termination for cause under subsection (a) of this section was reported to the insurance

commissioner, provided that the propriety of any termination for cause under subsection (a) of this

section is certified in writing by an officer or authorized representative of the insurer or insurance

producer terminating the relationship.

     (2) In any action brought against a person that may have immunity under this chapter for

making any statement required by this section or providing any information relating to any

statement that may be requested by the insurance commissioner, the party bringing the action shall

plead specifically in any allegation that subdivision subsection (d)(e)(1) of this section does not

apply because the person making the statement or providing the information did so with actual

malice.

     (3) This chapter shall not abrogate or modify any existing statutory or common law

privileges or immunities.

     (e)(f) Confidentiality.

     (1) Any documents, materials, or other information in the control or possession of the

department that is furnished by an insurer, insurance producer, or an employee or agent of the

insurer or insurance producer acting on behalf of the insurer or insurance producer, or obtained by

the insurance commissioner in an investigation pursuant to this section, shall be confidential by law

and privileged, shall not be subject to chapter 2 of title 38, shall not be subject to subpoena, and

shall not be subject to discovery or admissible in evidence in any private civil action. The insurance

commissioner is authorized to use the documents, materials, or other information in the furtherance

of any regulatory or legal action brought as a part of the insurance commissioner’s duties.

     (2) Neither the insurance commissioner nor any person who received documents, materials,

or other information while acting under the authority of the insurance commissioner shall be

permitted or required to testify in any private civil action concerning any confidential documents,

materials, or information subject to this chapter.

     (3) In order to assist in the performance of the insurance commissioner’s duties under this

chapter, the insurance commissioner:

     (i) May share documents, materials, or other information, including the confidential and

privileged documents, materials, or information subject to this chapter, with other state, federal,

and international regulatory agencies, with the NAIC, its affiliates or subsidiaries, and with state,

federal, and international law enforcement authorities, provided that the recipient agrees to

maintain the confidentiality and privileged status of the document, material, or other information;

     (ii) May receive documents, materials, or information, including confidential and

privileged documents, materials, or information, from the NAIC, its affiliates or subsidiaries and

from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall

maintain as confidential or privileged any document, material, or information received with notice

or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the

source of the document, material, or information;

     (iii) May enter into agreements governing sharing and use of information consistent with

this subsection (f);

     (iv) No waiver of any applicable privilege or claim of confidentiality in the documents,

materials, or information shall occur as a result of disclosure to the commissioner under this section

or as a result of sharing as authorized in this chapter;

     (v) Nothing in this chapter shall prohibit the insurance commissioner from releasing final,

adjudicated actions including for cause terminations that are open to public inspection pursuant to

chapter 2 of title 38 to a database or other clearinghouse service maintained by the NAIC, its

affiliates or subsidiaries; and

     (vi) If the department releases to an unauthorized third party any documents, materials, or

other information provided to the department pursuant to this section, then the department shall be

subject to a fine not to exceed one thousand dollars ($1,000) after a hearing on this violation brought

in the Superior Court.

     (f)(g) Penalties for failing to report. An insurer, the authorized representative of the

insurer, or insurance producer that fails to report as required under the provisions of this section or

that is found to have reported with actual malice by a court of competent jurisdiction may, after

notice and hearing, have its license or certificate of authority suspended or revoked and may be

fined in accordance with § 42-14-16.

 

557)

Section

Amended By Chapter Numbers:

 

27-4-1.1

203 and 204

 

 

27-4-1.1. Denial of application based on an opioid antagonist prescription.

     (a) No life insurance company organized or doing business within this state shall:

     (1) Deny the application of an individual seeking coverage for any life insurance policy

pursuant to this chapter solely on the basis that the applicant has a prescription to carry or possess

the drug naloxone an opioid antagonist as defined in § 16-21-35(a);

     (2) Otherwise discriminate in the offering, issuance, cancellation, amount of coverage,

price, or any other condition of a life insurance policy based solely and without any additional

actuarial justification upon the fact that an individual has been issued a prescription for, naloxone

or has purchased naloxone or has purchased an opioid antagonist as defined in § 16-21-35(a).

     (b) Any denial of insurance coverage in violation of the provisions of this section:

     (i1) Shall be void;

     (ii2) The insurer shall reopen the application and underwriting process for consideration of

coverage and the life insurance company shall be deemed to have provided coverage to the eligible

person retroactive to the date of the initial application.

 

558)

Section

Amended By Chapter Numbers:

 

27-4.8-1

203 and 204

 

 

27-4.8-1. Group life insurance definitions.

     Except as provided in § 27-4.8-2, no policy of group life insurance shall be delivered in

this state unless it conforms to one of the following descriptions:

     (1) A policy issued to an employer, or to the trustees of a fund established by an employer,

which employer or trustees shall be deemed the policyholder, to insure employees of the employer

for the benefit of persons other than the employer, subject to the following requirements:

     (i) The employees eligible for insurance under the policy shall be all of the employees of

the employer, or all of any class or classes thereof. The policy may provide that the term

“employees” shall include the employees of one or more subsidiary corporations, and the

employees, individual proprietors, and partners of one or more affiliated corporations,

proprietorships, or partnerships if the business of the employer and of the affiliated corporations,

proprietorships, or partnerships is under common control. The policy may provide that the term

“employees” shall include the individual proprietor or partners if the employer is an individual

proprietorship or partnership. The policy may provide that the term “employees” may include

retired employees, former employees, and directors of a corporate employer. A policy issued to

insure the employees of a public body may provide that the term “employees” shall include elected

or appointed officials.

     (ii) The premium for the policy shall be paid either from the employer’s funds or from

funds contributed by the insured employees, or from both. Except as provided in subsection (1)(iii),

a policy on which no part of the premium is to be derived from funds contributed by the insured

employees shall insure all eligible employees, except those who reject the coverage in writing.

     (iii) An insurer may exclude or limit the coverage on any person as to whom evidence of

individual insurability is not satisfactory to the insurer; provided, however, that any exclusion or

limitation shall not be based solely on the fact that the person has a prescription to carry or possess

the drug naloxone an opioid antagonist as defined in § 16-21-35(a).

     (2) A policy issued to a creditor or its parent holding company or to a trustee or trustees or

agent designated by two (2) or more creditors, which creditor, holding company, affiliate, trustee,

trustees, or agent shall be deemed the policyholder, to insure debtors of the creditor or creditors

subject to the following requirements:

     (i) The debtors eligible for insurance under the policy shall be all of the debtors of the

creditor or creditors, or all of any class or classes thereof. The policy may provide that the term

“debtors” shall include:

     (A) Borrowers of money or purchasers or lessees of goods, services, or property for which

payment is arranged through a credit transaction;

     (B) The debtors of one or more subsidiary corporations; and

     (C) The debtors of one or more affiliated corporations, proprietorships, or partnerships if

the business of the policyholder and of the affiliated corporations, proprietorships, or partnerships

is under common control.

     (ii) The premium for the policy shall be paid either from the creditor’s funds, or from

charges collected from the insured debtors, or from both. Except as provided in subsection (2)(iii),

a policy on which no part of the premium is to be derived from the funds contributed by insured

debtors specifically for their insurance shall insure all eligible debtors.

     (iii) An insurer may exclude any debtors as to whom evidence of individual insurability is

not satisfactory to the insurer; provided, however, that any exclusion shall not be based solely on

the fact that the person has a prescription to carry or possess the drug naloxone an opioid antagonist

as defined in § 16-21-35(a).

     (iv) The amount of the insurance on the life of any debtor shall at no time exceed the greater

of the scheduled or actual amount of unpaid indebtedness to the creditor, except that insurance

written in connection with open-end credit having a credit limit exceeding ten thousand dollars

($10,000) may be in an amount not exceeding the credit limit.

     (v) The insurance may be payable to the creditor or any successor to the right, title, and

interest of the creditor. The payment shall reduce or extinguish the unpaid indebtedness of the

debtor to the extent of the payment and any excess of the insurance shall be payable to the estate

of the insured.

     (vi) Notwithstanding the provisions of the above subsections, insurance on agricultural

credit transaction commitments may be written up to the amount of the loan commitment on a non-

decreasing or level term plan. Insurance on educational credit transaction commitments may be

written up to the amount of the loan commitment less the amount of any repayments made on the

loan.

     (3) A policy issued to a labor union, or similar employee organization, which shall be

deemed to be the policyholder, to insure members of the union or organization for the benefit of

persons other than the union or organization or any of its officials, representatives, or agents,

subject to the following requirements:

     (i) The members eligible for insurance under the policy shall be all of the members of the

union or organization, or all of any class or classes thereof.

     (ii) The premium for the policy shall be paid either from funds of the union or organization,

or from funds contributed by the insured members specifically for their insurance, or from both.

Except as provided in subsection (3)(iii), a policy on which no part of the premium is to be derived

from funds contributed by the insured members specifically for their insurance shall insure all

eligible members, except those who reject the coverage in writing.

     (iii) An insurer may exclude or limit the coverage on any persons as to whom evidence of

individual insurability is not satisfactory to the insurer; provided, however, that any exclusion or

limitation shall not be based solely on the fact that the person has a prescription to carry or possess

the drug naloxone an opioid antagonist as defined in § 16-21-35(a).

     (4) A policy issued to a trust or to the trustees of a fund established or adopted by two (2)

or more employers, or by one or more labor unions or similar employee organizations, or by one

or more employers and one or more labor unions or similar employee organizations, which trust or

trustees shall be deemed the policyholder, to insure employees of the employers or members of the

unions or organizations for the benefit of person other than the employers or the unions or

organizations, subject to the following requirements:

     (i) The persons eligible for insurance shall be all of the employees of the employers or all

of the members of the unions or organizations, or all of any class or classes thereof. The policy may

provide that the term “employees” shall include the employees of one or more subsidiary

corporations, and the employees, individual proprietors, and partners of one or more affiliated

corporations, proprietorships, or partnerships if the business of the employer and of the affiliated

corporations, proprietorships, or partnerships is under common control. The policy may provide

that the term “employees” shall include the individual proprietor or partners if the employer is an

individual proprietorship or partnership. The policy may provide that the term “employees” shall

include retired employees, former employees, and directors of a corporate employer. The policy

may provide that the term “employees” shall include the trustees or their employees, or both, if

their duties are principally connected with the trusteeship.

     (ii) The premium for the policy shall be paid from funds contributed by the employer or

employers of the insured persons, or by the union or unions or similar employee organizations, or

by both, or from funds contributed by the insured persons or from both the insured persons and the

employers or unions or similar employee organizations. Except as provided in subsection (4)(iii),

a policy on which no part of the premium is to be derived from funds contributed by the insured

persons specifically for their insurance shall insure all eligible persons, except those who reject the

coverage in writing.

     (iii) An insurer may exclude or limit the coverage on any person as to whom evidence of

individual insurability is not satisfactory to the insurer; provided, however, that any exclusion or

limitation shall not be based solely on the fact that the person has a prescription to carry or possess

the drug naloxone an opioid antagonist as defined in § 16-21-35(a).

     (5) A policy issued to an association or to a trust or to the trustees of a fund established,

created, or maintained for the benefit of members of one or more associations. The association or

associations shall have at the outset a minimum of one hundred (100) persons; shall have been

organized and maintained in good faith for purposes other than obtaining insurance; shall have been

in active existence for at least two (2) years; and shall have a constitution and bylaws that provide

that:

     (i) The association or associations hold regular meetings not less than annually to further

purposes of the members;

     (ii) Except for credit unions, the association or associations, collect dues or solicit

contributions from members; and

     (iii) The members have voting privileges and representation on the governing board and

committees. The policy shall be subject to the following requirements:

     (A) The policy may insure members of the association or associations, employees thereof,

or employees of members, or one or more of the preceding or all of any class or classes thereof for

the benefit of persons other than the employee’s employer.

     (B) The premium for the policy shall be paid from funds contributed by the association or

associations, or by employer members, or by both, or from funds contributed by the covered

persons or from both the covered persons and the association, associations, or employer members.

     (C) Except as provided in subsection (5)(iii)(D), a policy on which no part of the premium

is to be derived from funds contributed by the covered persons specifically for the insurance shall

insure all eligible persons, except those who reject the coverage in writing.

     (D) An insurer may exclude or limit the coverage on any person as to whom evidence of

individual insurability is not satisfactory to the insurer; provided, however, that any exclusion or

limitation shall not be based solely on the fact that the person has a prescription to carry or possess

the drug naloxone an opioid antagonist as defined in § 16-21-35(a).

     (6) A policy issued to a credit union or to a trustee or trustees or agent designated by two

(2) or more credit unions, which credit union, trustee, trustees, or agent shall be deemed

policyholder, to insure members of the credit union or credit unions for the benefit of persons other

than the credit union or credit unions, trustee or trustees, or agent or any of their officials, subject

to the following requirements:

     (i) The members eligible for insurance shall be all of the members of the credit union or

credit unions, or all of any class or classes thereof.

     (ii) The premium for the policy shall be paid by the policyholder from the credit union’s

funds and, except as provided in subsection (6)(iii), shall insure all eligible members.

     (iii) An insurer may exclude or limit the coverage on any member as to whom evidence of

individual insurability is not satisfactory to the insurer; provided, however, that any exclusion or

limitation shall not be based solely on the fact that the person has a prescription to carry or possess

the drug naloxone an opioid antagonist as defined in § 16-21-35(a).

 

559)

Section

Amended By Chapter Numbers:

 

27-9-4

39 and 40

 

 

27-9-4. Considerations in making of rates — Cancellation of policy.

     (a) All rates shall be made in accordance with the following provisions:

     (1)(i) Due consideration shall be given to past and prospective loss experience within and

outside this state, to catastrophe hazards, if any, to a reasonable margin for underwriting profit and

contingencies, to dividends, savings, or unabsorbed premium deposits allowed or returned by

insurers to their policyholders, members, or subscribers, to past and prospective expenses both

countrywide and those specially applicable to this state, and to all other relevant factors within and

outside this state; provided, that no consideration shall be given to:

     (A) Any loss or incident involving a bus driver, while in the course of his or her the bus

driver’s employment for the Rhode Island public transit authority or private or municipal school

bus companies, in establishing or maintaining that driver’s rate respecting the operation of a

personal motor vehicle or vehicles;

     (B) Any loss or incident involving a law enforcement officer, while in the course of his or

her the law enforcement officer’s employment for the state, city, town police departments, or

federal law enforcement agency, in establishing or maintaining that driver’s rate respecting the

operation of a personal motor vehicle or vehicles; and

     (C) Any loss or incident involving a commercial vehicle driver, while in the course of his

or her the commercial vehicle driver’s employment, in establishing or maintaining that driver’s

rate respecting the operation of a personal motor vehicle(s);

     (ii) It shall be the responsibility of a commercial vehicle driver to provide his or her the

commercial vehicle driver’s insurance company with proof that the loss or incident took place in

the course of employment while operating a commercial vehicle. For the purposes of this section,

a “commercial vehicle” shall be a motor vehicle with a gross weight in excess of ten thousand

pounds (10,000 lbs.) or a motor vehicle used for public livery;

     (2) The systems of expense provisions included in the rates for use by any insurer or group

of insurers may differ from those of other insurers or groups of insurers to reflect the requirements

of the operating methods of any insurer or group with respect to any kind of insurance, or with

respect to any subdivision or combination of insurance for which subdivision or combination

separate expense provisions are applicable;

     (3) Risks may be grouped by classifications for the establishment of rates and minimum

premiums;

     (4) Rates shall not be excessive, inadequate, or unfairly discriminatory; and

     (5) For any policy written, delivered, or renewed on or after January 1, 2025, in establishing

or maintaining an insured's rate or classification respecting the operation of a personal motor

vehicle, widowed persons shall not be treated differently than persons in a marriage; and

     (5)(6) In establishing or maintaining an insured’s rate or classification respecting the

operation of a personal motor vehicle, any insured sixty-five (65) years of age or older, who meets

the criteria set forth in this section and has not had any chargeable accidents or moving violations

within three (3) years preceding the establishment of the rate of insurance or classification, shall

not be penalized solely by reason of his or her age.

     (b) No insurance company shall fail to renew a private passenger automobile policy

because of a loss of occurrence only, unless a chargeable loss occurrence of three thousand dollars

($3,000) or more than two (2) nonchargeable loss occurrences, involving the insured, have taken

place within the annual policy year.

     (c)(1) No insurance company shall fail to renew a private passenger automobile policy

solely because the insured has attained the age of sixty-five (65) years or older;

     (2) Whenever the commissioner of insurance shall have reason to believe that any

insurance company has refused to renew a private passenger automobile policy solely because the

applicant has reached the age of sixty-five (65) years or older, the commissioner shall notify the

company that it may be in violation of this section and in his or her discretion he or she may require

a hearing to determine whether or not the company has actually been engaged in the practice stated

in this subsection. Any hearing held under this section shall in all respects comply with the hearing

procedure provided in the Administrative Procedures Act, chapter 35 of title 42;

     (3) If after the hearing the commissioner shall determine that the company has engaged in

the practice of systematically failing to renew private passenger automobile policies because of the

advanced age of the insured, he or she the commissioner shall reduce his or her their findings to

writing and shall issue and cause to be served upon the company an order to cease and desist from

engaging in those practices. After the issuance of the cease and desist order, if the commissioner

finds that the company has continued to engage in those practices, he or she the commissioner

shall impose upon the company a fine not to exceed the amount of one thousand dollars ($1,000)

for each separate violation.

     (4) Any company aggrieved by any order or decision of the commissioner of insurance

may appeal the order and decision to the superior court of Providence in accordance with the

Administrative Procedures Act, chapter 35 of title 42.

     (d) No insurance group, carrier, or company in establishing any premium surcharge or

penalty relative to a specific motor vehicle policy, shall consider any accident or any claim where

any insured covered by that policy is fifty percent (50%) or less at fault.

     (e) No insurance group, carrier, or company shall assess any premium surcharge against

any insured covered by a motor vehicle policy where a property damage claim payment is less than

three thousand dollars ($3,000).

     (f) No insurance group, carrier, or company shall refuse to issue motor vehicle liability

insurance, impose a surcharge, or otherwise increase the rate for a motor vehicle policy solely

because the applicant is a volunteer driver. Volunteer driver is defined as a person who provides

services without compensation to a nonprofit agency or charitable organization.

 

560)

Section

Amended By Chapter Numbers:

 

27-9.1-4

435, 436 and 411

 

 

27-9.1-4. “Unfair claims practices” defined.

     (a) Any of the following acts by an insurer, if committed in violation of § 27-9.1-3,

constitutes an unfair claims practice:

     (1) Misrepresenting to claimants and insured relevant facts or policy provisions relating to

coverage at issue;

     (2) Failing to acknowledge and act with reasonable promptness upon pertinent

communications with respect to claims arising under its policies;

     (3) Failing to adopt and implement reasonable standards for the prompt investigation and

settlement of claims arising under its policies;

     (4) Not attempting in good faith to effectuate prompt, fair, and equitable settlement of

claims submitted in which liability has become reasonably clear;

     (5) Compelling insured, beneficiaries, or claimants to institute suits to recover amounts due

under its policies by offering substantially less than the amounts ultimately recovered in suits

brought by them;

     (6) Refusing to pay claims without conducting a reasonable investigation;

     (7) Failing to affirm or deny coverage of claims within a reasonable time after having

completed its investigation related to the claim or claims;

     (8) Attempting to settle or settling claims for less than the amount that a reasonable person

would believe the insured or beneficiary was entitled by reference to written or printed advertising

material accompanying or made part of an application;

     (9) Attempting to settle or settling claims on the basis of an application that was materially

altered without notice to, or knowledge or consent of, the insured;

     (10) Making claims payments to an insured or beneficiary without indicating the coverage

under which each payment is being made;

     (11) Unreasonably delaying the investigation or payment of claims by requiring both a

formal proof of loss form and subsequent verification that would result in duplication of

information and verification appearing in the formal proof of loss form;

     (12) Failing in the case of claims denials or offers of compromise settlement to promptly

provide a reasonable and accurate explanation of the basis of those actions;

     (13) Failing to provide forms necessary to present claims within ten (10) calendar days of

a request with reasonable explanations regarding their use;

     (14) Failing to adopt and implement reasonable standards to assure that the repairs of a

repairer owned by or required to be used by the insurer are performed in a workmanlike manner;

     (15) Misleading a claimant as to the applicable statute of limitations;

     (16) Failing to respond to a claim within thirty (30) days, unless the insured shall agree to

a longer period;

     (17) Engaging in any act or practice of intimidation, coercion, threat, or misrepresentation

of consumers rights, for or against any insured person, claimant, or entity to use a particular rental

car company for motor vehicle replacement services or products; provided, however, nothing shall

prohibit any insurance company, agent, or adjuster from providing to such insured person, claimant,

or entity the names of a rental car company with which arrangements have been made with respect

to motor vehicle replacement services; provided, that the rental car company is licensed pursuant

to § 31-5-33;

     (18) Refusing to honor a “direction to pay” executed by an insured, claimant, indicating

that the insured or claimant wishes to have the insurance company directly pay his or herthe

insured’s or claimant’s motor vehicle replacement vehicle rental benefit to the rental car company

of the consumer’s choice; provided, that the rental car company is licensed pursuant to § 31-5-33.

Nothing in this section shall be construed to prevent the insurance company’s ability to question or

challenge the amount charged, in accordance with its policy provisions, and the requirements of

the department of business regulation; provided that, the insurance company promptly notifies the

rental car company in writing of the reason. The written notification shall be made at or before the

time that the insurance company submits payment to the rental car company;

     (19) Refusing to honor a "direction to pay" executed by an insured, claimant, indicating

that the insured or claimant wishes to have the insurance company directly pay the insured's

property damage benefit to the restoration company of the consumer's choice; provided, however,

that the amount of the claim to be paid directly to the restoration company shall be no greater than

five thousand dollars ($5,000), and that the restoration company is licensed pursuant to § 5-65-3.

Nothing in this section shall be construed to:

     (i) Prevent the insurance company's ability to question or challenge whether the services

billed for are covered by the policy, related to an occurrence covered by the policy, or the amount

charged, in accordance with its policy provisions, and the requirements of the department of

business regulation; or

     (ii) Adversely affect the right of any mortgagee or other person with an interest in the policy

unless such mortgagee or other person has also executed the "direct to pay";

     (19)(20) Modifying any published manual, i.e., Motor’s Auto Repair Manual, Mitchells,

or any automated appraisal system, relating to auto body repair without prior agreement between

the parties;

     (20)(21) Failing to use a manual or system in its entirety in the appraisal of a motor vehicle;

     (21)(22) Refusing to compensate an auto body shop for its documented charges as

identified, and based on, the most current version of automotive industry-recognized software

programs or systems for paint, body, and refinishing materials, utilized in auto body repair,

including, but not limited to, programs such as Mitchell’s RMC, PMC Logic, Paint, Micromix, or

other paint manufacturer’s programs. An insurer shall not discount documented charges by failing

to use a system in its entirety, including an automotive industry standard markup;

     (22)(23) Refusing to acknowledge and compensate an auto body repairer for documented

procedures identified as necessary by the original equipment manufacturer, paint manufacturer,

when included in the repairer’s appraisal, or when requested by the repairer (i.e., components that

cannot be reused/reinstalled: requiring clips, retainers, and hardware);

     (23)(24) Failing to comply with the requirements of § 31-47-12.1;

     (24)(25) Failure to have an appraisal performed by a licensed appraiser where the motor

vehicle has sustained damage estimated to exceed two thousand five hundred dollars ($2,500). The

licensed appraiser referred to herein must be unaffiliated with the repair facility repairing the

subject motor vehicle; must perform a physical inspection of the damaged motor vehicle; and may

not perform an appraisal based upon pictures of the damaged motor vehicle;

     (25)(26) Failure of an insurer’s assigned appraiser, or representative, to promptly schedule

an appointment for an appraisal of a damaged vehicle with the auto body repair shop, at an agreed

upon date and time, between normal business hours;

     (26)(27) Failure to perform an initial appraisal within three (3) business days after a request

is received from an auto body repair shop, provided the damaged motor vehicle is on the premises

of the repair shop when the request is made, and failure to perform a supplemental appraisal

inspection of a vehicle within four (4) business days after a request is received from an auto body

repair shop. If the insurer’s appraiser fails to inspect the damaged motor vehicle within the allotted

number of business days for an initial appraisal or a supplemental appraisal, the insurer shall forfeit

its right to inspect the damaged vehicle prior to repairs, and negotiations shall be limited to labor

and the price of parts and shall not, unless objective evidence to the contrary is provided by the

insurer, involve disputes as to the existence of damage or the chosen manner of repair. The time

limitations set forth in this subsection may be extended by mutual agreement between the auto body

repair shop and the insurer;

     (27)(28) Refusing to extend the rental vehicle coverage requirements of an insured or

claimant proportionally to claim delays caused by the insurer.

     (28)(29) Designating a motor vehicle a total loss if the cost to rebuild or reconstruct the

motor vehicle to its pre-accident condition is less than seventy-five percent (75%) of the “fair

market value” of the motor vehicle immediately preceding the time it was damaged:

     (i) For the purposes of this subdivision, “fair market value” means the retail value of a

motor vehicle as set forth in a current edition of a nationally recognized compilation of retail values

commonly used by the automotive industry to establish values of motor vehicles;

     (ii) Nothing herein shall be construed to require a vehicle be deemed a total loss if the total

cost to rebuild or reconstruct the motor vehicle to its pre-accident condition is greater than seventy-

five percent (75%) of the fair market value of the motor vehicle immediately preceding the time it

was damaged;

     (iii) Nothing herein shall prohibit an insurance company from agreeing to deem a vehicle

a total loss at the vehicle owner’s request and with the vehicle owner’s express written authorization

if the cost to rebuild or reconstruct the motor vehicle to its pre-accident condition is less than

seventy-five percent (75%) of the “fair market value” of the motor vehicle immediately preceding

the time it was damaged;

     (iv) If condition adjustments are made to the retail value of a motor vehicle designated a

total loss, all such adjustments must be in accordance with the standards set forth in the current

edition of a nationally recognized compilation of retail values, commonly used by the automotive

industry, used by the insurer to determine the retail value of the vehicle; and all such adjustments,

including prior damage deductions, must be itemized, fair, and reasonable; and

     (v) When a vehicle is deemed a total loss, if the insurer is not retaining the salvage, the

insurer must notify the owner of the vehicle in writing of the requirements of obtaining both a

salvage title and a reconstructed title from the department of motor vehicles pursuant to chapter 1

of title 31, and must obtain, in writing, the owner’s consent and acknowledgement that the insurer

is not retaining the salvage and include a statement of the owner’s obligation and potential costs to

dispose of or otherwise retain the salvage;

     (29)(30) Negotiating, or effecting the settlement of, a claim for loss or damage covered by

an insurance contract with an unlicensed public adjuster acting on behalf of an insured. Nothing

contained in this section shall be construed to preclude an insurer from dealing with any individual

or entity that is not required to be licensed under chapter 10 of title 27;

     (30)(31) Refusing to pay an auto body repair shop for documented necessary sublet

services paid out to vendors or incurred by the auto body repair shop, for specialty or unique

services performed in the overall repair process, including costs and labor incurred to research,

coordinate, administrate, or facilitate the necessary sublet service, and an automotive industry

standard markup. Examples of sublet services include, but are not limited to, towing, transportation,

suspension, alignments, electronic calibrations, diagnostic work, mechanical work, and paid

charges to release a vehicle;

     (32)(i) When a claim is settled, or partially settled, where the named insured is represented

by a public adjuster licensed pursuant to § 27-10-5, failing to obey a direction to pay letter directing

the insurer to issue a check or checks payable to the public adjuster for the public adjuster's fee, but

not more than ten percent (10%) of the total amount of the settlement, and a separate check payable

to the named insured or any loss payee or mortgagee, or both, whichever is appropriate, for the

balance; provided that, the direction to pay letter is signed or electronically signed and dated or

electronically dated by the named insured and contains the following information:

     (A) Name of insured(s);

     (B) The claim number (if obtained);

     (C) The date or approximate date of the loss;

     (D) The public adjuster's name;

     (E) The name of the insurer;

     (F) The public adjuster's fee; and

     (G) The addresses to which each check shall be sent.

     (ii) Nothing in this subsection shall be construed to:

     (A) Prevent the insurance company's ability to question or challenge whether the services

billed for are covered by the policy, related to an occurrence covered by the policy, or the amount

charged, in accordance with its policy provisions, and the requirements of the department of

business regulation; or

     (B) Adversely affect the right of any mortgagee or other person with an interest in the

policy unless such mortgagee or other person has also executed the "directdirection to pay".

     (b)(1) Nothing contained in subsections (a)(1920), (a)(2021), and (a)(2122) of this section

shall be construed to interfere with an auto body repair facility’s contract with an insurance

company.

     (2) If an insurance company and auto body repair facility have contracted under a direct

repair program or any similar program thereto, the provisions of subsections (a)(19), (a)(20), and

(a)(21) of this section shall not apply.

     (3) If the insured or claimant elects to have the vehicle repaired at a shop of his or herthe

insured or claimant’s choice, the insurer shall not limit or discount the reasonable repair costs

based upon the charges that would have been incurred had the vehicle been repaired by the insurer’s

chosen shop(s).

 

PL. 435 and PL. 436

(2) If an insurance company and auto body repair facility have contracted under a direct

repair program or any similar program thereto, the provisions of subsections (a)(1920), (a)(2021),

and (a)(2122) of this section shall not apply.

 

561)

Section

Amended By Chapter Numbers:

 

27-10-1.1

318 and 319

 

 

27-10-1.1. Definitions.

     (a) “Adjuster” means an individual licensed as either a public company or independent

adjuster.

     (b) “Catastrophic disaster” according to the Federal Response Plan, means an event that

results in large numbers of deaths and injuries; causes extensive damage or destruction of facilities

that provide and sustain human needs; produces an overwhelming demand on state and local

response resources and mechanisms; causes a severe long-term effect on general economic activity;

and severely affects state, local, and private sector capabilities to begin and sustain response

activities. A catastrophic disaster shall be declared by the President of the United States, the

governor of the state, or the insurance commissioner.

     (c) “Company adjuster” means a person who:

     (1) Is an individual who contracts for compensation with insurers or self-insurers as an

employee; and

     (2) Investigates, negotiates, or settles property, casualty, or workers’ compensation claims

for insurers or for self-insurers as an employee.

     (d) “Department” means the insurance division of the department of business regulation.

     (e) “Home state” means the District of Columbia and any state or territory of the United

States in which the adjuster’s principal place of residence or principal place of business is located.

If neither the state in which the public independent or company adjuster maintains the principal

place of residence, nor the state in which the adjuster maintains the principal place of business, has

a substantially similar law governing adjusters, the adjuster may declare another state in which it

becomes licensed and acts as a public an independent or company adjuster to be the “home state.”

     (f) “Independent adjuster” means a person who:

     (1) Is an individual who contracts for compensation with insurers or self-insurers as an

independent contractor; or

     (2) Investigates, negotiates, or settles property, casualty, or workers’ compensation claims

for insurers or for self-insurers as an independent contractor.

     (g) “Insurance commissioner” means the director of the department of business regulation

or his or her the director's designee.

     (h) “NAIC” means the National Association of Insurance Commissioners.

     (i) “Public adjuster” means any person who, for compensation or any other thing of value

on behalf of the insured:

     (1) Acts or aids, solely in relation to first-party claims arising under insurance contracts

that insure the real or personal property of the insured, other than automobile, on behalf of an

insured in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an

insurance contract;

     (2) Advertises for employment as a public adjuster of insurance claims or solicits business

or represents himself or herself themself to the public as a public adjuster of first-party insurance

claims for losses or damages arising out of policies of insurance that insure real or personal

property; or

     (3) Directly or indirectly solicits business, investigates or adjusts losses, or advises an

insured about first-party claims for losses or damages arising out of policies of insurance that insure

real or personal property for another person engaged in the business of adjusting losses or damages

covered by an insurance policy, for the insured.

     (j) “Uniform individual application” means the current version of the National Association

of Insurance Commissioners (NAIC) Uniform Individual Application for resident and nonresident

individuals.

 

562)

Section

Amended By Chapter Numbers:

 

27-10-2

318 and 319

 

 

27-10-2. Persons exempt.

     The provisions of this chapter shall not apply to the following:

     (1) An attorney at law admitted to practice in this state, acting in his or her their professional

capacity as an attorney;

     (2) Either an insurance producer of a domestic insurance company or an insurance producer

duly licensed by the insurance commissioner, when the insurance producer adjusts, or assists in the

adjustment of, claims arising only under policies of insurance or fidelity or surety bonds negotiated,

solicited, or effected by him or her or by the insurance producer, whether the insurance producer is

a person, partnership, or corporation, for which he or she acts they act;

     (3) A person who negotiates or settles claims arising under a life or health insurance policy

or an annuity contract;

     (4) A person employed only for the purpose of obtaining facts surrounding a loss or

furnishing technical assistance to a licensed adjuster, including photographers, estimators, private

investigators, engineers, and handwriting experts;

     (5) An individual who is employed to investigate suspected fraudulent insurance claims

but who does not adjust losses or determine claims payments;

     (6) A person who solely performs executive, administrative, managerial, or clerical duties,

or any combination thereof, and who does not investigate, negotiate, or settle claims with

policyholders, claimants, or their legal representative;

     (7) A licensed healthcare provider or its employee who provides managed care services as

long as the services do not include the determination of compensability;

     (8) A managed care organization or any of its employees or an employee of any

organization providing managed care services so long as the services do not include the

determination of compensability;

     (9) A person who settles only reinsurance or subrogation claims;

     (10) A person who investigates, negotiates, or settles life, accident and health, annuity, or

disability insurance claims;

     (11) An individual employee, under a self-insured arrangement, who adjusts claims on

behalf of their employer;

     (12) A person authorized to adjust workers’ compensation or disability claims under the

authority of a third-party administrator (TPA) license pursuant to chapter 20.7 of this title 27;

     (13) A person who adjusts claims for portable electronic insurance offered pursuant to

chapter 2.7 of this title 27.

 

563)

Section

Amended By Chapter Numbers:

 

27-10.2-2

416 and 438

 

 

27-10.2-2. Aftermarket parts — Time limit prohibition.

     (a) Whenever an insurance company, in adjusting a claim for motor vehicle physical

damage, intends to specify the use of aftermarket parts, it shall notify the vehicle owner in writing.

Any auto body repair shop conducting business in the state of Rhode Island shall not use non-

original equipment manufactured (OEM) parts, also referred to as aftermarket parts, in the repair

of any person’s automobile, without that person giving the repairer his or her express written

consent.

     (b) No insurance company may require the use of aftermarket parts when negotiating

repairs with any repairer unless the repairer has written consent from the vehicle owner to install

aftermarket parts. The provisions of this section shall apply only to automobiles that are less than

forty-eight (48) months beyond the date of manufacture.

     (c) No insurance company may refuse the use of OEM parts when negotiating repairs with

any repairer for automobiles that are greater than forty-eight (48) months and less than seventy-two

(72) months from the date of manufacture, provided the repairer has written consent from the

vehicle owner to install OEM parts.

     (c)(d) For any automobile that is less than forty-eight (48) months beyond the date of

manufacture, the insurer and the auto body repair shop must provide a written notice to the vehicle

owner that: (i) He or she may require the insurer to pay for and the auto body shop to install

“original equipment manufacturer parts” or “OEM parts” in the repair of a motor vehicle; or (ii) He

or she may require the insurer to pay for and the auto body shop to install “non-original equipment

manufacturer parts” (non-“OEM parts”) in the repair of a motor vehicle. To comply with this

provision, written notice may be provided on the appraisal written on behalf of the insurer and the

estimate prepared by the auto body repair shop.

     (d)(e) When “OEM part(s)” are used in the repair of a motor vehicle, no insurance company

may require any repairer to use repair procedures that are not in compliance with the

recommendations of the original equipment manufacturer.

     (e)(f) This chapter shall not apply to the repair or replacement of motor vehicle glass

performed by licensed motor vehicle glass repair shops pursuant to chapter 38.5 of title 5.

 

564)

Section

Amended By Chapter Numbers:

 

27-13.1-3

354 and 355

 

 

27-13.1-3. Authority, scope, and scheduling of examinations.

     (a) The director or any of his or her the director's examiners may conduct an examination

under this chapter of any company as often as the director in his or her the director's sole discretion

deems appropriate, but shall, at a minimum, conduct an examination of every insurer licensed in

this state not less frequently than once every five (5) years. In scheduling and determining the

nature, scope, and frequency of the examinations, the director shall consider such matters as the

results of financial statement analyses and ratios,; changes in management or ownership,; actuarial

opinions,; reports of independent certified public accountants,; and other criteria as set forth in the

Financial Condition Examiners’ Handbook adopted by the National Association of Insurance

Commissioners and in effect when the director exercises discretion under this section.

     (b) For purposes of completing an examination of a company under this chapter, the

director may examine or investigate any person, or the business of any person, in so far as the

examination or investigation is, in the sole discretion of the director, necessary or material to the

examination of the company.

     (c) In lieu of an examination under this chapter of a foreign or alien insurer licensed in this

state, the director may accept an examination report on the company as prepared by the insurance

department for the company’s state of domicile or port of entry state only if:

     (1) The insurance department was at the time of the examination accredited under the

National Association of Insurance Commissioners’ financial regulation standards and accreditation

program; or

     (2) The examination is performed under the supervision of an accredited insurance

department or with the participation of one or more examiners who are employed by an accredited

state insurance department and who, after a review of the examination work papers and report, state

under oath that the examination was performed in a manner consistent with the standards and

procedures required by their insurance department.

 

565)

Section

Amended By Chapter Numbers:

 

27-13.1-7

318 and 319

 

 

27-13.1-7. Cost of examinations.

     (a) The total cost of the examinations shall be borne by the examined companies and shall

include the following expenses:

     (1) One hundred fifty percent (150%) of the total salaries and benefits paid to the examining

personnel of the banking and insurance division engaged in those examinations less any salary

reimbursements;

     (2) All reasonable technology costs related to the examination process. Technology costs

shall include the actual cost of software and hardware utilized in the examination process and the

cost of training examination insurance personnel in the proper use of the software or hardware;

     (3) All necessary and reasonable education and training costs incurred by the state to

maintain the proficiency and competence of the examining insurance personnel. All these costs

shall be incurred in accordance with appropriate state of Rhode Island regulations, guidelines, and

procedures.

     (b) Expenses incurred pursuant to subsections (a)(2) and (a)(3) of this section shall be

allocated equally to each company domiciled in Rhode Island no more frequently than annually

and shall not exceed an annual average assessment of three thousand five hundred dollars ($3,500)

five thousand dollars ($5,000) per company for any given three (3) calendar year period. All

revenues collected pursuant to this section shall be deposited as general revenues. That assessment

shall be in addition to any taxes and fees payable to the state.

 

566)

Section

Amended By Chapter Numbers:

 

27-14.3-5

138 and 139

 

 

27-14.3-5. Injunctions and orders.

     (a) Any receiver appointed in a proceeding under this chapter may at any time apply for,

and any court of general jurisdiction may grant, restraining orders, preliminary and permanent

injunctions, and other orders as may be deemed necessary and proper to prevent:

     (1) The transaction of further business;

     (2) The transfer of property;

     (3) Interference with the receiver or with a proceeding under this chapter;

     (4) Waste of the insurer’s assets;

     (5) Dissipation and transfer of bank accounts;

     (6) The institution or further prosecution of any actions or proceedings;

     (7) The obtaining of preferences, judgments, attachments, garnishments, or liens against

the insurer, its assets, or its policyholders;

     (8) The levying of execution against the insurer, its assets, or its policyholders;

     (9) The making of any sale or deed for nonpayment of taxes or assessments that would

lessen the value of the assets of the insurer;

     (10) The withholding from the receiver of books, accounts, documents, or other records

relating to the business of the insurer; or

     (11) Any other threatened or contemplated action that might lessen the value of the

insurer’s assets or prejudice the rights of policyholders, creditors, or shareholders, or the

administration of any proceeding under this chapter.

     (b) The receiver may apply to any court outside of the state for the relief described in § 27-

14.3-4(a).

     (c) Notwithstanding subsections subsection (a) or (b) of this section, § 27-14.3-19(a), or

any other provision of this chapter, no person, for more than ten (10) days, shall be restrained,

stayed, enjoined, or prohibited from exercising or enforcing any right or cause of action under any

pledge, security, credit, collateral, loan, advances, reimbursement or guarantee agreement or

arrangement or any similar agreement, arrangement, or other credit enhancement to which a federal

home loan bank is a party.

     (d) A federal home loan bank exercising its rights regarding collateral pledged by an

insurer-member shall, within seven (7) days of receiving a redemption request made by the insurer-

member, repurchase any of the insurer-member's outstanding capital stock in excess of the amount

the insurer-member must hold as a minimum investment. The federal home loan bank shall

repurchase the excess outstanding capital stock only to the extent that it determines in good faith

that the repurchase is both of the following:

     (1) Permissible under federal laws and regulations and the federal home loan bank's capital

plan; and

     (2) Consistent with the capital stock practices currently applicable to the federal home loan

bank's entire membership.

     (e)(1) Not later than ten (10) days after the date of appointment of a receiver in a proceeding

under this chapter involving an insurer-member of a federal home loan bank, the federal home loan

bank shall provide to the receiver a process and timeline for the following:

     (i1) The release of any collateral held by the federal home loan bank that exceeds the

amount that is required to support the secured obligations of the insurer-member and that is

remaining after any repayment of loans, as determined under the applicable agreements between

the federal home loan bank and the insurer-member;

     (ii2) The release of any collateral of the insurer-member remaining in the federal home

loan bank's possession following repayment in full of all outstanding secured obligations of the

insurer-member;

     (iii3) The payment of fees owed by the insurer-member and the operation, maintenance,

closure, or disposition of deposits and other accounts of the insurer-member, as mutually agreed

upon by the receiver and the federal home loan bank;

     (iv4) Any redemption or repurchase of federal home loan bank stock or excess stock of any

class that the insurer-member is required to own under agreements between the federal home loan

bank and the insurer-member.

     (f) Upon the request of a receiver appointed in a proceeding under this chapter involving a

federal home loan bank insurer-member, the federal home loan bank shall provide to the receiver

any available options for the insurer-member to renew or restructure a loan. In determining which

options are available, the federal home loan bank may consider market conditions, the terms of any

loans outstanding to the insurer-member, the applicable policies of the federal home loan bank, and

the federal laws and regulations applicable to federal home loan banks.

     (g) As used in this section, "federal home loan bank" means an institution, chartered under

the "Federal Home Loan Bank Act of 1932," 12 U.S.C. § 1421, et seq., and "insurer-member"

means a member of the federal home loan bank in question that is an insurer.

 

567)

Section

Amended By Chapter Numbers:

 

27-14.3-30

138 and 139

 

 

27-14.3-30. Fraudulent transfers prior to petition.

     (a) Every transfer made or suffered and every obligation incurred by an insurer within one

year prior to the filing of a successful petition for rehabilitation or liquidation under this chapter is

fraudulent as to then existing and future creditors if made or incurred without fair consideration, or

with actual intent to hinder, delay, or defraud either existing or future creditors. A transfer made or

an obligation incurred by an insurer ordered to be rehabilitated or liquidated under this chapter,

which is fraudulent under this section, may be avoided by the receiver, except as to a person who

in good faith is a purchaser, lienor, or obligee for a present fair equivalent value, and except that

any purchaser, lienor, or obligee, who in good faith has given a consideration less than fair for the

transfer, lien, or obligation, may retain the property, lien, or obligation as security for repayment.

The court may, on due notice, order any transfer or obligation to be preserved for the benefit of the

estate, and in that event, the receiver shall succeed to and may enforce the rights of the purchaser,

lienor, or obligee.

     (b)(1) A transfer of property other than real property shall be deemed made or suffered

when it becomes so far perfected that no subsequent lien obtainable by legal or equitable

proceedings on a simple contract could become superior to the rights of the transferee under § 27-

14.3-32(c);.

     (2) A transfer of real property shall be deemed made or suffered when it becomes so far

perfected that no subsequent bona fide purchaser from the insurer could obtain rights superior to

the rights of the transferee;.

     (3) A transfer that creates an equitable lien shall not be deemed perfected if there are

available means by which a legal lien could be created;.

     (4) Any transfer not perfected prior to the filing of a petition for liquidation shall be deemed

made immediately before the filing of the successful petition;.

     (5) The provisions of this subsection apply whether or not there are or were creditors who

might have obtained any liens or persons who might have become bona fide purchasers.

     (c) Any transaction of the insurer with a reinsurer shall be deemed fraudulent and may be

avoided by the receiver under subsection (a) of this section if:

     (1) The transaction consists of the termination, adjustment, or settlement of a reinsurance

contract in which the reinsurer is released from any part of its duty to pay the originally specified

share of losses that had occurred prior to the time of the transactions, unless the reinsurer gives a

present fair equivalent value for the release; and

     (2) Any part of the transaction took place within one year prior to the date of filing of the

petition through which the receivership was commenced.

     (d) Every person receiving any property from the insurer or any benefit of this thereof

which is a fraudulent transfer under subsection (a) of this section shall be personally liable for it

and shall be bound to account to the liquidator.

     (e) Notwithstanding subsection (a) of this section, § 27-14.3-31, or any other provision of

this chapter, no receiver or any other person shall avoid any transfer of, or any obligation to transfer,

money or any other property arising under or in connection with any pledge, security, credit,

collateral, loan, advances, reimbursement or guarantee agreement or arrangement or any similar

agreement, arrangement, or other credit enhancement to which a federal home loan bank, as defined

in § 27-14.3-5, is a party, that is made, incurred, or assumed prior to or after the filing of a successful

petition for rehabilitation or liquidation under this chapter, or otherwise would be subject to

avoidance under this section or § 27-14.3-31; provided, however, that a transfer may be avoided

under this section or § 27-14.3-31 if the transfer was made with actual intent to hinder, delay, or

defraud the insurer, a receiver appointed for the insurer, or existing or future creditors.

 

568)

Section

Amended By Chapter Numbers:

 

27-14.3-32

138 and 139

 

 

27-14.3-32. Voidable preferences and liens.

     (a)(1) A preference is a transfer of any of the property of an insurer to or for the benefit of

a creditor, for or on account of an antecedent debt, made or suffered by the insurer within one year

before the filing of a successful petition for liquidation under this chapter, the effect of which

transfer may be to enable the creditor to obtain a greater percentage of this debt than another

creditor of the same class would receive. If a liquidation order is entered while the insurer is already

subject to a rehabilitation order, then the transfers shall be deemed preferences if made or suffered

within one year before the filing of the successful petition for rehabilitation, or within two (2) years

before the filing of the successful petition for liquidation, whichever time is shorter;.

     (2) Any preference may be avoided by the liquidator if:

     (i) The insurer was insolvent at the time of the transfer;

     (ii) The transfer was made within four (4) months before the filing of the petition;

     (iii) The creditor receiving it or to be benefited by it or his or her agent acting with reference

to it had, at the time when the transfer was made, reasonable cause to believe that the insurer was

insolvent or was about to become insolvent; or

     (iv) The creditor receiving it was an officer, or any employee or attorney or other person

who was in fact in a position of comparable influence in the insurer to an officer whether or not he

or she held the petition, or any shareholder holding directly or indirectly more than five percent

(5%) of any class of any equity security issued by the insurer, or any other person, firm, corporation,

association, or aggregation of persons with whom the insurer did not deal at arm’s length;.

     (3) Where the preference is voidable, the liquidator may recover the property or, if it has

been converted, its value from any person who has received or converted the property; provided,

that where a bona fide purchaser or lienor has given less than fair equivalent value, he or she shall

have a lien upon the property to the extent of the consideration actually given by him or her. Where

a preference by way of lien or security title is voidable, the court may on due notice order the lien

or title preserved for the benefit of the estate, in the event the lien or title shall pass to the liquidator.

     (4) Notwithstanding subsection (a)(2) of this section, or any other provision of this chapter,

no receiver or any other person shall avoid any preference arising under or in connection with any

pledge, security, credit, collateral, loan, advances, reimbursement or guarantee agreement or

arrangement or any similar agreement, arrangement, or other credit enhancement to which a federal

home loan bank, as defined in § 27-14.3-5, is a party.

     (b)(1) A transfer of property other than real property shall be deemed made or suffered

when it becomes so far perfected that no subsequent lien obtainable by legal or equitable

proceedings on a simple contract could become superior to the rights of the transferee;.

     (2) A transfer of real property shall be deemed made or suffered when it becomes so far

perfected that no subsequent bona fide purchaser from the insurer could obtain rights superior to

the rights of the transferee;.

     (3) A transfer which creates an equitable lien shall not be deemed perfected if there are

available means by which a legal lien could be created;.

     (4) A transfer not perfected prior to the filing of a petition for liquidation shall be deemed

made immediately before the filing of the successful petition;.

     (5) The provisions of this subsection apply whether or not there are or were creditors who

might have obtained liens or persons who might have become bona fide purchasers.

     (c)(1) A lien obtainable by legal or equitable proceedings upon a simple contract is one

arising in the ordinary course of the proceedings upon the entry or docketing of a judgment or

decree, or upon attachment, garnishment, execution, or a similar process, whether before, upon, or

after judgment or decree and whether before or upon levy. It does not include liens that under

applicable law are given a special priority over other liens which are prior in time;.

     (2) A lien obtainable by legal or equitable proceedings could become superior to the rights

of a transferee or a purchaser could obtain rights superior to the rights of a transferee, within the

meaning of subsection (b) of this section, if the consequences would follow only from the lien or

purchase itself, or from the lien or purchase followed by any step wholly within the control of the

lienholder or purchaser, with or without the aid of ministerial action by public officials. That lien

could not become superior and that purchase could not create superior rights for the purpose of

subsection (b) of this section through any acts subsequent to the obtaining of the lien or subsequent

to the purchase which require the agreement or concurrence of any third party or which require any

further judicial action or ruling.

     (d) A transfer of property for or on account of a new and contemporaneous consideration

which is deemed under subsection (b) of this section made or suffered after the transfer because of

delay in perfecting it does not by this become a transfer for or on account of an antecedent debt if

any acts required by the applicable law to be performed in order to perfect the transfer as against

liens or bona fide purchasers’ rights are performed within twenty-one (21) days or any period

expressly allowed by the law, whichever is less. A transfer to secure a future loan, if the loan is

actually made, or a transfer, which becomes security for a future loan, shall have the same effect

as a transfer for or on account of a new and contemporaneous consideration.

     (e) If any lien deemed voidable under subdivision (a)(2) of this section has been dissolved

by the furnishing of a bond or other obligation, the surety on which has been indemnified directly

or indirectly by the transfer of or the creation of a lien upon any property of an insurer before the

filing of a petition under this chapter which results in a liquidation order, the indemnifying transfer

or lien shall also be deemed voidable.

     (f) The property affected by any lien deemed voidable under subsections (a) and (e) of this

section shall be discharged from the lien, and that property and any of the indemnifying property

transferred to or for the benefit of a surety shall pass to the liquidator, except that the court may on

due notice order any lien preserved for the benefit of the estate and the court may direct that

conveyance executed as may be proper or adequate to evidence the title of the liquidator.

     (g) The superior court for the county of Providence shall have summary jurisdiction of any

proceeding by the liquidator to hear and determine the rights of any parties under this section.

Reasonable notice of any hearing in the proceeding shall be given to all parties in interest, including

the obligee of a releasing bond or other similar obligation. Where an order is entered for the

recovery of indemnifying property in kind or for the avoidance of an indemnifying lien the court,

upon application of any party in interest, shall in the same proceeding ascertain the value of the

property or lien, and if the value is less than the amount for which the property is indemnity or than

the amount of the lien, the transferee or lienholder may elect to retain the property or lien upon

payment of its value, as ascertained by the court, to the liquidator, within any reasonable times as

the court shall fix.

     (h) The liability of the surety under a releasing bond or other similar obligation shall be

discharged to the extent of the value of the indemnifying property recovered or the indemnifying

lien nullified and avoided by the liquidator, or where the property is retained under subsection (g)

of this section to the extent of the amount paid to the liquidator.

     (i) If a creditor has been preferred, and afterward in good faith gives the insurer further

credit without security of any kind for property which becomes a part of the insurer’s estate, the

amount of the new credit remaining unpaid at the time of the petition may be set off against the

preference which would be recoverable from him or her.

     (j) If an insurer, directly or indirectly, within one year before the filing of a successful

petition for liquidation under this chapter, or at any time in contemplation of a proceeding to

liquidate it, pays money or transfers property to an attorney at law for services rendered or to be

rendered, the transactions may be examined by the court on its own motion or shall be examined

by the court on petition of the liquidator and shall be held valid only to the extent of a reasonable

amount to be determined by the court, and the excess may be recovered by the liquidator for the

benefits of the estate; provided, that where the attorney is in a position of influence in the insurer

or an affiliate of the insurer, payment of any money or the transfer of any property to the attorney

at law for services rendered or to be rendered shall be governed by the provision of subdivision

(a)(2)(iv) of this section.

     (k)(1) Every officer, manager, employee, shareholder, member, subscriber, attorney, or any

other person acting on behalf of the insurer who knowingly participates in giving any preference

when he or she has reasonable cause to believe the insurer is or is about to become insolvent at the

time of the preference shall be personally liable to the liquidator for the amount of the preference.

It is permissible to infer that there is a reasonable cause to believe this if the transfer was made

within four (4) months before the date of filing of this successful petition for liquidation;.

     (2) Every person receiving any property from the insurer or the benefit of the property as

a preference voidable under subsection (a) of this section shall be personally liable for it and shall

be bound to account to the liquidator;.

     (3) Nothing in this subsection shall prejudice any other claim by the liquidator against any

person.

 

569)

Section

Added By Chapter Numbers:

 

27-18-33.3

223 and 232

 

 

27-18-33.3. Patient choice in dispensing of clinician-administered drugs.

     (a) As used in this section,

     (1) "Clinician-administered drug" means an outpatient infused prescription drug other than

a vaccine that:

     (i) Cannot reasonably be self-administered by the patient to whom the drug is prescribed

or by a non-clinician individual assisting the patient with the self-administration; and

     (ii) Is typically administered:

     (A) By a health care healthcare professional authorized under the laws of this state to

administer the drug, including when acting under a physician's delegation and supervision; and

     (B) In a physician's office, hospital outpatient infusion center, or other clinical setting.

     (b) A health insurer or a third party acting on its behalf shall not refuse to authorize,

approve, or pay a provider for a covered clinician-administered drug that was administered and

dispensed by any in-network hospital or clinic; provided that:

     (1) The dispensing and administering and any associated authorizations and approvals are

consistent with the provider contract and the issuer's medical and payment policies provided such

policies do not prohibit the procurement, administration, and dispensing by an in-network hospital

or clinic; and

     (2) The reimbursement to the provider shall be negotiated between the health insurer and

provider at a rate equal to payments between the insurer and a preferred pharmacy.

     (c) After January 1, 2025, the office of the health insurance commissioner, in consultation

with health insurers and providers, shall conduct an analysis of the payment for

clinician­administered drugs under this section.

     (1) In conducting the analysis, the office of the health insurance commissioner may:

     (i) Gather data from providers regarding potentially inaccurate payments; and

     (ii) Obtain necessary information from health insurers to understand how reimbursements

to providers for clinician-administered drugs are calculated.

     (2) The office of the health insurance commissioner shall publish on its website a summary

of its analysis, without identifying any health insurers or providers.

     (3) The office of the health insurance commissioner may include in its analysis legislative

recommendations to improve the reimbursement process for clinician-administered drugs under

this section, as necessary. Any recommendations shall include a description of the

recommendation's potential costs to consumers, health insurers, providers, and the state.

     (4) The office of the health insurance commissioner shall provide the general assembly

with their analysis no later than February 28, 2026.

 

570)

Section

Amended By Chapter Numbers:

 

27-18-73

201 and 202

 

 

27-18-73. Prohibition on annual and lifetime limits.

     (a) Annual limits.

     (1) For plan or policy years beginning prior to January 1, 2014, for any individual, a health

insurance carrier and a health benefit plan subject to the jurisdiction of the commissioner under this

chapter may establish an annual limit on the dollar amount of benefits that are essential health

benefits provided the restricted annual limit is not less than the following:

     (A)(i) For a plan or policy year beginning after September 22, 2011, but before September

23, 2012 — one million two hundred fifty thousand dollars ($1,250,000); and

     (B)(ii) For a plan or policy year beginning after September 22, 2012, but before January 1,

2014 — two million dollars ($2,000,000).

     (2) For plan or policy years beginning on or after January 1, 2014, a health insurance carrier

and a health benefit plan shall not establish any annual limit on the dollar amount of essential health

benefits for any individual, except:

     (A)(i) A health flexible spending arrangement, as defined in Section 106(c)(2)(i) of the

Federal federal Internal Revenue Code, a medical savings account, as defined in section 220 of the

federal Internal Revenue Code, and a health savings account, as defined in Section 223 of the

federal Internal Revenue Code, are not subject to the requirements of subdivisions subsections

(a)(1) and (a)(2) of this subsection section.

     (B)(ii) The provisions of this subsection (a) shall not prevent a health insurance carrier and

a health benefit plan from placing annual dollar limits for any individual on specific covered

benefits that are not essential health benefits to the extent that such limits are otherwise permitted

under applicable federal law or the laws and regulations of this state.

     (3) In determining whether an individual has received benefits that meet or exceed the

allowable limits, as provided in subdivision subsection (a)(1) of this subsection, a health insurance

carrier and a health benefit plan shall take into account only essential health benefits.

     (b) Lifetime limits.

     (1) A health insurance carrier and health benefit plan offering group or individual health

insurance coverage shall not establish a lifetime limit on the dollar value of essential health benefits

for any individual.

     (2) Notwithstanding subdivision subsection (b)(1) above, a health insurance carrier and

health benefit plan is not prohibited from placing lifetime dollar limits for any individual on specific

covered benefits that are not essential health benefits, in accordance with federal laws and

regulations.

     (c)(1) The provisions of this section relating to lifetime limits apply to any health insurance

carrier providing coverage under an individual or group health plan, including grandfathered health

plans.

     (2) The provisions of this section relating to annual limits apply to any health insurance

carrier providing coverage under a group health plan, including grandfathered health plans, but the

prohibition and limits on annual limits do not apply to grandfathered health plans providing

individual health insurance coverage.

     (d) This section shall not apply to a plan or to policy years prior to January 1, 2014 for

which the Secretary of the U.S. Department of Health and Human Services issued a waiver pursuant

to 45 C.F.R. § 147.126(d)(3). This section also shall not apply to insurance coverage providing

benefits for: (1) hospital Hospital confinement indemnity; (2) disability Disability income; (3)

accident Accident only; (4) long Long-term care; (5) Medicare supplement; (6) limited Limited

benefit health; (7) specified Specified disease indemnity; (8) sickness Sickness or bodily injury or

death by accident or both; and (9) other Other limited benefit policies.

     (e) If the commissioner of the office of the health insurance commissioner determines that

the corresponding provision of the federal Patient Protection and Affordable Care Act has been

declared invalid by a final judgment of the federal judicial branch or has been repealed by an act

of Congress, on the date of the commissioner’s determination this section shall have its

effectiveness suspended indefinitely, and the commissioner shall take no action to enforce this

section. Nothing in this subsection shall be construed to limit the authority of the Commissioner to

regulate health insurance under existing state law.

 

571)

Section

Amended By Chapter Numbers:

 

27-18-91

126 and 127, and 403 Article 2

 

 

PL. 126 and PL. 127

 

 

27-18-91. Coverage for treatment of pre-exposure prophylaxis (PrEP) for the

prevention of HIV and post-exposure prophylaxis (PEP) to prevent HIV infection. [Effective

January 1, 2024.]

     (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, 2024, shall provide coverage for treatment of

pre-exposure prophylaxis (“PrEP”) for the prevention of HIV and post-exposure prophylaxis

(“PEP”) to prevent HIV infection. Each long-acting injectable drug with a different duration shall

constitute a separate method of administration. A health insurer is not required to cover any pre-

exposure prophylaxis drug or post-exposure prophylaxis drug dispensed or administered by an out-

of-network pharmacy provider unless the enrollee’s health plan provides an out-of-network

pharmacy benefit.

     (b) The healthcare benefits outlined in this chaptersection apply only to services delivered

within the health insurer’s provider network; provided that, all health insurers shall be required to

provide coverage for those benefits mandated by this chaptersection outside of the health insurer’s

provider network where it can be established that the required services are not available from a

provider in the health insurer’s network.

     (c) A health insurer shall provide access to at least one pre-exposure (“PrEP”) drug in each

method of administration and at least one of the Centers for Disease Control and Prevention

preferred post-exposure (“PEP”) drug treatment regimen, without any prior authorization or step

therapy requirement. There shall be no copayment required, and no deductible shall need to be met,

to obtain the prescription covered by the contract, plan, or policy.

 

PL. 403 (Article 2)

   (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, 2024, shall provide coverage for treatment of

pre-exposure prophylaxis (“PrEP”) for the prevention of HIV and post-exposure prophylaxis

(“PEP”) to prevent HIV infection. Each long-acting injectable drug with a different duration shall

constitute a separate method of administration. A health insurer is not required to cover any pre-

exposure prophylaxis drug or post-exposure prophylaxis drug dispensed or administered by an out-

of-network pharmacy provider unless the enrollee’s health plan provides an out-of-network

pharmacy benefit.

 

572)

Section

Repealed and Amended By Chapter Numbers:

 

27-18-92

126 and 127, 403 (Article 2)

 

 

PL. 126 and PL. 127

 

 

27-18-92. [Repealed]

 

 

 

 

 

PL. 403

 

 

27-18-92.  Expedited prior authorization for HIV PrEP or PEP drugs.

 [Effective January 1, 2024.]

     To the extent a prior authorization is permitted and applied for the prescribing,

dispensing, and administration of HIV PrEP or PEP drugs, then it shall be conducted in an

expedited manner as soon as possible, but no later than seventy-two (72) hours pursuant to § 27-

18.9-6(a)(1). Provided, however, that the provisions of the amendment to this section shall no

longer be in effect upon the effective date of any repeal of this section, as may be enacted

during the 2024 legislative session.

 

573)

Section

Added By Chapter Numbers:

 

27-19-26.3

223 and 232

 

 

27-19-26.3. Patient choice in dispensing of clinician-administered drugs.

     (a) As used in this section,

     (1) "Clinician-administered drug" means an outpatient infused prescription drug other than

a vaccine that:

     (i) Cannot reasonably be self-administered by the patient to whom the drug is prescribed

or by a non-clinician individual assisting the patient with the self-administration; and

     (ii) Is typically administered:

     (A) By a health care healthcare professional authorized under the laws of this state to

administer the drug, including when acting under a physician's delegation and supervision; and

     (B) In a physician's office, hospital outpatient infusion center, or other clinical setting.

     (b) A health insurer or a third party acting on its behalf shall not refuse to authorize,

approve, or pay a provider for a covered clinician-administered drug that was administered and

dispensed by any in-network hospital or clinic; provided that:

     (1) The dispensing and administering and any associated authorizations and approvals are

consistent with the provider contract and the issuer's medical and payment policies provided such

policies do not prohibit the procurement, administration, and dispensing by an in-network hospital

or clinic; and

     (2) The reimbursement to the provider shall be negotiated between the health insurer and

provider at a rate equal to payments between the insurer and a preferred pharmacy.

     (c) After January 1, 2025, the office of the health insurance commissioner, in consultation

with health insurers and providers, shall conduct an analysis of the payment for

clinician­administered drugs under this section.

     (1) In conducting the analysis, the office of the health insurance commissioner may:

     (i) Gather data from providers regarding potentially inaccurate payments; and

     (ii) Obtain necessary information from health insurers to understand how reimbursements

to providers for clinician-administered drugs are calculated.

     (2) The office of the health insurance commissioner shall publish on its website a summary

of its analysis, without identifying any health insurers or providers.

     (3) The office of the health insurance commissioner may include in its analysis legislative

recommendations to improve the reimbursement process for clinician-administered drugs under

this section, as necessary. Any recommendations shall include a description of the

recommendation's potential costs to consumers, health insurers, providers, and the state.

     (4) The office of the health insurance commissioner shall provide the general assembly

with their analysis no later than February 28, 2026.

 

574)

Section

Amended By Chapter Numbers:

 

27-19-63

201 and 202

 

 

27-19-63. Prohibition on annual and lifetime limits.

     (a) Annual limits.

     (1) For plan or policy years beginning prior to January 1, 2014, for any individual, a health

insurance carrier and health benefit plan subject to the jurisdiction of the commissioner under this

chapter may establish an annual limit on the dollar amount of benefits that are essential health

benefits provided the restricted annual limit is not less than the following:

     (i) For a plan or policy year beginning after September 22, 2011, but before September 23,

2012 — one million two hundred fifty thousand dollars ($1,250,000); and

     (ii) For a plan or policy year beginning after September 22, 2012, but before January 1,

2014 — two million dollars ($2,000,000).

     (2) For plan or policy years beginning on or after January 1, 2014, a health insurance carrier

and health benefit plan shall not establish any annual limit on the dollar amount of essential health

benefits for any individual, except:

     (i) A health flexible spending arrangement, as defined in section 106(c)(2) of the Internal

Revenue Code, a medical savings account, as defined in section 220 of the Internal Revenue Code,

and a health savings account, as defined in section 223 of the Internal Revenue Code, are not subject

to the requirements of subsections (a)(1) and (a)(2) of this section.

     (ii) The provisions of this subsection (a) shall not prevent a health insurance carrier and

health benefit plan from placing annual dollar limits for any individual on specific covered benefits

that are not essential health benefits to the extent that such limits are otherwise permitted under

applicable federal law or the laws and regulations of this state.

     (3) In determining whether an individual has received benefits that meet or exceed the

allowable limits, as provided in subsection (a)(1) of this section, a health insurance carrier and

health benefit plan shall take into account only essential health benefits.

     (b) Lifetime limits.

     (1) A health insurance carrier and health benefit plan offering group or individual health

insurance coverage shall not establish a lifetime limit on the dollar value of essential health benefits

for any individual.

     (2) Notwithstanding subsection (b)(1), a health insurance carrier and health benefit plan is

not prohibited from placing lifetime dollar limits for any individual on specific covered benefits

that are not essential health benefits in accordance with federal laws and regulations.

     (c)(1) The provisions of this section relating to lifetime limits apply to any health insurance

carrier providing coverage under an individual or group health plan, including grandfathered health

plans.

     (2) The provisions of this section relating to annual limits apply to any health insurance

carrier providing coverage under a group health plan, including grandfathered health plans, but the

prohibition and limits on annual limits do not apply to grandfathered health plans providing

individual health insurance coverage.

     (d) This section shall not apply to a plan or to policy years prior to January 1, 2014, for

which the Secretary of the U.S. Department of Health and Human Services issued a waiver pursuant

to 45 C.F.R. § 147.126(d)(3). This section also shall not apply to insurance coverage providing

benefits for: (1) Hospital confinement indemnity; (2) Disability income; (3) Accident only; (4)

Long-term care; (5) Medicare supplement; (6) Limited benefit health; (7) Specified disease

indemnity; (8) Sickness or bodily injury or death by accident or both; and (9) Other limited benefit

policies.

     (e) If the commissioner of the office of the health insurance commissioner determines that

the corresponding provision of the federal Patient Protection and Affordable Care Act has been

declared invalid by a final judgment of the federal judicial branch or has been repealed by an act

of Congress, on the date of the commissioner’s determination this section shall have its

effectiveness suspended indefinitely, and the commissioner shall take no action to enforce this

section. Nothing in this subsection shall be construed to limit the authority of the commissioner to

regulate health insurance under existing state law.

 

575)

Section

Amended By Chapter Numbers:

 

27-19-83

126 and 127, and 403 (Article 2)

 

 

P.L. 126 and P.L. 127

 

 

27-19-83. Coverage for treatment of pre-exposure prophylaxis (PrEP) for the

prevention of HIV and post-exposure prophylaxis (PEP) to prevent HIV infection. [Effective

January 1, 2024.]

     (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, 2024, shall provide coverage for treatment of

pre-exposure prophylaxis (“PrEP”) for the prevention of HIV and post-exposure prophylaxis

(“PEP”) to prevent HIV infection. Each long-acting injectable drug with a different duration shall

constitute a separate method of administration. A health insurer is not required to cover any pre-

exposure prophylaxis drug or post-exposure prophylaxis drug dispensed or administered by an out-

of-network pharmacy provider unless the enrollee’s health plan provides an out-of-network

pharmacy benefit.

     (b) The healthcare benefits outlined in this chaptersection apply only to services delivered

within the health insurer’s provider network; provided that, all health insurers shall be required to

provide coverage for those benefits mandated by this chaptersection outside of the health insurer’s

provider network where it can be established that the required services are not available from a

provider in the health insurer’s network.

     (c) A health insurer shall provide access to at least one pre-exposure (“PrEP”) drug in each

method of administration and at least one of the Centers for Disease Control and Prevention

preferred post-exposure (“PEP”) drug treatment regimen, without any prior authorization or step

therapy requirement. There shall be no copayment required, and no deductible shall need to be met,

to obtain the prescription covered by the contract, plan, or policy.

 

P.L. 403 (Article 2)

27-19-83. Coverage for treatment of pre-exposure prophylaxis (PrEP) for the

prevention of HIV and post-exposure prophylaxis (PEP) to prevent HIV infection. [Effective

January 1, 2024.]

     (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, 2024, shall provide coverage for treatment of

pre-exposure prophylaxis (“PrEP”) for the prevention of HIV and post-exposure prophylaxis

(“PEP”) to prevent HIV infection. Each long-acting injectable drug with a different duration shall

constitute a separate method of administration. A health insurer is not required to cover any pre-

exposure prophylaxis drug or post-exposure prophylaxis drug dispensed or administered by an out-

of-network pharmacy provider unless the enrollee’s health plan provides an out-of-network

pharmacy benefit.

     (b) The healthcare benefits outlined in this chapter section apply only to services delivered

within the health insurer’s provider network; provided that, all health insurers shall be required to

provide coverage for those benefits mandated by this chapter section outside of the health insurer’s

provider network where it can be established that the required services are not available from a

provider in the health insurer’s network.

 

576)

Section

Repealed and Amended By Chapter Numbers:

 

27-19-84

126 and 127, 403 (Article 2)

 

 

P.L. 126 and P.L. 127: 

 

 

27-19-84 [Repealed]

 

 

 

 

 

P.L. 403 (Article 2):   27-19-84

 

 

27-19-84.  Expedited prior authorization for HIV PrEP or PEP drugs.

 [Effective January 1, 2024.]

     To the extent a prior authorization is permitted and applied for the prescribing,

dispensing, and administration of HIV PrEP or PEP drugs, then it shall be conducted in an

expedited manner as soon as possible, but no later than seventy-two (72) hours pursuant to § 27-

18.9-6(a)(1). Provided, however, that the provisions of the amendment to this section shall no

longer be in effect upon the effective date of any repeal of this section, as may be enacted

during the 2024 legislative session.

 

577)

Section

Added By Chapter Numbers:

 

27-20-23.3

223 and 232

 

 

27-20-23.3. Patient choice in dispensing of clinician-administered drugs.

     (a) As used in this section,

     (1) "Clinician-administered drug" means an outpatient infused prescription drug other than

a vaccine that:

     (i) Cannot reasonably be self-administered by the patient to whom the drug is prescribed

or by a non-clinician individual assisting the patient with the self-administration; and

     (ii) Is typically administered:

     (A) By a health care healthcare professional authorized under the laws of this state to

administer the drug, including when acting under a physician's delegation and supervision; and

     (B) In a physician's office, hospital outpatient infusion center, or other clinical setting.

     (b) A health insurer or a third party acting on its behalf shall not refuse to authorize,

approve, or pay a provider for a covered clinician-administered drug that was administered and

dispensed by any in-network hospital or clinic; provided that:

     (1) The dispensing and administering and any associated authorizations and approvals are

consistent with the provider contract and the issuer's medical and payment policies provided such

policies do not prohibit the procurement, administration, and dispensing by an in-network hospital

or clinic; and

     (2) The reimbursement to the provider shall be negotiated between the health insurer and

provider at a rate equal to payments between the insurer and a preferred pharmacy.

     (c) After January 1, 2025, the office of the health insurance commissioner, in consultation

with health insurers and providers, shall conduct an analysis of the payment for

clinician­administered drugs under this section.

     (1) In conducting the analysis, the office of the health insurance commissioner may:

     (i) Gather data from providers regarding potentially inaccurate payments; and

     (ii) Obtain necessary information from health insurers to understand how reimbursements

to providers for clinician-administered drugs are calculated.

     (2) The office of the health insurance commissioner shall publish on its website a summary

of its analysis, without identifying any health insurers or providers.

     (3) The office of the health insurance commissioner may include in its analysis legislative

recommendations to improve the reimbursement process for clinician-administered drugs under

this section, as necessary. Any recommendations shall include a description of the

recommendation's potential costs to consumers, health insurers, providers, and the state.

     (4) The office of the health insurance commissioner shall provide the general assembly

with their analysis no later than February 28, 2026.

 

578)

Section

Amended By Chapter Numbers:

 

27-20-59

201 and 202

 

 

27-20-59. Annual and lifetime limits.

     (a) Annual limits.

     (1) For plan or policy years beginning prior to January 1, 2014, for any individual, a health

insurance carrier and health benefit plan subject to the jurisdiction of the commissioner under this

chapter may establish an annual limit on the dollar amount of benefits that are essential health

benefits provided the restricted annual limit is not less than the following:

     (i) For a plan or policy year beginning after September 22, 2011, but before September 23,

2012 — one million two hundred fifty thousand dollars ($1,250,000); and

     (ii) For a plan or policy year beginning after September 22, 2012, but before January 1,

2014 — two million dollars ($2,000,000).

     (2) For plan or policy years beginning on or after January 1, 2014, a health insurance carrier

and health benefit plan shall not establish any annual limit on the dollar amount of essential health

benefits for any individual, except:

     (i) A health flexible spending arrangement, as defined in section 106(c)(2) of the federal

Internal Revenue Code, a medical savings account, as defined in section 220 of the federal Internal

Revenue Code, and a health savings account, as defined in section 223 of the federal Internal

Revenue Code, are not subject to the requirements of subsections (a)(1) and (a)(2) of this section;

and

     (ii) The provisions of this subsection (a) shall not prevent a health insurance carrier from

placing annual dollar limits for any individual on specific covered benefits that are not essential

health benefits to the extent that such limits are otherwise permitted under applicable federal law

or the laws and regulations of this state.

     (3) In determining whether an individual has received benefits that meet or exceed the

allowable limits, as provided in subsection (a)(1) of this section, a health insurance carrier shall

take into account only essential health benefits.

     (b) Lifetime limits.(1) A health insurance carrier and health benefit plan offering group or

individual health insurance coverage shall not establish a lifetime limit on the dollar value of

essential health benefits for any individual.

     (2) Notwithstanding subsection (b)(1) above, a health insurance carrier and health benefit

plan is not prohibited from placing lifetime dollar limits for any individual on specific covered

benefits that are not essential health benefits, as designated pursuant to a state determination and in

accordance with federal laws and regulations.

     (c)(1) Except as provided in subsection (c)(2) of this section, this section applies to any

health insurance carrier providing coverage under an individual or group health plan.

     (2)(i) The prohibition on lifetime limits applies to grandfathered health plans.

     (ii) The prohibition and limits on annual limits apply to grandfathered health plans

providing group health insurance coverage, but the prohibition and limits on annual limits do not

apply to grandfathered health plans providing individual health insurance coverage.

     (d) This section shall not apply to a plan or to policy years prior to January 1, 2014, for

which the Secretary of the U.S. Department of Health and Human Services issued a waiver pursuant

to 45 C.F.R. § 147.126(d)(3). This section also shall not apply to insurance coverage providing

benefits for: (1) Hospital confinement indemnity; (2) Disability income; (3) Accident only; (4)

Long-term care; (5) Medicare supplement; (6) Limited benefit health; (7) Specified disease

indemnity; (8) Sickness or bodily injury or death by accident or both; and (9) Other limited benefit

policies.

     (e) If the commissioner of the office of the health insurance commissioner determines that

the corresponding provision of the federal Patient Protection and Affordable Care Act has been

declared invalid by a final judgment of the federal judicial branch or has been repealed by an act

of Congress, on the date of the commissioner’s determination this section shall have its

effectiveness suspended indefinitely, and the commissioner shall take no action to enforce this

section. Nothing in this subsection shall be construed to limit the authority of the commissioner to

regulate health insurance under existing state law.

 

579)

Section

Amended By Chapter Numbers:

 

27-20-79

126 and 127, and 403 (Article 2)

 

 

PL.126 and PL. 127

 

 

27-20-79. Coverage for treatment of pre-exposure prophylaxis (PrEP) for the

prevention of HIV and post-exposure prophylaxis (PEP) to prevent HIV infection. [Effective

January 1, 2024.]

     (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, 2024, shall provide coverage for treatment of

pre-exposure prophylaxis (“PrEP”) for the prevention of HIV and post-exposure prophylaxis

(“PEP”) to prevent HIV infection. Each long-acting injectable drug with a different duration shall

constitute a separate method of administration. A health insurer is not required to cover any pre-

exposure prophylaxis drug or post-exposure prophylaxis drug dispensed or administered by an out-

of-network pharmacy provider unless the enrollee’s health plan provides an out-of-network

pharmacy benefit.

     (b) The healthcare benefits outlined in this chaptersection apply only to services delivered

within the health insurer’s provider network; provided that, all health insurers shall be required to

provide coverage for those benefits mandated by this chaptersection outside of the health insurer’s

provider network where it can be established that the required services are not available from a

provider in the health insurer’s network.

     (c) A health insurer shall provide access to at least one pre-exposure (“PrEP”) drug in each

method of administration and at least one of the Centers for Disease Control and Prevention

preferred post-exposure (“PEP”) drug treatment regimen, without any prior authorization or step

therapy requirement. There shall be no copayment required, and no deductible shall need to be met,

to obtain the prescription covered by the contract, plan, or policy.

 

PL. 403 (Article 2)

27-20-79. Coverage for treatment of pre-exposure prophylaxis (PrEP) for the

prevention of HIV and post-exposure prophylaxis (PEP) to prevent HIV infection. [Effective

January 1, 2024.]

     (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, 2024, shall provide coverage for treatment of

pre-exposure prophylaxis (“PrEP”) for the prevention of HIV and post-exposure prophylaxis

(“PEP”) to prevent HIV infection. Each long-acting injectable drug with a different duration shall

constitute a separate method of administration. A health insurer is not required to cover any pre-

exposure prophylaxis drug or post-exposure prophylaxis drug dispensed or administered by an out-

of-network pharmacy provider unless the enrollee’s health plan provides an out-of-network

pharmacy benefit.

     (b) The healthcare benefits outlined in this chapter section apply only to services delivered

within the health insurer’s provider network; provided that, all health insurers shall be required to

provide coverage for those benefits mandated by this chapter section outside of the health insurer’s

provider network where it can be established that the required services are not available from a

provider in the health insurer’s network.

 

580)

Section

Repealed and Added By Chapter Numbers:

 

27-20-80

126 and 127, and 403 (Article 2)

 

 

PL. 126 and PL. 127

 

 

27-20-80. [Repealed]

 

 

 

 

 

PL. 403 (Article 2)

 

 

27-20-80. Expedited prior authorization for HIV PrEP or PEP drugs.

 [Effective January 1, 2024.]

     To the extent a prior authorization is permitted and applied for the prescribing,

dispensing, and administration of HIV PrEP or PEP drugs, then it shall be conducted in an

expedited manner as soon as possible, but no later than seventy-two (72) hours pursuant § 27-18.9-

6(a)(1). Provided, however, that the provisions of the amendment to this section shall no

longer be in effect upon the effective date of any repeal of this section, as may be enacted

during the 2024 legislative session.

 

 

581)

Section

Amended By Chapter Numbers:

 

27-20.7-7

318 and 319

 

 

27-20.7-7. Responsibilities of the insurer.

     (a) If an insurer utilizes the services of an administrator, the insurer shall be responsible for

determining the benefits, premium rates, underwriting criteria, and claims payment procedures

applicable to the coverage and for securing reinsurance, if any. The rules pertaining to these matters

must be provided, in writing, by the insurer to the administrator. The responsibilities of the

administrator as to any of these matters shall be set forth in the written agreement between the

administrator and the insurer.

     (b) It is the sole responsibility of the insurer to provide for competent administration of its

programs.

     (c) In cases where an administrator administers benefits for more than one hundred (100)

certificate holders on behalf of an insurer, the insurer shall, at least semi-annually, conduct a review

of the operations of the administrator. At least one of these reviews shall be an on-site audit of the

operations of the administrator.

 

582)

Section

Added By Chapter Numbers:

 

27-41-38.4

223 and 232

 

 

27-41-38.4. Patient choice in dispensing of clinician-administered drugs.

     (a) As used in this section,

     (1) "Clinician-administered drug" means an outpatient infused prescription drug other than

a vaccine that:

     (i) Cannot reasonably be self-administered by the patient to whom the drug is prescribed

or by a non-clinician individual assisting the patient with the self-administration; and

     (ii) Is typically administered:

     (A) By a health care healthcare professional authorized under the laws of this state to

administer the drug, including when acting under a physician's delegation and supervision; and

     (B) In a physician's office, hospital outpatient infusion center, or other clinical setting.

     (b) A health insurer or a third party acting on its behalf shall not refuse to authorize,

approve, or pay a provider for a covered clinician-administered drug that was administered and

dispensed by any in-network hospital or clinic; provided that:

     (1) The dispensing and administering and any associated authorizations and approvals are

consistent with the provider contract and the issuer's medical and payment policies provided such

policies do not prohibit the procurement, administration, and dispensing by an in-network hospital

or clinic; and

     (2) The reimbursement to the provider shall be negotiated between the health insurer and

provider at a rate equal to payments between the insurer and a preferred pharmacy.

     (c) After January 1, 2025, the office of the health insurance commissioner, in consultation

with health insurers and providers, shall conduct an analysis of the payment for

clinician­administered drugs under this section.

     (1) In conducting the analysis, the office of the health insurance commissioner may:

     (i) Gather data from providers regarding potentially inaccurate payments; and

     (ii) Obtain necessary information from health insurers to understand how reimbursements

to providers for clinician-administered drugs are calculated.

     (2) The office of the health insurance commissioner shall publish on its website a summary

of its analysis, without identifying any health insurers or providers.

     (3) The office of the health insurance commissioner may include in its analysis legislative

recommendations to improve the reimbursement process for clinician-administered drugs under

this section, as necessary. Any recommendations shall include a description of the

recommendation's potential costs to consumers, health insurers, providers, and the state.

     (4) The office of the health insurance commissioner shall provide the general assembly

with their analysis no later than February 28, 2026.

 

583)

Section

Amended By Chapter Numbers:

 

27-41-76

201 and 202

 

 

27-41-76. Prohibition on annual and lifetime limits.

     (a) Annual limits.

     (1) For plan or policy years beginning prior to January 1, 2014, for any individual, a health

maintenance organization subject to the jurisdiction of the commissioner under this chapter may

establish an annual limit on the dollar amount of benefits that are essential health benefits provided

the restricted annual limit is not less than the following:

     (i) For a plan or policy year beginning after September 22, 2011, but before September 23,

2012 — one million two hundred fifty thousand dollars ($1,250,000); and

     (ii) For a plan or policy year beginning after September 22, 2012, but before January 1,

2014 — two million dollars ($2,000,000).

     (2) For plan or policy years beginning on or after January 1, 2014, a health maintenance

organization shall not establish any annual limit on the dollar amount of essential health benefits

for any individual, except:

     (i) A health flexible spending arrangement, as defined in 26 U.S.C. § 106(c)(2), a medical

savings account, as defined in 26 U.S.C. § 220, and a health savings account, as defined in 26

U.S.C. § 223, are not subject to the requirements of subsections (a)(1) and (a)(2) of this section.

     (ii) The provisions of this subsection (a) shall not prevent a health maintenance

organization from placing annual dollar limits for any individual on specific covered benefits that

are not essential health benefits to the extent that such limits are otherwise permitted under

applicable federal law or the laws and regulations of this state.

     (3) In determining whether an individual has received benefits that meet or exceed the

allowable limits, as provided in subsection (a)(1) of this section, a health maintenance organization

shall take into account only essential health benefits.

     (b) Lifetime limits.

     (1) A health insurance carrier and health benefit plan offering group or individual health

insurance coverage shall not establish a lifetime limit on the dollar value of essential health benefits

for any individual.

     (2) Notwithstanding subsection (b)(1), a health insurance carrier and health benefit plan is

not prohibited from placing lifetime dollar limits for any individual on specific covered benefits

that are not essential health benefits in accordance with federal laws and regulations.

     (c)(1) The provisions of this section relating to lifetime limits apply to any health

maintenance organization or health insurance carrier providing coverage under an individual or

group health plan, including grandfathered health plans.

     (2) The provisions of this section relating to annual limits apply to any health maintenance

organization or health insurance carrier providing coverage under a group health plan, including

grandfathered health plans, but the prohibition and limits on annual limits do not apply to

grandfathered health plans providing individual health insurance coverage.

     (d) This section shall not apply to a plan or to policy years prior to January 1, 2014, for

which the Secretary of the U.S. Department of Health and Human Services issued a waiver pursuant

to 45 C.F.R. § 147.126(d)(3). This section also shall not apply to insurance coverage providing

benefits for: (1) Hospital confinement indemnity; (2) Disability income; (3) Accident only; (4)

Long-term care; (5) Medicare supplement; (6) Limited benefit health; (7) Specified disease

indemnity; (8) Sickness or bodily injury or death by accident or both; and (9) Other limited benefit

policies.

     (e) If the commissioner of the office of the health insurance commissioner determines that

the corresponding provision of the federal Patient Protection and Affordable Care Act has been

declared invalid by a final judgment of the federal judicial branch or has been repealed by an act

of Congress, on the date of the commissioner’s determination this section shall have its

effectiveness suspended indefinitely, and the commissioner shall take no action to enforce this

section. Nothing in this subsection shall be construed to limit the authority of the commissioner to

regulate health insurance under existing state law.

 

584)

Section

Amended By Chapter Numbers:

 

27-41-96

126 and 127, and 403 (Article 2)

 

 

PL. 126 and PL. 127

 

 

27-41-96. Coverage for treatment of pre-exposure prophylaxis (PrEP) for the

prevention of HIV and post-exposure prophylaxis (PEP) to prevent HIV infection. [Effective

January 1, 2024.]

     (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, 2024, shall provide coverage for treatment of

pre-exposure prophylaxis (“PrEP”) for the prevention of HIV and post-exposure prophylaxis

(“PEP”) to prevent HIV infection. Each long-acting injectable drug with a different duration shall

constitute a separate method of administration. A health insurer is not required to cover any pre-

exposure prophylaxis drug or post-exposure prophylaxis drug dispensed or administered by an out-

of-network pharmacy provider unless the enrollee’s health plan provides an out-of-network

pharmacy benefit.

     (b) The healthcare benefits outlined in this chaptersection apply only to services delivered

within the health insurer’s provider network; provided that, all health insurers shall be required to

provide coverage for those benefits mandated by this chaptersection outside of the health insurer’s

provider network where it can be established that the required services are not available from a

provider in the health insurer’s network.

     (c) A health insurer shall provide access to at least one pre-exposure (“PrEP”) drug in each

method of administration and at least one of the Centers for Disease Control and Prevention

preferred post-exposure (“PEP”) drug treatment regimen, without any prior authorization or step

therapy requirement. There shall be no copayment required, and no deductible shall need to be met,

to obtain the prescription covered by the contract, plan, or policy.

 

P.L. 403 (Article 2)

27-41-96. Coverage for treatment of pre-exposure prophylaxis (PrEP) for the

prevention of HIV and post-exposure prophylaxis (PEP) to prevent HIV infection. [Effective

January 1, 2024.]

     (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, 2024, shall provide coverage for treatment of

pre-exposure prophylaxis (“PrEP”) for the prevention of HIV and post-exposure prophylaxis

(“PEP”) to prevent HIV infection. Each long-acting injectable drug with a different duration shall

constitute a separate method of administration. A health insurer is not required to cover any pre-

exposure prophylaxis drug or post-exposure prophylaxis drug dispensed or administered by an out-

of-network pharmacy provider unless the enrollee’s health plan provides an out-of-network

pharmacy benefit.

     (b) The healthcare benefits outlined in this chapter section apply only to services delivered

within the health insurer’s provider network; provided that, all health insurers shall be required to

provide coverage for those benefits mandated by this chapter section outside of the health insurer’s

provider network where it can be established that the required services are not available from a

provider in the health insurer’s network.

 

 

585)

Section

Repealed and Amended By Chapter Numbers:

 

27-41-97

126 and 127, and 403 (Article 2)

 

 

PL. 126 and PL.127

 

 

27-41-97. [Repealed]

 

 

 

 

 

PL. 403 (Article 2)

 

 

27-41-97. Expedited prior authorization for HIV PrEP or PEP drugs.

 [Effective January 1, 2024.]

     To the extent a prior authorization is permitted and applied for the prescribing,

dispensing, and administration of HIV PrEP or PEP drugs, then it shall be conducted in an

expedited manner as soon as possible, but no later than seventy-two (72) hours pursuant to § 27-

18.9-6(a)(1). Provided, however, that the provisions of the amendment to this section shall no

longer be in effect upon the effective date of any repeal of this section, as may be enacted

during the 2024 legislative session

 

586)

Section

Added By Chapter Numbers:

 

27-82

226 and 227

 

 

CHAPTER 82

DENTAL INSURANCE LOSS RATIO REPORTING AND STUDY ACT

 

587)

Section

Added By Chapter Numbers:

 

27-82-1

226 and 227

 

 

27-82-1. Short title.

     This chapter shall be known and may be cited as the "Dental Insurance Loss Ratio

Reporting and Study Act."

 

588)

Section

Added By Chapter Numbers:

 

27-82-2

226 and 227

 

 

27-82-2. Definitions.

     As used in this chapter, the following terms shall mean:

     (1) "Commissioner" or "health insurance commissioner" shall have the meaning set forth

in § 27-18-1.1.

     (2) "Dental health insurance carrier" means a health insurance carrier, as defined in § 27-

18-1.1, to the extent that it provides insured dental services benefits coverage, including any entity

providing individual or group coverage for dental or oral surgery services or procedures:

      (i) Through an individual or group policy of health, accident, and sickness insurance under

this title;

     (ii) As a nonprofit hospital service corporation organized under chapter 19 of this title;

     (iii) As a nonprofit medical service corporation organized under chapter 20 of this title;

     (iv) As a nonprofit dental service corporation organized under chapter 20.1 of this title;

and/or

     (v) As a health maintenance organization organized under chapter 41 of this title.

     (3) “Dental loss ratio” (DLR) means the percentage of dental premium dollars spent on

patient care, calculated as follows:

     (i) The numerator in the DLR is the incurred claims as defined in this section; and

     (ii) The denominator in the DLR is the earned premiums as defined in this section.

     (4) "Earned premiums" means, for any reporting year, the premium received up to the loss

measurement ratio date for coverage provided during the reporting year minus federal and state

taxes and assessments, and pass through payments made by the dental health insurance carrier as a

billing convenience for commissions or fees charged by a broker or consultant retained by the group

or individual receiving coverage, and for which the group or individual, as opposed to the dental

health insurance carrier, is responsible for payment.

     (5) "Health insurance carrier" shall have the same meaning set forth in § 27-18-1.1.

     (6) "Incurred claims" means, for a reporting year, the claims for which services were

provided in the reporting year, including an estimate of unpaid claim reserves and incurred value-

based care incentive pool and bonuses, the costs related to improving health care healthcare quality

and access, fraud reduction, charitable contributions made to nonprofit entities to improve access

to dental care to the disadvantaged and underserved populations; to encourage and support

workforce development as it relates to all components of dental care delivery including dentists,

hygienists, and assistants, and costs incurred for dental care management, including utilization

review.

     (7) "Reporting year" means a calendar year during which group or individual dental

coverage is provided by a policy, contract, or certificate covering dental services.

 

589)

Section

Added By Chapter Numbers:

 

27-82-3

226 and 227

 

 

27-82-3. Reporting.

     Notwithstanding any provision of the general laws to the contrary, dental health insurance

carriers shall, on or before March 1, 2025, for reporting years 2023 and 2024, and on or before

March 1, 2026, for reporting year 2025, (the "transition period"), file with the commissioner, in a

format prescribed by the commissioner, an actuarial memorandum disclosing its incurred claims

and earned premiums for the preceding calendar reporting year, together with such additional

information as may be provided for in regulations promulgated by the commissioncommissioner

in accordance with this chapter.

 

590)

Section

Added By Chapter Numbers:

 

27-82-4

226 and 227

 

 

27-82-4. Exemptions.

     The reporting required by this chapter shall not apply to dental insurance plans issued,

delivered, or renewed to a self-insured group or where the carrier is acting as a third-party

administrator.

 

591)

Section

Added By Chapter Numbers:

 

27-82-5

226 and 227

 

 

27-82-5. Regulations.

     The commissioner shall, by January 1, 2025, promulgate rules and regulations as are

necessary to carry out and effectuate the provisions of this chapter.

 

592)

Section

Added By Chapter Numbers:

 

27-82-6

226 and 227

 

 

27-82-6. Study report.

     (a) On or before October 1, 2026, the commissioner shall provide the general assembly

with an analysis of the reporting information furnished pursuant to § 27-82-427-82-3, and

recommendations with respect to a minimum dental loss ratio. The report shall also include

recommendations with respect to requiring dental health carriers to offer a full range of

comprehensive dental benefit plans, including, but not limited to, one hundred percent (100%)

coverage options.

     (b) The commissioner shall make a special annual assessment against each dental health

insurance carrier during years 2023, 2024, and 2025 for payment of all reasonable costs and

expenditures in connection with the study report and related analysis required by this section, no

greater than the combined maximum total of one hundred fifty thousand dollars ($150,000) per

year for all carriers. Each annual assessment shall, subject to the foregoing maximum, be deemed

as reasonably sufficient reimbursement for any costs and expenditures necessary for the

commissioner to fulfill the commissioners commissioner’s obligations under this section. The

sums shall be proportionately assessed by the commissioner against each dental health insurance

carrier based on relative annual fully insured membership enrollment, and may be billed whether

or not the study report has been completed. The carriers billed for such costs and expenditures shall

make payment to the commissioner within sixty (60) days of the date invoiced. Assessments made

pursuant to this section may be credited to the normal operating costs of each dental health

insurance carrier, and shall be deposited as general revenue.

 

593)

Section

Repealed By Chapter Numbers:

 

28-4

330 and 331

 

 

28-4. [Repealed]

 

594)

Section

Repealed By Chapter Numbers:

 

28-4-1

330 and 331

 

 

28-4-1. [Repealed]

 

595)

Section

Repealed By Chapter Numbers:

 

28-4-2

330 and 331

 

 

28-4-2. [Repealed]

 

596)

Section

Repealed By Chapter Numbers:

 

28-4-3

330 and 331

 

 

28-4-3. [Repealed]

 

597)

Section

Repealed By Chapter Numbers:

 

28-4-4

330 and 331

 

 

28-4-4. [Repealed]

 

598)

Section

Repealed By Chapter Numbers:

 

28-4-5

330 and 331

 

 

28-4-5. [Repealed]

 

599)

Section

Repealed By Chapter Numbers:

 

28-4-6

330 and 331

 

 

28-4-6. [Repealed]

 

600)

Section

Repealed By Chapter Numbers:

 

28-4-7

330 and 331

 

 

28-4-7. [Repealed]

 

601)

Section

Amended By Chapter Numbers:

 

28-12-2

251 and 152

 

 

28-12-2. Definitions.

     As used in this chapter:

     (1) “Advisory board” means a board created as provided in § 28-12-6.

     (2) “Commissioner” means the minimum-wage commissioner appointed by the director of

labor and training as chief of the division of labor standards.

     (3) “Director” means the director of labor and training, or his or her the director’s duly

authorized representative.

     (4) “Employ” means to suffer or to permit to work.

     (5)(i) “Employee” includes any individual suffered or permitted to work by an employer.

     (ii) “Employee” shall not include:

     (A) Any individual employed in domestic service or in or about a private home;

     (B) Any individual employed by the United States;

     (C) Any individual engaged in the activities of an educational, charitable, religious, or

nonprofit organization where the employer-employee relationship does not, in fact, exist, or where

the services rendered to the organizations are on a voluntary basis;

     (D) Newspaper deliverers on home delivery, shoe shiners in shoe shine establishments,

caddies on golf courses, pin persons in bowling alleys, ushers in theatres;

     (E) Traveling salespersons or outside salespersons;

     (F) Service performed by an individual in the employ of his or her the individual’s son,

daughter, or spouse and service performed by a child under the age of twenty-one (21) in the employ

of his or her the child’s father or mother;

     (G) Any individual employed between May 1 and October 1 in a resort establishment that

regularly serves meals to the general public and that is open for business not more than six (6)

months a year;

     (H) Any individual employed by an organized camp that does not operate for more than

seven (7) months in any calendar year. However, this exemption does not apply to individuals

employed by the camp on an annual, full-time basis. “Organized camp” means any camp, except a

trailer camp, having a structured program including, but not limited to, recreation, education, and

religious, or any combination of these.

     (6) “Employer” includes any individual, partnership, association, corporation, business

trust, or any person, or group of persons, acting directly, or indirectly, in the interest of an employer,

in relation to an employee.

     (7) “Occupation” means any occupation, service, trade, business, industry, or branch or

group of industries or employment or class of employment in which individuals are gainfully

employed.

     (8) “Wage” means compensation due to an employee by reason of his or her the

employee’s employment.

 

602)

Section

Amended By Chapter Numbers:

 

28-27-4.1

330 and 331

 

 

28-27-4.1. “Journeyperson refrigeration technician” defined.

      “Journeyperson refrigeration technician” means any person who has completed a five-year

(5) apprentice an appropriate ten thousand (10,000) hour registered apprenticeship program in

accordance with chapter 45 of this title28, and/orand has passed a refrigeration technician

examination and who by him or herself does work in refrigeration/air conditioning subject to

provisions of this chapter and the rules, regulations, and licensing criteria promulgated hereunder.

 

603)

Section

Amended By Chapter Numbers:

 

28-27-4.2

330 and 331

 

 

28-27-4.2. “Journeyperson pipefitter,” “journeyperson sheet metal worker,” and

“journeyperson sprinkler fitter” defined.

     (a) “Journeyperson pipefitter” means any person who has completed a five-year (5)

apprentice an appropriate ten thousand (10,000) hour registered apprenticeship program in

accordance with chapter 45 of this title28, and/orand has passed a journeyperson examination and

who by himself or herself does work on pipefitting systems subject to provisions of this chapter.

The rules, regulations, and licensing criteria guide promulgated under this chapter referencing Class

II limited journeyperson licenses shall require completion of an accepted formal technical program

approved by the department of labor and training.

     (b) “Journeyperson sheet metal worker” means any person who has completed a four-year

(4) an appropriate eight thousand (8,000) hour registered apprentice apprenticeship program in

accordance with chapter 45 of this title28, and/orand has passed a journeyperson sheet metal

worker examination and who by him or herself does sheet metal work subject to provisions of this

chapter and the rules, regulations, and licensing criteria promulgated under this chapter.

     (c) “Journeyperson sprinkler fitter” means any person who has completed a four-year (4)

an appropriate eight thousand (8,000) hour registered apprenticeapprenticeship program in

accordance with chapter 45 of this title28, and/orand has passed a journeyperson sprinkler fitter

examination and who by him or herself does work in fire protection sprinkler systems subject to

provisions of this chapter and the rules, regulations, and licensing criteria promulgated under this

chapter.

 

604)

Section

Amended By Chapter Numbers:

 

28-27-4.3

330 and 331

 

 

28-27-4.3. "Sheet metal worker apprentice," "sprinkler fitter apprentice," "pipefitter apprentice," and

"refrigeration/air conditioning apprentice" defined -- Duration of apprentice programs.

     (a) “Journeyperson sheet Sheet metal worker apprentice” means any person at least

eighteen (18) years of age who is learning or working at the businesses of sheet metal work under

the direct supervision of a sheet metal contractor or journeyperson sheet metal worker under a

registered state sanctioned apprentice programas a registered apprentice in an appropriate

apprenticeship program registered in accordance with chapter 45 of this title28.

     (b) “Journeyperson sprinkler Sprinkler fitter apprentice” means any person at least eighteen

(18) years of age who is learning or working at the business of fire protection sprinkler systems

under the direct supervision of a master or journeyperson sprinkler fitter under a registered state

sanctioned apprentice programas a registered apprentice in an appropriate apprenticeship program

registered in accordance with chapter 45 of this title28.

     (c) “Pipefitter apprentice” means any person at least eighteen (18) years of age who is

learning or working at the business of pipefitting under a registered state sanctioned apprentice

program as a registered apprentice in an appropriate apprenticeship program registered in

accordance with chapter 45 of this title28.

     (d) Pipefitter, refrigeration, sprinkler fitter, and sheet metal worker apprentice programs

are of a five-year (5) duration, except as detailed in § 28-27-4.2, for all Class II limited licenses.

     (e) “Refrigeration/air conditioning apprentice” means any person at least eighteen (18)

years of age who is learning and working at the business of refrigeration/air conditioning under the

direct supervision of a refrigeration/air conditioning master or journeyperson under a registered

state sanctioned apprentice programas a registered apprentice in an appropriate apprenticeship

program registered in accordance with chapter 45 of this title28.

 

605)

Section

Amended By Chapter Numbers:

 

28-27-5.1

330 and 331

 

 

28-27-5.1. Practices for which a journeyperson or apprentice license required.

      (a) No person shall engage to work as a pipefitter, refrigeration/air conditioning, or

sprinkler fitter journeyperson or apprentice, or journeyperson sheet metal worker or apprentice, or

shall advertise or represent in any form or matter that he or shethey are isa journeyperson or

apprentice, unless that person possesses and carries on his or hertheir person at all times while so

engaged a valid license issued by the department of labor and training qualifying that person as a

journeyperson or registered apprentice pursuant to § 28-45-13.

     (b) A person holding a valid license under this chapter shall not be required to obtain an

additional license under this chapter to perform sheet metal work when AC air handling equipment

is ten (10) tons or less or when heating equipment does not exceed 250,000 BTUs.

     (c) A holder of a journeyperson license shall only be entitled to work as an employee of

the properly licensed master permit holder in accordance with this chapter.

 

606)

Section

Amended By Chapter Numbers:

 

28-27-5.2

330 and 331

 

 

28-27-5.2. Issuance of P.J.F. journeyperson oil burnerperson’s license.

     (a) Any person who has previously qualified for the electrician’s F certificate and the P.J.F.

II limited to oil individually, and presently holds both licenses, may convert to the single P.J.F.

limited journeyperson II oil burnerperson’s license by application to the division on an approved

application and with payment of the applicable fee as detailed in this section. This licensee cannot

be self-employed and is limited to domestic oil burner service work, burner, tank, and oil line

installation. Persons seeking an initial P.J.F. limited journeyperson II oil burner license must show

proof of completion of a trade sponsored program or a trade related program offered by a

recognized college. All programs must have prior approval of the department of labor and training

before licenses are issued.

     (b) The person seeking P.J.F. licensing must be employed by a master pipefitting contractor

class II as detailed under § 28-27-4.

     (c) The above provisions are similar for most limited licenses under this chapter.

     (d) Fees shall be as follows:

     (1) Apprenticeship fee is thirty dollars ($30.00) with birth-month licensing;

     (2) License fee is seventy-two dollars ($72.00) with birth-month licensing;

     (3) Renewal fee is seventy-two dollars ($72.00) with birth-month licensing;.

     (e) The fees collected shall be deposited as general revenues.

 

 

 

 

 

607)

Section

Amended By Chapter Numbers:

 

28-27-11

330 and 331

 

 

28-27-11. Journeyperson license -- Test fees -- License fees and qualifications --Filing

deadline for journeyperson.

     (a) No application for a journeyperson’s test shall be filed by the department nor shall any

applicant be permitted to take the examination for a license as a journeyperson unless:

     (1) The test application is accompanied by a test fee as outlined in § 28-27-17;

     (2) Upon passing of a journeyperson test, payment of a license fee as outlined in § 28-27-

17 is required and the journeyperson license will be issued as provided in § 28-27-15; and

     (3) The applicant has possessed for at least five (5) years prior to the filing of the

application a certificate of registration in full force and effect from the department of labor and

training specifying the person as a registered apprentice pursuant to § 28-45-13, and the application

of an applicant:

     (i) Is accompanied by an affidavit or affidavits of his or hertheir employer or former

employers or other reasonably satisfactory evidence showing that the applicant has been actually

engaged in pipefitting or refrigeration/air conditioning, sheet metal or fire protection sprinkler

systems work as an apprentice registered for at least ten thousand (10,000) hours in the state of

Rhode Island during those five (5) years;

     (ii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that

the applicant has been registered as a student in a recognized college, university, or trade school

and has pursued a course of pipefitting or refrigeration/air conditioning, sheet metal or fire

protection sprinkler systems for at least two (2) academic years or is the recipient of an associate

degree in pipefitting or refrigeration/air conditioning or fire protection sprinkler systems, and has

thereafter been registered by the department of labor and training as an apprentice for at least three

(3) years and employed as a registered apprentice by a duly licensed pipefitter or refrigeration/air

conditioning or fire protection sprinkler systems master or sheet metal contractors in this state for

a period of three (3) years; or

     (iii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that

the applicant possesses a certificate of license issued under the laws of another state specifying that

person as a journeyperson;. and

     (4) The licensing authority may grant an exemption to the requirements of subsection (a)(3)

on the basis of past experience.

     (b) The test application is to be filed with the department at least fifteen (15) days prior to

the examination date.

 

608)

Section

Amended By Chapter Numbers:

 

28-27-17

330 and 331

 

 

28-27-17. Test fees — License fees — Expiration and renewal of licenses.

     (a) All licenses issued to the pipefitters/refrigeration technicians and fire protection

sprinkler contractor/sprinkler fitters and sheet metal contractor or journeyperson sheet metal worker

detailed in this section shall be paid for as follows:

TEST LICENSE RENEWAL

Master Mechanical Contractor -- 480.00 480.00

Contractor Master 75.00 240.00 240.00

Pipefitter Master I 75.00 240.00 240.00

Pipefitter Master II 75.00 96.00 96.00

Refrigeration Master I 75.00 240.00 240.00

Refrigeration Master II 75.00 96.00 96.00

Pipefitter Journeyperson I 75.00 72.00 72.00

Pipefitter Journeyperson II 75.00 60.00 60.00

Refrigeration Journeyperson I 75.00 72.00 72.00

Refrigeration Journeyperson II 75.00 60.00 60.00

Apprentices (annual fee) -- 24.00 24.00

Fire Protection Sprinkler

Fitters Master I 75.00 240.00 240.00

Fire Protection Sprinkler

Fitters Journeyperson I 75.00 72.00 72.00

Sheet Metal Contractor 75.00 240.00 240.00

Sheet Metal Worker

Journeyperson 75.00 72.00 72.00

     (b) Apprenticeship renewal fees shall be paid on an annual basis.

     (c) Every license issued by the division of professional regulation to license holders born

in odd years shall expire on the birthday of the individual qualifying for the license in odd years

and all licenses issued by the division of professional regulation to license holders born in even

years shall expire on the birthday of the individual qualifying for the license in even years and all

licenses may be renewed on or before their expiration date, upon payment of the appropriate fee.

If any credit is due in the initial changeover year the amount of credit shall be determined by the

chief administrator of the division.

 

609)

Section

Amended By Chapter Numbers:

 

28-27-18

330 and 331

 

 

28-27-18. Registration of apprentices.

     (a) Any person who has agreed to work under the supervision of a licensed pipefitter,

refrigeration/air conditioning, sprinkler fitter, or sheet metal master under a state-sanctionedan

apprenticeship program shall be registered by the director of labor and training andregistered with

the Rhode Island department of labor and training shall be issued a certificate of apprenticeship

pursuant to § 28-45-13.

     (b) The minimum formal training period for a P.J.F. limited class II license shall be one

hundred sixty (160) hours of classroom and/or laboratory technical training, approved by the

department of labor and training. The fee schedules for the P.J.F. limited license are detailed in §

28-27-5.2. All other sections of this chapter shall remain in full force and effect.

 

610)

Section

Added By Chapter Numbers:

 

28-27-18.1

330 and 331

 

 

28-27-18.1. Apprentices -- Exam requirements.

     To be eligible applicants for mechanical licensing exams, apprentices shall complete an

applicable registered apprenticeship program in Rhode Island. Apprentices shall provide transcripts

of completed related instruction and work record books from employer(s), or other reasonably

satisfactory evidence, to document completion of a registered apprenticeship program appropriate

to the license being applied for.

 

611)

Section

Added By Chapter Numbers:

 

28-27-18.2

330 and 331

 

 

28-27-18.2. Credit for mechanical license exams.

     (a) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior

learning or experience pursuant to §§ 28-45-9(2)(xii) or 28-45-9.2 shall also require the written

approval of the state mechanical board of the Rhode Island department of labor and training.

Registered apprentices may receive credit for one hundred forty-four (144) hours of classroom

training gained in a career and technical education program authorized by the board of education,

or a maximum of two hundred eighty-eight (288) hours of classroom training gained over two (2)

academic years (one hundred forty-four (144) hours per academic year), upon the successful

completion of a course of study in a fully accredited trade school that has been approved by the

Rhode Island office of postsecondary commissioner and by the Rhode Island department of labor

and training apprenticeship council.

     (b) For licensing purposes, on-the-job learning hours required as part of a registered

apprenticeship program by license type are as follows:

     (1) At minimum, a pipefitter I apprenticeship program shall include ten thousand (10,000)

hours of on-the-job learning.

     (2) At minimum, a pipefitter II apprenticeship program shall include four thousand (4,000)

hours of on-the-job learning.

     (3) At minimum, a refrigeration I apprenticeship program shall include ten thousand

(10,000) hours of on-the-job learning.

     (4) At minimum, a refrigeration II apprenticeship program shall include four thousand

(4,000) hours of on-the-job learning.

     (5) At minimum, a sprinkler fitter/fire protection apprenticeship program shall include ten

thousand (10,000) hours of on-the-job learning.

     (6) At minimum, a sheet metal worker I apprenticeship program shall include eight

thousand (8,000) hours of on-the-job learning.

     (7) At minimum, a sheet metal worker II apprenticeship program shall include four

thousand (4,000) hours of on-the-job learning.

     (8) All registered apprenticeship programs shall include one hundred forty-four (144) hours

of related instruction, including, but not limited to, classroom training, provided concurrently with

each two thousand (2,000) hours period of on-the-job learning.

 

612)

Section

Amended By Chapter Numbers:

 

28-29-17.1

197 and 198

 

 

28-29-17.1. Notice of designation as independent contractor. [Effective January 1,

2024.]

     (a) A person will not be considered an “independent contractor” unless that person files a

notice of designation with the director, consistent with rules and regulations established by the

director, in writing, on a form or on a form capable of being filed electronically provided by the

director annually, that the person is an “independent contractor”. A person shall be required to file

the form annually for each hiring entity that retains their services, regardless of how many forms

are filed. The filing of the notice of designation shall be a presumption of “independent contractor”

status but shall not preclude a finding of independent contractor status by the court when the notice

is not filed with the director. That designation shall continue in force and effect unless the person

fails to submit an annual filing after receipt of a twenty-(20)day (20) notice issued by the director

for failure to file annual designation or withdraws that designation by filing a notice with the

director, in writing, on a form provided by the director, that the person is no longer an “independent

contractor”. Any designation or withdrawal of designation form shall be deemed public information

and the director shall furnish copies or make available electronically the forms and designations,

upon written request, to any employer or insurer or its authorized representative.

     (b) The workers’ compensation court may, upon petition of an employee, the dependents

of a deceased employee, or any other party in interest at any time, vacate any “notice of

designation” if the “notice of designation” has been improperly procured.

     (c) The provisions of subsections (a) and (b) shall only apply to injuries occurring on and

after January 1, 2001.

     (d) By April 1 of each year, the department of labor and training will send a list of all

individuals who have filed a designation form to the Rhode Island division of taxation in the

department of taxation revenue.

 

613)

Section

Amended By Chapter Numbers:

 

28-33-17

205 and 206

 

 

28-33-17. Weekly compensation for total incapacity — Permanent total disability —

Dependents’ allowances.

     (a)(1) For all injuries on or after January 1, 2022, while the incapacity for work resulting

from the injury is total, the employer shall pay the injured employee a weekly compensation equal

to sixty-two percent (62%) of his or her average weekly base wages, earnings, or salary, as

computed pursuant to the provisions of § 28-33-20. For all injuries on or before December 31,

2021, while the incapacity for work resulting from the injury is total, the employer shall pay the

injured employee a weekly compensation equal to seventy-five percent (75%) of his or her average

weekly spendable base wages, earnings, or salary, as computed pursuant to the provisions of § 28-

33-20. The amount may not exceed more than sixty percent (60%) of the state average weekly wage

of individuals in covered employment under the provisions of the Rhode Island employment

security act as computed and established by the Rhode Island department of labor and training,

annually, on or before May 31 of each year, under the provisions of § 28-44-6(a). Effective

September 1, 1974, the maximum rate for weekly compensation for total disability shall not exceed

sixty-six and two-thirds percent (66⅔%) of the state average weekly wage, as computed and

established under the provisions of § 28-44-6(a). Effective September 1, 1975, the maximum rate

for weekly compensation for total disability shall not exceed one hundred percent (100%) of the

state average weekly wage, as computed and established under the provisions of § 28-44-6(a).

Effective September 1, 2007, the maximum rate for weekly compensation for total disability shall

not exceed one hundred fifteen percent (115%) of the state average weekly wage, as computed and

established under the provisions of § 28-44-6(a). Effective October 1, 2016, the maximum rate for

weekly compensation for total disability shall not exceed one hundred twenty percent (120%) of

the state average weekly wage as computed and established under the provisions of § 28-44-6(a),

and effective October 1, 2017, the maximum rate for weekly compensation for total disability shall

not exceed one hundred twenty-five percent (125%) of the state average weekly wage, as computed

and established under the provisions of § 28-44-6(a). If the maximum weekly benefit rate is not an

exact multiple of one dollar ($1.00), then the rate shall be raised to the next higher multiple of one

dollar ($1.00).

     (2) The average weekly wage computed and established under § 28-44-6(a) is applicable

to injured employees whose injury occurred on or after September 1, 2000, and shall be applicable

for the full period during which compensation is payable.

     (3)(i) “Spendable earnings” means the employee’s gross, average weekly wages, earnings,

or salary, including any gratuities reported as income, reduced by an amount determined to reflect

amounts that would be withheld from the wages, earnings, or salary under federal and state income

tax laws, and under the Federal Insurance Contributions Act (FICA), 26 U.S.C. § 3101 et seq.,

relating to Social Security and Medicare taxes. In all cases, it is to be assumed that the amount

withheld would be determined on the basis of expected liability of the employee for tax for the

taxable year in which the payments are made without regard to any itemized deductions but taking

into account the maximum number of personal exemptions allowable.

     (ii) Each year, the director shall publish tables of the average weekly wage and seventy-

five percent (75%) of spendable earnings that are to be in effect on May 10. These tables shall be

conclusive for the purposes of converting an average weekly wage into seventy-five percent (75%)

of spendable earnings. In calculating spendable earnings, the director shall have discretion to

exempt funds assigned to third parties by order of the family court pursuant to § 8-10-3 and funds

designated for payment of liens pursuant to § 28-33-27 upon submission of supporting evidence.

     (b)(1) In the following cases, it shall, for the purpose of this section, be that the injury

resulted in permanent total disability:

     (i) The total and irrecoverable loss of sight in both eyes or the reduction to one-tenth (1/10)

or less of normal vision with glasses;

     (ii) The loss of both feet at or above the ankle;

     (iii) The loss of both hands at or above the wrist;

     (iv) The loss of one hand and one foot;

     (v) An injury to the spine resulting in permanent and complete paralysis of the legs or arms;

and

     (vi) An injury to the skull resulting in incurable imbecility or insanity.

     (2) In all other cases, total disability shall be determined only if, as a result of the injury,

the employee is physically unable to earn any wages in any employment; provided, that in cases

where manifest injustice would otherwise result, total disability shall be determined when an

employee proves, taking into account the employee’s age, education, background, abilities, and

training, that he or she is unable, on account of his or her compensable injury, to perform his or her

regular job and is unable to perform any alternative employment. The court may deny total

disability under this subsection without requiring the employer to identify particular alternative

employment.

     (c)(1) Where the employee has persons conclusively presumed to be dependent upon him

or her, or in fact so dependent, the sum of fifteen dollars ($15.00) shall be added to the weekly

compensation payable for total incapacity for each person wholly dependent on the employee,

except that the sum of forty dollars ($40.00) shall be added for. Effective January 1, 2025, the sum

to be added to the weekly compensation payable for total incapacity, for each person wholly

dependent on the employee, shall be raised to twenty-five dollars ($25.00). For those receiving

benefits under § 28-33-12, the sum shall be forty dollars ($40.00), but in no case shall the aggregate

of those amounts exceed eighty percent (80%) of the average weekly wage of the employee, except

that there shall be no limit for those receiving benefits under § 28-33-12.

     (2) The dependency allowance shall be in addition to the compensation benefits for total

disability otherwise payable under the provisions of this section. The dependency allowance shall

be increased if the number of persons dependent upon the employee increases during the time that

weekly compensation benefits are being received.

     (3) For the purposes of this section, the following persons shall be conclusively presumed

to be wholly dependent for support upon an employee:

     (i) A wife upon a husband with whom she is living at the time of his injury, but only while

she is not working for wages during her spouse’s total disability;

     (ii) A husband upon a wife with whom he is living at the time of her injury, but only while

he is not working for wages during his spouse’s total disability; and

     (iii) Children under the age of eighteen (18) years, or over that age but physically or

mentally incapacitated from earning, if living with the employee, or, if the employee is bound or

ordered by law, decree, or order of court, or by any other lawful requirement, to support the

children, although living apart from them. Provided, that the payment of dependency benefits to a

dependent child over the age of eighteen (18) years shall continue as long as that child is

satisfactorily enrolled as a full-time student in an educational institution or an educational facility

duly accredited or approved by the appropriate state educational authorities at the time of

enrollment. Those payments shall not be continued beyond the age of twenty-three (23) years.

“Children,” within the meaning of this paragraph, also includes any children of the injured

employee conceived but not born at the time of the employee’s injury, and the compensation

provided for in this section shall be payable on account of any such children from the date of their

birth.

     (d) “Dependents,” as provided in this section, does not include the spouse of the injured

employee except as provided in subsections (c)(3)(i) and (ii) of this section. In all other cases

questions of dependency shall be determined in accordance with the facts as the facts may be at the

time of the injury.

     (e) The court, or any of its judges, may, in its or his or her discretion, order the insurer or

self-insurer to make payment of the nine dollars ($9.00) or fifteen dollars ($15.00) for those

receiving benefits under § 28-33-12 directly to the dependent.

     (f)(1) Where any employee’s incapacity is total and has extended beyond fifty-two (52)

weeks, regardless of the date of injury, payments made to all totally incapacitated employees shall

be increased as of May 10, 1991, and annually on the tenth of May after that as long as the employee

remains totally incapacitated. The increase shall be by an amount equal to the total percentage

increase in the annual Consumer Price Index, United States City Average for Urban Wage Earners

and Clerical Workers, as formulated and computed by the Bureau of Labor Statistics of the United

States Department of Labor for the period of March 1 to February 28 each year.

     (2) If the employee is subsequently found to be only partially incapacitated, the weekly

compensation benefit paid to the employee shall be equal to the payment in effect prior to his or

her most recent cost of living adjustment.

     (3) “Index” as used in this section refers to the Consumer Price Index, United States City

Average for Urban Wage Earners and Clerical Workers, as that index is formulated and computed

by the Bureau of Labor Statistics of the United States Department of Labor.

     (4) The May 10, 1991, increase shall be based upon the total percentage increase, if any,

in the annual Consumer Price Index for the period of March 1, 1990, to February 28, 1991.

Thereafter, increases shall be made on May 10 annually, based upon the percentage increase, if

any, in the index for the period March 1 to February 28.

     (5) The computations in this section shall be made by the director of labor and training and

promulgated to insurers and employers making payments required by this section. Increases shall

be paid by insurers and employers without further order of the court. If payment payable under this

section is not paid within fourteen (14) days after the employer or insurer has been notified or it

becomes due, whichever is later, there shall be added to the unpaid payment an amount equal to

twenty percent (20%) of that amount, which shall be paid at the same time as, but in addition to,

the payment.

     (6) This section applies only to payment of weekly indemnity benefits to employees as

described in subsection (f)(1) of this section, and does not apply to specific compensation payments

for loss of use or disfigurement or payment of dependency benefits or any other benefits payable

under the workers’ compensation act.

     (7) Notwithstanding any other provision of the general laws or public laws to the contrary,

any employee of the state of Rhode Island who is receiving workers’ compensation benefits for

total incapacity, as a result of brain injury due to a violent assault, on or before July 19, 2005, shall

be entitled to receive the health insurance benefit he or she was entitled to at the time of the injury

for the duration of the total incapacity or until said employee and his or her spouse are both eligible

for Medicare.

 

614)

Section

Amended By Chapter Numbers:

 

28-33-18.2

205 and 206

 

 

28-33-18.2. Suitable alternative employment.

     (a) When an employee has sustained an injury that entitles the employee to receive benefits

pursuant to § 28-33-18 or § 28-34-3, the employee may become capable of suitable alternative

employment as determined by the workers’ compensation court, or may be offered suitable

alternative employment as agreed to by the employee and employer with written notice to the

director. The employer or insurer shall pay an injured employee who accepts suitable alternative

employment a weekly compensation equal to sixty-six and two-thirds percent (66 2/3%) of the

difference between the employee’s average weekly wage, earnings, or salary before the injury and

his or her weekly wages, earnings, or salary from the suitable alternative employment. Effective

January 1, 2025, the employer or insurer shall pay an injured employee who accepts suitable

alternative employment a weekly compensation equal to sixty-two percent (62%) of the difference

between the employee's average weekly wage, earnings, or salary before the injury and his or her

weekly wages, earnings, or salary from the suitable alternative employment.

     (b) The acceptance of suitable alternative employment shall not be mandatory if it results

in the inequitable forfeiture or loss of seniority with the employer or a monetary benefit or other

substantial benefit including, but not limited to, vested pension and/or profit sharing contributions,

arising from the employment relationship.

     (c) If suitable alternative employment as determined by the workers’ compensation court

has been offered to the employee and the employee has refused to accept the employment, then the

workers’ compensation court shall, in fixing the amount of compensation payable subsequent to

the refusal, treat earnings capacity as post-injury earnings, requiring the employer or insurer to pay

the injured employee a weekly compensation equal to sixty-six and two-thirds percent (66 2/3%) of

the difference between the employee’s average weekly wage, earnings, or salary before the injury

and the weekly earning capacity. In no case shall increases in payments made to an injured

employee pursuant to § 28-33-18.3(b)(1) or § 28-33-17(f) be considered in the calculation of the

weekly compensation due pursuant to this section. The fact that the employee is undergoing

rehabilitation does not by itself exempt the employee from the provisions of this subsection.

     (d) If the suitable alternative employment is terminated by the employer for reasons other

than misconduct by the employee, the injured employee shall be entitled to be compensated from

the employer in whose employ he or she was injured at the rate to which the employee was entitled

prior to acceptance of the employment after notice by the employee to the employer in whose

employ he or she was injured. The payments shall be made no later than fourteen (14) days after

the notice. If suitable alternative employment is terminated by the employer for misconduct of the

employee, or by the employee, the compensation payable to the employee shall not exceed that

payable during continuance of suitable alternative employment. Upon request to the workers’

compensation court, the employee shall have the right to a determination as to whether or not the

termination was justified. Any employee who accepts suitable alternative employment with his or

her employer of record shall continue to maintain the seniority status and all rights incidental to it

that the employee enjoyed prior to his or her injury, except that these rights shall not exceed the

current rights of a similar employee with equal seniority.

 

615)

Section

Amended By Chapter Numbers:

 

28-35-58

205 and 206

 

 

28-35-58. Liability of third person for damages.

     (a) Where the injury for which compensation is payable under chapters 29 — 38 of this

title was caused under circumstances creating a legal liability in some person other than the

employer to pay damages in respect of the injury, the employee may take proceedings, both against

that person to recover damages and against any person liable to pay compensation under those

chapters for that compensation, and the employee shall be entitled to receive both damages and

compensation. The employee, in recovering damages either by judgment or settlement from the

person so liable to pay damages, shall reimburse the person by whom the compensation was paid

to the extent of the compensation paid as of the date of the judgment or settlement and the receipt

of those damages by the employee shall not bar future compensation. An insurer shall be entitled

to suspend the payment of compensation benefits payable to the employee when the damages

recovered by judgment or settlement from the person so liable to pay damages exceeds the

compensation paid as of the date of the judgment or settlement. The suspension paidperiod shall

be the number of weeks that are equal to the excess damages paid divided by the employee’s weekly

compensation rate; however, during the period of suspension the employee shall be entitled to

receive the benefit of all medical and hospital payments on his or her behalf. If the employee has

been paid compensation under those chapters, the person by whom the compensation was paid shall

be entitled to indemnity from the person liable to pay damages, and to the extent of that indemnity

shall be subrogated to the rights of the employee to recover those damages. When money has been

recovered either by judgment or by settlement by an employee from the person liable to pay

damages, by suit or settlement, and the employee is required to reimburse the person by whom the

compensation was paid, the employee or his or her attorney shall be entitled to withhold from the

amount to be reimbursed that proportion of the costs, witness expenses, and other out-of-pocket

expenses and attorney fees which the amount which the employee is required to reimburse the

person by whom compensation was paid bears to the amount recovered from the third party.

     (b) In any case in which the employee or, in case of death, the administrator of the

employee’s estate neglects to exercise the employee’s right of action by failing to file a lawsuit

against such third person within two (2) years and eight (8) months after the injury, the self-insured

employer or the employer’s insurance carrier may so proceed and shall be subrogated to the rights

of the injured employee or, in case of death, to the rights of the administrator to recover against

such person; provided, that no subrogation action shall commence unless at least twenty-six (26)

weeks prior to the expiration of the two (2) years and eight (8) months the self-insured employer

or the employer’s insurance carrier has notified the employee, or in the case of death, the

administrator of the employee’s estate, in writing by personal service or certified mail, that failure

to commence such action within two (2) years and eight (8) months after the injury will operate as

an assignment of the right of action to the self-insured employer or the employer’s insurance carrier.

Upon filing the lawsuit, the attorney for the self-insured employer or the employer’s insurance

carrier shall notify the employee in writing by personal service or certified mail of the action and

the name of the court where it was filed and the employee may join as a plaintiff in the action within

thirty (30) days after the notification, and, if the employee fails to join, the right of joinder shall

abate. The right of the employee, or in case of death, the administrator of the employee’s estate, to

be fully compensated for the damages sustained shall be fully preserved as outlined in subsection

(a).

     (c) If the self-insured employer or the employer’s insurance carrier recovers from these

other personal damages or benefits, after expenses and costs of action have been paid, in excess of

the amount of the lien as defined in this section, then that excess shall be paid to the injured

employee or, in the case of death, to the administrator of the employee’s estate for distribution.

     (d) In the event there is a dispute over the reimbursement owed or the period of suspension

going forward, the court, by agreement of the parties and upon petition by either the employee or

the employer and/or its insurance carrier, shall assign the dispute to the workers' compensation

court's mediation program, in accordance with the rules and procedures established by the court.

Nothing herein shall preclude any party or attorney from pursuing any action otherwise available.

 

616)

Section

Amended By Chapter Numbers:

 

28-37-10

205 and 206

 

 

28-37-10. Dependents’ allowances to totally incapacitated persons.

     Whenever an injured employee suffering total incapacity ceases to receive payment under

the Rhode Island temporary disability insurance act, chapters 39 — 41 of title 28, he or she shall

receive compensation in addition to compensation for total incapacity, not exceeding five dollars

($5.00) twenty-five dollars ($25.00) per week for each child wholly or partially dependent upon

the wages, earnings, or salary of the employee, including an adopted or stepchild, under the age of

eighteen (18) years, or over that age but physically or mentally incapacitated from earning, but not

exceeding a total of fifteen dollars ($15.00) seventy-five dollars ($75.00) per week, which

additional compensation shall be paid out of the fund established under § 28-37-1; provided, that

any injured employee suffering total incapacity as the consequence of an injury sustained on or

after September 1, 1969, shall not be eligible for this additional compensation.

 

 

 

 

617)

Section

Amended By Chapter Numbers:

 

28-41-5

332 and 333

 

 

28-41-5. Weekly benefit rate — Dependents’ allowances.

     (a)(1) Benefit rate. The benefit rate payable under this chapter to any eligible individual

with respect to any week of his or her the individual’s unemployment due to sickness, when that

week occurs within a benefit year, shall be, for benefit years beginning on or after October 7, 1990,

four and sixty-two hundredths percent (4.62%) of the wages paid to the individual in that calendar

quarter of the base period in which the individual’s wages were highest; provided, however, that

the benefit rate shall not exceed eighty-five percent (85%) of the average weekly wage paid to

individuals covered by chapters 42 — 44 42 through 44 42 — 44 of this title for the preceding

calendar year ending December 31. If the maximum weekly benefit rate is not an exact multiple of

one dollar ($1.00) then the rate shall be raised to the next higher multiple of one dollar ($1.00).

Those weekly benefit rates shall be effective throughout the benefit years beginning on or after July

1 of the year prior to July of the succeeding calendar year.

     (2) The benefit rate of any individual, if not an exact multiple of one dollar ($1.00), shall

be raised to the next higher multiple of one dollar ($1.00).

     (b) Dependents’ allowances. An individual to whom benefits for unemployment due to

sickness are payable under this chapter with respect to any week, shall, in addition to those benefits,

be paid with respect to each week a dependent’s allowance of ten dollars ($10.00) twenty dollars

($20.00) or seven percent (7%), of the individual’s benefit rate, payable under subsection (a) of this

section, whichever is greater, for each of that individual’s children, including adopted and

stepchildren or that individual’s court-appointed wards who, at the beginning of the individual’s

benefit year, is under eighteen (18) years of age and who is at that time in fact dependent on that

individual. A dependent’s allowance shall also be paid to that individual for any child, including

an adopted child or a stepchild or that individual’s court appointed ward, eighteen (18) years of age

or over, incapable of earning any wages because of mental or physical incapacity, and who is

dependent on that individual in fact at the beginning of the individual’s benefit year, including

individuals who have been appointed the legal guardian of that child by the appropriate court.

However, in no instance shall the number of dependents for which an individual may receive

dependents’ allowances exceed five (5) in total. The weekly total of dependents’ allowances

payable to any individual, if not an exact multiple of one dollar ($1.00), shall be rounded to the

next lower multiple of one dollar ($1.00). The number of an individual’s dependents, and the fact

of their dependency, shall be determined as of the beginning of that individual’s benefit year;

provided, that only one individual shall be entitled to a dependent’s allowance for the same

dependent with respect to any week. Each individual who claims a dependent’s allowance shall

establish his or her their claim to it to the satisfaction of the director under procedures established

by the director.

     (c) Any individual’s benefit rate and/or dependents’ allowance in effect for a benefit year

shall continue in effect until the end of that benefit year.

     (d) Partial unemployment due to sickness. For weeks beginning on or after January 1, 2006,

an individual partially unemployed due to sickness and otherwise eligible in any week shall be paid

sufficient benefits with respect to that week, so that his or her their wages, rounded to the next

higher multiple of one dollar ($1.00), and his or her their benefits combined will equal in amount

the weekly benefit rate to which he or she the individual would be entitled if totally unemployed

due to sickness in that week; provided that an individual must have been totally unemployed due

to sickness for at least seven (7) consecutive days prior to claiming partial benefits under this

provision; provided, that this provision shall not apply if the individual is entitled to lag day benefits

pursuant to § 28-41-9; provided, further, that nothing contained herein 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 or waiting period credit for that week.

 

618)

Section

Amended By Chapter Numbers:

 

28-41-35

332 and 333

 

 

28-41-35. Benefits.

     (a) Subject to the conditions set forth in this chapter, an employee shall be eligible for

temporary caregiver benefits for any week in which he or she the employee is unable to perform

his or her their regular and customary work because he or she the employee is:

     (1) Bonding with a newborn child or a child newly placed for adoption or foster care with

the employee or domestic partner in accordance with the provisions of § 28-41-36(c); or

     (2) Caring for a child, parent, parent-in-law, grandparent, spouse, or domestic partner, who

has a serious health condition, subject to a waiting period in accordance with the provisions of §

28-41-12 [repealed]. Employees may use accrued sick time during the eligibility waiting period in

accordance with the policy of the individual’s employer.

     (b) Temporary caregiver benefits shall be available only to the employee exercising his or

her right to leave while covered by the temporary caregiver insurance program. An employee shall

file a written intent with his or her their employer, in accordance with rules and regulations

promulgated by the department, with a minimum of thirty (30) days' notice prior to commencement

of the family leave. Failure by the employee to provide the written intent may result in delay or

reduction in the claimant’s benefits, except in the event the time of the leave is unforeseeable or

the time of the leave changes for unforeseeable circumstances.

     (c) Employees cannot file for both temporary caregiver benefits and temporary disability

benefits for the same purpose, concurrently, in accordance with all provisions of this act and

chapters 39 — 41 39̶̶ through 41 39 — 41 of this title.

     (d) Temporary caregiver benefits may be available to any individual exercising his or her

their right to leave while covered by the temporary caregiver insurance program, commencing on

or after January 1, 2014, which shall not exceed the individual’s maximum benefits in accordance

with chapters 39 — 41 of this title. The benefits for the temporary caregiver program shall be

payable with respect to the first day of leave taken after the waiting period and each subsequent

day of leave during that period of family temporary disability leave. Benefits shall be in accordance

with the following:

     (1) Beginning January 1, 2014, temporary caregiver benefits shall be limited to a maximum

of four (4) weeks in a benefit year;

     (2) Beginning January 1, 2022, temporary caregiver benefits shall be limited to a maximum

of five (5) weeks in a benefit year;

     (3) Beginning January 1, 2023, temporary caregiver benefits shall be limited to a maximum

of six (6) weeks in a benefit year.; and

     (4) Beginning January 1, 2025, temporary caregiver benefits shall be limited to a maximum

of seven (7) weeks in a benefit year.; and

     (5) Beginning January 1, 2026, temporary caregiver benefits shall be limited to a maximum

of eight (8) weeks in a benefit year.

     (e) In addition, no individual shall be paid temporary caregiver benefits and temporary

disability benefits that together exceed thirty (30) times his or her the individual’s weekly benefit

rate in any benefit year.

     (f) Any employee who exercises his or her their right to leave covered by temporary

caregiver insurance under this chapter shall, upon the expiration of that leave, be entitled to be

restored by the employer to the position held by the employee when the leave commenced, or to a

position with equivalent seniority, status, employment benefits, pay, and other terms and conditions

of employment including fringe benefits and service credits that the employee had been entitled to

at the commencement of leave.

     (g) During any caregiver leave taken pursuant to this chapter, the employer shall maintain

any existing health benefits of the employee in force for the duration of the leave as if the employee

had continued in employment continuously from the date he or she the employee commenced the

leave until the date the caregiver benefits terminate; provided, however, that the employee shall

continue to pay any employee shares of the cost of health benefits as required prior to the

commencement of the caregiver benefits.

     (h) No individual shall be entitled to waiting period credit or temporary caregiver benefits

under this section for any week beginning prior to January 1, 2014. An employer may require an

employee who is entitled to leave under the federal Family and Medical Leave Act, Pub. L. No.

103-3 and/or the Rhode Island parental and family medical leave act, § 28-48-1 et seq., who

exercises his or her their right to benefits under the temporary caregiver insurance program under

this chapter, to take any temporary caregiver benefits received, concurrently, with any leave taken

pursuant to the federal Family and Medical Leave Act and/or the Rhode Island parental and family

medical leave act.

     (i) Temporary caregiver benefits shall be in accordance with the federal Family and

Medical Leave Act (FMLA), Pub. L. No. 103-3 and the Rhode Island parental and family medical

leave act in accordance with § 28-48-1 et seq. An employer may require an employee who is entitled

to leave under the federal Family and Medical Leave Act, Pub. L. No. 103-3 and/or the Rhode

Island parental and family medical leave act, § 28-48-1 et seq., who exercises his or her their right

to benefits under the temporary caregiver insurance program under this chapter, to take any

temporary caregiver benefits received, concurrently, with any leave taken pursuant to the federal

Family and Medical Leave Act and/or the Rhode Island parental and family medical leave act.

 

619)

Section

Amended By Chapter Numbers:

 

28-45-1

330 and 331

 

 

28-45-1. Purposes.

     The purposes of this chapter are:

     (1) To encourage employers, associations of employers, and organizations of employees to

voluntarily establish apprenticeship programs and the making of apprenticeship agreements;

     (2) To create opportunities for youngpeople to obtain employment and adequate training

in trades and industry with parallel instructions in related and supplementary education under

conditions that will equip them for profitable employment and citizenship;

     (3) To cooperate with the promotion and development of apprenticeship programs and

systems in other states and with the federal committee on apprenticeship appointed under 29 U.S.C.

§ 50 et seq.; and

     (4) To provide for the registration and approval of apprenticeship programs and

apprenticeship agreements and for the issuance of state certificates of completion of apprenticeship.

 

620)

Section

Amended By Chapter Numbers:

 

28-45-3

330 and 331

 

 

28-45-3. Powers and duties.

      (a) The department of labor and training is the agency with responsibility and

accountability for apprenticeship within Rhode Island for federal purposes. The state

apprenticeship council shall be a regulatory council and part of the department of labor and training.

The council shall promulgate regulations consistent with 29 C.F.R. Parts 29 and 30 at the direction

of the director of the department of labor and training and shall provide advice and guidance to the

director of the department of labor and training on the operation of the Rhode Island apprenticeship

programsystem. Enforcement of apprenticeship rules and regulations shall be the duty of the

director of the department of labor and training. In addition, the council shall:

     (1) Adopt rules and regulations to ensure equality of opportunity in apprenticeship

programs pursuant to the Rhode Island state plan for equal opportunity in apprenticeship;

     (2) Establish trade, craft, manufacturing, or industrial standards for apprenticeship or

training agreements in cooperation with ajoint employer and employee groups in conformity with

29 C.F.R. § 29.5;

     (3) Establish program performance standards in conformity with 29 C.F.R. § 29.6;

     (4) Hold at least four (4) regular public meetings each year; any additional meetings

considered necessary shall be held at the call of the chairperson, or at the written request of a

majority of the members of the council;

     (5) Formulate and publish rules of procedure for the function of local, regional, and state

joint apprenticeship committees and for the filling of vacancies on those committees;

     (6) Adopt rules and regulations concerning the following:

     (i) The contents of apprenticeship agreements in conformity with 29 C.F.R. § 29.7;

     (ii) Criteria for apprenticeable occupations as provided by 29 C.F.R. § 29.4;

     (iii) Reciprocal approval for federal purposes to apprentices, apprenticeship programs, and

standards that are registered in other states by the United States Department of Labor or another

state apprenticeship program recognized by the United States Department of Labor if such

reciprocity is requested by the apprenticeship program sponsor;

     (iv) The cancellation or deregistration of programs, and for temporary suspension,

cancellation, or deregistration of apprenticeship agreements as provided in 29 C.F.R. §§ 29.8 and

29.9;

     (v) The standards of apprenticeship, program performance standards, apprenticeship

agreements, deregistration of registered apprenticeship programs, reinstatement of apprenticeship

programs, and reciprocal approvalrecognition of apprentices from other states.

     (b) The department of labor and training in accord with its regulations and this chapter

shall:

     (1) Encourage the promotion, expansion, and improvement of programs of apprenticeship

training and pre-apprenticeship and the making of apprenticeship agreements;

     (2) Bring about the settlement of differences arising out of an apprenticeship agreement

when those differences cannot be adjusted locally or in accordance with established trade

procedure;

     (3) Supervise the execution of agreements and maintenance of standards;

     (4) Register or terminate or cancel the registration of apprenticeship programs and

apprenticeship agreements;

     (5) Issue certificates of completion of apprenticeship;

     (6) Keep a record of apprenticeship programs and apprentice agreements and their

disposition;

     (7) Render any assistance and submit any information and data that may be requested by

employers, employees, and joint apprenticeship committees engaged in the formulation and

operation of programs of apprenticeship, particularly in regard to work schedules, wages,

conditions of employment, apprenticeship records, and number of apprentices;

     (8) Adopt rules and regulations to insure nondiscrimination in all phases of apprenticeship

and employment during apprenticeship;

     (9) Register trade, craft, manufacturing, or industrial standards for apprenticeship or

training agreements in cooperation with joint employer and employee groups and in conformity

with this chapter, or approve and register trade, craft, manufacturing, or industrial standards for

agreements submitted that are in conformity with this chapter, and disapprove those standards or

agreements submitted that are not in conformity with this chapter, to the extent deemed appropriate;

     (10) Establish committees and approve nominations to existing committees that are

submitted in conformity with this chapter;

     (11) Terminate registration of committees for failure of the committee to abide by the

provisions of this chapter; and

     (12) Perform any other duties that are described and imposed by this chapter.

 

 

 

 

 

 

621)

Section

Amended By Chapter Numbers:

 

28-45-9

330 and 331

 

 

28-45-9. Standards of apprenticeship programs.

     An apprenticeship program, to be eligible for approval and registration with the department

of labor and training, shall conform to regulations issued by the department of labor and training

and 29 C.F.R. Part 29 and 29 C.F.R. Part 30 and shall conform to the following standards:

     (1) The program is an organized, written plan embodying the terms and conditions of

employment, training, and supervision of one or more apprentices in the apprenticeable occupation,

as defined in this chapter and subscribed to by a sponsor who has undertaken to carry out the

apprentice training program.

     (2) The program standards contain the equal opportunity pledge prescribed inin 29 C.F.R

§ 30.3(b)29 C.F.R § 30.3(c) and, when applicable, an affirmative action plan in accordance with

29 C.F.R. § 30.4, a selection method authorized in 29 C.F.R § 30.529 C.F.R § 30.10, or similar

requirements expressed in a state plan for equal employment opportunity in apprenticeship adopted

pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor, and

provisions concerning the following:

     (i) The employment and training of the apprentice in a skilled occupation;

     (ii) A term of apprenticeship not less than two thousand (2,000) hours of work experience,

consistent with training requirements as established by industry practice, which for an individual

apprentice may be measured either through the completion of the industry standard for on-the-job

learning (at least two thousand (2,000) hours) (time-based approach), the attainment of competency

(competency-based approach), or a blend of the time-based and competency-based approaches

(hybrid approach):

     (A) The time-based approach measures skill acquisition through the individual apprentice’s

completion of at least two thousand (2,000) hours of on-the-job learning as described in a work

process schedule;

     (B) The competency-based approach measures skill acquisition through the individual

apprentice’s successful demonstration of acquired skills and knowledge, as verified by the program

sponsor. Programs utilizing this approach must still require apprentices to complete an on-the-job

learning component of registered apprenticeship. The program standards must address how on-the-

job learning will be integrated into the program, describe competencies, and identify an appropriate

means of testing and evaluation for such competencies;

     (C) The hybrid approach measures the individual apprentice’s skill acquisition through a

combination of specified minimum number of hours of on-the-job learning and the successful

demonstration of competency as described in a work process schedule; and

     (D) The determination of the appropriate approach for the program standards is made by

the program sponsor, subject to approval by the registration agency of the determination as

appropriate to the apprenticeable occupation for which the program standards are registered;

     (iii) An outline of the work processes in which the apprentice will receive supervised work

experience and training on the job, and the allocation of the approximate time to be spent in each

major process;

     (iv) Provision for organized, related, and supplemental instruction in technical subjects

related to the trade. A minimum of one hundred forty-four (144) hours for each year of

apprenticeship is recommended. This instruction in technical subjects may be accomplished

through media, such as classroom, occupational or industry courses, electronic media, or other

instruction approved by the department of labor and training; every apprenticeship instructor must:

     (A) Meet the Rhode Island department of elementary and secondary education

requirements for a vocational-technical instructor, or be a subject matter expert, which is an

individual, such as a journey worker, who is recognized within an industry as having expertise in a

specific occupation; and

     (B) Have training in teaching techniques and adult learning styles, which may occur before

or after the apprenticeship instructor has started to provide the related technical instruction;

     (v) A statement of the progressively increasing scale of wages to be paid the apprentice

consistent with the skill acquired, the entry wage to be not less than the minimum wage prescribed

by the federal and state labor standards act, where applicable, unless a higher wage is required by

other applicable federal law, state law, respective regulations, or by collective bargaining

agreement;

     (vi) A provision for periodic review and evaluation of the apprentice’s progress in job

performance and related instruction, and the maintenance of appropriate progress records;

     (vii) The numeric ratio of apprentices to journeypersons consistent with proper supervision,

training, safety, and continuity of employment, and applicable provisions in collective bargaining

agreements, except where the ratios are expressly prohibited by the collective bargaining

agreement. The ratio language shall be specific and clear as to application in terms of jobsite, work

force, department, or plant;

     (viii) A probationary period reasonable in relation to the full apprenticeship term, with full

credit given for the period toward completion of apprenticeship; the probationary period shall not

exceed twenty-five percent (25%) of the length of the program or one year, whichever is shorter;

     (ix) Adequate and safe equipment and facilities for training and supervision, and safety

training for apprentices on the job and in related instruction;

     (x) The minimum qualifications required by a sponsor for persons entering the

apprenticeship program, with an eligible starting age not less than sixteen (16) years;

     (xi) The placement of an apprentice under a written apprenticeship agreement that

conforms to the requirements of this chapter. The agreement shall directly, or by reference,

incorporate the standards of the program as part of the agreement;

     (xii) The granting of advanced standing or credit for demonstrated competency, previously

acquired experience, training, or skills for all applicants equally, with commensurate wages for any

progression step so granted;

     (xiii) The transfer of an apprentice between apprenticeship programs and within an

apprenticeship program must be based on agreement between the apprentice and the affected

apprenticeship committees or program sponsors, and must comply with the following requirements:

     (A) The transferring apprentice must be provided a transcript of related instruction and on-

the-job learning by the committee or program sponsor;

     (B) Transfer must be to the same occupation; and

     (C) A new apprenticeship agreement must be executed when the transfer occurs between

program sponsors;

     (xiv) Assurance of qualified training personnel and adequate supervision on the job;

     (xv) Recognition for successful completion of apprenticeship evidenced by an appropriate

certificate issued by the department of labor and training;

     (xvi) Program standards that utilize the competency-based or hybrid approach for

progression through an apprenticeship and that choose to issue interim credentials must clearly

identify the interim credentials; demonstrate how these credentials link to the components of the

apprenticeable occupation; and establish the process for assessing an individual apprentice’s

demonstration of competency associated with the particular interim credential; further, interim

credentials must only be issued for recognized components of an apprenticeable occupation,

thereby linking interim credentials specifically to the knowledge, skills, and abilities associated

with those components of the apprenticeable occupation;

     (xvii) Identification of the department of labor and training as the registration agency;

     (xviii) Provision for the registration, cancellation, and deregistration of the program, and

requirement for the prompt submission of any modification or amendment to the department of

labor and training for approval;

     (xix) Provision for registration of apprenticeship agreements, modifications, and

amendments; notice to the department of labor and training of persons who have successfully

completed apprenticeship programs; and notice of transfers, cancellations, suspensions, and

terminations of apprenticeship agreements and a statement of the reasons therefor;

     (xx) Authority for the cancellation of an apprenticeship agreement during the probationary

period by either party without stated cause. Cancellation during the probationary period will not

have an adverse impact on the sponsor’s completion rate;

     (xxi) Compliance with 29 C.F.R. Part 30, including the equal opportunity pledge prescribed

in 29 C.F.R. § 30.3(b); an affirmative action plan complying with 29 C.F.R. § 30.4; and a method

for the selection of apprentices authorized by 29 C.F.R § 30.5, or compliance with parallel

requirements contained in a state plan for equal opportunity in apprenticeship adopted under 29

C.F.R. Part 30 and approved by the department. The apprenticeship standards must also include a

statement that the program will be conducted, operated, and administered in conformity with

applicable provisions of 29 C.F.R. Part 30, as amended, or if applicable, an approved state plan for

equal opportunity in apprenticeship;

     (xxii) Name and address, telephone number, and e-mail address (if applicable) of the

appropriate authority under the program to receive, process, and make disposition of complaints;

     (xxiii) Recording and maintenance of all records concerning apprenticeship as may be

required by the office of apprenticeship or the department of labor and training and other applicable

law.

 

622)

Section

Amended By Chapter Numbers:

 

28-45-10

330 and 331

 

 

28-45-10. Definitions.

     For the purposes of this chapter:

     (1) “Apprenticeable occupation” is an occupation whichthat possesses all of the following

characteristics:

     (i) It is customarily learned in a practical way through a structured, systematic program of

on-the-job supervised learning.

     (ii) It is clearly identified and commonly recognized throughout an industry.

     (iii) It involves the progressive attainment of manual, mechanical, or technical skills and

knowledge, which is in accordance with the industry standard for the occupation, that requires the

completion of at least a minimum of two thousand (2,000) hours of on-the-job learning to attain

experience.

     (iv) It requires related instruction to supplement the on-the-job learning.

     (2) “Apprenticeship agreement” means a written agreement complying with 29 C.F.R. §

29.7 between an apprentice and either the apprenticeship program sponsor, or an apprenticeship

committee acting as agent for the program sponsor(s), that contains the terms and conditions of the

employment and training of the apprentice.

     (3) “Council” means the apprenticeship council as established by § 28-45-2.

     (4) “OA” means office of apprenticeship, United States Department of Labor.

     (5) “Secretary” means Secretary of the United States Department of Labor.

 

623)

Section

Amended By Chapter Numbers:

 

28-45-13

330 and 331

 

 

28-45-13. Standards of apprenticeship agreements.

     All apprenticeship agreements submitted for approval and registration with the department

of labor and training shall contain explicitly or by reference standards adopted by the council,

including:

     (1) Names and signatures of the contracting parties (apprentice and the program sponsor

or employer), and the signature of a parent or guardian if the apprentice is a minor.

     (2) The date of birth of the apprentice and on a voluntary basis the social security number

of the apprentice.

     (3) Name and address of the program sponsor and the registration agency.

     (4) A statement of the occupation, trade, or craft in which the apprentice is to be trained,

and the beginning date and term (duration) of apprenticeship.

     (5) A statement showing:

     (i) The number of hours to be spent by the apprentice in work on the job in a time-based

program or a description of the skill sets to be attained by completion of a competency-based

program, including the on-the-job learning component; or the minimum number of hours to be

spent by the apprentice and a description of the skill sets to be attained by completion of a hybrid

program.

     (ii) The number of hours to be spent in related and supplemental instruction in technical

subjects related to the occupation which is recommended to be not less than one hundred forty-four

(144) hours per year.

     (6) A statement setting forth a schedule of the work processes in the occupation or industry

divisions in which the apprentice is to be trained and the approximate time to be spent at each

process.

     (7) A statement of the graduated scale of wages to be paid the apprentice and whether or

not the required related instruction shall be compensated.

     (8) Statements providing:

     (i) For a specific period of probation during which time the apprenticeship agreement may

be terminated by either party to the agreement upon written notice to the department of labor and

training, without adverse impact on the sponsor; and

     (ii) That, after the probationary period, the agreement may be canceled at the request of the

apprentice, or may be suspended, or terminated by the sponsor, for good cause, with due notice to

the apprentice and a reasonable opportunity for corrective action, and with written notice to the

apprentice and to the department of labor and training of the final action taken.

     (9) A reference incorporating as part of the agreement the standards of the apprenticeship

program as it exists on the date of the agreement and as it may be amended during the period of the

agreement.

     (10) A statement that the apprentice will be accorded equal opportunity in all phases of

apprenticeship employment, and training, without discrimination because of race, color, religion,

national origin, or sex, sexual orientation, gender identity or expression, disability, age, or country

of ancestral origin, as set forth in § 28-5-5.

      (11) Name and address, phonetelephone number, and e-mail address (if applicable) of the

appropriate authority, if any, designated under the program to receive, process, and make

disposition of controversies or differences arising out of the apprenticeship agreement when the

controversies or differences cannot be adjusted locally or resolved in accordance with the

established procedure or applicable collective bargaining provisions.

 

624)

Section

Amended By Chapter Numbers:

 

28-45-14

330 and 331

 

 

28-45-14. State EEO plan.

     The state apprenticeship programsystem shall operate in conformance with the state law,

including the equal employment opportunity standards and regulationsplan for equal employment

opportunity in registered apprenticeship programs as adopted by the Rhode Island department of

labor and training.

 

625)

Section

Amended By Chapter Numbers:

 

28-45-16

330 and 331

 

 

28-45-16. Reciprocity.

     (a) When a sponsor of ana registered apprenticeship program registered and operating in a

neighboring state requests registrationreciprocal recognition from the department of labor and

training to train apprentices for work projects in this state, the sponsor shall be granted

registrationrecognition, providing the sponsor conforms with the regulations and standards of the

state of Rhode Island for the occupation.

     (b) An apprentice registered in an approved registered apprenticeship program in a

neighboring state will be awarded certification of registration for state purposes upon request and

on the condition that the neighboring state’s sponsorship program is registered with the appropriate

state apprentice agency.

     (c) The department of labor and training shall have the authority to expand or limit the

number of states that are subject to the provisions of subsection (a) by regulation through the

promulgation of rules and regulations.

     (d) The department of labor and training shall accord reciprocal approval for federal

purposes to apprentices, apprenticeship programs, and standards that are registered in other states

by the United States Department of Laborby another registration agency as defined in 29 C.F.R. §

29.2 or a registration agency recognized by the United States Department of Labor or a registration

agency recognized by the United States Department of Labor if the reciprocity is requested by the

apprenticeship program sponsor. Program sponsors seeking reciprocal approval must meet Rhode

Island wage and hour provisions and apprentice ratio standards.

 

626)

Section

Repealed By Chapter Numbers:

 

28-45-18

330 and 331

 

 

28-45-18. [Repealed]

 

627)

Section

Added By Chapter Numbers:

 

28-60

195 and 196

 

 

CHAPTER 60

POSTING OF VETERANS' BENEFITS AND SERVICES

 

628)

Section

Added By Chapter Numbers:

 

28-60-1

195 and 196

 

 

28-60-1. Posting of veterans' benefits and services.

     (a) The department of labor and training shall consult with the office of veterans services

to create and distribute a veterans' benefits and services poster.

     (b) Such poster shall, at a minimum, include information regarding the following services

available to veterans:

     (1) Contact and website information for the office of veterans services and the department's

veterans' program;

     (2) Substance abuse and mental health treatment;

     (3) Educational, workforce, and training resources;

     (4) Tax benefits;

     (5) Rhode Island state veteran drivers' licenses and non-driver identification cards;

     (6) Eligibility for unemployment insurance benefits under state and/or federal law;

     (7) Legal services; and

     (8) Contact information for the United States Department of Veterans Affairs veterans

crisis line.

     (c) Every employer in the state with more than fifty (50) full-time equivalent employees

shall display the poster created pursuant to this section in a conspicuous place accessible to

employees in the workplace.

 

629)

Section

Amended By Chapter Numbers:

 

29-1-1

168 and 169

 

 

29-1-1. Library established -- State librarian.

     Within the department of state there shall be a state library and, for the supervision of the

state library, the secretary of state shall appoint a state librarian qualified by training and experience

who has a master’s degree from an American Library Association-accredited program who shall

serve at the pleasure of the secretary of state. The state librarian shall carry out the duties required

by chapters 1 — 3 of this title. The state librarian shall continue to maintain and supervise the

legislative reference bureau state library.

 

630)

Section

Amended By Chapter Numbers:

 

29-1-2

168 and 169

 

 

29-1-2. Care of library – Preservation of materials.

     The secretary of state shall have the care and custody of the state library, except the law

library, and shall receive and preserve all books materials and documents that may be sent to, or

purchased for, the library.

 

631)

Section

Amended By Chapter Numbers:

 

29-1-3

168 and 169

 

 

29-1-3. Reference assistance.

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

clerical service reference librarians in the state library, and the state librarian is hereby authorized

and empowered to employ additional clerical assistance reference librarians. Reference librarians

shall have a master’s degree from an American Library Association-accredited program. The state

controller shall draw orders upon the general treasurer for the payment of all sums appropriated

under the authority of this section, or so much thereof as may be from time to time required, upon

his or her their receipt of proper vouchers approved by the state librarian and the secretary of state.

 

632)

Section

Repealed By Chapter Numbers:

 

29-1-5

168 and 169

 

 

29-1-5. [Repealed]

 

633)

Section

Amended By Chapter Numbers:

 

29-1-10

168 and 169

 

 

29-1-10. State library -- Functions.

     There shall be in the state library, under the direction of the state librarian, a legislative

reference bureau that shall collect, arrange, and place on file books, pamphlets, and other material

relating to legislation, and subscribe to databases relating to legislation; that shall prepare abstracts

of laws in other states; and that shall present such other information as may be useful and necessary

to the general assembly in the performance of its legislative duties.

 

634)

Section

Amended By Chapter Numbers:

 

29-1-11

168 and 169

 

 

29-1-11. Expense of the state library.

     (a) The state librarian shall, with the approval of the secretary of state, employ such

assistance and incur such expenses as may be necessary in the proper administration of the

legislative reference bureau state library, and the general assembly shall annually appropriate such

sum as it may deem necessary for this purpose.

     (b) The state controller is hereby authorized and directed to draw his or her their orders

upon the general treasurer for the payment of the amount appropriated, or so much thereof as may

be from time to time required, upon his or her their receipt of proper vouchers approved by the

state librarian and the secretary of state.

 

635)

Section

Repealed By Chapter Numbers:

 

29-1-15

168 and 169

 

 

29-1-15. [Repealed]

 

636)

Section

Amended By Chapter Numbers:

 

29-7-2

168 and 169

 

 

29-7-2. Definitions.

     As used in this chapter:

     (1) “Depository library” means a library designated to collect, maintain, and make

available state publications to the general public. The clearinghouse director shall consider the

geography of the state when designating depository libraries;.

     (2) “Printed” means any form of printing and duplicating, regardless of format, with the

exception of correspondence, and interoffice and intraoffice memoranda;.

     (3) “State agency” means any state office, whether legislative, executive, or judicial,

regulatory, an administrative body of the state, or any political subdivision thereof; including, but

not limited to, any constitutional officer, department, division, bureau, board, commission, office,

authority, any school, fire, or water district, and/or any other agency or quasi-public agency of

Rhode Island state or local government which exercises governmental function and/or that expends

state appropriated funds or any other public or private agency, person, partnership, corporation, or

business entity acting on behalf of any public agency;. and

     (4) “State publication” means any publication, regardless of physical form or

characteristics produced, made available electronically, printed, purchased, or authorized for

distribution by a state agency, except those determined by the issuing agency to be required for

official use only for administrative or operational purposes.

 

637)

Section

Amended By Chapter Numbers:

 

29-7-3

168 and 169

 

 

29-7-3. Creation.

     There is hereby created, as a section of the state library, and under the direction of the state

librarian, a state publications clearinghouse for libraries, hereinafter referred to as “the

clearinghouse”. The clearinghouse shall promote the establishment of an orderly depository library

system and shall maintain a complete and permanent collection of state publications. To this end,

the secretary of state, with the assistance of the state librarian and the director of the state

publications clearinghouse for libraries and the clearinghouse advisory committee, shall adopt rules

and regulations necessary to carry out the provisions of this chapter.

 

638)

Section

Amended By Chapter Numbers:

 

29-7-4

168 and 169

 

 

29-7-4. Director.

     The state librarian shall designate from the state library staff a director of the state

publications clearinghouse. The director shall hold a graduate degree in library science from an

accredited library school. The clearinghouse director shall maintain guidelines for documents

officers on the state library’s website as well as in person to give guidance on what is a state

document and how to send it to the clearinghouse. The clearinghouse director shall maintain an

online catalog of recently acquired state publications regardless of form.

 

639)

Section

Amended By Chapter Numbers:

 

29-7-5

168 and 169

 

 

29-7-5. Deposits of state publications.

     Each state agency shall designate one person as its documents officer and shall notify the

clearinghouse of his or her identity. The documents officer shall, prior to public release of a state

publication, deposit with the clearinghouse a minimum of twenty-five (25) as many tangible copies

as are specified by the clearinghouse director of publications that are produced in printed or other

tangible forms and for electronic publications, one electronic copy and as many tangible copies as

are specified by the clearinghouse director to meet the needs of the depository library system to be

housed on a digital preservation platform and in an online catalog managed by the state library.

 

640)

Section

Amended By Chapter Numbers:

 

29-7-6

168 and 169

 

 

29-7-6. Depository agreements.

     The clearinghouse may enter into depository agreements with any municipal library, public

library, private college or university library, or research library in the state of Rhode Island, and

shall provide for distribution of state publications to the Center for Research Libraries and the

Library of Congress. The requirements for eligibility to become and continue as a depository library

shall be established by the clearinghouse. The standards shall include, and take into consideration,

the type of library, ability to preserve state publications and to make them available for public use,

and also such geographical locations as will make the publications conveniently accessible to

residents in all areas of the state, except as otherwise provided by law.

 

641)

Section

Repealed By Chapter Numbers:

 

29-7-7

168 and 169

 

 

29-7-7. [Repealed]

 

642)

Section

Repealed By Chapter Numbers:

 

29-7-8

168 and 169

 

 

29-7-8. [Repealed]

 

 

 

 

 

643)

Section

Amended By Chapter Numbers:

 

31-1-3

172 and 173, 414 and 415

 

 

Pl. 172 and Pl. 173

 

 

31-1-3. Types of vehicles. [Effective July 12024.],

     (a)(1) “Antique motor car” means any motor vehicle that is more than twenty-five (25)

years old. Unless fully inspected and meeting inspection requirements, the vehicle may be

maintained solely for use in exhibitions, club activities, parades, and other functions of public

interest. The vehicle may also be used for limited enjoyment and purposes other than the previously

mentioned activities, but may not be used primarily for the transportation of passengers or goods

over any public highway.

     (2) After the vehicle has met the requirements of state inspection, a registration plate may

be issued to it on payment of the standard fee. The vehicle may be operated on the highways of this

and other states, and may, in addition to the registration plate, retain the designation “antique” and

display an “antique plate.”

     (3) For any vehicle that is more than twenty-five (25) years old, the division of motor

vehicles may also issue or approve, subject to rules and regulations that may be promulgated by

the administrator, a “year of manufacture plate” for the vehicle that is an exact replica plate

designating the exact year of manufacture of the vehicle. The year of manufacture plate, as

authorized by this subsection, need only be attached to the rear of the vehicle.

     (b)(1) “Antique motorcycle” means any motorcycle that is more than twenty-five (25)

years old. Unless fully inspected and meeting inspection requirements, the vehicle shall be

maintained solely for use in exhibitions, club activities, parades, and other functions of public

interest. The vehicle may also be used for limited enjoyment and purposes other than the previously

mentioned activities, but may not be used primarily for the transportation of passengers or goods

over any public highway; and

     (2) After the vehicle has met the requirements of state inspection, a registration plate may

be issued to it, on payment of the standard fee, and the vehicle may be operated on the highways

of this and other states, and may, in addition to the registration plate, retain the designation

“antique” and display an “antique plate.”

     (c) “Authorized emergency vehicle” means vehicles of the fire department (fire patrol);

police vehicles; vehicles of the department of corrections while in the performance of official

duties; vehicles used by the state bomb squad within the office of state fire marshal; vehicles of

municipal departments or public service corporations designated or authorized by the administrator

as ambulances and emergency vehicles; and privately owned motor vehicles of volunteer

firefighters or privately owned motor vehicles of volunteer ambulance drivers or attendants, as

authorized by the department chief or commander and permitted by the Rhode Island Association

of Fire Chiefs and Rhode Island Association of Police Chiefs Joint Committee for Volunteer

Warning Light Permits.

     (d) “Automobile” means, for registration purposes, every motor vehicle carrying

passengers other than for hire.

     (e) “Bicycle” means every vehicle having two (2) tandem wheels, except scooters and

similar devices, propelled exclusively by human power, and upon which a person may ride.

     (f) “Camping recreational vehicle” means a vehicular type camping unit, certified by the

manufacturer as complying with ANSI A119.2 Standards, designed primarily as temporary living

quarters for recreation that has either its own motor power or is mounted on, or towed by, another

vehicle. The basic units are tent trailers, fifth-wheel trailers, motorized campers, travel trailers, and

pick-up campers.

     (g) “Electric motorized bicycle” means a motorized bicycle, also called an "electric

bicycle", as defined in § 31-19.7-1, means a two-wheel (2) vehicle that may be propelled by human

power or electric motor power, or by both, with an electric motor rated not more than two (2)

(S.A.E.) horsepower, that is capable of a maximum speed of not more than twenty-five twenty-

eight miles per hour (25 28 m.p.h.).

     (h) “Electric personal assistive mobility device” (“EPAMD”) is a self-balancing, non-

tandem two-wheeled (2) device, designed to transport only one person, with an electric propulsion

system that limits the maximum speed of the device to fifteen miles per hour (15 m.p.h.).

     (i) “Fifth-wheel trailer”: A towable recreational vehicle, not exceeding four hundred (400)

square feet in area, designed to be towed by a motorized vehicle that contains a towing mechanism

that is mounted above or forward of the tow vehicle’s rear axle and that is eligible to be registered

for highway use.

     (j) “Hearse” means every motor vehicle used for transporting human corpses. A hearse

shall be considered an automobile for registration purposes.

     (k) “Jitney or bus” means: (1) A “public bus” that includes every motor vehicle, trailer,

semi-trailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers

for hire, and operated wholly or in part upon any street or highway as a means of transportation

similar to that afforded by a street railway company, by indiscriminately receiving or discharging

passengers, or running on a regular route or over any portion of one, or between fixed termini; or

(2) A “private bus” that includes every motor vehicle other than a public bus or passenger van

designed for carrying more than ten (10) passengers and used for the transportation of persons, and

every motor vehicle other than a taxicab designed and used for the transportation of persons for

compensation.

     (l) “Low-speed motor vehicle” or “low-speed vehicle” means a motor vehicle defined in

49 C.F.R. § 571.3 as a vehicle that is four (4) wheeled, whose speed attainable in one mile is more

than twenty miles per hour (20 m.p.h.) and not more than twenty-five miles per hour (25 m.p.h.)

on a paved level surface, is electric, and whose gross vehicle weight rating is less than three

thousand pounds (3,000 lbs.). All low-speed motor vehicles shall comply with the standards

established in 49 C.F.R. § 571.500, as amended, and pursuant thereto, shall be equipped with

headlamps, front and rear turn signal lamps, tail lamps, stop lamps, an exterior mirror mounted on

the driver’s side of the vehicle and either an exterior mirror mounted on the passenger’s side of the

vehicle or an interior mirror, a parking brake, a windshield that conforms to the federal standards

on glazing materials, a vehicle identification number that conforms to the requirements of 49 C.F.R.

pt. 565 for such numbers, a Type 1 or Type 2 seat belt assembly conforming to 49 C.F.R. § 571.209,

installed at each designated seating position, and reflex reflectors; provided, that one reflector is

red on each side as far to the rear as practicable and one reflector is red on the rear. A low-speed

motor vehicle that meets the requirements of 49 C.F.R. § 571.500, as amended, and is equipped as

herein provided, may be registered in this state, subject to inspection and insurance requirements.

     (m) “Motorcycle” means only those motor vehicles having not more than three (3) wheels

in contact with the ground and a saddle on which the driver sits astride, except bicycles with helper

motors as defined in subsection (o) of this section.

     (n) “Motor-driven cycle” means every motorcycle, including every motor scooter, with a

motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in

subsection (o) of this section.

     (o) “Motorized bicycles” means two-wheel (2) vehicles that may be propelled by human

power or helper power, or by both, with a motor rated not more than four and nine-tenths (4.9)

horsepower and not greater than fifty (50) cubic centimeters, that are capable of a maximum speed

of not more than thirty miles per hour (30 m.p.h.).

     (p) “Motorized camper”: A camping recreational vehicle, built on, or permanently attached

to, a self-propelled motor vehicle chassis cab or van that is an integral part of the completed vehicle.

     (q) “Motorized tricycles” means tricycles that may be propelled by human power or helper

motor, or by both, with a motor rated no more than 1.5 brake horsepower that is capable of a

maximum speed of not more than thirty miles per hour (30 m.p.h.).

     (r) “Motorized wheelchair” means any self-propelled vehicle, designed for, and used by, a

person with a disability that is incapable of speed in excess of eight miles per hour (8 m.p.h.).

     (s) “Motor scooter” means a motor-driven cycle with a motor rated not more than four and

nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters that is capable of a

maximum speed of not more than thirty miles per hour (30 m.p.h.).

     (t) “Motor vehicle” means every vehicle that is self-propelled or propelled by electric

power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved

exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection

(g) of this section, and motorized wheelchairs.

     (u) “Motor vehicle for hire” means every motor vehicle other than jitneys, public buses,

hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport

persons for compensation in any form, or motor vehicles rented for transporting persons either with

or without furnishing an operator.

     (v) “Natural gas vehicle” means a vehicle operated by an engine fueled primarily by natural

gas.

     (w) “Park trailer”: A camping recreational vehicle that is eligible to be registered for

highway use and meets the following criteria: (1) Built on a single chassis mounted on wheels; and

(2) Certified by the manufacturer as complying with ANSI A119.5.

     (x) “Passenger van” means every motor vehicle capable of carrying ten (10) to fourteen

(14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger

vans may be used for vanpools, transporting passengers to and from work locations, provided that

the operator receives no remuneration other than free use of the vehicle.

     (y) “Pedal carriage” (also known as “quadricycles”) means a nonmotorized bicycle with

four (4) or more wheels operated by one or more persons for the purpose of, or capable of,

transporting additional passengers in seats or on a platform made a part of or otherwise attached to

the pedal carriage. The term shall not include a bicycle with trainer or beginner wheels affixed to

it, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the

transportation of a person with a disability, nor shall it include a tricycle built for a child or an adult

with a seat for only one operator and no passenger.

     (z) “Pick-up camper”: A camping recreational vehicle consisting of a roof, floor, and sides

designed to be loaded onto and unloaded from the back of a pick-up truck.

     (aa) “Rickshaw” (also known as “pedi cab”) means a nonmotorized bicycle with three (3)

wheels operated by one person for the purpose of, or capable of, transporting additional passengers

in seats or on a platform made a part of, or otherwise attached to, the rickshaw. This definition shall

not include a bicycle built for two (2) where the operators are seated one behind the other, nor shall

it include the operation of a bicycle with trainer or beginner wheels affixed thereto, nor shall it

include a wheelchair or other vehicle with the purpose of operation by or for the transportation of

a person with a disability.

     (bb) “School bus” means every motor vehicle owned by a public or governmental agency,

when operated for the transportation of children to or from school; or privately owned, when

operated for compensation for the transportation of children to or from school.

     (cc) “Suburban vehicle” means every motor vehicle with a convertible or interchangeable

body or with removable seats, usable for both passenger and delivery purposes, and including motor

vehicles commonly known as station or depot wagons or any vehicle into which access can be

gained through the rear by means of a hatch or trunk and where the rear seats can be folded down

to permit the carrying of articles as well as passengers.

     (dd) “Tent trailer”: A towable recreational vehicle that is mounted on wheels and

constructed with collapsible partial side walls that fold for towing by another vehicle and unfold

for use and that is eligible to be registered for highway use.

     (ee) “Trackless trolley coach” means every motor vehicle that is propelled by electric

power obtained from overhead trolley wires, but not operated on rails.

     (ff) “Travel trailer”: A towable recreational vehicle, not exceeding three hundred twenty

square feet (320 sq. ft.) in area, designed to be towed by a motorized vehicle containing a towing

mechanism that is mounted behind the tow vehicle’s bumper and that is eligible to be registered

for highway use.

     (gg) “Vehicle” means every device in, upon, or by which any person or property is or may

be transported or drawn upon a highway, except devices used exclusively upon stationary rails or

tracks.

 

Pl. 414 and Pl. 415

   (g) "Electric motorized bicycle" means a motorized bicycle that may be propelled by

human power or electric motor power, or by both, with an electric motor rated not more than two

(2) (S.A.E.) horsepower, that is capable of a maximum speed of not more than twenty-five miles

per hour (25 m.p.h.).

   (lm) "Low-speed motor vehicle" or "low-speed vehicle" means a motor vehicle defined in

49 C.F.R. § 571.3 as a vehicle that is four (4) wheeled, whose speed attainable in one mile is more

than twenty miles per hour (20 m.p.h.) and not more than twenty-five miles per hour (25 m.p.h.)

on a paved level surface, is electric, and whose gross vehicle weight rating is less than three

thousand pounds (3,000 lbs.). All low-speed motor vehicles shall comply with the standards

established in 49 C.F.R. § 571.500, as amended, and pursuant thereto, shall be equipped with

headlamps, front and rear turn signal lamps, tail lamps, stop lamps, an exterior mirror mounted on

the driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the

vehicle or an interior mirror, a parking brake, a windshield that conforms to the federal standards

on glazing materials, a vehicle identification number that conforms to the requirements of 49 C.F.R.

pt. 565 for such numbers, a Type 1 or Type 2 seat belt assembly conforming to 49 C.F.R. § 571.209,

installed at each designated seating position, and reflex reflectors; provided, that one reflector is

red on each side as far to the rear as practicable and one reflector is red on the rear. A low-speed

motor vehicle that meets the requirements of 49 C.F.R. § 571.500, as amended, and is equipped as

herein provided, may be registered in this state, subject to inspection and insurance requirements.

     (mn) "Motorcycle" means only those motor vehicles having not more than three (3) wheels

in contact with the ground and a saddle on which the driver sits astride, except bicycles with helper

motors as defined in subsection (op) of this section.

     (no) "Motor-driven cycle" means every motorcycle, including every motor scooter, with a

motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in

subsection (op) of this section.

     (op) "Motorized bicycles" means two-wheel (2) vehicles that may be propelled by human

power or helper power, or by both, with a motor rated not more than four and nine-tenths (4.9)

horsepower and not greater than fifty (50) cubic centimeters, that are capable of a maximum speed

of not more than thirty miles per hour (30 m.p.h.).

     (pq) "Motorized camper": A camping recreational vehicle, built on, or permanently

attached to, a self-propelled motor vehicle chassis cab or van that is an integral part of the completed

vehicle.

     (qr) "Motorized tricycles" means tricycles that may be propelled by human power or helper

motor, or by both, with a motor rated no more than 1.5 brake horsepower that is capable of a

maximum speed of not more than thirty miles per hour (30 m.p.h.).

     (rs) "Motorized wheelchair" means any self-propelled vehicle, designed for, and used by,

a person with a disability that is incapable of speed in excess of eight miles per hour (8 m.p.h.).

     (st) "Motor scooter" means a motor-driven cycle with a motor rated not more than four and

nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters that is capable of a

maximum speed of not more than thirty miles per hour (30 m.p.h.).

     (tu) "Motor vehicle" means every vehicle that is self-propelled or propelled by electric

power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved

exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection

(g) of this section, and motorized wheelchairs.

     (uv) "Motor vehicle for hire" means every motor vehicle other than jitneys, public buses,

hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport

persons for compensation in any form, or motor vehicles rented for transporting persons either with

or without furnishing an operator.

     (vw) "Natural gas vehicle" means a vehicle operated by an engine fueled primarily by

natural gas.

     (wx) "Park trailer": A camping recreational vehicle that is eligible to be registered for

highway use and meets the following criteria: (1) Built on a single chassis mounted on wheels; and

(2) Certified by the manufacturer as complying with ANSI A119.5.

     (xy) "Passenger van" means every motor vehicle capable of carrying ten (10) to fourteen

(14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger

vans may be used for vanpools, transporting passengers to and from work locations, provided that

the operator receives no remuneration other than free use of the vehicle.

     (yz) "Pedal carriage" (also known as "quadricycles") means a nonmotorized bicycle with

four (4) or more wheels operated by one or more persons for the purpose of, or capable of,

transporting additional passengers in seats or on a platform made a part of or otherwise attached to

the pedal carriage. The term shall not include a bicycle with trainer or beginner wheels affixed to

it, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the

transportation of a person with a disability, nor shall it include a tricycle built for a child or an adult

with a seat for only one operator and no passenger.

     (zaa) "Pick-up camper": A camping recreational vehicle consisting of a roof, floor, and

sides designed to be loaded onto and unloaded from the back of a pick-up truck.

     (aabb) "Rickshaw" (also known as "pedi cab") means a nonmotorized bicycle with three

(3) wheels operated by one person for the purpose of, or capable of, transporting additional

passengers in seats or on a platform made a part of, or otherwise attached to, the rickshaw. This

definition shall not include a bicycle built for two (2) where the operators are seated one behind the

other, nor shall it include the operation of a bicycle with trainer or beginner wheels affixed thereto,

nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the

transportation of a person with a disability.

     (bbcc) "School bus" means every motor vehicle owned by a public or governmental

agency, when operated for the transportation of children to or from school; or privately owned,

when operated for compensation for the transportation of children to or from school.

     (ccdd) "Suburban vehicle" means every motor vehicle with a convertible or

interchangeable body or with removable seats, usable for both passenger and delivery purposes,

and including motor vehicles commonly known as station or depot wagons or any vehicle into

which access can be gained through the rear by means of a hatch or trunk and where the rear seats

can be folded down to permit the carrying of articles as well as passengers.

     (ddee) "Tent trailer": A towable recreational vehicle that is mounted on wheels and

constructed with collapsible partial side walls that fold for towing by another vehicle and unfold

for use and that is eligible to be registered for highway use.

     (eeff) "Trackless trolley coach" means every motor vehicle that is propelled by electric

power obtained from overhead trolley wires, but not operated on rails.

     (ffgg) "Travel trailer": A towable recreational vehicle, not exceeding three hundred twenty

square feet (320 sq. ft.) in area, designed to be towed by a motorized vehicle containing a towing

mechanism that is mounted behind the tow vehicle's bumper and that is eligible to be registered for

highway use.

     (gghh) "Vehicle" means every device in, upon, or by which any person or property is or

may be transported or drawn upon a highway, except devices used exclusively upon stationary rails

or tracks.

     (hhl) "Kei car" or "Kei truck" means every motor vehicle of the keijidōsha class of imported

vehicles, including, but not limited to, mini-trucks, microvans, and Kei cars imported pursuant to

49 U.S.C. § 30112(b)(9), having four (4) wheels, an engine displacement of six hundred sixty cubic

centimeters (660cc) or less, an overall length of one hundred thirty inches (130") or less, an overall

height of seventy-eight inches (78") or less, and an overall width of sixty inches (60") or less.

 

644)

Section

Amended By Chapter Numbers:

 

31-1-23

172 and 173

 

 

31-1-23. Types of roads.

     (a) “Bicycle lane” means a portion of highway right-of-way designated by the state and

identified by official traffic control devices (pavement markings) for the exclusive use of bicyclists.

The operation and parking of motor vehicles is prohibited within the lane identified for exclusive

use by bicyclists, except when making a turn, entering or leaving the roadway or a parking lane, or

when required in the course of official duty.

     (b) “Bicycle route” means a shared right-of-way along a highway, designated by the state

and identified by official traffic control devices (signs) for use by bicyclists.

     (c) “Bicycle trail or path” means a bikeway physically separated from motorized vehicular

traffic by an open space or barrier and either within the highway right-of-way or within an

independent right-of-way. Bicycle trails or paths may also be used by pedestrians, skaters, riders

of Class 1 electric bicycles as defined in § 31-19.7-1, wheelchair users, joggers, and other

nonmotorized users.

     (d) “Laned roadway” means a roadway which is divided into two (2) or more clearly

marked lanes for vehicular traffic.

     (e) “Limited access highway” means every highway, street, or roadway to or from which

owners or occupants of abutting lands and other persons have no legal right of access except at

those points and in that manner determined by the public authority having jurisdiction over it.

     (f) “Local highway” means every street or highway other than a state highway, private

road, or driveway.

     (g) “Private road or driveway” means every way or place in private ownership that is used

for vehicular travel only by the owner and by those others having express or implied permission

from the owner.

     (h) “Roadway” means that portion of a highway improved, designed, or ordinarily used for

vehicular travel, excluding the sidewalk, berm, or shoulder even when used by persons riding

bicycles. In the event a highway includes two (2) or more separate roadways, “roadway” refers to

the roadway separately and not the roadways collectively.

     (i) “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of

a roadway, and the adjacent property lines intended for the use of pedestrians.

     (j) “State highway” means every street or highway constructed and/or maintained by the

director of public works and the division of roads and bridges.

     (k) “Street or highway” means the entire width between boundary lines of every way when

any part of it is open to the use of the public for purposes of vehicular traffic.

     (l) “Through highway” means every highway or portion of a highway having entrances

from intersecting highways at which vehicular traffic is required by law to stop before entering or

crossing, and where stop signs are erected under the provisions of chapters 1 — 27 of this title.

 

 

645)

Section

Amended By Chapter Numbers:

 

31-3-5

414 and 415

 

 

31-3-5. Grounds for refusal of registration.

     The division of motor vehicles shall refuse registration or any transfer of registration upon

any of the following grounds:

     (1) That the application contains any false or fraudulent statement, or that the applicant has

failed to furnish required information, or reasonable additional information requested by the

division of motor vehicles, or that the applicant is not entitled to the issuance of registration of the

vehicle under chapters 3 — 9 of this title;

     (2) That the vehicle is mechanically unfit or unsafe to be operated upon the highways;

     (3) That the division of motor vehicles has reasonable ground to believe that the vehicle is

a stolen or embezzled vehicle, or that the granting of registration would constitute a fraud against

the rightful owner;

     (4) That the registration of the vehicle stands suspended or revoked for any reason as

provided in the motor vehicle laws of this state;

     (5) That the vehicle has been reported by any city or town to the division of motor vehicles

as having unpaid fines in the aggregate amount of two hundred dollars ($200) or more, including

any and all interest, penalties, or other monetary amount that may be imposed for failure to pay the

fines by a specified date; provided, the registration shall be issued upon presentation of proof of

payment of the outstanding fines, including any and all interest, penalties, or other monetary

amount owed to the cities or towns reporting the unpaid fines. When the division of motor vehicles

denies a registration to any person pursuant to this subsection, the city or town requesting the denial

of registration shall add a five-dollar ($5.00) fee to the aggregate value of the sum of the fines and,

upon payment, shall transmit the fee to the division of motor vehicles. The provisions of this

subsection shall not apply to any vehicle owned by a rental company, as defined in § 31-34.1-1;

     (6) That the vehicle does not comply with regulations promulgated pursuant to § 23-23-

5(18);

     (7) That the vehicle does not comply with the provisions of chapter 47.1 of this title and

any rules and regulations promulgated under that chapter;

     (8) That a commercial motor vehicle is being operated by a commercial motor carrier that

has been prohibited from operating in interstate commerce by a federal agency with authority to do

so under federal law; or

     (9) That the registered owner of a vehicle failed to pay the required toll amounts,

administrative fees, and fines as prescribed in § 24-12-37; or

     (10) That the vehicle is a "Kei car" or "Kei truck". Provided, however, that the registrant

of any "Kei car" or "Kei truck" which was validly registered prior to June 1, 2024, shall not be

denied renewal of that registration based solely on the vehicle type; and further, provided that, any

such registrations shall not be permitted to be transferred. Every person lawfully operating a "Kei

car" or "Kei truck" shall have the right to use the public highways in the state including any state

highway, through highway, limited-access highway or public highway or roadway with a posted

speed limit of thirty-five miles per hour (35 m.p.h.) or less. Nothing in this subsection, however,

shall be construed to prohibit a "Kei car" or "Kei truck" from crossing a public highway at an

intersection where the public highway to be crossed has a posted speed limit between thirty-five

miles per hour (35 mph) and forty-five miles per hour (45 mph); provided the public highway the

"Kei car" or "Kei truck" is traveling on and the public highway the "Kei car" or "Kei truck" is

crossing the intersection toward both have a speed limit no higher than thirty-five miles per hour

(35 mph) and the intersection is controlled by traffic signals or stop signs.

 

 

646)

Section

Amended By Chapter Numbers:

 

31-3-62

146 and 147

 

 

31-3-62. National Guard plates.

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

make available to all active and retired members of the Rhode Island Army and Air National Guard

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

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

or less. Upon the death of the holder of "National Guard" plates, the plates may be transferred to

the surviving spouse of the member of the National Guard for the spouse's lifetime or until the

spouse remarries.

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

Guard” and shall also carry on it an emblem on the left-hand side of the plate to be designed and

provided by the office of the adjutant general, with the numerals to the right of it.

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

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

for the plate. All revenues shall be deposited as general revenues.

     (d) For the purposes of this section an active or retired member of the Rhode Island Army

and Air National Guard shall be defined as any person certified by the adjutant general as currently

serving or having retired under honorable conditions in either the Rhode Island Army or Air

National Guard.

     (e) In a state of emergency, any active member of the Army or Air National Guard driving

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

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

municipal authority.

 

 

 

647)

Section

Amended By Chapter Numbers:

 

31-3-93

87 and 88

 

 

31-3-93. Special plate for the Gloria Gemma Breast Cancer Resource Foundation.

     (a) The administrator of the division of motor vehicles is empowered to make available

special design motor vehicle registration plates for passenger vehicles based upon the not-for-profit

entity the Gloria Gemma breast cancer resource foundation Breast Cancer Resource Foundation.

The plates shall be designed to reference the Gloria Gemma breast cancer resource foundation

Breast Cancer Resource Foundation.

     (b) The special design plates 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 design plates.

     (c) The Gloria Gemma breast cancer resource foundation Breast Cancer Resource

Foundation motor vehicle plates shall be the same size as regular motor vehicle plates and shall

be designed in conjunction with the division of motor vehicles and with final approval from the

Rhode Island state police.

     (d) The Gloria Gemma breast cancer resource foundation Breast Cancer Resource

Foundation plates shall be subject to a minimum pre-paid order of at least nine hundred (900) sets

of passenger plates compliance with § 31-3-117 relating to the number of minimum pre-paid order

prepaid orders of plates, per plate type (i.e., passenger, commercial, etc.). The Gloria Gemma

breast cancer resource foundation Breast Cancer Resource Foundation plates shall not be issued

unless the minimum order(s) requirements are met. The initial order will be handled by the Gloria

Gemma breast cancer resource foundation Breast Cancer Resource Foundation and shall not be

submitted to the division of motor vehicles for production until the minimum order(s) has been met

and the proper paperwork submitted to the division.

     (e) The administrator of the division of motor vehicles shall develop pre-payment

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 fees, Thethe Gloria

Gemma breast cancer resource foundation Breast Cancer Resource Foundation 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

Twenty dollars ($20.00) shall be deposited in the division of motor vehicles manufacturing account

and the remaining twenty dollars ($20.00) shall be distributed annually to the Gloria Gemma breast

cancer resource foundation Breast Cancer Resource Foundation in furtherance of their mission

to raise breast cancer awareness, increase breast health education, and generate funding for critical

breast health programs that are in desperate need of being brought to fruition.

     (h) A ten-dollar (10.00) surcharge for subsequent registration renewals will go to the Gloria

Gemma breast cancer resource foundation Breast Cancer Resource Foundation.

     (h)(i) The Gloria Gemma breast cancer resource foundation Breast Cancer Resource

Foundation will be required to submit an annual audit, prepared by a certified public accountant

before such monies are distributed.

     (i)(j) In consideration of the receipt of funds from the registration of the Gloria Gemma

breast cancer resource foundation Breast Cancer Resource Foundation, the foundation must use

any Rhode Island-sourced funds in and for the benefit of Rhode Island.

     (j)(k) There shall be no refunds for early cancellation of the Gloria Gemma breast cancer

resource foundation Breast Cancer Resource Foundation plates.

 

648)

Section

Added By Chapter Numbers:

 

31-3-127

63 and 64

 

 

31-3-127. Special plate for Dyslexia Advocacy Rhode Island.

     (a) The administrator of the division of motor vehicles is empowered to make available

special motor vehicle registration plates for the not-for-profit entity Dyslexia Advocacy Rhode

Island. The plates shall be designed to reference the not-for-profit entity Dyslexia Advocacy Rhode

Island.

     (b) The special design plates 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 plate 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 design plate.

     (c) The Dyslexia Advocacy Rhode Island motor vehicle plates shall be the same size as

regular motor vehicle plates and shall be designed by Dyslexia Advocacy Rhode Island in

conjunction with the division of motor vehicles and with final approval from the Rhode Island state

police.

     (d) The Dyslexia Advocacy Rhode Island plates shall be subject to compliance with § 31-

3-117 relating to the number of minimum prepaid orders of plates per plate type (i.e., passenger,

commercial, etc.) and any required payment. The Dyslexia Advocacy Rhode Island plates shall not

be issued unless the minimum order(s) requirements are met. The initial order will be handled by

Dyslexia Advocacy Rhode Island and shall not be submitted to the division of motor vehicles for

production until the minimum order(s) has been met and the proper paperwork submitted to the

division.

     (e) The administrator of the division of motor vehicles shall develop pre-payment

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 fees, the Dyslexia

Advocacy Rhode Island 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 Dyslexia Advocacy Rhode Island to assist in the fiscal needs and in

furtherance of its mission.

     (h) A ten dollar ($10.00) surcharge for subsequent registration renewals shall be allocated

to Dyslexia Advocacy Rhode Island.

     (i) In consideration of the receipt of funds from the registration of the Dyslexia Advocacy

Rhode Island license plate, Dyslexia Advocacy Rhode Island must use any Rhode Island sourced

funds in and for the benefit of Rhode Island based charitable organizations to benefit dyslexic

children, through tuition grants and teacher reimbursement for Orton-Gillingham training.

     (j) Dyslexia Advocacy Rhode Island will be required to submit an annual accounting report

before such monies are distributed.

     (k) There shall be no refunds for early cancellation of Dyslexia Advocacy Rhode Island

plates.

 

 

 

 

649)

Section

Added By Chapter Numbers:

 

31-3-128

85 and 86

 

 

31-3-128. Special plate for the Newport Festivals 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 entity, Newport Festivals Foundation,

Inc. The plates shall be designed to reference the not-for-profit entity, Newport Festivals

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 Newport Festivals Foundation, Inc. motor vehicle plates shall be the same size as

regular motor vehicle plates and shall be designed by Newport Festivals Foundation, Inc. in

conjunction with the division of motor vehicles, and which license plate design shall include

references to both the Newport Folk and Newport Jazz festivals with the design approved by the

Rhode Island state police.

     (d) The Newport Festivals Foundation, Inc. plates shall be subject to a compliance with §

31-3-117 relating to the number of minimum pre-paid prepaid orderorders of plates per plate type

(i.e., passenger, commercial, etc.) and any required payment. The Newport Festivals Foundation,

Inc. plates shall not be issued unless the minimum order requirements are met. The initial order

will be handled by the Newport Festivals 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 paper

work 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, Newport Festivals

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 Newport Festivals Foundation, Inc. to preserve the historic

Newport Jazz and folk Folk Festivals and provide access to music education programs in Rhode

Island to ensure that every person can experience the benefits of music.

     (h) A ten dollar ($10.00) surcharge for subsequent registration renewals shall be allocated

to the Newport festivals foundation Festivals Foundation, Inc.

     (i) In consideration of the receipt of funds from the registration of Newport Festivals

Foundation, Inc. plates, the Newport Festivals Foundation, Inc. must use any Rhode Island-sourced

funds in and for the benefit of Rhode Island-based charitable organizations.

     (j) Newport Festivals Foundation, Inc. will be required to submit an annual accounting

report before such monies are distributed.

     (k) There shall be no refunds for early cancellation of Newport Festivals Foundation, Inc.

plates.

 

650)

Section

Added By Chapter Numbers:

 

31-3-129

113 and 114

 

 

31-3-129. Special plate for the Commercial Fisheries Research Foundation.

     (a) The administrator of the division of motor vehicles is empowered to make available

special motor vehicle registration plates for the not-for-profit entity Commercial Fisheries Research

Foundation. The plates shall be designed to reference the not-for-profit entity Commercial Fisheries

Research Foundation.

     (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 Commercial Fisheries Research Foundation motor vehicle plates shall be the same

size as regular motor vehicle plates and shall be designed by the Commercial Fisheries Research

Foundation in conjunction with the division of motor vehicles, with the design approved by the

Rhode Island state police.

     (d) The Commercial Fisheries Research Foundation plates shall be subject to a compliance

with § 31-3-117 relating to the number of minimum pre-paid order prepaid orders of plates per

plate type (i.e., passenger, commercial, etc.) and any required payment. The Commercial Fisheries

Research Foundation plates shall not be issued unless the minimum order requirements are met.

The initial order will be handled by the Commercial Fisheries Research Foundation and shall not

be submitted to the division of motor vehicles for production until the minimum order(s) have been

met and the proper paper work 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, Commercial

Fisheries Research Foundation 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 Commercial Fisheries Research Foundation to conduct

collaborative fisheries research and education projects to advance the achievement of sustainable

fisheries.

     (h) A ten dollar ($10.00) surcharge for subsequent registration renewals shall be allocated

to the Commercial Fisheries Research Foundation.

     (i) In consideration of the receipt of funds from the registration of Commercial Fisheries

Research Foundation plates, the Commercial Fisheries Research Foundation must use any Rhode-

Island sourced funds in and for the benefit of Rhode-Island based charitable organizations.

     (j) Commercial Fisheries Research Foundation will be required to submit an annual

accounting report before such monies are distributed.

     (k) There shall be no refunds for early cancellation of Commercial Fisheries Research

Foundation plates.

 

651)

Section

Amended By Chapter Numbers:

 

31-6-6

364 and 365

 

 

31-6-6. Vehicles exempt from fees.

     (a) No registration fee is required for the registration of motor-driven equipment owned by

the following:

     (1) American Legion bloodmobile;

     (2) American National Red Cross or any of its chapters within this state;

     (3) American Red Cross, Jamestown chapter ambulance;

     (4) American Red Cross, Tiverton chapter ambulance;

     (5) American Red Cross, Warwick chapter ambulances;

     (6) Animal Rescue League of Southern Rhode Island truck used for rescue work;

     (7) Burrillville Ambulance Corps ambulance;

     (8) Burrillville American Legion Post No. 17 ambulances;

     (9) Civil Air Patrol, Rhode Island wing motor vehicle equipment;

     (10) East Greenwich Ambulance Association ambulances;

     (11) East Greenwich American Legion Post No. 15 (incorporated February 20, 1933)

ambulances;

     (12) East Tiverton Volunteer Fire Department Rescue Squad of Tiverton (a non-business

corporation, incorporated February 16, 1955) equipment, that motor vehicle being a rescue truck

equipped with resuscitators, underwater equipment, emergency lighting units with generators, and

various other devices needed to effect rescue and save lives and property under any emergency and

used for this purpose only;

     (13) Foster Ambulance Association ambulances;

     (14) Georgiaville Volunteer Fire Company, Smithfield town ambulance;

     (15) Glocester Ambulance Corps, Inc. ambulance;

     (16) Hianloland Farms Fire Engine Company of West Greenwich RI, (a non-business

corporation, incorporated November 15, 1940) equipment;

     (17) Hope Valley Ambulance Squad, Inc., ambulances and rescue trucks;

     (18) Hope Valley volunteer fire company ambulances;

     (19) Hope Valley volunteer fire company crash-truck;

     (20) Hospital ambulances;

     (21) Johnston Hose Company No. 1 ambulance;

     (22) Johnston Hose Company No. 3 ambulance;

     (23) Lake Mishnock Volunteer Fire Company Rescue Squad, West Greenwich, Rhode

Island;

     (24) Le Baron C. Colt Memorial Ambulance, Inc. (with plates designated “car 5,”

providing ambulance service to any resident of the town of Bristol, incorporated October 17, 1923,

as a charitable corporation) ambulance;

     (25) Narragansett Rescue Corps, Inc., ambulance;

     (26) North Kingstown Ambulance Association, Inc. (incorporated July 23, 1943, as a

charitable corporation) ambulance;

     (27) North Providence Chamber of Commerce Ambulance Service, Inc. (incorporated

March 15, 1947, as a charitable corporation) ambulance;

     (28) North Smithfield Ambulance Association ambulances;

     (29) North Smithfield Ambulance and Rescue Association rescue wagon and rescue boat

trailer;

     (30) Northern Lincoln Volunteer Ambulance Corps ambulance;

     (31) Northern Rhode Island Radio Emergency Associated Citizens Teams (REACT) rescue

truck and other emergency vehicles;

     (32) Public health league or district nursing association in any city or town in this state;

     (33) Rhode Island American Legion, (incorporated January 29, 1941) first district

ambulance committee of the department ambulances;

     (34) Seven Hills Rhode Island;

     (35) Perspectives Corporation;

     (36) Frank Olean Center;

     (37) Rhode Island Society for the Prevention of Cruelty to Animals’ motor vehicles;

     (38) Rhode Island Lions Sight Foundation, Inc., vehicle;

     (39) Rhode Island state departments’ or agencies’ motor vehicles, trailers, or semi-trailers;

     (40) Roy Carpenter’s beach volunteer fire department, Matunuck ambulance;

     (41) Salvation Army of Providence emergency canteen vehicle;

     (42) Scituate Ambulance and Rescue Corps ambulances;

     (43) South County Ambulance Corps, Inc. (incorporated October 28, 1939, as a charitable

corporation) ambulance;

     (44) South Foster Volunteer Fire Department No. 1 ambulances;

     (45) United States government motor vehicles;

     (46) United States government-accredited motor vehicles owned by a representative of a

foreign country;

     (47) United States mail rural free delivery driver-owned vehicles. This exemption applies

to the particular motor vehicle used in carrying that mail, and not to persons or concerns contracting

to carry the United States mail. The words “United States mail” must be plainly printed on two (2)

sides of that vehicle;

     (48) Veterans of Foreign Wars bloodmobile;

     (49) Veterans of Foreign Wars, Harold F. Flynn Post No. 263, Woonsocket ambulance;

     (50) Volunteer ambulance or rescue corps ambulance or rescue vehicle of a city or town

used in transporting sick or injured patients;

     (51) Westerly Ambulance Corps boat-trailer;

     (52) Westerly Ambulance Corps crash-truck; and

     (53) Westerly Ambulance Corps ambulances.; and

     (54) Rhode Island Disaster Medical Assistance Team, Inc. (incorporated on January 24,

2002, as a domestic nonprofit corporation) motor vehicles and trailers.

     (b) Each owner may be required to pay the cost price of the number plates or markers

required to be displayed on its vehicle.

 

652)

Section

Amended By Chapter Numbers:

 

31-10-31

41 and 42

 

 

31-10-31. Fees.

     The following fees shall be paid to the division of motor vehicles:

     (1) For every operator’s first license to operate a motor vehicle, twenty-five dollars

($25.00);

     (2) For every chauffeur’s first license, twenty-five dollars ($25.00); provided, that when a

Rhode Island licensed operator transfers to a chauffeur’s license, the fee for the transfer shall be

two dollars ($2.00);

     (3) For every learner’s permit to operate a motorcycle, twenty-five dollars ($25.00);

     (4) For every operator’s first license to operate a motorcycle, twenty-five dollars ($25.00)

fifty dollars ($50.00);

     (5) For every renewal of an operator’s or chauffeur’s license, thirty dollars ($30.00); with

the exception of any person seventy-five (75) years of age or older for whom the renewal fee will

be eight dollars ($8.00);

     (6) For every duplicate operator’s or chauffeur’s license and every routine information

update, i.e., name change or address change, twenty-five dollars ($25.00);

     (7) For every certified copy of any license, permit, or application issued under this chapter,

ten dollars ($10.00);

     (8) For every duplicate instruction permit, ten dollars ($10.00);

     (9) For every first license examination, five dollars ($5.00);

     (10) For surrender of an out-of-state license, in addition to the above fees, five dollars

($5.00).

 

653)

Section

Added By Chapter Numbers:

 

31-10-49

89 and 90

 

 

31-10-49. Autism designations for motor vehicle operators - Blue envelope program.

     The administrator of the division of motor vehicles, in consultation with the Rhode Island

Police Chiefs' Association and the Governor's Commission on Disabilities, shall develop and

institute a "Blue Envelope Program" to enhance communications between police officers and

persons with autism spectrum disorder. In developing the program, the division of motor vehicles

shall consider best practices from implementation of similar programs in other jurisdictions.

Participation in any program pursuant to this section shall be strictly voluntary.

 

654)

Section

Amended By Chapter Numbers:

 

31-10.1-1

41 and 42

 

 

31-10.1-1. License required.

     (a) No resident of this state, except those expressly exempted in this chapter, shall drive

any two-wheeled (2) motorcycle or motor-driven cycle upon a highway in this state, unless the

person shall first obtain a special license as an operator under the provisions of this chapter;

provided, however, motorized bicycles and motor scooters with a motor rated not more than four

and nine-tenths horsepower (4.9 h.p.) and not greater than fifty cubic centimeters (50 cc), which is

capable of a maximum speed of not more than thirty miles per hour (30 m.p.h.), shall be exempt

from the provisions of this section. No person shall be licensed pursuant to this chapter unless he

or she shall be at least sixteen (16) years of age or unless the person previously has been issued a

full operator’s license and a motorcycle learner’s permit or a limited provisional license and has

satisfied the requirements of § 31-10.1-3(a) or is already licensed under a prior act of this state.

Any person under the age of eighteen (18) duly licensed under the prior act shall be eligible to have

his or her license renewed in the same manner as persons over the age of eighteen (18). All licenses

issued pursuant to this chapter shall reflect any requirement of the operator to wear a helmet

pursuant to § 31-10.1-4.

     (b) No resident of this state, except those expressly exempted in this chapter, shall drive

any three-wheeled (3) motorcycle or motor-driven cycle upon a highway in this state, unless the

person shall first obtain a special license as an operator under the provisions of this chapter;

provided, however, motorized bicycles and motor scooters with a motor rated not more than four

and nine-tenths horsepower (4.9 h.p.) and not greater than fifty cubic centimeters (50 cc), which is

capable of a maximum speed of not more than thirty miles per hour (30 m.p.h.), shall be exempt

from the provisions of this section. No person shall be licensed pursuant to this chapter unless he

or she shall be at least sixteen (16) years of age or unless the person previously has been issued a

full operator’s license and a motorcycle learner’s permit or a limited provisional license and has

satisfied the requirements of § 31-10.1-3(b) or is already licensed under a prior act of this state.

Any person under the age of eighteen (18) years duly licensed under the prior act shall be eligible

to have their license renewed in the same manner as persons over the age of eighteen (18) years.

All licenses issued pursuant to this chapter shall reflect any requirement of the operator to wear a

helmet pursuant to § 31-10.1-4.

     (c) Any person currently licensed pursuant to this chapter, prior to March 1, 2022, shall

continue to be permitted to operate both two-wheeled (2) and three-wheeled (3) motorcycles and

motor-driven cycles without further examination.

     (d) The holder of a special license as an operator under the provisions of this chapter who

has a limited provisional license may drive the motorcycle only at times when the license holder

could drive a motor vehicle without supervision pursuant to § 31-10-6.

 

655)

Section

Amended By Chapter Numbers:

 

31-10.1-1.2

41 and 42

 

 

31-10.1-1.2. Approved motorcycle rider education program.

     (a) The council on postsecondary education and/or the Community College of Rhode

Island may certify motorcycle dealers engaged in selling motorcycles or an association engaged in

motorcycle safety to provide motorcycle driver education courses in the state if the curriculum used

during the course of instruction is certified by the Motorcycle Safety Foundation, or other programs

approved by the council and/or the Community College of Rhode Island.

     (b)(1) The course of instruction for operation of two-wheeled (2) motorcycles shall provide

students with a minimum of sixteen and a half (16½) hours of combined classroom instruction, and

on the range motorcycle training for a beginner rider course, and a minimum of five (5) hours for

a licensed rider course.

     (2) The course of instruction for operation of three-wheeled (3) motorcycles shall provide

students with a minimum of sixteen and a half (16½) hours of combined classroom instruction, and

on the range motorcycle training for a beginner rider course, and a minimum of five (5) hours for

a licensed rider course.

     (c) In order for an instructor to teach in a motorcycle rider education program in the state,

the person shall meet all of the following requirements:

     (1) Must be twenty-one (21) years of age or older, and must possess a valid drivers license

recognized by the state of Rhode Island for at least three (3) consecutive years;

     (2) Possess a high school diploma or GED;

     (3) Must be certified by the Motorcycle Safety Foundation as an instructor;

     (4) Must be licensed to teach motorcycle training in the state of Rhode Island;

     (5) An instructor has not had more than one moving traffic violation within one year prior

to obtaining certification; not more than two (2) moving violations within a three-year (3) period

prior to licensure as a motorcycle rider education instructor; and not more than three (3) moving

violations within a five-year (5) period prior to licensure as a motorcycle rider education instructor;

     (6) An instructor has not had their driving privileges suspended or revoked in the five (5)

preceding years prior to obtaining certification by the state of Rhode Island;

     (7) An instructor has no driving under the influence of alcohol or drug convictions within

ten (10) years prior to obtaining certification by the state of Rhode Island as a motorcycle rider

education instructor;

     (8) Must successfully pass a criminal background check by the department;

     (9) For out of state instructors, the person must provide the department with a certified

copy of their driving record from the previous five (5) years.

     (d) Class sizes shall not exceed twenty-four (24) students in the classroom, and twelve (12)

on the range during instruction.

     (e) A student, unless specified under § 31-10.1-2, who successfully completes a department

approved two-wheeled (2) motorcycle rider education program’s skills and written test

requirements, shall be deemed compliant with § 31-10.1-1.1(a)(1) and exempted from the road test

under § 31-10.1-3(a) provided the student passes a written, vision, and road sign examination at a

department licensing facility. A student, unless specified under § 31-10.1-2, who successfully

completes a department approved three-wheeled (3) motorcycle rider education program’s skills

and written test requirements, shall be deemed compliant with § 31-10.1-1.1(a)(2) and exempted

from the road test under § 31-10.1-3(b), provided the student passes a written, vision, and road sign

examination at a department facility. In order to take the written, vision, and road sign examination

under § 31-10.1-3(a) or (b) the student shall bring their Motorcycle Safety Foundation completion

card and a road test waiver form provided by the rider education program where the course was

successfully completed. The road test waiver form shall include the following:

     (1) Student’s full name, as written on their valid drivers license;

     (2) Motorcycle Safety Foundation’s Basic Rider Course Completion Card number;

     (3) Course completion date;

     (4) Dealership or association name;

     (5) Dealership or association contact name;

     (6) MSF Rider Education Recognition Program number, or equivalent;

     (7) Instructor’s name, signature, and Motorcycle Safety Foundation number or an identifier

from any other program approved by the council and/or the Community College of Rhode Island

instructor number.

     (f) The department or the Community College of Rhode Island has the right to inspect

ranges to ensure they fulfill the Motorcycle Safety Foundation’s range standards for motorcycle

training. The department shall have the right to inspect the courses authorized under this section at

any time. The entity providing the motorcycle rider education program shall maintain records for a

minimum of two (2) years, including those who participated in the class, those who successfully

completed the class, and those individuals who failed any portion of the class.

     (g) No state subsidies shall be provided to a dealer or association for operating a motorcycle

driver education program under this section.

     (h) The state of Rhode Island shall not be liable for any acts or omissions on the part of

motorcycle dealers and/or associations in the implementation of the motorcycle rider education

program pursuant to this section.

     (i) Each dealership and/or association seeking to provide a motorcycle driver education

course under this chapter shall pay an application fee of seven hundred and fifty dollars ($750) and

a yearly renewal fee of one hundred dollars ($100) to the office of higher education for the purpose

of program oversight.

 

656)

Section

Repealed By Chapter Numbers:

 

31-10.1-2

41 and 42

 

 

31-10.1-2. [Repealed]

 

657)

Section

Amended By Chapter Numbers:

 

31-19.6-1

403 (Article 2) and 428

 

 

31-19.6-1. Low-speed vehicles. [Effective July 1, 2024.]

     (a) Except as otherwise provided in chapters 19.4 and 19.5 of this title, a low-speed motor

vehicle or low-speed vehicle shall not be operated upon any public way unless such vehicle is

registered in accordance with the provisions of this chapter, displays the registration number as

provided in § 31-3-10, and displays a slow-moving vehicle emblem on the rear of the vehicle as

required by § 31-10.1-7. Low-speed vehicles shall be subject to inspection as required by chapter

38 of this title. The registrar may issue registration plates displaying the “Slow Moving Vehicle”

emblem for a low-speed vehicle upon the same terms and conditions applicable to registrants of

other motor vehicles and may issue a special parking identification placard bearing the same

designation upon the same terms and conditions applicable to persons seeking a placard for a motor

vehicle. Every person lawfully operating a low-speed motor vehicle shall have the right to use the

public highways in the state, except low-speed vehicles shall be prohibited from operation on

limited access highways, as defined in § 31-1-23, state highways, as defined in § 31-1-23, or

through highways as defined in § 31-1-23 or on any public highway or roadway with a speed limit

of more than thirty-five miles per hour (35 m.p.h.) including any state highway, through highway,

limited access highway or public highway or roadway with a posted speed limit of thirty-five miles

per hour (35 m.p.h.) or less. No low-speed vehicle shall operate on any state highway, through

highway, limited access highway or public highway or roadway with a speed limit greater than

thirty-five miles per hour (35 m.p.h.).

     (b) Low-speed vehicles shall be subject to the traffic laws and regulations of the state and

the provisions of this section.

     (c) Nothing in subsection (a) of this section shall be construed to prohibit a low-speed

motor vehicle from crossing a public highway at an intersection where the public highway to be

crossed has a posted speed limit between thirty-five miles per hour (35 m.p.h.) and forty-five miles

per hour (45 m.p.h.), provided the public highway the low-speed vehicle is traveling on and the

public highway the low-speed vehicle is crossing the intersection toward both have a speed limit

no higher than thirty-five miles per hour (35 m.p.h.) and the intersection is controlled by traffic

signals or stop signs.

     (d) A municipality may, by ordinance, prohibit the operation of low-speed vehicles on a

laned roadway or local highway or a portion of a highway within its jurisdiction and under its

control, regardless of posted speeds, where it finds that use of the highway or a particular portion

of the highway by low-speed motor vehicles would represent an unreasonable risk of death or

serious injury to occupants of low-speed vehicles as a result of general traffic conditions which

shall include, but not be limited to, excessive speeds of other vehicles, traffic volumes, use of the

highway by heavy trucks or other large vehicles or if the established speed limit on the highway

increases above thirty-five miles per hour (35 m.p.h.) beyond the point where a low-speed vehicle

could safely exit the highway. The municipality shall post signs where necessary to provide notice

to the public of such prohibited access.

     (e) Low-speed vehicles operated on Prudence Island, in the town of Portsmouth, pursuant

to the provisions of chapter 19.4 of this title, are exempt from the provisions of this chapter.

 

Pl. 438

   (a) Except as otherwise provided in chapters 19.4 and 19.5 of this title, a low-speed motor

vehicle or low-speed vehicle shall not be operated upon any public way unless such vehicle is

registered in accordance with the provisions of this chapter, displays the registration number as

provided in § 31-3-10, and displays a slow-moving vehicle emblem on the rear of the vehicle as

required by § 31-10.1-7. Low-speed vehicles shall be subject to inspection as required by chapter

38 of this title. The registrar may issue registration plates displaying the “Slow Moving Vehicle”

emblem for a low-speed vehicle upon the same terms and conditions applicable to registrants of

other motor vehicles and may issue a special parking identification placard bearing the same

designation upon the same terms and conditions applicable to persons seeking a placard for a motor

vehicle. Every person lawfully operating a low-speed motor vehicle shall have the right to use the

public highways in the state, except low-speed vehicles shall be prohibited from operation on

limited access highways, as defined in § 31-1-23, state highways, as defined in § 31-1-23, or

through highways as defined in § 31-1-23 or on any public highway or roadway with a speed limit

of more than thirty-five miles per hour (35 m.p.h.) including any state highway, through highway,

limited access highway or public highway or roadway with a posted speed limit of thirty-five miles

per hour (35 m.p.h.) or less. No low-speed vehicle shall operate on any state highway, through

highway, limited access highway or public highway or roadway with a speed limit greater than

thirty-five miles per hour (35 m.p.h.).

 

658)

Section

Added By Chapter Numbers:

 

31-19.7

172 and 173

 

 

CHAPTER 19.7

ELECTRIC BICYCLES

 

659)

Section

Added By Chapter Numbers:

 

31-19.7-1

172 and 173

 

 

31-19.7-1. Classes.

     There shall be three (3) classes of electric bicycles:

     (1) Class 1: Bicycle equipped with an electric motor that provides assistance only when the

rider is pedaling, and that ceases to provide assistance when the electric bicycle reaches twenty

miles per hour (20 mphm.p.h.).

     (2) Class 2: Bicycle equipped with a throttle-actuated electric motor that ceases to provide

assistance when the electric bicycle reaches twenty miles per hour (20 mphm.p.h.).

     (3) Class 3: Bicycle equipped with an electric motor that provides assistance only when the

rider is pedaling, and that ceases to provide assistance when the electric bicycle reaches twenty-

eight miles per hour (28 mphm.p.h.).

 

 

 

 

 

660)

Section

Added By Chapter Numbers:

 

31-19.7-2

172 and 173

 

 

31-19.7-2. Use of electric bicycles at state properties.

     The department of environmental management may, by regulation, determine allowable

uses of electric bicycles at properties under the department’s jurisdiction; provided, however, that

Class 1 electric bicycles shall be allowable on state bicycle trails or paths as defined by § 31-1-23.

 

661)

Section

Added By Chapter Numbers:

 

31-19.7-3

172 and 173

 

 

31-19.7-3. Helmets required on electric bicycle operators and passengers under age

twenty-one (21).

     Any person under age twenty-one (21) who is operating or is a passenger on an electric

bicycle on a public highway, bicycle trail or path, shared use path, park and/or recreational area,

school property, or on any other public right-of-way shall wear a helmet. The helmet shall fit the

person's head and shall be secured to the person's head by straps while the person is operating or is

a passenger on an electric bicycle. The helmet shall meet the standards for helmets established by

the United States Consumer Product Safety Commission (CPSC) or subsequent standards. In no

event shall failure to wear a helmet be considered as contributory or comparative negligence, nor

shall the failure to wear a helmet be admissible as evidence in the trial of any civil action.

 

662)

Section

Added By Chapter Numbers:

 

31-23-12.1

162 and 164

 

 

31-23-12.1. Providence canteen vehicles.

     (a) The motor vehicle equipment belonging to the Providence Canteen with headquarters

in Providence, Rhode Island, is declared to be an authorized emergency vehicle and may be

equipped with a siren, whistle, or bell as provided in § 31-23-11.

     (b) Any operator of the Providence Canteen motor vehicle shall have, at a minimum, five

(5) hours of training and instruction from an active or retired police officer or firefighter, in the

operation of the Providence Canteen vehicle as an authorized emergency vehicle and the use of

emergency lights and sirens.

 

663)

Section

Amended By Chapter Numbers:

 

31-25-10

77 and 78

 

 

31-25-10. Fastening of load and covering.

     (a) No person shall operate on any highway any vehicle with any load unless the load and

any covering on it is securely fastened so as to prevent the covering or load from becoming loose,

detached, or in any manner a hazard to other users of the highway.

     (b) No motor truck trailer or semitrailer which that is used for the purpose of hauling logs,

pulpwood, lumber, or other materials which that by their very nature may shift or roll so as to be

likely to fall from the vehicle, shall be operated or moved over any highway unless its load is

securely fastened to the vehicle by chains, cables, or other approved devices as will effectively

prevent the shifting of the load or any part of it falling from the vehicle. The ends of the chains,

cables, or other devices and any tire chains shall be tied securely, whether the vehicle is loaded or

unloaded, so that loose ends shall not endanger pedestrians or other vehicles encountered on the

highway.

     (c) This section shall not be construed to include a truck transporting lumber, wood, or

sawmill wastes, when transported in a box type body with solid sides, provided that the truck is not

loaded higher than its side-boards.

     (d) A person who violates the provisions of this section shall be fined:

     (1) Not more than one hundred dollars ($100) for the first violation; and

     (2) Not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for

any subsequent violations.

     (e) No person shall operate a motor truck or other vehicle carrying or transporting any

rubbish, refuse, or other debris or loose material on any highway without first securely fastening a

covering on it to prevent the contents from falling to the highway. No person shall operate on any

highway any vehicle with any load unless the load and any covering on it is securely fastened so

as to prevent that covering or load from becoming loose, detached, or in any manner a hazard to

other users of the highway. The covering must remain in place and secured during travel on any

highway until the contents have been properly cleaned and purged from the vehicle.

     (f) No person shall operate an open motor truck or other similar vehicle while carrying or

transporting any child under sixteen (16) years of age without securely fastening the child to prevent

them from becoming loose or detached in any manner.

 

664)

Section

Amended By Chapter Numbers:

 

31-27-2

217 and 218

 

 

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) ten-year (10)

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) ten-year (10) 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) ten-year (10) 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) ten-

year (10) 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) ten-year (10) 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.

                  

 

665)

Section

Amended By Chapter Numbers:

 

31-27-2.1

217 and 218

 

 

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) ten-year (10) 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) ten-

year (10) 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) ten-year (10) 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) ten-year (10) 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, saliva, 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 and/or

blood and urine testing 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-year (5) ten-year (10) 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 and/or blood and urine testing

periods, 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 contained in the implied consent notice set forth in subsection (c)(10) of 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.

 

 

 

 

 

 

666)

Section

Amended By Chapter Numbers:

 

31-38-1

142 and 144

 

 

31-38-1. Vehicles without required equipment or in unsafe condition — Inspection

sticker for used cars for sale required.

     (a) No person shall sell at retail, drive, or move on any highway any motor vehicle, trailer,

semitrailer, or pole trailer or any combination of them unless the equipment upon the vehicle is in

good working order and adjustment as required in this title, and the vehicle is in such safe

mechanical condition as not to endanger the driver or other occupant or any person upon the

highway.

     (b) No dealer of used vehicles, as defined by § 31-1-19(b), shall sell at retail a used motor

vehicle unless a new inspection of the vehicle conforming to the standards set pursuant to this

chapter and chapter 47.1 of this title has been conducted and the vehicle has a new certificate of

inspection affixed to the windshield at the time of sale, except used cars sold:

     (1) Sold “for parts only” and clearly identified accordingly on the bill of sale: or

     (2) Purchased at the end of the lease term by the current lessee with a valid certificate of

inspection affixed to the windshield at the time of sale that is issued by the state of Rhode Island.

 

667)

Section

Amended By Chapter Numbers:

 

31-41.1-11

217 and 218

 

 

31-41.1-11. Jurisdiction.

     (a) The traffic tribunal shall have exclusive original jurisdiction over the adjudication of

charges under § 31-27-2.1(c)(1) (Refusal to submit to chemical test first violation).

     (b) The district court shall have exclusive original jurisdiction over the adjudication of

charges under § 31-27-2.1(c)(2) and (3) (Refusal to submit to chemical test, second violation and

third and subsequent violations).

     (c) The traffic tribunal shall have exclusive original jurisdiction over the adjudication of

charges under § 31-27-2.1(c)(4) and (5) (Refusal to submit to a chemical test, second violation and

third and subsequent violations with respect to a case of refusal to submit to a blood test).

     (c)(d) Nothing in subsections (a) and (b) of this section shall be deemed to abrogate the

jurisdiction of any municipal court under the provisions of chapter 18 of title 8 of the general laws.

 

668)

Section

Added By Chapter Numbers:

 

31-44-23

286 and 287

 

 

31-44-23. Applicability.

     This chapter shall not apply to manufactured homes that are not located in a mobile and

manufactured home park and which meet the criteria set forth in § 45-24-31.

 

669)

Section

Added By Chapter Numbers:

 

32-1-5.2

440 and 441

 

 

32-1-5.2. Sapowet Marsh Management Area -- Prohibition of development.

     (a) The department of environmental management is authorized to allow and promote

passive outdoor recreation within the boundaries of the land of Sapowet Marsh Management Area

and to enter into leases for the agricultural use of any portion of the land of the management area.

     (b) Sapowet Cove, an area of water that runs from Sapowet Point easterly to the bridge and

then southerly, perpendicular to Sapowet Avenue, shall not at any time be commercially developed

or in any way modified from its current undeveloped state. The water at the mouth of the marsh,

for a distance of two thousand feet (2,000') from the bridge to Sapowet Point, measured in a

southerly direction from the shoreline, shall not be used for any purpose other than passive outdoor

recreation.

     (c) For purposes of this section, "passive outdoor recreation" means the use of land and

water for the restorations, conservation, and management of fish and wildlife and their habitats and

wildlife-associated recreation such as hunting and fishing.

 

670)

Section

Amended By Chapter Numbers:

 

33-15-47

178 and 179

 

 

33-15-47. Forms.

The following forms shall be used for the purposes of this chapter:

STATE OF RHODE ISLAND PROBATE COURT OF THE

COUNTY OF _______________ ______________________

No. _________________

ESTATE OF ____________________________

PERSONAL ESTATE ESTIMATED AT $________ CITY/TOWN OF

________________

20 ____________

PETITION FOR LIMITED GUARDIANSHIP

OR GUARDIANSHIP

______________________hereby petitions the Probate Court of the city/town of ______________

Petitioner

to appoint a limited guardian/guardian for ______________ who currently resides at

________________________, in the city/town of __________________, and whose date of birth

Address

is __________________.

Based upon an assessment conducted by ________________ on ______________, which

Date

functional assessment reflects the current level of functioning of ______________, it has been

Respondent

determined that _____________ lacks decision-making ability in one or more of the following

Respondent

areas as indicated:

____ health care

____ financial matters

____ residence

____ association

____ other

Regarding each area indicated, please describe the specific assistance needed:

Indicate which of the following less restrictive alternatives to guardianship have been explored

and deemed inappropriate as indicated:

____ Durable Power of Attorney for Health Care

____ Living Will

____ Power of Attorney

____ Durable Power of Attorney

____ Trusts

____ Joint Property Arrangements

____ Representative Payee

____ Money Management

____ Single Court Transactions

____ Government Benefit and Social Service Programs

____ Housing Options

____ Supported Decision-Making, see chapter 66.13 of title 42

____ Other

Please describe the basis for the determination that the alternative will not meet the needs of the

respondent for each alternative explored and deemed inappropriate:

The following individual/agency is willing to serve as guardian:

Upon information and belief the above individual/agency has:

□ No conflict of interest that would interfere with guardianship duties.

□ No criminal background that would interfere with guardianship duties.

□ The capacity to manage financial resources involved.

□ The ability to meet requirements of law and unique needs of individual.

□ Demonstrated willingness to undergo training.

The Respondent has the following heirs at law:

NAME: RESIDENCE:

___________________________________

Signature

___________________________________

Name

___________________________________

Address

__________________________________

Telephone

Subscribed and sworn to before me this as to the truth of the above facts by ________ in ________

on the ________day of ________, 20____.

__________________________________

Notary Public

__________________________________

Print Name

DECREE

__________________ __________________

Dated PROBATE JUDGE

This notice should be served at once and returned to the clerk of the court.

NOTICE

STATE OF RHODE ISLAND

BY THE PROBATE COURT OF THE __________ OF ____________

BY THE COUNTY OF ______________ AND STATE AFORESAID

To ________________________

Estate or ______________

Docket No. _____________

GREETING:

A petition for Limited Guardianship/Guardianship has been filed in the Probate Court of the

city/town of _______________________.

_______________________________ has requested that the Probate Court appoint a limited

Petitioner

guardian/guardian for you.

A hearing regarding this Petition shall be held

On: ______________

date

At: _______________

time

at the Probate Court for the town of .

______________________________________________________________________________

Address

______________________________________________________________________________

     The Petition requests that the Probate Court consider the qualification of the following

individual/agency to serve as your limited guardian/guardian:

______________________________________________________________________________

______________________________________________________________________________

     A guardian ad litem will be appointed by the Probate Court to visit you, explain the

process and inform you of your rights.

     You have the right to attend the hearing to contest the petition, to request that the powers

of the guardian be limited or to object to the appointment of particular individual/agency limited

guardian/ guardian. If you wish to contest the petition, you have the right to be represented by an

attorney, at state expense, if you are indigent.

     If the Petition is granted and a limited guardian/guardian is appointed, the Probate Court

may give the limited guardian/guardian the power to make decisions about one or more of the

following:

     Your health care; your money; where you live; and with whom you associate.

     Copies of this Notice will be mailed to:

     The administrator of any care or treatment facility where you live or receive primary

services; your spouse, and heirs at law; any individual or entity known to petitioner to be regularly

supplying protection services to you.

CERTIFICATION OF SERVICE

     I certify that I hand-delivered and read this Notice to __________________ on the

________ day of________, 20____.

___________________________________

Signature

___________________________________

Print Name

__________________________________

Address

CERTIFICATION OF NOTICE

     I certify that, as required by Rhode Island General Laws § 33-15-17.1(e), I mailed a copy

of this Notice to the following persons, at the addresses listed, on the ________ day of ________,

20____.

__________________________________

Signature

___________________________________

Print Name

__________________________________

Address

     Subscribed and sworn to before me this ________ day of ________, 20____.

___________________________________

Notary Public

WITNESS

     Judge of the Probate Court of the ________ of ________ this ________ day of ________,

20____.

___________________________________

Clerk

DECISION-MAKING ASSESSMENT TOOL

     Name of Individual being assessed: Current Address:

     ______________________________ ______________________________

      ______________________________

     Date of Birth: Permanent Address (if different):

     ________________________ _________________________

      _________________________

Instructions for Completion

     This document will be used by a Probate Court to determine whether to appoint a

guardian to assist this individual in some or all areas of decision-making.

     This document has two parts. Please first complete the part which is right after these

instructions, titled Assessment. Then complete the second section, titled Summary.

     To a physician completing this document: The individual's treating physician must

complete this document. If there is any information of which the treating physician completing

this document does not have direct knowledge, he or she is encouraged to make such inquiries of

such other persons as are necessary to complete the entire form. Those persons might include

other medical personnel such as nurses, or other persons such as family members or social service

professionals who are acquainted with the individual. If the physician has received information

from others in completing the form, the names of those individuals must be listed on the

Summary.

     To a non-physician completing this document: Professionals or other persons acquainted

with the individual being assessed may also complete this document. If there is information of

which a non-physician completing this document does not have knowledge, such non-physician

may either leave portions of the document blank, or also make inquiries or do such investigation

as is necessary to complete the entire document. Again, the names of any individual from whom

information is derived should be listed on the Summary.

     The document must be signed and dated by the person completing it. It does not need to be

notarized.

A. BIOLOGICAL ASSESSMENT

THE FOLLOWING IS BASED UPON A PHYSICAL EXAMINATION CONDUCTED BY ME

ON

__________________________

(DATE)

1. DIAGNOSIS and PROGNOSIS:

2. MEDICATION (PLEASE LIST):

How do the above medications, if any, affect the individual's decision-making ability? Please

explain:

3. CURRENT NUTRITIONAL STATUS:

B. PSYCHOLOGICAL ASSESSMENT

1. MEMORY (CIRCLE ONE)

     (A) Intact; (B) Mild Impairment; (C) Moderate Impairment; (D) Severe Impairment

2. ATTENTION (CIRCLE ONE)

     (A) Intact; (B) Mild Impairment; (C) Shifting/Wandering; (D) Delirium; (E) Unresponsive

3. JUDGMENT (CIRCLE ONE)

     (A) Intact; (B) Able to Make Most Decisions; (C) Impaired; (D) Gross Impairment

4. LANGUAGE (CIRCLE ALL THAT APPLY)

     (A) Intact (B) Sensory Deficits (Hearing/Speech/Sight)

     (C) Impairment In Comprehension/Speech: Mild/Moderate/Severe

     (D) Completely Unresponsive

5. EMOTION (CIRCLE ALL THAT APPLY)

     (A) ANXIETY/DEPRESSION: (1) None (2) History of Anxiety/Depression

     (3) Moderate Symptoms of Anxiety/Depression

     (4) Severe symptoms with sleep/appetite/energy disturbance

     (5) Suicide/Homicidal

     (B) OTHER: (1) Suspiciousness/Belligerence/Explosiveness

     (2) Delusions/Hallucinations (3) Unresponsive

     If you circled any of the above, other than (A) or (1) for any of the above categories, please

explain whether the situation is treatable or reversible, and if so, how:

C. SOCIAL ASSESSMENT

1. MOBILITY (CIRCLE ALL THAT APPLY)

(A) Intact/Exercises (B) Drives Car Or Uses Public Transportation (C) Independent

Ambulation in Home Only; (D) Walker/Cane; (E) Requires Assistance

     If you circled (C), (D), or (E), is situation treatable or reversible? If so, how?

     

     

     

     

     

2. SELF CARE (CIRCLE ALL THAT APPLY)

(A) No Assistance Needed;

(B) Requires Assistance with (1) Meals (2) Bathing (3) Dressing (4) Toileting/Feeding

If you circled any of (B), is individual aware that assistance is required? ___________________

Is individual willing to accept assistance? _____________________________________________

Is individual able to arrange for assistance? ____________________________________________

3. CARE PLAN MAINTENANCE (CIRCLE ALL THAT APPLY)

(A) No Active Problem; (B) Initiates Problem Identification; (C) Actively Cooperative;

(D) Passively Cooperative; (E) Passively Uncooperative; (F) Actively Uncooperative

4. SOCIAL NETWORK RELATIONSHIPS

(CIRCLE ONE IN (A) AND INONE IN (B))

     SUPPORT:

     (1) Very Good Supportive Network; (2) Some Support From Family And Friends; (3) No

Or Limited Support From Family/Friends; (4) Needs Community Support; (5)

Isolated/Homebound

     (B) SOCIAL SKILLS:

     (1) Very Good Social Skills; (2) Good Social Skills; (3) Interacts With Prompting; (4)

Isolated

D. SUMMARY

I hereby certify that I have reviewed sections A, B, & C attached hereto and based on such

assessments that the individual's decision-making ability is as follows:

(1) PLEASE DESCRIBE AS FULLY AS YOU CAN THE INDIVIDUAL'S DECISION-

MAKING ABILITY IN EACH OF THE FOLLOWING AREAS:

A. FINANCIAL MATTERS

B. HEALTH CARE MATTERS

C. RELATIONSHIPS

D. RESIDENTIAL MATTERS

(2) PLEASE INDICATE YOUR OPINION REGARDING WHETHER THE INDIVIDUAL

NEEDS A SUBSTITUTE DECISION-MAKER IN ANY OF THE FOLLOWING AREAS:

(Circle one for each category. If you circle "limited" for any category, please explain.)

(1) FINANCIAL MATTERS Yes No Limited

(2) HEALTH CARE MATTERS Yes No Limited

(3) RELATIONSHIPS Yes No Limited

(4) RESIDENTIAL MATTERS Yes No Limited

(5) OTHER: If there are any other areas in which you think the individual lacks decision-making

ability or has limited decision-making ability, please explain.

__________________________________

      Signature

_______________________________

Name (Print or Type)

______________________________

Title

______________________________

Date

______________________________

Names and titles of others who assisted in Preparation of This Assessment.

STATE OF RHODE ISLAND PROBATE COURT OF THE

COUNTY OF ___________________

Estate of ________________________ Docket No. ________________

ANNUAL STATUS REPORT

(1) The residence of the ward is

(2) The medical condition of the ward is:

(3) I perceive the following changes in the decision making capacity of the ward:

(4) The following is a summary of the actions I have taken and decisions I have made on behalf of

the ward during the last year:

(If more space is needed, please attach a supplement).

__________________________

Guardian

__________________________

Date

STATE OF RHODE ISLAND PROBATE COURT OF

COUNTY OF _____________ THE _______________

(Estate Name)

Probate Court No. ______

REPORT OF THE GUARDIAN AD LITEM

     Now comes (Name of Guardian Ad Litem) for (Name of Proposed Ward) and reports that

on (Date), I personally visited the proposed ward at (Address). I explained to (Name of Proposed

Ward) the following:

     * The nature, purpose, and legal effect of the appointment of a guardian;

     * The hearing procedure, including, but not limited to, the right to contest the petition, to

request limits on the guardian's powers, to object to a particular person being appointed guardian,

to be present at the hearing, and to be represented by legal counsel;

     * The name of the person known to be seeking appointment as guardian:

     Based on such visit and the respondent's reaction thereto, I make the following

determination regarding the respondent's desire to be present at the hearing, to contest the

petition, to have limits placed on the guardian's powers and respondent's objection, if any, to a

particular person being appointed as guardian.

     

     

     

     

     Based on my review of the petition, the decision making assessment tool, my interview

with the prospective guardian, my visit with the respondent, and interviews and discussions with

other parties, I made the following additional determinations:

     Regarding whether the respondent is in need of a guardian of the type prayed for in the

petition:

     

     

     

     

     Regarding whether the guardian ad litem has, in the course of fulfilling his or her duties,

discovered information concerning the suitability of the individual or entity to serve as such

guardian:

     

     

     

     

Respectfully submitted,

     Date: ________________________ _______________________

(Name of Guardian Ad Litem)

 

671)

Section

Amended By Chapter Numbers:

 

33-21.1-35

93 and 94

 

 

33-21.1-35. Agreement to locate reported property.

     (a) All agreements to pay compensation to recover or assist in the recovery of property

reported under § 33-21.1-17, made within twenty-four (24) months after the date payment or

delivery is made under § 33-21.1-19, are unenforceable.

     (b) Agreements pursuant to subsection (a) of this section entered into any time after the

twenty-four-(24)month (24) period are valid only if:

     (1) The aggregate fee, compensation, commission, or other remuneration agreed upon is

not more than ten percent (10%) of the value of the property;

     (2) The agreement is in writing;

     (3) The agreement clearly states that the property may be claimed by the apparent owner

from the general treasurer free of charge;

     (4) The agreement is signed by the apparent owner; and

     (5) The agreement clearly sets forth the nature and value of the property and the value of

the apparent owner's share after the fee or compensation has been deducted.

     (c) Nothing in this section shall be construed to prevent an owner from asserting at any

time that an agreement to locate property is based upon excessive or unjust consideration.

 

672)

Section

Amended By Chapter Numbers:

 

33-22-28

163 and 165

 

 

33-22-28. Name change.

     (a) In every petition for change of name in the probate court, the judge shall grant or deny

the petition without consideration of presence or absence of spousal consent. The change of name

of a person shall be granted unless such change is sought for fraudulent purposes.

     (b) A person may petition to change that person’s name in the probate court in the town or

city where the person resides.

     (c) If a petitioner is indigent, or demonstrates a limited or inability to pay, the court costs

may be waived or reduced.

     (d) Upon receipt of a petition to change name by an adult, the court may change the name

of that adult. The court shall not require public notice or publication before approving the name

change.

     (e) The court may require a person seeking a name change to undergo a criminal history

record check.

     (f) The court shall make and preserve a record of a name change.

     (g) The court shall, at the request of the person or sua sponte, order the records, including

docket entries, of such name change proceedings sealed, to be opened only by order of the court

for good cause shown or at the request of the person, if the court finds that an open record of the

person’s name change would jeopardize such person’s safety based on the totality of the

circumstances.

     (1) For the purpose of this section, “totality of the circumstances” shall include, but not be

limited to, a consideration of the risk of violence or discrimination against the person, including

the person’s status as transgender or as a survivor of domestic violence.

     (2) The court shall not deny such sealing request solely on the basis that the person lacks

specific instances of or a personal history of threats to their personal safety.

     (h) This statute is in addition to, and not in abrogation of, the common law.

 

673)

Section

Amended By Chapter Numbers:

 

34-18-15

308 and 309

 

 

34-18-15. Terms and conditions of rental agreement.

     (a) A landlord and a tenant may include in a rental agreement terms and conditions not

prohibited by this chapter or other rule of law, including rent, term of the agreement, and other

provisions governing the rights and obligations of the parties.

     (1) If there are fees beyond the rent that apply to the rental of a unit, the lease shall disclose

those fees in the same section as the rent disclosure and shall indicate that additional fees may

apply. This requirement does not apply whenever the tenant or unit are receiving state ofor federal

subsidies that require a different lease format.

     (2) If there is no written lease, the landlord shall provide to the tenant, in writing, a list of

all fees beyond the rent that apply to the rental of the unit. Any change in required fees must be

disclosed in writing at least thirty (30) days prior to the change becoming effective.

     (3) In any lease agreement the landlord shall disclose which utility costcosts are included

in the rent and which utility costcosts are the tenant's responsibility. If there is no written lease, the

landlord shall provide this information to the tenant in writing.

     (4) If a tenant is required to obtain renters insurance, this requirement must be stated in the

lease or if there is no written lease the landlord shall provide this information to the tenant in

writing.

     (5) If a landlord fails to comply with subsections (a)(1) through (a)(4) of this section, the

tenant may recover any fees paid for the unit that were not disclosed as required.

     (b) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and

occupancy of the dwelling unit.

     (c) Rent is payable without demand or notice at the time and place agreed upon by the

parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at

the beginning of any term of one month or less and otherwise in equal monthly installments at the

beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day-to-

day.

     (d) Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case

of a roomer who pays weekly rent, and in all other cases month to month.

     (e) A tenant who is sixty-five (65) years of age or older or who will turn sixty-five (65)

during the term of a rental agreement for a dwelling unit may terminate such a rental agreement in

order to enter a residential care and assisted living facility, as defined in § 23-17.4-2, a nursing

facility, or a unit in a private or public housing complex designated by the federal government as

housing for the elderly. The tenant may terminate the rental agreement by notice given in writing

to the usual person to whom rental payments are made. The notice shall be accompanied by

documentation of admission or pending admission to a facility or housing complex described in

this section. Termination of the rental agreement shall be effective no earlier than forty-five (45)

days after the first rental payment due date following delivery of written notice of termination.

     (f)(1) A lease of premises occupied, or intended to be occupied, by a servicemember or a

servicemember’s dependents may be unilaterally terminated if:

     (i) The lease is executed by or on behalf of a person who, thereafter, and during the term

of the lease, enters military service; or

     (ii) The servicemember, while in military service, executes the lease and thereafter receives

military orders for a change of permanent station or to deploy with a military unit, or as an

individual in support of a military operation, for a period of not less than ninety (90) days; and

     (iii) The lessee delivers to the lessor (or the lessor’s grantee), or to the lessor’s agent (or

the agent’s grantee), written notice of the termination, and a copy of the servicemember’s military

orders.

     (2) Effective date of lease termination. In the event that a lease provides for monthly

payment of rent, termination of the lease under this section is effective thirty (30) days after the

first date on which the next rental payment is due and payable after the date on which the notice is

delivered.

     (3) In the case of any other lease, termination of the lease is effective on the last day of the

month following the month in which the notice is delivered.

     (4) The lessee shall be responsible for rent amounts of the lease that are unpaid for the

period preceding the effective date of the lease termination on a prorated basis. The lessor may not

impose an early termination charge, but any taxes, summonses, or other obligations and liabilities

of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee

for excess wear, that are due and unpaid at the time of termination of the lease, shall be paid by the

lessee.

     (5) Rent paid in advance. Rents or lease amounts paid in advance for a period after the

effective date of the termination of the lease shall be refunded to the lessee by the lessor (or the

lessor’s assignee or the assignee’s agent) within thirty (30) days of the effective date of the

termination of the lease.

     (6) A lessee’s termination of a lease pursuant to this section shall terminate any obligation

a dependent of the lessee may have under the lease.

 

674)

Section

Amended By Chapter Numbers:

 

34-18-16.1

243 and 244

 

 

34-18-16.1. Rent increases — Notice requirements.

     (a) Prior to an increase in rent being imposed by a landlord for a residential tenancy,

excluding an independent living facility, assisted living facility, or congregate care facility, notice

of the increase shall be given in writing to any tenant by a landlord at least thirty (30) sixty (60)

days prior to the effective date of the increase.

     (b) A landlord must of a residential tenancy, excluding an independent living facility,

assisted living facility, or congregate care facility, shall give at least one hundred twenty (120) sixty

(60) days days’ notice to month-to-month tenants over the age of sixty-two (62) years, before

raising the rent.

     (c) Provided, however, that nothing in this section shall require a landlord to provide notice

of a rent increase on a timeframe that exceeds the timeframe set forth under any other state or

federal law or regulation or requirement of any applicable housing program established under state

or federal law or regulation.

 

675)

Section

Amended By Chapter Numbers:

 

34-18-38

409 and 410

 

 

34-18-38. Eviction for unlawfully holding over after termination or expiration of

tenancy.

     (a) If the tenant remains in possession without the landlord’s consent after expiration of the

term of the rental agreement or after the termination of a periodic tenancy, the landlord may

commence an eviction action, which may be filed no earlier than the first day following the

expiration or termination of the tenancy. The action shall be commenced by filing a “Complaint for

Eviction for Reason Other Than for Nonpayment of Rent,” which shall be filed in the appropriate

court according to the form provided in § 34-18-56(e).

     (b) The summons shall be in the form provided in § 34-18-56(h) and shall specify that the

tenant has twenty (20) days from the date of service in which to file his or her their answer to the

complaint, and that if he or she the tenant fails to file his or her their answer within that time, he

or she the tenant will be defaulted. The matter may be assigned for hearing in accordance with the

rules of procedure of the appropriate court.

     (c) If the tenant’s holdover is willful and not in good faith, the landlord may also recover,

in addition to possession, an amount not more than three (3) months’ periodic rent or threefold the

actual damages sustained by him or her the landlord, whichever is greater, and reasonable

attorney’s fees. If the landlord consents to the tenant’s occupancy, the parties may agree to a definite

term. If no term is specified, the term shall be week-to-week if the tenant pays on a week-to-week

basis, and in all other cases, month-to-month.

     (d) If a tenant dies during the term of the rental agreement, leaving no remaining signatories

to the rental agreement living within the dwelling unit, the deceased's live-in caregiver or any other

person of at least eighteen (18) years of age residing in the dwelling unit shall be permitted to

continue the rental agreement for a period of time known as the post-death rental grace period. Any

such person residing in the dwelling unit who chooses to continue the rental agreement shall be

known as the grace period temporary tenant. The following conditions shall apply:

     (1) The grace period temporary tenant shall pay the agreed rent set forth in the rental

agreement and assume all other obligations of the tenant pursuant to the terms of the existing rental

agreement.

     (2) If the landlord objects to assigning grace period temporary tenant status by contesting

whether the person was, in fact, residing in the unit, such person shall have the burden of proving

that they were, in fact, residing in the unit.

     (i) The following items shall be accepted as evidence of residing in the unit:

     (A) A current voter registration at the address in question;

     (B) An official state identification card or motor vehicle license;

     (C) A utility bill in the person’s name indicating that the person resides at the address;

     (D) A payroll check with the tenant’s name and address of residence;

     (E) A letter issued by a state or federal agency;

     (F) An insurance policy or associated documentation;

     (G) A jury duty summons;

     (H) A W-2 form or other tax document;

     (I) An installment loan contract;

     (J) A social security administration statement;

     (K) A pension or retirement account statement;

     (L) An affidavit signed under penalty of perjury indicating that the person does, in fact,

reside in the unit; or

     (M) Any other form of evidence that the department of housing may establish as sufficient

through rule or regulation.

     (ii) Even if the person seeking grace period temporary tenant status shall present sufficient

evidence to satisfy the requirements of subsection (d)(2)(i) of this section, the landlord shall have

the right to present evidence to the district court to rebut the claim that the person seeking grace

period temporary tenant status does, in fact, reside in the unit.

     (3) The grace period temporary tenant may terminate the post-death rental grace period at

any time; provided, however, that the termination of the post-death rental grace period shall not be

construed to relieve the grace period temporary tenant from any obligations incurred under the

rental agreement during the duration of the post-death rental grace period.

     (4) The length of the post-death rental grace period shall be three (3) months or the

remaining term of the rental agreement, whichever is shorter, unless the grace period temporary

tenant chooses a shorter period, or the landlord and the grace period temporary tenant mutually

agree on a longer period. The post-death rental grace period shall commence upon the death of the

leaseholder.

     (5) Rent due for part of a month shall be prorated.

     (6) Nothing in this section shall be construed to obligate the deceased's live-in caregiver or

any other person residing in the dwelling unit to continue the rental agreement or assume any

obligations of the rental agreement.

     (7) Nothing in this section shall be construed to restrict the ability of the landlord and

dwelling unit resident(s) to enter into a new mutually agreeable rental agreement.

     (8) Any past due rent left unpaid by the deceased tenant shall remain an obligation of the

estate of the deceased tenant.

     (9) Nothing in this section shall be construed to convey any civil or criminal liability on

the grace period temporary tenant for any actions of the deceased tenant.

     (10) The landlord shall have the right to deduct damages to the dwelling unit incurred by

the deceased tenant or the grace period temporary tenant from a preexisting security deposit,

pursuant to the terms of the rental agreement, provided, however, the landlord shall not have the

right to require an additional security deposit from the grace period temporary tenant. If the duration

of the post-death rental grace period exceeds one month, then the balance of the security deposit,

net of damages deducted pursuant to § 34-18-19, shall be allocated to the grace period temporary

tenant. If the duration of the post-death rental grace period does not exceed one month, then the

balance of the security deposit, net of damages deducted pursuant to § 34-18-19, shall be allocated

to the estate of the deceased tenant.

     (11) If multiple eligible residents of the dwelling unit separately elect to become grace

period temporary tenants, they shall be responsible for all obligations of the rental agreement,

including rent, on a joint and several basis.

     (12) If an eligible resident of the dwelling unit continues to reside within the rental unit for

more than seven (7) days after the death of the deceased tenant, they shall be assumed to have

elected to become a grace period temporary tenant.

     (13) If there is an ongoing eviction for noncompliance with the rental agreement pursuant

to § 34-18-36, the matter shall be permitted to continue as it relates to noncompliance with the

rental agreement by the grace period temporary tenant.

 

676)

Section

Added By Chapter Numbers:

 

34-18-61

308 and 309

 

 

34-18-61. Convenience fees prohibited.

     (a) A landlord shall not charge a convenience fee to a tenant's rental payment.

     (b) Subsection (a) of this section shall not apply to any landlord that accepts a form of

payment of rent which that does not require a convenience fee for such payment.

 

677)

Section

Amended By Chapter Numbers:

 

34-25.2-11

316 and 317

 

 

34-25.2-11. Exemption.

     The provisions of this chapter shall not apply to:

     (1) Any national bank, federal savings bank, federal credit union, credit union, or financial

institution, or regulated institution, as defined under § 19-1-1, or their wholly-owned subsidiary;

and

     (2) The Federal Housing Administration, the Department of Veterans Affairs, or other state

or federal housing finance agencies.

 

678)

Section

Amended By Chapter Numbers:

 

34-36.1-1.02

154 and 156

 

 

34-36.1-1.02. Applicability.

     (a)(1) This chapter applies to all condominiums created within this state after July 1, 1982,

except that any condominium created within this state prior to July 1, 1982, may voluntarily accept

the provisions of this chapter in lieu of the provisions under which it was originally organized.

Acceptance shall be evidenced by an agreement in writing executed by and in behalf of the

condominium association and by all of the owners of all of the individual condominium units within

the condominium, in which agreement it is clearly stated that they all accept the provisions of this

chapter in lieu of those in the statute under which the condominium was organized and wish to be

governed in the future by the provisions of this chapter. The agreement shall be recorded in the

land evidence records of each and every town or city where all or any part of the land in the

condominium concerned may be located and shall become effective when first so recorded. The

acceptance shall only apply to the governance of the condominium concerned as to all matters

which are prospective or executory in nature; and nothing herein shall be deemed to abrogate,

amend, limit, effect, or impair the continued effectiveness, legality, or validity of all actions

lawfully taken by or in behalf of the condominium prior to the effective date of the acceptance,

including, but without limitation, the condominium declaration and all amendments thereto, the by-

laws of the condominium and/or of its association, all deeds, mortgages, leases, and any further

documents affecting the titles or rights of unit owners, or of the condominium or the prior lawful

acts or deeds of any kind, of the condominium association, its officers, directors, or members.

     (2) Sections 34-36.1-1.05 (separate titles and taxation), 34-36.1-1.06 (applicability of local

ordinances, regulations, and building codes), 34-36.1-1.07 (eminent domain), 34-36.1-2.03

(construction and validity of declaration and bylaws), 34-36.1-2.04 (description of units), 34-36.1-

3.02(a)(1) — (6) and (11) — (17) (powers of unit owners’ association), 34-36.1-3.06(c) through

(d) (bylaws), 34-36.1-3.11 (tort and contract liability), 34-36.1-3.16 (lien for assessments), 34-36.1-

3.18 (association records), 34-36.1-4.09 (resale of units), and 34-36.1-4.17 (effect of violation on

rights of action; attorney’s fees), § 34-36.1-3.20 (enforcement of declaration, bylaws and rules),

and 34-36.1-1.03 (definitions), to the extent necessary in construing any of those sections, apply to

all condominiums created in this state before July 1, 1982; but those sections apply only with

respect to events and circumstances occurring after July 1, 1982, and do not invalidate existing

provisions of the declaration, bylaws, plats, or plans of those condominiums.

     (3) A condominium created as an additional phase by amendment of a condominium

created prior to July 1, 1982, if the original declaration contemplated the amendment, shall be

deemed to be a condominium created prior to July 1, 1982; provided, however, the provisions of

subdivision (a)(2) shall apply as defined therein.

     (4) Section 34-36.1-3.21 (foreclosure of condominium lien) applies, with respect to all

condominiums created in this state prior to June 19, 1991, only with respect to events and

circumstances occurring after June 18, 1991, does not invalidate existing provisions of the

declarations, bylaws, plats, or plans of those condominiums, and applies in all respects to all

condominiums created in this state after June 18, 1991.

     (b) The provisions of the Condominium Ownership Act, chapter 36 of this title, do not

apply to condominiums created after July 1, 1982, and do not invalidate any amendment to the

declaration, bylaws, plats, and plans of any condominium created before July 1, 1982, if the

amendment would be permitted by this chapter. The amendment must be adopted in conformity

with the procedures and requirements specified by those instruments and by chapter 36 of this title.

If the amendment grants to any person any rights, powers, or privileges permitted by this chapter,

all correlative obligations, liabilities, and restrictions in this chapter also apply to that person.

     (c) This chapter does not apply to condominiums or units located outside this state, but the

public offering statement provisions (§§ 34-36.1-4.02 — 34-36.1-4.07) apply to all contracts for

the disposition thereof signed in this state by any party unless exempt under § 34-36.1-4.01(b).

 

679)

Section

Amended By Chapter Numbers:

 

34-36.1-3.06

154 and 156

 

 

34-36.1-3.06. Bylaws.

     (a) The bylaws of the association must provide for:

     (1) The number of members of the executive board and the titles of the officers of the

association;

     (2) Election by the executive board of a president, treasurer, secretary, and any other

officers of the association the bylaws specify;

     (3) The qualifications, powers and duties, terms of office, and manner of electing and

removing executive board members and officers and filling vacancies;

     (4) Which, if any, of its powers the executive board or officers may delegate to other

persons or to a managing agent;

     (5) Which of its officers may prepare, execute, certify, and record amendments to the

declaration on behalf of the association; and

     (6) The method of amending the bylaws.

     (b) Subject to the provisions of the declaration, the bylaws may provide for any other

matters the association deems necessary and appropriate.

     (c) The bylaws of the association and rules referenced in the declaration or bylaws, and

any amendments thereof, shall be recorded in the municipal land evidence records in every

municipality in which any portion of the condominium is located.

     (d) Bylaws and rules recorded subsequent to the recording of the declaration shall be

certified by two (2) members of the executive board, unless a greater certification is required by

the declaration or bylaws.

 

680)

Section

Added By Chapter Numbers:

 

34-44-1.1

245 and 246

 

 

34-44-1.1. Inventory of abandoned properties.

     (a) On or before April 2, 2025, each town and city shall publish a list of all properties

located in each respective town or city which, based on inspection and records, may qualify as

abandoned property under this chapter. After April 2, 2025, the list shall be published and updated

annually and made available in the town or city clerk's office and on the municipal website. Notice

of the inclusion of a property on the abandoned properties list shall be provided to the last known

record owner or owners as available from the tax assessor records by first class mail, postage pre-

paid. The exclusion of any property from a city or town list shall not disqualify any property from

the provisions of this chapter, so long as the court makes the requisite findings as set forth herein.

     (b) The publication of a list under this section shall not constitute grounds for legal claims

against a municipality by the record owner or any interested party.

 

681)

Section

Amended By Chapter Numbers:

 

34-44-3

245 and 246

 

 

34-44-3. Injunctive relief and other relief.

     (a) In any proceeding,:

     (1) Brought brought under chapter 27.3 of title 23 entitled the Rhode Island state building

code, and any violation of the provisions of those regulations promulgated by the state building

code standards committee entitled SBC-1 Rhode Island state building code, SBC-2 Rhode Island

state one-and two-family 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-19 state fuel gas code or any municipal ordinance or regulation concerning

minimum housing standards, that is before a state court, municipal court, housing division of a state

or municipal court, or in any proceeding; or

     (2) Brought upon a verified petition for abatement filed in the state court by the municipal

corporation in which the property involved is located, by any neighboring landowner, or by a

nonprofit corporation, registered to do business in the state, that is duly organized and has as one

of its goals the improvement of housing conditions for low- and moderate-income persons in the

municipality in which the property in question is located, if a building is alleged to be abandoned

and either to be in a dangerous or unsafe condition or to be otherwise in violation of chapter 27.3

of title 23 entitled the Rhode Island state building code, and any violation of the provisions of those

regulations promulgated by the state building code standards committee entitled SBC-1 Rhode

Island state building code, SBC-2 Rhode Island state one and two family 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-19 state fuel gas code or

any municipal ordinance or regulation concerning building or housing,; the municipal corporation,

neighboring landowner, or nonprofit corporation may apply for an injunction requiring the owner

of the building to correct the condition or to eliminate the violation which request shall include

evidence of the condition(s) alleged satisfactory to the court, in its discretion.

     There (b) Unless the court finds an immediate need, due to public safety, for a shortened

period, there shall be a hearing at least twenty (20) days after a summons for an injunction,

indicating the date and time of the hearing is served upon the owner of the building. The summons

shall be served by personal service, residence service, or service by certified mail pursuant to Rule

4 of the Superior Court Rules of Civil Procedure R.I. Super. Ct. R. Civ. P. 4. If service cannot be

made in one of these ways, the notice shall be served by posting it in a conspicuous place on the

building and by publication in a newspaper of general circulation in the municipality in which the

building is located. If the court finds at the hearing that the building is abandoned and either is in a

dangerous or unsafe condition or is otherwise in violation of any ordinance or regulation concerning

minimum housing standards, it shall issue an injunction requiring the owner to correct the condition

or to eliminate the violation, or any other order that it considers necessary or appropriate to correct

the condition or to eliminate the violation.

 

682)

Section

Amended By Chapter Numbers:

 

34-44-4

245 and 246

 

 

34-44-4. Public nuisance determination — Show cause hearing — Appointment of

receiver.

     (a) In any proceeding described in § 34-44-3 of this chapter, if after the court makes the

finding described in that section and additionally finds that the building in question constitutes a

public nuisance and that the owner of the building has been afforded reasonable opportunity to

begin correcting the dangerous or unsafe condition found or to begin eliminating the violation

found and has refused or failed to do so, the court shall cause notice of its findings to be served

upon the owner, each mortgagee or other lienholder of record, and any other interested party, and

shall order the parties to show cause why a receiver should not be appointed to perform, or cause

to be performed, any work and to furnish any material that reasonably may be required to abate the

public nuisance. The notice shall be served in the same manner as described in § 34-44-3 of this

chapter.

     (b) Before appointing a receiver to perform, or cause to be performed, any work to abate a

public nuisance under this chapter, the court shall conduct a hearing at which any mortgagee of

record or lienholder of record, or other interested party in the order of his or her their priority of

interest in title shall be offered the opportunity to undertake the work and to furnish the materials

as are necessary to abate the public nuisance.

     (c) The court shall require the party selected to demonstrate the ability promptly to

undertake the work required, to provide the judge with a viable financial and construction plan for

the rehabilitation of the building, and to post security for the performance of the work.

     (d) All amounts expended by the party toward abating the public nuisance shall be a lien

on the property if the expenditures were approved in advance by the court and if the party desires

such a lien. The lien shall bear the interest, and shall be payable upon the terms approved by the

court. The lien shall have the same priority as the mortgage of a receiver, as set forth in § 34-44-6,

if a certified copy of the court order that approved the expenses, the interest, and the terms of

payment of the lien, and a description of the property in question are filed for record, within thirty

(30) days of the date of issuance of the order, in the office of the recorder of deeds of the

municipality in which the property is located.

     (e) If the court determines at the hearing that no party can undertake the work and furnish

the materials required to abate the public nuisance, or if the court determines at any time after the

hearing that any party who is undertaking corrective work pursuant to this chapter cannot or will

not proceed, or has not proceeded with due diligence, the judge may appoint a receiver to take

possession and control of the property. The receiver shall be appointed in the manner provided in

subsection (c)(f).

     (c)(f) No person shall be appointed a receiver unless he or she the person first has provided

the court with a viable financial and construction plan for the rehabilitation of the property in

question and has demonstrated the capacity and expertise to perform, or cause to be performed, the

required work in a satisfactory manner.

     (g) Prior to the appointment of a receiver the court may grant access to the property in

question to any person who applies to be appointed the receiver of the property, for the limited

purpose of developing a viable financial and construction plan for the rehabilitation of the property

which shall include the items set forth in § 34-44-4.1.

     (h) The appointed receiver may be a financial institution that possesses an interest of record

in the property, a nonprofit corporation that is duly organized and has as one of its goals the

improvement of housing conditions for low and moderate income persons in the municipality in

which the property in question is located, or any other qualified property manager who certifies

that any rehabilitation of the property in question will not result in the long term displacement of

low and moderate income persons shall be a lawyer appointed by the court who is certified by the

court to act as such.

 

683)

Section

Amended By Chapter Numbers:

 

34-44-12

245 and 246

 

 

34-44-12. Sale of building and property by receiver.

     (a) If a receiver appointed pursuant to § 34-44-4 files with the judge in the civil action

described in § 34-44-4 a report indicating that the public nuisance has been abated, and if the judge

confirms that the receiver has abated the public nuisance, and if the receiver or any interested party

requests the judge to enter an order directing the receiver to sell the building and the property on

which it is located, then the judge may enter that order after holding a hearing as described in

subsection (b).(c).; or

     (b)(1) If the abatement of the nuisance has not yet occurred; and

     (2) If the court approves the abatement plan presented by the receiver or any interested

party; and

     (3) The building at the subject property is unoccupied, then the court may enter an order,

upon the receiver's recommendation, directing the receiver to sell the building and property upon

which it is located after holding a hearing as described in subsection (c) of this section. Any sale

order and sale deed under this subsection shall include a requirement that the transfer of the property

include a reverter if the abatement plan is not completed in accordance with its terms and in the

timeframe established in the plan. The abatement of the property by the purchaser shall be at the

purchaser's sole cost and expense.

     (b)(c) The receiver or interested party requesting an order as described in subsection (a)

subsections subsection (a) or (b) of this section shall cause a notice of the date and time of a hearing

on the request to be served on the owner of the building involved and all other interested parties in

accordance with § 34-44-3. The judge in the civil action described in § 34-44-3 shall conduct the

scheduled hearing. At the hearing, if the owner or any interested party objects to the sale of the

building and the property, the burden of proof shall be upon the objecting person to establish, by a

preponderance of the evidence, that the benefits of not selling the building and the property

outweigh the benefits of selling them. If the judge determines that there is no objecting person, or

if he or she the judge determines that there is one or more objecting persons but no objecting person

has sustained the burden of proof specified herein, the judge may enter an order directing the

receiver to offer the building and the property for sale upon terms and conditions that the judge

shall specify, and may further order the removal of any clouds on the title to the building and

property by reason of any liens or encumbrances that are inferior to any claims of the receiver, as

provided by § 34-44-6(9), or if the receivership action is pending in a court other than the superior

court, the judge may order the receiver to petition the superior court to order the removal of any

clouds on the title to the building or property. An order by the superior court to remove any cloud

on the title to the building and property shall be binding upon all those claiming by, through, under,

or by virtue of, any inferior liens or encumbrances.

     (d) The court may give priority in a sale to any party willing to:

     (1) Designate and deed restrict the property for low- and moderate-income housing, as

defined in § 45-53-3; or

     (2) Resell the property at least ten percent (10%) below an appraised market value; or

     (3) Designate any residential units in the property for occupancy through any housing

choice voucher program; or

     (4) Restrict use of the property to owner-occupancy for a period of not less than twenty-

four (24) months from the date of the issuance of a certificate of occupancy.

     The waiver of any portion of the delinquent real estate taxes or zoning or minimum housing

fines pursuant to subsection (e) of this section may qualify as a municipal subsidy under § 45-53-

3.

     (c)(e) If a sale of a building and the property on which it is located is ordered pursuant to

subsections (a) and (b) through (d) and if the sale occurs in accordance with the terms and

conditions specified by the judge in his or her the judge’s order of sale, then the receiver shall

distribute the proceeds of the sale and the balance of any funds that the receiver may possess, after

the payment of the costs of the sale, in the following order of priority and in the described manner:

     (1) First, the amount due for delinquent taxes and assessments owed to this state or a

political subdivision of this state;

     (2) Second, in satisfaction of any mortgage liability incurred by the receiver pursuant to §

34-44-6 of this chapter, in their order of priority;

     (3) Third, any unreimbursed expenses and other amounts paid in accordance with § 34-44-

6 of this chapter by the receiver, and the fees of the receiver assessed pursuant to § 34-44-8 of this

chapter; and

     (4) Fourth, the amount of any pre-receivership mortgages, liens, or other encumbrances, in

their order of priority.

     (d)(f) Following a distribution in accordance with subsection (c)(e), the receiver shall

request the judge in the civil action described in § 34-44-3 to enter an order terminating the

receivership. If the judge determines that the sale of the building and the property on which it is

located occurred in accordance with the terms and conditions specified by the judge in his or her

order of sale under subsection (b)(c) and that the receiver distributed the proceeds of the sale and

the balance of any funds that the receiver possessed, after the payment of the costs of the sale, in

accordance with subsection (c)(e), and if the judge approves any final accounting required of the

receiver, the judge may terminate the receivership.

     (e)(g) If a judge in a civil action described in § 34-44-3 enters a declaration that a public

nuisance has been abated by a receiver, and if, within three (3) days after the entry of the

declaration, all costs, expenses, and approved fees of the receivership have not been paid in full,

the judge may enter an order directing the receiver to sell the building involved and the property

on which it is located. The order shall be entered, and the sale shall occur, only in compliance with

subsections (b) — (d), as applicable.

 

 

 

 

 

684)

Section

Amended By Chapter Numbers:

 

 

35-4-27

117 (Article 2), 290 and 291, 423

 

 

 

Pl. 290 and Pl. 291

 

 

35-4-27. Indirect cost recoveries on restricted receipt accounts.

     Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all

restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there

shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions

from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on

federal grant funds; or (3) Through transfers from state agencies to the department of administration

for the payment of debt service. These indirect cost recoveries shall be applied to all accounts,

unless prohibited by federal law or regulation, court order, or court settlement. The following

restricted receipt accounts shall not be subject to the provisions of this section:

     Executive Office of Health and Human Services

     Organ Transplant Fund

     HIV Care Grant Drug Rebates

     Health System Transformation Project

     Rhode Island Statewide Opioid Abatement Account

     HCBS Support-ARPA

     HCBS Admin Support-ARPA

     Department of Human Services

     Veterans’ home — Restricted account

     Veterans’ home — Resident benefits

     Pharmaceutical Rebates Account

     Demand Side Management Grants

     Veteran’s Cemetery Memorial Fund

     Donations — New Veterans’ Home Construction

     Department of Health

     Pandemic medications and equipment account

     Miscellaneous Donations/Grants from Non-Profits

     State Loan Repayment Match

     Healthcare Information Technology

     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

     Eleanor Slater non-Medicaid third-party payor account

     Hospital Medicare Part D Receipts

     RICLAS Group Home Operations

     Commission on the Deaf and Hard of Hearing

     Emergency and public communication access account

     Department of Environmental Management

     National heritage revolving fund

     Environmental response fund II

     Underground storage tanks registration fees

     De Coppet Estate Fund

     Rhode Island Historical Preservation and Heritage Commission

     Historic preservation revolving loan fund

     Historic Preservation loan fund — Interest revenue

     Department of Public Safety

     E-911 Uniform Emergency Telephone System

     Forfeited property — Retained

     Forfeitures — Federal

     Forfeited property — Gambling

     Donation — Polygraph and Law Enforcement Training

     Rhode Island State Firefighter’s League Training Account

     Fire Academy Training Fees Account

     Attorney General

     Forfeiture of property

     Federal forfeitures

     Attorney General multi-state account

     Forfeited property — Gambling

     Department of Administration

     OER Reconciliation Funding

     Health Insurance Market Integrity Fund

     RI Health Benefits Exchange

     Information Technology restricted receipt account

     Restore and replacement — Insurance coverage

     Convention Center Authority rental payments

     Investment Receipts — TANS

     OPEB System Restricted Receipt Account

     Car Rental Tax/Surcharge-Warwick Share

     Grants Management Administration

     RGGI-Executive Climate Change Coordinating Council Projects

     Executive Office of Commerce

     Housing Resources Commission Restricted Account

     Housing Production Fund

     Department of Revenue

     DMV Modernization Project

     Jobs Tax Credit Redemption Fund

     Legislature

     Audit of federal assisted programs

     Department of Children, Youth and Families

     Children’s Trust Accounts — SSI

     Military Staff

     RI Military Family Relief Fund

     RI National Guard Counterdrug Program

     Treasury

     Admin. Expenses — State Retirement System

     Retirement — Treasury Investment Options

     Defined Contribution — Administration - RR

     Violent Crimes Compensation — Refunds

     Treasury Research Fellowship

     Business Regulation

     Banking Division Reimbursement Account

     Office of the Health Insurance Commissioner Reimbursement Account

     Securities Division Reimbursement Account

     Commercial Licensing and Racing and Athletics Division Reimbursement Account

     Insurance Division Reimbursement Account

     Historic Preservation Tax Credit Account

     Marijuana Trust Fund

     Social Equity Assistance Fund

     Judiciary

     Arbitration Fund Restricted Receipt Account

     Third-Party Grants

     RI Judiciary Technology Surcharge Account

     Department of Elementary and Secondary Education

     Statewide Student Transportation Services Account

     School for the Deaf Fee-for-Service Account

     School for the Deaf — School Breakfast and Lunch Program

     Davies Career and Technical School Local Education Aid Account

     Davies — National School Breakfast & Lunch Program

     School Construction Services

     Office of the Postsecondary Commissioner

     Higher Education and Industry Center

     IGT STEM Scholarships

     Department of Labor and Training

     Job Development Fund

     Contractor Training Restricted Receipt Account

     Rhode Island Council on the Arts

     Governors’ Portrait Donation Fund

     Statewide records management system account

 

Pl. 117 (Article 2)

     Donations — New Veterans’ Home Construction

     Commodity Supplemental Food Program-Claims

[1]     Department of Health

 

     RICLAS Group Home Operations

     Group Home Facility Improvement Fund

     Commission on the Deaf and Hard of Hearing

 

     RGGI-Executive Climate Change Coordinating Council Projects

     Electric Vehicle Charging Stations Operating and Maintenance Account

     Executive Office of Commerce Department of Housing

     Housing Resources Commission and Homelessness Restricted Receipt Account

     Housing Production Fund

     Low-Income Housing Tax Credit Fund

     Department of Revenue

 

Pl. 423

  Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all

restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there

shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions

from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on

federal grant funds; or (3) Through transfers from state agencies to the department of administration

for the payment of debt service. These indirect cost recoveries shall be applied to all accounts,

unless prohibited by federal law or regulation, court order, or court settlement. The following

restricted receipt accounts shall not be subject to the provisions of this section:

     Executive Office of Health and Human Services

     Organ Transplant Fund

     HIV Care Grant Drug Rebates

     Health System Transformation Project

     Rhode Island Statewide Opioid Abatement Account

     HCBS Support-ARPA

     HCBS Admin Support-ARPA

     Department of Human Services

     Veterans’ home — Restricted account

     Veterans’ home — Resident benefits

     Pharmaceutical Rebates Account

     Demand Side Management Grants

     Veteran’s Cemetery Memorial Fund

     Donations — New Veterans’ Home Construction

     Department of Health

     Pandemic medications and equipment account

     Miscellaneous Donations/Grants from Non-Profits

     State Loan Repayment Match

     Healthcare Information Technology

     Healthcare services funding accounts for the psychiatry resource network (PRN)

     Department of Behavioral Healthcare, Developmental Disabilities and Hospitals

     Eleanor Slater non-Medicaid third-party payor account

     Hospital Medicare Part D Receipts

     RICLAS Group Home Operations

     Commission on the Deaf and Hard of Hearing

     Emergency and public communication access account

     Department of Environmental Management

     National heritage revolving fund

     Environmental response fund II

     Underground storage tanks registration fees

     De Coppet Estate Fund

     Rhode Island Historical Preservation and Heritage Commission

     Historic preservation revolving loan fund

     Historic Preservation loan fund — Interest revenue

     Department of Public Safety

     E-911 Uniform Emergency Telephone System

     Forfeited property — Retained

     Forfeitures — Federal

     Forfeited property — Gambling

     Donation — Polygraph and Law Enforcement Training

     Rhode Island State Firefighter’s League Training Account

     Fire Academy Training Fees Account

     Attorney General

     Forfeiture of property

     Federal forfeitures

     Attorney General multi-state account

     Forfeited property — Gambling

     Department of Administration

     OER Reconciliation Funding

     Health Insurance Market Integrity Fund

     RI Health Benefits Exchange

     Information Technology restricted receipt account

     Restore and replacement — Insurance coverage

     Convention Center Authority rental payments

     Investment Receipts — TANS

     OPEB System Restricted Receipt Account

     Car Rental Tax/Surcharge-Warwick Share

     Grants Management Administration

     RGGI-Executive Climate Change Coordinating Council Projects

     Executive Office of Commerce

     Housing Resources Commission Restricted Account

     Housing Production Fund

     Department of Revenue

     DMV Modernization Project

     Jobs Tax Credit Redemption Fund

     Legislature

     Audit of federal assisted programs

     Department of Children, Youth and Families

     Children’s Trust Accounts — SSI

     Military Staff

     RI Military Family Relief Fund

     RI National Guard Counterdrug Program

     Treasury

     Admin. Expenses — State Retirement System

     Retirement — Treasury Investment Options

     Defined Contribution — Administration - RR

     Violent Crimes Compensation — Refunds

     Treasury Research Fellowship

     Business Regulation

     Banking Division Reimbursement Account

     Office of the Health Insurance Commissioner Reimbursement Account

     Securities Division Reimbursement Account

     Commercial Licensing and Racing and Athletics Division Reimbursement Account

     Insurance Division Reimbursement Account

     Historic Preservation Tax Credit Account

     Marijuana Trust Fund

     Social Equity Assistance Fund

     Judiciary

     Arbitration Fund Restricted Receipt Account

     Third-Party Grants

     RI Judiciary Technology Surcharge Account

     Department of Elementary and Secondary Education

     Statewide Student Transportation Services Account

     School for the Deaf Fee-for-Service Account

     School for the Deaf — School Breakfast and Lunch Program

     Davies Career and Technical School Local Education Aid Account

     Davies — National School Breakfast & Lunch Program

     School Construction Services

     Office of the Postsecondary Commissioner

     Higher Education and Industry Center

     IGT STEM Scholarships

     Department of Labor and Training

     Job Development Fund

     Rhode Island Council on the Arts

     Governors’ Portrait Donation Fund

     Statewide records management system account

See P.L. 2024, ch. 423 relating to clerical error concerning enactment of P.L. 2024, ch. 423

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

685)

Section

Amended By Chapter Numbers:

 

35-6-1

158 and 159

 

 

35-6-1. Controller — Duties in general.

     (a) Within the department of administration there shall be a controller who shall be

appointed by the director of administration pursuant to chapter 4 of title 36. The controller shall be

responsible for accounting and expenditure control and shall be required to:

     (1) Administer a comprehensive accounting and recording system that will classify the

transactions of the state departments and agencies in accordance with the budget plan;

     (2) Maintain control accounts for all supplies, materials, and equipment for all departments

and agencies except as otherwise provided by law;

     (3) Prescribe a financial, accounting, and cost accounting system for state departments and

agencies;

     (4) Identify federal grant-funding opportunities to support the governor’s and general

assembly’s major policy initiatives and provide technical assistance with the application process

and post-award grants management;

     (5) Manage federal fiscal proposals and guidelines and serve as the state clearinghouse for

the application of federal grants;

     (6) Pre-audit all state receipts and expenditures;

     (7) Prepare financial statements required by the several departments and agencies, by the

governor, or by the general assembly;

     (8) Approve the orders drawn on the general treasurer; provided, that the pre-audit of all

expenditures under authority of the legislative department and the judicial department by the state

controller shall be purely ministerial, concerned only with the legality of the expenditure and

availability of the funds, and in no event shall the state controller interpose his or her judgment

regarding the wisdom or expediency of any item or items of expenditure;

     (9) Prepare and timely file, on behalf of the state, any and all reports required by the United

States, including, but not limited to, the Internal Revenue Service, or required by any department

or agency of the state, with respect to the state payroll; and

     (10) Prepare a preliminary closing statement for each fiscal year. The controller shall

forward the statement to the chairpersons of the house finance committee and the senate finance

committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by

September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment

of the appropriations act, whichever is later. The report shall include but is not limited to:

     (i) A report of all revenues received by the state in the completed fiscal year, together with

the estimates adopted for that year as contained in the final enacted budget, and together with all

deviations between estimated revenues and actual collections. The report shall also include cash

collections and accrual adjustments;

     (ii) A comparison of actual expenditures with each of the actual appropriations, including

supplemental appropriations and other adjustments provided for in the Rhode Island general laws;

     (iii) A statement of the opening and closing surplus in the general revenue account; and

     (iv) A statement of the opening surplus, activity, and closing surplus in the state budget

reserve and cash stabilization account and the state bond capital fund.

     (b) The controller shall provide supporting information on revenues, expenditures, capital

projects, and debt service upon request of the house finance committee chairperson, senate finance

committee chairperson, house fiscal advisor, or senate fiscal and policy advisor.

     (c) Upon issuance of the audited annual financial statement, the controller shall provide a

report of the differences between the preliminary financial report and the final report as contained

in the audited annual financial statement.

     (d) The controller shall create a special fund not part of the general fund and shall deposit

amounts equivalent to all deferred contributions under this act into that fund. Any amounts

remaining in the fund on June 15, 2010, shall be transferred to the general treasurer who shall

transfer such amounts into the retirement system as appropriate.

     (e) Upon issuance of the audited financial statement, the controller shall transfer fifty

percent (50%) of all general revenues received in the completed fiscal year net of transfer to the

state budget reserve and cash stabilization account as required by § 35-3-20 in excess of those

estimates adopted for that year as contained in the final enacted budget to the employees’ retirement

system of the state of Rhode Island as defined in § 36-8-2 and fifty percent (50%) to the

supplemental state budget reserve account as defined in § 35-3-20.2, except that excess revenues

from fiscal year 2023 shall not be transferred to the supplemental state budget reserve account.

     (f) The controller shall implement a direct deposit payroll system for state employees.

     (1) There shall be no service charge of any type paid by the state employee at any time

which shall decrease the net amount of the employee’s salary deposited to the financial institution

of the personal choice of the employee as a result of the use of direct deposit.

     (2) Employees hired after September 30, 2014, shall participate in the direct deposit

system. At the time the employee is hired, the employee shall identify a financial institution that

will serve as a personal depository agent for the employee.

     (3) No later than June 30, 2016, each employee hired before September 30, 2014, who is

not a participant in the direct deposit system, shall identify a financial institution that will serve as

a personal depository agent for the employee.

     (4) The controller shall promulgate rules and regulations as necessary for implementation

and administration of the direct deposit system, which shall include limited exceptions to required

participation.

 

686)

Section

Added By Chapter Numbers:

 

35-23

350 and 351

 

 

CHAPTER 23

RHODE ISLAND SECURE CHOICE RETIREMENT SAVINGS PROGRAM ACT

 

687)

Section

Added By Chapter Numbers:

 

35-23-1

350 and 351

 

 

35-23-1. Short title.

     This chapter shall be known and may be cited as the "Rhode Island Secure Choice

Retirement Savings Program Act."

 

688)

Section

Added By Chapter Numbers:

 

35-23-2

350 and 351

 

 

35-23-2. Definitions.

     As used in this chapter:

     (1) “Eligible employee” means a person age eighteen (18) years or older who is employed

by an eligible or optional employer and has been employed for a period of not less than one hundred

twenty (120) days. “Eligible employee” does not include:

     (i) Any employee covered under the federal Railway Labor Act (45 U.S.C. §§ 151-164 and

45 U.S.C §§ 181-188), or any employee engaged in interstate commerce not subject to the

legislative powers of the state, except insofar as application of this chapter is authorized under the

United States Constitution or laws of the United States; or

     (ii) Any employee on whose behalf an employer makes contributions to a Taft-Hartley

pension trust fund.

     (2) “Eligible employer” means a person or entity engaged in a business, industry,

profession, trade, or other enterprise in the state, whether for-profit or not-for-profit, excluding the

federal government, the state, any municipal corporation, or any of the state's units or

instrumentalities, that has five (5) or more employees and that satisfies the requirements to establish

or participate in a payroll deposit retirement savings arrangement. “Eligible employer” does not

include an employer that provides a tax-qualified retirement savings program as described in § 35-

23-10.

     (3) “IRA” means an individual retirement account or individual retirement annuity under

26 U.S.C §§ 408 or § 408A (the federal Internal Revenue Code).

     (4) “Optional employer” means a person or entity engaged in a business, industry,

profession, trade, or other enterprise in the state, whether for-profit or not-for-profit, excluding the

federal government, the state, any municipal corporation, or any of the state’s units or

instrumentalities, that has under five (5) employees.

     (5) “Participating employer” means an eligible or optional employer that provides a payroll

deposit retirement savings arrangement provided for by this chapter for eligible employees.

     (6) “Payroll deposit retirement savings arrangement” means an arrangement by which an

employer allows employees to remit payroll deduction contributions to the RISavers retirement

savings program.

     (7) “RISavers retirement savings program” or “program” means a retirement savings

program offered by the Rhode Island secure choice retirement savings program.

     (8) “State investment commission” or “commission” means the state investment

commission established pursuant to the provisions of § 35-10-1.

 

689)

Section

Added By Chapter Numbers:

 

35-23-3

350 and 351

 

 

35-23-3. Rhode Island secure choice retirement savings program.

     (a) There is hereby established a retirement savings program known as the Rhode Island

secure choice retirement savings program to be administered by the office of the general treasurer

for the purpose of promoting greater retirement savings for Rhode Island private sector employees

in a convenient, voluntary, low-cost, and portable manner.

     (b) The secure choice retirement savings program is a plan in which retirement savings are

accumulated in individual accounts for the exclusive benefit of the participants or their

beneficiaries. The program shall be functionally implemented upon receipt of funds pursuant to the

provisions of this chapter.

 

690)

Section

Added By Chapter Numbers:

 

35-23-4

350 and 351

 

 

35-23-4. Investments.

     (a) The office of the general treasurer may select an appropriate third-party administrator(s)

for the program and shall adopt such plan, trust, and/or custodial documents, with such features

and attributes as the office of the general treasurer determines necessary or advisable in its

discretion to effectuate the provisions of this chapter in accordance with the following:

     (1) The office of the general treasurer may select one or more firm(s) or company(ies) to

provide retirement program investments, program administration, and communication services to

employees who participate in the retirement savings program. The program shall provide for

appropriate long-term retirement-oriented investments and shall include investment options as

determined by the state investment commission. In determining the firm(s) or the company(ies) to

provide these services, the office of the general treasurer shall consider the following:

     (i) The financial stability of the company or firm;

     (ii) The cost of the investments, program administration, and services to the members;

     (iii) The experience of the company or firm in administering retirement savings plans;

     (iv) The experience of the company or firm in providing education, counseling, and advice

to participants of retirement savings plans; and

     (v) Any criminal convictions, securities or antitrust law violations, material civil or

regulatory fines or judgments against the company or firm which the company or firm shall be

required to disclose to the office of the general treasurer and the commission as part of the selection

process.

     (2) The program shall provide education, counseling, and objective employee-specific plan

advice to participants.

     (3) The program shall include a limited number of investment options which that shall

include

either:

     (i) Investment portfolio options that are constructed to reflect different risk profiles such

as conservative, moderate, and aggressive; and/or

     (ii) Options constructed to reflect different risk profiles that automatically reallocate and

rebalance contributions as an employee ages. There shall be investment options that prioritize the

securities of companies that demonstrate good governance,; efficient use of environmental

resources; and thoughtful management of social impact. All investment offerings shall be approved

by the state investment commission.

     (b) The Rhode Island secure choice retirement savings program is an instrumentality of the

state. Any security issued, managed, or invested by the state investment commission within the

Rhode Island secure choice retirement savings program on behalf of an individual participating

within the RISavers retirement savings program shall be state income tax deferred for investment

earnings to include interest, dividends, and capital gains until such time as withdrawal pursuant to

the terms of this chapter.

     (c) The third-party administrator(s) shall adopt a written statement of investment policy

that includes a risk management and oversight program. The state investment commission shall

consider the statement of investment policy and any changes in the investment policy at a public

meeting.

 

691)

Section

Added By Chapter Numbers:

 

35-23-5

350 and 351

 

 

35-23-5. Payroll deduction.

     The RISavers retirement savings program shall include, as determined by the office of the

general treasurer, one or more payroll deduction IRA arrangements.

 

692)

Section

Added By Chapter Numbers:

 

35-23-6

350 and 351

 

 

35-23-6. Powers of the office of the general treasurer.

     (a) The office of the general treasurer shall have the power and authority to do all of the

following:

     (1) Adopt a seal and change and amend it from time to time;

     (2) Make provisions for the payment of costs of administration and operation of the

program;

     (3) Retain and contract with a Rhode Island public retirement system, consultants,

actuaries, counsel, auditors, and other professionals as necessary;

     (4) Procure insurance against any loss in connection with the property, assets, or activities

of the program;

     (5) Set minimum and maximum contribution levels in accordance with contribution limits

set for IRAs by the Internal Revenue Code;

     (6) Collaborate and cooperate with private financial institutions, service providers, and

business, financial, trade, membership, and other organizations to the extent necessary or desirable

for the effective and efficient design, implementation, and administration of the program and to

maximize outreach to eligible or optional employers and eligible employees;

     (7) Collaborate with, and evaluate the role of, licensed insurance agents and financial

advisors in assisting and providing guidance for eligible employees;

     (8) Cause expenses incurred to initiate, implement, maintain, and administer the program

to be paid from contributions to, or investment returns or assets of, the program or arrangements

established under the program, to the extent permitted under state and federal law;

     (9) Facilitate compliance by the retirement savings program or arrangements established

under the program with all applicable requirements for the program under the Internal Revenue

Code of 1986, including tax qualification requirements or any other applicable law and accounting

requirements, including providing or arranging for assistance to program sponsors and individuals

in complying with applicable law and tax qualification requirements in a cost-effective manner;

     (10) Carry out the duties and obligations of the Rhode Island secure choice retirement

savings program pursuant to this title and exercise any and all other powers as appropriate for the

effectuation of the purposes, objectives, and provisions of this title pertaining to the program;

     (11) Enter into intergovernmental agreements with any state agency to further the

successful implementation and operation of the program and all such agencies and instrumentalities

shall cooperate with the office of the general treasurer. All state agencies shall cooperate as

requested by the program in the performance of its duties under this chapter, including, unless

otherwise prohibited, the sharing of relevant data as the parties shall mutually agree;

     (1312) Make and enter into contracts, agreements, memoranda of understanding,

arrangements, partnerships, or other arrangements to collaborate, cooperate, coordinate, contract,

or combine resources, investments, or administrative functions with other governmental entities,

including any states or their agencies or instrumentalities that maintain or are establishing

retirement savings programs compatible with the program, including collective, common, or pooled

investments with other funds of other states’ programs with which the assets of the program and

trust are permitted by law to be collectively invested, to the extent necessary or desirable for the

effective and efficient design, administration, and implementation of the program consistent with

the purposes set forth in this title, including the purpose of achieving economies of scale and other

efficiencies designed to minimize costs for the program and its participants; and

     (1413) Develop and implement an investment policy that defines the program’s investment

objectives, consistent with the objectives of the program, and that provides for policies and

procedures consistent with those investment objectives. The office of the general treasurer shall

designate appropriate default investments that include a mix of asset classes, such as target date

and balanced funds. The office of the general treasurer shall seek to minimize participant fees and

expenses of investment and administration. The office of the general treasurer shall strive to design

and implement investment options available to holders of accounts established as part of the

program and other program features that are intended to achieve maximum possible income

replacement balanced with an appropriate level of risk in an IRA-based environment consistent

with the investment objectives under the policy. The investment options may encompass a range

of risk and return opportunities and allow for a rate of return commensurate with an appropriate

level of risk in view of the investment objectives under the policy. The menu of investment options

shall be determined taking into account the nature and objectives of the program, the desirability

(based on behavioral research findings) of limiting investment choices under the program to a

reasonable number, and the extensive investment choices available to participants in the event that

they roll over to an IRA outside the program.

     (b) The office of the general treasurer shall adopt regulations it deems necessary to

implement this chapter consistent with the Internal Revenue Code and regulations issued pursuant

to that code to ensure that the program meets all criteria for federal tax-deferral or tax-exempt

benefits, or both.

 

 

 

 

 

693)

Section

Added By Chapter Numbers:

 

35-23-7

350 and 351

 

 

35-23-7. Additional authority of the office of the general treasurer.

     In addition to the powers and authority granted to the office of the general treasurer

pursuant to § 35-23-6, the office of the general treasurer shall have the power and authority to do

the following:

     (1) Cause the retirement savings program or arrangements established under the program

to be designed, established, and operated, in a manner consistent with all of the following:

     (i) In accordance with best practices for retirement savings vehicles;

     (ii) To encourage participation, saving, and sound investment practices; and

     (iii) With simplicity, ease of administration for participating employers, and portability of

benefits;

     (2) Disseminate educational information designed to educate participants about the benefits

of planning and saving for retirement and information to help them decide the level of RISavers

retirement savings program participation and savings strategies that may be appropriate for them;

     (3) Disseminate information concerning state and federal tax credits available to small

business owners for allowing their employees to participate in the program, and any relevant state

or federal tax credits available for participating employees;

     (4) Submit progress and status reports to participating employees;

     (5) If necessary, determine the eligibility of an employer, employee, or other individual to

participate in the program;

     (6) Evaluate and establish the process by which an eligible employee of an eligible or

optional employer is able to contribute a portion of their salary or wages to the program for

automatic deposit of those contributions and the participating employer provides a payroll deposit

retirement savings arrangement to forward the employee contribution and related information to

the program or its agents. This evaluation and process may include, but is not limited to, financial

services companies and third-party administrators with the capability to receive and process

employee information and contributions for payroll deposit retirement savings arrangements or

other arrangements authorized by this chapter;

     (7) Design and establish the process for the enrollment of program participants;

     (8) Allow participating employers to use the program to remit employees' contributions to

their IRAs on their employees’ behalf; and

     (9) Evaluate and establish the process by which an employee of an optional employer may

enroll in and make contributions to the program.

 

694)

Section

Added By Chapter Numbers:

 

35-23-8

350 and 351

 

 

35-23-8. Disclosure of information.

     (a) Prior to opening the RISavers retirement savings program for enrollment, the office of

the general treasurer shall design and disseminate to employers an employee information packet

that shall also be made available in an electronic format. The packet shall include background

information on the program and appropriate disclosures for employees.

     (b) The disclosure form shall include, but not be limited to, all of the following:

     (1) The benefits and risks associated with making contributions to the program;

     (2) The mechanics of how to make contributions to the program;

     (3) How to opt out of the program;

     (4) The process for withdrawal of retirement savings; and

     (5) How to obtain additional information on the program.

     (c) In addition, the disclosure form shall clearly articulate the following:

     (1) Employees seeking financial advice should contact financial advisors in that employers

do not provide financial advice, that employees are not to contact their employers for financial

advice, and that employers are not liable for employee investment decisions;

     (2) This retirement program is not sponsored by the employer, and therefore, the employer

is not responsible for the program or liable as a program sponsor; and

     (3) The program fund is not guaranteed by the state.

     (d) The disclosure form shall include a method for the employee to acknowledge that the

employee has read all of the disclosures and understands their content.

     (e) The employee information packet shall also include an opt-out form for an eligible

employee to note their decision to opt out of participation in the program. The opt-out form shall

be simple and concise and drafted in a manner that the office of the general treasurer deems

necessary to appropriately evidence the employee's understanding that they are choosing not to

automatically deduct earnings to save for retirement.

     (f) The employee information packet with the disclosure and opt-out forms shall be made

available to eligible employees by the RISavers retirement savings program and supplied to

employees no later than one hundred twenty (120) days after hiring. All new employees shall

review the packet and acknowledge having received it.

     (g) The employee information packet with the disclosure and opt-out forms shall be

supplied to existing employees when the program is initially launched for a participating employer.

 

695)

Section

Added By Chapter Numbers:

 

35-23-9

350 and 351

 

 

35-23-9. Employer participation.

     (a) After the office of the general treasurer opens the RISavers retirement savings program

for enrollment, eligible employers shall have a payroll deposit retirement savings arrangement to

allow employee participation in the program under the terms and conditions prescribed by the office

of the general treasurer.

     (b) Within twelve (12) months after the office of the general treasurer opens the program

for enrollment, eligible employers with more than one hundred (100) eligible employees and that

do not offer a retirement savings program pursuant to subsection (g) of this section shall have a

payroll deposit retirement savings arrangement to allow employee participation in the program.

     (c) Within twenty-four (24) months after the office of the general treasurer opens the

program for enrollment, eligible employers with more than fifty (50) eligible employees and that

do not offer a retirement savings program pursuant to subsection (g) of this section shall have a

payroll deposit retirement savings arrangement to allow employee participation in the program.

     (d) Within thirty-six (36) months after the office of the general treasurer opens the

program for enrollment, all other eligible employers that do not offer a retirement savings program

pursuant to subsection (g) of this section shall have a payroll deposit retirement savings

arrangement to allow employee participation in the program.

     (e) The office of the general treasurer, in its discretion, may extend the time limits defined

in subsections (b) through (d) of this section.

     (f)(1) Each eligible employee shall be enrolled in the program unless the employee elects

not to participate in the program. An eligible employee may elect to opt out of the program at any

time by making a notation on the opt-out form.

     (2) Following initial implementation of the program pursuant to this section, at least once

every year, the office of the general treasurer shall designate an open enrollment period during

which eligible employees that previously opted-out of the program may enroll in the program.

     (3) An employee who elects to opt out of the program who subsequently elects to

participate through the employer's payroll deposit retirement savings arrangement may enroll at

any time.

     (g)(1) An employer that provides an employer-sponsored retirement plan, such as a defined

benefit plan or a 401(k), 403(b), 457(b), simplified employee pension (SEP) plan, or savings

incentive match plan for employees (SIMPLE) plan, or that offers an automatic enrollment payroll

deduction IRA, shall be exempt from the requirements of the RISavers retirement savings program,

if the plan or IRA qualifies for favorable federal income tax treatment under the federal Internal

Revenue Code.

     (2) An employer shall retain the option at all times to set up and offer a tax-qualified

retirement plan, instead of facilitating employee participation in the RISavers retirement savings

program.

     (h)(1) Following initial implementation of the program pursuant to this section, and at least

once every year, the general treasurer shall designate an open enrollment period during which

optional employers may enroll in the program.

     (2) An optional employer that enrolls in the program may elect to opt out of the program

upon thirty (30) days’ notice provided to employees and to the office of the general treasurer.

     (i) By regulation, the office of the general treasurer may set a default contribution rate,

unless otherwise specified by the employee. Employees shall have the ability to change their

contribution rate at any time with thirty (30) days’ notice provided to the office of the general

treasurer.

 

696)

Section

Added By Chapter Numbers:

 

35-23-10

350 and 351

 

 

35-23-10. Employer liability protection.

     (a) Employers shall not have any liability for an employee's decision to participate in, or

opt out of, the RISavers retirement savings program, or for the investment decisions of employees

whose assets are deposited in the program.

     (b) Employers shall not be a fiduciary, or considered to be a fiduciary, over the Rhode

Island secure choice retirement savings program. The program is a state-administered program, not

an employer-sponsored program. If the program is subsequently found to be preempted by any

federal law or regulation, employers shall not be liable as program sponsors. An employer shall not

bear responsibility for the administration, investment, or investment performance of the program.

An employer shall not be liable with regard to investment returns, program design, and benefits

paid to program participants.

     (c) An employer shall not have civil liability, and no cause of action shall arise against an

employer, for acting pursuant to the regulations prescribed by the office of the general treasurer

defining the roles and responsibilities of employers that have a payroll deposit retirement savings

arrangement to allow employee participation in the program.

 

697)

Section

Added By Chapter Numbers:

 

35-23-11

350 and 351

 

 

35-23-11. State immunity.

     The state shall not have any liability for the payment of the retirement savings benefit

earned by program participants pursuant to this chapter. The state, and any of the funds of the state,

shall have no obligation for payment of the benefits arising from this chapter.

 

698)

Section

Added By Chapter Numbers:

 

35-23-12

350 and 351

 

 

35-23-12. Annual audited financial report.

     (a) The office of the general treasurer shall submit, no later than December 31 annually, an

audited financial report, prepared in accordance with generally accepted accounting principles, on

the operations of the Rhode Island secure choice retirement savings program to the governor, and

the finance committees of the house and senate. The annual audit shall be made by an independent

certified public accountant and shall include, but not be limited to, direct and indirect costs

attributable to the use of outside consultants, independent contractors, and any other persons who

are not state employees.

     (b) The annual audit shall be supplemented by the following information prepared by the

office of the general treasurer:

     (1) Any studies or evaluations prepared in the preceding year;

     (2) A summary of the benefits provided by the program including the number of

participants in the program; and

     (3) Any other information that is relevant in order to make a full, fair, and effective

disclosure of the operations of the Rhode Island secure choice retirement savings program.

 

699)

Section

Added By Chapter Numbers:

 

35-23-13

350 and 351

 

 

35-23-13. Required favorable federal tax treatment.

     (a) The office of the general treasurer shall not implement the program if the IRA

arrangements offered fail to qualify for the favorable federal income tax treatment ordinarily

accorded to IRAs under the Internal Revenue Code, or if it is determined that the program is an

employee benefit plan under the federal Employee Retirement Income Security Act.

     (b) Prior to opening the program for enrollment, the office of the general treasurer shall

report to the governor and the finance committees of the house and senate the specific date on

which the program will start to enroll program participants and that the following prerequisites and

requirements for the program have been met:

     (1) The program is structured in a manner to keep the program from being classified as an

employee benefit plan subject to the federal Employee Retirement Income Security Act;

     (2) The payroll deduction IRA arrangements offered by the program qualify for the

favorable federal income tax treatment ordinarily accorded to IRA arrangements under the Internal

Revenue Code;

     (3) The office of the general treasurer has defined in regulation the roles and responsibilities

of employers in a manner to keep the program from being classified as an employee benefit plan

subject to the federal Employee Retirement Income Security Act; and

     (4) The office of the general treasurer has adopted a third-party administrator operational

model that limits employer interaction and transactions with the employee to the extent feasible.

 

700)

Section

Added By Chapter Numbers:

 

35-23-14

350 and 351

 

 

35-23-14. Duties of the office of the general treasurer.

     The office of the general treasurer, commission, and the program administrator and staff,

including, contract administrators and consultants, shall discharge their duties as fiduciaries with

respect to the program for the exclusive purposes of providing benefits to program participants and

defraying reasonable expenses of administering the program.

 

701)

Section

Added By Chapter Numbers:

 

35-23-15

350 and 351

 

 

35-23-15. Penalties.

     (a) The office of the general treasurer shall have the power and duties necessary to

administer the enforcement of employer compliance with this chapter, including the ability to

impose penalties.

     (b)(1) The office of the general treasurer shall issue a notice of noncompliance to each

employer that fails to allow its eligible employees to participate in the Rhode Island secure choice

savings retirement program pursuant to this title.

     (2) Each eligible employer that, without good cause, fails to allow its eligible employees

to participate in the program within thirty (30) days from the date the notice of penalty was issued,

shall be subject to a penalty of two hundred fifty dollars ($250) per eligible employee. Proceeds of

such penalties, after deducting enforcement expenses, shall be deposited for the benefit of the

program.

     (c) The department of labor and training shall assist the office of the general treasurer in

its enforcement of this chapter.

 

702)

Section

Added By Chapter Numbers:

 

35-23-16

350 and 351

 

 

35-23-16. Rules and regulations.

     The office of the general treasurer may adopt rules and regulations to implement this

chapter.

 

703)

Section

Added By Chapter Numbers:

 

35-23-17

350 and 351

 

 

35-23-17. Effect on benefit means test.

     A payroll deposit IRA arrangement offered pursuant to the RISavers retirement savings

program shall have the same status as, and be treated consistently with, any other IRA for the

purpose of determining eligibility or benefit level for a program that uses a means test.

 

704)

Section

Added By Chapter Numbers:

 

35-23-18

350 and 351

 

 

35-23-18. Liberal Construction.

     This chapter shall be construed liberally in order to effectuate its purpose. The purposes of

this chapter and all of its provisions with respect to the powers granted shall be broadly interpreted

to effectuate that intent and purposes and not as to any limitation of powers.

 

705)

Section

Amended By Chapter Numbers:

 

36-4-20

392 and 393

 

 

36-4-20. Duration of employment lists.

     Each employment list shall remain in force until exhausted, until replaced, or combined

with a more recently prepared list or until two (2) years from the date of its preparation, except that

the personnel administrator may extend the duration of any list for a period not to exceed two (2)

years.

 

706)

Section

Amended By Chapter Numbers:

 

36-4-26

392 and 393

 

 

36-4-26. Certification and appointment to positions in classified service.

     If the appointing authority has designated the employment list, the personnel administrator

shall immediately certify all of the names of the six (6) persons standing highest thereon who are

available for appointment, if there are as many as six (6) names thereon, or all the names on the list

if there are less than six (6). If any of the eligibles notifies the personnel administrator or appointing

authority that he or she is unavailable for appointment, or if the personnel administrator or the

appointing authority is unable to contact them within five (5) business days, their name shall be

removed from the list another name shall be certified to the appointing authority. The appointing

authority shall appoint one of the persons in ranked standing order so certified to the position from

the appropriate list, or in accordance with the special certification provided for in § 36-4-26.1of

this chapter. Nothing in this section precludes the personnel administrator or appointing authority

from contacting multiple eligibles at the same time when there are multiple vacancies to fill. If he

or she has designated the promotional list, certification shall be made in the manner prescribed for

the employment list. If he or she has designated the reemployment list, the names of all available

eligibles on the list shall be certified to him or her for appointment. He or she may choose from

any of the names so certified. If there are as many as three (3) available eligibles certified from an

employment list, a promotion list, or a reemployment list, the appointing authority shall make an

appointment from one of these lists. If there are less than three (3) available eligibles certified from

any of these lists, the appointing authority may choose to appoint one of the persons so certified. If

the appointing authority decides not to make an appointment from any of the names so certified

when there are less than three (3) available eligibles, the personnel administrator shall certify the

names of three (3) available eligibles from any list which he or she shall declare to be appropriate

and the appointing authority shall appoint one of the persons so certified. If there are less than three

(3) available eligibles certified from an appropriate list, the appointing authority may elect to

appoint one of the names so certified or may make a temporary appointment of some other person

as hereinafter provided. Whenever the personnel administrator is requested to certify names to fill

more than one vacancy in a given class, he or she shall certify to each of the appointing authorities

concerned one additional name for each additional vacancy.

 

707)

Section

Amended By Chapter Numbers:

 

36-10-36

117 (Article 12), 374 and 375

 

 

36-10-36. Post-retirement employment.

     (a) On and after July 7, 1994, no member who has retired under the provisions of 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 shethe member may be entitled by virtue of the provisions of

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 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) twenty-five thousand dollars ($25,000) 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 shethe member 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;

     (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 shethey are 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 hertheir retirement pension, the difference in pay and fringe benefits

between his or hertheir 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

     (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 shethe

member 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.

 

708)

Section

Amended By Chapter Numbers:

 

37-2-13.1

117 (Article 3), 230 and 231

 

 

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 except for in the

situations outlined in subsection (f) of this section.

     (c) 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’s or entity’s work, financials or operations performed

for or on behalf of the state, or any official, officer, or agency.

     (c)(d) 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)(e) 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)(d) of this section.

     (f) Requests for information formally issued by the division of purchases and emergency

procurements as defined in § 37-2-21 shall be exempt from subsection (b) of this section. Feasibility

studies and preliminary evaluations shall also be exempt from subsection (b) of this section if the

purchasing agent certifies in writing to the director of administration that a request for feasibility

studies or preliminary evaluations resulted in no responsive bids. However, the division of

purchases shall publicly disclose any final prior feasibility studies and/or evaluation reports

completed in a subsequent procurement regarding a project.

 

Pl. 230 and Pl. 231

   (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 a conflict of interest as defined in chapter 14 of title

36 with any official, officer, or agency in charge of the request or if they materially 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 except for the situations outlined in

subsection (f) of this section.

     (c) 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’s or entity’s work, financials or operations performed

for or on behalf of the state, or any official, officer, or agency.

     (c)(d) 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)(e) 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)(d) of this section.

     (f) Requests for information formally issued by the division of purchases and emergency

procurements as defined in § 37-2-21 shall be exempt from subsection (b) of this section. Feasibility

studies and preliminary evaluations shall also be exempt from subsection (b) of this section if the

purchasing agent certifies in writing to the director of administration that a request for feasibility

studies or preliminary evaluations resulted in no responsive bids. However, the division of

purchases shall publicly disclose any final prior feasibility studies and/or evaluation reports

completed in a subsequent procurement regarding a project.

     (g) All potential suppliers shall be given a fair opportunity to present their capabilities and

products. Reasonable effort shall be made to provide fair bidding opportunities to all qualified and

interested suppliers.

 

709)

Section

Amended By Chapter Numbers:

 

37-2-82

249 and 250

 

 

37-2-82. Utilization of North American Contractor Certification companies.

     (a) All public works renovation projects that exceed an aggregate amount of one million

dollars ($1,000,000), and all new construction projects that exceed an aggregate amount of five

million dollars ($5,000,000), that include glazing work, shall have glazing work performed by

North American Contractor Certification (“NACC”) certified companies and initially, on and after

July 1, 2024, shall have one architectural glass and metal technician (“AGMT”) certified worker

employed by the company or contractor. On and after January 1, 2025, each crew performing work

that meets the criteria of this section shall have one AGMT certified worker on site. On and after

January 1, 2026, for each crew performing work that meets the criteria of this section, twenty-five

percent (25%) of that crew shall be comprised of AGMT certified individuals on site. On and after

January 1, 2027, for each crew performing work that meets the criteria of the section, fifty percent

(50%) of that crew shall be comprised of AGMT certified individuals on site.

     (b) As used herein, the term “glazing work” includes, but is not limited to, replacement and

installation of windows, curtain walls, interior glass partitions, glass handrails, aluminum

entrances, skylights, store fronts, and general installation of architectural glass and metal.

     (c)(1) The department of labor and training shall enforce the provisions of this chapter. If

the director, or designee, determines that a violation of these provisions has occurred, the director,

or designee, shall order a hearing at a time and place to be specified, and shall give notice, 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, business,

corporation, or entity of any kind affected thereby.

     (2) The person, business, corporation, or entity shall have an opportunity to be heard in

respect to the matters complained of at the time and place specified in the notice.

     (3) The hearing shall be conducted by the director, or designee. The hearing officer in the

hearing shall be deemed to have jurisdiction and dispositive authority to hear and adjudicate the

matter, and 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 civil practice law and the

rules of civil procedure. The hearing shall be expeditiously conducted and upon such hearing the

hearing officer shall determine the issues raised and shall make a determination and enter an order

within thirty (30) days of the close of the hearing, and forthwith serve a copy of the order, with a

notice of the filing, upon the parties to the proceeding, personally or by mail.

     (4) The order shall dismiss the complaint or determine that a violation of the provisions of

this chapter occurred. The order shall represent a final action by the department of labor and

training.

     (d) Any contractor or subcontractor determined to have violated the provisions of this

chapter shall be subject to a civil penalty of not less than one thousand five hundred dollars ($1,500)

and not greater than three thousand dollars ($3,000), and shall be subject to the revocation of any

relevant professional or occupational license, if the violation is deemed to have been intentional or

egregious.

     (e) This section is applicable to all public works projects that fit the other criteria as

provided in this section.

 

710)

Section

Amended By Chapter Numbers:

 

37-8-8

21 and 22

 

 

37-8-8. Battle flags and markers.

     (a) The priceless battle flags and markers now belonging to the state of Rhode Island, and

any that may hereafter be presented to this state, shall be maintained by the department of

administration in embellished appropriate cases suitable for their display or presentation in the halls

or foyers of the State House, and the cases shall be practically hermetically sealed for the purpose

of protecting and preserving the battle flags and markers for future generations as the most eloquent

testimonials of the patriotism and valor of our fathers. The battle flags and markers shall not be

removed from the cases for any purpose other than for their necessary repair or preservation their

State House display encasements for the purpose of conservation and preservation until appropriate

storage and display cases have been created and a permanent storage facility within the State of

Rhode Island has been designated. The department of administration shall have full care, custody,

and control of all the battle flags and markers, and the department is hereby authorized and directed

to carry out and enforce the provisions and purposes of this section.

     (b) Notwithstanding any other provision of law, the department of administration is

authorized to remove, conserve, and indefinitely store any battle flag or marker it deems to be in

such a state of deterioration that its removal from the State House encasements is necessary for its

continued existence.

     (c) The department of administration is directed to study the condition of the State House

historic battle flags and markers, the encasements in which they are housed and their method of

display to ensure their continued survival while permitting, to the extent possible, continued public

display of these historic artifacts. In conducting such study, the department shall seek input and

guidance from persons with expertise in historic preservation, textile conservation, veterans’ affairs

and military history, as well as from members of the public. The department shall prepare a

comprehensive set of recommendations for the conservation and display of these battle flags and

markers. The department shall present its findings and recommendations to the governor, the

speaker of the house, and the president of the senate not later than January 1, 2017.

     (d) The department is authorized to apply for and accept public or private funds to carry

out this study and for the continued preservation and display of these battle flags and markers.

authorized to apply for and accept public or private funds for the continued preservation and display

of the battle flags and markers. The department of administration is also authorized to enter into an

agreement with a state or federally approved agency or museum for the temporary loan and display

of a battle flag(s) or marker(s), when insured with a bond against damage or loss, when such loan

will enhance the existing conditions of the flag(s) or marker(s) not currently provided through

preservation contracts, or when such loan will promote the further education and public awareness

of the valor of Rhode Island's veterans.

 

711)

Section

Amended By Chapter Numbers:

 

37-12-1

228 and 229

 

 

37-12-1. Contractors required to give bond — Terms and conditions.

     Every person (which word for the purposes of this chapter shall include a copartnership, a

number of persons engaged in a joint enterprise, or a corporation), before being awarded a contract

by the department of transportation or by the department of administration, as the case may be, and

every person awarded such a contract as a general contractor or construction or project manager or

prime contractor for the construction, improvement, completion, or repair of any public road or

portion thereof or of any bridge in which the contract price shall be in excess of one hundred and

fifty thousand dollars ($150,000), or for a contract for the construction, improvement, completion,

or repair of any public building, or portion thereof, shall be required to furnish to the respective

department a bond of that person to the state, with good and sufficient surety or sureties (hereafter

in this chapter referred to as surety), acceptable to the respective department, in a sum not less than

fifty percent (50%) and not more than one hundred percent (100%) of the contract price,

conditioned that the contractor, principal in the bond, the person’s executors, administrators, or

successors, shall in all things, well and truly keep and perform the covenants, conditions, and

agreements in the contract, and in any alterations thereof made as therein provided, on the person’s

part to be kept and performed, at the time and in the manner therein specified, and in all respects

according to their true intent and meaning, and shall indemnify and save harmless the state, the

respective department, and all of its officers, agents, and employees, as therein stipulated, and shall

also promptly pay for all such labor performed or furnished, together with penalties assessed

pursuant to § 37-13-14.1(b), and for all such materials and equipment furnished (which, as to

equipment, shall mean payment of the reasonable rental value, as determined by the respective

department, of its use during the period of its use), as shall be used in the carrying on of the work

covered by the contract, or shall see that they are promptly paid for, whether or not the labor is

directly performed for or furnished to the contractor or is even directly performed upon the work

covered by the contract, and whether or not the materials are furnished to the contractor or become

component parts of the work, and whether or not the equipment is furnished to the contractor or

even directly used upon the work. The bond shall contain the provisions that it is subject to all such

rights and powers of the respective department and such other provisions as are set forth in the

contract and the plans, specifications, and proposal incorporated by reference in the contract, and

that no extension of the time of performance of the contract or delay in the completion of the work

thereunder or any alterations thereof, made as therein provided, shall invalidate the bond or release

the liability of the surety thereunder. Waiver of the bonding requirements of this section is expressly

prohibited. However, upon application and for good cause, the chief purchasing officer of the state

may waive the bonding requirement for a State state of Rhode Island office of diversity, equity,

and opportunity certified minority business enterprise (MBE) or women-owned business enterprise

(WBE) prime contractor or subcontractor on a public works project for up to two hundred fifty

thousand dollars ($250,000).

 

712)

Section

Amended By Chapter Numbers:

 

37-12-10

228 and 229

 

 

37-12-10. Retainers relating to contracts for public works, sewer, or water main

construction.

     (a) Upon substantial completion of the work required by a contract aggregating in amount

less than five hundred thousand dollars ($500,000) for the construction, reconstruction, alteration,

remodeling, repair, or improvement of sewers and water mains, or any public works project defined

in § 37-13-1, the awarding authority may deduct from its payment a retention to secure satisfactory

performance of the contractual work not exceeding five percent (5%) of the contract price.

     (b) There shall also be deducted and retained from the contract price an additional sum

sufficient to pay the estimated cost of municipal police traffic control on any public works project.

Municipalities shall directly pay the officers working traffic details and shall bill and be reimbursed

by the withholding authority for which the contract is being performed every thirty (30) days until

the project is complete.

     (c) Notwithstanding the foregoing, with respect to projects located within the town of

Warren, the withholding authority shall hold an amount from the contract price that shall be

reasonably sufficient to pay the estimated cost of municipal police traffic control. The withholding

authority shall pay to the town of Warren within seventy-two (72) hours of written demand the

actual costs of police traffic control associated with said project on an ongoing basis.

     (d) The director of the department of administration shall establish, by rule and regulation

adopted in accordance with chapter 35 of title 42 ("administrative procedures"), methods for the

interim release of retainage of State state of Rhode Island office of minority business enterprises

(MBEs).

 

713)

Section

Amended By Chapter Numbers:

 

37-13-7

59 and 60

 

 

37-13-7. Specification in contract of amount and frequency of payment of wages.

     (a) Every call for bids for every contract in excess of one thousand dollars ($1,000), to

which the state of Rhode Island or any political subdivision thereof or any public agency or quasi-

public agency is a party, for the transportation of public and private school pupils pursuant to §§

16-21-1 and 16-21.1-8, or for construction, alteration, and/or repair, including painting and

decorating, of public buildings or public works of the state of Rhode Island or any political

subdivision thereof, or any public agency or quasi-public agency and that requires or involves the

employment of employees, shall contain a provision stating the minimum wages to be paid various

types of employees which shall be based upon the wages that will be determined by the director of

labor and training to be prevailing for the corresponding types of employees employed on projects

of a character similar to the contract work in the city, town, village, or other appropriate political

subdivision of the state of Rhode Island in which the work is to be performed. Every contract shall

contain a stipulation that the contractor or his or her subcontractor shall pay all the employees

employed directly upon the site of the work, unconditionally and not less often than once a week,

and without subsequent deduction or rebate on any account, the full amounts accrued at time of

payment computed at wage rates not less than those stated in the call for bids, regardless of any

contractual relationships that may be alleged to exist between the contractor or subcontractor and

the employees, and that the scale of wages to be paid shall be posted by the contractor in a

prominent and easily accessible place at the site of the work; and the further stipulation that there

may be withheld from the contractor so much of the accrued payments as may be considered

necessary to pay to the employees employed by the contractor, or any subcontractor on the work,

the difference between the rates of wages required by the contract to be paid the employees on the

work and the rates of wages received by the employees and not refunded to the contractor,

subcontractors, or their agents.

     (b) The terms “wages,” “scale of wages,” “wage rates,” “minimum wages,” and “prevailing

wages” shall include:

     (1) The basic hourly rate of pay; and

     (2) The amount of:

     (i) The rate of contribution made by a contractor or subcontractor to a trustee or to a third

person pursuant to a fund, plan, or program; and

     (ii) The rate of costs to the contractor, subcontractor, vendor, or provider that may be

reasonably anticipated in providing benefits to employees pursuant to an enforceable commitment

to carry out a financially responsible plan or program that was communicated in writing to the

employees affected, for medical or hospital care, pensions on retirement or death, compensation

for injuries or illness resulting from occupational activity, or insurance to provide any of the

foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident

insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar

programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is

not required by other federal, state, or local law to provide any of the benefits; provided, that the

obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage

determinations of the director of labor and training insofar as this chapter of this title and other acts

incorporating this chapter of this title by reference are concerned may be discharged by the making

of payments in cash, by the making of contributions of a type referred to in subsection (b)(2), or by

the assumption of an enforceable commitment to bear the costs of a plan or program of a type

referred to in this subdivision, or any combination thereof, where the aggregate of any payments,

contributions, and costs is not less than the rate of pay described in subsection (b)(1) plus the

amount referred to in subsection (b)(2).

     (A) Notwithstanding any other law, rule, regulation, agreement, or practice to the contrary,

commencing on July 1, 2024, a contractor or subcontractor is not permitted to make a payment of

the cash equivalent of any applicable healthcare benefit, as predetermined per each classification

by the director of labor and training, directly to the employee in lieu of actually purchasing the

healthcare benefit for said employee for the applicable time period. The contractor or subcontractor

shall actually purchase the healthcare benefit for the employee for the covered period of time from

a licensed third-party healthcare provider. Provided, however, exempt from the provisions of this

subsection (b)(2)(ii)(A) shall be:

     (I) Any employee currently receiving a healthcare benefit because of their relationship as

a child, spouse, or domestic partner of a covered person or any employee that who is the recipient

of healthcare coverage in connection with active military service or through Veterans Affairs; and

     (II) Any employee who is employed on a "short-term basis," which, for purposes of this

section, shall mean a period of ninety (90) days or less.

     (B) The contractor or subcontractor shall provide a proof of purchase of the healthcare

benefit to the employee and the employee's bargaining agent, if applicable. "Proof of purchase"

means documents substantially similar to declaration pages in an insurance policy indicating the

entity providing the healthcare benefit coverage or insurance therefore therefor,; the identity of

the individual covered,; the type and amount of coverage,; and the coverage period.

     (C) Any contractor or subcontractor who or that fails to comply with the requirements of

this section shall be required to pay a civil penalty to the director of labor and training in an amount

of not less than one thousand dollars ($1,000) and not greater than three thousand dollars ($3,000)

per violation. Penalties shall be recoverable in a civil action pursuant to this section by the director

of labor and training.

     (D) The director of labor and training is authorized to obtain injunctive relief against

continuing violations of the provisions of this section.

     (E) Any employee or bargaining agent who has been aggrieved by the failure of a

contractor or subcontractor to actually purchase the healthcare benefit for employees and provide

the employee and/or their bargaining agent with proof of purchase under this section may pursue a

private right of action under the terms of § 37-13-17.

     (c) The term “employees,” as used in this section, shall include:

     (1) Employees of contractors or subcontractors performing jobs on various types of public

works including mechanics, apprentices, teamsters, chauffeurs, and laborers engaged in the

transportation of gravel or fill to the site of public works, the removal and/or delivery of gravel or

fill or ready-mix concrete, sand, bituminous stone, or asphalt flowable fill from the site of public

works, or the transportation or removal of gravel or fill from one location to another on the site of

public works, and the employment of the employees shall be subject to the provisions of

subsections (a) and (b); and

     (2) Persons employed by a provider contracted for the purpose of transporting public and

private school pupils pursuant to §§ 16-21-1 and 16-21.1-8 shall be subject to the provisions of

subsections (a) and (b) of this section. For the purposes of this subsection the term employee

includes school bus drivers, aides, and monitors who are directly providing transportation services;

the term employee does not include mechanics, dispatchers, or other personnel employed by the

vendor whose duties are normally performed at a fixed location.

     (d) The terms “public agency” and “quasi-public agency” shall include, but not be limited

to: the Rhode Island industrial recreational building authority, the Rhode Island commerce

corporation, the Rhode Island airport corporation, the Rhode Island industrial facilities corporation,

the Rhode Island refunding bond authority, the Rhode Island housing and mortgage finance

corporation, the Rhode Island resource recovery corporation, the Rhode Island public transit

authority, the Rhode Island student loan authority, the water resources board corporate, the Rhode

Island health and education building corporation, the Rhode Island turnpike and bridge authority,

the Narragansett Bay water quality management district commission, the Rhode Island

telecommunications authority, the convention center authority, the council on postsecondary

education, the council on elementary and secondary education, the capital center commission, the

housing resources commission, the Quonset Point-Davisville management corporation, the Rhode

Island children’s crusade for higher education, the Rhode Island depositors economic protection

corporation, the Rhode Island lottery commission, the Rhode Island partnership for science and

technology, the Rhode Island public building authority, and the Rhode Island underground storage

tank board.

     (e) If any one or more subsections of this section shall for any reason be adjudged

unconstitutional or otherwise invalid, the judgment shall not affect, impair, or invalidate the

remaining subsections.

 

714)

Section

Added By Chapter Numbers:

 

39-1-63

312 and 313

 

 

39-1-63. Utility termination moratorium period.

     (a) The commission shall amend its rules and regulations governing the termination of

residential electric and gas service as set forth in 810-RICR-10-00-1, and any similar regulation of

the commission, in order that the utility termination moratorium period shall mean the period of

time between 12:01 a.m. on November 1 and 11:59 p.m. on May 1 of each year.

     Provided, this section shall not nullify or reduce any extension of the suspension of service

terminations and collection actions during any declared state of emergency pursuant to chapter 15

of title 30 relating to emergency management.

     (b) The commission shall have the discretion to extend the duration of the moratorium

described in subsection (a) of this section, to respond to economic conditions and customer needs.

 

715)

Section

Amended By Chapter Numbers:

 

39-1.2-1

81 and 82

 

 

39-1.2-1. Definitions.

     As used in this chapter:

     (1) “Abandoned utility facilities” means any known underground or submerged utility line

or facility that has been permanently taken out of service. For excavation purposes, the abandoned

underground utility facilities should always be considered to be active utility service.

     (2) “Administrator” means the administrator of the division of public utilities and carriers.

     (3) “Approximate location of underground facilities” means a strip of land extending not

more than one and one-half feet (1.5’) on either side of the underground facilities.

     (4) “Association” means the group of public utilities formed pursuant to § 39-1.2-4 for the

purpose of receiving and giving notice of excavation activity within the state.

     (5) “Damage” means and includes, but is not limited to, the substantial weakening of

structural or lateral support of a utility line; penetration or destruction of any utility line protective

coating, housing, or other protective device; or the severance, partial or complete, of any utility

line. Notwithstanding the foregoing, damage shall not include an intentional penetration or

severance of a utility line by a public utility or its contractor(s) for the purpose of effectuating a

repair or replacement of the utility line.

     (6) “Demolition” means the wrecking, razing, rending, moving, or removing of any

structure.

     (7) “Excavation” means an operation for the purpose of movement or removal of earth,

rock, or other materials in or on the ground, or otherwise disturbing the subsurface of the earth, by

the use of powered or mechanized equipment, including, but not limited to: digging, blasting,

auguring, back filling, test boring, drilling, pile driving, grading, plowing in, hammering, pulling

in, trenching, and tunneling; excluding the movement of earth by tools manipulated only by human

or animal power and the tilling of soil for agricultural purposes.

     (8) “Governing authority” means the permit-issuing authority.

     (9) “Immediate danger to life and health” means likely to cause death or immediate or

delayed permanent adverse health effects or prevent escape from such an environment.

     (10) “Inactive utility facilities” means any underground or submerged utility facilities line

or facility that has been temporarily taken out of service with the expectation of becoming usable

in the future.

     (11) “Person” means an individual, partnership, corporation, association, or a public utility,

including a person engaged as a contractor by a public agency and including a public agency.

     (12) "PHMSA" means the federal Pipeline and Hazardous Materials Safety Administration

administered by the United States Department of Transportation.

     (12)(13) “Public agency” means the state or any political subdivision thereof, including

any governmental agency.

     (13)(14) “Public utility” means the owner or operator of underground facilities for

furnishing electric, gas, telephone, or water service as defined in § 39-1-2(a)(20); and also means

and includes, for the purposes of this chapter only, electric transmission companies and

nonregulated power producers, as defined in § 39-1-2(a)(13) and (19); any cable television service;

and any water company that voluntarily becomes a member of the association provided for under

§ 39-1.2-4.

     (14)(15) “Public utility facilities” means the underground plant and equipment owned and

operated by a public utility for the purpose of furnishing electricity, gas, water, cable television, or

telephone service; including the underground plant and equipment owned and operated by any

water company, not subject to regulation by the administrator of the division of the public utilities,

that voluntarily joins the association provided for under § 39-1.2-4. Utility facilities shall include

active, newly installed, and inactive or abandoned utility facilities.

 

716)

Section

Amended By Chapter Numbers:

 

39-1.2-11

81 and 82

 

 

39-1.2-11. Damage — Notice to public utility.

     (a) Upon the occurrence of any contact with, or damage to, any pipe, cable, or its protective

coating, or any other underground facility of a public utility, the appropriate and/or affected public

utility shall be notified immediately by the person or public agency responsible for the operation

causing the contact or damage prior to backfilling the excavation. Upon the receipt of the notice,

the public utility shall immediately dispatch personnel to the subject location to effect temporary

or permanent repair of the damage. Under no circumstances shall the excavator backfill or conceal

the damaged area until the public utility arrives at the subject location. Upon the occurrence of a

serious electrical short, or the escape of dangerous fluids or gases from a broken line, the person or

public agency responsible for the operations causing the damage shall call 911 if the damage

presents an immediate danger to life and health of employees or pedestrians in the surrounding area

unanticipated release of any federal Pipeline and Hazardous Materials Safety Administration

(PHMSA) regulated natural or other gas or hazardous liquid from a damaged pipeline, the person

or public agency responsible for the operations causing the damage shall promptly report the release

to first responders by calling 9-1-1. In the event of an immediate danger to life and health

occurrence, the area shall be evacuated until proper emergency services arrive.

     (b) Any person, public agency, or public utility shall report all suspected violations of this

chapter to the division of public utilities and carriers within thirty (30) days after learning of the

circumstances constituting the suspected violation.

 

717)

Section

Added By Chapter Numbers:

 

39-14-27

149 and 151

 

 

39-14-27. Rules governing transportation of passengers via taxicabs.

     The following provisions shall govern the operation of taxicabs used to transport

passengers, notwithstanding any regulations to the contrary:

     (1) Except as provided in subsection (3) of this section, no taxicab shall operate beyond an

odometer reading of three hundred thousand (300,000) miles or ten (10) model years, whichever is

the first to occur.

     (2) Except as provided in subsection (3) of this section, no motor vehicle shall initially be

put in service as a taxicab if the vehicle is more than eight (8) model years old.

     (3) An exception may be granted to subsections (1) and (2) of this section in cases involving

vehicles in extraordinary condition. The certificate holder may petition the administrator of the

division of public utilities and carriers (the "administrator") for an exemption from the

prohibitions provided in subsections (1) and (2) of this section. In order to be granted an exemption,

the petitioner shall demonstrate, to the satisfaction of the administrator, that the vehicle to be used

as a taxicab would be as acceptable to the public as the newer taxicabs mandated under the rules

and regulations of the division of public utilities and carriers; that the vehicle has few, if any, of

the interior and exterior wear signs concomitant with vehicles of that older vintage; and that the

vehicle appears and functions in relatively "original" condition.

 

 

718)

Section

Amended By Chapter Numbers:

 

39-26.1-4

404 and 405

 

 

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 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.

 

719)

Section

Added By Chapter Numbers:

 

39-26.1-10

404 and 405

 

 

39-26.1-10. Energy storage programs.

     (a) The general assembly finds that while the commission develops new energy market

rules for the use of energy storage systems, it is in the public interest to support the deployment of

the following energy storage capacity:

     (1) Ninety megawatts (90 MW) by December 31, 2026;

     (2) One hundred ninety-five megawatts (195 MW) by December 31, 2028;

     (3) Six hundred megawatts (600 mwMW) by December 31, 2033; and

     (4) Subsequent targets may be proposed and set pursuant to chapter 31 of title 39.

     (b) The Rhode Island infrastructure bank, in consultation with the office of energy

resources, shall develop one or more programs and shall distribute funds made available pursuant

to this chapter to meet the goals established in subsection (a) of this section.

     (c) The Rhode Island infrastructure bank may take in funds from the following sources in

support of this program:

     (1) Money appropriated in the state budget to the fund or otherwise made available to the

infrastructure bank;

     (2) Money made available to the fund through federal programs or private contributions;

     (3) Application or other fees paid to the infrastructure bank to process applications; and

     (4) Any other money made available to the bank.

     (d) The program(s) shall establish supplemental funding efforts to support the deployment

of energy storage systems for:

     (1) Residential classes of electric customers;

     (2) Low-income residential classes of electric customers;

     (3) Commercial and residential classes of electric customers; and

     (4) Energy storage systems connected to the distribution or transmission system in front of

the meter and not associated with a customer’s electric load.

     (e) The program shall provide for grants, no-interest loans, and low-interest loans to

support:

     (1) The co-locate energy storage systems with distributed energy resources; or

     (2) Energy storage systems that would allow for the interconnection of distributed energy

resources without distribution system upgrade costs.

     (f) Any local distribution company that serves greater than one hundred thousand (100,000)

customers shall not be eligible for the financial support described in this section.

     (g) The infrastructure bank shall have the authority to adopt, amend, and implement such

rules and regulations as may be necessary and desirable to effectuate the purposes of this section.

 

720)

Section

Amended By Chapter Numbers:

 

39-26.4-2

83 and 84

 

 

39-26.4-2. Definitions.

     Terms not defined in this section herein shall have the same meaning as contained in

chapter 26 of this title. When used in this chapter:

     (1) “Community remote net-metering system” means a facility generating electricity using

an eligible net-metering resource that allocates net-metering credits to a minimum of one account

for a system associated with low- or moderate-income housing eligible credit recipients, or three

(3) eligible credit-recipient customer accounts, provided that no more than fifty percent (50%) of

the credits produced by the system are allocated to one eligible credit recipient, and provided further

at least fifty percent (50%) of the credits produced by the system are allocated to the remaining

eligible credit recipients in an amount not to exceed that which is produced annually by twenty-

five kilowatt (25 KW) AC capacity. The community remote net-metering system may transfer

credits to eligible credit recipients in an amount that is equal to or less than the sum of the usage of

the eligible credit recipient accounts measured by the three-year (3) average annual consumption

of energy over the previous three (3) years. A projected annual consumption of energy may be used

until the actual three-year (3) average annual consumption of energy over the previous three (3)

years at the eligible credit recipient accounts becomes available for use in determining eligibility

of the generating system. The community remote net-metering system may be owned by the same

entity that is the customer of record on the net-metered account or may be owned by a third party.

     (2) “Core forest” refers to unfragmented forest blocks of single or multiple parcels totaling

two hundred fifty (250) acres or greater unbroken by development and at least twenty-five (25)

yards from mapped roads, with eligibility questions to be resolved by the director of the department

of environmental management. Such determination shall constitute a contested case as defined in

§ 42-35-1.

     (3) “Electric distribution company” shall have the same meaning as § 39-1-2, but shall not

include Block Island Power Company or Pascoag Utility District, each of whom shall be required

to offer net metering to customers through a tariff approved by the public utilities commission after

a public hearing. Any tariff or policy on file with the public utilities commission on the date of

passage of this chapter shall remain in effect until the commission approves a new tariff.

     (4) “Eligible credit recipient” means one of the following eligible recipients in the electric

distribution company’s service territory whose electric service account or accounts may receive

net-metering credits from a community remote net-metering system. Eligible credit recipients

include the following definitions:

     (i) Residential accounts in good standing.

     (ii) “Low- or moderate-income housing eligible credit recipient” means an electric service

account or accounts in good standing associated with any housing development or developments

owned or operated by a public agency, nonprofit organization, limited-equity housing cooperative,

or private developer that receives assistance under any federal, state, or municipal government

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,

encumbered by a deed restriction or other covenant recorded in the land records of the municipality

in which the housing is located, that:

     (A) Restricts occupancy of no less than fifty percent (50%) of the housing to households

with a gross, annual income that does not exceed eighty percent (80%) of the area median income

as defined annually by the United States Department of Housing and Urban Development (HUD);

     (B) Restricts the monthly rent, including a utility allowance, that may be charged to

residents, to an amount that does not exceed thirty percent (30%) of the gross, monthly income of

a household earning eighty percent (80%) of the area median income as defined annually by HUD;

     (C) Has an original term of not less than thirty (30) years from initial occupancy.

     Electric service account or accounts in good standing associated with housing

developments that are under common ownership or control may be considered a single low- or

moderate-income housing eligible credit recipient for purposes of this section. The value of the

credits shall be used to provide benefits to tenants.

     (iii) “Educational institutions” means public and private schools at the primary, secondary,

and postsecondary levels.

     (iv) “Commercial or industrial customers” means any nonresidential customer of the

electric distribution company.

     (5) “Eligible net-metering resource” means eligible renewable energy resource, as defined

in § 39-26-5 including biogas created as a result of anaerobic digestion, but, specifically excluding

all other listed eligible biomass fuels.

     (6) “Eligible net-metering system” means a facility generating electricity using an eligible

net-metering resource that is reasonably designed and sized to annually produce electricity in an

amount that is equal to, or less than, the renewable self-generator’s usage at the eligible net-

metering system site measured by the three-year (3) average annual consumption of energy over

the previous three (3) years at the electric distribution account(s) located at the eligible net-metering

system site. A projected annual consumption of energy may be used until the actual three-year (3)

average annual consumption of energy over the previous three (3) years at the electric distribution

account(s) located at the eligible net-metering system site becomes available for use in determining

eligibility of the generating system. The eligible net-metering system may be owned by the same

entity that is the customer of record on the net-metered accounts or may be owned by a third party

that is not the customer of record at the eligible net-metering system site and which may offer a

third-party, net-metering financing arrangement or net-metering financing arrangement, as

applicable. Notwithstanding any other provisions of this chapter, any eligible net-metering

resource: (i) Owned by a public entity, educational institution, hospital, nonprofit, or multi-

municipal collaborative; or (ii) Owned and operated by a renewable-generation developer on behalf

of a public entity, educational institution, hospital, nonprofit, or multi-municipal collaborative

through a net-metering financing arrangement shall be treated as an eligible net-metering system

and all accounts designated by the public entity, educational institution, hospital, nonprofit, or

multi-municipal collaborative for net metering shall be treated as accounts eligible for net metering

within an eligible net-metering system site; or (iii) Owned and operated by a renewable-generation

developer on behalf of one or more commercial or industrial customer(s) through net-metering

financing arrangement(s) shall be treated as an eligible net-metering system within an eligible net-

metering system site. Notwithstanding any other provision to the contrary, effective July 1, 2060,

an eligible net-metering system means a facility generating electricity using an eligible net-

metering resource that is interconnected behind the same meter as the net-metering customer’s load.

     (7) “Eligible net-metering system site” means the site where the eligible net-metering

system or community remote net-metering system is located or is part of the same campus or

complex of sites contiguous to one another and the site where the eligible net-metering system or

community remote net-metering system is located or a farm on which the eligible net-metering

system or community remote net-metering system is located. Except for an eligible net-metering

system owned by or operated on behalf of a public entity, educational institution, hospital,

nonprofit, or multi-municipal collaborative or for a commercial or industrial customer through a

net-metering financing arrangement, the purpose of this definition is to reasonably assure that

energy generated by the eligible net-metering system is consumed by net-metered electric service

account(s) that are actually located in the same geographical location as the eligible net-metering

system. All energy generated from any eligible net-metering system is, and will be considered,

consumed at the meter where the renewable energy resource is interconnected for valuation

purposes. Except for an eligible net-metering system owned by, or operated on behalf of, a public

entity, educational institution, hospital, nonprofit, or multi-municipal collaborative, or for a

commercial or industrial customer through a net-metering financing arrangement, or except for a

community remote net-metering system, all of the net-metered accounts at the eligible net-metering

system site must be the accounts of the same customer of record and customers are not permitted

to enter into agreements or arrangements to change the name on accounts for the purpose of

artificially expanding the eligible net-metering system site to contiguous sites in an attempt to avoid

this restriction. However, a property owner may change the nature of the metered service at the

accounts at the site to be master metered in the owner’s name, or become the customer of record

for each of the accounts, provided that the owner becoming the customer of record actually owns

the property at which the account is located. As long as the net-metered accounts meet the

requirements set forth in this definition, there is no limit on the number of accounts that may be net

metered within the eligible net-metering system site.

     (8) “Excess renewable net-metering credit” means a credit that applies to an eligible net-

metering system or community remote net-metering system for that portion of the production of

electrical energy beyond one hundred percent (100%) and no greater than one hundred twenty-five

percent (125%) of the renewable self-generator’s own consumption at the eligible net-metering

system site or the sum of the usage of the eligible credit recipient accounts associated with the

community remote net-metering system during the applicable billing period. Such excess

renewable net-metering credit shall be equal to the electric distribution company’s avoided cost

rate, which is hereby declared to be the electric distribution company’s last resort service kilowatt

hour (KWh) charge for the rate class and time-of-use billing period (if applicable) applicable to the

customer of record for the eligible net-metering system or applicable to the customer of record for

the community remote net-metering system. The commission shall have the authority to make

determinations as to the applicability of this credit to specific generation facilities to the extent

there is any uncertainty or disagreement.

     (9) “Farm” shall be defined in accordance with § 44-27-2, except that all buildings

associated with the farm shall be eligible for net-metering credits as long as: (i) The buildings are

owned by the same entity operating the farm or persons associated with operating the farm; and (ii)

The buildings are on the same farmland as the project on either a tract of land contiguous with, or

reasonably proximate to, such farmland or across a public way from such farmland.

     (10) “Hospital” means and shall be defined and established as set forth in chapter 17 of

title 23.

     (11) “Multi-municipal collaborative” means a group of towns and/or cities that enter into

an agreement for the purpose of co-owning a renewable-generation facility or entering into a

financing arrangement pursuant to subsection (15).

     (12) “Municipality” means any Rhode Island town or city, including any agency or

instrumentality thereof, with the powers set forth in title 45.

     (13) “Net metering” means using electrical energy generated by an eligible net-metering

system for the purpose of self-supplying electrical energy and power at the eligible net-metering

system site, or with respect to a community remote net-metering system, for the purpose of

generating net-metering credits to be applied to the electric bills of the eligible credit recipients

associated with the community net-metering system. The amount so generated will thereby offset

consumption at the eligible net-metering system site through the netting process established in this

chapter, or with respect to a community remote net-metering system, the amounts generated in

excess of that amount will result in credits being applied to the eligible credit-recipient accounts

associated with the community remote net-metering system.

     (14) “Net-metering customer” means a customer of the electric distribution company

receiving and being billed for distribution service whose distribution account(s) are being net

metered.

     (15) “Net-metering financing arrangement” means arrangements entered into by a public

entity, educational institution, hospital, nonprofit, multi-municipal collaborative, or a commercial

or industrial customer with a private entity to facilitate the financing and operation of a net-metering

resource, in which the private entity owns and operates an eligible net-metering resource on behalf

of a public entity, educational institution, hospital, nonprofit, multi-municipal collaborative, or

commercial or industrial customer, where: (i) The eligible net-metering resource is located on

property owned or controlled by the public entity, educational institution, hospital, municipality,

multi-municipal collaborative, or commercial or industrial customer as applicable; and (ii) The

production from the eligible net-metering resource and primary compensation paid by the public

entity, educational institution, hospital, nonprofit, multi-municipal collaborative, or commercial or

industrial customer to the private entity for such production is directly tied to the consumption of

electricity occurring at the designated net-metered accounts.

     (16) “Nonprofit” means a nonprofit corporation as defined and established through chapter

6 of title 7, and shall include religious organizations that are tax exempt pursuant to 26 U.S.C. § 

501(d).

     (17) “Person” means an individual, firm, corporation, association, partnership, farm, town

or city of the state of Rhode Island, multi-municipal collaborative, or the state of Rhode Island or

any department of the state government, governmental agency, or public instrumentality of the

state.

     (18) “Preferred site” means a location for a renewable energy system that has had prior

development, including, but not limited to: landfills, gravel pits and quarries, highway and major

road median strips, brownfields, superfund sites, parking lots or sites that are designated

appropriate for carports, and all rooftops including, but not limited to, residential, commercial,

industrial, and municipal buildings.

     (19) “Project” means a distinct installation of an eligible net-metering system or a

community remote net-metering system. An installation will be considered distinct if it is installed

in a different location, or at a different time, or involves a different type of renewable energy.

Subject to the safe-harbor provisions in § 39-26.4-3(a)(1), new and distinct projects cannot be

located on adjoining parcels of land within core forests, except for preferred sites.

     (20) “Public entity” means the federal government, the state of Rhode Island,

municipalities, wastewater treatment facilities, public transit agencies, or any water distributing

plant or system employed for the distribution of water to the consuming public within this state

including the water supply board of the city of Providence.

     (21) “Public entity net-metering system” means a system generating renewable energy at

a property owned or controlled by the public entity that is participating in a net-metering financing

arrangement where the public entity has designated accounts in its name to receive net-metering

credits.

     (22) “Renewable net-metering credit” means a credit that applies to an eligible net-

metering system or a community remote net-metering system up to one hundred percent (100%) of

either the renewable self-generator’s usage at the eligible net-metering system site or the sum of

the usage of the eligible credit-recipient accounts associated with the community remote net-

metering system over the applicable billing period. This credit shall be equal to the total kilowatt

hours of electrical energy generated up to the amount consumed on-site, and/or generated up to the

sum of the eligible credit-recipient account usage during the billing period multiplied by the sum

of the distribution company’s:

     (i) Last resort service kilowatt-hour charge for the rate class applicable to the net-metering

customer, except that for remote public entity and multi-municipality collaborative net-metering

systems that submit an application for an interconnection study on or after July 1, 2017, and

community remote net-metering systems, the last resort service kilowatt-hour charge shall be net

of the renewable energy standard charge or credit;

     (ii) Distribution kilowatt-hour charge;

     (iii) Transmission kilowatt-hour charge; and

     (iv) Transition kilowatt-hour charge.

     For projects after April 15, 2023, subject to the allowable two hundred seventy-five

megawatts alternating current (275 MWac), under § 39-26.4-3(a)(1)(vi), the credit shall be reduced

by twenty percent (20%).

     Notwithstanding the foregoing, except for systems that have requested an interconnection

study for which payment has been received by the distribution company, or if an interconnection

study is not required, a completed and paid interconnection application, by December 31, 2018, the

renewable net-metering credit for all remote public entity and multi-municipal collaborative net-

metering systems shall not include the distribution kilowatt-hour charge commencing on January

1, 2050.

     (23) “Renewable self-generator” means an electric distribution service customer of record

for the eligible net-metering system or community remote net-metering system at the eligible net-

metering system site which system is primarily designed to produce electrical energy for

consumption by that same customer at its distribution service account(s), and/or, with respect to

community remote net-metering systems, electrical energy which generates net-metering credits to

be applied to offset the eligible credit-recipient account usage.

     (24) “Third party” means and includes any person or entity, other than the renewable self-

generator, who or that owns or operates the eligible net-metering system or community remote net-

metering system on the eligible net-metering system site for the benefit of the renewable self-

generator.

     (25) “Third-party, net-metering financing arrangement” means the financing of eligible

net-metering systems or community remote net-metering systems through lease arrangements or

power/credit purchase agreements between a third party and renewable self-generator, except for

those entities under a public entity net-metering financing arrangement. A third party engaged in

providing financing arrangements related to such net-metering systems with a public or private

entity is not a public utility as defined in § 39-1-2.

 

721)

Section

Amended By Chapter Numbers:

 

39-26.4-3

83 and 84

 

 

39-26.4-3. Net metering.

     (a) The following policies regarding net metering of electricity from eligible net-metering

systems and community remote net-metering systems and regarding any person that is a renewable

self-generator shall apply:

     (1)(i) The maximum allowable capacity for eligible net-metering systems, based on

nameplate capacity, shall be ten megawatts (10 MW).

     (ii) Eligible net-metering systems shall be sited outside of core forests with the exception

of development on preferred sites in the core forest and the exception of systems that, as of April

15, 2023, (A) Have submitted a complete application to the appropriate municipality for any

required permits and/or zoning changes, or (B) Have requested an interconnection study for which

payment has been received by the distribution company, or (C) If an interconnection study is not

required, systems that have a completed and paid interconnection application.

     (iii) For systems developed in core forests on preferred sites, no more than one hundred

thousand square feet (100,000 sq. ft) of core forest shall be removed, including except for work

required for utility interconnection or development of a brownfield, in which case no more core

forest than necessary for interconnection or brownfield development shall be removed.

     (iv) The aggregate amount of net metering in the Block Island Utility District doing

business as Block Island Power Company and the Pascoag Utility District shall not exceed a

maximum percentage of peak load for each utility district as set by the utility district based on its

operational characteristics, subject to commission approval.

     (v) Through December 31, 2018, the maximum aggregate amount of community remote

net-metering systems built shall be thirty megawatts (30 MW). Any of the unused MW amount

after December 31, 2018, shall remain available to community remote net-metering systems until

the MW aggregate amount is interconnected.

     (vi) The maximum aggregate capacity of remote net metering allowable for ground-

mounted eligible net-metering systems, as defined by § 39-26.4-2(6), with the exception of systems

that have, as of April 15, 2023, submitted a complete application to the appropriate municipality

for any required permits and/or zoning changes or have requested an interconnection study for

which payment has been received by the distribution company, or if an interconnection study is not

required, a completed and paid interconnection application by the distribution company date of

passage as of June 24, 2023, shall be two hundred seventy-five megawatts, alternating current (275

MWac MWAC MWac), excluding off-shore wind. None of the systems to which this cap applies

shall be in core forests unless on a preferred site located within the core forest. A project counts

against this maximum if it is in operation or under construction by July 1, 2030, as determined by

the local distribution company. All eligible ground-mounted net-metering systems must be under

construction or in operation by July 1, 2030. This restriction shall not apply to the following: (A)

The eligible net-metering system is interconnected behind the same meter as the net-metering

customer’s load; and/or (B) The energy generated by the eligible net-metering system is consumed

by net-metered electric service account(s) of the same owner of record that are actually located on

the same or contiguous parcels as the eligible net-metering system.

     (2) For ease of administering net-metered accounts and stabilizing net-metered account

bills, the electric distribution company may elect (but is not required) to estimate for any twelve-

month (12) period:

     (i) The production from the eligible net-metering system or community remote net-

metering system; and

     (ii) Aggregate consumption of the net-metered accounts at the eligible net-metering system

site or the sum of the consumption of the eligible credit-recipient accounts associated with the

community remote net-metering system, and establish a monthly billing plan that reflects the

expected credits that would be applied to the net-metered accounts over twelve (12) months. The

billing plan would be designed to even out monthly billings over twelve (12) months, regardless of

actual production and usage. If such election is made by the electric distribution company, the

electric distribution company would reconcile payments and credits under the billing plan to actual

production and consumption at the end of the twelve-month (12) period and apply any credits or

charges to the net-metered accounts for any positive or negative difference, as applicable. Should

there be a material change in circumstances at the eligible net-metering system site or associated

accounts during the twelve-month (12) period, the estimates and credits may be adjusted by the

electric distribution company during the reconciliation period. The electric distribution company

also may elect (but is not required) to issue checks to any net-metering customer in lieu of billing

credits or carry-forward credits or charges to the next billing period. For residential-eligible net-

metering systems and community remote net-metering systems twenty-five kilowatts (25 KW) or

smaller, the electric distribution company, at its option, may administer renewable net-metering

credits month to month allowing unused credits to carry forward into the following billing period.

     (3) If the electricity generated by an eligible net-metering system or community remote

net-metering system during a billing period is equal to, or less than, the net-metering customer’s

usage at the eligible net-metering system site or the sum of the usage of the eligible credit-recipient

accounts associated with the community remote net-metering system during the billing period, the

customer shall receive renewable net-metering credits, that shall be applied to offset the net-

metering customer’s usage on accounts at the eligible net-metering system site, or shall be used to

credit the eligible credit-recipient’s electric account.

     (4) If the electricity generated by an eligible net-metering system or community remote

net-metering system during a billing period is greater than the net-metering customer’s usage on

accounts at the eligible net-metering system site or the sum of the usage of the eligible credit-

recipient accounts associated with the community remote net-metering system during the billing

period, the customer shall be paid by excess renewable net-metering credits for the excess

electricity generated up to an additional twenty-five percent (25%) beyond the net-metering

customer’s usage at the eligible net-metering system site, or the sum of the usage of the eligible

credit-recipient accounts associated with the community remote net-metering system during the

billing period; unless the electric distribution company and net-metering customer have agreed to

a billing plan pursuant to subsection (a)(2).

     (5) The rates applicable to any net-metered account shall be the same as those that apply

to the rate classification that would be applicable to such account in the absence of net metering,

including customer and demand charges, and no other charges may be imposed to offset net-

metering credits.

     (b) The commission shall exempt electric distribution company customer accounts

associated with an eligible net-metering system from back-up or standby rates commensurate with

the size of the eligible net-metering system, provided that any revenue shortfall caused by any such

exemption shall be fully recovered by the electric distribution company through rates.

     (c) Any prudent and reasonable costs incurred by the electric distribution company

pursuant to achieving compliance with subsection (a) and the annual amount of any renewable net-

metering credits or excess renewable net-metering credits provided to accounts associated with

eligible net-metering systems or community remote net-metering systems, shall be aggregated by

the distribution company and billed to all distribution customers on an annual basis through a

uniform, per-kilowatt-hour (KWh) surcharge embedded in the distribution component of the rates

reflected on customer bills.

     (d) The billing process set out in this section shall be applicable to electric distribution

companies thirty (30) days after the enactment of this chapter.

     (e) The Rhode Island office of energy resources shall redesign the community solar remote

net metering program to reflect the provisions of this chapter and to include a commercial or

industrial anchor tenant up to but not to exceed fifty percent (50%) of the project. The remaining

fifty percent (50%) must be allocated or subscribed to low- and moderate-income (LMI) residents

and/or those living in areas defined as disadvantaged and environmental justice communities. The

Rhode Island office of energy resources shall design the net metering credit rate and factor in

federal energy funding and tax credits to develop the most cost-effective rate for community solar

projects. It is expected that these projects will be operational for a twenty-year (20) period. The

Rhode Island office of energy resources shall file a benefit and cost analysis with any program

proposal filed to the Rhode Island public utilities commission. Once the Rhode Island office of

energy resources files a program proposal to the Rhode Island public utilities commission, a docket

shall be established, and the Rhode Island public utilities commission shall issue a ruling on the

program no later than one hundred and fifty (150) days. If a program is approved, it will be subject

to no greater than twenty megawatts (20 MW) per year for two years until the forty megawatts (40

MW) cap is met. Eligible net-metering systems shall be sited outside of core forests with the

exception of development on preferred sites in the core forest.

 

722)

Section

Amended By Chapter Numbers:

 

39-26.6-1

83 and 84

 

 

39-26.6-1. Purpose.

     The purpose of this chapter is to enable the state to meet its climate and resilience goals,

including those established in the act on climate. This includes the goals to facilitate and promote

installation of grid-connected generation of renewable energy; support and encourage development

of distributed renewable energy generation systems while protecting important core forest areas

essential to climate resilience and complying with Rhode Island’s climate change mandates; reduce

environmental impacts; reduce carbon emissions that contribute to climate change by encouraging

the siting of renewable energy projects in the load zone of the electric distribution company and in

preferred areas that have already been disturbed by industry or other uses; diversify the energy-

generation sources within the load zone of the electric distribution company; stimulate economic

development; and improve distribution-system resilience and reliability with within the load zone

of the electric distribution company.

 

723)

Section

Amended By Chapter Numbers:

 

39-26.6-3

83 and 84

 

 

39-26.6-3. Definitions.

     When used in this chapter, the following terms shall have the following meanings:

     (1) “Board” shall mean the distributed-generation board as established pursuant to the

provisions of § 39-26.2-10 under the title distributed generation standard contract board, but shall

also fulfill the responsibilities set forth in this chapter.

     (2) “Ceiling price” means the bidding price cap(s) applicable to each annual enrollment for

a given distributed-generation class, that shall be approved for each renewable energy class

pursuant to the procedure established in this chapter. The ceiling price(s) are not required to, but

may be, approved for up to three years. The ceiling price for each technology should be a price that

would allow a private owner to invest in a given project at a reasonable rate of return, based on

recently reported and forecast information on the cost of capital and the cost of generation

equipment. The calculation of the reasonable rate of return for a project shall include, where

applicable, any state or federal incentives, including, but not limited to, tax incentives. Nothing

shall prohibit the distributed-generation board from proposing revised ceiling prices prior to a

program year to account for changes to available federal or state tax incentives, trade tariffs, or

other federal or state incentives that would affect the calculation of the rate of return on a project.

     (3) “Commercial-scale solar project” means a solar distributed-generation project with the

nameplate capacity specified in § 39-26.6-7.

     (4) “Commission” means the Rhode Island public utilities commission.

     (5) “Community remote distributed-generation system” means a distributed-generation

facility greater than two hundred fifty kilowatt (250 KW) nameplate direct current that allocates

bill credits for each kilowatt hour (KWh) generated to a minimum of three (3), eligible recipient-

customer accounts, provided that no more than fifty percent (50%) of the credits produced by the

system are allocated to one eligible recipient-customer account, and provided further that at least

fifty percent (50%) of the credits produced by the system are allocated to eligible recipients in an

amount not to exceed that which is produced annually by twenty-five kilowatt (25 KW) AC

capacity. The community remote distributed-generation system may transfer credits to eligible

recipient-customer accounts in an amount that is equal to, or less than, the sum of the usage of the

eligible recipient-customer accounts measured by the three-year-average (3) annual consumption

of energy over the previous three (3) years. A projected, annual consumption of energy may be

used until the actual three-year-average (3) annual consumption of energy over the previous three

(3) years at the eligible recipient-customer accounts becomes available for use in determining

eligibility of the generating system. The community remote distributed-generation system may be

owned by the same entity that is the customer of record on the net-metered account or may be

owned by a third party.

     (6) “Core forest” refers to unfragmented forest blocks of single or multiple parcels totaling

two hundred fifty (250) acres or greater unbroken by development and at least twenty-five (25)

acres yards from mapped roads, with eligibility questions to be resolved by the director of the

department of environmental management. Such determination shall constitute a contested case as

defined in § 42-35-1. Notwithstanding any other provisions of this chapter, no renewable-

distributed-generation project that is located or planned to be located in or on a core forest, shall be

considered an eligible renewable-distributed-generation project or otherwise be eligible to

participate in this program, unless it is on a preferred site.

     (7) “Distributed-generation facility” means an electrical-generation facility located in the

electric distribution company’s load zone with a nameplate capacity no greater than five megawatts

(5 MW), except for solar projects as described in § 39-26.6-7 that may exceed five megawatts (5

MW) but shall not be greater than fifteen megawatts (15 MW), unless located on preferred sites, in

which case they may be sized up to thirty-nine megawatts (39 MW), using eligible renewable

energy resources as defined by § 39-26-5, including biogas created as a result of anaerobic

digestion, but, specifically excluding all other listed eligible biomass fuels, and connected to an

electrical power system owned, controlled, or operated by the electric distribution company. For

facilities developed in core forests on preferred sites, no more than one hundred thousand square

feet (100,000 sq. ft.) of core forest shall be removed, including except for work required for utility

interconnection or development of a brownfield, in which case no more core forest than necessary

for interconnection or brownfield development shall be removed. For purposes of this chapter, a

distributed-generation facility must be a new resource that:

     (i) Has not begun operation;

     (ii) Is not under construction, but excluding preparatory site work that is less than twenty-

five percent (25%) of the estimated total project cost; and

     (iii) Except for small-scale solar projects, does not have in place investment or lending

agreements necessary to finance the construction of the facility prior to the submittal of an

application or bid for which the payment of performance-based incentives is sought under this

chapter except to the extent that such financing agreements are conditioned upon the project owner

being awarded performance-based incentives under the provisions of this chapter. For purposes of

this definition, preexisting hydro generation shall be exempt from the provisions of subsection

(7)(i) regarding operation, if the hydro-generation facility will need a material investment to restore

or maintain reliable and efficient operation and meet all regulatory, environmental, or operational

requirements. For purposes of this provision, “material investment” shall mean investment

necessary to allow the project to qualify as a new, renewable energy resource under § 39-26-2. To

be eligible for this exemption, the hydro-project developer at the time of submitting a bid in the

applicable procurement must provide reasonable evidence with its bid application showing the level

of investment needed, along with any other facts that support a finding that the investment is

material, the determination of which shall be a part of the bid review process set forth in § 39-26.6-

16 for the award of bids.

     (8) “Distributed-generation project” means a distinct installation of a distributed-

generation facility. An installation will be considered distinct if it does not violate the segmentation

prohibition set forth in § 39-26.6-9.

     (9) “Electric distribution company” means a company defined in § 39-1-2(a)(12),

supplying standard-offer service, last-resort service, or any successor service to end-use customers,

but not including the Block Island Power Company or the Pascoag Utility District.

     (10) “ISO-NE” means Independent System Operator-New England, the Regional

Transmission Organization for New England designated by the Federal Energy Regulatory

Commission.

     (11) “Large distributed-generation project” means a distributed-generation project that has

a nameplate capacity that exceeds the size of a small distributed-generation project in a given year,

but is no greater than five megawatts (5 MW) nameplate capacity.

     (12) “Large-scale solar project” means a solar distributed-generation project with the

nameplate capacity specified in § 39-26.6-7.

     (13) “Medium-scale solar project” means a solar distributed-generation project with the

nameplate capacity specified in § 39-26.6-7.

     (14) “Office” means the Rhode Island office of energy resources.

     (15) “Preferred sites” means a location for a renewable energy system that has had prior

development, including, but not limited to: landfills, gravel pits and quarries, highway and major

road median strips, brownfields, superfund sites, parking lots or sites that are designated

appropriate for carports, and all rooftops including, but not limited to, residential, commercial,

industrial and municipal buildings.

     (16) “Program year” means a year beginning April 1 and ending March 31, except for the

first program year, that may commence after April 1, 2015, subject to commission approval.

     (17) “Renewable energy certificate” means a New England Generation Information System

renewable energy certificate as defined in § 39-26-2(14).

     (18) “Renewable energy classes” means categories for different renewable energy

technologies using eligible renewable energy resources as defined by § 39-26-5, including biogas

created as a result of anaerobic digestion, but, specifically excluding all other listed eligible biomass

fuels specified in § 39-26-2(6). For each program year, in addition to the classes of solar distributed

generation specified in § 39-26.6-7, the board shall determine the renewable energy classes as are

reasonably feasible for use in meeting distributed-generation objectives from renewable energy

resources and are consistent with the goal of meeting the annual target for the program year. The

board may make recommendations to the commission to add, eliminate, or adjust renewable energy

classes for each program year, provided that the solar classifications set forth in § 39-26.6-7 shall

remain in effect for at least the first two (2) program years and no distributed-generation project

may exceed five megawatts (5 MW) of nameplate capacity except for solar projects as described

in § 39-26.6-7.

     (19) “Shared solar facility” means a single small-scale or medium-scale solar facility that

must allocate bill credits to at least two (2), and no more than fifty (50), accounts in the same

customer class and on the same or adjacent parcels of land. Public entities may allocate such bill

credits to at least two (2), and up to fifty (50), accounts without regard to physical location so long

as the facility and accounts are within the same municipality. In no case will the annual allocated

credits in KWh exceed the prior three-year (3) annual average usage, less any reductions for verified

energy-efficiency measures installed at the customer premises, of the customer account to which

the bill credits are transferred.

     (20) “Small distributed-generation project” means a distributed-generation renewable

energy project that has a nameplate capacity within the following: Wind: fifty kilowatts (50 KW)

to one and one-half megawatts (1.5 MW); small-scale solar projects and medium-scale solar

projects with the capacity limits as specified in § 39-26.6-7. For technologies other than solar and

wind, the board shall set the nameplate capacity-size limits, but such limits may not exceed one

megawatt (1 MW).

     (21) “Small-scale solar project” means a solar distributed-generation project with the

nameplate capacity specified in § 39-26.6-7.

 

724)

Section

Repealed By Chapter Numbers:

 

39-26-8

67 and 68

 

 

39-26-8. [Repealed]

 

725)

Section

Repealed By Chapter Numbers:

 

39-26-8-1

67 and 68

 

 

39-26-8-1. [Repealed]

 

726)

Section

Repealed By Chapter Numbers:

 

39-26-8-2

67 and 68

 

 

39-26-8-2. [Repealed]

 

727)

Section

Repealed By Chapter Numbers:

 

39-26-8-3

67 and 68

 

 

39-26-8-3. [Repealed]

 

728)

Section

Repealed By Chapter Numbers:

 

39-26-8-4

67 and 68

 

 

39-26-8-4. [Repealed]

 

729)

Section

Repealed By Chapter Numbers:

 

39-26-8-5

67 and 68

 

 

39-26-8-5. [Repealed]

 

730)

Section

Repealed By Chapter Numbers:

 

39-26-8-6

67 and 68

 

 

39-26-8-6. [Repealed]

 

731)

Section

Repealed By Chapter Numbers:

 

39-26-8-7

67 and 68

 

 

39-26-8-7. [Repealed]

 

732)

Section

Repealed By Chapter Numbers:

 

39-26-8-8

67 and 68

 

 

39-26-8-8. [Repealed]

 

733)

Section

Repealed By Chapter Numbers:

 

39-26-8-9

67 and 68

 

 

39-26-8-9. [Repealed]

 

734)

Section

Repealed By Chapter Numbers:

 

39-26-8-10

67 and 68

 

 

39-26-8-10. [Repealed]

 

735)

Section

Repealed By Chapter Numbers:

 

39-26-8-11

67 and 68

 

 

39-26-8-11. [Repealed]

 

736)

Section

Repealed By Chapter Numbers:

 

39-26-8-12

67 and 68

 

 

39-26-8-12. [Repealed]

 

737)

Section

Added By Chapter Numbers:

 

39-33

404 and 405

 

 

CHAPTER 33

ENERGY STORAGE SYSTEMS ACT

 

738)

Section

Added By Chapter Numbers:

 

39-33-1

404 and 405

 

 

39-33-1. Definitions.

     As used in this chapter:

     (1) "Commission" means the public utilities commission.

     (2) "Energy storage system" means any technology capable of converting electrical energy

to some form of stored energy for reconversion to electrical energy at a later time.

     (3) "Long-duration energy storage system" means energy storage systems that are capable

of permanently displacing fossil fuel energy systems designed to store energy or necessary for

balancing intermittent renewable energy resources.

 

739)

Section

Added By Chapter Numbers:

 

39-33-2

404 and 405

 

 

39-33-2. Storage tariff.

     No later than September 1, 2024, the public utilities commission shall engage stakeholders

to adopt a framework for an energy storage system tariff for energy storage systems connected to

the electric distribution system.

     (1) The tariff framework should, at a minimum, address the ability of energy storage

systems to charge from and discharge to the electric distribution system.

     (2) The commission shall set a schedule that is designed to result in a model tariff no later

than May 1, 2025, consistent with the tariff framework.

     (3) Following that date, if the commission finds that the energy storage system tariff can

be implemented without inequitable cross subsidization between customers, each electric

distribution company as defined in § 39-1-2 that has greater than one hundred thousand (100,000)

customers shall file the model tariff for review and approval by the public utilities commission in

a contested proceeding. Otherwise, the model tariff shall be included as part of the electric

distribution company’s next general rate filing.

 

740)

Section

Added By Chapter Numbers:

 

39-33-3

404 and 405

 

 

39-33-3. Interconnection.

     (a) No later than September 1, 2024, the commission shall commence a process, which

includes stakeholder engagement, to adopt a framework for an interconnection tariff for energy

storage systems connected to the electric distribution system that recognizes the flexible operating

characteristics of energy storage systems.

     (b) Following the public utilities commission’s adoption of a framework, which shall be

completed no later than May 1, 2025, each electric distribution company as defined in § 39-1-2 that

has greater than one hundred thousand (100,000) customers shall file a proposed energy storage

system interconnection tariff for review and approval in a contested proceeding.

 

741)

Section

Added By Chapter Numbers:

 

39-33-4

404 and 405

 

 

39-33-4. Periodic storage assessment and procurement.

     (a) Not less than every three (3) years, the commission shall conduct a market survey to

assess the capabilities of storage technologies and whether those capabilities have the potential to

meet the needs of, or provide net value to, the distribution system or the bulk power system.

     (1) As part of its review, the commission shall consider time and location-based constraints

on the distribution and bulk power systems, including physical, economic, and environmental

constraints that increase costs to the general body of ratepayers.

     (2) Transmission level storage, at a minimum, shall include long-duration energy storage

systems and short-duration energy storage systems that have peaking capabilities, but may include

other applications.

     (b) upon Upon a finding by the commission that storage may meet distribution system or

bulk power system needs, or provide net value to the general body of ratepayers, the commission

shall direct the electric distribution company with more than one hundred thousand (100,000)

customers to conduct a procurement of transmission level or distribution level storage consistent

with subsection (c) of this section. This review shall also consider whether any changes need to be

made to previously approved storage procurement methods to meet the targets and may be

conducted as part of the review of system reliability and procurement in § 39-1-27.7(b). The

commission’s findings about appropriate targets and procurement shall be consistent with its least

cost procurement standards and that the approved procurement is cost effective, less than the cost

of available supply, reliable, prudent, and environmentally responsible.

     (c) The electric distribution company shall issue and, subject to review and approval of the

commission, select a reasonable, open, and competitive method of soliciting proposals from third

parties for one or more services from energy storage projects connected to the transmission or

distribution system in front of the meter, including, but not limited to, long-duration energy storage

projects, that would achieve the goals in this chapter33of title 39.

 

742)

Section

Added By Chapter Numbers:

 

39-33-5

404 and 405

 

 

39-33-5. Administrative expense.

     The commission is authorized to hire one or more consultants to assist with each task set

forth in this chapter and may assess its actual costs to each electric distribution company as defined

in § 39-1-2 that has greater than one hundred thousand (100,000) customers in a manner to be

determined by the commission.

 

743)

Section

Added By Chapter Numbers:

 

39-35

380 and 381

 

 

CHAPTER 35

SOLAR DECOMMISSIONING PLANS

 

744)

Section

Added By Chapter Numbers:

 

39-35-1

380 and 381

 

 

39-35-1. Definitions.

     When used in this chapter, these terms shall have the following meanings:

     (1) "Decommissioning" means:

     (i) The physical removal of all components of a solar photovoltaic system including, but

not limited to, solar panels and associated anchoring systems and foundations, and other structures,

buildings, roads, fences, cables, electrical components or associated facilities and foundations, to

the extent the components of the system are not otherwise in, or proposed to be placed in,

productive use;

     (ii) Stabilization and/or revegetation of the site as necessary to minimize erosion and in

compliance with all state and local laws; and

     (iii) Disposal of all solid and hazardous waste in accordance with federal, state, and local

laws, regulations, and ordinances.

     (2) "Department" means the Rhode Island department of environmental management;.

     (3) "Ground-mounted solar system" means a solar electric system that is structurally

mounted on the ground and is not roof-mounted;.and

     (4) "Office" means the Rhode Island office of energy resources.

 

745)

Section

Added By Chapter Numbers:

 

39-35-2

380 and 381

 

 

39-35-2. Decommissioning plan required.

     The developer of any ground-mounted solar system shall, at the time they apply for

required permits from the municipality of jurisdiction, submit a plan for decommissioning to

include an estimate of the financial cost of implementing the plan. The municipality shall be

required to keep the decommissioning plan on file; provided that, doing so does not make the

municipality responsible for its implementation. Each municipality may require the developer to

post a performance bond to cover the cost of its decommissioning plan.

 

746)

Section

Added By Chapter Numbers:

 

39-35-3

380 and 381

 

 

39-35-3. Technical assistance.

     The department, in consultation with the office, shall make publicly available model

decommissioning plans and shall provide technical assistance to municipalities and developers of

ground-mounted solar systems regarding the creation of the decommissioning plans required by

this chapter.

 

747)

Section

Added By Chapter Numbers:

 

39-35-4

380 and 381

 

 

39-35-4. Existing ordinances.

     This chapter shall not be construed to override or modify any existing municipal ordinance

relating to the decommissioning of ground-mounted solar systems or other renewable energy

systems.

 

748)

Section

Amended By Chapter Numbers:

 

40-5.2-10

117 (Article 11) and 356 and 357

 

 

40-5.2-10. Necessary requirements and conditions.

     The following requirements and conditions shall be necessary to establish eligibility for

the program.

     (a) Citizenship, alienage, and residency requirements.

     (1) A person shall be a resident of the Statestate of Rhode Island.

     (2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the

alienage requirements established in § 402(b) of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, PRWORA, Pub. L. No. 104-193 and as that section may hereafter be

amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does not meet the

alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in

accordance with this chapter.

     (b) The family/assistance unit must meet any other requirements established by the

department of human services by rules and regulations adopted pursuant to the Administrative

Procedures Act, as necessary to promote the purpose and goals of this chapter.

     (c) Receipt of cash assistance is conditional upon compliance with all program

requirements.

     (d) All individuals domiciled in this state shall be exempt from the application of

subdivision 115(d)(1)(A) of Pub. L. No. 104-193, the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any

individual ineligible for certain state and federal assistance if that individual has been convicted

under federal or state law of any offense that is classified as a felony by the law of the jurisdiction

and that has as an element the possession, use, or distribution of a controlled substance as defined

in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)).

     (e) Individual employment plan as a condition of eligibility.

     (1) Following receipt of an application, the department of human services shall assess the

financial conditions of the family, including the non-parent caretaker relative who is applying for

cash assistance for themself as well as for the minor child(ren), in the context of an eligibility

determination. If a parent or non-parent caretaker relative is unemployed or under-employed, the

department shall conduct an initial assessment, taking into account:

     (A) The physical capacity, skills, education, work experience, health, safety, family

responsibilities, and place of residence of the individual; and

     (B) The child care and supportive services required by the applicant to avail themself of

employment opportunities and/or work readiness programs.

     (2) On the basis of this assessment, the department of human services and the department

of labor and training, as appropriate, in consultation with the applicant, shall develop an individual

employment plan for the family that requires the individual to participate in the intensive

employment services. Intensive employment services shall be defined as the work requirement

activities in § 40-5.2-12(g) and (i).

     (3) The director, or the director’s designee, may assign a case manager to an

applicant/participant, as appropriate.

     (4) The department of labor and training and the department of human services in

conjunction with the participant shall develop a revised individual employment plan that shall

identify employment objectives, taking into consideration factors above, and shall include a

strategy for immediate employment and for preparing for, finding, and retaining employment

consistent, to the extent practicable, with the individual’s career objectives.

     (5) The individual employment plan must include the provision for the participant to

engage in work requirements as outlined in § 40-5.2-12.

     (6)(i) The participant shall attend and participate immediately in intensive assessment and

employment services as the first step in the individual employment plan, unless temporarily exempt

from this requirement in accordance with this chapter. Intensive assessment and employment

services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i).

     (ii) Parents under age twenty (20) without a high school diploma or general equivalency

diploma (GED) shall be referred to special teen-parent programs that will provide intensive services

designed to assist teen parents to complete high school education or GED, and to continue approved

work plan activities in accord with Rhode Island works program requirements.

     (7) The applicant shall become a participant in accordance with this chapter at the time the

individual employment plan is signed and entered into.

     (8) Applicants and participants of the Rhode Island works program shall agree to comply

with the terms of the individual employment plan, and shall cooperate fully with the steps

established in the individual employment plan, including the work requirements.

     (9) The department of human services has the authority under the chapter to require

attendance by the applicant/participant, either at the department of human services or at the

department of labor and training, at appointments deemed necessary for the purpose of having the

applicant enter into and become eligible for assistance through the Rhode Island works program.

The appointments include, but are not limited to: the initial interview, orientation and assessment;

job readiness; and job search. Attendance is required as a condition of eligibility for cash assistance

in accordance with rules and regulations established by the department.

     (10) As a condition of eligibility for assistance pursuant to this chapter, the

applicant/participant shall be obligated to keep appointments; attend orientation meetings at the

department of human services and/or the Rhode Island department of labor and training; participate

in any initial assessments or appraisals; and comply with all the terms of the individual employment

plan in accordance with department of human services rules and regulations.

     (11) A participant, including a parent or non-parent caretaker relative included in the cash

assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as

defined in this chapter or the department’s rules and regulations.

     (12) A participant who voluntarily quits or refuses a job without good cause, as defined in

§ 40-5.2-12(l), while receiving cash assistance in accordance with this chapter, shall be sanctioned

in accordance with rules and regulations promulgated by the department.

     (f) Resources.

     (1) The family or assistance unit’s countable resources shall be less than the allowable

resource limit established by the department in accordance with this chapter.

     (2) No family or assistance unit shall be eligible for assistance payments if the combined

value of its available resources (reduced by any obligations or debts with respect to such resources)

exceeds five thousand dollars ($5,000).

     (3) For purposes of this subsection, the following shall not be counted as resources of the

family/assistance unit in the determination of eligibility for the works program:

     (i) The home owned and occupied by a child, parent, relative, or other individual;

     (ii) Real property owned by a husband and wife as tenants by the entirety, if the property

is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in

the property;

     (iii) Real property that the family is making a good faith effort to dispose of, however, any

cash assistance payable to the family for any such period shall be conditioned upon such disposal

of the real property within six (6) months of the date of application and any payments of assistance

for that period shall (at the time of disposal) be considered overpayments to the extent that they

would not have occurred at the beginning of the period for which the payments were made. All

overpayments are debts subject to recovery in accordance with the provisions of the chapter;

     (iv) Income-producing property other than real estate including, but not limited to,

equipment such as farm tools, carpenter’s tools, and vehicles used in the production of goods or

services that the department determines are necessary for the family to earn a living;

     (v) One vehicle for each adult household member, but not to exceed two (2) vehicles per

household, and in addition, a vehicle used primarily for income-producing purposes such as, but

not limited to, a taxi, truck, or fishing boat; a vehicle used as a family’s home; a vehicle that

annually produces income consistent with its fair market value, even if only used on a seasonal

basis; a vehicle necessary to transport a family member with a disability where the vehicle is

specially equipped to meet the specific needs of the person with a disability or if the vehicle is a

special type of vehicle that makes it possible to transport the person with a disability;

     (vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of

limited value;

     (vii) Burial plots (one for each child, relative, and other individual in the assistance unit)

and funeral arrangements;

     (viii) For the month of receipt and the following month, any refund of federal income taxes

made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating

to earned income tax credit), and any payment made to the family by an employer under § 3507 of

the Internal Revenue Code of 1986, 26 U.S.C. § 3507 [repealed] (relating to advance payment of

such earned income credit);

     (ix) The resources of any family member receiving supplementary security income

assistance under the Social Security Act, 42 U.S.C. § 301 et seq.;

     (x) Any veteran’s disability pension benefits received as a result of any disability sustained

by the veteran while in the military service.

     (g) Income.

     (1) Except as otherwise provided for herein, in determining eligibility for and the amount

of cash assistance to which a family is entitled under this chapter, the income of a family includes

all of the money, goods, and services received or actually available to any member of the family.

     (2) In determining the eligibility for and the amount of cash assistance to which a

family/assistance unit is entitled under this chapter, income in any month shall not include the first

three hundred dollars ($300) five hundred and twenty-five dollars ($525) of gross earnings plus

fifty percent (50%) of the gross earnings of the family in excess of three hundred dollars ($300)

five hundred and twenty-five dollars ($525) earned during the month.

     (3) The income of a family shall not include:

     (i) The first fifty dollars ($50.00) in child support received in any month from each

noncustodial parent of a child plus any arrearages in child support (to the extent of the first fifty

dollars ($50.00) per month multiplied by the number of months in which the support has been in

arrears) that are paid in any month by a noncustodial parent of a child;

     (ii) Earned income of any child;

     (iii) Income received by a family member who is receiving Supplemental Security Income

(SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.;

     (iv) The value of assistance provided by state or federal government or private agencies to

meet nutritional needs, including: value of USDA-donated foods; value of supplemental food

assistance received under the Child Nutrition Act of 1966, as amended, and the special food service

program for children under Title VII, nutrition program for the elderly, of the Older Americans Act

of 1965 as amended, and the value of food stamps;

     (v) Value of certain assistance provided to undergraduate students, including any grant or

loan for an undergraduate student for educational purposes made or insured under any loan program

administered by the United States Commissioner of Education (or the Rhode Island council on

postsecondary education or the Rhode Island division of higher education assistance);

     (vi) Foster care payments;

     (vii) Home energy assistance funded by state or federal government or by a nonprofit

organization;

     (viii) Payments for supportive services or reimbursement of out-of-pocket expenses made

to foster grandparents, senior health aides, or senior companions and to persons serving in SCORE

and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act

of 1973, 42 U.S.C. § 5000 et seq.;

     (ix) Payments to volunteers under AmeriCorps VISTA as defined in the department’s rules

and regulations;

     (x) Certain payments to native Americans; payments distributed per capita to, or held in

trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134,

25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes

which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17,

1975;

     (xi) Refund from the federal and state earned income tax credit and any federal or state

child tax credits or rebates;

     (xii) The value of any state, local, or federal government rent or housing subsidy, provided

that this exclusion shall not limit the reduction in benefits provided for in the payment standard

section of this chapter;

     (xiii) The earned income of any adult family member who gains employment while an

active RI Works household member. This income is excluded for the first six (6) months of

employment in which the income is earned, or until the household’s total gross income exceeds

one hundred eighty-five percent (185%) of the federal poverty level, unless the household reaches

its sixty-month (60) time limit first;

     (xiv) Any veteran’s disability pension benefits received as a result of any disability

sustained by the veteran while in the military service.

     (4) The receipt of a lump sum of income shall affect participants for cash assistance in

accordance with rules and regulations promulgated by the department.

     (h) Time limit on the receipt of cash assistance.

     (1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this

chapter, to a family or assistance unit that includes an adult member who has received cash

assistance for a total of sixty (60) months (whether or not consecutive), to include any time

receiving any type of cash assistance in any other state or territory of the United States of America

as defined herein. Provided further, in no circumstances other than provided for in subsection (h)(3)

with respect to certain minor children, shall cash assistance be provided pursuant to this chapter to

a family or assistance unit that includes an adult member who has received cash assistance for a

total of a lifetime limit of sixty (60) months.

     (2) Cash benefits received by a minor dependent child shall not be counted toward their

lifetime time limit for receiving benefits under this chapter should that minor child apply for cash

benefits as an adult.

     (3) Certain minor children not subject to time limit. This section regarding the lifetime time

limit for the receipt of cash assistance, shall not apply only in the instances of a minor child(ren)

living with a parent who receives SSI benefits and a minor child(ren) living with a responsible adult

non-parent caretaker relative who is not in the cash assistance payment.

     (4) Receipt of family cash assistance in any other state or territory of the United States of

America shall be determined by the department of human services and shall include family cash

assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds

[Title IV-A of the federal Social Security Act, 42 U.S.C. § 601 et seq.] and/or family cash assistance

provided under a program similar to the Rhode Island families work and opportunity program or

the federal TANF program.

     (5)(i) The department of human services shall mail a notice to each assistance unit when

the assistance unit has six (6) months of cash assistance remaining and each month thereafter until

the time limit has expired. The notice must be developed by the department of human services and

must contain information about the lifetime time limit, the number of months the participant has

remaining, the hardship extension policy, the availability of a post-employment-and-closure bonus;

and any other information pertinent to a family or an assistance unit nearing the sixty-month (60)

lifetime time limit.

     (ii) For applicants who have less than six (6) months remaining in the sixty-month (60)

lifetime time limit because the family or assistance unit previously received cash assistance in

Rhode Island or in another state, the department shall notify the applicant of the number of months

remaining when the application is approved and begin the process required in subsection (h)(5)(i).

     (6) If a cash assistance recipient family was closed pursuant to Rhode Island’s Temporary

Assistance for Needy Families Program (federal TANF described in Title IV-A of the Federal

Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family

independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction

because of failure to comply with the cash assistance program requirements; and that recipient

family received sixty (60) months of cash benefits in accordance with the family independence

program, then that recipient family is not able to receive further cash assistance for his/her family,

under this chapter, except under hardship exceptions.

     (7) The months of state or federally funded cash assistance received by a recipient family

since May 1, 1997, under Rhode Island’s Temporary Assistance for Needy Families Program

(federal TANF described in Title IV-A of the Federal Social Security Act, 42 U.S.C. § 601 et seq.),

formerly entitled the Rhode Island family independence program, shall be countable toward the

time-limited cash assistance described in this chapter.

     (i) Time limit on the receipt of cash assistance.

     (1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance

unit in which an adult member has received cash assistance for a total of sixty (60) months (whether

or not consecutive) to include any time receiving any type of cash assistance in any other state or

territory of the United States as defined herein effective August 1, 2008. Provided further, that no

cash assistance shall be provided to a family in which an adult member has received assistance for

twenty-four (24) consecutive months unless the adult member has a rehabilitation employment plan

as provided in § 40-5.2-12(g)(5).

     (2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter

to a family in which a child has received cash assistance for a total of sixty (60) months (whether

or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to subsection

(a)(2) to include any time they received any type of cash assistance in any other state or territory

of the United States as defined herein.

     (j) Hardship exceptions.

     (1) The department may extend an assistance unit’s or family’s cash assistance beyond the

time limit, by reason of hardship; provided, however, that the number of families to be exempted

by the department with respect to their time limit under this subsection shall not exceed twenty

percent (20%) of the average monthly number of families to which assistance is provided for under

this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by

federal law, any waiver granted under § 40-5.2-34, for domestic violence, shall not be counted in

determining the twenty percent (20%) maximum under this section.

     (2) Parents who receive extensions to the time limit due to hardship must have and comply

with employment plans designed to remove or ameliorate the conditions that warranted the

extension.

     (k) Parents under eighteen (18) years of age.

     (1) A family consisting of a parent who is under the age of eighteen (18), and who has

never been married, and who has a child; or a family consisting of a person under the age of eighteen

(18) from onset of pregnancy shall be eligible for cash assistance only if the family resides in the

home of an adult parent, legal guardian, or other adult relative. The assistance shall be provided to

the adult parent, legal guardian, or other adult relative on behalf of the individual and child unless

otherwise authorized by the department.

     (2) This subsection shall not apply if the minor parent or pregnant minor has no parent,

legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or the

department determines that the physical or emotional health or safety of the minor parent, or his or

her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same

residence as his or her parent, legal guardian, or other adult relative (refusal of a parent, legal

guardian, or other adult relative to allow the minor parent or his or her child, or a pregnant minor,

to live in his or her home shall constitute a presumption that the health or safety would be so

jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent or

legal guardian for a period of at least one year before either the birth of any child to a minor parent

or the onset of the pregnant minor’s pregnancy; or there is good cause, under departmental

regulations, for waiving the subsection; and the individual resides in a supervised supportive-living

arrangement to the extent available.

     (3) For purposes of this section, “supervised supportive-living arrangement” means an

arrangement that requires minor parents to enroll and make satisfactory progress in a program

leading to a high school diploma or a general education development certificate, and requires minor

parents to participate in the adolescent parenting program designated by the department, to the

extent the program is available; and provides rules and regulations that ensure regular adult

supervision.

     (l) Assignment and cooperation. As a condition of eligibility for cash and medical

assistance under this chapter, each adult member, parent, or caretaker relative of the

family/assistance unit must:

     (1) Assign to the state any rights to support for children within the family from any person

that the family member has at the time the assignment is executed or may have while receiving

assistance under this chapter;

     (2) Consent to and cooperate with the state in establishing the paternity and in establishing

and/or enforcing child support and medical support orders for all children in the family or assistance

unit in accordance with title 15 of the general laws, as amended, unless the parent or caretaker

relative is found to have good cause for refusing to comply with the requirements of this subsection.

     (3) Absent good cause, as defined by the department of human services through the

rulemaking process, for refusing to comply with the requirements of subsections (l)(1) and (l)(2),

cash assistance to the family shall be reduced by twenty-five percent (25%) until the adult member

of the family who has refused to comply with the requirements of this subsection consents to and

cooperates with the state in accordance with the requirements of this subsection.

     (4) As a condition of eligibility for cash and medical assistance under this chapter, each

adult member, parent, or caretaker relative of the family/assistance unit must consent to and

cooperate with the state in identifying and providing information to assist the state in pursuing any

third party who may be liable to pay for care and services under Title XIX of the Social Security

Act, 42 U.S.C. § 1396 et seq.

 

749)

Section

Added By Chapter Numbers:

 

40-5.2-11

117 (Article 11) and 356 and 357

 

 

40-5.2-11. Cash assistance.

     (a) A family or assistance unit found by the department to meet the eligibility criteria set

forth in this chapter shall be eligible to receive cash assistance as of the date a signed, written

application, signed under a penalty of perjury, is received by the department.

     (b) The family members or assistance unit shall be eligible for cash assistance for so long

as they continue to meet the eligibility criteria outlined in accordance with this chapter. Parents and

adult non-parent caretaker relatives receiving cash assistance shall be eligible so long as they meet

the terms and conditions of the work requirements of § 40-5.2-12. An adult caretaker relative shall

be eligible for assistance as a member of the assistance unit so long as he or she meets all the

eligibility requirements of this chapter.

     (c) The monthly amount of cash assistance shall be equal to the payment standard for the

family minus the countable income of the family in that month. The department is authorized to

reduce the amount of assistance in the month of application to reflect the number of the days

between the first day of the month and the effective date of the application.

     (d) A decision on the application for assistance shall be made or rejected by the department

no later than thirty (30) days following the date submitted and shall be effective as of the date of

application.

     (e) The payment standard is equal to the sum of the following: four hundred twenty-five

dollars ($425) five hundred ten dollars ($510) (three hundred sixty dollars ($360) (four hundred

forty-five dollars ($445) for a family residing in subsidized housing) for the first person; one

hundred fifty-nine dollars ($159) one hundred ninety-one dollars ($191) for the second person; one

hundred thirty-seven dollars ($137) one hundred sixty-four dollars ($164) for the third person; and

one hundred four dollars ($104) one hundred twenty-five dollars ($125) for each additional person.

 

750)

Section

Amended By Chapter Numbers:

 

40-5.2-12

117 (Article 11) and 356 and 357

 

 

40-5.2-12. Work requirements for receipt of cash assistance.

     (a) The department of human services and the department of labor and training shall assess

the applicant/parent or non-parent caretaker relative’s work experience, educational, and vocational

abilities, and the department, together with the parent, shall develop and enter into a mandatory,

individual employment plan in accordance with § 40-5.2-10(e).

     (b) In the case of a family including two (2) parents, at least one of the parents shall be

required to participate in an employment plan leading to full-time employment. The department

may also require the second parent in a two-parent (2) household to develop an employment plan

if, and when, the youngest child reaches six (6) years of age or older.

     (c) The written, individual employment plan shall specify, at minimum, the immediate

steps necessary to support a goal of long-term, economic independence.

     (d) All applicants and participants in the Rhode Island works employment program must

attend and participate in required appointments, employment plan development, and employment-

related activities, unless temporarily exempt for reasons specified in this chapter.

     (e) A recipient/participant temporarily exempted from the work requirements may

participate in an individual employment plan on a voluntary basis, however, the individual remains

subject to the same program compliance requirements as a participant without a temporary

exemption.

     (f) The individual employment plan shall specify the participant’s work activity(ies) and

the supportive services that will be provided by the department to enable the participant to engage

in the work activity(ies).

     (g) Work requirements for single-parent families. In single-parent households, the

participant parent or non-parent caretaker relative in the cash assistance payment, shall participate

as a condition of eligibility, for a minimum of twenty (20) hours per week if the youngest child in

the home is under the age of six (6), and for a minimum of thirty (30) hours per week if the youngest

child in the home is six (6) years of age or older, in one or more of their required work activities,

as appropriate, in order to help the parent obtain stable, full-time, paid employment, as determined

by the department of human services and the department of labor and training; provided, however,

that he or she shall begin with intensive employment services as the first step in the individual

employment plan. Required work activities are as follows:

     (1) At least twenty (20) hours per week must come from participation in one or more of

the following ten (10) work activities:

     (i) Unsubsidized employment;

     (ii) Subsidized private-sector employment;

     (iii) Subsidized public-sector employment;

     (iv) Work experience;

     (v) On-the-job training;

     (vi) Job search and job readiness;

     (vii) Community service programs;

     (viii) Vocational educational training not to exceed twelve (12) months; provided,

however, that a participant who successfully completes their first year of education at the

community college of Rhode Island may participate in vocational education training for an

additional twelve (12) months;

     (ix) Providing childcare services to another participant parent who is participating in an

approved community service program; and

     (x) Adult education in an intensive work-readiness program.

     (2) Above twenty (20) hours per week, the parent may participate in one or more of the

following three (3) activities in order to satisfy a thirty-hour (30) requirement:

     (i) Job skills training directly related to employment;

     (ii) Education directly related to employment; and

     (iii) Satisfactory attendance at a secondary school or in a course of study leading to a

certificate of general equivalence if it is a teen parent under the age of twenty (20) who is without

a high school diploma or General Equivalence Diploma (GED).

     (3) In the case of a parent under the age of twenty (20), attendance at a secondary school

or the equivalent during the month, or twenty (20) hours per week on average for the month in

education directly related to employment, will be counted as engaged in work.

     (4) A parent who participates in a work experience or community service program for the

maximum number of hours per week allowable by the Fair Labor Standards Act (FLSA) is deemed

to have participated in his or her required minimum hours per week in core activities if actual

participation falls short of his or her required minimum hours per week.

     (5) A parent who has been determined to have a physical or mental impairment affecting

employment, but who has not been found eligible for Social Security Disability benefits or

Supplemental Security Income must participate in his or her rehabilitation employment plan as

developed with the office of rehabilitation services that leads to employment and/or to receipt of

disability benefits through the Social Security Administration.

     (6) A required work activity may be any other work activity permissible under federal

TANF provisions or state-defined Rhode Island works program activity, including up to ten (10)

hours of activities required by a parent’s department of children, youth and families service plan.

     (h) Exemptions from work requirements for the single-parent family. Work requirements

outlined in subsection (g) shall not apply to a single parent if (and for so long as) the department

finds that he or she is:

     (1) Caring for a child below the age of one; provided, however, that a parent may opt for

the deferral from an individual employment plan for a maximum of twelve (12) months during the

twenty-four (24) months of eligibility for cash assistance and provided, further, that a minor parent

without a high school diploma or the equivalent, and who is not married, shall not be exempt for

more than twelve (12) weeks from the birth of the child;

     (2) Caring for a disabled family member who resides in the home and requires full-time

care;

     (3) A recipient of Social Security Disability benefits or Supplemental Security Income or

other disability benefits that have the same standard of disability as defined by the Social Security

Administration;

     (4) An individual receiving assistance who is a victim of domestic violence as determined

by the department in accordance with rules and regulations;

     (5) An applicant for assistance in her third trimester or a pregnant woman in her third

trimester who is a recipient of assistance and has medical documentation that she cannot work;

     (6) An individual otherwise exempt by the department as defined in rules and regulations

promulgated by the department.

     (i) Work requirement for two-parent families.

     (1) In families consisting of two (2) parents, one or both parents are required, and shall be

engaged in, work activities as defined below, for an individual or combined total of at least thirty-

five (35) hours per week during the month, not fewer than thirty (30) hours per week of which are

attributable to one or more of the following listed work activities; provided, however, that he or she

shall begin with intensive employment services as the first step in the individual employment plan.

Two-parent work requirements shall be defined as the following:

     (i) Unsubsidized employment;

     (ii) Subsidized private-sector employment;

     (iii) Subsidized public-sector employment;

     (iv) Work experience;

     (v) On-the-job training;

     (vi) Job search and job readiness;

     (vii) Community service program;

     (viii) Vocational educational training not to exceed twelve (12) months; provided,

however, that a participant who successfully completes their first year of education at the

community college of Rhode Island may participate in vocational education training for an

additional twelve (12) months;

     (ix) The provision of childcare services to a participant individual who is participating in a

community service program; and

     (x) Adult education in an intensive work-readiness program.

     (2) Above thirty (30) hours per week, the following three (3) activities may also count for

participation:

     (i) Job skills training directly related to employment;

     (ii) Education directly related to employment; and

     (iii) Satisfactory attendance at secondary school or in a course of study leading to a

certificate of general equivalence.

     (3) A family with two (2) parents, in which one or both parents participate in a work

experience or community service program, shall be deemed to have participated in core work

activities for the maximum number of hours per week allowable by the Fair Labor Standards Act

(FLSA) if actual participation falls short of his or her required minimum hours per week.

     (4) If the family receives childcare assistance and an adult in the family is not disabled or

caring for a severely disabled child, then the work-eligible individuals must be participating in work

activities for an average of at least fifty-five (55) hours per week to count as a two-parent family

engaged in work for the month.

     (5) At least fifty (50) of the fifty-five (55) hours per week must come from participation in

the activities listed in subsection (i)(1).

     Above fifty (50) hours per week, the three (3) activities listed in subsection (i)(2) may also

count as participation.

     (6) A family with two (2) parents receiving child care in which one or both parents

participate in a work experience or community service program for the maximum number of hours

per week allowable by the Fair Labor Standards Act (FLSA) will be considered to have met their

required core hours if actual participation falls short of the required minimum hours per week. For

families that need additional hours beyond the core activity requirement, these hours must be

satisfied in some other TANF work activity.

     (j) Exemptions from work requirements for two-parent families. Work requirements

outlined in subsection (i) shall not apply to two-parent families if (and for so long as) the department

finds that:

     (1) Both parents receive Supplemental Security Income (SSI);

     (2) One parent receives SSI, and the other parent is caring for a disabled family member

who resides in the home and who requires full-time care; or

     (3) The parents are otherwise exempt by the department as defined in rules and regulations.

     (k) Failure to comply with work requirements — Sanctions and terminations.

     (1) The cash assistance to which an otherwise eligible family/assistance unit is entitled

under this chapter shall be reduced for three (3) months, whether or not consecutive, in accordance

with rules and regulations promulgated by the department, whenever any participant, without good

cause as defined by the department in its rules and regulations, has failed to enter into an individual

employment plan; has failed to attend a required appointment; has refused or quit employment; or

has failed to comply with any other requirements for the receipt of cash assistance under this

chapter. The reduction in cash assistance shall not exceed the share of the payment made to the

participant, i.e., the amount paid in addition to the payment for the dependent children. If the

family’s benefit has been reduced, benefits shall be restored to the full amount beginning with the

initial payment made on the first of the month following the month in which the parent: (i) Enters

into an individual employment plan or rehabilitation plan and demonstrates compliance with the

terms thereof; or (ii) Demonstrates compliance with the terms of his or her existing individual

employment plan or rehabilitation plan, as such plan may be amended by agreement of the parent

and the department.

     (2) In the case where appropriate child care has been made available in accordance with

this chapter, a participant’s failure, without good cause, to accept a bona fide offer of work,

including full-time, part-time, and/or temporary employment, or unpaid work experience or

community service, shall be deemed a failure to comply with the work requirements of this section

and shall result in reduction or termination of cash assistance, as defined by the department in rules

and regulations duly promulgated.

     (3) If the family/assistance unit’s benefit has been reduced for a total of three (3) months,

whether or not consecutive in accordance with this section due to the failure by one or more parents

to enter into an individual employment plan, or failure to comply with the terms of his or her

individual employment plan, or the failure to comply with the requirements of this chapter, cash

assistance to the entire family shall end. The family/assistance unit may reapply for benefits, and

the benefits shall be restored to the family/assistance unit in the full amount the family/assistance

unit is otherwise eligible for under this chapter beginning on the first of the month following the

month in which all parents in the family/assistance unit who are subject to the employment or

rehabilitation plan requirements under this chapter: (i) Enter into an individual employment or

rehabilitation plan as applicable, and demonstrate compliance with the terms thereof, or (ii)

Demonstrate compliance with the terms of the parent’s individual employment or rehabilitation

employment plan in effect at the time of termination of benefits, as such plan may be amended by

agreement of the parent and the department.

     (4)(3) Up to ten (10) days following a notice of adverse action to reduce or terminate

benefits under this subsection, the client may request the opportunity to meet with a social worker

to identify the reasons for non-compliance, establish good cause, and seek to resolve any issues

that have prevented the parent from complying with the employment plan requirements.

     (5)(4) Participants whose cases had closed in sanction status pursuant to Rhode Island’s

prior Temporary Assistance for Needy Families Program (federal TANF described in Title IV-A

of the federal Social Security Act, 42 U.S.C. § 601 et seq.), the family independence program, more

specifically, § 40-5.1-9(2)(c) [repealed], due to failure to comply with the cash assistance program

requirements, but who had received less than forty-eight (48) months of cash assistance at the time

of closure, and who reapply for cash assistance under the Rhode Island works program, must

demonstrate full compliance, as defined by the department in its rules and regulations, before they

shall be eligible for cash assistance pursuant to this chapter.

     (l) Good cause. Good cause for failing to meet any program requirements including leaving

employment, and failure to fulfill documentation requirements, shall be outlined in rules and

regulations promulgated by the department of human services.

 

751)

Section

Amended By Chapter Numbers:

 

40.1-1-13

276 and 277

 

 

40.1-1-13. Powers and duties of the office.

     Notwithstanding any provision of the Rhode Island general laws to the contrary, the

department of behavioral healthcare, developmental disabilities and hospitals shall have the

following powers and duties:

     (1) To establish and promulgate the overall plans, policies, objectives, and priorities for

state substance abuse education, prevention, and treatment; provided, however, that the director

shall obtain and consider input from all interested state departments and agencies prior to the

promulgation of any such plans or policies;

     (2) Evaluate and monitor all state grants and contracts to local substance abuse service

providers;

     (3) Develop, provide for, and coordinate the implementation of a comprehensive state plan

for substance abuse education, prevention, and treatment;

     (4) Ensure the collection, analysis, and dissemination of information for planning and

evaluation of substance abuse services;

     (5) Provide support, guidance, and technical assistance to individuals, local governments,

community service providers, public and private organizations in their substance abuse education,

prevention, and treatment activities;

     (6) Confer with all interested department directors to coordinate the administration of state

programs and policies that directly affect substance abuse treatment and prevention;

     (7) Seek and receive funds from the federal government and private sources in order to

further the purposes of this chapter;

     (8) To act in conjunction with the executive office of health and human services as the

state’s co-designated agency (42 U.S.C. § 300x-30(a)) for administering federal aid and for the

purposes of the calculation of the expenditures relative to the substance abuse block grant and

federal funding maintenance of effort. The department of behavioral healthcare, developmental

disabilities and hospitals, as the state’s substance abuse authority, will have the sole responsibility

for the planning, policy and implementation efforts as it relates to the requirements set forth in

pertinent substance abuse laws and regulations including 42 U.S.C. § 300x-21 et seq.;

     (9) Propose, review, and/or approve, as appropriate, proposals, policies, or plans involving

insurance and managed care systems for substance abuse services in Rhode Island;

     (10) To enter into, in compliance with the provisions of chapter 2 of title 37, contractual

relationships and memoranda of agreement as necessary for the purposes of this chapter;

     (11) To license facilities and programs for the care and treatment of substance abusers and

for the prevention of substance abuse, and provide the list of licensed chemical dependency

professionals (LCDP) and licensed chemical dependency clinical supervisors (LCDCS) (licensed

by the department of health pursuant to chapter 69 of title 5) for use by state agencies including,

but not limited to, the adjudication office of the department of transportation, the district court and

superior court and the division of probation and parole for referral of individuals requiring

substance use disorder treatment;

     (12) To promulgate rules and regulations necessary to carry out the requirements of this

chapter;

     (13) Perform other acts and exercise any other powers necessary or convenient to carry out

the intent and purposes of this chapter;

     (14) To exercise the authority and responsibilities relating to education, prevention, and

treatment of substance abuse, as contained in, but not limited to, the following chapters: chapters

1.10, 10.1, and 28.2 of title 23; chapters 21.2 and 21.3 of title 16; chapter 50.1 of title 42 [repealed];

chapter 109 of title 42; chapter 69 of title 5; and § 35-4-18;

     (15) To establish a Medicare Part D restricted-receipt account in the hospitals and

community rehabilitation services program to receive and expend Medicare Part D reimbursements

from pharmacy benefit providers consistent with the purposes of this chapter;

     (16) To establish a RICLAS group home operations restricted-receipt account in the

services for the developmentally disabled program to receive and expend rental income from

RICLAS group clients for group home-related expenditures, including food, utilities, community

activities, and the maintenance of group homes;

     (17) To establish a non-Medicaid, third-party payor restricted-receipt account in the

hospitals and community rehabilitation services program to receive and expend reimbursement

from non-Medicaid, third-party payors to fund hospital patient services that are not Medicaid

eligible; and

     (18) To certify any and all recovery housing facilities directly, or through a contracted

entity, as defined by department guidelines, which includes adherence to using National Alliance

for Recovery Residences (NARR) standards. In accordance with a schedule to be determined by

the department, all referrals from state agencies or state-funded facilities shall be to certified

houses, and only certified recovery housing facilities shall be eligible to receive state funding to

deliver recovery housing services. As of January 1, 2027, all recovery housing facilities shall be

registered with the department and shall adhere to the NARR certification process.

 

752)

Section

Amended By Chapter Numbers:

 

42-7.2-20.9

101 and 102

 

 

42-7.2-20.9. ABLE account program information.

     Beginning with the 2024-2025 school year, a school district shall provide informational

material about the achieving a better life experience (ABLE) account program established under §

42-7.2-20.3 to the parent or guardian of any student with an individualized education program (IEP)

at the student's annual IEP review meeting, whether held in person, held remotely, or held in any

other manner. The office of the general treasurer shall prepare the informational material and

deliver the informational material to the Rhode Island department of education who which shall

distribute the informational material to school districts.

     A school may transmit the informational material to a parent or guardian in the same

manner as other documents or information related to an annual IEP review meeting are provided to

the parent or guardian.

 

 

 

 

 

 

 

753)

Section

Amended By Chapter Numbers:

 

42-11-2

117 (Article 10), 304 and 305, 392 and 393

 

 

Pl. 392 and 393

 

 

42-11-2. Powers and duties of department.

     The department of administration shall have the following powers and duties:

     (1) To prepare a budget for the several state departments and agencies, subject to the

direction and supervision of the governor;

     (2) To administer the budget for all state departments and agencies, except as specifically

exempted by law;

     (3) To devise, formulate, promulgate, supervise, and control accounting systems,

procedures, and methods for the state departments and agencies, conforming to such accounting

standards and methods as are prescribed by law;

     (4) To purchase or to contract for the supplies, materials, articles, equipment, printing, and

services needed by state departments and agencies, except as specifically exempted by law;

     (5) To prescribe standard specifications for those purchases and contracts and to enforce

compliance with specifications;

     (6) To supervise and control the advertising for bids and awards for state purchases;

     (7) To regulate the requisitioning and storage of purchased items, the disposal of surplus

and salvage, and the transfer to or between state departments and agencies of needed supplies,

equipment, and materials;

     (8) To maintain, equip, and keep in repair the state house, state office building, and other

premises owned or rented by the state for the use of any department or agency, excepting those

buildings, the control of which is vested by law in some other agency;

     (9) To provide for the periodic inspection, appraisal or inventory of all state buildings and

property, real and personal;

     (10) To require reports from state agencies on the buildings and property in their custody;

     (11) To issue regulations to govern the protection and custody of the property of the state;

     (12) To assign office and storage space and to rent and lease land and buildings for the use

of the several state departments and agencies in the manner provided by law;

     (13) To control and supervise the acquisition, operation, maintenance, repair, and

replacement of state-owned motor vehicles by state agencies;

     (14) To maintain and operate central duplicating and mailing service for the several state

departments and agencies;

     (15) To furnish the several departments and agencies of the state with other essential office

services;

     (16) To survey and examine the administration and operation of the state departments and

agencies, submitting to the governor proposals to secure greater administrative efficiency and

economy, to minimize the duplication of activities, and to effect a better organization and

consolidation of functions among state agencies;

     (17) To operate a merit system of personnel administration and personnel management as

defined in § 36-3-3 in connection with the conditions of employment in all state departments and

agencies within the classified service;

     (18) To assign or reassign, with the approval of the governor, any functions, duties, or

powers established by this chapter to any agency within the department;

     (19) To establish, maintain, and operate a data processing center or centers, approve the

acquisition and use of electronic data processing services by state agencies, furnish staff assistance

in methods, systems and programming work to other state agencies, and arrange for and effect the

centralization and consolidation of punch card and electronic data processing equipment and

services in order to obtain maximum utilization and efficiency;

     (20) To devise, formulate, promulgate, supervise, and control a comprehensive and

coordinated statewide information system designed to improve the database used in the

management of public resources, to consult and advise with other state departments and agencies

and municipalities to assure appropriate and full participation in this system, and to encourage the

participation of the various municipalities of this state in this system by providing technical or other

appropriate assistance toward establishing, within those municipalities, compatible information

systems in order to obtain the maximum effectiveness in the management of public resources;

     (i) The comprehensive and coordinated statewide information system may include a Rhode

Island geographic information system of land-related economic, physical, cultural and natural

resources.

     (ii) In order to ensure the continuity of the maintenance and functions of the geographic

information system, the general assembly may annually appropriate such sum as it may deem

necessary to the department of administration for its support;

     (21) To administer a statewide planning program including planning assistance to the state

departments and agencies;

     (22) To administer a statewide program of photography and photographic services;

     (23) To negotiate with public or private educational institutions in the state, in cooperation

with the department of health, for state support of medical education;

     (24) To promote the expansion of markets for recovered material and to maximize their

return to productive economic use through the purchase of materials and supplies with recycled

content by the state of Rhode Island to the fullest extent practically feasible;

     (25) To approve costs as provided in § 23-19-32;

     (26) To provide all necessary civil service tests for individuals seeking employment as

social workers at the department of human services at least twice once a quarter of each year and

to maintain an adequate hiring list for this position at all times;

     (27)(i) To prepare a report every three (3) months of all current property leases or rentals

by any state or quasi-state agency to include the following information:

     (A) Name of lessor;

     (B) Description of the lease (purpose, physical characteristics, and location);

     (C) Cost of the lease;

     (D) Amount paid to date;

     (E) Date initiated;

     (F) Date covered by the lease.

     (ii) To prepare a report by October 31, 2014, of all current property owned by the state or

leased by any state agency or quasi-state agency to include the following information:

     (A) Total square feet for each building or leased space;

     (B) Total square feet for each building and space utilized as office space currently;

     (C) Location of each building or leased space;

     (D) Ratio and listing of buildings owned by the state versus leased;

     (E) Total occupancy costs which shall include capital expenses, provided a proxy should

be provided to compare properties that are owned versus leased by showing capital expenses on

owned properties as a per square foot cost at industry depreciation rates;

     (F) Expiration dates of leases;

     (G) Number of workstations per building or leased space;

     (H) Total square feet divided by number of workstations;

     (I) Total number of vacant workstations;

     (J) Percentage of vacant workstations versus total workstations available;

     (K) Date when an action is required by the state to renew or terminate a lease;

     (L) Strategic plan for leases commencing or expiring by June 30, 2016;

     (M) Map of all state buildings which provides: cost per square foot to maintain, total

number of square feet, total operating cost, date each lease expires, number of persons per building

and total number of vacant seats per building; and

     (N) Industry benchmark report which shall include total operating cost by full-time

equivalent employee, total operating cost by square foot and total square feet divided by full-time

equivalent employee;

     (28) To prepare a report to the chairs of the house and senate finance committees by

December 15, 2021, and each year thereafter of all current property owned by the state or leased

by any state agency or quasi-state agency to include the following information:

     (i) Total square feet for each building or leased space;

     (ii) Total square feet for each building and space utilized as office space currently;

     (iii) Location of each building or leased space;

     (iv) Ratio and listing of buildings owned by the state versus leased;

     (v) Total occupancy costs which shall include capital expenses, provided a proxy should

be provided to compare properties that are owned versus leased by showing capital expenses on

owned properties as a per square foot cost at industry depreciation rates;

     (vi) Expiration dates of leases;

     (vii) Number of workstations per building or leased space;

     (viii) Total square feet divided by number of workstations;

     (ix) Total number of vacant workstations;

     (x) Percentage of vacant workstations versus total workstations available;

     (xi) Date when an action is required by the state to renew or terminate a lease;

     (xii) Strategic plan for leases commencing or expiring by June 30, 2022, and each

subsequent year thereafter;

     (xiii) Map of all state buildings that provides: cost per square foot to maintain, total number

of square feet, total operating cost, date each lease expires, number of persons per building and

total number of vacant seats per building; and

     (xiv) Industry benchmark report that shall include total operating cost by full-time

equivalent employee, total operating cost by square foot and total square feet divided by full-time

equivalent employee;

     (29) To provide by December 31, 1995, the availability of automatic direct deposit to any

recipient of a state benefit payment, provided that the agency responsible for making that payment

generates one thousand (1,000) or more such payments each month;

     (30) To encourage municipalities, school districts, and quasi-public agencies to achieve

cost savings in health insurance, purchasing, or energy usage by participating in state contracts, or

by entering into collaborative agreements with other municipalities, districts, or agencies. To assist

in determining whether the benefit levels including employee cost sharing and unit costs of such

benefits and costs are excessive relative to other municipalities, districts, or quasi-public agencies

as compared with state benefit levels and costs; and

     (31) To administer a health benefit exchange in accordance with chapter 157 of this title.

 

Pl. 304 and 305

 (iii) In order to establish a full, comprehensive, and integrated statewide geographic

information system, and with input from the League of Cities and Towns, the department shall, by

January 31, 2025, publish a report to the speaker of the house, the president of the senate, and the

secretary of housing, which that evaluates:

     (A) The cost to establish and maintain a statewide platform;

     (B) The personnel needed to establish and maintain the system;

     (C) The organizational changes, if any, needed;

     (D) The data security costs and requirements;

     (E) The types of data needed from agencies and local governments to maintain the system

and the timeframe for obtaining that data; and

     (F) And otherOther items deemed integral to this goal.

 

   (26) To provide all necessary civil service tests for individuals seeking employment as

social workers at the department of human services at least twice each year and to maintain an

adequate hiring list for this position at all times;

 

Pl. 117 (Article 10)

 (26) To provide all necessary civil service tests for individuals seeking employment as

social workers at the department of human services at least twice each year and to maintain an

adequate hiring list for this position at all times;

     (27)(i) To prepare a report every three (3) months of all current property leases or rentals

by any state or quasi-state agency to include the following information:

 

   (ii) To prepare a report by October 31, 2014, of all current property owned by the state or

leased by any state agency or quasi-state agency to include the following information:

     (A) Total square feet for each building or leased space;

     (B) Total square feet for each building and space utilized as office space currently;

     (C) Location of each building or leased space;

     (D) Ratio and listing of buildings owned by the state versus leased;

     (E) Total occupancy costs which shall include capital expenses, provided a proxy should

be provided to compare properties that are owned versus leased by showing capital expenses on

owned properties as a per square foot cost at industry depreciation rates;

     (F) Expiration dates of leases;

     (G) Number of workstations per building or leased space;

     (H) Total square feet divided by number of workstations;

     (I) Total number of vacant workstations;

     (J) Percentage of vacant workstations versus total workstations available;

     (K) Date when an action is required by the state to renew or terminate a lease;

     (L) Strategic plan for leases commencing or expiring by June 30, 2016;

     (M) Map of all state buildings which provides: cost per square foot to maintain, total

number of square feet, total operating cost, date each lease expires, number of persons per building

and total number of vacant seats per building; and

     (N) Industry benchmark report which shall include total operating cost by full-time

equivalent employee, total operating cost by square foot and total square feet divided by full-time

equivalent employee;

     (28) To prepare a report to the chairs of the house and senate finance committees by

December 15, 2021 February 15, 2025, and each year thereafter of all current property owned by

the state or leased by any state agency or quasi-state agency to include the following information:

 

  (xiii) Master facility plans as required by § 42-11-2.9(a)(2);

     (xiii)(xiv) Map of all state buildings that provides: cost per square foot to maintain, total

number of square feet, total operating cost, date each lease expires, number of persons per building

and total number of vacant seats per building; and

     (xiv)(xv) Industry benchmark report related to office space that shall include total operating

cost by full-time equivalent employee, total operating cost by square foot and total square feet

divided by full-time equivalent employee;

 

 

754)

Section

Amended By Chapter Numbers:

 

42-11-10

105 and 106

 

 

42-11-10. Statewide planning program.

     (a) Findings. The general assembly finds that the people of this state have a fundamental

interest in the orderly development of the state; the state has a positive interest and demonstrated

need for establishment of a comprehensive, strategic state planning process and the preparation,

maintenance, and implementation of plans for the physical, economic, and social development of

the state; the continued growth and development of the state presents problems that cannot be met

by the cities and towns individually and that require effective planning by the state; and state and

local plans and programs must be properly coordinated with the planning requirements and

programs of the federal government.

     (b) Establishment of statewide planning program.

     (1) A statewide planning program is hereby established to prepare, adopt, and amend

strategic plans for the physical, economic, and social development of the state and to recommend

these to the governor, the general assembly, and all others concerned.

     (2) All strategic planning, as defined in subsection (c) of this section, undertaken by all

departments and agencies of the executive branch unless specifically exempted, shall be conducted

by or under the supervision of the statewide planning program. The statewide planning program

shall consist of a state planning council, and the division of planning, which shall be a division

within the department of administration.

     (c) Strategic planning. Strategic planning includes the following activities:

     (1) Establishing or identifying general goals;

     (2) Refining or detailing these goals and identifying relationships between them;

     (3) Formulating, testing, and selecting policies and standards that will achieve desired

objectives;

     (4) Preparing long-range or system plans or comprehensive programs that carry out the

policies and set time schedules, performance measures, and targets;

     (5) Preparing functional, short-range plans or programs that are consistent with established

or desired goals, objectives, and policies, and with long-range or system plans or comprehensive

programs where applicable, and that establish measurable, intermediate steps toward their

accomplishment of the goals, objectives, policies, and/or long-range system plans;

     (6) Monitoring the planning of specific projects and designing of specific programs of short

duration by the operating departments, other agencies of the executive branch, and political

subdivisions of the state to ensure that these are consistent with, and carry out the intent of,

applicable strategic plans; and

     (7) Reviewing the execution of strategic plans, and the results obtained, and making

revisions necessary to achieve established goals.

     (d) State guide plan. Components of strategic plans prepared and adopted in accordance

with this section may be designated as elements of the state guide plan. The state guide plan shall

be comprised of functional elements or plans dealing with land use; physical development and

environmental concerns; economic development; housing production; energy supply, including the

development of renewable energy resources in Rhode Island, and energy access, use, and

conservation; human services; climate change and resiliency; and other factors necessary to

accomplish the objective of this section. The state guide plan shall be a means for centralizing,

integrating, and monitoring long-range goals, policies, plans, and implementation activities related

thereto. State agencies concerned with specific subject areas, local governments, and the public

shall participate in the state guide planning process, which shall be closely coordinated with the

budgeting process.

     (e) Membership of state planning council. The state planning council shall consist of the

following members:

     (1) The director of the department of administration as chairperson;

     (2) The director, policy office, in the office of the governor, as vice-chairperson;

     (3) The governor, or his or her designee;

     (4) [Deleted by P.L. 2019, ch. 88, art. 4, § 13.]

     (5) The chairperson of the housing resources commission secretary of housing or designee;

     (6) The highest-ranking administrative officer of the division of planning, as secretary;

     (7) The president of the Rhode Island League of Cities and Towns or his or her designee;

     (8) The executive director of the Rhode Island League of Cities and Towns;

     (9) Three (3) chief elected officials of cities and towns appointed by the governor after

consultation with the Rhode Island League of Cities and Towns, one of whom shall be from a

community with a population greater than 40,000 persons; one of whom shall be from a community

with a population of between 20,000 and 40,000 persons; and one of whom shall be from a

community with a population less than 20,000 persons;

     (10) One representative of a nonprofit community development or housing organization

appointed by the governor;

     (11) Four (4) public members, appointed by the governor, one of whom shall be an

employer with fewer than fifty (50) employees; one of whom shall be an employer with greater

than fifty (50) employees; one of whom shall represent a professional planning or engineering

organization in Rhode Island; and one of whom shall represent a chamber of commerce or

economic development organization;

     (12) Two (2) representatives of private, nonprofit, environmental or environmental justice

advocacy organizations, both to be appointed by the governor;

     (13) The director of planning and development for the city of Providence;

     (14) The director of the department of transportation;

     (15) The director of the department of environmental management;

     (16) The director of the department of health;

     (17) The chief executive officer of the commerce corporation;

     (18) The commissioner of the Rhode Island office of energy resources;

     (19) The chief executive officer of the Rhode Island public transit authority;

     (20) The executive director of Rhode Island housing;

     (21) The executive director of the coastal resources management council; and

     (22) The director of the Rhode Island emergency management agency.

     (f) Powers and duties of state planning council. The state planning council shall have

the following powers and duties:

     (1) To adopt strategic plans as defined in this section and the long-range state guide plan,

and to modify and amend any of these, following the procedures for notification and public hearing

set forth in § 42-35-3, and to recommend and encourage implementation of these goals to the

general assembly, state and federal agencies, and other public and private bodies; approval of

strategic plans by the governor; and to ensure that strategic plans and the long-range state guide

plan are consistent with the findings, intent, and goals set forth in § 45-22.2-3, the “Rhode Island

comprehensive planning and land use regulation act”;

     (2) To coordinate the planning and development activities of all state agencies, in

accordance with strategic plans prepared and adopted as provided for by this section;

     (3) To review and comment on the proposed annual work program of the statewide

planning program;

     (4) To adopt rules and standards and issue orders concerning any matters within its

jurisdiction as established by this section and amendments to it;

     (5) To establish advisory committees and appoint members thereto representing diverse

interests and viewpoints as required in the state planning process and in the preparation or

implementation of strategic plans. At minimum, the state planning council shall appoint permanent

committees:

     (i) A technical committee, comprised of public members from different geographic areas

of the state representing diverse interests along with officials of state, local, and federal

government, who shall review all proposed elements of the state guide plan, or amendment or repeal

of any element of the plan, and shall advise the state planning council thereon before the council

acts on any such proposal. communities. This committee shall advise the state planning council on

issues related to local comprehensive planning and land use. This committee shall also advise the

state planning council on any other matter referred to it by the council; and

     (ii) An executive committee consisting of major participants of a Rhode Island geographic

information system with oversight responsibility for its activities; and

     (iii) A transportation advisory committee, made up of diverse representation, including,

but not limited to, municipal elected and appointed officials; representatives of various

transportation sectors, departments, and agencies; and other groups and agencies with an interest

in transportation operations, maintenance, construction, and policy, who shall review

transportation-related plans and amendments and recommend action to the state planning council;

     (6) To adopt, amend, and maintain, as an element of the state guide plan or as an

amendment to an existing element of the state guide plan, standards and guidelines for the location

of eligible, renewable energy resources and renewable energy facilities in Rhode Island with due

consideration for the location of such resources and facilities in commercial and industrial areas,

agricultural areas, areas occupied by public and private institutions, and property of the state and

its agencies and corporations, provided these areas are of sufficient size, and in other areas of the

state as appropriate;

     (7) To act as the single, statewide metropolitan planning organization for transportation

planning, and to promulgate all rules and regulations that are necessary thereto; and

     (8) To assist the Rhode Island infrastructure bank in establishing review criteria, evaluating

applications, approving and issuing grants, and to assist municipalities pursuant to the provisions

of chapter 11.4 of this title, and any rules or regulations promulgated thereunder.

     (g) Division of statewide planning.

     (1) The division of statewide planning shall be the principal staff agency of the state

planning council for preparing and/or coordinating strategic plans for the comprehensive

management of the state’s human, economic, and physical resources. The division of statewide

planning shall recommend to the state planning council specific guidelines, standards, and

programs to be adopted to implement strategic planning and the state guide plan and shall undertake

any other duties established by this section and amendments thereto.

     (2) The division of statewide planning shall maintain records (which shall consist of files

of complete copies) of all plans, recommendations, rules, and modifications or amendments thereto

adopted or issued by the state planning council under this section. The records shall be open to the

public.

     (3) The division of statewide planning shall manage and administer the Rhode Island

geographic information system of land-related resources, and shall coordinate these efforts with

other state departments and agencies, including the university of Rhode Island, which shall provide

technical support and assistance in the development and maintenance of the system and its

associated database.

     (4) The division of statewide planning shall coordinate and oversee the provision of

technical assistance to political subdivisions of the state in preparing and implementing plans to

accomplish the purposes, goals, objectives, policies, and/or standards of applicable elements of the

state guide plan and shall make available to cities and towns data and guidelines that may be used

in preparing comprehensive plans and elements thereof and in evaluating comprehensive plans and

elements thereby.

     (h) [Deleted by P.L. 2011, ch. 215, § 4, and by P.L. 2011, ch. 313, § 4.]

     (i) The division of planning shall be the principal staff agency of the water resources board

established pursuant to chapter 15 of title 46 (“Water Resources Board”) and the water resources

board corporate established pursuant to chapter 15.1 of title 46 (“Water Supply Facilities”).

 

 

755)

Section

Amended By Chapter Numbers:

 

42-11.1-3

228 and 229

 

 

42-11.1-3. Time period for payment.

     (a) All bills shall be paid within thirty (30) working calendar days of receipt of a proper

invoice or other contractual dates for periodic payments, except when a contractor has failed to

submit a bill in accordance with contractually imposed time frames.

     (b) Each contractor shall make payment to subcontractors within ten (10) seven (7) days of

receipt of payment by the state; provided, however, that the contractor may setoff a payment due

to a subcontractor by an amount equal to the amount of an unpaid legally enforceable debt owed

by the subcontractor to the contractor or any amount which the contractor is entitled to withhold

under the terms of the contract entered into by the contractor and subcontractor, or any amount

owed by the subcontractor to the contractor by way of a statutory obligation, or enforceable lien,

of which the contractor or subcontractor had previous knowledge or notice, or has reason to believe

exists.

     (c) This section shall not apply to contractors or subcontractors performing work pursuant

to a contract awarded by the department of transportation unless the subcontractor provides a

payment and performance bond in an amount equal to the contract between the contractor and

subcontractor.

 

756)

Section

Added By Chapter Numbers:

 

42-13-9

23 and 24

 

 

42-13-9. Monthly snapshot reports to be prepared by the department of

transportation.

     (a) As used herein:

     (1) The term "actions" refers to actions and efforts undertaken on the Washington Bridge,

including, but not limited to, repairs, alterations, and replacement of the bridge or any portion

thereof.

     (2) The term "snapshot report" refers to the Washington Bridge snapshot report required

pursuant to subsection (b) of this section.

     (3) The term "time period covered by the report" refers to the calendar month immediately

preceding the filing of the snapshot report.

     (4) The term "Washington Bridge" or "bridge" refers to a series of three structures which

that traverse the Seekonk River and connect India Point in the city of Providence to Watchemoket

Square in the city of East Providence, and which structures carry highways including Interstate

195, U.S. Route 6, U.S. Route 44, and U.S. Route 1A.

     (b)(1) The department of transportation (the "department") shall prepare and provide, on a

monthly basis, a report which that shall be deemed the "Washington Bridge snapshot report". The

snapshot report shall provide the general assembly with the information set forth in this section in

order to enable the general assembly to provide effective oversight as well as assistance to the

department in addressing ongoing developments with respect to the Washington Bridge. The

obligation of the department to provide the snapshot reports shall expire upon completion of the

restoration of the Washington Bridge, as certified by the department.

     (2) Within thirty (30) days of the passage of this act, a copy of the snapshot report shall be

filed on the first day of each month with:

     (i) The speaker of the house;

     (ii) The president of the senate;

     (iii) The office of the governor;

     (iv) The chairpersons of the house finance committee and house oversight committee; and

     (v) The chairpersons of the senate finance committee and senate oversight committee.

     (3) The snapshot report shall, at a minimum, contain information as described in

subsections (c) and (d) of this section.

     (c) The snapshot report shall contain the following:

     (1) An updated timeline regarding actions to be undertaken on the Washington Bridge,

including, but not limited to, repairs, alterations, or replacement of all or any portion of the bridge.

     (2) A list of consulting firms retained or utilized by the department in regard to any actions.

     (3) Data on traffic patterns over the bridge for the time period covered by the report,

including:

     (i) Adjustments or anticipated adjustments made to traffic patterns over the bridge,

including alternate routes and alternative modes of transportation to circumvent passage across the

bridge;

     (ii) The number, location, and time of all accidents, including motor vehicle, pedestrian,

cyclists, and construction personnel, on the bridge;

     (iii) The number, location, and time of all motor vehicle breakdowns on the bridge; and

     (iv) Issues with emergency vehicles, including, but not limited to, access to the bridge by

emergency vehicles and delays with emergency vehicles crossing the bridge.

     (4) Data on traffic delays for the time period covered by the report, including:

     (i) Average and maximum traffic delay times during the weekday morning rush hours of

seven (7:00) AM to ten (10:00) AM, and the afternoon rush hours of three (3:00) PM to six (6:00)

PM; and

     (ii) Average and maximum traffic delay times during weekends and holidays, and the time

of those delays.

     (5) An overview of costs related to actions on the bridge, including:

     (i) The projected costs for repairing the bridge and for replacing the bridge, and any

combination thereof and for any segments or portions thereof;

     (ii) The overtime costs submitted to the department for reimbursement for traffic details,

and police, fire, rescue, school, and related costs for the time period covered by the report;

     (iii) An overview of the direct effects, as best can be determined, on streets and roads in

East Providence and Providence impacted by the bridge closure, with an emphasis on increased

motor vehicle traffic and congestion on those streets and roads, for the time period covered by the

report; and

     (iv) Any data received by the department relating to any health effects on residents in the

vicinity of the bridge caused by increased motor vehicle traffic and congestion.

     (6) Any updates pertaining to pending investigations and audits related to the bridge.

     (7) Responses to questions submitted by the chair of the house oversight committee and

the chair of the senate oversight committee within each successive snapshot report.

     (d) Upon receipt of information reflecting an unexpected change in the anticipated progress

in repairing or replacing the Washington Bridge, the department shall promptly transmit the

information to the governor, the president of the senate, and the speaker of the house rather than

delay until the next snapshot report due date.

     (e) Each snapshot report shall be made public on the department's website, including any

website maintained by the department to specifically address the actions being taken on the

Washington Bridge.

 

 

757)

Section

Amended By Chapter Numbers:

 

42-14-5

318 and 319

 

 

42-14-5. Superintendents of banking and insurance.

     (a) The superintendents of banking and insurance shall administer the functions of the

department relating to the regulation and control of banking and insurance.

     (b) Wherever the words “banking administrator” or “banking commissioner” or “insurance

administrator” or "commissioner" or “insurance commissioner” occur in this chapter or any general

law, public law, act, or resolution of the general assembly or department regulation, they shall be

construed to mean superintendent of banking and superintendent of insurance except as delineated

in subsection (d) below.

     (c) “Health insurance” shall mean “health insurance coverage,” as defined in §§ 27-18.5-2

and 27-18.6-2, “health benefit plan,” as defined in § 27-50-3, and a “medicalMedicare supplement

policy,” as defined in § 27-18.2-1 or coverage similar to a Medicare supplement policy that is issued

to an employer to cover retirees, and dental coverage, including, but not limited to, coverage

provided by a nonprofit dental service plan as defined in § 27-20.1-1(3).

     (d) Whenever the words “commissioner,” “insurance commissioner,” “health insurance

commissioner,” or “director” appear in Title title 27 or Title title 42, those words shall be construed

to mean the health insurance commissioner established pursuant to § 42-14.5-1 with respect to all

matters relating to health insurance. The health insurance commissioner shall have sole and

exclusive jurisdiction over enforcement of those statutes with respect to all matters relating to

health insurance except for purposes of producer licensing or producer appointments.

     (e) Whenever the word “director” appears or is a defined term in title 19, this word shall

be construed to mean the superintendent of banking established pursuant to this section.

     (f) Whenever the word “director” or “commissioner” appears or is a defined term in title

27, this word shall be construed to mean the superintendent of insurance established pursuant to

this section except as delineated in subsection (d) of this section.

 

758)

Section

Amended By Chapter Numbers:

 

42-14.5-3.1

201 and 202

 

 

42-14.5-3.1. Reporting changes in federal law.

     If any provision of the federal Patient Protection and Affordable Care Act and/or its

implementing regulations relating to coverage for essential health benefits or preventive services

are determined by the commissioner to have been repealed or to have been declared invalid or

nullified by the final judgment of a federal court applicable to the state or by executive or

administrative action, which shall be deemed to include an action of the executive or judicial branch

that nullifies the effectiveness of the provision, such that the commissioner intends to take action

pursuant to the authority conferred on the commissioner pursuant to the authority granted by § 27-

18.5-11, § 27-18.6-3.2, or § 27-50-18, or if any provision of the federal Patient Protection and

Affordable Care Act and/or its implementing regulations relating to annual and/or lifetime limits is

similarly determined by the commissioner to no longer be in effect, the commissioner shall report

to the general assembly as soon as possible to describe the impact of the change and to make

recommendations regarding consumer protections, consumer choices, and stabilization and

affordability of the Rhode Island insurance market.

 

759)

Section

Amended By Chapter Numbers:

 

42-28.6

69 and 70

 

 

CHAPTER 42-28.6

LAW ENFORCEMENT OFFICERS’ DUE PROCESS, ACCOUNTABILITY, AND

TRANSPARENCY ACT

 

760)

Section

Added By Chapter Numbers:

 

42-28.6-1

69 and 70, 74 and 110

 

 

42-28.6-1. Definitions — Payment of legal fees.

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

     (1) "Course of training in police discipline" means a course or courses of instruction

approved by the Rhode Island police officers commission on standards and training ("commission")

which shall be taught by instructors approved by the commission regarding the provisions of this

chapter 28.6 of this title and the applicable procedure, evidence and rules that apply to police

discipline as provided pursuant to § 42-28.6-1.2.

     (1)(24) “Law enforcement officer” means any permanently employed city or town police

officer, state police officer, permanent law enforcement officer of the department of environmental

management, or those employees of the airport corporation of Rhode Island who have been granted

the authority to arrest by the director of said corporation. However this shall not include the chief

of police and/or the highest ranking sworn officer of any of the departments including the director

and deputy director of the airport corporation of Rhode Island.

     (2)(3)(i) “Hearing committee” means a committee acting as a deliberative body which is

authorized to hold a hearing on a complaint against a law enforcement officer and which consists

of three (3) five (5) members: one member appointed by the chief justice of the supreme court who

shall be a retired justice or judge of the supreme, superior, or district court; one member appointed

by the chief justice of the supreme court, who is a practicing attorney in good standing with the

supreme court, in consultation with the court's committee on racial and ethnic fairness and the

Rhode Island Bar Association and its committee on diversity, equity, and inclusion; and three (3)

active or retired qualified law enforcement officers employed by or retired from the state police or

a municipal law enforcement agency from within the state of Rhode Island, other than chiefs of

police, who have had no part in the investigation or interrogation of the law enforcement officer.

The committee shall be composed of three (3) members; one member selected by the chief or the

highest ranking officer of the law enforcement agency, one member selected by the aggrieved law

enforcement officer and the third member shall be selected by the other two (2) members. In the

event that the other two (2) members are unable to agree within five (5) days, then either member

will make application to the presiding justice of the superior court and the presiding justice shall

appoint the third member who shall be an active law enforcement officer who shall be selected at

random by the Rhode Island police officers commission on standards and training from the certified

officer pool established pursuant to § 42-28.6-1.1 at an open meeting pursuant to chapter 4246 of

title 4642. No law enforcement officer shall be selected that is employed by or retired from the

same law enforcement agency that employs the accused law enforcement officer or who is

employed by or retired from the charging law enforcement agency. The retired justice or judge

appointed by the chief justice of the supreme court shall serve as chairperson of the hearing

committee. Upon written application by a majority of the hearing committee, the presiding justice

chairperson, in his or hertheir discretion, may also appoint legal counsel to assist the hearing

committee.

     (ii) The law enforcement agency and the accused law enforcement officer under

investigation shall each be responsible to pay fifty percent (50%) of the legal fee of the appointed

legal counsel for the hearing committee; provided, however, that on motion made by either party,

the presiding justicechair of the hearing committee shall have the authority to make a different

disposition as to what each party is required to pay toward the appointed legal counsel’s legal fee.

     (3)(4)(2) “Hearing” means any meeting in the course of an investigatory proceeding, other

than an interrogation at which no testimony is taken under oath, conducted by a hearing committee

for the purpose of taking or adducing testimony or receiving evidence.

      (5) "Qualified law enforcement officer" means:

     (i) A sworn law enforcement officer who:

     (A) Has a minimum of five (5) years’ active service as a law enforcement officer with a

law enforcement agency within the state;

     (B) Has successfully completed a course(s) of training in police discipline pursuant to this

chapter and has maintained a current certification of completed training; and

     (C) Has not achieved the rank of chief, colonel, deputy chief, or lieutenant colonel;

     (ii) A retired law enforcement officer who has qualified prior to retirement or during

retirement and has met the criteria set out herein.

 

Pl. 74 and Pl. 110

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

     (1) “Law enforcement officer” means any permanently employed city or town police

officer, state police officer, permanent law enforcement officer of the department of environmental

management, or those employees of the airport corporation of Rhode Island who have been granted

the authority to arrest by the director president and CEO of said corporation. However this shall

not include the chief of police and/or the highest ranking sworn officer of any of the departments

including the director and deputy director president and CEO of the airport corporation of Rhode

Island.

     (2)(i) “Hearing committee” means a committee which is authorized to hold a hearing on a

complaint against a law enforcement officer and which consists of three (3) active or retired law

enforcement officers from within the state of Rhode Island, other than chiefs of police, who have

had no part in the investigation or interrogation of the law enforcement officer. The committee shall

be composed of three (3) members; one member selected by the chief or the highest ranking officer

of the law enforcement agency, one member selected by the aggrieved law enforcement officer and

the third member shall be selected by the other two (2) members. In the event that the other two (2)

members are unable to agree within five (5) days, then either member will make application to the

presiding justice of the superior court and the presiding justice shall appoint the third member who

shall be an active law enforcement officer. Upon written application by a majority of the hearing

committee, the presiding justice, in his or her discretion, may also appoint legal counsel to assist

the hearing committee.

     (ii) The law enforcement agency and the law enforcement officer under investigation shall

each be responsible to pay fifty percent (50%) of the legal fee of the appointed legal counsel for

the hearing committee; provided, however, that on motion made by either party, the presiding

justice shall have the authority to make a different disposition as to what each party is required to

pay toward the appointed legal counsel’s legal fee.

     (3) “Hearing” means any meeting in the course of an investigatory proceeding, other than

an interrogation at which no testimony is taken under oath, conducted by a hearing committee for

the purpose of taking or adducing testimony or receiving evidence.

 

761)

Section

Added By Chapter Numbers:

 

42-28.6-1.1

69 and 70

 

 

42-28.6-1.1. Certified officers pool and appointment to hearing panel.

     (a) There is hereby established a certified officers pool to be maintained by the Rhode

Island police officers commission on standards and training which shall consist of the names of

qualified law enforcement officers submitted to the Rhode Island police officers commission on

standards and training selected pursuant to the provisions of subsection (c) of this section.

     (b) The certified officers pool shall be the exclusive eligibility source of law enforcement

officers available for appointment to a hearing committee pursuant to the provisions of this chapter.

     (c) Each law enforcement agency in the state shall submit at least one but not more than

three (3) names of qualified law enforcement officers to the Rhode Island police officers

commission on standards and training. Each chief or highest ranking officer in each law

enforcement agency shall consult with the labor union and/or bargaining agent for the respective

agency and mutually agree upon the officers selected for service in the certified officers pool. If

the chief or highest ranking officer of a law enforcement agency and the labor union or bargaining

agent are unable to reach an agreement on an officer for service within the certified officers pool,

then the officer being considered will be disqualified from service.

     (d) Upon selection to the certified officers pool, a qualified law enforcement officer shall

remain a member of the pool until either disqualified or replaced.

     (f)(e) Any officer promoted to chief, colonel, deputy chief, or lieutenant colonel upon

termination or retirement from active service, or who otherwise fails to remain a qualified law

enforcement officer as defined in § 42-28.6-1 shall be disqualified from the certified officers pool.

Upon disqualification of an officer for appointment to the pool, or annually during the month of

January, any appointing authority may name an alternative qualified law enforcement officer to

replace the officer previously named to fill the position in the pool.

 

762)

Section

Added By Chapter Numbers:

 

42-28.6-1.2

69 and 70

 

 

42-28.6-1.2. Training in police discipline.

     (a) Prior to qualification and eligibility for appointment to the certified officers pool

established pursuant to the provisions of § 42-28.6-1.1, a law enforcement officer shall successfully

complete a course(s) of training in police discipline to be developed in accordance with the

provisions of this section.

     (b) The course(s) of instruction and the training shall be approved by the Rhode Island

police officers commission on standards and training after consultation with the superintendent of

the state police and the chief of the Providence police department.

     (c) The initial course of instruction and training shall include at a minimum six (6) hours

of instruction on the provisions of this chapter including the applicable hearing procedure pursuant

to this chapter, evidentiary standards, and standards of police conduct, including use of force and

racial and cultural bias.

     (d) Upon successful completion of training, the Rhode Island police officers commission

on standards and training shall provide a certification to the officer, after which the officer shall be

eligible to serve on a hearing committee.

     (e) The Rhode Island police officers commission on standards and training may require

that a law enforcement officer attend and successfully complete two (2) hours of additional training

every two (2) years to maintain current certification.

 

763)

Section

Added By Chapter Numbers:

 

42-28.6-1.3

69 and 70

 

 

42-28.6-1.3. Appointment of attorney to hearing panel.

     The Rhode Island Bar Association, in consultation with its committee on diversity, equity,

and inclusion, shall annually submit names of attorneys in good standing who express an interest

in serving on the hearing panel to the chief justice of the supreme court. In appointing an attorney

to serve on the hearing panel, the chief justice shall consult the list of names submitted annually to

the chief justice and shall name an attorney in consultation with the court's committee on racial and

ethnic fairness. Compensation shall be made through the court appointed counsel procedure.

 

764)

Section

Added By Chapter Numbers:

 

42-28.6-1.4

69 and 70

 

 

42-28.6-1.4. Conflict of interest.

     (a) The accused law enforcement officer or the representative of the law enforcement

agency may challenge the appointment of any member of the hearing committee for conflict of

interest or other substantive grounds justifying disqualification of an appointment. Any challenge

shall be heard and decided solely by the retired justice or judge appointed to serve as chairperson

unless the challenge is against the chairperson and then the challenge shall be heard by the chief

justice of the supreme court. If satisfactory evidence establishes conflict of interest or other

substantive grounds justifying disqualification of an appointed member, then a different member

shall be selected in the same manner as the disqualified appointment.

     (b) Any individual selected as a member of the hearing committee shall immediately

disclose to the chairperson any circumstance likely to give rise to reasonable doubt as to the

member's ability to render an impartial decision including, but not limited to, bias, prejudice, or

financial or personal interest in the result or outcome of the hearing. The obligation to disclose shall

remain in effect throughout the pendency of the hearing.

 

765)

Section

Amended By Chapter Numbers:

 

42-28.6-2

69 and 70

 

 

42-28.6-2. Conduct of investigation.

     (a) Whenever a law enforcement officer is under investigation or subjected to interrogation

by a law enforcement agency, for a non-criminal matter which could lead to disciplinary action,

demotion, or dismissal, the investigation or interrogation shall be conducted under the following

conditions:

     (1) The interrogation shall be conducted at a reasonable hour, preferably at a time when

the law enforcement officer is on duty.

     (2) The interrogation shall take place at an office within the department previously

designated for that purpose by the chief of police.

     (3) The accused law enforcement officer under interrogation shall be informed of the name,

rank, and command of the officer in charge of the investigation, the interrogating officer, and all

persons present during the interrogation. All questions directed to the officer under interrogation

shall be asked by and through one interrogator.

     (4) No complaint against a law enforcement officer shall be brought before a hearing

committee unless the complaint be duly sworn to before an official authorized to administer oaths.

     (5) The accused law enforcement officer under investigation shall, prior to any

interrogatinginterrogation, be informed in writing of the nature of the complaint and of the names

of all complainants.

     (6) InterrogatingInterrogation sessions shall be for reasonable periods and shall be timed

to allow for such personal necessities and rest periods as are reasonably necessary.

     (7) Any law enforcement officer under interrogation shall not be threatened with transfer,

dismissal, or disciplinary action.

     (8) If any law enforcement officer under interrogation is under arrest, or is likely to be

placed under arrest as a result of the interrogation, he or shethey shall be completely informed of

all his or he their rights prior to the commencement of the interrogation.

     (9) At the request of any accused law enforcement officer under interrogation, he or shethey

shall have the right to be represented by counsel of his or hertheir choice who shall be present at

all times during the interrogation. The interrogation shall be suspended for a reasonable time, not

exceeding seven (7) days, until representation can be obtained.

     (10) No statute shall abridge nor shall any law enforcement agency adopt any regulation

which prohibits the right of a an accused law enforcement officer to bring suit arising out of his or

hertheir duties as a law enforcement officer.

     (11) No law enforcement agency shall insert any adverse material into any file of the officer

unless the officer has an opportunity to review and receive a copy of the material in writing, unless

the officer waives these rights in writing.

     (12) No public statement shall be made prior to a decision being rendered by the hearing

committee and no public statement shall be made if the officer is found innocent unless the officer

requests a public statement; provided, however, that this subdivision shall not apply if the officer

makes a public statement. The foregoing shall not preclude a law enforcement agency, in a criminal

matter, from releasing information pertaining to criminal charges which have been filed against a

law enforcement officer, the officer’s status of employment and the identity of any administrative

charges brought against said officer as a result of said criminal charges.

     (13)(12) No law enforcement officer shall be compelled to speak or testify before, or be

questioned by, any non-governmental agency.

     (b) A chief, or designee shall not be prohibited from releasing any video evidence

consistent with the provisions of the access to public records act and the rules and regulations

promulgated pursuant to chapter 161 of this title42, or from making a public statement about or

concerning an incident or matter of public interest involving any law enforcement officer employed

by the chief's law enforcement agency. Provided, however, a chief, or designee shall be prohibited

from making a public statement about or concerning an incident or matter of public interest

involving any law enforcement officer employed by the chief's law enforcement agency as it relates

to summary suspensions imposed pursuant to § 42-28.6-13(I)(b). Any release of video as it relates

to a summary suspension imposed pursuant to § 42-28.6-13(I)(b) shall be consistent with the

provisions of the access to public records act and the rules and regulations promulgated pursuant

to chapter 161 of this title42.

     (c) Nothing in this chapter shall be construed as prohibiting the accused law enforcement

officer from making any public statement.

 

 

 

 

 

 

766)

Section

Amended By Chapter Numbers:

 

42-28.6-4

69 and 70

 

 

42-28.6-4. Right to hearing — Notice request for hearing — Selection of hearing

committee.

     (a) If the investigation or interrogation of a law enforcement officer results in the

recommendation of some action, such as demotion, transfer, dismissal, loss of pay, reassignment,

or similar action which would be considered a punitive measure, then, before taking such action,

the law enforcement agency shall give notice to the law enforcement officer that he or shethe

officer is entitled to a hearing on the issues by a hearing committee. The law enforcement officer

may be relieved of duty subject to § 42-28.6-13of this chapter, and shall receive all ordinary pay

and benefits as he or shethe officer would have if he or shethe officer were not charged.

     Disciplinary action for violation(s) of departmental rules and/or regulations shall not be

instituted against a an accused law enforcement officer under this chapter more than three (3) years

after such incident, except where such incident involves a potential criminal offense, in which case

disciplinary action under this chapter may be instituted at any time within the statutory period of

limitations for such offense.

     (b) Notice under this section shall be in writing and shall inform the law enforcement

officer of the following:

     (i) The nature of the charge(s) against him or herthem and, if known, the date(s) of the

alleged offense(s);

     (ii) The recommended penalty;

     (iii) The fact that he or shethe accused law enforcement officer has five (5) days from

receipt of the notice within which to submit a written request for a hearing; and

     (iv) The name and address of the officer to whom a written request for a hearing (and other

related written communications) should be addressed.

     (c) The accused law enforcement officer shall, within five (5) days of his or hertheir receipt

of notice given pursuant to subsection (b) herein, file a written request for hearing with the officer

designated in accordance with subdivisionsubsection (b)(iv) of this section. Failure to file a written

request for a hearing shall constitute a waiver of his or hertheir right to a hearing under this chapter;

provided, however, that the presiding justice of the superior court, upon petition and for good cause

shown, may permit the filing of an untimely request for hearing.

     (d) The law enforcement officer shall provide the charging law enforcement agency with

the name of one active or retired law enforcement officer to serve on the hearing committee, within

five (5) days of the filing of his or her request for a hearing. Failure by the law enforcement officer

to file his or her filing committee selection within the time period shall constitute a waiver of his

or her right to a hearing under this chapter; provided, however, that the presiding justice of the

superior court, upon petition and for good cause shown, may permit the filing of an untimely

hearing committee selection by the officer. The charging law enforcement agency may impose the

recommended penalty during the pendency of any such petition.

     (e) The charging law enforcement agency shall provide the law enforcement officer with

the name of one active or retired law enforcement officer to serve on the hearing committee, within

five (5) days of its receipt of the officer’s request for a hearing. Failure by the charging law

enforcement agency to file its hearing committee selection within that time period shall constitute

a dismissal of all charges against the law enforcement officer, with prejudice; provided, however,

that the presiding justice of the superior court, upon petition and for good cause shown, and permit

the filing of an untimely hearing committee selection by the agency. Except as expressly provided

in § 42-28.6-13 of this chapter, no disciplinary action shall be taken against the officer by virtue

of the stated charges during the pendency of any such petition.

     (f) Within five (5) days of the charging law enforcement agency’s selection of a hearing

committee member, the hearing committee members selected by the officer and by the agency

shall:

     (i) Jointly select a third hearing committee member, who shall serve as chairperson of the

hearing committee;

     (ii) Petition the presiding justice of the superior court to select a third hearing committee

member, who shall be an active law enforcement officer, and who shall serve as chairperson of the

hearing committee; or

     (iii) Agree to an extension of time, not to exceed thirty (30) days, for the selection of a third

hearing committee member.

     (d) Upon receipt of the notice requesting a hearing pursuant to the provisions of subsection

(c) of this section, the police chief or highest ranking officer in the law enforcement agency shall,

within five (5) days, notify the chief justice of the Rhode Island supreme court requesting that a

retired justice or judge be assigned to serve as chairperson of the hearing committee defined in §

42-28.6-1. Within five (5) days of receipt of the request, the chief justice shall assign a retired

justice or judge to serve as chairperson of the committee and an attorney to serve on the hearing

committee consistent with the requirements set out in § 42-28.6-1.3.

     (e) The chairperson of the hearing committee shall, within five (5) days of appointment:

     (1) Request the Rhode Island police officers commission on standards and training to

randomly select three (3) officers from the certified officer pool.

     (f) The chairperson of the hearing committee shall convene an initial meeting or hearing of

the committee within thirty (30) days of the chair's appointment pursuant to the provisions of this

chapter.

     (g) Law enforcement officers selected to serve on a hearing committee under this chapter

shall be relieved of duty for each day of actual hearing and shall be compensated by their respective

agencies at their ordinary daily rate of pay for each day actually spent in the conduct of the hearing

hereunder.

     (h) Two (2) lists of active police officers available to serve as chairpersons of hearing

committees under this chapter shall be provided annually to the presiding justice of the superior

court. One list shall be provided by the Rhode Island Police Chiefs’ Association; the other shall be

appointed, jointly, by the Fraternal Order of Police and the International Brotherhood of Police

Officers. In selecting officers to serve as chairpersons of hearing committees under this chapter,

the presiding justice shall alternate between the two (2) lists so provided.

     (i)(h) Whenever a law enforcement officer faces disciplinary action as a result of criminal

charges, the provisions of subsections (c), (d), (e), and (f) shall be suspended pending the

adjudication of said criminal charges.

 

767)

Section

Amended By Chapter Numbers:

 

42-28.6-5

69 and 70

 

 

42-28.6-5. Conduct of hearing.

     (a) The hearing shall be conducted by the hearing committee selected in accordance with

the provisions § 42-28.6-4 of this chapter. Both the law enforcement agency and the accused law

enforcement officer shall be given ample opportunity to present evidence and argument with

respect to the issues involved. Both may be represented by counsel.

     (b) The hearing shall be convened at the call of the chair; shall commence within thirty

(30) days after the selection of a chairperson of the hearing committee; and shall be completed

within sixty (60) days of the commencement of the hearing. The hearing committee shall render a

written decision within thirty (30) days after the conclusion of the hearing. The time limits

established in this subsection may be extended by the presiding justice of the superior

courtchairperson for good cause shown.

     (c) Not less than ten (10) days prior to the first hearing date, the charging law enforcement

agency shall provide to the accused law enforcement officer:

     (i) A list of all witnesses, known to the agency at that time, to be called by the agency to

testify at the hearing;

     (ii) Copies of all written and/or recorded statements by such witnesses in the possession of

the agency; and

     (iii) A list of all documents and other items to be offered as evidence at the hearing.

     (d) Not less than five (5) days prior to the first hearing date, the accused law enforcement

officer shall provide to the charging law enforcement agency a list of all witnesses, known to the

officer at that time, to be called by the officer to testify at the hearing.

     (e) Failure by either party to comply with the provisions of subsections (c) and (d) of this

section shall result in the exclusion from the record of the hearing of testimony and/or evidence not

timely disclosed in accordance with those subsections. If the charging agency or the accused law

enforcement officer fails to comply with the provisions of subsectionssubsection (c) or (d) of this

section, then, upon the request of the other party, the chairperson shall consider the following

factors in assessing a discretionary sanction, if any:

     (1) The reason for the non-disclosurenondisclosure;

     (2) The extent of prejudice to the opposing party;

     (3) The feasibility of rectifying that prejudice by a continuance; and

     (4) Any other relevant factors.

     (f) The permissible sanctions the chairperson may impose pursuant to subsection (e) of this

section are: exclusion of a witness from testifying; exclusion of a witness from testifying about

certain matters; and/or the exclusion of written or recorded statements, documents, or other items

from evidence. The chairperson shall give due deference to serving the public interest and the

interest of justice when imposing any such sanctions and shall make findings on the record

consistent with the factors enumerated herein.

 

768)

Section

Amended By Chapter Numbers:

 

42-28.6-6

69 and 70

 

 

42-28.6-6. Evidence at hearing — Hearing record.

     (a) Evidence which possesses probative value commonly accepted by reasonable and

prudent persons in the conduct of their affairs shall be admissible and shall be given probative

effect. The hearing committee conducting the hearing shall give effect to the rules of privilege

recognized by law, and may exclude incompetent, irrelevant, immaterial, and unduly repetitious

evidence. All records and documents which any party desires to use shall be offered and made part

of the record.

     (b) No statements, documents and/or other evidence and no copies of any statements,

documents and/or other evidence shall be presented to the hearing committee prior to the hearing.

     (c) All proceedings before the hearing committee shall be recorded by stenographic record,

the expense of which shall be borne by the charging law enforcement agency. A copy of the record

shall be provided to the accused law enforcement officer or his or hertheir attorney or representative

of record upon request.

 

769)

Section

Amended By Chapter Numbers:

 

42-28.6-11

69 and 70

 

 

42-28.6-11. Decisions of hearing committee.

     (a) The hearing committee shall be empowered by majority vote to sustain, modify in

whole or in part, or reverse the complaint or charges of the investigating authority, as provided in

§ 42-28.6-4.

     (b) Any decision, order, or action taken as a result of the hearing shall be in writing and

shall be accompanied by findings of fact. The findings shall consist of a concise statement upon

each issue in the case. Copies of the decision or order and accompanying findings and conclusions

shall be delivered or mailed promptly to the accused law enforcement officer or to his or hertheir

attorney or representative of record and to the law enforcement agency or to its attorney or

representative of record.

     (c) In any proceeding under this chapter, it shall be the burden of the charging law

enforcement agency to prove, by a fair preponderance of the evidence, that the accused law

enforcement officer is guilty of the offense(s) or violation(s) of which he or sh the officer is

accused.

     (d) Copies of any decision, order, or action taken indicating guilt of the accused officer of

any offense or violation shall be transmitted promptly to the Rhode Island police officers

commission on standards and training established pursuant to chapter 28.2 of this title, and shall be

reviewed and considered with respect to any subsequent request to the commission to approve a

reinstatement, assignment, transfer, or employment of the accused law enforcement officer.

     (e) The chairperson shall create an administrative record of each hearing, which shall

include the notice provided pursuant to § 42-28.6-4(b), the request for a hearing provided pursuant

to § 42-28.6-4(c), any assignments and notices to members of the committee, the record of the

hearing, the decision of the committee, and any notice of appeal. Upon completion of the hearing

and notification of the decision to the accused law enforcement officer and to the charging law

enforcement agency, the chairperson shall transmit a complete and accurate copy of the

administrative record to the chief justice of the Rhode Island supreme court and to the Rhode Island

police officers commission on standards and training.

     (f) The Rhode Island police officers commission on standards and training shall

permanently maintain the administrative record of all hearings conducted pursuant to this chapter.

     (g) The Rhode Island police officers commission on standards and training shall publish

on its website in analyzable machine-readable format a report reflecting the status of all pending

hearings in addition to any decision, order, or action taken indicating guilt of the accused officer of

any offense or violation, including the name of the officer, the officer's employing agency, and the

misconduct the officer committed or is alleged to have committed. However, disciplinary actions

subject to § 42-28.6-13(I)(b) shall not be subject to these provisions.

     (h) The Rhode Island police officers commission on standards and training shall report any

suspension, decision, order, or action taken indicating guilt of the accused officer of any offense or

violation except those summary suspensions pursuant to § 42-28.6-13(I)(b) to the national

decertification index maintained by the International Association of Directors of Law Enforcement

Standards and Training. The commission may issue regulations identifying other similar national

or regional indices to which it wishes to contribute discipline information. In the event that the

federal government establishes a nationwide decertification index, the commission shall submit

information to that index.

 

770)

Section

Amended By Chapter Numbers:

 

42-28.6-13

69 and 70

 

 

42-28.6-13. Suspensions.

     I. Suspensions -- Summary punishment.

     (a) The provisions of this chapter are not intended to prohibit suspensions by the chief or

the highest ranking officer of the law enforcement agency.

     (b) Summary punishment of two (2)up to five (5) working days’ suspension without pay

may be imposed for minor violations of departmental rules and regulations.

     (c) Summary punishment of up to fourteen (14) working days without pay may be imposed

subsequent to a formal complaint filed with the department for the following violations of

departmental rules and regulations that do not result in pending criminal charges requiring

discipline pursuant to the remaining provisions of this section:

     (1) The use of deadly force in violation of departmental rules and regulations;

     (2) Excessive force or use of force that leads to serious physical injury or death in violation

of departmental rules and regulations;

     (3) Felonious conduct, including conduct that rises to a felony domestic violence as defined

in § 12-29-2(a), in violation of departmental rules and regulations; and/or

     (4) Professional dishonesty relating to the reporting, investigation, or prosecution of a

crime or to the reporting or investigation of misconduct by another law enforcement officer in

violation of departmental rules and regulations.

     (d) The sole and exclusive remedy for appeals of summary punishments under subsections

(b) and (c) of this section shall be subject to the grievance and arbitration provisions of the accused

law enforcement officer’s collective bargaining agreement.

     II. Suspensions -- Disciplinary action.

     (c)(a) Suspension may be imposed by the chief or the highest ranking sworn officer of the

law enforcement agency when the accused law enforcement officer is under investigation for a

criminal felony matter. Any suspension shall consist of the accused law enforcement officer being

relieved of duty, and he or shethey shall receive all ordinary pay and benefits as he or shethey

would receive if he or shethey were not suspended. Suspension under this subsection shall not

exceed one hundred eighty (180) days.

     (b) In cases where felonious conduct by a law enforcement officer results in a felony arrest,

in which the law enforcement officer is charged, indicted, or informed against, including an arrest

for a felony domestic violence offense, nothing shall prohibit the imposition of a suspension

without pay. Where the law enforcement officer is acquitted of the felony charge or where the

felony charge has been dismissed in its entirety, the law enforcement officer shall be entitled to be

made whole.

     (d)(c) Suspension may be imposed by the chief or highest ranking sworn officer of the law

enforcement agency when the accused law enforcement officer inis under investigation for a

misdemeanor criminal matter. Any such suspension shall consist of the accused law enforcement

officer being relieved of duty, and he or shethey shall receive all ordinary pay and benefits as he or

shethey would receive if he or shethey were not suspended. Suspension under this subsection shall

not exceed thirty (30) days; provided, however, that if an accused officer is charged with a

misdemeanor offense the chief or highest ranking sworn officer of the law enforcement agency

may continue said suspension with pay up to a total of one hundred and eighty (180) days. If the

disposition of the criminal matter does not take place within one hundred eighty (180) days of the

commencement of such suspension, the accused law enforcement officer may be suspended without

pay and benefits; provided, however, that the accused officer’s entitlement to such medical

insurance, dental insurance, disability insurance, and life insurance as is available to all other

officers within the agency shall not be suspended. The accused law enforcement officer may

petition the presiding justice of the superior court for a stay of the suspension without pay, and such

stay shall be granted upon a showing that said delay in the criminal disposition was outside the

accused law enforcement officer’s control. In the event the accused law enforcement officer is

acquitted of any misdemeanor related thereto, the officer shall be forthwith reinstated and

reimbursed all salary and benefits that have not been paid during the suspension period.

     (e)(d) Suspension may be imposed by the chief or highest ranking sworn officer of the law

enforcement agency when the accused law enforcement officer is under investigation for a

noncriminal matter. Any such suspension shall consist of the accused law enforcement officer being

relieved of duty, and he or shethey shall receive all ordinary pay and benefits as he or shethey

would receive if he or shethey were not suspended. Suspension under this subsection shall not

exceed fifteen (15) days or any other time frame established under the provisions of any applicable

collective bargaining agreement.

     (f)(e) Suspension may be imposed by the chief or highest ranking sworn officer of the law

enforcement agency upon receipt of notice or disciplinary action in accordance with § 42-28.6-4(b)

of this chapter in which termination or demotion is the recommended punishment. Any such

suspension shall consist of the accused law enforcement officer being relieved of duty, and he or

shethey shall receive all ordinary pay and benefits as he or shethey would receive if he or shethey

were not so suspended.

     (g)(f) Any law enforcement officer who is charged, indicted, or informed against for a

felony or who is convicted of and incarcerated for a misdemeanor may be suspended without pay

and benefits at the discretion of the agency or chief or highest ranking sworn officers; provided,

however, that the accused officer’s entitlement to medical insurance, dental insurance, disability

insurance, and life insurance as is available to all other officers within the agency shall not be

suspended. In the event that the law enforcement officer is acquitted of any felony related thereto,

the officer shall be reinstated and reimbursed forthwith for all salary and benefits that have not been

paid during the suspension period.

     (h)(g) Any law enforcement officer who is convicted of a felony shall, pending the

prosecution of an appeal, be suspended without pay and benefits; provided, however, that the

accused officer’s entitlement to such medical insurance, dental insurance, disability insurance, and

life insurance as is available to all other officers within the agency shall not be suspended.

Whenever, upon appeal, such conviction is reversed, the suspension under this subsection shall

terminate and the law enforcement officer shall forthwith be paid the salary and benefits that would

have been paid to him or herthem during that period of suspension.

     (i)(h) In the disposition of a criminal case, no matter the jurisdiction, any Any law

enforcement officer who pleads guilty, enters an Alford plea, or no contestpleads nolo contendere

to a felony charge, even if followed by a sentence of probation, or who makes an admission of

sufficient facts to sustain the felony charge or charges, or whose conviction of a felony has, after

or in the absence of a timely appeal, become final mayshall be dismissed by the law enforcement

agency and, in the event of such dismissal, other provisions of this chapter shall not apply. A

dismissal of a law enforcement officer pursuant to the provisions of this subsection shall be

immediately reported to the Rhode Island police officers commission on standards and training,

established pursuant to chapter 28.2 of this title.

 

771)

Section

Amended By Chapter Numbers:

 

42-28.6-15

69 and 70

 

 

42-28.6-15. Exclusivity of remedy.

     The remedies contained herein shall be the sole and exclusive remedies for all law

enforcement officers subject to the provisions of this chapter. Provided that no collective bargaining

agreement (CBA) or contract entered into or made effective thirty (30) days after passage shall

contain any provision modifying, changing, or contravening the provisions of this section. Any

provision in a CBA or contract modifying, changing, or contravening the provisions of this section

contained within a CBA or contract entered into or made effective thirty (30) days after passage

shall be void as a violation of public policy.

 

772)

Section

Added By Chapter Numbers:

 

42-28.6-18

69 and 70

 

 

42-28.6-18. Reports of hearings.

     (a) The Rhode Island police officers commission on standards and training shall, no later

than December 31, 2025, and annually thereafter by December 31, submit a comprehensive report

to the governor, the speaker of the house, and the senate president regarding all hearings conducted

pursuant to this chapter since the effective date of this section or the filing of the previous report,

whichever is later.

     (b) The reports to be submitted pursuant to this section shall include the following

information for each hearing:

     (1) The identity, rank, assignment, or job duties of the accused law enforcement officer

when charges were initiated pursuant to this chapter;

     (2) The department or law enforcement agency employing the officer at the time charges

were initiated, including any information relative to the officer being on loan to another law

enforcement agency at the time of the alleged violation;

     (3) The department or agency, rank, assignment, position or job duty of each law

enforcement officer assigned to the hearing committee;

     (4) The specific charges and/or allegations brought against the accused law enforcement

officer;

     (5) The finding or conclusion with respect to each charge and/or allegation;

     (6) The identity of all members of the hearing committee and the vote of each member

pertaining to each charge and/or allegation;

     (7) If known, whether an appeal of the hearing committee decision was filed, and the status

of any appeal; and

     (8) Any other information the director deems appropriate.

 

773)

Section

Amended By Chapter Numbers:

 

42-61.2-3.2

213 and 214

 

 

42-61.2-3.2. Gaming credit authorized.

     (a) Authority. In addition to the powers and duties of the state lottery director under §§ 42-

61-4, 42-61.2-3, 42-61.2-3.1 and 42-61.2-4, the division shall authorize each licensed video lottery

retailer to extend credit to players pursuant to the terms and conditions of this chapter.

     (b) Credit. Notwithstanding any provision of the general laws to the contrary, including,

without limitation, § 11-19-17, except for applicable licensing laws and regulations, each licensed

video lottery retailer may extend interest-free, unsecured credit to its patrons for the sole purpose

of such patrons making wagers at table games and/or video lottery terminals and/or for the purpose

of making sports wagering bets, at the licensed video lottery retailer’s facility subject to the terms

and conditions of this chapter.

     (c) Regulations. Each licensed video lottery retailer shall be subject to rules and regulations

submitted by licensed video lottery retailers and subject to the approval of the division of lotteries

regarding procedures governing the extension of credit and requirements with respect to a credit

applicant’s financial fitness, including, without limitation: annual income; debt-to-income ratio;

prior credit history; average monthly bank balance; and/or level of play. The division of lotteries

may approve, approve with modification, or disapprove any portion of the policies and procedures

submitted for review and approval.

     (d) Credit applications. Each applicant for credit shall submit a written application to the

licensed video lottery retailer that shall be maintained by the licensed video lottery retailer for three

(3) years in a confidential credit file. The application shall include the patron’s name; address;

telephone number; social security number; comprehensive bank account information; the requested

credit limit; the patron’s approximate amount of current indebtedness; the amount and source of

income in support of the application; the patron’s signature on the application; a certification of

truthfulness; and any other information deemed relevant by the licensed video lottery retailer or the

division of lotteries.

     (e) Credit application verification. As part of the review of a credit application and before

an application for credit is approved, the licensed video lottery retailer shall verify:

     (1) The identity, creditworthiness, and indebtedness information of the applicant by

conducting a comprehensive review of:

     (i) The information submitted with the application;

     (ii) Indebtedness information regarding the applicant received from a credit bureau; and/or

     (iii) Information regarding the applicant’s credit activity at other licensed facilities that the

licensed video lottery retailer may obtain through a casino credit bureau and, if appropriate, through

direct contact with other casinos.

     (2) That the applicant’s name is not included on an exclusion or self-exclusion list

maintained by the licensed video lottery retailer and/or the division of lotteries.

     (3) As part of the credit application, the licensed video lottery retailer shall notify each

applicant in advance that the licensed video lottery retailer will verify the information in

subsections (e)(1) and (e)(2) and may verify any other information provided by the applicant as

part of the credit application. The applicant is required to acknowledge in writing that he or she

understands that the verification process will be conducted as part of the application process and

that he or she consents to having said verification process conducted.

     (f) Establishment of credit. After a review of the credit application, and upon completion

of the verification required under subsection (e), and subject to the rules and regulations approved

by the division of lotteries, a credit facilitator may approve or deny an application for credit to a

player. The credit facilitator shall establish a credit limit for each patron to whom credit is granted.

The approval or denial of credit shall be recorded in the applicant’s credit file that shall also include

the information that was verified as part of the review process, and the reasons and information

relied on by the credit facilitator in approving or denying the extension of credit and determining

the credit limit. Subject to the rules and regulations approved by the division of lotteries, increases

to an individual’s credit limit may be approved by a credit facilitator upon receipt of a written

request from the player after a review of updated financial information requested by the credit

facilitator and re-verification of the player’s credit information.

     (g) Recordkeeping. Detailed information pertaining to all transactions affecting an

individual’s outstanding indebtedness to the licensed video lottery retailer shall be recorded in

chronological order in the individual’s credit file. The financial information in an application for

credit and documents related thereto shall be confidential. All credit application files shall be

maintained by the licensed video lottery retailer in a secure manner and shall not be accessible to

anyone not a credit facilitator or a manager or officer of a licensed video lottery retailer responsible

for the oversight of the extension of credit program.

     (h) Reduction or suspension of credit. A credit facilitator may reduce a player’s credit limit

or suspend his or her credit to the extent permitted by the rules and regulations approved by the

division of lotteries and shall reduce a player’s credit limit or suspend a player’s credit limit as

required by said rules and regulations.

     (i) Voluntary credit suspension. A player may request that the licensed video lottery retailer

suspend or reduce his or her credit. Upon receipt of a written request to do so, the player’s credit

shall be reduced or suspended as requested. A copy of the request and the action taken by the credit

facilitator shall be placed in the player’s credit application file.

     (j) Liability. In the event that a player fails to repay a debt owed to a licensed video lottery

retailer resulting from the extension of credit by that licensed video lottery retailer, neither the state

of Rhode Island nor the division of lotteries shall be responsible for the loss and said loss shall not

affect net table-game revenue or net terminal income. A licensed video lottery retailer, the state of

Rhode Island, the division of lotteries, and/or any employee of a licensed video lottery retailer,

shall not be liable in any judicial or administrative proceeding to any player, any individual, or any

other party, including table game players or individuals on the voluntary suspension list, for any

harm, monetary or otherwise, that may arise as a result of:

     (1) Granting or denial of credit to a player;

     (2) Increasing the credit limit of a player;

     (3) Allowing a player to exercise his or her right to use credit as otherwise authorized;

     (4) Failure of the licensed video lottery retailer to increase a credit limit;

     (5) Failure of the licensed video lottery retailer to restore credit privileges that have been

suspended, whether involuntarily or at the request of the table game patron; or

     (6) Permitting or prohibiting an individual whose credit privileges have been suspended,

whether involuntarily or at the request of the player, to engage in gaming activity in a licensed

facility while on the voluntary credit suspension list.

     (k) Limitations. Notwithstanding any other provision of this chapter, for any extensions of

credit, the maximum amount of outstanding credit per player shall be fifty thousand dollars

($50,000) one hundred thousand dollars ($100,000).

 

774)

Section

Amended By Chapter Numbers:

 

42-61.3-1

362 and 363

 

 

42-61.3-1. Gaming enforcement unit.

     (a) The superintendent of the state police shall establish a gaming enforcement unit within

the state police.

     (b) The gaming enforcement unit shall work both independently and in conjunction and

cooperation with the division of state lottery and the department of business regulation to ensure

the integrity of casino gaming activities in the state.

     (c) The superintendent of the state police shall assign such supervisory and investigative

personnel and other resources to the gaming enforcement unit as may be necessary to fulfill its

obligations under this chapter. No person assigned to the casino gaming unit, other than in the

performance of his/her their official duties, shall place a wager in a facility licensed by the division

of state lottery, or place a wager on any server-based gaming system as defined in § 42-61.2-1,

within the state.

     (d) The gaming enforcement unit’s responsibilities shall include, but not be limited to:

     (1) Conducting due diligence investigations and background investigations with respect to

entities and individuals required to be licensed by the division and/or the department of business

regulation;

     (2) Monitoring for and investigating potential criminal activity; and

     (3) Taking any and all actions necessary to enforce the criminal laws related to casino

gaming activities.

     (e) Any and all individuals and/or entities licensed by the division of state lottery and/or

the department of business regulation shall cooperate with the gaming enforcement unit in the

performance of its duties.

     (f) The gaming enforcement unit may independently conduct gaming-related investigations

and background investigations that require out-of-state travel and other relevant and necessary

investigatory needs. It shall be the responsibility of the applicant and/or licensee, as applicable, to

reimburse the state police for all travel-related expenses and other relevant and necessary

investigatory expenses incurred while conducting gaming-related investigations and background

investigations.

     (g) Notwithstanding any other provisions of the general laws, at any time members of the

gaming enforcement unit shall have the power to enter the premises of a gaming facility licensed

by the division of state lottery at any time, to the extent permissible under the constitutions of the

state of Rhode Island and the United States of America, through its investigators and law

enforcement personnel at any time or the premises of any facility leased or owned in whole or in

part by such gaming facility, or access any server-based gaming system, as defined in § 42-61.2-1,

or associated technology, without notice for the following purposes:

     (1) To inspect and examine the premises of a gaming facility where casino gaming

activities are conducted;

     (2) To inspect, examine, and/or seize any and all tangible property related to casino gaming

activities;

     (3) To inspect, examine, seize, and/or audit all computers, books, ledgers, documents,

writing, photocopies, correspondence, records, videotapes, including electronically stored records,

money receptacles, other containers and their contents, and equipment in or on which the records

are stored at a licensed gaming facility, its parking areas and/or adjacent buildings and structures

on the premises of the gaming facility, or the premises of any facility leased or owned in whole or

in part by such gaming facility;

     (4) To conduct criminal investigations into violations of the criminal laws or the rules and

regulations promulgated thereto;

     (5) To eject, exclude, or authorize the ejection or exclusion of a person from a gaming

facility and/or a server-based gaming system as defined in § 42-61.2-1, and its associated

technology if the person allegedly violated any criminal law, or when the division of state lottery

or the casino gaming unit determines that the person’s conduct or reputation is such that his or her

the person’s presence within the gaming facility and/or the server-based gaming system, as defined

in § 42-61.2-1, and its associated technology, may compromise the honesty and integrity of casino

gaming activities or interfere with the orderly conduct of casino gaming activities. Nothing herein

shall preclude any other law enforcement or regulatory agency from having similar authority as

otherwise permitted by law or regulation; and

     (6) Take any and all other actions as may be reasonable or appropriate to carry out their

duties and responsibilities under this chapter.

 

775)

Section

Amended By Chapter Numbers:

 

42-63.1-2

413 and 437

 

 

42-63.1-2. Definitions.

     For the purposes of this chapter:

     (1) “Consideration” means the monetary charge for the use of space devoted to transient

lodging accommodations.

     (2) “Corporation” means the Rhode Island commerce corporation.

     (3) “District” means the regional tourism districts set forth in § 42-63.1-5.

     (45) “Hotel” means any facility offering a minimum of one (1) room for which the public

may, for a consideration, obtain transient lodging accommodations. The term “hotel” shall include

hotels, motels, tourist homes, tourist camps, lodging houses, and inns. The term “hotel” shall also

include houses, condominiums, or other residential dwelling units, regardless of the number of

rooms, which are used and/or advertised for rent for occupancy. The term “hotel” shall not include

schools, hospitals, sanitariums, nursing homes, and chronic care centers.

     (54) “Hosting platform” means any electronic or operating system in which a person or

entity provides a means through which an owner may offer a residential unit for “tourist or

transient” use. This service is usually, though not necessarily, provided through an online or web-

based system which generally allows an owner to advertise the residential unit through a hosted

website and provides a means for a person or entity to arrange, or otherwise facilitate reservations

for, tourist or transient use in exchange for payment, whether the person or entity pays rent directly

to the owner or to the hosting platform. All hosting platforms are required to collect and remit the

tax owed under this section.

     (6) “Occupancy” means a person, firm, or corporation’s use of space for transient lodging

accommodations not to exceed thirty (30) days. Excluded from “occupancy” is the use of space for

which the occupant has a written lease for the space, which lease covers a rental period of twelve

(12) months or more. Furthermore, any house, condominium, or other residential dwelling rented,

for which the occupant has a documented arrangement for the space covering a rental period of

more than thirty (30) consecutive days or for one calendar month is excluded from the definition

of occupancy.

     (79) “Tax” means the hotel tax imposed by § 44-18-36.1(a).

     (87) “Owner” means any person who owns real property and is the owner of record. Owner

shall also include a lessee where the lessee is offering a residential unit for “tourist or transient”

use.

     (98) “Residential unit” means a room or rooms, including a condominium or a room or a

dwelling unit that forms part of a single, joint, or shared tenant arrangement, in any building, or

portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied for non-

commercial use.

     (1011) “Tour operator” means a person that derives a majority of his or hertheir or its

revenue by providing tour operator packages.

     (1112) “Tour operator packages” means travel packages that include the services of a tour

guide and where the itinerary encompasses five (5) or more consecutive days.

     (1210) “Tourist or transient” means any use of a residential unit for occupancy for less than

a thirty (30) consecutive day term of tenancy, or occupancy for less than thirty (30) consecutive

days of a residential unit leased or owned by a business entity, whether on a short-term or long-

termsterm basis, including any occupancy by employeeemployees or guests of a business entity

for less than thirty (30) consecutive days where payment for the residential unit is contracted for or

paid by the business entity.

 

776)

Section

Amended By Chapter Numbers:

 

42-63.1-14

403 (Article 1) and 413 and 437

 

 

42-63.1-14. Offering residential units through a hosting platform.

     (a) For any rental property offered for tourist or transient use on a hosting platform that

collects and remits applicable sales and hotel taxes in compliance with §§ 44-18-7.3(b)(4)(i), 44-

18-18, and 44-18-36.1, cities, towns, or municipalities shall not prohibit the owner from offering

the unit for tourist or transient use through such hosting platform, or prohibit such hosting platform

from providing a person or entity the means to rent, pay for, or otherwise reserve a residential unit

for tourist or transient use. A hosting platform shall comply with the requirement imposed upon

room resellers in §§ 44-18-7.3(b)(4)(i) and 44-18-36.1 in order for the prohibition of this section to

apply. The division of taxation shall at the request of a city, town, or municipality confirm whether

a hosting platform is registered in compliance with § 44-18-7.3(b)(4)(i).

     (b) Any short-term rental property listed for rent on the website of any third-party hosting

platform that conducts business in Rhode Island shall be registered with the department of business

regulation. The registration shall provide the information necessary to identify the property

pursuant to subsection (d) of this section. For purposes of this section, the term “short-term rental”

means a person, firm, or corporation’s utilization, for transient lodging accommodations, not to

exceed thirty (30) nights at a time.

     (c) The department of business regulation shall contact all hosting platforms that list

property in Rhode Island on their website for rent and that submit hotel taxes to the division of

taxation and shall provide notice of the registration requirement, pursuant to this section, instructing

the hosting platforms to notify their listed properties to register with the department of business

regulation by December 31, 2021, or be subject to fines pursuant to § 42-63.1-14.1 subsection (i)

of this section.

     (d) The state registration pursuant to this section shall include:

     (1) The principal place of business of the owner, or if outside the state, the agent for service

of process or property manager for the owner;

     (2) The phone number of the owner of the property and/or property manager;

     (3) The email address of the property owner and/or property manager;

     (4) The address of the rental property;

     (5) The number of rooms for rent at the property;

     (6) Whether the registrant rents or owns; and

     (7) Intended use (entire space, private room, or shared space).

     (e) The assigned registration number shall consist of numeric and alpha characters, the

alpha characters shall correspond to the city/town where the property is located and shall be uniform

for the remaining properties in said city/town.

     (f) The department of business regulation shall notify all hosting platforms to contact all

listed properties by December 31, 2021, to ensure compliance with this section and if the listed

properties are not duly registered after six (6) months, the hosting platform shall remove the

property listing from its website.

     (g) The department of business regulation shall promulgate rules and regulations to

correspond with and enforce this section and § 42-63.1-14.1 and may charge a registration fee to

property owners registering with the department pursuant to this section.

     (h) The department of business regulation shall create an online database to store all

registered short-term rental units, and each unit shall have an online identification number in said

database to correspond with subsection (e) of this section.

     (i) Any owner of the property who or that fails to register with the department of business

regulation as prescribed herein and lists the property as a short-term rental on a hosting platform

website shall be subject to a civil fine as follows:

     (1) Two hundred fifty dollars ($250) for the first thirty (30) days of non-compliance;

     (2) Five hundred dollars ($500) for between thirty-one (31) and sixty (60) days of non-

compliance; and

     (3) One thousand dollars ($1,000) for more than sixty (60) days of non-compliance.

 

Pl. 413 and Pl. 437

 (c) The department of business regulation shall contact all hosting platforms that list

property in Rhode Island on their website for rent and that submit hotel taxes to the division of

taxation and/or the city of Newport and shall provide notice of the registration requirement,

pursuant to this section, instructing the hosting platforms to notify their listed properties to register

with the department of business regulation annually by December 31, 2021, or be subject to fines

pursuant to § 42-63.1-14.1. Provided further, renewals of registrations pursuant to this section shall

become due for renewal on the anniversary date of the original registration.

 

(f) The department of business regulation shall notify all hosting platforms to contact all

listed properties by December 31, 2021, to ensure compliance with this section Registration forms

and/or any registration materials required by the department shall be completed prior to a listing by

a hosting platform. The registration number shall be valid for the year during which it is assigned,

and if the a listed properties are property is not duly registered after six (6) months the expiration

of the annual registration period, the hosting platform shall remove the property listing from its

website within fourteen (14) days of notification from the department.

 

   (j) Notwithstanding any other law or provision to the contrary, no person shall list any

residence for short-term rental for tourist or transient use without the property’s current, valid

registration number, and its expiration date, which hosting platforms shall require to be displayed

on the listing advertisement. Any hosting platform that offers short-term rental of residential

property for tourist or transient use without requiring the owner to display the current, valid

registration number of a property, and its expiration date, shall be subject to a civil fine of two

hundred fifty dollars ($250) per day per violation, with each property listing constituting a separate

violation.

     (k) A hosting platform shall provide to the department of business regulation, on a quarterly

basis, an electronic report, in a format determined by the department of business regulation, of the

listings maintained, authorized, facilitated, or advertised by the hosting platform within the state

for the applicable reporting period. The report shall include a breakdown of the municipality where

the listings are located, whether the listing is for a room or a whole unit, the total number of short-

term rentals listed on the platform,, the registration number of each short-term rental listed on the

platform, the URL link of each short-term rental listed on the platform. and shall include the number

of nights each unit was reported as occupied during the applicable reporting period.

 

777)

Section

Added By Chapter Numbers:

 

42-64-42

336 and 337

 

 

42-64-42. Rhode Island-Ireland trade commission.

     (a) There is hereby established the Rhode Island-Ireland trade commission. The

commission is advisory and shall consist of seven (7) members to be appointed as follows:

     (1) Two (2) members who shall be appointed by the president of the senate, shall have

knowledge of or current or past involvement in organizations that promote Irish affairs, or shall

have interest in the well-being of trade relations between Rhode Island and Ireland; and two (2)

members who shall be appointed by the speaker of the house, shall have knowledge of or current

or past involvement in organizations that promote Irish affairs, or shall have interest in the well-

being of trade relations between Rhode Island and Ireland. The members of the commission

appointed by the speaker of the house shall serve for two (2) years or until their successor is

appointed, and the members appointed by the president of the senate shall serve for three (3) years

or until their successor is appointed, whichever period is later.

     (2) Three (3) members of the commission shall be appointed by the governor, and shall

serve for a term of four (4) years or until their successor is appointed. The members appointed shall

include one representative from a public institution of higher education; one representative from

the Rhode Island chamber of commerce, or its successor organization; and one public member who

shall represent Irish-American communities or interests.

     (3) All appointments shall be made no later than July 1, 2025. A vacancy in the membership

of the commission shall be filled in the same manner as the original appointment was made.

     (b) Compensation, meetings.

     (1) Members of the commission shall serve without compensation; provided, however, the

members may be reimbursed for expenses actually incurred in the performance of their duties,

within the limit of funds appropriated to the commission or otherwise made available to it for its

purposes.

     (2) The commission shall meet and hold hearings at the places it designates throughout the

state.

     (3) The commission shall elect a chair from among its members. The chair may appoint

from among the commission members subcommittees and subcommittee chairs at the chair's

discretion.

     (4) The commission shall keep records of all proceedings which shall be public and open

to inspection,; shall adopt a seal,; and shall exercise and perform the duties prescribed by this

section.

     (5) A majority of the members of the commission shall constitute a quorum for the

transaction of the business of the commission.

     (c) The commission shall provide recommendations and information to the Rhode Island

commerce corporation established pursuant to § 42-64-4 and the director of the John H. Chafee

Center for International Business to promote, enhance and advance the relationship and trade with

Ireland.

     (d) Role and responsibility. The role and responsibility of the Rhode Island-Ireland trade

commission shall be to study, research, and advance analyses, proposals, and recommendations

for:

     (1) Bilateral trade and investments between Rhode Island and Ireland;

     (2) Policy issues of mutual interest to Rhode Island and Ireland;

     (3) Promoting business and academic exchanges between Rhode Island and Ireland;

     (4) Mutual economic support between Rhode Island and Ireland;

     (5) Mutual investments in the infrastructure of Rhode Island and Ireland;

     (6) Helping communities in Ireland and Rhode Island through the creation of educational

and economic opportunities; and

     (7) Such other issues as requested by the Rhode Island commerce corporation.

     (e) Reports.

     The commission shall report its findings, results, and recommendations to the governor,

the speaker of the house, the president of the senate, and the secretary of commerce with a copy to

the director of the John H. Chafee Center for International Business, within one year of its initial

organizational meeting and by February 1 of each succeeding year for the activities of the preceding

calendar year. The report shall be in writing and include recommendations as deemed appropriate

by the commission and shall include a financial statement of all funds received and expended

pursuant to the provisions of subsection (f) of this section.

     (f) Funds.

     The Rhode Island-Ireland trade commission shall be authorized to raise funds, through

direct solicitation or other fundraising events, alone, or with other groups, and accept gifts, grants,

and bequests from individuals, corporations, foundations, governmental agencies, and public and

private organizations and institutions, to defray the commission's administrative expenses and to

achieve its purposes.

     (g) All meetings of the commission shall comply with the provisions of chapter 46 of this

title 42 ("open meetings").

 

778)

Section

Amended By Chapter Numbers:

 

42-64.17-1

193 and 194

 

 

42-64.17-1. Long-term economic development vision and policy.

     (a) The economic development corporation and the division of planning shall develop a

written long-term economic development vision and policy for the state of Rhode Island and a

strategic plan for implementing this policy. Such a plan shall include, but not be limited to:

     (1) A unified economic development strategy for the state that integrates business growth

with land use and transportation choices;

     (2) An analysis of how the state’s infrastructure can best support this unified economic

development strategy;

     (3) A focus and prioritization that the outcomes of the economic development strategy be

equitable for all Rhode Islanders;

     (4) Reliance on comprehensive economic data and analysis relating to Rhode Island’s

economic competitiveness, business climate, climate change, sea-level rise, coastal resiliency,

national and regional reputation, and present economic development resources;

     (5) Suggestions for improving and expanding the skills, abilities, and resources of state

agencies, municipalities, and community partners to speed implementation of the plan’s

recommendations; and

     (6) The inclusion of detailed implementation plans, including stated goals, specific

performance measures and indicators.

     (b) On or before October 31, 2014, the economic development corporation and the division

of planning shall submit the written long-term economic development vision and policy and

implementation plan to the governor, the senate and the house of representatives.

     (c) Beginning January 1, 2015, and during the first year of each new or re-elected

gubernatorial administration thereafter, the governor shall convene an economic development

planning council consisting of no fewer than seventeen (17) nineteen (19) members as follows:

     (1)(i) The director of the economic development corporation secretary of commerce who

shall serve as chair, until such time that the secretary of commerce is appointed;

     (ii) Upon his or her appointment, the secretary of commerce shall replace the director of

the economic development corporation as a member, and shall serve as chair;

     (2) The director of the department of administration;

     (3) The director of the department of revenue;

     (4) The director of the department of labor and training;

     (5) The director of the department of transportation;

     (6) The director of the department of business regulation;

     (7) The commissioner of elementary and secondary education;

     (8) The commissioner of higher education;

     (9) The director of the department of environmental management;

     (10) The executive director of the coastal resources management council;

     (9)(11) One member who shall be appointed by the speaker of the house of representatives;

     (10)(12) One member who shall be appointed by the president of the senate; and

     (11)(13) Seven (7) members who shall be appointed by the governor as follows: one of

whom shall be a representative from the league of cities and towns; one of whom shall be a

representative from a chamber of commerce; one of whom shall be from a nonprofit organization

representing a major industry sector in Rhode Island; one of whom shall represent a business with

more than one hundred (100) employees located in Rhode Island; one of whom shall represent a

business with fewer than one hundred (100) employees located in Rhode Island; one of whom shall

be from a venture capital firm with a principal place of business in Rhode Island; and one of whom

shall represent a private sector labor union. Any department director appointed as a member of the

council may appoint a designee from his or her the director’s respective agency to represent

him/her the director on the council. Members of the council shall serve for a term of one year or

until an economic development policy has been approved by the governor under this section.

     (d) The economic development planning council and, upon his or her appointment, the

secretary of commerce, shall develop a written long-term economic development vision and policy

for the state and a strategic plan for implementing the policy. In developing the policy, the council

shall review and consider the published economic development policy and implementation plan in

effect at the commencement of the governor’s term of office. The policy shall set long-term goals

and measurable benchmarks which are not limited to a particular gubernatorial administration and

shall give consideration to any impacts the plan may have on businesses employing ten (10) or

fewer people. The strategic plan shall include any major economic development initiatives and

programs in effect at the time of the plan’s creation. In developing the policy the council may hold

public hearings throughout the state.

     (e) Once the policy and plan have been adopted by the council and, upon his or her the

secretary of commerce’s appointment, the secretary of commerce, shall submit the policy and plan

to the senate and house of representatives. The final approval of the policy and plan by the governor

shall not be granted until the house and senate have conducted a public hearing on the policy and

plan. The approved policy and plan shall be published in writing and on the official website of the

state no later than December 31 of that year.

     (f) The economic development corporation shall be responsible for providing staff to

support the work of the council, and the division of planning shall also provide staff support. All

departments represented on the council shall cooperate with the economic development corporation

and the division of planning to facilitate the purposes of this chapter.

     (g) Subject to funding, the council shall be able to hire consultants and related assistance

to provide the type of analysis necessary to inform and perform their work.

     (h) All departments, offices, boards and agencies of the state shall cooperate with the

economic development planning council and furnish such administrative and staff support, advice,

information, documentary and otherwise, data and data analysis, and other support as may be

necessary or desirable.

     (i) In carrying out the responsibility under this order, the council may:

     (1) Accept grant funds and in-kind contributions from governmental and private entities;

     (2) Hold public hearings;

     (3) Invite experts and other witnesses to submit testimony; and

     (4) Contract with experts and consultants as necessary to inform deliberations and

recommendations.

     (j) In addition to any other applicable law, rules or regulations, the economic development

planning council shall be subject to the provisions of the Open Meetings Act, title 42, chapter 46

of this title of the Rhode Island general laws, and the Public Records Act, title 38, chapter 2 of

title 38 the Rhode Island general laws.

 

779)

Section

Amended By Chapter Numbers:

 

42-64.19-3

117 (Article 7) and 403 (Article 1)

 

 

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, the secretary of housing shall reside within the executive office of

commerce for administrative purposes only. The secretary of 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 planning, and the Rhode Island housing resources

commission;

     (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 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;

     (vii) Establish rules and regulations as set forth in § 45-24-77.

     (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 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) [Deleted by P.L. 2022, ch. 388, § 1 and P.L. 2022, ch. 442, § 1.]

     (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.

 

Pl. 403 (Article 1)

42-64.19-3. Executive office of commerce. [Effective January 1, 2024.]

  (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 planning, and the Rhode Island housing resources

commission;

     (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 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;

     (vii) Establish rules and regulations as set forth in § 45-24-77.

 

  (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.

 

780)

Section

Amended By Chapter Numbers:

 

42-72-5

392 and 393

 

 

42-72-5. Powers and scope of activities.

     (a) The department is the principal agency of the state to mobilize the human, physical, and

financial resources available to plan, develop, and evaluate a comprehensive and integrated

statewide program of services designed to ensure the opportunity for children to reach their full

potential. The services include prevention, early intervention, outreach, placement, care and

treatment, and after-care programs; provided, however, that the department notifies the state police

and cooperates with local police departments when it receives and/or investigates a complaint of

sexual assault on a minor and concludes that probable cause exists to support the allegation(s). The

department also serves as an advocate for the needs of children. Additionally, on or before October

1, 2023, the department shall implement the hiring process developed by the director pursuant to

subsection (f) of this section.

     (b) To accomplish the purposes and duties, as set forth in this chapter, the director is

authorized and empowered:

     (1) To establish those administrative and operational divisions of the department that the

director determines is in the best interests of fulfilling the purposes and duties of this chapter;

     (2) To assign different tasks to staff members that the director determines best suit the

purposes of this chapter;

     (3) To establish plans and facilities for emergency treatment, relocation, and physical

custody of abused or neglected children that may include, but are not limited to,

homemaker/educator child-case aides, specialized foster-family programs, daycare facilities, crisis

teams, emergency parents, group homes for teenage parents, family centers within existing

community agencies, and counseling services;

     (4) To establish, monitor, and evaluate protective services for children including, but not

limited to, purchase of services from private agencies and establishment of a policy and procedure

manual to standardize protective services;

     (5) To plan and initiate primary- and secondary-treatment programs for abused and

neglected children;

     (6) To evaluate the services of the department and to conduct periodic, comprehensive-

needs assessment;

     (7) To license, approve, monitor, and evaluate all residential and non-residential group

homes, foster homes, and programs;

     (8) To recruit and coordinate community resources, public and private;

     (9) To promulgate rules and regulations concerning the confidentiality, disclosure, and

expungement of case records pertaining to matters under the jurisdiction of the department;

     (10) To establish a minimum mandatory level of twenty (20) hours of training per year and

provide ongoing staff development for all staff;

     (11) To establish procedures for reporting suspected child abuse and neglect pursuant to

chapter 11 of title 40;

     (12) To promulgate all rules and regulations necessary for the execution of departmental

powers pursuant to the administrative procedures act, chapter 35 of this title;

     (13) To provide and act as a clearinghouse for information, data, and other materials

relative to children;

     (14) To initiate and carry out studies and analysis that will aid in solving local, regional,

and statewide problems concerning children;

     (15) To represent and act on behalf of the state in connection with federal-grant programs

applicable to programs for children in the functional areas described in this chapter;

     (16) To seek, accept, and otherwise take advantage of all federal aid available to the

department, and to assist other agencies of the state, local agencies, and community groups in taking

advantage of all federal grants and subventions available for children;

     (17) To review and coordinate those activities of agencies of the state, and of any political

subdivision of the state, that affect the full and fair utilization of community resources for programs

for children, and initiate programs that will help ensure utilization;

     (18) To administer the pilot juvenile-restitution program, including the overseeing and

coordinating of all local community-based restitution programs, and the establishment of

procedures for the processing of payments to children performing community service;

     (19) To adopt rules and regulations that:

     (i) For the twelve-month (12) period beginning on October 1, 1983, and for each

subsequent twelve-month (12) period, establish specific goals as to the maximum number of

children who will remain in foster care for a period in excess of two (2) years; and

     (ii) Are reasonably necessary to implement the child-welfare services and foster-care

programs;

     (20) May establish and conduct seminars for the purpose of educating children regarding

sexual abuse;

     (21) To establish fee schedules by regulations for the processing of requests from adoption

placement agencies for adoption studies, adoption study updates, and supervision related to

interstate and international adoptions. The fee shall equal the actual cost of the service(s) rendered,

but in no event shall the fee exceed two thousand dollars ($2,000);

     (22) To be responsible for the education of all children who are placed, assigned, or

otherwise accommodated for residence by the department in a state-operated or -supported

community residence licensed by a Rhode Island state agency. In fulfilling this responsibility, the

department is authorized to enroll and pay for the education of students in the public schools or,

when necessary and appropriate, to itself provide education in accordance with the regulations of

the council on elementary and secondary education either directly or through contract;

     (23) To develop multidisciplinary service plans, in conjunction with the department of

health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the

development of a plan using all healthcare professionals;

     (24) To be responsible for the delivery of appropriate mental health services to seriously

emotionally disturbed children and children with functional developmental disabilities.

Appropriate mental health services may include hospitalization, placement in a residential

treatment facility, or treatment in a community-based setting. The department is charged with the

responsibility for developing the public policy and programs related to the needs of seriously

emotionally disturbed children and children with functional developmental disabilities;

     In fulfilling its responsibilities the department shall:

     (i) Plan a diversified and comprehensive network of programs and services to meet the

needs of seriously emotionally disturbed children and children with functional developmental

disabilities;

     (ii) Provide the overall management and supervision of the state program for seriously

emotionally disturbed children and children with functional developmental disabilities;

     (iii) Promote the development of programs for preventing and controlling emotional or

behavioral disorders in children;

     (iv) Coordinate the efforts of several state departments and agencies to meet the needs of

seriously emotionally disturbed children and children with functional developmental disabilities

and to work with private agencies serving those children;

     (v) Promote the development of new resources for program implementation in providing

services to seriously emotionally disturbed children and children with functional developmental

disabilities.

     The department shall adopt rules and regulations that are reasonably necessary to

implement a program of mental health services for seriously emotionally disturbed children.

     Each community, as defined in chapter 7 of title 16, shall contribute to the department, at

least in accordance with rules and regulations to be adopted by the department, at least its average

per-pupil cost for special education for the year in which placement commences, as its share of the

cost of educational services furnished to a seriously emotionally disturbed child pursuant to this

section in a residential treatment program that includes the delivery of educational services.

     “Seriously emotionally disturbed child” means any person under the age of eighteen (18)

years, or any person under the age of twenty-one (21) years, who began to receive services from

the department prior to attaining eighteen (18) years of age and has continuously received those

services thereafter; who has been diagnosed as having an emotional, behavioral, or mental disorder

under the current edition of the Diagnostic and Statistical Manual and that disability has been

ongoing for one year or more or has the potential of being ongoing for one year or more; and the

child is in need of multi-agency intervention; and the child is in an out-of-home placement or is at

risk of placement because of the disability.

     A child with a “functional developmental disability” means any person under the age of

eighteen (18) years or any person under the age of twenty-one (21) years who began to receive

services from the department prior to attaining eighteen (18) years of age and has continuously

received those services thereafter.

     The term “functional developmental disability” includes autism spectrum disorders and

means a severe, chronic disability of a person that:

     (A) Is attributable to a mental or physical impairment or combination of mental physical

impairments;

     (B) Is manifested before the person attains age eighteen (18);

     (C) Is likely to continue indefinitely;

     (D) Results in age-appropriate, substantial, functional limitations in three (3) or more of

the following areas of major life activity:

     (I) Self-care;

     (II) Receptive and expressive language;

     (III) Learning;

     (IV) Mobility;

     (V) Self direction;

     (VI) Capacity for independent living; and

     (VII) Economic self-sufficiency; and

     (E) Reflects the person’s need for a combination and sequence of special, interdisciplinary,

or generic care, treatment, or other services that are of life-long or extended duration and are

individually planned and coordinated.

     Funding for these clients shall include funds that are transferred to the department of human

services as part of the managed healthcare program transfer. However, the expenditures relating to

these clients shall not be part of the department of human services’ caseload estimated for the semi-

annual, caseload-estimating conference. The expenditures shall be accounted for separately;

     (25) To provide access to services to any person under the age of eighteen (18) years, or

any person under the age of twenty-one (21) years who began to receive child welfare services

from the department prior to attaining eighteen (18) years of age, has continuously received those

services thereafter, and elects to continue to receive such services after attaining the age of eighteen

(18) years. The general assembly has included funding in the FY 2008 DCYF budget in the amount

of $10.5 million from all sources of funds and $6.0 million from general revenues to provide a

managed system to care for children serviced between 18 to 21 years of age. The department shall

manage this caseload to this level of funding;

     (26) To initiate transition planning in cooperation with the department of behavioral

healthcare, developmental disabilities and hospitals and local school departments for any child who

receives services through DCYF; is seriously emotionally disturbed or developmentally delayed

pursuant to subsection (b)(24)(v); and whose care may or shall be administered by the department

of behavioral healthcare, developmental disabilities and hospitals after the age of twenty-one (21)

years; the transition planning shall commence at least twelve (12) months prior to the person’s

twenty-first birthday and shall result in a collaborative plan submitted to the family court by both

the department of behavioral healthcare, developmental disabilities and hospitals and the

department of children, youth and families and shall require the approval of the court prior to the

dismissal of the abuse, neglect, dependency, or miscellaneous petition before the child’s twenty-

first birthday;

     (27) To develop and maintain, in collaboration with other state and private agencies, a

comprehensive continuum of care in this state for children in the care and custody of the department

or at risk of being in state care. This continuum of care should be family centered and community

based with the focus of maintaining children safely within their families or, when a child cannot

live at home, within as close proximity to home as possible based on the needs of the child and

resource availability. The continuum should include community-based prevention, family support,

and crisis-intervention services, as well as a full array of foster care and residential services,

including residential services designed to meet the needs of children who are seriously emotionally

disturbed, children who have a functional developmental disability, and youth who have juvenile

justice issues. The director shall make reasonable efforts to provide a comprehensive continuum of

care for children in the care and custody of DCYF, taking into account the availability of public

and private resources and financial appropriations and the director shall submit an annual report to

the general assembly as to the status of his or herthe director’s efforts in accordance with the

provisions of § 42-72-4(b)(13);

     (28) To administer funds under the John H. Chafee Foster Care Independence and

Educational and Training Voucher (ETV) Programs of Title IV-E of the Social Security Act [42

U.S.C. § 677] and the DCYF higher education opportunity grant program as outlined in chapter

72.8 of this title, in accordance with rules and regulations as promulgated by the director of the

department; and

     (29) To process nationwide criminal record checks on prospective foster parents and any

household member age 18 or older, prospective adoptive parents and any household member age

18 and older, operators of childcare facilities, persons seeking to act as volunteer court-appointed

special advocates, persons seeking employment in a childcare facility or at the training school for

youth or on behalf of any person seeking employment at DCYF, who are required to submit to

nationwide criminal background checks as a matter of law.

     (c) In order to assist in the discharge of his or herthe director’s duties, the director may

request from any agency of the state information pertinent to the affairs and problems of children.

     (d) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.]

     (e) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.]

     (f) On or before October 1, 2023, the director shall establish a process for hiring individuals

seeking employment at the department as a social caseworker or child protective investigator. The

department shall be provided with funding for one full-time employee, or the equivalent, to support

the implementation of the hiring process. The process shall be in effect through September 30,

2024March 15, 2026.

     (1) Generally, the process shall include, but need not be limited to:

     (i) Screening and reviewing candidates for eligibility criteria including education and

experience;

     (ii) Administering the requisite civil service examinations;

     (iii) Conducting in-person interviews;

     (iv) Determining which applicants will be offered employment; and

     (v) Determining the order in which employment offers will be given.

     (2) Specifically, the process shall include, but need not be limited to, the following

elements:

     (i) Eligibility criteria. Candidates must meet the minimum job requirements as defined in

the specification with social caseworker IIs and child protective investigators as approved by the

department of administration.

     (ii) Civil service examinations.

     (A) Examinations shall be offered by the department at least three (3) times per month to

individuals who meet the eligibility criteria and at times that shall include a weekend, a weekday,

and a weeknight option.

     (B) The director shall determine the process and administration of the exam. The director

is not obligated to schedule an examination if there are no current applicants for the position

available by the deadline set by the director pursuant to this subsection.

     (C) If an applicant does not pass the examination, the department shall notify the applicant

as soon as is practicable. Applicants wishing to re-take the examination are not eligible to do so

until sixty (60) days have passed from the date the notification was sent.

     (iii) In-person interviews.

     (A) Applicants who pass the civil service examination shall be invited to an in-person

interview.

     (B) The interview shall be conducted by at least two (2) current employees of the

department.

     (I) One of whom shall have a culturally or racially diverse background; and

     (II) One of whom is currently in a supervisory role over social caseworkers or child

protective investigators for at least three (3) years.

     (III) Satisfying the requirements of subsections (f)(2)(iii)(B)(I) and (f)(2)(iii)(B)(II) of this

section does not necessarily require two (2) individuals. One individual may satisfy both

requirements.

     (C) There shall be a good faith effort to accommodate the availability of the applicant and

the individuals on the panel when scheduling the interview.

     (iv) Offering employment.

     (A) Prior to offering employment, an applicant shall pass both the civil service exam and

the in-person interview. Nothing herein is a guarantee of employment to an applicant who meets

these criteria.

     (B) Determining whether an applicant successfully completes the in-person interview shall

be based on criteria established by the director.

     (I) The department of administration shall score the civil service exams and provide a

pass/fail listing of all candidates to DCYF within five (5) business days of receipt of the exams

from DCYF.

     (II) The director may create a method of scoring interviews to provide objectivity and

uniformity when assessing applicants.

     (g) On or before March 15, 2024, the department shall provide an interim report to the

senate president and the speaker of the house regarding the hiring process developed and

implemented pursuant to subsection (f) of this section. The report shall include, but is not limited

to, the following data concerning social caseworkers and child protective investigators at the

department:

     (1) The number of social caseworkers hired using the process developed pursuant to

subsection (f) of this section;

     (2) The number of child protective investigators hired using the process developed pursuant

to subsection (f) of this section;

     (3) The number of terminations or resignations since October 1, 2023;

     (4) The number of vacancies that existed on October 1, 2023, and the number of vacancies

that exist as of the date of the report; and

     (5) Any identified barriers to hiring that exist in spite of, or because of, the process

developed pursuant to subsection (f) of this section.

 

781)

Section

Amended By Chapter Numbers:

 

42-91-2

328 and 329

 

 

42-91-2. Membership of council.

     (a) The council shall consist of twenty (20) twenty-one (21) members, ten (10) of whom

shall be public members, two (2) to be appointed by the governor, two (2) by the lieutenant

governor, two (2) by the speaker of the house, two (2) by the president of the senate, one by the

secretary of state, and one by the general treasurer; provided, however, that all of the public

members shall be officers, partners, or proprietors of Rhode Island companies that are small

businesses or nonprofit corporations as defined by the United States Small Business

Administration; one of whom shall be affiliated with a business-related department of a Rhode

Island institution of higher learning, to be appointed by the lieutenant governor; one of whom shall

be a member of the minority party member of the joint committee on small business, to be appointed

by the speaker of the house; one of whom shall be a minority party member of the senate, to be

appointed by the president of the senate; one of whom shall be the chair of the house of

representatives small business committee; one of whom shall be the chair of the senate committee

on commerce; one of whom shall be a member of the governor’s staff, to be appointed by the

governor; and the chairperson of the joint committee on small business, ex officio; the vice-

chairperson of the joint committee on small business, ex officio; the director of the Rhode Island

economic development corporation, and the secretary of the Rhode Island commerce corporation

or the director’s secretary's permanent designee, ex officio; the director of the department of labor

and training, or the director’s permanent designee, ex officio; the secretary of state, or the

secretary’s permanent designee, ex officio; the general treasurer, or the treasurer’s permanent

designee, ex officio; and the lieutenant governor, ex officio. The lieutenant governor shall serve as

chairperson of the council.

     (b) One of the public members appointed by each of the appointing authorities shall be

appointed to serve until the first day of June, 1987, and the other to serve until the first day of June,

1988; and all members shall serve until their successors are appointed and qualified. In the month

of May in any year in which a public member’s term of office expires, the respective appointing

authorities shall appoint successors to the members whose terms shall expire in that year, to hold

office commencing on the first day of June in the year of appointment for a term of three (3) years

or until their respective successors are appointed and qualified. Any vacancy of an appointed

member, whichthat may occur in the council shall be filled by appointment by the respective

appointing authority for the remainder of the unexpired term. Ex-officio members shall serve until

the end of their term of office; the member of the governor’s staff shall serve until the end of the

governor’s term of office.

     (c) The council shall meet at the call of the lieutenant governor and shall elect from among

themselves a vice-chairperson, who shall be one of the public members, and a secretary. The

council shall meet at least quarterly during each calendar year.

     (d) The membership shall receive no compensation for their services. The council may

request, through the department of economic developmentcommerce corporation, any clerical and

technical assistance it may deem necessary to accomplish its purpose.

 

782)

Section

Amended By Chapter Numbers:

 

42-128-8.1

302 and 303

 

 

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-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 22.2 of title 45, words and terms shall have the meaning set forth in

chapter 22.2 of title 45, chapter 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.

     (i) 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.

     (ii) Mobile and manufactured homes shall be included as affordable housing if such home

constitutes a primary residence of the occupant or occupants; and such home is located within a

community owned by the residents or the land containing the home is owned by the occupant or

occupants; and such home was constructed after June 15, 1976; and such home complies with the

Manufactured Home Construction and Safety Standards of the United States Department of

Housing and Urban Development.

     (i)(iii) 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)45-53-3(5)(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 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 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: (1) Inclusionary zoning provisions for low- and

moderate-income housing with appropriate density bonuses and other subsidies that make the

development financially feasible; and (2) 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).

 

783)

Section

Added By Chapter Numbers:

 

42-140.5

314 and 315

 

 

CHAPTER 140.5

RENEWABLE READY PROGRAM

 

784)

Section

Added By Chapter Numbers:

 

42-140.5-1

314 and 315

 

 

42-140.5-1. Statement of purpose.

     The purpose of this program is to promote the responsible siting and development of

renewable energy generating resources in locations where it would be an ancillary beneficial use

to the redevelopment of previously contaminated property. Greenhouse gas emissions pose threats

to the health and safety of Rhode Islanders through flooding, sea level rise, extreme heat, and

increased storm intensity. In order to reduce this threat, Rhode Island must promote the deployment

of renewable energy generating projects, while preserving the most valuable forests.

 

 

 

 

 

 

785)

Section

Added By Chapter Numbers:

 

42-140.5-2

314 and 315

 

 

42-140.5-2. Definitions.

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

unless the context indicates another or different meaning or intent:

     (1) "Commissioner" means the commissioner of the office of energy resources.

     (2) "Community remote net-metering system" shall be defined pursuant to § 39-26.4-2.

     (3) "Corporation" means any corporate person, including, but not limited to: corporations,

associations, partnerships, societies, farms, limited liability companies, and sole proprietorships.

     (4) "Department" means the department of environmental management.

     (5) "Eligible entities" means any local governmental unit, person, corporation, or

community remote net-metering system.

     (6) "Financial assistance" means any form of financial assistance provided by the

infrastructure bank to a local governmental unit, person, corporation, or community remote net-

metering system in accordance with this chapter for all or any part of the cost of an approved

project, including, without limitation: grants, temporary and permanent loans, with or without

interest, guarantees, insurance, subsidies for the payment of debt service on loans, lines of credit,

and similar forms of financial assistance, principal forgiveness, and negative interest loans.

     (7) "Fund" means the renewable ready fund described in § 42-140.5-4.

     (8) "Infrastructure bank" means the Rhode Island infrastructure bank.

     (9) "Interconnection costs" means charges from the electric distribution company to a

renewable energy customer or developer as described in § 39-26.3-4.1.

     (10) "Interconnection study" means either a feasibility study or impact study as described

in § 39-26.3-2.

     (11) "Local governmental unit" means any town, city, district, commission, agency,

authority, board, bodies politic and corporate, public corporation, or other political subdivision or

instrumentality of the state or of any political subdivision thereof, multi-municipal collaboratives,

the Statestate of Rhode Island, and any department or agency of state government.

     (12) "Office" means the office of energy resources.

     (13) "Person" means any natural person.

 

786)

Section

Added By Chapter Numbers:

 

42-140.5-3

314 and 315

 

 

42-140.5-3. Identification of eligible sites.

     (a) The office, in coordination with the department, shall prepare a list of locations that

meet the following criteria:

     (1) Is a current or former contaminated site as determined by the department;

     (2) Is property or a facility owned and/or managed by the state;

     (3) Is a rooftop of a public, municipal, or state-owned building;

     (4) Is state property adjacent to a highway or major road; or

     (5) Is owned by the electric distribution company and subject to the environmental response

fund.

     (b) The list shall exclude properties where the owner has begun the process of permitting

or developing a renewable energy generation project or any other development.

     (c) The list shall:

     (1) Include a reasonable estimate of the renewable energy production capacity of the

locations;

     (2) Identify the current owner of the property and provide their contact information, if

available;

     (3) Include a reasonable estimate of any utility interconnection costs that would be required

to connect the project to the existing electricity transmission and distribution system; provided that:

     (i) Any available impact study shall be conclusive evidence of estimated costs;

     (ii) Any variables that the office or department relied upon in the creation of the estimate

shall be included and described;

     (iii) The electric distribution company shall provide estimated interconnection costs to the

office as sites are identified;

     (iv) The cost of an interconnection study shall not be included in the estimation of

interconnection costs; and

     (4) Prioritize locations based upon surrounding infrastructure that can support the

development of distributed generation resources.

 

787)

Section

Added By Chapter Numbers:

 

42-140.5-4

314 and 315

 

 

42-140.5-4. Establishment of the renewable ready fund.

     (a) There is hereby established a renewable ready fund within the Rhode Island

infrastructure bank.

     (b) The purpose of the fund is to provide financial assistance to eligible entities to reduce

the site preparation and interconnection costs for renewable energy development projects on current

or formerly contaminated sites to support and encourage the development of these locations.

     (c) The infrastructure bank is hereby authorized and directed to seek all available federal

resources, in consultation with the office and any electric distribution company, to fulfill the

purpose of the fund. In pursuing federal funding sources, efforts shall include, but not be limited

to, funding programs and other financing mechanisms established through the federal Infrastructure

Investment and Jobs Act, the Inflation Reduction Act, and any applicable federal statute.

     (d) The fund shall consist of:

     (1) Money appropriated in the state budget to the fund or otherwise made available to the

infrastructure bank;

     (2) Money made available to the fund through federal programs or private contributions;

     (3) Repayments of principal and interest from loans made from the fund;

     (4) Proceeds from the sale, disposition, lease, or rental of collateral related to financial

assistance provided under this chapter;

     (5) Application or other fees paid to the infrastructure bank to process applications for

financial assistance; and

     (6) Any other money made available to the fund.

 

 

788)

Section

Added By Chapter Numbers:

 

42-140.5-5

314 and 315

 

 

42-140.5-5. Powers of the infrastructure bank and the office.

     (a) The infrastructure bank, in consultation with the office, shall review and approve

applications for financial assistance from the fund, subject to the availability of funds, upon the

submission of a complete application from eligible entities to receive funds for a purpose consistent

with this chapter.

     (b) The office, in consultation with the infrastructure bank, shall create a standard

application and annual application deadlines to be used in the management of fund requests.

     (c) The office, upon a determination that an application is incomplete, may direct applicants

to revise their application or deny the application after a reasonable opportunity for the applicant

to provide additional information.

     (d) The infrastructure bank, in the event that there are insufficient funds to cover the costs

of all projects that meet the criteria to be approved, shall follow the prioritized list prepared by the

office in accordance with this chapter.

     (e) Approval of an application shall only occur if funds are currently available in the fund,

or if the infrastructure bank reasonably expects that funds will be available in the six (6) months

following the approval of an application.

     (f) The infrastructure bank, in consultation with the office, shall set an application fee, due

upon submission, to cover the reasonable costs to the bank for the investigation and review of the

application.

 

789)

Section

Added By Chapter Numbers:

 

42-140.5-6

314 and 315

 

 

42-140.5-6. Use of funds.

     (a) Funds shall be used to cover the costs of connecting a renewable energy generation

project to the electric distribution system on sites identified by the office and department and

published on the list of eligible sites, and shall include, but not be limited to, the following activities:

     (1) Installation of transformers and substations;

     (2) Transmission facilitation;

     (3) Grid flexibility; and

     (4) Electrification planning for sites and facilities.

     (b) Funds shall not be used to conduct any interconnection study or other preliminary work

as may be required by the electric distribution company or the public utilities commission.

     (c) Funds shall not be distributed to applicants, or an entity to whom the applicant must

pay to make the interconnection, until the following criteria are met:

     (1) The project site is listed on the list of eligible sites prepared by the office;

     (2) The application is approved by the office;

     (3) Certification is provided demonstrating that funds are available in the fund; and

     (4) The applicant’s project is approved by the public utilities commission, if such approval

is required.

     (d) Should an application be approved but funds are not disbursed within twelve (12)

months from the application’s approval by the office, then the approval may be considered void

and funds allocated to the project shall be made available for other applications.

     (e) Should a recipient of funds receive reimbursement under § 39-26.3-4.1 or as the result

of a refund from the final accounting of costs, the amount so reimbursed shall be remitted to the

infrastructure bank for deposit into the renewable ready fund.

 

790)

Section

Added By Chapter Numbers:

 

42-140.5-7

314 and 315

 

 

42-140.5-7. Property owned by the electric or gas distribution company.

     (a) Real properties owned by the electric or gas distribution company may be eligible to be

included on the eligible site list described in § 42-140.5-3(a) at their sole discretion.

     (b) The electric or gas distribution company is encouraged to lease these properties,

following successful remediation, to developers through a competitive bidding process.

 

 

 

 

791)

Section

Added By Chapter Numbers:

 

42-140.5-8

314 and 315

 

 

42-140.5-8. Adoption of rules and regulations.

     The infrastructure bank, in consultation with the office, shall have the authority to adopt,

amend, and implement such rules and regulations as may be necessary and desirable to effectuate

the purposes of this chapter.

 

792)

Section

Added By Chapter Numbers:

 

42-166

117 (Article 11), and 384 and 385

 

 

CHAPTER 166

THE LADDERS TO LICENSURE PROGRAM

 

793)

Section

Added By Chapter Numbers:

 

42-166-1

117 (Article 11), and 384 and 385

 

 

42-166-1. The ladders to licensure grant program.

     The executive office of health and human services is hereby directed to establish the ladders

to licensure grant program, a public-private partnership to:

     (1) Increase the number of licensed health professionals;

     (2) Increase racial, ethnic, cultural, and linguistic diversity of health professionals;

     (3) Provide academic, financial and wrap around supports to enable working adults to

obtain health professional higher education degrees and license;

     (4) Leverage employer support for academic, financial, and wraparound supports;

     (5) Align with existing state workforce and higher education initiatives;

     (6) Develop and implement career ladders with tiered training and education requirements

and corresponding salary increases;

     (7) Develop and implement interscholastic and interdepartmental agreements that accept

prior learning, credentials, work experience, and academic credits towards

requirementrequirements for higher education health professional degrees;

     (8) Establish policies and initiatives to counter systemic racism and other institutional

barriers to participation and advancement of underrepresented populations;

     (9) Establish policies and initiatives that provide flexible scheduling of work hours and/or

academic programs to reduce barriers to participation; and

     (10) Identify state policy barriers to entry and advancement in the field.

 

794)

Section

Added By Chapter Numbers:

 

42-166-2

117 (Article 11), and 384 and 385

 

 

42-166-2. Use of appropriated funds.

     Any appropriated funds shall be used to provide grants to three (3) or four (4) grantee

partnerships, consisting of multiple private sector health and human services employer

organizations and education grantee partnerships (with at least one focused on behavioral health

and one focused on nursing). Employers will be required to contribute a twenty-five percent (25%)

in-kind match and a ten percent (10%) cash match.

 

 

795)

Section

Added By Chapter Numbers:

 

42-166-3

117 (Article 11), and 384 and 385

 

 

42-166-3. Oversight.

     The executive office of health and human services shall collaborate and coordinate with

the department of labor and training and the office of the postsecondary commissioner in the

development, implementation, and oversight of the program.

 

796)

Section

Added By Chapter Numbers:

 

42-166-4

117 (Article 11), and 384 and 385

 

 

42-166-4. Reporting.

     The executive office of health and human services shall provide quarterly reports to the

speaker of the house of representatives and senate president documenting the progress of the

implementation of the program.

 

797)

Section

Amended By Chapter Numbers:

 

44-3-3

7 and 8, 407, 449 and 450, 33 and 34, 35 and 36

 

 

Pl. 7 and Pl. 8

 

 

44-3-3. Property exempt. [Effective January 1, 2024.]

     (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; provided that, notwithstanding any provision of a charter or act of incorporation or other

law to the contrary, any real and personal property (or portion thereof) of a healthcare facility,

and/or any parent corporation, operator, manager, or subsidiary thereof, or of an institution of

higher education, that would otherwise be exempted from property taxation that is leased to,

subleased to, occupied or used by an entity, organization, or individual that is not itself exempted

from property taxation shall be taxed to the tenant, who, for the purposes of taxation is deemed the

owner;

     (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;

     (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;

     (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;

     (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;

     (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;

     (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;

     (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;

     (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;

     (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;

     (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;

     (80) Real and tangible personal property of Sojourner House, a Rhode Island nonprofit

corporation, located in the city of Providence, at 386 Smith Street, further identified as Assessor’s

Plat 67, Lot 46, and 1570 Westminster Street, further identified as Assessor’s Plat 35, Lot 200;

     (81) Real and tangible personal property of the Little Flower Home, a Rhode Island

domestic nonprofit corporation, located at 304 Hooper Street, within the Town of Tiverton on Map

102, Lot 196; provided that, the organization remains a federal 501(c)(3) tax-exempt corporation

and a domestic nonprofit charitable corporation; and

     (82) Real and tangible personal property of the Brain Injury Association of Rhode Island,

Inc., a nonprofit corporation, located at 1017 Waterman Avenue within the city of East Providence

on tax assessor’s map 607, Block 11, Parcel 4.; and

     (83) Real and tangible personal property of the Johnnycake Center Realty Corporation, a

Rhode Island nonprofit corporation, located in the town of South Kingstown, and further identified

as 12 Green Street, Assessor’s Map 49-1, Lot 148, 44 Kersey Road, further identified as Assessor’s

Map 49-1, Lot 136, 54 Kersey Road, further identified as Assessor’s Map 49-1, Lot 137, and 1004

Kingstown Road, further identified as Assessor’s Map 49-4, Lot 124.

     (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. 407

 

 

    (83) Non-commercial real and tangible personal property of Southside Community Land

Trust, a Rhode Island domestic nonprofit corporation, located in the city of Providence, at 404

Broad Street, further identified as Assessor’s Plat 23, Lot 753.

 

Pl.. 449 and Pl. 450

  (83) Tangible personal property of Northwest Community Health Care d/b/a WellOne

Primary Medical and Dental Care, a Rhode Island domestic nonprofit corporation, located in the

town of North Scituate at 35 Village Plaza Way, and further identified as Plat 38, Lot 72.

 

Pl. 33 and Pl. 34

   (83) Real and tangible personal property of the Little Compton Game Club, a Rhode Island

domestic nonprofit corporation, located at 83 John Dyer Road and 88 John Dyer Road, within the

town of Little Compton on Assessor’s Plat 44 Lots 4 and 5.

 

Pl. 35 and Pl. 36

   (83) Real and tangible personal property of Wildlife Rehabilitators Association of Rhode

Island (Wildlife Clinic of Rhode Island), a Rhode Island domestic nonprofit corporation, located at

2865 Tower Hill Road, within the town of North Kingstown on Assessor’s Map Plat 5, Lot 1.

 

798)

Section

Amended By Chapter Numbers:

 

44-3-4

37 and 38, 398 and 399

 

 

44-3-4. Veterans’ exemptions.

     (a)(1) The property of each person who served in the military, national guard, 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, national guard, 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, national guard, 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) thirty thousand dollars ($30,000);

     (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;

     (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 subsection (a)(1) 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 subsection (a)(1) 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) New Shoreham, 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 adapted 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;

     (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;

     (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.

 

Pl. 398 and Pl. 399

 (l) Any exemption granted by a municipality pursuant to the provisions of this section, in

addition to other property exempt pursuant to the provisions of subsection (a) of this section, shall

include any life estate in property held by the qualified veteran.

 

799)

Section

Amended By Chapter Numbers:

 

44-3-5

17 and 18

 

 

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) a tax dollar

reduction for persons receiving a gold star exemption;

     (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;

     (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.

 

800)

Section

Added By Chapter Numbers:

 

44-3-9.11

425 and 447

 

 

44-3-9.11. Smithfield — Exemption or stabilizing of taxes on qualifying property used for

manufacturing, industrial, or commercial purposes.

     (a) Except as provided in this section, the town council of the town of Smithfield may vote

to authorize, for a period not to exceed ten (10) twenty (20) years, and subject to the conditions

provided in this section, to exempt from payment, in whole or in part, real and/or personal property

used for manufacturing, industrial, or commercial 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 town, the town council determines that:

     (1) Granting of the exemption or stabilization of taxes will inure to the benefit of the town

by reason of:

     (i) The willingness of the manufacturing, industrial, or commercial firm or concern to

locate in the town; or

     (ii) The willingness of a manufacturing, industrial, or commercial firm or concern to

expand facilities with an increase in employment; or

     (2) Granting of the exemption or stabilization of taxes will inure to the benefit of the town

by reason of the willingness of a manufacturing, industrial, or commercial firm or concern to

replace, reconstruct, expand, or remodel existing buildings, facilities, fixtures, machinery, or

equipment with modern buildings, facilities, fixtures, machinery, or equipment resulting in an

increase in plant manufacturing, industrial, or commercial building investment by the firm or

concern in the town.

     (b) For purposes of this section, “real property used for manufacturing, industrial, or

commercial purposes” includes any building or structure used for offices, manufacturing,

industrial, or commercial enterprises including, without limitation, any building or structure used

for wholesale, warehouse, distribution, and/or storage businesses, used for service industries, or

used for any other manufacturing, industrial, or commercial business, and the land on which the

building or structure is situated and not used for residential purposes.

     (c) For purposes of this section, “personal property used for manufacturing, industrial, or

commercial purposes” means any personal property owned by a firm or concern in its

manufacturing, industrial, or commercial enterprise including, without limitation, furniture,

fixtures, equipment, machinery, stock in trade, and inventory.

     (d) Except as provided in this section, property, the payment of taxes on 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 town in which

the property is located so long as the property is used for the manufacturing, industrial, or

commercial purposes for which the exemption or stabilized amount of taxes was made.

     (e) Notwithstanding any vote and findings by the town council, the property shall be

assessed for and shall pay that portion of the tax, if any, assessed by the town of Smithfield for the

purpose of paying the indebtedness of the town and the indebtedness of the state or any political

subdivision of the state to the extent assessed upon or apportioned to the town, and the interest on

the indebtedness, and for appropriation to any sinking fund of the 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.

 

801)

Section

Amended By Chapter Numbers:

 

44-3-12

17 and 18

 

 

44-3-12. Visually impaired persons — Exemption.

     (a) The property of each person who is legally blind according to federal standards as

certified by a licensed physician or as certified by the Rhode Island services for the blind and

visually impaired shall be exempted from taxation to the amount of six thousand dollars ($6,000),

except for the towns of:

     Tiverton. Which exemption shall be provided by town ordinance as a tax credit of three

hundred dollars ($300) or greater; and

     Warren. Which exemption shall be up to forty thousand eight hundred ninety-five dollars

($40,895); and

     Barrington. Which exemption shall be sixteen thousand dollars ($16,000) for real property.

The exemption shall apply to the property in the municipality where the person resides, and if there

is not sufficient property to exhaust the exemption, the person may proclaim the balance in any city

or town where he or she may own property; except for the town of Cumberland, which exemption

shall be up to forty-seven thousand five hundred forty-four dollars ($47,544); and

     Westerly. Which may provide, by ordinance, an exemption on the total value of real and

personal property not to exceed twenty-nine thousand dollars ($29,000). The city or town council

of any city or town may, by ordinance, increase the exemption within the city or town to an amount

not to exceed twenty-two thousand five hundred dollars ($22,500). The exemption shall not be

allowed in favor of any person who is not a legal resident of the state, or unless the person entitled

to the exemption shall have 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, due

evidence that he or she is so entitled, which evidence shall stand so long as his or her legal residence

remains unchanged. The exemption provided for in this section, to the extent that it shall apply to

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 shall be applied to intangible personal property only to the

extent that there is not sufficient real property or tangible personal property to exhaust the

exemption. This exemption shall be in addition to any other exemption provided by law except as

provided in § 44-3-25.

     West Warwick. Which exemption shall be equal to three hundred thirty-five dollars ($335).

     (b) In each city or town that has not increased the exemption provided by subsection (a)

above the minimum of six thousand dollars ($6,000), except for the town of:

     Barrington. Which exemption shall be sixteen thousand dollars ($16,000) for real property.

The exemption shall increase automatically each year by the same percentage as the percentage

increase in the total amount of taxes levied by the city or town. The automatic increase shall not

apply to cities or towns that have increased the exemption provided by subsection (a) above the

minimum of six thousand dollars ($6,000), except for the town of:

     Barrington. Which exemption shall be sixteen thousand dollars ($16,000) for real property.

If the application of the automatic increase to an exemption of six thousand dollars ($6,000) on a

continuous basis from December 31, 1987, to any subsequent assessment date would result in a

higher exemption than the exemption enacted by the city or town council, then the amount provided

by the automatic increase applies.

     (c) The town of Charlestown may, by ordinance, provide a tax dollar credit reduction for

such legally blind person.

     (d) The town of Jamestown may, by ordinance, provide a tax dollar credit reduction on real

property for such legally blind person(s).

 

802)

Section

Amended By Chapter Numbers:

 

44-3-13

15 and 16

 

 

44-3-13. Persons over the age of 65 years — Exemption.

     (a) Bristol. The town of Bristol may exempt from taxation the real estate situated in the

town owned and occupied by any resident over the age of sixty-five (65) years, as of the preceding

December 31st; or, over the age of seventy (70) years, as of the preceding December 31st; or, over

the age of seventy-five (75) years, as of the preceding December 31st, and which exemption is in

addition to any and all other exemptions from taxation to which the resident may otherwise be

entitled. The exemption shall be applied uniformly and without regard to ability to pay. Only one

exemption shall be granted to cotenants, joint tenants, and tenants by the entirety, even though all

the cotenants, joint tenants and tenants by the entirety are sixty-five (65) years of age or over as of

the preceding December 31st. The exemption applies to a life tenant who has the obligation for

payment of the tax on real estate. The town council of the town of Bristol shall, by ordinance,

establish the value of this exemption.

     (b) Central Falls. The city of Central Falls may, by ordinance, exempt from taxation, real

or personal property located within the city of any person sixty-five (65) years or over, which

exemption shall be in an amount not exceeding seven thousand five hundred dollars ($7,500) of

valuation and which exemption is in addition to any and all other exemptions from taxation and tax

credits to which the person may be entitled by this chapter or any other provision of law.

     (c) Cranston.

     (1) The city council of the city of Cranston may, by ordinance, exempt from valuation for

taxation the real property situated in the city and owned and occupied by any person over the age

of sixty-five (65) years which exemption is in an amount not exceeding nine thousand dollars

($9,000) and which exemption is in addition to any and all other exemptions from taxation to which

the person may be otherwise entitled. The exemption shall be applied uniformly and without regard

to ability to pay.

     (2) The city council of the city of Cranston may, by ordinance, exempt from valuation for

taxation the property subject to the excise tax situated in the city and owned by any person over the

age of sixty-five (65) years, not owning real property, which exemption is in an amount not

exceeding three thousand dollars ($3,000) and which exemption is in addition to any and all other

exemptions from taxation to which the person may be otherwise entitled. The exemption shall be

applied uniformly and without regard to ability to pay.

     (d) East Greenwich. The town council of the town of East Greenwich may, by ordinance,

and upon any terms and conditions that it deems reasonable, exempt from taxation the real estate

situated in the town of East Greenwich owned and occupied by any resident of the age of sixty-five

(65) to seventy (70) years, as of the preceding December 31st up to an amount of twenty-six

thousand dollars ($26,000); or, of the age of seventy (70) to seventy-five (75) years, as of the

preceding December 31st up to an amount of thirty-four thousand dollars ($34,000); or, of the age

of seventy-five (75) to eighty (80) years, as of the preceding December 31st up to an amount of

forty-two thousand dollars ($42,000); or, of the age of eighty (80) to eighty-five (85) years, as of

the preceding December 31st up to an amount of fifty thousand dollars ($50,000); or, of the age of

eighty-five (85) years or more, as of the preceding December 31st up to an amount of fifty-eight

thousand dollars ($58,000), and which exemption is in addition to any and all other exemptions

from taxation to which the resident may otherwise be entitled. The exemption shall be applied

uniformly and without regard to ability to pay. Only one exemption shall be granted to cotenants,

joint tenants, and tenants by the entirety, even though all the cotenants, joint tenants, and tenants

by the entirety are eligible for an exemption pursuant to this subsection. The exemption applies to

a life tenant who has the obligation for payment of the tax on real estate.

     (e) Lincoln. The town council of the town of Lincoln may, by ordinance, exempt from

taxation the real property, situated in said town, owned and occupied for a period of five (5) years

by any person over the age of sixty-five (65) years, which exemption shall be in an amount not

exceeding twenty-four thousand four hundred and forty dollars ($24,440) of valuation, and which

exemption shall be in addition to any and all other exemptions from taxation to which said person

may be otherwise entitled. Said exemption shall be applied uniformly and without regard to ability

to pay.

     (f) North Providence. The town council of the town of North Providence may, by

ordinance, exempt from valuation for taxation the real property located within the town of any

person sixty-five (65) years or over, which exemption is in amount not exceeding ten thousand

dollars ($10,000) of valuation and which exemption shall be in addition to any and all other

exemptions from taxation and tax credits to which the person may be entitled by this chapter or any

other provision of law.

     (g) Tiverton. The town council of the town of Tiverton may, by ordinance, exempt from

taxation the real property situated in the town owned and occupied by any person over the age of

sixty-five (65) years, and which exemption is in an amount not exceeding ten thousand dollars

($10,000) of valuation, and which exemption is in addition to any and all other exemptions from

taxation to which the person may be otherwise entitled. The exemption shall be applied uniformly

and without regard to ability to pay. Only one exemption shall be granted to cotenants, joint tenants,

and tenants by the entirety, even though all of the cotenants, joint tenants, and tenants by the entirety

are sixty-five (65) years of age or over. The exemption applies to a life tenant who has the obligation

for the payment of the tax on real property.

     (h) Warren. The town council of the town of Warren may, by ordinance, exempt from

taxation the real property situated in the town owned and occupied by any person over the age of

sixty-five (65) years, and which exemption is in amount not exceeding thirty thousand six hundred

fifty-six dollars ($30,656) of valuation and which exemption is in addition to any and all other

exemptions from taxation to which the person may be otherwise entitled. The exemption shall be

applied uniformly and without regard to ability to pay. Only one exemption shall be granted to

cotenants, joint tenants, and tenants by the entirety, even though all of the cotenants, joint tenants,

and tenants by the entirety are sixty-five (65) years of age or over. The exemption applies to a life

tenant who has the obligation for the payment of the tax on the real property.

     (i) Warwick. The finance director of the city of Warwick may, by ordinance, exempt from

taxation owner occupied residential real property or personal property located within the city of

any person sixty-five (65) years or over, which exemption is in an amount not exceeding twelve

thousand dollars ($12,000) of valuation and which exemption is in addition to any and all other

exemptions from taxation and tax credits to which the person may be entitled by this chapter or any

other provision of law.

     (j) Westerly. The town council of the town of Westerly may, by ordinance, exempt from

taxation a real property situated in the town owned and occupied for a period of five (5) years next

prior to filing of an application for a tax exemption, by any person over the age of sixty-five (65)

years, and which exemption is in an amount and pursuant to any income limitations that the council

may prescribe in the ordinance from time to time, and which exemption is in addition to any and

all other exemptions from taxation to which the person may be otherwise entitled. The exemption

shall be applied uniformly and without regard to ability to pay. Only one exemption shall be granted

to cotenants, joint tenants, and tenants by the entirety, even though all of the cotenants, joint tenants,

and tenants by the entirety are sixty-five (65) years of age or over. The exemption applies to a life

tenant who has the obligation for the payment of the tax on real property.

     (k) Charlestown. The town council of the town of Charlestown may, by ordinance, and

upon any terms and conditions that it deems reasonable, create a tax dollar credit reduction of

taxation against real estate situated in the town of Charlestown owned and occupied by any resident

of the age of sixty-five (65) years or over, and which credit is in an amount and pursuant to any

income limitations that the council may prescribe in the ordinance, from time to time, and which

credit is in addition to any and all other exemptions from taxation to which the person may be

otherwise entitled. The credit shall be applied uniformly and without regard to ability to pay. Only

one credit shall be granted to cotenants, joint tenants, and tenants by the entirety, even though all

of the cotenants, joint tenants, and tenants by the entirety are sixty-five (65) years of age or over.

The credit applies to a life tenant who has the obligation for the payment of the tax on real property.

     (l) Johnston.

     (1) Notwithstanding any general law to the contrary, the town council of the town of

Johnston may, by ordinance, exempt from taxation the real property situated in the town of Johnston

owned and occupied by any person sixty-five (65) years of age or over. An owner of an owner-

occupied dwelling who has attained the age of at least sixty-five (65) years and who is a resident

of the town of Johnston, as provided in said ordinance, shall be entitled to a tax credit in the amount

of:

     (i) Eight hundred dollars ($800) for fiscal year 2025;

     (ii) Nine hundred dollars ($900) for fiscal year 2026; and

     (iii) One thousand dollars ($1,000) for fiscal year 2027 and thereafter.

     (2) There shall be only one such credit granted to co-tenants, joint tenants, or tenants by

the entirety, even though all such co-tenants, joint tenants, or tenants by the entirety are sixty-five

(65) years of age or over and who own and occupy the same residential property located in the town

of Johnston.

     (3) The credit shall be in addition to any and all other exemptions from taxation to which

the person may be otherwise entitled; provided, however, the total amount of all credits and

exemptions shall not exceed the amount of the eligible resident owner's total residential property

tax bill in that fiscal year.

 

803)

Section

Amended By Chapter Numbers:

 

44-3-13.1

37 and 38

 

 

44-3-13.1. West Warwick — Exemption of persons over the age of 65 years.

     The town council of the town of West Warwick may, by ordinance, exempt from taxation

the real property situated in the town owned and occupied by any person over the age of sixty-five

(65) years, and which exemption is in an amount up to ten thousand dollars ($10,000) thirty

thousand dollars ($30,000), and which exemption is in addition to any and all other exemptions

from taxation to which the person may be otherwise entitled. The exemption shall be applied

uniformly and without regard to ability to pay. Only one exemption shall be granted to cotenants,

joint tenants, and tenants by the entirety, even though all of the cotenants, joint tenants, and tenants

by the entirety are sixty-five (65) years of age or over. The exemption applies to a life tenant who

has the obligation for the payment of the tax on the real property.

 

 

 

804)

Section

Added By Chapter Numbers:

 

44-3-16

37 and 38

 

 

44-3-16. Elderly — Freeze of tax rate and valuation.

     (a) The city or town councils of the various cities and towns except the towns of West

Warwick, Exeter, Coventry and Bristol may provide, by ordinance, for the freezing of the rate and

valuation of taxes on real property located therein to any person who is sixty-five (65) years or

older or to any person who is totally and permanently disabled regardless of age and who does not

have income from all sources in excess of four thousand dollars ($4,000) per year, or in the case of

the town of Johnston to any person who is sixty-five (65) years or older or to any person who is

totally and permanently disabled regardless of age and who does not have income from all sources

in excess of six thousand dollars ($6,000) per year, and a total income of seventy-two hundred

dollars ($7,200) for two (2) or more persons living in that dwelling, or in the case of the city of

Cranston to any person who is sixty-five (65) years or older or to any person who is totally and

permanently disabled regardless of age and who does not have income from all sources in excess

of twenty thousand dollars ($20,000) per year, or a lesser figure as determined by the city council

of the city of Cranston and a total income of twenty-three thousand dollars ($23,000), or a lesser

figure as determined by the city council of the city of Cranston, for two (2) or more persons living

in that dwelling; provided, that the freeze of rate and valuation on real property applies only to

owner occupied single or two-family (2) dwellings in which the person resides; and provided,

further, that the exemption is not allowed unless the person entitled to it 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 the tax freeze is claimed, or for taxes assessed December 31, 2009, the deadline

is April 15, 2010, evidence that he or she is entitled, which evidence shall stand as long as his or

her legal residence remains unchanged. The exemptions shall be in addition to any other exemption

provided by law, and provided, further, that the real estate is not taken from the tax rolls and is

subject to the bonded indebtedness of the city or town.

     (b)(1) The town council of the town of West Warwick may provide, by ordinance, for a

schedule of exemptions from the assessed valuation on real property located there for any person

who is sixty-five (65) years or older or to any person who is totally and permanently disabled

regardless of age, which exemption schedule is based upon gross annual income from all sources

as follows:

     (i) An exemption of three hundred seventy-five dollars ($375) up to one thousand dollars

($1,000) for those having a gross annual income from all sources of $0 to $15,000;

     (ii) An exemption of two hundred eighty dollars ($280) up to eight hundred dollars ($800)

for those having a gross annual income from all sources of $15,001 to $20,000;

     (iii) An exemption of two hundred thirty-five dollars ($235) up to six hundred dollars

($600) for those having a gross annual income from all sources of $20,001 to $25,000;

     (iv) An exemption of one hundred ninety dollars ($190) up to four hundred dollars ($400)

for those having a gross annual income from all sources of $25,001 to $30,000;

     (v) An exemption of one hundred dollars ($100) up to three hundred dollars ($300) for

those having a gross annual income from all sources of $30,001 to $35,000.;

     (vi) An exemption of up to two hundred dollars ($200) for those having a gross annual

income from all sources of thirty-five thousand and one dollar ($35,001) to forty thousand dollars

($40,000).;

     (vii) An exemption of up to one hundred fifty dollars ($150) for those having a gross annual

income from all sources of forty thousand and one dollar ($40,001) to forty-five thousand dollars

($45,000).

     (2) Provided, that the exemption schedule applies only to single family dwellings in which

the person resides; provided, further, that the person acquired the property for actual consideration

paid or inherited the property; provided, further, that the person has resided in the town of West

Warwick for a period of three (3) years ending with the date of assessment for the year for which

exemption is claimed; and provided, further, that the exemption is not allowed unless the person

entitled to it has presented to the assessors, on or before the last day on which sworn statements

may be filed with the tax assessor for the year for which the exemption is claimed, evidence that

he or she is entitled, which evidence shall stand as long as his or her residence remains unchanged.

In the case of married persons, the age requirement will be met as soon as either the husband or

wife reaches the age of sixty-five (65) years and in the event the husband passes away, a widow

sixty-two (62) years of age to sixty-five (65) years of age is allowed the exemption as long as she

remains unmarried.

     (3) Those persons granted tax relief under chapter 255 of the Public Laws of 1972 have the

option of retaining their current tax freeze or abandoning it to seek relief under this subsection.

     (c) The town council of the town of Coventry may, by ordinance, exempt from taxation the

real property and/or mobile homes situated in the town which is owned and occupied as the

principal residence, by any one or more persons sixty-five (65) years of age or over or by one who

is totally and permanently disabled, regardless of age, domiciled in the town of Coventry, upon

terms and conditions that may be established by the town council in the ordinance. The exemption

is for taxes assessed December 31, 1975, and subsequent years. Any ordinance adopted by the town

council pursuant to the provisions of this subsection and subsections (d) and (e) may be amended

at any time and from time to time by the town council or any successor town council.

     (d) The town council of the town of Coventry may, by ordinance, exempt from taxation

the real property situated in the town, owned and occupied by any person, who is a veteran as

defined in § 44-3-4, totally and permanently disabled or over the age of sixty-five (65) years, which

exemption is in an amount not exceeding nine thousand dollars ($9,000) of valuation, retroactive

to real property assessed on December 31, 1978, and which exemption is in addition to any and all

other exemptions from taxation to which the person may be entitled. The exemption is applied

uniformly, and without regard to ability to pay, provided, that only one exemption is granted to

cotenants, joint tenants, and tenants by the entirety, even though all of the cotenants, joint tenants,

and tenants by the entirety are veterans, totally and permanently disabled, or sixty-five (65) years

of age or over. The exemption applies to a life tenant who has the obligation for the payment of the

tax on the real property.

     (e) The town council of the town of Coventry is authorized in the ordinance or ordinances

to provide that any person who obtains an exemption pursuant to the ordinance to which the person

is not entitled by the filing or making of any false statement or the proffering of any document or

other writing known by the person to have been altered, forged, or to contain any false or untrue

information is liable to the town of Coventry for an amount equal to double the amount of reduction

in taxes resulting from the exemption, which amount is recoverable by the town in a civil action.

     (f) The town council of the town of Exeter may provide, by ordinance, for the freezing of

the rate and valuation of taxes on real property located in the town to any qualified person who is

sixty-five (65) years or older regardless of income, or to any person who is totally and permanently

disabled regardless of age, and income, provided, that the freeze of rate and valuation on real

property applies only to single family dwellings in which the person resides; and provided, further,

that the person acquired the property for actual consideration paid or inherited the property; and

provided that the qualified person 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 the exemption is claimed,

evidence that he or she is entitled, which evidence shall stand as long as his or her legal residence

remains unchanged. The stabilization of resulting tax assessments shall be subject to reasonable

definitions, terms and conditions as may otherwise be prescribed by ordinance. The exemption is

in addition to any other exemption provided by law, and provided, further, that the real estate is not

taken from the tax rolls and is subject to the bonded indebtedness of the town.

     (g)(1)(i) The town council of the town of Bristol may provide, by ordinance, for the

freezing of the rate and valuation of taxes on real property located there to any person who is sixty-

five (65) years or older, or if not sixty-five (65) or older, the taxpayer’s spouse who is domiciled

with him or her, is sixty-five (65) or older; who is fifty (50) years or older and who is the widow

or widower of a taxpayer who, prior to death, had qualified for, and was entitled to relief under this

subsection and who was domiciled with the decedent taxpayer on the date of death or to any person

who is totally and permanently disabled regardless of age. The taxpayer shall reside in the town of

Bristol for one year prior to filing the claim for relief.

     (ii) To qualify for relief, the taxpayer shall have “adjusted gross income,” as the term is

defined for federal income tax purposes, for the preceding calendar year of less than ten thousand

dollars ($10,000).

     (2) The tax is calculated by fixing the tax at the tax rate as levied on the real property during

the year in which the taxpayer became age sixty-four (64) or totally and permanently disabled

regardless of age. The rate remains regardless of the taxpayer’s age, date of application, or date of

qualification.

     (3) The taxpayer shall apply annually for tax relief on a form prepared by the tax assessor.

The application shall be filed between January 1 and May 15 for any year in which benefits are

claimed. The taxpayer shall file any supplemental information necessary to satisfy the claim. Upon

approval, the tax relief shall take effect in the next forthcoming tax roll.

     (4) The owner of the property or a tenant for life or for a term of years who meets the

qualifications previously enumerated is entitled to pay the tax levied on the property for the first

year in which the claim for tax relief is filed and approved. For each subsequent year the taxpayer

shall meet the qualifications hereafter enumerated, the taxpayer shall be entitled to continue to pay

the tax or the lesser amount as is levied.

     (h) The town council of the town of Tiverton may, by ordinance, provide for a tax credit

on the real property and/or mobile homes situated in the town and owned and occupied as the

principal residence by any one or more persons sixty-five (65) years of age or over, domiciled in

the town of Tiverton, upon terms and conditions as may be established by the town council in the

ordinance.

     (i)(1) The town of Tiverton may provide, by ordinance, for a schedule of tax credits for

any person who is sixty-five (65) years or older, which tax credit schedule is based upon annual

adjusted gross income as defined for federal income tax purposes.

     (2) Provided, that the tax credit schedule applies only to single-family dwellings in which

the person resides; provided, further, that the person acquired the property for actual consideration

paid or inherited the property; provided, further, that the person has resided in the town of Tiverton

for a period of three (3) years ending with the date of assessment for the year for which the tax

credit is claimed; and provided, further, that the tax credit is not allowed unless the person entitled

to it has presented to the assessors, on or before the last day on which sworn statements may be

filed with the tax assessor for the year for which the tax credit is claimed, due evidence that he or

she is so entitled, which evidence shall stand as long as his or her residence remains unchanged.

     (3) In the case of married persons, the age requirement will be met as soon as either the

husband or wife reaches the age of sixty-five (65) years, and in the event a spouse passes away, a

widow(er) sixty-two (62) years of age to sixty-five (65) years of age is allowed the tax credit as

long as he or she remains unmarried.

     (j) The city council of the city of Warwick may provide, by ordinance, for the freezing of

the tax rate and valuation of real property for persons seventy (70) years of age or older who reside

in owner occupied single-family homes where the income from all sources does not exceed seven

thousand five hundred dollars ($7,500) for a single person and does not exceed fifteen thousand

dollars ($15,000) for married couples. Persons seeking relief shall apply for an exemption to the

tax assessor no later than March 15 of each year.

     (k) The town council of the town of East Greenwich may provide, by ordinance, and upon

such terms and conditions as it deems reasonable, for the freezing of both the tax rate attributable

to education and the valuation of taxes on real property located in the town of any person who is

sixty-five (65) years or older or of any person who is totally and permanently disabled regardless

of age; provided, that the freeze of rate and valuation on real property applies only to single or two

(2) family dwellings in which the person resides; and provided, further, that the person acquired

the property for actual consideration paid or inherited the property; and provided, further, that the

exemption is not allowed unless the person entitled to it has presented to the tax assessor, on or

before the last day on which sworn statements may be filed with the assessor for the year for which

the exemption is claimed, evidence that he or she is entitled, which evidence shall stand as long as

his or her legal residence remains unchanged. The exemption is in addition to any other exemption

provided by law; and provided, further, that the real estate is not taken from the tax rolls and is

subject to the bonded indebtedness of the town.

     (l) The town council of the town of Charlestown may create a tax dollar credit reduction in

lieu of such exemption, upon terms and conditions that the council may prescribe.



805)

Section

Added By Chapter Numbers:

 

44-3-68

19 and 20

 

 

44-3-68. Portsmouth -- Tax exemptions, abatements, or payments in lieu of tax

agreements.

     The town council of the town of Portsmouth may, by ordinance or resolution, provide for

exemption from valuation for taxation or otherwise enter into tax abatement or payment in lieu of

taxes agreements upon terms acceptable to the town council regarding the real property known as

"Quaker Manor" located at 2368 East Main Road, and designated as tax assessor's map 39, lots

47A and 47C, which is occupied by persons or families of low- or moderate- income.

 

806)

Section

Amended By Chapter Numbers:

 

44-5-11.8

115 and 116

 

 

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 [repealed].

     (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.; provided, however, that the owner-occupied rate 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.

     (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.

     (j) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of New Shoreham 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, 2023.

     (k) Notwithstanding the provisions of subsection (a) of this section, the town council of the

town of Bristol 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, 2023. Further, the Bristol 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.

     (1) The city council of the city of Providence 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; that the tax rate for Class 3 shall not be

more than three (3) times the tax rate of Class 1; and that the tax rate for Class 2 shall not be more

than three and one-half (3½) times the effective owner-occupied tax rate of Class 1, whether by

homestead exemption or separate rates.

 

807)

Section

Added By Chapter Numbers:

 

44-5-11.18

115 and 116

 

 

44-5-11.18. Tax classification -- Providence.

     Notwithstanding any provision of § 44-5-11.8 to the contrary, the city of Providence may

adopt a tax classification with unrestricted tax rates by ordinance as follows:

     (1) Classes of property.

     (i)(A) Class 1A: Residential real estate consisting of fewer than six (6) dwelling units; land

classified as open space; and dwellings on leased land including mobile homes.

     (B) Class 1B: Residential real estate consisting of six (6) to ten (10) dwelling units.

     (C) Class 1C: Residential real estate of more than ten (10) dwelling units.

     (ii) Class 2: Commercial and industrial real estate.

     (iii) Class 3: Properties containing partial residential and commercial or business uses. The

city is authorized to adopt a tax rate for this class or to apply the appropriate residential tax rate to

the residential portion of the property and the commercial rate to the commercial portion of the

property. The city may apportion property by square footage, by number of units, or by any other

reasonable and consistent manner.

     (iv) Class 4: All ratable, tangible personal property.

     (2) A homestead exemption is also authorized within Class 1A. In lieu of a homestead

exemption, the city of Providence may divide Class 1A into non-owner and owner-occupied

property and adopt separate tax rates.

     (3) In any tax year after the first in which the city of Providence adopts such a tax

classification, the city council of the city of Providence may by ordinance change the number of

dwelling-units to be included in Class 1A, Class 1B, and Class 1C.

     (4) The tax rate for Class 2 shall not be more than two (2) times the base tax rate of Class

1A; and the tax rate for Class 2 shall not be more than three and one-half (3½) times the effective

owner-occupied tax rate of Class 1, whether by homestead exemption or separate rates. There shall

be no further differential tax rate limits for a tax classification adopted pursuant to this section.

 

808)

Section

Added By Chapter Numbers:

 

44-5-13.41

421 and 443

 

 

44-5-13.41. Woonsocket--Assessment and taxation of new real estate construction.

     (a) Completed new construction of real estate, including manufactured homes or dwellings

or living units on leased land, in the city of Woonsocket completed after any assessment date is

liable for the payment of municipal taxes from the date the certificate of use and occupancy is

issued or the date on which the new construction is first used for the purpose for which it was

constructed, whichever is the earlier, prorated for the assessment year in which the new

construction is completed. The prorated tax is computed on the basis of the applicable rate of tax

with respect to the property, including the applicable rate of tax in any tax district in which the

property is subject to tax following completion of the new construction, on the date the property

becomes liable for the prorated tax in accordance with this section.

     (b) The building official issuing the certificate shall, within ten (10) days after issuing the

certificate, notify the assessor in writing of the issuance of the certificate of use and occupancy.

     (c)(1) Not later than ninety (90) days after receipt by the assessor of the notice from the

building official or after a determination by the assessor that the new construction is being used for

the purpose for which it was constructed, the assessor shall determine the increment by which the

assessment for the completed construction exceeds the assessment on the tax roll for the

immediately preceding assessment date. The assessor shall prorate that amount from the date of

issuance of the certificate of use and occupancy or the date on which the new construction was first

used for the purpose for which it was constructed, as the case may be, to the assessment date

immediately following and shall add the increment as so prorated to the tax roll for the immediately

preceding assessment date and shall within five (5) days notify the record owner as appearing on

the tax roll and tax collector of the additional assessment.

     (2) In a property revaluation year, the assessor shall determine the increment by which the

assessment for the completed construction exceeds the assessment on the tax roll for the

immediately preceding assessment date, shall prorate that amount from the date of issuance of the

certificate of use and occupancy or the date on which the new construction was first used for the

purpose for which it was constructed, to the assessment date immediately following, and shall add

the increment as prorated to the tax roll for the immediately preceding assessment date not later

than forty-five (45) days after the date the tax roll is certified, or forty-five (45) days after receipt

by the assessor of the notice from the building official or after a determination by the assessor that

the new construction is being used for the purpose for which it was constructed.

     (d) Any person claiming to be aggrieved by the action of the assessor under this section

may appeal to the assessment board of review within sixty (60) days from notification of the

additional assessment or to superior court as provided.

     (e) Upon receipt of the notice from the assessor, the tax collector shall, if the notice is

received after the normal billing date, within ten (10) days thereafter, mail or hand a bill to the

owner based upon an amount prorated by the assessor. The tax is due and payable and collectible

as other municipal taxes and subject to the same liens and processes of collection; provided that,

the tax is due and payable in an initial or single installment due and payable not sooner than thirty

(30) days after the date the bill is mailed or handed to the owner, and in any remaining, regular

installments, as they are due and payable, and the several installments of a tax so due and payable

are equal.

     (f) Nothing in this section authorizes the collection of taxes twice in respect of the land

upon which the new construction is located.

     (g) This section applies only to taxes levied and property assessed in the city of

Woonsocket.

 

809)

Section

Amended By Chapter Numbers:

 

44-7-7

221 and 222

 

 

44-7-7. Notice by collector to taxpayer of amount of tax.

     (a) The collector, after receiving a tax list and warrant, shall immediately, at the expense

of the city or town, send notice to each person assessed of the amount of his or her the person's tax.

The notice shall be mailed postpaid and directed to the address on file in the office of the city or

town treasurer or the assessors of taxes. Failure by the collector to send or failure by the taxpayer

to receive a notice (physical, digital, or electronic) shall not excuse the nonpayment of the tax or

affect its validity or any proceedings for the collection of the tax.

     (b) The collector may establish a program whereby a taxpayer can waive their right to

receive notice of the amount of tax owed via mail in lieu of notice via email or through some other

digital or electronic means.

     (c) Provisions of charters, general, and special laws granted by the general assembly are

hereby repealed, prospectively, to the extent inconsistent with this section.

 

810)

Section

Amended By Chapter Numbers:

 

44-11-26.1

148 and 150

 

 

44-11-26.1. Revocation of articles or authority to transact business for nonpayment

of tax.

     (a) The tax administrator may, after July 15 of each year, make up compile a list of all

corporations that have failed to pay the corporate tax defined in § 44-11-2 for one year after the tax

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 shall issue notice and initiate revocation proceedings as defined in §§ 7-1.2-1310 and 7-1.2-

1414.

     (b) With respect to any information provided by the division of taxation to the secretary of

state 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 provisions of subsections subsection (a) or (b) of this section, 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 as required by § 44-11-2. 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.

 

811)

Section

Amended By Chapter Numbers:

 

44-14-13

158 and 159

 

 

44-14-13. Business expenses deductible.

     (a) In computing net income there shall be allowed as deductions all the ordinary and

necessary expenses paid or incurred by the taxpayer during the income period in carrying on its

trade or business, except United States income and excess profits taxes and the tax imposed by this

chapter. Without limiting the generality of the foregoing there shall be allowed as deductions: a

reasonable allowance for salaries and other compensation for personal services actually rendered;

rent; repairs; bad debts; interest; taxes, except United States income and excess profits taxes and

the tax imposed by this chapter; losses sustained and not compensated for by insurance or

otherwise; depreciation; depletion of mines, oil and gas wells, and timber; amortization of assets;

amortization of premiums on “securities” as defined in § 44-14-2(5)(ii); and contributions to any

corporation, association, or fund organized and operated exclusively for religious, charitable,

scientific, literary, or educational purposes, no part of the net earnings of which inures to the benefit

of any private shareholder or individual.

     (b) For tax years beginning on or after January 1, 2025, to the extent that a taxpayer subject

to tax under this chapter has elected to allocate and apportion its net income pursuant to § 44-14-

14.1(f)(1) and would be included in a unitary business, as defined in § 44-11-1(11), with one or

more entities subject to tax under chapter 11 of this title if not for the exemptions from the definition

of "corporations corporation" set forth in § 44-11-1(4)(i), all business expense transactions

between the taxpayer and the members of the unitary business shall be added to net income of the

taxpayer subject to tax under this chapter; except that no such adjustment shall be required to the

extent it would result in duplicate taxation in violation of law.

     (c) The adjustments required in subsection (b) of this section shall add back otherwise

deductible business expenses paid, accrued, or incurred to a related member, except that a deduction

shall be permitted to the extent that either:

     (1) The taxpayer establishes by clear and convincing evidence, as determined by the tax

administrator, that the disallowance of the deduction is unreasonable; or

     (2) The taxpayer and the tax administrator agree in writing to the application of an

alternative method of apportionment. For purposes of this subsection, the add back of a business

expense transaction will be considered unreasonable where the taxpayer establishes by clear and

convincing evidence that the transaction was primarily entered into for a valid business purpose

rather than to avoid payment of taxes due under this chapter, the business expense paid is pursuant

to a written contract that reflects arm’s length terms, and that it is supported by documented

economic substance. Nothing in this subsection shall be construed to limit or negate the tax

administrator’s authority to otherwise enter into agreements and compromises otherwise allowed

by law.

 

812)

Section

Amended By Chapter Numbers:

 

44-14-14.1

158 and 159

 

 

44-14-14.1. Apportionment and allocation of income for purposes of taxation.

     (a) Except as specifically provided in this chapter a banking institution whose business

activity is taxable both within and outside of this state shall allocate and apportion its net income

as provided in §§ 44-14-14.1 — 44-14-14.5. A financial institution organized under the laws of a

foreign country, the Commonwealth of Puerto Rico, or a territory or possession of the United States

whose effectively connected income (as defined under the federal Internal Revenue Code) is

taxable both within this state and within another state, other than the state in which it is organized

shall allocate and apportion its net income as provided in §§ 44-14-14.1 — 44-14-14.5.

     (b) All income shall be apportioned to this state by multiplying this income by the

apportionment percentage. The apportionment percentage is determined by adding the taxpayer’s

receipts factor (as described in § 44-14-14.3), property factor (as described in § 44-14-14.4), and

payroll factor (as described in § 44-14-14.5) together and dividing the sum by three. If one of the

factors is missing, the two remaining factors are added and the sum is divided by two. If two of the

factors are missing, the remaining factor is the apportionment percentage. A factor is missing if

both its numerator and denominator are zero, but it is not missing merely because its numerator is

zero.

     (c) Each factor shall be computed according to the method of accounting (cash or accrual

basis) used by the taxpayer for the taxable year.

     (d) For tax years ending prior to January 1, 2025, if If the allocation and apportionment

provisions of §§ 44-14-14.1 — 44-14-14.5 do not fairly represent the extent of the taxpayer’s

business activity in this state, the taxpayer may petition for or the tax administrator may require, in

respect to all or any part of the taxpayer’s business activity, if reasonable:

     (1) The exclusion of any one or more of the factors;

     (2) The inclusion of one or more additional factors which will fairly represent the

taxpayer’s business activity in this State state; or

     (3) The employment of any other method to effectuate an equitable allocation and

apportionment of the taxpayer’s income.

     (e) For tax years beginning on or after January 1, 2025, if the allocation and apportionment

provisions of §§ 44-14-14.1 through — 44-14-14.5 or subsection (f) of this section are not

reasonably adapted to approximate the net income derived from business carried on within the state,

a banking institution may apply to the tax administrator, or the tax administrator may require the

banking institution, to have its income derived from business carried on within the state determined

by an alternative method. Such application shall be made by attaching to its duly-filed return a

statement of the reasons why the banking institution believes that §§ 44-14-14.1 through — 44-14-

14.5 or subsection (f) of this section are not reasonably adapted to approximate its net income

derived from business carried on within the state and a description of the method sought by it. A

banking institution which so applies shall, upon receipt of a request therefor from the tax

administrator, file with the tax administrator, under oath of its treasurer, a statement of such

additional information as the tax administrator may require.

     If, after such application by the banking institution, or after the tax administrator’s own

review, the tax administrator determines that §§ 44-14-14.1 through — 44-14-14.5 or subsection

(f) of this section are not reasonably adapted to approximate the banking institution’s net income

derived from business carried on within the state, the tax administrator shall by reasonable methods

determine the amount of net income derived from business activity carried on within the state. The

amount thus determined shall be the net income taxable under §§ 44-14-3 or § 44-14-4 and the

foregoing determination shall be in lieu of the determination required by §§ 44-14-14.1 through

— 44-14-14.5 or subsection (f) of this section. If an alternative method is used by the tax

administrator hereunder, the tax administrator, in their discretion, may require similar information

from such banking institution if it shall appear that such alternative method or §§ 44-14-14.1

through — 44-14-14.5 or subsection (f) of this section are not reasonably adapted to approximate

for the applicable year the banking institution’s net income derived from business carried on within

the state and may again by reasonable methods determine such income.

     (f) For tax years beginning on or after January 1, 2025:, (1) Except except as specifically

provided in this chapter a banking institution whose business activity is taxable both within and

outside of this state may elect to allocate and apportion its net income by multiplying its net income

by its receipts factor as described in § 44-14-14.3. For purposes of an election made pursuant to

this subsection (1f), the following shall apply:

     (i1) An election shall be made by filing the form prescribed by the tax administrator with

the taxpayer’s duly-filed return. The election shall take effect in the tax year for which the taxpayer

makes the election and shall remain in effect for all subsequent tax years; except that, after a

minimum of five (5) subsequent tax years after the tax year for which the election is made, in the

event of a material change of facts or law, a taxpayer may apply to the tax administrator to revoke

the election. Such application shall be made by attaching a statement of the event of a material

change of facts or law to the taxpayer’s duly-filed return. A banking institution which so applies

shall, upon receipt of a request therefor from the tax administrator, file with the tax administrator,

under oath of its treasurer, a statement of such additional information as the tax administrator may

require.

     (ii2) If the receipts factor is missing, the whole of the banking institution’s net income shall

be taxable pursuant to §§ 44-14-3 through — 44-14-4. The receipts factor shall be missing if both

its numerator and denominator are zero, but it shall not be missing merely because its numerator is

zero.

     (iii3) The receipts factor shall be computed according to the method of accounting (cash or

accrual basis) used by the taxpayer for the taxable year.

 

813)

Section

Added By Chapter Numbers:

 

44-14-39

158 and 159

 

 

44-14-39. Combined reporting study.

     (a) For the purpose of this section:

     (1) “Common ownership” means more than fifty percent (50%) of the voting control of

each member of the group is directly or indirectly owned by a common owner or owners, either

corporate or non-corporate, whether or not the owner or owners are members of the combined

group.

     (2) “Member” means a banking institution included in a unitary business.

     (3) “Unitary business” means the activities of a group of two (2) or more banking

institutions as defined in § 44-14-2(2) and corporations as defined in § 44-11-1(4) under common

ownership that are sufficiently interdependent, integrated, or interrelated through their activities so

as to provide mutual benefit and produce a significant sharing or exchange of value among them

or a significant flow of value between the separate parts. The term unitary business shall be

construed to the broadest extent permitted under the United States Constitution.

     (4) “United States” means the fifty (50) states of the United States, the District of

Columbia, and the United States’ territories and possessions.

     (b) Combined reporting.

     (1) As part of its tax return for the taxable year beginning after December 31, 2023, but

before January 1, 2026, each banking institution which is part of a unitary business must file a

report, in a manner prescribed by the tax administrator, for the combined group containing the

combined net income of the combined group. The use of a combined report does not disregard the

separate identities of the members of the combined group. The report shall include, at a minimum,

for each taxable year the following:

     (i) The difference in tax owed as a result of filing a combined report compared to the tax

owed under the current filing requirements;

     (ii) Volume of sales in the state and worldwide; and

     (iii) Taxable income in the state and worldwide.

     (2) The combined reporting requirement required pursuant to this section shall not include

any persons that engage in activities enumerated in §§ 44-13-4 or § 44-17-1, whether within or

outside this state. Neither the income or loss nor the apportionment factors of such a person shall

be included, directly or indirectly, in the combined report.

     (3) Members of a combined group shall exclude as a member and disregard the income and

apportionment factors of any banking institution chartered or corporation incorporated in a foreign

jurisdiction (a “foreign banking institution or corporation”) if the average of its property, payroll,

and sales factors outside the United States is eighty percent (80%) or more. If a foreign banking

institution or corporation is includible as a member in the combined group, to the extent that such

foreign banking institution or corporation’s income is subject to the provisions of a federal income

tax treaty, such income is not includible in the combined group net income. Such member shall

also not include in the combined report any expenses or apportionment factors attributable to

income that is subject to the provisions of a federal income tax treaty. For purposes of this chapter,

“federal income tax treaty” means a comprehensive income tax treaty between the United States

and a foreign jurisdiction, other than a foreign jurisdiction which the organization for economic co-

operation cooperation and development has determined has not committed to the internationally

agreed tax standard, or has committed to the international agreed tax standard but has not yet

substantially implemented that standard, as identified in the then-current organization for economic

co-operation cooperation and development progress report.

     (c) Any banking institution which is required to file a report under this section which fails

to file a timely report or which files a false report shall be assessed a penalty not to exceed ten

thousand dollars ($10,000). The penalty may be waived for good cause shown for failure to timely

file.

     (d) The tax administrator shall on or before March 15, 2027, based on the information

provided in income tax returns and the data submitted under this section, submit a report to the

chairs of the house finance committee and senate finance committee, and the house fiscal advisor

and the senate fiscal advisor analyzing the policy and fiscal ramifications of changing the bank

excise tax statute to a combined method of reporting.

 

 

 

 

 

814)

Section

Amended By Chapter Numbers:

 

44-30-2.11

394 and 395

 

 

44-30-2.11. Refund deduction for contribution to the substance use and mental health

leadership council of RI.

     (a) There shall be provided as a deduction from any refund from the Rhode Island personal

income tax otherwise due to a taxpayer for a taxable year a contribution to the substance use and

mental health leadership council of RI. The provision for the contribution shall appear on the state

personal income tax return as follows:

Substance use and mental health leadership council of RI.

     Check if you wish to contribute

     ___________ $1.00

     ___________ $5.00

     ___________ $10.00

     ___________ $ _______________ (write in amount of your tax REFUND for this

program.)

     (b) The tax administrator shall annually forward by August 1, all contributions made to the

substance use and mental health leadership council of RI to the general treasurer to be deposited in

the fund created in § 23-14-3. The general treasurer shall annually distribute the proceeds of the

fund as prescribed in chapter 14 of title 23.

     (c) The provisions of this section shall commence for returns filed for the tax year ending

December 31, 2018, and shall sunset and expire for the tax year ending December 31, 2023.

 

815)

Section

Added By Chapter Numbers:

 

44-30-2.12

394 and 395

 

 

4-30-2.12. Refund deduction for contribution to the behavioral health education,

training, and coordination fund.

     (a) There shall be provided as a deduction from any refund from the Rhode Island personal

income tax otherwise due to a taxpayer for a taxable year a contribution to the behavioral health

education, training, and coordination fund. The provision for the contribution shall appear on the

state personal income tax return as follows:

     

     Behavioral health education, training, and coordination fund.

     Check if you wish to contribute

     ___________ $1.00

     ___________ $5.00

     ___________ $10.00

     ___________ $ _______________ (write in amount of your tax REFUND for this

program.)

     (b) The tax administrator shall annually forward by August 1, contributions made to the

behavioral health education, training, and coordination fund to the general treasurer to be deposited

in the fund created in § 23-100102-2. The general treasurer shall annually distribute proceeds of

the fund as prescribed in chapter 100102 of title 23.

     (c) The provisionprovisions of this section shall commence for returns filed for the tax

year ending December 31, 2024.

 

 

 

 

816)

Section

Amended By Chapter Numbers:

 

44-31.2-2

211 and 212

 

 

44-31.2-2. Definitions.

     For the purposes of this chapter:

     (1) “Accountant’s certification” as provided in this chapter means a certified audit by a

Rhode Island certified public accountant licensed in accordance with chapter 3.1 of title 5.

     (2) “Application year” means within the calendar year the motion picture production

company files an application for the tax credit.

     (3) “Base investment” means the actual investment made and expended by a state-certified

production in the state as production-related costs.

     (4) “Documentary production” means a non-fiction production intended for educational or

commercial distribution that may require out-of-state principal photography.

     (5) “Domiciled in Rhode Island” means a corporation incorporated in Rhode Island or a

partnership, limited liability company, or other business entity formed under the laws of the state

of Rhode Island for the purpose of producing motion pictures as defined in this section, or an

individual who is a domiciled resident of the state of Rhode Island as defined in chapter 30 of this

title.

     (6) “Final production budget” means and includes the total pre-production, production, and

post-production out-of-pocket costs incurred and paid in connection with the making of the motion

picture. The final production budget excludes costs associated with the promotion or marketing of

the motion picture.

     (7) “Motion picture” means a feature-length film, documentary production, video,

television series, or commercial made in Rhode Island, in whole or in part, for theatrical or

television viewing or as a television pilot or for educational distribution. The term “motion picture”

shall not include the production of television coverage of news or athletic events, or reality

television show(s), nor shall it apply to any film, video, television series, or commercial or a

production for which records are required under 18 U.S.C. § 2257 to be maintained with respect to

any performer in such production or reporting of books, films, or other works or materials with

respect to sexually explicit conduct.

     (8) “Motion picture production company” means a corporation, partnership, limited

liability company, or other business entity engaged in the business of producing one or more motion

pictures as defined in this section. Motion picture production company shall not mean or include:

     (ai) Any company owned, affiliated, or controlled, in whole or in part, by any company or

person who or that is in default:

     (iA) On taxes owed to the state; or

     (iiB) On a loan made by the state in the application year; or

     (iiiC) On a loan guaranteed by the state in the application year; or

     (bii) Any company that or person who has discharged an obligation to pay or repay public

funds or monies by:

     (iA) Filing a petition under any federal or state bankruptcy or insolvency law;

     (iiB) Having a petition filed under any federal or state bankruptcy or insolvency law against

such company or person;

     (iiiC) Consenting to, or acquiescing or joining in, a petition named in (iA) or (iiB);

     (ivD) Consenting to, or acquiescing or joining in, the appointment of a custodian, receiver,

trustee, or examiner for the company’s or person’s property; or

     (vE) Making an assignment for the benefit of creditors or admitting in writing or in any

legal proceeding its insolvency or inability to pay debts as they become due.

     (9) “Primary locations” means the locations that: (1) At least fifty-one percent (51%) of

the motion picture principal photography days are filmed; or (2) At least fifty-one percent (51%)

of the motion picture’s final production budget is spent and employs at least five (5) individuals

during the production in this state; or (3) For documentary productions, the location of at least fifty-

one percent (51%) of the total productions days, which shall include pre-production and post-

production locations.

     (10) “Rhode Island film and television office” means an office within the Rhode Island

Council on the Arts that has been established in order to promote and encourage the locating of

film and television productions within the state of Rhode Island. The office is also referred to within

as the “film office.”

     (11) “State-certified production” means a motion picture production approved by the

Rhode Island film office and produced by a motion picture production company domiciled in

Rhode Island, whether or not the company owns or controls the copyright and distribution rights in

the motion picture; provided, that the company has either:

     (a) Signed a viable distribution plan; or

     (b) Is producing the motion picture for:

     (i) A major motion picture distributor;

     (ii) A major theatrical exhibitor;

     (iii) Television network; or

     (iv) Cable television programmer.

     (12)(i) “State-certified production cost” means any pre-production, production, and post-

production cost incurred and paid by that a motion picture production company for the performance

of services and use of property in Rhode Island for the production of a film incurs and pays to the

extent it occurs within the state of Rhode Island. Except as specifically required in this subsection

for music, legal, or accounting services, state-certified production costs shall include, without

limitation as to the person or business providing the goods or services, those costs, as long as

services are performed in Rhode Island, tangible personal property is used in Rhode Island, and

real property used by the motion picture production company is located in Rhode Island. Without

limiting the generality of the foregoing, “state-certified production costs” include: set construction

and operation; wardrobes, make-up, accessories, and related services; costs associated with

photography and sound synchronization, lighting, and related services and materials; editing and

related services, including, but not limited to: film processing, transfers of film to tape or digital

format, sound mixing, computer graphics services, special effects services, and animation services,

salary, wages, and other compensation, including related benefits, of persons employed, either

directly or indirectly, in the production of a film including writer, motion picture director, producer

(provided the work is performed in the state of Rhode Island); rental of facilities and equipment

used in Rhode Island; leasing of vehicles; costs of food and lodging; music, if performed,

composed, or recorded by a Rhode Island musician, or released or published by a person domiciled

in Rhode Island; travel expenses incurred to bring persons employed, either directly or indirectly,

in the production of the motion picture, to Rhode Island (but not expenses of such persons departing

from Rhode Island); and legal (but not the expense of a completion bond or insurance and

accounting fees and expenses related to the production’s activities in Rhode Island), provided such

services are provided by Rhode Island licensed attorneys or accountants. Vendors providing goods

and services in Rhode Island to a motion picture production company shall comply with applicable

Rhode Island laws, including, where required, registering with the office of the secretary of state;

provided, however, a vendor's failure to comply is not a basis to disqualify a motion picture

production company's state-certified production costs provided by that vendor. If a vendor does not

maintain a place of business in Rhode Island, that failure is not a basis to disqualify a motion picture

production company's state-certified production costs provided by that vendor.

 

817)

Section

Amended By Chapter Numbers:

 

44-34.1-2

400 and 401

 

 

44-34.1-2. City, town, and fire district reimbursement.

     (a) In fiscal years 2024 and thereafter, cities, towns, and fire districts shall receive

reimbursements, as set forth in this section, from state general revenues equal to the amount of lost

tax revenue due to the phase out of the excise tax. When the tax is phased out, cities, towns, and

fire districts shall receive a permanent distribution of sales tax revenue pursuant to § 44-18-18 in

an amount equal to any lost revenue resulting from the excise tax elimination.

     (b)(1) In fiscal year 2024, cities, towns, and fire districts shall receive the following

reimbursement amounts:

     Barrington $ 5,894,822

     Bristol $ 2,905,818

     Burrillville $ 5,053,933

     Central Falls $ 2,077,974

     Charlestown $ 1,020,877

     Coventry $ 5,872,396

     Cranston $ 22,312,247

     Cumberland $ 6,073,469

     East Greenwich $ 2,417,332

     East Providence $ 11,433,479

     Exeter $ 2,241,381

     Foster $ 1,652,251

     Glocester $ 2,381,941

     Hopkinton $ 1,629,259

     Jamestown $ 622,793

     Johnston $ 10,382,785

     Lincoln $ 5,683,015

     Little Compton $ 366,775

     Middletown $ 1,976,448

     Narragansett $ 1,831,251

     Newport $ 2,223,671

     New Shoreham $ 163,298

     North Kingstown $ 5,378,818

     North Providence $ 9,619,286

     North Smithfield $ 4,398,531

     Pawtucket $ 16,495,506

     Portsmouth $ 2,414,242

     Providence $ 34,131,596

     Richmond $ 1,448,455

     Scituate $ 1,977,127

     Smithfield $ 7,098,694

     South Kingstown $ 3,930,455

     Tiverton $ 1,748,175

     Warren $ 2,090,911

     Warwick $ 25,246,254

     Westerly $ 5,765,523

     West Greenwich $ 1,331,725

     West Warwick $ 5,673,744

     Woonsocket $ 9,324,776

     Lime Rock Fire District $ 133,933

     Lincoln Fire District $ 208,994

     Manville Fire District $ 64,862

     Quinnville Fire District $ 13,483

     (2) In fiscal year 2024, funds shall be distributed to the cities, towns, and fire districts as

follows:

     (i) On August 1, 2023, twenty-five percent (25%) of the funds.

     (ii) On November 1, 2023, twenty-five percent (25%) of the funds.

     (iii) On February 1, 2024, twenty-five percent (25%) of the funds.

     (iv) On May 1, 2024, twenty-five percent (25%) of the funds.

     The funds shall be distributed to each city, town, and fire district in the same proportion as

distributed in fiscal year 2023.

     (3) For the city of East Providence, the payment schedule is twenty-five percent (25%) on

November 1, 2023, twenty-five percent (25%) on February 1, 2024, twenty-five percent (25%) on

May 1, 2024, and twenty-five percent (25%) on August 1, 2024.

     (4) On any of the payment dates specified in subsections (b)(2)(i) through (b)(2)(iv) or

(b)(3) of this section, the director of revenue is authorized to deduct previously made over-

payments or add supplemental payments as may be required to bring the reimbursements into full

compliance with the requirements of this chapter.

     (c) When the tax is phased out to August 1, of the following fiscal year the director of

revenue shall calculate to the nearest thousandth of one cent ($0.00001) the number of cents of

sales tax received for the fiscal year ending June 30, of the year following the phase-out equal to

the amount of funds distributed to the cities, towns, and fire districts under this chapter during the

fiscal year following the phase-out and the percent of the total funds distributed in the fiscal year

following the phase-out received by each city, town, and fire district, calculated to the nearest one-

hundredth of one percent (0.01%). The director of the department of revenue shall transmit those

calculations to the governor, the speaker of the house, the president of the senate, the chairperson

of the house finance committee, the chairperson of the senate finance committee, the house fiscal

advisor, and the senate fiscal advisor. The number of cents, applied to the sales taxes received for

the prior fiscal year, shall be the basis for determining the amount of sales tax to be distributed to

the cities, towns, and fire districts under this chapter for the second fiscal year following the phase-

out and each year thereafter. The cities, towns, and fire districts shall receive that amount of sales

tax in the proportions calculated by the director of revenue as that received in the fiscal year

following the phase-out.

     (d) In fiscal years 2025 and thereafter, twenty-five percent (25%) of the funds shall be

distributed to the cities, towns, and fire districts on August 1, 2024, and every August 1 thereafter;

twenty-five percent (25%) shall be distributed on November 1, 2024, and every November 1

thereafter; twenty-five percent (25%) shall be distributed on February 1, 2025, and every February

1 thereafter; and twenty-five percent (25%) shall be distributed on May 1, 2025, and every May 1

thereafter.

     (e) For the city of East Providence, in fiscal years 2025 and thereafter, twenty-five percent

(25%) shall be distributed on November 1, 2024, and every November 1 thereafter, twenty-five

percent (25%) shall be distributed on February 1, 2025, and every February 1 thereafter; twenty-

five percent (25%) shall be distributed on May 1, 2025, and every May 1 thereafter; and twenty-

five percent (25%) of the funds shall be distributed on August 1, 2025, and every August 1

thereafter.

 

818)

Section

Added By Chapter Numbers:

 

45-2-31.6

11 and 12

 

 

45-2-31.6. Business registration - Town of Cumberland.

     (a) All sole proprietorships, partnerships, or any other form of business entity not filed at,

or registered with, the secretary of state, shall register their business, company, trade, or office

situated in the town of Cumberland with the town clerk of the town of Cumberland. Each

registration shall contain the name of the firm or business; the name of the owner(s) or operator(s)

of the firm or business; the location of the business,; the type of business to be conducted; and other

basic information required by the town clerk.

     (b) There shall be a fee of ten dollars ($10.00) for each registration.

     (c) Upon registration of a business, a registration certificate shall be issued to the registrant.

No other business of the same trade name shall be allowed to register once a certificate of

registration has been issued without the approval of the prior registrant in writing. Every

registration certificate shall expire the 31st day in December and shall be renewed annually upon

payment of the required fee. No certificate shall be renewed if the business fails to provide proof

from the tax collector that all municipal taxes have been paid to date. Every certificate of

registration shall be placed in a conspicuous location in each business establishment.

     (d) Any business required to obtain a liquor, victualling, or any other license to operate

under any other section of the general laws shall be exempt from paying the fee required by this

statute.

     (e) Any person, whether as principal, agent, employee, or otherwise, who violates any of

the provisions of this chapter, shall be fined not to exceed twenty-five dollars ($25.00) per day for

each offense. Any fine imposed under this statute and/or the ordinance promulgated by the town

council pursuant to this section may be appealed to the Cumberland municipal court. The fines

shall inure to the town and each day that the violation continues shall be deemed to constitute a

separate offense.

 

819)

Section

Amended By Chapter Numbers:

 

45-2-35.1

358 and 359

 

 

45-2-35.1. City of Newport — Landing and boarding fees.

     (a) The city of Newport is authorized to charge, assess, or otherwise collect from every

cruise vessel landing at a dock in the city of Newport a landing fee of three dollars ($3.00) ten

dollars ($10.00) per passenger and from every cruise vessel embarking from a dock Newport, a

boarding fee of three dollars ($3.00) ten dollars ($10.00) per passenger. For the purposes of this

section, the term “cruise vessel” does not include ferries and water carriers of persons and/or

property doing business as common carriers operating upon waters between termini within the

state.

     (b) The city council of the City of Newport shall promulgate rules and regulations to

implement the provisions of this section.

     (c) The city of Newport is authorized to impose a penalty on any delinquency in the

payment of any fee imposed under this section, at a rate equal to that assessed by the city on tax

delinquencies.

 

820)

Section

Added By Chapter Numbers:

 

45-2-68

180 and 181

 

 

45-2-68. Town of Foster -- Municipal court.

     (a) The town council of the town of Foster 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

Providence county superior court and be entitled in the latter court to a trial de novo.

     (b) The town council of the town of Foster 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 ("Rhode Island zoning enabling act of

1991"); any violation of chapter 24.1 of this title (" historical area zoning"); any violation of chapter

24.2 of this title ("minimum housing standards"); any violation of chapter 24.3 of this title ("housing

maintenance and occupancy code"); any violation of chapter 23 of this title ("development review

act"); any violation of any local Foster ordinance or regulation enacted pursuant to these chapters;

and any violation of the provisions of chapter 27.3 of title 23 ("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

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-19 Rhode Island state fuel and gas code;

and provided, further, that any party aggrieved by a final judgment, decree, or order of the Foster

housing court may, within twenty (20) days after entry of this judgment, decree, or order, file an

appeal to the Providence county 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 Foster 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, vacating, 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 Foster is authorized and empowered to appoint a judge

and clerk of the municipal court. The town council of the town of Foster 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 a fine not in excess of five hundred

dollars ($500) for each offense. The court is empowered to administer oaths, compel the attendance

of witnesses, and punish persons for contempt.

 

821)

Section

Amended By Chapter Numbers:

 

45-12-4.4

111 and 112

 

 

45-12-4.4. Borrowing in payment of certain judgments.

     (a) A city or town may authorize the issuance of bonds, notes, or other evidences of

indebtedness to pay the uninsured portion of any court judgment or settlement, except any court

judgment or settlement arising out of any pension obligation of a city or town; provided, however,

that the outstanding principal amount, in aggregate, shall not exceed five percent (5%) of the total

amount of the city or town’s most recently adopted municipal budget. Notwithstanding the

aforementioned, the towns of Coventry and, Middletown, and Warren are authorized to issue bonds,

notes, or other evidences of indebtedness to pay the uninsured portion of any court judgment or

settlement, except any court judgment or settlement arising out of any pension obligation of a city

or town; provided, however, that the outstanding principal amount, in aggregate, shall not exceed

ten percent (10%) of the total amount of the applicable municipality’s most recently adopted

municipal budget.

     (b) These bonds, notes, or other evidences of indebtedness are subject to the maximum

aggregate indebtedness permitted to be issued by any city or town under § 45-12-2.

     (c) The bonds, notes, or other evidences of indebtedness may be issued to pay a judgment

or settlement or may be issued to pay or refund notes issued under § 45-12-4.1.

     (d) The denominations, maturities, interest rates, methods of sale, and other terms,

conditions, and details of any bonds or notes issued under the provisions of this section may be

fixed by the vote or resolution of the city or town council authorizing them, or if no provision is

made in the vote or resolution, by the treasurer or other officer authorized to issue the bonds or

notes or to hire the money; provided, that the payment of principal of bonds shall be by sufficient

annual payments that will extinguish the debt at maturity, the first of these annual payments to be

made not later than one year, and the last payment not later than fifteen (15) years after the date of

the bonds.

     (e) The bonds, notes, or other evidences of indebtedness may be issued under this section

by any political subdivision without obtaining the approval of its electors, notwithstanding the

provisions of §§ 45-12-19 and 45-12-20 and notwithstanding any provision of its charter to the

contrary, unless the electors when assembled in a meeting are the local legislative body for the

purpose of authorizing indebtedness of the political subdivision.

 

822)

Section

Amended By Chapter Numbers:

 

45-19-1

185 and 186

 

 

45-19-1. Salary payment during line of duty illness or injury.

     (a)(1) Whenever any police officer of the Rhode Island airport corporation or whenever

any police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or

deputy fire marshal of any city, town, fire district, or the state of Rhode Island is wholly or partially

incapacitated by reason of injuries received or sickness contracted in the performance of his or her

duties or due to their rendering of emergency assistance within the physical boundaries of the state

of Rhode Island at any occurrence involving the protection or rescue of human life which

necessitates that they respond in a professional capacity when they would normally be considered

by their employer to be officially off-duty, the respective city, town, fire district, state of Rhode

Island, or Rhode Island airport corporation by which the police officer, firefighter, crash rescue

crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall,

during the period of the incapacity, pay the police officer, firefighter, crash rescue crewperson, fire

marshal, chief deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to which

the police officer, firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or

deputy fire marshal, would be entitled had he or she not been incapacitated, and shall pay the

medical, surgical, dental, optical, or other attendance, or treatment, nurses, and hospital services,

medicines, crutches, and apparatus for the necessary period, except that if any city, town, fire

district, the state of Rhode Island, or Rhode Island airport corporation provides the police officer,

firefighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal,

with insurance coverage for the related treatment, services, or equipment, then the city, town, fire

district, the state of Rhode Island, or Rhode Island airport corporation is only obligated to pay the

difference between the maximum amount allowable under the insurance coverage and the actual

cost of the treatment, service, or equipment. In addition, the cities, towns, fire districts, the state of

Rhode Island, or Rhode Island airport corporation shall pay all similar expenses incurred by a

member who has been placed on a disability pension and suffers a recurrence of the injury or illness

that dictated his or her disability retirement, subject to the provisions of subsection (j) herein.

     (2) A police officer or firefighter diagnosed with post-traumatic stress disorder (as

described in the Diagnostic and Statistical Manual of Mental Disorders, current edition, published

by the American Psychiatric Association) by an individual who holds the title of an independent

licensed mental health professional with a master's degree, related to the exposure of potentially

traumatic events, resulting from their acting within the course of their employment or from the

rendering of emergency assistance in the Statestate of Rhode Island, at any occurrence involving

the protection or the rescue of human life while off-duty, as set forth in subsection (h) of this

section, shall be presumed to have sustained an injury in the line of duty, as that term is used in

subsection (a)(1) of this section, unless the contrary is proven by a fair preponderance of the

evidence that the post-traumatic stress injury/PTSD is not related to their job as a police officer or

firefighter. The benefits provided for under this section shall not be extended to a police officer or

firefighter, if their post-traumatic stress injury/PTSD diagnosis, arises out of any disciplinary

action, work evaluation, job transfer, layoff, demotion, termination, or similar adverse job actions.

     (b) As used in this section, “police officer” means and includes any chief or other member

of the police department of any city or town regularly employed at a fixed salary or wage and any

deputy sheriff, member of the fugitive task force, or capitol police officer, permanent

environmental police officer or criminal investigator of the department of environmental

management, or airport police officer.

     (c) As used in this section, “firefighter” means and includes any chief or other member of

the fire department or rescue personnel of any city, town, or fire district, and any person employed

as a member of the fire department of the town of North Smithfield, or fire department or district

in any city or town.

     (d) As used in this section, “crash rescue crewperson” means and includes any chief or

other member of the emergency crash rescue section, division of airports, or department of

transportation of the state of Rhode Island regularly employed at a fixed salary or wage.

     (e) As used in this section, “fire marshal,” “chief deputy fire marshal,” and “deputy fire

marshal” mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals

regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title

23.

     (f) Any person employed by the state of Rhode Island, except for sworn employees of the

Rhode Island state police, who is otherwise entitled to the benefits of chapter 19 of this title shall

be subject to the provisions of chapters 29 — 38 of title 28 for all case management procedures and

dispute resolution for all benefits.

     (g) In order to receive the benefits provided for under this section, a police officer or

firefighter must prove to his or her employer that he or she had reasonable grounds to believe that

there was an emergency that required an immediate need for their assistance for the protection or

rescue of human life.

     (h) Any claims to the benefits provided for under this section resulting from the rendering

of emergency assistance in the state of Rhode Island at any occurrence involving the protection or

rescue of human life while off-duty, shall first require those covered by this section to submit a

sworn declaration to their employer attesting to the date, time, place, and nature of the event

involving the protection or rescue of human life causing the professional assistance to be rendered

and the cause and nature of any injuries sustained in the protection or rescue of human life. Sworn

declarations shall also be required from any available witness to the alleged emergency involving

the protection or rescue of human life.

     (i) All declarations required under this section shall contain the following language:

     “Under penalty of perjury, I declare and affirm that I have examined this declaration,

including any accompanying schedules and statements, and that all statements contained herein are

true and correct.”

     (j) Any person, not employed by the state of Rhode Island, receiving injured on-duty

benefits pursuant to this section, and subject to the jurisdiction of the state retirement board for

accidental retirement disability, for an injury occurring on or after July 1, 2011, shall apply for an

accidental disability retirement allowance from the state retirement board not later than the later of

eighteen (18) months after the date of the person’s injury that resulted in the person’s injured-on-

duty status or sixty (60) days from the date on which the treating physician certifies that the person

has reached maximum medical improvement. Nothing herein shall be construed to limit or alter

any and all rights of the parties with respect to independent medical examination or otherwise, as

set forth in the applicable collective bargaining agreement. Notwithstanding the forgoing, any

person receiving injured-on-duty benefits as the result of a static and incapacitating injury whose

permanent nature is readily obvious and ascertainable shall be required to apply for an accidental

disability retirement allowance within sixty (60) days from the date on which the treating physician

certifies that the person’s injury is permanent, or sixty (60) days from the date on which the

determination of permanency is made in accordance with the independent medical examination

procedures as set forth in the applicable collective bargaining agreement.

     (1) If a person with injured-on-duty status fails to apply for an accidental disability

retirement allowance from the state retirement board within the time frame set forth above, that

person’s injured on duty payment shall terminate. Further, any person suffering a static and

incapacitating injury as set forth in subsection (j) above and who fails to apply for an accidental

disability benefit allowance as set forth in subsection (j) shall have his or her injured-on-duty

payment terminated.

     (2) A person who so applies shall continue to receive injured-on-duty payments, and the

right to continue to receive IOD payments of a person who so applies shall terminate in the event

of a final ruling of the workers compensation court allowing accidental disability benefits. Nothing

herein shall be construed to limit or alter any and all rights of the parties with respect to independent

medical examination or otherwise, as set forth in the applicable collective bargaining agreement.

     (k) Any person employed by the state of Rhode Island who is currently receiving injured-

on-duty benefits or any person employed by the state of Rhode Island who in the future is entitled

to injured-on-duty benefits pursuant to this chapter, and subject to the jurisdiction of the state

retirement board for accidental retirement disability, shall apply for an accidental disability

retirement allowance from the state retirement board not later than sixty (60) days from the date on

which a treating physician or an independent medical examiner certifies that the person has reached

maximum medical improvement, and in any event not later than eighteen (18) months after the date

of the person’s injury that resulted in the person being on injured-on-duty. Nothing herein shall be

construed to limit or alter any and all rights of the parties with respect to independent medical

examination or otherwise, as set forth in the applicable collective bargaining agreement.

Notwithstanding the forgoing, any person receiving injured on duty benefits as the result of a static

and incapacitating injury whose permanent nature is readily obvious and ascertainable shall be

required to apply for an accidental disability retirement allowance within sixty (60) days from the

date on which a treating physician or an independent medical examiner certifies that the person’s

injury is permanent, or sixty (60) days from the date on which such determination of permanency

is made in accordance with the independent medical examination procedures as set forth in the

applicable collective bargaining agreement.

     (1) If a person employed by the state of Rhode Island with injured-on-duty status fails to

apply for an accidental disability retirement allowance from the state retirement board within the

time frame set forth in subsection (k) above, that person’s injured-on-duty payment shall terminate.

Further, any person employed by the state of Rhode Island suffering a static and incapacitating

injury as set forth in subsection (k) above and who fails to apply for an accidental disability benefit

allowance as set forth in subsection (k) shall have his or her injured on duty payment terminated.

     (2) A person employed by the state of Rhode Island who so applies shall continue to receive

injured on duty payments, and the right to continue to receive injured on-duty payments of a person

who so applies shall terminate upon final adjudication by the state retirement board approving or

denying either ordinary or accidental disability payments and, notwithstanding § 45-31.2-9, this

termination of injured-on-duty benefits shall not be stayed.

     (3)(i) Notwithstanding any other provision of law, all persons employed by the state of

Rhode Island entitled to benefits under this section who were injured prior to July 1, 2019, and who

have been receiving injured-on-duty benefits pursuant to this section for a period of eighteen (18)

months or longer as of July 1, 2019, shall have up to ninety (90) days from July 1, 2019, to apply

for an accidental disability retirement benefit allowance. Any person employed by the state of

Rhode Island receiving injured-on-duty benefits for a period less than eighteen (18) months as of

July 1, 2019, shall apply for an accidental disability retirement benefit allowance within eighteen

(18) months of the date of injury that resulted in the person receiving injured-on-duty pay; provided

however, said person shall have a minimum of ninety (90) days to apply.

     Applications for disability retirement received by the state retirement board by any person

employed by the State of Rhode Island receiving injured-on-duty payments that shall be deemed

untimely pursuant to § 36-10-14(b) shall have ninety (90) days from July 1, 2019, to apply for an

accidental disability retirement benefit allowance. Failure to apply for an accidental disability

retirement benefit allowance within the timeframe set forth herein shall result in the termination of

injured-on-duty benefits.

     (ii) Any person employed by the state of Rhode Island receiving injured-on-duty payments

who has been issued a final adjudication of the state retirement board on an application for an

ordinary or accidental disability benefit, either approving or denying the application, shall have his

or her injured-on-duty payments terminated.

     (4) If awarded an accidental disability pension, any person employed by the state of Rhode

Island covered under this section shall receive benefits consistent with § 36-10-15.

 

 

 

823)

Section

Amended By Chapter Numbers:

 

45-21.2-9

185 and 186

 

 

45-21.2-9. Retirement for accidental disability.

     (a) Any member in active service, regardless of length of service, is entitled to an accidental

disability retirement allowance. Application for the allowance is made by the member or on the

member’s behalf, stating that the member is physically or mentally incapacitated for further service

as the result of an injury or illness sustained while in the performance of duty and certifying to the

time, place, and conditions of the duty performed by the member that resulted in the alleged

disability and that the alleged disability was not the result of the willful negligence or misconduct

on the part of the member, and was not the result of age or length of service. The application shall

be made within eighteen (18) months of the alleged accident from which the injury has resulted in

the member’s present disability and shall be accompanied by an accident report and a physician’s

report certifying to the disability. If the member was able to return to his or her employment and

subsequently reinjures or aggravates the same injury or illness, the member shall make another

application within eighteen (18) months of the reinjury or aggravation that shall be accompanied

by a physician’s report certifying to the reinjury or aggravation causing the disability. If a medical

examination made by three (3) physicians engaged by the retirement board, and other investigations

as the board may make, confirms the statements made by the member, the board may grant the

member an accidental disability retirement allowance.

     (b) For the purposes of subsection (a), “aggravation” shall mean an intervening work-

related trauma that independently contributes to a member’s original injury or illness that amounts

to more than the natural progression of the preexisting disease or condition and is not the result of

age or length of service. The intervening independent trauma causing the aggravation must be an

identifiable event or series of work-related events that are the proximate cause of the member’s

present condition of disability.

     (c) “Occupational cancer,” as used in this section, means a cancer arising out of

employment as a firefighter, due to injury or illness due to exposures to smoke, fumes, or

carcinogenic, poisonous, toxic, or chemical substances while in the performance of active duty in

the fire department.

     (d) For purposes of subsection (a), “reinjury” shall mean a recurrence of the original work-

related injury or illness from a specific ascertainable event. The specific event must be the

proximate cause of the member’s present condition of disability.

     (e) Any firefighter, including one employed by the state, or a municipal firefighter

employed by a municipality that participates in the optional retirement for police officers and

firefighters as provided in this chapter, who is unable to perform his or her duties in the fire

department by reason of a disabling occupational cancer (as defined in §§ 45-19.1-2 and 45-19.1-

4) that develops or manifests itself during a period while the firefighter is in the service of the

department, and any retired member of the fire force of any city or town who develops occupational

cancer (as defined in §§ 45-19.1-2 and 45-19.1-4), is entitled to receive an occupational cancer

disability and he or she is entitled to all of the benefits provided for in this chapter, chapters 19,

19.1, and 21 of this title, and chapter 10 of title 36 if the firefighter is employed by the state.

     (f) Any police officer or firefighter as defined in §§ 45-19-1(b) and (c) who is unable to

perform their duties by reason of post-traumatic stress injury/PTSD as set forth in § 45-19-1(a)(2)

is entitled to receive an accidental disability retirement allowance and the police officer or

firefighter is entitled to all of the benefits provided for in this chapter (including the presumption

set forth in subsection (a)(2) of this section), chapters 19, 19.1, and 21 of this title, and chapter 10

of title 36 if the firefighter is employed by the state.

     (f)(g) In the event that any party is aggrieved by the determination of the retirement board

pursuant to § 45-19-1, for an injury or illness occurring on or after July 1, 2011, the party may

submit an appeal to the Rhode Island workers’ compensation court. The appellant shall file a notice

of appeal with the retirement board and with the workers’ compensation court within twenty (20)

days of the entry of the retirement board’s decision and shall serve a copy of the notice of appeal

upon the opposing party.

     (g)(h) Within twenty (20) days of the receipt of the notice of appeal, the retirement board

shall transmit the entire record of proceedings before it, together with its order, to the workers’

compensation court.

     (h)(i) In the event that a party files a notice of appeal to the workers’ compensation court,

the order of the retirement board shall be stayed pending further action by the court pursuant to the

provisions of § 28-35-20.

     (i)(j) Upon receipt of the notice of appeal, the court shall assign the matter to a judge and

shall issue a notice at the time advising the parties of the judge to whom the case has been assigned

and the date for pretrial conference in accordance with § 28-35-20.

     (j)(k) All proceedings filed with the workers’ compensation court pursuant to this section

shall be de novo and shall be subject to the provisions of chapters 29 — 38 of title 28 for all case

management procedures and dispute resolution processes, as provided under the rules of the

workers’ compensation court. The workers’ compensation court shall enter a pretrial order in

accordance with § 28-35-20(c) that grants or denies, in whole or in part, the relief sought by the

petitioner. The pretrial order shall be effective upon entry and any payments ordered by it shall be

paid within fourteen (14) days of the entry of the order. Provided, however, that in the event that

the retirement board files a claim for trial of the pretrial order entered by the court, the order of the

court shall be stayed until a final order or decree is entered by the court. If after trial and the entry

of a final decree the court sustains the findings and orders entered in the pretrial order, the

retirement board shall reimburse the municipality all benefits paid by it from the time the pretrial

order was entered until the time the final decree is entered by the court. Where the matter has been

heard and decided by the workers’ compensation court, the court shall retain jurisdiction to review

any prior orders or decrees entered by it. The petitions to review shall be filed directly with the

workers’ compensation court and shall be subject to the case management and dispute resolution

procedures set forth in chapters 29 — 38 of title 28 (“Labor and Labor Relations”).

     (k)(l) If the court determines that a member qualifies for accidental disability retirement,

the member shall receive a retirement allowance equal to sixty-six and two-thirds percent (662/3%)

of the rate of the member’s compensation at the date of the member’s retirement, subject to the

provisions of § 45-21-31.

     (m) If the court determines that a member does not qualify for accidental disability

retirement, and after all appeals have been exhausted by the member (i.e., appeals to the worker's

workers’ compensation appellate division and the Rhode Island supreme court), said member shall

have twenty (20) days within which to either:

     (1) File and an application for ordinary disability retirement pursuant to § 45-21.2-7;

however, if the member does not have the requisite time on the job to file such application, then

the participating municipality shall continue to consider the member injured on duty pursuant to §

45-19-1 until such time that the member has the necessary time on the job to file the application

for an ordinary disability retirement; or

     (2) File an application for a service retirement pursuant to § 45-21.2-5; or

     (3) Return to duty provided the member has received medical clearance to perform those

duties.

     Nothing in this subsection shall prohibit the member from making an agreement with the

member's participating municipality as to what options and benefits the member may be entitled to

in lieu of the options and benefits set forth in this subsection. In addition, nothing in this subsection

shall prohibit the member's bargaining unit and participating municipality from entering into a

collective bargaining agreement that addresses the issues in this subsection.

 

824)

Section

Amended By Chapter Numbers:

 

45-22-1

288 and 289

 

 

45-22-1. Establishment of a planning board or commission -- Home rule charter

exempt.

     (a) All cities and towns shall, by ordinance, establish a planning board or commission under

the provisions of this chapter. Any city or town operating under a home rule charter which that

provides for the establishment of a planning board or commission may continue under the

provisions of that charter, except that the provisions of § 45-22-7, governing the formulation and

adoption of a comprehensive plan and the duties of a planning board or commission, apply to all

cities and towns.

     (b) Notwithstanding any other provision of the general laws, public laws, or any special

law to the contrary regarding the same, including any home rule charter provision, a city or town

may establish, by ordinance, a combined review board pursuant to the provisions of § 45-24-56.1

which shall have the authority, powers, requirements, and duties set forth in this chapter, as well as

in chapter 23 of this title 45, and chapter 24 of this title 45 of a "planning board or commission"

and "zoning board."

 

825)

Section

Amended By Chapter Numbers:

 

45-22-3

288 and 289

 

 

45-22-3.  Membership.

     (a) A Unless the local ordinances allow for a combined review board as set forth in §§ 45-

22-1 and 45-24-56.1, a municipality shall provide for the creation of a planning board or

commission consists and the appointment of its members, including alternate members, pursuant

to § 45-22.2-245-22-2, and for the organization of such board or commission. The board or

commission shall consist of no less than five (5) members and up to two (2) alternates, and

appointments areshall be made for terms of asuch length that the terms of no more than one third

(⅓) of the members of the board or commission expire each year. Any vacancy occurring in the

membership of a planning board or commission shall be filled by the appointing authority for the

remainder of the unexpired term. Any member of a planning board or commission may be removed

from office by the appointing authority for due cause, following a public hearing.

     (b) Vacancies to the planning board or commission occurring after May 4, 1972, shall be

filled in the manner prescribed in this section, except as provided in § 45-22-1 in cities or towns

operating under a home rule charter.

     (c) The Hopkinton town council has the right to appoint two (2) alternate members to the

Hopkinton planning board and the Exeter town council may appoint two (2) alternate members to

the Exeter planning board and the Richmond town council has the right to appoint two (2) alternate

members to the Richmond planning board and the Barrington town council has the right to appoint

two (2) alternate members to the Barrington planning board.

     (d) The mayor of Johnston shall have the right to appoint two (2) alternate members to the

Johnston planning board.

 

 

 

 

 

826)

Section

Amended By Chapter Numbers:

 

45-22.2-13

300 and 301

 

 

45-22.2-13. Compliance and implementation. [Effective March 1, 2024.]

     (a) The municipality is responsible for the administration and enforcement of the plan.

     (b) All municipal land use decisions shall be in conformance with the locally adopted

municipal comprehensive plan subject to § 45-22.2-12(b).

     (c) Each municipality shall amend its zoning ordinance and map to conform to the

comprehensive plan in accordance with the implementation program as required by § 45-22.2-

6(b)(11) and § 45-22.2-6(b)(12)(iv). The zoning ordinance and map in effect at the time of plan

adoption shall remain in force until amended. Except with respect to comprehensive plans that have

failed to be updated within twelve (12) years, as set forth in § 45-22.2-6(b)(11), in instances where

the zoning ordinance is in conflict with an adopted comprehensive plan, the zoning ordinance in

effect at the time of the comprehensive plan adoption shall direct municipal land use decisions until

such time as the zoning ordinance is amended to achieve consistency with the comprehensive plan

and its implementation schedule. In instances of uncertainty in the internal construction or

application of any section of the zoning ordinance or map, the ordinance or map shall be construed

in a manner that will further the implementation of, and not be contrary to, the goals and policies

and applicable content of the adopted comprehensive plan.

     (d) Limitations on land use applications, review, and approvals may be imposed according

to only the following provisions in addition to any other provision that may be required by law.:

     (1) Nothing in the chapter shall be deemed to preclude municipalities from imposing

reasonable limitations on the number of building permits or other land use approvals to be issued

at any time, provided such limitations are consistent with the municipality’s comprehensive plan

in accordance with this chapter and are based on a reasonable, rational assessment of the

municipality’s sustainable capacity for growth. If such limitation is applied to residential building

permits, the limitation must be vital to protecting public health and welfare and it must be

demonstrated that there is no other means available to protect public health and welfare given the

need for additional housing units in the community. No such limitation shall be applicable to

applications submitted as part of a comprehensive permit project under § 45-53-4 or units to be

developed under inclusionary zoning.

     (2) In the event of a dire emergency not reasonably foreseeable as part of the

comprehensive planning process, a municipality may impose a limitation on the number of building

permits or other land use approvals to be issued at any time, provided that such limitation is

reasonably necessary to alleviate the emergency and is limited to the time reasonably necessary to

alleviate the emergency, but in no event shall such limitation be in place longer than one hundred

twenty (120) days.

     (e) A one-time moratorium, for the purpose of providing interim protection for a planned

future land use or uses, may be imposed during the twelve (12) months subsequent to the adoption

of the local comprehensive plan provided that a change to the zoning ordinance and map has been

identified and scheduled for implementation within twelve (12) months of plan adoption. The

moratorium shall be enacted as an ordinance and may regulate, restrict, or prohibit any use,

development, or subdivisions under the following provisions:

     (1) The moratorium is restricted to those areas identified on the map or maps as required

by § 45-22.2-6(b)(2)(iii).

     (2) A notice of the moratorium must be provided by first class mail to property owners

affected by said moratorium at least fourteen (14) days in advance of the public hearing.

     (3) The ordinance shall specify:

     (i) The purpose of the moratorium;

     (ii) The date it shall take effect and the date it shall end;

     (iii) The area covered by the moratorium; and

     (iv) The regulations, restrictions, or prohibitions established by the moratorium.

     (4) The moratorium may be extended up to an additional ninety (90) days if necessary to

complete a zoning ordinance and map change provided that: (i) The public hearing as required by

§ 45-24-53 has commenced; and (ii) The chief approves the extension based on a demonstration of

good cause. Said extension shall not be deemed as non-conformance to the implementation

schedule.

     (f) A moratorium enacted under the provisions of subsection (e) of this section shall not

apply to state agencies until such time that the municipal comprehensive plan receives approval

from the chief or superior court.

     (g) In For a moratorium enacted under the provisions of subsection (e) of this section, in

the event a municipality fails to amend its zoning ordinance and map to conform to the

comprehensive plan within the implementation schedule, or by the expiration of the moratorium

period, a municipality must amend either their implementation schedule or, if the future land use is

no longer desirable or feasible, amend the future land use map.

     (1) Failure to comply with this provision within one hundred twenty (120) days of the date

of the implementation schedule or the expiration of the moratorium period shall result in the denial

or rescission, in whole or in part, of state approval of the comprehensive plan and of all benefits

and incentives conditioned on state approval.

     (2) An implementation schedule amended under this provision shall not be eligible for an

additional moratorium as provided for in subsection (e) of this section.

     (h) For any moratorium related to the submission, review, or approval of any land use

application for residential housing development, other than that covered by subsection (e) of this

section, such moratorium must be vital to protecting public health and welfare and it must be

demonstrated that there is no other means available to protect public health and welfare given the

need for additional housing units in the community. No such limitation shall be applicable to

applications submitted as part of a comprehensive permit project under § 45-53-4, or units to be

developed under inclusionary zoning. The proposal for such moratorium shall be advertised in a

newspaper of local circulation at least fourteen (14) days in advance of the hearing and shall be

posted on the municipal website for the fourteen (14) days in advance of the hearing on the same.

A moratorium under this provision shall not last for longer than one hundred twenty (120) days. A

moratorium under this provision must include a vesting provision which that vests all applications

which that are substantially complete at the time of the enactment of the moratorium.

 

827)

Section

Amended By Chapter Numbers:

 

45-23-32

292 and 293

 

 

45-23-32. Definitions. [Effective January 1, 2024.]

     Where words or phrases used in this chapter are defined in the definitions section of either

the Rhode Island Comprehensive Planning and Land Use Regulation Act, § 45-22.2-4, or the Rhode

Island Zoning Enabling Act of 1991, § 45-24-31, they have the meanings stated in those acts.

Additional words and phrases may be defined in local ordinances, regulations, and rules under this

act in a manner that does not conflict or alter the terms or mandates in this act, the Rhode Island

Comprehensive Planning and Land Use Regulation Act § 45-22.2-4, and the Rhode Island Zoning

Enabling Act of 1991. The words and phrases defined in this section, however, shall be controlling

in all local ordinances, regulations, and rules created under this chapter. In addition, the following

words and phrases have the following meanings:

     (1) Administrative officer. The municipal official(s) designated by the local regulations

to administer the land development and subdivision regulations to review and approve qualified

applications and/or coordinate with local boards and commissions, municipal staff, and state

agencies as set forth herein. The administrative officer may be a member, or the chair, of the

planning board, an employee of the municipal planning or zoning departments, or an appointed

official of the municipality. See § 45-23-55.

     (2) Board of appeal. The local review authority for appeals of actions of the administrative

officer, which shall be the local zoning board of review constituted as the board of appeal. See §

45-23-57.

     (3) Bond. See improvement guarantee.

     (4) Buildable lot. A lot where construction for the use(s) permitted on the site under the

local zoning ordinance is considered practicable by the planning board, considering the physical

constraints to development of the site as well as the requirements of the pertinent federal, state, and

local regulations. See § 45-23-60(a)(4).

     (5) Certificate of completeness. A notice issued by the administrative officer informing

an applicant that the application is complete and meets the requirements of the municipality’s

regulations, and that the applicant may proceed with the review process.

     (6) Concept plan. A drawing with accompanying information showing the basic elements

of a proposed land development plan or subdivision as used for pre-application meetings and early

discussions, and classification of the project within the approval process.

     (7) Consistency with the comprehensive plan. A requirement of all local land use

regulations which means that all these regulations and subsequent actions are in accordance with

the public policies arrived at through detailed study and analysis and adopted by the municipality

as the comprehensive community plan as specified in § 45-22.2-3.

     (8) Dedication, fee-in-lieu-of. Payments of cash that are authorized in the local regulations

when requirements for mandatory dedication of land are not met because of physical conditions of

the site or other reasons. The conditions under which the payments will be allowed and all formulas

for calculating the amount shall be specified in advance in the local regulations. See § 45-23-47.

     (9) Development plan review. Design or site plan review of a development of a permitted

use. A municipality may utilize development plan review under limited circumstances to encourage

development to comply with design and/or performance standards of the community under specific

and objective guidelines, for the following categories of developments including, but not limited

to:

     (i) A change in use at the property where no extensive construction of improvements is

sought;

     (ii) An adaptive reuse project located in a commercial zone where no extensive exterior

construction of improvements is sought;

     (iii) An adaptive reuse project located in a residential zone that results in less than nine (9)

residential units;

     (iv) Development in a designated urban or growth center; or

     (v) Institutional development design review for educational or hospital facilities; or.

     (vi) Development in a historic district.

     (10) Development regulation. Zoning, subdivision, land development plan, development

plan review, historic district, official map, flood plain regulation, soil erosion control, or any other

governmental regulation of the use and development of land.

     (11) Division of land. A subdivision.

     (12) Environmental constraints. Natural features, resources, or land characteristics that

are sensitive to change and may require conservation measures or the application of special

development techniques to prevent degradation of the site, or may require limited development, or

in certain instances, may preclude development. See also physical constraints to development.

     (13) Final plan. The final stage of land development and subdivision review or a formal

development plan review application. See § 45-23-43 §§ 45-23-38, 45-23-39, and 45-23-50.

     (14) Final plat. The final drawing(s) of all or a portion of a subdivision to be recorded after

approval by the planning board and any accompanying material as described in the community’s

regulations and/or required by the planning board.

     (15) Floor area, gross. See R.I. State Building Code.

     (16) Governing body. The body of the local government, generally the city or town

council, having the power to adopt ordinances, accept public dedications, release public

improvement guarantees, and collect fees.

     (17) Improvement. Any natural or built item that becomes part of, is placed upon, or is

affixed to, real estate.

     (18) Improvement guarantee. A security instrument accepted by a municipality to ensure

that all improvements, facilities, or work required by the land development and subdivision

regulations, or required by the municipality as a condition of approval, will be completed in

compliance with the approved plans and specifications of a development. See § 45-23-46.

     (19) Land development project. A project in which one or more lots, tracts, or parcels of

land or a portion thereof 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. The local regulations

shall include all requirements, procedures, and standards necessary for proper review and approval

of land development projects to ensure consistency with this chapter and the Rhode Island zoning

enabling act.

     (i) Minor land development project. A land development project involving any one of

the following categories which has not otherwise been specifically designated by local ordinance

as development plan review:

     (A) Seven thousand five hundred (7,500) gross square feet of floor area of new commercial,

manufacturing, or industrial development, or less; or

     (B) An expansion of up to fifty percent (50%) of existing floor area or up to ten thousand

(10,000) square feet for commercial, manufacturing, or industrial structures; or

     (C) Mixed-use development consisting of up to six (6) dwelling units and two thousand

five hundred (2,500) gross square feet of commercial space or less; or

     (D) Multi-family residential or residential condominium development of nine (9) units or

less; or

     (E) Change in use at the property where no extensive construction of improvements is

sought; or

     (F) An adaptive reuse project of up to twenty-five thousand (25,000) square feet of gross

floor area located in a commercial zone where no extensive exterior construction of improvements

is sought; or

     (G) An adaptive reuse project located in a residential zone that results in less than nine (9)

residential units;

      A community can increase but not decrease the thresholds for minor land development set

forth above if specifically set forth in the local ordinance and/or regulations. The process by which

minor land development projects are reviewed by the local planning board, commission, technical

review committee, and/or administrative officer is set forth in § 45-23-38.

     (ii) Major land development project. A land development project that exceeds the

thresholds for a minor land development project as set forth in this section and local ordinance or

regulation. The process by which major land development projects are reviewed by the local

planning board, commission, technical review committee, or administrative officer is set forth in §

45-23-39.

     (20) Local regulations. The land development and subdivision review regulations adopted

under the provisions of this act. For purposes of clarification, throughout this act, where reference

is made to local regulations, it is to be understood as the land development and subdivision review

regulations and all related ordinances and rules properly adopted pursuant to this chapter.

     (21) Maintenance guarantee. Any security instrument that may be required and accepted

by a municipality to ensure that necessary improvements will function as required for a specific

period of time. See improvement guarantee.

     (22) Master plan. An overall plan for a proposed project site outlining general, rather than

detailed, development intentions. It describes the basic parameters of a major development

proposal, rather than giving full engineering details. Required in major land development or major

subdivision review only. It is the first formal review step of the major land development or major

subdivision process and the step in the process in which the public hearing is held. See § 45-23-39.

     (23) Modification of requirements. See § 45-23-62.

     (24) Parcel. A lot, or contiguous group of lots in single ownership or under single control,

and usually considered a unit for purposes of development. Also referred to as a tract.

     (25) Parking area or lot. All that portion of a development that is used by vehicles, the

total area used for vehicular access, circulation, parking, loading, and unloading.

     (26) Permitting authority. The local agency of government, meaning any board,

commission, or administrative officer specifically empowered by state enabling law and local

regulation or ordinance to hear and decide on specific matters pertaining to local land use.

     (27) Phased development. Development, usually for large-scale projects, where

construction of public and/or private improvements proceeds by sections subsequent to approval

of a master plan for the entire site. See § 45-23-48.

     (28) Physical constraints to development. Characteristics of a site or area, either natural

or man-made, which present significant difficulties to construction of the uses permitted on that

site, or would require extraordinary construction methods. See also environmental constraints.

     (29) Planning board. The official planning agency of a municipality, whether designated

as the plan commission, planning commission, plan board, or as otherwise known.

     (30) Plat. A drawing or drawings of a land development or subdivision plan showing the

location, boundaries, and lot lines of individual properties, as well as other necessary information

as specified in the local regulations.

     (31) Pre-application conference. An initial meeting between developers and municipal

representatives that affords developers the opportunity to present their proposals informally and to

receive comments and directions from the municipal officials and others. See § 45-23-35.

     (32) Preliminary plan. A required stage of land development and subdivision review that

generally requires detailed engineered drawings. See § 45-23-39.

     (33) Public hearing. A hearing before the planning board that is duly noticed in accordance

with § 45-23-42 and that allows public comment. A public hearing is not required for an application

or stage of approval unless otherwise stated in this chapter.

     (34) Public improvement. Any street or other roadway, sidewalk, pedestrian way, tree,

lawn, off-street parking area, drainage feature, or other facility for which the local government or

other governmental entity either is presently responsible, or will ultimately assume the

responsibility for maintenance and operation upon municipal acceptance.

     (35) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface

of the ground.

     (36) Storm water detention. A provision for storage of storm water runoff and the

controlled release of the runoff during and after a flood or storm.

     (37) Storm water retention. A provision for storage of storm water runoff.

     (38) Street. A public or private thoroughfare used, or intended to be used, for passage or

travel by motor vehicles. Streets are further classified by the functions they perform. See street

classification.

     (39) Street, access to. An adequate and permanent way of entering a lot. All lots of record

shall have access to a public street for all vehicles normally associated with the uses permitted for

that lot.

     (40) Street, alley. A public or private thoroughfare primarily designed to serve as

secondary access to the side or rear of those properties whose principal frontage is on some other

street.

     (41) Street, cul-de-sac. A local street with only one outlet and having an appropriate

vehicular turnaround, either temporary or permanent, at the closed end.

     (42) Street, limited access highway. A freeway or expressway providing for through

traffic. Owners or occupants of abutting property on lands and other persons have no legal right to

access, except at the points and in the manner as may be determined by the public authority having

jurisdiction over the highway.

     (43) Street, private. A thoroughfare established as a separate tract for the benefit of

multiple, adjacent properties and meeting specific, municipal improvement standards. This

definition does not apply to driveways.

     (44) Street, public. All public property reserved or dedicated for street traffic.

     (45) Street, stub. A portion of a street reserved to provide access to future development,

which may provide for utility connections.

     (46) Street classification. A method of roadway organization that identifies a street

hierarchy according to function within a road system, that is, types of vehicles served and

anticipated volumes, for the purposes of promoting safety, efficient land use, and the design

character of neighborhoods and districts. Local classifications use the following as major

categories:

     (i) Arterial. A major street that serves as an avenue for the circulation of traffic into, out

of, or around the municipality and carries high volumes of traffic.

     (ii) Collector. A street whose principal function is to carry traffic between local streets and

arterial streets but that may also provide direct access to abutting properties.

     (iii) Local. Streets whose primary function is to provide access to abutting properties.

     (47) Subdivider. Any person who: (i) Having an interest in land, causes it, directly or

indirectly, to be divided into a subdivision; or who (ii) Directly or indirectly sells, leases, or

develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, any interest,

lot, parcel, site, unit, or plat in a subdivision; or who (iii) Engages directly or through an agent in

the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision

or any interest, lot, parcel, site, unit, or plat in a subdivision.

     (48) Subdivision. The division of a lot, tract, or parcel of land into two or more lots, tracts,

or parcels or any adjustment to existing lot lines is considered a subdivision.

     (i) Administrative subdivision. Subdivision of existing lots that yields no additional lots

for development, and involves no creation or extension of streets. This subdivision only involves

division, mergers, mergers and division, or adjustments of boundaries of existing lots. The process

by which an administrative officer or municipal planning board or commission reviews any

subdivision qualifying for this review is set forth in § 45-23-37.

     (ii) Minor subdivision. A subdivision creating nine (9) or fewer buildable lots. The process

by which a municipal planning board, commission, technical review committee, and/or

administrative officer reviews a minor subdivision is set forth in § 45-23-38.

     (iii) Major subdivision. A subdivision creating ten (10) or more buildable lots. The

process by which a municipal planning board or commission reviews any subdivision qualifying

for this review under § 45-23-39.

     (49) Technical review committee. A committee or committees appointed by the

municipality for the purpose of reviewing, commenting, approving, and/or making

recommendations to the planning board or administrative officer, as set forth in this chapter.

     (50) Temporary improvement. Improvements built and maintained by a developer during

construction of a development project and prior to release of the improvement guarantee, but not

intended to be permanent.

     (51) Vested rights. The right to initiate or continue the development of an approved project

for a specified period of time, under the regulations that were in effect at the time of approval, even

if, after the approval, the regulations change prior to the completion of the project.

     (52) Waiver of requirements. See § 45-23-62.

 

828)

Section

Added By Chapter Numbers:

 

45-23-36.1

219 and 220

 

 

45-23-36.1. Electronic permitting.

     (a) On or before October 1, 2025, every municipality in the state, shall adopt and

implement electronic permitting for all development applications filed under this chapter. For

purposes of this section, “electronic permitting” means use of computer-based tools and services

that automate and streamline the application process to include, but not be limited to, task-specific

tools for: applications; submission of plans; completed checklists and checklist documents; reports;

plan review; permitting; scheduling; certificates of completeness and incompleteness;

supplemental submissions; project tracking; staff and technical review committee comments; fee

calculation and collection.

     (b) The state building commissioner, with the assistance of the office of regulatory reform

and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may

promulgate rules and regulations to implement the provisions of this section.

     (c) The local towns and cities shall charge each applicant an additional one-tenth of one

percent (.001%) of the total application fee for each application submitted. This additional amount

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 one web-accessible

service and/or system to be utilized by the state and municipalities for the uniform, statewide

electronic submission, review and processing of development applications as set forth in this

section.

     (d) On or before October 1, 2025, notwithstanding any other provision of this chapter to

the contrary, all acts, requirements, filings, and documents necessary to comply with the application

process shall be conducted by means of electronic permitting.

     (e) The department of business regulation shall reimburse annual fees and costs associated

with compliance with this program in accordance with procedures established by the department.

 

829)

Section

Amended By Chapter Numbers:

 

45-23-38

292 and 293

 

 

45-23-38. General provisions — Minor land development and minor subdivision

review. [Effective January 1, 2024.]

     (a) Application types and review stages.

     (1) Applications requesting relief from the zoning ordinance.

     (i) Applications under this section that require relief that qualifies only as a modification

under § 45-24-46 and local ordinances shall may proceed by filing an application under this chapter

and a request for a modification to the zoning enforcement officer. If such modification is granted,

the application shall then proceed to be reviewed by the administrative officer pursuant to the

applicable requirements of this section. If the modification is denied or an objection is received as

set forth in § 45-24-46, such application shall proceed under unified development plan review

pursuant to § 45-23-50.1.

     (ii) Applications under this section that require relief from the literal provisions of the

zoning ordinance in the form of a variance or special-use permit, shall be reviewed by the planning

board under unified development plan review pursuant to § 45-23-50.1, and a request for review

shall accompany the preliminary plan application.

      (iii) Any application involving a street creation or extension shall be reviewed by the

planning board and require a public hearing.

     (2) Other applications. The administrative officer shall review and grant, grant with

conditions, or deny all other applications under this section and may grant waivers of design

standards as set forth in the local regulations and zoning ordinance. The administrative officer may

utilize the technical review committee for initial review and recommendation. The local regulations

shall specifically list what limited waivers an administrative officer is authorized to grant as part of

their review.

     (3) Review stages. Minor plan review consists of two (2) stages, preliminary and final;

provided, that unless otherwise set forth in this section, if a street creation or extension is involved,

or a request for variances and/or special-use permits is submitted, pursuant to the regulation’s

unified development review provisions, a public hearing is required before the planning board. The

administrative officer may combine the approval stages, providing requirements for both stages are

met by the applicant to the satisfaction of the administrative officer.

     (b) Submission requirements. Any applicant requesting approval of a proposed, minor

subdivision or minor land development, as defined in this chapter, shall submit to the administrative

officer the items required by the local regulations.

     (c) Certification. For each applicable stage of review, the application shall be certified, in

writing, complete or incomplete by the administrative officer within twenty-five (25) days of the

submission so long as a completed checklist of the requirements for submission is provided as part

of the submission. If an applicant also submits for a modification to the zoning enforcement officer,

the running of the time period set forth herein will not begin until the decision on the modification

is made as set forth in § 45-24-46. Such certification shall be made in accordance with the

provisions of § 45-23-36(c). If no street creation or extension is required, and/or unified

development review is not requested, and a completed checklist of the requirements for submission

is provided as part of the submission, such application shall be certified, in writing, complete or

incomplete by the administrative officer within fifteen (15) days according to the provisions of §

45-23-36(c). The running of the time period set forth in this section 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 ten (10) days after its resubmission.

     (d) Decision on preliminary plan. If no street creation or extension is, variance, or special

use permits are required, the planning board or administrative officer will approve, deny, or approve

with conditions, the preliminary plan within sixty-five (65) days of certification of completeness,

or within any further time that is agreed to by the applicant and the board administrative officer,

according to the requirements of §§ 45-23-60 and 45-23-63. If a street extension or creation is

required, or the application is reviewed under the unified development plan review or the

application seeks waivers from design standards and/or requirements of the land development and

subdivision regulations that are beyond the authority of the administrative officer to grant, the

planning board will hold a public hearing prior to approval according to the requirements in § 45-

23-42 and will approve, deny, or approve with conditions, the preliminary plan within ninety-five

(95) days of certification of completeness, or within any specified time that is agreed to by the

applicant and the board, according to the requirements of §§ 45-23-60 and 45-23-63.

     (e) Failure to act. Failure of the planning board or administrative officer to act within the

period prescribed constitutes approval of the preliminary plan pending stage of review, and a

certificate of the administrative officer as to the failure of the planning board to act within the

required time and the resulting approval will be issued on request of the application applicant.

     (f) Re-assignment to major review. The planning board may re-assign a proposed minor

project to major review only when the planning board is unable to make the positive findings

required in § 45-23-60.

     (g) Final plan. Final plans shall be reviewed and approved by either the administrative

officer or technical review committee. The officer or committee will report its actions, in writing

to the planning board at its next regular meeting, to be made part of the record. The administrative

officer or technical review committee shall approve, deny, approve with conditions, or refer the

application to the planning board based upon a finding that there is a major change within twenty-

five (25) days of the certificate of completeness.

     (h) Modifications and changes to plans.

     (1) Minor changes, as defined in the local regulations, to the plans approved at any stage

may be approved administratively, by the administrative officer. The changes may be authorized

without an additional public hearings, at the discretion of the administrative officer hearing. All

changes shall be made part of the permanent record of the project application. This provision does

not prohibit the administrative officer from requesting recommendation from either the technical

review committee or the permitting authority if the permitting authority is not the administrative

officer. Denial of the proposed change(s) shall be referred to the applicable permitting authority for

review as a major change.

     (2) Major changes, as defined in the local regulations, to the plans approved at any stage

may be approved only by the applicable permitting authority and must follow the same review and

hearing process required for approval of preliminary plans, which shall include a public hearing if

originally required as part of the application.

     (3) The administrative officer shall notify the applicant in writing within fourteen (14) days

of submission of the final plan application written request for a change if the administrative officer

determines the change to be a major change.

     (i) Appeal. Decisions under this section shall be considered an appealable decision

pursuant to § 45-23-71.

     (j) Expiration of approvals. Approvals of a minor land development or subdivision plan

expire one year from the date of approval unless, within that period, a plat or plan, in conformity

with approval, and as defined in this act, is submitted for signature and recording as specified in §

45-23-64. Validity may be extended for a longer period, for cause shown, if requested by the

application applicant in writing, and approved by the planning board.

 

830)

Section

Amended By Chapter Numbers:

 

45-23-39

292 and 293, 403 (Article 2)

 

 

45-23-39. General provisions — Major land development and major subdivision

review stages. [Effective January 1, 2024.]

     (a) Stages of review. Major land development and major subdivision review consists of

three stages of review, master plan, preliminary plan, and final plan, following the pre-application

meeting(s) specified in § 45-23-35. Also required is a public hearing at the master plan stage of

review or, if combined at the first stage of review.

     (b) The administrative officer may combine review stages and to modify but only the

planning board may waive requirements as specified in § 45-23-62. Review stages may be

combined only after the administrative officer determines that all necessary requirements have been

met by the applicant or that the planning board has waived any submission requirements not

included by the applicant.

     (c) Master plan review.

     (1) Submission requirements.

     (i) The applicant shall first submit to the administrative officer the items required by the

local regulations for master plans.

     (ii) Requirements for the master plan and supporting material for this phase of review

include, but are not limited to: information on the natural and built features of the surrounding

neighborhood, existing natural and man-made conditions of the development site, including

topographic features, the freshwater wetland and coastal zone boundaries, the floodplains, as well

as the proposed design concept, proposed public improvements and dedications, tentative

construction phasing; and potential neighborhood impacts.

     (iii) Initial comments will be solicited from:

     (A) Local agencies including, but not limited to, the planning department, the department

of public works, fire and police departments, the conservation and recreation commissions;

     (B) Adjacent communities;

     (C) State agencies, as appropriate, including the departments of environmental

management and transportation and the coastal resources management council; and

     (D) Federal agencies, as appropriate. The administrative officer shall coordinate review

and comments by local officials, adjacent communities, and state and federal agencies.

     (iv) Applications requesting relief from the zoning ordinance.

     (A) Applications under this chapter that require relief that qualifies only as a modification

under § 45-24-46 and local ordinances shall may proceed by filing a master plan application under

this section to the administrative officer and, separately, a request for a modification to the zoning

enforcement officer. If such modification is granted, the application shall then proceed to be

reviewed by the planning board pursuant to the applicable requirements of this section. If the

modification is denied or an objection is received as set forth in § 45-24-46, such application shall

proceed under unified development plan review pursuant to § 45-23-50.1.

     (B) Applications under this section that require relief from the literal provisions of the

zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning

board under unified development plan review pursuant to § 45-23-50.1.

     (2) Certification. The application must be certified, in writing, complete or incomplete by

the administrative officer within twenty-five (25) days of the submission, according to the

provisions of § 45-23-36(c), so long as a completed checklist of requirements is provided with the

submission. If an applicant also submits for a modification to the zoning enforcement officer, the

running of the time period set forth herein will not begin until the decision on the modification is

made as set forth in § 45-24-46. 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 ten (10) days after its resubmission.

     (3) Technical review committee. To the extent the community utilizes a technical review

committee, it shall review the application prior to the first planning board meeting and shall

comment and make recommendations to the planning board.

     (4) Public hearing.

     (i) A public hearing will be held prior to the planning board decision on the master plan. If

the master plan and preliminary plan review stages are being combined, a public hearing shall be

held during the combined stage of review.

     (ii) Notice for the public hearing is required and must be given at least fourteen (14) days

prior to the date of the meeting in a newspaper of local circulation within the municipality. Notice

must be mailed to the applicant and to all property owners within the notice area, as specified by

local regulations.

     (iii) At the public hearing, the applicant will present the proposed development project.

The planning board must allow oral and written comments from the general public. All public

comments are to be made part of the public record of the project application.

     (5) Decision. The planning board shall, within ninety (90) days of certification of

completeness, or within a further amount of time that may be consented to by the applicant through

the submission of a written waiver, approve of the master plan as submitted, approve with changes

and/or conditions, or deny the application, according to the requirements of §§ 45-23-60 and 45-

23-63.

     (6) Failure to act. Failure of the planning board to act within the prescribed period

constitutes approval of the master plan, and a certificate of the administrative officer as to the failure

of the planning board to act within the required time and the resulting approval will be issued on

request of the applicant.

     (7) Vesting.

     (i) The approved master plan is vested for a period of two (2) years, with the right to extend

for two (2), one-year extensions upon written request by the applicant, who must appear before the

planning board for the annual review. Thereafter, vesting may be extended for a longer period, for

good cause shown, if requested by the applicant, in writing, and approved by the planning board.

Master plan vesting includes the zoning requirements, conceptual layout, and all conditions shown

on the approved master plan drawings and supporting materials.

     (ii) The initial four-year (4) vesting for the approved master plan constitutes the vested

rights for the development as required in § 45-24-44.

     (d) Preliminary plan review.

     (1) Submission requirements.

     (i) The applicant shall first submit to the administrative officer the items required by the

local regulations for preliminary plans.

     (ii) Requirements for the preliminary plan and supporting materials for this phase of the

review include, but are not limited to: engineering plans depicting the existing site conditions,

engineering plans depicting the proposed development project, and a perimeter survey.

     (iii) At the preliminary plan review phase, the administrative officer shall solicit final,

written comments and/or approvals of the department of public works, the city or town engineer,

the city or town solicitor, other local government departments, commissions, or authorities as

appropriate.

     (iv) Prior to approval of the preliminary plan, copies of all legal documents describing the

property, proposed easements, and rights-of-way.

     (v) Prior to approval of the preliminary plan, an applicant must submit all permits required

by state or federal agencies, including permits related to freshwater wetlands, the coastal zone,

floodplains, preliminary suitability for individual septic disposal systems, public water systems,

and connections to state roads. For a state permit from the Rhode Island department of

transportation, a letter evidencing the issuance of such a permit upon the submission of a bond and

insurance is sufficient, but such actual permit shall be required prior to the issuance of a building

permit.

     (vi) If the applicant is requesting alteration of any variances and/or special-use permits

granted by the planning board or commission at the master plan stage of review pursuant to adopted

unified development review provisions, and/or any new variances and/or special-use permits, such

requests and all supporting documentation shall be included as part of the preliminary plan

application materials, pursuant to § 45-23-50.1(b).

     (2) Certification. The application will be certified as complete or incomplete by the

administrative officer within twenty-five (25) days, according to the provisions of § 45-23-36(c) so

long as a completed checklist of requirements is provided with the submission. 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 shall the

administrative officer be required to certify a corrected submission as complete or incomplete less

than ten (10) days after its resubmission.

     (3) Technical review committee. To the extent the community utilizes a technical review

committee, it shall review the application prior to the first planning board meeting and shall

comment and make recommendations to the planning board.

     (4) Public notice. Prior to the first planning board meeting on the preliminary plan, public

notice shall be sent to abutters only at least fourteen (14) days before the hearing.

     (5) Public improvement guarantees. Proposed arrangements for completion of the

required public improvements, including construction schedule and/or financial guarantees, shall

be reviewed and approved by the planning board at preliminary plan approval.

     (6) Decision. A complete application for a major subdivision or development plan shall be

approved, approved with conditions, or denied, in accordance with the requirements of §§ 45-23-

60 and 45-23-63, within ninety (90) days of the date when it is certified complete, or within a

further amount of time that may be consented to by the developer through the submission of a

written waiver. Provided that, the timeframe for decision is automatically extended if evidence of

state permits has not been provided, or otherwise waived in accordance with this section.

     (7) Failure to act. Failure of the planning board to act within the prescribed period

constitutes approval of the preliminary plan, and a certificate of the administrative officer as to the

failure of the planning board to act within the required time and the resulting approval shall be

issued on request of the applicant.

     (8) Vesting. The approved preliminary plan is vested for a period of two (2) years with the

right to extend for two (2), one-year extensions upon written request by the applicant, who must

appear before the planning board for each annual review and provide proof of valid state or federal

permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause

shown, if requested, in writing by the applicant, and approved by the planning board. The vesting

for the preliminary plan approval includes all general and specific conditions shown on the

approved preliminary plan drawings and supporting material.

     (e) Final plan.

     (1) Submission requirements.

     (i) The applicant shall submit to the administrative officer the items required by the local

regulations for the final plan, as well as all material required by the planning board when the

application was given preliminary approval.

     (ii) Arrangements for completion of the required public improvements, including

construction schedule and/or financial guarantees.

     (iii) Certification by the tax collector that all property taxes are current.

     (iv) For phased projects, the final plan for phases following the first phase, shall be

accompanied by copies of as-built drawings not previously submitted of all existing public

improvements for prior phases.

     (2) Certification. The application for final plan approval shall be certified complete or

incomplete by the administrative officer in writing, within fifteen (15) days, according to the

provisions of § 45-23-36(c) so long as a completed checklist of requirements is provided with the

submission. This time period may be extended to twenty-five (25) days by written notice from the

administrative officer to the applicant where the final plans contain changes to or elements not

included in the preliminary plan approval. The running of the time period set forth herein shall be

deemed stopped upon the issuance of a certificate of incompleteness of the application by the

administrative officer and shall recommence upon the resubmission of a corrected application by

the applicant. However, in no event shall the administrative officer be required to certify a corrected

submission as complete or incomplete less than ten (10) days after its resubmission. If the

administrative officer certifies the application as complete and does not require submission to the

planning board as per subsection (c) of this section, the final plan shall be considered approved.

     (3) Decision. The administrative officer, or, if referred to it, the planning board, shall

review, grant, grant with conditions, or deny final plan approval. A decision shall be issued within

forty-five (45) days after the certification of completeness, or within a further amount of time that

may be consented to by the applicant, approve or deny the final plan as submitted.

     (4) Failure to act. Failure of the administrative officer, or, if referred to it, the planning

board to act within the prescribed period constitutes approval of the final plan, and a certificate of

the administrative officer as to the failure of the planning board to act within the required time and

the resulting approval shall be issued on request of the applicant.

     (5) Expiration of approval. The final approval of a major subdivision or land development

project expires one year from the date of approval with the right to extend for one year upon written

request by the applicant, who must appear before the planning board for the annual review, unless,

within that period, the plat or plan has been submitted for signature and recording as specified in §

45-23-64. Thereafter, the planning board may, for good cause shown, extend the period for

recording.

     (6) Acceptance of public improvements. Signature and recording as specified in § 45-23-

64 constitute the acceptance by the municipality of any street or other public improvement or other

land intended for dedication. Final plan approval shall not impose any duty upon the municipality

to maintain or improve those dedicated areas until the governing body of the municipality accepts

the completed public improvements as constructed in compliance with the final plans.

     (7) Validity of recorded plans. The approved final plan, once recorded, remains valid as

the approved plan for the site unless and until an amendment to the plan is approved under the

procedure stated in § 45-23-65, or a new plan is approved by the planning board.

     (f) Modifications and changes to plans.

     (1) Minor changes, as defined in the local regulations, to the plans approved at any stage

may be approved administratively, by the administrative officer. The changes may be authorized

without an additional planning board meeting, to the extent applicable, at the discretion of the

administrative officer. All changes shall be made part of the permanent record of the project

application. This provision does not prohibit the administrative officer from requesting

recommendation from either the technical review committee or the permitting authority. Denial of

the proposed change(s) shall be referred to the applicable permitting authority planning board for

review as a major change.

     (2) Major changes, as defined in the local regulations, to the plans approved at any stage

may be approved only by the applicable permitting authority planning board and must include a

public hearing.

     (3) The administrative officer shall notify the applicant in writing within fourteen (14) days

of submission of the final plan application written request for a change if the administrative officer

determines the change to be a major change of the approved plans.

     (g) Appeal. Decisions under this section shall be considered an appealable decision

pursuant to § 45-23-71.

 

Pl. 403 (Article 2)

(1) Minor changes, as defined in the local regulations, to the plans approved at any stage

may be approved administratively, by the administrative officer. The changes may be authorized

without an additional planning board meeting, to the extent applicable, at the discretion of the

administrative officer. All changes shall be made part of the permanent record of the project

application. This provision does not prohibit the administrative officer from requesting

recommendation from either the technical review committee or the permitting authority. Denial of

the proposed change(s) shall be referred to the applicable permitting authority for review as a major

change.

     (2) Major changes, as defined in the local regulations, to the plans approved at any stage

may be approved only by the applicable permitting authority and must include a public hearing.

     (3) The administrative officer shall notify the applicant in writing within fourteen (14)

days of submission of the final plan application if the administrative officer determines the change

to be a major change of the approved plans.

 

831)

Section

Amended By Chapter Numbers:

 

45-23-46

298 and 299

 

 

45-23-46. General provisions — Construction and/or improvement guarantees.

     (a) The local regulations shall require planning board approval of the permitting authority

of agreements for the completion of all required public improvements prior to final plan approval

in the form of: (1) completion Completion of actual construction of all improvements,; (2)

improvement Improvement guarantees,; or (3) combination Combination thereof.

     (b) Where improvements are constructed without a financial guarantee, the work is to be

completed prior to final approval. All construction shall be inspected by the appropriate town staff

or agents in a timely manner and approved under the direction of the administrative officer and

according to local regulations.

     (c) Improvement guarantees shall be in an amount and with all necessary conditions to

secure for the municipality the actual construction and complete installation of all the required

improvements, within the period specified by the planning board permitting authority. The amount

shall be based on actual cost estimates for all required public improvements and these estimates

shall be reviewed and approved by the planning board permitting authority. The board permitting

authority may fix the guarantee in a reasonable amount in excess of the estimated costs to anticipate

for economic or construction conditions. Local regulations may include provisions for the review

and/or upgrade of guarantees.

     (d) The security shall be in the form forms of a financial instrument acceptable to the

approving authority instruments set forth in local regulations and shall enable the municipality to

gain timely access to the secured funds, for cause. The local regulations shall provide at least three

(3) acceptable forms of financial security and the approving authority shall not limit the security to

one specific form of the acceptable forms set forth in the local regulations.

     (e) The local regulations shall establish procedures for the setting of improvement

guarantee amounts,; for inspections of improvements,; for acceptance of improvements by the

municipality; and for the release of the improvement guarantees to the applicant. Procedures may

include provisions for partial releases of the guarantees as stages of the improvements are

completed, inspected, and approved under the coordination of the administrative officer and

reported to the planning board permitting authority.

     (f) In the cases of developments and subdivisions which that are being approved and

constructed in phases, the planning board permitting authority shall specify improvement guarantee

requirements related to each particular phase.

     (g) The planning board permitting authority may also require maintenance guarantees to

be provided for a one-year period subsequent to completion, inspection, and acceptance of the

improvement(s) unless there are extenuating circumstances. Such maintenance guarantee shall not

exceed ten (10%) percent (10%) of the original guarantee amount, or the original cost of the public

improvements if no guarantee was required.

     (h) Procedures for the acceptance of required improvements shall stipulate that all

improvements, once inspected and approved, shall be accepted by the municipality or other

appropriate municipal agency for maintenance and/or part of the municipal system.

     (i) The municipality is granted the power to enforce the guarantees by all appropriate legal

and equitable remedies.

 

832)

Section

Amended By Chapter Numbers:

 

45-23-50

292 and 293

 

 

45-23-50. Special provisions — Development plan review. [Effective January 1, 2024.]

     (a) Municipalities may provide for development plan review, as defined in §§ 45-23-32

and 45-24-49 of the Rhode Island Zoning Enabling Act of 1991, as part of the local regulations. In

these instances, local regulations must include all requirements, procedures, and standards

necessary for proper review and recommendations of projects subject to development plan review

to ensure consistency with the intent and purposes of this chapter and with § 45-24-49 of the Rhode

Island Zoning Enabling Act of 1991. The local regulations and/or ordinances shall identify the

permitting authority with the responsibility to review and approve applications for development

plan review, which shall be designated as the planning board, technical review committee, or

administrative officer. The local regulations and/or ordinances shall provide for specific categories

of projects that may review and approve an application administratively as well as categories that

are required to be heard by the designated planning board, or authorized permitting authority.

     (b) The authorized permitting authority may waive requirements for development plan

approval where there is a change in use or occupancy and no extensive construction of

improvements is sought. The waiver may be granted only by a decision by the permitting authority

finding that the use will not affect existing drainage, circulation, relationship of buildings to each

other, landscaping, buffering, lighting, and other considerations of development plan approval, and

that the existing facilities do not require upgraded or additional site improvements. The application

for a waiver of development plan approval review shall include documentation, as required by the

permitting authority, on prior use of the site. the proposed use, and its impact.

     (c) The authorized permitting authority may grant waivers of design standards as set forth

in the local regulations and zoning ordinance. The local regulations shall specifically list what

limited waivers an administrative officer is authorized to grant as part of their review.

     (d) Review stages. Administrative development plan review consists of one stage of

review, while formal development plan review consists of two (2) stages of review, preliminary

and final. The administrative officer may combine the approval stages, providing requirements for

both stages are met by the applicant to the satisfaction of the administrative officer.

     (1) Application requesting relief from the zoning ordinance.

     (i) Applications under this chapter that require relief that qualifies only as a modification

under § 45-24-46 and local ordinances shall may proceed by filing an application under this chapter

and a request for a modification to the zoning enforcement officer. If such modification is granted

the application shall then proceed to be reviewed by the administrative officer as to completeness

pursuant to the applicable requirements of this section. If the modification is denied or an objection

is received as set forth in § 45-24-46, such application shall proceed under unified development

plan review pursuant to § 45-23-50.1.

     (ii) Applications under this section that require relief from the literal provisions of the

zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning

board under unified development plan review pursuant to § 45-23-50.1, and a request for review

shall accompany the preliminary plan application.

     (e) Submission requirements. Any applicant requesting approval of a proposed

development under this chapter, shall submit to the administrative officer the items required by the

local regulations. Requests for relief from the literal requirements of the zoning ordinance and/or

for the issuance of special-use permits or use variances related to projects qualifying for

development plan review shall be submitted and reviewed under unified development review

pursuant to § 45-23-50.1.

     (f) Certification. The application shall be certified, in writing, complete or incomplete by

the administrative officer within twenty-five (25) days or within fifteen (15) days if no street

creation or extension is required, and/or unified development review is not required, according to

the provisions of § 45-23-36(c). If an applicant also submits for a modification to the zoning

enforcement officer, the running of the time period set forth herein will not begin until the decision

on the modification is made as set forth in § 45-24-46. The running of the time period set forth in

this section will be deemed stopped upon the issuance of a written 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 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.

     (g) Timeframes for decision.

     (1) Administrative development plan approval. An application shall be approved, denied,

or approved with conditions within twenty-five (25) days of the certificate of completeness or

within any further time that is agreed to in writing by the applicant and administrative officer.

     (2) Formal development plan approval.

     (i) Preliminary plan. Unless the application is reviewed under unified development

review, the permitting authority will approve, deny, or approve with conditions, the preliminary

plan within sixty-five (65) days of certification of completeness, or within any further time that is

agreed to by the applicant and the permitting authority.

     (ii) Final plan. For formal development plan approval, the permitting authority shall

delegate final plan review and approval to the administrative officer. The officer will report its

actions in writing to the permitting authority at its next regular meeting, to be made part of the

record. The final plan shall be approved or denied within forty-five (45) days after the certification

of completeness, or within a further amount of time that may be consented to by the applicant, in

writing.

     (h) Failure to act. Failure of the administrative officer or the permitting authority to act

within the period prescribed constitutes approval of the preliminary plan, and a certificate of the

administrative officer as to the failure to act within the required time and the resulting approval

shall be issued on request of the application.

     (i) Vested rights. Approval of development plan review shall expire two (2) years from

the date of approval unless, within that period, a plat or plan, in conformity with approval, and as

defined in this act, is submitted for signature and recording as specified in § 45-23-64. Validity

may be extended for an additional period upon application to the administrative officer or

permitting authority, whichever entity approved the application, upon a showing of good cause.

     (j) Modifications and changes to plans.

     (1) Minor changes, as defined in the local regulations, to the plans approved at any stage

may be approved administratively, by the administrative officer, whereupon final plan approval

may be issued. The changes may be authorized without an additional planning board meeting, at

the discretion of the administrative officer. All changes shall be made part of the permanent record

of the project application. This provision does not prohibit the administrative officer from

requesting recommendation from either the technical review committee or the permitting authority

if the permitting authority is not the administrative officer. Denial of the proposed change(s) shall

be referred to the permitting authority for review as a major change.

     (2) Major changes, as defined in the local regulations, to the plans approved at any stage

may be approved only by the permitting authority and must follow the same review and hearing

process required for approval of preliminary plans, which shall include a public hearing, if

originally required as part of the project's approvals.

     (3) The administrative officer shall notify the applicant in writing within fourteen (14) days

of submission of the final plan application written request for a change if the administrative officer

determines that there has been a major change to the approved plans.

     (k) Appeal. A decision under this section shall be considered an appealable decision

pursuant to § 45-23-71.

 

833)

Section

Amended By Chapter Numbers:

 

45-23-50.1

292 and 293

 

 

45-23-50.1. Special provisions — Unified development review. [Effective January 1,

2024.]

     (a) A municipal zoning ordinance shall provide for unified development review pursuant

to § 45-24-46.4, and the local regulations must include procedures for the filing, review, and

approval of applications, pursuant to § 45-24-46.4 and this section.

     (b) Review of projects submitted under the unified development review provisions of the

regulations shall adhere to the procedures, timeframes, and standards of the underlying category of

the project as listed in § 45-23-36, but shall also include the following procedures:

     (1) Minor subdivisions and land development projects. Except for dimensional relief

granted by modification as set forth in §§ 45-23-38 and § 45-24-46, requests for variances and/or

for the issuance of special-use permits related to minor subdivisions and land development projects

shall be submitted as part of the application materials for the preliminary plan stage of review or if

combined, for the first stage of reviews. A public hearing on the application, including any variance

and special-use permit requests that meets the requirements of subsection (d) of this section shall

be held prior to consideration of the preliminary plan by the planning board or commission. The

planning board or commission shall conditionally approve or deny the request(s) for the variance(s)

and/or special-use permit(s) before considering the preliminary plan application for the minor

subdivision or land development project. Approval of the variance(s) and/or special-use permit(s)

shall be conditioned on approval of the final plan of the minor subdivision or land development

project.

     (2) Development plan review. Except for dimensional relief granted by modification as

set forth in §§ 45-23-38 45-23-50 and § 45-24-46, requests for relief from the literal requirements

of the zoning ordinance and/or for the issuance of special-use permits related to minor subdivisions

and land development projects shall be submitted as part of the application materials for the

preliminary plan stage of review. A public hearing on the application, including any variance and

special-use permit requests that meets the requirements of subsection (d) of this section shall be

held prior to consideration of the preliminary plan by the planning board or commission relevant

permitting authority. The planning board or commission authorized permitting authority shall

conditionally approve or deny the request(s) for the variance(s) and/or special-use permit(s) before

considering the preliminary plan application for the minor subdivision or land development project.

Approval of the variance(s) and/or special-use permit(s) shall be conditioned on approval of the

final plan of the minor subdivision or land development project.

     (3) Major subdivisions and land development projects — Master plan. Except for

dimensional relief granted by modification as set forth in § 45-23-39, requests for variances for

relief from the literal requirements of the zoning ordinance and/or for the issuance of a special-use

permit related to major subdivisions and land development projects shall be submitted as part of

the application materials for the master plan stage of review, or if combined, the first stage of

review. A public hearing on the application, including any variance and special-use permit requests,

that meets the requirements of subsection (d) of this section, shall be held prior to consideration of

the master plan by the planning board or commission. The planning board or commission shall

conditionally approve or deny the requests for the variance(s) and/or special-use permit(s) before

considering the master plan application for the major subdivision or land development project.

Approval of the variance(s) and/or special-use permit(s) shall be conditioned on approval of the

final plan of the major subdivision or land development project.

     (4) Major subdivisions and land development projects — Preliminary plan. During

the preliminary plan stage of review, applicants shall have the ability to request alteration of any

variance(s) and/or special-use permit(s) granted by the planning board or commission during the

master plan stage of review, and/or to request new variance(s) and/or special-use permit(s), based

on the outcomes of the more detailed planning and design necessary for the preliminary plan. If

necessary, the applicant shall submit such requests and all supporting documentation along with

the preliminary plan application materials. If the applicant requests new or additional zoning relief

at this stage, a public hearing on the application, that meets the requirements of subsection (d) of

this section, shall be held prior to consideration of the preliminary plan by the planning board or

commission. The planning board or commission shall conditionally approve, amend, or deny the

requests for alteration(s), new variance(s), and/or new special-use permit(s), before considering the

preliminary plan application for the major subdivision or land development project. Approval of

the alteration(s), new variance(s), and/or new special-use permit(s) shall be conditioned on

approval of the final plan of the major subdivision or land development project. If the planning

board or commission denies the request for alteration(s), new variance(s), and/or new special-use

permit(s), the planning board shall have the option of remanding the application back to the master

plan stage of review. Alternatively, if the planning board or commission denies the request for

alteration(s), new variance(s), and/or new special-use permit(s), the applicant may consent to an

extension of the decision period mandated by § 45-23-41(f) [repealed] 45-23-39 so that additional

information can be provided and reviewed by the board or commission.

     (c) Decision. The time periods by which the planning board or commission must approve

or deny applications for variances and special-use permits under the unified development review

provisions of the local regulations shall be the same as the time periods by which the board must

make a decision on the applicable review stage of the category of project under review.

     (d) Unless otherwise provided in this chapter all applications under this section shall

require a single public hearing, held pursuant to subsection (b) of this section. The public hearing

must meet the following requirements:

     (1) Public hearing notice shall adhere to the requirements found in § 45-23-42(1);

     (2) The notice area for notice of the public hearing shall be specified in the local

regulations, and shall, at a minimum, include all property located in or within not less than two

hundred feet (200′) of the perimeter of the area included in the subdivision and/or land development

project. Notice of the public hearing shall be sent by the administrative officer to the administrative

officer of an adjacent municipality if: (i) The notice area extends into the adjacent municipality; or

(ii) The development site extends into the adjacent municipality; or (iii) There is a potential for

significant negative impact on the adjacent municipality. Additional notice within watersheds shall

also be sent as required in § 45-23-53(b) and (c);

     (3) Public notice shall indicate that dimensional variance(s), use variance(s), and/or

special-use permit(s) are to be considered for the subdivision and/or land development project; and

     (4) The cost of all public notice is to be borne by the applicant.

     (e) The time periods by which the permitting authority must approve, approve with

conditions, or deny requests for variances and special-use permits under the unified development

review provisions of a zoning ordinance shall be the same as the time periods by which the board

must make a decision on the applicable review stage of the underlying type of project under review.

     (f) The expiration periods of an approval of a variance or special use permit granted under

this section shall be the same as those set forth in the statute for the underlying type of project under

review.

     (g) Decisions under this section, including requests for the variance(s) and/or special-use

permits that are denied by the permitting authority, may be appealed pursuant to § 45-23-71.

 

 

 

 

 

 

 

834)

Section

Amended By Chapter Numbers:

 

45-23-61

292 and 293

 

 

45-23-61. Procedure — Precedence of approvals between planning board and other

local permitting authorities.

     (a) Zoning board.

     (1) Where an applicant requires both a variance from the local zoning ordinance and

planning board approval, and the application is not undergoing shall be reviewed under unified

development review pursuant to §§ 45-23-50.1 and 45-24-46.4 the local zoning ordinance, the

applicant shall first obtain an advisory recommendation from the planning board, as well as

conditional planning board approval for the first approval stage for the proposed project, which

may be simultaneous, then obtain conditional zoning board relief, and then return to the planning

board for subsequent required approval(s).

     (2) Where an applicant requires both a special-use permit under the local zoning ordinance

and planning board approval, and the application is not undergoing shall be reviewed under unified

development review pursuant to §§ 45-23-50.1 and 45-24-46.4 the local zoning ordinance, the

applicant shall first obtain an advisory recommendation from the planning board, as well as

conditional planning board approval for the first approval stage for the proposed project, which

may be simultaneous, then obtain a conditional special-use permit from the zoning board, and then

return to the planning board for subsequent required approval(s).

     (b) City or town council. Where an applicant requires both planning board approval and

council approval for a zoning ordinance or zoning map change, the applicant shall first obtain an

advisory recommendation on the zoning change from the planning board, as well as conditional

planning board approval for the first approval stage for the proposed project, which may be

simultaneous, then obtain a conditional zoning change from the council, and then return to the

planning board for subsequent required approval(s).

 

835)

Section

Amended By Chapter Numbers:

 

45-23-65

292 and 293

 

 

45-23-65. Procedure — Changes to recorded plats and plans.

     (a) For all changes to the approved recorded plans of land development projects or

subdivisions subject to this act, an amendment of the final development plans is required prior to

the issuance of any building permits. The procedure for approval and the categorization of whether

such change is minor or major shall be in accordance with §§ 45-23-38(h), 45-23-39(f), or 45-23-

50(j), whichever is applicable based on the underlying type of application. Any such changes

approved in the final plan shall be recorded as amendments to the final plan in accordance with the

procedure established for recording of plats in § 45-23-64.

     (b) Minor changes, as defined in the local regulations, to a land development or subdivision

plan may be approved administratively, by the administrative officer, whereupon a permit may be

issued. The changes may be authorized without additional public hearings, at the discretion of the

administrative officer. All changes shall be made part of the permanent record of the project

application. This provision does not prohibit the administrative officer from requesting a

recommendation from either the technical review committee or the planning board. Denial of the

proposed change(s) shall be referred to the planning board for review as a major change.

     (c) Major changes, as defined in the local regulations, to a land development or subdivision

plan may be approved, only by the planning board and must follow the same review and public

hearing process required for approval of preliminary plans as described in § 45-23-41.

     (d) Rescission procedure. The planning board, only upon application by all landowners of

the plat to be affected, may determine that the application for plat rescission is not consistent with

the comprehensive community plan and is not in compliance with the standards and provisions of

the municipality’s zoning ordinance and/or land development and subdivision review regulations

and shall hold a public hearing, which adheres to the requirements for notice described in § 45-23-

42. The planning board shall approve, approve with conditions or modifications, or deny the

application for rescission of the plat according to the requirements of § 45-23-63. If it is necessary

to abandon any street covered under chapter 6 of title 24, the planning board shall submit to the

city or town council the documents necessary for the abandonment process. Once the required

process for rescission or for rescission and abandonment has been completed, the revised plat shall

be signed and recorded as specified in § 45-23-64.

 

836)

Section

Amended By Chapter Numbers:

 

45-23-67

292 and 293

 

 

45-23-67. Appeals from decision of administrative officer. [Effective January 1, 2024.]

     (a) Process and timing. Local regulations adopted pursuant to this chapter shall provide

that an appeal from any decision of the administrative officer charged in the regulations with

enforcement of any provisions, except as provided in this section, may be taken to the board of

appeal by an aggrieved party as set forth in this section. Decisions by the administrative officer

approving or denying projects under § 45-23-38 or § 45-23-50 shall not be subject to this section

and shall proceed directly to superior court as set forth in § 45-23-71.

     (1) An appeal to the board of appeal from a decision or action of the administrative officer

may be taken by an aggrieved party to the extent provided in § 45-23-66 [repealed] 45-23-67 this

section. The appeal must be taken within twenty (20) days after the decision has been recorded in

the city’s or town’s land evidence records and posted in the office of the city or town clerk.

     (2) The appeal shall be in writing and state clearly and unambiguously the issue or decision

that is being appealed, the reason for the appeal, and the relief sought. The appeal shall either be

sent by certified mail, with a return receipt requested, or be hand-delivered to the board of appeal.

The city or town clerk shall accept delivery of an appeal on behalf of the board of appeal, if the

local regulations governing land development and subdivision review so provide.

     (3) Upon receipt of an appeal, the board of appeal shall require the administrative officer

to immediately transmit to the board of appeal, all papers, documents, and plans, or a certified copy

thereof, constituting the record of the action that is being appealed.

     (b) Stay. An appeal stays all proceedings in furtherance of the action being appealed.

     (c) Hearing.

     (1) The board of appeal shall hold a hearing on the appeal within forty-five (45) days of

the receipt of the appeal, and give public notice of the hearing, as well as due notice to the parties

of interest. At the hearing the parties may appear in person, or be represented by an agent or

attorney. The board shall render a decision within ten (10) days of the close of the public hearing.

The cost of any notice required for the hearing shall be borne by the applicant.

     (2) The board of appeal shall only hear appeals of the actions of an administrative officer

at a meeting called especially for the purpose of hearing the appeals and that has been so advertised.

     (3) The hearing, which may be held on the same date and at the same place as a meeting

of the zoning board of review, must be held as a separate meeting from any zoning board of review

meeting. Separate minutes and records of votes as required by § 45-23-70(d) [repealed] shall be

maintained by the board of appeal.

     (d) Standards of Review.

     (1) As established by this chapter, in instances of a board of appeal’s review of an

administrative officer’s decision on matters subject to this chapter, the board of appeal shall not

substitute its own judgment for that of the administrative officer but must consider the issue upon

the findings and record of the administrative officer. The board of appeal shall not reverse a

decision of the administrative officer except on a finding of prejudicial procedural error, clear error,

or lack of support by the weight of the evidence in the record.

     (2) The concurring vote of three (3) of the five (5) members of the board of appeal sitting

at a hearing, is necessary to reverse any decision of the administrative officer.

     (3) In the instance where the board of appeal overturns a decision of the administrative

officer, the proposed project application is remanded to the administrative officer, at the stage of

processing from which the appeal was taken, for further proceedings before the administrative

officer and/or for the final disposition, which shall be consistent with the board of appeal’s decision.

     (4) The board of appeal shall keep complete records of all proceedings including a record

of all votes taken, and shall put all decisions on appeals in writing. The board of appeal shall include

in the written record the reasons for each decision.

 

837)

Section

Amended By Chapter Numbers:

 

45-24-30

296 and 297

 

 

45-24-30. General purposes of zoning ordinances.

     (a) Zoning regulations shall be developed and maintained in accordance with a

comprehensive plan prepared, adopted, and as may be amended, in accordance with chapter 22.2

of this title and shall be designed to address the following purposes. The general assembly

recognizes these purposes, each with equal priority and numbered for reference purposes only.

     (1) Promoting the public health, safety, and general welfare.

     (2) Providing for a range of uses and intensities of use appropriate to the character of the

city or town and reflecting current and expected future needs.

     (3) Providing for orderly growth and development that recognizes:

     (i) The goals and patterns of land use contained in the comprehensive plan of the city or

town adopted pursuant to chapter 22.2 of this title;

     (ii) The natural characteristics of the land, including its suitability for use based on soil

characteristics, topography, and susceptibility to surface or groundwater pollution;

     (iii) The values and dynamic nature of coastal and freshwater ponds, the shoreline, and

freshwater and coastal wetlands;

     (iv) The values of unique or valuable natural resources and features;

     (v) The availability and capacity of existing and planned public and/or private services and

facilities;

     (vi) The need to shape and balance urban and rural development; and

     (vii) The use of innovative development regulations and techniques.

     (4) Providing for the control, protection, and/or abatement of air, water, groundwater, and

noise pollution, and soil erosion and sedimentation.

     (5) Providing for the protection of the natural, historic, cultural, and scenic character of the

city or town or areas in the municipality.

     (6) Providing for the preservation and promotion of agricultural production, forest,

silviculture, aquaculture, timber resources, and open space.

     (7) Providing for the protection of public investment in transportation, water, stormwater

management systems, sewage treatment and disposal, solid waste treatment and disposal, schools,

recreation, public facilities, open space, and other public requirements.

     (8) Promoting a balance of housing choices, for all income levels and groups, to assure the

health, safety and welfare of all citizens and their rights to affordable, accessible, safe, and sanitary

housing.

     (9) Providing opportunities for the establishment of low- and moderate-income housing.

     (10) Promoting safety from fire, flood, and other natural or unnatural disasters.

     (11) Promoting a high level of quality in design in the development of private and public

facilities.

     (12) Promoting implementation of the comprehensive plan of the city or town adopted

pursuant to chapter 22.2 of this title.

     (13) Providing for coordination of land uses with contiguous municipalities, other

municipalities, the state, and other agencies, as appropriate, especially with regard to resources and

facilities that extend beyond municipal boundaries or have a direct impact on that municipality.

     (14) Providing for efficient review of development proposals, to clarify and expedite the

zoning approval process.

     (15) Providing for procedures for the administration of the zoning ordinance, including,

but not limited to, variances, special-use permits, and, where adopted, procedures for modifications.

     (16) Providing opportunities for reasonable accommodations in order to comply with the

Rhode Island Fair Housing Practices Act, chapter 37 of title 34; the United States Fair Housing

Amendments Act of 1988 (FHAA); the Rhode Island Civil Rights of Persons with Disabilities Act,

chapter 87 of title 42; and the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101

et seq.

     Provided, however, that any zoning ordinance in which a community sets forth standards

or requirements for the location, design, construction, or maintenance of on-site wastewater

treatment systems shall first be submitted to the director of the department of environmental

management for approval as to the technical merits of the ordinance. In addition, any zoning

ordinance in which a municipality sets forth standards regarding wetland requirements, shall first

be submitted to the director of the department of environmental management for approval as to the

technical merits of the ordinance.

     (b) Upon the effective date of this section, a city or town shall no longer be authorized to

adopt as a provision of its zoning ordinance new requirements that specify buffers or setbacks in

relation to freshwater wetland, freshwater wetland in the vicinity of the coast, or coastal wetland or

that specify setback distances between an onsite wastewater treatment system and a freshwater

wetlands, freshwater wetland in the vicinity of the coast, or coastal wetland.

     (c) Upon promulgation of state regulations to designate wetland buffers and setbacks

pursuant to §§ 2-1-18 through 2-1-28, cities Cities and towns shall be prohibited from applying

the requirements in existing zoning ordinances pertaining to both wetland buffers and onsite

wastewater treatment system setbacks to development, redevelopment, construction, or

rehabilitation applications submitted to a municipality after the effective date of said state

regulations. All applications for development that were submitted to a municipality prior to the

effective date of state regulations designating wetland buffers and setbacks, will remain subject to,

as applicable, the zoning provisions pertaining to wetland buffers or setbacks for onsite wastewater

treatment systems that were in effect at the time the application was originally filed or granted

approval, subject to the discretion of the municipality to waive such requirements. Nothing herein

shall rescind the authority of a city or town to enforce other local zoning requirements.

     (d) Cities and towns shall act to amend their ordinances and regulations to conform to this

section within twelve (12) months of the effective date of state regulations referenced herein.

 

838)

Section

Amended By Chapter Numbers:

 

45-24-31

241 and 242, 284 and 285, 286 and 287

 

 

45-24-31. Definitions. [Effective January 1, 2024.]

     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 (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) Adaptive reuse. “Adaptive reuse,” as defined in § 42-64.22-2.

     (5) 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.

     (6) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4.

     (7) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2.

     (8) Applicant. An owner, or authorized agent of the owner, submitting an application or

appealing an action of any official, board, or agency.

     (9) 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.

     (10) 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.

     (11) Building. Any structure used or intended for supporting or sheltering any use or

occupancy.

     (12) 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.

     (13) 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.

     (14) 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.

     (15) 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.

     (16) 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.

     (17) 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.

     (18) Day care — Daycare center. Any other daycare center that is not a family daycare

home.

     (19) 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.

     (20) Density, residential. The number of dwelling units per unit of land.

     (21) 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.

     (22) Development plan review. See §§ 45-23-32 and 45-23-50.

     (23) District. See “zoning use district.”

     (24) 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.

     (25) 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.

     (26) 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.

     (27) 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.

     (28) 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.

     (29) Floodplains, or Flood hazard area. As defined in § 45-22.2-4.

     (30) 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.

     (31) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3.

     (32) 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.

     (33) Hardship. See § 45-24-41.

     (34) Historic district or historic site. As defined in § 45-22.2-4.

     (35) Home occupation. Any activity customarily carried out for gain by a resident,

conducted as an accessory use in the resident’s dwelling unit.

     (36) 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) one person per bedroom

and shall not exceed five (5) unrelated persons per dwelling. The maximum number shall not apply

to NARR-certified recovery residences.

     (37) 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.

     (38) Infrastructure. Facilities and services needed to sustain residential, commercial,

industrial, institutional, and other activities.

     (39) Land development project. As defined in § 45-23-32.

     (40) 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.

     (41) Lot area. The total area within the boundaries of a lot, excluding any street right-of-

way, usually reported in acres or square feet.

     (42) 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.

     (43) Lot building coverage. That portion of the lot that is, or may be, covered by buildings

and accessory buildings.

     (44) 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.

     (45) 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.

     (46) 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.

     (47) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined

herein.

     (48) 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.

     (49) 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.

     (50) Mere inconvenience. See § 45-24-41.

     (51) Mixed use. A mixture of land uses within a single development, building, or tract.

     (52) 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.

     (53) 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.

     (54) 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.

     (55) Performance standards. A set of criteria or limits relating to elements that a particular

use or process must either meet or may not exceed.

     (56) Permitted use. A use by right that is specifically authorized in a particular zoning

district.

     (57) Planned development. A “land development project,” as defined in subsection (39),

and developed according to plan as a single entity and containing one or more structures or uses

with appurtenant common areas.

     (58) Plant agriculture. The growing of plants for food or fiber, to sell or consume.

     (59) 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.

     (60) 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.

     (61) Site plan. The development plan for one or more lots on which is shown the existing

and/or the proposed conditions of the lot.

     (62) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface

of the ground.

     (63) 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.

     (64) 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.

     (65) 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.

     (66) 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.

     (67) 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 under the applicable standards set forth in § 45-24-41.

     (68) Waters. As defined in § 46-12-1(23).

     (69) Wetland, coastal. As defined in § 45-22.2-4.

     (70) Wetland, freshwater. As defined in § 2-1-20.

     (71) 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.

     (72) 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.

     (73) 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.

     (74) 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.

 

Pl. 284 and Pl. 285

   (2) Accessory dwelling unit (ADU). A residential living unit on the same parcel lot where

the primary principal use is a legally established single-family dwelling unit or multi-unitfamily

dwelling unit. 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.

 

(37) 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.

 

Pl. 286 and Pl. 287

(37) 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.

 

  (50) Manufactured home. As used in this section, a manufactured home shall have the same

definition as in 42 U.S.C. §5402, meaning a structure, transportable in one or more sections, which,

in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in

length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is

built on a permanent chassis and designed to be used as a dwelling with a permanent foundation

connected to the required utilities, and includes the plumbing, heating, air-conditioning, and

electrical systems contained therein; except that such term shall include any structure which that

meets all the requirements of this definition except the size requirements and with respect to which

the manufacturer voluntarily files a certification required by the United States Secretary of Housing

and Urban Development and complies with the standards established under chapter 70 of Title 42

of the United States Code; and except that such term shall not include any self-propelled

recreational vehicle;.

     (50)(51) Mere inconvenience. See § 45-24-41.

     (51)(52) Mixed use. A mixture of land uses within a single development, building, or tract.

     (52)(53)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.

     (53)(54) 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.

     (54)(55) 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.

     (55)(56) Performance standards. A set of criteria or limits relating to elements that a

particular use or process must either meet or may not exceed.

     (56)(57) Permitted use. A use by right that is specifically authorized in a particular zoning

district.

     (57)(58) Planned development. A “land development project,” as defined in subsection

(39), and developed according to plan as a single entity and containing one or more structures or

uses with appurtenant common areas.

     (58)(59) Plant agriculture. The growing of plants for food or fiber, to sell or consume.

     (59)(60) 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.

     (60)(61) 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.

     (61)(62) Site plan. The development plan for one or more lots on which is shown the

existing and/or the proposed conditions of the lot.

     (62)(63) Slope of land. The grade, pitch, rise, or incline of the topographic landform or

surface of the ground.

     (63)(64) 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.

     (64)(65) 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.

     (65)(66) 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.

     (66)(67) 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.

     (67)(68) 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 under the applicable standards set forth in § 45-24-41.

     (68)(69) Waters. As defined in § 46-12-1(23).

     (69)(70) Wetland, coastal. As defined in § 45-22.2-4.

     (70)(71) Wetland, freshwater. As defined in § 2-1-20.

     (71)(72) 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.

     (72)(73) 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.

     (73)(74) 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.

     (74)(75) 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.

 

839)

Section

Amended By Chapter Numbers:

 

45-24-33

456 and 457

 

 

45-24-33. Standard provisions.

     (a) A zoning ordinance addressesshall address each of the purposes stated in § 45-24-30

and addressesshall address, through reasonable objective standards and criteria, the following

general provisions which are numbered for reference purposes only except as prohibited by §§ 45-

24-30(b), § 45-24-30(c), or § 45-24-30(d):

     (1) Permitting, prohibiting, limiting, and restricting the development of land and structures

in zoning districts, and regulating those land and structures according to their type and the nature

and extent of their use;

     (2) Regulating the nature and extent of the use of land for residential, commercial,

industrial, institutional, recreational, agricultural, open space, or other use or combination of uses,

as the need for land for those purposes is determined by the city or town’s comprehensive plan;

     (3) Permitting, prohibiting, limiting, and restricting buildings, structures, land uses, and

other development by performance standards, or other requirements, related to air and water and

groundwater quality, noise and glare, energy consumption, soil erosion and sedimentation, and/or

the availability and capacity of existing and planned public or private services;

     (4) Regulating within each district and designating requirements for:

     (i) The height, number of stories, and size of buildings;

     (ii) The dimensions, size, lot coverage, floor area ratios, and layout of lots or development

areas and floor area ratios provided that zoning ordinances must exclude any portion of a basement

as defined in § 45-24.3-5 from the calculation of floor area ratio;

     (iii) The density and intensity of use;

     (iv) Access to air and light, views, and solar access;

     (v) Open space, yards, courts, and buffers;

     (vi) Parking areas, road design, and, where appropriate, pedestrian, bicycle, and other

circulator systems;

     (vii) Landscaping, fencing, and lighting;

     (viii) Appropriate drainage requirements and methods to manage stormwater runoff;

     (ix) Public access to waterbodies, rivers, and streams; and

     (x) Other requirements in connection with any use of land or structure;

     (5) Permitting, prohibiting, limiting, and restricting development in flood plains or flood

hazard areas and designated significant natural areas;

     (6) Promoting the conservation of energy and promoting energy-efficient patterns of

development;

     (7) Providing for the protection of existing and planned public drinking water supplies,

their tributaries and watersheds, and the protection of Narragansett Bay, its tributaries and

watershed;

     (8) Providing for adequate, safe, and efficient transportation systems; and avoiding

congestion by relating types and levels of development to the capacity of the circulation system,

and maintaining a safe level of service of the system;

     (9) Providing for the preservation and enhancement of the recreational resources of the city

or town;

     (10) Promoting an economic climate that increases quality job opportunities and the overall

economic well-being of the city or town and the state;

     (11) Providing for pedestrian access to and between public and private facilities, including,

but not limited to, schools, employment centers, shopping areas, recreation areas, and residences;

     (12) Providing standards for, and requiring the provision of, adequate and properly

designed physical improvements, including plantings, and the proper maintenance of property;

     (13) Permitting, prohibiting, limiting, and restricting land use in areas where development

is deemed to create a hazard to the public health or safety;

     (14) Permitting, prohibiting, limiting, and restricting extractive industries and earth

removal and requiring restoration of land after these activities;

     (15) Regulating sanitary landfill, except as otherwise provided by state statute;

     (16) Permitting, prohibiting, limiting, and restricting signs and billboards and other outdoor

advertising devices;

     (17) Designating airport hazard areas under the provisions of chapter 3 of title 1, and

enforcement of airport hazard area zoning regulations under the provisions established in that

chapter;

     (18) Designating areas of historic, cultural, and/or archaeological value and regulating

development in those areas under the provisions of chapter 24.1 of this title;

     (19) Providing standards and requirements for the regulation, review, and approval of any

proposed development in connection with those uses of land, buildings, or structures specifically

designated as subject to development plan review in a zoning ordinance;

     (20) Designating special protection areas for water supply and limiting or prohibiting

development in these areas, except as otherwise provided by state statute;

     (21) Specifying requirements for safe road access to developments from existing streets,

including limiting the number, design, and location of curb cuts, and provisions for internal

circulation systems for new developments, and provisions for pedestrian and bicycle ways;and

     (22) Reducing unnecessary delay in approving or disapproving development applications

through provisions for preapplication conferences and other means.;

     (23) Providing for the application of the Rhode Island Fair Housing Practices Act, chapter

37 of title 34, the United States Fair Housing Amendments Act of 1988 (FHAA); the Rhode Island

Civil Rights of People with Disabilities Act, chapter 3787 of title 42; and the Americans with

Disabilities Act of 1990 (ADA), 42 U.S.C. § 12101 et seq.; and

     (24) Regulating drive-through windows of varied intensity of use when associated with

land-use activities and providing standards and requirements for the regulation, review, and

approval of the drive-through windows, including, but not limited to:

     (i) Identifying within which zoning districts drive-through windows may be permitted,

prohibited, or permitted by special-use permit;

     (ii) Specifying requirements for adequate traffic circulation; and

     (iii) Providing for adequate pedestrian safety and access, including issues concerning safety

and access for those with disabilities.

     (b) A zoning ordinance may include special provisions for any or all of the following:

     (1) Authorizing development incentives, including, but not limited to, additional permitted

uses, increased development and density, or additional design or dimensional flexibility in

exchange for:

     (i) Increased open space;

     (ii) Increased housing choices;

     (iii) Traffic and pedestrian improvements;

     (iv) Public and/or private facilities; and/or

     (v) Other amenities as desired by the city or town and consistent with its comprehensive

plan. The provisions in the ordinance shall include maximum allowable densities of population

and/or intensities of use and shall indicate the type of improvements, amenities, and/or conditions.

Conditions may be made for donation in lieu of direct provisions for improvements or amenities;

     (2) Establishing a system for transfer of development rights within or between zoning

districts designated in the zoning ordinance; and

     (3) Regulating the development adjacent to designated scenic highways, scenic waterways,

major thoroughfares, public greenspaces, or other areas of special public investment or valuable

natural resources.

     (c) Slope of land shall not be excluded from the calculation of the buildable lot area or the

minimum lot size, or in the calculation of the number of buildable lots or units.

     (d) Nothing in this section shall be construed to restrict a municipality’s right, within state

and local regulations, to establish its own minimum lot size per zoning district in its town or city.

 

840)

Section

Amended By Chapter Numbers:

 

45-24-37

284 and 285, 286 and 287

 

 

45-24-37. General provisions — Permitted uses. [Effective January 1, 2024.]

     (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 dwelling unit in an

owner-occupied residence that complies with ("ADU") that meets the requirements of §§ 45-24-31

and 45-24-73(a) shall be a 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 use in all residential zoning districts. An ADU which that meets the requirements of §§

45-24-31 and 45-24-73(a) shall be permitted through an administrative building permit process

only.

     (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.

     (h) Adaptive reuse. Notwithstanding any other provisions of this chapter, adaptive reuse

for the conversion of any commercial building, including offices, schools, religious facilities,

medical buildings, and malls into residential units or mixed-use developments which include the

development of at least fifty percent (50%) of the existing gross floor area into residential units,

shall be a permitted use and allowed by specific and objective provisions of a zoning ordinance,

except where such is prohibited by environmental land use restrictions recorded on the property by

the state of Rhode Island department of environmental management or the United States

Environmental Protection Agency preventing the conversion to residential use.

     (1) The specific zoning ordinance provisions for adaptive reuse shall exempt adaptive reuse

developments from off-street parking requirements of over one space per dwelling unit.

     (2) Density.

     (i) For projects that meet the following criteria, zoning ordinances shall allow for high

density development and shall not limit the density to less than fifteen (15) dwelling units per acre:

     (A) Where the project is limited to the existing footprint, except that the footprint is allowed

to be expanded to accommodate upgrades related to the building and fire codes and utilities; and

     (B) The development includes at least twenty percent (20%) low- and moderate-income

housing; and

     (C) The development has access to public sewer and water service or has access to adequate

private water, such as a well and and/or wastewater treatment system(s) approved by the relevant

state agency for the entire development as applicable.

     (ii) For all other adaptive reuse projects, the residential density permitted in the converted

structure shall be the maximum allowed that otherwise meets all standards of minimum housing

and has access to public sewer and water service or has access to adequate private water, such as a

well, and wastewater treatment system(s) approved by the relevant state agency for the entire

development, as applicable. The density proposed shall be determined to meet all public health and

safety standards.

     (3) Notwithstanding any other provisions of this chapter, for adaptive reuse projects,

existing building setbacks shall remain and shall be considered legal nonconforming, but no

additional encroachments shall be permitted into any nonconforming setback, unless otherwise

allowed by zoning ordinance or relief is granted by the applicable authority.

     (4) For adaptive reuse projects, notwithstanding any other provisions of this chapter, the

height of the existing structure, if it exceeds the maximum height of the zoning district, may remain

and shall be considered legal nonconforming, and any rooftop construction shall be included within

the height exemption

 

Pl. 286 and Pl. 287

    (e) Notwithstanding any other provision of this chapter, an accessory dwelling unit in an

owner-occupied residence that complies with §§ 45-24-31 and 45-24-73 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.

 

    (i) Notwithstanding any other provisions of this chapter, all towns and cities may allow

manufactured homes which that comply with § 23-27.3-109.1.3 as a type of single-family home

on any lot zoned for single-family use. Such home shall comply with all dimensional requirements

of a single-family home in the district or seek relief for the same under the provisions of this

chapter.

 

841)

Section

Amended By Chapter Numbers:

 

45-24-38

292 and 293

 

 

45-24-38. General provisions — Substandard lots of record. [Effective January 1,

2024.]

     (a) Any city or town adopting or amending a zoning ordinance under this chapter shall

regulate the development of any single substandard lot of record or contiguous lots of record at the

effective date of adoption or amendment of the zoning ordinance.

     (b) Notwithstanding the failure of that lot or those lots to meet the dimensional and/or

quantitative requirements, and/or road frontage or other access requirements, applicable in the

district as stated in the ordinance, a substandard lot of record shall not be required to seek any

zoning relief based solely on the failure to meet minimum lot size requirements of the district in

which such lot is located. The setback, frontage, and/or lot width requirements for a structure under

this section shall be reduced and the maximum building coverage requirements shall be increased

by the same proportion as the lot area of the substandard lot is to the minimum lot area requirement

of the zoning district in which the lot is located. For any structure proposed under this section on a

substandard lot of record, the following dimensional regulations shall apply:

     (1) Minimum building setbacks, lot frontage, and lot width requirements for a lot which

that is nonconforming in area shall be reduced by applying the building setback, lot frontage, and

lot width requirements from another zoning district in the municipality in which the subject lot

would be conforming as to lot area. If the subject lot is not conforming as to lot area in any zoning

district in the municipality, the setbacks, lot frontage, and lot width shall be reduced by the same

proportion that the area of such substandard lot meets the minimum lot area of the district in which

the lot is located. By way of example, if the lot area of a substandard lot only meets forty percent

(40%) of the minimum lot area required in the district in which it is located, the setbacks, lot

frontage, and lot width shall each be reduced to forty percent (40%) of the requirements for those

dimensional standards in the same district.

     (2) Maximum lot building coverage for lots that are nonconforming in area shall be

increased by the inverse proportion that the area of such substandard lot meets the minimum area

requirements in the district in which the lot is located. By way of example, if the lot area of a

substandard lot only meets forty percent (40%) of the required minimum lot area, the maximum lot

building coverage is allowed to increase by sixty percent (60%) over the maximum permitted lot

building coverage in that district.

     All proposals exceeding such reduced requirement shall proceed with a modification

request under § 45-24-46 or a dimensional variance request under § 45-24-41, whichever is

applicable.

     (c) Provisions may be made for the merger of contiguous unimproved, or improved and

unimproved, substandard lots of record in the same ownership to create dimensionally conforming

lots or to reduce the extent of dimensional nonconformance. The ordinance shall specify the

standards, on a district by district basis, which determine the mergers. The standards shall include,

but are not to be limited to, the availability of infrastructure, the character of the neighborhood, and

the consistency with the comprehensive plan. The merger of lots shall not be required when the

substandard lot of record has an area equal to or greater than the area of fifty percent (50%) of the

lots within two hundred feet (200′) of the subject lot, as confirmed by the zoning enforcement

officer.

 

842)

Section

Amended By Chapter Numbers:

 

45-24-42

292 and 293

 

 

45-24-42. General provisions — Special-use permits. [Effective January 1, 2024.]

     (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 shall

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 of the

various categories of special-use permits established in the zoning ordinance, shall be issued;

     (3) Establish specific and objective criteria for the issuance of each type of use category of

special-use permit, which criteria shall be in conformance with the purposes and intent of the

comprehensive plan and the zoning ordinance of the city or town; however, in no case shall any

specific and objective criteria for a special use permit include a determination of consistency with

the comprehensive plan;

     (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 local 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 same notice shall be posted in the

town or city clerk's office and one other municipal building in the municipality and the municipality

must make the notice accessible on the municipal home page of its website at least fourteen (14)

days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit

a notarized affidavit to attest to such mailing. The cost of the newspaper and mailing 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 [repealed] 45-

24-69 or § 45-23-71, dependent on the board to which application was made.

     (c) If an ordinance does not expressly provide for specific and objective criteria for the

issuance of a category of special use permit such category shall be deemed to be permitted use.

     (d) The ordinance additionally shall provide that an applicant 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 each respective special use criteria and the dimensional variance

evidentiary standards.

 

843)

Section

Amended By Chapter Numbers:

 

45-24-46.1

294 and 295

 

 

45-24-46.1. Inclusionary zoning. [Effective January 1, 2024.]

     (a) A zoning ordinance requiring the inclusion of affordable housing as part of a

development shall provide that the housing will be affordable housing, as defined in § 42-128-

8.1(d)(1); that the affordable housing will constitute not less than twenty-five percent (25%) fifteen

percent (15%) of the total units in proposed for the development; and that the units will remain

affordable for a period of not less than thirty (30) years from initial occupancy enforced through a

land lease and/or deed restriction enforceable by the municipality and the state of Rhode Island. A

zoning ordinance that requires the inclusion of affordable housing as part of a development shall

specify the threshold in which the inclusion of affordable housing is required, but in no event shall

a minimum threshold triggering the inclusion of affordable housing be higher than ten (10) dwelling

units. The total number of units for the development may include less than fifteen percent (15%)

affordable units after the density bonus described in subsection (c) of this section is determined.

     (b) A zoning ordinance that includes inclusionary zoning may provide that the affordable

housing must be built on-site or utilize it may allow for one or more alternative methods of

production, including, but not limited to: off-site construction or rehabilitation; donation of land

suitable for development of the required affordable units; and/or the payment of a fee in lieu of the

construction or provision of affordable housing units.

     (c) Density bonus, zoning incentives, and municipal subsidies. For all projects subject

to inclusionary zoning, subject to applicable setback, lot width, or frontage requirements or the

granting of relief from the same, a municipality shall allow the addition of two (2) one market rate

units unit for each affordable unit provided required and the minimum lot area per dwelling unit

normally required in the applicable zoning district shall be reduced by that amount necessary to

accommodate the development. Larger density bonuses for the provision of an increased percentage

of affordable housing in a development may be provided by a municipality in the zoning ordinance.

The total number of units for the development shall equal the number originally proposed, including

the required affordable units, plus the additional units that constitute the density bonus. Local

regulations shall provide for reasonable relief from dimensional requirements to accommodate the

bonus density under this section. Nothing herein shall prohibit a A municipality from providing, or

an applicant from requesting, shall provide, and an applicant may request, additional zoning

incentives and/or municipal government subsidies as defined in § 45-53-3 to offset differential

costs of affordable units. Available zoning incentives and municipal government subsidies shall

may be listed in the zoning ordinance, but shall not be an exclusive list.

     (d) Fee-in-lieu. To the extent a municipality provides an option for the payment of a fee-

in-lieu of the construction or provision of affordable housing, and an application seeks to utilize

fee-in-lieu, the use of such fee shall be the choice of the developer or builder applied on a per-unit

basis and may be used for new developments, purchasing property and/or homes, rehabilitating

properties, or any other manner that creates additional low- or moderate-income housing as defined

in § 45-53-3(9).

     (1) Eligibility for density bonus. Notwithstanding any other provisions of this chapter, an

application that utilizes a fee-in-lieu of the construction or provision of affordable housing, off-site

construction or rehabilitation, or donation of land suitable for development of the required

affordable units shall not be eligible for the density bonus outlined in this section.

     (2) An application that seeks to utilize a fee-in-lieu of the construction or provision of

affordable housing must be permitted reviewed by the planning board or commission and is not

eligible for administrative review under the Rhode Island Land Development and Subdivision

Review Enabling Act of 1992, codified at §§ 45-23-25 — 45-23-74.

     (3) Amount of fee-in-lieu. For affordable single-family homes and condominium units, the

per-unit fee shall be the difference between the maximum affordable sales price for a family of four

(4) earning eighty percent (80%) of the area median income as determined annually by the U.S.

Department of Housing and Urban Development and the average cost of developing a single unit

of affordable housing. The average cost of developing a single unit of affordable housing shall be

determined annually based on the average, per-unit development cost of affordable homes financed

by Rhode Island housing and mortgage finance corporation (RIHMFC) over the previous three (3)

years, excluding existing units that received preservation financing.

     (i) Notwithstanding subsection (d)(3) of this section, in no case shall the per-unit fee for

affordable single family homes and condominium units be less than forty thousand dollars

($40,000).

     (4) Use of fee-in-lieu. The municipality shall deposit all in-lieu payments into restricted

accounts that shall be allocated and spent only for the creation and development of affordable

housing within the municipality serving individuals or families at or below eighty percent (80%)

of the area median income. The municipality shall maintain a local affordable housing board to

oversee the funds in the restricted accounts and shall allocate the funds within three (3) years of

collection. The municipality shall include in the housing element of their local comprehensive plan

and shall pass by ordinance, the process it will use to allocate the funds.

     (e) As an alternative to the provisions of subsection (d), the municipality may elect to

transfer in-lieu payments promptly upon receipt or within the three-year (3) period after receipt. A

municipality shall transfer all fee-in-lieu payments that are not allocated within three (3) years of

collection, including funds held as of July 1, 2024, to RIHMFC for the purpose of developing

affordable housing within that community.

     (f) Both the municipalities and RIHMFC shall report annually with the first report due

December 31, 2024, to the general assembly, the secretary of housing, and the housing resources

commission the amount of fees in lieu collected by community, the projects that were provided

funding with the fees, the dollar amounts allocated to the projects, and the number of units created.

 

844)

Section

Amended By Chapter Numbers:

 

45-24-46.4

292 and 293

 

 

45-24-46.4. Special provisions — Unified development review. [Effective January 1,

2024.]

     (a) A zoning ordinance shall provide that review and decision on variances and/or special-

use permits for properties undergoing review which qualifies for unified development review by

the authorized permitting authority, be conducted and decided by the authorized permitting

authority. This process is to be known as unified development review.

     (b) The local ordinance and regulation shall provide for the application and review process

pursuant to § 45-23-50.1.

     (c) A zoning ordinance that provides for unified development review shall:

     (1) Empower the authorized permitting authority to grant, grant with conditions, or deny

zoning relief; and

     (2) Provide that any person, group, agency, or corporation that files an application for a

project under this section shall also file specific requests for relief from the literal requirements of

a zoning ordinance on the subject property, pursuant to § 45-24-41, and/or for the issuance of

special-use permits for the subject property, pursuant to § 45-24-42, by including such within the

application to the administrative officer with the other required application materials, pursuant to

§ 45-23-50.1(b).

     (d) [Deleted by P.L. 2023, ch. 308, § 2 and P.L. 2023, ch. 309, § 2.]

     (e) All land development and subdivision applications that include requests for variances

and/or special-use permits submitted pursuant to this section shall require a public hearing that

meets the requirements of § 45-23-50.1.

     (f) In granting requests for dimensional and use variances, the authorized permitting

authority shall be bound to the requirements of § 45-24-41 relative to entering evidence into the

record in satisfaction of the applicable standards.

     (g) In reviewing requests for special-use permits, the authorized permitting authority shall

be bound to the conditions and procedures under which a special-use permit may be issued and the

criteria for the issuance of such permits, as found within the zoning ordinance pursuant to § 45-24-

42, and shall be required to provide for the recording of findings of fact and written decisions as

described in the zoning ordinance pursuant to § 45-24-42.

     (h) An appeal from any decision made pursuant to this section may be taken pursuant to §

45-24-71 45-23-71.

 

845)

Section

Amended By Chapter Numbers:

 

45-24-49

292 and 293

 

 

45-24-49. Special provisions — Development plan review. [Effective January 1, 2024.]

     (a) A zoning ordinance shall may permit development plan review of applications pursuant

to § 45-23-50, for uses that are permitted by right under the zoning ordinance, but the review shall

only be based on specific and objective guidelines which must be stated in the zoning ordinance.

The permitting authority shall also be set forth in and be established by the zoning ordinance. A

rejection of the application shall be considered an appealable decision pursuant to § 45-24-64 45-

23-71.

     (b) The permitting authority may grant relief from the zoning ordinance and may grant

zoning incentives under specific conditions set forth in the zoning ordinance.

     (c) [Deleted by P.L. 2023, ch. 308, § 2 and P.L. 2023, ch. 309, § 2.]

 

846)

Section

Amended By Chapter Numbers:

 

45-24-56

288 and 289

 

 

45-24-56. Administration — Zoning board of review — Establishment and

procedures.

     (a) A Unless the zoning ordinance provides for a combined review board pursuant to §§

45-24-56.1 and 45-22-1, 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 shall consist of five (5) members, each to hold office for

the term of five (5) years; provided, that the original appointments shall be made for terms of one,

two (2), three (3), four (4), and five (5) years, respectively. A zoning ordinance shall provide for

the length of term of each member, but shall not exceed five (5) years. The zoning board of review

shall also include at least two (2) or up to four (4) alternates to be designated as the first and second

alternate members as each respective alternate, 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; if there is a third

alternate, such alternate shall vote if three (3) members of the board are unable to serve at a hearing;

and if there is a fourth alternate, such alternate shall vote if four (4) members of the board are unable

to serve at a hearing. In the absence of the first an alternate member or members, the second next

numbered alternate member or members shall serve in the position of the first alternate that

alternate or alternates. 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.

     (c) Notwithstanding the provisions of subsection (b), the zoning board of review of the

town of Jamestown shall consist of five (5) members, each to hold office for the term of five (5)

years; provided, that the original appointments shall be 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 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 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), 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), 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), 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), 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, second, and third 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), 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, second, third, and fourth 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), 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), 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.

 

847)

Section

Added By Chapter Numbers:

 

45-24-56.1

288 and 289

 

 

45-24-56.1. Administration -- Authority to establish a combined review board.

     (a) A zoning ordinance may provide for the creation of a combined review board and for

the appointment of members, including alternate members as set forth herein, and for the

organization of the board, as specified in the zoning ordinance. Such board, if authorized and

appointed, shall take the place of a separate planning board/commission and zoning board in the

municipality. The board shall have the powers, authority, responsibilities, and duties attributable to

the zoning board or planning board/commission as set forth in chapters 22, 22.2, 23, 24, 24.1, 32,

and 53 of this title 45. A zoning ordinance may provide for remuneration to the board members

and for reimbursement for expenses incurred in the performance of official duties. The board 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 are

sent; and an office where records and decisions are filed.

     (b) The combined review board shall consist of at least five (5) members. A zoning

ordinance shall provide for the length of term of each member, but shall not exceed five (5) years.

The board shall also include at least two (2), or up to four (4) alternates to be designated as each

respectively numbered alternate, 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; if there is a third alternate, such alternate

shall vote if three (3) members of the board are unable to serve at a hearing; and if there is a fourth

alternate, such alternate shall vote if four (4) members of the board are unable to serve at a hearing.

In the absence of an alternate member or members, the next numbered alternate member or

members shall serve in the position of the alternate or alternates. 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.

The zoning ordinance shall specify procedures for filling vacancies in unexpired terms of board

members, and for removal of members for due cause.

     (c) The agenda for a meeting of a combined review board shall state clearly which matters

are to be reviewed pursuant to its local and statutory authority as the planning board.

     (d) Nothing herein shall change or alter the application, procedure, voting, notice, or other

requirements set forth in the chapter governing the underlying application before the board.

 

848)

Section

Added By Chapter Numbers:

 

45-24-58.1

219 and 220

 

 

45-24-58.1. Electronic permitting.

     (a) On or before October 1, 2025, every municipality in the state, shall adopt and

implement electronic permitting for all development applications under this chapter. For purposes

of this section, “electronic permitting” means use of computer-based tools and services that

automate and streamline the application process to include, but not be limited to, task-specific tools

for: applications; submission of plans; completed checklists and checklist documents; reports; plan

review; permitting; scheduling; project tracking; staff and technical review committee comments;

fee calculation and collection.

     (b) The state building commissioner, with the assistance of the office of regulatory reform

and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may

promulgate rules and regulations to implement the provisions of this section.

     (c) The local towns and cities shall charge each applicant an additional one-tenth of one

percent (.001%) of the total application fee for each application submitted. This additional amount

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 one web-accessible

service and/or system to be utilized by the state and municipalities for the uniform, statewide

electronic submission, review and processing of development applications as set forth in this

section.

     (d) On or before October 1, 2025, notwithstanding any other provision of this chapter to

the contrary, all acts, requirements, filings, and documents necessary to comply with the application

process shall be conducted by means of electronic permitting.

     (e) The department of business regulation shall reimburse annual fees and costs associated

with compliance with this program in accordance with procedures established by the department.

 

849)

Section

Amended By Chapter Numbers:

 

45-24-73

284 and 285

 

 

45-24-73. Design standards required for accessory dwelling units; Consistent statewide

treatment of accessory dwelling units required.

     (a) Any municipality 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 that permits ADUs shall not:

     Pursuant to § 45-24-37, one accessory dwelling unit (ADU) per lot shall be allowed by

right under the following circumstances:

     (1) On an owner-occupied property as a reasonable accommodation for family members

with disabilities; or

     (2) On a lot with a total lot area of twenty thousand square feet (20,000 sq. ft.) or more for

which the primary use is residential; or

     (3) Where the proposed ADU is located within the existing footprint of the primary

structure or existing accessory attached or detached structure and does not expand the footprint of

the structure.

     (b) Uniform standards.

     (1) A municipality may establish a maximum unit size for an ADU but such limitation must

allow, subject to applicable dimensional requirements:

     (i) A studio or one bedroom ADU of at least nine hundred square feet (900 sq. ft), or sixty

percent (60%) of the floor area of the principal dwelling, whichever is less; and

     (ii) A two-(2)bedroom (2) ADU of at least twelve hundred square feet (1,200 sq. ft.), or

sixty percent (60%) of the floor area of the principal dwelling, whichever is less.

     (2) For all ADU applications, a municipality shall not:

     (1)(i) Restrict tenants based on familial relationship relationships or age unless such

restriction is necessary to comply with the terms of the federal subsidy related to affordability;

     (2)(ii) Charge unique or unreasonable application or permitting fees for the creation of an

ADU that exceed those that would be charged for a new single-family dwelling;

     (3)(iii) Require infrastructure improvements in connection with the ADU, including, but

not limited to, separate water or sewer service lines or expanded septic system capacity; provided,

however, municipalities may require modification unless such improvements and/or modifications

are required by an applicable state agency for compliance under state law or regulation, or to

comply with building code requirements, or to address capacity or upgrades necessary to

accommodate the ADU;

     (4)(iv) Discriminate against populations protected under state and federal fair housing

laws;

     (5)(v) Impose unreasonable dimensional requirements or other development standards on

ADUs that effectively preclude their development or utilization in any instance exceed the

requirements for an accessory structure in the same zoning district;

     (6)(vi) 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 additional lot area, lot frontage, or lot width for

conforming lots or legal nonconforming lots of record solely to accommodate an ADU;

     (vii) Require zoning relief for ADU applications proposed within an existing footprint of

the primary or accessory structure which is a legal nonconforming structure in order to address the

existing dimensional nonconformity;

     (7)(viii) Require more than one off-street parking space beyond what is already required

for the primary use; or per bedroom of the ADU;

     (8)(ix) Limit ADUs to lots with preexisting homes; provided, a municipality shall allow

ADUs dwellings, or otherwise prohibit ADUs as part of applications for new primary dwelling

units or subdivisions.;

     (x) Prohibit an ADU that otherwise complies with this chapter and applicable dimensional

regulations from having up to two (2) bedrooms;

     (xi) Require an ADU to be exclusively occupied by a household that is low- or moderate-

income or less as defined by § 42-128-8.1, unless such ADU is part of an inclusionary zoning or

comprehensive permit application; or

     (xii) Revoke the permitted status or otherwise require the disassembly of a legally

established ADU upon transfer of title or occupancy.

     (3) An application for an ADU which that is not allowed by right under this section, shall

not, by itself, be reviewed as a minor land development or major land development project.

     (4) A municipality shall allow ADUs as part of applications for new primary dwelling units

or subdivisions. For proposed ADUs that are part of a larger development proposal, a municipality

shall not count such ADUs toward density of the proposal for purposes of limiting the number of

dwelling units allowed in such development proposal.

     (i) 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.

     (5) As part of the approval process, municipalities may exempt ADUs from all or part of

utility assessment and/or tie in fees.

     (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 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)(6) 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 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)(7) 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.

     (8) ADUs shall not be offered or rented for tourist or transient use or through a hosting

platform, as such terms are defined in § 42-63.1-2.

 

850)

Section

Repealed By Chapter Numbers:

 

45-24-74

284 and 285

 

 

45-24-74. [Repealed]

 

851)

Section

Added By Chapter Numbers:

 

45-24.7

3 and 4

 

 

CHAPTER 24.7

OUTDOOR DINING ACT

 

852)

Section

Added By Chapter Numbers:

 

45-24.7-1

3 and 4

 

 

45-24.7-1. Short title.

     This chapter shall be known and may be cited as the "Outdoor Dining Act".

 

853)

Section

Added By Chapter Numbers:

 

45-24.7-2

3 and 4

 

 

45-24.7-2. Definitions.

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

     (1) "Food service establishment" means any fixed or mobile restaurant, coffee shop,

cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar,

cocktail lounge, night club, roadside stand, industrial feeding establishment, cultural heritage

education facility, private, public or nonprofit organization or institution routinely serving food,

catering kitchen, commissary or similar place in which food or drink is prepared for sale or for

service on the premises or elsewhere, and any other eating or drinking establishment or operation

where food is served or provided for the public with or without charge.

     (2) "Outdoor dining" means the use of an adjacent, outside area by a food service

establishment for the same eating and drinking activities that occur within the establishment.

     (3) "Outdoor dining area" means any designated area outside the principal building of a

food service establishment which is designed, established, or regularly used for consuming food or

drink. Outdoor dining areas do not include any unenclosed dining area at a private residence.

     (4) “Restaurant” means an eating establishment, including, but not limited to, coffee shops,

cafeterias, and private and public school cafeterias, that give or offer for sale food to the public,

guests, or employees, as well as kitchens and catering facilities in which food is prepared on the

premises for serving elsewhere. The term “restaurant” shall include a bar area within the restaurant.

 

854)

Section

Added By Chapter Numbers:

 

45-24.7-3

3 and 4

 

 

45-24.7-3. Outdoor dining compliance.

     (a) A food service establishment that offers outdoor dining shall:

     (1) Comply with all accessibility requirements to which places of public accommodations

are subject; and

     (2) Comply with the Rhode Island food code (216 RICR 50-10-1 et seq.), the Rhode Island

fire safety code (450 RICR 00-00-1 et seq.), and the Rhode Island building code (510 RICR 00-00-

1 et seq.).

     (b) All outdoor dining structures built on private property in compliance with § 45-24-46.5

that have been inspected by February 15, 2025, and found to be in compliance with the Rhode

Island food code (216 RICR 50-10-1 et seq.), the Rhode Island fire safety code (450 RICR 00-00-

1 et seq.), and the Rhode Island building code (510 RICR 00-00-1 et seq.) shall be deemed

approved, and a governmental entity shall not require the removal of any alterations, modifications,

or physical structures compliant with these regulations, and shall not require any retroactive

applications, permits, fees, or approvals of such alterations, modifications, or physical structures.

 

855)

Section

Added By Chapter Numbers:

 

45-24.7-4

3 and 4

 

 

45-24.7-4. Municipal regulation of outdoor dining.

     (a) A city or town may adopt ordinances that:

     (1) Limit outdoor dining on public property;

     (2) Limit capacity for outdoor dining; and

     (3) Require barriers for outdoor dining that border parking lots or roadways.

     (b) A city or town shall not:

     (1) Adopt an ordinance prohibiting outdoor dining;

     (2) Adopt an ordinance limiting the time of year when outdoor dining may be offered;

     (3) Restrict the hours of outdoor dining operations inconsistent with the food service

establishment's existing licensure, except between the hours of 10:00 p.m. and 7:00 a.m.; or

     (4) Require new parking capacity standards on a food service establishment for an outdoor

dining area built in compliance with § 45-24-46.5, in excess of any in existence prior to March 1,

2020.

     (c) Nothing in this section shall be construed to:

     (1) Restrict municipal enforcement of noise ordinances; or

     (2) Authorize or entitle a food service establishment to conduct outdoor dining on areas for

which they do not have legal ownership or possession unless explicitly authorized by such

landowner or their authorized representative.

 

856)

Section

Added By Chapter Numbers:

 

45-25-15.2

310 and 311

 

 

45-25-15.2. Section 8 performance-based contract administration program.

     (a) The Rhode Island housing and mortgage finance corporation is a public housing

authority and public housing agency authorized to administer housing assistance programs

throughout this state for the benefit of persons of low- or moderate-income, subject to the limited

exception in § 45-25-15.1.

     (b) Notwithstanding any other provision of law, no other person, public housing authority,

or public housing agency, domestic or foreign, shall be authorized to administer allocations of

money under 42 U.S.C.A.U.S.C. § 1437f, or other federal statute authorizing project-based rental

subsidies under an annual contributions contract for the benefit of persons of low- or moderate-

income, on a statewide basis within this state, or on a regional basis that includes this state, except:

     (1) The Rhode Island housing and mortgage finance corporation;

     (2) A person authorized to administer such allocations pursuant to an agreement with the

Rhode Island housing and mortgage finance corporation; or

     (3) An organization, of which the Rhode Island housing and mortgage finance corporation

is a promoter, member, associate, owner, partner, manager, or other joint venturer, that is authorized

by a federal agency to administer such allocations in this state.

     (c) In addition to the powers granted by this chapter and chapter 55 of title 42, the Rhode

Island housing and mortgage finance corporation shall have all the powers necessary or convenient

for the administration of federal monies pursuant to subsection (b) of this section, including the

power:

     (1) To enter into one or more agreements for the administration of federal monies on a

statewide basis;

     (2) To be a promoter, partner, member, associate, owner, partner, manager, or other joint

venturer of any partnership, limited liability company, joint venture, association, trust, or other

organization;

     (3) To conduct its activities, locate offices, and exercise the powers granted by this title

within or outside this state, in compliance with all applicable laws;

     (4) To carry on a business in the furtherance of its purposes; and

     (5) To do all things necessary or convenient, consistent with law, to further the activities

and affairs of the Rhode Island housing and mortgage finance corporation.

 

857)

Section

Added By Chapter Numbers:

 

45-39.2

152 and 153

 

 

CHAPTER 39.2

CLEAR RIVER ELECTRIC AND WATER DISTRICT

 

858)

Section

Added By Chapter Numbers:

 

45-39.2-1

152 and 153

 

 

45-39.2-1. Short title.

     This act shall be known and may be cited as the "Clear River Electric and Water District

Act of 2024."

 

859)

Section

Added By Chapter Numbers:

 

45-39.2-2

152 and 153

 

 

45-39.2-2. Definitions.

     Terms used in this chapter shall be construed as follows, unless another meaning is

expressed or is clearly apparent from the language or context:

     (1) "Electric and water district" means the Clear River electric and water district, a quasi-

municipal corporation, district, and political subdivision of the state established and empowered by

this chapter to:

     (i) Succeed to and fulfill the electric and water utility functions, powers, rights, property,

and obligations heretofore held and fulfilled by the Pascoag utility district and Harrisville fire

district water department as defined above and not to include the fire protection, suppression, and

prevention functions or the emergency medical, rescue, and ambulance services of the Harrisville

fire district.;

     (ii) Exercise certain additional powers as a water supplier, an electric distribution company,

and as a nonregulated power producer; and

     (iii) To provide Provide additional utility services not inconsistent with the duties, powers,

and obligations of the electric and water district as defined in this section.

      (2) "Fire district" means the Harrisville fire district created by the act passed as chapter

637 of the Public Laws of 1910, entitled "An Act to Incorporate the Harrisville fire district" as

thereafter amended and supplemented from time to time.

     (3) "Fire protection assets" means that real property, facilities, equipment, statutory rights

and privileges, and other tangible or intangible property of any kind whatever used in, or useful to,

the conduct of the fire protection, suppression, and prevention operations and/or the emergency

medical, rescue, and ambulance services conducted prior to, on and after January 1, 2025, by the

fire district.

     (4) "Pascoag utility district" means that quasi-municipal corporation, district, and political

subdivision of the state established by and through Pub. P.L. 2001, ch. 12, § 1, effective April 4,

2001, to have and succeed to the utility powers and functions held and exercised prior to that date

by the Pascoag Fire District, as established under the act passed at the May session 1887, entitled

"An Act to Incorporate the Pascoag Fire District" as thereafter amended and supplemented from

time to time, and further having such additional powers, rights, and functions as set forth in title 45

chapter 58 of this title.

     (5) "Qualified voter" means any person whose name appears on an active account with the

Clear River electric and water district and who resides in the villages served by the Clear River

electric and water district or owns property in the villages served by the Clear River electric and

water district.

     (6) "Utility assets" means that real property, personal property, rights in any real and

personal property, facilities, equipment, contract rights, statutory rights and privileges, franchises,

and other tangible or intangible property of any kind whatever used in, or useful to, the conduct of

the electric and water utility operations conducted prior to January 1, 2025, by the Pascoag utility

district and the Harrisville fire district, and on and after January 1, 2025, by the Clear River electric

and water district.

     (7) "Utility bond obligations" means the obligations represented by and inherent in any

revenue or general obligation bond issued by the Pascoag utility district and Harrisville fire district

prior to January 1, 2025, for the purpose of financing any aspect of its electric or water utility

system or operations, which obligations remain outstanding in any part as of January 1, 2025.

     (8) "Utility service area" means that geographic area located within the boundaries of the

Pascoag fire district, as defined above and the Harrisville fire district as defined above and the

geographic area located within the boundaries of any other fire district that may be served by the

Clear River electric and water district from time to time.

 

 

 

 

 

860)

Section

Added By Chapter Numbers:

 

45-39.2-3

152 and 153

 

 

45-39.2-3. Purpose.

     This chapter is intended to:

     (a1) Establish the Clear River electric and water district as the successor to the utility

functions fulfilled prior to January 1, 2025, by the Pascoag utility district and the Harrisville fire

district;

     (b2) Provide for the orderly separation and transfer of those utility functions and related

utility assets and utility bond obligations (without impairment thereof) from the Pascoag utility

district and the public water supply functions of the Harrisville fire district to the electric and water

district;

     (c3) Provide for the retention and fulfillment of the fire protection and emergency medical

and rescue functions and fire protection assets of the Harrisville fire district by the fire district; and

     (d4) Authorize and enable the electric and water district to provide such other utility

products and services as may be authorized, from time to time, by the electric and water district’s

board of utility commissioners.

 

861)

Section

Added By Chapter Numbers:

 

45-39.2-4

152 and 153

 

 

45-39.2-4. Clear River electric and water district established.

     There is hereby created a quasi-municipal corporation, district, and political subdivision of

the state, to be known as the Clear River electric and water district, the boundaries of which shall

be coterminous with the boundaries of the utility service area of the Pascoag Fire District, as

established under the act passed at the May session 1887, entitled "An Act to Incorporate the

Pascoag Fire District" as thereafter amended and supplemented from time to time and such other

areas as provided for by this chapter and the boundaries of the utility service area of the Harrisville

fire district as established in and by chapter 637 of the Public Laws of 1910, as thereafter amended

and supplemented from time to time, and such other areas as provided for by this chapter. The

electric and water district shall, upon January 1, 2025, have and succeed to the utility powers and

functions heretofore held and exercised by the Pascoag Fire District and the Harrisville fire district,

and shall further have and be entitled to exercise the additional powers, rights, and functions set

forth in this chapter.

 

862)

Section

Added By Chapter Numbers:

 

45-39.2-5

152 and 153

 

 

45-39.2-5. Board of utility commissioners of the Clear River electric and water district

established.

     There is hereby created a board to be known as the board of utility commissioners of the

Clear River electric and water district. The powers of the electric and water district as set forth in

this chapter, or conferred on the electric and water district by operation of this chapter, shall be

vested in and exercised by a majority of the members of the board of utility commissioners then in

office; provided, however, that the board of utility commissioners in its discretion may delegate

executive functions to general managers, by resolution, rule, or otherwise.

 

 

 

863)

Section

Added By Chapter Numbers:

 

45-39.2-6

152 and 153

 

 

45-39.2-6. Membership of board of utility commissioners.

     (a) The board of utility commissioners shall consist of not more than seven (7) nor less

than five (5) members. Four (4) members of the board shall constitute a quorum and a vote of four

(4) members shall be necessary for all action taken by the board unless the board consists of only

five (5) members, in which case three (3) members shall constitute a quorum and a vote of three

(3) members shall be necessary for all action taken by the board. No vacancy in the membership of

the board shall impair the right of a quorum to exercise all the rights and perform all the duties of

the board. The initial members of the board of utility commissioners shall be comprised of three

(3) members of the utility commissioners currently holding office under the auspices of the Pascoag

utility district,; three (3) members of the operating committee of the Harrisville fire district (to be

selected by the Harrisville fire district operating committee),; and one member to be elected by

qualified voters at a special election. The terms of such initial board members shall be three (3)

years for one member elected and the most senior member from the Pascoag utility district and the

Harrisville fire district, and a two-(2)year (2) term for the next most senior member of each, and

one-year term for the third most senior member of each, each of whom shall continue to serve until

their initial terms expire. Thereafter, the members of the board of utility commissioners of the Clear

River electric and water district shall be elected for a term of three (3) years by ballot of qualified

voters otherwise eligible to vote in the annual or special election in succeeding years.

     (b) The members of the board of utility commissioners, moderator, or clerk shall be

residents of the villages of Pascoag, Harrisville, or Oakland. Such residents of the villages of

Pascoag, Harrisville, and Oakland and whose name appears on an active account with the Clear

River electric and water district shall be eligible to be a candidate for election to any one of the

above offices; provided, however, that they shall first have filed a declaration of candidacy with

the secretary of the board of utility commissioners not later than thirty (30) calendar days prior to

the scheduled date of the election through which such person seeks to be elected. In the event of a

vacancy occurring on the board of utility commissioners, moderator, or clerk by reason of death,

resignation, or other cause, the board itself may select an eligible candidate to fill the vacancy until

the next annual election.

     (c) The board of utility commissioners shall elect each year from among its members:

     (1) A chairperson, who shall chair and moderate meetings of the board of utility

commissioners and shall execute such other authorities and duties as the board may provide;

     (2) A vice chairperson who shall assume all duties of the chairperson in the chairperson’s

absence; and

     (3) A secretary, who shall maintain minutes of the meetings of the board of utility

commissioners, provide notice of the meetings in accordance with law, and shall have such other

duties as the board of utility commissioners may determine.

     The board of utility commissioners shall appoint a treasurer, who may be a member of the

board or a general or special employee of the electric and water district, and who shall have charge

and control of the money and deposits of the electric and water district.

     (d) The board of utility commissioners shall establish and adopt bylaws for the

management and conduct of the electric and water district’s affairs, and other aspects of the

governance of the electric and water district not otherwise controlled by this chapter. Pending the

adoption of the bylaws, the board of utility commissioners shall be deemed to have adopted, and

shall conduct the board’s business in accordance with, those portions of the bylaws of the Pascoag

utility district.

     (e) In order to ensure that the status of the electric and water district as a quasi-municipal

corporation, district, and political subdivision of the state does not prejudice its ability to contribute

to the development of effective competition in the electricity and communications industries in the

state, it is specifically found and determined that:

     (1) Strategic business planning records of the electric and water district (including without

limitation business plans, draft contracts, proposals, financial analyses, and other similar

documents) shall not be subject to the disclosure requirements of chapter 2 of title 38 unless the

same materials in comparable circumstances in the hands of an investor-owned utility would be

subject to disclosure under other laws of the state; and

     (2) Strategic business planning discussions of the board of utility commissioners, including

such discussions with electric and water district employees or consultants, are deemed to fall within

the circumstances defined in § 42-46-5(a)(7).

 

864)

Section

Added By Chapter Numbers:

 

45-39.2-7

152 and 153

 

 

45-39.2-7. Compensation of the board -- Employees of the electric and water district.

     (a) Each member of the board of utility commissioners shall be entitled to receive

compensation of not less than twenty-five dollars ($25.00) per year and not more than three

thousand dollars ($3,000) per year for attendance at scheduled and special meetings of the board

of utility commissioners, and shall be entitled to reimbursement of the actual and necessary

expenses incurred in the performance of their official duties. The salaries, compensation, and

expenses of all members and officers of the board, and all employees and agents of the electric and

water district, shall be paid solely out of funds of the electric and water district. No part of the

earnings of the electric and water district shall inure to the benefit of any private person.

     (b) The board shall appoint general managers and 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 and health and 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 electric and water district. The prohibition set forth in this subsection

may be waived by a vote of five (5) members 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

electric and water district.

     (d) The board of utility commissioners may elect to accept the provisions of chapter 21 of

this title 45 ("Retirement of Municipal Employees") by resolution, the acceptance to be forwarded

to the state retirement board by the board of utility commissioners in the same manner as provided

in § 45-21-4.

 

865)

Section

Added By Chapter Numbers:

 

45-39.2-8

152 and 153

 

 

45-39.2-8. Powers of the electric and water district.

     (a) The electric and water district shall have the power:

     (1) To acquire real or personal property and tangible or intangible personal property by

voluntary purchase from the owner or owners of the property, and to the extent that the board of

utility commissioners deems it advisable, to acquire property held by a corporation through

acquisition of the stock of the corporation and dissolution of the corporation;

     (2) To acquire real property, fixtures, and rights and interests in real property within its

utility service area by eminent domain, subject to the supervision of the public utilities commission

in the manner prescribed in § 39-1-31, and the electric and water district may, within and without

the district and the town of Burrillville and also without the consent of the town, install, make,

construct, and maintain pipes, aqueducts, conduits, machinery, or other equipment or appliances,

or authorize the same to be done, and regulate the use thereof to the extent deemed necessary or

appropriate to carry out the purposes of the electric and water district. The power conferred upon

the electric and water district by this provision shall include the authority to carry any works to be

constructed over or enter upon and excavate under any highway, turnpike, railroad, street, or other

public way for the purpose of locating, laying, constructing, building, installing, operating,

maintaining, altering, repairing, or replacing any pipes, appliances, or other such apparatus, upon

or beneath the surface, in such a manner so as not to permanently obstruct free travel thereon. In

exercising the power granted under this provision, the electric and water district shall, except in

emergencies, provide advance notice to and otherwise cooperate and coordinate with the town to

ensure that any such installation or excavation shall be carried out with reasonable dispatch and

with as little interference with and inconvenience to the rights of the public as may be feasible. The

electric and water district shall restore any highway, turnpike, railroad, street, or other public way

as near as may be possible to its original condition of safety and utility after any such installation

or excavation;

     (3) To own, operate, maintain, repair, improve, enlarge, and extend, in accordance with the

provisions of this chapter, any property acquired under this section all of which, together with the

acquisition of the property, are hereby declared to be public purposes;

     (4) To produce, purchase, acquire, distribute, and sell water and electricity at wholesale or

retail within or without its utility service area subject to franchise rights of other utilities; to lay

down, construct, own, operate, maintain, repair, and improve mains, pipes, wells, towers, and other

equipment and facilities necessary, appropriate or useful for those purposes; and to contract with

others for any or all of the foregoing purposes;

     (5) To produce, buy, sell, and trade electric capability, power, or energy products or

services at wholesale or retail; to purchase for its own use or for resale electric transmission service

and ancillary services; and to engage in any other transaction with respect to electricity or electricity

products that was heretofore authorized for the Pascoag utility district or investor-owned electric

companies operating as domestic electric utilities within the state (including participation in

generating facilities as authorized by chapter 20 of title 39); provided, that the electric and water

district electric operations shall operate and be subject to regulation of its retail rates for electricity

under title 39 when operating within its utility service area; and provided, further, that except to the

extent otherwise provided with respect to the exercise of its power of eminent domain under § 45-

39.2-8(2) subsection (2) of this section, the electric and water district water operations shall not

be subject to regulation of its retail rates or supervision or regulation by any department, division,

district, board, bureau, or agency of the state or any of its political subdivisions, including, without

limitation, the public utilities commission and the division of public utilities and carriers under

title 39 when operating within it utility service area.;

     (6) To acquire, own, lease, operate, maintain, repair, and expand facilities and equipment

necessary, appropriate, or useful to the operation of other utilities, including, but not limited to,

communications services such as Internet internet service, high-speed data transfer, local and long-

distance telephone service, community antenna television service, and to engage in the operation

of such utilities;

     (7) To sue and be sued;

     (8) To adopt and alter a corporate seal;

     (9) To acquire, hold, use, lease, sell, transfer, assign, or otherwise dispose of any property,

real, personal, or mixed, or any interest therein, for its corporate purposes, and to mortgage, pledge,

or lease any such property;

     (10) To make and adopt bylaws for the management and regulation of its affairs;

     (11) To borrow money for any of the purposes or powers granted to it under or by operation

of this chapter, including the creation and maintenance of working capital, and to issue negotiable

bonds, notes, or other obligations, to fund or refund the same, and to secure the obligation of such

bond, notes, or other obligations in any case by pledge of, or security interest in, the revenues and

property of the electric and water district.;

     (12) To fix rates (subject to the requirements of title 39 in the case of retail electric rates

within its utility service area) and collect charges for the use of the facilities or services rendered

by or any commodities furnished by the electric and water district;

     (13) To contract in its own name for any lawful purpose that would effectuate the purposes

and provisions of this chapter; to execute all instruments necessary to carry out the purposes of this

chapter; and to do all things necessary or convenient to carry into effect and operation the powers

granted by this chapter; and

     (14) Until, and only until, such time as those utility bond obligations to which the Clear

River electric and water district succeeds under or by operation of this chapter shall have been

retired, defeased, or otherwise satisfied in their entirety, to levy property tax assessments upon

property owners within its utility service area for the purpose of supporting utility bond obligations

of the Pascoag utility district and those of the Harrisville fire district outstanding as of January 1,

2025, in the same manner and to the same extent as each of the Pascoag utility district and

Harrisville fire district was authorized to do so under chapter 58 of this title 45 ("Pascoag utility

district"), as to Pascoag utility district, and chapter 637 of Public Laws of 1910 as to Harrisville

fire district, and each as thereafter amended and supplemented from time to time.

 

866)

Section

Added By Chapter Numbers:

 

45-39.2-8.1

152 and 153

 

 

45-39.2-8.1. Limitation of powers.

     All services provided by the electric department of the electric and water district that

constitute public utility services within the meaning of § 39-1-2 or community antennae television

systems (CATV) services within the meaning of § 39-19-1 shall be subject to the applicable

jurisdictions of the public utilities commission and the division of public utilities and carriers.

 

867)

Section

Added By Chapter Numbers:

 

45-39.2-9

152 and 153

 

 

45-39.2-9. Separation of utility assets and fire protection assets.

     Upon January 1, 2025, ownership of the utility assets previously titled to, or otherwise

owned or controlled by, the Pascoag utility district and the Harrisville fire district shall be

transferred to the electric and water district, subject to any security interest of record relating to

such utility assets, which security interests, if any, shall remain in full force and effect and be

unimpaired by the transfer of ownership of the utility assets. All fire protection assets that are the

property of Harrisville fire district on January 1, 2025, shall remain the property of the Harrisville

fire district. To the extent that individual assets presently titled to the Harrisville fire district cannot

be classified as either utility assets or fire protection assets, the electric and water district and the

fire district shall negotiate in good faith to transfer title to such assets to one entity or the other,

with or without cost but in all cases preserving any applicable contract rights of third parties. The

electric and water district and the fire district may agree to joint ownership or control of assets that

cannot reasonably be classified as either utility assets or fire protection assets. Notwithstanding

anything in this chapter to the contrary, the electric and water district shall take ownership and

provide for the care and maintenance of fire hydrants located within the Harrisville fire district;

provided, the Harrisville fire district shall be granted full access to such hydrants in the performance

of its fire suppression duties, for which the electric and water district may charge a reasonable usage

fee.

 

 

 

 

 

868)

Section

Added By Chapter Numbers:

 

45-39.2-10

152 and 153

 

 

45-39.2-10. Succession of electric and water district to certain obligations of Pascoag

utility district and of Harrisville fire district.

     (a) On January 1, 2025, the electric and water district shall:

     (1) Succeed to and become subject to the utility bond obligations heretofore imposed by

any security interest or trust instrument upon the Harrisville fire district; and

     (2) Succeed to the precise position of Pascoag utility district, without any waiver or

augmentation of that position whatsoever, as to each wholesale power purchase or power sales

agreement, and each transmission service agreement or interconnection agreement heretofore

entered into by the utility district, that position to include such rights, claims, or defenses as Pascoag

utility district may have had prior to January 1, 2025, with respect to any obligation of any such

contract.

 

869)

Section

Added By Chapter Numbers:

 

45-39.2-11

152 and 153

 

 

45-39.2-11. Bonds.

     (a) The electric and water district shall have the power and is hereby authorized from time

to time to issue its negotiable bonds for any of its corporate or district purposes and to secure the

payment of the bonds in such manner and by such means as may be provided in the resolution or

resolutions of the electric and water district authorizing the bonds, subject to the regulatory

jurisdiction of the division of public utilities and carriers in the manner prescribed in § 39-3-15,

where applicable.

     (b) The electric and water district is specifically authorized to secure bonds that it may

issue from time to time by a pledge of, or creation of other security interest in, the revenues of the

electric and water district, which pledge or security interest may be enforceable by the grant of a

conditional franchise, in the event of default in the payment of the bonds, entitling the secured party

or trustee to enter upon and take control of the electric and water district’s facilities and service and

to provide utility service and receive the revenues from the electric and water district’s facilities

and service for such period, not exceeding forty (40) years, as may be necessary to recover all

payments due on the bonds.

     (c) The bonds of the electric and water district shall be authorized by resolution of the board

of utility commissioners. The bonds shall bear such date or dates, mature at such time or times not

exceeding forty (40) years from their issuance, bear interest at such rate or rates payable at such

time or times, be in such denominations and in such form, carry such registration privileges, be

executed in such manner, be payable in such medium of payment, at such place or places and such

time or times and be subject to redemption at such premium, if required, and on such terms, as the

resolution may provide. The bonds so authorized and issued pursuant to this chapter may be sold

at public or private sale for any price or prices that the electric and water district shall determine.

     (d) Pending the issuance of bonds in definitive form, the electric and water district may

issue bond anticipation notes or interim receipts in such form as the board of utility commissioners

may elect.

     (e) The electric and water district is hereby authorized to provide for the issuance of

refunding bonds of the electric and water district for the purpose of refunding any bonds then

outstanding which shall have been issued under the provisions of this chapter, including the

payment of any redemption premium on the bonds or interest accrued or to accrue to the earliest or

subsequent date of redemption, purchase, or maturity of the bonds and, if deemed advisable by the

electric and water district, for the additional purpose of paying all or a part of the cost of acquiring,

constructing, reconstructing, rehabilitating, or improving any property, facilities, or systems or

parts of property facilities or systems of the electric and water district. The proceeds of bond or

notes issued for the purpose of refunding outstanding bonds or notes may be applied, in the

discretion of the electric and water district, to the purchase, retirement at maturity, or redemption

of outstanding bonds or notes either on their earliest or a subsequent redemption date and may,

pending that application, be placed in escrow in the same manner and through the same means as

are generally available to and incumbent upon political subdivisions of the state.

     (f) It is hereby declared that the electric and water district and the carrying out of its

corporate, district, and political subdivision purposes is in all respects for the benefit of the people

of the state and for the improvement of their health, welfare, and prosperity, and the electric and

water district will be performing an essential governmental function in the exercise of the powers

conferred by this chapter. The state therefore covenants with the holders of the electric and water

district’s bonds that the electric and water district shall not be required to pay taxes or payments in

lieu of taxes to the state or any other political subdivision of the state upon any property of the

electric and water district or under its jurisdiction, control, or supervision, or upon any of the

electric and water district’s activities in the operation or maintenance of the property or upon any

earnings, revenues, monies, or other income derived by the electric and water district, and that the

bonds of the electric and water district and the income from the bonds shall at all times be exempt

from taxation by the state and its political subdivisions. Notwithstanding the foregoing, nothing in

this section shall be deemed to prohibit the division of public utilities and carriers, the public

utilities commission, and the department of attorney general from assessing the utility in

accordance with the provisions of §§ 39-1-23, 39-1-26, 39-19-9, and 39-19-14.

     (g) The state does hereby pledge to and agree with the holders of the bonds, notes, or other

evidence of an indebtedness of the electric and water district that the state will not limit or alter the

rights vested in the electric and water district until the bonds, notes, or other evidence of

indebtedness, together with the interest on the debt, are fully met and discharged.

     (h) Any resolution or resolutions authorizing any bond, or any issue of bonds, may contain

provisions which shall be a part of the contract with the bondholders of the bonds thereby

authorized, as to:

     (1) Pledging all or any part of the money, earnings, income, and revenues derived from all

or any part of the property of the electric and water district to secure the payment of any bonds or

of any issue of bonds subject to such agreements with bondholders as may then exist;

     (2) The rates to be fixed and the charges to be collected and the amounts to be raised in

each year and the use and disposition of the earnings and other revenue;

     (3) The setting aside of reserves and the creation of sinking funds and the regulation and

disposition thereof;

     (4) Limitations on the right of the electric and water district to restrict and regulate the use

of the properties in connection with which the bonds are issued;

     (5) Limitations on the purposes to which the proceeds of sale of any issue of bonds may be

put;

     (6) Limitations on the issuance of additional bonds, including refunding bonds and the

terms upon which additional bonds may be issued and secured;

     (7) The procedure, if any, by which the terms of any contract with bondholders may be

amended or abrogated, the percentage of bondholders whose consent shall be required for such

amendment or abrogation, and the manner in which consent may be given;

     (8) The creation of special funds into which any earnings or revenues of the electric and

water district may be deposited, and the investment of the funds;

     (9) The appointment of a fiscal agent and the determination of its powers and duties;

     (10) Limitations on the power of the electric and water district to sell or otherwise dispose

of its properties;

     (11) The preparation of annual budgets by the authority and the employment of consultants

and auditors;

     (12) The rights and remedies of bondholders in the event of failure on the part of the electric

and water district to perform any covenant or agreement relating to a bond indenture;

     (13) Covenanting that as long as any bonds are outstanding the electric and water district

shall use its best efforts to establish and maintain its rates and charges at levels adequate at all times

to pay and provide for all operating expenses of the electric and water district, all payments of

principal, redemption premium (if any), and interest on bonds, notes, or other evidences of

indebtedness incurred or assumed by the electric and water district, all renewals, repairs, and

replacements to the property and facilities of the electric and water district, and all other amounts

which the electric and water district may be required by law to pay; and

     (14) Any other matters of like or different character which in any way affect the security

or protection of the bonds.

     (i) The bonds of the electric and water district are hereby made securities in which all public

officers and bodies of this state and all municipalities and municipal subdivisions, all insurance

companies and associations and other persons carrying on an insurance business, all banks, bankers,

trust companies, savings banks, and savings associations (including savings and loan associations),

building and loan associations, investment companies and other persons carrying on a banking

business, all administrators, guardians, executors, trustees and other fiduciaries and all other

persons whomsoever, who are now or may thereafter be authorized to invest in bonds or other

obligation of the state may properly and legally invest funds including capital in their control or

belonging to them. The bonds are also hereby made securities which may be deposited with and

shall be received by all public officers and bodies of this state, and all municipalities and municipal

subdivisions, for any purpose for which the deposit of bonds or other obligations of this state is

now or may thereafter be required.

 

870)

Section

Added By Chapter Numbers:

 

45-39.2-12

152 and 153

 

 

45-39.2-12. Money of the electric and water district.

     (a) All money of the electric and water district, from whatever source derived, shall be paid

to the treasurer of the electric and water district. The money on receipt shall be deposited forthwith

in a separate bank account or accounts. The money in the accounts shall be paid out with a check

of the treasurer, on requisition by the electric and water district, or of any other person or persons

that the electric and water district may authorize to make the requisitions. All deposits of money

shall be secured by obligations of the United States or of the state, of a market value at all times

not less than the amount of deposits, and all banks and trust companies are authorized to give

security for the deposits. The electric and water district shall have the power, notwithstanding the

provisions of this section, to contract with the holders of any of its bonds as to the custody,

collection, security, investment, and payment of any money of the authority, or any money held in

trust or otherwise for the payment of bonds or in any way to secure the bonds, and to carry out any

contract notwithstanding that the contract may be inconsistent with the previous provisions of this

section. Money held in trust or otherwise for the payment of bonds or in any way to secure bonds

and deposits of money may be secured in the same manner as the money of the authority, and all

banks and trust companies are authorized to give security for the deposits.

     (b) Notwithstanding subsection (a) of this section, or any other provision of this chapter,

the board of utility commissioners shall have the power to authorize by resolution a loan or advance

from one utility fund of the electric and water district to another. Any such interfund advance or

loan shall be for a term specified in the authorizing resolution of the board of utility commissioners

and shall bear interest at a rate reasonably determined by the board of utility commissioners to be

consistent with the public interest implicated in all funds involved in the interfund loan or advance;

provided, however, that an interest rate set at the rate applicable to the electric and water district’s

most recent borrowing from a bank or other financial institution shall be presumptively reasonable

as the rate of interest for an interfund loan or advance.

 

 

 

 

871)

Section

Added By Chapter Numbers:

 

45-39.2-13

152 and 153

 

 

45-39.2-13. Alteration, amendment, repeal or severability.

     The right to alter, amend, or repeal this chapter is reserved to the state, but no such

alteration, amendment, or repeal shall operate to impair the obligation of any contract made by the

electric and water district under any power conferred by this chapter. If any section, clause,

provision, or term of this chapter shall be declared unconstitutional, void, ultra vires, or otherwise

ineffective in whole or in part, such determination of invalidity shall not otherwise affect the

validity or enforceability of any other provision of this chapter.

 

 

872)

Section

Added By Chapter Numbers:

 

45-39.2-14

152 and 153

 

 

45-39.2-14. Harrisville fire district.

     Nothing in this chapter shall be construed to effect affect in any way the continued

existence and operation of the Harrisville fire district’s fire prevention and suppression functions,

its emergency medical, rescue, and ambulance services, its charter and/or bylaws governing the fire

district.

 

 

873)

Section

Added By Chapter Numbers:

 

45-39.2-15

152 and 153

 

 

45-39.2-15. Tax exemption.

     It is hereby declared that the Clear River electric and water district, in the carrying out its

quasi-municipal purposes, is in all respects providing essential services to the people of the State

state of Rhode Island that improves their health, safety, and welfare. Accordingly, the electric and

water district shall not be required to pay taxes, assessments, or sums in lieu of taxes to the State

state of Rhode Island or any political subdivision thereof upon any of the property now owned or

acquired in the future by the electric and water district, or under its jurisdiction and/or control,

possession, or supervision or upon its activities or operations, or upon any earnings, revenues,

monies, or other income derived by the electric and water district. The bonds issued by the electric

and water district and any income therefrom shall at all times be exempt from taxation; provided,

however, nothing in this section shall have any effect upon the water resources board, or the

division of public utilities and carriers, and/or the public utilities commission’s authority to impose

regulation-related assessments and charges on the Clear River electric and water district.

 

 

874)

Section

Amended By Chapter Numbers:

 

45-40.1-4

176 and 177

 

 

45-40.1-4. Interlocal agreements.

     (a) Any power or powers, privileges, or authority, exercised or capable of exercise by a

public agency of this state, may be exercised and enjoyed jointly with any other public agency of

any other state or of the United States, and to the extent that laws of the other state or of the United

States permit the joint exercise or enjoyment. Any agency of the state government, when acting

jointly with any public agency, may exercise and enjoy all of the powers, privileges, and authority

conferred by this chapter upon a public agency.

     (b)(1) Any two (2) or more public agencies may enter into agreements with one another

for joint or cooperative action pursuant to the provisions of this chapter.

     (2) Appropriate action by ordinance, resolution, or otherwise, pursuant to law of the

governing bodies of the participating public agencies, is necessary before any agreement may enter

into force.

     (c) Any agreement shall specify the following:

     (1) Its duration.;

     (2) The precise organization, composition, and nature of any separate legal or

administrative entity created by it, together with the powers delegated to it, provided the entity may

be legally created.;

     (3) Its purpose or purposes.;

     (4) The manner of financing the joint or cooperative undertaking, and of establishing and

maintaining a budget for it.;

     (5) The permissible method or methods to be employed in accomplishing the partial or

complete termination of the agreement and for disposing of property upon partial or complete

termination.; and

     (6) Any other necessary and proper matters.

     (d) In the event that the agreement does not establish a separate legal entity to conduct the

joint or cooperative undertaking, the agreement shall, pursuant to the requirements of subsections

(c) (1)- (c) (6), contain provisions for:

     (1) An administrator or a joint board responsible for administering the joint or cooperative

undertaking. In the case of a joint board, all public agencies party to the agreement shall be

represented.; and

     (2) The manner of acquiring, holding, and disposing of real and personal property used in

the joint or cooperative undertaking.

     (e) No agreement made pursuant to this chapter relieves any public agency of any

obligation or responsibility imposed upon it by law, except that with respect to the actual and timely

performance of it by a joint board or other legal or administrative entity created by an agreement

made under this chapter, the performance may be offered in satisfaction of the obligation or

responsibility.

     (f) Every agreement made under this chapter shall, prior to and as a condition precedent to

its entry into force, be submitted to the attorney general who shall determine whether the agreement

is in proper form and in compliance with the laws of this state. The attorney general shall approve

any agreement submitted to him or her unless he or she finds that it does not meet the conditions

established by this chapter, and shall state, in writing, addressed to the governing bodies of the

public agencies concerned, the specific respects in which the proposed agreement fails to meet the

requirements of law. Failure of the attorney general to disapprove an agreement submitted under

this chapter within fifteen (15) days of its submission constitutes approval of the agreement.

 

875)

Section

Amended By Chapter Numbers:

 

45-40.1-6

176 and 177

 

 

45-40.1-6. Additional approval in certain cases.

     In the event that an agreement made pursuant to this chapter deals in whole or in part with

the provision of services or facilities with regard to which an officer or agency of the state

government has constitutional or statutory powers of control, the agreement shall, as a condition

precedent to its entry into force, be submitted to the state officer or agency having power of control,

and shall be approved or disapproved by him, her or it, as to all matters within his, her or its

jurisdiction, in the same manner and subject to the same requirements governing the action of the

attorney general pursuant to § 45-40.1-4. The requirement of submission and approval is in addition

to, not in substitution for, the requirement of submission to and approval by the attorney general

with a determination of whether the agreement is in proper form and in compliance with the

lawlaws of the state.

 

876)

Section

Amended By Chapter Numbers:

 

45-53-3

302 and 303, 306 and 307

 

 

45-53-3. Definitions. [Effective January 1, 2024.]

     The following words, wherever used in this chapter, unless a different meaning clearly

appears from the context, have the following meanings:

     (1) “Adjustment(s)” means a request or requests by the applicant to seek relief from the

literal use and dimensional requirements of the municipal zoning ordinance and/or the design

standards or requirements of the municipal land development and subdivision regulations. The

standard for the local review board’s consideration of adjustments is set forth in § 45-53-

4(d)(2)(iii)(E)(II).

     (2) “Affordable housing plan” means a component of a housing element, as defined in §

45-22.2-4(1), that addresses 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(e)(1)

and (f).

     (3) “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.

     (4) “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.

     (5) “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 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 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 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 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 subsection (5)(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.

     (6) “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 financially or logistically impracticable

for any applicant to proceed in building or operating low- or moderate-income housing within the

limitations set by the subsidizing agency of government or local review board, 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 applicant.

     (7) “Letter of eligibility” means a letter issued by the Rhode Island housing and mortgage

finance corporation in accordance with § 42-55-5.3(a).

     (8) “Local review board” means the planning board as defined by § 45-22.2-4.

     (9) “Low- or moderate-income housing” shall be synonymous with “affordable housing”

as defined in § 42-128-8.1, and further means any type of 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 affordable housing 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.

     (i) Any housing unit which that qualifies under this subsection (9) and under § 42-128-8.1

shall be counted as one whole unit toward the municipality's requirement for low- or moderate-

income housing.

     (ii) Any mobile or manufactured home(s) which that meet the requirements of § 42-128-

8.1(d)(1)(ii) but are not subsidized by a federal, state, or municipal government subsidy and/or do

not have a deed restriction or land lease as described in this subsection (9), shall count as one-half

(1/2) of one unit for the purpose of the calculation of the total of low- or moderate-income year-

round housing within a city or town, as long as a municipality contracts with a monitoring agent to

verify that the requirements of § 42-128-8.1(d)(1)(ii) are met for these units. Such units shall not

be required to meet the income verification requirements of § 42-128-8.1. The monitoring agent

shall provide a listing of the eligible units to Rhode Island housing, who shall provide a report as

to the qualifying mobile or manufactured homes under this subsection (9) to the governor, speaker

of the house of representatives, senate president, and secretary of housing on an annual basis,

beginning on or before December 31, 2025.

     (10) “Meeting local housing needs” means as a result of the adoption of the implementation

program of an approved affordable housing plan, 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, and a showing that at least twenty percent

(20%) of the total residential units approved by a local review board or any other municipal board

in a calendar year are for low- and moderate-income housing as defined in § 42-128-8.1.

     (11) “Monitoring agents” means those monitoring agents appointed by the Rhode Island

housing resources commission pursuant to § 45-53-3.2 and to provide the monitoring and oversight

set forth in this chapter, including, but not limited to, §§ 45-53-3.2 and 45-53-4.

     (12) “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 shall include a combination of, 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, zoning incentives, and adjustments as defined in this section and any

combination of forms of assistance.

 

Pl. 306 and Pl. 307

    (i) Low- or moderate-income housing also includes rental property located within a

municipality that is secured with a federal government rental assistance voucher.

     (ii) For the period beginning on or after July 1, 2024, any housing unit which that qualifies

as low- or moderate-income housing under this subsection and under § 42-128-8.1 and any rental

property secured with a federal government rental assistance voucher that does not otherwise meet

the other requirements to qualify as low- or moderate-income housing under this section shall be

counted as one whole unit toward the municipality's requirement for low- or moderate-income

housing, as long as a municipality confirms with the issuing authority that the voucher is in good

standing and active.

 

877)

Section

Added By Chapter Numbers:

 

45-53-16

219 and 220

 

 

45-53-16. Electronic Permitting.

     (a) On or before October 1, 2025, every municipality in the state, shall adopt and implement

electronic permitting for all development applications under this chapter. For purposes of this

section, “electronic permitting” means use of computer-based tools and services that automate and

streamline the application process to include, but not be limited to, task-specific tools for:

applications; submission of plans; completed checklists and checklist documents; reports; plan

review; permitting; scheduling; project tracking; staff and technical review committee comments;

fee calculation and collection.

     (b) The state building commissioner, with the assistance of the office of regulatory reform

and the division of statewide planning, pursuant to the provisions of § 23-27.3-108.2 may

promulgate rules and regulations to implement the provisions of this section.

     (c) The local towns and cities shall charge each applicant an additional one-tenth of one

percent (.001%) of the total application fee for each application submitted. This additional amount

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 one web-accessible

service and/or system to be utilized by the state and municipalities for the uniform, statewide

electronic submission, review and processing of development applications as set forth in this

section.

     (d) On or before October 1, 2025, notwithstanding any other provision of this chapter to

the contrary, all acts, requirements, filings, and documents necessary to comply with the application

process shall be conducted by means of electronic permitting.

     (e) The department of business regulation shall reimburse annual fees and costs associated

with compliance with this program in accordance with procedures established by the department.

 

878)

Section

Amended By Chapter Numbers:

 

45-65-6

257 and 258

 

 

45-65-6. Certification and notice requirements.

     (1a) Every municipality that maintains a locally administered plan shall submit its initial

annual actuarial valuation study to the study commission created herein under § 45-6465-8 on or

before April 1, 2012, and for each plan year ending on or after December 31, 2012, within six (6)

months of completing such plan year. The initial actuarial experience study shall be submitted to

the study commission on or before April 1, 2012, and subsequent actuarial experience studies must

be submitted to the study commission advisory council no less frequently than once every three (3)

years, with the first actuarial experience study to be submitted no later than January 1, 2025.

     (2b) In any case in which an actuary certifies that a locally administered plan is in critical

status for a plan year, the municipality administering such a plan shall, not later than thirty (30)

business days following the certification, provide notification of the critical status to the

participants and beneficiaries of the plan and to the general assembly, the governor, the general

treasurer, the director of revenue, and the auditor general. The notification shall also be posted

electronically on the general treasurer’s website. Within one hundred eighty (180) days of sending

the critical status notice, the municipality shall submit to the study commission a reasonable

alternative funding improvement plan to emerge from critical status.

     (3c) The state shall reimburse every municipality for fifty percent (50%) of the cost of

undertaking its annual actuarial valuation study, which is due on April 1, 2012.

     (4d) Notwithstanding any other law to the contrary, the funding improvement plans and

actuarial valuation studies submitted pursuant to this section shall be public records.

 

879)

Section

Amended By Chapter Numbers:

 

46-12.2-4.3

314 and 315

 

 

46-12.2-4.3. Establishment of the clean energy fund.

     (a)(1) There is hereby authorized and created within the Rhode Island infrastructure bank

a clean energy fund for the purpose of providing technical, administrative, and financial assistance

to a local governmental unit, corporation, or person, and for projects whichthat receive technical,

administrative, and financial assistance from the renewable ready program established pursuant to

chapter 140.5 of title 42, shall include the state and its agencies, for projects that include, but are

not limited to, those related to greenhouse gas reduction or elimination, zero-emission technology,

clean transportation, clean heating, energy storage, energy efficiency, renewable energy, and

demand-side management. The Rhode Island infrastructure bank shall review and approve all

applications for projects to be financed through the clean energy fund.

     (2) The Rhode Island infrastructure bank shall promulgate rules and regulations to

effectuate the provisions of this section, which may include, without limitation, forms for financial

assistance applications, loan agreements, and other instruments and establishing the process

through which a local governmental unit, corporation, or person, and for projects whichthat receive

technical, administrative, and financial assistance from the renewable ready program established

pursuant to chapter 140.5 of title 42, shall include the state and its agencies, may submit an

application for financial assistance from the clean energy fund. All rules and regulations

promulgated pursuant to this chapter shall be promulgated in accordance with the provisions of

chapter 35 of title 42.

     (3) The Rhode Island infrastructure bank shall include in its annual report pursuant to § 46-

12.2-24.1 a description of the utilization of funds from the clean energy fund.

     (b) The Rhode Island infrastructure bank shall have all the powers necessary and

convenient to carry out and effectuate the purposes and provisions of this section including, without

limiting the generality of the preceding statement, the authority:

     (1) To receive and disburse funds as may be available for the purpose of the fund subject

to the provisions of this section;

     (2) To make and enter into binding commitments to provide financial assistance to eligible

borrowers from amounts on deposit in the fund;

     (3) To levy administrative fees on eligible borrowers as necessary to effectuate the

provisions of this section, provided the fees have been previously authorized by an agreement

between the Rhode Island infrastructure bank and the eligible borrower;

     (4) To engage the services of third-party vendors to provide professional services;

     (5) To establish one or more accounts within the fund; and

     (6) Such other authority as granted to the Rhode Island infrastructure bank under this

chapter.

     (c) Subject to the provisions of this section and to any agreements with the holders of any

bonds of the Rhode Island infrastructure bank or any trustee therefor, amounts held by the Rhode

Island infrastructure bank for the account of the fund shall be applied by the Rhode Island

infrastructure bank, either by direct expenditure, disbursement, or transfer to one or more other

funds and accounts held by the Rhode Island infrastructure bank or maintained under any trust

agreement pertaining to bonds, either alone or with other funds of the Rhode Island infrastructure

bank, to the following purposes:

     (1) To provide financial assistance to local governmental units, corporations, or persons

and for projects whichthat receive technical, administrative, and financial assistance from the

renewable ready program established pursuant to chapter 140.5 of title 42, shall include the state

and its agencies, to finance costs of approved projects, as set forth in subsection (a) of this section,

and to refinance the costs of the projects, subject to terms and conditions, if any, as are determined

by the Rhode Island infrastructure bank;

     (2) To fund reserves for bonds of the Rhode Island infrastructure bank and to purchase

insurance and pay the premiums therefor, and pay fees and expenses of letters or lines of credit and

costs of reimbursement to the issuers thereof for any payments made thereon or on any insurance,

and to otherwise provide security for, and a source of payment for, obligations of the Rhode Island

infrastructure bank, by pledge, lien, assignment, or otherwise as provided in this chapter;

     (3) To pay expenses of the Rhode Island infrastructure bank in administering the clean

energy fund;

     (4) To provide a reserve for, or to otherwise secure, amounts payable by borrowers on loans

and obligations outstanding in the event of default thereof; amounts in any account in the fund may

be applied to defaults on loans outstanding to the borrower for which the account was established

and, on a parity basis with all other accounts, to defaults on any loans or obligations outstanding;

and

     (5) To provide a reserve for, or to otherwise secure, by pledge, lien, assignment, or

otherwise as provided in this chapter, any bonds of the Rhode Island infrastructure bank.

     (d) In addition to other remedies of the Rhode Island infrastructure bank under any loan

agreement or otherwise provided by law, the Rhode Island infrastructure bank may also recover

from a borrower, in an action in superior court, any amount due the Rhode Island infrastructure

bank together with any other actual damages the Rhode Island infrastructure bank shall have

sustained from the failure or refusal of the borrower to make the payments or abide by the terms of

the loan agreement.

     (e) The Rhode Island infrastructure bank may create one or more loan loss reserve funds

to serve as further security for any loans made by the Rhode Island infrastructure bank or any bonds

of the Rhode Island infrastructure bank issued to fund projects in accordance with this section.

     (f) To the extent possible, and in accordance with law, the Rhode Island infrastructure bank

shall encourage the use of project labor agreements for projects by local governmental units over

ten million dollars ($10,000,000) and local hiring on projects funded under this section.

 

880)

Section

Added By Chapter Numbers:

 

46-23.4

376 and 377

 

 

CHAPTER 23.4

ACT ON COASTS -- COASTAL RESILIENCY

 

881)

Section

Added By Chapter Numbers:

 

46-23.4-1

376 and 377

 

 

46-23.4-1. Short title.

     This chapter shall be known and may be cited as the "Act on Coasts -- Coastal Resiliency".

 

 

 

 

 

882)

Section

Added By Chapter Numbers:

 

46-23.4-2

376 and 377

 

 

46-23.4-2. Rhode Island chief resilience officer (CRO).

     The chief resilience officer (CRO) shall:

     (1) Conduct a comprehensive assessment of the climate risks related to sea level rise for

coastal and riverine communities. The CRO will conduct an assessment of risk to Providence, Kent,

Washington, Bristol, and Newport counties for the purposes of the development of a statewide

coastal resilience strategy, building upon and supporting the work of the Rhode Island shoreline

change special area management plan, hazard mitigation plan, and the municipal resilience

planning program;

     (2) Develop a coastal resilience plan and draft state policies on resilience and implement

such policies in conjunction with the Rhode Island executive climate change coordinating council

(the “RIEC4”) to improve coordination among state agencies and local jurisdictions to support

community and economic recovery efforts and to address risk and vulnerability reduction from sea

rise, riverine flooding, and urban heat. The CRO shall provide the statewide coastal resilience plan

to the governor, the RIEC4, and the general assembly no later than October 1, 2025, to be included

in the state climate plan as outlined in chapter 6.2 of title 42 ("2021 act on climate") which statewide

plan is due December 31, 2025;

     (3) Coordinate resilience efforts across state agencies, municipalities, businesses, and other

organizations and to advise the RIEC4, established pursuant to § 42-6.2-1, on the status and

effectiveness of those efforts;

     (4) Draft state policies on resilience and implement such policies under the direction of the

RIEC4;

     (5) Serve as the primary voice and advocate for state actions on resilience;

     (6) Build upon the planning assistance provided to municipalities by municipal resilience

program (“MRP”) workshops, in coordination with partner agencies;

     (7) Work closely with the Rhode Island infrastructure bank (“RIIB”) on the MRP action

grants and the planning and financing of other resilience projects;

     (8) Work with RIIB and the coastal resource management council on the implementation

of the ocean state climate adaptation and resilience fund (“OSCAR”) grant program;

     (9) Plan and implement projects to protect and restore the habitat and recreational resources

owned or under the stewardship of the department of environmental management;

     (10) Aggressively track and apply for federal grants to fund resilience efforts across Rhode

Island;

     (11) Coordinate resilience efforts with decarbonization programs, activities, and policies

taken in accordance with the chapter 6.2 of title 42 ("2021 act on climate");

     (12) Provide technical assistance to municipalities and the state for the implementation of

resilience planning, including resilience frameworks, vulnerability profiles, risk-reduction plans,

and economic development strategies; and

     (13) Provide biennial reports to the RIEC4, the governor, the speaker of the house of

representatives, and the president of the senate on the state of resilience in Rhode Island, with the

first report to be submitted by December 31, 2025.

 

883)

Section

Added By Chapter Numbers:

 

46-23.4-3

376 and 377

 

 

46-23.4-3. Statewide coastal resilience plan.

     (a) The Rhode Island statewide climate change resilience strategy shall include a coastal

resilience plan that recommends a specific long-term and short-term strategy for climate change

resilience and adaptation in the coastal areas of the state including, but not limited to, tidal and non-

tidal waters, waterfronts, and inland areas along the coast.

     (b) The statewide coastal resilience plan shall include at a minimum:

     (1) All necessary information and assessments required by the Federal Emergency

Management Agency (FEMA) advanced mitigation plans that will allow Rhode Island to apply for

federal funding for coastal resilience preparedness;

     (2) An assessment of the vulnerabilities of communities located within the coastal areas to

climate change effects such as rising sea levels, increased flooding, and tidal and storm surge

flooding anticipated by the year 2050, including physical, economic, and social vulnerabilities

including, but not limited to:

     (i) Power infrastructure;

     (ii) Water and sewage infrastructure including water and sewage treatment facilities and

private wells and septic systems;

     (iii) Stormwater drainage;

     (iv) Existing hard infrastructure such as seawalls, tidal gates, dams, roads, and bridges; and

     (v) Emergency and shelter facilities;

     (3) Comprehensive and detailed information of the investments that the state, along with

the federal government, local governments, and other organizations, have made or committed to

make in building the resilience of coastal communities, planning guidance and assistance, and other

resilience and adaptation measures;

     (4) RecommendA recommendation of methodologies for decision-making for further

investment of state or federal funds in constructing additional hard or nature-based resilience

structures to prevent or mitigate impacts of climate change, or in adopting other resilience or

adaptation strategies;

     (5) A detailed analysis that includes assessment of highest, immediate, and long-term risks

to the coastal regions; and

     (6) A comprehensive list of any recommendations for actions to be taken by the state to

prepare coastal communities to plan, mitigate, and adapt to the anticipated impacts of climate

change including, but not limited to, stormwater drainage, hard infrastructure, nature-based

solutions, relocation, and retreat strategies and for financing strategies to fund the recommended

resilience and adaptation measures.

     (c) The statewide coastal resilience plan shall be updated as necessary and shall be

reviewed at least every two (2) years, beginning October 1, 2027, by the CRO.

 

884)

Section

Amended By Chapter Numbers:

 

46-32-7

46 and 47

 

 

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 maximum

number of PFAS detectable from standard laboratory methods. 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 2025, all public water systems in the state as defined in § 46-

13-2, except transient, non-community water systems as defined by the department of health in 216

R.I.C.R.-50-5-1 216 RICR 50-05-1 as may be amended, shall conduct monitoring of raw, untreated

drinking water for the maximum number of PFAS detectable from standard laboratory methods.

 

 

 

885)

Section

Added By Chapter Numbers:

 

46-33

378 and 379

 

 

CHAPTER 33

FRESHWATER LAKE MANAGEMENT PROGRAM

 

886)

Section

Added By Chapter Numbers:

 

46-33-1

378 and 379

 

 

46-33-1. Definitions.

     As used in this chapter, unless the context indicates otherwise:

     (1) "Aquatic invasive species" means those invasive or non-native species that inhabit

water resources including lakes, ponds, rivers, and streams.

     (2) "Coordination" means to harmonize in a common action or effort and/or to function in

a complementary manner.

     (3) "Department" means the Rhode Island department of environmental management.

     (4) "Invasive species" means an alien species whose introduction does or is likely to cause

economic or environmental harm, or harm to human health.

     (5) "Lake" or "pond" means a place, natural or manmade, located wholly or partly within

the State state of Rhode Island, where open standing or slowly moving water shall be present for

at least six (6) months of the year.

     (6) "Lake association" means an association, club, or other organization, formed and

registered in Rhode Island, which that has responsibility for stewardship and management of a

freshwater lake or pond.

     (7) "Non-native species" means a species of plant, animal, or microbe that is:

     (i) Introduced to a country or region where it is not native;

     (ii) Is reproducing and spreading without human cultivation; and

     (iii) Is causing harm to native species or the areas in which they live.

     (8) "Rhode Island lake management fund" means the fund established by § 46-33-3.

 

887)

Section

Added By Chapter Numbers:

 

46-33-2

378 and 379

 

 

46-33-2 Rhode Island lake management program – Established.

     (a) The department shall develop and implement a lake management program. The program

shall include the following elements:

     (1) Field surveys and mapping to document the presence of aquatic invasive species in

freshwaters;

     (2) Development and provision of guidance and technical assistance to lake associations,

watershed organizations, and municipalities interested in undertaking lake management actions;

     (3) Coordination of the implementation of lake management actions, where appropriate;

     (4) Oversight of lake management policy and program development;

     (5) Distribution of financial assistance for lake management, including control of aquatic

invasive plants, as resources allow; and

     (6) Other activities consistent with the powers and duties assigned to the department in §

42-17.1-2(34).

     (b) Upon receipt of funding, the department shall establish procedures and rules for the

distribution of lake management grants consistent with the following provisions:

     (1) Entities eligible to apply for assistance shall include lake associations, watershed

associations, municipal governments, and other nonprofit, non-governmental environmental and

conservation organizations.

     (2) Projects involving lakes and ponds located wholly within a privately owned property

and that lack public access to the waterbody are not eligible for assistance.

     (3) Projects involving lakes and ponds that lack public access, excepting those excluded in

subsection (b)(2) of this section, may be eligible to apply for financial assistance provided the

department determines that active management is necessary to protect publicly accessible

freshwater resources.

     (4) Projects shall be solicited through a publicly advertised process.

     (5) Projects shall require a matching contribution of funds.

     (6) Eligible projects are determined by the department to be technically sound and

appropriate to mitigate an existing aquatic invasive species management, water quality, or aquatic

habitat concern.

     (7) Funding is used to design and implement specific lake management actions.

 


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