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1) |
Section |
Amending
Chapter Numbers: |
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3-6-1.1 |
60 and 64 |
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3-6-1.1.
Farmer-winery licenses -- Fee. -- (a)
For the purpose of encouraging the development of domestic vineyards, the
department shall issue a farmer-winery license to any applicant of the state
and to applying partnerships and to applying corporations organized under the
laws of any other state of the United States and admitted to do business in
this state.
(b) A winegrower may operate a farmer's winery under any conditions the
department may prescribe by regulation.
(c) A winegrower may import fruit, flowers, herbs, and vegetables to produce
not more than seven thousand five hundred (7500) gallons of wine during his
or her first year of operation, not more than five thousand (5000) gallons
during his or her second year of operation, not more than two thousand five
hundred (2500) gallons during his or her third year of operation and not more
than one thousand (1000) gallons per year thereafter.
(d) If a winegrower suffers crop failure in his or her vineyard in a
particular year to the extent that the fruit yield from his or her vineyard
that year is at least twenty-five percent (25%) below the average yield for
the previous two (2) years, the winegrower may import fruit into the state
during that year in an amount equal to the difference between the current
year's yield and the average for the previous two (2) years. A winegrower
shall not import unfermented juice, wine or alcohol into the state.
(e) A winegrower may sell wine or winery products under his or her label and
fermented by him or her or another winegrower licensed by the state. He or
she may sell wine or winery products:
(1) At wholesale to any person holding a valid license to manufacture
alcoholic beverages;
(2) At wholesale to any person holding a valid wholesaler's and importer's
license under sections 3-6-9 -- 3-6-11;
(3) At wholesale to any person holding a valid farmer-winery license under
this section;
(4) At retail by the bottle to consumers for consumption off the winery
premises; provided, however a winegrower shall not sell wine at retail for
delivery off the site of the winery premises in
(5) At wholesale to any person in any state or territory in which the
importation and sale of wine is not prohibited by law;
(6) At wholesale to any person in any foreign country;
(7) At wholesale to liquor dealers holding a valid license under the
provisions of title 3;
(8) At wholesale to restaurants holding a valid license under the provisions
of title 3 (9)
At retail by the bottle or by the glass for consumption on the winery
premises.
(f) A winegrower may not sell at retail to consumers any wine or winery
product not fermented in the state and sold under the brand name of the
winery.
(g) A winegrower may serve complimentary samples of wine produced by the
winery where the wine is fermented in the state and sold under the winery
brand name.
(h) All wines sold by a licensee shall be sold under any conditions and with
any labels or other marks to identify the producer as the department may
prescribe.
(i) Every applicant for a farmer-winery license shall, at the time of filing
an application, pay a license fee based on a reasonable estimate of the
amount of wine to be produced during the year covered by the license. Persons
holding farmer-winery licenses shall report annually at the end of the year covered by the license the amount of wine produced
during that year. If the total amount of wine produced during the year is
less than the amount permitted by the fee already paid, the state shall
reimburse the licensee for whatever fee was paid in excess. If the total
amount of wine produced during the year exceeds the amount permitted by the
fee already paid, the licensee shall pay whatever additional fee is owing. |
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2) |
Section |
Amending Chapter Numbers: |
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3-7-6.1 |
379, 385, 386 and
392 |
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3-7-6.1.
Renewal of Class B, Class C, Class D, Class J, Class N and
Class P licenses. — (a) The holder of a Class B, Class C, Class D,
Class J, Class N or Class P license who applies before October 1,
in any licensing period, for a license of the same class for the next
succeeding licensing period shall, prior to filing said application, demonstrate
that he or she has complied with the Alcohol Server
Training Regulations, as promulgated by the department of business
regulation, as set forth in subsection (b) of this section. (b) The
department of business regulation shall promulgate rules and
regulations requiring that all licenses issued pursuant to this section
meet the following minimum Alcohol Server Training requirements: (1) All
persons who sell or serve alcoholic beverages, anyone serving
in a supervisory capacity over those who sell or serve alcoholic
beverages, anyone whose job description entails the checking of
identification for the purchase of alcoholic beverages and valet parking
staff shall receive Alcohol Server Training as set forth herein. (2) Any
eligible employee of a licensee shall be required to complete certified
training within sixty (60) days of the commencement of his or
her employment and must attain a minimum score of seventy- five
percent (75%). Individuals certified by an alcohol server training program
prior to December 31, 2005 are exempt from the certification requirements
herein, not to exceed three (3) years. (3)
Licensees shall require servers to be recertified every three (3) years. (4) As a
condition of license renewal, and as part of the license renewal
application, each licensee must submit to their municipality information
verifying that all persons listed under subsection (b)(1) above
and employed by the licensee for more than sixty (60) days in the past
year have completed a certified program within the last three
(3) years. (5) All
persons identified under subsection (b) above must have their
valid server permits on the premises when engaged in the sale or
service of alcoholic beverages. (6)
Individuals who have been issued a server permit in another jurisdiction
by an approved program
shall be determined to be in compliance with this section subject
to the three (3) year limitation contained herein. (c) Only
alcohol server training programs that meet the following criteria
as determined by the department of mental health, retardation and
hospitals may be eligible for certification: (1)
Training is provided in all basic information relevant to servers, including,
but not limited to: (i) The
physiological effects of alcohol; (ii)
Alcohol’s association with social problems; (iii)
Coverage of legal requirements related to alcohol service; (iv) How
to identify patrons who are impaired; and (v)
Techniques in refusing service to intoxicated patrons. (2)
Training is provided in more than one medium including, but not
limited to, video, training manual, and/or role playing related to refusal
of service to intoxicated drinkers. (3)
Training in preventing sales to underage drinkers, including training
in detection of fraudulent identification; (4)
Training shall entail no less than two (2) hours, and no greater than
four (4) hours in duration, with no absentee certification. (d)
Notwithstanding the criteria established under subsection 3-7-6.1(c),
an Internet or computer-based alcohol server training program
shall be eligible for certification if the following criteria are met: (1)
Training in all basic information, as outlined in subdivision 3-7-6.1(c)(1),
is included in the program; (2)
Training in preventing sales to underage drinkers, including training
in detection of fraudulent identification is included in the program;
and (3)
Training program is designed to periodically verify that a trainee has reviewed
and obtained a working knowledge of information presented through
the Internet or computer training program. (e)(1)
Testing procedures, test content, and grading procedures shall be
approved by the department of mental health, retardation and
hospitals to insure testing integrity and consistency with program requirements
contained in subsection (c) herein. The department of
mental health, retardation and hospitals is authorized to audit,
in a method it shall determine, any approved server training program. (2) Training programs, pursuant to rules and
regulations promulgated by the
department of mental health, retardation and hospitals, shall be
recertified every three (3) years. (3) Server
permits shall be issued by the server training programs in a
form approved by the department of mental health, retardation and
hospitals. Said permits shall include, at a minimum, the name of the
server, the date of issuance, and the name of the server training program. (f) The
department of business regulation shall promulgate and enforce
rules and regulations for non-compliance as follows: (1)
Graduated penalties for licensees for violations within a three (3) year
period beginning with an initial written warning for violations within a
three (3) year period for a first violation, a written warning
for a second (2nd) violation, a fine not to exceed two hundred fifty
dollars ($250) for a third (3rd) violation or noncompliance, and a license
suspension for subsequent violations. (2) For
violations within a three (3) year period, graduated penalties for
training programs beginning with an initial written warning, a
written warning for a second (2nd) violation, and a suspension and/or
decertification for a third (3rd) violation or for repeated noncompliance.
The department of mental health, retardation and hospitals
may forward complaints of violations to the department of business
regulation. (3) For
violations within a three (3) year period, graduated penalties for
servers beginning with an initial written warning, a written warning
for a second (2nd) violation, and a loss of server training certification
for a third (3rd) violation or noncompliance. (4)
Failure to have a valid server permit on their person shall not constitute
a violation, provided, proof of a valid permit is provided within
ten (10) days thereof. (g) In
order to provide for uniformity, any enactment by any government
body relating to alcohol server training programs pertaining to Class
B, Class C, Class D, Class J, Class N and P licenses, as
provided for herein shall be by statute as enacted by the general assembly. (h) The
respective departments shall promulgate said regulations no later
than October 1, 2005. The department of mental health, retardation
and hospitals shall review and certify eligible alcohol server
training programs no later than January 1, 2006. The department of
mental health, retardation and hospitals shall notify applicants of any
deficiencies not later than December 1, 2005. All licensees
shall be in compliance with said regulations within ninety (90)
days of January 1, 2006, or be subject to the penalties set forth herein. |
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3) |
Section |
Amending
Chapter Numbers
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3-7-7 |
17, 82, 269 and
318 |
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3-7-7. Class B license. -- (a) (1) A retailer's
Class B license is issued only to a licensed bona fide tavern keeper or
victualer whose tavern or victualing house may be open for business and
regularly patronized at least from nine o'clock (9:00) a.m. to seven o'clock
(7:00) p.m. provided no beverage is sold or served after one o'clock (1:00)
a.m., nor before six o'clock (6:00) a.m. Local licensing boards may fix an
earlier closing time within their jurisdiction, at their discretion. The East
Greenwich town council may, in its discretion, issue full and limited Class B
licenses which may not be transferred, but which shall revert to the town of (2) The license
authorizes the holder to keep for sale and sell beverages including beer in
cans, at retail at the place described and to deliver them for consumption on
the premises or place where sold, but only at tables or a lunch bar where
food is served. It also authorizes the charging of a cover, minimum, or door
charge. The amount of the cover, or minimum, or door charge is posted at the
entrance of the establishments in a prominent place. (3) Holders of
licenses are not permitted to hold dances within the licensed premises,
unless proper permits have been properly obtained from the local licensing
authorities. (4) Any holder
of a Class B license may, upon the approval of the local licensing board and
for the additional payment of two hundred dollars ($200) to five hundred
dollars ($500), open for business at twelve o'clock (12:00) p.m. and on
Fridays and Saturdays and the night before legal state holidays may close at
two o'clock (2:00) a.m. All requests for a two o'clock (2:00) a.m. license
shall be advertised by the local licensing board in a newspaper having a
circulation in the county where the establishment applying for the license is
located. (5) A holder of
a retailer's Class B license is allowed to erect signs advertising his or her
business and products sold on the premises, including neon signs, and is
allowed to light those signs during all lawful business hours,
including Sundays and holidays. (b) The annual
license fee for a tavern keeper shall be four hundred dollars ($400) to two
thousand dollars ($2,000), and for a victualer the license fee shall be four
hundred dollars ($400) to two thousand dollars ($2,000). In towns with a
population of less than two thousand five hundred (2,500) inhabitants, as determined by the last
census taken under the authority of the United States or the state, the fee
for each retailer's Class B license shall be determined by the town council,
but shall in no case be less than three hundred dollars ($300) annually. If
the applicant requests it in his or her application, any retailer's Class B
license may be issued limiting the sale of beverages on the licensed premises
to malt and vinous beverages containing not more than twenty percent (20%)
alcohol by volume, and the fee for that limited Class B license shall be two
hundred dollars ($200) to one thousand five hundred dollars ($1,500)
annually. The fee for any Class B license shall in each case be prorated to
the year ending December 1 in every calendar year. |
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4) |
Section
|
Adding Chapter Numbers |
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3-7-16.7 |
138 and 193 |
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3-7-16.7. |
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5) |
Section |
Amending Chapter Numbers: |
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3-7-19 |
109, 209, 259, 273
and 367 |
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3-7-19.
Objection by adjoining property owners -- Proximity to schools and churches.
-- (a) Retailers' Class B, C and I
licenses under this chapter shall not be issued to authorize the sale of
beverages in any building where the owner of the greater part of the land
within two hundred feet (200') of any point of the building files with the
body or official having jurisdiction to grant licenses his or her objection
to the granting of the license, nor in any building within two hundred feet
(200') of the premises of any public, private, or parochial school or a place
of public worship. In the city of
(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 described
area in the city of
Beginning at a point, that point being the intersection of the southerly line
of
Thence running in a general southwesterly direction along the easterly taking
line of Interstate Route 95 to the center line of
Thence turning and running northwesterly in part along the southerly line of
Thence turning and running westerly along the southerly line of
Thence turning and running easterly along the southerly line of
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
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
Thence turning and running northerly along the westerly shore line of the
Thence running northwesterly across
Thence running northerly in part along the southerly line of
Thence turning and running northerly along the westerly line of
Thence turning and running westerly along the southerly line of
(2) Notwithstanding the provisions of this section, the board of licenses of
the city of
Beginning at a point, that point being the intersection of the northerly line
of
Thence running in a general easterly direction along the northerly line of
Thence turning and running northerly to the southerly line of
Thence turning and running westerly along the southerly line of
Thence turning and running southerly a distance of twenty-nine feet (29');
Thence turning and running southwesterly to the easterly line of Spring
Street, a distance of sixty-four feet (64');
Thence turning and running southerly along the easterly line of Spring Street
a distance of fifty-six and eight-tenths feet (56.8') to the point and place
of beginning.
(3) Notwithstanding the provisions of this section, the board of licenses of
the town of
(4) Notwithstanding the provisions of this section, the board of licenses of
the town of
(5) Notwithstanding the provisions of this section, the board of licenses for
the city of
(6) Notwithstanding the provisions of this section, the board of licenses of
the city of
(7) Notwithstanding the provisions of this section, the board of licenses of
the city of 9,
and/or on lot 152 of tax assessor's plat 9, of the 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
(8) Notwithstanding the provisions of this section, the board of licenses of
the city of area
in the city of
Beginning at the point of intersection of 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
(9) Notwithstanding the provisions of this section the town council of the
town of on
Plat 30, Lot 33 of the town of ( |
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6) |
Section |
Adding Chapter Numbers: |
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3-7-28 |
263 and 316 |
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3-7-28. Time for licensee to produce receipts
and invoices to inspector. – (a) Holders of Class A licenses issued
under title 3 of the general laws shall be required to maintain on the
premises, and to produce upon demand by an inspector authorized to demand,
any and all records of receipts and invoices for the purchase of alcoholic
beverages. (b) Holders
of licenses other than Class A issued under title 3 of the general laws shall
have not more than one business day to produce receipts and invoices for the
purchase of alcoholic beverages when demanded by an inspector authorized to demand
records of receipts and invoices. Nothing herein shall require such licensee to produce invoices and receipts upon demand. |
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7) |
Section |
Amending Chapter Numbers: |
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3-8-6 |
129 and 200 |
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3-8-6. Unlawful drinking and misrepresentation
by underage persons -- Identification cards for persons twenty-one and older.
--
(a) It is unlawful for: (1) A person who
has not reached his or her twenty-first (21st) birthday to enter any premises
licensed for the retail sale of alcoholic beverages for the purpose of
purchasing or having served or delivered to him or her alcoholic beverages;
or (2) A person who
has not reached his or her twenty-first (21st) birthday to consume any
alcoholic beverage on premises licensed for the retail sale of alcoholic
beverages or to purchase, attempt to purchase, or have another purchase for
him or her any alcoholic beverage; or (3) A person to
misrepresent or misstate his or her age, or the age of any other persons, or
to misrepresent his or her age through the presentation of any of the
following documents: (i) An armed
service identification card, valid passport, the identification card license,
or any other documentation used for identification purposes that may belong
to any other person who is twenty-one (21) years or older; (ii) A motor
vehicle operator's license which bears the date of birth of the licensee, and
which is issued by this state or any other state; (iii) A Rhode
Island identification card as defined in subsection (b) for the purpose of
inducing any licensee or any employee of any licensee, to sell, serve or
deliver any alcoholic beverage to a minor. (b) (1) The
administrator of the division of motor vehicles shall issue to any person who
has reached his or her twenty-first (21st) birthday a Rhode Island
identification card upon payment of a fee of fifteen dollars ($15.00), and,
upon presentation of a certified birth or baptismal certificate, or U.S. or
foreign passport, or U.S. naturalization certificate or a valid immigrant or
refugee document issued by the United States immigration and naturalization
service, including, but not limited to, any one of the following: Form I-551,
Form I-94, Form I-688A, and Form I-688, together with a document bearing the
applicant's signature. (2) A person who
has reached his or her fifty ninth (59th) birthday is not required to pay the
fee. (3) Each registration
card shall be subject to renewal every five (5) years upon payment of a fee
of fifteen dollars ($15.00). (4) No person
who holds an operator's license issued by this state or any other state shall
be issued a (5) The
identification card shall be signed by the administrator of the division of
motor vehicles and by the applicant and his or her picture shall appear on
the card along with the required information and the card shall be encased in
laminated plastic. The card shall be two inches (2") in height and four
inches (4") in length and shall be printed in the following form: RHODE Date Issued
............ No. . . . . . . First Name
Middle Name Last Name .............................................................................
Address .............................................................................
BIRTH RECORD Month
............ Day . . . . . . . . . . Year . . . . . . . . . Secure Color Color Sex
Ht. Wt. Photo of hair of eyes
by Pasting here . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . Issued by Administrator of
the Division of Motor Vehicles ............ ............ ............ Administrator (6) The
identification cards shall be produced at the adult correctional institutions
if they have facilities to do so; if the adult correctional institutions have
no facilities to do so, then all cards shall be manufactured by the lowest
responsible bidder following advertisement for the solicitation of bids. (7) The
identification cards shall be clearly distinguishable from those issued
pursuant to section 3-8-6.1 and operators' and chauffeurs' licenses issued
pursuant to title 31. (8) Any person
who has been designated as permanently and totally disabled by the social
security administration or who upon certification by an optometrist,
ophthalmologist or physician that a holder of a valid and current motor
vehicle operator's license is no longer able to operate a motor vehicle, the administrator of the
division of motor vehicles shall issue to such person, upon request, a standard renewal charge of fifteen dollars
($15.00) until such person shall reach his or her fifty-ninth (59th)
birthday. (c) (1) Every
retail Class A, B, C, and D licensee shall cause to be kept a book or
photographic reproduction equipment which provides the same information as
required by the book. That licensee and/or the licensee's employee shall
require any person who has shown a document as set forth in this section
substantiating his or her age to sign that book or to permit the taking of
his or her photograph and indicate what document was presented. Use of the
photographic reproduction equipment is voluntary for every Class A, B, C and
D licensee. (2) The sign-in
as minor book and photographic reproduction equipment shall be prescribed,
published, and approved at the direction and control of the division. The
book shall contain at least four hundred (400) pages, shall be uniform
throughout the state, and shall be distributed at a cost not to exceed seven
dollars ($7.00). (3) If a person
whose age is in question signs the sign-in as minor book or has a photograph
taken before he or she is sold any alcoholic beverage and it is later
determined that the person had not reached his or her twenty-first (21st)
birthday at the time of sale, it is considered prima facie evidence that the
licensee and/or the licensee's agent or servant acted in good faith in
selling any alcoholic beverage to the person producing the document as set
forth in this section misrepresenting his or her age. (4) Proof of
good faith reliance on any misrepresentation is a defense to the prosecution
of the licensee and/or the licensee's agent or servant for an alleged
violation of this section. (d) (1) Any
person who violates this section shall be punished for the first offense by a
mandatory fine of not less than one hundred dollars ($100) nor more than five
hundred dollars ($500) and (2) Any
suspension of an operator's license or driving privilege pursuant to this
section shall not operate to affect the insurance rating of the offender and
any operator's license or driving privilege suspended pursuant to this
section shall be reinstated without further expense upon application. (e) Within
thirty (30) days after this incident the police chief of the city or town
where the incident took place is directed to inform, in writing, the
department of business regulation whether or not charges in accordance with
this section have been preferred against a person who has not reached his or
her twenty-first (21st) birthday and has violated this section. If no charge
is brought against any person who has not reached his or her twenty-first
(21st) birthday and has violated the provisions of this section, then the
police chief of the city or town where the incident took place will state the
reason for his or her failure to charge the person who has not reached his or
her twenty-first (21st) birthday. (f) The identification number specifically assigned to the person to whom the card was issued. |
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8) |
Section |
Adding
Chapter Numbers: |
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3-8-6.3 |
129 and 200 |
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3-8-6.3. Manufacture or distribution of
fraudulent identification cards or licenses to operate a motor vehicle. – (a) It shall be
unlawful for any person to manufacture or distribute a fraudulent
identification card, as defined in sections 11-18-20.1 and 3-8-6, or a
fraudulent license to operate a motor vehicle. (b) Each
incident of manufacturing or distributing a fraudulent identification card or
a fraudulent license to operate a motor vehicle shall be considered a
separate and distinct offense. (c) Any
person who violates subsection (a) of this section shall be guilty of a
criminal violation and shall be subject to the following: (1) for a
first offense, a fine of not more than five hundred dollars ($500); (2) for a
second offense, a fine of not more than one thousand dollars ($1000); (3) for a third or subsequent offense, a fine of not more than two thousand dollars ($2000). |
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9) |
Section |
Amending
Chapter Numbers: |
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3-8-9 |
129 and 200 |
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3-8-9. Transportation of alcoholic beverages
by underage persons. – (a) Any person who has not reached his or her
twenty-first (21st) birthday and who operates a motor vehicle upon the public
highways, except when accompanied by a parent, who is over the age of twenty-one (21) years
and related, whether by blood, adoption or marriage, to the operator within
the following degree of sanguinity: brother, sister, grandfather,
grandmother, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepfather,
stepmother, stepbrother, stepsister, half-brother,
half-sister, uncle, aunt, great uncle or great aunt and, knowingly having
liquor or intoxicating beverages in any form in containers, opened or
unopened, in any part of the vehicle (21) who are transporting unopened alcoholic
beverages in the course of their employment. (b) Any
person who violates subsection (a) of this section shall be subject to the
following: (1) for a
first offense, a fine of not more than two hundred fifty dollars ($250) and
have his or her license to operate a motor vehicle suspended for not more
than thirty (30) days; (2) for a
second offense, a fine of not more than five hundred dollars ($500) and have
his or her license to operate a motor vehicle suspended for not more than
ninety (90) days; (3) for a third or subsequent offense, a fine of no less than five hundred dollars ($500) nor more than nine hundred and fifty dollars ($950) and have his or her license to operate a motor vehicle suspended for one year. |
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10) |
Section |
Amending Chapter Numbers: |
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3-8-10 |
129 and 200 |
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3-8-10.
Possession of beverage by underage persons. -- Any person who has not reached his or her
twenty-first (21st) birthday and has in his or her possession any beverage as
defined in this title shall be fined one hundred fifty dollars ($150) to
seven hundred fifty dollars ($750) for the first offense,
three hundred dollars ($300) to seven hundred fifty dollars ($750) for the
second offense, and four hundred fifty dollars ($450) to |
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11) |
Section |
Amending Chapter Numbers: |
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3-8-11.1 |
129 and 200 |
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3-8-11.1. Furnishing or procurement of
alcoholic beverages for underage persons. -- (a) As used in this
section: (1) "furnish" means to provide with, supply, give or
purchase; (2) "procure" means to get possession of, obtain by
particular care and effort; and (3) "permit" means to give
permission for, or approval of, the possession or consumption
of an alcoholic beverage by any form of conduct, that would cause a
reasonable person to believe that permission or approval has been given. (b) Except as
otherwise provided in subsection (c) of this section it is unlawful for any person
twenty-one (21) years of age or older: (1) to purchase
from any licensee or any employee of a licensee any alcoholic beverage for
the sale, delivery, service of or giving away to, any person who has not
reached his or her twenty-first (21st) birthday; (2) to purchase
from any licensee or any employee of any licensee any alcoholic beverage with
the intent to cause or permit said alcoholic beverage to be sold, or given to
any person who has not reached his or her twenty-first (21st) birthday; (3) to knowingly
furnish any alcoholic beverage for the sale, delivery, service of or giving
to any person who has not reached his or her twenty-first (21st) birthday; (4) to procure
alcoholic beverages for the sale, delivery, service of or giving to any
person who has not reached his or her twenty-first (21st) birthday; or (5) to otherwise
permit the consumption of alcohol by underaged persons in his or her
residence or on his or her real property. (c) This
section does not apply to use, consumption or possession of alcoholic
beverages by a minor for religious purposes; or to a parent or legal guardian
procuring or furnishing alcohol to, or permitting the consumption of alcohol
by, his or her minor child or ward. (d) Any |
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12) |
Section |
Amending Chapter Numbers: |
|
|
3-8-11.2 |
129 and 200 |
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|
|
3-8-11.2. Penalty for violation of section
3-8-11.1. --
(a) Any (b) Any person
who violates section 3-8-11.1 and either pleads nolo contendere or is
convicted of a second misdemeanor violation shall be punished by a fine of
not less than seven hundred fifty dollars ($750.00) nor more than one
thousand dollars ($1,000.00) and/or imprisoned for a period not exceeding (c) Any person who
violates section 3-8-11.1 and either pleads nolo contendere or is convicted
of a third or subsequent violation shall be guilty of a felony and shall be
punished by a fine not |
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13) |
Section |
Adding Chapter Numbers: |
|
|
4-1-39 |
257 and 414 |
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|
|
4-1-39. Transport and shelter of horses. -- (a)
Notwithstanding any other provision of law, a person may not transport or
shelter, or cause or allow to be transported or sheltered any equine animal
in or upon any trailer, conveyance or other vehicle whatsoever with two (2)
or more levels stacked on top of one another. (b) Any person who violates the provisions of this section shall be subject to a fine of not less than five hundred dollars ($500) per animal for a first offense, and subject to a fine of at least one thousand dollars ($1,000) per animal for all second and subsequent offenses. |
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14) |
Section |
Amending Chapter Numbers: |
|
|
4-13-1 |
279 and 470 |
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|
|
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) (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 (3) (4) (i) (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 (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) (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) (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 (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) (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) dog ordinance which may be paid by mail. (11) (i) (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 (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 section 4-13-10 and may enforce those ordinances by
pecuniary penalties not exceeding twenty-five dollars ($25.00). (12) (i) A fine not
exceeding ten dollars ($10.00) for the first offense within one year; (ii) A fine not
exceeding twenty-five dollars ($25.00) for the second offense within one year
of the first offense; (iii) A fine
not exceeding fifty dollars ($50.00) for the third and each subsequent
offense within one year of the first offense. (13) (i) (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) (14) (i) (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. (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) (i) A fine not
exceeding fifteen dollars ($15.00) for the first offense within a calendar
year; (ii) A fine not
exceeding twenty-five dollars ($25.00) 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. (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 (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 (12) month 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) (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) (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) (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 (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 (24) (i) 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: (A) A fine of
not more than thirty dollars ($30.00) for the first offense within a calendar
year; (B) A fine of
not more than sixty dollars ($60.00) for the second offense within a calendar
year; (C) A fine of
not more than one hundred twenty dollars ($120) for the third offense within
a calendar year; and (D) A fine of
not more than three hundred dollars ($300) for the fourth offense and any
subsequent offense within a calendar year. (25)(i) The (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. |
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15) |
Section |
Amending Chapter Numbers: |
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|
4-13-4 |
268 and 358 |
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|
4-13-4. Dog licenses -- Fees --
Penalties. -- (a) (1) Every owner or keeper of a dog shall annually in
April obtain a license effective May 1 in the office of the city or town
clerk of the city or town in which the owner
or keeper resides.
(2) The fees for the license shall be five dollars ($5.00).
(3) No city or town shall issue any license under this section unless the dog
has been inoculated against rabies for the period of time which the license
would be valid.
(4) All licenses issued under the provisions of this chapter shall be valid
in every city or town during the then current year.
(5) Any person who becomes the owner or keeper of a dog shall obtain a
license within thirty (30) days after he or she becomes the owner or keeper.
(6) (i) The Cumberland town clerk may issue a license renewable every two (2)
years for a licensing fee of six dollars ($6.00).
(ii) Glocester town council may provide for an annual licensing fee of
fourteen dollars ($14.00) for all dogs except spayed or neutered females and
males and for an annual licensing fee of
seven dollars ($7.00) for spayed or neutered female and male dogs.
(iii)
(iv) males.
(v) North Smithfield town council may provide by ordinance for an annual
licensing fee of five dollars ($5.00) for all dogs.
(vi) (A)
(B) The
(vii) (A)
(B) May provide for a fee of one dollar ($1.00) for the replacement of lost
dog tags;
(C) May provide that no fee be charged to license guide dogs used by persons
with disabilities;
(D) May provide for the number of licenced dogs which may be kept at any
single-family residence, other than a breeding kennel; and
(E) May provide for pecuniary penalties not exceeding twenty-five dollars
($25.00) for violations.
(viii)
(ix) (A) (xi)
(B) May provide by ordinance for a payment of a two dollars ($2.00) fee for
duplicate or for replacement tags.
(x) (A)
(B) May provide by ordinance for an annual licensing fee for dogs owned by
residents age 65 or older not to exceed five dollars ($5.00) for spayed or
neutered dogs, and not to exceed ten dollars ($10.00) for unspayed or
unneutered dogs.
(b) Every person, owning or keeping a dog not licensed and/or collared
according to the provisions of this chapter, shall be fined ten dollars
($10.00) to be applied to the support of the city or town, and that fine
shall be in addition to all other lawful fees.
(c) Any city or town may waive the fee to be charged to license guide dogs
used by persons with disabilities.
(d) In the city of ($150)
for the third and subsequent offenses. |
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16) |
Section |
Amending Chapter Numbers: |
|
|
5-6-10 |
88 and 300 |
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|
|
5-6-10. Limited premises certificate/license. --
A Certificate C shall be issued to the department of transportation, state
airport corporation and manufacturing and industrial firms |
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17) |
Section |
Amending Chapter Numbers: |
|
|
5-6-24 |
291 and 413 |
|
|
|
5-6-24. Apprentices -- Registration fee. -- (a) This chapter does
not forbid the employment of one properly limited registered apprentice
electrician working with and under the direct personal supervision of a
licensed journeyperson electrician. Additionally, this chapter does not forbid the employment of: (1) one properly
registered apprentice oil burnerperson working with and under the direct
personal supervision of a licensed oil burnerperson; (2) one properly
registered apprentice fire alarm installer working with and under the direct
personal supervision of a licensed fire alarm installer; or (3) two
(2) properly registered apprentice electrical sign installer 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 D 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 initially upon
payment of a fee of twenty dollars ($20.00) per year. 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) Indentured
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 indentured apprenticeship program approved by the
Rhode Island department of labor and training, to qualify for the
journeyperson "B" electrician examination; provided, however,
apprentices may receive credit for one hundred forty-four (144) hours of
classroom training gained in a vocational school authorized by the board of
regents for elementary and secondary education and approved 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 indentured 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 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 indentured by the department
of labor and training as an apprentice for at least two (2) years and employed
as an indentured apprentice by a duly licensed electrician master in this
state for a period of two (2) years, or a showing that the applicant
possesses a certificate of license issued under the laws of another state.
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) Indentured
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 a one hundred forty-four (144) hours of related
instruction per year in an indentured apprenticeship program approved by the registration in full force and effect from the
department of labor and training of 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. Class M journeyperson
electricians may qualify to take the journeyperson "B" electrician
examination upon registering as a fourth year apprentice
and becoming employed by a properly licensed Class A electrical contractor
for that period of time. (d) 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
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 of Rhode Island
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. |
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18) |
Section |
Amending Chapter Numbers: |
|
|
5-20-17 |
291 and 413 |
|
|
|
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 and the application of that applicant is
accompanied with 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 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 (5) year 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, (3) The
least two (2) academic years (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 (5) The journeyperson plumber. (6) The
records of the hours of on the job training and the hours of related
instruction should be maintained in a mutually responsible manner, through a
joint effort on the part of the master plumber and the apprentice. (7) The completed
application is to be filed with the department at least fifteen (15) days
prior to the examination date. |
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19) |
Section |
Amending Chapter Numbers: |
|
|
5-20.8-2 |
58 and 252 |
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|
|
5-20.8-2. Disclosure requirements. [Effective
June 1, 2008.] --
(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) of this section 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 may approve a form of written disclosure
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 which 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 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 (xiii)
Electrical Service -- (Imp. & Repairs, Electrical Service, Amps, Defects) (xiv) Heating
System -- (Type, Imp. & Repairs, Underground Tanks, Zones, Supplemental
Heating, Defects) (xv) Air
Conditioning -- (Imp. & Repairs, Type, Defects) (xvi) Plumbing
-- (Imp. & Repairs, Defects) (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 23-19.15 (The Rhode Island Cesspool
Phase-Out 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 Rhode Island general law Chapter
23-9.15 are primarily based upon a cesspool's non-treatment 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 (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) which 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 (xix) Domestic
Hot Water -- (Imp. & Repairs, Type, Defects, Capacity of Tank) (xx) Property
Tax (xxi) Easements
and Encroachments -- The seller of that 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. 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, fresh water 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. (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 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. |
|
20) |
Section |
Amending Chapter Numbers: |
|
|
5-34-39 |
124 and 186 |
|
|
|
5-34-39. Process for prescriptive privileges
of certified registered nurse practitioner. -- (a) Prescriptive
privileges for the certified registered nurse practitioner: (1) Shall be
granted under the governance and supervision of the department, board of
nurse registration and nurse education; and (2) Shall
include prescription of legend medications and prescription of controlled
substances from schedules II, III, IV and V that are established in
regulation; and (3) Must not
include controlled substances from Schedule I. year period immediately prior to date of
application. To maintain prescriptive privileges the certified registered
nurse practitioner (R.N.P.) must submit upon request of the board of nurse
registration and nursing education evidence of thirty (30) hours continuing
education in pharmacology every six (6) years. |
|
21) |
Section |
Repealing Chapter Numbers: |
|
|
5-35-1 |
305 and 433 |
|
|
|
5-35-1. [Repealed.] |
|
22) |
Section |
Repealing Chapter Numbers: |
|
|
5-35-1.1 |
305 and 433 |
|
|
|
5-35-1.1.
[Repealed.] |
|
23) |
Section |
Repealing Chapter Numbers: |
|
|
5-35-1.2 |
305 and 433 |
|
|
|
5-35-1.2.
[Repealed.] |
|
24) |
Section |
Repealing Chapter Numbers: |
|
|
5-35-1.3 |
305 and 433 |
|
|
|
5-35-1.3.
[Repealed.] |
|
25) |
Section |
Repealing Chapter
Numbers: |
|
|
5-35-2 |
305 and 433 |
|
|
|
5-35-2. [Repealed.] |
|
26) |
Section |
Repealing Chapter
Numbers: |
|
|
5-35-2.1 |
305 and 433 |
|
|
|
5-35-2.1. [Repealed.] |
|
27) |
Section |
Repealing Chapter
Numbers: |
|
|
5-35-3 |
305 and 433 |
|
|
|
5-35-3. [Repealed.] |
|
28) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-4 |
305 and 433 |
|
|
|
5-35-4. [Repealed.] |
|
29) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-5 |
305 and 433 |
|
|
|
5-35-5. [Repealed.] |
|
30) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-7 |
305 and 433 |
|
|
|
5-35-7. [Repealed.] |
|
31) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-8 |
305 and 433 |
|
|
|
5-35-8. [Repealed.] |
|
32) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-9 |
305 and 433 |
|
|
|
5-35-9. [Repealed.] |
|
33) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-13 |
305 and 433 |
|
|
|
5-35-13. [Repealed.] |
|
34) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-14 |
305 and 433 |
|
|
|
5-35-14. [Repealed.] |
|
35) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-15 |
305 and 433 |
|
|
|
5-35-15. [Repealed.] |
|
36) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-17 |
305 and 433 |
|
|
|
5-35-17. [Repealed.] |
|
37) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-18 |
305 and 433 |
|
|
|
5-35-18. [Repealed.] |
|
38) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-19 |
305 and 433 |
|
|
|
5-35-19. [Repealed.] |
|
39) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-20 |
305 and 433 |
|
|
|
5-35-20. [Repealed.] |
|
40) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-21 |
305 and 433 |
|
|
|
5-35-21. [Repealed.] |
|
41) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-21.1 |
305 and 433 |
|
|
|
5-35-21.1 [Repealed.] |
|
42) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-23 |
305 and 433 |
|
|
|
5-35-23. [Repealed.] |
|
43) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-24 |
305 and 433 |
|
|
|
5-35-24. [Repealed.] |
|
44) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-25 |
305 and 433 |
|
|
|
5-35-25. [Repealed.] |
|
45) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-26 |
305 and 433 |
|
|
|
5-35-26. [Repealed.] |
|
46) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-27 |
305 and 433 |
|
|
|
5-35-27. [Repealed.] |
|
47) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-28 |
305 and 433 |
|
|
|
5-35-28. [Repealed.] |
|
48) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-29 |
305 and 433 |
|
|
|
5-35-29. [Repealed.] |
|
49) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-30 |
305 and 433 |
|
|
|
5-35-30. [Repealed.] |
|
50) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-31 |
305 and 433 |
|
|
|
5-35-31. [Repealed] |
|
51) |
Section |
Repealing
Chapter Numbers: |
|
|
5-35-32 |
305 and 433 |
|
|
|
5-35-32. [Repealed.] |
|
52) |
Section |
Adding Chapter Numbers: |
|
|
5-35.1 |
305 and 433 |
|
|
|
CHAPTER
35.1 OPTOMETRISTS |
|
53) |
Section |
Adding Chapter Numbers: |
|
|
5-35.1-1 |
305 and 433 |
|
|
|
5-35.1-1. Definitions. – As used in this
chapter, the following terms are construed as follows: (1)
"Amplified optometrist" means an optometrist licensed in this state
to practice optometry and authorized by the board to administer and prescribe
pharmaceutical agents in the treatment of conditions of the human eye and its
appendages, including anterior uveitis and glaucoma, without surgery or other
invasive techniques, and in accordance with section 5-35.1-12 and all the
requirements of this chapter. (2)
"Board" means the board of optometry established under the
provisions of section 5-35.1-15 of the act. (3)
"Certified optometrist" means an optometrist licensed in this state
to practice optometry and authorized by the board to administer and prescribe
topical ocular pharmaceutical agents in the treatment of ocular conditions of
the anterior segment of the human eye and its appendages (with the exception
of uveitis and glaucoma) without surgery or other invasive techniques and in
accordance with section 5-35.1-12 and all the requirements of this chapter. (4)
"Department" means the department of health. (5)
"Director" means the director of the department of health. (6)
"Optometrist" means a person licensed in this state to practice
optometry pursuant to the provisions of this chapter. (7)
"Optometry" means the profession whose practitioners are engaged in
the art and science of the evaluation of vision and the examination of vision
and the examination and refraction of the human eye which includes: the
employment of any objective or subjective means for the examination of the
human eye or its appendages; the easurement of the powers or range of human
vision or the determination of the accommodative and refractive powers of the
human eye or the scope of its functions in general and the adaptation of
lenses, prisms, and/or frames for the aid of these; the prescribing,
directing the use of or administering ocular exercises, visual training,
vision training, or orthoptics, and the use of any optical device in
connection with these; the prescribing of contact lenses for, or the fitting
or adaptation of contact lenses to the human eye; the examination or
diagnosis of the human eye to ascertain the presence of abnormal conditions
or functions; and the application of pharmaceutical agents to the eye,
provided, that no optometrist licensed in this state shall perform any
surgery for the purpose of detecting any diseased or pathological condition
of the eye. With respect to presently licensed optometrists, only presently
licensed optometrists who: (1)
have satisfactorily completed a course in pharmacology, as
it applies to optometry, at an institution accredited by a regional,
professional, or academic accreditation organization which is recognized by
the national commission on accreditation, with particular emphasis on the
application of drugs to the eye for the purposes of detecting any diseased or
pathological condition of the eye; or the effects of any disease or
pathological condition of the eye, approved by the board of examiners in
optometry and the department; or (2)
(2)(i) have successfully passed all sections of the
national board of examiners in optometry (NBEO) examination; and (ii) the
treatment and management of ocular disease (TMOD) examination, shall be
permitted to apply pharmaceutical agents to the eye for the purpose of
detecting any diseased or pathological condition of the eye, or the effects
of any disease or pathological condition of the eye. (8) "Pharmaceutical
agents" means any medications as determined by the department, except
those specified in schedules I and II as provided in chapter 21-28. |
|
54) |
Section |
Adding Chapter Numbers: |
|
|
5-35.1-2 |
305 and 433 |
|
|
|
5-35.1-2. Qualifications to practice
optometry. –
(a) Every applicant for licensure shall present satisfactory evidence in
the form of affidavits properly sworn to that he or she; (1) is of
good moral character; and (2) has
graduated from a school or college or optometry which maintains a course in
optometry of not less than four (4) years and is approved by the
accreditation council on optometric education (ACOE) or other accrediting
body as approved by the board; and (3) has
successfully passed a national examination or other examinations approved by
the department and the board; and (4) any other
qualifications as may be established in rules and regulations promulgated by
the department. |
|
55) |
Section |
Adding Chapter Numbers: |
|
|
5-35.1-3 |
305 and 433 |
|
|
|
5-35.1-3. Application for examination and license. –
Every person desiring to be licensed to practice optometry as provided in
this chapter shall file with the department, in the form prescribed by the
department, an application, verified by oath, presenting the facts which
entitle the applicant to a license to practice optometry under this chapter.
No one shall be permitted to practice optometry in this state without a valid
license. |
|
56) |
Section |
Adding Chapter Numbers: |
|
|
5-35.1-4 |
305 and 433 |
|
|
|
5-35.1-4. Fee for license. –
Every applicant shall pay to the department a fee of ninety dollars
($90.00) which shall accompany his or her application for a license. |
|
57) |
Section |
Adding Chapter Numbers: |
|
|
5-35.1-5 |
305 and 433 |
|
|
|
5-35.1-5. Registration of optometrists from other states.
– Any person who presents evidence to the department
that he or she is entitled to practice optometry in another state where
requirements for registration are, in the opinion of the department,
equivalent to those of this state, may be licensed in this state upon payment
to the department of a fee. |
|
58) |
Section |
Adding Chapter Numbers: |
|
|
5-35.1-6 |
305 and 433 |
|
|
|
5-35.1-6. Issuance,
registration, and display of certificate of license to practice optometry. –
Every applicant who complies with the provisions of this chapter shall
receive from the director under his or her seal a certificate of license
entitling him or her to practice optometry in this state. Every person to
whom a certificate or license is issued by the department shall keep that
certificate displayed in a conspicuous place in the office or place of
business where that person practices optometry and, whenever required, shall
exhibit the certificate to any authorized representative of the department. |
|
59) |
Section |
Adding
Chapter Numbers: |
|
|
5-35.1-7 |
305 and 433 |
|
|
|
5-35.1-7. Renewal of license to practice optometry. –
Every licensed optometrist who desires to continue the practice of
optometry shall attest to the completion of a prescribed course of continuing
optometric education. He or she shall annually pay to the department a
renewal fee of one hundred seventy dollars ($170). An additional fee of seventy
dollars ($70.00) shall be charged to the licensee who fails to renew by the
license expiration date. Retirement from practice in this state for a period
not exceeding five (5) years shall not deprive the holder of a certificate of
license or the right to renew a certificate upon the payment of all annual
renewal fees remaining unpaid, and a further fifty dollars ($50.00) as an
added fee. |
|
60) |
Section |
Adding Chapter Numbers: |
|
|
5-35.1-8 |
305 and 433 |
|
|
|
5-35.1-8. Use of title of doctor. –
Any person licensed to practice optometry under this chapter may prefix or
append to his or her name the title of doctor or any abbreviation of the word
doctor, provided that person holds a degree granted by a school or college of
optometry authorized to grant this degree. |
|
61) |
Section |
Adding Chapter Numbers: |
|
|
5-35.1-9 |
305 and 433 |
|
|
|
5-35.1-9. Acts constituting unlawful practice
of optometry. –
No optometrist licensed by and practicing in this state may: (1) use or
occupy space for that practice under any oral or written lease, contract,
arrangement or understanding with anyone (other than with another optometrist
licensed by, and practicing in this state) by which the rent paid by that
licensed optometrist for that use or occupancy or any element of the expense
of practicing his or her profession varies according to his or her gross
receipts, net profit, taxable income, numeral volume of the patients examined
by that licensed optometrist or any combination; (2) use or
occupy space for that practice in any building where more than fifty percent
(50%) of the remaining space is used or occupied by tenants or a tenant of
that building or the owner of that building and those tenants, tenant, or
owner is engaged in the business of selling merchandise to the general
public, if those tenants, tenant, or owner: (i) uses, or
occupies that space under any oral or written lease, contract, arrangement,
or which the rent paid by those tenants or tenant for that use or occupancy or any element in
the cost of doing business varies according to the gross receipts, net
profit, taxable income, numerical volume of sales or customers of those
tenants or tenant or any combination; or (ii) no
optometrist licensed by and practicing in this state advertises by written or
spoken words of a character tending to deceive or mislead the public; (3) practice his or her
profession under any oral or written contract, arrangement or understanding
where anyone, not licensed to practice optometry practicing in this state
shares, directly or indirectly, in any fees received by that licensed
optometrist. |
|
62) |
Section |
Adding Chapter Numbers: |
|
|
5-35.1-10 |
305 and 433 |
|
|
|
5-35.1-10. Unlawful sale of spectacles. –
It is unlawful for any person, firm, or corporation to sell, as merchandise,
in any store or established place of business in the state, any eyeglasses,
spectacles, or lenses for the correction of vision, unless a licensed
optometrist, physician, or optician under the laws of this state is in charge
and in personal attendance at the booth, counter, or place where those articles
are sold in a store or established place of business. The provisions of this
section shall not be construed to apply to the sale of simple reading
magnifying glasses, toy glasses, goggles consisting of plano white or plano
colored lenses or ordinary colored glasses, or to optometrists, physicians,
or opticians who sell spectacles, eyeglasses or lenses by prescription;
provided, that a seller of simple reading magnifying glasses shall have the
following notice permanently affixed in plain view to the top of any point of
sale display. "These magnifiers are not intended to be a substitute for
corrective lenses; only a professional eye examination can determine your eye
health status and vision needs." This notice shall also be prominently
displayed in all newspaper, magazine, and other advertisements for simple
reading magnifying glasses. As used in this section, "simple reading
magnifying glasses" do not include lenses of bifocal design or single
vision lenses of over plus 2.5 diopters or equivalent magnification. |
|
63) |
Section |
Adding Chapter Numbers: |
|
|
5-35.1-11 |
305 and 433 |
|
|
|
5-35.1-11. Freedom of choice for eye care. –
(a) Any contract providing for health care benefits which calls for the
expenditure of private or public funds, for any purpose involving eye care
which is within the scope of the practice of optometry, shall provide the
recipients and/or beneficiaries the freedom to choose within the
participating provider panel either an optometrist or physician to provide
the eye care. This provision shall be applicable whether or not the contract
is executed and/or delivered in or outside of the state, or for use within or
outside of the state by or for any individuals who reside or are employed in
the state. (b) Where the contracts
call for the expenditure of public or private funds, for any purpose
involving expenditure of public or private funds, for any purpose involving
eye care, there shall be no discrimination as to the rate of reimbursement
for the health care, whether provided by a doctor of optometry or physician
providing similar services. |
|
64) |
Section |
Adding Chapter Numbers: |
|
|
5-35.1-12 |
305 and 433 |
|
|
|
5-35.1-12. Use and prescription of
pharmaceutical agents for ocular conditions – Optometrists training and
certification. – (a)(i) Notwithstanding the provisions of this
chapter, amplified optometrists of this state may use and prescribe
pharmaceutical agents in the treatment of conditions of the human eye and its
appendages, without the use of surgery or other invasive techniques;
provided, that all qualified optometrists, shall be permitted to become
amplified optometrists in accordance with the requirements of section
5-35.1-2, subsection (c) hereof, and all other requirements of this chapter;
and provided, further, that drugs contained in schedule III of chapter 21-28
shall be prescribed for no more than seventy-two (72) hours and that; no
optometrist shall deliver any medication by injection. (b) The
director shall issue regulations governing the prescribing of oral
pharmaceutical agents, including oral steroids and schedule III narcotic and
non-narcotic analgesics, within the scope of the optometrist's practice. (c) To be
newly licensed as an amplified optometrist, a qualified optometrist must meet
the qualifications of section 5-35.1-2 and must provide evidence to the
department that he or she (i) completed
at least thirty (30) hours of clinical experience in the treatment of ocular
utical agents, consistent with current graduate degree requirements for
optemetric education either within a four (4) year period immediately prior
to the date of application or as otherwise determined by the board; and (ii)
completed a course in pharmacology, as it applies to optometry, at an
approved institution accredited by a regional, professional or academic
accreditation organization. Further, to
maintain amplified optometrist licensure status, all amplified optometrists
must submit, upon request, evidence of an average of at least five (5) hours
of continuing education in pharmacology per year. (d) The
director, before issuing the regulations, shall request and consider
recommendations that may be submitted by the board of optometry. (e) The board shall
require optometrists to adhere to electronic prescribing standards within
thirty (30) months of receiving prescriptive authority as defined in
subsection 5-35.1-12(a). |
|
65) |
Section |
Adding Chapter Numbers: |
|
|
5-35.1-13 |
305 and 433 |
|
|
|
5-35.1-13. Board of optometry –
Appointment of members. – The director shall appoint a board of
optometry. The board shall consist of five (5) members, all of whom shall be
residents of the state, four (4) of whom shall be licensed optometrists
engaged in the practice of optometry
for at least five (5) years prior to their appointment, and there shall be
one public member. The members shall be appointed for terms of three (3)
years; each member may serve a maximum of two (2) consecutive full terms. |
|
66) |
Section |
Adding Chapter Numbers: |
|
|
5-35.1-14 |
305 and 433 |
|
|
|
5-35.1-14. Board – Compensation
of members. – No member of the board of optometry shall receive
compensation for his or her attendance at meetings of the board. |
|
67) |
Section |
Adding Chapter Numbers: |
|
|
5-35.1-15 |
305 and 433 |
|
|
|
5-35.1-15. Receipts. – The proceeds of any fees
collected pursuant to the provisions of this chapter shall be deposited as
general revenues. |
|
68) |
Section |
Adding Chapter Numbers: |
|
|
5-35.1-16 |
305 and 433 |
|
|
|
5-35.1-16. Minimum examination of
patient. – Every person practicing optometry in accordance with
the laws of this state shall, prior to prescribing eyeglasses, lenses or
spectacles make a minimum examination of the patient to determine existent
visual defects and procedures for their correction. The degree of that
minimum examination shall be defined in the rules and regulations of the
department |
|
69) |
Section |
Adding Chapter
Numbers: |
|
|
5-35.1-17 |
305 and 433 |
|
|
|
5-35.1-17.
Persons exempt from requirements. – Nothing in this chapter shall
be construed to apply to physicians licensed to practice medicine under the
laws of this state, or to persons engaged in optical work who do not conduct
a retail or wholesale optical business. |
|
70 |
Section |
Adding Chapter
Numbers: |
|
|
5-35.1-18 |
305 and 433 |
|
|
|
5-35.1-18. Refusal,
suspension or revocation of license for unprofessional conduct. – In
addition to any and all other remedies provided in this chapter, the director
may, after notice and hearing in the director's discretion, refuse to grant,
refuse to renew, suspend, or revoke any license provided for in this chapter
to any person who is guilty of unprofessional conduct or conduct of a
character likely to deceive or defraud the public, or for any fraud or deception
committed in obtaining a license. "Unprofessional conduct" is
defined as including, but is not limited to: (1)
Conviction of one or more of the offenses set forth in section 23-17-37; (2)
Knowingly placing the health of a patient at serious risk without maintaining
proper precautions; (1)
Conviction of one or more of the offenses set forth in section 23-17-37; (2) Knowingly placing the health of
a patient at serious risk without maintaining proper precautions; (3)
Advertising by means of false or deceptive statements; (4) The use of drugs or alcohol to
an extent that impairs the person's ability to properly engage in the
profession; |
|
|
|
(5)
Use of any false or fraudulent statement in any document connected with his
or her practice; (6)
Obtaining of any fee by fraud or willful misrepresentation of any kind
whether from a patient or insurance plan; (7)
Knowingly performing any act which in any way aids or assists an unlicensed
person to practice in violation of this chapter; (8)
Violating or attempting to violate, directly or indirectly, or assisting in,
or abetting, the violation of, or conspiring to violate, any of the
provisions of this chapter or regulations previously or hereafter issued
pursuant to this chapter; (9) Incompetence (10)
Repeated acts of gross misconduct; (11) An optometrist providing
services to a person who is making a claim as a result of a personal injury, who
charges or collects from the person
any amount in excess of the reimbursement to the optometrist by the insurer as a condition of providing or
continuing to provide services or treatment; (12)
Failure to conform to acceptable and prevailing community standard of
optometric practice; (13) Advertising by written or spoken words
of a character tending to deceive or mislead the public; (14)
Practicing his or her profession under any oral or written contract, arrangement or understanding where anyone, not
licensed to practice optometry in this
state shares, directly or indirectly, in any fees received by that licensed
optometrist; (15) Grave and repeated misuse of any
ocular pharmaceutical agent; or (16)
The use of any agent or procedure in the course of optometric practice
by an optometrist not properly authorized under this chapter. |
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71) |
Section |
Adding Chapter Numbers: |
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5-35.1-19 |
305 and 433 |
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5-35.1-19. Construction of glass lenses –
Violations Penalty. -- (a) No person shall distribute, sell, or
deliver any eyeglasses or sunglasses unless those eyeglasses or sunglasses
are fitted with heat-treated glass lenses, plastic lenses, lamination lenses,
or lenses made impact-resistant by other methods. The provisions of this
subsection do not apply if a physician or optometrist, having found that those
lenses will not fulfill the visual requirements of a particular patient,
directs, in writing, the use of other lenses and gives written notification
to the patient. Before they are mounted in frames, all impact-resistant
eyeglasses and sunglass lenses, except plastic lenses, laminated lenses, and
raised ledge multi focal lenses must withstand an impact test of a steel ball
five-eighths (5/8) of an inch in diameter weighing approximately fifty-six
hundredths of an ounce (0.56 oz.) dropped from a height of fifty inches
(50"). Raised ledge multi focal lenses are capable of withstanding the
impact test but do not need to be tested beyond initial design testing. To
demonstrate that all plastic lenses and laminated lenses are capable of
withstanding the impact test, the manufacturer of the lenses shall subject to
the impact test a statistically significant sampling of lenses from each
production batch, and the tested lenses are representative of the finished
forms as worn by the wearer. Plastic prescription and plastic
non-prescription lenses, tested on the basis of statistical significance, may
be tested in uncut finished or semi-finished form at the point of original
manufacture. (b) Any person convicted
of violating the provisions of this section shall be punished by a fine of
not less than five hundred dollars ($500) for each violation. |
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72) |
Section |
Adding Chapter Numbers: |
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5-35.1-20 |
305 and 433 |
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|
5-35.1-20. Penalty for violations. -- Any
person who violates the provisions of this chapter shall be punished by a
fine or not more than two hundred dollars ($200) or shall be imprisoned for
not more than three (3) months for each offense. |
|
73) |
Section |
Adding Chapter Numbers: |
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|
5-35.1-21 |
305 and 433 |
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|
|
5-35.1-21. Prosecution of violations. -- It shall be the duty
of the director to enforce the provisions of this chapter and to prosecute
every person who violates those provisions. Whenever a complaint is made by
the department, or by any of its authorized agents of any violation of the provisions of this chapter, they shall not be required to furnish surety for costs, nor are they liable for costs on that complaint. |
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74) |
Section |
Adding Chapter Numbers: |
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5-35.1-22 |
305 and 433 |
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|
5-35.1-22. Rules and regulations. -- The department, in addition
to approving the examinations and licensing of optometrists, shall make rules
and regulations governing the practice of optometry. The department shall
have the power to revoke the license of any optometrist violating those rules and regulations. |
|
75) |
Section |
Adding Chapter Numbers: |
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|
5-35.1-23 |
305 and 433 |
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|
|
5-35.1-23. Severability. -- (a) If any provision
of this chapter or of any rule or regulation made under this chapter, or the
application of this chapter to any person or circumstances, is held invalid
by a court of competent jurisdiction, the remainder of the chapter, rule or
regulation, and the application of that provision to other persons or
circumstances shall not be affected. (b) The invalidity of
any section or sections or parts of any section or sections of this chapter
does not affect the validity of the remainder of the chapter. |
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76) |
Section |
Adding Chapter Numbers: |
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|
5-35.2 |
305 and 433 |
|
|
|
CHAPTER 35.2 OPTICIANS |
|
77) |
Section |
Adding Chapter Numbers: |
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5-35.2-1 |
305 and 433 |
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5-35.2-1.
Definitions. -- As used in this chapter: (1)
"Advisory committee" means the advisory committee of opticianry as
established herein. (2)
"Department" means the department of health (3)
"Director" means the director of the department of health. (4)
"Optician" means a person licensed in this state to practice
opticianry pursuant to the provisions of this chapter. (5)
"The Practice of Opticianry" means the preparation or dispensing of
eyeglasses, spectacles, lenses, or related appurtenances, for the intended
wearers, or users, on prescription from licensed physicians or optometrists,
or duplications or reproductions of previously prepared eyeglasses,
spectacles, lenses, or related appurtenances; or the person who, in
accordance with such prescriptions, duplications or reproductions, measures,
adapts, fits, and adjusts eyeglasses, spectacles,
lenses, including spectacles that add powers for task specific use or
occupational use, or appurtenances, to the human face. Provided, however, a
person licensed under the provisions of this chapter shall be specifically
prohibited from engaging in the practice of ocular refraction,
orthoptics, visual training, the prescribing of subnormal vision aids, telescopic spectacles, fitting, selling, replacing, or dispensing contact lenses. |
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78) |
Section |
Adding Chapter Numbers: |
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5-35.2-2 |
305 and 433 |
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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: (1)
Is of good moral character; and (2)
Has graduated from a two (2) year 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 (3)
Has successfully completed one year of postgraduate internship with a
licensed optometrist or optician; and (4)
Has successfully passed the national opticianry competency examination or any
other written examination approved by the department with consultation from
the advisory committee; and (5)
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: (1)
Is of good moral character; and (2)
Has graduated from high school; and (3)
Has graduated from a two (2) year 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 (2) year 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. |
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79) |
Section |
Adding Chapter Numbers: |
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5-35.2-3 |
305 and 433 |
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|
5-35.2-3. Optician’s biennial license fee. – Every applicant shall pay to the department a fee of ninety dollars ($90) which shall accompany his or her application for a license. No one shall be permitted to practice opticianry without a valid license. |
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80) |
Section |
Adding Chapter Numbers: |
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5-35.2-4 |
305 and 433 |
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|
|
5-35.2-4. Advertising by opticians. – This division of
professional regulation, in addition to conducting the examinations,
licensing, and registering of opticians, shall make rules and regulations
governing advertising by opticians. The division shall have the power to
revoke the license of any optician violating those rules and regulations. |
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81) |
Section |
Adding Chapter Numbers: |
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5-35.2-5 |
305 and 433 |
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|
|
5-35.2-5 Unlawful sale of spectacles. – It is unlawful for any person, firm, or corporation to sell, as merchandise, in any store or established place of business in the state, any eyeglasses, spectacles, or lenses for incorrective vision, unless a licensed optometrist, physician, or optician under the laws of this state is in charge and in personal attendance at the booth, counter, or place where those articles are sold in that store or established place of business. The provisions of this section shall not be construed to apply to the sale of simple reading magnifying glasses, toy glasses, goggles consisting of piano white or piano colored lenses or ordinary colored glasses, or to optometrists, physicians, or opticians who sell spectacles, eyeglasses, or lenses in prescription; provided, that |
|
|
|
seller of simple reading magnifying glasses
shall have the following notice permanently affixed in plain view to the top
of any point of sale display: “These magnifiers are not intended to be
substitute for corrective lenses; only a professional eye examination can
determine your eye health status and vision needs.” This notice shall also be
prominently displayed in all newspaper, magazine, and other
advertisements for simple reading magnifying glasses. As used in this
section, “simple reading magnifying glasses" do not include lenses of
bifocal design or single vision lenses of over plus 2.5 diopters or
equivalent magnification. |
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82) |
Section |
Adding Chapter Numbers: |
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5-35.2-6 |
305 and 433 |
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|
|
5-35.2-6. Freedom of choice for eye care. – Where the contracts call for the expenditure of public or private funds involving Medicaid and RIte Care, Medicare, or supplemental coverage for any purpose relating to eyewear, and as it pertains to opticianry, the distribution, dispensing, filling, duplication and fabrication of eyeglasses or optical prosthesis by opticians as defined in section 5-35.1-1, those health plans or contracts are required to notify by publication in a public newspaper published within and circulated and distributed throughout the state of Rhode Island, to all providers, including, but not limited to, opticians, within the health plan’s or contract’s geographic service area, of the opportunity to apply for credentials, and there is no discrimination as to the rate or reimbursement for health care provided by an optician for similar services as rendered by other professions pursuant to this section. Nothing contained in the chapter shall require health plans to contract with any particular class of providers. |
83) |
Section |
Adding Chapter Numbers: |
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5-35.2-7 |
305 and 433 |
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|
|
5-35.2-7. Continuing education of opticians. – Every person
licensed to practice opticianry who makes an application for renewal shall,
as condition to his or her relicensure, attest to the department of
completion of continuing education in the preceding two (2) calendar years in accordance with the rules and regulations promulgated hereunder. |
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84) |
Section |
Adding Chapter Numbers: |
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5-35.2-8 |
305 and 433 |
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|
5-35.2-8. Advisory committee for opticianry. – There is created an advisory committee for opticianry, appointed by the director, to consist of five (5) members, who shall be residents of the state, four (4) of whom shall be licensed as opticians under the provisions of this chapter, and shall have practiced as opticians for a period of at least five (5) years, and one lay person who shall be from the public. The members of the advisory committee shall be appointed for terms of three (3) years; each member may serve a maximum of two (2) full terms. The duties of the advisory committee for opticianry shall include but not be limited to advising the director on all matters pertaining to the licensure and regulation of opticianry in this state. |
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85) |
Section |
Adding Chapter Numbers: |
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5-35.2-9 |
305 and 433 |
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|
|
5-35.2-9. Persons exempt from requirements. – Nothing in this chapter shall be construed to apply to physicians licensed to practice medicine under the laws of this state, optometrists, or persons engaged in optical work who do not conduct a retail or wholesale optical business. |
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86) |
Section |
Adding Chapter Numbers: |
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5-35.2-10 |
305 and 433 |
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|
5-35.2-10. Refusal, suspension or revocation
of license for unprofessional conduct. – In addition to any and all other
remedies provided in this chapter, the director may, after notice and
hearing, in the director's discretion, refuse to grants, refuse to renew,
suspend, or revoke any license provided for in this chapter to any person who
is guilty of unprofessional conduct or conduct of a character likely to
deceive or defraud the public, or for any fraud or deception committed in
obtaining a license. “Unprofessional conduct” is defined as including, but is
not limited to: (1)
Conviction of one of the offenses set forth in section 23-17-37; (2) Knowingly
placing the health of a client a serious risk without maintaining proper
precautions; (3)
Advertising by means of false or deceptive statements; (4) The use
of drugs or alcohol to an extent that impairs that person's ability to
properly engage in the profession; (5) The use
of any false or fraudulent statement in any document connected with his or
her practice; (6) The
obtaining of any fee by fraud or willful misrepresentation of any kind either
to a patient or insurance plan; (7) Knowingly
performing any act which in any way aids or assists an unlicensed person to
practice in violation of this chapter; (8) Violating
or attempting to violate, directly or indirectly, or assisting in, or
abetting, the violation of, or conspiring to violate, any of the provisions
of this chapter or regulations previously or hereafter issued pursuant to
this chapter; (9)
Incompetence; (10) Repeated
acts of gross misconduct; (11) Failure to conform to acceptable and prevailing community standard of opticianry practice. |
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87) |
Section |
Adding Chapter Numbers: |
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|
5-35.2-11 |
305 and 433 |
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|
|
5-35.2-11. Construction of glass lenses –
violations – penalty. – (a) No person shall distribute, sell, or delivery any
eyeglasses or sunglasses unless those eyeglasses or sunglasses are fitted
with heat-treated glass lenses, plastic lenses, laminated lenses, or lenses
made impact resistant by other methods. The provisions of this subsection do
not apply if a physician or optometrist, having found that those lenses will
not fulfill the visual requirements of a particular patient, directs, in
writing, the use of other lenses and gives written notification to the
patient. Before they are mounted in frames, all impact-resistant eyeglasses
and sunglass lenses, except edge multifocal lenses must withstand an impact
test of a steel ball five-eighths (5/8) of an inch in diameter weighing
approximately fifty-six hundredths of an ounce (0.56 oz) dropped from a
height of fifty inches (50"). Raised ledge multifocal lenses are capable of withstanding
the impact test but do not need to be tested beyond initial design testing.
To demonstrate that all plastic lenses and laminated lenses are capable of
withstanding the impact test, the manufacturer of the lenses shall subject to
the impact test a statistically significant sampling of lenses from each
production batch, and the tested lenses are representative of the finished
forms as worn by the wearer. Plastic prescription and plastic
non-prescription lenses, tested on the basis of statistical significance, may
be tested in uncut finished or semi-finished form at the point of original
manufacture. (b) Any person convicted of violating the provisions of this section shall be punished by a fine of not less than five hundred dollars ($500) for each violation. |
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88) |
Section |
Adding Chapter Numbers: |
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|
5-35.2-12 |
305 and 433 |
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|
|
5-35.2-12. Penalty for violations. – Any person who violates the provisions of this chapter shall be punished by a fine or not more than two hundred dollars ($200) or shall be imprisoned for not more than three (3) months for each offense. |
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89) |
Section |
Adding Chapter Numbers: |
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|
5-35.2-13 |
305 and 433 |
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|
|
5-35.2-13. Prosecution of violations. – It shall be the duty of the director to enforce the provisions of this chapter and to prosecute every person who violates those provisions. Whenever a complaint is made by the department, or by any of its authorized agents, of any violation of the provisions of this chapter, they shall not be required to furnish surety for costs, nor are they liable for costs on that complaint. |
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90) |
Section |
Adding Chapter Numbers: |
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|
5-35.2-14 |
305 and 433 |
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|
|
5-35.2-14. Rules and regulations. – The department, in
addition to approving the examinations and licensing of opticians, shall make
rules and regulations governing the practice of opticianry. The department
shall have the power to revoke the license of any optician violating those rules and regulations. |
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91) |
Section |
Adding Chapter Numbers: |
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5-35.2-15 |
305 and 433 |
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|
5-35.2-15. Severability. – (a) If any
provision of this chapter or of any rule or regulation made under this
chapter, or the application of this chapter to any person or circumstances,
is held invalid by a court of competent jurisdiction, the remainder of the
chapter, rule or regulation, and the application of that provision to other
persons or circumstances shall not be affected. (b) The invalidity of any section or sections of parts of any section or sections of this chapter does not affect the validity of the remainder of this chapter. |
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92) |
Section |
Amending Chapter Numbers: |
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|
5-37-22 |
225 and 409 |
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|
|
5-37-22. Disclosures. -- (a) (1) Any physician who is not a participant in a medical insurance plan shall post a notice, in a conspicuous place in his or her medical offices where it can be read by his or her patients, which reads, in substance, as follows: "To my patients: I do not participate in a medical insurance plan. You should know that you shall be responsible for the payment of my medical fees." (2) Any physician who fails to post this notice shall not be entitled to charge his or her patients any amount for medical fees in excess of that allowed had the physician participated in a medical insurance plan. (b) Every physician shall disclose to patients eligible for Medicare, in advance of treatment, whether the physician accepts assignment under Medicare reimbursement as payment in full for medical services and/or treatment in the physician's office. This disclosure shall be given by posting in each physician's office, in a conspicuous place, a summary of the physician's Medicare reimbursement policy. Any physician who fails to make the disclosure as required in this section shall not be allowed to charge the patient in excess of the Medicare assignment amount for the medical procedure performed. (c) When a patient requests, in writing, that his or her medical records be transferred to another physician or medical practice group, the original physician or medical practice group shall promptly honor the request. The physician or medical practice group shall be reimbursed for reasonable expenses (as defined by the director pursuant to section 23-1-48) incurred in connection with copying the medical records. (d) Every physician or medical practice group shall, upon written request of any patient (or his or her authorized representative as defined in section 5-37.3-3(1)) who has received health care services from the physician or medical practice group, at the option of the physician or medical practice group either permit the patient (or his or her authorized representative) to examine and copy the patient's confidential health care information, or provide the patient (or his or her authorized representative) a summary of that information. If the physician or medical practice group decides to provide a summary and the patient is not satisfied with a summary, then the patient may request, and the physician or medical practice group shall provide, a copy of the entire record. At the time of the examination, copying or provision of summary information, the physician or medical practice group shall be reimbursed for reasonable expenses (as defined by the director pursuant to section 23-1-48) in connection with copying this information. If, in the professional judgment of the treating physician, it would be injurious to the mental or physical health of the patient to disclose certain confidential health care information to the patient, the physician or medical practice group shall not be required to disclose or provide a summary of that information to the patient, but shall upon written request of the patient (or his or her authorized representative) disclose that information to another physician or medical practice group designated by the patient. (e) Every physician who has ownership interest in health facilities or laboratories, including any health care facility licensed pursuant to chapter 17 of title 23, any residential care/assisted living facility licensed pursuant to chapter 17.4 of title 23, any adult day care program licensed or certified by the director of the department of elderly affairs, or any equipment not on the physician's premises, shall, in writing, make full patient disclosure of his or her ownership interest in the facility or therapy prior to utilization. The written notice shall state that the patient has free choice either to use the physician's proprietary facility or therapy or to seek the needed medical services elsewhere. (f) Every physician who
makes a referral of a patient to receive physical therapy services shall
provide the notice required by this section if the services are provided by
employees or independent contractors of the physician or if the entity is one
in which the physician has an ownership interest. Any such interest
referenced in this paragraph shall be in accordance with federal and state
law, specifically including, but not limited to,
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93) |
Section |
Adding Chapter Numbers: |
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5-37.7 |
171 and 466 |
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|
|
CHAPTER
37.7 |
|
94) |
Section |
Adding Chapter Numbers: |
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5-37.7-1 |
171 and 466 |
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5-37.7-1. Short title. --
This chapter shall be known and may be cited as the " |
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95) |
Section |
Adding Chapter Numbers: |
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5-37.7-2 |
171 and 466 |
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|
|
5-37.7-2. Statement of purpose. -- The purpose of this chapter is to establish safeguards and confidentiality protections for the HIE in order to improve the quality, safety and value of health care, keep confidential health information secure and confidential and use the HIE to progress toward meeting public health goals. |
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96) |
Section |
Adding Chapter Numbers: |
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5-37.7-3 |
171 and 466 |
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|
|
5-37.7-3. Definitions. -- As used in this
chapter: (a)
"Agency" means the (b)
"Authorized representative" means: (1) A person
empowered by the patient participant to assert or to waive the
confidentiality, or to disclose or authorize 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; or (2) A person
appointed by the patient participant to make health care decisions on his or
her behalf through a valid durable power of attorney for health care as set
forth in Rhode Island general laws section 23-4.10-2; or (3) A
guardian or conservator, with authority to make health care decisions, if the
patient participant is decisionally impaired; or (4) Another
legally appropriate medical decision maker temporarily if the patient
participant is decisionally impaired and no health care agent, guardian or
conservator is available; or (5) If the
patient participant is deceased, his or her personal representative or, in
the absence of that representative, his or her heirs-at-law; or (6) A parent
with the authority to make health care decisions for the parent's child. (c)
"Authorization form" means the form described in section 5-37.7-7
of this chapter and by which a patient participant provides authorization for
the RHIO to allow access to, review of, and/or disclosure of the patient participant's
confidential health care information by electronic, written or other means. (d)
"Business associate" means a business associate as defined by
HIPAA. (e)
"Confidential health care information" means all information
relating to a patient participant's health care history, diagnosis,
condition, treatment, or evaluation. (f)
"Coordination of care" means the process of coordinating, planning,
monitoring, and/or sharing information relating to and assessing a care plan
for treatment of a patient. (g)
"Data submitting partner" means an individual, organization or
entity that has entered into a business associate agreement with the RHIO and
submits patient participants' confidential health care information through
the HIE. (h)
"Department of health" means the (i) "Disclosure
report" means a report generated by the HIE relating to the record of
access to, review of and/or disclosure of a patient's confidential health
care information received, accessed or held by the HIE. (j)
"Electronic mobilization" means the capability to move clinical
information electronically between disparate health care information systems
while maintaining the accuracy of the information being exchanged. (k)
"Emergency" means the sudden onset of a medical, mental or
substance abuse or other condition manifesting itself by acute symptoms of
severity (e.g. severe pain) where the absence of medical attention could
reasonably be expected, by a prudent lay person, to result in placing the
patient's health in serious jeopardy, serious impairment to bodily or mental
functions, or serious dysfunction of any bodily organ or part. (l)
"Health care provider" means any person or entity licensed by this
state to provide or lawfully providing health care services, including, but
not limited to, a physician, hospital, intermediate care facility or other
health care 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 employment or agency related to or supportive of health care
services. (m)
"Health care services" means acts of diagnosis, treatment, medical
evaluation, referral or counseling or any other acts that may be permissible
under the health care licensing statutes of this state. (n)
"Health Information Exchange" or "HIE" means the
technical system operated, or to be operated, by the RHIO under state
authority allowing for the statewide electronic mobilization of confidential
health care information, pursuant to this chapter. (o) "HIE
Advisory Commission" means the advisory body established by the
department of health in order to provide community input and policy
recommendations regarding the use of the confidential health care information
of the HIE. (p)
"HIPAA" means the health insurance portability and accountability
act of 1996, as amended. (q)
"Participant" means a patient participant, a patient participant's
authorized representative, a provider participant, a data submitting partner,
the regional health information organization and the department of health,
that has agreed to authorize, submit, access and/or disclose confidential
health care information via the HIE in accordance with this chapter. (r)
"Participation" means a participant's authorization, submission,
access and/or disclosure of confidential health care information in
accordance with this chapter. (s)
"Patient participant" means a person who receives health care services
from a provider participant and has agreed to participate in the HIE through
the mechanisms established in this chapter. (t)
"Provider participant" means a pharmacy, laboratory or health care
provider who is providing health care services to a patient participant
and/or is submitting or accessing health care information through the HIE and
has executed an electronic and/or written agreement regarding disclosure,
access, receipt, retention or release of confidential health care information
to the HIE; (u) "Regional health information organization" or "RHIO" means the organization designated as the RHIO by the state to provide administrative and operational support to the HIE. |
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97) |
Section |
Adding Chapter Numbers: |
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5-37.7-4 |
171 and 466 |
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|
|
5-37.7-4. Participation in the health
information exchange. -- (a) There shall be established a statewide HIE under
state authority to allow for the electronic mobilization of confidential
health care information in only be accessed, released or transferred from
the HIE in accordance with this chapter. (b) The state
of Rhode Island has an interest in encouraging participation in the HIE by
all interested parties, including, but not limited to, health care providers,
patients, entities submitting information to the HIE, entities obtaining
information from the HIE and the RHIO. The (c) Patients
and health care providers shall have the choice to participate in the HIE, as
defined by regulations in accordance with section 5-37.7-3 provided however
that provider participants must continue to maintain their own medical record
meeting the documentation and other standards imposed by otherwise applicable
law. (d)
Participation in the HIE shall have no impact on the content of or use or
disclosure of confidential health care information of patient participants
that is held in locations other than the HIE. Nothing in this chapter shall
be construed to limit, change or otherwise affect entities' rights or
obligations to exchange confidential health care information in accordance
with other applicable laws. (e) The state of Rhode Island hereby imposes on the HIE and the RHIO as a matter of state law, the obligation to maintain, and abide by the terms of, HIPAA complaint business associate agreements, including, without limitation, the obligations to use appropriate safeguards to prevent use or disclosure of confidential health care information in accordance with HIPAA and this chapter, not to use or disclose confidential health care information other than as permitted by HIPAA and this chapter, or to make any amendment to a confidential health care record that a provider participant so directs and to respond to a request by a patient participant to make an amendment to the patient participant's confidential health care record. |
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98) |
Section |
Adding Chapter Numbers: |
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|
5-37.7-5 |
171 and 466 |
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|
|
5-37.7-5. Regulatory oversight. -- (a) The director
of the department of health shall develop regulations regarding the
confidentiality of patient participant information received, accessed or held
by the HIE and is authorized to promulgate such other regulations as the
director deems necessary or desirable to implement the provisions of this
chapter, in accordance with the provisions set forth in chapter 17 of title
23 and chapter 35 of title 42 of the general laws. (b) The
department of health has exclusive jurisdiction over the HIE, except with
respect to the jurisdiction conferred upon the attorney general in section
5-37.7-13. This chapter shall not apply to any other private and/or public
health information systems utilized within a health care provider or other
organization that provides health care services. (c) The department of health shall promulgate rules and regulations for the establishment of an HIE advisory commission that will be responsible for recommendations relating to the use of, and appropriate confidentiality protections for, the confidential health care information of the HIE, subject to regulatory oversight by the department of health. Said commission members shall be subject to the advice and consent of the senate. The commission shall report annually to the department of health and the RHIO, and such report shall be made public. |
|
99) |
Section |
Adding Chapter Numbers: |
|
|
5-37.7-6 |
171 and 466 |
|
|
|
5-37.7-6. use of the confidential health care information. |
|
100) |
Section |
Adding Chapter Numbers: |
|
|
5-37.7-7 |
171 and 466 |
|
|
|
5-37.7-7. Disclosure. -- (a)(1) Except as
provided in subsection (b) of this section, a patient participant's
confidential health care information may only be accessed, released or
transferred from the HIE in accordance with an authorization form signed by
the patient participant or the patient's authorized representative. (b) No
authorization for release or transfer of confidential health care information
from the HIE shall be required in the following situations: (1) To a
health care provider who believes, in good faith, that the information is
necessary for diagnosis or treatment of that individual in an emergency; or (2) To public
health authorities in order to carry out their functions as described in this
title and titles 21 and 23, and rules promulgated under those titles. These
functions include, but are not restricted to, investigations into the causes
of disease, the control of public health hazards, enforcement of sanitary
laws, investigation of reportable diseases, certification and licensure of
health professionals and facilities, review of health care such as that
required by the federal government and other governmental agencies, and
mandatory reporting laws set forth in Rhode Island general laws; and (3) To the
RHIO in order for it to effectuate the operation and administrative oversight
of the HIE. (c) The
content of the authorization form for access to, or the disclosure, release
or transfer of confidential health care information from the HIE shall be
prescribed by the RHIO in accordance with applicable department of health
regulations, but at a minimum shall contain the following information in a
clear and conspicuous manner: (1) A
statement of the need for and proposed uses of that information; and (2) A
statement that the authorization for access to, disclosure of and/or release
of information may be withdrawn at any future time and is subject to
revocation. (3) That the
patient has the right not to participate in the HIE; and (4) The
patient's right to choose to: (i) enroll in and participate fully in the HIE;
or (ii) designate only specific health care providers that may access the
patient participant's confidential health care information. (d) Except as
specifically provided by law or this chapter, or use for clinical care, a
patient participant's confidential health care information shall not be
accessed by, given, sold, transferred, or in any way relayed from the HIE to
any other person or entity not specified in the patient participant
authorization form meeting the requirements of subsection (c) of this section
without first obtaining additional authorization. (e) Nothing
contained in this chapter shall be construed to limit the permitted access to
or the release, transfer, access or disclosure of confidential health care
information described in subsection (b) of this section or under other
applicable law. (f)
Confidential health care information received, disclosed or held by the HIE
shall not be subject to subpoena directed to the HIE or RHIO unless the
following procedures have been completed: (i) the person seeking the
confidential health care information has already requested and received the
confidential health care information from the health care provider that was
the original source of the information; and (ii) a determination has been
made by the superior court upon motion and notice to the HIE or RHIO and the
parties to the litigation in which the subpoena is served that the confidential
health care information sought from the HIE is not available from another
source and is either relevant to the subject matter involved in the pending
action or is reasonably calculated to lead to the discovery of admissible
evidence in such pending action. Any person issuing a subpoena to the HIE or
RHIO pursuant to this section shall certify that such measures have been
completed prior to the issuance of the subpoena. (g) Nothing herein shall interfere with or impact upon any rights or obligations imposed by the Workers Compensation Act as contained in title 28, chapters 29 through 38, of these General Laws. |
|
101) |
Section |
Adding Chapter Numbers: |
|
|
5-37.7-8 |
171 and 466 |
|
|
|
5-37.7-8. Security. -- The HIE must be
subject to at least the following security procedures: (a)
Authenticate the recipient of any confidential health care information
disclosed by the HIE pursuant to this chapter pursuant to rules and
regulations promulgated by the agency. (b) Limit
authorized access to personally identifiable confidential health care
information to persons having a need to know that information; additional
employees or agents may have access to de-identified information; (c) Identify
an individual or individuals who have responsibility for maintaining security
procedures for the HIE; (d) Provide
an electronic or written statement to each employee or agent as to the
necessity of maintaining the security and confidentiality of confidential
health care information, and of the penalties provided for in this chapter
for the unauthorized access, release, transfer, use, or disclosure of this information; (e) Take no disciplinary or punitive action against any employee or agent for bringing evidence of violation of this chapter to the attention of any person. |
|
102) |
Section |
Adding Chapter Numbers: |
|
|
5-37.7-9 |
171 and 466 |
|
|
|
5-37.7-9. Secondary disclosure. -- Any confidential
health care information obtained by a provider participant pursuant to this
chapter may be further disclosed by such provider participant with or without
authorization of the patient participant to the same extent that such information may be disclosed pursuant to existing state and federal law, without regard to the source of the information. |
|
103) |
Section |
Adding Chapter Numbers: |
|
|
5-37.7-10 |
171 and 466 |
|
|
|
5-37.7-10. Patient's rights. -- Pursuant to this
chapter, a patient participant who has his or her confidential health care
information transferred through the HIE shall have the following rights: (a) To obtain
a copy of his or her confidential health care information from the HIE; (b) To obtain
a copy of the disclosure report pertaining to his or her confidential health
care information; (c) To be
notified as required by chapter 49.2 of title 11, the Rhode Island identity
theft protection act, of a breach of the security system of the HIE; (d) To
terminate his or her participation in the HIE in accordance with rules and
regulations promulgated by the agency; and (e) To request to amend his or her own information through the provider participant. |
|
104) |
Section |
Adding Chapter Numbers: |
|
|
5-37.7-11 |
171 and 466 |
|
|
|
5-37.7-11. Immunity. -- Any health care
provider who relies in good faith upon any information provided through the
HIE in his, her or its treatment of a patient, shall be immune from any
criminal or civil liability arising from any damages caused by such good
faith reliance. This immunity does not apply to acts or omissions
constituting negligence or reckless, wanton or intentional misconduct. |
|
105) |
Section |
Adding Chapter Numbers: |
|
|
5-37.7-12 |
171 and 466 |
|
|
|
5-37.7-12. Reconciliation with other
authorities. --
(a) This chapter shall only apply to the HIE system, and does not apply to
any other private and/or public health information systems utilized in Rhode
Island, including other health information systems utilized within or by a
health care facility or organization. (b) As this
chapter provides extensive protection with regard to access to and disclosure
of confidential health care information by the HIE, it supplements, with
respect to the HIE only, any less stringent disclosure requirements,
including, but not limited to, those contained in chapter 37.3 of this title,
the health insurance portability and ccountability act (HIPAA) and
regulations promulgated thereunder, and any other less stringent federal or
state law. (c) This
chapter shall not be construed to interfere with any other federal or state
laws or regulations which provide more extensive protection than provided in
this chapter for the confidentiality of health care information.
Notwithstanding such provision, because of the extensive protections with regard to access to and disclosure of confidential health care information by the HIE provided for in this chapter, patient authorization obtained for access to or disclosure of information to or from the HIE or a provider participant shall be deemed the same authorization required by other state or federal laws including information regarding mental health (the Rhode Island mental health law, Rhode Island general laws section 40.1-5-1 et seq.); HIV (Rhode Island general laws section 23-6-17); sexually transmitted disease (Rhode Island general laws sections 23-6-17 and 23-11-9); alcohol and drug abuse (Rhode Island general laws section 23-1.10-1 et seq., 42 U.S.C. section 290dd-2) or genetic information (Rhode Island general laws section 27-41-53, Rhode Island general laws section 27-20-39 and Rhode Island general laws section 27-19-44). |
|
106) |
Section |
Adding Chapter Numbers: |
|
|
5-37.7-13 |
171 and 466 |
|
|
|
5-37.7-13. Penalties – Attorneys' fees for
violations. --
(a) Civil penalties. Anyone who violates the provisions of this chapter
may be held liable for actual and exemplary damages. (b)
Criminal penalties. Anyone who intentionally and knowingly violates the
provisions of this chapter shall, upon conviction, be fined not more than ten
thousand dollars ($10,000) per patient, per violation, or imprisoned for not
more than one year, or both. (.c)
Commission of crime. The civil and criminal penalties in this section shall
also be applicable to anyone who obtains confidential health care information
maintained under the provisions of this chapter through the commission of a crime (d) Attorneys' fees.
Attorneys' fees may be awarded at the discretion of the court, to the successful party in any action under this chapter. |
|
107) |
Section |
Adding Chapter Numbers: |
|
|
5-37.7-14 |
171 and 466 |
|
|
|
37.7-14. Waivers void. --
Any agreement purporting to waive the provisions of this chapter is
declared to be against public policy and void. |
|
108) |
Section |
Adding Chapter Numbers: |
|
|
5-37.7-15 |
171 and 466 |
|
|
|
5-37.7-15. Severability. -- If any provision of this chapter is held by a court to be invalid, that invalidity shall not affect the remaining provisions of the chapter, and to this end the provisions of the chapter are declared severable. |
|
109) |
Section |
Amending Chapter Numbers: |
|
|
5-40-13 |
225 and 409 |
|
|
|
5-40-13. Grounds for discipline of licensees.
--
(a) The board has power to deny, revoke, or suspend any license issued by the
department or applied for in accordance with this chapter, or to discipline a
person licensed under this chapter upon proof that said person has engaged in
unprofessional conduct including, but not limited to: (1) Fraud or
deceit in procuring or attempting to procure a license or in the practice of
physical therapy; (2) Is
habitually intemperate or is addicted to the use of habit forming drugs; (3) Is mentally
and/or professionally incompetent; (4) Has
repeatedly violated any of the provisions of this chapter; (5) Providing
services to a person who is making a claim as a result of a personal injury,
who charges or collects from the person any amount in excess of the
reimbursement to the physical therapist by the insurer as a condition of
providing or continuing to provide services or treatment; (6) Conviction,
including a plea of nolo contendere, of one or more of the offenses listed in
section 23-17-37; (7) Abandonment
of a patient; (8) Promotion
by a physical therapist or physical therapist assistant of the sale of drugs,
devices, appliances, or goods or services provided for a patient in a manner
as to exploit the patient for the financial gain of the physical therapist or
physical therapist assistant; (9) Making or
filing false reports or records in the practice of physical therapy; (10) Repeated
failure to file or record, or impede or obstruct a filing or recording, or
inducing another person to fail to file or record physical therapy reports; (11) Failure to
furnish patient records upon proper request; (12) Practice
as a physical therapist assistant without supervision by a physical therapist
licensed in the state of (13)
Incompetent or negligent misconduct in the practice of physical therapy; (14)
Revocation, suspension, surrender, or limitation of privilege based on
quality of care provided or disciplinary action against a license to practice
as a physical therapist or physical therapist assistant in another state,
jurisdiction, or country; (15) Failure to
furnish the board, administrator, investigator, or representatives
information legally requested by the board; (16) Violation
of this chapter or any of the rules and regulations or departure from or
failure to conform to the current standards of acceptable and prevailing
practice and code of ethics of physical therapy. (b) Whenever a
patient seeks or receives treatment from a physical therapist without
referral from a doctor of medicine, osteopathy, dentistry, podiatry,
chiropractic, physician assistant, or certified registered nurse
practitioner, the physical therapist shall: (1) Disclose to
the patient, in writing, the scope and limitations of the practice of
physical therapy and obtain their consent in writing; and (2) Refer the
patient to a doctor of medicine, osteopathy, dentistry, podiatry, or
chiropractic within ninety (90) days after the date treatment commenced;
provided, that a physical therapist is not required to make this a referral
after treatment is concluded; (3) No physical
therapist who has less than one year clinical experience as a physical
therapist shall commence treatment on a patient without a referral from a
doctor of medicine, osteopathy, dentistry, podiatry, chiropractic, physician
assistant, or certified registered nurse practitioner. (c) For
purposes of this chapter and notwithstanding any other provisions of this
chapter or any rules or regulations adopted by the board, any person licensed
or registered under this chapter who is a bona fide employee or independent
contractor of a physician or a physician group entitled to wages and compensation
pursuant to such employment or contract, or is a co-owner of a physical
therapy practice with a physician group, shall not be deemed to be engaged in
conduct unbecoming a person licensed or registered under this chapter, or to
be engaged in conduct detrimental to the best interest of the public, or to
be in violation of any other provision of this chapter by virtue of any of
the above relationships, and shall not be subject to licensure denial,
suspension, revocation, or any other disciplinary action or penalty under
this chapter: (1) solely by
virtue of such employment or contract; or (2) solely by
virtue of the provision of physical therapy services pursuant to a referral
from the employing or contracting physician or physician group. Any such interest
referenced in this paragraph shall be in accordance with federal and state
law, specifically, including, but not limited to, chapter 5-48.1. |
|
110) |
Section |
Amending Chapter Numbers: |
|
|
5-44-1 |
303 and 416 |
|
|
|
5-44-1. Definitions. -- As used in this
chapter: (1)
"Academic psychologist" means a person employed by or associated
with a recognized college or university or other recognized institution who
is engaged in teaching, studying, or conducting research in the science of
psychology. (2)
"Board" means the board of psychology established by section
5-44-3. (3)
"Education" means the academic program pursued by a person in
obtaining a doctoral degree, that program to include formal course work,
seminars, and practica. (4)
"Licensed psychologist" means a person who has been licensed for
the practice of psychology under this chapter. "Psychologist" as
used in this chapter (5)
"Practice of psychology" means the rendering of professional
psychological services to individuals, groups, families, or any public or
private organization for remuneration. Professional psychological services
means applying established psychological principles, methods, or procedures for the purpose of
preventing or eliminating symptomatic, maladaptive or undesired behavior and
of enhancing interpersonal relationships, work and life adjustment, personal
effectiveness, and mental health. The practice of psychology includes, but is
not limited to: (i) Diagnoses
and treatment of emotional, mental or behavioral dysfunction, disorder or
disability, alcoholism and substance abuse disorders of habit or conduct, as
well as of the psychological aspects of physical illness, accident, injury,
or disability; (ii)
Psychological testing and evaluation of intelligence, personality, abilities,
interests, aptitudes, and neuropsychological functioning; (iii)
Psychoeducation evaluation, therapy, remediation and consultation; and (iv)
Counseling, psychotherapy, psychoanalysis, hypnotherapy, biofeedback and
behavior analysis and therapy. (6)
"Psychology student" (7)
"Training" means the pre-professional or professional supervised
experience received by the person at the pre or post-doctoral level, that
experience to have been obtained in an internship, clinic, or other similar
professional setting. (8)
"Department" means the (9) "Director"
means the director of the |
|
111) |
Section |
Amending Chapter Numbers: |
|
|
5-44-3 |
303 and 416 |
|
|
|
5-44-3. Board of psychology -- Creation -- Composition.
-- Within the |
|
112) |
Section
|
Amending Chapter
Numbers: |
|
|
5-44-4 |
303 and 416 |
|
|
|
5-44-4. Board of psychology -- Appointment,
terms, oath, and removal of members. -- (a) The director of the department of
health shall, with the approval of the governor, appoint five (5) electors as
members of the board. One member of the board shall be representative of the
public, and four (4) shall be psychologists (b) appointed and qualified. (c) The director |
|
113) |
Section
|
Amending Chapter
Numbers: |
|
|
5-44-5 |
303 and 416 |
|
|
|
5-44-5. Board of psychology -- Organization
and meetings. --
(a) The board shall organize immediately after the appointment and
qualification of its members. (b) The board shall
annually elect a chairperson and secretary. Meetings may be called by the
chairperson or the director of the department of health or by written request
of three (3) members of the board. |
|
114) |
Section
|
Amending Chapter Numbers: |
|
|
5-44-6 |
303 and 416 |
|
|
|
5-44-6. Board of psychology -- General powers.
--
The board of psychology shall: (1) Be
authorized to recommend to the director department has the power to issue subpoenas and
compel the attendance of witnesses and administer oaths to persons
giving testimony at hearings. |
|
115) |
Section |
Repealing Chapter Numbers: |
|
|
5-44-7 |
303 and 416 |
|
|
|
5-44-7. [Repealed.] |
|
116) |
Section |
Amending Chapter Numbers: |
|
|
5-44-8 |
303 and 416 |
|
|
|
5-44-8. Register of psychologists -- Licensing records --
Issuance of licenses. -- The |
|
117) |
Section |
Amending Chapter Numbers: |
|
|
5-44-9 |
303 and 416 |
|
|
|
5-44-9. Qualifications of psychologists. -- An applicant for
licensure shall submit to the board written evidence acceptable to the (1) Is of good
moral character; (2) Has
received a doctorate degree in psychology from a college or university whose
program of study for that degree at that time meets or exceeds the stated
requirements for approval by the American Psychological Association, or its
equivalent in terms of excellence of education and training, or a doctorate degree
in an allied field whose education and training requirements are substantially
similar to current American Psychological Association standards of
accreditation for the granting of a doctorate in psychology; (3) (4) Has passed
an examination conducted by the board to determine his or her qualification
for licensure as a psychologist, or is applying under the provisions of
section 5-44-11; |
|
118) |
Section |
Amending Chapter Numbers: |
|
|
5-44-11 |
303 and 416 |
|
|
|
5-44-11. Licensure without examination. -- (1) An
applicant who has been licensed or certified as a psychologist under the laws
of another state, United States territory, or foreign country where the
board determines that the requirements are substantially equivalent to
those of this state; or (2) A person
who has been certified after examination by the American Board of Examiners
in Professional Psychology, if the board determines that the examination is
substantially equivalent to, or exceeds, the requirements of the examination the board
|
|
119) |
Section |
Amending Chapter Numbers: |
|
|
5-44-12 |
303 and 416 |
|
|
|
5-44-12. Application fee. --
The applicant applying for |
|
120) |
Section |
Amending Chapter Numbers: |
|
|
5-44-13 |
303 and 416 |
|
|
|
5-44-13. (1) Filed an
application for licensure with all required supporting materials; (2) (3) (4) (5) (b) |
|
121) |
Section |
Amending Chapter Numbers: |
|
|
5-44-15 |
303 and 416 |
|
|
|
5-44-15. Expiration and renewal of licenses --
Continuing education -- Lapsed license. -- (a) The license of every person
licensed under the provisions of this chapter shall expire on the first day
of July (b) On or
before the first day of May (c) Every
licensed person who desires to renew his or her license shall file with the
(d) Every
licensed psychologist who desires to continue licensure as a licensed
psychologist shall present satisfactory evidence to the board and approved by
rule or regulation of the board that the licensed psychologist has completed
a prescribed course of continuing licensed psychological education. (e) Any person
who allows his or her license to lapse, by failing to renew it on or before
June 1st in each even-numbered year, as provided in this section, may
be reinstated by the an additional fee of forty dollars ($40.00). Any person using the title "psychologist" or offering services defined as the practice of psychology under this chapter during the time his or her license has lapsed is subject to the penalties provided for violation of this chapter. |
|
122) |
Section |
Amending Chapter Numbers: |
|
|
5-44-16 |
303 and 416 |
|
|
|
5-44-16. Transfers to inactive list --
Reinstatement. --
(a) A psychologist who does not intend to continue his or her licensure, upon
written request to the (b) Should |
|
123) |
Section |
Amending Chapter Numbers: |
|
|
5-44-18 |
303 and 416 |
|
|
|
5-44-18. Grounds for discipline. -- The board has the
power to deny, revoke, or suspend any (1) Is guilty
of fraud or deceit in procuring or attempting to procure a (2) Is guilty
of a felony or of a crime of immorality; (3) Is
habitually intemperate or is addicted to the use of habit-forming drugs; (4) Is mentally
incompetent; (5) (6) (7)
(8)
(9) Has failed to furnish the department or its legal representative information requested by the board as part of a disciplinary action. |
|
124) |
Section |
Amending Chapter Numbers: |
|
|
5-44-19 |
303 and 416 |
|
|
|
5-44-19. Procedure for discipline. -- (a) When a sworn
complaint is filed with the board charging a person with being guilty of any
of the actions specified in section 5-44-18, the (b) (1) If the
investigation reveals reasonable grounds for believing that the applicant or
psychologist is guilty of the charges, the board shall fix a time and place
for a hearing, and shall serve a copy of the charges, together with a notice
of the time and the place fixed for the hearing, personally upon the accused
at least twenty (20) days prior to the time fixed for the hearing. (2) When
personal service cannot be effected and that fact is certified by oath by any
person authorized to make service, the board shall publish once in each of
two (2) successive weeks, a notice of the hearing in a newspaper published in
the county where the accused last resided according to the records of the board
and shall mail a copy of the charges and of the notice to the accused at his
or her last known address. (3) When
publication of notice is necessary, the date of the hearing shall not be less
than twenty (20) days after the last date of publication of the notice. (c) (1) At the
hearing, the accused has the right to appear personally or by counsel or
both, to produce witnesses and evidence on his or her behalf, to
cross-examine witnesses, and to have subpoenas issued by the administrator of
professional regulation. (2) The
attendance of witnesses and the production of books, documents, and papers at
the hearing may be compelled by subpoenas issued by the (3) The (4) The board
is not bound by the strict rules of procedure or by the laws of evidence in
the conduct of its proceedings, but the determination shall be based upon
sufficient legal evidence to sustain it. (d) If the accused
is found guilty of the charges, the board may refuse to issue a registration
to the applicant, or may revoke or suspend his or her license, or discipline
that person. (e) Upon the
revocation or suspension of any license, the license holder shall surrender
the license to the (f) A revocation or
suspension of license may be reviewed at the discretion of the board, or at
the initiative of the |
|
125) |
Section |
Amending Chapter Numbers: |
|
|
5-44-20 |
303 and 416 |
|
|
|
5-44-20. Grounds for discipline without a
hearing. --
a hearing if the board finds that evidence in its possession indicates that a psychologist continuing in practice would constitute an immediate danger to the public. In the event that the board temporarily suspends the license of a psychologist without a hearing by the board, a hearing must be held within ten (10) days after the suspension has occurred. |
|
126) |
Section |
Amending Chapter Numbers: |
|
|
5-44-21 |
303 and 416 |
|
|
|
5-44-21. Penalty for violations. -- (a) It is a
misdemeanor for any person, in offering his or her services to the public,
to: (1) Use in
connection with his or her name any designation tending to imply that he or
she is a psychologist, or any description of services tending to imply that
he or she is engaged in the practice of psychology or to render services
defined as the practice of psychology, unless licensed or exempted under the provisions of
this chapter; (2) Use in
connection with his or her name any designation tending to imply that he or
she is a psychologist, or to render services defined as the practice of
psychology, during the time his or her license issued under the provision of
this chapter is suspended or revoked; (3) Otherwise
violate any of the provisions of this chapter or the rules and regulations
promulgated hereunder. (b) All these misdemeanors shall be punishable by a fine of not more than five hundred dollars ($500) for each offense. |
|
127) |
Section |
Amending Chapter Numbers: |
|
|
5-44-22 |
303 and 416 |
|
|
|
5-44-22. Injunction of violations. --
When it appears to the board that any person is violating any of the
provisions of this chapter, the director |
|
128) |
Section |
Amending Chapter Numbers: |
|
|
5-44-23 |
303 and 416 |
|
|
|
5-44-23. Persons and practices exempt. -- (a) No provisions of
this chapter shall be construed to prevent members of other recognized
professions that are licensed, certified, or regulated for independent
practice of that profession under the laws of this state from rendering services consistent with their professional
training and code of ethics; provided, that they do not represent themselves
to be psychologists. Recognized members of the clergy shall not be restricted
from functioning in their ministerial capacity; provided, that they do not
represent themselves to be psychologists. (b) Nothing in
this chapter shall be construed to prohibit teachers, guidance personnel,
social workers, and school psychologists in public or private school, from
full performance of their duties; nor to prohibit the use of psychological
techniques by business or industrial organizations or companies for
employment, placement, evaluation, promotion, or job adjustment of their own
officers or employees. (c) Nothing in
this section shall be construed as prohibiting the use of consultants who are
defined as qualified mental retardation professionals under the code of
federal regulations (CFR) 42, section 483.430, by facilities licensed as
intermediate care facilities for people who are mentally retarded by the
department of mental health, retardation and hospitals. (d) Nothing in
this chapter shall be construed as permitting the licensed psychologist to
practice medicine as defined by the laws of this state. (e) Nothing in
this section shall be construed as permitting those persons identified in
subsections (b) and (f) of this section to offer their services to any
persons or organizations other than those listed in subsection (f) of this
section as consultants or to accept remuneration for any psychological
services other than that of their institutional salaries or fees unless they
have been licensed under this chapter or exempted under subsection (a) of
this section. (f) Nothing in
this chapter limits the professional pursuits of any non-licensed
psychologists, psychology students, psychology trainees, or persons rendering
psychological services as an employee of a licensed hospital, accredited
educational institution, authorized community mental health clinic or center,
government or medical agency, while functioning under the title conferred
upon him or her by the administration of any hospital, educational
institution or agency. (g) Those
organizations listed in subsection (f) of this section include all
facilities, agencies, or institutions regulated and/or licensed by the
department of health, the department of elementary and secondary education,
the department of children, youth and families and the department of mental
health, retardation and hospitals. (h) A psychologist
licensed or certified in another state, or |
|
129) |
Section |
Amending Chapter Numbers: |
|
|
5-44-24 |
303 and 416 |
|
|
|
5-44-24. Enforcement. --
The director |
|
130) |
Section |
Amending Chapter Numbers: |
|
|
5-44-26 |
303 and 416 |
|
|
|
5-44-26. Appeals from director and board.
-- Any person aggrieved by
any decision or ruling of the director |
|
131) |
Section |
Repealing
Chapter Numbers: |
|
|
5-52-1 |
20 and 23 |
|
|
|
5-52-1. [Repealed.] |
|
132) |
Section |
Repealing
Chapter Numbers: |
|
|
5-52-2 |
20 and 23 |
|
|
|
5-52-2.
[Repealed.] |
|
133) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-2.1 |
20 and 23 |
|
|
|
5-52-2.1. [Repealed.] |
|
134) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-3 |
20 and 23 |
|
|
|
5-52-3. [Repealed.] |
|
135) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-4 |
20 and 23 |
|
|
|
5-52.4. [Repealed.] |
|
136) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-4.1 |
20 and 23 |
|
|
|
5-52-4.1. [Repealed.] |
|
137) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-4.2 |
20 and 23 |
|
|
|
5-52-4.2. [Repealed.] |
|
138) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-4.3 |
20 and 23 |
|
|
|
5-52-4.3. [Repealed.] |
|
139) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-5 |
20 and 23 |
|
|
|
5-52-5. [Repealed.] |
|
140) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-6 |
20 and 23 |
|
|
|
5-52-6. [Repealed.] |
|
141) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-6.1 |
20 and 23 |
|
|
|
5-52-6.1. [Repealed.] |
|
142) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-7 |
20 and 23 |
|
|
|
5-52-7. [Repealed.] |
|
143) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-7.1 |
20 and 23 |
|
|
|
5-52-7.1. [Repealed.] |
|
144) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-7.2 |
20 and 23 |
|
|
|
5-52-7.2. [Repealed.] |
|
145) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-7.3 |
20 and 23 |
|
|
|
5-52-7.3. [Repealed.] |
|
146) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-8 |
20 and 23 |
|
|
|
5-52-8. [Repealed.] |
|
147) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-9 |
20 and 23 |
|
|
|
5-52-9. [Repealed.] |
|
148) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-10 |
20 and 23 |
|
|
|
5-52-10. [Repealed.] |
|
149) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-11 |
20 and 23 |
|
|
|
5-52-11. [Repealed.] |
|
150) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-12 |
20 and 23 |
|
|
|
5-52-12. [Repealed.] |
|
151) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-13 |
20 and 23 |
|
|
|
5-52-13. [Repealed.] |
|
152) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-14 |
20 and 23 |
|
|
|
5-52-14. [Repealed.] |
|
153) |
Section |
Repealing Chapter Numbers: |
|
|
5-52-15 |
20 and 23 |
|
|
|
5-52-15. [Repealed.] |
|
154) |
Section |
Adding Chapter Numbers: |
|
|
5-81 |
242 and 312 |
|
|
|
CHAPTER 81 TRUTH IN MUSIC ADVERTISING ACT |
|
155) |
Section |
Adding Chapter Numbers: |
|
|
5-81-1 |
242 and 312 |
|
|
|
5-81-1. Short title. – This act shall be known and may be cited as the "Truth in Music Advertising Act." |
|
156) |
Section |
Adding Chapter Numbers: |
|
|
5-81-2 |
242 and 312 |
|
|
|
5-81-2. Definitions. – The following
words and phrases when used in this act shall have the meanings given to them
in this chapter unless the context clearly indicates otherwise: (1)
"Performing group" means a vocal or instrumental group seeking to
use the name of another group that has previously released a commercial sound
recording under that name. (2)
"Recording group" means a vocal or instrumental group at least one
of whose members has previously released a commercial sound recording under
that group's name and in which the member or members have a legal right by
virtue of use or operation under the group name without having abandoned the
name or affiliation with the group. (3) "Sound recording" means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a disk, tape or other phono-record, in which the sounds are embodied. |
|
157) |
Section |
Adding Chapter Numbers: |
|
|
5-81-3 |
242 and 312 |
|
|
|
5-81-3. Production. – It shall be
unlawful for any person to advertise or conduct a live musical performance or
production in this state through the use of a false, deceptive or misleading
affiliation, connection or association between a performing group and a
recording group. This section does not apply if any of the following apply: (1) The performing
group is the authorized registrant and owner of a federal service mark for
that group registered in the (2) At least
one member of the performing group was a member of the recording group and
has a legal right by virtue of use or operation under the group name without
having abandoned the name or affiliation with the group. (3) The live
musical performance or production is identified in all advertising and
promotion as a salute or tribute. (4) The
advertising does not relate to a live musical performance or production
taking place in this state. (5) The performance or
production is expressly authorized by the recording group. |
|
158) |
Section |
Adding Chapter Numbers: |
|
|
5-81-4 |
242 and 312 |
|
|
|
5-81-4. Restraining prohibited acts -- Injunction. – Whenever the attorney general has a reason to believe that any person is advertising or conducting or is about to advertise or conduct a live musical performance or production in violation of section 5-81-3 and that proceedings would be in the public interest, the attorney general may bring an action against the person to restrain, by temporary or permanent injunction, that practice. |
|
159) |
Section |
Adding Chapter Numbers: |
|
|
5-81-5 |
242 and 312 |
|
|
|
5-81-5. Payment of costs and restitution. – Whenever any court
issues a permanent injunction to restrain and prevent violations of this act
as authorized in section 5-81-4, the court may in its discretion direct that
the defendant restore to any person in interest any moneys or property real or personal, which may have been acquired
by means of any violation of this act, under terms and conditions to be
established by the court. |
|
160) |
Section |
Adding Chapter Numbers: |
|
|
5-81-6 |
242 and 312 |
|
|
|
5-81-6. Penalty. – Any person who violates the provisions of section 5-81-3 is liable to the state for a civil penalty of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000) per violation, which civil penalty shall be in addition to any other relief which may be granted under sections 5-81-4 and 5-81-5. Each performance or production declared unlawful by section 5-81-3 shall constitute a separate violation. |
|
161) |
Section |
Amending Chapter Numbers: |
|
|
6-13.1-28 |
381 and 390 |
|
|
|
6-13.1-28. Financing of motor vehicles -- Term
and rate of interest prominently displayed.-- (a) Any contract to
finance the sale of a motor vehicle shall prominently display the term and
rate of interest. (b) The
borrower's initials or signature shall appear immediately adjacent to the
term and to the rate of interest on the loan agreement which shall only serve
as an acknowledgement that the borrower has been informed of the terms and
rate. The borrower shall also be required to separately sign the loan
agreement to bind themselves to the contract. (c) Any agreement to finance a motor vehicle that does not comply with the provision of this section shall be voidable within thirty (30) days at the option of the borrower, provided however the borrower shall be responsible for any damage to the vehicle. |
|
162) |
Section |
Amending Chapter Numbers: |
|
|
6-50-2 |
347 and 373 |
|
|
|
6-50-2. Definitions. -- In this chapter: (1)
"Community of interest" means a continuing financial interest
between the grantor and the grantee in either the operation of the dealership
business or the marketing of such goods or services; (2)
"Dealer" means a person who is a grantee of a dealership situated
in this state; (3)
"Dealership" means any of the following: (i) A contract
or agreement, either expressed or implied, whether oral or written, between
two (2) or more persons, by which a person is granted the right to sell or
distribute goods or services, or use a trade name, trademark, service mark,
logotype, advertising or other commercial symbol, in which there is a
community of interest in the business of offering, selling or distributing
goods or services at wholesale, retail, by lease, agreement or otherwise. (3)
"Good cause" means failure by the dealer to comply with the
reasonable requirements imposed by the grantor or any of the reasons listed
in subdivisions 6-50-4(a)(1) through (a)(6). (5)
"Grantor" means a person who grants a
dealership; (6) "Person" means a natural person, partnership, joint venture, corporation or other entity. |
|
163) |
Section |
Amending Chapter Numbers: |
|
|
6-50-3 |
347 and 373 |
|
|
|
6-50-3. Purposes; rules of construction;
variation by contract. -- (a) This chapter shall be liberally construed and applied
to promote its underlying remedial purposes and policies. (b) The
underlying purposes and policies of this chapter are: (1) To promote
the compelling interest of the public in fair business relations between
dealers and grantors, and in the continuation of dealerships on a fair basis; (2) To protect
dealers against unfair treatment by grantors (3) To provide
dealers with rights and remedies in addition to those existing by contract or
common law; (4) To govern
dealerships, including any renewals or amendments, to the full extent
consistent with the constitutions of this state and the (c) The effect of this chapter may not be varied by contract or agreement. Any contract or agreement purporting to do so is void and unenforceable to that extent only. |
|
164) |
Section |
Amending Chapter Numbers: |
|
|
6-50-4 |
347 and 373 |
|
|
|
6-50-4.
Notice of termination or change in dealership. –
termination,
cancellation, or nonrenewal
convicted
of a felony offense related to the business conducted pursuant to the
dealership; (3) engages in any substantial act which tends to materially
impair the goodwill of the grantor's trade name, trademark, service mark,
logotype or other commercial symbol; (4) makes a material misrepresentation
of fact to the grantor relating to the dealership; (5) attempts to transfer
the dealership (or a portion thereof) without authorization of the grantor;
or (6) is insolvent, files or suffers
to be filed against it any voluntary or involuntary bankruptcy petition, or
makes an assignment for the benefit of creditors or similar disposition of
assets of the dealer business. (b)
If the reason for termination, cancellation, or nonrenewal such
default from the date of (c) If the reason for termination, cancellation or nonrenewal is for violation of any law, regulation or standard relating to public health or safety the dealer shall be entitled to immediate written notice and shall have twenty-four (24) hours to cure such violation. |
|
165) |
Section |
Amending Chapter Numbers: |
|
|
6-50-6 |
347 and 373 |
|
|
|
6-50-6. Application to arbitration agreements. --
This chapter shall not apply to provisions for the binding arbitration of
disputes contained in a dealership agreement, if the criteria for determining
whether good cause existed for a termination, cancellation, or
nonrenewal |
|
166) |
Section |
Amending Chapter Numbers: |
|
|
6-50-7 |
347 and 373 |
|
|
|
6-50-7. Action for damages and injunctive
relief. --
If any grantor violates this chapter, a dealer may bring an action against
such grantor in any court of competent jurisdiction for damages sustained by
the dealer as a consequence of the grantor's violation, together with the actual costs of the action, including reasonable actual
attorneys' fees, and the dealer also may be granted injunctive relief against
unlawful termination, cancellation, or nonrenewal |
|
167) |
Section |
Amending Chapter Numbers: |
|
|
6-50-9 |
347 and 373 |
|
|
|
6-50-9. Nonapplicability. --
This chapter shall not apply to |
|
168) |
Section |
Amending Chapter Numbers: |
|
|
6-51-1 |
115 and 217 |
|
|
|
6-51-1. Legislative findings. -- The general assembly
finds and declares that: (a) (b) If the
consumer is unable to cure such a default and the lessor or secured party
repossesses the automobile, the repossession cannot take place on the
property owned or rented by the consumer without their consent except as
provided by this chapter or by judicial action. In the event of
repossession a consumer is allowed to redeem the automobile within the time
provided by this chapter. (c) The lessor
or secured party who holds title to the automobile shall be allowed to
dispose of the automobile after repossession in order to recover the fair
market value of the vehicle and expenses from the repossession according to
the provisions of this chapter and any other applicable laws of this state. |
|
169) |
Section |
Amending Chapter Numbers: |
|
|
6-51-3 |
115 and 217 |
|
|
|
6-51-3. Default, notice, right to cure,
reinstatement. --
(a) The default provisions of a consumer automobile lease or automobile loan
agreement are enforceable only to the extent that: (1) The
consumer does not make one or more payments required by the lease or loan
agreement; or (2) The lessor
or secured party establishes that the prospect of payment, performance or
realization of the lessor's or secured party's interest in the automobile is
significantly impaired. (b) After a
default under an automobile lease or loan agreement by the consumer the
lessor or secured party may not and the consumer does not cure the default in
the time allowed under this section. A lessor or secured party may initiate a
procedure be (c) The notice
shall be in writing and shall conspicuously state the rights of the consumer
upon default in substantially the following form: The heading
shall read: "Rights of Defaulting consumer under Rhode Island General
Laws." The body of the notice shall read: "You may cure your
default in (describe automobile lease or loan agreement in a manner enabling
the consumer to identify it) by paying to (name and address of lessor or
secured party) (amount due) before (date which is at least twenty-one (21)
days after notice is delivered). If you pay this amount within the time
allowed you are no longer in default and may continue with the automobile
(lease or loan) agreement as though no default has occurred. If you do not
cure your default by the date stated above, (the lessor or secured party) may
sue you to obtain a judgment for the amount of the debt If (the lessor
or secured party) takes possession of the automobile, you may get it back by
paying the full amount of your debt plus any reasonable expenses incurred by
(the lessor or secured party) if you make the required payment within twenty
(20) days after (the lessor or secured party) takes possession. If (secured
party) sells the vehicle repossessed from the consumer for an amount
exceeding the amount outstanding on the automobile (loan) agreement including
reasonable expenses related to judicial action and or repossession, the
excess funds shall be returned promptly to the defaulting consumer. You have the
right to cure a default only once in any twelve (12) month period during the
period of the automobile (lease or loan) agreement. If you default again
within the next twelve (12) months in making your payments, we may exercise
our rights without sending you another right to cure notice. If you have
questions, telephone name of lessor or secured party) at (phone
number).” (d) Within the
period for cure stated in the notice under this section, the consumer may
cure the default by tendering the amount of all unpaid sums due at the time
of tender, including hout additional security deposit or prepayment of period
payments not yet due. Cure restores the rights of the lessor or secured party
and consumer under the automobile loan or lease agreement as if the default
had not occurred. (e) A consumer has the right to cure only once
in any twelve (12) month period during the period of the
automobile lease or loan agreement. |
|
170) |
Section |
Amending Chapter Numbers: |
|
|
7-1-7.1 |
57 and 123 |
|
|
|
7-1-7.1. Filings to be originals. -- Filings made under
this title at the secretary of state's office are considered original and
valid
|
|
171) |
Section |
Amending Chapter Numbers: |
|
|
7-1.2-105 |
57 and 123 |
|
|
|
7-1.2-105. Execution, filing and recording of
instruments. --
(a) Whenever any instrument is to be filed with the secretary of state or in
accordance with this chapter, the instrument must be executed as follows: (1) The
articles of incorporation, and any other instrument to be filed before the
election of the initial board of directors if the initial directors were not
named in the articles of incorporation, must be signed by the incorporator or
incorporators (or, in the case of any such other instrument, such incorporator's or
incorporators' successors and assigns). (2) All other
instruments must be signed: (i) By any
authorized officer of the corporation; or (ii) If it
appears from the instrument that there are no authorized officers, then by a
majority of the directors or by the director or directors authorized by a
majority of the directors; or (iii) If it
appears from the instrument that there are no authorized officers or
directors, then by the holders of record of all outstanding shares, or by
those holders of record designated by a majority of all outstanding shares;
or (b) Whenever
this chapter requires any instrument to be acknowledged, such requirement is
satisfied by either: (1) The formal
acknowledgment by any individual signing the instrument that it is his or her
act and deed or the act and deed of the corporation, and that the facts
stated therein are true. This acknowledgment must be made before a
individual who is authorized by the law of the place of execution to take
acknowledgment; or (2) The
signature, without more, of the individual or individuals signing the
instrument, in which case such signature or signatures constitutes the
affirmation or acknowledgment of the signatory, under penalties of perjury,
that the instrument is that individual's act and deed or the act and deed of
the corporation, and that the facts stated therein are true. (c) Whenever
any instrument is to be filed with the secretary of state or in accordance
with this section or chapter, such requirement means that: (1) The signed
instrument must be delivered to the office of the secretary of state in
either paper format or electronic transmission or another medium authorized
by the secretary of state; (2) All taxes
and fees authorized by law to be collected by the secretary of state in
connection with the filing of the instrument must be tendered to the
secretary of state; and (3) Upon
delivery of the instrument, the secretary of state shall record the date and
time of its delivery. Upon such delivery and tender of the required taxes and
fees, the secretary of state shall certify that the instrument has been filed
in the secretary of state's office by endorsing upon the signed instrument
the word "Filed", and the date and time of its filing. This
endorsement is the "filing date" of the instrument, and is
conclusive of the date and time of its filing in the absence of actual fraud. (d) Any
instrument filed in accordance with subsection (c) of this section is
effective upon its filing date. Any instrument may provide that it is not to
become effective until a specified time subsequent to the time it is filed,
but not later than the 90th day after the date of its filing. (e) If another
section of this chapter specifically prescribes a manner of executing, acknowledging
or filing a specified instrument or a time when that instrument becomes
effective which differs from the corresponding provisions of this section,
then such other section governs. (f) Whenever
any instrument authorized to be filed with the secretary of state under any
provision of this chapter, has been so filed and is an inaccurate record of
the corporate action therein referred to, or was defectively or erroneously
executed, sealed or acknowledged, the instrument may be corrected by filing
with the secretary of state a certificate of correction of the instrument
which must be executed, acknowledged and filed in accordance with this
section. The certificate of correction must specify the inaccuracy or defect
to be corrected and set forth the portion of the instrument in corrected
form. The corrected instrument must be specifically designated as such in its
heading, specify the inaccuracy or defect to be corrected, and set forth the entire instrument in corrected form. An
instrument corrected in accordance with this section is effective as of the
date the original instrument was filed, except as to those individuals who
are substantially and adversely affected by the
correction and as to those individuals the instrument as corrected is effective
from its filing date. (g)
Notwithstanding that any instrument authorized to be filed with the secretary
of state under this chapter is when filed inaccurately, defectively or
erroneously executed, sealed or acknowledged, or otherwise defective in any
respect, the secretary of state has no liability to any individual for the
preclearance for filing, the acceptance for filing or the filing and indexing
of such instrument by the secretary of state. (h) Any signature on any instrument authorized to be filed with the secretary of state under this chapter may be a facsimile or an electronically transmitted signature. |
|
172) |
Section |
Amending Chapter Numbers: |
|
|
7-1.2-106 |
57 and 123 |
|
|
|
7-1.2-106. Definitions. -- As used in this
chapter: (1)
"Articles of incorporation" means the original or restated articles
of incorporation and all of their amendments including agreements of merger. (2)
"Authorized shares" means the shares of all classes which the
corporation is authorized to issue. (3)
"Corporation" or "domestic corporation" means a
corporation for profit subject to the provisions of this chapter, except a
foreign corporation. (4)
"Delivering/Delivered" means either physically transferring a paper
document to the secretary of state or transferring a document to the
secretary of state by electronic transmission through a medium provided and
authorized by the secretary of state. (7)
"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. (16)
"Signature" or "Signed" or "Executed" means an
original signature, facsimile, or an electronically transmitted signature
submitted through a medium provided and authorized by the |
|
173) |
Section |
Amending Chapter Numbers: |
|
|
7-6-2 |
57 and 123 |
|
|
|
7-6-2. Definitions. -- As used in this
chapter, unless the context otherwise requires, the term: (1)
"Articles of incorporation" means the original or restated articles
of incorporation or articles of consolidation and all amendments to it,
including articles of merger and special acts of the general assembly
creating corporations. (2) "Board
of directors" means the group of persons vested with the management of
the affairs of the corporation (including, without being limited to, a board
of trustees) regardless of the name by which the group is designated. (3)
"Bylaws" means the code or codes of rules adopted for the
regulation or management of the affairs of the corporation regardless of the
name or names by which the rules are designated. (4) "Corporation"
or "domestic corporation" means a nonprofit corporation subject to
the provisions of this chapter, except a foreign corporation. (5)
"Delivering/Delivered" means either physically transferring a paper
document to the secretary of state or transferring a document to the
secretary of state by electronic transmission through a medium provided and
authorized by the secretary of state. (7)
"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. (13)
"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. (14)
"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. |
|
174) |
Section |
Amending Chapter Numbers: |
|
|
7-11-206 |
32 and 73 |
|
|
|
7-11-206. Licensing and notice fees; and
filing requirements for federal covered advisers. -- (a) A federal covered
adviser or an applicant for licensing shall pay an annual fee as follows: (1) Broker
dealer two hundred and fifty dollars ($250) and for each branch office one
hundred dollars ($100); (2) Sales
representative fifty dollars ($50.00); (3) Investment
adviser two hundred and fifty dollars ($250); and (4) Investment
adviser representative fifty dollars ($50.00). (5) Federal covered
adviser two hundred and fifty dollars ($250). (b) Except with
respect to federal covered advisers whose only clients are those described in
section 7-11-204(1)(i), a federal covered adviser shall file any documents
filed with the U.S. Securities and Exchange Commission with the director,
that the director requires by rule or order, together with any notice fee and
consent to service of process that the director requires by rule or order.
The notice filings under this subsection expire annually on December 31,
unless renewed. (c) A notice
filing under this section is effective from receipt until the end of the
calendar year. A notice filing may be renewed by filing any documents that
have been filed with the U.S. Securities and Exchange Commission as required
by the director along with a renewal fee of two hundred fifty dollars ($250). (d) A federal
covered adviser may terminate a notice filing upon providing the director
notice of the termination, which is effective upon receipt by the director. (e)
Notwithstanding the provisions of this section, until October 11, 1999, the
director may require the registration as an investment adviser of any federal
covered adviser who has failed to promptly pay the fees required by this
section after written notification from the director of the non-payment or underpayment of the
fees. A federal covered adviser is considered to have promptly paid the fees
if they are remitted to the director within fifteen (15) days following the
federal covered adviser's receipt of written notice from the director. (f) For purposes
of this section, "branch office" means any location where one or
more associated persons of a broker-dealer regularly conducts the business of
effecting any transactions in, or inducing or attempting to induce the
purchase or sale of any security, or is held out as such, excluding: (1) Any
location that is established solely for customer service and/or back office
type functions where no sales activities are conducted and that is not held
out to the public as a branch office; (2) Any
location that is the associated person's primary residents; provided that: (i) Only one
associated person, or multiple associated persons who reside at that location
and are members of the same immediate family, conduct business at the
location; (ii) The
location is not held out to the public as an office and the associated person
does not meet with customers at the location; (iii) Neither
customer funds nor securities are handled at that location; (iv) The
associated person is assigned to a designated branch office, and such
designated branch office is reflected on all business cards, stationery,
advertisements and other communications to the public by such associated
person; (v) The associated
person's correspondence and communications with the public are subject to the
firm's supervision in accordance with Rule 3010 of the Financial Industry
Regulatory Authority; (vi)
Electronic communications are made through the broker-dealer's electronic
system; (vii) All
orders are entered through the designated branch office or an electronic
system established by the broker-dealer that is reviewable at the branch
office; (viii)
Written supervisory procedures pertaining to supervision of sales activities
conducted at the residence are maintained by the broker-dealer; and (ix) A list
of the residence locations is maintained by the broker-dealer; (3) Any
location, other than a primary residence, that is used for securities business
for less than thirty (30) business days in any one calendar year, provided
the broker-dealer complies with the provisions of paragraph (f)(2)(i) through
(ix) above; (4) Any
office of convenience, where associated person occasionally and exclusively
by appointment meet with customers, which is not held out to the public as an
office. (5) Any
location that is used primarily to engage in non-securities activities and
from which the associated person(s) effects no more than twenty-five (25) securities
transactions in any one calendar year; provided that any advertisement or
sales literature identifying such location also sets forth the address and
telephone number of the location from which the associated person(s)
conducting business at the non-branch locations are directly supervised; (6) The floor
of a registered national securities exchange where a broker-dealer conducts a
direct access business with public customers. (7) A
temporary location established in response to the implementation of a
business continuity plan. (8)
Notwithstanding the exclusions in paragraph (f), any location that is
responsible for supervising the activities of persons associated with the
broker-dealer at one or more non-branch locations of the broker-dealer is
considered to be a branch office. (9) The term
"business day" as used in subsection 7-11-206(f) shall not include
any partial business day provided that the associated person spends at least
four (4) hours on such business day at his or her designated branch office
during the hours that such office is normally open for business. (10) Where
such office of convenience is located on bank premises, signage necessary to
comply with applicable federal and state laws, rules and regulations and applicable
rules and regulations of the New York Stock Exchange, other self-regulatory
organizations, and securities and banking regulators may be displayed and
shall not be deemed "holding out" for purposes of subdivision
7-11-206(f)(iv). (g) If an
application is denied or withdrawn or the license is revoked, suspended, or
withdrawn, the director is not required to refund the fee paid. (h) The director may issue a stop order suspending the activities of a federal covered adviser in this state if the director reasonably believes there has been a violation of the provisions of this section. |
|
175) |
Section |
Amending Chapter Numbers: |
|
|
7-13-1 |
57 and 123 |
|
|
|
7-13-1. Definitions. -- As used in this
chapter, unless the context otherwise requires: (1)
"Certificates of limited partnership" means the certificate
referred to in section 7-13-8 and the certificate as amended or restated. (2)
"Contribution" means any cash, property, services rendered, or a
promissory note or other binding obligation to contribute cash or property or
to perform services, which a partner contributes to a limited partnership in
his or her capacity as a partner. (3)
"Delivering/Delivered" means either physically transferring a paper
document to the secretary of state or transferring a document to the
secretary of state by electronic transmission through a medium provided and
authorized by the secretary of state. (5)
"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. (i) May provide
that a person is admitted as a limited partner of a limited partnership, or
becomes an assignee of a partnership interest or other rights or powers of a
limited partner to the extent assigned, and becomes bound by the partnership
agreement, (A) If the
person (or a representative authorized by the person orally, in writing, or
by other action such as payment for a partnership interest) executes the
partnership agreement or any other writing evidencing the intent of the
person to become a limited partner or assignee, or (B) Without
execution, if the person (or a representative authorized by the person
orally, in writing, or by other action such as payment for a partnership
interest) complies with the conditions for becoming a limited partner or
assignee as stated in the partnership agreement or any other writing and requests (orally, in
writing, or by other action such as payment for a partnership interest) that
the records of the limited partnership reflect the admission or assignment,
and (ii) Is not be
unenforceable by reason of its not having been signed by a person being
admitted as a limited partner or becoming an assignee as provided in
subdivision (9) (i), or by reason of its having been signed by a
representative as provided in this title. (15)
"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. (16)
"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. |
|
176) |
Section |
Amending Chapter Numbers: |
|
|
7-16-2 |
57 and 123 |
|
|
|
7-16-2. Definitions. -- As used in this
chapter, unless the context otherwise requires: (1)
"Articles of organization" means documents filed under section
7-16-5 for the purpose of forming a limited liability company. (2)
"Authorized person" means a person, whether or not a member, who is
authorized by the articles of organization, by an operating agreement, or
otherwise, to act on behalf of a limited liability company or foreign limited
liability company as an officer, manager or otherwise. (3) "Bankruptcy"
means a proceeding under the United States Bankruptcy Code or under state
insolvency or receivership law. (4)
"Business" means any trade, occupation or other commercial activity
engaged in for gain, profit or livelihood for which a corporation can be
organized under chapter 1.2 of this title. (5)
"Capital contribution" means any cash, property, services rendered,
or a promissory note or other binding obligation to contribute cash or
property or to perform services which a member contributes to a limited
liability company in his or her capacity as a member. (6)
"Capital value" means the fair market value in each case as of the
date contributed of a member's capital contributions, including a
contribution of services previously performed or a contribution of a binding
obligation to perform services, reduced by distributions made to the member. (7)
"Constituent entity" means each limited liability company, limited
partnership or corporation which is a party to a plan of merger or
consolidation. (8)
"Corporation" means a business corporation formed under chapter 1.2
of this title or a foreign corporation. (9)
"Court" includes every court and judge having jurisdiction in the
case. (10)
"Delivering/Delivered" means either physically transferring a paper
document to the secretary of state or transferring a document to the
secretary of state by electronic transmission through a medium provided and
authorized by the secretary of state. (11)
"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. company's assets, and any right to vote or
participate in management of the limited liability company. that has only one member and may include as a
party one or more managers who are not members. (25)
"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. (26)
"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. |
|
177) |
Section |
Amending Chapter Numbers: |
|
|
7-16-5 |
57 and 123 |
|
|
|
7-16-5. Formation. -- (a) One or more
persons may form a limited liability company by delivering or causing to be
delivered
(b) When the secretary of state accepts the articles of organization for
filing and issues the certificate of organization, the limited liability
company is formed under the name and subject to the conditions and provisions
stated in its articles of organization. |
|
178) |
Section |
Amending Chapter Numbers: |
|
|
8-3-8.2 |
229 and 321 |
|
|
|
8-3-8.2. No
incremental retirement benefit for temporary service as chief justice,
presiding justice or chief judge. -- No increment in salary resulting from |
|
179) |
Section |
Amending Chapter Numbers: |
|
|
8-8.2-2 |
1 and 100 |
|
|
|
8-8.2-2. Jurisdiction. -- (a) Notwithstanding
any inconsistent provision of law, all probationary license hearings as
provided in section 31-10-26, all violations of the department of
transportation, department of environmental management or board of governors
for higher education regulations regarding parking, standing, or stopping in
areas under the jurisdiction of said agencies, all violations of state
statutes relating to motor vehicles, littering and trafficed in places within
the exclusive jurisdiction of the United States, and except driving so as to
endanger resulting in death, driving so as to endanger resulting in personal
injury, driving while under the influence of liquor or drugs, driving while
under the influence of liquor or drugs resulting in death, driving while
under the influence of liquor or drugs resulting in serious bodily injury,
reckless driving and other offenses against public safety as provided in
section 31-27-4, eluding a law enforcement officer with a motor vehicle in a
high speed pursuit, driving after denial, suspension or revocation of
license, and leaving the scene of an accident in violation of section 31-26-1
and section 31-26-2, and driving without the consent of the owner and possession
of a stolen motor vehicle in violation of section 31-9-1 and section 31-9-2,
shall be heard and determined by the traffic tribunal pursuant to the
regulations promulgated by the chief magistrate of the traffic tribunal;
provided, however, the traffic tribunal shall not hear any parking, standing
or stopping violations which occur in any city or town which has established
its own municipal court and has jurisdiction over such violations. Nothing
contained herein shall abrogate the powers of the (b)
Notwithstanding any inconsistent provision of law, the traffic tribunal shall
have concurrent jurisdiction to hear and determine, pursuant to rules and
regulations promulgated by the chief magistrate of the traffic tribunal, all
violations of any ordinances, rules and regulations governing the public
waters and the speed, management and control of all vessels and the size,
type and location and use of all anchorages and moorings within the
jurisdiction of the towns of North Kingstown, South Kingstown, Portsmouth,
Middletown, Narragansett and Tiverton enforced and supervised by the
harbormaster and referred to the traffic tribunal, and the terms
"traffic violations" and "traffic infraction" when used
in this chapter shall include the aforesaid violations and such violations
shall be adjudicated in accordance with the provisions of this chapter.
Nothing contained herein shall abrogate the powers of the (c)
Notwithstanding any inconsistent provision of law, the traffic tribunal shall
have jurisdiction to hear and determine, pursuant to rules and regulations
promulgated by the chief 12, 20-11-20, 20-16-17, 23-22.5-9, 32-2-4 and
subsection 46-22-19(1) as set forth in section 42-17.10-1. (d) A party aggrieved by a final order of the traffic tribunal appeals panel shall be entitled to a review of the order by a judge of the district court. Unless otherwise provided in the rules of procedure of the district court, such review shall be on the record and appellate in nature. The district court shall by rules of procedure establish procedures for review of an order entered by the appeals panel of the traffic tribunal. |
|
180) |
Section |
Amending Chapter Numbers: |
|
|
8-16.1-2 |
359 and 447 |
|
|
|
8-16.1-2. Judicial nominating commission. -- (a) There is hereby established
an independent nonpartisan judicial nominating commission which shall consist
of nine (9) members, all of whom shall be residents of the state of Rhode
Island, and who shall be appointed as follows: (1) Within
seven (7) days after June 2, 1994: (i) The speaker
of the house of representatives shall submit to the governor a list of at
least three (3) attorneys; (ii) The
president of the senate shall submit to the governor a list of at least three
(3) persons who may be attorneys and/or members of the public; (iii) The
speaker of the house of representatives and the president of the senate shall
jointly submit to the governor a list of four (4) members of the public; (iv) The
minority leader of the house of representatives shall submit to the governor
a list of at least three (3) members of the public; and (v) The
minority leader of the senate shall submit to the governor a list of at least
three (3) members of the public. (2) Within
fourteen (14) days after June 2, 1994, the governor shall appoint to the
commission: (i) One person
from each of the lists submitted in accordance with subsection (a)(1) of this
section; (ii) Three (3)
attorneys, without regard to any of the lists; and (iii) One member
of the public, without regard to any of the lists. (3) The
governor and the nominating authorities hereunder shall exercise reasonable
efforts to encourage racial, ethnic, and gender diversity within the
commission. (b) Members of
the commission shall serve for terms of four (4) years, except that, of the
members first appointed: (1) The
individual appointed from the list submitted by the minority leader of the
house of representatives and one of the attorneys appointed by the governor
without regard to any of the lists shall serve for one year; (2) The
individual appointed from the list submitted by the minority leader of the
senate and one of the attorneys appointed by the governor without regard to
any of the lists shall serve for two (2) years; (3) The
individual appointed from the list submitted jointly by the speaker of the
house of representatives and by the president of the senate and the member of
the public appointed by the governor without regard to any of the lists shall
serve for three (3) years; and (4) The
individuals appointed from the lists submitted by the president of the senate
and by the speaker of the house of representatives and one of the attorneys
appointed by the governor without regard to any of the lists shall serve
for four (4) years. (c) No expiration of that term, be reappointed to
serve one full term; and provided further, however, that each member shall
continue to serve until his or her successor is appointed and qualified. No
commission member shall be a legislator, judge, or elected official, or be a
candidate for any public office, or hold any compensated federal, state, or
municipal public office or elected office in a political party during his or
her tenure or for a period of one year prior to appointment. No member of the commission may hold any other
public office (except that of notary public) under the laws of the judicial office during the period of time he
or she is a commission member and for a period of one year thereafter. No two
(2) or more members of the commission shall be members or employees of the
same law firm, or employees of the same profit or nonprofit corporation.
Vacancies other than those arising through the expiration of a term shall be
filled for the unexpired portion of the term in the same manner as vacancies
due to the expiration of a term. (d) A quorum
consisting of five (5) members shall be necessary in order for the commission
to conduct any business. All names submitted to the governor by the
commission shall be approved by at least five (5) members of the commission voting
in favor of each selection. (e) The
commission shall have the power to adopt rules and procedures which aid in
its selection of the most highly qualified nominees for judicial office. The
governor shall designate a member of the commission to serve as chairperson,
who shall serve in that capacity for the duration of his or her tenure. All
meetings of the commission shall be subject to the open meetings law as
defined in chapter 46 of title 42. (f) The
commission is hereby authorized and empowered to investigate the personal
background of each nominee as it relates to a determination of judicial
fitness through the (g) The
commission shall direct the performance of such administrative duties as may
be required for the effective discharge of the obligations granted to the
commission, and is hereby empowered to engage the services of legal, secretarial,
clerical, and investigative employees and to make such other expenditures as
are necessary for the effective performance of its functions. Expenses for
office space, staffing, and necessary monetary outlays shall be provided by
the department of administration as a separate
line item in the state budget under the term "judicial nominating
commission." (h) Each person
appointed to the commission shall, prior to exercising any authority or
assuming any duties as a member of the commission, take an engagement of
office in accordance with section 36-1-2. The governor may remove a
commission member from office for neglect of duty, malfeasance in office, or
conviction of a criminal offense. After a commission member is notified of
any allegations against her or him in writing, the commission member shall be
entitled to one public hearing prior to removal by the governor. |
|
181) |
Section |
Amending Chapter Numbers: |
|
|
8-16.1-6 |
91, 91, 91 and 91 |
|
|
|
8-16.1-6. governor shall immediately notify the
commission of any vacancy or prospective vacancy of a judge of any state
court other than the from any source. Within ninety (90) days of
any vacancy the commission shall publicly submit the names of not less than
three (3) and not more than five (5) highly qualified persons for each
vacancy to the governor. (2)
Notwithstanding any other law to the contrary, any individual whose name was
publicly submitted to the governor by the commission as described in
subsection (1) above, shall also be eligible for subsequent nomination by the
governor for any vacancy or prospective vacancy of a judge in the same court for which
that particular individual had previously applied except for a vacancy in the
position of presiding justice, chief justice, or chief judge. (3) Such
individuals shall remain eligible for nomination to fill any vacancy or
prospective vacancy within the same court to which they previously applied
for a period of five (5) years from the date their name or names were
publicly submitted to the governor by the commission unless such individuals withdraw
from future consideration in writing to the judicial nominating commission.
However, such individuals must reapply for any subsequent vacancy or
prospective vacancy in the same court for the position of presiding justice,
chief justice, or chief judge. (4) Subject to
the eligibility requirements set forth above, the governor shall fill any
vacancy of any judge of the Rhode Island superior court, family court,
district court, workers' compensation court, or any other state court which
the general assembly may from time to time establish, by nominating one of
the three (3) to five (5) highly qualified persons forwarded to him or her by
the commission for the court where the vacancy occurs, or by nominating
another individual who has previously applied for a vacancy or prospective
vacancy within the same court and whose name had been previously publicly
submitted to the governor within the previous five (5) years. (b) The
governor shall fill any vacancy within twenty-one (21) days of the public
submission by the commission. (c) Each
nomination shall be delivered forthwith to the secretary of the senate for
presentation to the senate, and by and with the advice and consent of the
senate, each nominee shall be appointed by the governor to serve subject to
the general laws. The senate shall, after seven (7) calendar days of receipt of the
nomination consider the nomination, but if the senate fails within sixty (60)
days after the submission to confirm the nominee or if the senate does not by
a majority vote of its members extend the deliberation an additional seven
(7) calendar days, the governor shall appoint some other person to fill the
vacancy and shall submit his or her appointment to the senate for
confirmation in like manner until the senate shall confirm the nomination. If
the nominee is rejected by the senate, the commission shall submit a new list
of three (3) to five (5) candidates to the governor for the purpose of
nomination in accordance with this chapter. Any new list may include but need
not be limited to the names of any candidates who were previously submitted
to the governor by the commission but who were not forwarded to the senate
for its advice and consent. (d) During the
time for consideration of the nominees by the senate, the senate judiciary
committee shall conduct an investigation and public hearing on the question
of the qualifications of the nominee or nominees. At the public hearing, the
testimony of every witness shall be taken under oath and stenographic records
shall be taken and maintained. Further, the senate judiciary committee shall
during the course of its investigation and hearing have the power upon
majority vote of the committee members present to issue
witness subpoenas, subpoenas duces tecum, and orders for the production of
books, accounts, papers, records, and documents which shall be signed and
issued by the chairperson of the committee, or the person serving in his or
her capacity. All such subpoenas and orders shall be served as subpoenas in
civil cases in the superior court are served, and witnesses so subpoenaed
shall be entitled to the same fees for attendance and travel as provided for witnesses in civil
cases in the superior court. If the person subpoenaed to attend before the
committee fails to obey the command of the subpoena without reasonable cause,
refuse to be sworn, or to be examined, or to answer a legal and pertinent
question, or if any person shall refuse to produce books, accounts, papers,
records, and documents material to the issue, set forth in an order duly
served on him or her, the committee by majority vote of the committee members
present may apply to any justice of the superior court, for any county, upon
proof by affidavit of the fact, for a rule or order returnable in not less
than two (2) nor more than five (5) days, directing the person to show cause
before the justice who made the order or any other justice of the superior
court, why he or she should not be adjudged in contempt. Upon the return of
the order, the justice before whom the matter is brought on for hearing shall
examine under oath the person, and the person shall be given an opportunity to
be heard, and if the justice shall determine that the person has refused
without reasonable cause or legal excuse to be examined or to answer a legal
and pertinent question, or to produce books, accounts, papers, records, and
documents material to the issue which he or she was ordered to bring or
produce, he or she may forthwith commit the offender to the adult
correctional institution, there to remain until the person submits to do the
act which he or she was so required to do, or is discharged according to law. (e) The
committee shall, for the purpose of investigating the qualifications of the
nominee or nominees, be furnished with a report compiled by the state police
in conjunction with the attorney general's office indicating the
determinations and findings of the state police and attorney general's office investigations
concerning the background of the nominee or nominees, and the report shall
include, but not be limited to, the following: (1) Whether the
nominee has ever been convicted of or pleaded guilty to a misdemeanor or
felony in this or any other state or foreign country; (2) Whether the
nominee has ever filed a personal bankruptcy petition or an assignment for
the benefit of creditors in this or any other state or foreign country; and
whether the nominee has ever been a partner in, held ten percent (10%) or
more of stock in, or held office in any sole proprietorship, partnership, or
corporation that has been involved in bankruptcy or receivership actions as a
debtor or because of insolvency at the time the nominee was a partner in,
held ten percent (10%) or more stock in, or held office in any such sole
proprietorship, partnership, or corporation; (3) Whether the
nominee has ever had a civil judgment rendered against him or her arising out
of an allegation of fraud, misrepresentation, libel, slander, professional
negligence, or any intentional tort in this state or any
other state or foreign country; (4) The state
police in conjunction with the attorney general's department shall provide in
their report the names and addresses of each and every source of their
information. (f) The reports
set forth in this section shall be delivered to the chairperson and members
of the senate judiciary committee in addition to the nominee or nominees only
prior to the commencement of the public hearing. Provided, however, that if
the nominee or nominees withdraw or decline the appointment prior to the
public hearing then the report or reports shall be returned to the chairperson
of the judiciary committee and destroyed. (g) The
committee shall also require a financial statement to be submitted by each
nominee, prior to the public hearing, to the chairperson of the senate
judiciary committee, to investigate each nominee to determine his or her
compliance with the provisions of chapter 14 of title 36. (h) Any
associate justice of any state court who is appointed to serve as the chief
or presiding justice of that court on an interim basis shall retain his or
her status as an associate justice until the appointment to chief or
presiding justice is made permanent.
(i) In case a vacancy shall occur when the senate is not in session, the
governor shall appoint some person from a list of three (3) to five (5)
persons submitted to the governor by the commission to fill the vacancy until
the senate shall next convene, when the governor shall make an appointment as
provided in this section. |
|
182) |
Section |
Amending Chapter Numbers: |
|
|
8-18-4 |
1 and 100 |
|
|
|
8-18-4. Adjudication of summonses by municipal courts. -- (a) All summonses to be adjudicated by a
municipal court shall be forwarded to the municipal court. (b)
Summonses to be adjudicated by a municipal court shall be adjudicated by a
judge of the municipal court pursuant to section 31-41.1-6 and the rules
established by the chief (c)
If a motorist fails to appear to answer a summons before a municipal court,
the municipal court may proceed pursuant to section 31-41.1-5 to enter a
default judgment and determine whether the charges have been established.
Where a determination is made that a charge has been established, an
appropriate order shall be entered and the motorist's license and
registration privileges may be ordered by the municipal court to be suspended
by the division of motor vehicles as provided by law. (d)
All summonses which have been adjudicated by the municipal court and entered
into the data electronic system shall be returned to the traffic tribunal for
storage as required by section 8-14-1. (e)
All municipal courts shall be courts of record, shall tape record all
sessions, maintain dockets, and adjudicate all violations on the summonses
and shall be responsible for data entry into an electronic data processing
system of all citations heard and decided by said municipal courts pursuant
to procedures and rules promulgated by the chief (f)
Municipal court judges may, in their discretion, order driver retraining
courses in appropriate cases. (g)
[Deleted by P.L. 1999, ch. 218, art. 5, section 1.] (h)
A (i) If a payment for any fine assessed in
the municipal court for any violation is attempted with a check written
against insufficient funds, then an additional penalty not to exceed
twenty-five dollars ($25.00) may be added to the amount due. |
|
183) |
Section |
Amending Chapter Numbers: |
|
|
11-23-1 |
128 and 199 |
|
|
|
11-23-1. Murder. -- The unlawful killing of a
human being with malice aforethought is murder. Every murder perpetrated by
poison, lying in wait, or any other kind of willful, deliberate, malicious,
and premeditated killing, or committed in the perpetration of, or attempt to
perpetrate, any arson or any violation of sections 11-4-2, 11-4-3, or 11-4-4,
rape, any degree of sexual assault or child molestation, burglary or breaking
and entering, robbery, kidnapping, or committed during the course of the
perpetration, or attempted perpetration, of felony manufacture, sale,
delivery, or other distribution of a controlled substance otherwise
prohibited by the provisions of chapter 28 of title 21, or |
|
184) |
Section |
Amending Chapter Numbers: |
|
|
11-25-14 |
146 and 170 |
|
|
|
11-25-14.
Conveyance of unauthorized articles to or from institutions.
— (a)
Every person who shall convey or cause to be conveyed
into the adult correctional institutions any article without first
obtaining the consent of the director of corrections, or who shall convey
from the institutions any article without the consent of the director
of corrections, shall be punished, upon conviction, by imprisonment for not
more than ten (10) years, or by a fine of not more than five thousand dollars
($5,000), or both. (b)
Every person who shall convey or cause to be conveyed to any prisoner
any drugs, tobacco or any article that could be used as a weapon,
without first obtaining the consent of the director of corrections, may be
punished, upon conviction, by imprisonment for not more than (c) For
the purposes of subsection (b), ‘‘prisoner’’ includes all persons
committed to the adult correctional institution, in the custody
of the warden, in the custody of any other officer while outside
the confines of the custodial unit, in the custody of the state director
of mental health, retardation and hospitals pursuant to §
40.1-5.3-1, regardless of whether that prisoner is held upon conviction or
upon any criminal charge. ‘‘Prisoner’’ shall not include persons
on home confinement. |
|
185) |
Section |
Amending Chapter Numbers: |
|
|
11-26-1.5 |
135 and 203 |
|
|
|
11-26-1.5. Enticement of children. -- (a) A person shall be
guilty of a felonious conduct against (1) Leave the
child's home or school; (2) Enter a
vehicle or building; or (3) Enter (b) Every
person convicted of a violation of the provisions of this section shall be
guilty of a felony, and shall be punished by imprisonment for not more
than (c) Every person
convicted of, or placed on probation for a violation of this section, may be
ordered to attend appropriate professional counseling to address his or her
behavior. |
|
186) |
Section |
Amending Chapter Numbers: |
|
|
11-37.1-2 |
155 and 202 |
|
|
|
11-37.1-2. Definitions. -- (a) "Aggravated
offense" means and includes offenses involving sexual penetration of
victims of any age through the use of force or the threat of use of force or
offenses involving sexual penetration of victims who are fourteen (14) years
of age or under. (b)
"Board", "board of review", or "sex offender board
of review" means the sex offender board of review appointed by governor
pursuant to section 11-37.1-6. (c) (1)
"Conviction" or "convicted" means and includes any
instance where: (i) A judgment
of conviction has been entered against any person for any offense specified
in subsection (e) or (k) of this section, regardless of whether an appeal is
pending; or (ii) There has
been a finding of guilty for any offense specified in subsection (e) or (k)
of this section, regardless of whether an appeal is pending; or (iii) There has
been a plea of guilty or nolo contendere for any offense specified in
subsection (e) or (k) of this section, regardless of whether an appeal is
pending; or (iv) There has
been an admission of sufficient facts or a finding of delinquency for any
offense specified in subsection (e) or (k) of this section, regardless of
whether or not an appeal is pending. (2) Provided,
in the event that a conviction, as defined in this subsection, has been
overturned, reversed, or otherwise vacated, the person who was the subject of
the conviction shall no longer be required to register as required by this
chapter and any records of a registration shall be destroyed. Provided,
further that nothing in this section shall be construed to eliminate a
registration requirement of a person who is again convicted of an offense for
which registration is required by this chapter. (d) [Deleted by
P.L. 2003, ch. 162, section 1 and by P.L. 2003, ch. 170, section 1_. (e)
"Criminal offense against a victim who is a minor" means and
includes any of the following offenses or any offense in another jurisdiction
which is substantially the equivalent of the following or for which the
person is or would be required to register under 42 U.S.C. section 14071 or 18
U.S.C. section 4042(c): (1) Kidnapping
or false imprisonment of a minor, in violation of section 11-26-1.4, 11-26-1
or 11-26-2, where the victim of the offense is sixteen (16) years of age or
older and under the age of eighteen (18) years; (2) Enticement
of a child in violation of section 11-26-1.5 with the intent to violate
sections 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3; (6) Any
violation of section 11-9-1.3; (7) Any
violation of section 11-37.1-10; (8) Any
violation of section 11-37-8.8; (9) Any
violation of section 11-64-2 where the victim is under the age of eighteen
(18) years; or (f)
"Designated state law enforcement agency" means the attorney
general or his or her designee. (g)
"Employed, carries on a vocation" means and includes the definition
of "employed, carries on a vocation" under 42 U.S.C. section 14071. (h)
"Institutions of higher education" means any university, two (2) or
four (4) year college or community college. (i)
"Mental abnormality" means a congenital or acquired condition of a
person that affects the emotional or volitional capacity of the person in a
manner that predisposes that person to the commission of criminal sexual acts
to a degree that makes the person a menace to the health and safety of other persons. (j)
"Predator" means a person whose act(s) is (are) or was (were)
directed at a stranger, r at a person with whom a relationship has been
established or promoted for the primary purpose of victimization. (k)
"Sexually violent offense" means and includes any violation of
section 11-37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3, or 11-5-1
where the specified felony is sexual assault, or section 11-23-1 where the
murder was committed in the perpetration of, or attempted perpetration of, rape or any degree of sexual
assault or child molestation, or any offense in another jurisdiction which is
substantially the equivalent of any offense listed in this subsection or for
which the person is or would be required to register under 42 U.S.C. section
14071 or 18 U.S.C. section 4042(c). (l)
"Sexually violent predator" means a person who has been convicted
of a sexually violent offense and who has a mental abnormality or personality
disorder that makes the person likely to engage in predatory sexually violent
offenses. (m)
"Student" means and includes the definition of "student"
under 42 U.S.C. section 14071. (n) "Parole
board" means the parole board or its designee. |
|
187) |
Section |
Amending Chapter Numbers: |
|
|
11-37.1-9 |
155, 191 and 202 |
|
|
|
11-37.1-9. Notification of local law
enforcement agencies of changes in address. -- (a) Duty of local law
enforcement agency; Interstate moves. - For any person required to register
under this chapter, the local law enforcement agency having jurisdiction
where the person is residing, shall, if the person changes residence to
another state, notify the law enforcement agency with which the person must register
in the new state, if the new state has a registration requirement and notify
the designated state law enforcement agency. (b) Duty of
person required to register; Interstate moves. - A person who has been
convicted of an offense which required registration under this chapter shall
register the new address with a designated state law enforcement agency in
another state to which the person moves in accordance with the new state's
sex offender registration statute. Prior to the change of residence to a
new state, the person shall notify the local law enforcement agency within
this state with which the person is registered of the intended move and of
the new address within the new state. (c) Duty of law
enforcement agency; Changes of residence within the state. - For any person
required to register under this chapter, the local law enforcement agency
having jurisdiction where the person is residing, shall, if the person
changes residence to another city or town in (d) Duty of
person required to register; Changes of residence within the state. - A
person who has been convicted of an offense which requires registration under
this chapter and who changes his or her residence address to another city or
town in Rhode Island, shall notify the local law enforcement agency in the
city or town from which the person is moving before the person establishes
residence in the new location, and shall register with the local law
enforcement agency in the city or town in which the person is moving not
later than twenty-four (24) hours after the person establishes residence in
the new city or town. A person who has been convicted of an offense which
requires registration under this chapter and who changes his or her residence
within a city or town in or town. |
|
188) |
Section |
Amending Chapter Numbers: |
|
|
11-37.1-10 |
155, 189 and 202 |
|
|
|
11-37.1-10. Penalties. -- (a) Any person who is
required to register or verify his or her address or give notice of a
change of address or residence, who knowingly fails to do so, shall be
guilty of a felony and upon conviction be imprisoned not more than ten (10)
years, or fined not more than ten thousand dollars ($10,000), or both. (b) Any person who is required to register or verify his or her address or give notice of a change of address or residence, who knowingly fails to do so, shall be in violation of the terms of his or her release, regardless of whether or not the term was a special condition of his or her release on probation, parole or home confinement or other form of supervised release. |
|
189) |
Section |
Amending Chapter Numbers: |
|
|
11-47-9 |
94, 156 and 475 |
|
|
|
11-47-9. Persons exempt from restrictions. -- The provisions of
section 11-47-8 shall not apply to sheriffs, deputy sheriffs, the
superintendent and members of the state police, members of the marshals, Rhode Island state fire marshal, chief
deputy state fire marshals, deputy state fire marshals assigned to the bomb
squad, and those assigned to the investigation unit, correctional officers,
all within the department of corrections, members of the city or town police
force, capitol police investigators of the department of attorney general
appointed pursuant to section 42-9-8.1, the witness protection coordinator
for the witness protection review board as set forth in chapter 30 of title 12 and subject to the
minimum qualifications of section 42-9-8.1, the director, assistant director,
and other inspectors and agents at the Rhode Island state fugitive task force
appointed pursuant to section 12-6-7.2, railroad police while traveling to
and from official assignments or while on assignments, conservation officers,
or other duly appointed law enforcement officers, nor to members of the Army,
Navy, Air Force, and Marine Corps of the United States, the National Guard,
or organized reserves, when on duty, nor to members of organizations by law
authorized to purchase or receive firearms from the United States or this
state, provided these members are at or going to or from their places of
assembly or target practice, nor to officers or employees of the United
States authorized by law to carry a concealed firearm, nor to any civilian guard or criminal
investigator carrying sidearms or a concealed firearm in the performance of
his or her official duties under the authority of the commanding officer of
the military establishment in the state of Rhode Island where he or she is
employed by the United States, nor to any civilian guard carrying sidearms or
a concealed firearm in the performance of his or her official duties under
the authority of the adjutant general where he or she is employed
guarding a national guard facility, provided, that the commanding officer of
the military establishment shall have on file with the attorney general of
this state a list of the names and addresses of all civilian guards and
criminal investigators so authorized, nor to duly authorized military
organizations when on duty, nor to members when at or going to or from their
customary places of assembly, nor to any individual employed in the capacity
of warden, associate warden, major, captain, lieutenant, sergeant, correctional
officer or investigator at any project owned or operated by a municipal
detention facility corporation, including the Donald W. Wyatt Detention
Facility, nor to the regular and/or ordinary transportation of pistols or
revolvers as merchandise, nor to any person while |
|
190) |
Section |
Adding Chapter Numbers: |
|
|
11-47-16.1 |
368 and 383 |
|
|
|
11-47-16.1.
Special commission on law enforcement weapons qualifications of retired
officers. – (a) There is hereby
created a special commission to be known as the "Law Enforcement Weapons
Qualifications of Retired Officers Commission." (b)
The purpose and charge of said commission shall be to study all aspects of
firearms qualifications, standards, and certifications for all retired law
enforcement officers appointed after June 17, 1959, from each of the city and
town police departments of this state. (c)
The commission shall consist of eight (8) members: one of whom shall be the
president of the State Fraternal Order of Police, or designee; one of whom
shall be the president of the the
(d)
Vacancies in said commission shall be filled in like manner as the original
appointment. (e)
The membership of said commission shall receive no compensation for their
services. (f)
All departments and agencies of the state shall furnish such advice and
information, documentary and otherwise, to said commission and its agents as
is deemed necessary or desirable by the commission to facilitate the purposes
of this resolution. (g) The commission shall report its findings and recommendations to the general assembly annually, on or before January 2, commencing in 2009. |
|
191) |
Section |
Amending Chapter Numbers: |
|
|
11-47-22 |
267 and 417 |
|
|
|
11-47-22. Forfeiture and destruction of
unlawful firearms. -- (a) No property right shall exist in any firearm
unlawfully possessed, carried, or used, and all unlawful firearms are hereby
declared to be nuisances and forfeited to the state. (b) When a
firearm is lawfully seized, confiscated from or turned in by any person, it shall
be placed in the custody of the superintendent of state police or the chief
of police in the city or town in which it was seized, confiscated or turned
in to. The officer who takes custody of the firearm shall promptly ascertain,
using available record keeping systems, including, but not limited to, the
National Crime Information Center, whether the firearm has been reported
stolen and if stolen shall notify the reporting law enforcement agency of the
recovery of said firearm. If the police department in the city or town in
which the firearm was seized or confiscated has not been notified by a
justice of the superior court or the attorney general that the firearm is
necessary as evidence in a criminal or civil matter, it shall be returned to
the lawful owner. However, any owner of a firearm who shall knowingly fail to
report the loss or theft of the firearm to the proper law enforcement
authorities shall not be entitled to its return. (c) If a
firearm is found not to be stolen and the owner cannot be readily ascertained
within ninety (90) days subsequent to the seizure or confiscation of said
firearm and the firearm is no longer necessary as evidence in a criminal or
civil matter, the police department having custody of the firearm shall have the option
of either: (1) destroying said firearm by rendering it permanently and
irretrievably inoperable; (2) transferring custody of said firearms to the
state crime laboratory for the purpose of criminal investigation; or purposes of this section, "an antique
firearm" shall be defined as any firearm (including any firearm with a
matchlock, flintlock, percussion cap, or similar type of ignition system)
manufactured on or before 1899, and any replica of such firearm if such
replica is not designed or redesigned for using rim-fire or conventional
center fire fixed ammunition, or uses rim-fire or conventional center fire
fixed ammunition which is no longer manufactured in the United States and which is not readily available in the
ordinary channels of commercial trade. "Curios or relics" shall be
defined as firearms which are of special interest to collectors by reason of
some quality other than is associated with firearms intended for sporting use
or as offensive or defensive weapons. To be recognized as curios or relics,
firearms must be manufactured at least fifty (50) years prior to the current
date, but not including replicas thereof, and firearms which derive a
substantial part of their monetary value from the fact that they are novel,
rare, bizarre, or because of their association with some historical figure,
period, or event. (d) In the
event that an auction is held, bidders shall be limited to bona fide holders
of a valid Federal Firearms License for Retail Sale or a Federal Firearms
Collector License. Any auction shall be advertised at least once a week for a
period of three (3) weeks preceding the date of the auction in a newspaper of
general circulation, said notice clearly stating the time, location and terms
of said auction. All funds realized shall be used to purchase and provide
necessary safety equipment, including, but not limited to, bulletproof vests,
for the police department holding the auction and shall not revert to any
general fund of the state, city or town, as the case may be. (e) All
firearms received by any police department in any manner shall be entered in
the department's permanent records and listed by make, model, caliber and
serial number and the manner in which said firearm was disposed of and, if by
auction, the name and federal license number of the buyer. A copy of said
record shall be forwarded to the office of the Rhode Island Attorney General
and the Bureau of Alcohol, Tobacco and Firearms of the United States Treasury
Department on at least an annual basis. |
|
192) |
Section |
Adding Chapter Numbers: |
|
|
11-68 |
161 and 204 |
|
|
|
CHAPTER 68 EXPLOITATION OF ELDERS |
|
193) |
Section |
Adding Chapter Numbers: |
|
|
11-68-1 |
161 and 204 |
|
|
|
11-68-1.
Definitions. – As used in this chapter: (1)
"Business relationship" means a relationship between two (2) or
more individuals or entities where there exists an oral or written contract
or agreement for goods or services. (2)
"Caregiver" means a person who has been entrusted with or has
assumed responsibility for the care or the property of an elder person.
Caregiver includes, but is not limited to, relatives, court-appointed or
voluntary guardians, adult household members, neighbors, health care
providers, and employees and volunteers of elder care facilities. (3)
"Deception" means misrepresenting or concealing a material fact
relating to: (i)
Services rendered, disposition of property, or use of property, when such
services or property are intended to benefit an elder person; or (ii)
Terms of a contract or agreement entered into with an elder person; or (iii)
An existing or preexisting condition of any property involved in a contract
or agreement entered into with an elder person; or (iv)
Using any misrepresentation, false pretense, or false promise in order to
induce, encourage or solicit an elder person to enter into a contract or
agreement. (4)
"Elder person" means a person sixty-five (65) years of age or
older. (5)
"Intimidation" means the communication by word or act to an elder
person that the elder person will be deprived of food, nutrition, clothing,
shelter, supervision, medicine, medical services, money, or financial support
or will suffer physical violence. (6)
"Lacks capacity to consent" means an impairment by reason of mental
illness, developmental disability, organic brain disorder, physical illness
or disability, short-term memory loss, or other cause, that causes an elder
person to lack sufficient understanding or capacity to make or communicate
reasonable decisions concerning the elder person's person or property. (7)
"Position of trust and confidence'' with respect to an elder person
means the position of a person who: (i)
Is a spouse, adult child, or other relative by blood or marriage of the elder
person; (ii)
Is a joint tenant or tenant in common with the elder person; (iii)
Has a legal or fiduciary relationship with the elder person including, but
not limited to, a court-appointed or voluntary guardian, trustee, attorney,
or conservator; (iv)
Is the caregiver of the elder person; or (v) Is any other person who has been entrusted with or has assumed responsibility for the use or management of the elder person's funds, assets, or property. |
|
194) |
Section |
Adding Chapter Numbers: |
|
|
11-68-2 |
161 and 204 |
|
|
|
11-68-2.
Exploitation of an elder. – (a)
A person is guilty of exploitation of an elder person if that person: (1)
Knowingly, by deception or intimidation, obtains or uses, or endeavors to
obtain or use, an elder person's funds, assets or property with the intent to
temporarily or permanently deprive the elder person of the use, benefit, or
possession of the funds, assets or property, or to benefit
someone other than the elder person by a person who: (i)
Stands in a position of trust and confidence with the elder person; or (ii)
Has a business relationship with the elder person; or (2)
Knowingly, by deception or intimidation, obtains or uses, endeavors to obtain
or use, or conspires with another to obtain or use an elder person's funds,
assets, or property with the intent to temporarily or permanently deprive the
elder person of the use, benefit, or possession of the funds, assets, or
property, or to benefit someone other than the elder person, by a person who knows
or reasonably should know that the elder person lacks the capacity to
consent. (b) Any person who shall exploit an elder person as defined in this chapter shall be guilty of a felony. |
|
195) |
Section |
Adding Chapter Numbers: |
|
|
11-68-3 |
161 and 204 |
|
|
|
11-68-3.
Penalties for violations. – (a)
Any person convicted of exploiting an elder person as provided under this
chapter shall be punished as follows: (1)
If the funds, assets, or property involved in the exploitation of the elder
person are valued at less than five hundred dollars ($500), the person shall
be subject to imprisonment for not more than five (5) years or by a fine of
not more than five thousand dollars ($5,000) or both. (2)
If the funds, assets, or property involved in the exploitation of the elder
person are valued at five hundred dollars ($500) or more, but less than one
hundred thousand dollars ($100,000), the person shall be subject to
imprisonment for not more than fifteen (15) years or by a
fine of not more than ten thousand dollars ($10,000) or both. (3) If the funds, assets, or property involved in the exploitation of the elder person are valued at one hundred thousand dollars ($100,000) or more, the person shall be subject to imprisonment for not more than thirty (30) years or by a fine of not more than fifteen thousand dollars ($15,000) or both. |
|
196) |
Section |
Amending Chapter Numbers: |
|
|
12-6-7.1 |
297 and 326 |
|
|
|
12-6-7.1.
Service of arrest warrants. -- (a)
Whenever any judge of any court shall issue his or her warrant against any
person for failure to appear or comply with a court order, or for failure to
make payment of a court ordered fine, civil assessment, or order of
restitution, the judge may direct the warrant to each and all sheriffs and
deputy sheriffs, the warrant squad, or any peace officer as defined in
section 12-7-21, requiring them to apprehend the person and bring him or
her before the court to be dealt with according to law; and the officers
shall obey and execute the warrant, and be protected from obstruction and assault
in executing the warrant as in service of
other process. The person apprehended shall, in addition to any other costs
incurred by him or her, be ordered to pay a fee for service of this warrant
in the sum of one hundred twenty-five dollars ($125). Twenty-five dollars
($25.00) of the above fee collected as a result of a warrant squad arrest
shall be divided among the local law enforcement agencies assigned to the
warrant squad. Any person apprehended on a warrant for failure to appear for
a cost review hearing in the superior court may be released upon posting with
a justice of the peace the full amount due and owing in court costs as
described in the warrant or bail in an other amount or form that will ensure
the defendant's appearance in the superior court at an ability to pay
hearing, in addition to the one hundred twenty-five dollars ($125) warrant
assessment fee described above. Any person detained as a result of the
actions of the justice of the peace in acting upon the superior court cost
warrant shall be brought before the superior court at its next session. Such
monies shall be delivered by the justice of the peace to the court issuing
the warrant on the next court business day.
(b) Any person arrested pursuant to a warrant issued by a municipal court may
be presented to a judge of the district court, or a justice of the peace
authorized to issue warrants pursuant to section 12-10-2, for release on
personal recognizance or bail when the municipal court is not in session. The
provisions of this section shall apply only to criminal and not civil cases
pending before the courts. (c)
Any person arrested pursuant to a warrant issued hereunder, shall: (1)
be immediately brought before the court; (2)
if the court is not in session then the person shall be brought before the
court at its next session; (3)
be afforded a review hearing on his/her ability to pay within forty-eight
(48) hours; and (4)
if the court is not in session at the time of the arrest, a review hearing on
his/her ability to pay will be provided at the time for the first court
appearance, as set forth in subsection (c)(3) of this section. |
|
197) |
Section |
Amending Chapter Numbers: |
|
|
12-13-10 |
234 and 320 |
|
|
|
12-13-10.
Deposit of money in lieu of bail. -- Any person who is held in custody or committed upon a criminal
charge, if entitled to be released on bail, may at any time, instead of
giving surety or sureties, in the discretion of the court, give before the
court in which he or she is held to appear his or her personal recognizance
to appear and do as ordered by the court, and shall be allowed to deposit,
either individually or by another on his or her behalf, with the court in
money ten percent (10%) of the amount of bail which he or she is ordered to
furnish, and the justice or clerk of the court shall give him or her a
certificate, and upon delivery of the certificate to the officer in whose custody
he or she is shall be released from custody, and the money shall be
deposited in the registry of the court before which the person shall be
recognized to appear. Consistent with article 1, section 9 of the |
|
198) |
Section |
Amending Chapter Numbers: |
|
|
12-18.1-3 |
297 and 326 |
|
|
|
12-18.1-3.
Court costs. -- (a) The court shall assess as
court costs, in addition to those otherwise provided by law, against all
defendants charged with a felony, misdemeanor, or petty misdemeanor, and who
plead nolo contendere or guilty or who are found guilty of the commission
of those crimes, as follows:
(1) Where the offense charged is a felony and carries a maximum penalty of
five (5) or more years imprisonment, three hundred dollars ($300) or ten
percent (10%) of any fine imposed on the defendant by the court, whichever is
greater;
(2) Where the offense charged is a felony and carries a maximum penalty of
less than five (5) years imprisonment, one hundred eighty dollars ($180) or
ten percent (10%) of any fine imposed on the defendant by the court, whichever
is greater; and
(3) Where the offense charged is a misdemeanor, sixty dollars ($60.00) or ten
percent (10%) of any fine imposed on the defendant by the court, whichever is
greater.
(b) These costs shall be assessed whether or not the defendant is sentenced
to prison and in no case shall they be remitted by the court.
(c) When there are multiple counts or multiple charges to be disposed of
simultaneously, the judge shall have the authority to suspend the obligation
of the defendant to pay on all counts or charges above (d) If the court determines that the defendant does not have the ability to pay the costs as set forth in this section, the judge may by specific order mitigate the costs in accordance with the court's determination of the ability of the offender to pay the costs. |
|
199) |
Section |
Amending Chapter Numbers: |
|
|
12-19-34 |
297 and 326 |
|
|
|
12-19-34.
(2)
Payments made on account when both restitution to a third-party is ordered,
and court costs, fines, and fees, and assessments related to prosecution are
owed, shall be disbursed by the administrative
office of the state courts in the following priorities: (i)
court ordered restitution payments to person injured until such time as the
court’s restitution is fully satisfied; and (ii)
court costs, fines, fees, and assessments related to prosecution after the
full payment of restitution.
(3)
(b) The state is authorized to develop rules and/or regulations relating to
assessment, collection, and disbursement of restitution payments when any of
the following events occur:
(1) The defendant is incarcerated or on home confinement but is able to pay
some portion of the restitution; or
(2) The victim dies before restitution payments are completed. (c) The state may maintain a civil action to place a lien on the personal or real property of a defendant who is assessed restitution, as well as to seek wage garnishment, consistent with state and federal law. |
|
200) |
Section |
Amending Chapter Numbers: |
|
|
12-20-10 |
297 and 326 |
|
|
|
12-20-10.
(b)
For purposes of sections 12-18.1-3(d), 12-21-20, 12-25-28(b),
21-28-4.01(c)(3)(iv) and 21-28-4.17.1, the following conditions shall be
prima facie evidence of the defendant’s indigency and limited ability to pay: (1)
Qualification for and/or receipt of any of the following benefits or services
by the defendant: (i)
temporary assistance to needy families (ii)
social security including supplemental security income and state supplemental
payments program; (iii)
public assistance (iv)
disability insurance; or (v)
food stamps (2)
Despite the defendant’s good faith efforts to pay, outstanding court orders
for payment in the amount of one-hundred dollars ($100) or more for any of
the following: (i)
restitution payments to the victims of crime; (ii)
child support payments; or (iii)
payments for any counseling required as a condition of the sentence imposed
including, but not limited to, substance abuse, mental health, and domestic
violence. |
|
201) |
Section |
Amending Chapter Numbers: |
|
|
12-21-20 |
297 and 326 |
|
|
|
12-21-20.
pay
a fine, enter into a recognizance or suffer any penalty or forfeiture, he or
she shall also be ordered to pay all costs of prosecution, unless directed
otherwise by law. (b)
In superior court, the judge shall make a preliminary assessment of the
defendant’s ability to pay immediately after sentencing by use of the
procedures specified in this section. (c)
In district court, the judge shall make a preliminary assessment of the
defendant’s ability to pay immediately after sentencing or nearly thereafter
as practicable by use of the procedures specified in this section. (d)
The defendant’s ability to pay and payment schedule shall be determined by
use of standardized procedures including a financial assessment instrument.
The financial assessment instrument shall be: (1)
based upon sound and generally accepted accounting principles; (2)
completed based on a personal interview of the defendant and includes any and
all relevant information relating to the defendant’s present ability to pay
including, but not limited to, the information contained in section 12-20-10;
and (3)
made by the defendant under oath. (e)
The financial instrument may, from time to time and after hearing, be
modified by the court. (f)
When persons come before the court for failure to pay fines, fees,
assessments and other costs of prosecution, or court ordered restitution, and
their ability to pay and payment judge, the clerk of the court, or their
designee shall make these determinations by use of the procedures specified
in this section. (g)
Nothing in this section shall be construed to limit the court’s ability,
after hearing in open court, to revise findings about a person’s ability to
pay and payment schedule made by the clerk of the court or designee, based
upon the receipt of newly available, relevant, or other information. |
|
202) |
Section |
Amending Chapter Numbers: |
|
|
12-25-21 |
125 and 205 |
|
|
|
12-25-21.
Nature of compensation. -- (a)
The office may award compensation under this chapter for:
(1) Expenses actually and reasonably incurred as a result of the personal
injury or death of the victim;
(2) Pecuniary loss to the dependents of the deceased victim;
(3) Any other pecuniary loss resulting from the personal injury or death of
the victim, the amount of which the office finds upon the evidence to be
reasonable and necessary;
(4) The administrator may issue a supplemental award for compensation for
additional medical expenses, including psychiatric care and mental health
counseling, provided that the victim provides proper documentation that the
additional medical expenses have been actually and reasonably incurred as a
direct result of the personal injury. The administrator shall issue a
supplemental award as long as the total award does not exceed the maximum
award allowable under
this chapter; and
(5) The administrator may issue an award for expenses related to psychiatric
care and mental health counseling for a parent, spouse, victim.
(b) In determining the amount of the judgment or order approving a
settlement, the office shall take into consideration the rates and amounts
payable for injuries and death under other statutes of this state and of the |
|
203) |
Section |
Amending Chapter Numbers: |
|
|
12-25-28 |
100, 297 and 326 |
|
|
|
12-25-28.
Special indemnity account for criminal injuries compensation. -- (a) It is provided that the general treasurer establish a
violent crimes indemnity account within the general fund
for the purpose of paying awards granted pursuant to this chapter. The court
shall assess as court costs in addition to those provided by law, against all
defendants charged with a felony, misdemeanor,
or petty misdemeanor, whether or not the crime was a crime of violence, and
who plead nolo contendere, guilty or who are found guilty of the commission
of those crimes as follows:
(1) Where the offense charged is a felony and carries a maximum penalty of
five (5) or more years imprisonment, one hundred and fifty dollars ($150) or
fifteen percent (15%) of any fine imposed on the defendant by the court,
whichever is greater.
(2) Where the offense charged is a felony and carries a maximum penalty of
less than five (5) years imprisonment, ninety dollars ($90.00) or fifteen
percent (15%) of any fine imposed on the defendant by the court, whichever is
greater.
(3) Where the offense charged is a misdemeanor, thirty dollars ($30.00) or
fifteen imposed on the defendant by the court, whichever is greater.
(b) These costs shall be assessed whether or not the defendant is sentenced
to prison and in no case shall they be waived by the court unless the
court finds an inability to pay.
(c) When there are multiple counts or multiple charges to be disposed of
simultaneously, the judge shall have the authority to suspend the obligation
of the defendant to pay on all counts or
charges above (d) Up to five percent (5%) of the state funds raised under this section, as well as federal matching funds, shall be available to pay administrative expenses necessary to operate this program. Federal funds for this purpose shall not supplant currently available state funds, as required by federal law. |
|
204) |
Section |
Adding Chapter Numbers: |
|
|
12-29.1-6 |
161 and 204 |
|
|
|
12-29.1-6.
Speedy trial. – In any
action involving a victim sixty-five (65) years of age or older, the court
shall take appropriate action to ensure a speedy trial to minimize the length
of time the victim must endure the stress of involvement in the proceeding.
In ruling on any motion or request for a delay or continuance of proceedings,
the court shall consider any adverse impact the delay or continuance may have
on the well-being of the victim or witness. This provision establishes a
right to speedy trial to the victim and shall not be construed as creating any
additional rights in the defendant. |
|
205) |
Chapter |
Amending Chapter Numbers: |
|
|
14-1-6 |
9 and 475 |
|
|
|
14-1-6. Retention of jurisdiction. – (a) When the court shall have
obtained jurisdiction over any child prior to the child having attained the
age of eighteen (18) years by the filing of a petition alleging that the
child is wayward or delinquent pursuant to § 14-1-5, the child shall, except
as specifically provided in this chapter, continue under the jurisdiction of
the court until he or she becomes nineteen (19) years of age, unless
discharged prior to turning nineteen (19). When the court shall have obtained
jurisdiction over any child prior to the child's eighteenth birthday by the
filing of a petition alleging that the child is dependent, neglected and
abused pursuant to §§ 14-1-5 and 40-11-7, including any child under the
jurisdiction of the family court on petitions filed and/or pending before the
court prior to July 1, 2007, the child shall, except as specifically
provided in this chapter, continue under the jurisdiction of the court until
he or she becomes eighteen (18) years of age; provided, that prior to (b) In any case where the
court shall not have acquired jurisdiction over any person prior to the person's
eighteenth birthday by the filing of a petition alleging that the person had
committed an offense, but a petition alleging that the person had committed
an offense which would be punishable as a felony if committed by an adult
has been filed before that person attains the age of nineteen (19) years of
age, that person shall, except as specifically provided in this chapter, be
subject to the jurisdiction of the court until he or she becomes nineteen
(19) years of age, unless discharged prior to turning nineteen (19). (c) In any case where the
court shall not have acquired jurisdiction over any person prior to the
person attaining the age of nineteen (19) years by the filing of a petition
alleging that the person had committed an offense prior to the person
attaining the age of eighteen (18) years which would be punishable as a
felony if committed by an adult, that person shall be referred to the court
which would have had jurisdiction over the offense if it had been committed
by an adult. The court shall have jurisdiction to try that person for the
offense committed prior to the person attaining the age of eighteen (18)
years and, upon conviction, may impose a sentence not exceeding the maximum
penalty provided for the conviction of that offense. (d) In any case where the
court has certified and adjudicated a child in accordance with the provisions
of §§ 14-1-7.2 and 14-1-7.3, the jurisdiction of the court shall encompass
the power and authority to sentence the child to a period in excess of the
age of nineteen (19) years. However, in no case shall the sentence be in
excess of the maximum penalty provided by statute for the conviction of the
offense. (e) Nothing in this section shall be construed to affect the jurisdiction of other courts over offenses committed by any person after he or she reaches the age of eighteen (18) years. |
|
206) |
Section |
Amending Chapter Numbers: |
|
|
15-3-5 |
85 and 89 |
|
|
|
15-3-5.
Officials empowered to join persons in marriage. -- Every ordained clergy or elder in good standing, every
justice of the supreme court, superior court, family court, workers'
compensation court, district court or traffic tribunal, the clerk of the
supreme court, every clerk or general chief clerk of a superior court, family
court, district court, or traffic tribunal, magistrates, special or general
magistrates of the superior court, family court, traffic tribunal or district
court, administrative clerks of the district court, administrators of
the workers' compensation court, every former justice or judge and former
administrator of these courts and every former chief clerk of the district
court, and every former clerk or general chief clerk of a superior court, the
secretary of the senate, elected clerks of the general assembly, any former
secretary of the senate or any former elected clerk of the general assembly
who retires after July 1, 2007, judges of the United States appointed
pursuant to Article III of the United States Constitution, bankruptcy judges
appointed pursuant to Article I of the United States Constitution, and United
States magistrate judges appointed pursuant to federal law, may join persons in marriage in any city or town in this state; and every justice and every former justice of the municipal courts of the cities and towns in this state and of the police court of the town of Johnston and every probate judge and every former probate judge may join persons in marriage in any city or town in this state, and wardens of the town of New Shoreham may join persons in marriage in New Shoreham. |
|
207) |
Section |
Amending Chapter Numbers: |
|
|
15-5-16.2 |
62 and 66 |
|
|
|
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 non-custodial parent.
(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. In addition, the court may order child
support to continue, in the case of a child with
a severe physical or mental impairment, until the twenty-first (21st)
birthday of the child.
(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 health care information
and consent is withheld, he or she shall apply to the court for leave to
obtain such information after compliance with section 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 review and alter its decree relative
to the amount of support and the payment of it, and may make any decree
relative to it which 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 which show a
substantial change in circumstances and upon which findings of facts the
court has decided to make the decree retroactive. 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.
(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 which 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 title 15. The notice shall inform the
employer of provisions in the child support order, for health care coverage
for the child, and contain instructions on how to implement this coverage. In
lieu of the court ordering the non-custodial parent to obtain or maintain
health care coverage for the child,
the court may order the non-custodial parent to contribute a weekly cash
amount towards the medical premium for health care coverage paid by the state
of
(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 which 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
(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
(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 which 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 and 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 Island,
of written notice to the most recent residential or employer address of
record. [See section 12-1-15 of the General Laws.] |
|
208) |
Section |
Amending Chapter Numbers: |
|
|
16-2-9.3 |
149 and 192 |
|
|
|
16-2-9.3.
The advisory council on school finances. --
(a) The legislature hereby finds and declares that there is a need for an
advisory council on school finances to strengthen the fiscal accountability
of school districts, regional school districts, state schools and charter
schools in Rhode Island. The council shall be composed of five (5) members as
follows:
(1) The auditor general of the state of
(2) The executive director of the
(3) The president of the
(4) The commissioner of elementary and secondary education or his or her
designee; and
(5) The director of the department of administration or his or her designee.
The auditor general or his or her designee shall serve as chair of the
council. By July 1, 2005, the council shall develop recommendations for a uniform
system of accounting, including a chart of accounts for all school districts,
regional school districts, state schools and charter schools. By July 1,
2009 the council shall develop recommendations for a uniform system of
accounting for all educational regional collaboratives identified in section
16-3.1. Said recommendations shall be advisory in nature and may be
adopted by the office of auditor general and the department of elementary and
secondary education in part or in whole.
(b) The council shall meet no less than annually and recommend changes in
accounting procedures to be adopted by school districts, regional school
districts, state schools and charter schools as well as apprise school
business officials, charter school officials, school committees and school
superintendents, school administrators and state school officials about
professional development opportunities that promotes sound fiscal practices
and a knowledge of current state and federal rules and regulations regarding school finance. The council shall also report, annually, its activities and recommendations to the house committee on education accountability, the senate committee on education and the office of the governor. |
|
209) |
Section |
Adding Chapter Numbers: |
|
|
16-2-9.5 |
92 and 134 |
|
|
|
16-2-9.5.
Other post-employment benefits -- OPEB trusts. – (a) Notwithstanding the provisions of any general or
special law, or the provisions of any municipality's home rule charter, to
the contrary, for purposes of funding any unfunded liability for other
post-employment benefits
including, but not limited to, health care and dental care benefits
hereinafter referred to as ("OPEB") in accordance with govrnment
accounting standards board statements 43 and 45, a school district, acting by
its business manager or superintendent, upon an approving resolution of the
school committee or school board as applicable, may enter into a trust
agreement between the school district and a corporate trustee which shall be
a bank or trust company doing business in the state. This trust agreement
shall be in any form deemed proper by the business manager or superintendent,
and shall be executed by its business manager or superintendent and
countersigned by the chair of the school committee of the school district. It
shall be lawful for any bank or trust company doing business in the state to
act as a depository or trustee under this trust agreement, and to furnish
indemnification and pledge securities that may be required by any school
district. (b)
OPEB trust funds shall be credited with all amounts appropriated or otherwise
made available by the school district for the purposes of meeting the current
and future OPEB costs payable by the school district. OPEB trust funds shall
also be credited with all amounts contributed or otherwise made available by
employees of the school district for the purpose of meeting future OPEB costs
payable by the school district. Amounts in an OPEB trust fund, including any
earnings or interest accruing from the investment of these amounts, shall be
expended only for the payment of the costs payable by the school district for
OPEB or as otherwise permitted by the terms of the trust and applicable law.
The business manager or superintendent, as applicable, shall invest or
reinvest the amounts in the OPEB trust fund in any investment permitted for
the state pension funds consistent with the investment policies of the state
general treasurer's office. (c)
School districts are hereby authorized to enter into agreements, trusts,
contracts, and other arrangements with the state and any of its departments,
agencies, boards or commissions relating to the execution, management or
operation of the OPEB trust funds, including, but not limited to,
investments, and the state and its department, agencies, boards and
commissions are hereby authorized to enter into such agreements, contracts
and other arrangements with school districts. Notwithstanding any provisions
of any general or special law or principle of equity to the contrary, the
state shall have no liability to any school district for entering into such
agreements. A school district may employ any qualified bank, trust company,
corporation, firm or person to advise it on the investment of the OPEB trust
fund and may pay from the OPEB trust fund for this advice and other services.
Procurement for these services shall be subject to the procurement procedures
and rules governing school districts in state law. (d)
Nothing contained herein will prevent any school district from entering into
agreements with other school districts per section 16-2-9.2 for the purposes
of jointly pooling their investments or collectively entering into an
agreement with a corporate trustee, as defined in subsection (a) of this
section. (e) Nothing herein shall be construed to exempt OPEB trusts from the Rhode Island Access to Public Records Act, RIGL 38-2-1 et seq. |
|
210) |
Section |
Amending Chapter Numbers: |
|
|
16-3.1-13 |
149 and 192 |
|
|
|
16-3.1-13.
Reporting. -- Any
collaborative established under this chapter shall implement a uniform system
of accounting in compliance with section 16-2-9.3 |
|
211) |
Section |
Amending Chapter Numbers: |
|
|
16-7.1 |
151 and 182 |
|
|
|
CHAPTER
16-7.1 THE |
|
212) |
Section |
Amending Chapter Numbers: |
|
|
16-7.1-15 |
100, 151 and 182 |
|
|
|
16-7.1-15.
year
1997-1998, adjusted to reflect the increases or decreases in aid enacted to
meet the minimum and maximum funding levels established for FY 2000 through
FY 2007. Each school district shall also receive school aid through each
investment fund for which that district qualifies pursuant to sections
16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11, 16-7.1-12, 16-7.1-16 and 16-7.1-19.
These sums shall be in addition to the base amount described in this section.
For FY 2008, the reference year for the data used in the calculation of aid
pursuant to section 16-7.1-8, section 16-7.1-9, section 16-7.1-10, section
16-7.1-11, section 16-7.1-11.1, section 16-7.1-12, section 16-7.1-16,
sections 16-7.1-19 and 16-77.1-2(b) shall be FY 2004. Calculation and
distribution of education aid under sections 16-5-31, 16-5-32, 16-7-20,
16-7-20.5, 16-7-34.2, 16-7-34.3, 16-24-6, 16-54-4, and 16-67-4 is hereby
suspended. The funding of the purposes and activities of chapter 67 of this
title, the Rhode Island Literacy and Dropout Prevention Act of 1967, shall be
the same amount of the base amount of each district funded for that purpose
in fiscal year 1997-1998. In addition each district shall expend three
percent (3%) of its student equity and early childhood funds under the provisions
of chapter 67 of this title. (b)
Funding for full day kindergarten programs in accordance with section
16-7.1-11.1 shall be in addition to funding received under this section. (c)
Funding distributed under sections 16-77.1-2(b) and 16-64-1.1 shall be in
addition to funding distributed under this section. (d)
There shall be an appropriation to ensure that total aid distributed to
communities in FY 2008 under this section and sections 16-7.1-11.1, 16-64-1.1
and 16-77.1-2(b) shall be as follows:
Burrillville 13,854,743
Foster 1,416,463
Glocester 3,213,847
Hopkinton 6,241,352
Little
Narragansett 1,897,159
New Shoreham 106,345
Tiverton 5,932,058
Westerly 6,843,077
Bristol-Warren 20,498,190
Exeter-West
Chariho 398,334
Foster-Glocester 5,729,861
This special provision shall not limit entitlements as determined by
application of other formula provisions in this section. (e)
Children with disabilities. - (1) Based on its review of special education
within the context of Rhode Island school reform, the general assembly
recommends addressing the needs of all children and preventing disability
through scientific research based, as described in the No Child Left Behind
Act of 2001, Title 1, Part B, Section 1208 [20 U.S.C. section 6368] reading
instruction and the development of Personal Literacy Programs for students in
the early grades performing below grade level in reading and implement a
system of student accountability that will enable the state to track
individual students over time. Additionally, the department of elementary
and secondary education must provide districts with rigorous criteria and
procedures for identifying students with learning disabilities and speech/language
impairments. Additional study is required of factors that influence
programming for students with low incidence disabilities; those with
disabilities that severely compromise life functions; and programming for
students with disabilities through urban special education. Alternatives for
funding special education require examination. (2) All departments and agencies of the state shall furnish any advice and information, documentary and otherwise, to the general assembly and its agents that is deemed necessary or desirable by the study to facilitate the purposes of this section. |
|
213) |
Section |
Amending Chapter Numbers: |
|
|
16-19-1.1 |
343 and 440 |
|
|
|
16-19-1.1.
Grants and gifts -- Acceptance and expenditure – supplies,
materials and services, conditional or otherwise, from any state, the federal
government, or any governmental entity or agency; or from any person, firm,
association, foundation or corporation, and shall receive, utilize and
dispose of the same pursuant to the express terms or conditions stipulated by
such donation, gift or grant.
(b) Any amounts so received shall be deposited with the city/town
treasurer and shall be held as a separate account and may be expended by such
school department or school committee receiving
the grant, gift or donations without further appropriation. (c) If the express terms or conditions of the donation, gift or grant so stipulate, interest on the donated, gifted or granted funds may remain with and become a part of the donation, gift or grant account and may be expended as part of the donation, gift or grant by the school department or school committee receiving the donation, gift or grant without further appropriation. |
|
214) |
Section |
Amending Chapter Numbers: |
|
|
16-21-26 |
102, 150 and 220 |
|
|
|
16-21-26.
Student discipline codes. -- (a)
As used in this section:
(1) "At school" means in a classroom, elsewhere on or immediately
adjacent to school premises, on a school bus or other school-related vehicle,
at an official school bus stop, or at any school-sponsored
activity or event whether or not it is held on school premises.
(2) "Harassment, intimidation or bullying" means an intentional
written, electronic, verbal or physical act or threat of a physical
act that, under the totality of circumstances:
(i) A reasonable person should know will have the effect of: physically
harming a student, damaging a student's property, placing a student in
reasonable fear of harm to his or her person, or placing a student in
reasonable fear of damage to his or her property; or
(ii) Is sufficiently severe, persistent or pervasive that it creates an
intimidating, threatening or abusive educational environment for a student. (3)
"Electronic" communications shall include any verbal, textual or
graphic communication of any kind effected, created or transmitted by the use
of any electronic device, including, but not limited to, a computer,
telephone, cellular telephone, text-messaging device and/or
personal data assistance device.
(b) The board of a school district of a public school shall adopt a policy
prohibiting harassment, intimidation, or bullying at school. The policy shall
specifically prohibit harassment, intimidation and bullying by students at
school and address prevention of an education about such behavior. The policy
shall be adopted through a process that includes representation of parents or
guardians, school employees, volunteers, pupils, school administrators and
community representatives.
(c) Each school district shall adopt the policy under this section and
transmit a copy of its policy to the commissioner of elementary and secondary
education and director of the department of education by September 1, 2004.
(d) To assist school districts and public schools in developing policies for
the prevention of harassment, intimidation or bullying, the department of
education shall develop a model policy applicable to grades K-12. This model
policy shall be issued no later than December 1, 2003.
(e) A school district shall ensure that notice of the school district's or public
school's policy under this section is included in any publication of the
school district or public school policy that sets forth the comprehensive
rules, procedures and standards of conduct for its schools and in its pupil
handbook.
(f) A school employee, pupil or volunteer shall not, nor shall those
individuals solicit others with the intent to engage in reprisal, retaliation
or false accusation against a victim, witness or one with reliable
information about an act of harassment, intimidation or bullying.
(g) A school employee, pupil or volunteer who has witnessed or has reliable
information that a pupil has been subjected to harassment, intimidation or
bullying, whether written, verbal or physical, is encouraged to report the
incident to the appropriate school official designated by the school
district's or public school's policy.
(h) A school employee who promptly reports an incident of harassment,
intimidation or bullying to the appropriate school official designated by the
school district's or public school's policy, and who makes this report in
compliance with the procedures in the policy prohibiting harassment,
intimidation or bullying is not liable for damages arising from any failure
to remedy the reported incident.
(i) Public schools and school districts are encouraged to form bullying
prevention task forces, programs and other initiatives involving school
staff, pupils, administrators, volunteers, parents, law enforcement and
community members.
(j) Each school district or public school shall do all of the following:
(1) Provide training on the school district's or public school academy's
harassment, intimidation or bullying policies to school employees and
volunteers who have significant contact with pupils.
(2) Develop a process for discussing the harassment, intimidation or bullying
policy with pupils.
(k) A school district or public school academy shall incorporate information
regarding the school district or public or private school academy's policy
against harassment, intimidation or bullying into each school's employee
training program. (l) This section does not prevent a victim from seeking redress under any other available law, either civil or criminal. This section does not create or alter any tort liability. |
|
215) |
Section |
Amending Chapter Numbers: |
|
|
16-21-31 |
86 and 90 |
|
|
|
16-21-31.
Notice of peanut/tree nut allergies -- Posting. -- (a) In any school subject to the provisions of this
chapter wherein a student with an allergy to peanuts/tree nuts and/or food
derived from peanut/tree nuts products is in attendance, a notice shall be
posted within that school building in a conspicuous place at every point of
entry and within the cafeteria facility advising that there are students at
said school with allergies to peanuts/tree nuts. The notice shall not identify
the individual(s) with such allergy. |
|
216) |
Section |
Adding Chapter Numbers |
|
|
16-21-32 |
86 and 90 |
|
|
|
16-21-32.
Peanut/tree nut allergies. – (a)
The governing body of each elementary, middle or junior high school approved
for the purpose of sections 16-19-1 and 16-19-2, shall develop a policy
designed to provide a safe environment for students with peanut/tree nut
allergies. When a school is aware that an enrolled student has a peanut/tree
nut allergy with potentially serious health consequences, the school shall
implement a protocol, consistent with the governing body’s policy, that
provides the student with protections while he or she is attending school or
participating in school-sponsored activities. The governing body’s policy
shall include the development of an individual health care plan (IHCP) and an
emergency health care
plan (EHCP) for each student with such food allergy. The student’s IHCP and
EHCP shall be developed collaboratively and be signed by the school nurse,
the student’s health care provider, the parents/guardians of the student, and
the student (if appropriate). Depending upon the nature and extent of the
student’s peanut/tree nut allergy, the measures listed in the IHCP may
include the posting of signs at school, the prohibition of the sale of
particular food items in the school, the designation of special tables in the
cafeteria, the prohibition of particular food items in certain classrooms,
and the complete prohibition of particular food items from a school or school
grounds. (b)
The department of elementary and secondary education and the department of
health shall amend their rules and regulations for school health programs to
establish standards for the care of students with peanut/tree nut allergies. |
|
217) |
Section |
Amending Chapter Numbers: |
|
|
16-22-4 |
254 and 463 |
|
|
|
16-22-4.
Instruction in health and physical education. -- All children in grades one through twelve
(12) attending public schools, or any other schools managed and controlled by
the state, shall receive in those schools instruction in health and physical
education under rules and regulations the department of elementary and
secondary education may prescribe or approve during periods which shall
average at least twenty (20) minutes in each school day. No private school or
private instruction shall be approved by any school committee for the
purposes of chapter 19 of this title as substantially equivalent to that
required by law of a child attending a public school in the same city and/or
town unless instruction in health and physical education similar to that
required in public schools shall be given. Commencing September 1, 2012,
the required health education curriculum shall be based on the health
education standards of the Rhode Island Health Education Framework: Health
Literacy for All Students as promulgated by the Rhode Island department of
education and consistent with the mandated health instructional outcomes
therein. Commencing September 1, 2012, the required physical education
curriculum shall be based on the physical education standards of the Rhode
Island Physical Education Framework: Supporting Physically Active Lifestyles
through Quality Physical Education as promulgated by the Rhode Island
department of education and consistent with the instructional outcomes
therein. |
|
218) |
Section |
Amending Chapter Numbers: |
|
|
16-23-2 |
232 and 323 |
|
|
|
16-23-2.
Loan of textbooks. -- (a) The school
committee of every community as it is defined in section 16-7-16 shall
furnish upon request, at the expense of the community, textbooks to all
students in grades K-12 in the fields of mathematics, science, modern foreign
languages, English/language arts and history/social studies, appearing on the
list of textbooks published by the commissioner of elementary and secondary
education as provided in section 16-23-3, to all pupils of elementary and
secondary school grades resident in the community, the textbooks to be loaned
to the pupils free of charge, subject to any rules and regulations as to care
and custody that the school committee may prescribe. For loan purposes,
non-public schools may not change a textbook assignment in a field more often
than once in a three (3) year period as required of public schools in
accordance with the provisions of section 16-23-1. Nothing in this section
shall be construed as forbidding non-public schools from requiring the use of
any textbook, consistent with the provisions of this chapter, that does not
adhere to said limitation, provided that the textbook is furnished to the
student through a means other than the school committee of the student's city
or town of residence.
(b) Every school committee shall also furnish at the expense of the community
all other textbooks and school supplies used in the public schools of the
community, the other textbooks and supplies to be loaned to the pupils of the
public schools free of charge, subject to any rules and regulations as to
care and custody that the school committee may prescribe. School books
removed from school use may be distributed to pupils, and any textbook may
become the property
of a pupil who has completed the use of it in school, subject to rules and
regulations prescribed by the school committee.
(c) Nothing in this section shall be construed to forbid requiring or
accepting from a pupil a deposit of a reasonable amount of money as a
guaranty for the return of school property other than the books and supplies
required in this section to be loaned free of charge, provided that the school committee shall make suitable rules and regulations for the safekeeping and return of deposits; and, provided, further, that in establishing schedules for deposits, the school committee should include provision for waiver of deposit due to financial hardship. |
|
219) |
Section |
Amending Chapter Numbers: |
|
|
16-24-1 |
141 and 166 |
|
|
|
16-24-1.
Duty of school committee to provide special education. -- (a) In any city or town where there is a child with a
disability within the age range as designated by the regulations of the state
board of regents for elementary and secondary education, who is functionally
limited to such an extent that normal educational growth and development is
prevented, the school committee of the city or town where the child
resides shall provide the type of special education that will best
satisfy the needs of the child with a disability, as recommended and approved
by the state board of regents for elementary and secondary education in
accordance with its regulations governing the education of children with
disabilities. (b)
Notwithstanding any other federal or state law or regulation, the school
committee where a parentally placed child who has or develops a disability in
private school resides, shall provide the child with the same free and
appropriate education as it provides to children in public schools. These
children shall have the same rights and remedies in the regulations of the
board of regents for elementary and secondary education governing the
education of children with disabilities
as children in public school relative to initially determining eligibility,
implementation and/or any other rights and remedies relative to any special
education services the child may be eligible or receive from the public
school district. (c)
For the purpose of this statute, a parentally placed child who has or
develops a disability in private school is defined as a child enrolled or
placed in a private school by the unilateral decision of his or her parents
and without consolation of the public school district, who either has, or at
some point while at the private school is diagnosed with a learning
disability. Parents who unilaterally enroll their child in a private school
are required to pay the tuition costs related
to the child's education that are unrelated to the child's disability, and
the public school district where the child resides is responsible for payment
of the services related to the child's disability
as developed and determined in the child's individual education plan. (d)
For the purpose of this statute, a free and appropriate education is defined
as special education services and related services that: (i)
Are provided at public expense, under public supervision and direction, and
without charge; (ii)
Meet all of the standards and requirements of the state of secondary
education governing the education of children with disabilities, which shall
include initial evaluation and determination procedures; (iii)
Include preschool, elementary school or secondary school education in the
state; and (iv)
Are provided in conformity with an individualized education program that
meets the requirements
of the regulations of the board of regents for elementary and secondary
education governing the education of children with disabilities.
(e) |
|
220) |
Section |
Adding Chapter Numbers: |
|
|
16-45-6.2 |
148 and 188 |
|
|
|
16-45-6.2.
The Paul W. Crowley Metropolitan Career and and known as
the "Paul W. Crowley Metropolitan Career and |
|
221) |
Section |
Adding Chapter Numbers: |
|
|
16-87 |
110 and 265 |
|
|
|
CHAPTER 87 |
|
222) |
Section |
Adding Chapter Numbers: |
|
|
16-87-1 |
110 and 265 |
|
|
|
16-87-1. Short
title. – This act shall
be known and may be cited as the " |
|
223) |
Section |
Adding Chapter Numbers: |
|
|
16-87-2 |
110 and 265 |
|
|
|
16-87-2.
Findings. -- (a) The general assembly
hereby finds that attending high quality early childhood education programs
help children develop important social and cognitive skills and knowledge
that prepares children to succeed in school. Research has shown long-lasting
benefits for children who participate in very high quality, educationally focused
early childhood programs. The benefits to children can also generate
substantial government cost savings, including
reduced need for special education services, reduced need for cash assistance
and other public benefits, and reduced rates of incarceration. (b)
The general assembly finds that there are substantial numbers of children in (c)
Furthermore, the general assembly finds that there is an existing
infrastructure of early childhood programs in network,
including child care, Head Start and public school districts. (d) By enacting this law, the general assembly acknowledges the need to adequately prepare all children to succeed in school by providing access to publicly-funded high quality prekindergarten education programs. |
|
224) |
Section |
Adding Chapter Numbers: |
|
|
16-87-3 |
110 and 265 |
|
|
|
16-87-3.
Planning phase for a prekindergarten program. – (a) The Rhode Island department of elementary and
secondary education shall begin planning an initial, pilot prekindergarten
program that meets high quality standards, builds on the existing early
childhood education infrastructure in the state (including child care, Head
Start and public schools) and serves children ages three (3) and four (4) who
reside in communities with concentrations of low performing schools. This
planning phase will develop specific goals to expand the pilot
prekindergarten program over time and will also identify opportunities to
strengthen care and learning programs for infants and toddlers. (b)
During this planning phase, the Rhode Island department of elementary and
secondary education will quantify the resources needed to achieve and
maintain high quality standards in prekindergarten programs and identify
incentives and supports to develop a qualified early education workforce,
including opportunities for experienced early childhood educators and
paraprofessionals to acquire college degrees and earn early childhood teacher
certification. (c)
The |
|
225) |
Section |
Adding Chapter Numbers: |
|
|
16-87-4 |
110 and 265 |
|
|
|
16-87-4.
Early childhood workforce development. --
The development scholarship program to expand the numbers of early childhood educators who have an associate's or bachelor's degree in early childhood education and who work with children from birth to age (5). |
|
226) |
Section |
Adding Chapter Numbers: |
|
|
16-87-5 |
110 and 265 |
|
|
|
16-87-5.
Reporting. -- The |
|
227) |
Section |
Repealing Chapter Numbers: |
|
|
17-1-9 |
293 and 411 |
|
|
|
17-1-9. [Repealed.] |
|
228) |
Section |
Amending Chapter Numbers: |
|
|
17-9.1-19 |
132 and 178 |
|
|
|
17-9.1-19.
Single registration. -- (a)
Nothing in this chapter shall be construed to require any voter to reregister
if he or she is already registered in the city or town in which the voter has
his or her residence, as defined in section 17-1-3.1. A voter shall have
no more than one voter registration. Any voter who is registered (b) The local board of canvassers of each city or town shall review their voter registration files on a quarterly basis in accordance with regulations adopted by the secretary of state for the purpose of removing duplicate voter registrations in the central voter registration system for any voter registered in their city or town. |
|
229) |
Section |
Amending Chapter Numbers: |
|
|
17-9.1-21 |
357 and 454 |
|
|
|
17-9.1-21.
Registration lists furnished to political parties. -- The local boards shall not more than declared
candidate for public office, furnish without cost and without unreasonable
delay to the chairperson, or the chairperson's accredited representative, and
to any state or local office holder or declared candidate for public office
so requesting, the names and addresses of all persons who are newly
registered to vote in the city or town, the names and addresses of all
electors who have transferred to a new voting address, and the names and
addresses of all persons whose names have been removed from the voting list
or placed in the inactive category. In the event that any list so furnished
is declared to be inaccurate by the chairperson of the democratic state
committee or the chairperson of the republican state central committee, the state board of elections shall, at its discretion, if requested by either of the chairpersons, appoint a disinterested person to examine the records of the local board for the purpose of determining the accuracy of the list. Nothing in this section shall be construed to prevent any member of the general public from obtaining the same information under the access to Public Records Acts, chapter 2 of title 38. |
|
230) |
Section |
Amending Chapter Numbers: |
|
|
17-11-12.1 |
231 and 408 |
|
|
|
17-11-12.1.
High school election officials. — Notwithstanding any
other general law to the contrary, and in order to provide for a greater
awareness of the elections process, the rights and responsibilities of voters
and the importance of participating in the electoral process, as well as to
provide additional workers, an elections official may appoint not more than
five (5) students per ward, and/or precinct to serve under the direct
supervision of ward, and/or precinct board members designated by the
elections official. A student may be appointed, notwithstanding lack of
eligibility to vote, subject to the approval of the (1) Is
at least sixteen (16) years of age at the time of the election to which he
or she is serving as a member of a ward, and/or precinct board. (2) Is a
election
to which he or she is serving as a member of a ward, and/or precinct
board. (3) Is a
student in good standing attending a public or private secondary
educational institution. (4) Is a
junior or senior and has a grade point average of at least 2.5 on a
4.0 scale. (c)
Astudent appointed pursuant to this section may not be used to tally votes. |
|
231) |
Section |
Amending Chapter Numbers: |
|
|
17-18-10 |
302 and 449 |
|
|
|
17-18-10.
Time of opening of polls. -- (a)
Elective meetings in the cities and towns named in this section shall be
opened for the purpose of voting at the hours specified for each particular
city or town as designated in the specific time as follows:
(1) Barrington Polls open at 7 a.m. (2)
Bristol Polls open at 7 a.m. (3)
Burrillville Polls open at 7 a.m. for the biennial general election and 9
a.m. for all other elections (4)
Central Falls Polls open at 7 a.m. (5)
Charlestown Polls open at 7 a.m. for the biennial general election and 9 a.m.
for all other elections (6)
Coventry Polls open at 7 a.m. (7)
Cranston Polls open at 7 a.m. (8)
Cumberland Polls open at 7 a.m. (9)
East Greenwich Polls open at 7 a.m. (10)
East Providence Polls open at 7 a.m. (11)
Exeter Polls open at 7 a.m. (12)
Foster Polls open at 7 a.m. (13)
Glocester Polls open at 7 a.m. (14)
Hopkinton Polls open at 7 a.m. (15)
Jamestown Polls open at 7 a.m. for the biennial general election and 8 a.m.
for all other elections (16)
Johnston Polls open at 7 a.m. (17)
Lincoln Polls open at 8 a.m. (18)
Little Compton Polls open at 7 a.m. (19)
Middletown Polls open at 8 a.m. and 7 a.m. for Presidential Elections only (20)
Narragansett Polls open at 7 a.m. (21)
Newport Polls open at 8 a.m. (22)
New Shoreham Polls open at 9 a.m. (23)
North Kingstown Polls open at 7 a.m. (24)
North Providence Polls open at 7 a.m. (25)
North Smithfield Polls open at 8 a.m. (26)
Pawtucket Polls open at 7 a.m. (27)
Portsmouth Polls open at 7 a.m. (28)
Providence Polls open at 7 a.m. (29)
Richmond Polls open at 6 a.m. (30)
Scituate Polls open at 7 a.m. (31)
Smithfield Polls open at 7 a.m. (32)
South Kingstown Polls open at 7 a.m. (33)
Tiverton Polls open at 8 a.m. (34)
Warren Polls open at 8 a.m. (35)
Warwick Polls open at 7 a.m. (36)
Westerly Polls open at 7 a.m. (37)
West Greenwich Polls open at 7 a.m. (38)
West Warwick Polls open at 7 a.m. (39)
Woonsocket Polls open at 8 a.m. (b)
In all special or primary elections in the towns of Hopkinton, (c)
In all presidential preference primaries in the town of (d) In all primary elections in all cities and towns, polls may open at 7:00 a.m. Notice shall be given and posted by the local board. |
|
232) |
Section |
Amending Chapter Numbers: |
|
|
17-18-15 |
283 and 363 |
|
|
|
17-18-15.
Closing of schools. -- At each general
election as defined in section 17-1-2(2) and statewide primary as defined in
section 17-15-1, all public elementary and secondary schools throughout the state shall not be in session. On the day of the general election and statewide primary, the use of school buildings or premises shall be restricted to use only as polling places for election purposes. Notwithstanding the previous provisions, school staff development days may be held. Provided further, that the provisions of this section shall not be applicable to the Block Island School, located in the town of New Shoreham, and the use of the Block Island School shall not be restricted, nor shall classes need to be cancelled or postponed at said school, on the day of general elections and statewide primaries. |
|
233) |
Section |
Amending Chapter Numbers: |
|
|
18-4-24 |
434 and 442 |
|
|
|
18-4-24.
Termination of small trusts. -- (a)
Any corporate trustee authorized to serve as a trustee under chapter 3.1 of
title 19, which is a trustee of any inter vivos or testamentary trust, may,
in its sole discretion, or, if there is a cotrustee or cotrustees, after
having obtained the approval of any cotrustee, terminate the trust in whole
or in part, if the current market value of the trust principal is less than existence
of any spendthrift or similar protective provision shall not preclude
termination of that trust.
(b) (1) The trust principal and income on hand, less fees and expenses, shall
be distributed to one or more beneficiaries and remaindermen, or their legal
representative, in the proportions and amounts that the trustee in its
discretion determines to be appropriate under the circumstances, giving
consideration to the terms of the trust and the interests of the income
beneficiaries and remaindermen. The recipient shall release the trustee or
trustees from liability upon distribution of the amounts held.
(2) The interest of a minor beneficiary, or any portion of the interest, may
be converted into qualifying property and distributed to a custodian pursuant
to the Rhode Island Uniform Transfers to Minors Act, chapter 7 of this title,
or similar acts in other states.
(3) Any trust qualifying for the marital deduction under appropriate
provisions of the Internal Revenue Code, 26 U.S.C. section 1 et seq., shall
be distributed only to the surviving spouse of the decedent or settlor.
(4) Any trust qualifying for the charitable deduction under appropriate
provisions of the Internal Revenue Code, 26 U.S.C. section 1 et seq., shall
be distributed only to the appropriate charity
or charities or in a manner to assure the continued qualification of the
distribution for the charitable deduction. The trustee shall not be required
to look into the application by the charity of the amount distributed.
(c) (1) The termination may occur only after written notice sent by certified
mail to all interested persons who then have an interest in the trust, or
their legal or natural guardians. The term "interested person"
means any living person or existing organization who is a current income beneficiary
or who would be a vested remainderman of the trust if the trust were to
terminate at the time of the notification.
(2) The written notice required by this section shall:
(i) State that the trustee intends to terminate the trust in accordance with
this section;
(ii) Include a schedule of current trust assets and describe the plan of
distribution;
(iii) Set forth all rights of the interested person to object to the
termination or plan of distribution as set forth in subsection (d) of this
section; and
(iv) State that the trustee may proceed to terminate the trust,
notwithstanding any objection to the termination or plan of distribution.
(d) (1) Any interested person shall have thirty (30) days after receiving
written notice in accordance with subsection (c) of this section to object to
the termination of the trust or the plan of distribution in writing to the
trustee, stating the grounds for the objection. If the trustee has received
no written objection to the proposed termination or plan of distribution
within the thirty (30)
day period, it may proceed to terminate the trust, subject to the waiting
period contained in subdivision (4) of this subsection.
(2) A trustee receiving a written objection to the proposed termination or
plan of distribution from an interested person within thirty (30) days of the
person's receipt of written notice may: (i) reformulate the proposed plan, or
(ii) state its intention to proceed with the original plan of distribution.
The trustee shall then re-notify all interested persons of its intentions in
a writing sent by certified mail. The re-notification shall begin again the
thirty (30) day period referred
to in subdivision (1) of this subsection.
(3) A trustee receiving a written objection to the proposed reformulated plan
of distribution from an interested person within thirty (30) days of the
person's receipt of written notice of the reformulated plan may proceed to
terminate the trust in accordance with the plan, without court proceeding or
approval, notwithstanding the objection, provided that all interested persons
have been further notified in writing sent by certified mail of:
(i) The objection;
(ii) The trustee's intention to proceed to terminate the trust, notwithstanding
the objection; and
(iii) Their right to petition the superior court to prevent the termination
of the trust or to modify the plan of distribution.
(4) Any interested person, within three (3) months of the mailing of the
initial or the further notice of the trustee's intention to proceed with the
termination, notwithstanding an objection, may petition the superior court to
prevent termination or modify the plan of distribution or may send the
trustee a written waiver of the right to petition. The trustee shall not
distribute the assets of the trust until three (3) months from the date of
the receipt by the last interested person to receive notice or the further
written notice as provided in subdivision (3) of this subsection.
(e) Superior court approval of a termination of a small trust shall be
required whenever there is no corporate trustee. An individual trustee may
petition the superior court after notice to all interested persons according
to the notice provisions in subsection (c) of this section. The court shall
make an order of distribution of the trust property which shall specify the
appropriate share of each interested person who is to share in the proceeds
of the trust, taking into account the interests of income beneficiaries or
remaindermen so as to conform as nearly as possible the intention of the
trust or testator. The superior court, in addition, may make any other and
further orders that it deems proper or necessary to protect the interests of
the eneficiaries and of the trustee. All provisions of subsection (b) of this
section shall apply to terminations under this subsection.
(f) Notwithstanding any other provision contained in this section, any
corporate trustee of a trust may seek superior court approval of the
termination, and after submission of a principal accounting, be released,
along with any cotrustee, from all liability with respect to the trust. |
|
234) |
Section |
Amending
Chapter Numbers: |
|
|
19-9-2 |
238 and 309 |
|
|
|
19-9-2.
Escrow accounts -- Interest. -- (a)
Every mortgagee holding funds of a mortgagor in escrow for the payment of
taxes and insurance premiums with respect to mortgaged property located in
this state shall pay or credit interest on those funds at a rate payment
shall be paid to the mortgagor. The provision of this section shall apply
only with respect to mortgages on owner-occupied residential property
consisting of not more than four (4) living units. The provisions of this
section shall not be waived. No mortgagee holding the mortgagor's funds in
escrow for the payment of taxes shall also charge an annual "tax service
fee" or other annual fee for ascertaining whether or not the real estate
taxes have in fact been paid. Any mortgagee violating the provisions of this
section shall be fined not more than one hundred dollars ($100) for each
offense.
(b) Mortgages insured or guaranteed by the farmer's home loan administration,
federal housing administration, or the veterans' administration, or a private
mortgage insurer licensed to do business in the state of (c) The director or the director's designee shall adopt any regulations that are necessary to carry out the provisions of this section. |
|
235) |
Section |
Amending Chapter Numbers: |
|
|
19-14-1 |
261 and 452 |
|
|
|
19-14-1.
Definitions. -- For purposes of this chapter and
chapters 14.1, 14.2, 14.3, 14.4, 14.6 and 14.7 of this title:
(1) "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;
(2) "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;
(3) "Electronic money transfer" means receiving money for
transmission within the
(4) (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) The loan solicitation is done by an individual with a physical presence
in this state; or
(E) 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;
(5) "Licensee" means an entity licensed under this chapter;
(6) "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 "pay day
loans," "pay day advances," or "deferred presentment
loans," in which a cash advance is made to a customer in exchange for
the customer's personal check, or in exchange for the customer's
authorization to debit
the customer's deposit account, and where the parties agree either that the
check will not be cashed or deposited, or that customer's deposit account
will not be debited, until a designated future
date.
(7) "Loan broker" means any person who, 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.
(8) "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;
(9) "Primary market" means the market in which loans are made to
borrowers by lenders, whether or not through a loan broker or other conduit;
(10) "Principal owner" means any person who 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;
(11) "Sell" means to sell, to issue, or to deliver a check;
(12) "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;
(13) "Small loan lender" means a lender engaged in the business of
making small loans within this state;
(14) "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;
(15) "Check casher" means a person or entity that, for
compensation, engages, in whole or in part, in the business of cashing
checks;
(16) "Deferred deposit transaction" means any transaction such as
those commonly known as "pay-day loans," "pay-day
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;
(17) "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;
(18) "Insurance premium finance company" means a person engaged in
the business of making insurance premium finance agreements or acquiring
insurance premium finance agreements from other insurance premium finance
companies;
(19) "Simple interest" means interest computed on the principal
balance outstanding immediately prior to a payment for the actual number of
days between payments made on a loan over the life of a loan;
(20) "Nonprofit organization" means a corporation qualifying as a
26 U.S.C. section 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;
(21) "Mortgage loan originator" means a natural person employee of a
lender or loan broker that is required to be licensed under Rhode Island
general laws section 19-14-1 et seq., or a provisional employee as defined
herein, and who for or with the expectation of a fee, commission
or other valuable consideration (i) advises an applicant about different loan
products and their terms and conditions in order to permit the applicant to
select and apply for a particular loan product, or (ii) advises persons in
completing loan applications by informing the applicant regarding the
benefits, terms and/or conditions of a loan product or service, or (iii)
negotiates or offers to negotiate the making of a loan with an applicant. A
person whose activities are ministerial and clerical is not acting as a
mortgage loan originator;
(22) "Mortgage loan" means a loan secured in whole or in part by
real property located in this state;
(23) "Loan solicitation" shall mean an effectuation, procurement,
delivery and offer, and 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 which 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;
(24) "Loan processing" shall mean any of a series of acts or
functions including the preparation of a loan application and supporting documents
performed by a person which 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, taking or
receiving loan applications, 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:
(A) The providing of title services, including title searches, title
examinations, abstract preparation, insurability determinations, and the
issuance of title commitments and title insurance policies, loan closings,
preparation of loan closing documents when performed by or under the
supervision of a licensed attorney, licensed title agency or licensed title
insurance company;
(B) Rendering of credit reports by an authorized credit reporting agency; and
(C) Rendering of appraisal services.
(25) "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;
(26) "Negotiate a loan" shall mean 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;
(27) "Natural person employee" shall mean any natural person
performing services as a bona-fide employee for a person licensed under the
provisions of Rhode Island general laws section 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;
(28) "Bona-fide employee" shall mean an employee of a licensee who
works under the oversight and supervision of the licensee;
(29) "Oversight and supervision of the licensee" shall mean that
the licensee provides training to the employee, sets the employee's hours of
work, and provides the employee with the equipment and physical premises
required to perform the employee's duties;
(30) "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;
(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, 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 was 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;
(iii) A restriction of the exclusive agents' mortgage loan originators'
activities to loans to be made only by the subsidiary's affiliated bank; and
(32) [Effective December 31, 2008; see contingent effective date note.]
"Multi-state licensing system" a system involving one or more
states, the District of Columbia, or the Commonwealth of Puerto Rico
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. (33) "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. |
|
236) |
Section |
Amending Chapter Numbers |
|
|
19-14.1-10 |
261 and 452 |
|
|
|
19-14.1-10.
Special exemptions. -- (a) The
licensing provisions of chapter 14 of this title shall not apply to:
(1) Nonprofit charitable, educational, or religious corporations or
associations;
(2) Any person who makes less than six (6) loans in this state in any
consecutive twelve (12)
month period; there is no similar exemption from licensing for loan brokers
for brokering loans or acting as a loan broker;
(3) Person(s) acting as an agent for a licensee for the purpose of conducting
closings at a location other than that stipulated in the license;
(4) Regulated institutions and banks or credit unions organized under the
laws of the United States, or subject to written notice with a designated
Rhode Island agent for service of process in the form prescribed by the
director or the director's designee, of any other state within the United
States if the laws of the other state in which such bank or credit union is
organized authorizes under conditions not substantially more restrictive than
those imposed by the laws of this
state, as determined by the director or the director's designee, a financial
institution or credit union to engage in the business of originating or
brokering loans in the other state; no bank or credit union duly organized
under the laws of any other state within the United States may receive
deposits, pay checks or lend money from any location within this state unless
such bank or credit union has received approval from the director or the
director's designee for the establishment of an interstate branch office
pursuant to chapter 7 of title 19 of the general laws; or
(5) Any natural person employee who is employed by a licensee when acting on
the licensee's behalf; provided that this exemption shall not apply to a
mortgage loan originator required to be licensed under section 19-14-2.
(6) A loan originator employed by an operating subsidiary of a financial
institution or banking institution organized under the laws of this state or
any state within the United States; provided, however, that any such
operating subsidiary shall provide an educational program or course that is
relevant to the products and services offered by its employees who solicit
loans on behalf of such operating subsidiary.
(b) The provisions of this chapter and chapter 14 of this title shall not
apply to:
(1) Loans to corporations, joint ventures, partnerships, limited liability
companies or other business entities;
(2) Loans over twenty-five thousand dollars ($25,000) in amount to
individuals for business or commercial, as opposed to personal, family or
household purposes;
(3) Loans principally secured by accounts receivable and/or business
inventory;
(4) Loans made by a life insurance company wholly secured by the cash
surrender value of a life insurance policy;
(5) Education-purpose loans made by the Rhode Island health and educational
building corporation as vested in chapter 38.1 of title 45 of the Rhode
Island student loan authority as vested in chapter 62 of title 16;
(6) The acquisition of retail or loan installment contracts by an entity
whose sole business in this state is acquiring them from federal banks
receivers or liquidators;
(7) Notes evidencing the indebtedness of a retail buyer to a retail seller of
goods, services
or insurance for a part or all of the purchase price; or
(8) Any state or federal agency which makes, brokers, or funds loans or acts
as a lender or a loan broker. This exemption includes exclusive agents or
exclusive contractors of the agency specifically designated by the agency to
perform those functions on behalf of the agency and which has notified the
director, in writing, of the exclusive agency or contract. (9)
Notes evidencing the indebtedness of a retail buyer to a retail motor vehicle
dealer that include as part of the amount financed, disclosed in accordance
with 12 C.F.R. 226.18 as amended, an amount representing negative equity
related to the motor vehicle being traded in as part of the purchase price of
the motor vehicle being purchased.
(c) No license to make or fund loans, or to act as a lender or small loan
lender shall be required of any person who engages in deferred deposit
transactions (commonly known as "pay-day advance") while holding a
valid license to cash checks pursuant to chapter 14 of this title. |
|
237) |
Section |
Adding Chapter Numbers: |
|
|
20-1-26 |
74 and 344 |
|
|
|
20-1-26.
Freshwater invasive aquatic plants - Prohibition on importation and
possession. – (a) No person shall import,
transport, disperse, distribute, introduce, sell, purchase, or possess in the
state any species of non-native (exotic) freshwater invasive aquatic plants,
as defined by the director. The director shall promulgate rules and
regulations governing the prohibition and its applicability. The prohibition
and its enforcement shall not become effective until
the rules and regulations governing the prohibition and its applicability
take effect. (b) Violations of this section shall
be a misdemeanor, punishable by a fine of not more than five hundred dollars
($500) or imprisonment for up to ninety (90) days, or both. |
|
238) |
Section |
Amending Chapter Numbers: |
|
|
20-14-1 |
162 and 197 |
|
|
|
20-14-1.
Birds protected. -- (a) No person shall pursue, hunt
with intent to kill, take, destroy, or have in his or her possession any wild
bird or birds at any season of the year unless harvested or taken in
accordance with rules and regulations promulgated by the director. (b) This section shall not be construed to apply to any species of birds for which: (1) a federal depredation permit/order or a control permit/order has been issued in accordance with applicable federal law; or (2) a state depredation permit has been issued in accordance with section 20-14-1.1. |
|
239) |
Section |
Amending Chapter Numbers: |
|
|
20-14-1.1 |
162 and 197 |
|
|
|
20-14-1.1.
(b) Before any state depredation permits/orders or control permits/orders are issued, the director shall promulgate rules and regulations, in accordance with applicable federal law, establishing standards governing the issuance of the permits/orders and other measures necessary for the control of birds causing depredation or constituting a health or public safety hazard or other nuisance. |
|
240) |
Section |
Amending Chapter Numbers: |
|
|
21-28-3.18 |
221 and 317 |
|
|
|
21-28-3.18.
Prescriptions. -- (a) An apothecary in good faith
may sell and dispense controlled substances in schedule II to any person upon
a written 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) 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) Prescriptions for controlled substances in schedule II shall be filed
separately and shall not be refilled. The form of record for prescription
slips for controlled substances in schedule II shall consist of two (2) parts,
an original and a duplicate which are required to be presented
to the pharmacy by the ultimate user or his or her representative. Pharmacies
dispensing controlled substances in schedule II are required to deliver to
the director of health all duplicate
copies of the prescriptions on or before the fifth day of the month following
the date of dispensing. The prescription slip shall be a form provided by the
director of health.
(2) The director of health may, after appropriate notice and hearing pursuant
to section 42-35-3, promulgate rules and regulations for the purpose of
adopting a system for electronic data transmission of prescriptions for
controlled substances in schedule II and III, and needles and syringes. This
system, when operational, shall negate the necessity to utilize the two-part
prescription described in subdivision (1) of this subsection.
(e) 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) A prescription written 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) 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. section 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 in the case of a written
prescription for controlled substances in schedule II, except for the written
signature of the person prescribing, 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) of this section.
(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 written 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 written
prescription upon receipt by the apothecary shall be attached to the oral
emergency prescription which 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 written prescription or emergency oral
prescription and he or she makes a notation of the quantity supplied on the
face of the written prescription or oral emergency prescription which 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 log book, 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 schedules II, except
those listed in subsection (n) of this section, original
date of the prescription and
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, unless a
duly licensed single
capsule, tablet or suppository, or not more than one
for up to a sixty (60) day supply. |
|
241) |
Section |
Amending Chapter Numbers: |
|
|
21-34-2 |
258 and 423 |
|
|
|
21-34-2.
Immunity from liability for distributors. -- A bona fide nonprofit or charitable organization which in
good faith receives, prepares and distributes to the needy, without
charge, distributed,
including food prepared on the premises of the organization, shall not be
liable for civil damages or criminal penalties for any injury or illness
resulting from the nature, age, condition, or packaging of the |
|
242) |
Section |
Adding Chapter Numbers: |
|
|
22-7.4-106 |
12 and 15 |
|
|
|
22-7.4-106. Swan Hall. – The classroom building on
the Kingston Campus of the |
|
243) |
Section |
Amending Chapter Numbers: |
|
|
22-10-9 |
264 and 451 |
|
|
|
22-10-9.
Financial reports. -- (a) (1) Every
person that engages any person to act as a lobbyist concerning legislative
matters, and the lobbyist, shall individually file with the secretary of
state a complete and itemized report of all expenditures made for the purpose
of lobbying, including, but not limited to, advertising expenses and all
compensation paid to the lobbyists for lobbying, and all campaign
contributions in excess of one hundred dollars ($100) to state and municipal
elected officials and state political action committees. The report shall
also include any expenditure, gift, or honorarium of twenty-five dollars
($25.00) or more for each occurrence concerning
any legislative or executive official paid or incurred by the person who
engages the lobbyist and the lobbyist. The report shall include the names of
the individuals receiving or in whose behalf the expenditures have been made,
and the reason, date, and place of the expenditures.
(2) Any function to which the entire membership of the general assembly, or
of either chamber or of any legally constituted legislative committee or
commission within the general assembly, is invited, which is sponsored by any
person, corporation, or association having engaged any person to act as a
lobbyist, or by any lobbyist, shall be deemed a lobbying activity, and any
funds expended or incurred for that function shall be set forth in the
financial report.
(3) The initial report shall be filed by the person, corporation, or
association having engaged any person to act as a lobbyist and by the
lobbyist at the time of their initial registration, and updated reports shall
be filed with the secretary of state by the fifteenth (15th) day of each
month thereafter, beginning in March until the earlier of the termination
of the lobbyist's engagement or the final adjournment of the general
assembly. A final report shall be filed no later than thirty (30) days after the
earlier of the termination of the lobbyist's engagement or the final
adjournment of the general assembly
(4) All reports shall be on a form prescribed by the secretary of state, and
the reports shall be open for public inspection.
(5) In the event no compensation has been paid or received, and no expenses
have been paid or incurred, an annual statement to that effect may be filed
with the secretary of state in lieu of the report form.
(b) During any special session of the general assembly, every person,
corporation, or association that engages any person to act as a lobbyist, and
every lobbyist so engaged, shall register within twenty-four (24) hours of
the commencement of the session. The initial financial reports shall be filed
within twenty-four (24) hours after the date of the employment for the
special session, and updated reports shall be filed every fourteen (14) days
thereafter. The final report shall be filed no later than seven (7) days
after the date of adjournment.
(c) Not later than January 15 of each year, every lobbyist and every
individual, firm, business, corporation, association, partnership, or other
group which employed a lobbyist or engaged any person to act as a lobbyist or
who was required to register with the office of secretary of state during the
preceding year pursuant to section 22-10-6 shall file with the secretary of
state a complete and detailed report of all money or anything of value which
in the aggregate exceeds two hundred fifty dollars ($250) provided or
promised to any major state decision-maker within the preceding calendar
year. "Money" and "anything of value" in this subsection
and in subsection (d) of this section shall mean any fee, salary, ommission,
expense allowance, forbearance, forgiveness, royalty, rent, capital gain,
gift, loan, reward, favors or services, gratuities or special discounts, or
any other form of recompense that constitutes income under the Federal
Internal Revenue Code.
(d) Not later than January 15 of each year, every individual, firm, business,
corporation, association, partnership or other group specified in subsection
(c) of this section shall provide an exact copy of the report required in
subsection (c) of this section to the Rhode Island ethics commission and to
any major state decision-maker to whom it provided or promised money or
anything of value which in the aggregate
exceeds two hundred fifty dollars ($250) within the preceding calendar year. |
|
244) |
Section |
Amending Chapter Numbers: |
|
|
22-12-1.1 |
98 and 145 |
|
|
|
22-12-1.1.
Fiscal notes for administrative rules. --
Whenever a state department or agency proposes to adopt administrative rules
in accordance with the provisions of chapter 35 of title 42, which rules
affect the state or any city or town financially, the proposed rules shall be
accompanied by a fiscal note. The budget officer shall be responsible, in
cooperation with these agencies, for the preparation of the fiscal note,
except that the department of revenue advisor. |
|
245) |
Section |
Amending Chapter Numbers: |
|
|
22-12-3 |
98 and 145 |
|
|
|
22-12-3.
Request for fiscal notes. --
Fiscal notes shall only be requested by the chairperson of the house or
senate finance committee upon being notified by another committee
chairperson, the sponsor of the bill or resolution, or in the case of bills
or resolutions affecting cities or towns, by the Rhode Island League of
Cities and Towns in addition to the individuals referred to in this section,
of the existence of any bill or resolution described in section 22-12-1.
Requests shall be made in the form and substance as may be requested by the
finance committee chairperson, and shall be forwarded through the house or
senate fiscal adviser to the state budget officer, who shall determine the
agency or agencies affected by the bill, or for bills affecting cities and
towns to the chief executive official of the cities and the towns, the Rhode
Island League of Cities and Towns, and the department of revenue |
|
246) |
Section |
Amending Chapter Numbers: |
|
|
23-3-5 |
164 and 177 |
|
|
|
23-3-5.
Duties of state registrar of vital records. -- (a) The state registrar of vital records shall:
(1) Administer and enforce this chapter and the rules and regulations issued
under this chapter, and issue instructions for the efficient administration
of the statewide system of vital records.
(2) Direct and supervise the statewide system of vital records and the
division of vital records and be custodian of its records.
(3) Direct, supervise, and control the activities of local registrars and the
activities of town and city clerks related to the operation of the vital
records system.
(4) Prescribe, with approval of the state director of health, and distribute
any forms that are required by this chapter and the rules and regulations
issued under this chapter.
(5) Prepare and publish annual reports of vital records of this state and any
other reports that may be required by the state director of health.
(6) years
of age or older, and maintain a list of those deceased persons.
(7) Provide a copy on alkaline paper or an electronic record of each
certificate of birth, death, and marriage to the city or town clerk before
the tenth (10th) day of the month after the certificate is received by the
division of vital records as authorized by regulations.
(8) (i) Flag birth certificates of missing children and perform all other
acts and duties required to be performed by him or her pursuant to chapter
28.8 of title 42.
(ii) Upon receipt of information pursuant to section 42-28.8-3, provide the
local registrars of the several cities and towns with that information.
(9) Direct, supervise, and control the transition from a paper-based system
to an electronic system.
(b) The state registrar of vital records, with the approval of the director
of health, may appoint a deputy state registrar and may delegate any
functions and duties vested in him or her to employees of the division of
vital records and to local registrars that he or she deems necessary or
expedient. |
|
247) |
Section |
Amending Chapter Numbers: |
|
|
23-3-7 |
164 and 177 |
|
|
|
23-3-7.
Duties of local registrars. -- The
local registrar, with respect to his or her respective city or town, shall:
(1) Administer and enforce the provisions of this chapter and instructions,
rules, and regulations issued under this chapter.
(2) Require that certificates be completed and filed in accordance with
provisions of this chapter and the rules and regulations issued under this
chapter.
(3) Transmit on or before the tenth (10th) day of each month the
certificates, reports, or other returns filed with him or her for the
preceding month to the state registrar of vital records or more frequently
when directed to do so by the state registrar of vital records.
(4) Maintain records, make reports, and perform all other duties that may be
required by the state registrar of vital records. (5)
|
|
248) |
Section |
Amending Chapter Numbers: |
|
|
23-4-3 |
26 and 27 |
|
|
|
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 which 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
(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; and
(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. |
|
249) |
Section |
Adding Chapter Numbers: |
|
|
23-12.8 |
130 and 184 |
|
|
|
chAPTER
12.8 THE FIREFIGHTER CANCER WELLNESS ACT |
|
250) |
Section |
Adding Chapter Numbers: |
|
|
23-12.8-1 |
130 and 184 |
|
|
|
23-12.8-1.
Short title. -- This
chapter shall be known and may be cited as "The Firefighter Cancer
Wellness Act." |
|
251) |
Section |
Adding Chapter Numbers: |
|
|
23-12.8-2 |
130 and 184 |
|
|
|
23-12.8-2.
Legislative findings. -- It is found
and declared as follows: (1)
Studies indicate that firefighters have a significantly higher risk of
developing certain cancers due to exposure to toxins and chemicals. (2)
The state of |
|
252) |
Section |
Adding Chapter Numbers: |
|
|
23-12.8-3 |
130 and 184 |
|
|
|
23-12.8-3.
Education program established. -- (a)
The director of the department of health shall annually provide to the office
of the state fire marshal information regarding cancer incidence among
professional and volunteer firefighters, the increase in survival rates
attributable to early detection and the availability of cancer screening as
well as any other applicable testing methods designed to decrease the
incidence and severity of malignant conditions resulting from occupational
exposure to hazardous materials. (b)
The office of the state fire marshal shall annually inform the fire chiefs of
all professional and volunteer departments and districts in the state of (c) The department of health, the
state fire marshal and |
|
253) |
Section |
Amending Chapter Numbers: |
|
|
23-13-13 |
100 and 475 |
|
|
|
23-13-13.
Testing for hearing impairments. -- (a)
It is declared to be the public policy of this state that every newborn infant
be evaluated by procedures approved by the state department of health for the
detection of hearing impairments, in order to prevent many of the
consequences of these disorders. No hearing impairment test shall be made as
to any newborn infant if the parents of that child object to the test on the
grounds that a hearing impairment test would conflict with their religious
tenets or practices. (b)
The physician attending a newborn child shall cause the child to be subject
to hearing impairment tests as described in department of health regulations.
(c)
In addition, the department of health is authorized to establish by rules and
regulations a reasonable fee structure for hearing impairment testing to
cover program costs not otherwise covered by federal grant funds specifically
secured for this purpose. This testing shall be a covered benefit
reimbursable by all health insurers, as defined in § hospital
indemnity, Medicare supplement, or other supplemental policies. The
department of human services shall pay for hearing impairment testing when
the patient is eligible for medical assistance
under the provisions of chapter 8 of title 40. In the absence of a third
party payor the charges for hearing impairment testing shall be paid by the
hospital or other health care facility where the birth occurred. Nothing in
this section shall preclude the hospital or health care facility from billing
the patient directly. Those fees shall be deposited into the general fund as
general revenues. (d)
There is created a hearing impairments testing advisory committee which shall
advise the director of the department of health regarding the validity and
cost of testing procedures. That advisory committee shall: (1)
Meet at least four (4) times per year; (2)
Be chaired by the director or his or her designee; (3)
Be composed of seven (7) members appointed by the director from the following
professions or organizations: (i)
A representative of the health insurance industry; (ii)
A pediatrician, designated by the R.I. chapter of the (iii)
An audiologist, designated by the R.I. chapter of the American Speech and
Hearing Association; (iv)
Two (2) representatives of hospital neonatal nurseries; (v)
A representative of special education designated by the department of
elementary and secondary education; and (vi)
The director of health or his or her designee. |
|
254) |
Section |
Adding Chapter Numbers: |
|
|
23-13.5 |
223 and 308 |
|
|
|
CHAPTER
13.5 BREASTFEEDING IN
PUBLIC PLACES |
|
255) |
Section |
Adding Chapter Numbers: |
|
|
23-13.5-1 |
223 and 308 |
|
|
|
23-13.5-1.
Breastfeeding in public places. – A woman may feed her child by bottle or breast in any place open
to the public. |
|
256) |
Section |
Adding Chapter Numbers: |
|
|
23-13.5-2 |
223 and 308 |
|
|
|
23-13.5-2.
Remedies. – In any civil action alleging a
violation of this chapter, the court may: (1)
Afford injunctive relief against any person, entity or public accommodation
that commits or proposes to commit a violation of this chapter; and (2)
Award compensatory damages and reasonable attorney’s fees and costs to a
prevailing plaintiff. |
|
257) |
Section |
Amending Chapter Numbers: |
|
|
23-17-2 |
245 and 313 |
|
|
|
23-17-2.
Definitions. -- As used in this chapter:
(1) "Alzheimer's dementia special care unit or program" means a
distinct living environment within a nursing facility that has been
physically adapted to accommodate the particular needs and behaviors of those
with dementia. The unit provides increased staffing, therapeutic activities
designed specifically for those with dementia, and trains its staff on an
ongoing basis on the effective management of the physical and behavioral
problems of those with dementia. The residents of the unit/program have had a
standard medical diagnostic evaluation and have been determined to have a
diagnosis of Alzheimer's dementia or another dementia.
(2) (i) "Change in operator" means a transfer by the governing body
or operator of a health care facility to any other person (excluding
delegations of authority to the medical or administrative staff of the facility)
of the governing body's authority to:
(A) Hire or fire the chief executive officer of the health care facility;
(B) Maintain and control the books and records of the health care facility;
(C) Dispose of assets and incur liabilities on behalf of the health care
facility; or
(D) Adopt and enforce policies regarding operation of the health care
facility.
(ii) This definition is not applicable to circumstances wherein the governing
body of a health care facility retains the immediate authority and jurisdiction
over the activities enumerated in subdivisions (2)(i)(A) -- (2)(i)(D).
(3) "Change in owner" means:
(i) In the case of a health care facility which is a partnership, the
removal, addition, or substitution of a partner which results in a new
partner acquiring a controlling interest in the
(ii) In the case of a health care facility which is an unincorporated solo
proprietorship, the transfer of the title and property to another person;
(iii) In the case of a health care facility that is a corporation:
(A) A sale, lease exchange, or other disposition of all, or substantially all
of the property and assets of the corporation; or
(B) A merger of the corporation into another corporation; or
(C) The consolidation or two (2) or more corporations, resulting in the
creation of a new corporation; or
(D) In the case of a health care facility which is a business corporation,
any transfer of corporate stock which results in a new person acquiring a
controlling interest in the corporation; or
(E) In the case of a health care facility which is a nonbusiness corporation,
any change in membership which results in a new person acquiring a
controlling vote in the corporation.
(4) "Clinician" means a physician licensed under title 5, chapter
37; a nurse licensed under title 5, chapter 34; a psychologist licensed under
title 5, chapter 44; a social worker licensed under title 5, chapter 39.1; a
physical therapist licensed under title 5, chapter 40; and a speech language
pathologist or audiologist licensed under title 5, chapter 48.
(5) "Director" means the director of the
(6) "Health care facility" means 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
health care services, including but not limited to hospitals; nursing
facilities; home nursing care provider (which shall include skilled nursing
services and may also include activities allowed as a home care provider or
as a nursing service agency); home care provider (which may include services
such as personal care or homemaker services); rehabilitation centers; kidney
disease treatment centers; health maintenance organizations; free-standing
emergency care facilities, 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 care facility" also
includes organized ambulatory care facilities which are not part of a hospital
but which are organized and operated to provide health care services to
outpatients such as central services facilities serving more than one health
care facility or health care provider, treatment centers, diagnostic centers,
outpatient clinics, infirmaries and health centers, school based health
centers and neighborhood health centers. The term "health care
facility" also includes a mobile health screening vehicle as defined in
this section. The term "health care facility" shall not apply
to organized ambulatory care facilities owned and operated by professional
service corporations as defined in chapter 5.1 of title 7, as amended (the
"Professional Service Corporation Law"), or to a private
practitioner's (physician, dentist, or other health care provider) office or
group of the practitioners' offices (whether owned and/or operated by an
individual practitioner, alone or as a member of a partnership, professional
service corporation, organization, or association). Individual categories of
health care facilities shall be defined in rules and regulations promulgated
by the licensing agency with the advice of the health services council. Rules
and regulations concerning hospice care shall be promulgated with regard to
the "Standards of a Hospice Program of Care", promulgated by
National Hospice Organization. Any provider of hospice care who provides
hospice care without charge shall be exempt from the licensing provisions of
this chapter but shall meet the "Standards of a Hospice Program of
Care." Facilities licensed by the department of mental health,
retardation, and hospitals and the department of human services, and clinical
laboratories licensed in accordance with chapter 16.2 of this title, as well
as Christian Science institutions (also known as Christian Science Nursing
Facilities) listed and certified by the Commission
for Accreditation of Christian Science Nursing Organizations/Facilities, Inc.
shall not be considered health care facilities for purposes of this chapter.
(7) "Homemaker", or however else called, means a trained
non-professional worker who performs related housekeeping services in the
home for the sick, disabled, dependent, or infirm, and as further defined by
regulation; the director shall establish criteria for training.
(8) "Hospital" means a person or governmental entity licensed in
accordance with this chapter to establish, maintain and operate a hospital.
(9) "Licensing agency" means the
(10) "Medical services" means any professional services and
supplies rendered by or under the direction of persons duly licensed under
the laws of this state to practice medicine, surgery, or podiatry that may be
specified by any medical service plan. Medical service shall not be construed
to include hospital services.
(11) "Non-English speaker" means a person who cannot speak or
understand, or has difficulty in speaking or understanding, the English
language, because he/she uses only or primarily a spoken language other than
English, and/or a person who uses a sign language and requires
the use of a sign language interpreter to facilitate communication.
(12) "Person" means any individual, trust or estate, partnership,
corporation, (including associations, joint stock companies, and insurance
companies) state, or political subdivision or instrumentality of a state.
(13) "Physician ambulatory surgery center" means an office or
portion of an office owned and/or operated by a physician controlled
professional service corporation as defined in chapter 5.1 of title 7 (the
"Professional Service Corporation Law"), or a private physician's
office or group of the physicians' offices (whether owned and/or operated by
an individual practitioner, alone or as a member of a partnership, professional
service corporation, organization, or association)
which is utilized for the purpose of furnishing surgical services to the
owner and/or operator's own patients on an ambulatory basis.
(14) "Podiatry ambulatory surgery center" means an office or
portion of an office owned and/or operated by a podiatrist controlled
professional service corporation as defined in chapter 5.1 of title 7 (the
"Professional Service Corporation Law"), or a private podiatrist's
office or group of the podiatrists' offices (whether owned and/or operated by
an individual practitioner, alone or as a member of a partnership,
professional service corporation, organization, or association)
which is utilized for the purpose of furnishing surgical services to the
owner and/or operator's own patients.
(15) "Qualified interpreter" means a person who, through experience
and/or training, is able to translate a particular foreign language into
English with the exception of sign language interpreters
who must be licensed in accordance with chapter 71 of title 5.
(16) "Qualified sign language interpreter" means one who has been
licensed in accordance with the provisions of chapter 71 of title 5.
(17) "School based health center" means a facility located in an
elementary or secondary school that delivers primary and preventive health
care services to students on site. (18)
"Mobile health screening vehicle" means a mobile vehicle, van, or
trailer that delivers primary and preventive health care screening services, and: (i)
does not maintain active contracts or arrangements with any health insurer
subject to regulation under chapters 20 or 42 of title 27; (ii)
does not maintain active contracts or arrangements with another licensed
health care facility as that term is defined within this section; and (iii) does not provide medical services free of charge. |
|
258) |
Section |
Amending Chapter
Numbers |
|
|
23-17.12-8.1 |
304 and 424 |
|
|
|
23-17.12-8.1. Variance of
statutory requirements. [Repealed effective July 1, 2008.] -- (a) The department is authorized to issue a statutory
variance from one or more of the specific requirements of this chapter to a
review agent where it determines that such variance is necessary to permit
the review agent to evaluate and address practitioner billing and practice
patterns when the review agent believes in good faith that such patterns
evidence the existence of fraud or abuse. Any variance issued by the
department pursuant to this section shall be limited in application to those
services billed directly by the practitioner. Prior to issuing a statutory
variance the department shall provide notice and a public hearing to ensure
necessary patient and health care provider protections in the process.
Statutory variances shall be issued for a period not to exceed one year and
may be subject to such terms and conditions deemed necessary by the
department. (b) On or before January 15th, |
|
259) |
Section |
Amending Chapter Numbers: |
|
|
23-17.17-2 |
97, 154 and 475 |
|
|
|
23-17.17-2.
Definitions. -- (a) "Clinical outcomes"
means information about the results of patient care and treatment.
(b) "Director" means the director of the department of health or
his or her duly authorized agent.
(c) "Health care facility" has the same meaning as contained in the
regulations promulgated by the director of health pursuant to chapter 17 of
this title.
(d) "Patient satisfaction" means the degree to which the facility
or provider meets or exceeds the patients' expectations as perceived by the
patient by focusing on those aspects of care that the patient can judge.
(e) "Quality of care" means the result or outcome of health care
efforts.
(f) "Risk-adjusted" means the use of statistically valid techniques
to account for patient variables that may include, but need not to be limited
to, age, chronic disease history, and physiologic data.
(g) "Performance measure" means a quantitative tool that provides
an indication of an organization's performance in relation to a specified
process or outcome.
(h) "Reporting program" means an objective feedback mechanism
regarding individual or facility performance that can be used internally to
support performance improvement activities and externally to demonstrate
accountability to the public and other purchasers, payers, and stakeholders.
(i) "Health care provider" means any physician, or other licensed
practitioners with responsibility for the care, treatment, and services
rendered to a patient.
(j) "Insurer" means any entity subject to the insurance laws and
regulations of this state, that contracts or offers to contract to provide,
deliver, arrange for, pay for, or reimburse any of the costs of health care
services, including, without limitation, an insurance company offering
accident and sickness insurance, a health maintenance organization, as
defined by section 27-41-1, a nonprofit hospital or medical service
corporation, as defined by chapters 27-19 and 27-20, or any other entity
providing a plan of health insurance or health benefits. (k)
“Hospital-acquired infection” means a localized or systemic condition: (1)
that results from adverse reaction to the presence of an infectious agent(s)
or its toxin(s); and (2) may include infections not present or exhibiting
signs and symptoms at the time of admission to the hospital as determined by
the department with recommendations from the health care quality steering
committee with advice from the hospital acquired infections and prevention
ad. |
|
260) |
Section |
Amending Chapter Numbers: |
|
|
23-17.17-6 |
24, 29, 97 and 154 |
|
|
|
23-17.17-6.
Health care quality steering committee. --
(a) The director shall establish and serve as chairperson of a health care
quality steering committee of no more than nineteen (19) members to advise in
the following matters:
(1) Determination of the comparable performance measures to be reported on;
(2) Assessment of factors, including, but not limited to, factors related to
incidents and events reported to the department pursuant to section 23-17-40,
contributing to the provision of quality health care and patient safety;
(3) Selection of the patient satisfaction survey measures and instrument;
(4) Methods and format for data collection;
(5) Program expansion and quality improvement initiatives;
(6) Format for the public quality performance measurement report;
(7) Consideration of nursing-sensitive performance measures to be reported
on;
(8) Consideration of the relationship between human resources and quality,
beginning with measurement and reporting for nursing staff;
(9) Consideration of measures associated with hospital-acquired infections
with consultation of infections control experts; (10)
Consideration of pressure ulcer occurrence; and
(b) The members of the health care quality performance steering committee
shall include one member of the house of representatives, to be appointed by
the speaker; one member of the senate, to be appointed by the president of
the senate; the director or director's designee of the department of human
services; the director or the director's designee of the department of mental
health, retardation, and hospitals; the director or the director's designee
of the department of elderly affairs; and thirteen (13) members to be
appointed by the director of the department of health to include persons
representing Rhode Island licensed hospitals and other licensed
facilities/providers, the medical and nursing professions, the business
community, organized labor, consumers, and health insurers and health plans
and other parties committed to health care quality. |
|
261) |
Section |
Adding Chapter Numbers: |
|
|
23-17.17-9 |
114 and 207 |
|
|
|
23-17.17-9.
Health care quality and value database. –
(a) The director shall establish and maintain a unified health care
quality and value database to: (1)
Determine the capacity and distribution of existing resources; (2)
Identify health care needs and inform health care policy; (3)
Evaluate the effectiveness of intervention programs on improving patient
outcomes; (4)
Compare costs between various treatment settings and approaches; (5)
Provide information to consumers and purchasers of health care; (6)
Improve the quality and affordability of patient health care and health care
coverage; (7)
Strengthen primary care infrastructure; (8)
Strengthen chronic disease management; (9)
Encourage evidence-based practices in health care. (b)
The program authorized by this section shall include a consumer health care
quality and value information system designed to make available to consumers
transparent health care price information, quality information and such other
information as the director determines is necessary to empower individuals,
including uninsured individuals, to make economically sound and medically
appropriate decisions. (c)
The health care quality steering committee shall serve as the working group
to advise the director on the development and implementation of the consumer
health care quality and value information system. (d)
The director, in collaboration with the health insurance commissioner, may
require an insurer covering at least five percent (5%) of the lives covered
in the insured market in this state to
file with the director a consumer health care price and quality information
plan in accordance with regulations adopted by the director pursuant to this
section. (e)
The director shall adopt such regulations as are necessary to carry out the
purposes of this section and this chapter. The regulations may permit the
gradual implementation of the consumer health care quality and value
information system over time, beginning with health care price and quality
information that the director determines is most needed by consumers or that
can be most practically provided to the consumer in an understandable manner.
The regulations shall permit insurers to use security measures designed to
allow subscribers access to price and other information without disclosing trade
secrets to individuals and entities who are not subscribers. The regulations
shall avoid unnecessary duplication of efforts relating to price and quality
reporting by insurers, health care providers, health care facilities, and
others, including activities undertaken by hospitals pursuant to their
reporting obligations under this chapter and other
chapters of the general laws. (f)
Requirements for reporting to the health care quality database enumerated in
this section and subsequent sections of this chapter 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; or (9) other limited benefit policies. |
|
262) |
Section |
Adding Chapter Numbers: |
|
|
23-17.17-10 |
114 and 207 |
|
|
|
23-17.17-10.
Reporting requirements for the health care database. -- (a) Insurers, health care providers, health care
facilities and governmental agencies shall file reports, data, schedules,
statistics or other information determined by the director to be necessary to
carry out the purposes of this chapter. The reports required by this chapter
shall be accepted by the director in any certification commission for health
care information technology ("CCHIT") certified form. Such
information may include: (1)
health insurance claims and enrollment information used by health insurers; (2)
information relating to hospital finance; and (3)
any other information relating to health care costs, prices, quality,
utilization, or resources required to be filed by the director. (b)
The comprehensive health care information system shall not collect any data
that contains direct personal identifiers. For the purposes of this section
"direct personal identifiers" includes information relating to an
individual that contains primary or obvious identifiers, such as the
individual's name, street address, e-mail address, telephone number and
social security number. All data submitted to the director pursuant to this
chapter shall be protected by the removal of all personal identifiers and the
assignment by the insurer to each subscriber record of a unique identifier
not linked to any personally identifiable information. |
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263) |
Section |
Adding Chapter Numbers: |
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23-17.17-11 |
114 and 207 |
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23-17.17-11.
Data collection and information sharing for the health care database. – (a) All insurers shall electronically provide to the
director in accordance with standards and procedures adopted by the director
in regulation: (1)
their health insurance claims data; (2)
cross-matched claims data on requested members, subscribers or policyholders;
and (3)
member, subscriber or policyholder information necessary to determine
third-party liability for benefits provided. (b)
For purposes of all data collection and public reporting of data under this
chapter the collection, storage and release of health care data and
statistical information that is subject to the federal requirements of the
Health Insurance Portability and Accountability Act ("HIPAA") shall
be governed by the rules adopted in 45 C.F.R. Parts 160 and 164 and other
applicable law. (c)
All insurers that collect the health employer data and information set
(HEDIS) shall annually submit the HEDIS information and such other relevant
industry quality standard measures as the director requires to the director
in a form and in a manner prescribed by the director. (d)
The director shall collaborate with the insurance commissioner within the
department of business regulation and all health and human service agencies
in the development of a comprehensive health care information system and
shall make all data collected pursuant to this chapter
available to the insurance commissioner and all relevant government agencies
in furtherance of the goals of the database set forth herein. The
collaboration is intended to address the formulation of a description of the
data sets that will be included in the comprehensive health care information
system, the criteria and procedures for the development of limited use data
sets, the criteria and procedures to ensure the HIPAA compliant limited use
data sets are accessible, and a proposed time frame for the creation of a
comprehensive health care information system. (e)
To the extent allowed by HIPAA and other applicable law, the data shall be
available as a resource for insurers, employers, providers, purchasers of
health care, and state agencies to continuously review health care
utilization, expenditures and performance in Rhode Island and to enhance the
ability of Rhode Island consumers and employers to make informed and
cost-effective health care choices. In presenting data for public access,
comparative considerations shall be made regarding geography, demographics,
general economic factors and institutional size. (f)
The health care quality steering committee shall advise the director as to
the most effective means to make the database accessible to the public for
purposes of improving the quality of health care services in (g)
The director shall adopt regulations to carry out the provisions of this
chapter, including standards and procedures and criteria for the required
filing of such claims data, eligibility data, provider files and other
information as the director determines to be necessary to carry out the
purposes of this section and this chapter. |
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264) |
Section |
Adding Chapter Numbers: |
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23-17.21 |
157 and 175 |
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CHAPTER
17.21 THE |
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265) |
Section |
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23-17.21-1 |
157 and 175 |
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23-17.21-1.
Title. – This act shall
be known and may be cited as "The |
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266) |
Section |
Adding Chapter Numbers: |
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23-17.21-2 |
157 and 175 |
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23-17.21-2.
Legislative findings. – The general
assembly finds: (a)
There are an unacceptable high number of preventable patient safety events in
the health care system; (b) Current solutions that focus on
reporting, discipline and retraining of individuals have proven inadequate
alone to address this systemic problem. |
|
267) |
Section |
Adding Chapter Numbers: |
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23-17.21-3 |
157 and 175 |
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23-17.21-3.
Legislative purpose and intent. –
The general assembly proposes a (a)
Works with hospitals, nursing facilities, and freestanding ambulatory
surgical centers for both the reporting of patient safety events including
situations in which a patient safety event was averted (near misses) and
evaluating the root causes of the patient safety event; (b)
Recommends to health care providers changes to improve their patient safety
through investigating system causes related to the patient safety events and,
on at least an annual basis, to the department for statewide changes and
policies that will advance patient safety and quality improvement; (c)
Facilitates the creation and maintenance of a non-identifiable patient safety
database. The database shall have the capacity to accept, aggregate, and
analyze non-identifiable patient safety work product and data reported by
entities and provide this to the national network of patient safety
databases. |
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268) |
Section |
Adding Chapter Numbers: |
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23-17.21-4 |
157 and 175 |
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23-17.21-4
Definitions. – For the purposes of this
chapter, the following terms shall have the following meanings: (a)
"Department" means the (b)
"Director" means the director of the (c)
"Health care facility" means any corporation, limited liability
company, facility, or institution licensed by this state to provide health
care or professional services, or an officer, employee or agent thereof
acting in the course and scope of his or her employment. (d)
"Near misses" means circumstances in which a patient safety event is
narrowly averted. (e)
"Patient safety activities" means: (1) efforts to improve patient
safety and the quality of health care delivery; (2) the collection and
analysis of patient safety work product; (3) the development and
dissemination of information with respect to improving patient safety, such
as recommendations, protocols, or information regarding best practices; (4)
the utilization of patient safety work product for the purposes of
encouraging a culture of safety and of providing feedback and
assistance to effectively minimize patient risk; (5) the maintenance of
procedures to preserve confidentiality with respect to patient safety work
product; and (6) the provision of appropriate security
measures with respect to patient safety work product. (f)
"Patient safety event" means those events as defined by the
national quality forum, institute of medicine, center for Medicare and
Medicaid Services (CMS), and as further defined by the quality of care
advisory committee, as established herein, and shall include near misses. (g)
"Patient safety organization (PSO)" means any public or private
organization certified by the director, or component of any such
organization, whose activity is to improve patient safety and the quality of
health care delivery for patients receiving care through the collection,
aggregation, analysis, investigation, and/or processing of medical or health
care related information submitted to it by reporting entities. A PSO shall
not mean any agency or public body as defined in subsection 38-2-2(i). (h)
"Patient safety work product" means all reports, records,
memoranda, analyses, statements, root cause analyses, or written or oral
statements, that: (1) a health care facility or provider prepares for the
purpose of disclosing a patient safety event, or is disclosed, to a patient
safety organization; (2) is received from a reporting entity, or is created
or analyzed by a patient safety organization; or (3) directly or indirectly
contains deliberations, analytical process, recommendations, conclusions, or
other communications of a patient safety organization or between a patient
safety organization and health care providers or facilities. (i)
"Identifiable patient safety work product" means patient safety
work product that: (1) is presented in a form and manner that allows the
identification of any provider or reporting entity that is a subject of the
work product, or any providers or reporting entities that participate in
activities that are a subject of the work product; (2) constitutes
individually identifiable health information as that term is defined in the
Health Insurance Portability and Accountability Act of 1996 and its
implementing regulations (45 C.F.R. Parts 160-164); or (3) is presented in a
form and manner that allows the identification of an individual. (j)
"Nonidentifiable patient safety work product" means patient safety
work product that is not identifiable patient safety work product as defined
in subsection (h) herein. (k) "Reporting entities"
means all hospitals, nursing facilities, and freestanding ambulatory surgical
centers licensed under chapter 23-17. |
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269) |
Section |
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23-17.21-5 |
157 and 175 |
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23-17.21-5.
Powers and duties of the department. – The powers necessary to carry out the duties of this
chapter shall be vested in the director and are as follows: (a)
The director shall certify a patient safety organization that has met the
following criteria: (1)
has a mission statement with one of its purposes to conduct activities to
improve patient safety; (2)
has qualified staff and professionals capable of reviewing and producing
patient safety work product and recommendations for system changes; (3)
is not a component of a health insurer or other entity that provides health
insurance to individuals or group health plans; and (4)
has a mission that does not create a conflict of interest with the health
care providers who will submit patient safety work product to it. (b)
The director shall establish a quality of care advisory committee that shall
advise the department on PSO related issues. The advisory committee shall
consist of fourteen (14) members who are appointed by the director and shall
include no less than three (3) representatives
of the hospital community; three (3) representatives of the nursing
facility/long term care community; three (3) members of the freestanding
ambulatory surgical center community; and five (5) others from the community
as determined by the director. The term of office
shall be for three (3) years. No member shall serve more than two (2)
consecutive terms. The committee shall advise the department on effective
methods for sharing with health care providers the quality improvement
information learned from the department's review of reports and corrective
action plans, including quality improvement practices, patient safety issues,
and preventative strategies. (c)
The director may promulgate rules and regulations in order to carry out the
provisions of this chapter. |
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270) |
Section |
Adding Chapter Numbers: |
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23-17.21-6 |
157 and 175 |
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23-17.21-6
Requirements for reporting entities. –
(a) Each reporting entity may enter into a written contract with a certified
PSO in accordance with the requirements of this chapter. (b)
Beginning January 1, 2009, a reporting entity may enter into a written
contract with a patient safety organization to which it sends patient safety
work product. Each contract shall require the reporting entity to maintain a
document log itemizing the types of documents submitted
to the PSO without indicating the content of such documents. Such document
log shall be accessible to the department for the sole purpose of allowing
the department to verify the type of
information submitted to PSOs. The department shall not have access to
patient safety work product. Such document log shall not be subject to a
disclosure to, or use by, any person or entity, other than the PSO and the
reporting entity with which it has contracted, and by the department for the
sole purpose provided in this subsection. (c)
Reporting entities shall not be exempt from the requirements of section
23-17-40 or section 5-37-9. (d)
Patient safety work product (whether identifiable of nonidentifiable) and any
document log submitted to the director under subsection (a) shall not be a
public record for the purposes of chapter 38-2. Reporting entities shall not
be considered a public body or agency for the purposes of chapter 38-2. |
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271) |
Section |
Adding Chapter Numbers: |
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23-17.21-7 |
157 and 175 |
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23-17.21-7
Requirements for patient safety organizations – (a) PSO shall be certified by the department before
entering into a contract with a reporting entity. (b)
A PSO shall provide guidance to reporting entities on reporting matters, and
shall maintain all reports and associated documents as confidential and
privileged, including any reports or information with identifiable
information. (c)
A PSO shall, as appropriate, disseminate to health care providers and
facilities, the department, the quality of care advisory committee, and the
public, information or recommendations, including suggested policies,
procedures or protocols, on best medical practices
or potential system changes designed to improve patient safety and the
overall quality of care. Notwithstanding the foregoing, the PSO shall not
disclose identifiable patient safety work product
to the department, the quality of care advisory committee, or the public. (d)
A PSO shall have in place appropriate safeguards and security measures to
ensure the technical integrity, physical safety, and confidentiality of any
patient safety work product. As provided for in section 23-17.21-8, patient
safety work product shall be confidential, and shall not be subject to any
discovery, access or use by any person or entity other than the PSO and the
reporting entity with which the PSO has contracted. Nothing in this chapter
shall be construed to prohibit
a PSO from choosing to disclose patient safety work product, or portions of
patient safety work product solely to a reporting entity, in conformity with
the PSO's mission and within its contractual obligations to the reporting
entity submitted the information. No patient safety organization may release
protected health information or patient identifying information without
meeting the requirements of state laws and the federal Health Insurance
Portability and Accountability Act of 1996 as amended from time to time. (e)
The PSO shall adopt appropriate physical, technical and procedural safeguards
to ensure the privacy and security of the patient safety work product. Such
safeguards shall comply with the state and federal confidentiality laws
including, without limitation, the Health Insurance Portability and
Accountability Act of 1996 and its implementing regulations (45 C.F.R. Parts
160-164). |
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272) |
Section |
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23-17.21-8 |
157 and 175 |
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23-17.21-8
Privilege and confidentiality protections –
(a) Privilege. Notwithstanding any other provision of federal, state, or
local law to the contrary, and subject to subsection (c) herein, patient
safety work product and a document log shall be privileged and shall not be:
(1) subject to a federal, state, or local civil, criminal, or administrative
subpoena or order, including in a federal, state, or local civil or
administrative disciplinary proceeding against a provider; (2) subject
to discovery in connection with a federal, state, or local civil, criminal,
or administrative proceeding, including in a federal, state, or local civil
or administrative disciplinary proceeding against a provider; (3) subject to
disclosure pursuant to section 552 of title 5, United States Code (commonly
known as the Freedom of Information Act), Title 38, chapter 2 of the general
laws (commonly known as the Access to Public Records Law), or any other
similar federal, state, or local
law; (4) admitted as evidence in any federal, state, or local governmental
civil proceeding, criminal proceeding, administrative rulemaking proceeding,
or administrative adjudicatory proceeding, including any such proceeding
against a provider; or (5) admitted in a professional disciplinary proceeding
of a professional disciplinary body established or specifically authorized
under state law. (b)
Confidentiality of patient safety – work product and document log –
notwithstanding any other provision of federal, state or local law to the
contrary, and subject to subsection (c) herein, the patient safety work
product and document log shall be confidential and shall not be disclosed. (c)
Exceptions. (1)
Exceptions from privilege and confidentiality. Subsections (a) and (b) herein
shall not apply to, and shall not be construed to prohibit, one or more of
the following disclosures: (A)
Disclosure of relevant patient safety work product and document log for use
in a criminal proceeding, but only after a court makes an in camera
determination that such patient safety work product and document log contains
evidence of a criminal act and that such patient safety work product and
document log is material to the proceeding and not reasonably available from
any other source; or (B)
Disclosure of identifiable patient safety work product and document log if
authorized by each provider or reporting entity identified in such work
product. (2)
Exceptions from confidentiality – subsection (b) herein shall not apply to,
and shall not be construed to prohibit one or more of the following voluntary
disclosures: (A)
Disclosure of patient safety work product and document log to a reporting
entity to carry out patient safety activities; (B)
Disclosure of patient safety work product and document log to grantees,
contractors, or other entities carrying out research, evaluation, or
demonstration projects authorized, funded, certified,
or otherwise sanctioned by rule or other means by the director, for the
purpose of conducting research to the extent that disclosure of protected
health information would be allowed for such purpose under the Health
Insurance Portability and Accountability Act of 1996, and its implementing
regulations (45 C.F.R. Parts 160-164); (C)
Disclosure by a provider to the Food and Drug Administration with respect to
a product or activity regulated by the Food and Drug Administration; (D)
Voluntary disclosure of patient safety work product and document log by a
provider to an accrediting body that accredits that provider; or (E)
Disclosure of patient safety work product and document log to law enforcement
authorities relating to the commission of a crime, or to an event reasonably
believed to be a crime, if the person making the disclosure believes,
reasonably under the circumstances, that the patient
safety work product and document log that is disclosed is necessary for
criminal law enforcement purposes. (d)
Continued protection of information after disclosure. (1)
In general. Patient safety work product and/or document log that is disclosed
under subsection (c) herein shall continue to be privileged and confidential
as provided for in subsections (a) and (b) herein, and such disclosure shall
not be treated as a waiver of privilege or confidentiality, and the
privileged and confidential nature of such work product and/or document log
shall also apply to such work product and/or document log in the possession
or control of a person to whom such work product and log was disclosed. (2)
Exception. Notwithstanding subsection (1) herein and subject to subsection
(3) herein, if patient safety work product and/or document log is admitted
into evidence in a criminal proceeding, the confidentiality protections
provided for in subsection (b) herein shall no longer apply to the work
product and/or log so disclosed; and (3)
Construction. Subsection (2) herein shall not be construed as terminating or
limiting the privilege or confidentiality protections provided for in
subsections (a) or (b) herein with respect to patient safety work product and
document log other than the specific patient safety work product and document
log disclosed as provided for in subsection (c) herein. (4)
Limitations on actions. (A)
Patient safety organizations. (i)
In general. A patient safety organization shall not be compelled to disclose
information collected or developed under this part whether or not such
information is patient safety work product and/or a document log unless such
information is identified, it is not patient safety
work product and/or a document log, and it is not reasonably available from
another source. (ii)
Nonapplication. The limitation contained in clause (i) herein shall not apply
in an action against a patient safety organization or with respect to
disclosures pursuant to subsection (c)(1) herein. (B)
Providers. An accrediting body shall not take an accrediting action against a
provider based on the good faith participation of the provider in the
collection, development, reporting, or maintenance of patient safety work
product and a document log in accordance with this part. An accrediting body
may not require a provider or reporting entity to reveal its communications
with any patient safety organization established in accordance with this
part. (e)
Reporter protection. (1)
In general. A provider may not take any adverse employment action, as
described in subsection (2) herein, against an individual based upon the fact
that the individual, in good faith, reported the information: (A)
to the provider with the intention of having the information reported to a
patient safety organization; or (B)
directly to a patient safety organization. (2)
Adverse employment action. For the purposes of this subsection, an adverse
employment action includes: (A)
loss of employment, the failure to promote an individual, or the failure to
provide any other employment related benefit for which the individual would
otherwise be eligible; or (B)
an adverse evaluation or decision made in relation to accreditation,
certification, credentialing, or licensing of the individual. (f)
Enforcement. (1)
Civil monetary penalty. Subject to subsection (3) herein, a person who
discloses identifiable patient safety work product and/or document log in a
knowing or reckless violation of subsection (b) herein shall be subject to a
civil monetary penalty of not more than ten thousand dollars ($10,000) for
each act constituting such violation. (2)
Relation to Health Insurance Portability and Accountability Act of 1996.
Penalties shall not be imposed both under this subsection and under the
regulations issued pursuant to section 264(c)(1) of the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note) for a
single act or omission. |
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273) |
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23-17.21-9 |
157 and 175 |
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23-17.21-9
Severability – If any
provision of this chapter, or the application thereof to any person or
circumstances shall be held invalid, any invalidity shall not affect the
provisions or application of this chapter which can be given effect without
the invalid provision or application, and to this end the provisions of the
chapter are declared to be severable. |
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274) |
Section |
Adding Chapter Numbers: |
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23-17.22 |
113 and 248 |
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|
CHAPTER
17.22 HEALTHY |
|
275) |
Section |
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23-17.22-1 |
113 and 248 |
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23-17.22-1.
Short title. – This
chapter shall be known and may be cited as the "Healthy |
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276) |
Section |
Adding Chapter Numbers: |
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23-17.22-2 |
113 and 248 |
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23-17.22-2.
Establishment of the healthy (b)
The director and the health care planning and accountability advisory council
shall engage a broad range of health care providers, health insurance plans,
professional organizations, community and nonprofit groups, consumers,
businesses, school districts, and state and local government in developing
and implementing the healthy Rhode Island five (5) year strategic plan. (c)(1)
The healthy (i)
a description of the course charted to a healthy Rhode Island (the healthy
Rhode Island model), which includes patient self-management, emphasis on
primary care, community initiatives, and health system and information
technology reform, to be used uniformly statewide by private insurers, third
party administrators, and public programs; (ii)
a description of prevention programs and how these programs are integrated
into communities, with chronic care management, and the healthy (iii)
a plan to develop and implement reimbursement systems aligned with the goal
of managing the care for individuals with or at risk for conditions in order
to improve outcomes and the quality of care; (iv)
the involvement of public and private groups, health care professionals,
insurers, third party administrators, associations, and firms to facilitate
and assure the sustainability of a new system of care; (v)
the involvement of community and consumer groups to facilitate and assure the
sustainability of health services supporting healthy behaviors and good
patient self-management for the prevention and management of chronic
conditions; (vi)
alignment of any information technology needs with other health care
information technology initiatives; (vii)
the use and development of outcome measures and reporting requirements,
aligned with outcome measures established by the director under this section,
to assess and evaluate the healthy Rhode Island model system of chronic care
management; (viii)
target timelines for inclusion of specific chronic conditions to be included
in the chronic care infrastructure and for statewide implementation of the healthy
(ix)
identification of resource needs for implementation and sustaining the
healthy (x)
a strategy for ensuring statewide participation no later than January 1, 2010
by all health insurers, third-party administrators, health care
professionals, health care facilities as defined in section 23-17-2 of the Island
chronic care management plan, including common outcome measures, best
practices and protocols, data reporting requirements, payment methodologies,
and other standards. (2)
The strategic plan shall be reviewed biennially and amended as necessary to
reflect changes in priorities. Amendments to the plan shall be reported to
the general assembly in the report established under subsection (d) of this
section. (d)(1)
The director shall report to the general assembly annually on the status of
implementation of the achieving
statewide participation in the chronic care management plan, including the
measures established under subsection (c) of this section; the expenditures
and savings for the period; the results of health care professional and
patient satisfaction surveys; the progress toward creation and implementation
of privacy and security protocols; and other information as requested by the
committees. The surveys shall be developed in collaboration with the health
care planning and accountability
advisory council. (2)
If statewide participation in the healthy |
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277) |
Section |
Adding Chapter Numbers: |
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23-17.22-3 |
113 and 248 |
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23-17.22-3.
Healthy (b)
The director shall include a broad range of chronic conditions in the healthy
(c)
The healthy (1)
a method involving the health care professional in identifying eligible
patients, including the use of a chronic care information system established
pursuant to this section, an enrollment process which provides incentives and
strategies for maximum patient participation, and a standard statewide health
risk assessment for each individual; (2)
the process for coordinating care among health care professionals, including
a process for ensuring that each patient has a designated primary care
physician; (3)
the methods of increasing communications among health care professionals and
patients, including patient education, self-management, and follow-up plans; (4)
the educational, wellness, and clinical management protocols and tools used
by the care management organization, including management guideline materials
for health care professionals to assist in patient-specific recommendations; (5)
process and outcome measures to provide performance feedback for health care
professionals and information on the quality of care, including patient
satisfaction and health status outcomes; (6)
payment methodologies to align reimbursements and create financial incentives
and rewards for health care professionals to establish management systems for
chronic conditions, to improve health outcomes, and to improve the quality of
care, including case management fees, pay for performance, payment for
technical support and data entry associated with patient registries, the cost
of staff coordination within a medical practice, and any reduction in a
health care
professional's productivity; (7)
payment methodologies to any care management organization implementing a
chronic care management program which would put the care management
organization's fee at risk if the management is not successful in reducing
costs; and (8)
a requirement that the data on enrollees in any chronic care management
program implemented pursuant to this section be shared, to the extent
allowable under federal law, and in a format that does not provide any
patient-identifiable information, with the director in order to inform the
health care reform initiatives. (d)
No later than January 1, 2009 the secretary of health and human services
shall ensure access to a healthy Rhode Island chronic care management program
consistent with the program criteria developed by the director under this
section for appropriate persons receiving any type of medical assistance benefits
through the department of human services, the department of mental health,
retardation and hospitals, the department of children, youth and families, or
the department of elderly affairs with such chronic care management program
to be available to all such persons by July 1, 2009. Any contract to provide
medical assistance benefits may allow the entity to subcontract some chronic
care management services to other entities if it is cost-effective,
efficient, or in the best interests of the individuals enrolled in the
program. (e)
No later than January 1, 2009 the director of administration shall ensure
access to a healthy Rhode Island chronic care management program, consistent
with program criteria developed by the director under this section, for
appropriate state employees and their dependents who receive medical coverage
through the health benefit plan for state employees. (f)
No later than January 1, 2010 the director, in collaboration with the health
insurance commissioner, shall require statewide participation by all health
insurers, third-party administrators, health care professionals, health care
facilities and other professionals, in the healthy
Rhode Island chronic care management plan, including common outcome measures,
best practices and protocols, data reporting requirements, payment
methodologies, and other standards.
(g)
The director shall ensure that the healthy |
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278) |
Section |
Amending Chapter Numbers: |
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23-18.8-2 |
93, 122, 260 and
420 |
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23-18.8-2.
Legislative findings. -- The general
assembly recognizes and declares that:
(1) Any environmentally and economically sound solid waste management system
must incorporate recycling;
(2) A sound recycling program will be best achieved by cooperation of the management
and the cities and towns of the state;
(3) All solid waste capable of being recycled should be recycled, as a
target, no less than disposed
of through recycling; every effort should be made to exceed this target;
(4) A recycling facility should be operational at the central landfill;
(5) Upon full implementation of the recycling program, all solid waste
management, both from cities and towns, and from commercial establishments,
will be separated into recyclable and nonrecyclable components;
(6) Recycling operations should begin at resource recovery plants upon
initiation of plant operations;
(7) In order to develop a workable implementation schedule the department of
environmental management should develop schedules for the entry of cities and
towns into the source separation system;
(8) Private contractor arrangements for recovery of recyclables at the point
of origin or at the municipal level should be encouraged and not interfered
with;
(9) Recyclable materials recovered at recycling facilities are to be made
available to private industry in the first instance, and where cost
effective, operation of recycling facilities should be by the private sector;
(10) The corporation should provide, for a period of three (3) years, the
reasonable additional allowable costs for implementing this program for the
cities and towns;
(11) The definition of recyclable materials should be the responsibility of
the department of environmental management and should be changed from time to
time depending upon new technologies, economic conditions, waste stream
characteristics, environmental effects, or other factors;
(12) Telephone directories, five hundred thousand (500,000) of which, at an
average weight of five and one-quarter (5.25) pounds, are distributed yearly
in the state, contribute significantly to the solid waste stream, which would
be greatly reduced if directories were printed on recyclable paper and bound
with a binder which will not interfere with recyclability. (13)
Any person who generates commercial solid waste and employs fifty (50) or
more employees, shall contract for recycling services as part of any
agreement between a private waste hauler and the commercial establishment for
the disposal of solid waste. A commercial establishment of any size may work
with the city or town where it is located to consider options that would
allow the city or town to collect the commercial recyclables generated by the
commercial establishment. |
|
279) |
Section |
Amending Chapter Numbers: |
|
|
23-18.9-1 |
93 and 122 |
|
|
|
23-18.9-1.
Responsibility for refuse disposal. -- (a)
(1) Each city and town is required to make provision for the safe and
sanitary disposal of all refuse which is generated within its boundaries,
including refuse from commercial and industrial sources, but excluding refuse
from sources owned or operated by the state or federal governments, hazardous
waste as defined in chapter 19.1 of this title and any refuse which is not
acceptable at a facility provided by the Rhode Island resource recovery
corporation under chapter 19 of this title. The disposal facilities used to
meet this responsibility may be located within or outside the municipality,
may be publicly or privately owned, and may include facilities used only by
the owner. Each city and town will be required to separate solid waste into
recyclable and non-recyclable components before the material is disposed of
in any state owned facility. Implementation of the program of separation by
any city or town may be by separation at the source of generation or by
separation at collection points or transfer stations. Cities and towns may
allow private and volunteer collection of recyclables. The department of
environmental management shall adopt and promulgate regulations to define
recyclable materials, and shall from time to time determine an implementation
schedule for the recyclable separation programs of the cities and towns. The
implementation schedule shall be determined and adopted by the department of
environmental management after consultation and cooperation with the cities
and towns. The department shall adopt and promulgate an implementation
schedule and rules and regulations which require that commercial solid waste
be separated into recyclable and non-recyclable components before the
material may be disposed of at any state owned solid waste disposal facility.
The department shall adopt and promulgate an implementation schedule and
rules and regulations which require that the solid waste generated at state
facilities be separated into recyclable and non-recyclable components before
the material may be disposed of in any state owned solid waste disposal
facility.
(2) During the first three (3) years after a city or town enters the
recycling program, a city or town shall be deemed to have achieved compliance
with the requirement of separation if that city or town shall have achieved
at least the same percentage of separation as achieved by similar communities
with compulsory programs of separation of recyclables. (3)
Beginning July 1, 2012 every city or town that enters into a contract with
the Rhode Island resource recovery corporation to dispose of solid waste
shall be required to recycle a minimum of thirty-five percent (35%) of its
solid waste and to divert a minimum of fifty percent (50%) of its solid
waste. The recycling and diversion rate shall be achieved as prescribed in
the addendum required in subdivision 23-19-13(e)(3). For purposes of this
section "diversion rate" means the total amount (reflected as a
percentage) of material, diverted from disposal through waste prevention,
recycling or re-use.
(b) The governing body of each city and town shall discharge its
responsibility set forth in subsection (a) by:
(1) Adopting reasonable rules and regulations governing the licensing of all
qualified persons engaged in the business of collection and hauling of refuse
and operation of transfer stations with respect to all refuse within its
boundaries. All persons engaged in the business of collection or hauling of
refuse and operation of transfer stations within the boundaries of a
municipality, shall be issued a license upon application. No municipality
shall unreasonably deny a license to any reasonably qualified person.
(2) Contracting with the Rhode Island resource recovery corporation or a
person approved by the Rhode Island resource recovery corporation for the
disposal of municipal refuse, unless a municipality is operating its own
landfill on December 1, 1986 or is disposing of its municipal refuse under a
contract approved by the corporation which was in effect on March 1, 1985, in
which case the municipality shall be free to continue to use the landfill
until its closure, or to continue to dispose of its municipal refuse under
the contract until the expiration of the original term of the contract or the
expiration of any extension of the contract approved by the corporation or
sooner termination.
(3) In the case of cities and towns where municipal waste collection is
provided by private contract between the generator of the waste and the
hauler, adopting rules and regulations for the fair allocation of the
municipal rate provided under the provisions of section 23-19-13(g) among
those haulers licensed to collect and haul refuse within the cities and
towns.
(4) Adopting rules and regulations that govern the separation of solid waste
into recyclable and non-recyclable components. Regulations adopted under this
chapter may not be inconsistent with any rules, regulations, standards, and
criteria adopted by the department of environmental management or the recovery
corporation for the enforcement of the licensing provisions thereof,
including compliance with the provisions of a license designating a final
disposal site for all refuse collected or hauled by the licensee within the
municipality's boundaries and requiring the separation
of recyclable materials
(c) To assist each city and town in carrying out these responsibilities, the
(1) Administer any financial assistance granted by the state to localities,
as provided in this chapter, and establish and publish rules and regulations
concerning eligibility, disbursement, and use of financial assistance.
(2) Provide technical assistance to cities and towns concerning their refuse
problems. |
|
280) |
Section |
Amending Chapter Numbers: |
|
|
23-18.11-3.1 |
214 and 239 |
|
|
|
23-18.11-3.1.
Recycling containers for plastic bags.[Effective January 1, 2008] -- Every retail establishment that sells or conveys goods or
food directly to the ultimate consumer within the state, shall provide within
the retail establishment, at a location convenient for its customers,
receptacles in which customers may place any used clean and dry
plastic film bags for recycling |
|
281) |
Section |
Adding Chapter Numbers: |
|
|
23-18.15-4 |
260 and 420 |
|
|
|
23-18.15-4.
(1)
Defining the beverage containers that should be included in a deposit system
including the maximum size allowable for redemption and the types of
containers that should be exempt from the deposit system; (2)
Quantifying any taxes and deposits that are already charged on beverage
containers, as defined in subsection (1) above, in the state and compare
those charges with beverage container charges in the commonwealth of
Massachusetts and the state of Connecticut; (3)
Determining the appropriate labeling requirements for beverage containers
subject to the deposit, provided that a (4)
Identifying the appropriate entities to collect, redeem and transfer beverage
containers and deposits; (5)
Defining the redemption methods that could be used and identifying
appropriate locations for redemption centers including centers operated by
the corporation as well as by businesses; (6)
Identifying the costs to the corporation and any other entities identified in
the study for providing redemption services; (7)
Recommending how unclaimed deposits could be used; (8)
Analyzing possible impacts to municipal recycling programs; and (9)
Recommending possible alternatives to a beverage container deposit system
that would yield significantly increased recycling rates statewide. (b)
The corporation shall report the findings, recommendations and a timeline for
implementation of the plan to the general assembly and the governor no later
than January 1, 2009. |
|
282) |
Section |
Amending Chapter Numbers: |
|
|
23-19-3 |
163 and 185 |
|
|
|
23-19-3.
Declaration of policy. -- The following
are declared to be policies of the state:
(1) That the ultimate solid waste management objective of the state is to
maximize recycling and reuse of solid waste;
(2) That solid waste management facilities and projects are to be implemented
either by the state or under state auspices, in furtherance of these goals;
(3) That appropriate governmental structure, processes, and support must be
provided so that an effective and integrated statewide network of solid waste
management facilities may be planned, financed, developed and operated for
the benefit of the people and municipalities of the state;
(4) That solid waste management activities be conducted in an environmentally
sound manner;
(5) That private industry be encouraged to continue playing a key role in the
state's solid waste management programs;
(6) That solid waste management facilities and services be provided for
municipalities, institutions, and persons in the state at reasonable costs,
by state solid waste management systems and facilities, where the services
and facilities are considered necessary and desirable; the facilities and
services shall be used by all persons and municipalities within the state
under terms and conditions that the Rhode Island resource recovery
corporation shall reasonably fix and establish;
provided, however, that municipalities operating their own landfills on
December 1, 1986 shall be free to continue to use the landfills until the
closure of the landfills; and provided, further, that this subdivision shall
not be construed to affect or impair any valid contract for disposal of
municipal waste which was in effect on March 1, 1985 until the expiration of
the original term of the contract, or the expiration of any extension
approved by the corporation, or sooner termination of the contract; after the
closure of the landfill or expiration or earlier termination of the
contracts, the municipalities shall be required to use the facilities and
services as the corporation shall direct;
(7) That provision shall be made for planning, research, and development, and
appropriate innovation in the design, management, and operation of the
state's system for solid waste management, in order to permit continuing
improvement and provide adequate incentives and processes for lowering
operating and other costs;
(8) That the Rhode Island resource recovery corporation established pursuant
to this chapter shall plan and implement solid waste management facilities
where necessary and desirable throughout the state, in accordance with the
general laws and with applicable state regulations, including, without
limitation, regulations of the department of health and the department of
environmental management;
(9) The creation, licensing, and operation of landfill solid waste disposal
facilities should be limited to what is reasonably required to service the
needs of the inhabitants and businesses of this state, having regard for
alternative technologies for waste disposal;
(10) That the Rhode Island resource recovery corporation will provide, either
by contract with a private concern or directly by the corporation, a
recycling facility as defined by the department of environmental management
at, or within a convenient distance of, all solid waste disposal facilities
under its jurisdiction. These recycling facilities will provide cities and
towns with a place to deposit their recyclable materials at no tipping cost to
the municipalities; provided, however,
that tipping fees may be charged in accordance with this chapter when the
solid waste processing facility is designed to process nonsource separated or
partially source separated solid waste for recycling at least seventy percent
(70%) of the municipal solid waste stream.
(11) An integrated approach shall be adopted with respect to solid waste
management planning and implementation activities that shall be based on the
following priorities to the extent economically feasible:
(i) Reduction of the amount of source waste generated;
(ii) Source separation and recycling;
(iii) Waste processing such as recycling based technology to reduce the
volume of waste necessary for land disposal;
(iv) Land disposal;
(12) That the central landfill should be reserved for the disposal of solid
waste generated within the state; and
(13) That the resource recovery corporation will operate the central landfill
in a manner designed to afford to the environment and to the citizens of the
state who reside near the landfill the maximum protection which is available
for the land disposal of rubbish and minimize or eliminate land disposal of
solid waste.
(14) That due to the myriad of over four hundred (400) toxic pollutants
including lead, mercury, dioxins, and acid gasses known to be emitted by
solid waste incinerators, the known and unknown threats posed by solid waste
incinerators to the health and safety of Rhode Islanders, particularly children,
along with the known and unknown threats to the environment are unacceptable.
(15) That despite the use of state of the art landfill liner systems and
leachate collection systems, landfills, and particularly incinerator ash
landfills, release toxic leachate into ground and surface waters which poses
an unacceptable threat to public health, the environment, and the state's
limited ground and surface water resources.
(16) That incineration of solid waste is the most costly method of waste
disposal with known and unknown escalating costs that would place substantial
and unreasonable burdens on both state and municipal budgets to the point of
seriously jeopardizing the public's interest. (17)
That the highest and best use of leaf and yard debris is for use in the
composting process and the resulting compost material is a valuable soil
amendment for agricultural and landscaping operations. The corporation shall
accept segregated leaf and yard debris collected from
municipalities as part of a municipal leaf and yard waste diversion program.
Municipalities shall have a .025 ton per person cap on the amount of leaf and
yard debris they deliver to the corporation's facility annually. This
material shall be accepted at no charge to municipalities, provided that the
corporation may charge twenty-five ($25.00) per ton for every ton that
exceeds the per person cap established for the municipality. This material
shall be composted at the corporation's facility. The resulting compost shall
be used by the corporation for operational and construction needs, and may be
periodically available to municipalities and state agencies at no charge. The corporation shall quantify the amount of leaf and yard debris it requires on an annual basis to create compost for landfill and construction operation purposes. The corporation shall report this amount to the general assembly no later than September 1, 2008. |
|
283) |
Section |
Amending Chapter Numbers |
|
|
23-19-13 |
93 and 122 |
|
|
|
23-19-13.
Municipal participation in state program. -- (a) (1) Any person or municipality which intends to
transfer, treat, or dispose of solid waste originating or collected within
the state, or which intends to make arrangements to do so, shall utilize,
exclusively, a system or facility designated by the corporation as provided
under this chapter. All transfer stations in existence as of December 1, 1986
are empowered so long as they maintain the appropriate license to continue
their operations, and the corporation shall not exercise its powers under
this chapter to compete with their operation and activity. No municipality
shall have power to engage in, grant any license, or permit for or enter into
any contract for the collection, treatment, transportation, storage, or
disposal of solid waste, and no municipality or any person shall engage in
any activities within the state, including disposal of solid waste, which
would impair the ability of the corporation to meet its contractual
obligations to its bondholders and others, or which would be in competition
with the purposes of the corporation as provided in this chapter. The
corporation shall not be empowered to engage in the transportation, transfer,
or storage of solid waste, except in temporary situations where a
municipality has defaulted in its obligation under this section, or in
conjunction with its activities at its disposal sites. Provided, however,
that municipal contracts which were in existence on March 1, 1985, are
excepted from this requirement until expiration of the original term of the
contract or the expiration of any extension approved by the corporation, or
sooner termination of the contracts, and provided, further, that
municipalities operating their own landfills on December 1, 1986 shall be
free to continue to use the landfills until closure of the landfills. Without
limiting the generality of the preceding, municipalities and persons are
expressly empowered to contract with the corporation and/or, subject to the
approval of the corporation, with a duly licensed private disposal facility
for the disposal of solid wastes. The approval shall be conditioned upon a
finding by the board of commissioners of the corporation that any proposed
contract with a Rhode Island municipality or person is in conformity with the
statewide resource recovery system development plan and this chapter, and
that the proposed contract will not impair the ability of the corporation to
meet its contractual obligations to its bondholders and others. The contracts
may have a maximum total term, including all renewals, of up to fifty (50)
years.
(2) The corporation shall charge fees for its solid waste management services
that, together with other revenues available to the corporation, will, at a
minimum, be sufficient to provide for the support of the corporation and its
operations on a self-sustaining basis, including debt service on its bonds
and other obligations.
(b) Insofar as the provisions of this chapter are inconsistent with the
provisions of any other laws of this state, general, special, or local,
restricting the power of any municipality to enter into long term contracts
with the corporation, the provisions of this chapter shall be controlling.
The corporation shall provide suitable and appropriate assistance to
communities under these circumstances. Notwithstanding the preceding, if the
corporation deems it desirable, it
may from time to time permit municipalities to contract among themselves for
the disposal of their wastes.
(c) Municipalities, along with private producers of waste which contract with
the corporation for disposal of their wastes, shall continue to be free to
make their own arrangements for collection of wastes at the source and/or the
hauling of wastes to the designated processing and/or transfer stations, so long
as those arrangements are in compliance with the provisions of chapter 18.9
of this title and with this chapter, and any municipal license relating
thereto.
(d) All municipalities and state agencies which are participants in the state
waste disposal program shall initiate a separation and recycling program
within one year after the date on which the resource recovery facility
utilized by that municipality or agency is operational and accepting waste
for incineration.
(e) (1) The corporation and any municipality may enter into a contract or
contracts providing for or relating to the disposal of solid waste
originating in the municipality and the cost and expense of the disposal.
(2) The contract may be made with or without consideration and for a
specified or unspecified time not to exceed fifty (50) years, and on any
terms and conditions which may be approved by the municipality and which may
be agreed to by the corporation in conformity with its contracts with the
holders of any bonds or other obligations. Subject to the contracts with the
holders of bonds, the municipality is authorized and directed to do and
perform any and all acts or things necessary, convenient, or desirable to
carry out and perform the contract and to provide for the payment or
discharge of any obligation under the contract in the same manner as other
obligations of the municipality. (3)
All municipalities that contract with the corporation for the disposal of
solid waste shall prepare as an addendum to its fiscal year 2010 contract
with the corporation a plan that includes a description of the process by
which thirty-five percent (35%) of its solid waste will be recycled and fifty
percent (50%) of its solid waste will be diverted beginning July 1, 2012.
This addendum shall include a residential and municipal waste stream
evaluation, a plan for the reduction of solid waste and recyclables generated
and the process by which recyclable materials are to be segregated. The
corporation shall have the right to execute or deny execution of the
municipal solid waste and recycling services contract pending approval of the
addendum. Once the corporation approves this addendum, the municipality must
implement the plan and report on the results annually to the corporation. The
corporation shall enforce the provisions of this section pursuant to
subdivision 23-19-13(g)(3). (4)
The corporation shall notify every city or town that it contracts with no
later than August 1, 2008 as to the addendum requirements that must be included
in the fiscal year 2010 contracts to recycle thirty-five percent (35%) and
divert fifty percent (50%) of solid waste beginning
July 1, 2012.
(f) The municipalities and the state have shared responsibility for the
payment of the cost of municipal solid waste disposal. The state will pay its
share of the cost of the solid waste disposal services to be provided by the
corporation to the municipalities at its solid waste management
facilities and its central landfill in the town of Johnston, and at any
back-up facility which the corporation is required to provide, by providing
solid waste disposal operating subsidies as provided in subsections (i) and
(j).
(g) (1) The corporation shall charge each municipality with which it has a
long-term contract for solid waste disposal services a tipping fee per ton of
source separated solid waste excluding separated recyclable materials,
sludge, and demolition debris delivered to any corporation
facility computed in accordance with this subsection. For purposes of this
chapter, "fiscal year" shall mean the twelve-month period, July 1
to June 30. The municipal tipping fee shall be equal to one hundred seven and
one-half percent (107.5%) of the prior fiscal year's municipal tipping fee
through the end of the 2009 fiscal year. One dollar and ten cents ($1.10) per
ton on all garbage, including recycled garbage, collected by the corporation
as tipping fee shall be paid
to the town of exempt
from this three dollar ($3.00) tipping fee. All fees collected shall be paid
to the town of
(2) Notwithstanding the provisions of subdivision (g)(1), the municipal
tipping fee may be increased, if, due to the commencement of operation of a new
resource recovery facility during the previous fiscal year, the state subsidy
as calculated pursuant to subsection (i), not considering landfill revenues
and losses, is projected to be greater than the state subsidy projected by
the corporation and the department of administration when the projections
were officially accepted by
the corporation on the basis of contracts entered into for the initial
resource recovery facility. The amount by which the projected state subsidy
exceeds the original projections will be apportioned between the state and
the municipalities in the same ratio as the state subsidy for the previous
year divided by the number of tons of municipal solid waste processed by the
corporation bears to the municipal tipping fee for that year. The increased
municipal tipping fee herein provided shall be subject to the same escalation
factor as the municipal tipping fee set forth above.
(3) The corporation shall establish in the contract, the maximum amount of
municipal solid waste that each municipality will be entitled to deliver to
the corporation at the municipal tipping fee. Solid waste in excess of the
contract amount will be charged to the municipality at the non-municipal
rate. In determining the maximum amount of municipal solid waste which will
qualify for the municipal tipping fee, the corporation shall consider the
municipality's solid waste per capita average, the statewide solid waste per
capita average, and any other factors that it shall deem appropriate.
(4) Seaweed collected and removed by a municipality shall be deemed
"yard waste" for purposes of this chapter and any rules,
regulations and/or plans promulgated by the corporation pursuant to this
chapter, and shall be accepted by the corporation at the same rate and cost
as all other municipal yard waste.
(h) The corporation, after the initial resource recovery facility becomes
operational, shall charge each non-municipal user of its facilities a fee per
ton equal to the projected annual resource recovery system cost less energy
revenues and interest earnings on bond reserve funds, if any, divided by the
projected tons to be processed by the corporation at its resource facilities
for the year. Landfill costs shall not be considered in the calculation
unless landfill costs exceed revenues
generated at the landfills; in those cases, excess landfill costs will be
added to the system costs.
(i) The annual state subsidy for the cost of disposal of municipal solid
waste shall be calculated for each fiscal year or portion of each fiscal year
according to the following formula: The annual state subsidy shall equal the
total projected annual resource recovery system costs (minus costs associated
with the central landfill) for the next fiscal year less the sum of the
following: (1) projected resource recovery system revenues for the year; and
(2) projected landfill revenues;
provided, however, that in the event that the landfill is projected to
operate at a loss, the amount of the loss shall be added to the subsidy.
(j) (1) On or before October 1 of each year, the corporation shall submit a
budget to the director of administration for the succeeding fiscal year using
actual resource recovery system revenues and costs, and the audit of the
preceding fiscal year prepared by the corporation's independent auditors and
accepted by the auditor general. On or before December 1 of each year, the
director of administration, in consultation with the corporation, shall
review the budget of the corporation and shall determine and certify the
annual state subsidy for the succeeding fiscal year to the governor who shall
submit to the general assembly printed copies of a budget which shall include
the state subsidy as previously determined in this subsection. The state
subsidy appropriation shall be on a system basis but shall contain specific
appropriations for each resource recovery facility. If the amount
appropriated exceeds the amount needed for a specific facility,
the corporation, with the approval of the director of administration, may
reallocate the appropriated but unadvanced funds to other corporation
facilities or costs. If the audit prepared by the corporation's independent
auditors indicates that the amounts appropriated and disbursed to the
corporation as a subsidy were in excess of the amounts which would have been
required for the year if actual resource recovery system revenues and costs
had been used in the calculation of the subsidy, the excess shall be credited
against the current fiscal year's subsidy.
(2) At any time, if the corporation determines that the state subsidy will be
insufficient to discharge the corporation's obligations for the current
fiscal year, it shall request, in writing, to the director of administration
for a supplemental appropriation. After review, the director of
administration will recommend to the governor additional funding for the
corporation, and the governor after further review, shall submit a
supplemental appropriation bill request for the funds to
the general assembly.
(3) From the appropriations made by the general assembly, the state
controller is authorized and directed to draw his or her orders upon the
general treasurer every month for the payment of those sums that may be
required upon receipt by him or her of properly authenticated vouchers.
(k) If, in any fiscal year, the appropriation for the state subsidy is not
made and if the corporation has insufficient other funds to discharge its
obligations to holders of its bonds and notes as certified by the state
auditor general, the corporation shall be empowered to charge both municipal
and non-municipal users whatever fees are necessary to discharge its
obligations to holders of its bonds and notes, and the municipal tipping fee
set forth in subsection (g) shall not be applicable for the fiscal year.
(l) On or after the date established for separation of recyclable solid waste
in the statewide plan for separation of recyclables by the department of
environmental management, only segregated solid waste shall be accepted at
the corporation's facilities.
(m) Costs associated with participation in the state program shall not
constitute state mandated costs under section 45-13-7. |
|
284) |
Section |
Amending Chapter Numbers: |
|
|
23-19-31 |
260 and 420 |
|
|
|
23-19-31.
Recycling facility at central landfill. -- The |
|
285) |
Section |
Amending Chapter Numbers: |
|
|
23-24.10-1 |
105 and 126 |
|
|
|
23-24.10-1.
Purpose. -- The purposes of this act are:
(1) To
(2) To develop a comprehensive strategy, with the participation of state
agencies, producers, processors and consumers, for waste prevention and
reduction of covered electronic products in the state, which addresses the
collection, recycling and reuse of covered electronic products from all
covered electronic product generators in the state and that ensures the safe
and environmentally sound handling, reuse and recycling of covered electronic
products;
(3) To promote the development of state infrastructure for the reuse and
recycling of used electronics;
(4) To eliminate waste generated in the state from covered electronic
products from landfill and incinerator disposal; and
(5) To encourage the design of covered electronic products that are less
toxic, more durable and more recyclable. |
|
286) |
Section |
Amending Chapter Numbers: |
|
|
23-24.10-3 |
105 and 126 |
|
|
|
23-24.10-3.
Definitions. --
(1) "Department" means the department of environmental management.
(2) "Covered electronic products" means:
(i)
(ii) Computer monitors, including CRT monitors and flat panel monitors;
(v)
“Covered electronic products” does not mean a computer, television or video
display device that is: (a) a part of a motor vehicle or any component part
of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised
dealer, including replacement parts for use in a motor vehicle; or (b)
functionally or physically a part of, connected to or integrated within a
larger piece of equipment desi gned
and intended for use in an industrial, governmental, commercial, research and
development, or medical setting, (including diagnostic, monitoring, or other
medical products as that term is defined under the Federal Food, Drug, and
Cosmetic Act) or equipment used for security, sensing, monitoring, or
anti-terrorism purposes; or (c) contained within a home appliance, clothes
washer, clothes dryer, refrigerator, refrigerator and freezer, microwave
oven, conventional oven or range, dishwasher, room air conditioner,
dehumidifier, or air purifier; or (d) a handheld device used to access
commercial mobile radio service, as such service is defined in 47 CFR 20.3,
or (e) a printer as defined in subsection (ii) herein.
(3) (4)
"Computer" often referred to as a “personal computer” or “PC”,
means a desktop or notebook computer as further defined below, but does not
mean an automated typewriter, electronic
printer, mobile telephone, portable hand-held calculator, portable digital
assistant (PDA), MP3 player, or other similar device. “Computer” does not
include computer peripherals, commonly known as cables, mouse, or keyboard;
computer servers marketed to professional users; or retail store terminals or
cash registers, used at customer checkout in the retail industry. “Computer”
is further defined to include: (i)
“Desktop Computer” means an electronic, magnetic, optical, electrochemical,
or other high speed data processing device performing logical, arithmetic, or
storage functions for general purpose
needs which are met through interaction with a number of software programs
contained therein, and which is not designed to exclusively perform a
specific type of logical, arithmetic or storage function or other limited or
specialized application. Human interface with a desktop computer is achieved
through a stand alone keyboard, stand-alone monitor or other display unit,
and a stand-alone mouse or other pointing device, and is designed for a
single user. A desktop computer
has a main unit that is intended to be persistently located in a single
location, often on a desk or on the floor. A desktop computer is not designed
for portability and generally utilizes an external monitor, keyboard, and
mouse with an external or internal power supply for a power source. Desktop
computer does not include an automated typewriter or typesetter; or (ii)
“Notebook computer” means an electronic, magnetic, optical, electrochemical,
or other high-speed data processing device performing logical, arithmetic, or
storage functions for general purpose needs which are met through interaction
with a number of software programs contained therein, and which is not
designed to exclusively perform a specific type of logical, arithmetic or
storage function or other limited or specialized application. Human interface
with a notebook computer is achieved through a keyboard, video display
greater than nine inches (9”) in size, and mouse or other pointing device,
all of which are contained within the construction of the unit which
comprises the notebook computer; supplemental stand alone interface devices
typically can also be attached to the notebook computer. Notebook computers
can use external, internal, or batteries
for a power source. Notebook computer does not include a portable handheld
calculator, or a portable digital assistant or similar specialized device. A
notebook computer has an incorporated video display greater than nine inches
(9”) in size and can be carried as one unit by an individual. A notebook
computer is sometimes referred to as a laptop computer.
(5) "Corporation" means the
(6) "Manufacturer" means a person or entity who: (i)
Has a physical presence and legal assets in the (A)
Manufactures or manufactured a covered electronic product under a brand it
owns; or is or was licensed to use; (B)
Sells or sold under a brand or label it owns or is or was licensed to use a
covered electronic product produced by other suppliers; or (C)
Assumes the financial responsibility of manufacturer collection,
transportation or recycling as further defined herein; or (D)
Imports or imported a covered electronic product into the (E)
Sells at retail a covered electronic product acquired from an importer that
is the manufacturer as described in subsection (b) herein, and elects to
register in lieu of the importer.
(7) “Market share” means a television manufacturers’ national sales of
televisions expressed as a percentage of the total of all television
manufacturers’ national sales based on the best available public data.
(8) "Monitor" means a video display device without a tuner that can
display pictures and sound and is used with a computer.
(9) "Orphan waste" means a covered electronic product, except a
television, for which no manufacturer can be identified or the manufacturer
is no longer a business and no successor business can be identified. (10)
"Premium service" means services such as at-location system upgrade
services and at-home pickup services, including curbside pickup service. (11)
“Printer" means desktop printers, multifunction printer copiers, and
printer/fax combinations taken out of service that are designed to reside on
a work surface, and include various print technologies, including without
limitation laser and LED (electrographic), ink jet, dot matrix, thermal, and
digital sublimation, and "multi-function" or "all-in-one"
devices that perform different tasks, including without limitation copying,
scanning, faxing, and printing. Printers do not include floor-standing
printers, printers with optional floor stand, point of sale (POS) receipt
printers, household printers such as a calculator with printing capabilities
or label makers, or non-stand-alone printers that are embedded into products
that are not covered electronic products. (12)
"Retailer" means a person or entity who sells a covered electronic
product in the state to a consumer. "Retailer" includes, but is not
limited to, a manufacturer of a covered electronic product who sells directly
to a consumer through any means, including, but not limited to, transactions
conducted through sales outlets, catalogs or the Internet, or any similar
electronic means, but not including leasing, commercial financing or
wholesale transactions with a distributor or other retailer. (13)
"Return share" means the minimum percentage of covered electronic
products, except televisions, that an individual manufacturer is responsible
for collecting, transporting and recycling.
(14) "Return share by weight" means the minimum total weight of
covered electronic products, except televisions, that an individual
manufacturer is responsible for collecting, transporting and recycling. (15)
"Television" means any telecommunication system device that can
broadcast or receive moving pictures and sound over a distance and includes a
television tuner or a display device peripheral to a computer that contains a
television tuner. (16)
"Video display devices" means and includes units capable of presenting
images electronically on a screen, with a viewable area greater than nine
inches (9") when measured diagonally, viewed by the user and may include
cathode ray tubes, flat panel computer monitors, plasma displays, liquid
crystal displays, rear and front enclosed projection devices, and other
similar displays that exist or may be developed. (17) "State program" means a statewide program for collecting, transporting and recycling covered electronic products that is provided by the resource recovery corporation for manufacturers who pay a recycling fee. |
|
287) |
Section |
Amending Chapter Numbers: |
|
|
23-24.10-5 |
187 and 475 |
|
|
|
23-24.10-5.
Disposal ban. -- (1) After
(2) This ban on disposal shall apply to whole units of covered electronic
products, as well as to the constituent subunits and materials from which the
units are made.
(3) No solid waste landfill or transfer station regulated pursuant to section
23-18.9 shall accept any covered electronic products for the purposes of
disposal after procedures as part
of the operation of the facility. |
|
288) |
Section |
Repealing Chapter Numbers: |
|
|
23-24.10-6 |
105, 105, 126 and
126 |
|
|
|
23-24.10-6.
[Repealed.] |
|
289) |
Section |
Adding Chapter Numbers: |
|
|
23-24.10-7 |
105 and 126 |
|
|
|
23-24.10-7.
Sales and labor prohibitions. -- (a)
A manufacturer not in compliance with all financial and other requirements of
this chapter is prohibited from offering a covered electronic product for
sale in this state.
(b) It shall be unlawful for any retailer and/or manufacturer to offer for
sale in this state a new covered electronic product from a manufacturer that
is not in full compliance with the requirements of this chapter. The
department shall maintain a list of all manufacturers in compliance with the
requirements of this chapter and post the list on an Internet website.
Retailers of products in or into the state shall consult the list prior to
selling covered electronic products in this state. A retailer shall be
considered to have complied with this responsibility if, on the date that the
product was ordered from the manufacturer or its agent, the manufacturer was
listed as being in compliance on the aforementioned website. All manufactures
will be considered in compliance
with the purposes of this section until the department publishes the first
requirements of this chapter for the listing.
(c) It shall be unlawful for facilities that recycle covered electronic
products, including all downstream recycling operations, to use prison labor
to recycle covered electronic products. |
|
290) |
Section |
Adding Chapter Numbers: |
|
|
23-24.10-8 |
105 and 126 |
|
|
|
23-24.10-8.
Labeling and registration requirements. --
(a) On and after the effective date of this section, a manufacturer or
retailer may not sell or offer for sale a covered electronic product in the
state unless it is labeled with the manufacturer's brand, and the label is
permanently affixed and readily visible. (b)
Registration. Before January 1 of each year, a manufacturer of covered
electronic products sold or offered for sale in this state shall register
with the department for a period to cover the upcoming calendar year, on a
form provided by the department. The registration shall include: (1)
A list of all the brands manufactured, sold or imported by the manufacturer,
including those brands being offered for sale in this state by the
manufacturer; (2)
A statement of whether the manufacturer will be implementing a manufacturer
program or utilizing the state program for recycling covered electronic
products; and (3)
Any other information required by the department to implement this chapter. (c)
By January 1, 2009, each manufacturer of new covered electronic products
offered for sale for delivery in this state shall register with the
department and pay to the department a registration
fee of five thousand dollars ($5,000). Thereafter, if a manufacturer has not
previously filed a registration, the manufacturer shall file a registration
with the department prior to any offer for
sale for delivery in this state of the manufacturer's new covered electronic
products and shall pay to the department a registration fee of five thousand
dollars ($5,000). Any manufacturer to whom the department provides
notification of a return share, return share in weight or market share
pursuant to subsections 23-24.10-12(d) and (e) and who has not previously
filed a registration shall, within thirty (30) days of receiving such
notification, file a registration with the department
and shall pay to the department a registration fee of five thousand dollars
($5,000). (1)
Each registered manufacturer shall submit an annual renewal of its
registration to the department and pay to the department a registration fee
of five thousand dollars ($5,000) by January 1 of each program year. (2)
The registration and each annual renewal shall include a list of all of the
manufacturer's brands of covered electronic products and shall be effective
upon receipt by the department. (3)
All registration fees collected by the department shall be deposited in the
environmental response fund established pursuant to |
|
291) |
Section |
Adding Chapter Numbers: |
|
|
23-24.10-9 |
105 and 126 |
|
|
|
23-24.10-9.
Manufacturer responsibility. --(a)
A manufacturer choosing to implement a manufacturer program shall submit a
plan to the department at the time of payment of the annual registration
fee required under subsection 23-24.10-8(c). (b)
The manufacturer's plan must describe how the manufacturer will: (1)
Finance, manage and conduct a statewide program to collect covered electronic
products from households and public and private elementary and secondary
schools in this state; (2)
Provide for environmentally sound management practices to collect, transport
and recycle covered electronic products; (3)
Provide for advertising and promotion of collection opportunities statewide
and on a regular basis; and (4)
Include convenient service statewide. Collection sites shall be staffed and
open to the public at a frequency adequate to meet the needs of the area
being served. A program may provide collection service jointly with another
program and may include, but not be limited to, mail back programs and
collection events. (c)
The plan shall include a statement disclosing whether: (1) any video display
devices sold in (d)
A manufacturer choosing to implement a manufacturer program shall:
(1) Provide for collection, transportation and recycling of covered
electronic products from households and public and private elementary and
secondary schools free of charge and a manufacturer
that provides premium service for a person may charge for the additional cost
of that premium service. (2)
Implement the plan and provide a report to the department no later than
February 1 of each year that details how the plan required under this section
was implemented during the previous calendar year. (3)
Conduct a statistically significant sampling or actual count of the covered
electronic products collected and recycled by the manufacturer each calendar
year using a methodology approved
by the department. The manufacturer shall report the results of the sampling
or count to the department no later than January 1 of the following calendar
year. For all manufacturers, excluding
televisions manufactured, the report must include: (i)
A list of all brands identified during the sampling or count by the
manufacturer; (ii)
The weight of covered electronic products identified for each brand during
the sampling or count; and (iii)
The total weight of covered electronic products, including orphan waste if
applicable, collected from households and public and private elementary and
secondary schools in the state by the manufacturer during the previous
calendar year. (e)
A group of manufacturers, except television manufacturers, may choose to
implement a manufacturer program as one entity, if in doing so the
manufacturers meet the sum of their individual return shares by weight under
subsection 23-24.10-12(d) and that sum is at least five percent (5%). A group
of television manufacturers may choose to implement a manufacturer program as
one entity, if in doing so the manufacturers meet the sum of their individual
market shares under subsection 23-24.10-12(d). (f)
By February 1 of each year, a manufacturer that does not meet its share for
the previous calendar year shall pay the department for the amount not
achieved at a rate determined by the department to be equivalent to the
amount the manufacturer would have paid as defined under
subsection 23-24.10-11(d) plus ten percent (10%), to be part of the state
program. (g)
A manufacturer, except a television manufacturer, with less than a five
percent (5%) return share is required to participate in the state program
under section 23-24.10-11. A television manufacturer that does not have an
approved (h)
A manufacturer participating in the state program under section 23-24.10-11
shall notify the department at the time of its registration each year. (i)
By February 1 of each year, a manufacturer that participates in the state
program shall pay a recycling fee to the corporation in an amount adopted by
the department under section 23-24.10-12 to cover the costs of collecting,
transporting and recycling the manufacturer's annual share of covered
electronic products for the following year. (j)
(1) A manufacturer program, the state program or a collector participating in
a manufacturer program or the state program may not charge a fee to
households or public and private elementary and secondary schools for the
collection, transportation or recycling of those covered electronic products. (2) A collector that provides a
premium service to a person may charge for the additional cost of providing
the premium service. |
|
292 ) |
Section |
Adding Chapter Numbers: |
|
|
23-24.10-10 |
105 and 126 |
|
|
|
23-24.10-10.
Retailer responsibility. -- (a)
A retailer may not sell or offer for sale any covered electronic product in
or for delivery into this state unless: (1)
The covered electronic product is labeled with a brand and the label is
permanently affixed and readily visible; (2)
The brand is included on the list posted by the department; and (3)
The list posted by the department specifies that the manufacturer is in
compliance with the requirements of this chapter. All manufacturers will be
considered in compliance with the requirements of this chapter for the
purposes of this section until the department publishes the first listing. (b)
A retailer shall provide to a consumer at the time of the sale of a covered
electronic product information from the department's website that provides
details about where and how a consumer can recycle covered electronic
products in (c)
On or after January 1, 2009, a retailer who sells or offers for sale a new
covered electronic product must, before the initial offer for sale, review
the department’s website to determine that all new covered electronic
products that the retailer is offering for sale are labeled with the
manufacturer's brands that are registered with the department. (d) A retailer
is not responsible for an unlawful sale under this subdivision if the
manufacturer's registration expired or was revoked and the retailer took
possession of the covered electronic product prior to the expiration or
revocation of the manufacturer's registration and the unlawful sale occurred
within three (3) months after the expiration or revocation. |
|
293) |
Section |
Adding Chapter Numbers: |
|
|
23-24.10-11 |
105 and 126 |
|
|
|
23-24.10-11.
approval
that will: (1)
To the extent practicable, use existing local collection, transportation and
recycling infrastructure; (2)
Use environmentally sound management practices as defined under subsection
23-24. 10-12(i) to collect, transport and recycle covered electronic
products; (3)
Provide for households and public and private elementary and secondary
schools convenient and available collection services and sites for covered
electronic products in each county of this state and collection services
shall be free of charge for households and public and private elementary and
secondary schools; (4)
Advertise and promote collection opportunities statewide and on a regular
basis; and (5)
Conduct an actual count of the covered electronic products collected and
recycled by the state program during each calendar year using a methodology
approved by the department and prepare a report no later than March 1 of the
following calendar year that includes but is not limited to: (i)
A list of all brands identified during the count; (ii)
The weight of covered electronic products, except televisions, identified for
each brand during the count; and (iii)
The total weight of covered electronic products, including orphan waste if
applicable, collected from households and public and private elementary and
secondary schools in the state by the state program during the previous
calendar year. (6)
Maintain on its website information on collection opportunities for covered
electronic products, including collection site locations and hours. The
information must be made available in a printable format for retailers. (b)
Covered electronic products account fund. The corporation shall create the
covered electronic products account fund. Interest earned by the account
shall be credited to the account. Fees
collected by the corporation under subsection (c) below shall be deposited in
the covered electronic products account fund. Moneys in the account are to be
used only to pay the costs of implementing this chapter and enforcing the
disposal ban in section 23-24.10-5. (c)
The corporation shall determine the return share and return share by weight
for each calendar year for each manufacturer, except television
manufacturers. The return share shall be determined by dividing the total
weight of covered electronic products of that manufacturer's brands by the
total weight of covered electronic products for all manufacturers' brands.
The return share by weight shall be determined by multiplying the return
share for each such manufacturer by the total weight in pounds of covered
electronic products, including orphan waste, collected from households and
public and private elementary and secondary schools the previous calendar
year. (1)
For 2009 and 2010, determine the return share and return share by weight for
each manufacturer, except television manufacturers, based on the best
available public return share data and public weight data from within the
United States for covered electronic products from households and public and
private elementary and secondary schools. For subsequent years, the return
share of covered electronic products for each manufacturer shall be based on
the most recent
annual sampling or count of covered electronic products. For subsequent
years, the total weight in pounds of covered electronic products shall be
based on the total weight of covered electronic products, including orphan
waste, determined by the department. (2)
Determine the market share for each television manufacturer in accordance
with subsection 23-24.10-3(7). (3)
The corporation shall present the proposed return or market shares for each
manufacturer to the department for review and approval. (d)
Determine the recycling fee to be paid by each manufacturer that participates
in the state program established pursuant to this section. The corporation
shall determine the recycling fees as follows: (1)
For each manufacturer, except television manufacturers, the corporation shall
determine the recycling fee based on the manufacturer's annual return share
and return share by weight as determined under subsection (c) of this
section. The fee shall be calculated on a per pound basis and shall not
exceed fifty cents ($.50) per pound. (2)
By January 1 of each year, the corporation shall set the cost per pound for
collection, transportation, and recycling of covered electronic products,
except televisions, in order to reasonably approximate market costs for these
services, which cost per pound is used to calculate the fee. The corporation
may adjust such cost per pound in order to reasonably approximate market
costs for the collection, transportation, and recycling of covered electronic
products. (3)
By January 1 of each year, for each television manufacturer that participates
in the state program the corporation shall determine, by regulation, the
recycling fee based on a television manufacturer’s market share. (4)
The corporation shall present the proposed recycling fees and any adjusted
recycling fees for each manufacturer to the department for review and
approval. (e)
Regulatory authority. The corporation may adopt such regulations as shall be
necessary to implement the provisions of this chapter. |
|
294) |
Section |
Adding Chapter Numbers: |
|
|
23-24.10-12 |
105 and 126 |
|
|
|
23-24.10-12.
Department responsibility. -- The
department shall: (a)
By January 1, 2009, maintain and make available on its website the following
lists, which must be updated by the first day of each month: (1)
A list of registered manufacturers and their brands; (2)
A list of brands for which no manufacturer has registered; and (3)
A list that identifies which manufacturers are in compliance with this
chapter. (b)
Review and approve manufacturer plans that comply with this chapter and are
submitted annually by manufacturers choosing to implement a manufacturer
program for recycling covered electronic products. (c)
Review and approve the corporation’s plan as established by section
23-24.10-11. (d)
Review and adopt the return share and return share by weight for all
manufacturers, except television manufacturers, for the following year as
determined by the corporation pursuant to section 23-24.10-11. The department
shall review and adopt the market share for all television manufacturers for
the following year as determined by the corporation pursuant to section
23-24.10-11. (e)
By January 1 of each year, notify each manufacturer that had a return share
determined under section 23-24.10-11 its return share and its return share by
weight for the following year. By January 1 of each year, notify each
television manufacturer that had a market share
determined under section 23-24.10-11 its market share for the following year. (f)
Review and adopt the recycling fee for all manufacturers as determined by the
corporation pursuant to section 23-24.10-11. (g)
By January 1 of each year, the department shall notify each manufacturer that
had a recycling fee determined under section 23-24.10-11 of the amount of its
recycling fee. By November 1 prior to the program year for which a revised
cost per pound is to be used in accordance
with the provisions of section 23-24.10-11 the department shall notify all
registered manufacturers of the revised cost per pound. (h)
Report biennially to the general assembly on the operation of the statewide
system for collection, transportation and recycling of covered electronic
products. (i)
Environmentally sound recycling and reuse. The department shall develop and
adopt regulations no later than January 30, 2009 to define environmentally
sound recycling and reuse practices for the manufacturers' plans and the
state program. These regulations will apply to collectors, transporters, and
processors, and should ensure that all their downstream vendors comply with
all local, state, and federal regulations, and must not violate laws in
importing and transit
countries when exporting environmentally sensitive materials throughout final
disposition. (j)
Regulatory authority. The department may adopt such regulations as shall be
necessary to implement the provisions of this chapter and may include
exemptions from provisions of this chapter as deemed appropriate by the
department. |
|
295) |
Section |
Adding Chapter Numbers: |
|
|
23-24.10-13 |
105 and 126 |
|
|
|
23-24.10-13.
State procurement. -- (a) No later
than January 1, 2009, all state agencies shall meet at least ninety-five
percent (95%) of their annual purchasing requirements with electronic
products registered to the Electronic Product Environmental Assessment Tool (EPEAT)
unless there is no EPEAT standard for such product. (b)
All vendors of electronic products to the state shall provide take-back and
management services for their products at the end of life of those products
and must be in compliance with all the requirements of this section. Vendors
shall provide assurances that all take-back
and management services will operate in compliance with all applicable
environmental laws. Purchasing preference must be given to electronic
products that incorporate design for the preservation of the environment. |
|
296) |
Section |
Adding Chapter Numbers: |
|
|
23-24.10-14 |
105 and 126 |
|
|
|
23-24.10-14.
Multistate implementation. --
The department and the corporation are authorized to participate in the
establishment of a regional multistate organization or compact to assist in
carrying out the requirements of this chapter. |
|
297) |
Section |
Adding Chapter Numbers: |
|
|
23-24.10-15 |
105 and 126 |
|
|
|
23-24.10-15.
Limitations. -- If
a federal law or combination of federal laws take effect that is applicable
to all covered electronic products sold in the United States and establishes
a program for the collection and recycling or reuse of covered electronic
products, the department shall evaluate whether such laws provide a solution
that is equal to or better than the program created by this act. The
department shall report its findings back to the legislature. |
|
298) |
Section |
Adding Chapter Numbers: |
|
|
23-24.10-16 |
105 and 126 |
|
|
|
23-24.10-16.
Violations. -- 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 violation, the liability shall be for a
civil penalty not to exceed five thousand dollars ($5,000) for each violation. |
|
299) |
Section |
Adding Chapter Numbers: |
|
|
23-24.10-17 |
105 and 126 |
|
|
|
23-24.10-17.
Severability. -- The provisions of this chapter
shall be severable, and if any part of this chapter is declared to be invalid
or void by a court of competent jurisdiction, the remaining portion shall not
be affected but shall remain in full force and effect and shall be construed to be
the entire chapter. |
|
300) |
Section |
Amending Chapter Numbers: |
|
|
23-27.3-114.1 |
301, 425 and 475 |
|
|
|
23-27.3-114.1.
Action on application. -- (a) The
building official shall examine or cause to be examined all applications for
permits and amendments thereto within fifteen (15) days after filing. Before
a permit is granted for the excavation or for the erection of any building or
structure, a written statement shall be furnished by the owner from a town or
city engineer as to the established grades. If the application or plans do
not conform to the requirements of this code or of all applicable laws, the
building official shall reject the application citing the specific sections
of this code or applicable law upon which the rejection is based. If the
building official is satisfied that the proposed work conforms to the
requirements of this code and all laws applicable thereto, he or she shall
issue a permit.
(b) In cases where the permit application is for the construction (c)
In cases where the permit application is for the rehabilitation of an
existing residential dwelling occupied by one, two (2), and/or three (3)
families and affecting not more than fifty percent (50%) of the square
footage of the original dwelling, the building official shall reject the
application or issue the permit within fifteen (15) calendar days after the
filing of the application. If after fifteen (15) calendar days the
application has not been either rejected or a permit issued, the
permit fee shall be reduced by fifty percent (50%). The provisions of this
subsection shall apply to actions by other departments with authority over
the issuance of the permit except in cases where the permit application requires
plan review under sections 23-28.1-2(2) and 23-28.1-6. 24-8-34. The
director shall render a decision within ninety (90) days of receipt of
request for access. |
|
301) |
Section |
Amending Chapter Numbers: |
|
|
23-27.3-122.2 |
77 and 471 |
|
|
|
23-27.3-122.2.
Prosecution of violation. -- If
the notice of violation is not answered and corrections scheduled as approved
and complied with within thirty (30) days after service, unless otherwise
provided in this code, the building official may request legal counsel of the
municipality to
institute the appropriate proceeding at law or in equity in a court of
competent jurisdiction, including municipal housing courts, the municipal
court of the town of Westerly, and the municipal court of the town of
North Providence now existing or hereafter established by action of the
general assembly, to restrain, correct, or abate the violations or to require
the removal or termination of the unlawful use of the building or structure
in violation of the provisions of this code or of the order or direction made
pursuant thereto. The court action shall have precedence on the calendar
after court actions commenced pursuant to section 34-18-10, and shall
continue to have precedence on the calendar on a day-to-day basis until the
matter is heard. |
|
302) |
Section |
Amending Chapter Numbers: |
|
|
23-28.3-2 |
215 and 322 |
|
|
|
23-28.3-2.
Fire safety code board of appeal and review -- Composition -- Appointment,
terms, and removal of members. -- (a)
There is hereby created a fire safety code board of appeal and review, consisting
of eleven (11) members who shall be appointed by the governor with the advice
and consent of the senate. Of the members of the board of appeal and review,
one shall be a representative of the permanent fire chief, one shall be a
representative of the building inspectors, one shall represent industry, one
shall represent labor, one shall be a licensed architect, one shall be a
licensed professional engineer, one shall be a representative of the
fire protection industry, one shall be a representative of the volunteer fire
chiefs, and three (3) shall be representatives of the public; provided,
however, that one shall be an officer, partner, or proprietor
of a
(b) The actions on appeals shall be determined by a majority vote by members
present with at least five (5) members in accord on any decision.
(c) The chairperson of the board may appoint such subordinates and clerical
and other assistants as may be necessary for the proper performance of its
duties, within the limit of available appropriations therefor, all of which
appointments shall be in the unclassified service; provided, however,
that the chairperson of the board, subject to the provisions of chapter 4 of
title 36, shall be the appointing authority for the executive director, who
shall be in the classified service. |
|
303) |
Section |
Amending Chapter Numbers: |
|
|
23-28.6-21 |
142 and 180 |
|
|
|
23-28.6-21.
Sprinklers required. -- (a) All new and
existing places of assembly shall be completely protected by an approved
system of automatic sprinklers installed and maintained in accordance with
N.F.P.A. Standard 13, 2002 Edition and its related standards pursuant to the
schedule outlined in subsection (d) of this section.
(b) The requirements of subsection (a) of this section shall not apply to:
(i) Any place of assembly with an occupancy load of fifty (50) to three
hundred (300) people of less concentrated use, exclusively calculated at
fifteen (15) square feet per person;
(ii) Any place of assembly with an occupancy load of fifty (50) to three
hundred (300) people of concentrated use not classified as a
"nightclub";
(iii) Any place of assembly with an occupancy load of fifty (50) to three
hundred (300) people of concentrated use, classified as a
"nightclub" with a posted maximum occupancy of less than one
hundred fifty (150) people;
(iv) Any existing building used primarily as a place of worship that is in
compliance with the requirements for places of worship established pursuant
to section 23-28.6-24.
(v) The open assembly areas in existing unheated buildings used on a seasonal
basis provided the building is protected by a properly maintained total
(complete) fire alarm system during all periods of occupancy.
(vi) Student occupied assembly areas, such as auditorium(s), library(s),
cafeteria(s) and gymnasium(s), within any existing building, classified as
either an educational occupancy, or an institution of higher education such
as a community college, a college and/or university, that is protected by a
properly maintained total (complete) fire alarm system. In the event the
owner or management of such a building plans to use one or more of the above
assembly areas, in a manner inconsistent with the traditional educational
use, for example a community meeting, a dance or a play, the owner or
responsible management must first consult with the state fire marshal's designee,
in the local fire department, and develop a plan of action for such use. The
proposed event shall only be conducted pursuant to the above plan of action.
This exception shall not apply to any such existing higher education assembly
area(s) used generally for commercial purposes such as an arena, restaurant,
bar or lounge.
(c) Alternatively engineered sprinkler systems, approved by the Fire Safety
Code Board of Appeal and Review, shall be allowed in the retrofitting of an
existing place of assembly with sprinklers.
(d) All places of assembly with a maximum occupancy of more than three
hundred (300) people shall be fully sprinkled in accordance with the above
standards on or before July 1, 2005. All "nightclubs" with a posted
maximum occupancy of one hundred fifty (150) or more people, and up to three
hundred (300) people shall be fully sprinkled in accordance with the above
standards on or before July 1, 2006. For good cause shown, the above
deadlines may be extended by the Fire Safety Code Board of Appeal &
Review.
(e) The occupancy of any place of assembly without a fire alarm system and/or
sprinkler system after July 1, 2004, shall have its maximum occupancy adjusted
by minus ten percent (10%) for the absence of a fire alarm system and minus
twenty percent (20%) for the absence for the sprinklers, when fire alarm
systems and/or sprinklers are required by law or regulation. Such downward
adjustment in occupancy shall be cumulative and shall cease to apply when the
premises are in compliance with requirements for fire alarms systems and
sprinklers, and shall not affect any other requirements of the Fire Safety
Code Board of Appeal and Review applicable to the premises. The ten percent
(10%) and twenty percent (20%) reductions in maximum occupancy, herein set
forth, may be waived, in writing, by the state fire marshal, assistant state
fire marshal, deputy state fire marshals, the local fire chief of the
jurisdiction in which the place of assembly is located, or an assistant
deputy state fire marshal as designated by the local fire chief. Provided,
however, that the owner or management responsible for the operation of the
facility shall be required to operate said facility under an alternative plan
of action for fire safety, which plan shall require the approval of the state
fire marshal, the assistant state fire marshal, deputy
state fire marshals, the local fire chief of the jurisdiction in which the
place of assembly is located, or an assistant deputy state fire marshal as
designated by the local fire chief, in order to qualify
for the waiver provided for herein.
(f) A place of assembly with an occupancy of one hundred fifty (150) or
greater and up to three hundred (300) may avoid the above occupancy
adjustment by requiring a fire fighter to be on duty during all hours of
occupancy. In no event shall the occupancy adjustment to the firefighter
requirement alter the July 1, 2006 deadline for the installation of sprinklers.
(g) All places of assembly with an occupancy of less than one hundred fifty
(150) shall use fire retardant paints or other coverings, to a standard
acceptable to the Fire Safety Code Board of Appeal and Review, unless the building
has sprinklers by July 1, 2006.
(h) The provisions of this section, in its entirety, shall not apply to
places of worship except as may be required by the Fire Safety Code Board of
Appeal and Review pursuant to section 23-28.6-24. |
|
304) |
Section |
Adding Chapter Numbers: |
|
|
23-83 |
101 and 153 |
|
|
|
CHAPTER 83 THE UMBILICAL CORD BLOOD
DONATION NOTIFICATION ACT |
|
305) |
Section |
Adding Chapter Numbers: |
|
|
23-83-1 |
101 and 153 |
|
|
|
23-83-1. Short
title. – This chapter
shall be known and may be cited as "The Umbilical Cord Blood Donation
Notification Act." |
|
306) |
Section |
Adding Chapter Numbers: |
|
|
23-83-2 |
101 and 153 |
|
|
|
23-83-2.
Definitions. – As used in this chapter, the
following terms are defined as follows: (1)
"Umbilical cord blood" is the blood that remains in the umbilical
cord and placenta after the birth of a newborn child. (2)
"Public cord blood bank" is a bank that maintains a supply of
unrelated cord blood units that are philanthropically donated for
transplantation or research purposes. This bank may also store a limited
number of units for autologous or family use when a disease that is treatable
by cord blood transplantation is known to exist within the donor's family. (3)
"Private cord blood bank" is a bank that for a fee stores cord
blood units for autologous or family use. (4)
"Mixed bank" is a bank that maintains a supply of unrelated cord
blood units philanthropically donated by transplantation or research purposes
to unrelated recipients and also for a fee stores cord blood for autologous
use and use by family members. (5)
"Obstetrical professional or facility" is licensed health care
providers, including, but not limited to, hospitals, birthing centers, health
clinics, midwives, obstetricians and other physicians who provide obstetrical
services. |
|
307) |
Section |
Adding Chapter Numbers: |
|
|
23-83-3 |
101 and 153 |
|
|
|
23-83-3.
Notification of option to donate umbilical cord blood. – (a) At a time determined to be appropriated by the
treating clinician, in consultation with the patient, after the first
trimester of pregnancy, and as soon as reasonably feasible, every obstetrical
professional or facility
in the state shall inform the pregnant woman once during her pregnancy of the
following options relating to stem cells that are contained in her umbilical
cord blood after the delivery of her child: (1)
Donate the stem cells to a public umbilical cord blood bank; (2)
Store the stem cells at the patient's expense in a family umbilical cord
blood bank for use by the immediate family and extended family members; (3)
Store the stem cells for family use through a family or sibling donor banking
program that provides free collection, processing and storage where there is
a medical need; or (4)
Discard the stem cells. (b)
A person who acts in good faith pursuant to this section is not subject to
civil or criminal liability or professional discipline for those acts. (c)
Any obstetrical professional or facility receiving financial remuneration for
the collection, processing, or transport of umbilical cord blood shall
provide written disclosure of this information to the pregnant woman at the
time that the notification of options for umbilical cord blood collection and
donation is made pursuant to section 23-83-3. (d)
Nothing in this chapter shall be construed to require a patient to donate her
umbilical cord blood. |
|
308) |
Section |
Adding Chapter Numbers: |
|
|
23-83-4 |
101 and 153 |
|
|
|
23-83-4. No fees for donation. – A person who agrees to donate her umbilical cord blood to a public cord blood bank or a mixed bank for use by the cord blood bank shall not be charged any fee for the costs of collecting, processing, transporting or storing the cord blood. |
|
309) |
Section |
Adding Chapter Numbers |
|
|
23-83-5 |
101 and 153 |
|
|
|
23-83-5.
Collection not required if health of mother or newborn impacted. – An obstetrical professional or facility is not
required to collect cord blood or cooperate in the collection of cord blood
if in the professional judgment of a licensed obstetrical professional the collection of
the cord blood would threaten the health of the mother or the newborn child. |
|
310) |
Section |
Adding Chapter Numbers: |
|
|
23-83-6 |
101 and 153 |
|
|
|
23-83-6.
Hospitals required to facilitate donations. – Unless it is medically inadvisable, each hospital or
other obstetrical facility in the state shall cooperate with the collection
staff of a cord blood bank designated by a patient to facilitate the donation
of the blood extracted from
the umbilical cord of the patient's newborn child to a cord blood bank. |
|
311) |
Section |
Amending Chapter Numbers: |
|
|
24-12-51.1 |
143 and 196 |
|
|
|
transportation
and department of environmental management public
at no charge, and shall be made accessible to persons with disabilities,
and shall provide the public with free and unfettered access to the shore
and/or to any structure built over the water, in
accordance with subsection (b) below.
(b) The regard
to recreational fishing opportunities. Such consideration shall include, but
not be limited to, the potential establishment of a public fishing pier, boat
access, and/or park. In pursuing further development of the site, the
directors shall seek to maximize public use and enjoyment of the site,
particularly with regard to fishing access. Any structures or facilities so
developed
made
accessible to persons with disabilities. (c)
Notwithstanding any provision to the contrary contained in any general or
public law, rule or regulation, the state of (d)
Notwithstanding the aforementioned, the directors of the department of
transportation and the department of environmental management are hereby
authorized to limit public access to the site
described in this section, between sunset and sunrise. |
|
312) |
Section |
Adding Chapter Numbers: |
|
|
25-2-51 |
140 and 168 |
|
|
|
25-2-51. John
Clarke Day. – The first
Monday in the month of October shall annually be set apart as a day to be
known as “John Clarke Day”. The day shall be observed by the people of this
state with appropriate ceremonies and activities that celebrate the many
contributions John Clarke made to our state. |
|
313) |
Section |
Amending Chapter Numbers: |
|
|
27-1-2.1 |
240, 310 and 475 |
|
|
|
27-1-2.1.
Corporate governance standards. [Effective July 1, 2008.] -- (a) The importance of good corporate governance is
crucial in promoting integrity in an insurance company's business practices
and in maintaining public confidence and policyholder trust. The size and
ownership structure of a company often determines the corporate governance standards
employed by the company. All
(1) The board of directors must be comprised of a minimum of five (5) and a
maximum of twenty-one (21) members.
(2) The board must meet at least two (2) times per year, however, four (4)
times per year is encouraged.
(3) The board must establish a written attendance policy.
(4) The board shall have authority to meet in executive session.
(5) There must be an audit committee established by and amongst the board of
directors for the purpose of overseeing the accounting and financial
reporting processes of the insurer and audits of the financial statement of
the insurer. If no such committee exists, the entire board of directors shall
act as the audit committee.
(6) The board must review the minutes of the audit committee.
(7) The audit committee must meet at least two (2) times per year.
(8) There must be a written audit committee charter.
(9) At least one member of the audit committee must have knowledge of
statutory accounting principles or generally accepted accounting principles.
(10) The internal audit function should have a direct reporting relationship
to the audit committee for critical matters such as the audit plan, resources
and budgets.
(11) The audit committee must approve the selection of the independent
auditor that performs any audit required by the
(12) The audit committee shall require the independent accountant that
performs any audit required by Rhode Island regulation governing annual
audited financial reports, to timely report to the audit committee in
accordance with the requirements of Statement of Auditing Standards No. 61,
communications with audit committee, or its replacement, including:
(i) All significant accounting policies and material permitted practices;
(ii) All material alternative treatments of financial information within
statutory accounting principles that have been discussed with management
officials of the insurer, ramifications of the use of the alternative disclosures
and treatments, and the treatment preferred by
the accountant; and
(iii) Other material written communications between the accountant and the
management of the insurer, such as any management letter or schedule of
unadjusted differences.
(13) There must be a written code of ethics covering directors and officers
that includes the insurer's conflict of interest policy.
(14) There should be a written policy encouraging employees to come forward
with observations of improprieties or other malfeasance.
(15) On or after the effective date of this act no domestic insurer or any
affiliate member of its holding company system (as defined in section 27-35-1
et seq.) may extend or maintain credit, arrange for the extension of credit,
or renew an extension of credit in the form of a personal
loan to or for any director or officer of a domestic insurer. The terms and
purpose of any such existing extensions of credit made to any director or
officer of a domestic insurer must be disclosed to the director. For purposes
of this subsection, benefits that are offered to directors or officers as
policyholders of a domestic insurer, or benefits that are offered to the
general public in the insurer's normal course of business, shall not be
considered a violation of this subsection.
(b) In addition to the standards enumerated in subsection (a) of this
section, the following corporate governance standards must be employed by all
Rhode Island domestic mutual insurance companies and all domestic insurance
companies writing more than one hundred million dollars ($100,000,000) in
premium, in any jurisdiction, on a direct and/or assumed basis, as determined
at the end of the previous calendar year:
(1) The board must have an independent majority of members.
(2) The audit committee must have an independent majority of members.
(3) The audit committee must approve all related party transactions, which
include, transaction between the company and its affiliates and those between
the company and its officers and directors. The company may establish
materiality thresholds, however, they must be clearly stated in its audit
committee charter as required by subdivision (a)(8), but in no event shall
the materiality thresholds exceed those established in chapter 35 of title
27.
(c) For purposes of this section, an independent board or audit committee
member is defined as an individual: (1) who is not being compensated by the
domestic insurer or any company within its holding company system ("organization"),
other than any reasonable compensation
and benefits for services as a director, and has not been compensated within
the past twelve (12) months including full-time and part-time compensation as
an employee or an independent contractor, except for reasonable compensation
as a director; (2) whose own compensation is not determined by individuals
who are compensated by the organization, except for reasonable compensation
paid to the director; (3) who does not receive material financial benefits;
(i.e. service contracts, grants or other payments) from the organization; or
(4) who is not related to (as a spouse, sibling, parent, or child) or the
domestic partner of an individual compensated by or who receives material
financial benefits from the organization. Policyholders of a domestic insurer
may be considered independent providing they meet the requirements as defined
in this subsection.
(d) Any action
for a period of sixty (60) days shall, constitute a final order for purposes
of the Rhode Island administrative procedures act allowing the party to appeal
to the superior court.
(e) Nothing contained in the company's by-laws shall conflict with the
corporate governance standards set forth in this act. Any amendments to a
domestic insurance company's by-laws shall be submitted in writing to the
department.
(f) A domestic insurer that is a member of an insurance holding company
system as defined in chapter 35 of title 27, is exempt from this section if
it can demonstrate that it is ,or is controlled by an entity that
either is required to be compliant with, or voluntarily is compliant with,
all of the following provisions of the Sarbanes-Oxley Act of 2002; (i) the
preapproval requirements of section 201 (section 10A(i) of the Securities
Exchange Act of 1934); (ii) the audit committee independence requirements of
section 301 (section 10A(m)(3) of the Securities Exchange Act of 1934); and
(iii) the internal control over financial reporting requirements of section
404 (Item 308 of SEC regulation S-K) -- ("SOX Compliant Entity").
If the department makes a determination, as a result of its statutory
examination or financial analysis, that the domestic insurer is not
controlled by a SOX Compliant entity or that the insurer's interests and
affairs are not adequately considered and evaluated by the SOX Compliant
Entity, the domestic insurer must take steps to comply with this act.
(g) A Rhode Island domestic insurer that is a wholly-owned subsidiary of
another Rhode Island domestic insurer that is compliant with the provisions
of subsection A, and if applicable the requirements of subsection B, shall be
exempt from compliance with any other requirements of this act.
(h) The requirements of this section, 27-1-2.1, shall not apply to entities
regulated pursuant to chapters 19, 20, 20.1, 20.2, 20.3 and 41 of title 27
and shall not supercede or replace any specific statutory corporate
governance standards otherwise applicable to domestic insurance companies. |
|
314) |
Section |
Amending Chapter Numbers: |
|
|
27-2.4-2 |
144, 198 and 475 |
|
|
|
27-2.4-2.
Definitions. -- The following definitions apply
to this chapter:
(1) "Insurance commissioner" means the director of the department
of business regulation or his or her designee;
(2) "Department" means the department of business regulation;
(3) "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 principal place of residence or principal place of business and is
licensed to act as an insurance producer;
(4) "Insurance" means any of the lines of authority set forth in
this title;
(5) "Insurance producer" means a person required to be licensed
under the laws of this state to sell, solicit or negotiate insurance;
(6) "Insurer" means: (i) 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 sections 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 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.
(7) "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;
(8) "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;
(9) "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;
(10) "Limited lines insurance" means those lines of insurance that
the insurance commissioner deems necessary to recognize for purposes of
complying with
(11) "Limited lines producer" means a person authorized by the
insurance commissioner to sell, solicit or negotiate limited lines insurance;
(12) "NAIC" means National Association of Insurance Commissioners;
(13) "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;
(14) "Person" means an individual;
(15) "Resident" means a person who either resides in
(16) "Sell" means to exchange a contract of insurance by any means,
for money or its equivalent, on behalf of an insurance company;
(17) "Solicit" means attempting to sell insurance or asking or
urging a person to apply for a particular kind of insurance from a particular
company;
(18) "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;
(19) "Uniform application" means the current version of the NAIC
uniform application for resident and nonresident insurance producer
licensing. (20)
“Business entity” means a corporation, association, partnership, limited
liability company, limited liability partnership, or other legal entity; (21) “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. |
|
315) |
Section |
Amending Chapter Numbers: |
|
|
27-2.4-4 |
144 and 198 |
|
|
|
27-2.4-4.
Fees. -- (a) Fees required by this chapter
shall be as follows:
(1) Initial insurance producer license: $55.00;
(2) Annual insurance producer renewal: $55.00; and
(3) Annual
(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 |
|
316) |
Section |
Amending Chapter Numbers: |
|
|
27-2.4-8 |
144 and 198 |
|
|
|
27-2.4-8.
Application for license. -- (a)
A person applying for a resident insurance producer license shall make
application to the insurance commissioner on the uniform application and
declare under penalty of refusal, suspension or revocation of the license
that the statements made in the application are true, correct and complete to
the best of the individual's knowledge and belief. Before approving the
application, the insurance commissioner shall find that the individual:
(1) Is at least eighteen (18) years of age;
(2) Has not committed any act that is a ground for denial, suspension or
revocation set forth in section 27-2.4-14;
(3) Has completed a prelicensing course of study for the lines of authority
for which the person has applied unless exempted in writing, for good
cause, from the requirement by the department;
(4) Has paid the fees set forth in section 27-2.4-4; and
(5) Has successfully passed the examinations for the lines of authority for
which the person has applied. (b)
A (1)
The business entity has paid the appropriate fees. (2)
The business entity has designated a licensed producer responsible for the
business entity’s compliance with the insurance laws and rules of this state.
(c)
(d) insurance
commissioner. |
|
317) |
Section |
Amending Chapter Numbers: |
|
|
27-3-38 |
144 and 198 |
|
|
|
27-3-38.
producer
in this state, authorizing the licensee to procure, subject to the
restrictions provided in this section, policies of insurance, except life and
health and accident, from insurers which are on the commissioner's list of
approved surplus insurers in this state. This license may be suspended or
revoked by the insurance commissioner whenever, in the commissioner's
judgment, a suspension or revocation will best promote the interest of the
people of this state. Before any license is issued by the insurance
commissioner and before each renewal of a license, there shall be filed in
his or her office a written application by the person (b)
A (1)
The business entity has paid the appropriate fees. (2)
The business entity has designated a licensed surplus line broker responsible
for the business entity’s compliance with the insurance laws and rules of
this state. (c)
(d) and
shall show the exact amount of each kind of insurance permitted under this
section which has been procured for each insured, the gross premiums charged
by the insurers for each kind of insurance permitted under this section which
were returned to each insured, the name of the insurer or insurers which
issued each of these policies, the effective dates of these policies, and the
terms for which these policies were issued. The licensee shall file a
yearly report with the insurance
commissioner on a form prescribed by the insurance commissioner showing the
business procured under the surplus line license for the preceding calendar
year, and the report shall be due annually on or before April 1.
(e)
(f)
NOTICE
THIS INSURANCE CONTRACT HAS BEEN PLACED WITH AN INSURER NOT LICENSED TO DO
BUSINESS IN THE STATE OF A SURPLUS LINES
INSURER. THE INSURER IS NOT A MEMBER OF THE |
|
318) |
Section |
Amending Chapter Numbers: |
|
|
27-4-6.1 |
240 and 310 |
|
|
|
27-4-6.1.
Right to examine and return policy. --
Every individual life insurance policy delivered or issued for delivery in
this state after July 1, 1978, and every individual annuity contract
delivered in this state after January 1, 1995, shall contain a provision, or
in a separate rider attached
when delivered, stating in substance that the person to whom the policy or
contract is issued shall be permitted to return the policy or contract within
a minimum of ten (10) days of its delivery to that person and to have a
refund of the premium paid, if after examination of the policy or contract
the purchaser is not satisfied with it for any reason. Every individual life
insurance policy and every individual annuity contract delivered in this
state after January 1, |
|
319) |
Section |
Amending Chapter Numbers: |
|
|
27-4-6.2 |
240 and 310 |
|
|
|
27-4-6.2.
Individual life insurance policy standard provisions. -- (a) All individual life insurance policies, except as
otherwise stated herein, delivered or issued for delivery in this state on or
after January 1,
(1) Grace period. - A provision that, after payment of the first premium, the
policyholder is entitled to a grace period of thirty-one (31) days or of one
month following any subsequent premium due date within which to make payment
of the premium then due, during which grace period the policy shall continue
in full force, and the policy shall further provide that if the death of the
insured occurs within the grace period provided in the policy, the insurer
may deduct from the policy proceeds the portion of any unpaid premium
applicable to the period ending with the last day of the policy month in
which such death occurred, and if the death of the insured occurs during a
period for which the premium has been paid, the insurer shall add to the
policy proceeds a refund of any premium actually paid for any period beyond
the end of the policy month in which such death occurred, provided such
premium was not waived under any policy provision for waiver of premiums
benefit. This subsection shall not apply to single premium or paid-up
policies.
(2) Incontestability. - A provision that the policy shall be incontestable
after being in force during the lifetime of the insured for a period of two
(2) years from its date of issue, and that, if the policy provides that the
death benefit provided by the policy may be increased, or other policy
provisions changed, upon the application of the policyholder and the
production of evidence of insurability, the policy with respect to each such
increase or change shall be incontestable
after two (2) years from the effective date of such increase or change,
except in each case for nonpayment of premiums. At the option of the insurer,
provisions relating to benefits for total and permanent disability and
additional benefits for accidental death may be excepted.
(b) Individual life insurance policies delivered or issued for delivery in
this state on or after January 1, |
|
320) |
Section |
Amending Chapter Numbers: |
|
|
27-5-3.7 |
475 and 475 |
|
|
|
27-5-3.7.
Hurricane deductibles, triggers and policyholder notice. -- (a) The provisions of this section shall be
applicable to policies issuing or renewing on or after July 1, 2008. (b)
In all instances where an insurance company licensed to do business in
this state offers or includes any deductible and/or mitigation measure
related to such deductible for any type of personal lines residential
property insurance on dwelling houses, the insurance company shall provide
prominent and clear notice to insureds, that shall be included in the policy
issuance or renewal package and shall fully disclose all details pertaining
to any such deductible and/or mitigation
measure. (c)
The insurer may apply a deductible specific to windstorm coverage
where: (i)
The deductible is specifically approved by the director and shall not exceed
five percent (5%) of the insured value. (ii)
The deductible shall be applicable to losses due to a hurricane during the
period commencing with the issuance of a hurricane warning bulletin for any
part of the state by the (iii)
The deductible, whether it is a flat dollar deductible or a percentage
deductible shall be presented by at least two (2) examples that illustrate
the application of the deductible to the insured. Nothing herein shall
prohibit the insurer from providing any additional information to the insured
to assist in the insured's understanding of the deductible to be
applied to the insured's policy. (iv)
The deductible set forth above shall not be applied to any insured, if the
insured has installed approved mitigation measures to protect against
windstorm damage and the insurer has either inspected the property or the
insured has submitted satisfactory proof of installation of the approved
mitigation measures. The insurance commissioner, in consultation with the
state building code commissioner, shall adopt and may amend or revise a list of
mitigation measures, based so far as reasonably feasible on national
standards for such measures and practices in other comparable states. The
list of mitigation measures adopted by the insurance commissioner shall be
considered approved mitigation measures for purposes of this subdivision.
(d)
Premium credits shall be applied to policies with deductibles as set
forth in subsection 27-5-3.7(c). (e)
An insurer may require mitigation measures to protect against windstorm
damage only after specific approval of the substance of such mitigation
measures by the director; (i)
Mitigation measures to be taken by an insured are clearly explained,
including a complete illustration of the dollar impact upon the premiums to
be charged to insureds if the requested mitigation activities are undertaken;
(ii)
No mandatory deductible for windstorm damage shall be included in the policy;
(iii)
An insurer shall write the requested coverage at the premium rate that
includes the premium credit to be realized with the completion of the
mitigation efforts; (iv)
The insurer shall affirmatively state the length of time during which
discount given for the mitigation efforts will apply; and (v)
No insurer shall subsequently non-renew an insured who has taken the
mitigation steps requested by the insurer for reasons of the insurers
exposure to catastrophe loss, unless for non-payment of premium, fraud,
breach by the insured of a provision of the policy, reversal or a lack of
maintenance of the mitigation steps, or insurer solvency concerns or adverse
loss history. (f)
Penalties for failure to comply with the provisions of this section
shall be administered by the director in accordance with the provisions of
section 42-14-16. (g)
The department of business regulation shall have authority to adopt
such rules, including emergency rules, as may be necessary or desirable to
effectuate the purposes of this section. |
|
321) |
Section |
Amending Chapter Numbers: |
|
|
27-10-3 |
144 and 198 |
|
|
|
27-10-3.
Issuance of license. – (a) The
insurance commissioner may, upon the payment of a fee established by the
commissioner, issue to any person a license to act as an insurance claims
adjuster once that person satisfies the reasonable requirements for the
issuance of the license, as established by the commissioner. (b)
A (1)
The business entity has paid the appropriate fees. (2)
The business entity has designated a licensed adjuster responsible for the business
entity’s compliance with the insurance laws and rules of this state. |
|
322) |
Section |
Amending Chapter Numbers: |
|
|
27-10.1-2 |
144 and 198 |
|
|
|
27-10.1-2.
"Motor vehicle physical damage appraiser" defined. – (a) "Motor vehicle physical damage appraiser"
means any person, partnership, association, or corporation that practices as
a business the appraising of damages to motor vehicles insured under
automobile physical
damage policies on or on behalf of third party claimants. (b)
A (1)
The business entity has paid the appropriate fees. (2)
The business entity has designated a licensed motor vehicle physical damage
appraiser responsible for the business entity’s compliance with the insurance
laws and rules of this state. |
|
323) |
Section |
Adding Chapter Numbers: |
|
|
27-12.3 |
28 and 31 |
|
|
|
CHAPTER
12.3 PROPERTY AND CASUALTY ACTUARIAL OPINION LAW |
|
324) |
Section |
Adding Chapter Numbers: |
|
|
27-12.3-1 |
28 and 31 |
|
|
|
27-12.3-1.
Title. -- This act
shall be known as the "Property and Casualty Actuarial Opinion
Law." |
|
325) |
Section |
Adding Chapter Numbers: |
|
|
27-12.3-2 |
28 and 31 |
|
|
|
27-12.3-2.
Actuarial opinion of reserves and supporting documentation. – (a) Statement of
actuarial opinion. Every property and casualty insurance company doing
business in this state, unless otherwise exempted by the domiciliary
commissioner, shall annually submit the opinion of an appointed actuary
entitled "Statement of Actuarial Opinion." This opinion shall be
filed in accordance with the appropriate national association of insurance
commissioners property and casualty annual statement instructions. (b)
Actuarial opinion summary. (1) Every property and casualty insurance company
domiciled in this state that is required to submit a statement of actuarial
opinion shall annually submit an actuarial opinion summary, written by the
company's appointed actuary. This actuarial opinion
summary shall be filed in accordance with the appropriate national
association of insurance commissioner's property and casualty annual
statement instructions and shall be considered as a document supporting the
actuarial opinion required in subsection (a). (2) A company licensed but not
domiciled in this state shall provide the actuarial opinion summary upon
request. (c)
Actuarial report and work papers. (1) An actuarial report and underlying work
papers as required by the appropriate national association of insurance
commissioners property and casualty annual statement instructions shall be
prepared to support each actuarial opinion. (2) If the insurance company
fails to provide a supporting actuarial report and/or work papers at the
request of the commissioner or the commissioner determines that the
supporting actuarial report or
work papers provided by the insurance company is otherwise unacceptable to
the commissioner, the commissioner may engage a qualified actuary at the
expense of the company to review the opinion and the basis for the opinion
and prepare the supporting actuarial report or work papers. (d)
The appointed actuary shall not be liable for damages to any person (other
than the insurance company and the commissioner) for any act, error,
omission, decision or conduct with respect to the actuary's opinion, except
in cases of fraud or willful misconduct on the part of the appointed actuary.
|
|
326) |
Section |
Adding Chapter Numbers: |
|
|
27-12.3-3 |
28 and 31 |
|
|
|
27-12.3-3.
Confidentiality. -- (a) The statement of actuarial
opinion shall be provided with the annual statement in accordance with the
appropriate national association of insurance commissioners property and
casualty annual statement instructions and shall be treated as a public
document. (b)(1)
Documents, materials or other information in the possession or control of the
department of insurance that are considered an actuarial report, work papers
or actuarial opinion summary provided in support of the opinion, and any
other material provided by the company to the commissioner in connection with
the actuarial report, work papers or actuarial opinion summary, shall be
confidential by law and privileged, shall not be subject to the access to
public records act Rhode Island general laws section 38-2-1 et seq., shall
not be subject to subpoena, and shall not be subject to discovery or
admissible in evidence in any private civil action. (2)
This provision shall not be construed to limit the commissioner's authority
to release the documents to the actuarial board for counseling and discipline
(ABCD) so long as the material is required for the purpose of professional
disciplinary proceedings and that the ABCD establishes procedures
satisfactory to the commissioner for preserving the confidentiality of the
documents, nor shall this section be construed to limit the commissioner's
authority to use the documents, materials or other information in furtherance
of any regulatory or legal action brought as part of the commissioner's
official duties. (c)
Neither the commissioner nor any person who received documents, materials or
other information while acting under the authority of the commissioner shall
be permitted or required to testify in any private civil action concerning
any confidential documents, materials or information subject to subsection
(b). (d)
In order to assist in the performance of the commissioner's duties, the
commissioner: (1)
May share documents, materials or other information, including the
confidential and privileged documents, materials or information subject to
subsection (b) with other state, federal and international regulatory
agencies, with the national association of insurance commissioners and its
affiliates and 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 and has the legal authority to maintain confidentiality: (e)
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 subsection (d). |
|
327) |
Section |
Adding Chapter Numbers: |
|
|
27-18-70 |
68 and 70 |
|
|
|
27-18- (b)
Benefit plans offered by an insurer may impose a copayment and/or deductibles
for the benefits mandated by this section, however, in no instance shall the
copayment or deductible amount be greater than the copayment or deductible
amount imposed for prescription enteral formulas or nutritional aids.
Benefits for services under this chapter shall be reimbursed in accordance
with the respective principles and mechanisms of reimbursement for each
insurer, hospital, or medical service corporation, or health maintenance
organization. Reimbursement shall be provided according to the respective
principles and policies of the accident and sickness insurer. Nothing
contained in this section precludes the accident and sickness insurer from
conducting managed care, medical necessity, or utilization review. (c)
This section 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. |
|
328) |
Section |
Adding Chapter Numbers: |
|
|
27-19-60 |
68 and 70 |
|
|
|
27-19-60.
Licensed ambulance service. – (a)
No individual or group health insurance contract, plan or policy delivered,
issued for delivery, or renewed in this state on or after January 1, 2009
shall provide for a co-payment for ground ambulance services in excess of
fifty dollars ($50.00). (b)
As used in this section, the term "ground ambulance services" shall
mean those services provided by an ambulance service licensed to operate in (c)
This section 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. |
|
329) |
Section |
Adding Chapter Numbers: |
|
|
27-20-55 |
68 and 70 |
|
|
|
27-20-55.
Licensed ambulance service. – (a)
No individual or group health insurance contract, plan or policy delivered,
issued for delivery, or renewed in this state on or after January 1, 2009
shall provide for a co-payment for ground ambulance services in excess of
fifty dollars ($50.00). (b)
As used in this section, the term "ground ambulance services" shall
mean those services provided by an ambulance service licensed to operate in (c)
This section 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. |
|
330) |
Section |
Amending Chapter Numbers: |
|
|
27-34.2-2 |
18 and 22 |
|
|
|
27-34.2-2.
Scope. -- Long term care
insurance is deemed to be accident and health insurance and is classified as
such for the purposes of chapter 34.1 of this title, the Rhode Island Life
and Health Insurance Guaranty Association Act. The requirements of this
chapter apply to policies delivered or issued for delivery in this state,
except as provided in section 27-34.2-5. This chapter is not intended to
supersede the obligations of entities subject to this chapter to comply with
the substance of other applicable insurance laws insofar as they do not
conflict with this chapter. |
|
331) |
Section |
Adding Chapter Numbers: |
|
|
27-41-73 |
68 and 70 |
|
|
|
27-41-73.
Licensed ambulance service. – (a)
No individual or group health insurance contract, plan or policy delivered,
issued for delivery, or renewed in this state on or after January 1, 2009
shall provide for a co-payment for ground ambulance services in excess of
fifty dollars ($50.00). (b)
As used in this section, the term "ground ambulance services" shall
mean those services provided by an ambulance service licensed to operate in (c)
This section 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. |
|
332) |
Section |
Amending Chapter Numbers: |
|
|
27-50-5 |
95, 290 and 475 |
|
|
|
27-50-5.
Restrictions relating to premium rates. --
(a) Premium rates for health benefit plans subject to this chapter are
subject to the following provisions:
(1) Subject to subdivision (2) of this subsection, a small employer carrier
shall develop its rates based on an adjusted community rate and may only vary
the adjusted community rate for:
(i) Age;
(ii) Gender; and
(iii) Family composition
(2) with
age sixty-five (65).
(3)
(4)
(5)
(b) The premium charged for a health benefit plan may not be adjusted more
frequently than annually except that the rates may be changed to reflect:
(1) Changes to the enrollment of the small employer;
(2) Changes to the family composition of the employee; or
(3) Changes to the health benefit plan requested by the small employer.
(c) Premium rates for health benefit plans shall comply with the requirements
of this section.
(d) Small employer carriers shall apply rating factors consistently with
respect to all small employers. Rating factors shall produce premiums for
identical groups that differ only by the amounts attributable to plan design
and do not reflect differences due to the nature of the groups assumed to
select particular health benefit plans. Nothing in this section shall be
construed to prevent a group health plan and a health insurance carrier
offering health insurance coverage from
establishing premium discounts or rebates or modifying otherwise applicable
copayments or deductibles in return for adherence to programs of health
promotion and disease prevention, including those included in affordable
health benefit plans, provided that the resulting rates comply with the other
requirements of this section, including subdivision (a)(5) of this section.
The calculation of premium discounts, rebates, or modifications to otherwise
applicable copayments or deductibles for affordable health benefit plans
shall be made in a manner consistent with accepted actuarial standards and
based on actual or reasonably anticipated small employer claims experience.
As used in the preceding sentence, "accepted actuarial standards"
includes actuarially appropriate use of relevant data from outside the claims
experience of small employers covered by affordable health plans, including,
but not limited to, experience derived from the large group market, as this
term is defined in section 27-18.6-2(20).
(e) For the purposes of this section, a health benefit plan that contains a
restricted network provision shall not be considered similar coverage to a
health benefit plan that does not contain such a provision, provided that the
restriction of benefits to network providers results in substantial
differences in claim costs.
(f) The
(g) In connection with the offering for sale of any health benefit plan to a
small employer, a small employer carrier shall make a reasonable disclosure,
as part of its solicitation and sales materials, of all of the following:
(1) The provisions of the health benefit plan concerning the small employer
carrier's right to change premium rates and the factors, other than claim
experience, that affect changes in premium rates;
(2) The provisions relating to renewability of policies and contracts;
(3) The provisions relating to any preexisting condition provision; and
(4) A listing of and descriptive information, including benefits and
premiums, about all benefit plans for which the small employer is qualified.
(h) (1) Each small employer carrier shall maintain at its principal place of business
a complete and detailed description of its rating practices and renewal
underwriting practices, including information and documentation that
demonstrate that its rating methods and practices are based upon commonly
accepted actuarial assumptions and are in accordance with sound actuarial
principles.
(2) Each small employer carrier shall file with the chapter
and that the rating methods of the small employer carrier are actuarially
sound. The certification shall be in a form and manner, and shall contain the
information, specified by the
(3) A small employer carrier shall make the information and documentation
described in subdivision (1) of this subsection available to the competent
jurisdiction.
(4) For the wellness health benefit plan described in section 27-50-10, the
rates proposed to be charged and the plan design to be offered by any carrier
shall be filed by the carrier at the office of the (i) The requirements of this section apply to all health benefit plans issued or renewed on or after September 1, 2000. |
|
333) |
Section |
Amending Chapter Numbers |
|
|
27-67-2 |
99 and 160 |
|
|
|
27-67-2.
Findings. -- The general assembly finds and
declares that:
(1) Rhode Island has a proud history of health insurance companies including
health insurance corporations, health maintenance organizations, nonprofit
hospital service corporations, and nonprofit medical service corporations
doing business in this state;
(2) Nationally and regionally, insurance corporations, health maintenance
organizations, hospital service corporations and medical service
corporations, are being consolidated or are departing from some state
insurance markets.
(3) One reason cited for the departure of health insurers from the state of
(4) A regional approach to health insurance that joins |
|
334) |
Section |
Amending Chapter Numbers: |
|
|
27-67-3 |
99 and 160 |
|
|
|
27-67-3.
Definitions. -- (1) "Department" means
the department of business regulation;
(2) "Director" means the director of the department of business
regulation;
(3) insurance corporation, health maintenance organization, nonprofit
hospital service corporation or nonprofit medical service corporation as
defined in chapters 1, 18, 19 and 20 of this title. |
|
335) |
Section |
Amending Chapter Numbers: |
|
|
27-67-4 |
99 and 160 |
|
|
|
27-67-4.
Establishment of a regional health insurance market. – (a)
|
|
336) |
Section |
Adding Chapter Numbers: |
|
|
27-71 |
72 and 233 |
|
|
|
CHAPTER 71 MARKET CONDUCT SURVEILLANCE ACT |
|
337) |
Section |
Adding Chapter Numbers: |
|
|
27-71-1 |
72 and 233 |
|
|
|
27-71-1. Short
title. – This chapter
shall be known and may be cited as the “Market Conduct Surveillance Act”. |
|
338) |
Section |
Adding Chapter Numbers: |
|
|
27-71-2 |
72 and 233 |
|
|
|
27-71-2.
Purpose – legislative intent. – (a)
The purpose of this chapter is to establish a framework for insurance market
conduct actions, including: (1)
Processes and systems for identifying, assessing and prioritizing market
conduct problems that have an adverse impact on consumers, policyholders and
claimants; (2)
Market conduct actions by a commissioner to substantiate such market conduct
problems and a means to remedy market conduct problems; and (3)
Procedures to communicate and coordinate market conduct actions among states
to foster the most efficient and effective use of resources. (b)
This chapter does not apply to entities regulated by the office of health
insurance commissioner under chapter 42-14.5 (“The |
|
339) |
Section |
Adding Chapter Numbers: |
|
|
27-71-3 |
72 and 233 |
|
|
|
27-71-3.
Definitions. – (a) “Commissioner” means the
“director of the department of business regulation” or his or her designee. (b)
“Complaint” means a written or documented oral communication to the
commissioner primarily expressing a grievance, meaning an expression of
dissatisfaction. For healthcare companies, a grievance is a written complaint
submitted by or on behalf of a covered person. (c)
“Comprehensive market conduct examination” means a review of one or more
lines of business of an insurer domiciled in this state that is not conducted
for cause. The term includes a review of rating, tier classification,
underwriting, policyholder service, claims, marketing and sales, producer
licensing, complaint handling practices, or compliance procedures and
policies. (d)
“Market conduct action” means any of the full range of activities that the
commissioner may initiate to assess the market and practices of individual
insurers, beginning with market analysis and extending to targeted
examinations. The commissioner’s activities to resolve
an individual consumer complaint or other reports of a specific instance of
misconduct are not market conduct actions for purposes of this chapter. (e)
“Market analysis” means a process whereby market conduct surveillance
personnel collect and analyze information from filed schedules, surveys,
required reports and other sources in order to develop a baseline and to
identify patterns or practices of insurers licensed to do business in this
state that deviate significantly from the norm or that may pose a potential
risk to the insurance consumer. (f)
“Market conduct examination” means the examination of the insurance
operations of an insurer licensed to do business in this state in order to
evaluate compliance with the applicable laws and regulations of this state. A
market conduct examination may be either a comprehensive examination or a
targeted examination. A market conduct examination is separate and distinct
from a financial examination of an insurer performed pursuant to the Rhode
Island general laws, but may be conducted at the same time. (g)
“Market conduct surveillance personnel” means those individuals employed or
contracted by the commissioner to collect, analyze, review or act on
information on the insurance marketplace, which identifies patterns or
practices of insurers. (h)
“National Association of Insurance Commissioners” (NAIC) means the
organization of insurance regulators from the fifty (50) states, the (i)
“NAIC” market regulation handbook” means a handbook, developed and adopted by
the NAIC, or successor product, which: (A)
outlines elements and objectives of market analysis and the process by which
states can establish and implement market analysis programs; and (B)
sets up guidelines that document established practices to be used by market
conduct surveillance personnel in developing and executing an examination. (j)
“NAIC market conduct uniform examination procedures” means the set of
guidelines developed and adopted by the NAIC designed to be used by market
conduct surveillance personnel in conducting an examination. (k)
“NAIC” standard data request” means the set of field names and descriptions
developed and adopted by the NAIC for use by market conduct surveillance
personnel in an examination. (l)
“Qualified contract examiner” means a person under contract to the
commissioner, who is qualified by education, experience and, where
applicable, professional designations, to perform market conduct actions. (m)
“Targeted examination” means a focused exam conducted for cause, based on the
results of market analysis indicating the need to review either a specific
line of business or specific business practices, including but not limited
to, underwriting and rating, marketing and sales,
complaint handling operations/management, advertising materials, licensing,
policyholder services, non-forfeitures, claims handling, or policy forms and
filings. A targeted examination may be conducted by desk examination of by an
on-site examination: (1)
“Desk examination” means a targeted examination that is conducted by an
examiner at a location other than the insurer’s premises. A desk examination
is usually performed at the department of business regulation’s offices with
the insurer providing requested documents by hard copy, microfiche, discs, or
other electronic media, for review; and (2)
“On-site examination” means a targeted examination conducted at the insurer’s
home office or the location where the records under review are stored. (n) “Third-party model or product” means a model or product provided by an entity separate from and not under directed or indirect corporate control of the insurer using the model or product. |
|
340) |
Section |
Adding Chapter Numbers: |
|
|
27-71-4 |
72 and 233 |
|
|
|
27-71-4.
Domestic responsibility and deference to other states. – (a) The commissioner is authorized to conduct market
conduct examinations as deemed necessary by the commissioner for Rhode Island
policyholder protection, which shall be accomplished by comprehensive
or targeted examinations of domestic insurers and targeted examinations of
foreign insurers, based on the results of market analysis. The commissioner
may delegate responsibility for conducting an examination of a domestic
insurer, foreign insurer, or an affiliate of an insurer to the insurance
commissioner of another state if that insurance commissioner agrees to accept
the delegated responsibility for the examination. (b)
The commissioner may delegate such responsibility to a commissioner of a
state in which the domestic insurer, foreign insurer, or affiliate has a
significant number of policies or significant premium volume. (c)
If the commissioner elected to delegate responsibility for examining an
insurer, the commissioner shall accept a report of the examination prepared
by the commissioner to whom the responsibility has been delegated. (d)
In lieu of conducting a market conduct examination of an insurer, the
commissioner shall accept a report of a market conduct examination on such
insurer prepared by the insurance commissioner of the insurer’s state of
domicile or another state, unless: (1)
The laws of that state applicable to the subject of the examination are not
deemed by the commissioner to be substantially similar to those of this
state; (2)
The examining state does not have market conduct surveillance system that the
commissioner deems comparable to the market conducted surveillance system
required under this chapter; or (3)
The examination from the other state’s commissioner has not be conducted
within the past three (3) years. (e)
If the insurance commissioner or the designee to whom the examination
responsibility was delegated pursuant to paragraph (a) of this section or the
report of a market conduct examination prepared by the insurance commissioner
of another state pursuant to paragraph (d) of this section, did not evaluate
the specific area or issue of concern to the commissioner or a specific
requirement of Rhode Island law, the commissioner may pursue a targeted
examination or market analysis of the unexamined area pursuant to this
statute. (f)
The commissioner’s determination under subsection (d) is discretionary with
the commissioner and is not subject to appeal. (g)
Subject to a determination under subsection (d), if a market conduct
examination conducted by another state results in a finding that an insurer
should modify a specific practice or procedure, the commissioner shall accept
documentation that the insurer has made a similar modification in the state,
in lieu of initiating a market conduct action or examination related to that
practice or procedure. The commissioner may require other or additional
practice or procedure modifications as are necessary to achieve compliance
with specific state laws or regulations, which differ substantially from
those of the state that conducted the examination. |
|
341) |
Section |
Adding Chapter Numbers: |
|
|
27-71-5 |
72 and 233 |
|
|
|
27-71-5.
Market analysis procedures. – (a)(1)
The commissioner shall gather information as deemed necessary from data
currently available, as well as surveys and required reporting requirements,
information collected by the NAIC and a variety of other objective sources
in both the public and private sectors including law enforcement inquires. (2)
Such information, when collected, shall be analyzed in order to develop a
baseline understanding of the marketplace and to identify for further review
insurers and/or practices that deviate significantly from the norm or that
may pose a potential risk to the insurance consumer. The commissioner shall
use the NAIC Market Regulation Handbook as one resource in performing this
analysis (or procedures, adopted by regulation, that are substantially
similar to the foregoing NAIC product). (3)
The commissioner shall perform the analysis described under this section by: (i)
Identifying key lines of business for systematic review; (ii)
Identifying companies for further analysis based on available information. (b)
If the analysis compels the commissioner to inquire further into a particular
insurer or practice, the following continuum of market conduct actions may be
considered prior to conducting a targeted, on-site market conduct
examination. The action selected shall be made known
to the insurer in writing if the action involves insurer participation or
response. These actions may include, but are not limited to: (1)
Correspondence with insurer; (2)
Insurer interviews; (3)
Information gathering; (4)
Policy and procedure reviews; (5)
Interrogatories; (6)
Review of insurer self-evaluation (if not subject to a privilege of
confidentiality) and compliance programs, including membership in a
best-practice organization; and (7)
Desk examinations. (c)
The commissioner shall select a market conduct action that is efficient for
the department of business regulation and the insurer, while still protecting
the insurance consumer. (d)
The commissioner shall take those steps reasonably necessary to eliminate
requests for information that duplicate information provided as part of an
insurer’s annual financial statement, the annual market conduct statement of
the National Association of Insurance Commissioners,
or other required schedules, surveys, or reports that are regularly submitted
to the commissioner, or with data requests made by other states if that
information is available to the commissioner, unless the information is state
specific, and coordinate market conduct actions and findings with other
states. (e)
Causes or conditions, if identified through market analysis, that may trigger
a target examination, included but are not limited to: (1)
Information obtained from a market conduct annual statement, market survey or
report of financial examination indicating potential fraud, that the insurer
is conducting the business of insurance without a license or is engaged in a
potential pattern of violation of the general laws or law enforcement
inquiry. (2)
A number of complaints against the insurer or a complaint ratio sufficient to
indicate potential fraud, conducting the business of insurance without a
license, or a potential pattern of unfair trade practice in violation of the
general laws. For the purposes of this section, a complaint ratio shall be
determined for each line of business. (3)
Information obtained from other objective sources, such as published
advertising materials indicating potential fraud, conducting the business of
insurance without a license, or evidencing a potential pattern of unfair
trade practice in violation of the general laws. (4)
Patterns of violations of the general laws and administrative regulations
promulgated thereunder that cause consumer harm. |
|
342) |
Section |
Adding Chapter Numbers: |
|
|
27-71-6 |
72 and 233 |
|
|
|
27-71-6. Protocols for market conduct actions.-(a)Market conduct Actions taken
as a result of a market analysis shall focus on the general business
practices and compliance activities of insurers, rather than identifying
infrequent or unintentional random errors that do not cause consumer harm. (b)(1)The commissioner is authorized to
determine the frequency and timing of such market conduct actions. The timing shall depend upon the specific
market conducted action to be initiated, unless extraordinary circumstances
indicating a risk to consumers require immediate action. (2) If the commissioner has information
that more than one insurer is engaged in common practices that may violate
statue or regulations, he or she may schedule and coordinate multiple
examinations simultaneously. (c) The insurer shall be given an
opportunity to resolve such matters that arise as a result of market analysis
to the satisfaction of the commissioner before any additional market conduct
actions are taken against the insurer.
If the insurer has modified such practice or procedure as a result of
a market conduct action taken by the commissioner of another state, the
commissioner shall accept appropriate documentation that the insurer has
satisfactorily modified the practice or procedure and made similar
modification to such practice or procedure in this state. The commissioner may require other or
additional practice or procedure modifications as are necessary to achieve compliance
with specific state laws or regulations, which differ substantially from
those of the state conducted examination. |
|
343) |
Section |
Adding Chapter Numbers: |
|
|
27-71-7 |
72 and 233 |
|
|
|
27-71-7.
Protocols for targeted market conduct examinations. – (a) When the commissioner identifies through market
analysis a pattern of conduct or practice by an insurer which requires
further investigation, and less intrusive market conduct actions identified
in subsection
27-71-5(b) are not appropriate, the commissioner has the discretion to
conduct targeted, market conduct examinations in accordance with the NAIC
Market Conduct Uniform Examination Procedures and the Market Regulation
Handbook (or procedures, adopted by regulation, that are substantially similar
to the foregoing NAIC products). (b)
If the insurer to be examined is not a domestic insurer, the commissioner may
communicate with and may coordinate the examination with the insurance
commissioner of the state in which the insurer is organized. (c)
Concomitant with the notification requirements established in subsection (e)
of this section, the commissioner shall post notification on the NAIC
Examination Tracking System, or comparable NAIC product as determined by the
commissioner, that a market conduct examination
has been scheduled. (d)
The commissioner may not conduct a comprehensive market conduct examination
more frequently than once every three (3) years. The commissioner may decide
not to conduct a comprehensive market conduct examination based on market
analysis. (e)(1)
Prior to commencement of a targeted on-site market conducted examination,
market conduct surveillance personnel shall prepare a work plan and proposed
budget. Such proposed budget, which shall be reasonable for the scope of the
examination, and work plan shall be provided to the company under
examination. (2)
Market conduct examinations shall, to the extent feasible, utilize desk
examinations and data requests prior to a targeted on-site examination. (3)
Market conduct examinations shall be conducted in accordance with the
provisions set forth the in the NAIC Market Regulation Handbook and the NAIC
Market Conduct Uniform Examinations Procedures (or procedures, adopted by
regulation, that are substantially similar to the foregoing NAIC products). (4)
Prior to the conclusion of a market conduct examination, the individual among
the market conduct surveillance personnel who is designated as the
examiner-in-charge shall schedule an exit conference with the insurer. (f)
Announcement of the examination shall be sent to the insurer and posted on
the NAIC’s Examination Tracking System (or comparable NAIC product, as
determined by the commissioner) as soon as possible but in no case later than
sixty (60) days before the estimated commencement of the examination, unless
extraordinary circumstances indicating a risk to consumers requires immediate
action. Such announcement to the insurer shall contain: (1)
The name and address of the insurer(s) being examined; (2)
The name and contact information of the examiner-in-charge; (3)
The reason(s) for and the scope of the targeted examination; (4)
The date the examination is scheduled to begin; (5)
Identification of any non-insurance department personnel who will assist in
the examination, if known at the time the notice is prepared; (6)
A time estimate for the examination; (7)
A budget and work plan for the examination and identification of reasonable
and necessary costs and fees that will be included in the bill, if the cost
of the examination is billed to the company; and (8)
A request for the insurer to name its examination coordinator. (g)
If a targeted examination is expanded beyond the reasons provided to the
insurer in the notice of the examination required under this section, the
commissioner shall provide written notice to the insurer, explaining the
extent of the expansion and the reasons for the expansion. The department
shall provide a revised work plan to the insurer before the beginning of any
significantly expanded examination, unless extraordinary circumstances
indicating a risk to consumers require immediate action. (h)
The commissioner shall conduct a pre-examination conference with the insurer
examination coordinator and key personnel to clarify expectations thirty (30)
days prior to commencement of the examination. (i)
The department shall use the NAIC Standard Data Request (or comparable
product, adopted by regulation, that is substantially similar to the
foregoing NAIC product). (1)
A company responding to a commissioner’s request to produce information shall
produce it as it is kept in the usual course of business or shall organize
and label it to correspond with the categories in the demand. (2)_If
a commissioner’s request does not specify the form or forms for producing
electronically stored information, a company responding to the request must
produce the information in a form or forms in which the company ordinarily
maintains it or in a form or forms that are reasonably usable. (3)
A company responding to an information request need not produce the same
electronically stored information in more than one form. (j)(1)
The commissioner shall adhere to the following timeline, unless a mutual
agreement is reached with the insurer to modify the timeline: (a)
The commissioner shall deliver the draft report to the insurer within sixty
(60) days of the completion of the examination. Completion of the examination
shall be defined as the date the commissioner confirms in writing that the
examination is completed. (b)
The insurer must respond with written comments within thirty (30) days of
receipt of the draft report. (c)
The department shall make a good faith effort to resolve issues and prepare a
final report within thirty (30) days of receipt of the insurer’s written
comments, unless a mutual agreement is reached to extend the deadline. The
commissioner may make corrections and other changes, as appropriate. (d)
The insurer shall, within thirty (30) days, of receipt of the final report,
file a written response to all comments and recommendations contained in the
report. The response shall include a written plan of how and when the
comments and recommendations contained in the examination
report will be corrected and/or implemented. For each comment and
recommendation, the response must include an implementation date and a
completion date for each corrective action. In lieu of these requirements,
the company may submit a rebuttal to any comment or recommendation contained
in the examination report. An additional thirty (30) days shall be allowed if
agreed to by the commissioner and the insurer. (2)
The final written and electronic publicly available market conduct report
shall include the insurer’s written response and any agreed-to corrections or
changes. The response may be included either as an appendix or in text of the
examination reports. References to specific individuals by name shall be
limited to an acknowledgement of their involvement in the conduct of the
examination. (k)(1)
Upon adoption of the examination report pursuant to subsections 27-13.1-5 (c)
through (f), the commissioner shall continue to hold the content of the
examination report as private and confidential for a period of thirty (30)
days, except to the extent provided in the paragraph (k)(2) of this
subsection herein. During this time, the report shall not be subject to
subpoena and shall not be subject to discovery or admissible in evidence in
any private action. Thereafter,
the commissioner shall open the report for public inspection, provided no
court of competent jurisdiction has stayed its publication. This section may
not be construed to limit the commissioner’s
authority to use any final or preliminary market conduct examination report,
and examiner or company work papers or other documents, or any other
information discovered or developed during the course of an examination in
the furtherance of any legal or regulatory action that the commissioner, in
the commissioner’s sole discretion may deem appropriate. (2)
Nothing contained in this chapter shall prevent or be construed as preventing
the commissioner from disclosing the content of an examination report,
preliminary examination report or results, or any matter relating thereto, to
the insurance department of this or any other state or agency of the federal
government at any time, provided the agency or office receiving the report or
matters relating thereto agrees to hold it confidential and in a manner
consistent with this chapter. (l)
The insurer may appeal the order adopting the examination report in
accordance with the procedures set forth in subsection 27-13.1-5(d) and the
administrative procedures act, title 42, chapter 35. |
|
344) |
Section |
Adding Chapter Numbers: |
|
|
27-71-8 |
72 and 233 |
|
|
|
27-71-8.
Confidentiality requirements. – (a)
Except as otherwise provided by law, market conduct surveillance personnel
shall have free and full access to all books and records, employees, officers
and directors, as practicable, of the insurer during regular business hours.
An insurer utilizing a third-party model or product for any of the activities
under examination shall cause, upon the request of market conduct surveillance
personnel, the details of such models or products to be made available to
such personnel. All documents, whether from a third-party or an insurer,
including, but not limited to, working papers, third-party models or
products, complaint logs, and copies thereof, created, produced or obtained
by or disclosed to the commissioner or any other person in the course of any
market conduct actions made pursuant to this chapter, or in the course of
market analysis by the commissioner of the market conditions of an insurer,
or obtained by the NAIC as a result of any of the provisions of this chapter,
shall be confidential by law and privileged, shall not be subject to subpoena
and shall not be subject to discovery or admissible in evidence in any
private civil action. The commissioner will work with an insurer to assure
that the insurer’s privacy and information security procedures are not
compromised as a result of or in connection with an examination. (b)
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. (c)
Market conduct surveillance personnel shall be vested with the power to issue
subpoenas and examine insurance company personnel under oath when such action
is ordered by the commissioner. (d)
Notwithstanding the provisions of paragraph (a) of this subsection, in order
to assist in the performance of the commissioner’s
duties, the commissioner may: (1)
share documents, materials, or other information, including the confidential
and privileged documents, materials or information subject to paragraph (a),
with other state, federal and international regulatory agencies and law
enforcement authorities and the NAIC and its affiliates and subsidiaries,
provided that the recipient agrees to and has the legal authority to maintain
the confidentiality and privileged status of the document, material,
communication or other information; (2)
receive documents, materials, communications, or information, including
otherwise confidential and privileged documents, materials, or information,
from the NAIC and 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 documents, materials 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; (3)
enter into agreements governing the sharing and use of information consistent
with this subsection; and (4)
notwithstanding the provisions of this section, no insurer shall be compelled
to waive any statutory or common law privilege, but may voluntarily disclose
such document to the commissioner in response to any market analysis, market
conduct action or examination as provided in this chapter. |
|
345) |
Section |
Adding Chapter Numbers: |
|
|
27-71-9 |
72 and 233 |
|
|
|
27-71-9.
Market conduct surveillance personnel. –
(a) Market conduct surveillance personnel shall be qualified by education,
experience and, where applicable, professional designations. The commissioner
may supplement the in-house market conduct surveillance staff with qualified
outside professional assistance if he or she determines that such assistance
is necessary. (b)
market conduct surveillance personnel have a conflict of interest, either
directly or indirectly, if they are affiliated with the management, have been
employed by , or own a pecuniary interest in the insurer subject to any
examination under this chapter within the most recent five (5) years prior to
the use of the personnel. This section shall not be construed to
automatically preclude an individual from being: (1)
A policyholder or claimant under an insurance policy; (2)
A grantee of a mortgage or similar instrument on the individual’s residence
from a regulated entity if done under customary terms and in the ordinary
course of business; (3)
An investment owner in shares of regulated diversified investment companies;
or (4)
A settlor or beneficiary of a “blind trust” into which any otherwise
permissible holdings have been placed. |
|
346) |
Section |
Adding Chapter Numbers: |
|
|
27-71-10 |
72 and 233 |
|
|
|
27-71-10.
Immunity for market conduct surveillance personnel. – (a) No cause of action shall arise nor shall any
liability be imposed against the commissioner, the commissioner’s authorized
representatives or an examiner appointed by the commissioner for any
statements made or conduct performed in good faith while carrying out the
provisions of this chapter. (b)
No cause of action shall arise, nor shall any liability be imposed against
any person for the act of communicating or delivering information or data to
the commissioner or the commissioner’s authorized representative or examiner
pursuant to an examination made under this chapter, if the act of
communication or delivery was performed in good faith and without fraudulent
intent or the intent to deceive. (c)
A person identified in subsection(a) shall be entitled to an award of
attorneys’ fees and costs if he or she is the prevailing party in a civil
cause of action for libel, slander or any other relevant tort arising out of
activities in carrying out the provisions of this chapter and the party
bringing the action was not substantially justified in doing so. For purposes
of this section a proceeding is “substantially justified” if it had a
reasonable basis in law or fact at the time that it was initiated. (d)
This section does not abrogate or modify in any way any common law or
statutory privilege or immunity heretofore enjoyed by any person identified
in subsection (a). |
|
347) |
Section |
Adding Chapter Numbers: |
|
|
27-71-11 |
72 and 233 |
|
|
|
27-71-11.
Fines and penalties.– (a) Fines
and penalties levied pursuant to this chapter or other provisions of the
general laws shall be consistent, reasonable and justified. (b) The commissioner shall take into consideration actions taken by insurers that maintain membership in best-practice organizations that exist to promote high ethical standards of conduct in the marketplace, and insurers that self-assess, self-report and remediate problems detected to mitigate fines levied pursuant to this chapter. |
|
348) |
Section |
Adding Chapter Numbers: |
|
|
27-71-12 |
72 and 233 |
|
|
|
27-71-12.
Data collection and participation in national market conduct databases. – The commissioner shall collect and report market data
to the NAIC’s market information systems, including the complaint database
system, the examination tracking system, and the regulatory
information retrieval system, or other comparable successor NAIC products as
determined by the commissioner. In addition to complaint data, the accuracy
of insurer-specific information reported to the NAIC to be used for market
analysis purposes or as the basis for market conduct actions shall be
reviewed be appropriate personnel in the department of business regulation
and by the insurer. (a)
Information collected and maintained by the department of business regulation
shall be compiled in a manner that meets the requirements of the NAIC. (b)
After completion of any level of market analysis, prior to further market
conduct action, the state shall contact the insurer to review the analysis. (c)(1)
A company responding to a commissioner’s request to produce information shall
produce it as it is kept in the usual course of business or shall organize
and label it to correspond with the categories in the demand. (2)
If a commissioner’s request does not specify the form or forms for producing
electronically stored information, a company responding to the request must
produce the information in a form or forms in which the company ordinarily
maintains it or in a form or forms that are reasonably usable. (3)
A company responding to an information request need not produce the same
electronically stored information in more than one form. (d) Whether through market analysis, market conduct action, or in response to another regulatory request, any information provided in response to a data call from the commissioner shall be treated as confidential and privileged. It shall not be subject to subpoena and shall not be subject to discovery or admissible in evidence in any private civil action. No waiver of privilege or confidentiality shall occur as a result of responding to such data call. |
|
349) |
Section |
Adding Chapter Numbers: |
|
|
27-71-13 |
72 and 233 |
|
|
|
27-71-13.
Coordination with other states through the NAIC. – The commissioner shall share
information and coordinate the department of business regulation’s market
analysis and examination efforts with other states through the NAIC. |
|
350) |
Section |
Adding Chapter Numbers: |
|
|
27-71-14 |
72 and 233 |
|
|
|
27-71-14.
Additional duties of the commissioner –
(a) At least once per year, or more frequently if deemed necessary, the
commissioner shall make available in an appropriate manner to
insurers and other entities subject to the scope of this chapter information
on new laws and regulations, and other information the commissioner deems
pertinent to ensure compliance with market conduct requirements. The failure
of the commissioner to provide information shall not be a defense for an
insurer that fails to comply with any insurance laws of this state. (b)
Insurers who wish to receive the information indicated in (a) above shall
provide to the commissioner, in a form specified by the commissioner, contact
information. The insurer is responsible for keeping that contact information
up to date and informing the commissioner of any changes. (c)
The commissioner shall designate a specific person or persons whose
responsibilities shall include the receipt of information from employees of
insurers and licensed entities concerning violations of laws, rules or
regulations by employers, as defined in this section. Such person or persons
shall be provided with proper training on the handling of such information,
which shall be deemed a confidential communication for the purposes of this
section. (d)
For any change made by the commissioner to procedures, guidelines, handbooks
or other work products of the NAIC referenced in this chapter, which
materially changes the way in which market analysis, market conducted
actions, or market conduct examinations are conducted, the commissioner shall
give notice and provide parties with an opportunity for a public hearing
pursuant to the administrative procedures act, chapter 42-35. |
|
351) |
Section |
Adding Chapter Numbers: |
|
|
27-71-15 |
72 and 233 |
|
|
|
27-71-15.
Cost of market analysis and examination. –
(a) The total cost of market analysis and examinations performed pursuant
to this chapter shall be borne by the companies analyzed and/or examined,
including the total cost of all persons contracted by the commissioner
pursuant to this chapter to supplement in-house staff, in accordance with the
provisions of subdivision 27-13.1-7(a)(1) or in subsection 27-13.1-4(d) as
applicable. (b)
The commissioner shall maintain active management and oversight of
examination costs and fees, including costs and fees associated with the use
of department personnel and examiners and with retaining qualified contract
examiners necessary to perform an examination. To the extent the commissioner
retains outside assistance, the commissioner must have in writing protocols
that: (1)
Clearly identify the types of functions to be subject to outsourcing; (2)
Provide specific timelines for completion of the outsourced review; (3)
Require disclosure of contract examiners’ recommendations; (4)
Establish and utilize a dispute resolution or arbitration mechanism to
resolve conflicts with insurers regarding examination costs and fees; and (5)_Require
disclosure of the terms of the contracts with the outside consultants that
will be used specifically the costs and fees and/or hourly rates that can be
charged. (c)
The commissioner shall review and affirmatively endorse detailed billings
from the qualified contract examiner before summary billings are sent to the
insurer. (d)
The commissioner may contract for such qualified contract examiners as the
commissioner deems necessary, provided that the compensation and per diem
allowances paid to such contract persons shall not exceed one hundred
twenty-five percent (125%) of the compensation
and per diem allowances for examiners set forth in the guidelines adopted by
the National Association of Insurance Commissioners, unless the commissioner
demonstrates that one hundred twenty-five percent (125%) is inadequate under
the circumstances of the examination. The commissioners may make an exception
to this requirement for compensation paid to contracted persons with unique
expertise, however, such compensation shall be reasonable and based on market
conditions. |
|
352) |
Section |
Adding Chapter Numbers: |
|
|
28-45-18 |
291 and 413 |
|
|
|
28-45-18.
Vocational school training. -- (a)
The board of regents for elementary and secondary education may authorize
vocational schools to provide apprenticeship classroom training to students
subject to the approval of the Rhode Island department of labor and training
state apprenticeship council. (b) In the event the board of regents authorizes state-certified apprenticeship training under subsection (a), and a student successfully completes the vocational school program, then the student shall receive apprentice credit, to be applied against a state-certified apprenticeship program requirement set forth by the state apprenticeship council pursuant to section 28-45-13, for one hundred forty-four (144) hours of apprenticeship classroom training. |
|
353) |
Section |
Amending Chapter Numbers: |
|
|
29-7-5 |
133 and 167 |
|
|
|
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) copies 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
|
|
354) |
Section |
Amending Chapter Numbers: |
|
|
29-7-8 |
133 and 167 |
|
|
|
29-7-8.
Clearinghouse advisory committee. --
There shall be a state Publications Clearinghouse Advisory Committee. The
committee shall consist of depository
libraries. |
|
355) |
Section |
Adding
Chapter Numbers: |
|
|
30-6-6 |
158 and 174 |
|
|
|
30-6-6. Rights
of employees entering service to maintain health care benefits. – Every employee holding a position in
municipal service, who has left or shall leave the position by reason of
entering the armed forces of the United States (whether through membership in
the reserve of the United States Military or Naval Forces or in the Rhode
Island National Guard or Naval Reserves, when any of the foregoing units are
called to active federal or state duty, or by reason of enlistment, induction
commission or otherwise), and who at the time of entrance into the armed
services had family medical benefits, shall continue to be eligible to
receive family medical benefits, in the same manner as available prior to
entering service, for designated family members, excluding the employee,
during the duration of his or her absences required by the continuance of
service in the armed services and his or her return to municipal service.
Nothing in this section, however, shall require the employee to continue
family medical benefits provided by the municipality or prevent the employee
from enrolling in or receiving medical benefits from another source of health
insurance coverage including the federal medical benefits program for
deployed members of the armed services. |
|
356) |
Section |
Amending Chapter Numbers: |
|
|
30-15-6 |
289 and 319 |
|
|
|
30-15-6.
Advisory council. -- (a) There is
hereby created the
(1)
(i) The lieutenant governor;
(ii) The adjutant general;
(iii) The director of administration/statewide planning;
(iv) The director of health;
(v) The director of transportation;
(vi) The director of human services;
(vii) The superintendent of state police;
(viii) The public utilities administrator;
(ix) The director of the department of environmental management;
(x) The director of mental health, retardation, and hospitals;
(xi) The director of elderly affairs;
(xii) The chairperson of the state water resources board;
(xiii) The chairperson of the governor's commission on disabilities;
(xiv) The chairperson of the
(xv) The executive director of the coastal resources management council or
his or her designee; (xvi)
The executive director of the American Red Cross, (xvii)
The executive director of the (xviii)
The state court administrator; (xix)
The executive director of the commission on the deaf and hard of hearing; (xx)
The director of the (xxi)
The executive director of E-911 emergency telephone system division; (xxii)
The federal security director of the transportation security administration
for (2)
(i) Two (2) members of the senate, recommended by the president of the
senate, not more than one of whom shall be from the same political party;
(ii) Two (2) members of the house of representatives, recommended by the
speaker of the house, not more than one of whom shall be from the same
political party;
(iii) One representative of the electric industry;
(iv) One representative of the gas industry;
(v) One representative of the telephone industry;
(vi) The executive director of the
(vii) Two (2) representatives of the general public, one who shall have
expertise in disaster preparedness;
(viii) One representative of the
(xiii)
One representative of the (xiv)
One representative of a private ambulance company; and (xv)
One representative of a level I trauma hospital who shall have direct
expertise in disaster preparedness.
(b) It shall be the duty of the council to advise the governor and the
adjutant general on all matters pertaining to disaster preparedness. The
lieutenant governor shall serve as chairperson of the council and the
adjutant general shall serve as vice-chairperson. In providing advice to the
governor and the adjutant general, the council shall, among other matters
reasonably related to their authority, do the following:
(1) Establish a regular meeting schedule and form subcommittees as may be
appropriate;
(2) Review emergency management plans and other matters as may be acted upon
or otherwise provided for in this chapter;
(3) Establish priorities and goals on emergency management matters on an
annual basis;
(4) Study emergency management plans in conjunction with the adjutant
general, and otherwise conduct such other studies as may be deemed
appropriate;
(5) Review the coordination of the state's emergency management programs with
appropriate authorized agencies and conduct studies on the programs as may be
necessary;
(6) Review the plans and operations of the various cities and towns in
disaster preparedness in conjunction with the director and his or her office
as required or necessary; and
(7) [Deleted by P.L. 2000, ch. 170, section 2];
(8) Provide an annual report on its activities in conjunction with the
adjutant general. |
|
357) |
Section |
Adding Chapter Numbers: |
|
|
30-33 |
61 and 65 |
|
|
|
CHAPTER 33 THE |
|
358) |
Section |
Adding Chapter Numbers: |
|
|
30-33-1 |
61 and 65 |
|
|
|
30-33-1. Short
title. -- This act may
be cited as "The Family Military Leave Act". |
|
359) |
Section |
Adding Chapter Numbers: |
|
|
30-33-2 |
61 and 65 |
|
|
|
30-33-2.
Definitions. -- The following words or phrases
as used in this chapter mean the (1)
"Employee" means any person who may be permitted, required, or
directed by an employer in consideration of direct or indirect gain or profit
to engage in any employment. "Employee” does include an independent
contractor. "Employee” includes an employee of a covered employer who
has been employed by the same employer for at least twelve (12) months, and
has been employed from at least one thousand two hundred fifty (1,250) hours
of service during a twelve (12) month period immediately preceding the
commencement of leave. (2)
"Employee benefits" means all benefits, other than salary or wages,
provided or made available to employees by an employer and includes group
life insurance, health insurance, disability insurance and pensions,
regardless of whether benefits are provided by a policy or practice of an
employer. (3)
“Employer" means any person, partnership, corporation, association,
other business entities, the state of (4)
"Family military leave", means leave requested by an employee who
is the spouse or parent of a person called to military service lasting longer
than thirty (30) days with the state of Rhode Island or the United States
pursuant to the orders of the governor of Rhode Island or the President of
the United States. |
|
360) |
Section |
Adding Chapter Numbers: |
|
|
30-33-3 |
61 and 65 |
|
|
|
30-33-3.
Family military leave requirements. -- (a)
Any employer, as defined in section 30-33-2, that employs between fifteen
(15) and fifty (50) employees shall provide up to fifteen (15) days of unpaid
family military leave to an employee during the time federal or state orders
are in effect, in accordance with the provisions set forth in this section.
Family military leave granted under this act may consist of unpaid leave. (b)
Any employer, as defined in section 30-33-2, that employs more than fifty
(50) employees shall provide up to thirty (30) days of unpaid family military
leave to an employee during the time federal or state orders are in effect,
in accordance with the provisions set forth in this section. Family military
leave granted under this act may consist of unpaid leave. (c)
The employee shall give at least fourteen (14) days notice of the intended
date upon which family military leave will commence if the leave will consist
of five (5) or more consecutive workdays. Where able the employee shall
consult with the employer to schedule the leave to not unduly disrupt the
operations of the employer. Employees taking military family leave for less
than five (5) consecutive days shall give the employer advances notice as is practicable.
The employer may require certification from the proper military authority to
verify the employee's eligibility to take the requested family military
leave. (d)
An employee shall not take leave as provided under this act unless he or she
has exhausted all accrued vacation leave, personal leave, compensatory leave
or time, and any other leave that may be granted to the employee, with the
exception of sick leave and disability leave. |
|
361) |
Section |
Adding Chapter Numbers: |
|
|
30-33-4 |
61 and 65 |
|
|
|
30-33-4.
Employee benefits protection. -- (a)
Any employee who exercises the right to family military leave under this act,
upon the expiration of their leave, shall be entitled to restoration, by the
employer, to the position held by the employee when the leave commenced or to
a position with equivalent seniority status, employee benefits, pay and other
terms and conditions of employment. This section does not apply if the
employer proves that the employee was not restored as provided in this
section because of conditions unrelated to the employee's exercise of rights
under this act. (b)
During any family military leave taken under this act, the employer shall
make it possible for employees to continue their benefits at the employee's
expense. The employer and employee may negotiate for the employer to maintain
benefits at the employer's expense for the duration of the leave. |
|
362) |
Section |
Adding Chapter Numbers: |
|
|
30-33-5 |
61 and 65 |
|
|
|
30-33-5.
Prohibited actions. -- (a)
An employer shall not interfere with, restrain, or deny the exercise or the
attempt to exercise any right provided under this act. (b) An employer shall
not discharge, fine, suspend, expel, discipline or in any other manner
discriminate against any employee that exercises any right provided under
this act. (c) An employer shall not discharge, fine, suspend, expel or
discipline or in any other manner discriminate against any employee for
opposing any practice made unlawful under this act. |
|
363) |
Section |
Adding Chapter Numbers: |
|
|
30-33-6 |
61 and 65 |
|
|
|
30-33-6.
Enforcement. -- A civil action may be brought
to the state court having jurisdiction by any employee to enforce this act.
The court may enjoin any act or practice that violates or may violate this
act and may order any other equitable relief that is necessary and appropriate to
redress the violation or to enforce this act. |
|
364) |
Section |
Amending Chapter Numbers: |
|
|
31-1-16 |
98 and 145 |
|
|
|
31-1-16. Administrator
and division. – (a) "Administrator"
means the administrator of the division of motor vehicles of this state. (b)
"Division" means the division of motor vehicles within the
department of |
|
365) |
Section |
Amending Chapter Numbers: |
|
|
31-2-4 |
98 and 145 |
|
|
|
31-2-4. Rules
and regulations – Exception to authority. – The administrator of the division of motor vehicles,
department of standards for
operators of commercial vehicles; provided, however, that nothing contained
in this section shall be construed to authorize the administrator to charge
any monetary fee for a license or permit to utilize a flashing light by any
volunteer fire department or volunteer ambulance squad. |
|
366) |
Section |
Amending Chapter Numbers: |
|
|
31-2-20 |
98 and 145 |
|
|
|
31-2-20. Registration
and license information – Fee. – The
division of motor vehicles, department of However, if the
request is made by any governmental agency, bureau or department, the
division shall collect no fee. All nongovernmental inquiries must be
accompanied by a written statement of purpose. |
|
367) |
Section |
Amending Chapter Numbers: |
|
|
31-2-23 |
98 and 145 |
|
|
|
31-2-23. Denial
of license or registrations for nonpayment of delinquent child support. – (a) The department of human services department
of enforcement
computer system ("CSE system"). For purposes of this section, the
terms used in this section shall be given the meaning and definitions
specified in § 15-16-2. The department of human services shall, at times and
in the manner prescribed by the administrator of the division of motor
vehicles, furnish to the division of motor vehicles information relating to
the subsequent payment of those child support order arrearages by or on
behalf of the individuals, and the division
shall remove the name of the individual(s) from the list. (b)
No individual whose name appears on the list or compilation referred to in
subsection (a) of this section, and whose name has not been subsequently
removed from the list, shall be permitted to (1) register or renew a
registration of any motor vehicle and/or (2) obtain an original license or
renewal of a license to operate a motor vehicle, until all child support
order arrearages have been paid in full or a satisfactory arrangement for
payment has been made with the family court,
and payment has been certified to the division of motor vehicles by the
department of human services, (c)
The identifying information furnished by the department of human services |
|
368) |
Section |
Amending Chapter Numbers: |
|
|
31-3-28 |
98 and 145 |
|
|
|
31-3-28. Rules and regulations as to plates. –
(a) The administrator of the division of motor vehicles is authorized and
empowered to make, alter, or amend, such rules and regulations that he or she
may deem necessary, pertaining to the use, size, design, color scheme, and
the material to be used in the manufacture of the number plates to be
displayed on automobiles, motor trucks, trailers, semi-trailers, or other
motor vehicles, except that at the next general issuance and each subsequent
issuance. To promote safety and to facilitate the identification of
registration plate letters and numerals at night, the department of (b)
All rules and regulations made under the provisions of this section shall,
after being approved by the governor and published at least once in each
county of the state, have the effect of law |
|
369) |
Section |
Amending Chapter Numbers: |
|
|
31-3-31 |
98 and 145 |
|
|
|
31-3-31. Registration
of farm vehicles. – (a) Farm
vehicles, as defined in § 31-1-8, equipped with rubber tires while being used
in farming and operated on highways shall be registered on a form furnished
by the administrator of the division of motor vehicles and shall be assigned
a special number plate with a suitable symbol or letter indicating the usage
of the farm vehicle. The use of the number plates shall be confined to the
period of one year. (b)
The director of the department of |
|
370) |
Section |
Amending Chapter Numbers: |
|
|
31-3-32 |
98 and 145 |
|
|
|
31-3-32. Expiration
of registration. – Every vehicle
registration under chapters 3 – 9 of this title and every registration card
and registration plate issued under this chapter shall expire at midnight on
the thirty-first (31st) day of March of each year, except that the director
of the department of fee for the
initial issuance of fully reflective plates and each reissuance thereafter
shall be charged in accordance with § 31-6-1(a). However, the requirements
for the reissue of fully reflective plates shall apply only to those standard
plates described in § 31-3-11 and not to plates authorized by any other
section of the general or public laws. Violations of this section are subject
to fines enumerated in § 31-41.1-4. |
|
371) |
Section |
Amending Chapter Numbers: |
|
|
31-3-53 |
10, 11 and 152 |
|
|
|
31-3-53.
Veterans' plates. -- (a) The
registrar of motor vehicles shall issue for any motor vehicle eligible for
registration as an automobile, or for any motorcycle eligible for
registration as a motorcycle, or for a commercial vehicle having a gross
weight of ten thousand one pounds (10,001 lbs.) or less, plates designated as
"Veteran", "Purple Heart", and "Ex-POW" upon
application on proper forms furnished by the administrator of the division of
motor vehicles to veterans. Gold Star parents shall also be eligible for
plates esignated as "Veteran".
(b) The special
(1) Letters and numbers shall be blue in a white background with the words
"
(2) The background will be a red, white and blue waving American Flag.
(3) On the top right corner will be a decal with the military branch of the
service in which the Veteran served (Army, Navy, Air Force, Marines, Coast
Guard, Merchant Marines, and Gold Star Parent). (4)
For war veterans a white decal with blue letters with the words "War
Veteran" placed under the military branch decal on the right side of the
plate above the validation sticker.
(c) The applicant shall be required to pay a service charge of twenty dollars
($20.00) and a transfer charge of five dollars ($5.00) for each plate.
(d) The applicant shall be entitled to a plate for each vehicle owned by the
applicant upon payment of an additional service charge and/or transfer charge
for each vehicle.
(e) The owner of a motor vehicle eligible for registration as a commercial
vehicle and having a gross weight of ten thousand one pounds (10,001 lbs.) or
less that is issued veteran plates shall continue to pay the appropriate
commercial registration fee for those plates. The owner of a motor vehicle
eligible for registration as a commercial vehicle having a gross weight of
six thousand three hundred pounds (6,300 lbs.) but not more than ten thousand
one pounds (10,001 lbs.) shall sign an affidavit at the time of application
for said plates stating that the vehicle is to be used for personal use only.
(f)(1) For the purposes of this section, a "veteran" shall
be defined as any person who has served on active duty in the armed forces of
the (2)
For the purposes of this section "War Veteran" shall be defined as
any veteran of any conflict or undeclared war who has earned a campaign
ribbon or expeditionary medal for service in either a declared or undeclared
war as noted on the war veteran's DD-214. Upon the death of the holder of
any veteran plates, the plates shall be transferred to the surviving spouse
for the spouse's lifetime until he or she remarries.
(g) The "veteran" or "war veteran" described in
(h) For the purpose of this section, "Gold Star Parent" means a
person who has lost a son or a daughter as a result of service with the armed
forces of the
(i) Veterans who have served in multiple conflicts are entitled to be issued,
veterans' plates equal to the number of conflicts he or she served in;
provided, the plates are limited to the number of vehicles owned by the
veteran. |
|
372) |
Section |
Adding Chapter Numbers: |
|
|
31-3-82 |
262 and 468 |
|
|
|
31-3-82.
Special plate for WaterFire (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 the registration certificate for the plates shall be carried in
the vehicle, in accordance with section 31-3-9. The registration certificate
shall be in effect for the special plate. (c)
WaterFire motor vehicle plates shall be the same size as regular motor
vehicle plates and shall be designed by WaterFire (d)
WaterFire plates shall be subject to a minimum pre-paid order of at least
nine hundred (900) plates. WaterFire plates shall not be issued unless the
minimum order requirements are met. (e)
The administrator of motor vehicles shall develop application forms,
pre-payment procedures and any other procedures deemed necessary to carry out
the purposes of this section. (f)
In addition to the regular prescribed motor vehicle registration fee, WaterFire
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 WaterFire
Providence to assist in the fiscal needs required to keep this event free for
all to enjoy, and to continue in the fostering of WaterFire's presence as an
asset to Rhode Island's economic growth and prosperity. The distribution to
WaterFire be
placed in a restricted account and shall be paid to WaterFire (h)
WaterFire Providence will be required to submit an annual audit prepared by a
certified public accountant before such monies are distributed. (i)
There shall be no refunds
for early cancellation of WaterFire plates. |
|
373) |
Section |
Amending Chapter Numbers: |
|
|
31-3.2-2 |
127 and 179 |
|
|
|
31-3.2-2. Registration. --
(a) General requirements. - Except as provided in this chapter, no person
shall operate any snowmobile or recreational vehicle within the state unless
the snowmobile or recreational vehicle has
been registered in accordance with this chapter. Any operator of any
snowmobile or recreational vehicle not registered in accordance with this
chapter shall be deemed guilty of a civil violation and be subject to a fine
of one hundred dollars ($100) for each offense. All recreational vehicles
sold by a dealer shall be registered at time of sale of such vehicle. Any
recreational vehicle purchased for use exclusively outside of the state of
Rhode Island shall not require registration at the time of purchase; provided
that the purchaser of such recreational vehicle shall sign a declaration,
provided by the director via the dealer, stating that the purchaser
understands the conditions under which a recreational vehicle must be
registered and the penalty for violation of such registration requirements.
Each signed declaration shall be forwarded by the dealer to the director. (1)
Recreational vehicle safety course and safety certificate. The director shall
establish a curriculum or curricula for a recreational vehicle safety
training course or courses. Any such curriculum may include, but not be
limited to, on-vehicle training and safe riding practices. The director may
establish different courses and curricula for different types of recreational
vehicles. The director may permit any such safety training course to be given
by any private person, club, association or municipality that meets standards
established by the director. The director may establish a reasonable fee that
any such person or entity may charge for such course or courses. (2)
The safety course shall be required for all first time recreational vehicle
buyers, as well as all operators under the age of sixteen (16). Proof of
completion of safety course shall be carried while operating any recreational
vehicle off private property.
(b) Application -- Issuance -- Reports. - Application for registration shall
be made to the director in such form as the director shall prescribe, and
shall state the name and address of every owner of the snowmobile or
recreational vehicle and be signed by at least one owner. Upon receipt of the
application and the appropriate fee, the snowmobile or recreational vehicle
shall be registered and a reflectorized identification number assigned which
shall be affixed to the snowmobile or recreational vehicle in such manner as
the director shall prescribe.
(c) Fees for registration.
(1) The fee for registration of each snowmobile or recreational vehicle,
other than those registered by a dealer or manufacturer pursuant to
subsection (c)(1) or (c)(2) shall be as follows: twenty-five
dollars ($25.00) for one year and one dollar ($1.00) for a duplicate or
transfer.
(2) The total registration fee for all snowmobiles or recreational vehicles
owned by a dealer and operated for demonstration or testing purposes shall be
twenty-five dollars ($25.00) per year.
(3) The total registration fee for all snowmobiles or recreational vehicles
owned by a manufacturer and operated for research, testing, experimentation,
or demonstration purposes shall be one hundred dollars ($100) per year.
Dealer and manufacturer registrations are not transferable.
(4) In addition to the registration fees enumerated in subdivisions (1) --
(3) of this subsection, an annual registration fee of ten dollars ($10.00)
for residents and twenty dollars ($20.00) for nonresidents on all off-road
facilities established by the department of environmental management
for such purposes. No person shall operate any recreational vehicles on
off-road facilities which has not been registered as required by this
subdivision.
(d) Renewal. - Every owner of a snowmobile or recreational vehicle shall
renew his or her registration in such manner as the director shall prescribe,
upon payment of the same registration fees provided in subsection (c).
(e) Snowmobiles or recreational vehicles owned by state or political
subdivision. - A registration number shall be issued without the payment of a
fee for snowmobiles or recreational vehicles owned by the state of
(f) Exemptions. - No registration under this section shall be required for
the following described snowmobiles or recreational vehicles:
(1) Snowmobiles or recreational vehicles owned and used by the United States,
another state, or a political subdivision of the United States or another
state.
(g) Special Permits. - The director of environmental management may issue
special permits to out of state snowmobiles or recreational vehicles from a
state or country where registration is not required to operate in thirty
(30) days in connection with organized group outings, trail rides, races,
rallies, and other promotional events. (h)
Non-resident recreational vehicle registration. The registration provisions
of this section shall not apply to non-resident owners who have registered
their recreational vehicles in compliance with the registration and licensing
laws of the state, province, district or country of residence in which they
reside, provided that the recreational vehicle is appropriately identified in
accordance with the laws of the state of residence. The provisions of this
subsection shall not apply to a resident of another state, province, district
or country that does not have a recreational vehicle registration and
identification law. |
|
374) |
Section |
Amending Chapter Numbers: |
|
|
31-3.2-6 |
127 and 179 |
|
|
|
31-3.2-6.
Rules and regulations. -- (a) With a view
of achieving maximum use of snowmobiles and/or recreational vehicles, the director
of natural resources shall adopt rules and regulations for the following
purposes:
(1) Registration of snowmobiles and recreational vehicles and display of
registration numbers.
(2) Use of snowmobiles and recreational vehicles insofar as game and fish
resources are affected.
(3) Use of snowmobiles and recreational vehicles on public lands and waters
under the jurisdiction of the director
(4) Uniform signs to be used by the state, counties, cities and towns, which
are necessary or desirable to control, direct, or regulate the operation and
use of snowmobiles and recreational vehicles.
(5) Specifications relating to snowmobiles and recreational vehicles'
mufflers.
(b) The administrator of the division of motor vehicles may adopt rules and
regulations not inconsistent with this chapter in the manner provided by this
title regulating the use of snowmobiles and recreational vehicles on streets
and highways. |
|
375) |
Section |
Amending Chapter Numbers: |
|
|
31-3.2-7.1 |
127 and 179 |
|
|
|
31-3.2-7.1.
|
|
376) |
Section |
Amending Chapter Numbers: |
|
|
31-3.2-8 |
127 and 179 |
|
|
|
31-3.2-8.
Mufflers. -- Except as provided in this
section, every snowmobile or recreational vehicle shall be equipped at all
times with a muffler in good working order which blends the exhaust noise
into the overall snowmobile or recreational vehicle noise and is in constant
operation to prevent excessive or unusual noise. The exhaust system shall not
emit or produce a sharp popping or crackling sound. This section does not
apply to organized races or similar competitive events held on:
(1) Private lands, with the permission of the owner, lessee or custodian of
the land;
(2) Public lands and water under the jurisdiction of the director
(3) Other public lands, with the consent of the public agency owning the
land. No person shall have for sale, sell, or offer for sale on any new
snowmobile or recreational vehicle any muffler that fails to comply with the
specifications required by the rules and regulations of the director after
the effective date of the rules and regulations. |
|
377) |
Section |
Amending Chapter Numbers: |
|
|
31-3.2-10 |
127 and 179 |
|
|
|
31-3.2-10.
Penalties. -- Any person who violates any
provisions of this chapter or any regulation of the director of the department
of environmental management or the administrator of the division of motor
vehicles shall be guilty of a misdemeanor for a first offense and be
punished by a fine of not more than one hundred dollars ($100) or by
imprisonment for not more than ninety (90) days hearing,
for good cause which shall include, but not be limited to:
(1) Nonownership by the applicant;
(2) The failure of the vehicle to meet equipment standards after the owner
has received notice to comply with the standards;
(3) Operation of the vehicle improperly or in such a manner as to cause
damage to any property or death or injury to any person, or that the
registrant has allowed or permitted the vehicle to be so operated. (4) Repeat violations of this
chapter or any associated regulation. |
|
378) |
Section |
Adding Chapter Numbers: |
|
|
31-3.2-11 |
127 and 179 |
|
|
|
31-3.2-11.
Liability for negligence. –
Negligence in the use of operation of a recreational vehicle shall be attributable
to the owner. Every owner of a recreational vehicle used or operated in this
state shall be liable and responsible for injury or death or damage to
property resulting from negligence in the use or operation of such vehicle by
any person using or operating the same with the permission, express or
implied, of such owner; provided, however, that such operator's negligence
shall not be attributed to the owner as to any claim or cause of action
accruing to the operator or his legal representative for such injuries or
death. |
|
379) |
Section |
Amending Chapter Numbers: |
|
|
31-5-1 |
98 and 145 |
|
|
|
31-5-1. Definitions. – (a) Whenever the words "licensor"
and/or "department" are used in chapters 5 and 5.1 of this title,
they shall mean the "department of |
|
380) |
Section |
Amending Chapter Numbers: |
|
|
31-5-2 |
98 and 145 |
|
|
|
31-5-2. |
|
381) |
Section |
Amending Chapter Numbers: |
|
|
31-5-2.1 |
98 and 145 |
|
|
|
31-5-2.1. Motor
vehicle dealers license and hearing board. – (a) A board composed of a total of five (5) members, two
(2) of which shall be licensed automobile dealers, one new car Rhode Island
licensed automobile dealer, and one used car Rhode Island licensed automobile
dealer, each to serve a three (3) year term; one active Rhode Island state
police officer appointed by the superintendent of Rhode Island state police
and shall serve a five (5) year term; one active employee of the Rhode Island
department of good
standing shall serve a seven (7) year term. The two (2) automobile dealers
and attorney shall be appointed by the governor. The board shall be known as
the motor vehicle dealers license and hearing
board. (b) The
board shall issue the license provided for in §§ 31-5-5 -- 31-5-9 and §
31-5-34. The board shall have supervision over the license with respect to
all of the provisions of §§ 31-5-1 -- 31-5-39 and shall have the power to
promulgate rules and regulations to fulfill the purposes of this chapter and
to protect the public interest. The board shall have the power to set, from
time to time, the maximum number of plates to be issued to each dealer after
due investigation and after considering the number of plates reasonably
required for the operation of the dealers business, and shall have the power
to declare and define what constitutes a licensee. The provisions of §§
31-5-1 -- 31-5-20, and §§ 31-5-33 -- 31-5-39 shall be administered by the
board or
by any of its duly authorized representatives. (c) The
board shall have all of the same powers, duties, and responsibilities of the
previous (d)
The board shall constitute an agency and shall follow the Administrative
Procedure Act, chapter 35 of title 42, and its decisions are appealable to
the (e)
A member of the board may be removed for cause by the director of (f) The
members of the (g)
The director of (h)
Members of the board shall serve without salary, nor shall they be
compensated for attendance at board meetings, however, members of the board
shall be reimbursed for their actual expenses necessarily incurred in the
performance of their duties. The department of
|
|
382) |
Section |
Amending Chapter Numbers: |
|
|
31-5-12 |
98 and 145 |
|
|
|
31-5-12. Responsibility
of licensee for acts of agents. – It shall
be sufficient cause for the denial, suspension, or revocation of any license
issued under this chapter, that any officer, director, partner, trustee, or
agent, including independent salespersons of the licensee, has been found by
the department of individual. |
|
383) |
Section |
Amending Chapter Numbers: |
|
|
31-5-21 |
98 and 145 |
|
|
|
31-5-21. Manufacturer's
license required. – (a) No
manufacturer, factory representative, or distributor shall engage in business
as a manufacturer, factory representative, or distributor in this state
without a license to do so as provided in § 31-5-22. (b)
For the purpose of this chapter, each division of a motor vehicle
manufacturer or distributor shall be considered a separate manufacturer or
distributor for purposes of licensing under this chapter. The department of |
|
384) |
Section |
Amending Chapter Numbers: |
|
|
31-5-22 |
98 and 145 |
|
|
|
31-5-22. Application
for license – Fee – Expiration. – (a)
Any person desiring to be licensed as a manufacturer, factory representative,
or distributor shall apply to the department of
|
|
385) |
Section |
Amending Chapter Numbers: |
|
|
31-5-25 |
98 and 145 |
|
|
|
31-5-25. Hearing
on suspension or revocation of license. – No license shall be suspended or revoked except after a hearing. The
department of |
|
386) |
Section |
Amending Chapter Numbers: |
|
|
31-5-26 |
98 and 145 |
|
|
|
31-5-26. the district court
pursuant to the procedure established pursuant to § 42-35-15. |
|
387) |
Section |
Amending Chapter Numbers: |
|
|
31-5-38 |
98 and 145 |
|
|
|
31-5-38. Certiorari
from the department. – Any
licensee or other person in interest being dissatisfied with an order of the
department of |
|
388) |
Section |
Amending Chapter Numbers: |
|
|
31-5.1-3 |
98 and 145 |
|
|
|
31-5.1-3. Unlawful
acts and practices. – (a) Unfair
methods of competition, and unfair or deceptive acts or practices, as defined
in this chapter, are declared to be unlawful. (b) In
construing subsection (a) of this section, the courts may be guided by the
interpretations of § 45 of the Federal Trade Commission Act (15 U.S.C. § 45),
as from time to time amended. (c) The department of |
|
389) |
Section |
Amending Chapter Numbers: |
|
|
31-5.1-4 |
98 and 145 |
|
|
|
31-5.1-4. Violations.
– (a) It shall be deemed a
violation of this chapter for any manufacturer or motor vehicle dealer to
engage in any action which is arbitrary, in bad faith, or unconscionable and
which causes damage to any of the parties involved or to the public. (b) It
shall be deemed a violation of this chapter for a manufacturer, or officer,
agent, or other representative of a manufacturer, to coerce, or attempt to
coerce, any motor vehicle dealer: (1) To
order or accept delivery of any motor vehicle or vehicles, equipment, parts,
or accessories for them, or any other commodity or commodities which the
motor vehicle dealer has not voluntarily ordered. (2) To
order or accept delivery of any motor vehicle with special features,
accessories, or equipment not included in the list price of that motor
vehicle as publicly advertised by the manufacturer of the vehicle. (3) To
participate monetarily in an advertising campaign or contest, or to purchase
any promotional materials, or training materials, showroom or other display
decorations or materials at the expense of the new motor vehicle dealership. (4) To
enter into any agreement with the manufacturer or to do any other act
prejudicial to the new motor vehicle dealer by threatening to terminate or
cancel a franchise or any contractual agreement existing between the dealer
and the manufacturer; except that this subdivision is not intended to
preclude the manufacturer or distributor from insisting on compliance with
the reasonable terms or provisions of the franchise or other contractual
agreement, and notice in good faith to any new motor vehicle dealer of the
new motor vehicle dealer's violation of those terms or provisions shall not
constitute a violation of the chapter. (5) To
refrain from participation in the management of, investment in, or
acquisition of any other line of new motor vehicle or related products. This
subdivision does not apply unless the new motor vehicle dealer maintains a
reasonable line of credit for each make or line of new motor vehicle, the new
motor vehicle dealer remains in compliance with any reasonable facilities
requirements of the manufacturer, and no change is made in the principal
management of the new motor vehicle dealer. (6)
To prospectively assent to a release, assignment, novation, waiver, or
estoppel which would relieve any person from the liability to be imposed by
this law or to require any controversy between a new motor vehicle dealer and
a manufacturer, distributor, or representative to be referred to any person
other than the duly constituted courts of this state or of the United States
of America, or to the department of |
|
390) |
Section |
Amend Chapter Numbers: |
|
|
31-5.1-4.1 |
98 and 145 |
|
|
|
31-5.1-4.1. Dealership
– Survivorship. – (a)(1) Right of designated family
member to succeed in dealership ownership. Any owner of a new motor vehicle
dealership may appoint by will or any other written instrument a designated
family member to succeed in the ownership interest of that owner in the new
motor vehicle dealership. (2) Unless
there exists good cause for refusal to honor that succession on the part of
the manufacturer or distributor, any designated family member of a deceased
or incapacitated owner of a
new motor vehicle dealer may succeed to the ownership of the new motor
vehicle dealer under the existing franchise provided that: (i) The
designated family member gives the manufacturer or distributor written notice
of his or her intention to succeed to the ownership of the new motor vehicle
dealer within one hundred twenty (120) days of the owner's death or
incapacity; (ii) The
designated family member agrees to be bound by all the terms and conditions
of the franchise; and (iii) The
designated family member shall not operate the dealership unless he or she
meets the then-current criteria generally applied by the manufacturer or
distributor in qualifying dealer-operators. (3) The
manufacturer or distributor may request, and the designated family member
shall provide, promptly upon the request, personal and financial data that is
reasonably necessary to determine whether the succession should be honored. (b) Refusal
to honor succession to ownership -- Notice required. (1)
If a manufacturer or distributor believes that good cause exists for refusing
to honor the succession to the ownership of a new motor vehicle dealer by a
family member of a deceased or incapacitated owner of a new motor vehicle
dealer under the existing franchise agreement, the manufacturer or
distributor may, not more than sixty (60) days following receipt of: (i)
Notice of the designated family member's intent to succeed to the ownership
of the new motor vehicle dealer; or (ii)
Any personal or financial data which it has requested, serve upon the
designated family member and the department of |
|
391) |
Section |
Amending Chapter Numbers: |
|
|
31-5.2-7.1 |
98 and 145 |
|
|
|
31-5.2-7.1. Procedure.
– (a) In addition to any settlement
procedure provided for in § 31-5.2-7, the department of the attorney general
shall provide an independent arbitration procedure for the settlement of
disputes between consumers or lessees and manufacturers concerning motor
vehicles which do not conform to all applicable express or implied
warranties. There shall be established the motor vehicle arbitration board
which shall consist of five (5) members. The board shall consist of the
attorney general or his or her designee, who shall serve as director, a
member of the general public appointed by the attorney general, the director
of the department of distribution,
sale, lease, or service of any automobile product. Members shall be persons
interested in consumer disputes, and shall serve without compensation. (b) An
owner or lessee of any motor vehicle purchased or leased which fails to
conform to the applicable express or implied warranties may either initiate a
request with the department of attorney general for arbitration by the motor
vehicle arbitration board or take part in the settlement procedure set forth
in § 31-5.2-7 if in existence. The consumer or lessee shall set forth, on a
complaint form prescribed by the department of attorney general, any
information he or she deems relevant to the resolution of the dispute and
shall file the complaint with a nonrefundable filing fee of twenty dollars ($
20.00). The attorney general shall decide if the complaint is eligible under
chapter 5.2 of this title. Upon acceptance of the complaint, the attorney general
shall notify the manufacturer of the filing of a request for arbitration and
shall obtain from the manufacturer, in writing on a form prescribed by the
attorney general, any information the manufacturer deems relevant to the
resolution of the dispute. The manufacturer shall return the form, along with
a non-refundable fifty dollar ($ 50.00) filing fee, within twenty (20) days
of receipt. The department of attorney general shall then refer the matter to
the motor vehicle arbitration board created pursuant to subsection (a) of
this section. (c) The
motor vehicle arbitration board shall investigate, gather, and organize all
information necessary for a fair and timely decision in each dispute. The
board may issue subpoenas to compel the attendance of witnesses and the
production of documents, papers, and records
relevant to the dispute. (d) At
all arbitration proceedings before the board the parties may present oral or
written testimony, present witnesses and evidence relevant to the dispute,
cross examine witnesses, and be represented by counsel. (e)
The motor vehicle arbitration board may forward a copy of all written
testimony, including all documentary evidence, to an independent technical
expert, who shall review the material and be able to advise and consult with
the board. An expert shall sit as a non-voting member of the board whenever
oral testimony is presented. The expert shall provide advice and counsel to
the board as a part of its deliberation process and shall aid the board in preparing
its findings
and facts. (f) The
motor vehicle arbitration board shall grant the relief specified in §
31-5.2-3 of this chapter and any other relief available under the applicable
warranties or the Magnuson-Moss Warranty Federal Trade Commission Improvement
Act, 88 Stat. 2183 (1975), 15 U.S.C. section 2301 15 U.S.C. section 2301 et
seq., as in effect on October 1, 1982, to the consumer or lessee if a
reasonable number of 15 U.S.C. section 2301 et seq., as in effect on October
1, 1982, to the consumer or lessee if a reasonable number of attempts, as
provided in §
31-5.2-5(1) and (2) have been undertaken to correct one or more 15 U.S.C.
section 2301et seq., as in effect on October 1, 1982, to the consumer or
lessee if a reasonable number of attempts, as provided in § 31-5.2-5(1) and
(2) have been undertaken to correct one or more nonconformities
that substantially impair the motor vehicle. The motor vehicle arbitration
board 15 U.S.C. section 2301 et seq., as in effect on October 1, 1982, to the
consumer or lessee if a reasonable number of attempts, as provided in §
31-5.2-5(1) and (2) have been undertaken to correct one or more
nonconformities that substantially impair the motor vehicle. The motor
vehicle arbitration board shall dismiss the dispute if it finds, after
considering all the evidence presented,
that the consumer 15 U.S.C. section 2301 et seq., as in effect on October 1,
1982, to the consumer or lessee if a reasonable number of attempts, as
provided in § 31-5.2-5(1) and (2) have been undertaken to correct one or more
nonconformities that substantially impair the motor vehicle. The motor
vehicle arbitration board shall dismiss the dispute if it finds, after
considering all the evidence presented, that the consumer or lessee is not
entitled to relief under
this chapter. (g)
(1) The board shall, as expeditiously as possible, but not later than
ninety (90) days from the date the director deems the dispute eligible for
arbitration, render a fair decision based on the information gathered and disclose
its findings and the reasons for it to the parties involved. The consumer or
lessee shall accept or reject the decision within five (5) days of its
filing. (2) If
the decision is favorable to the consumer or lessee, the manufacturer shall
within thirty (30) days after the rendering of the decision, either comply
with the terms of the decision if the consumer or lessee elects to accept the
decision or appeal the finding to superior court. No appeal by a manufacturer
shall be heard unless the petition for such appeal is filed with the clerk of
the superior court within thirty (30) days of issuance of the finding of the
motor vehicle arbitration board and is accompanied by a bond in a principal
sum equal to the money award made by the state-certified arbitrator plus two
thousand five-hundred dollars ($ 2,500) for anticipated attorneys' fees,
secured by cash or its equivalent, payable to the consumer. The liability of
the surety of any bond filed pursuant to this section shall be limited to the
indemnification of the consumer in the action. Such bond shall not limit or
impair any right of recovery otherwise available pursuant to law, nor shall
the amount of the bond be relevant in determining the amount of recovery to
which the consumer shall be entitled. In the event that any motor vehicle
arbitration board decision, resulting in an award of a refund or replacement,
is upheld by the court, recovery by the consumer shall include continuing
damages in the amount of twenty-five dollars ($ 25.00) per day for each day,
subsequent to the day the motor vehicle was returned to the manufacturer
pursuant to § 31-5.2-3, that said vehicle was out of use as a direct result
of any nonconformity not issuing from owner negligence, accident, vandalism
or any attempt to repair or substantially modify the vehicle by a person
other than the manufacturer, its agent or authorized dealer; provided,
however, that the manufacturer did not make a comparable vehicle available to
the consumer free of charge. In addition to any other recovery, any
prevailing consumer shall be awarded reasonable attorneys' fees and costs. If
the court finds that the manufacturer did not have any reasonable basis for
its appeal or that the appeal was frivolous, the court shall double the
amount of the total award made to the consumer. The motor vehicle arbitration
board shall contact the consumer or lessee, within ten (10) working days
after the date for
performance, to determine whether performance has occurred. (h) The
motor vehicle arbitration board shall maintain the records of each dispute as
deemed necessary, including an index of disputes by brand name and model. The
motor vehicle arbitration board shall, at intervals of no more than six (6)
months, compile and maintain statistics indicating the record of manufacturer
compliance with arbitration decisions and the number of refunds or
replacement awarded. The summary shall be a public record. (i)
The motor vehicle arbitration board automobile dispute settlement procedure
shall be prominently posted in the place of business of each new car dealer
or lessor licensed by the department of |
|
392) |
Section |
Amending Chapter Numbers: |
|
|
31-5.4-6 |
98 and 145 |
|
|
|
31-5.4-6. Disclosure
of rights. – (a) The director of the department
of (b)
Clear and conspicuous notice of the warranties created by this chapter of the
rights pertaining to them and of the implied warranty of merchantability
shall be given to the consumer in writing at the time the consumer purchases
a used motor vehicle from the dealer. Each notice required by this section
shall describe the procedures available to redress violations of this section
and shall contain the telephone number of the department of (c)
A seller's failure to provide the buyer with the documents and forms
promulgated by the director of the department of Violations of this section shall be actionable by the
buyer under §§ 31-5.4-5 and 6-13.1-5.2. |
|
393) |
Section |
Amending Chapter Numbers: |
|
|
31-10-5 |
98 and 145 |
|
|
|
31-10-5. Special
restrictions for drivers for compensation. – (a) No person who is under
the age of twenty-one (21) years shall drive any school bus transporting
school children or any motor vehicle when in use for the transportation of
persons or property for compensation nor in either event until he or she has
been licensed as a chauffeur for either purpose and the license so indicates.
Colleges and universities shall be exempt from the requirement for a public
plate for vehicles used to shuttle only students or employees to various
points within the college or university campus. Provided, however, that the
college or university shall own and operate the shuttle service and there
shall be no specific charge for the transportation of students or employees.
The division of motor vehicles shall not issue a chauffeur's license for
either purpose unless the applicant has had at least one year of driving
experience prior to the application, and has
filed with the division of motor vehicles one or more certificates signed by
a total of at least three (3) responsible people to whom he or she is well
known certifying to the applicant's good character and habits and the
administrator of the division of motor vehicles is fully satisfied as to the
applicant's competency and fitness to be so employed. (b)
In addition to the requirements provided in subsection (a) of this section,
any person attempting to obtain a chauffeur's license to drive a school bus
transporting school children shall, prior to being certified: (1)
Successfully complete a ten (10) hour school bus driver training course
conducted by the department of certificate
of successful completion with the division of motor vehicles. The curriculum
of that course and the accreditation of courses offered shall be pursuant to
rules and regulations promulgated
by the division of motor vehicles; (2)
Pass a written examination prepared and given by the department of (3)
Pass a driving test in a school bus of a like type which that person will be
employed to drive. The test will be prepared and given by the department of |
|
394) |
Section |
Amending Chapter Numbers: |
|
|
31-10-5.1 |
98 and 145 |
|
|
|
31-10-5.1. School
bus driver annual training. – (a)
The department of (b) The
training shall include, but not be limited to, defensive driving, and
instruction in all state laws, rules, and regulations relating to school
buses and school bus safety. (c) Prior
to any renewal of any certificate of a school bus driver, the division of
motor vehicles shall require proof of the renewal applicant's having
successfully completed the annual retraining as provided in this section.
That proof shall include the passing of a written examination prepared by the
department of |
|
395) |
Section |
Amending Chapter Numbers: |
|
|
31-10-21 |
98 and 145 |
|
|
|
31-10-21. Written and eye examination. – (a) Every applicant
for a license to operate a motor vehicle upon the public highways
shall be required by the division of motor vehicles to show, by examination or otherwise, the
ability to read and understand highway signs regulating, warning, and
directing traffic, the proper knowledge of the operation and mechanism of
motor vehicles, the rules of the road, the motor
vehicle law, and such other qualifications as will demonstrate that the
applicant is a proper and safe person to operate a motor vehicle upon the
public highways. The examination shall include a test of the applicant's
eyesight. Notwithstanding the foregoing, (b) Any
person who has successfully completed a driver education course as set forth
in § 31-10-19 and who has passed a standardized written driver's license
examination approved by the director of the department of education instructors at the completion of
each driver's education course. (c) An applicant, within
six (6) months of having been certified by the department of elementary and
secondary education as having passed a written examination administered by
that department, shall, upon completion of an eyesight test by the division
of motor vehicles, be considered in compliance with this section. |
|
396) |
Section |
Amending Chapter Numbers: |
|
|
31-10-30 |
159 and 195 |
|
|
|
31-10-30.
Expiration and renewal of licenses. --
Every operator's and chauffeur's first license to operate a motor vehicle
shall be by the issuance of a temporary license for the period beginning at
the date of issuance and expiring on the birthday of the licensee in the
second year following the issuance of the temporary license. Every operator's
and chauffeur's license issued after expiration of the temporary license
shall expire on the birthday of the licensee in the fifth year following the
issuance of the license, with the exception of any person or otherwise not
qualified, may require an examination of the applicant as upon an original
application. The administrator of the division of motor vehicles is
authorized to adopt any regulations necessary to carry out the purposes of
this section. Violations of this section are subject to fines enumerated in
section 31-41.1-4. |
|
397) |
Section |
Amending Chapter Numbers: |
|
|
31-10-31 |
159 and 195 |
|
|
|
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 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);
(5) For every renewal of an operator's or chauffeur's license, thirty dollars
($30.00); with the exception of any person
(7) For every road test, other than the road test included in the first
license examination, two dollars ($2.00);
(8) For every certified copy of any license, permit, or application issued
under this chapter, ten dollars ($10.00);
(9) For every duplicate instruction permit, ten dollars ($10.00);
(10) For every first license examination, five dollars ($5.00);
(11) For every routine information update, i.e., name change or address
change, five dollars ($5.00).
(12) For surrender of an out-of-state license, in addition to the above fees,
five dollars ($5.00). |
|
398) |
Section |
Amending Chapter Numbers: |
|
|
31-10-35 |
96 and 147 |
|
|
|
31-10-35.
Commercial drivers' school license required. -- No person, unless licensed under the
provisions of this chapter, shall engage in the business of giving instruction
for compensation in the driving of motor vehicles and motorcycles. However,
no license shall be required of a person who is engaged in teaching in a
regularly recognized secondary school or college driver training program or
a program in section 31-10.1-1.2, which is approved by the division of
motor vehicles. |
|
399) |
Section |
Amending Chapter Numbers: |
|
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31-10.1-1.1 |
96 and 147 |
|
|
|
31-10.1-1.1.
Motorcycle driver education program. --
(a) The board of governors for higher education and the office of higher
education shall through the Community College of Rhode Island provide
a minimum of six (6) and up to a maximum of twenty (20) hours of classroom
instruction and/or on-the-road driver training, as determined by the motorcycle
operator's license under this chapter. Instruction shall be given by a person
eligible for a teacher's certificate issued under the authority of the state
board of regents and/or certified to teach motorcycle safety classes by
completion of a course of instruction recognized by the
(b) Motorcycle driver education programs shall be available to any eligible
resident applicant holding a valid
(c) The board of governors for higher education shall establish any fees that
are deemed necessary to support this program.
(d) The board of governors for higher education and the office of higher
education are authorized to establish regulations to further implement this |
|
400) |
Section |
Adding Chapter Numbers: |
|
|
31-10.1-1.2 |
96 and 147 |
|
|
|
31-10.1-1.2.
(b)
The course shall provide students with a minimum of sixteen and a half (16
1/2) 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 (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 (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 (3) year period prior to licensure as a motorcycle
rider education instructor; and not more than three (3) moving violations
within a five (5) year 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 section 31-10.1-2, who successfully
completes a department approved motorcycle rider education program's skills
and written test requirements, shall be deemed compliant with section
31-10.1-1.1 and exempted from the road test under section 31-10.1-3 provided
the student passes a written, vision and road sign examination at a
department licensing facility. In order to take the written, vision and road
sign examination under section 31-10.1-3 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 Foundations' 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 board and/or the Community
College of Rhode Island instructor number. (f)
The department or the (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 (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. |
|
401) |
Section |
Amending Chapter Numbers: |
|
|
31-10.2-1 |
98 and 145 |
|
|
|
31-10.2-1. Purpose.
– The department of regulations
regarding the voluntary termination of operators' and chauffeurs' licenses in
this state. Pursuant to §§ 31-2-4, 42-35-3(b), and 42-35-4(b)(2), the
department of |
|
402) |
Section |
Amending Chapter Numbers: |
|
|
31-10.2-2 |
98 and 145 |
|
|
|
31-10.2-2. Operators'
licenses. – (a) An
individual may voluntarily terminate his or her operators' license by
tendering the license to the operator control section of the department of |
|
403) |
Section |
Amending Chapter Numbers: |
|
|
31-10.2-3 |
98 and 145 |
|
|
|
31-10.2-3. Chauffeur's
licenses. – (a) An
individual may voluntarily terminate his or her chauffeur's license by
tendering the license to the operator control section of the department of |
|
404) |
Section |
Amending Chapter Numbers: |
|
|
31-10.3-3 |
98 and 145 |
|
|
|
31-10.3-3. Definitions.
– Notwithstanding any other
provisions of title 31 the following definitions apply to this chapter unless
the context requires otherwise: (1)
"Administrator" means the division of motor vehicles administrator,
the chief executive of the division of motor vehicles, an agency within the
department of (2)
"Alcohol or alcoholic beverage" means (a) beer as defined in 26
U.S.C. 5052(a), of the Internal Revenue Code of 1954; (b) wine of not less
than one-half of one percentum (0.5%) of alcohol by volume; or (c) distilled
spirits as defined in section 5002(a)(8), of said code. (3) "Base
license" means the operator's or driver's license without any
classifications, endorsements, or restrictions (4) "Bus"
means every motor vehicle designed for carrying sixteen (16) or more
passengers (including the driver). (5) "Cancellation
of driver's license" means the annulment or termination by formal action
of the department of a person's driver's license because of some error or
defect in the license (or application) or because the licensee is no longer
entitled to the license. (6) "Certified
commercial driving instructor" means any person who gives commercial
driver training or who offers a course in driver training, and who is
certified as such by the administrator. (7) "Commerce"
means: (i) Trade,
traffic, and transportation within the jurisdiction of the (ii) Trade,
traffic, and transportation in the (8) "Commercial
license" means a license issued by the department in accordance with the
standards contained in 49 C.F.R. Part 383, as it may be revised from time to
time, to an individual which authorizes the individual to operate a class of
commercial motor vehicle. (9) "Commercial
motor vehicle" means a motor vehicle or combination of vehicles used to
transport passengers or property if the motor vehicle: (i) Has
a gross combination weight rating of twenty-six thousand one (26,001) or more
pounds, of a towed unit with a gross vehicle rating of more than ten thousand
pounds (10,000 lbs.), or has a gross vehicle weight rating of twenty-six
thousand one (26,001) or more pounds; (ii) Is
designed to transport sixteen (16) or more passengers including the driver;
or (iii) Is
transporting hazardous materials as defined in this section. (10) "Controlled
substance" means any substance as classified under § 102(6) of the
Controlled Substance Act (21 U.S.C. 802(6)) and includes all substances as
listed in schedules I through V of 21 C.F.R. Part 1308 as they may be revised
from time to time. (11) "Conviction"
means an unvacated adjudication of guilt or a determination that a person has
violated or failed to comply with the law in a court of original jurisdiction
or by an authorized administrative tribunal, an unvacated forfeiture of bail
or collateral deposited to secure the person's appearance in court, a plea of
guilty or nolo contendere accepted by the court, the payment of a fine or
court cost or violation of condition of release without bail, regardless of
whether or not the penalty is rebated, suspended, or probated. (12)
"Department" means the department of |
|
405) |
Section |
Amending Chapter Numbers: |
|
|
31-10.3-7 |
98 and 145 |
|
|
|
31-10.3-7. Administration
by department. – This
chapter shall be administered by the department of |
|
406) |
Section |
Amending Chapter Numbers: |
|
|
31-10.3-8 |
98 and 145 |
|
|
|
31-10.3-8. Rulemaking
authority. – The administrator for motor
vehicles, department of commercial motor
vehicle for which the applicant has been previously licensed by the military,
if such applicant is deemed to be otherwise qualified pursuant to 49 CFR
383.77. Any member of an organized fire department, including volunteer
members, who have five (5) years of driving experience of fire apparatus and
who has completed a safety driving course, including a road test from a
recognized agency shall, upon providing a letter from the fire chief of their
fire department to the administrator of motor vehicles, be exempt from taking
a road test when applying for a commercial drivers' license for a similar
class of commercial motor vehicle, provided the applicant is deemed otherwise
qualified pursuant to 49 CFR 383.77. |
|
407) |
Section |
Amending Chapter Numbers: |
|
|
31-10.3-31 |
98 and 145 |
|
|
|
31-10.3-31. Violations
– Penalties. – (a) It shall be illegal for
any person driving any commercial motor vehicle as defined in this chapter to
operate or control that vehicle while under the influence of alcohol, drugs,
toluene, or any other substance as defined in chapter 28 of title 21. For the
purpose of this chapter, any person who drives, operates, or exercises
physical control of a commercial motor vehicle while having a blood alcohol
concentration of four-one-hundredths of one percent (.04%) or greater by
weight, as shown by a chemical analysis of a blood, breath, or urine sample
shall be guilty of the offense of driving while under the influence of liquor
or drugs. (b)(1)
Notwithstanding any other provision of this chapter, it shall be illegal for
any person to drive, operate, or be in physical control of a commercial motor
vehicle while having alcohol in his or her system. (2) The
administrator shall suspend, for at least one year, a commercial motor
vehicle operator's license or privilege who is found to have committed a
first violation of: (i) Driving
a commercial motor vehicle under the influence of alcohol or controlled
substances; (ii) Driving
a commercial motor vehicle while the alcohol concentration in the person's
blood, breath, or other bodily substance is four-one-hundredths of one
percent (.04%) or greater; (iii) Leaving
the scene of an accident involving a commercial motor vehicle driven by the
person; (iv) Using
a commercial motor vehicle in the commission of a felony; (v) Refusing
to submit to a chemical analysis of breath, blood, or urine while operating a
commercial vehicle. (3) If
the operator commits any of these violations while carrying hazardous
materials requiring placards under federal/state regulations, the revocation
shall be for a period of not less than three (3) years. (4)
The administrator shall revoke for life, which may be reduced to a period of
at least ten (10) years in accordance with department of (i)
Driving a commercial motor vehicle under the influence of alcohol or
controlled substances; (ii)
Driving a commercial motor vehicle while the alcohol concentration in the
person's blood, breath, or other bodily substance is four-one-hundredths of
one percent (.04%) or greater; (iii)
Knowingly and willfully leaving the scene of an accident involving a
commercial motor vehicle driven by the person; (iv)
Using a commercial motor vehicle in the commission of a felony; (v)
Refusing to submit to a chemical analysis of breath, blood, and/or urine
while in a commercial motor vehicle. |
|
408) |
Section |
Amending Chapter Numbers: |
|
|
31-12-14 |
98 and 145 |
|
|
|
31-12-14. State
approval for traffic control devices on state highways. – No local authority shall erect or maintain any stop sign
or traffic control signal at any location so as to require the traffic on any
state highway to stop before entering or crossing any intersecting highway unless
approval in writing has first been obtained from the |
|
409) |
Section |
Amending Chapter Numbers: |
|
|
31-13-1 |
98 and 145 |
|
|
|
31-13-1. State
traffic commission – Manual of traffic control devices. – (a) There is established a state traffic commission
consisting of the superintendent of state police or his or her designee from
within the department of state police, the director of the department of transportation,
the governor's representative to the National Highway Traffic Safety
Administration, and a member of the public appointed by the governor with the
advice and consent of the senate, with respect to which appointment the
governor shall solicit and give due consideration
to the recommendation of the Rhode Island Police Chief's Association. The
commission shall elect from among the members a chair and such other officers
as it deems necessary. (b) For
the purpose of standardization and uniformity, the commission shall adopt and
cause to be printed for publication a manual of regulations and
specifications establishing a uniform system of traffic control signals,
devices, signs, and marking consistent with the provisions of this chapter
for use upon the public highways. The commission shall establish the traffic
regulations under chapters 12 -- 27 of this title. The commission shall meet
not less frequently than monthly. The department of transportation shall
provide all staff services and quarters required by the commission. (c)
Within ninety (90) days after the end of each fiscal year, the commission
shall approve and submit an annual report to the governor, the speaker of the
house of representatives, the president of the senate, and the secretary of
state, of its activities during that fiscal year. The report shall provide:
an operating statement summarizing meetings or hearings held, including
meetings minutes, subjects addressed, decisions rendered, applications
considered and their disposition,
rules or regulations promulgated, studies conducted, policies and plans
developed, approved, or modified, and programs administered or initiated; a
consolidated financial statement of all funds received and expended including
the source of the funds, a listing of any staff supported by these funds, and
a summary of any clerical, administrative or technical support received; a
summary of performance during the previous fiscal year including
accomplishments, shortcomings and remedies; a synopsis of hearings,
complaints, suspensions, or other legal matters related to the authority of
the counsel; a summary of any training courses held pursuant to the
provisions of this chapter; a briefing on anticipated activities in the
upcoming fiscal year, and findings and recommendations for improvements. The
report shall be posted electronically on the websites
of the general assembly and the secretary of state pursuant to the provisions
of § 42-20-8.2. The director of the department of (d)
To conduct a training course for newly appointed and qualified members within
six (6) months of their qualification or designation. The course shall be
developed by the chair of the commission, be approved by the commission, and
be conducted by the chair of the commission. The commission may approve the
use of any commission and/or staff members and/or individuals to assist with
training. The training course shall include instruction in the following
areas: the provisions of chapters 42-46, 36-14 and 38-2; and the commission's
rules and regulations. The director of the department of |
|
410) |
Section |
Amending Chapter Numbers: |
|
|
31-13-13 |
98 and 145 |
|
|
|
31-13-13. Hospital
sign indicating emergency treatment facility. – The director of treatment
facility. |
|
411) |
Section |
Amending Chapter Numbers: |
|
|
31-14-3 |
131 and 194 |
|
|
|
31-14-3.
Conditions requiring reduced speed. --
(a)The driver of every vehicle shall, consistent with the requirements of
section 31-14-1, drive at an appropriate reduced speed when approaching and
crossing an intersection or railroad grade crossing, when approaching and
going around a curve, when approaching a hill crest, when traveling upon any
narrow or winding roadway, when special hazard exists with respect to
pedestrians or other traffic or by reason of weather
or highway conditions and in the presence of emergency vehicles displaying
flashing lights as provided in section 31-24-31, tow trucks, transporter
trucks, and roadside assistance vehicles displaying flashing amber lights
while assisting a disabled motor vehicle. Violations of this section are
subject to fines enumerated in section 31-41.1-4. (b)
When an authorized vehicle as described in subsection (a) is parked or
standing within twelve feet (12') of a roadway and is giving a warning signal
by appropriate light, the driver of every other approaching vehicle shall, as
soon as it is safe, and when not otherwise directed by an individual lawfully
directing traffic, do one of the following: (1)
Move the vehicle into a lane that is not the lane nearest the parked or
standing authorized emergency vehicle and continue traveling in that lane
until safely clear of the authorized emergency vehicle. This paragraph
applies only if the roadway has at least two (2) lanes for traffic proceeding
in the direction of the approaching vehicle and if the approaching vehicle
may change lanes safely and without interfering with any vehicular traffic. (2) Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed until completely past the authorized emergency vehicle. This paragraph applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching vehicle or if the approaching vehicle may not change lanes safely and without interfering with any vehicular traffic. Violations of
this section are subject to fines enumerated in section 31-41.1-4. |
|
412) |
Section |
Amending Chapter Numbers: |
|
|
31-14-12.1 |
98 and 145 |
|
|
|
31-14-12.1. Special
speed limits in highway construction and maintenance operations. – (a) Whenever the department of respective
jurisdiction, determine and declare reasonable and safe absolute maximum
temporary speed limits applicable through all or part of the operation. A
temporary speed limit so determined and declared shall become effective and
shall suspend the applicability of any other speed limit prescribed in this
chapter when appropriate signs of the design prescribed by the department
giving notice of the limits are erected at or along the operation. When these
signs are erected, the total of fines, penalties, and costs assessed upon
conviction shall be twice the amount otherwise set by the general laws. (b)
When street, highway or bridge construction, or a maintenance operation is
present, the department of |
|
413) |
Section |
Amending Chapter Numbers: |
|
|
31-19.3-3 |
98 and 145 |
|
|
|
31-19.3-3. License
required. – No person, firm, or corporation
shall offer for rent or lease or allow to be rented or leased any motorized
bicycle, motor scooter or motorized tricycle within the town of New Shoreham,
unless and until the town council of the town of New Shoreham issues a
license in accordance with the provisions of this chapter. However, any
person, firm, or corporation holding a license to rent or lease motorized
bicycles, motor scooters or motorized tricycles which has been issued by the
department of |
|
414) |
Section |
Amending Chapter Numbers: |
|
|
31-19.3-5 |
98 and 145 |
|
|
|
31-19.3-5. Ordinances.
– (a) The town council of
the town of New Shoreham may enact reasonable ordinances establishing
procedures and standards for the licensing, supervision, regulation, and
control of the rental of motorized bicycles, motor scooters and motorized
tricycles. (b)
An ordinance enacted pursuant to this section may: (1)
Establish a fee to be charged for the issuance or renewal of any license for
the rental of motorized bicycles, motor scooters and/or motorized tricycles
the holder of the license is authorized to rent or lease and shall not exceed
the sum of forty dollars ($40.00) per motorized bicycle, motor scooters or
motorized tricycle. (2)
Establish a maximum number of licenses which may be granted for the rental of
motorized bicycles, motor scooters and/or motorized tricycles. (3)
Establish hours during which motorized bicycles, motor scooters and/or
motorized tricycles may be rented. (4)
Establish a maximum number of motorized bicycles, motor scooters and/or
motorized tricycles which a license holder may rent or lease under the
license. (5)
Provide that no motorized bicycle, motor scooters or motorized tricycle shall
be rented or leased in the town of New Shoreham unless the operator thereof
has a valid license issued under the provisions of § 31-10-1, or a similar
license issued by a state other than Rhode Island. (6)
Require all motorized bicycles, motor scooters and/or motorized tricycles to
pass inspection annually and be issued a certificate by a duly authorized
state inspection facility indicating that the vehicle has passed inspection
to be conducted at inspection agencies which shall be created and governed by
rules and regulations promulgated by the department of |
|
415) |
Section |
Amending Chapter Numbers: |
|
|
31-20-15 |
98 and 145 |
|
|
|
31-20-15. Posting
of bridle path signs. – The
department of |
|
416) |
Section |
Amending Chapter Numbers: |
|
|
31-20-16 |
98 and 145 |
|
|
|
31-20-16. Stops
at bridle path crossings. – (a)
Every operator of a motor vehicle shall bring his or her motor vehicle to a
complete stop in parks and reservations and on state highways where the
department of |
|
417) |
Section |
Amending Chapter Numbers: |
|
|
31-21-11 |
98 and 145 |
|
|
|
31-21-11. Removal
of disabled vehicle obstructing traffic on state highway, state bridge, or
state tunnel. – Whenever
a vehicle, whether attended or unattended, is disabled upon any state
highway, state bridge, state causeway, or in a state tunnel where the vehicle
constitutes an obstruction to traffic, the department of |
|
418) |
Section |
Amending Chapter Numbers: |
|
|
31-21-12 |
98 and 145 |
|
|
|
31-21-12. |
|
419) |
Section |
Amending Chapter Numbers: |
|
|
31-22-9 |
98 and 145 |
|
|
|
31-22-9. Throwing
debris on highway – Snow removal. – (a) No
person shall throw or deposit upon any highway any glass bottle, glass,
nails, tacks, wire, cans, or any other substance likely to injure any person,
animal, or vehicle upon the highway, or likely to deface the beauty or
cleanliness of the highway, nor shall any person in removing snow from any
driveway, public or private, leave the snow in any condition so as to
constitute a hazard on the highway. (b)
The director of |
|
420) |
Section |
Amending Chapter Numbers: |
|
|
31-22-11 |
98 and 145 |
|
|
|
31-22-11. Inspection
of school buses. – (a) The division of motor vehicles
shall inspect or cause to be inspected all school buses used for the
transportation of school children as defined in § 31-1-3(v) at least twice
throughout the year. Both of the inspections are to be done at a state
certified facility on a semiannual scheduled basis. These inspections will be
known as tear down inspections that will include pulling wheels at least once
each year if the school bus is equipped with drum brakes
and any other work deemed necessary by the state employed or state certified
inspectors. Reports of the inspections shall be made in writing and shall be
filed with the inspection division of the department of |
|
421) |
Section |
Amending Chapter Numbers: |
|
|
31-22-11.6 |
98 and 145 |
|
|
|
31-22-11.6. Child
care vehicles and school extra-curricular vehicles. – (a) (1) Pursuant to § 31-22-10, the division of motor
vehicles is authorized to promulgate rules and regulations concerning the
type, construction, and equipment of motor vehicles used for the transportation
of children to and from child care facilities and to and from school sponsored
activities including athletics and extra-curricular activities. (2)
(i) For the purposes of this section, "school bus", as
referred to in § 31-1-3(v), is defined as a vehicle which is used to carry
children to or from school on school bound routes at the outset of the
children's school day and/or on home bound routes at the end of the
children's school day. For these routes, a school bus must be used regardless
of the number of students being transported. (ii) For
purposes of this section, "school extra-curricular vehicles" is
defined as vehicles designed to transport fewer than fifteen (15) students to
and from school sponsored activities including athletics, internships, work
experiences, and extra-curricular activities where school buses are not used
because of the small number of students being transported. (iii) For
the purpose of this section, "child care vehicle" is defined as a
motor vehicle owned or leased by a licensed child care agency that does not
exceed fifteen (15) passengers and is being used to transport children from
schools to child care facilities and/or from child care facilities to
schools. Two (2) door sedans shall not be considered child care vehicles or
school extra-curricular vehicles. (b)
The division of motor vehicles shall have the authority to suspend the
registration of any vehicle used for child care transportation or school
extra-curricular transportation that does not
meet the following requirements: (1)
Seating. Adequate seating space for all passengers shall be provided. The
maximum seating capacity of a child care vehicle and school extra-curricular
vehicle shall be fifteen (15) persons, including the driver. No standing
shall be permitted while the vehicle is in operation. (2)
Safety belts. Safety belts shall be required for all passengers riding in the
child care vehicle and school extra-curricular vehicle. (3)
Vehicle registration. All child care vehicles and school extra-curricular
vehicles shall be registered as public vehicles. (4)
Vehicle inspection. All child care vehicles and school extra-curricular
vehicles shall be inspected for excessive emissions and/or safety items
according to a staggered appointment schedule as determined by the director of
(5)
Inspector's rejection notice. The director of |
|
422) |
Section |
Amending Chapter Numbers: |
|
|
31-23-1 |
98, 100 and 145 |
|
|
|
31-23-1. Driving
of unsafe vehicle – Disobedience of requirements – Inspections of motor
carriers – Fines. – (a) It is a
civil violation for any person to drive or move, or for the owner, employer
or employee to cause or knowingly permit to be driven or moved, on any highway
any vehicle or combination of vehicles which is in such an unsafe condition
as to endanger any person, or which does not contain those parts or is not at
all times equipped with lamps and other equipment in proper condition and
adjustment as required in this chapter or chapter 24 of this title, or for
any person to do any act forbidden or fail to perform any act required under
these chapters. (b)(1)
For the purpose of reducing the number and severity of accidents, all
commercial motor vehicles must meet applicable standards set forth in this
chapter and chapter 24 of this title and in the federal motor carrier safety
regulations (FMCSR) contained in 49 CFR Parts 387 and 390-399, and the
Hazardous Materials Regulations in 49 CFR Parts 107 (subparts F and G only),
171-173, 177, 178 and 180, as amended except as may be determined by the
administrator to be inapplicable to a state enforcement program, as amended
and adopted by the U.S. Department of Transportation (U.S. DOT), Federal
Motor Carrier Safety Administration, as may be amended from time to time.
Part 391.11(b)(1) of FMCSR, 49 CFR 391.11(b)(1) shall not apply to intrastate
drivers of commercial motor vehicles except for drivers of school buses and
vehicles placarded under
49 CFR Part 172, Subpart F. Rules and Regulations shall be promulgated by the
director of the department of safety.
The rules and regulations shall be promulgated to ensure uniformity in motor
carrier safety enforcement activities and to increase the likelihood that
safety defects, driver deficiencies, and unsafe
carrier practices will be detected and corrected. (2) Any
carrier convicted of violating the rules and regulations established pursuant
to this subsection shall be fined not less than twenty-five dollars ($ 25.00)
or more than five hundred dollars
($ 500) for each offense. (c) For
the purposes of this section, "carrier" is defined as any company
or person who furthers their commercial or private enterprise by use of a
vehicle that has a gross vehicle weight rating
(GVWR) of ten thousand and one (10,001) or more pounds, or that transports
hazardous material. (d)
Authorized examiners, investigators, officers, or regulatory inspectors from
the department of equipment
of motor carriers and lessors and enter upon and perform inspections of motor
carrier vehicles in operation. They shall have authority to inspect, examine,
and copy all accounts, books, records, memoranda, correspondence and other
documents of the motor carriers and or lessors and the documents, accounts,
books, records, correspondence, and memoranda of any person controlling,
controlled by, or under common control of any carrier which relate to the enforcement
of this chapter. (e)(1)
Authorized examiners, investigators, officers, or regulatory inspectors from
the state police, local law enforcement officials or the department of loading, is so
imminently hazardous to operate as to be likely to cause an accident or a
breakdown. An "out of service vehicle" sticker shall be used to
mark vehicles out of service. The "out of service vehicle" sticker
shall be affixed to the driver's window on power units placed out of service
and, affixed to the left front corner of trailers or semi-trailers placed out
of service. |
|
423) |
Section |
Amending Chapter Numbers: |
|
|
31-23-2 |
249 and 311 |
|
|
|
31-23-2.
Additional parts and accessories. -- (a)
Nothing contained in this chapter or chapter 24 of this title shall be
construed to prohibit the use of additional parts and accessories on any
vehicle not inconsistent with the provisions of these chapters. (b)
No person shall install or adjust any equipment, part, or accessory on a
motor vehicle that is intended for use on any highway, which would result in
the motor vehicle or its operation being inconsistent with the provisions of
this chapter or chapter 24 of this title and could result in the issuance of
a notice pursuant to section 31-38-2. The penalty for the first violation of
the provisions of the subsection shall be a fine of two hundred fifty dollars
($250), for the second violation a fine of five hundred dollars ($500), and
for the third and subsequent violations a fine of one thousand dollars
($1,000). |
|
424) |
Section |
Amending Chapter Numbers: |
|
|
31-23-21 |
98 and 145 |
|
|
|
31-23-21. Permits
for operation of vehicles having tracks with transverse corrugations. – The department of upon a highway of traction engines or tractors having movable tracks
with transverse corrugations upon the periphery of the movable tracks or farm
tractors or other farm machinery, the operation of which upon a highway would
otherwise be prohibited under this chapter. |
|
425) |
Section |
Amending Chapter Numbers: |
|
|
31-23-44 |
98 and 145 |
|
|
|
31-23-44. Approved
type of wheel safety chocks – Enforcement of requirements. – All wheel safety chock blocks described in
§ 31-23-43 must be a type approved by the division of motor vehicles, and the
division of motor vehicles shall establish specifications and requirements
for approved types of wheel safety chock blocks. The specifications and
requirements shall, in general, follow the standards established by the
department of |
|
426) |
Section |
Amending Chapter Numbers: |
|
|
31-23-50 |
98 and 145 |
|
|
|
31-23-50. Motorcycle
reflectorized plates. – Every motorcycle
registered within this state shall be equipped with reflectorized plates
which shall be supplied by the administrator of the division of motor
vehicles, department of regulations to be
determined by the administrator of the division of motor vehicles, department
of |
|
427) |
Section |
Amending Chapter Numbers: |
|
|
31-23-56 |
98 and 145 |
|
|
|
31-23-56. Stop
arm required. – Every
school bus shall be equipped with a stop arm, approved by the department of |
|
428) |
Section |
Amending Chapter
Numbers: |
|
|
31-23.1-10 |
98 and 145 |
|
|
|
31-23.1-10. Inspection
of accounts. – Pursuant to
article VI(e) of the compact, the department of |
|
429) |
Section |
Amending Chapter Numbers: |
|
|
31-23.2-6 |
98 and 145 |
|
|
|
31-23.2-6. Transfer
of vehicle. – (a) Any sales agreement
for the transfer of a motor vehicle between persons as defined in this
chapter shall contain the words "both buyer and seller have examined the
title certificate of this motor vehicle and it correctly reflects the mileage
as it appears on the odometer" which shall be placed conspicuously and
prominently on the agreement. (b)
It shall be unlawful for any person to transfer ownership of a motor vehicle
previously registered in this state or a motor vehicle used by a dealer as a
demonstrator unless the person: (1)
Enters on a form prescribed by the department of (2) Enters upon the form "not actual
mileage" in the event that the odometer mileage is known to the person
to be less than the motor vehicle has actually traveled; or
(3) Enters the total cumulative mileage on the form in the event that it is
known that the mileage indicated on the odometer is beyond its designated
mechanical limits;
(4) Enters the same information as set forth in subdivisions (1) through (3)
of this subsection on the owner's
title certificate; and
(5) The owner of a motor vehicle shall supply its mileage upon the annual
renewal registration form supplied by
the division of motor vehicles. (c)
It shall be a violation of this chapter for any person to give a false
statement to a transferee under the
provisions of this section; provided, however, that no person shall be in
violation of this chapter where a vehicle has been resold in reliance on the
required statement of the prior owner made pursuant to this section.
(d) No motor vehicle, previously registered in another state, shall be
registered for use in this state unless the application for a certificate of
title in Rhode Island is accompanied by
the prior owner's certificate of title and a form as set forth in
subdivision (b)(1) of this section.
(e) The certificate of title of the motor vehicle issued to the new owner by
the state of
(1) Be printed using a process determined by the director to be the most
efficient and effective means of avoiding unauthorized duplication;
(2) Indicate on its face the mileage required to be disclosed by the
transferor under subsections (b)(1)
and (d) of this section; and
(3) Contains a space for the transferee to disclose the mileage at the time
of any future transfer and to sign and date the disclosure.
(f) No registration card may be issued in this state for any motor vehicle
unless:
(1) The application for the registration card contains the prior owner's most
recent registration card and the prior owner's title; and
(2) The new registration card contains such information as
provided on the application. |
|
430) |
Section |
Amending Chapter Numbers: |
|
|
31-25-1 |
98 and 145 |
|
|
|
31-25-1. Compliance
with chapter required. – (a)
(1) Except in reference to §§ 31-25-16 and 31-25-27 where it shall be
considered a violation, it is a civil violation for any carrier to drive or
move or to cause or permit to be driven or moved on any highway any vehicle
or vehicles
of a size or weight exceeding the limitations stated in this chapter or
otherwise in violation of this chapter, and the maximum size and weight of
vehicles specified in this chapter shall be lawful throughout this state.
Local authorities shall have no power or authority to alter the limitations
except as express authority may be granted in this chapter. (2) "Carrier"
includes any company or person who furthers their commercial or private enterprise
by use of the vehicle. (b)
The director of the department of |
|
431) |
Section |
Amending Chapter Numbers: |
|
|
31-25-6 |
98 and 145 |
|
|
|
31-25-6. Maximum
number and length of coupled vehicles. – (a)
No combination of vehicles coupled together shall consist of more than three
(3) units, a truck-tractor, semi-trailer, and trailer. The combination of
vehicles shall not be restricted in overall length, except that when a
truck-tractor, semi-trailer, and a trailer are used in combination, the
trailer or semi-trailer each shall not exceed twenty-eight and one-half feet
(28' 6"), excluding bumpers and accessories. Provided,
however, that combinations of vehicles consisting of three (3) units shall be
permitted to operate only on the interstate highway system and on those
highways, streets, and roads designated by the director of the department of (b)
Combinations of vehicles consisting of truck-tractor and semi-trailer coupled
together shall not be restricted in overall length, and semi-trailers shall
not exceed fifty-three feet (53') in length, excluding bumpers and
accessories. Semi-trailers exceeding forty-eight and one-half feet (48'
6") shall be permitted to operate only on the interstate highway system
and on those highways, streets and roads designated by the director of the
department of |
|
432) |
Section |
Amending Chapter Numbers: |
|
|
31-25-21 |
98, 145, 230 and
410 |
|
|
|
31-25-21. Power
to permit excess size or weight of loads. – (a) The department of in
conformity with the provisions of chapters 1 – 27 of this title upon any
highway under the jurisdiction of the party granting the permit and for the
maintenance of which the party is responsible. Permits which have been issued
for a full year shall not be required to be renewed for the period of time
for which payment has been made and the application and other required
documentation has been completed and filed. Provided, that neither the
department of (b)
The director of the department of jurisdictions
entering into the agreement. (c) Trip
permit fee. A fee of twenty dollars ($ 20.00) shall be paid to the division
of motor vehicles for the issuance of each non-reducible vehicle or load
permit. (d)
Annual fee. A fee of one hundred dollars ($100) paid to the division of motor
vehicles shall exempt the payor from the necessity of paying trip permit fees
as found in subsection (c) of this section. However, payment of the fee shall
not be deemed to authorize non-compliance with the rules and regulations
promulgated by the department of (e)
Blanket permits may be issued, as determined by the department of (d) of this
section. The permits may not exceed one year and shall be limited to a
maximum overall length of seventy-five feet (75') and maximum overall width
of eleven feet, eleven inches (11'11"). |
|
433) |
Section |
Amending Chapter Numbers: |
|
|
31-25-22 |
98 and145 |
|
|
|
31-25-22. Application
for excess load permit. – (a) The
application for an excess load permit pursuant to § 31-25-21 shall
specifically describe the vehicle or vehicles and load to be operated or
moved, and the particular highways for which the permit to operate is
requested and whether the permit is requested for a single trip or for
continuous operation. (b) For
continuous operation of divisible loads, specifically described vehicle or
vehicles must be certified originally by the manufacturer of them to possess
the braking and carrying capacity for the weight specified on the
application. (c)
Upon approval of the application or renewal of divisible load permits, the
department of |
|
434) |
Section |
Amending Chapter Numbers: |
|
|
31-25-23 |
98 and 145 |
|
|
|
31-25-23. Conditions
and restrictions on excess load permits. – (a)
The department of (b)
Whenever a permit is issued by the department of a (c)
Upon re-registration of the subject vehicle, permits shall be issued by the department
of |
|
435) |
Section |
Amending Chapter Numbers: |
|
|
31-25-27.1 |
98 and 145 |
|
|
|
31-25-27.1. Weight
restrictions on the (b)
The director of the department of (c) The
following vehicles shall be exempt from the provisions of this section:
vehicles of a fire department, police vehicles, corrections vehicles,
ambulances, emergency vehicles, state vehicles, municipal vehicles, vehicles
of the Rhode Island public transit authority, marked school administration
vehicles, and delivery vehicles whose destination is addressed on the
parkway. (d)
The department of |
|
436) |
Section |
Adding Chapter Numbers: |
|
|
31-25-30 |
9 and 55 |
|
|
|
31-25-30. Axle restriction on the (b) The director
of the department of transportation is directed to post signs to limit access
as prescribed in subsection (a) of this section. (c) The following
vehicles shall be exempt from the provisions of this section: any and all
emergency vehicles, state vehicles, municipal vehicles, and (d) For the
purposes of this section, "carrier" means and includes any company
or person who furthers their commercial or private enterprise by use of the
vehicle. (e) Any carrier
operating a vehicle or combination of vehicles in violation of this section
shall be fined three thousand dollars ($3,000) for the first offense, not to
exceed five thousand dollars ($5,000) for each and every subsequent offense. (f) Nothing in this
provision shall waive or modify existing weight restrictions on the bridges
as defined in section 31-25-27. |
|
437) |
Section |
Amending Chapter Numbers: |
|
|
31-28-7 |
98 and 145 |
|
|
|
31-28-7. Motor
vehicle plates for persons with disabilities – Entitlement – Designated
parking spaces – Violations. – (a) Persons,
as defined in subsection (h) of this section, upon application and proof of
permanent or long-term disability to the division of motor vehicles, shall be
issued one motor vehicle disability parking privilege placard or in the case
of a motorcycle, one motor vehicle sticker, of blue which shall be imprinted
with the white international
symbol of access, certificate number, the words "Rhode Island Disability
Parking Permit" and shall bear the expiration date upon its face. A
placard or motorcycle sticker issued to a person whose disability is temporary
shall be substantially similar to that issued to a person with a permanent or
long term disability. The temporary placard, however, shall be a red placard
with a white international symbol of access, certificate number, the words
"Rhode Island Disability Parking Permit" and shall bear the
expiration dates upon its face. Persons issued a placard or motorcycle
sticker pursuant to this section shall be entitled to the immunities of §§
31-28-4 and 31-28-6.
The placard shall conform to the Uniform Parking System for Disabled Drivers
standard issued by the United States Department of Transportation. If an
application for a placard or motorcycle sticker is denied, the division of
motor vehicles shall promptly notify the applicant in writing, stating the specific
reason(s) for the denial, and advising the applicant of the procedures for
requesting a hearing to appeal the denial. Prior to the appeal hearing, the
applicant shall be provided
with any and all documents relied upon by the division in denying the
application. If an application contains a physician certification that the
applicant is sufficiently disabled to require a placard
or motorcycle sticker, and the division has not provided specific reasons in
its denial letter to the applicant, the hearing officer shall summarily order
that a placard or motorcycle sticker be provided to the applicant. At all
other hearings of application denials where a physician certification has
been provided, the division shall bear the burden of proof that the individual
is not entitled to a placard or motorcycle sticker pursuant to this chapter. (b) A
placard issued pursuant to this section shall be portable and used only when
the person is being transported. The placard is to be hung from the rear view
mirror so as to be seen through the front or rear windshield of the motor
vehicle. A placard may be issued to a person with a disability who does not
own a motor vehicle, to be used only when he or she is being transported. A
motorcycle sticker issued pursuant to this section shall not be portable and
shall be affixed to the rear plate of the motorcycle. (c)
(1) The certificate of entitlement to the placard or motorcycle sticker
shall be renewed every three (3) years for individuals with a long-term
disability, as defined in subsection (d) of this section, and the renewal
application shall require a physician's certification that the condition has
not changed since the previous approval, and three (3) years for individuals
with a permanent disability as defined in subsection (h) of this section, in
accordance with a schedule prepared by the division of motor vehicles that
uses the last name of an individual to determine the month of renewal. If an
application or subsequent renewal is accompanied by a physician's certification
that
the applicant's condition is a chronic, permanent impairment and that
application is approved, then any subsequent renewal shall be authorized upon
receipt of a notarized affidavit from the applicant or applicant's, guardian
or legal representative or a certificate from the applicant's physician that
his or her condition has not changed since the previous approval. (2) The
certificate of entitlement to the placard or motorcycle sticker shall be
covered with plastic or similar material. The applicant shall, upon timely
renewal, receive a sticker bearing the expiration date of the certificate of
entitlement to be affixed across the expiration date of the disability
parking privilege placard or in the case of a motorcycle the applicant shall
receive a new motorcycle sticker. The division of motor vehicles shall
establish rules and regulations allowing for the renewal of the certificates
of entitlement by mail. (3) Whenever
the division of motor vehicles proposes to suspend, revoke or fail to renew
the certificate of entitlement for noncompliance with the requirements of
this section or for violation
of subsection (h) of this section, the individual shall first be entitled to
a hearing before the division of motor vehicles to contest the proposed
action. At the hearing, the division of motor vehicles shall bear the burden
of proof that the individual is not entitled to the placard or motorcycle
sticker pursuant to this chapter. There shall be no renewal fee charged for
the placards or motorcycle sticker. The division of motor vehicles shall be
authorized to issue a temporary disability
parking privilege placard or motorcycle sticker immediately upon receipt of
an application for individuals with a temporary impairment, as defined in subsection
(h) of this section. A temporary placard or motorcycle sticker shall be valid
for sixty (60) days from the date of issuance. Temporary placards or
motorcycle stickers may be renewed for a period of one year or less, as
determined by the medical advisory board upon application if the disability
persists. The
division of motor vehicles shall subsequently review the applications in
accordance with the procedures currently in effect as to applications from
persons whose disability is long term. Any issuance
which, after subsequent review, shall be found to be inappropriate shall be
revoked and notice of the revocation shall be sent to the applicant. (d) A
person, other than a person with a disability, who for his or her own
purposes uses the parking privilege placard, shall be fined five hundred
dollars ($ 500) for each violation. A person issued a special placard who
uses the placard after expiration, or who shall allow unauthorized use of the
disability parking placard or sticker, may be subject to immediate revocation
of the use of the placard by the division of motor vehicles, and subject to a
fine of five hundred dollars ($ 500). (e) Disability
parking spaces shall be designated and identified by the posting of signs
above ground level incorporating the international symbol of access of white
on blue, and the words "Handicapped Parking", "Disability
Parking," "Disabled Parking," or "Reserved Parking"
at each space, at both ends of a row or series of adjacent disability parking
spaces, or at the entrance to a parking lot restricted to only disability
parking. (f) A
person, other than a person issued a special placard or motorcycle sticker
pursuant to this section, who parks a vehicle in a parking space designated
for persons with disabilities, shall be fined: (1) one hundred dollars ($
100) for a first violation, (2) one hundred seventy-five dollars ($ 175) for
a second violation, and (3) three hundred twenty-five dollars ($ 325) for a
third or subsequent violation. The vehicle may be subject to towing at the
owner's expense. Provided further, that it shall not be unlawful for a person
to park a vehicle in a space designated for person with disabilities if that
person is transporting a person who has been issued a special placard and is
properly displaying the placard on the vehicle. (g) Enforcement
of the parking provisions of this section shall be enforced by the local or
state authorities on public or private property when the location of the
parking spaces is within the purview of the State Building Code, chapter 27.3
of title 23. (h) Definitions.
For the purpose of this section: (1)
"Disabled" or "disability" means a permanent or long-term
impairment which prevents or impedes walking, which shall include but not be
limited to: (i) an impairment which prevents walking and requires use of a
wheelchair; (ii) an impairment which involuntarily causes difficulty or
insecurity in walking or climbing stairs with or without the need to use
braces, crutches, canes or artificial support; (iii) an impairment caused by
amputation, arthritis, blindness (including
legally blind), or orthopedic condition; or (iv) an impairment in
respiratory, circulatory, or neurological health which limits the person's
walking capability. Persons with disabilities may be capable of working or
may be presently working. (2) "Long-term
disability" means an impairment which is potentially reversible or may
improve with appropriate medical treatment. At the time of application and or
renewal, the impairment should not be expected to improve prior to the
expiration of the certification, to a point where the individual does not
meet the provisions of subdivision (1) of this subsection. (3) "Permanent
disability" means an impairment which is non-reversible. (4) "Temporary
impairment" means an impairment which is expected to improve to a point
where the individual does not meet the provisions of subdivision (1) of this
subsection, within two (2) years of the application. (i)
The department of |
|
438) |
Section |
Amending Chapter Numbers: |
|
|
31-36-1 |
98 and 145 |
|
|
|
31-36-1. Definitions.
– Terms in this chapter and chapter
37 of this title are construed as follows: (1) "Administrator"
means the tax administrator. (2) "Distributor"
includes any person, association of persons, firm, or corporation, wherever
resident or located, who shall import or cause to be imported into this
state, for use or for sale, fuels, and also any person, association of
persons, firm or corporation who shall produce, refine, manufacture, or
compound fuels within this state. (3) "Filling
station" includes any place, location, or station where fuels are
offered for sale at retail. (4) "Fuels"
includes gasoline, benzol, naphtha, and other volatile and inflammable
liquids (other than lubricating oils, diesel fuel for the propulsion of
marine craft, fuels used for the propulsion of airplanes, oils used for
heating purposes, manufactured and organically produced biodiesel fuels that
results in employment in Rhode Island at a manufacturing facility for
organically produced biodiesel fuel), used or suitable for use for operating
or propelling motor vehicles with internal combustion engines. This does not
include benzol and naphtha sold or used for a purpose other than for the
operation or propulsion of motor vehicles. Any article or product represented
as gasoline for use in internal combustion type engines, used in motor
vehicles, shall be equal to or better in quality and specification than that
known as " (5) "Investigator
and examiner" means any person appointed by the tax administrator to act
as an investigator and examiner. (6) "Owner"
includes any person, association of persons, firm, or corporation offering
fuels for sale at retail. (7) "Peddlers"
means any person, association of persons, firm or corporation, except a
distributor as defined in this chapter, who shall distribute gasoline by tank
wagon in this state. (8) "Public
highways" includes any state or other highway and any public street,
avenue, alley, park, parkway, driveway, or public place in any city or town. (9) "Pump"
includes any apparatus or machine for raising, driving, exhausting, or
compressing fluids, and used in the sale and distribution of fuels. (10) "Purchaser"
includes any person, association of persons, firm, or corporation, wherever
resident or located, who purchases fuels from a distributor, for use or
resale, and any person, association of persons, firm or corporation who
purchases from a distributor, gasoline or other volatile and inflammable
liquids (other than lubricating oils and oils used for heating purposes) for
use other than for propelling motor vehicles. (11) "Retail
dealer" means any person, association of persons, firm, or corporation
operating a filling station as herein defined in this chapter for the sale or
dispensing of motor fuel by delivery into service tank or tanks of any
highway motor vehicle which is propelled by an internal combustion motor,
other than the highway motor vehicle belonging to the person owning or
operating the place of business; provided, however, that sales by a
manufacturer or distributor shall not constitute them retail dealers. (12)
"State highways" includes only those public highways or those parts
of them that shall be constructed or maintained by the department of |
|
439) |
Section |
Amending Chapter Numbers: |
|
|
31-36.1-9 |
98 and 145 |
|
|
|
31-36.1-9. Enforcement
powers of the administrator. – (a) The
administrator may, in the enforcement of this chapter, hold hearings and take
testimony, and for those purposes may issue subpoenas and compel attendance
of witnesses, and may conduct investigations which the administrator deems
necessary. (b)
The tax administrator is authorized to avail him or herself of the services
of the state police, the department of revenue, and the public utilities commission in
enforcing the provisions of this chapter. |
|
440) |
Section |
Amending Chapter Numbers: |
|
|
31-38-2 |
98, 145, 249 and
311 |
|
|
|
31-38-2. Inspection
by any proper officer. – (a) The director
of the department of revenue may designate, may at any time require the seller at
retail or driver of the vehicle to stop and submit the vehicle to an
inspection and test with reference to it as may be appropriate. (b)
In the event the vehicle is found to be in unsafe condition or any required
part or equipment is not in proper repair and adjustment, the officer shall
give a written notice to the seller at retail or driver and shall send a copy
to the director of the department of revenue. The notice shall require that the vehicle be placed in
safe condition and its equipment in proper repair and adjustment, specifying
the particulars with reference to it, and that the notice be approved within
five (5) days. (c)
The director of the department of |
|
441) |
Section |
Amending Chapter Numbers: |
|
|
31-38-3 |
98 and 145 |
|
|
|
31-38-3. Owners
and drivers to comply with inspection laws. – (a) No seller at retail or person driving a vehicle shall
refuse to submit the vehicle to an inspection and test as required by §
31-38-2. (b)
Every seller at retail, owner, or driver, upon receiving a notice as provided
in § 31-38-2, shall comply with it and shall within five (5) days forward the
approved notice to the department of (c)
Any vehicle which is found to be in such unsafe condition as to the brakes,
steering, or other equipment as to be hazardous to permit it to be sold or
driven from the place of inspection, then the vehicle shall not be permitted
to be operated under its own power. The registration shall be immediately
suspended by the department of |
|
442) |
Section |
Amending Chapter Numbers: |
|
|
31-38-4 |
98 and 145 |
|
|
|
31-38-4. (2)
The inspections shall be made and the certificates obtained with respect to
the mechanism, brakes, and equipment of the vehicle as shall be designated by
the director of department of (3)
The director of the department of inspection
and approval, or shall produce these certificates upon demand of any proper
officer or employee of the department of purchased
for the purpose of insuring against any damage sustained to a vehicle while
under the control of the inspection facility. (b)
The director of the department of (c)
The director of the department of as
required in this chapter or for which a required certificate of inspection
and approval has not been obtained. (d)
The director of the department of |
|
443) |
Section |
Amending Chapter Numbers: |
|
|
31-38-6 |
98 and 145 |
|
|
|
31-38-6. Appointment
of official inspection stations. – (a)
For the purpose of making inspections and issuing official certificates of
inspection and approval as provided in this chapter, the director of the
department of (b)
Application for the permit set forth in subsection (a) of this section shall
be made upon an official form and shall be granted only when the director of
the department of and
has competent personnel to make the inspections and adjustments, and will be
properly conducted. The director of the department of (c)
The director of the department of properly
equipped or has violated any of the conditions of his or her permit of
inspection. The director of the department of permits
and of those whose permits have been suspended or revoked. (d)
The permits shall be issued for a period of one year and upon payment to the
director of the department of (e)
The director of the department of |
|
444) |
Section |
Amending Chapter Numbers: |
|
|
31-38-7 |
98 and 145 |
|
|
|
31-38-7. Operation
of official stations. – (a) No permit
for an official station shall be assigned or transferred or used at any
location other than designated in it, and the permit shall be posted in a
conspicuous place at the designated location. (b)
The state certified person operating an official inspection station shall
issue a certificate of inspection and approval upon an official form to the
owner of a vehicle upon inspection of the vehicle and determining that its
equipment required under the provisions of this chapter is in good condition
and proper adjustment, otherwise, no certificate shall be issued. A record
and report shall be made of every inspection and every certificate issued.
The records shall be kept available for review by the motor vehicle
inspection station commission or those employees of the department of (c) The
following fees shall be charged for inspection and issuance of certificate of
inspection and approval: (1) For
every vehicle with a registered gross weight of not more than eight thousand
five hundred pounds (8,500 lbs.), the fee shall be included with the fee
charged pursuant to § 31-47.1-11; (2) For
every vehicle of a registered gross weight of more than eight thousand five
hundred pounds (8,500 lbs.) or more, except trailers, fifteen dollars ($
15.00); (3) For
every motorcycle and electrically powered vehicle, eleven dollars ($ 11.00); (4) For
every trailer or semi-trailer with a registered gross weight of more than one
thousand pounds (1,000 lbs.), eleven dollars ($ 11.00); and (5) Provided
that for the inspection of vehicles used for the transportation of persons
for hire, as provided in § 31-22-12, and subject to an inspection pursuant to
chapter 47.1 of this title, the
fee shall be included with the fee charged pursuant to § 31-47.1-11. (d)
The director of the department of otherwise provided
for by the director, or any other vehicles which in the opinion of the
director of |
|
445) |
Section |
Amending Chapter Numbers: |
|
|
31-38-8 |
98 and 145 |
|
|
|
31-38-8. Improper
representation as official station. – (a) No person shall in any manner represent any place as an official
inspection station unless the station is operating under a valid permit
issued by the director of the department of |
|
446) |
Section |
Amending Chapter Numbers: |
|
|
31-38-10 |
98 and 145 |
|
|
|
31-38-10. Grounds
for denial, suspension, or revocation of permit. – The director may deny an application for a permit or
suspend or revoke a permit after it has been granted for any of the following
reasons: The
director may deny an application for a permit or suspend or revoke a permit
after it has been granted for any of the following reasons: (1) On
proof of unfitness of the applicant to do business as a motor vehicle
inspection station; (2) For
any misstatement by the applicant in the application for the permit; (3)
For any failure to comply with the provisions of this section or with any
rule or regulation promulgated by the director of the department of (4)
For defrauding any customer; (5) For dismantling any vehicle for repair
without the authorization of the owner; (6) For refusal to surrender any vehicle to
its owner upon tender of payment of the proper charges for towing andoor work
done on the vehicle; (7) For having indulged in any
unconscionable practice relating to the business as a motor vehicle
inspection station; (8) For willful failure to perform work as
contracted for; (9) For failure to comply with the safety
standards of the industry; (10) For failure to properly equip andoor
conduct the inspection station; (11) For failure to pay the required fees
as provided in this chapter;
(12) For providing an inspection sticker to a motor vehicle which is
equipped with a sunscreening device which does not comply with the provisions
of chapter 23.3 of this title. |
|
447) |
Section |
Amending Chapter Numbers: |
|
|
31-38-11 |
98 and 145 |
|
|
|
31-38-11. Penalty
for violation. – Any
person violating any of the provisions of §§ 31-38-1 – 31-38-10 of this
chapter, or of the rules and regulations established by the director of the
department of |
|
448 |
Section |
Amending Chapter Numbers: |
|
|
31-38-12 |
98 and 145 |
|
|
|
31-38-12. Fee
for inspection certificates. – (a)
The director of the department of treasurer
to be deposited in the general funds of the state. (b)
Unused inspection stickers purchased by inspection stations shall be
re-purchased by the state if returned in good condition to the director of
the department of |
|
449) |
Section |
Amending Chapter Numbers: |
|
|
31-38-13 |
98 and 145 |
|
|
|
31-38-13. Fleet
operators. – Every person
who shall provide maintenance facilities for the servicing of vehicles used
in his or her business, except licensed motor vehicle dealers, which
facilities shall be approved by the director of the department of |
|
450) |
Section |
Amending Chapter Numbers: |
|
|
31-38-14 |
98 and 145 |
|
|
|
31-38-14. Vehicles
exempt from inspections. – (a) The
following vehicles shall be exempt from inspections: (1)
All trailers or semi-trailers having a gross weight of one thousand pounds
(1,000 lbs.) or less; (2)
Any special mobile equipment which is not required to be registered; and (3)
Vehicles that are limited in their scope of operation as determined by the
director of the department of |
|
451) |
Section |
Amending Chapter Numbers: |
|
|
31-38-15 |
98 and 145 |
|
|
|
31-38-15. Motor
vehicle inspection commission. – (a)
Within the department of (b) The
tenure of all members of the commission as of the effective date of this act
[March 29, 2006] shall expire on the effective date of this act [March 29,
2006], and the governor shall nominate seven (7) new members as follows: (1) The
governor shall appoint seven (7) members of the commission; three (3) of whom
shall serve initial terms of three (3) years; two (2) of whom shall serve an
initial term of two (2) years;
and two (2) of whom shall serve an initial term of one year. (2) Thereafter,
all members of the commission shall be appointed to serve three (3) year
terms. (c) The
governor shall designate one member of the commission to serve as
chairperson. The commission may elect from among its members such other
officers as they deem necessary. (d) No
person shall be eligible for appointment to the commission after the effective
date of this act [March 29, 2006] unless he or she is a resident of this
state. (e) Four
(4) members of the commission shall constitute a quorum. (f) Members
of the commission shall be removable by the governor pursuant to the
provisions of § 36-1-7 of the general laws and for cause only, and removal
solely for partisan or personal reasons unrelated to capacity of fitness for
the office shall be unlawful. (g) Within
ninety (90) days after the end of each fiscal year, the commission shall
approve and submit an annual report to the governor, the speaker of the house
of representatives, the president of the senate, and the secretary of state
of its activities during that fiscal year. The report shall provide: an
operating statement summarizing meetings or hearings held, including meeting
minutes, subjects addressed, decisions rendered, licenses considered and
their disposition,
rules or regulations promulgated, studies conducted, policies and plans
developed, approved or modified and programs administered or initiated; a
consolidated financial statement of
all funds received and expended including the source of the funds, a listing
of any staff supported by these funds and a summary of any clerical,
administrative or technical support received; a summary of performance during
the previous fiscal year including accomplishments, shortcomings and
remedies; a synopsis of hearings, complaints, suspensions or other legal
matters related to the authority of the commission; a summary of any training
courses held pursuant to the provisions of this section; a briefing on
anticipated activities in the upcoming fiscal year; and findings and
recommendations for improvements. The report shall be posted electronically
on the general
assembly and secretary of state's websites as prescribed in § 42-20-8.2. The
director of the department of (h)
To conduct a training course for newly appointed and qualified members within
six (6) months of their qualification or designation. The course shall be
developed by the chair of the commission, approved by the commission, and
conducted by the chair of the commission. The commission may approve the use
of any commission or staff members or other individuals to assist with
training. The training course shall include instruction in the following
areas: the provisions of chapters 42-46, 36-14, and 38-2; and the
commission's rules and regulations. The director of the department of date of this act
[March 29, 2006], prepare and disseminate training material relating to the
provisions of chapters 42-46, 36-14, and 38-2. |
|
452) |
Section |
Amending Chapter Numbers: |
|
|
31-38-17 |
98 and 145 |
|
|
|
31-38-17. the
procedures set forth in § 42-35-15. (b)
The filing of a petition to review shall not operate as a stay of the order
of the director of |
|
453) |
Section |
Amending Chapter Numbers: |
|
|
31-38-20 |
98 and 145 |
|
|
|
31-38-20. Appropriations
and disbursements. – The
general assembly shall annually appropriate, out of any money not otherwise
appropriated, any sums that it may deem necessary for the purpose of this
chapter. The state controller is authorized and directed to draw his or her
orders upon the general treasurer for the payment of the sum, or so much of
it that may be required from time to time, upon receipt by him or her of properly
authenticated vouchers approved by the director of the department of |
|
454) |
Section |
Amending Chapter Numbers: |
|
|
31-41.1-4 |
9, 100, 241, 249
and 311 |
|
|
|
31-41.1-4.
Schedule of violations. -- (a)
The penalties for violations of the enumerated sections, listed in numerical
order, correspond to the fines described. However, those offenses for which
punishments which may vary according to the severity of the offense, or
punishment which require the violator to perform a service, shall be heard
and decided by the traffic tribunal or municipal court. The following
violations may be handled administratively through the method prescribed in
this chapter. This list is not exclusive and jurisdiction may be conferred on
the traffic tribunal with regard to other violations. VIOLATIONS SCHEDULE 8-8.2-2
DOT, DEM, or other agency and $75.00
department violations 24-10-17
Soliciting rides in motor vehicles 40.00 24-10-18
Backing up prohibited 75.00 24-10-20
Park and ride lots 75.00 24-12-37
Nonpayment of toll 100.00 31-3-12
Visibility of plates 75.00 31-3-18
Display of plates 75.00 31-3-32
Driving with expired registration 75.00 31-3-34
Failure to notify division of change of address 75.00 31-3-35
Notice of change of name 75.00 31-3-40
Temporary plates - dealer issued 75.00 31-4-3
Temporary registration - twenty
(20) day bill of sale 75.00 31-10-10
Rules as to armed forces license 75.00 31-10-30
Driving on expired license 75.00 31-10-32
Notice of change of address 75.00 31-10.1-4
No motorcycle helmet (operator) 60.00 31-10.1-5
Motorcycle handlebar violation 75.00 31-10.1-6
No motorcycle helmet (passenger) 75.00 31-10.1-7
Inspection of motorcycle required 75.00 31-12-12
Local motor vehicle ordinance 75.00 31-13-04
Obedience to devices 75.00 31-13-6(3)(i)
Eluding traffic light 75.00 31-13-09
Flashing signals 75.00 31-13-11
Injury to signs or devices 75.00 31-14-1
Reasonable and prudent speed 85.00 31-14-03
Condition requiring reduced speed 85.00 31-14-09
Below minimum speed 85.00 31-14-12
Speed limit on bridges and structures 85.00 31-15-1
Leaving lane of travel 75.00 31-15-2
Slow traffic to right 75.00 31-15-3
Operator left of center 75.00 31-15-4
Overtaking on left 75.00 31-15-5(a)
Overtaking on right 75.00 31-15-6
Clearance for overtaking 75.00 31-15-7
Places where overtaking prohibited 75.00 31-15-8
No passing zone 75.00 31-15-9
One way highways 75.00 31-15-10
Rotary traffic islands 75.00 31-15-11
Laned roadway violation 75.00 31-15-12
Following too closely 75.00 31-15-12.1
Entering intersection 31-15-13
Crossing center section of divided
highway 75.00 31-15-14
Entering or leaving limited access
roadways 75.00 31-15-16
Use of emergency break-down lane
for travel 75.00 13-15-17
Crossing bicycle lane 75.00 31-16-1
Care in starting from stop 75.00 31-16-2
Manner of turning at intersection 75.00 31-16-4
U turn where prohibited 75.00 31-16-5
Turn signal required 75.00 31-16-6
Time of signaling turn 75.00 31-16-7
Failure to give stop signal 75.00 31-16-8
Method of giving signals 75.00 31-16.1-3
Diesel vehicle idling rules
first offense not to exceed 100.00
second and subsequent offense not
to exceed 500.00 31-17-1
Failure to yield right of way 75.00 31-17-2
Vehicle turning left 75.00 31-17-3
Yield right of way (intersection) 75.00 31-17-4
Obedience to stop signs 75.00 31-17-5
Entering from private road or driveway 75.00 31-17-8
Vehicle within right of way, rotary 75.00 31-17-9
Yielding to bicycles on bicycle lane 75.00 31-18-3
Right of way in crosswalks 75.00 first
violation $100.00 second violation or any subsequent
violation 31-18-5
Crossing other than at crosswalks 75.00 31-18-8
Due care by drivers 75.00 31-18-12
Hitchhiking 75.00 31-18-18
Right of way on sidewalks 75.00 31-19-3
Traffic laws applied to bicycles 75.00 31-19-20
31-19-21
31-19.1-2
Operating motorized bicycle on an
interstate highway 75.00 31-19.2-2
Operating motorized tricycle on an
interstate highway 75.00 31-20-1
Failure to stop at railroad crossing 75.00 31-20-2
Driving through railroad gate 75.00 31-20-9
Obedience to stop sign 75.00 31-21-4
Places where parking or stopping
prohibited 75.00 31-21-14
Opening of vehicle doors 45.00 31-22-2
Improper backing up 75.00 31-22-4
Overloading vehicle 75.00 31-22-5
Violation of safety zone 75.00 31-22-6
Coasting 75.00 31-22-7
Following fire apparatus 75.00 31-22-8
Crossing fire hose 75.00 31-22-9
Throwing debris on highway –
snow removal 75.00 31-22-11.5
Improper use of school bus –
not to exceed five hundred dollars
($500) for each day of improper use 31-22-22(a)
No child restraint 75.00 31-22-22(a)
Child restraint/seat belt but not in
any rear seating position 75.00 31-22-22(b),
(f) No seat belt - passenger 75.00 31-22-22(g)
No seat belt - operator 75.00 31-22-23
Tow trucks - proper identification 275.00 31-22-24
Operation of interior lights 75.00 31-23-1(b)(2)
motor carrier safety rules and regulations
Not less than $25.00 or more than $500.00 31-23-1(e)(6)
Removal of an "out of service vehi-
cle" sticker 125.00 31-23-1(e)(7)
Operation of an "out of service ve-
hicle" 100.00 31-23-4
Brake equipment required 75.00 31-23-8
Horn required 75.00 31-23-10
Sirens prohibited 75.00 31-23-13
Muffler required 75.00 31-23-13.1
Altering height or operating a mo-
tor vehicle with an
altered height 75.00 31-23-14
Prevention of excessive fumes or
smoke 75.00 31-23-16
Windshield and window stickers
(visibility) 75.00 31-23-17
Windshield wipers 75.00 31-23-19
Metal tires prohibited 75.00 31-23-20
Protuberances on tires 75.00 31-23-26
Fenders and wheel flaps required 75.00 31-23-27
Rear wheel flaps on buses, trucks
and trailers 75.00 31-23-29
Flares or red flag required over
four thousand pounds (4,000 lbs.) 75.00 31-23-40
Approved types of seat belt re-
quirements 75.00 31-23-42.1
Special mirror - school bus 75.00 31-23-43
Chocks required (1 pair) - over
four thousand pounds (4,000 lbs.) 75.00 31-23-45
Tire treads - defective tires 75.00 31-23-47
Slow moving emblem required 75.00 31-23-49
Transportation of gasoline – pas-
senger vehicle 75.00 31-23-51
Operating bike or motor vehicle
wearing ear phones 60.00 (first offense)
70.00 second offense 140.00 for the
third and each subsequent offense 31-24-1
Times when lights required 75.00 through
31-24-54
31-25-03
Maximum width of one hundred
and two inches (102") exceeded 75.00 31-25-04
Maximum height of one hundred
sixty-two inches (162") exceeded 75.00 31-25-06
Maximum number and length of
coupled vehicles 500.00 31-25-07
Load extending three feet (3')
front, six feet (6') rear exceeded 75.00 31-25-9
Leaking load 75.00 31-25-11
Connections between coupled vehicles 75.00 31-25-12
Towing chain, twelve inch (12")
square flag required 75.00 31-25-12.1
Tow truck - use of lanes (first
offense) 50.00
second offense 75.00
100.00 for the third and each subse-
quent offense 31-25-14(d)(1)
Maximum weight and tandem ax-
les 125.00 31-25-14(d)(2)
Maximum weight and tandem ax-
les 125.00 31-25-14(d)(3)
Maximum weight and tandem ax-
les 125.00 31-25-16(c)(2)
Maximum weight shown in regis-
tration 65.00 per thousand lbs. overweight or
portion thereof. 31-25-16(c)(3)
Maximum weight shown in regis-
tration 125.00 per thousand lbs. overweight or
portion thereof. 31-25-16(c)(4)
Maximum weight shown in regis-
tration 1,025.00 plus
$125.00 per thousand pounds overweight or
portion thereof. 31-25-17
Identification of trucks and truck-
tractors (first offense) 50.00
(second offense) 75.00
125.00 for the third and subsequent offenses 31-25-24
Carrying and inspection of excess
load limit 175.00 31-27-2.3
Refusal to take preliminary breath
test 75.00 31-28-7(d)
Wrongful use of handicapped
parking placard 500.00 31-28-7(f)
Handicapped parking space viola-
tion:
First offense 100.00
Second offense 175.00
Third offense and subsequent offenses 325.00 31-28-7.1(e)
Wrongful use of institutional
handicapped parking placard 125.00 31-33-2
Failure to file accident report 45.00 31-36.1-17
No fuel tax stamp (out-of-state)
75.00 and not exceeding ($100) for
subsequent offense 31-38-3
No inspection sticker 75.00 31-38-4
Violation of inspection laws 75.00 31-47.2-06
Heavy-duty vehicle emission in-
spections:
First offense 125.00
Second offense 525.00
Third and subsequent offenses 1,025.00 37-15-7
Littering not less than
55.00
not more than five hundred dollars ($500) 39-12-26
Public carriers violation 300.00 SPEEDING
Fine (A)
One to ten miles per hour (1-10 mph) in
excess of posted speed limit $ 85.00 (B)
Eleven miles per hour (11 mph) in excess of
posted speed limit with a fine of ten
dollars ($10.00) per mile in excess 195.00 of
speed limit shall be assessed. minimum
(b) In addition to any other penalties provided by law, a judge may impose
the following penalties for speeding:
(1) For speeds up to and including ten miles per hour (10 mph) over the
posted speed limit on public highways, a fine as provided for in subsection
(a) of this section for the first offense, ten dollars ($10.00) per mile for
each mile in excess of the speed limit for the second offense if within
twelve (12) months of the first offense, and fifteen dollars ($15.00) per
mile for each mile in excess of the speed limit for the third and any
subsequent offense if within twelve (12) months of the first offense. In
addition, the license may be suspended up to thirty (30) days. (2) For speeds
in excess of ten miles per hour (10 mph) over the posted speed limit on
public highways, a mandatory fine of ten dollars ($10.00) for each mile over
the speed limit for the first offense, fifteen dollars ($15.00) per mile for
each mile in excess of the speed limit for the second offense if within
twelve (12) months of the first offense, and twenty dollars ($20.00) per mile
for each mile in excess of the speed limit for the third and subsequent
offense if within twelve (12) months of the first offense. In addition, the
license may be suspended up to sixty (60) days.
(c) Any person charged with a violation who pays the fine administratively
pursuant to chapter 8.2 of title 8 shall not be subject to any additional
costs or assessments, including, but not limited to, the hearing fee
established in section 8-18-4 or assessment for substance abuse prevention. |
|
455) |
Section |
Amending Chapter Numbers: |
|
|
31-41.1-6 |
1, 98 and 145 |
|
|
|
31-41.1-6.
Hearings. -- (a) Every hearing for the
adjudication of a traffic violation, as provided by this chapter, shall be
held before a judge or magistrate of the traffic tribunal or a judge of the
municipal court, where provided by law. The burden of proof shall be upon the
state, and no charge may be established except by clear and convincing
evidence. A verbatim recording shall be made of all proceedings. The chief
(b) After due consideration of the evidence and arguments, the judge or
magistrate shall determine whether the charges have been established, and
appropriate findings of fact shall be made on the record. If the charges are
not established, an order dismissing the charges shall be entered. If a
determination is made that a charge has been established or if an answer
admitting the charge has been received, an appropriate order shall be entered
in the records of the traffic tribunal.
(c) An order entered after the receipt of an answer admitting the charge or
where a determination is made that the charge has been established shall be
civil in nature, and shall be treated as an adjudication that a violation has
been committed. A judge or magistrate may include in the order the imposition
of any penalty authorized by any provisions of this title for the violation,
except that no penalty for it shall include imprisonment. A judge or
magistrate may order the suspension or revocation of a license or of a
registration in the name of the defendant in accordance with any provisions
of this title which authorize the suspension or revocation of a license or of
a registration, or may order the suspension of the license and the
registration of the defendant for the willful failure to pay a fine
previously imposed. In addition, after notice and opportunity to be heard, a
judge or magistrate may order the suspension of the registration of the
vehicle with which the violation was committed, if the defendant has
willfully failed to pay a fine previously imposed.
(d) A judge or magistrate may, as authorized by law, order a motorist to
attend a rehabilitative driving course operated under the jurisdiction of a
college or university accredited by the state of
(e) Unless a judge or magistrate shall determine that a substantial traffic
safety hazard would result from it, he or she shall, pursuant to the
regulations of the traffic tribunal, delay for a period of thirty (30) days
the effective date of any suspension or revocation of a driver's license or
vehicle registration imposed pursuant to this chapter. However, the
regulations may provide for the immediate surrender of any item to be
suspended or revoked and the issuance of appropriate temporary
documentation to be used during the thirty (30) day period. Any order for
immediate surrender of a driver's license or vehicle registration shall
contain a statement of reasons for it. |
|
456) |
Section |
Amending Chapter Numbers: |
|
|
31-45-2 |
98 and 145 |
|
|
|
31-45-2. Establishment
of regulations. – The
director of the department of |
|
457) |
Section |
Amending Chapter Numbers: |
|
|
31-47-2 |
98 and 145 |
|
|
|
31-47-2. Definitions. -- As used in this chapter the term: (1) "Accident"
or "motor vehicle accident" means any accident involving a motor
vehicle which results in bodily injury to or death of any person, or damage
to the property of any person in excess of five hundred dollars ($ 500). (2) "Administrator" means the
administrator of the division of motor vehicles in the department of |
|
458) |
Section |
Amending Chapter Numbers: |
|
|
31-47-8.1 |
98 and 145 |
|
|
|
31-47-8.1. Verification
of proof of financial security. –
(a) The administrator of the division of motor vehicles shall select
random samples of registrations of motor vehicles subject to this chapter, or
owners of them, for the purpose of verifying whether or not the motor
vehicles have proof of financial security as defined in this chapter. The
administrator of the division of motor vehicles shall verify proof of
financial security by sending requests for verification to the owner and/or
insurer of the randomly selected motor vehicles.(b) In addition to
general random samples of motor vehicle registrations, the administrator
of the division of motor vehicles shall select for verification other random
samples, including, but not limited to, registrations of motor vehicles owned
by persons: (1) Whose
motor vehicle registrations during the preceding four (4) years have been
suspended pursuant to the provisions of this chapter; (2) Who
during the preceding four (4) years have been convicted of violating the
provisions of this chapter while operating vehicles owned by other persons; (3) Whose
driving privileges have been suspended during the preceding four (4) years;
or (4) Who
during the preceding four (4) years acquired ownership of motor vehicles
while the registrations of those vehicles under the previous owners were
suspended pursuant to the provisions of this chapter. (c)
Upon receiving certification from the department of |
|
459) |
Section |
Amending Chapter Numbers: |
|
|
31-47.1-2 |
98 and 145 |
|
|
|
31-47.1-2. Definitions.
– As used in this chapter, unless
the context otherwise indicates, the following terms have the following
meanings: As
used in this chapter, unless the context otherwise indicates, the following
terms have the following meanings: (1) "Authorized
inspection and repair stations (AIRS)" means a facility which has been
authorized by the department to conduct motor vehicle emissions inspections
and re-inspections. (2) "Compliance
certificate" means a written statement, instrument or device indicating
that a motor vehicle complies with the standards and criteria for motor
vehicle emissions inspection. (3)
"Department" means the department of (4) "Motor
vehicle" means every vehicle which is self-propelled and every vehicle
which is propelled by electric power obtained from overhead trolley wires,
but not operated upon rails, except vehicles moved exclusively by human power
and motorized wheelchairs. (5) "Motor
vehicle emissions inspection" means a test of the emissions of air
contaminants from a motor vehicle and any visual and functional checks
related to the emission of air contaminants from a motor vehicle conducted
pursuant to this chapter. (6) "Waiver
certificate" means a written statement, instrument or device indicating
the requirement of compliance with the standards and criteria for motor
vehicle emissions inspection for a particular motor vehicle has been waived. |
|
460) |
Section |
Amending Chapter Numbers: |
|
|
31-47.1-4 |
98 and 145 |
|
|
|
31-47.1-4. Law
enforcement. – Any law
enforcement officer or designee of the director of the department of |
|
461) |
Section |
Amending Chapter Numbers: |
|
|
31-47.2-2 |
98 and 145 |
|
|
|
31-47.2-2. Inspection
requirement. – (a) The administrator of the
division of motor vehicles shall, at the direction of the director of the
department of (b) Motor vehicles
subject to this chapter shall be determined by regulation, and shall
include, but not necessarily be limited to, all diesel powered trucks and
buses of all model years and over eight thousand five hundred pounds (8,500
lbs.) gross vehicle weight rating that operate on the highways of Rhode
Island. (c)
Standards for opacity of emissions shall be promulgated for all subject
vehicles. (d)
In establishing such standards, the administrator shall review standards in
effect in other states in the northeast (e)
Emissions inspections may be performed at roadside or in conjunction with any
safety or weight inspection. (f)
Any motor vehicle which is inspected and found not to comply with the
standards for heavy-duty diesel motor vehicle emissions shall be repaired
within forty-five (45) consecutive calendar days after the inspection so as
to comply with the standards for heavy-duty diesel motor vehicle emissions, or not be operated on the
highways of the state. |
|
462) |
Section |
Amending Chapter Numbers: |
|
|
31-47.2-5 |
98 and 145 |
|
|
|
31-47.2-5. Inspection
fee. – A fee, established in accordance
with the rules and regulations of the department of administering the
motor vehicle inspection program, and other costs provided by law. |
|
463) |
Section |
Amending Chapter Numbers: |
|
|
31-49-4 |
98 and 145 |
|
|
|
31-49-4. Warning
label. – (a) (1) The division of motor
vehicles shall design and adopt a warning label to be affixed to an ignition
interlock system on installation. The warning label shall state that a person
tampering with, circumventing, or otherwise misusing the ignition interlock
system is guilty of a misdemeanor, and on conviction, is subject to a fine up
to five hundred dollars ($ 500), or one year imprisonment, or both. (2) If
the court imposes the use of an ignition interlock system, the sentencing
judge shall cause an appropriate notation to be made on the person's record
which clearly sets forth the requirement for and the period of the use of the
system. (b)
In addition to the requirements of subsection (a) of this section, the court
shall: (1)
Require proof of the installation of the system and periodic reporting by the
person for the purpose of verification of the proper operation of the system;
and (2)
Require the person to have the system monitored for the proper use and
accuracy by a person, firm, corporation or other association to be approved
by the department of |
|
464) |
Section |
Adding Chapter Numbers: |
|
|
33-11-51 |
298 and 314 |
|
|
|
33-11-51.
Survival of child support obligations -- Enforcement of claims -- Child
support public policy. – (a) It is
the public policy of the state of Rhode Island that dependent children shall
be maintained and supported, as completely as possible, from the resources of
their parents thereby relieving or avoiding, to the fullest extent, the
burden borne by the citizens of the state. (b)
In furtherance of said policy and not withstanding any conflicting statute or
prior case law, it is declared that a parent's legally enforceable obligation
to pay child support, past and future: (1)
continues until the child's eighteenth (18th) birthday or such later date or
event set forth in the family court's decree of child support; (2)
is not extinguished by but survives the parent's death; (3)
is enforceable as a priority creditor's claim from the deceased parent's
probate estate; (4)
is enforceable by imposition of a constructive trust over the deceased
parent's non-probate assets by equity petition in the superior court to the
extent of any deficiency from the deceased parent's probate estate; (5)
takes precedence over and must be satisfied prior to any distribution of the
deceased parent's probate assets by intestacy or by will; and (6)
cannot be nullified by disinheriting the child, however, a parent may
exercise testamentary discretion and disinherit a child subject to the prior
satisfaction of all his or her child support obligations, accrued and future. (c)
The family court may modify child support obligations only for a substantial
change in circumstances while the child is a minor and the parent with the
obligation to support the child is alive. After said parent's death, the
probate or superior court, as the case may be, shall hear and determine the
child's claim and may award: (1)
delinquent and/or accrued child support to the date of the parent's death,
with interest therein at the statutory rate; and (2)
future or prospective child support until the child's eighteenth (18th)
birthday or such later date or event set forth in the family court's decree
of child support, offset by social security benefits payable to or for the
child by reason of the parent's death, and discounted to present value. |
|
465) |
Section |
Amending Chapter Numbers: |
|
|
33-12-11 |
298 and 314 |
|
|
|
33-12-11.
Order of preference of debts. -- (a)
If the estate of a decedent is insufficient to pay his or her debts, the
same, after deducting the charges of administration, and any property as is
set off and allowed to the widow and family, shall be applied to the payment
of his or her debts and charges in the following order: (1)
The necessary funeral charges of the deceased. (2)
The necessary expenses of his or her last sickness. (3)
Debts due to the (4)
Debts due to this state, and all state and town taxes. (5)
Past and future child support obligations pursuant to section 33-11-51. (b)
If there is not sufficient property to pay all the debts of any class, the
creditors of that class shall be paid ratably upon their respective claims;
and no payment shall be made to creditors of any class until all of those of
the preceding class or classes have been paid in full. |
|
466) |
Section |
Amending Chapter Numbers: |
|
|
33-15-4.1 |
299 and 419 |
|
|
|
33-15-4.1.
Good Samaritan guardians. -- (a)
Any person who files a petition for a guardianship of the person pursuant to
the provisions of this chapter may also file to be qualified as a good
Samaritan guardian. A good Samaritan guardian may be appointed by the probate
court in those instances where the court determines that the estate of a
proposed ward is insufficient to pay for the services of a guardian and that
such an appointment would otherwise be in the best interests of the
individual for whom the guardianship is proposed.
(b) A person filing for appointment of a good Samaritan guardianship shall
file all the forms required by this chapter to initiate a guardianship
petition and shall file an additional form setting forth the qualifications of
the proposed guardian to serve as a good Samaritan guardian. Such forms
(1) The experience, if applicable, of the proposed guardian;
(2) The willingness of the proposed guardian to serve as said good Samaritan
guardian; and
(3) A statement that if appointed as a good Samaritan guardian, such person
shall not seek any fees and/or monetary compensation for their services as a
good Samaritan; provided, that this shall not be construed to prohibit the
good Samaritan guardian from soliciting and/or utilizing charitable donations
for and on behalf of the individual under guardianship.
(c) The appointment of a good Samaritan guardian shall be in the discretion
of the probate court.
(d) Except as otherwise provided for herein, hearings on and notice of the
application for and appointment of a good Samaritan guardianship shall
proceed in the same manner as any other petition for guardianship pursuant to
the provisions of this chapter. |
|
467) |
Section |
Amending Chapter Numbers: |
|
|
33-15-17.1 |
299 and 419 |
|
|
|
33-15-17.1.
Notice. -- (a) Except for the appointment of
a temporary guardian, no petition for limited guardian or guardian shall be
heard and no person shall be appointed limited guardian or guardian of an
individual unless notice of the petition for appointment of a limited
guardian or guardian and a copy of the petition itself shall be served upon
the respondent in person at least fourteen (14) days prior to any hearing on
the petition. If the hearing date is continued by the probate court for
any reason after service on the respondent and no objection to the petition
is filed by or on behalf of the respondent, no further service on the
respondent shall be required. The probate court, in its discretion, may
require further notice to the respondent in such
manner as prescribed by the court.
In the case of a petition for the appointment of a temporary guardian, such
fourteen (14) day notice period shall be reduced to five (5) days, unless a
shorter period is ordered by the court.
(b) This notice shall be in plain language, large type and shall include the
time and place of the hearing, the possible loss of liberty if the petition
is granted, and shall inform the respondent of his or her rights including:
the court appointment of a guardian ad litem, the right to a hearing and to
be present at the hearing to confront witnesses, present evidence, contest
the petition, object to the appointment of a particular individual as
guardian, request that limits be placed on the guardian's powers, and the
right to counsel. Notice shall be served upon the respondent by a process
server duly authorized and licensed under
(c) The court officer that serves this notice shall be dressed in plain
clothes. He or she shall have experience dealing with individuals who may
lack decision making ability.
(d) The court officer shall present the written notice and shall also read
the notice to the respondent.
(e) Except for a petition for the appointment of a temporary guardian, notice
shall be given by the petitioner, or his or her attorney, at least ten (10)
days before the date set for hearing on the petition by regular mail, postage
prepaid, addressed to (1) the respondent's spouse and heirs at law (under the
rules of descent) as set forth in section 33-1-1 only at their last known
addresses; and (2) the administrator of any care and treatment facility where
the respondent resides or receives primary services; and (3) any individual
or entity known or reasonably known to the petitioner to be regularly
providing protective services to the respondent. In the case of a petition
for the appointment of a temporary guardian, such ten (10) day notice period
is reduced to five (5) days, unless a shorter period is ordered by the court,
with the petitioner required to use reasonable efforts in identifying and
noticing those individuals described in the immediately preceding sentence
within the limitations of investigation of identity of addresses of such
individuals inherent in a temporary guardianship proceeding. The petitioner
or his or her attorney, shall at or prior to the hearing file or leave to be
filed an affidavit that notice was given setting forth the names and post
office addresses of the persons to whom the notice was sent and the date of
mailing, together with a copy of the notice.
(f) Should the petitioner have no knowledge of the existence or whereabouts
of any of the persons required to be notified pursuant to subparagraph (e)
above, an affidavit to that effect filed with the court shall satisfy this
notice requirement.
(g) Notwithstanding any notice requirement of the petitioner, and except for
a petition for appointment of a temporary guardian the court shall give
notice of the petition by advertisement. |
|
468) |
Section |
Repealing Chapter Numbers: |
|
|
33-15.1-4.1 |
299 and 419 |
|
|
|
33-15.1-4.1.
[Repealed] |
|
469) |
Section |
Amending Chapter Numbers: |
|
|
33-15.1-27 |
299 and 419 |
|
|
|
33-15.1-27.
Investment of surplus funds -- Relief from bond requirements. -- Guardians may be authorized to invest any money in their
hands, not needed for the payment of debts, or for the support or education
of their wards, in notes secured by mortgage upon
she shall deem
best for the interest of his or her ward; and may also, under the direction
of the probate court, invest any money in real estate or bank stocks in this
state or in other safe income producing securities as the probate court may
approve; and if a guardian has so deposited any money in any savings bank or
trust company or invested the money in stock of any association and deposited
with the clerk of the probate court the savings bankbook, share certificate
or other evidence of the deposit or investment, to be held subject to the
order of the court, the probate court in its discretion may relieve the
guardian of the requirement of surety on his or her bond. |
|
470) |
Section |
Amending Chapter Numbers: |
|
|
33-22-2 |
296 and 315 |
|
|
|
33-22-2.
Contents of petition for probate or administration. -- Whenever any petition shall be filed for the probate of a
will or for the first grant of original or ancillary administration in
this state, the petitioner shall set forth under oath in the petition:
(1) The title of the proceeding and the name and address of the petitioner.
(2) The domicile of the decedent, together with any other facts upon which
the jurisdiction of the probate court to which the petition is directed may
depend.
(3) So far as known to the petitioner:
(i) The names and post office addresses of the surviving spouse and heirs at
law. Provided, however, if no heirs at law are listed, the petitioner shall
file an affidavit under oath setting forth what efforts the petitioner has
made to locate heirs at law.
(ii) If the person is under the age of eighteen (18) years, his or her age,
post office address, and the names and post office addresses of his or her
parents, or such of them as may be living, and of his or her guardian or
guardians if any.
(iii) If the person is an adjudged incompetent, the name and post office
address of his or her guardian or guardians if any, and the name and post
office address of the person or institution having the care or custody of the
incompetent. (iv)
If the petition is for the allowance of a will, it shall also contain the
names and post office addresses of the named beneficiaries entitled to take
there under to the extent that they are different than the heirs at law. |
|
471) |
Section |
Amending Chapter Numbers: |
|
|
34-4-21 |
271 and 418 |
|
|
|
34-4-21.
Limitation of restrictive covenants. -- If a covenant or restriction concerning the use of land, other than
housing restrictions as set forth in section 34-39.1-3, and conservation
restrictions and preservation restrictions as set forth in sections 34-39-3
and 34-39-4, is created by any instrument taking effect after May 11, 1953,
the covenant or restriction, if unlimited in time in the instrument, shall
cease to be valid and operative thirty (30) years after the execution of the
instrument creating it |
|
472) |
Section |
Adding Chapter Numbers: |
|
|
34-7-9 |
63 and 67 |
|
|
|
34-7-9. Land
preserved for open space and conservation purposes. – Any land held or preserved by a
nonprofit corporation or nonprofit association for purposes of conservation
or open space is not subject to adverse possession or prescription. |
|
473) |
Section |
Amending Chapter Numbers: |
|
|
34-18-57 |
236 and 465 |
|
|
|
34-18-57. |
|
474) |
Section |
Amending Chapter Numbers: |
|
|
34-25.1-7 |
19 and 21 |
|
|
|
34-25.1-7.
(1)
Reverse mortgages may be written over any period rate
or combination thereof, including compound interest. Interest on a reverse
mortgage loan shall be accumulated and
due upon the first to occur of the maturity of the loan or the mortgagor's
default thereunder which cause the entire loan to become due and payable.
(2) Prepayment, in whole or in part, shall be permitted without penalty.
Notwithstanding the foregoing, where a mortgagee has waived all of the usual
fees associated with a reverse mortgage loan, a mortgagee may impose a
prepayment penalty in accordance with the provisions of Rhode Island general
laws section 34-23-5, and shall provide that: (i) the prepayment penalty will
be calculated as a percentage of the available credit commitment as stated in
the reverse mortgage
loan documents, which penalty shall not exceed the total of the usual fees
that were initially absorbed by the mortgagee; and (ii) for a prepayment
penalty imposed under the provisions of Rhode Island general laws subsection
34-23-5(b), the amount of the prepayment penalty shall not exceed the total
of the usual fees that were initially absorbed by the mortgagee, reduced on a
prorate basis by the percentage of the months remaining in the prepayment
penalty term
to the full prepayment penalty term. A mortgagee may not impose a prepayment
penalty under this subsection if the prepayment is caused by the occurrence
of any event specified in Rhode Island general laws subdivisions
34-25.1-7(5)(ii), (iii), (iv) or (v). (3)
If a reverse mortgage loan provides for periodic advances to a borrower,
these advances shall not be reduced in amount or number based on any
adjustment in the interest rate. (4)
A lender that is found by an appropriate court to have failed, beyond any
applicable notice or cure periods, to make loan advances as required in the
loan documents, shall forfeit to the borrower treble the amount wrongfully
withheld plus interest at the legal rate. (5)
The reverse mortgage loan may become due and payable upon the occurrence of
any one of the following events: (i)
The home securing the loan is sold or title to the home is otherwise
transferred. (ii)
All mortgagors cease occupying the home as a principal residence, except as
provided in subdivision (6). (iii)
For a period of longer than twelve (12) consecutive months, a mortgagor fails
to occupy the property because of physical or mental illness and the property
is not the principal residence of at least one other mortgagor. (iv)
Any fixed maturity date agreed to by the lender and the mortgagor occurs. (v)
An event occurs which is specified in the loan documents and which
jeopardizes the lender's security. (6)
Repayment of the reverse mortgage loan shall be subject to the following
additional conditions: (i)
Temporary absences from the home not exceeding one hundred twenty (120)
consecutive days shall not cause the mortgage to become due and payable. (ii)
Extended absences from the home exceeding one hundred twenty (120)
consecutive days, but less than one year, shall not cause the mortgage to
become due and payable if the mortgagor has taken prior action which secures
and protects the home in a manner satisfactory to the lender, as specified in
the loan documents. (iii)
The lender's right to collect reverse mortgage loan proceeds shall be subject
to the applicable statute of limitations for written loan contracts.
Notwithstanding any other provision of law, the statute of limitations shall
commence on the date that the reverse mortgage loan becomes due and payable
as provided in the loan agreement. (iv)
The lender shall prominently disclose in the loan agreement any interest rate
or other fees to be charged during the period that commences on the date that
the reverse mortgage loan becomes due and payable, and that ends when
repayment in full is made. (7)
A lender shall not require an applicant for a reverse mortgage to purchase an
annuity as a condition of obtaining a reverse mortgage loan. A reverse
mortgage lender or a broker arranging a reverse mortgage loan shall not: (i)
Offer an annuity to the mortgagor prior to the closing of the reverse
mortgage or before the expiration of the right of the mortgagor to rescind
the reverse mortgage agreement. (ii)
Refer the mortgagor to anyone for the purchase of an annuity prior to the
closing of the reverse mortgage or before the expiration of the right of the
mortgagor to rescind the reverse mortgage agreement. (8)
Notwithstanding anything in chapter 34-25.1 to the contrary, the fees, costs
and payments that may be charged in connection with the origination and
closing of a reverse mortgage loan shall not be other than the following and
only may be charged provided they are properly
disclosed to the mortgagor(s) as required in chapter 34-25.1: (i)
An application fee, which may be collected prior to closing, shall be
designated as such and shall not be a percentage of the principal amount of
the loan or amount financed, and shall be reasonably related to the services
to be performed; (ii)
a loan origination fee; (iii)
The cost of document preparation which is reasonably related to the services
provided; (iv)
The cost of appraising or surveying the property; (v)
The cost of a title examination, an abstract of title or title insurance; (vi)
The cost of a tax search for tax liens existing at the time of closing if
such search is not included in the title examination; (vii)
The payment to discharge any existing liens on the real property securing the
loan; (viii)
The cost of recording the reverse mortgage loan; (ix)
The cost of actual attorneys' fees charged to the lender in connection with
the closing of such loan; (x)
The cost of a credit report; (xi)
The cost of a flood zone search; (xii)
The cost of an inspection to be paid in connection with the origination of
the loan but not subsequent to the loan closing; (xiii)
The payment for any repairs contracted for at or before the loan closing
irrespective of whether such repairs are completed at the time of closing
and/or whether the funds are held in escrow; (xiv)
The cost of purchasing mortgage insurance; (xv)
The payment of real estate taxes and property insurance; and (xvi)
such other costs as shall be permitted to be charged by the director of the
department of business regulation.
chapter
34-25.1 as (10)
With the exception of subsections 34-25.1-7(a)(4), 34-25.1-7(a)(6)(iii),
34-25.1-7(a)(7), and 34-25.1-7(a)(9), section 34-25.1-7 shall not apply to:
(i) any national bank, federal savings bank or financial institution (as
defined in section 19-1-1) that is insured by the Federal Deposit Insurance
Corporation or to the wholly owned subsidiary of any of the foregoing; or: (ii)
any reverse mortgage loan that is subject to and that complies with 12 USC
section 1715z-20 and the federal
regulations promulgated with respect thereto (including without limitation 24
CFR Part 206). |
|
475) |
Section |
Amending Chapter Numbers: |
|
|
34-25.1-8 |
19 and 21 |
|
|
|
34-25.1-8.
Mortgagees authorized to take reverse mortgages. -- (a) Domestic building-loan associations, whether
organized by special act of the general assembly or pursuant to the
provisions of chapter 22 of title 19, foreign building-loan associations
subject to the provisions
of chapter 24 of title 19, savings and loan associations organized under the
laws of the and
investment banks subject to the provisions of chapter 20 of title 19 and
other financial institutions are expressly authorized to make loan secured by
mortgages entitled as provided in section 34-25.1-1 and containing the
provisions required in sections 34-25.1-1 and 34-25.1-2 to be contained in
the provisions of the mortgages; provided that such loans comply in other
respects with the requirements of law, if any, relating to loans secured by
real estate mortgages made by such institutions and with the requirements
of this chapter.
(b) Other mortgagees are authorized to make loans on the security of such
mortgages if such mortgages comply with the requirements of this chapter. (c)
All reverse mortgage loan officers must be registered and/or licensed under
Rhode Island general laws section 19-14-1 et seq. as mortgage loan
originators, unless otherwise exempt. (d) The authority of the director of
the department of business regulation or his or her designee to revoke
licenses pursuant to chapter 19-14-13 shall apply to any lender that fails to
comply with the requirements of this chapter. |
|
476) |
Section |
Adding Chapter Numbers: |
|
|
34-25.1-9 |
19 and 21 |
|
|
|
34-25.1-9.
Required counseling. -- (a) All
lenders shall deliver to all reverse mortgage loan applicants a statement, if
available, prepared by the department of elderly affairs on the advisability
and availability of independent counseling and information services. With
respect to every reverse mortgage loan, the prospective mortgagor(s) shall
complete a reverse mortgage counseling program. An original certificate,
dated and signed by both the counselor and the ortgagor(s), certifying that
the counseling required by section 34-25.1-9 has taken place, shall be
delivered to the mortgagee at least three (3) business days prior to the
closing of the loan. The lender shall not process a reverse mortgage loan
application, other than ordering an automated valuation model and a
preliminary title search, until the counseling required by this section has
been completed and the certificate of counseling is delivered to the
mortgagee. (b)
The reverse mortgage counseling program shall include, but is not limited to,
all matters enumerated in subsections 34-25.1-9(e)(1) through (6). The
department of elderly affairs shall establish and maintain a list of
counseling programs that are deemed to satisfy the requirements
of section 34-25.1-9 and shall make such list available to all lenders and to
the public. A counseling agency approved by the United States Department of
Housing and Urban Development to provide reverse mortgage counseling shall be
deemed to be approved to provide the counseling required by section
34-25.1-9, provided that: (1) the counseling agency is not affiliated with
the reverse mortgage lender; and (2) the counseling agency complies with the
counseling requirements of section 34-25.1-9. The director of the department
of elderly affairs shall have the right to prescribe the form of counseling
certificate that will meet the requirements of subsection 34-25.1-9(a). (c)
Counseling shall comply with the following requirements: (1) It shall be
conducted in person; however, if the prospective mortgagor(s) cannot or
choose(s) not to travel to a housing counseling agency and cannot be visited
by a counselor in their home, telephone counseling shall be permitted by
counseling agencies that are authorized by the department of elderly affairs
to conduct telephone counseling. (2) The reverse mortgage loan shall close
within one hundred eighty (180) days after the prospective mortgagor(s)
sign(s) the counseling certificate. If the reverse mortgage loan does not
close within such one hundred eighty (180) day period, the parties shall be
required to again comply with the counseling requirements of this section.
(3) Mortgagees shall provide prospective mortgagors with the name of at least
three (3) independent, authorized counseling agencies in the state. The
mortgagee shall not recommend a counseling agency that is an affiliate of the
mortgagee. (d)
In the event that counseling shall not be available free of charge, the
mortgagee shall be responsible for the cost of the counseling to the extent
that all other sources or funding the counseling
by legitimate sources including, without limitation, non-profit organizations
and grants have not been obtained. In the event that 12 USC section 1715z-20
or the federal regulations promulgated with respect thereto shall, at the
time such counseling fee is due and payable
by the mortgagee, expressly prohibit a mortgagee from being responsible for
the cost of counseling, then subsection 34-25.1-9(d) shall not apply to a
reverse mortgage loan that is subject to 12 USC section 1715z-20 and the
federal regulations promulgated with respect thereto. (e)
Counseling shall include, without limitation, discussion of the following
with the prospective mortgagor(s): (1)
Options other than a reverse mortgage that are available to the mortgagor(s),
including other housing, social service, health, and financial options; (2)
Other home equity conversion options that are or may become available to the
mortgagor(s), such as other reverse mortgages, sale-leaseback financing,
deferred payment loan, and property tax deferral; (3)
The financial implications of entering into a reverse mortgage; (4)
A disclosure that a reverse mortgage may have tax consequences, affect
eligibility for assistance under federal and state programs, and have an
impact on the estate and heirs of the homeowner(s),
as well as an explanation of how the reverse mortgage may affect the estate
and public benefits of the mortgagor(s); (5)
Such other topics as shall be required to be addressed during counseling with
respect to a reverse mortgage pursuant to 12 USC section 1715z-20, and/or any
regulations promulgated pursuant thereto; and (6)
Such other topics as shall be required to be addressed by the director of the
department of elderly affairs. (f)
Subsections 34-25.1-9(b), (c) and (e) shall not apply to any reverse mortgage
loan that is subject to 12 USC section 1715z-20 and the federal regulations
promulgated with respect thereto; provided that such loan complies with the
counseling requirements set forth in 12 USC section 1715z-20 and the federal
regulations promulgated with respect thereto (including without limitation 24
CFR Part 206). |
|
477) |
Section |
Adding Chapter Numbers: |
|
|
34-25.1-10 |
19 and 21 |
|
|
|
34-25.1-10.
Pre-closing disclosures. -- (a)
At least three (3) business days before closing of the loan, all mortgagees,
or their authorized representative who is then duly licensed by the Rhode
Island department of business regulation as lender or as a loan broker shall
provide in writing all of the following information to, each prospective
reverse mortgage mortgagor: (1)
All information as shall be required to be disclosed in connection with a
reverse mortgage loan pursuant to the Truth in Lending Act (15 USC section
1601 et seq.), Regulation Z (12 CFR Part 226), and 12 USC section 1715z-20
and the federal regulations promulgated with respect thereto (including
without limitation 24 CFR Part 206); and (2)
All other information as shall be required to be disclosed by the director of
the department of business regulation. |
|
478) |
Section |
Adding Chapter Numbers: |
|
|
34-25.1-11 |
19 and 21 |
|
|
|
34-25.1-11.
Annual account statements and other required disclosures. -- (a) At the closing of the reverse mortgage loan, the
mortgagee shall provide to the mortgagor(s) contact information for the
mortgagee's (or its assignee's or servicing agent's, as the case may be)
employee(s) or agent(s) who have been designated specifically to respond to
inquires concerning reverse mortgage loans. This information shall be
provided by the mortgagee (or its assignee or servicing
agent, as the case may be) to mortgagor(s) at least annually, and whenever
this contact information concerning the designated employee(s) or agent(s)
changes. (b)
On an annual basis and when the loan becomes due, the mortgagee shall issue
to the mortgagor, without charge, a statement of account regarding the
activity of the mortgage for the preceding calendar year, or for the period
since the last statement of account was provided. The statement shall include
all of the following information for the preceding year: (1)
The outstanding balance of the loan at the beginning of the statement period;
(2)
Disbursements to the mortgagor; (3)
The total amount of interest added to the outstanding balance of the loan; (4)
Any property taxes, hazard insurance premiums, mortgage insurance premiums,
or assessments paid by the mortgagee; (5)
Payments made to the mortgagee; (6)
The total mortgage balance owed to date; (7)
The remaining amount available to the mortgagor in reverse mortgage loans
wherein proceeds have been reserved to be disbursed in one or more lump sum
amounts; and (8)
All other information as shall be required to be disclosed by the director of
the department of business regulation. |
|
479) |
Section |
Adding Chapter Numbers: |
|
|
34-25.1-12 |
19 and 21 |
|
|
|
34-25.1-12.
Non-binding on the applicant. --
An applicant for a reverse mortgage loan shall not be bound for at least
three (3) business days after all of the following shall have occurred: (1)
The applicant's execution and delivery to the mortgagee of a fully completed
application for the reverse mortgage loan; (2) The applicant's delivery to
the mortgagee of the requisite fully completed and executed certificate in
proper form evidencing the applicant's completion
of the counseling required pursuant to section 37-25.1-9 (as to any reverse
mortgage loan that is exempt, pursuant to subsection 34-25.1-9(g), from the
requirements of subsections 34- 25.1-9(b), (c)
and (e), such certificate must meet the requirements of 12 USC section
1715z-20 and the federal regulations promulgated with respect thereto); and
(3) The applicant's receipt, in writing, of all of the information required
to be disclosed pursuant to section 37-25.1-10. No reverse mortgage loan
shall be closed prior to the expiration of this three (3) business day
period, and this three (3) business day period shall be in addition to any
right of rescission the mortgagors may have following the closing of the
loan. In addition, no costs in connection with the application and processing
of a proposed reverse mortgage loan shall be imposed upon any applicant for a
reverse mortgage until the events described in subsections 34-25.1-12 (1) and
(2) have occurred. Each mortgagee shall inform each applicant in writing of the
applicant's rights pursuant to section 34-25.1-12 simultaneously with
providing the application to the applicant for completion. |
|
480) |
Section |
Adding Chapter Numbers: |
|
|
34-25.1-13 |
19 and 21 |
|
|
|
34-25.1-13.
Attorneys-in-fact -- Guardians. -- All mortgagees shall require any person who
executes reverse mortgage loan documents as attorney-in-fact for another to
deliver at the closing a written, notarized certification as to all of the
following: (1) That the power of attorney is then in full force and effect
and has not been revoked or otherwise terminated; and (2) That the
attorney-in-fact acknowledges his or her fiduciary obligations to the
principal pursuant to the power of attorney with respect to the reverse
mortgage loan. |
|
481) |
Section |
Adding Chapter Numbers: |
|
|
34-25.1-14 |
19 and 21 |
|
|
|
34-25.1-14.
Regulations. -- The
director of the department of business regulation shall have the authority to
promulgate such regulations as shall be reasonably necessary to carry out
sections 34-25.1-10 through 34-25.1-16. The director of the department of
business regulation shall also have the authority to promulgate regulations
pursuant to section 34-25.1-7 with respect to unfair and deceptive trade
practices. The director of the department of elderly affairs shall have the
authority to promulgate such regulations as shall be reasonably necessary to
carry out section 34-25.1-9. |
|
482) |
Section |
Adding Chapter Numbers: |
|
|
34-25.1-15 |
19 and 21 |
|
|
|
34-25.1-15.
Property held in name or trust. – (a)
It is the intention of chapter 34-25.1 that the cash advances made under a
reverse mortgage shall be made by the lender to the mortgagor. In the event
that legal title to the property encumbered by a reverse mortgage isheld in
trust: (1)
The reverse mortgage proceeds may be received by the occupant of the property
provided that the occupant is a beneficiary of the trust; (2)
References in subdivision 34-25.1-7(a)(5) to the mortgagor shall be deemed to
refer to the occupant of the property provided that the occupant is a
beneficiary of the trust; (3)
References in subdivision 34-25.1-7(s)(6) to absences from the home shall be
deemed to refer to the occupant of the property provided that the occupant is
a beneficiary of the trust. |
|
483) |
Section |
Adding Chapter Numbers: |
|
|
34-25.1-16 |
19 and 21 |
|
|
|
34-25.1-16.
Liberal construction. -- This
chapter shall be construed liberally in aid of its purpose of ensuring that
reverse mortgage borrowers fully understand the ramifications of entering into
a reverse mortgage transaction. |
|
484) |
Section |
Amending Chapter Numbers: |
|
|
34-27-4 |
352 and 369 |
|
|
|
34-27-4.
Publication of notice under power of sale. -- (a) whenever any real estate shall be sold under any
power of sale mortgage executed subsequent to May 4, 1911, and the mortgage
shall provide for the giving of notice of the sale by publication in some
public newspaper at least once a week for three (3) successive weeks before
the sale, the first publication of the notice shall be at least twenty-one
(21) days before the day of sale, including the day of the first publication
in the computation. The sale may take place no more than fourteen (14)
days from the date on which the third successive notice is published,
including the day of the third publication in the computation. Provided,
however, that if the sale is adjourned as provided in publication
of the notice of the adjourned sale, together with a notice of the
adjournment or adjournments, shall be continued at least once each week
commencing with the calendar week following the originally scheduled day of
sale; the sale, as so adjourned, shall take place during the same calendar
week in which the last notice of the adjourned sale is published, at least
one day after the date on which the last notice is published. (b) Provided, however, that no notice
shall be valid or effective unless the mortgagor has been mailed written
notice of the time and place of sale by certified mail return receipt
requested at the address of the real estate and, if different, at the
mortgagor's address listed with the tax assessor's office of the city or town
where the real estate is located or any other address mortgagor designates by
written notice to mortgagee at his, her, or its last known address, at least
twenty (20) days for mortgagors other than individual consumer mortgagors,
and at least thirty (30) days for individual consumer mortgagors, days prior
to the first publication, including the day of mailing in the computation.
The mortgagee shall include in the foreclosure deed an affidavit of
compliance with this provision. |
|
485) |
Section |
Adding Chapter Numbers: |
|
|
34-27-6 |
238 and 309 |
|
|
|
34-27-6.
Payment of outstanding taxes. -- (a)
In connection with any sale by public auction made under and according to the
provisions of any mortgage of real estate or any power of sale contained
therein or annexed thereto, if the mortgagee or an affiliate of the mortgagee
is the successful bidder for the real estate or property offered for sale,
the foreclosure deed shall be recorded in the records of land evidence for
the municipality where the real estate is located within forty-five (45) days
after the date of the sale. The deed shall be captioned "foreclosure
deed" and the date of the foreclosure shall be stated in the deed. This
subsection (a) shall not apply to any such sale if, prior to the recording of
the foreclosure deed: (1) the mortgagor files a voluntary proceeding, or an
order for relief is entered in any involuntary proceeding against the
mortgagor, under any federal or state bankruptcy or insolvency statute; or
(2) the mortgagee abandons or otherwise terminates such sale. (b)
Notwithstanding any other general law or local ordinance to the contrary, the
grantee of real estate named in the foreclosure deed shall pay to the
municipality, on or before the date the foreclosure deed is recorded, all
taxes and other assessments, including water charges, interest and penalties,
if any, which constitute liens on the real estate described in the
foreclosure deed and which are due and owing on the recording date
(collectively, "taxes due and owing"); provided,
however, that a grantee shall not be deemed in violation of this subsection
(b) if the grantee shall apply for a municipal lien certificate from the tax
collector for the municipality during the forty-five (45) day period ending
on the day on which the foreclosure deed is recorded and shall pay the taxes
due and owing within thirty (30) days after the date on which the municipal
lien certificate is mailed by the tax collector by the United States mail,
postage prepaid, certified, return receipt requested, and addressed to the
grantee at the address therefor set forth in the application for the
municipal lien certificate. Taxes due and owing for purposes of this section
shall include only installments thereof required by law to be paid as of the
date the foreclosure
deed is recorded. (c)
Upon a violation of any one or more of the requirements of this section, a
penalty shall accrue at the rate of forty dollars ($40.00) per month (in the
aggregate) for each month or part thereof during which such violation or
violations continue. For purposes of determining the penalty
due hereunder, a month commences on the day on which the first such violation
occurs and a new month commences on the same day (or if there is no such day,
then on the last day) of each succeeding calendar month until all taxes due
and owing are paid. In the event of a violation of subsection (a), taxes due
and owing shall be determined as of the date required thereunder for the
recording of a foreclosure deed. (d)
As used in this section, the term "affiliate" shall mean, with
respect to any mortgagee, any individual or legal entity that controls, is
controlled by or is under common control with such mortgagee, and the term
"foreclosure deed" shall mean the mortgagee's deed or other
conveyance of title to the successful bidder at any sale by public auction
made under and according to the provisions of any mortgage of real estate or
any power of sale contained therein or annexed thereto. |
|
486) |
Section |
Amending Chapter
Numbers: |
|
|
34-28-4 |
75 and 345 |
|
|
|
34-28-4.
Notice of intention to claim lien. -- (a)
Except as provided in section 34-28-7, any and all liens claimed or that
could be claimed under sections 34-28-1, 34-28-2 or 34-28-3 shall be void and
wholly lost to any person claiming under those sections unless the person
shall, before or within two hundred (200) days after the doing of such work
or the furnishing of such materials, mail by prepaid registered or certified
mail, in either case return receipt requested, a notice of intention,
hereinafter described, to do work or furnish material, or both, together with
a statement that the person so mailing may within two hundred (200) days
after the doing of the work or the furnishing of the materials, file a copy
of such notice of intention in the records of land evidence in the city or
town in which the land generally described in such notice of intention is
located and a further statement that the mailing of the notice of intention
and the filing of the copy will perfect a lien of the person so mailing
against the land under and subject to the provisions of this chapter, to the
owner of record of the land at the time of the mailing, or, in the case of a
lien against the interest of any lessee or tenant, to the lessee or tenant,
the mailing to be addressed to the last known residence or place of business
of the owner or lessee or tenant, but if no residence or place of business is
known or ascertainable by the person making the mailing by inquiry of the
person with whom the person making the mailing is directly dealing or
otherwise, then the mailing under this section shall be to the address of the
land, and also shall before or within two hundred (200) days after the doing
of the work or the furnishing of the materials file a copy of the notice of
intention in the records of land evidence in the city or town in which the
land generally described in the notice of lien is located. The mailing of the
notice of intention and the filing of the copy in the land evidence records
together with the mailing of another copy thereof as hereinbelow provided
shall perfect, subject to other sections of this chapter, the lien of the
person so mailing and filing as to work done or materials furnished by the
person during the two hundred (200) days prior to the filing
(b) The notice of intention shall be executed under oath and shall contain:
(1) The name of the owner of record of the land at the time of the mailing,
or in the case of a lien against the interest of any lessee or tenant, the
name of the lessee or tenant, and the mailing address of the owner or lessee,
the name and address to be located at the upper left hand corner of the
notice, in addition to the text of the notice, as described in subsection
(c);
(2) A general description of the land sufficient to identify it with
reasonable certainty, including, for example only, street name and number, if
available;
(3) A general description of the nature of the work done or to be done, or of
the materials furnished,
or to be furnished, or both, and the approximate value thereof as of the date
of the notice;
(4) The name and address of the person or persons for whom directly the work
has been done
or is to be done, or to whom directly the materials have been furnished or
are to be furnished;
(5) The name and address of the person mailing the notice and the name of the
individual person
or persons whose signature will bind the person so mailing on all matters
pertaining to the notice or any lien claimed thereunder, or release thereof.
(6) A statement that the person mailing the notice has not been paid for the
work done or materials furnished or both.
(c) The notice may be in substantially the following form: ________________________________________________________________________ (Name
of owner of record/Lessee) ________________________________________________________________________ (Address
of owner/Lessee) NOTICE
OF INTENTION TO DO WORK OR FURNISH MATERIALS, OR BOTH All
persons are hereby notified that the undersigned has within the two hundred
(200) days
prior to the mailing hereof done work, furnished materials, or both, and/or
intends to do so in the future (cross out inappropriate words), in the
construction, erection, alteration, or preparation of an improvement on land
described as follows: (here insert description) and that the land is owned by
or leased to (here insert name of owner or lessee or tenant). The nature of
the work being done or materials being furnished is as follows: (here insert
general description of the nature of the work or materials, or both) and is
being done for or furnished to (here insert name of person or persons for
whom directly the work is being done or to whom directly the materials are
being furnished), whose address is (here insert address). The approximate
value of said work or materials is, as of the date of the notice, $(include
amount), itemized as follows: and the undersigned has not been paid for the
work or materials or both; The undersigned authorizes (here insert name or names)
to act or sign documents in behalf of the undersigned in all matters
pertaining to this notice, or any lien claimed hereunder, or release thereof.
You are hereby informed that the undersigned may within two hundred (200)
days of the performance of the work or furnishing of the materials, file in
the records of land evidence of the city or town of (here insert name of city
or town) a copy of this notice of intention to do work or furnish materials.
The filing of the notice of intention, together with this mailing, will
perfect a lien against the land described herein, under and subject to the
provisions of the Rhode Island Mechanics' Lien Law.
_______________________________________
_______________________________________ (Name
and address of person filing notice) NOTORIZATION
CLAUSE _______________________ Signed
and sworn before me this___________________________day of ____________,
_______________________________________
Notary Public
My Commission Expires: |
|
487) |
Section |
Amending Chapter Numbers: |
|
|
34-28-9 |
75 and 345 |
|
|
|
34-28-9.
Effective period of notice. -- A
notice of and by the
general contractor, at which time the retainage due is paid. |
|
488) |
Section |
Amending Chapter Numbers: |
|
|
34-28-17 |
75 and 345 |
|
|
|
34-28-17.
Dismissal of complaint, notice of lien, and release of lien upon deposit in
court. -- (a) At any time after the
recording of a notice of intention or after the filing of a complaint to
enforce a lien under sections 34-28-10 and 34-28-13, the owner or lessee or
tenant of
the land described in the notice or complaint may pay into the registry of
the court in the county in which the land is located cash equal to the total
amount of the notice of intention and the accounts and demands of all persons
claiming liens therein under section 34-28-1, 34-28-2, 34-28-3 or 34-28-7,
including costs, interest at the statutory rate and reasonable attorney's
fees of the lien holder, or may, in lieu of cash, deposit in the registry of
the court the bond of a surety company licensed to do business in this state in
the total amount including costs, interest at the statutory rate and
reasonable attorney's fees running to all persons claiming liens under
sections 34-28-10 and 34-28-13, and on proper proof of payment or deposit and
on motion of the owner or lessee or tenant, any justice of the superior court
shall enter ex parte an order discharging the notice of intention and lis
pendens and dismissing the cause as to the owner or lessee or tenant and as
to all persons having any title, claim, lease, mortgage, attachment or other
lien or encumbrance (other than under section 34-28-1, 34-28-2, 34-28-3 or
34-28-7), and on the entry of the order, the building, canal, turnpike,
railroad or other improvement and the land on which the improvement is being
or has been constructed, erected, altered, or repaired shall be released and
discharged from the notices of intentions and accounts and demands, but the
rights of all persons having
any title, claim, lease, mortgage, attachment or other lien or encumbrance
(other than under section 34-28-1, 34-28-2, 34-28-3 or 34-28-7) shall be the
same as if no notices of intention under section 34-28-4 had been mailed or
filed and as if no complaint under sections 34-28-10 and 34-28-13 had been
filed. In the event that a payment is made into the registry of court in
accordance with this section, any person, having a contract directly with the
person making the payment, may be permitted, after notice to all parties
under the complaint and after hearing in open court, to withdraw from the registry
of court the sum of money due to him or her under the contract, provided that
the person making the withdrawal first furnish a bond, payable to the clerk
of court, with good and sufficient corporate surety, for the repayment of the
amount, or as much thereof as may be necessary to satisfy claims thereinafter
allowed by the court.
(b) Notwithstanding the foregoing provisions, after depositing cash or the
bond of a surety company the following shall apply:
(1) In the event that a notice of intention has been recorded, but no
complaint filed, the person or other entity claiming the lien shall file the
complaint against the surety within the time limits as noted in section
34-28-10. In the event of a cash deposit as noted in section 34-28-17, the
complaint shall be brought against the clerk of the respective superior court
for any deposit that is posted in the registry within the time limits as
noted in section 34-28-10.
(2) In the event that the complaint has been filed with the appropriate
superior court, and after depositing cash or the bond of a surety company and
discharging the notice of intention and lis pendens, and dismissing the cause
as noted in this section, the lien plaintiff shall amend the complaint, to
include the surety as defendant within sixty (60) days after the person or
entity claiming the lien is given notice of the order in regard to the bond.
In the event of a cash deposit as noted in section 34-28-17, the complaint
shall be amended and brought against the clerk of the respective superior
court for any cash deposit that is posted in the registry within sixty (60)
days after the person or entity claiming the lien is given notice of this
order in regard to the cash deposit.
(c) The complaint filed against a surety, or the clerk of any respective
superior court, pursuant to subsection (b) of this section need not
comply with any procedural requirements of sections 34-28-10, 34-28-11,
34-28-12, 34-28-14, or 34-28-15. |
|
489) |
Section |
Amending Chapter Numbers: |
|
|
34-36.1-3.16 |
459 and 479 |
|
|
|
34-36.1-3.16.
Lien for assessments. -- (a) The
association has a lien on a unit for any assessment levied against that unit
or fines imposed against its unit owner from the time the assessment or fine
becomes due. The association's lien may be foreclosed in accordance with and
subject to the provisions of section 34-36.1-3.21. Unless the declaration
otherwise provides, attorney's fees, charges, late charges, fines, and
interest charged pursuant to section 34-36.1-3.02(a)(10) -- (12) are
enforceable as assessments under this section. If an assessment is payable in
installments, the full amount of the assessment is a lien from the time the
first installment thereof becomes due.
(b) (1) A lien under this section is prior to all other liens and
encumbrances on a unit except:
(i) Liens and encumbrances recorded before the recordation of the declaration
and not subordinated to the declaration
(ii) A first mortgage or deed of trust on the unit recorded before the date
on which the assessment sought to be enforced became delinquent
(iii) Liens for real estate taxes and other governmental assessments or
charges against the unit.
(2) The lien is also prior to any mortgage or deed of trust described in subdivision
(b)(1)(ii) of this section to the extent of the common expense assessments
based on the periodic budget adopted by the association pursuant to section
34-36.1-3.15(a) which would have become due in the absence of acceleration
during the six (6) months immediately preceding the foreclosure of the
interest of the unit owner by the holder of any such mortgage or deed of
trust, including
any costs and reasonable attorney's fees not to exceed two thousand five
hundred dollars (3)
The priority amount under subdivision (b)(2) above shall not include any
amounts attributable to special assessments, late charges, fines, penalties,
and interest assessed by the association. (4)
When any portion of the unit owner's share of the common expenses has been
delinquent for at least sixty (60) days the association shall first send a
notice stating the amount of the delinquency to the unit owner by certified
mail, return receipt requested, and first class mail. The association shall
also send a notice by certified mail, return receipt requested, and first
class mail, stating the amount of the delinquency to the holder of the first
mortgage or deed of trust as it appears in the land evidence records at the
address appearing in the mortgage or deed of trust or such other address as
the first mortgagee may provide in writing to the association. (5)
The failure of the association to send the first mortgagee the notice of
sixty (60) days delinquency of common expense not affect
the priority of the lien for up to six (6) months common expense assessments,
but the priority amount shall not include any costs or attorney's fees.
(c) Unless the declaration otherwise provides, if two (2) or more
associations have liens for assessments created at any time on the same real
estate, those liens have equal priority.
(d) Recording of the declaration constitutes record notice and perfection of
the lien. No further recordation of any claim of lien for assessment under
this section is required but is permitted.
(e) A lien for unpaid assessments is extinguished unless proceedings to
enforce the lien are instituted within six (6) years after the full amount of
the assessments becomes due.
(f) This section does not prohibit actions to recover sums for which
subsection (a) creates a lien or prohibit an association from taking a deed
in lieu of foreclosure.
(g) A judgment or decree in any action brought under this section must
include costs and reasonable attorney's fees for the prevailing party.
(h) The association, upon written request shall furnish to a unit owner or
the holder of a first mortgage or deed of trust granted with respect to such
unit owner's unit a recordable statement setting forth the amount of unpaid
assessments against his or her unit. The statement must be furnished within
ten (10) business days after receipt of the request and is binding on the
association, the executive board, and every unit owner.
(i) The association may take action for failure of a unit owner to pay any
assessment or other charges pursuant to this section. The delinquent unit
owner shall be obligated to pay all expenses of the executive board, including
reasonable attorney's fees, incurred in the collection of the delinquent
assessment or other charges by legal proceedings or otherwise, such
attorney's fees and other charges also being a lien on the unit. The
delinquent unit owner shall also be obligated to pay any amounts paid by the
executive board for taxes or on account of superior liens or otherwise to
protect its lien, which expenses and amounts, together with accrued interest,
shall be deemed to constitute part of the delinquent assessment and shall be
collectible as such. |
|
490) |
Section |
Amending Chapter Numbers: |
|
|
36-36.1-3.21 |
459 and 479 |
|
|
|
34-36.1-3.21.
Foreclosure of condominium lien. --
(a) (1) If a condominium unit owner shall default in the payment of any
assessment, fine, or any other charge which is a lien on the unit
in favor of the association or its assigns, then it shall be lawful for the
association or its assigns, through its executive board, to sell the unit of
any defaulting unit owner and the benefit and equity of redemption of the
defaulting unit owner and his or her heirs, executors, administrators, and
assigns therein, at public auction upon the premises or at such other place,
if any, as may be designated for that purpose by the association or its
assigns.
(2) The association must first mail written notice of the time and place of
sale to the defaulting unit owner, at his or her last known address
(i) If the condominium is situated in the city of
(ii) If the condominium is situated in the town of
(iii) If the condominium is situated in any of the towns of Cumberland,
Lincoln, Smithfield or North Smithfield, in a public newspaper published
daily in either the city of Pawtucket, Woonsocket, or Providence;
(iv) If the condominium is situated in the
(v) If the condominium is situated in the county of Newport, in a public
newspaper published daily in the city of Newport; but if there be no such
newspaper so published, then in some public newspaper published anywhere in
the county of Newport;
(vi) If the condominium is situated in any of the counties of Bristol, Kent,
or Washington, in a public newspaper published daily in the city or town in
which the condominium is situated; or in some public newspaper published
daily in the county in which the condominium is situated or in a public
newspaper published daily in the city of Providence.
(3) The sale may be adjourned from time to time, provided that publishing of
the notice shall be continued, together with a notice of the adjournment or
adjournments, at least once each week in the same newspaper; and third, the
association must mail written notice of the same to any person or entity
having an interest of record in the unit, recorded not later than thirty (30)
days prior to the date originally scheduled for the sale, including without
limitation, the holder of any
mortgage or deed of trust with respect to the unit, to the address of the
person or entity may have provided for that purpose in the land evidence
records or at any other address the person or entity may have provided the
association in writing, such notice to be given by regular or certified mail,
return receipt requested, at least ten (10) days prior to the date originally
scheduled for such sale; and in his or her or their own name or names, or as
the attorney or attorneys of the defaulting unit owner (for that purpose by
these presents duly authorized and appointed with full power of substitution
and revocation) to make, execute, and deliver to the purchaser or purchasers
at the sale a good and sufficient deed or deeds of the defaulted condominium
unit, in fee simple, and to receive the proceeds of the sale or sales, and
from the proceeds to retain all sums secured by the lien in favor of the
association as of the date of such sale together with all expenses incident
to such sale or sales, or for making deeds hereunder, and for fees of counsel
and attorneys, and all costs or expenses incurred in the exercise of such
powers, and all taxes, assessments, and premiums for insurance, if any,
either theretofore paid by the association, or its assigns,
or then remaining unpaid upon the defaulted condominium unit, rendering and
paying the surplus of the proceeds of sale, if any there be, over and above
the amounts to be retained, together with a true and particular account of
such sale or sales, expenses, and charges, to the defaulting unit owner, or
his or her heirs, executors, administrators or assigns. The sale or sales
shall forever be a perpetual bar against the defaulting unit owner and his or
her heirs, executors, administrators and assigns, and all persons claiming
the defaulted condominium unit, so sold, by, through or under him, her, them
or any of them. (4)
Within seven (7) days after the foreclosure sale, the association shall send
an additional written notice to the holder of the first mortgage or deed of
trust of record as appears in the land evidence records, as provided in
subdivision 34-36.1-3.16(b)(4) by certified mail, return receipt requested,
and first class mail, identifying the name of the highest bidder and the
amount of the bid. (b)
Any foreclosure sale held by the association pursuant to subsection (a)
above, and the title conveyed to any purchaser or purchasers pursuant to such
sale, shall be subject to any lien or encumbrance
entitled to a priority over the lien of the association pursuant to section
34-36.1-3.16(b) (c)
Any foreclosure sale held by the association pursuant to subsection (a)
above, shall be subject to a thirty (30) day right of redemption running in
favor of the holder of the first mortgage or
deed of trust of record. The right of redemption shall be exercised by
tendering payment to the association in full of all assessments due on the
unit together with all attorney's fees and costs incurred by the association
in connection with the collection and foreclosure process within thirty (30)
days of the date of the post-foreclosure sale notice sent by the association
pursuant to subdivision (a)(4) above. Otherwise, the right of redemption
shall terminate thirty (30) days from the date of the post-foreclosure sale
notice sent by the association pursuant to subdivision (a)(4) above. to section
34-36.1-3.15(a). |
|
491) |
Section |
Amending Chapter Numbers: |
|
|
36-4-2 |
100 and 227 |
|
|
|
36-4-2.
Positions in unclassified service. -- The
classified service shall comprise all positions in the state service now
existing or hereinafter established, except the following specific positions
which with other positions heretofore or hereinafter specifically exempted by
legislative act shall constitute the unclassified service:
(1) Officers and legislators elected by popular vote and persons appointed to
fill vacancies in elective offices.
(2) Employees of both houses of the general assembly.
(3) Officers, secretaries, and employees of the office of the governor,
office of the lieutenant governor, department of state, department of the
attorney general, and the treasury department.
(4) Members of boards and commissions appointed by the governor, members of
the state board of elections and the appointees of the board, members of the
commission for human rights and the employees of the commission, and directors
of departments.
(5) The following specific offices:
(i) In the department of administration: director, chief information officer;
(ii) In the department of business regulation: director;
(iii) In the department of elementary and secondary education: commissioner
of elementary and secondary education;
(iv) In the department of higher education: commissioner of higher education;
(v) In the department of health: director;
(vi) In the department of labor and training: director, administrative
assistant, administrator of the labor board and legal counsel to the labor
board;
(vii) In the department of environmental management: director;
(viii) In the department of transportation: director;
(ix) In the department of human services: director;
(x) In the state properties committee: secretary;
(xi) In the workers' compensation court: judges, administrator, deputy
administrator, clerk, assistant clerk, clerk secretary;
(xii) In the department of elderly affairs: director;
(xiii) In the department of mental health, retardation, and hospitals:
director;
(xiv) In the department of corrections: director, assistant director (institutions/operations),
assistant director (rehabilitative services), assistant director
(administration), and wardens;
(xv) In the department of children, youth and families: director, one
assistant director, one associate director, and one executive director;
(xvi) In the public utilities commission: public utilities administrator;
(xvii) In the water resources board: general manager;
(xviii) In the human resources investment council: executive director.
(xix) In the office of health and human services: secretary of health and
human services.
(6) Chief of the hoisting engineers, licensing division, and his or her
employees; executive director of the veterans memorial building and his or
her clerical employees.
(7) One confidential stenographic secretary for each director of a department
and each board and commission appointed by the governor.
(8) Special counsel, special prosecutors, regular and special assistants
appointed by the attorney general, the public defender and employees of his
or her office, and members of the Rhode Island bar occupying a position in
the state service as legal counsel to any appointing authority.
(9) The academic and/or commercial teaching staffs of all state institution
schools, with the exception of those institutions under the jurisdiction of
the board of regents for elementary and secondary education and the board of
governors for higher education.
(10) Members of the military or naval forces, when entering or while engaged
in the military or naval service.
(11) Judges, referees, receivers, clerks, assistant clerks, and clerical
assistants of the supreme, superior, family, and district courts, the traffic
tribunal, jurors and any persons appointed by any court.
(12) Election officials and employees.
(13) Administrator, executive high sheriff, sheriffs, chief deputy sheriffs,
deputy sheriffs, and other employees of the sheriff's division within the
department of administration and security officers of the traffic tribunal.
(14) Patient or inmate help in state charitable, penal, and correctional
institutions and religious instructors of these institutions and student
nurses in training, residents in psychiatry in training, and clinical clerks
in temporary training at the institute of mental health within the state of
Rhode Island medical center.
(15) (i) Persons employed to make or conduct a temporary and special inquiry,
investigation, project or examination on behalf of the legislature or a
committee therefor, or on behalf of any other agency of the state if the inclusion
of these persons in the unclassified service is
approved by the personnel administrator. The personnel administrator shall
notify the house fiscal advisor and the senate fiscal advisor whenever he or
she approves the inclusion of a person in the unclassified service.
(ii) The duration of the appointment of a person, other than the persons
enumerated in this section, shall not exceed ninety (90) days or until
presented to the department of administration. The department of
administration may extend the appointment another ninety (90) days.
In no event shall the appointment extend beyond one hundred eighty (180)
days.
(16) Members of the division of state police.
(17) Executive secretary of the
(18) Artist and curator of state owned art objects.
(19) Mental health advocate.
(20) Child advocate.
(21) The position of aquaculture coordinator and
(22) Employees of the office of the health insurance commissioner. (23) In the department of revenue: the
director, secretary, attorney. |
|
492) |
Section |
Adding Chapter Numbers: |
|
|
36-6-21.1 |
56 and 250 |
|
|
|
(b)
The department of administration shall set up a committee on state employee
transportation which shall consist of the directors of the department of
administration, RIDOT, RIDEM, RIDOH and statewide planning, or their
designees, the general manager of RIPTA or designee, and a representative
from a state employee union, to develop, publicize, and implement a plan to
give incentives to state employees to reduce vehicle miles in commuting to
work. The committee
will investigate employee incentives for reducing commuting vehicle miles
offered by other public bodies around the country, investigate practices
developed by the environmental protection
agency’s “Best Workplaces for Commuters Program”, consider the implementation
of carpool, telecommuting, guaranteed-ride-home, bike-to-work and
walk-to-work programs, and incorporate
or adopt those ideas deemed appropriate for (c)
The director of the department of administration shall report annually to the
governor and the committee as to the progress being made to meet the goals. |
|
493) |
Section |
Amending Chapter Numbers: |
|
|
37-2-59 |
255 and 450 |
|
|
|
37-2-59.
Professional services -- Architectural, engineering, and consultant services
-- Committee. -- (a) It shall be the policy of
this state to publicly announce requirements for architectural, engineering,
and consultants services, which are reasonably estimated to exceed twenty
thousand dollars ($20,000), and to negotiate contracts for such professional
services on the basis of demonstrated competence and qualifications and at
fair and reasonable prices.
(b) Except for architectural, engineering and consultant services which can
be solicited and awarded in accordance with the requirements for competitive
sealed offers set forth in sections 37-2-18 -- 37-2-19 of this chapter, a
selection committee shall select persons or firms to render such professional
services. For state agency contracts, the committee shall consist of the
following individuals: the purchasing agent, or his or her designee, as
chairman; a representative of the user agency; and a public member, appointed
by the governor, subject to the advice and consent of the senate, who
shall represent the interests of the general public. The governor may
appoint an alternate public member, subject to advice and consent of the
senate, who shall represent the interests of the general public who shall
serve in the absence of the public member. The term of the public member
shall be concurrent with that of the governor. Three (3) members, one being
the purchasing agent or his or her designee, shall constitute a quorum. A
quorum must be present to conduct business.
(c) The procurement of auditing and accounting services shall continue to be
subject to the provisions of sections 22-13-6 and 35-7-13. |
|
494) |
Section |
Amending Chapter Numbers: |
|
|
37-2.3-3 |
121 and 139 |
|
|
|
37-2.3-3.
Definitions. [Effective January 1, 2009.] — As used in this
chapter, the following terms shall have the following meanings: (1)
‘‘Agency’’ includes any executive office, department, division, board,
commission, or other office or officer in the executive branch of the
government. (2)
‘‘Private contractor employee’’ includes a worker directly employed by a private
contractor, as defined in this section, as well as an employee of a
subcontractor or an independent contractor that provides
supplies or services to a private contractor. (3)
‘‘Services’’ includes, with respect to a private contractor, all aspects of
the provision of services provided by a private contractor pursuant
to a privatization contract, or any services provided by a subcontractor
of a private contractor. (4)
‘‘Person’’ includes an individual, institution, federal, state, or local
governmental entity, or any other public or private entity. (5)
‘‘Privatization or privatization contract’’ means an agreement or
combination or series of agreements by which a non-governmental person
or entity agrees with an agency to provide services expected to result
in a fiscal year expenditure of at least one hundred fifty thousand
dollars ($150,000) (as of July 1 each year, the amount shall increase
to reflect increases in the consumer price index calculated by the
United States Bureau of Labor Statistics for all urban consumers nationally
during the most recent twelve (12) month period for which data are
available or more), which would contract services which are substantially
similar to and in replacement of work normally performed by an employee of an
agency as of June 30, 2007. ‘‘Privatization’’
or ‘‘privatization contract’’ excludes:
on a
non-recurring basis;
privatization
contract which existed before June 30, 2007; or (b) renews
or rebids a privatization contract that was subject to the provisions
of this statute after its enactment; and
(6)
‘‘Privatization contractor’’ is any contractor, consultant, subcontractor,
independent contractor or private business owner that contracts
with a state agency to perform services in accordance with the
definition of a ‘‘privatizaton contract.’’ |
|
495) |
Section |
Adding Chapter Numbers: |
|
|
37-6-1.3 |
384 and 393 |
|
|
|
37-6-1.3.
Public disclosure of the management and disposal of property. -- (a) The state properties committee shall prepare and
submit to the secretary of state quarterly a list containing: (1)
Any and all action(s) taken or approval(s) given pursuant to Rhode Island
general laws sections 37-7-1, 37-7-2, 37-7-3, 37-7-5, 37-7-5.1, 37-7-8, and
37-7-9; (2)
The name(s), including corporate and fictitious name(s), of all parties to
any action taken or approval given; (3)
The location, by number, street, and city/town, along with tax assessor's
plat and lot, of any property effected by any action taken or approval given;
(4)
The amount of payment or reimbursement paid or to be paid in each instance;
and (5)
Location of each document, deed, and/or other instrument of conveyance and
demise of land or other real property sold or leased. (b)
The secretary of state shall compile, publish, and make available for public
inspection all lists prepared in accordance with this chapter. |
|
496) |
Section |
Amending Chapter Numbers: |
|
|
37-8-17.1 |
256 and 421 |
|
|
|
37-8-17.1.
Energy efficient resources. -- (a)
In addition to the requirements set forth in section 37-8-19, the director of
the department of administration, in consultation with the state energy office,
shall establish, maintain, and implement a system of rebate incentives for
the installation of energy efficient sources in state owned and leased
buildings offered by the various public utilities providing those resources
to the state. (b)
Any public building that is owned by the state or any department, office,
board, commission, or agency thereof, including state-supported institutions
of higher education shall purchase or generate sixteen percent (16%) of their
electricity from renewable energy resources by January 1, 2020, in accordance
with the following schedule: By
2010, four and one-half percent (4.5%) of electricity used shall be from
renewable energy resources, with an additional one percent (1%) of
electricity purchased or generated in each of the following years 2011, 2012,
2013, 2014; and an additional one and one-half percent (1.5%) of electricity
purchased or generated in each of the following years 2015, 2016, 2017, 2018,
and 2019, from renewable energy resources. (c)
On or before June 1, 2009 the office of Energy Resources shall file a report
with the President of the Senate and the Speaker of the House of
Representatives detailing the progress of the program to include but not be
limited to, suggestions for achieving the stated goals for renewable energy
resources. |
|
497) |
Section |
Adding Chapter Numbers: |
|
|
37-13-3.1 |
380 and 389 |
|
|
|
|
|
498) |
Section |
Amending Chapter Numbers: |
|
|
39-1.1-2.1 |
431 and 445 |
|
|
|
39-1.1-2.1.
or electric
service in any residence in which there is domiciled a person under the age
of |
|
499) |
Section |
Amending Chapter Numbers: |
|
|
39-2-1.2 |
100, 228 and 422 |
|
|
|
39-2-1.2.
Utility base rate -- Advertising, demand side management and renewables. -- (a) In addition to costs prohibited in section
39-1-27.4(b), no public utility distributing or providing heat, electricity,
or water to or for the public shall include as part of its base rate any
expenses for advertising, either direct or indirect, which promotes the use
of its product or service, or is designed to promote the public image of the
industry. No public utility may furnish support of any kind, direct, or indirect,
to any subsidiary, group, association, or individual for advertising and
include the expense as part of its base rate. Nothing contained in this
section shall be deemed as prohibiting the inclusion in the base rate of
expenses incurred for advertising, informational or educational in nature,
which is designed to promote public safety conservation of the public
utility's product or service. The public utilities commission shall
promulgate such rules and regulations as are necessary to require public
disclosure of all advertising expenses of any kind, direct or indirect, and
to otherwise effectuate the provisions of this section.
(b) Effective as of January 1, 2003, and for a period of ten (10) years
thereafter, each electric distribution company shall include charges of 2.0
mills per kilowatt-hour delivered to fund demand side management programs and
0.3 mills per kilowatt-hour delivered to fund renewable energy programs.
Existing charges for these purposes and their method of administration shall
continue through December 31, 2002. Thereafter, the electric distribution
company shall establish and after July 1, 2007, maintain two (2) separate
accounts, one for demand
side management programs, which shall be administered and implemented by the
distribution company, subject to the regulatory reviewing authority of the
commission
During the ten (10) year period the commission may, in its discretion, after
notice and public hearing, increase the sums for demand side management and
renewable resources; thereafter, the commission shall, after notice and
public hearing, determine the appropriate charge for these programs. The
office of energy resources and/or the administrator of the renewable energy
programs as a
priority; (2) research and development activities in Rhode Island pertaining
to eligible renewable energy resources and to other renewable energy
technologies for electrical generation; or (3) projects and activities directly
related to implementing eligible renewable energy resources projects in Rhode
Island. Technologies for converting solar energy for space heating or
generating domestic hot water may also be funded through the renewable energy
programs, so long as these technologies are installed on housing projects
that have been certified by the executive director of the effect
as of August 7, 1996 shall be continued, and the costs of all of these
discounts shall be included in the distribution rates charged to all other
customers. Nothing in this section shall be construed as prohibiting an
electric distribution company from offering any special rates or programs for
low-income customers which are not in effect as of August 7, 1996, subject to
the approval by the commission. (c)
On or before November 15, 2008, the economic development corporation shall
create the municipal renewable energy investment program utilizing the lesser
of fifty percent (50%) or one million dollars ($1,000,000) collected annually
from the .3 mils per kilo-watt hour charge for renewable energy programs, to
fund qualified municipal renewable energy projects in accordance with this
chapter and the following provisions: (1)
The municipal renewable energy investment programs shall be administered
pursuant to rules established by the economic development corporation. Said
rules shall provide transparent criteria to rank qualified municipal
renewable energy projects, giving consideration to: (i)
the feasibility of project completion; (ii)
the anticipated amount of renewable energy the project will produce; (iii)
the potential of the project to mitigate energy costs over the life of the
project; and (iv)
the estimated cost per kilo-watt hour (kwh) of the energy produced from the
project. Municipalities that have not previously received financing from this
program shall be given priority over those municipalities that have received
funding under this program. (2)
Beginning on January 1, 2009, the economic development corporation shall
solicit proposals from municipalities for eligible projects and shall award
grants, in accordance with the rules and ranking criteria, of no more than
five hundred thousand dollars ($500,000) to each eligible project. (3)
Any funds not expended from the municipal renewable energy investment
programs in a given year shall remain in the fund and be added to the balance
to be distributed in the next award cycle. For the purposes of this section,
qualified municipal renewable energy projects means any project that produces
renewable energy resources and whose output of power and other attributes is
controlled in its entirety by at least one Rhode Island city or town. (d)
On or before November 15, 2008, the economic development corporation shall
create the nonprofit affordable housing renewable energy investment program
utilizing the lesser of ten percent (10%) or two hundred thousand dollars
($200,000) collected annually from the .3 mils per kilo-watt hour charge for
renewable energy programs to fund qualified nonprofit affordable housing
renewable energy projects in accordance with this chapter and the following
provisions: (1)
The nonprofit affordable housing renewable energy investment programs shall
be administered pursuant to rules established by the economic development
corporation in consultation with the (i)
the feasibility of project completion; (ii)
the anticipated amount of renewable energy the project will produce; (iii)
the potential of the project to mitigate energy costs over the life of the
project; and (iv)
the estimated cost per kilo-watt hour (kwh) of the energy produced from the
project. Nonprofit affordable housing agencies that have not previously
received financing from this program shall be given priority over those
agencies that have received funding under this program. (2)
Beginning on January 1, 2009, the economic development corporation, in
consultation with the process
and shall notify the corporation of the awardees. (3)
Any funds not expended from the affordable housing renewable energy
investment program in a given year shall remain in the fund and be added to
the balance to be distributed in the next award cycle. For the purposes of
this section, “qualified nonprofit affordable housing renewable energy
projects” means any project that produces renewable energy resources and
whose output of power and other attributes is controlled in its entirety by
at least one nonprofit affordable
housing development as defined in section 42-55-3 and is restricted to
producing energy for the nonprofit affordable housing development.
(i) gas used for distribution generation; and
(ii) gas used for the manufacturing processes, where the customer has
established a self-directed program to invest in and achieve best effective
energy efficiency in accordance with a plan approved by the commission and
subject to periodic review and approval by the commission,
which plan shall require annual reporting of the amount invested and the
return on investments in terms of gas savings.
may by mutual
agreement, be used in coordination with the office of energy resources to
support such activities. |
|
500) |
Section |
Amending Chapter Numbers: |
|
|
39-3-11.2 |
93, 100, and 122 |
|
|
|
39-3-11.2.
Interim rates. -- Notwithstanding the provisions of
titles 23 and 39, the municipal tipping fee charged by the resource recovery
corporation shall be as follows: (1)
(2)
Thirty-one dollars ($31.00) per ton from July 1, 2008 to June 30, 2009, for
any municipality that recycles between twenty-five percent (25%) and
twenty-nine percent (29%) of its solid waste at the Corporation's
("MRF") in Johnston. (3)
Thirty dollars ($30.00) per ton from July 1, 2008 to June 30, 2009, for any
municipality that recycles between thirty percent (30%) and thirty-four
percent (34%) of its solid waste at the Corporation's ("MRF") in
Johnston. (4)
Twenty-nine dollars ($29.00) per ton from July 1, 2008 to June 30, 2009, for
any municipality that recycles thirty-five percent (35%) or more of its solid
waste at the Corporation's ("MRF") in Johnston. (5)
The corporation shall issue a rebate not later than August 1, 2009 to those
municipalities qualifying for a year end tipping fee adjustment according to
the municipality's actual recorded tonnage delivered to the MRF in Johnston,
and in accordance with the provisions of the municipality's current-year
signed solid waste and recycling services agreement with the corporation. |
|
501) |
Section |
Amending Chapter Numbers: |
|
|
39-19-1 |
116 and 266 |
|
|
|
39-19-1.
"Community antenna television system" defined. -- "Community antenna television
system" or "CATV" as used in this chapter shall mean and
include the ownership or operation of a cable television system which
receives video or audio signals, electrical impulses, or currents at a
central antenna or electronic control center within this state and from which
it distributes or transmits such signals, impulses, or currents by a cable or
wire system to electronic equipment at a customer's terminal point within
this state |
|
502) |
Section |
Amending Chapter Numbers: |
|
|
39-19-10 |
116 and 266 |
|
|
|
39-19-10.
(1)
A CATV operator or other telephone, telecommunications or information service
provider who affixes or causes to be affixed CATV, telephone,
telecommunications or information facilities to the dwelling or commercial
unit of a tenant shall (i) do so at no cost to the
landlord of the dwelling, (ii) indemnify the landlord for damages, if any,
arising from the installation and/or the continued operation thereof, and
(iii) not interfere with the safety, functioning, appearance or use of the
dwelling or commercial unit, nor interfere with the reasonable rules and regulations of the owner dealing with the
day-to-day operations of the property, including the owner's reasonable
access rules for soliciting business. Nothing in this subdivision shall
prohibit a landlord from contracting with the CATV operator or other
telephone, telecommunications or information service provider for work in
addition to standard installation.
(2) No CATV operator or landlord shall enter into any agreement with persons
owning, leasing, controlling, or managing a building served by a CATV system
or perform any act which would directly or indirectly diminish or interfere
with the rights of any tenant to use a master or individual antenna system.
(3) (i) A CATV operator or other telephone, telecommunications or information
service provider shall have the landlord's consent to affix CATV system
facilities which are necessary to either offer or provide service to a
tenant's dwelling or commercial unit by delivery to the owner, in
person or by certified mail, return receipt requested, of a copy of this
section and a signed statement that the CATV operator or other telephone,
telecommunications or information service provider will be bound by the terms
of this section to the owner or lawful agent of the property upon which the
CATV system facilities are to be affixed. A CATV operator or other
telephone, telecommunications or information service provider shall be
permitted to affix CATV systems facilities pursuant to this subdivision prior
to receiving a request for service from a tenant.
(ii) The CATV operator or other service provider shall present and review
with the owner prior to any installation, plans and specifications for the
installation, and shall abide by reasonable installation requests by the
owner. The CATV operator or other telephone, telecommunications or
information service provider will inspect the premises with the owner after
installation to insure conformance with the plans and specifications. The
owner may waive in
writing the prior presentation of the plans and specifications. The CATV
operator or other telephone, telecommunications or information service
provider shall be responsible for the maintenance of any equipment installed
on the owner's premises and shall be entitled to reasonable access for
maintenance. The CATV operator or other service provider shall also, prior to
any installation, provide, upon the request of the owner, a certificate of
insurance covering all the employees or agents of the installer, CATV
operator or other service provider as well as all equipment of the operator
or other telephone, telecommunications or information service provider.
(4) If the owner of any such real estate intends to require the payment of
any sum in excess of a nominal amount, herein defined as one dollar ($1.00),
in exchange for permitting the installation of CATV, telephone,
telecommunications or information system facilities to the dwelling or
commercial unit of a tenant, the owner shall notify the CATV operator or
other service provider by certified mail, return receipt requested, within
twenty (20) days of the date on which the owner is notified that the CATV
operator or other telephone, telecommunications or information service
provider intends to extend CATV telephone, telecommunications or information
system facilities to the dwelling or commercial unit of a tenant of
the owner's real estate. Absent such notice, it will be conclusively presumed
that the owner will not require payment in excess of the nominal amount
specified in this subdivision for the connection.
(5) If the owner gives notice, the owner will, within thirty (30) days after
giving notice advise the CATV operator or other service provider in writing
of the amount the owner claims as compensation for affixing CATV, telephone,
telecommunications or information system facilities to his or her real
estate. If within thirty (30) days after receipt of the owner's claim for
compensation, the CATV operator or other telephone, telecommunications or
information service provider has not agreed to accept the owner's demand, the
owner may bring an action in the superior court for the county in which the
real estate is located to enforce the owner's claim for compensation. The
action shall be brought within six (6) months of the date on which the owner
first made a demand upon the CATV operator or other telephone,
telecommunications or information service provider for compensation and not
thereafter.
(6) It shall be presumed that reasonable compensation therefor shall be the
nominal amount, but the presumption may be rebutted and overcome by evidence
that the owner has a specific alternative use for the space occupied by CATV
or other telephone, telecommunications or information system facilities or
equipment, the loss of which shall result in a monetary loss to the owner, or
that installation of CATV or other telephone, telecommunications or
information system facilities or equipment upon the multiple dwelling or
commercial unit will otherwise substantially interfere with the use and
occupancy of the unit to an extent which causes a decrease in the resale or
rental value of the real estate. In determining the damages to any real
estate injured when no part of it is being taken, consideration is to be
given only to such injury as is special and peculiar to the real estate, and
there shall be deducted therefrom the amount of any benefit to the real
estate by reason of the installation of CATV, telephone, telecommunications
or information system facilities.
(7) None of the foregoing steps to claim or enforce a demand for compensation
in excess of the nominal amount shall impair or delay the right of the CATV
operator or other service provider to install, maintain, or remove CATV
system facilities to a tenant's dwelling or commercial
unit on the real estate. The superior
court shall have original jurisdiction to enforce the provisions of this
subdivision. (i)
In the event that the superior court determines that any individual or entity
has unreasonably interfered with the rights granted to tenants, CATV
operators or other service providers as set forth in this subdivision, the
superior court may award the party seeking enforcement its reasonable attorney's
fees and costs.
(ii) Nothing contained herein shall impair the right of a tenant of a
multiple dwelling unit or a CATV operator or other telephone,
telecommunications or information service provider to pursue any other
remedies which may be available at law or in equity.
(8) It shall be an unfair trade practice under chapter 13.1 of title 6 for
any person owning, leasing, or managing any multiple dwelling unit served by
a CATV system or other telephone, telecommunications or information service
provider to discriminate in rental charges or other charges to tenants based
on the tenants' subscription to a CATV, telephone, telecommunications or
information service from and after June 25, 1986 or to demand or accept
payment, except as provided in this section, for the affixing of CATV,
telephone, telecommunications or information facilities to a tenant's
dwelling or commercial unit; provided, however, that this subdivision
shall not apply to contracts entered into on or before June 25, 1986. |
|
503) |
Section |
Amending Chapter Numbers: |
|
|
39-19-10.1 |
116 and 266 |
|
|
|
39-19-10.1.
Installation of cable television in mobile or manufactured home parks.
-- A tenant in a mobile or
manufactured home park may subscribe to CATV service, subject to the following
provisions:
(1) A CATV operator who affixes or causes to be affixed CATV facilities to
the dwelling of a tenant shall (i) do so at no cost to the landlord of such
mobile or manufactured home park, (ii) indemnify the landlord for damages, if
any, arising from the installation and/or the continued
operation thereof, and (iii) not interfere with the safety, functioning,
appearance, or use of the mobile or manufactured home park, nor interfere
with the reasonable rules and regulations of
the owner dealing with the day-to-day operations of the property, including
the owner's reasonable access rules for soliciting business. Nothing in this
subdivision shall prohibit a landlord from contracting with the CATV operator
for work in addition to standard installation.
(2) No CATV operator shall enter into any agreement with persons owning,
leasing, controlling, or managing a mobile or manufactured home park served
by a CATV system or perform any act which would directly or indirectly diminish
or interfere with the rights of any tenant to use a master or individual
antenna system.
(3) (i) A CATV operator shall have the landlord's consent to affix CATV
system facilities which are necessary to either offer or provide service
to a privately owned utility pole within the mobile or manufactured home park
by delivery to the owner, in person or by certified mail, return receipt
requested, of a copy of this section and a signed statement that the CATV
operator will be bound by the terms of this section to the owner or lawful
agent of the property upon which the CATV system facilities are to be
affixed. A CATV operator or other telephone, telecommunications or
information service provider shall be permitted to affix CATV systems
facilities pursuant to this subdivision prior to receiving a request for
service from a tenant.
(ii) The CATV operator shall present and review with the owner prior to any
installation, plans and specifications for the installation, and shall abide
by reasonable installation requests by the owner. The CATV operator will
inspect the premises with the owner after installation to insure conformance
with the plans and specifications. The owner may waive in writing the prior
presentation of the plans and specifications. The CATV operator shall be
responsible for the maintenance
of any equipment installed on the owner's premises and shall be entitled to
reasonable access for maintenance. The CATV operator shall also, prior to any
installation, provide, upon the request of the owner, a certificate of
insurance covering all the employees or agents
of the installer or CATV operator as well as all equipment of the operator.
(4) If the owner of any privately owned utility pole intends to require the
payment of any sum in excess of a nominal amount, herein defined as the
amount paid by the CATV operator to utility companies for installation of
similar facilities on their poles, in exchange for permitting the
installation of CATV system facilities to the privately owned utility pole,
the owner shall notify the CATV operator by certified mail, return receipt
requested, within twenty (20) days of the date on which the owner is notified
that the CATV operator intends to install CATV system facilities on the
privately owned utility pole within the mobile or manufactured home park.
Absent such notice, it will be conclusively presumed that the owner will not
require payment in excess of the nominal amount specified in this subdivision
for the connection.
(5) If the owner gives notice, the owner will, within thirty (30) days after
giving notice, advise the CATV operator in writing of the amount the owner
claims as compensation for affixing CATV system facilities to his or her
privately owned utility pole. If within thirty (30) days
after receipt of the owner's claim for compensation, the CATV operator has
not agreed to accept the owner's demand, the owner may bring an action in the
superior court for the county in which the real estate is located to enforce
the owner's claim for compensation. The action shall be brought within six
(6) months of the date on which the owner first made a demand upon the CATV
operator for compensation and not thereafter.
(6) It shall be presumed that reasonable compensation therefor shall be the
nominal amount, but the presumption may be rebutted and overcome by evidence
that the owner has a specific alternative use for the space occupied by CATV
system facilities or equipment, the loss of which shall result in a monetary
loss to the owner, or that installation of CATV system facilities or
equipment upon the privately owned utility pole will otherwise substantially
interfere with the use and occupancy of the pole to an extent which causes a
decrease in the resale or rental value of the real estate. In determining the
damages to any real estate injured when no part of it is being taken,
consideration is to be given only to such injury as is special and peculiar
to the real estate, and there shall be deducted therefrom the amount of any
benefit to the real estate by reason of the installation of CATV system
facilities.
(7) None of the foregoing steps to claim or enforce a demand for compensation
in excess of the nominal amount shall impair or delay the right of the CATV
operator to install, maintain, or remove CATV system facilities to a tenant's
dwelling on the real estate. The superior court shall have original
jurisdiction to enforce the provisions of this subdivision. (i)
In the event that the superior court determines that any individual or entity
has unreasonably interfered with the rights granted to tenants, CATV
operators or other service providers as set forth in this subdivision, the
superior court may award the party seeking enforcement
its reasonable attorney's fees and costs. (ii)
Nothing contained herein shall impair the right of a tenant or a CATV
operator or other telephone, telecommunications or information service
provider to pursue any other remedies which may be available at law or in
equity.
(8) It shall be an unfair trade practice under chapter 13.1 of title 6 for
any person owning, leasing, or managing any mobile or manufactured home park
served by a CATV system to discriminate in rental charges or other charges to
tenants based on the tenants' subscription to a CATV service from and after
July 1, 1987 or to demand or accept payment, except as provided in this
section, for the affixing of CATV facilities to a privately owned utility
pole within the mobile or manufactured home park provided, however, that this
subdivision shall not apply to contracts entered into on or before July 1,
1987.
(9) For the purposes of this section the phrase "privately owned utility
pole" refers to a utility pole which is owned by a person or entity
other than a public utility or municipal corporation providing electric or
telecommunications services. |
|
504) |
Section |
Amending Chapter Numbers: |
|
|
39-26-2 |
348 and 356 |
|
|
|
39-26-2.
Definitions. -- When used in this chapter:
(1) "Alternative compliance payment" means a payment to the
Renewable Energy Development Fund of fifty dollars ($50.00) per megawatt-hour
of renewable energy obligation, in 2003 dollars, adjusted annually up or down
by the consumer price index, which may be made in lieu of standard means of
compliance with this statute;
(2) "Commission" means the
(3) "Compliance year" means a calendar year beginning January 1 and
ending December 31, for which an obligated entity must demonstrate that it
has met the requirements of this statute;
(4) "Customer-sited generation facility" means a generation unit
that is interconnected on the end-use customer's side of the retail
electricity meter in such a manner that it displaces all or part of the
metered consumption of the end-use customer; (5)
"Educational institution" means any public school, approved private
non-profit school, or institution of higher education as defined in 20 USC
Chapter 28, Subchapter 1, Part A section 1001 (a).
(11)
"Farm" shall be defined in accordance with section 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 renewable generation on either
a tract of land contiguous with such farmland or across a public way from
such farmland.
(17)
"Net metering" means the process of measuring the difference
between electricity delivered by an electrical distribution company and
electricity generated by a solar-net-metering facility or wind-net-metering
facility, and fed back to the distribution company;
(19)
"Non-profit affordable housing" shall mean a housing development or
housing project as defined by section 42-55-3 undertaken by a non-profit
entity where the residential units taking electric service are either in the
same building in close proximity to the renewable energy source or, if not
within the same building, are within one-half (1/2) of a mile radius from the
renewable energy source; provided, however, that the application has been
filed with and reviewed
by the division of public utilities and carriers and the division has
certified the development or project as eligible. The division shall
promulgate regulations setting forth an application process and eligibility
criteria to assure that the net metering allowed will benefit low income
residential electric customers only.
(22)
"Renewable generation credit" means credit equal to the excess kWhs
by the time of use billing period (if applicable) multiplied by the sum of
the distribution company's: (i)
standard offer service kWh charge for the rate class applicable to the net
metering customer; (ii)
distribution kWh charge; (iii)
transmission kWh charge; and (iv)
transition kWh charge. This does not include any charges relating to
conservation and load management, demand side management, and renewable
energy.
Code of Federal
Regulations, section 92.201 et seq.; provided, however, that the size of the
facility is limited to thirty (30) megawatts, rather than eighty (80)
megawatts. |
|
505) |
Section |
Amending Chapter Numbers: |
|
|
39-26-6 |
348 and 356 |
|
|
|
39-26-6.
Duties of the commission. -- The
commission shall:
(a) Develop and adopt regulations on or before December 31, 2005, for
implementing a renewable energy standard, which regulations shall include,
but be limited to, provisions for:
(1) Verifying the eligibility of renewable energy generators and the
production of energy from such generators, including requirements to notify
the commission in the event of a change in a generator's eligibility status.
(2) Standards for contracts and procurement plans for renewable energy
resources, to achieve the purposes of this chapter.
(3) Flexibility mechanisms for the purposes of easing compliance burdens,
facilitating bringing new renewable resources on-line, and avoiding and/or
mitigating conflicts with state level source disclosure requirements and
green marketing claims throughout the region; which flexibility
mechanisms shall allow obligated entities to: (i) demonstrate compliance over
a compliance year; (ii) bank excess compliance for two (2) subsequent
compliance years, capped at thirty percent (30%) of the current year's
obligation; and (iii) allow renewable energy generated during 2006 to be
banked by an obligated entity as early compliance, usable towards meeting an
obligated entity's 2007 requirement. Generation used for early compliance
must result in the retirement
of NE-GIS certificate in a reserved certificate account designated for such
purposes.
(4) Annual compliance filings to be made by all obligated entities within one
month after NE-GIS reports are available for the fourth (4th) quarter of each
calendar year. All electric utility distribution companies shall cooperate
with the commission in providing data necessary to assess the magnitude of
obligation and verify the compliance of all obligated entities.
(b) Authorize rate recovery by electric utility distribution companies of all
prudent incremental costs arising from the implementation of this chapter,
including, without limitation, the
purchase of NE-GIS certificates, the payment of alternative compliance
payments, required payments to support the NE-GIS, assessments made pursuant
to section 39-26-7(c) and the incremental
costs of complying with energy source disclosure requirements.
(c) Certify eligible renewable energy resources by issuing statements of
qualification within ninety (90) days of application. The commission shall
provide prospective reviews for applicants seeking to determine whether a
facility would be eligible.
(d) Determine, on or before January 1, 2010, the adequacy, or potential
adequacy, of renewable energy supplies to meet the increase in the percentage
requirement of energy from renewable energy resources to go into effect in
2011 and determine on or before January 1, 2014, the adequacy or potential
adequacy, of renewable energy supplies to meet the increase in the percentage
requirement of energy from renewable energy resources to go into effect in
2015. In making
such determinations the commission shall consider among other factors the
historical use of alternative compliance payments in
(e) Establish sanctions for those obligated entities that after investigation
have been found to fail to reasonably comply with the commission's
regulations. No sanction or penalty shall relieve or diminish an obligated
entity from liability for fulfilling any shortfall in its compliance
obligation; provided, however, that no sanction shall be imposed if
compliance is achieved through alternative compliance payments. The
commission may suspend or revoke the certification of generation units,
certified in accordance with subsection (c) above, that are found to provide
false information, or that fail to notify the commission in the event of a
change in eligibility status or otherwise comply with its rules. Financial
penalties resulting from sanctions from
obligated entities shall not be recoverable in rates.
(f) Report, by February 15, 2006, and by February 15 each year thereafter, to
the governor, the speaker of the house and the president of the senate on the
status of the implementation of the renewable energy standards in report
shall include in 2009, and each year thereafter, the level of use of
renewable energy certificates by eligible renewable energy resources and the
portion of renewable energy standards met through alternative compliance
payments, and the amount of rate increases authorized pursuant to subsection
(b) above.
(g) Implement the following changes regarding distributed generation from
renewable energy systems by January 1,
(1) Increase the maximum allowable distributed generation capacity for
eligible net-metered energy systems to
(2) Increase the aggregate amount of net metering to a (3)
If the electricity generated by the renewable generation facility during a
billing period exceeds the customer's kilowatt-hour usage during the billing
period, the customer shall be billed for zero kilowatt-hour usage and the
excess renewable generation credits shall be credited to the customer's
account for the following billing period. Any (4)
If the customer's kilowatt-hour usage exceeds the electricity generated by
the renewable generation facility during the billing period, the customer
shall be billed for the net kilowatt-hour usage at the applicable rate. Any
excess credits may be carried forward month to month for twelve (12) month
periods as established by the commission. At the end of the applicable twelve
(12) month period, if there are unused excess credits on the net metering
customer accounts, such credits shall be transferred to the renewable energy
low income fund set forth in subsection 39-26-6(j).
(h) (i)
Report, by July 1, 2010 to the governor, the speaker of the house and the
president of the senate on the status of the implementation of subsection (g)
provisions
are optimally cost-effective, reliable, prudent and environmentally
responsible. (j)
The commission shall establish a renewable energy low income fund to which
unused excess renewable credits shall be transferred, as provided in
subdivision 39-26-6(g)(4). The commission shall direct the electrical
distribution utility to apply the credits to reduce the electric bills of
customers in the low income rate class, by such method as determined by the
commission. The electric distribution company shall file an annual report
disclosing the amount of unused credits
and propose a method of allocating the credits to the low income rate class.
The commission shall, after conducting a public hearing, retain discretion to
accept the proposal, modify it, or direct a different method of allocating
the credits to the low income rate class. (k)
Consistent with the public policy objective of developing renewable
generation as an option in pilot programs
to own and operate no more than fifteen megawatts (15MW) of renewable
generation demonstration projects in |
|
506) |
Section |
Amending Chapter Numbers: |
|
|
39-26-7 |
100, 228 and 422 |
|
|
|
39-26-7.
Renewable energy development fund. -- (a)
There is hereby authorized and created within the economic development
corporation a renewable energy development fund for the purpose of increasing
the supply of NE-GIS certificates available for compliance in future years by
obligated entities with renewable energy standard requirements, as
established in this chapter. The fund shall be located at and administered by
the
(b) The economic development corporation shall enter into agreements with
obligated entities to accept alternative compliance payments, consistent with
rules of the commission and the purposes set forth in this section; and
alternative compliance payments received pursuant to this section shall be
trust funds to be held and applied solely for the purposes set forth in this
section.
(c) The uses of the fund shall include but not be limited to:
(1) Stimulating investment in renewable energy development by entering into
agreements, including multi-year agreements, for renewable energy
certificates;
(2) Issuing assurances and/or guarantees to support the acquisition of
renewable energy certificates and/or the development of new renewable energy
sources for
(3) Establishing escrows, reserves, and/or acquiring insurance for the
obligations of the fund;
(4) Paying administrative costs of the fund incurred by the economic
development corporation or the board of trustees, not to exceed ten percent
(10%) of the income of the fund, including, but not limited to, alternative
compliance payments.
(d) NE-GIS certificates acquired through the fund may be conveyed to
obligated entities or may be credited against the renewable energy standard
for the year of the certificate provided that
the commission assesses the cost of the certificates to the obligated entity,
or entities, benefiting from the credit against the renewable energy
standard, which assessment shall be reduced by previously made alternative
compliance payments and shall be paid to the fund.
|
|
507) |
Section |
Amending Chapter Numbers: |
|
|
40-8-19 |
100 and 475 |
|
|
|
40-8-19.
Rates of payment to nursing facilities. -- (a)
Rate reform. The rates to be paid by the state to nursing facilities
licensed pursuant to chapter 17 of title 23, and certified to
participate in the Title XIX Medicaid program for services rendered to
Medicaid-eligible residents,
shall be reasonable and adequate to meet the costs which must be incurred by
efficiently and economically operated facilities in accordance with 42 U.S.C.
1396a(a)(13). The department of human services shall promulgate or
modify the principles of reimbursement for nursing facilities currently in
effect on July 1, 2003 to be consistent with the provisions of this section
and Title XIX, 42 U.S.C. 1396 et seq., of the Social Security Act.
(b)
Rate reform. Subject to the phase-in provisions in subsections (c) and
(d), the department shall, on or before October 1, 2005, modify the
principles of reimbursement for nursing facilities to include the following
elements: (1)
Annual base years; (2)
Four (4) cost centers: direct labor, property, other operating, and pass
through items; (3)
Re-array of costs of all facilities in the labor and other operating cost
centers every three (3) years beginning with calendar year 2002; (4)
A ceiling maximum for allowable costs in the direct labor cost center to be
established by the department between one hundred ten percent (110%) and one
hundred twenty-five percent (125%) of the median for all facilities for the
most recent array year. (5)
A ceiling maximum for allowable costs in the other operating cost center to
be established by the department between ninety percent (90%) and one hundred
fifteen percent (115%) of the median for all facilities for the most recent
array year; (6)
Adjustment of costs and ceiling maximums by the increase in the National
Nursing Home Price Index ("NNHPI") for the direct labor cost center
and the other operating cost center for year between array years; such
adjustments to be applied on October 1st of each year beginning October 1,
2003 for the direct labor cost center and October 1, 2005 for the other
operating cost center, except for the fiscal year beginning July 1, 2006 for
which the price index shall be applied on February 1, 2007 and for the fiscal
year beginning October 1, 2007 for which the adjustment of costs and ceiling
maximums shall be one and one-tenth percent (1.1%)
(7) Application of a fair rental value system to be developed by the
department for calculating allowable reimbursement for the property cost
center; (8)
Such quality of care and cost containment incentives as may be established by
departmental regulations. (c)
Phase I Implementation. The department shall file a state plan amendment
with the U.S. Department of Health and Human Services on or before August 1,
2003 to modify the principles of reimbursement for nursing facilities, to be
effective on October 1, 2003, or as soon thereafter as is authorized by an
approved state plan amendment, to establish the direct labor cost center and
the pass through items cost center utilizing calendar year 2002 cost data,
and to apply the ceiling maximums in subsections (b)(4) and (b)(5). Nursing
facilities whose allowable 2002 direct labor costs are below the median in
the direct labor cost center may make application to the department for a
direct labor cost interim payment adjustment equal to twenty-five percent
(25%) of the amount such allowable 2002 direct labor costs are below the
median in the direct labor cost center, provided that the interim payment
adjustment granted by the department on or after October 1, 2003 must be
expended by the facility on expenses allowable within the direct labor
cost center, and any portion of the interim payment not expended on
allowable direct labor cost center expenses shall be subject to retroactive
adjustment and recoupment by the department upon the department's
determination of a final direct labor payment adjustment after review of the
facility's actual direct labor expenditures. The final direct labor payment
adjustment will be included in the facility's October 1, 2004 rate until the
facility's next base year. (d)
Phase II Implementation. The department shall file a state plan
amendment with the U.S. Department of Health and Human Services to modify the
principles of reimbursement for nursing facilities, to be effective on
September 1, 2004, or as soon thereafter as is authorized by an approved
state plan amendment, to establish a fair rental value system for calculating
allowable reimbursement for the property cost center in accordance with
subsection (b)(7); provided, however, that no facility shall receive a
payment as of September 1, 2004 for property-related expenses pursuant to the
fair rental value system that is less than the property-related payment they
would have received for the other property-related ("OPR") cost
center system in effect as of June 30, 2004. |
|
508) |
Section |
Amending Chapter Numbers: |
|
|
40-21-1 |
100 and 100 |
|
|
|
40-21-1 Prescription drug program. – The department of human services is hereby
authorized and directed to amend its practices, procedures, regulations and
the Rhode Island state plan for medical assistance (Medicaid) pursuant to
title XIX of the Federal Social Security Act [42 U.S.C. § 1396 et seq.] to
modify the prescription drug program: (1) To establish a
preferred drug list (PDL); (2) To enter into
supplemental rebate, discount or other agreements with pharmaceutical
companies; and (3) To negotiate either
state-specific supplemental rebates or to participate in a multi-state
pooling supplemental rebate program. Determinations
of drugs included on the PDL will be made by the State Department of Human
Services, and a listing of such drugs shall be maintained on a public
website. In making these determinations, the department shall consider the
recommendations of the Medicaid Pharmaceutical and Therapeutics Committee,
whose membership shall include practicing pharmacists and physicians, faculty
members of the |
|
509) |
Section |
Adding Chapter Numbers: |
|
|
40-22 |
375 and 387 |
|
|
|
CHAPTER 22 FOOD STAMP
EMPLOYMENT AND TRAINING PROGRAM |
|
510) |
Section |
Adding Chapter Numbers: |
|
|
40-22-1 |
375 and 387 |
|
|
|
40-22-1. Short
title. – This chapter
shall be known and may be cited as the "Food Stamp Employment and
Training Program." |
|
511) |
Section |
Adding Chapter Numbers: |
|
|
40-22-2 |
375 and 387 |
|
|
|
40-22-2.
Legislative findings. – (1) Many
food stamp recipients need assistance entering the job market or increasing
their skills to obtain a good paying job. (2)
There are federal funds available through the food stamp employment and
training to pay for education, training, job placement, case management and
other work readiness services for food stamp recipients and to pay the
administrative costs of managing the program. (3)
There are no general revenue funds required to access the federal food stamp
employment and training program. |
|
512) |
Section |
Adding Chapter Numbers: |
|
|
40-22-3 |
375 and 387 |
|
|
|
40-22-3.
Food stamp employment and training program. – The department of human services is authorized and
directed to amend the food stamp employment and training plan submitted to
the United States Department of Agriculture to maximize the receipt of
federal funds for employment and training for food stamp recipients. The
department may, as necessary and appropriate, implement a pilot program with
such education, training and job placement providers as determined
by the department. |
|
513) |
Section |
Amending Chapter Numbers: |
|
|
42-14.2-7 |
100 and 355 |
|
|
|
42-14.2-7. Display and transfer of license. — Every
license hereunder
issued shall specify the location of each wrecking yard or salvage
yard and must be conspicuously displayed at that location, or if the
licensee wishes to change his or her location, an application shall be
filed with the department requesting the change, and the permission
of the department shall be necessary for a change of location.
The license shall not be transferable or assignable without the
express written consent of the department which shall, if it approves
the transfer or assignment, issue a new license to the transferee
or assignee subject to the terms and conditions of this chapter;
provided, however, that the full fee of two hundred fifty dollars
($250 be paid
in full for the new license regardless of the unexpired term of the
license to be transferred. The license number shall appear on all business
communications, advertising, estimates, signs, business cards,
and other written documentation relating to that business. |
|
514) |
Section |
Adding Chapter Numbers: |
|
|
42-28-3.3 |
444 and 472 |
|
|
|
42-28-3.3.
Senior citizen alert. -- (a)
The general assembly hereby finds that, in the case of a missing senior
citizen, the first few hours are critical in finding such senior citizen, and
that the implementation of a Missing Senior Citizen Alert program is
necessary for the immediate preservation of the public peace, health, and
safety. (b)
The division of state police, in consultation with other appropriate
agencies, including without limitation, the Rhode Island department of
health, shall develop a voluntary partnership among law enforcement agencies,
media outlets and other appropriate entities to send out emergency alerts
entitled the "Missing Senior Citizen Alert Program." (c)
For purposes of section 42-28-3.3 and section 42-28-3.4, a "Missing
Senior Citizen" means a person: (i)
Whose whereabouts are unknown; (ii)
Whose domicile at the time he or she is reported missing is (iii)
Whose age at the time he or she is reported missing is sixty (60) years of
age or older; (iv)
Who has an impaired mental condition; and (v)
Whose disappearance poses a credible threat to the safety and health of such
person, as determined by the state police or other law enforcement agency. (d)
The impaired mental condition shall be demonstrated by the appropriate
documentation presented by the missing senior citizen's family, legal
guardian, long-term care ombudsman, or long-term care facility where such
person resides. (e)
The missing senior citizen alert program shall provide a pro-active emergency
public alert plan as part of the response to the disappearance of a missing
senior citizen that may be expediently triggered by law enforcement personnel
in accordance with protocols and procedures established by the division of
state police in consultation with appropriate law enforcement authorities,
the Rhode Island emergency management agency, the Rhode Island department of
health, state and local officials and cooperating members of the broadcast
media ("Missing Senior Citizen Alert"). (f)
Once a law enforcement agency has confirmed the disappearance of a missing
senior citizen, the law enforcement agency will obtain descriptive
information for the missing senior citizen alert, contact the state police to
provide the descriptive information to the state police and identify a point
of contact within its agency. |
|
515) |
Section |
Adding Chapter Numbers: |
|
|
42-28-3.4 |
444 and 472 |
|
|
|
42-28-3.4.
Missing Senior Citizen Alert procedures for protocol and
implementation. -- The division of
state police shall establish protocols and procedures to implement the
missing senior citizen
alert. The protocols and procedures shall be updated as may be necessary in
consultation with the entities and agencies involved in the missing senior
citizen alert process to provide effective and efficient procedures to assist
law enforcement agencies, broadcast media and other cooperating agencies or entities
in providing an emergency alert to the public in response to a missing senior
citizen disappearance. |
|
516) |
Section |
Adding Chapter Numbers: |
|
|
42-55-5.4 |
228 and 422 |
|
|
|
42-55-5.4.
Renewable energy in housing developments. -- On or before July 1, 2009, the
corporation shall establish, in appropriate housing development programs it
administers, criteria for priority consideration of housing development
proposals which include renewable energy features which are demonstrated to
be cost-effective and can be implemented in a reasonable period of time. |
|
517) |
Section |
Amending Chapter Numbers: |
|
|
42-61.2-7 |
13 and 100 |
|
|
|
42-61.2-7.
Division of revenue. -- (a)
Notwithstanding the provisions of section 42-61-15, the allocation of net
terminal income derived from video lottery games is as follows:
(1) For deposit in the general fund and to the state lottery division fund
for administrative purposes: Net terminal income not otherwise disbursed in
accordance with subdivisions (a)(2) -- (a)
(i) Except for the fiscal year ending June 30, 2008, nineteen one hundredths
of one percent (0.19%) up to a maximum of twenty million dollars
($20,000,000) shall be equally allocated to the distressed communities as
defined in section 45-13-12 provided that no eligible community shall receive
more than twenty-five percent (25%) of that community's currently enacted
municipal budget as its share under this specific subsection. Distributions
made under this specific subsection are supplemental to all other
distributions made under any portion of general laws section 45-13-12. For
the fiscal year ending June 30, 2008 distributions by community shall be
identical to the distributions made in the fiscal year ending June 30, 2007
and shall be made from general appropriations.
(ii) Five one hundredths of one percent (0.05%) up to a maximum of five
million dollars ($5,000,000) shall be appropriated to property tax relief to
fully fund the provisions of section 44-33-2.1. The maximum credit defined in
subdivision 44-33-9(2) shall increase to the maximum amount to the nearest
five dollar ($5.00) increment within the llocation until a maximum credit of
five hundred dollars ($500) is obtained. In no event shall the exemption in
any fiscal year be less than the prior fiscal year.
(iii) One and twenty-two one hundredths of one percent (1.22%) to fund
section 44-34.1-1, entitled "Motor Vehicle and Trailer Excise Tax
Elimination Act of 1998", to the maximum amount to the nearest two
hundred fifty dollar ($250) increment within the allocation. In no event
shall the exemption in any fiscal year be less than the prior fiscal year.
(iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of
one percent (0.10%) to a maximum of ten million dollars ($10,000,000) for
supplemental distribution to communities not included in paragraph (a)(1)(i)
above distributed proportionately on the basis of general revenue sharing
distributed for that fiscal year. For the fiscal year ending June 30, 2008 distributions
by community shall be identical to the distributions made in the fiscal year
ending June 30, 2007 and shall be made from general appropriations.
(2) To the licensed video lottery retailer:
(a) (i) Prior to the effective date of the NGJA Master Contract, Newport Jai
Ali twenty-six percent (26%) minus three hundred eighty four thousand nine
hundred ninety-six dollars ($384,996);
(ii) On and after the effective date of the NGJA Master Contract, to the
licensed video lottery retailer who is a party to the NGJA Master Contract,
all sums due and payable under said Master Contract minus three hundred
eighty four thousand nine hundred ninety-six dollars ($384,996).
(b) (i) Prior to the effective date of the UTGR Master Contract, to the
present licensed video lottery retailer at Lincoln Park which is not a party
to the UTGR Master Contract, twenty-eight and eighty-five one hundredths
percent (28.85%) minus seven hundred sixty-seven thousand six hundred
eighty-seven dollars ($767,687);
(ii) On and after the effective date of the UTGR Master Contract, to the
licensed video lottery retailer who is a party to the UTGR Master Contract,
all sums due and payable under said Master Contract minus seven hundred sixty-seven
thousand six hundred eighty-seven dollars ($767,687).
(3) (i) To the technology providers who are not a party to the GTECH Master
Contract as set forth and referenced in Public Law 2003, Chapter 32, seven
percent (7%) of the net terminal income of the provider's terminals;
(ii) To contractors who are a party to the Master Contract as set forth and
referenced in Public Law 2003, Chapter 32, all sums due and payable under
said Master Contract;
(iii) Notwithstanding paragraphs (i) and (ii) above, there shall be
subtracted proportionately from the payments to technology providers the sum
of six hundred twenty-eight thousand seven hundred thirty-seven dollars
($628,737);
(4) To the city of Newport one and one hundredth percent (1.01%) of net
terminal income of authorized machines at Newport Grand except that upon
passage the allocation shall be one and two tenths percent (1.2%) of net
terminal income of authorized machines at Newport Grand for each week the
facility operates video lottery games on a twenty-four (24) hour basis for
all eligible hours authorized in section 42-61.2-6(b) and to the town of
Lincoln one and twenty-six hundreths (1.26%) of net terminal income of
authorized machines at Lincoln Park (5)
To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%)
of net terminal income of authorized machines at Lincoln Park up to a maximum
of ten million dollars ($10,000,000) per year, which shall be paid to the
Narragansett Indian Tribe for the account of a Tribal Development Fund to be
used for the purpose of encouraging and promoting: home ownership and
improvement, elderly housing, adult vocational training; health and social
services; childcare; natural resource protection; and economic development
consistent with state law. Provided, however, such distribution shall
terminate upon the opening of any gaming facility in which the Narragansett
Indians are entitled to any payments or other incentives; and provided
further, any monies distributed hereunder shall not be used for, or spent on
previously contracted debts (6)
To the permanent school fund established in chapter 16-4 the additional
revenue accruing to the state as the direct result of the additional hours
authorized by this act net of the additional revenue to the city of Newport
and the Town of Lincoln resulting directly from the additional hours
authorized under this act, not to exceed fourteen million one hundred
thousand dollars ($14,100,000) by June 30, 2009, to be allocated as aid to
local education authorities as determined by the general assembly for fiscal
year 2009, notwithstanding the provisions of chapter 16-4 of the Rhode Island
General Laws.
|
|
518) |
Section |
Amending Chapter Numbers: |
|
|
42-64-10 |
165 and 173 |
|
|
|
42-64-10.
Findings of the corporation. -- (a)
Except as specifically provided in this chapter, the Rhode Island economic
development corporation shall not be empowered to undertake the acquisition,
construction, reconstruction, rehabilitation, development, or improvement
of a project, nor enter into a contract for any undertaking or for the
financing of this undertaking, unless it first:
(1) Finds:
(i) That the acquisition or construction and operation of the project will
prevent, eliminate, or reduce unemployment or underemployment in the state
and will generally benefit economic development of the state;
(ii) That adequate provision has been made or will be made for the payment of
the cost of the acquisition, construction, operation, and maintenance and
upkeep of the project;
(iii) That, with respect to real property, the plans and specifications
assure adequate light, air, sanitation, and fire protection;
(iv) That the project is in conformity with the applicable provisions of
chapter 23 of title 46; and
(v) That the project is in conformity with the applicable provisions of the
state guide plan; and
(2) Prepares and publicly releases an analysis of the impact the proposed
project will or may have on the State. The analysis shall be supported by
(i) The impact on the industry or industries in which the completed project
will be involved;
(ii) State fiscal matters, including the state budget (revenues and
expenses);
(iii) The financial exposure of the taxpayers of the state under the plans
for the proposed project and negative foreseeable contingencies that may
arise therefrom;
(iv) The approximate number of full-time, part-time, temporary, seasonal,
and/or permanent jobs projected to be created, construction and
non-construction;
(v) Identification of geographic sources of the staffing for identified jobs;
(vi) The projected duration of the identified construction jobs;
(vii) The approximate wage rates for each category of the identified
jobs;
(viii) The types of fringe benefits to be provided with the identified jobs,
including healthcare insurance and any retirement benefits;
(ix) The projected fiscal impact on increased personal income taxes to the
state of
(x) The description of any plan or process intended to stimulate hiring from
the host community, training of employees or potential employees and outreach
to minority job applicants and minority businesses.
(b) With respect to the uses described in section 42-64-3(18), (23), (30),
(35), and (36) and with respect to projects situated on federal lands, the
corporation shall not be required to make the findings specified in
subsection (a)(1)(i) of this section.
(c) Except for the findings specified in subsections (a)(1)(iv) and (a)(1)(v)
of this section, the findings of the corporation made pursuant to this
section shall be binding and conclusive for all purposes. Upon adoption by
the corporation, any such findings shall be transmitted to the division of
taxation, and shall be made available to the public for inspection by any
person, and shall be published by the tax administrator on the tax division
website.
(d) The corporation shall monitor every impact analysis it completes through
the duration of any project incentives. Such monitoring shall include
(1) Actual versus projected impact for all considered factors; and
(2) Verification of all commitments made in consideration of state incentives
or aid. (e)
Upon its preparation and release of the analysis required by subsection
(a)(2) of this section, the corporation shall provide copies of that analysis
to the chairpersons of the house and senate finance committees, the house and
senate fiscal advisors, the department of labor and training and the division
of taxation. Any such analysis shall be available to the public for
inspection by any person and shall be published by the tax administrator on
the tax division website. Annually thereafter, the department of labor and
training shall certify to the chairpersons of the house and senate finance
committees, the house and senate fiscal advisors, the corporation and the
division of taxation that: (i) the actual number of new full-time jobs with benefits
created by the project, not including construction jobs, is on target to meet
or exceed the estimated number of new jobs identified in the analysis above,
and (ii) the actual number of existing full-time jobs with benefits has not
declined. This certification shall no longer be required two (2) tax years
after the terms and conditions of both the general assembly’s joint
resolution of approval required by section 42-64-20.1 of this chapter and any
agreement between the corporation and the project lessee have been satisfied.
For purposes of this section, “full-time jobs with benefits” means jobs that
require working a minimum of thirty (30) hours per week within the state,
with a median wage that exceeds by five percent (5%) the median annual wage
for full-time jobs in Rhode Island and within the taxpayer’s industry, with a
benefit package that includes healthcare insurance plus other benefits
typical of companies within the project lessee’s industry. The department of
labor and training shall also certify annually to the chairpersons of the
house and senate finance committees, the house and senate fiscal advisors,
and the division of taxation
that jobs created by the project are “new jobs” in the state of employees
of the project lessee currently employed in (f)
The corporation, with the assistance of the taxpayer, the department of labor
and training, the department of human services and the division of taxation
shall provide annually an analysis of whether any of the employees of the
project lessee has received RIte Care or RIte Share benefits and the impact
such benefits or assistance may have on the state budget. Any such analysis
shall be available to the public for inspection by any person and shall be
published by the tax administrator on the tax division website.
Notwithstanding any other provision of law or rule or regulation, the
division of taxation, the department of labor and training and the department
of human services are authorized to present, review and discuss
lessee-specific tax or employment information or data with the Rhode Island
Economic Development Corporation (RIEDC), the chairpersons of the house and
senate finance committees, and/or the house and senate fiscal advisors for
the purpose of verification and compliance with this tax credit reporting
requirement. (g)
The corporation and the project lessee shall agree that, if at any time prior
to pay back of the amount of the sales tax exemption through new income tax
collections over three (3) years, not including construction job income
taxes, the project lessee will be unable to continue the project, or
otherwise defaults on its obligations to the corporation, the project lessee
shall be liable to the state for all the sales tax benefits granted to the
project plus interest, as determined in Rhode
Island General Law section 44-1-7, calculated from the date the project
lessee received the sales tax benefits. (h)
Any agreements or contracts entered into by the corporation and the project
lessee shall be sent to the division of taxation and be available to the
public for inspection by any person and shall be published by the tax
administrator on the tax division website. (i)
By August 15th of each year the project lessee shall report the source and
amount of any bonds, grants, loans, loan guarantees, matching funds or tax
credits received from any state governmental entity, state agency or public
agency as defined in section 37-2-7 received during the previous state fiscal
year. This annual report shall be sent to the division of taxation and be
available to the public for inspection by any person and shall be published
by the tax administrator
on the tax division website. (j)
By August 15th of each year the division of taxation shall report the name,
address, and amount of sales tax benefit each project lessee received during
the previous state fiscal year to the corporation, the chairpersons of the
house and senate finance committees, the house and senate fiscal advisors,
the department of labor and training and the division of taxation. This
report shall be available to the public for inspection by any person and
shall be published by the tax administrator
on the tax division website. |
|
519) |
Section |
Amending Chapter Numbers: |
|
|
42-64-13.2 |
228 and 422 |
|
|
|
42-64-13.2.
(a)
Intent. To develop an integrated organizational structure to secure for (b)
Definitions. For purposes of this section, the following words and terms
shall have the meanings set forth in RIGL 42-64-3 unless this section
provides a different meaning. Within this section, the following words and
terms shall have the following meanings:
(1) "Corporation" means the
(2) "Municipality" means any city or town, or other political
subdivision of the state. (3)
"Office" means the office of energy resources established by
chapter 42-140. (c)
Purpose. The corporation is authorized to integrate the management of public
funds to promote the expansion and sound development of renewable energy
resources by providing coordinated
and cost-effective use of funds from: (1)
The renewable energy program of the demand side management program as set
forth in section 39-2-1.2; and (2)
The renewable energy development fund of the renewable energy standard, as
set forth in chapter 39-26. (3)
The office of energy resources from the sale of allowances under the
greenhouse gas initiative act to the extent available for renewable energy,
as set forth in chapter 23-82. (d)
Renewable energy development fund. – The corporation shall, in the
furtherance of its responsibilities to promote and encourage economic
development, establish and administer a renewable energy development fund as
provided for in section 39-26-7, may exercise the powers set forth in this
chapter, as necessary or convenient to accomplish this purpose, and shall
provide such administrative support as may be needed for the coordinated
administration of the renewable energy standard as provided for in chapter
39-26 and the renewable energy program established by section 39-2-1.2. The
corporation may upon the request of any person undertaking a renewable energy
facility project, grant project status to the project, and a renewable energy
facility project, which is given project status by the corporation, shall be
deemed an energy project of the corporation. (e)
Duties. The corporation shall, with regards to renewable energy project
investment: (1)
Establish by rule, in consultation with the office, standards for financing
renewable energy projects from diverse sources. (2)
Enter into agreements, consistent with this chapter and renewable energy
investment plans adopted by the office, to provide support to renewable
energy projects that meet applicable standards established by the
corporation. Said agreements may include contracts with municipalities and
public corporations. (f)
Conduct of activities. – (1) To the extent reasonable and practical, the
conduct of activities under the provisions of this chapter shall be open and
inclusive; the director shall seek, in addressing the purposes of this
chapter, to involve the research and analytic capacities of institutions of
higher education within the state, industry, advocacy groups, and regional
entities, and shall seek input from stakeholders including, but not limited
to, residential and commercial energy
users. (2)
By January 1, 2009, the director shall adopt: (A)
Goals for renewable energy facility investment which are beneficial, prudent,
and from diverse sources; (B)
A plan for a period of five (5) years, annually upgraded as appropriate, to meet
the aforementioned goals; and (C)
Standards and procedures for evaluating proposals for renewable energy
projects in order to determine the consistency of proposed projects with the
plan. (g)
Reporting. On March 1, of each year after the effective date of this chapter,
the corporation shall submit to the governor, the president of the senate,
the speaker of the house of representatives, and the secretary of state, a
financial and performance report. These reports shall be posted electronically
on the general assembly and the secretary of state's websites as prescribed
in section 42-20-8.2. The reports shall set forth: (1)
the corporation's receipts and expenditures in each of the renewable energy
program funds administered in accordance with this section. (2)
a listing of all private consultants engaged by the corporation on a contract
basis and a statement of the total amount paid to each private consultant
from the two (2) renewable energy funds administered in accordance with this
chapter; a listing of any staff supported by these funds, and a summary of
any clerical, administrative or technical support received; and (3)
a summary of performance during the prior year including accomplishments and
shortcomings; project investments, the cost-effectiveness of renewable energy
investments by the corporation; and recommendations for improvement. |
|
520) |
Section |
Amending Chapter Numbers: |
|
|
42-64.3-6.1 |
165 and 173 |
|
|
|
42-64.3-6.1.
Impact analysis and periodic reporting. -- (a) The council shall not certify any applicant as a qualified
business under subsection 42-64.3-3(4) of this chapter until it has first
prepared and publicly released an analysis of the impact the proposed
investment will or may have on the state. The analysis shall be supported by
appropriate data and documentation and shall consider, but not be limited to,
the following factors: (i)
The impact on the industry or industries in which the applicant will be
involved; (ii)
State fiscal matters, including the state budget (revenues and expenses); (iii)
The financial exposure of the taxpayers of the state under the plans for the
proposed investment and negative foreseeable contingencies that may arise
therefrom; (iv)
The approximate number of full-time, part-time, temporary, seasonal and/or
permanent jobs projected to be created, construction and non-construction; (v)
Identification of geographic sources of the staffing for identified jobs; (vi)
The projected duration of the identified construction jobs; (vii)
The approximate wage rates for each category of the identified jobs; (viii)
The types of fringe benefits to be provided with the identified jobs,
including healthcare insurance and any retirement benefits; (ix)
The projected fiscal impact on increased personal income taxes to the state
of (x)
The description of any plan or process intended to stimulate hiring from the
host community, training of employees or potential employees, and outreach to
minority job applicants and minority businesses. (b)
The council shall monitor every impact analysis it completes through the
duration of any approved tax credit. Such monitoring shall include annual
reports made available to the public on the: (1)
Actual versus projected impact for all considered factors; and (2)
Verification of all commitments made in consideration of state incentives or
aid. (c)
Upon its preparation and release of the analysis required by subsection (b)
of this section, the council shall provide copies of that analysis to the
chairpersons of the house and senate finance committees, the house and senate
fiscal advisors, the department of labor and training and the division of
taxation. Any such analysis shall be available to the public for inspection
by any person and shall by published by the tax administrator on the tax
division website. Annually thereafter, through and including the second tax
year after any taxpayer has applied for and received a tax credit pursuant to
this chapter, the department of labor and training shall certify to the
chairpersons of the house and senate finance committees, the house and senate
fiscal advisors, the corporation and the division of taxation that: (i) the
actual number of new full-time jobs with benefits created by the tax credit,
not including construction jobs, is on target to meet or exceed the estimated
number of new jobs identified in the analysis above; and (ii) the actual
number of existing full-time jobs with benefits has not declined. For
purposes of this section, “full-time jobs with benefits” means jobs that
require working a minimum of thirty (30) hours per week within the state,
with a median wage that exceeds by five percent (5%) the median annual wage
for full-time jobs in Rhode Island and within the taxpayer’s industry, with a
benefit package that includes healthcare insurance plus other benefits
typical of companies within the taxpayer’s industry. The department of labor
and training shall also certify annually to the house and senate fiscal
committee chairs, the house and senate fiscal advisors, and the division
of taxation that jobs created by the tax credit are “new jobs” in the state
of Rhode Island, meaning that the employees of the project are in addition
to, and without a reduction of, those employees
of the taxpayer currently employed in (d)
The council, with the assistance of the taxpayer, the department of labor and
training, the department of human services and the division of taxation shall
provide annually an analysis of whether any of the employees of the taxpayer
has received RIte Care or RIte Share benefits and the impact such benefits or
assistance may have on the state budget. This analysis shall be available to
the public for inspection by any person and shall be published by the tax administrator
on the tax division website. Notwithstanding any other provision of law or
rule or regulation, the division of taxation, the department of labor and
training and the department of human services are authorized to present,
review and discuss taxpayer-specific tax or employment information or data
with the council, the chairpersons of the house and senate finance
committees, and/or the house and senate fiscal advisors for the purpose of
verification and
compliance with this tax credit reporting requirement. (e)
Any agreements or contracts entered into by the council and the taxpayer
shall be sent to the division of taxation and be available to the public for
inspection by any person and shall be published by the tax administrator on
the tax division website. (f)
By August 15th of each year the taxpayer shall report the source and amount
of any bonds, grants, loans, loan guarantees, matching funds or tax credits
received from any state governmental entity, state agency or public agency as
defined in section 37-2-7 received during the previous state fiscal year.
This annual report shall be sent to the division of taxation and be available
to the public for inspection by any person and shall be published by the tax
administrator on the tax division website. (g)
By August 15th of each year the division of taxation shall report the name,
address, and amount of tax credit received for each taxpayer during the
previous state fiscal year to the council, the chairpersons of the house and
senate finance committees, the house and senate fiscal advisors, the
department of labor and training and the division of taxation. This report
shall be available to the public for inspection by any person and shall be
published by the tax administrator
on the tax division website. |
|
521) |
Section |
Amending Chapter Numbers: |
|
|
42-64.5-5 |
165 and 173 |
|
|
|
42-64.5-5.
Election. – (a) An eligible
company may elect to determine its "base employment" for the
purposes of this chapter on July 1 of any year subsequent to 1994, rather
than on July 1, 1994; provided, however, that an eligible company that is a
telecommunication company shall determine its base employment on either July
1, 2001 or July 1, 2002; and provided, further, that except as otherwise
provided in this chapter, an eligible company may not use
July 1, 2003 or any subsequent date to determine its base employment unless a
determination has been made by the board of directors of the that:
evidence
supporting a finding that the jobs retained, expanded, or added will generate
new tax revenue for the state that is at least equivalent to the value of
this incentive.
As a result of the election, rules comparable to those set forth elsewhere in
this chapter shall be applied to determine the rate reduction available for
each of the three (3) taxable years following
the first anniversary of the date the eligible company elected to use to
determine its "base employment" and for the taxable years following
that three (3) year period. This election: (b)
The corporation shall make no determination under subsection (a) of this
section until it has first prepared and publicly released an analysis of the
impact the proposed investment will or may have on the state. The analysis
shall be supported by appropriate data and documentation and shall consider,
but not be limited to, the following factors: (i)
The impact on the industry or industries in which the applicant will be
involved; (ii)
State fiscal matters, including the state budget (revenues and expenses); (iii)
The financial exposure of the taxpayers of the state under the plans for the
proposed investment and negative foreseeable contingencies that may arise
therefrom; (iv)
The approximate number of full-time, part-time, temporary, seasonal and/or
permanent jobs projected to be created, construction and non-construction; (v)
Identification of geographic sources of the staffing for identified jobs; (vi)
The projected duration of the identified construction jobs; (vii)
The approximate wage rates for each category of the identified jobs; (viii)
The types of fringe benefits to be provided with the identified jobs,
including healthcare insurance and any retirement benefits; (ix)
The projected fiscal impact on increased personal income taxes to the state
of (x)
The description of any plan or process intended to stimulate hiring from the
host community, training of employees or potential employees, and outreach to
minority job applicants and minority businesses. (c)
The corporation shall monitor every impact analysis it completes through the
duration of any approved tax credit. Such monitoring shall include annual
reports made available to the public
on the: (1)
Actual versus projected impact for all considered factors; and (2)
Verification of all commitments made in consideration of state incentives or
aid. (d)
Upon its preparation and release of the analysis required by subsection (b)
of this section, the corporation shall provide copies of that analysis to the
chairpersons of the house and senate finance committees, the house and senate
fiscal advisors, the department of labor and training and the division of
taxation. Any such analysis shall be available to the public for inspection
by any person and shall by published by the tax administrator on the tax
division website. Annually thereafter, through and including the second tax
year after any taxpayer has applied for and received a tax credit pursuant to
this chapter, the department of labor and training shall certify to the
chairpersons of the house and senate finance committees, the house and senate
fiscal advisors, the corporation and the division of taxation that: (i) the
actual number of new full-time jobs with benefits created by the tax credit,
not including construction jobs, is on target to
meet or exceed the estimated number of new jobs identified in the analysis
above, and (ii) the actual number of existing full-time jobs with benefits
has not declined. For purposes of this section, “full-time jobs with
benefits” means jobs that require working a minimum of thirty (30) hours per
week within the state, with a median wage that exceeds by five percent (5 %)
the median annual wage for full-time jobs in Rhode Island and within the
taxpayer’s industry, with a benefit
package that includes healthcare insurance plus other benefits typical of
companies within the taxpayer’s industry. The department of labor and
training shall also certify annually to the chairpersons of the house and
senate finance committees, the house and senate fiscal advisors, and the
division of taxation that jobs created by the tax credit are “new jobs” in
the state of Rhode Island, meaning that the employees of the project are in
addition to, and without a reduction of, those employees of the taxpayer
currently employed in Rhode Island, are not relocated from another facility
of the taxpayer in Rhode Island or are employees assumed by the taxpayer as
the result
of a merger or acquisition of a company already located in person
and shall be published by the tax administrator on the tax division website. (e)
The corporation, with the assistance of the taxpayer, the department of labor
and training, the department of human services and the division of taxation
shall provide annually an analysis of whether any of the employees of the
taxpayer has received RIte Care or RIte Share benefits and the impact such
benefits or assistance may have on the state budget. This analysis shall be
available to the public for inspection by any person and shall be published
by the tax administrator
on the tax division website. Notwithstanding any other provision of law or
rule or regulation, the division of taxation, the department of labor and training
and the department of human services are authorized to present, review and
discuss taxpayer-specific tax or employment information or data with the
Rhode Island Economic Development Corporation (RIEDC), the house and senate
fiscal committee chairs, and/or the house and senate fiscal advisors
for the purpose of verification and compliance with this tax credit reporting
requirement. (f)
Any agreements or contracts entered into by the corporation and the taxpayer
shall be sent to the division of taxation and be available to the public for
inspection by any person and shall be published by the tax administrator on
the tax division website (g)
By August 15th of each year the taxpayer shall report the source and amount
of any bonds, grants, loans, loan guarantees, matching funds or tax credits
received from any state governmental
entity, state agency or public agency as defined in section 37-2-7 received
during the previous state fiscal year. This annual report shall be sent to
the division of taxation and be available
to the public for inspection by any person and shall be published by the tax
administrator on the tax division website. (h) By August 15th of each year the
division of taxation shall report the name, address, and amount of tax credit
received for each taxpayer during the previous state fiscal year to the
corporation, the chairpersons of the house and senate finance committees, the
house and senate fiscal advisors, the department of labor and training and
the division of taxation. This report shall be available to the public for
inspection by any person and shall be published by the tax administrator on
the tax division website. |
|
522) |
Section |
Adding Chapter Numbers: |
|
|
42-64.9-6.2 |
165 and 173 |
|
|
|
42-64.9-6.2.
Impact analysis and periodic reporting. --
(a) The council shall not designate any building as a certified building
under section 42-64.9-5 or section 42-64.9-6 of this chapter until it has
first prepared and publicly released an analysis of the impact the proposed investment
will or may have on the state. The analysis shall be supported by appropriate
data and documentation and shall consider, but not be limited to, the
following factors: (i)
The impact on the industry or industries in which the applicant will be
involved; (ii)
State fiscal matters, including the state budget (revenues and expenses); (iii)
The financial exposure of the taxpayers of the state under the plans for the
proposed investment and negative foreseeable contingencies that may arise
therefrom; (iv)
The approximate number of full-time, part-time, temporary, seasonal and/or
permanent jobs projected to be created, construction and non-construction; (v)
Identification of geographic sources of the staffing for identified jobs; (vi)
The projected duration of the identified construction jobs; (vii)
The approximate wage rates for each category of the identified jobs; (viii)
The types of fringe benefits to be provided with the identified jobs,
including healthcare insurance and any retirement benefits; (ix)
The projected fiscal impact on increased personal income taxes to the state
of (x)
The description of any plan or process intended to stimulate hiring from the
host community, training of employees or potential employees, and outreach to
minority job applicants and minority businesses. (b)
The council shall monitor every impact analysis it completes through the
duration of any approved tax credit. Such monitoring shall include annual
reports made available to the public on the: (1)
Actual versus projected impact for all considered factors; and (2)
Verification of all commitments made in consideration of state incentives or
aid. (c)
Upon its preparation and release of the analysis required by subsection (b)
of this section, the council shall provide copies of that analysis to the
chairpersons of the house and senate finance committees, the house and senate
fiscal advisors, the department of labor and training and the division of
taxation. Any such analysis shall be available to the public for inspection
by any person and shall by published by the tax administrator on the tax
division website. Annually thereafter, through and including the second tax
year after any taxpayer has applied for and received a tax credit pursuant to
this chapter, the department of labor and training shall certify to the
chairpersons of the house and senate finance committees, the house and senate
fiscal advisors, the corporation and the division of taxation that: (i) the
actual number of new full-time jobs with benefits created by the tax credit,
not including construction jobs, is on target to meet or exceed the estimated
number of new jobs identified in the analysis above, and (ii) the actual
number of existing full-time jobs with benefits has not declined. For
purposes of this section, “full-time jobs with benefits” means jobs that
require working a minimum of thirty (30) hours per week within the state,
with a median wage that exceeds by five percent (5%) the median annual wage
for full-time jobs in Rhode Island and within the taxpayer’s industry, with a
benefit package that includes healthcare insurance plus other benefits
typical of companies within the taxpayer’s industry. The department of labor
and training shall also certify annually to the house and senate fiscal
committee chairs, the house and senate fiscal advisors, and the division of
taxation that jobs created by the tax credit are “new jobs” in the state of
Rhode Island, meaning that the employees of the project are in addition to,
and without a reduction of, those employees of
the taxpayer currently employed in Rhode Island, are not relocated from
another facility of the taxpayer in Rhode Island or are employees assumed by
the taxpayer as the result of a merger or acquisition of a company already
located in Rhode Island. The certifications made by the department of labor
and training shall be available to the public for inspection by any person
and shall be published by the tax administrator on the tax division website. (d)
The council, with the assistance of the taxpayer, the department of labor and
training, the department of human services and the division of taxation shall
provide annually an analysis of
whether any of the employees of the taxpayer has received RIte Care or RIte
Share benefits and the impact such benefits or assistance may have on the
state budget. This analysis shall be available to the public for inspection
by any person and shall be published by the tax administrator on the tax
division website. Notwithstanding any other provision of law or rule or
regulation, the division of taxation, the department of labor and training
and the department of human services are authorized to present, review and discuss
taxpayer-specific tax or employment information or data with the council, the
chairpersons of the house and senate finance committees, and/or the house and
senate fiscal advisors for the purpose of verification and compliance with
this tax credit reporting requirement. (e)
Any agreements or contracts entered into by the council and the taxpayer
shall be sent to the division of taxation and be available to the public for
inspection by any person and shall be published by the tax administrator on
the tax division website. (f)
By August 15th of each year the taxpayer shall report the source and amount
of any bonds, grants, loans, loan guarantees, matching funds or tax credits
received from any state governmental entity, state agency or public agency as
defined in section 37-2-7 received during the previous state fiscal year.
This annual report shall be sent to the division of taxation and be available
to the public for inspection by any person and shall be published by the tax
administrator on the tax division website. (g)
By August 15th of each year the division of taxation shall report the name,
address, and amount of tax credit received for each taxpayer during the
previous state fiscal year to the council, the chairpersons of the house and
senate finance committees, the house and senate fiscal advisors, the
department of labor and training and the division of taxation. This report
shall be available to the public for inspection by any person and shall be
published by the tax administrator
on the tax division website. |
|
523) |
Section |
Amending Chapter Numbers: |
|
|
42-72-5 |
9 and 475 |
|
|
|
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, out-reach, 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 allegations(s). The department also serves as an
advocate for the needs of children. (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 which may include, but are not limited to,
homemaker/educator child case aides, specialized foster family programs, day
care 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 child care institutions,
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; provided, however, all social workers hired
after June 15, 1991, within the department shall have a minimum of a
bachelor's degree in social work or a closely related field, and must be
appointed from a valid civil service list; (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 title 42; (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 which 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 which affect the full and fair utilization of
community resources for programs for children, and initiate programs that
will help assure 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; and (19) To adopt rules and
regulations which: (i) For the twelve (12)
month period beginning on October 1, 1983, and for each subsequent twelve
(12) month 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 (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 health care 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, which 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 which 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 on-going 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 which: (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 which 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 Health Care 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
assembly has included funding in the FY 2008 Department of Children, Youth
and Families 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 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 the 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 her
efforts in accordance with the provisions of subsection 42-72-4(b)(13). (c) In order to assist in
the discharge of his or her duties, the director may request from any agency
of the state information pertinent to the affairs and problems of children.
(27) 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, and
the DCYF Higher Education Opportunity Grant Program as outlined in RIGL
§42-72.8, in accordance with rules and regulations as promulgated by the
director of the department. |
|
524) |
Section |
Amending Chapter Numbers: |
|
|
42-82-3 |
25 and 30 |
|
|
|
42-82-3.
Agricultural lands preservation commission. -- (a) (1) There is established the agricultural lands
preservation commission consisting of the directors of the department of
environmental management and the department of administration, or their
respective designees, both ex officio with the power to vote;
(2) The members appointed by the governor shall serve for terms of five (5)
years each; provided, however, that of the members first appointed, one shall
serve for one year, one shall serve for two (2) years, one shall serve for
three (3) years, one shall serve for four (4) years, and two (2) shall serve
for five (5) years, from January first next succeeding their appointment, as
the governor shall designate; provided, however, that those members of the
commission as of the effective
date of this act [April 20, 2006] who were appointed upon the recommendation
of members of the general assembly shall cease to be members of the
commission on the effective date of this act [April 20, 2006].
(3) Any vacancy occurring otherwise than by expiration of term shall be
filled in the same manner as the original appointment.
(4) Upon expiration of a member's term, that member shall continue as a
member until that member's successor is appointed and qualified. Any person
serving a term shall be eligible for appointment.
(5) No member, including ex-officio members, shall receive compensation for
the performance of his or her duties as a member; provided, however, that
each appointed member may be reimbursed if funds are appropriated for his or
her actual and necessary expenses incurred during the performance of his or
her official duties.
(6) [Deleted by P.L. 2006, ch. 22, section 5 and P.L. 2006, ch. 27, section
5].
(7) The commission shall designate annually from its
(8) Whenever public hearings are required under this chapter, or whenever the
commission determines a public hearing is appropriate, the commission shall
use reasonable efforts to hold those hearings at a place or places that will
reasonably accommodate the interested parties.
(b)
(c) The governor may remove any member for cause or misconduct in office
after giving him or her a copy of the charges against him or her and an
opportunity to be heard, in person or by counsel, in his
or her defense, upon not less than ten (10) days notice. If any member shall
be removed, the governor shall file in the office of the secretary of state a
complete statement of charges made against the member and his or her
findings, together with a complete record of the proceedings. |
|
525) |
Section |
Amending Chapter Numbers: |
|
|
42-82-5 |
25 and 30 |
|
|
|
42-82-5.
Duties of the commission. -- (a)
The commission shall:
(1) Develop the criteria necessary for defining agricultural land under this
chapter;
(2) Make a reasonably accurate inventory of all land in the state, which
meets the definition of agricultural land;
(3) Prepare and adopt rules for administration of the purchase of development
rights and criteria for the selection of parcels for which the development
rights may be purchased, and the conditions under which they will be
purchased;
(4) Draw up and publish the covenant and enumerate the specific development
rights to be purchased by the state;
(5) Inform the owners, public officials and other citizens and interested persons
of the provisions of this chapter; and
(6) Approve and submit within ninety (90) days after the end of each fiscal
year, an annual report to the governor, the speaker of the house of
representatives, the president of the senate, and the secretary of state of
its activities during that fiscal year. The report shall provide: an
operating statement summarizing meetings or hearings held, including meeting
minutes, subjects addressed, decisions rendered, petitions granted, rules or
regulations promulgated, studies
conducted, policies and plans developed, approved, or modified, and programs
administered or initiated; a consolidated financial statement of all funds
received and expended including the source of the funds, a listing of any
staff supported by these funds, and a summary of any clerical, administrative
or technical support received; a summary of performance during the previous
fiscal year including accomplishments, shortcomings and remedies; a synopsis
of hearings, examinations and investigations or any legal matters related to
the authority of the commission; a summary of any training courses held
pursuant to subsection 42-82-5(a)(7); a summary of land acquired and
conserved during the fiscal year; an annually updated inventory of all land in
the state which meets the definition of agricultural land; a briefing on
anticipated activities in the upcoming fiscal year; findings and
recommendation for improvements. The report shall be posted electronically as
prescribed in section 42-20-8.2. The director of the department of
administration shall be responsible for the enforcement of this provision;
and
(7) Conduct a training course for newly appointed and qualified members and
new designees of ex officio members within six (6) months of their
qualification or designation. The course shall be developed by the chair,
approved by the commission and conducted by the commission. The commission
may approve the use of any commission or staff members or other individuals
to assist with training. The course shall include instruction in the
following areas; the provisions of chapters 42-82, 42-46, 36-14, and 38-2;
and the commission's rules and regulations. The director of the department of
administration shall, within ninety (90) days of the effective date
of this act [May 3, 2006] prepare and disseminate training materials relating
to the provisions of chapters 42-46, 36-14 and 38-2.
(b) At any time after fulfilling the requirements of subsection (a), the
commission, on behalf of the state, may acquire any development rights that
may from time to time be offered by the owners of agricultural land. The
commission may accept or negotiate at a price not in excess of section
shall be the difference between the value of the property for its highest and
best use and its value for agricultural purposes as defined in this chapter.
In determining the value of the property for its highest and best use,
consideration shall be given to sales of comparable properties in the general
area, use of which is unrestricted at the time of sale. The seller of the
development rights shall have the option of accepting payment in full at the
time of transfer or accepting
payment on an installment basis in cash or with the principal paid by tax
exempt financial instruments of the state with interest on the unpaid balance
equal to the interest paid by the state on bonds sold during the preceding
twelve (12) month period. Any matter pending in the superior court may be
settled by the parties subject to approval by a referee. At any time after a
matter has been referred to a referee, even after an award is made by the
referee, but before payment thereof, the petitioner may withdraw his or her
petition upon payment of appraisal fees incurred by the state together with
all court costs, and the award shall become null and void.
(c) Any land received as a gift may be resold by the commission with the development
rights retained by the state and so noted by covenant in the deed. The
proceeds from that sale shall be returned to the agricultural land
preservation fund.
(d) Any land received as a gift and not resold by the commission may be
leased for agricultural uses or other uses the commission determines are not
detrimental to its agricultural productivity. Any funds thus obtained shall
be returned to the agricultural land preservation fund.
(e) The commission may consider petitions by the owner of land from which the
state has purchased the development rights to repurchase those development
rights from the state. The petition must be accompanied by a certificate from
the municipalities in which the land lies stating that two-thirds ( 2/3) of the
city or town council has approved the proposed development. The petition
shall set forth the facts and circumstances upon which the commission shall
consider approval,
and the commission shall deny approval unless at least seven (7) of its
members determine by vote that there is an overriding necessity to relinquish
control of the development rights. The commission shall hold at least one
public hearing in a city or town from which a certificate has been received,
prior to its consideration of the petition, which shall be announced in one
newspaper of local circulation. The expenses, if any, of the hearing shall be
borne by the petitioner. If the
commission approves the sale of the development rights, it shall receive the
value of the development rights at the time of this sale, to be determined in
the same manner as provided for by subsection (d). Proceeds of the sale shall
be returned to the agricultural land preservation fund. |
|
526) |
Section |
Amending Chapter Numbers: |
|
|
42-98-1.1 |
353 and 370 |
|
|
|
42-98-1.1.
Capital city underground utility initiative. -- (a) The public utilities commission shall permit the city
of Providence or the city of East Providence, upon petition by a duly
authorized representative of such municipality, to forego some or all of the
respective municipality's pro rata share of the refund accruing to the
ratepayers of the respective municipality as computed under section 11(c) of
the 3rd Amended Settlement Agreement in Docket
No. 2930; provided, however, that the city council of each petitioning
ratifies such action by passage of a resolution.
(b) The public utilities commission shall permit, upon petition by the
attorney general, for the use of up to two million dollars ($2,000,000) from
Narragansett Electric Company's Storm Contingency
Fund for purposes of under grounding that portion of the E-183 transmission
line under consideration in Energy Facility Siting Board Docket 2003-01.
(c) Narragansett Electric Company shall be required to apply to the regional
grid operator or its successor organization for approval to charge configuration
labeled the "North Bridge Alignment" as defined by the Settlement
Agreement that was approved by the Energy Facility Siting Board in Docket
2003-1. (d)
The Narragansett Electric Company ("company") shall be authorized
to proceed with the construction of the underground alignment of the E-183
line referenced in the Settlement Agreement
that was approved by the Energy Facility Siting Board in Docket 2003-01
("Underground alignment"), including the acquisition of any
property rights needed to implement the underground alignment subject to the
passage of resolutions by both city councils of the cities of Providence and
East Providence agreeing that any incremental costs above existing funding
may be included in electric rates of electric customers in those cities. Such
resolutions must be delivered to the public utilities commission no later
than July 1, 2009. Notwithstanding the terms of the Settlement, to the extent
the actual costs for the underground alignment exceed the funding obtained
for the project pursuant to this section and from federal and other sources,
the company is authorized to include the incremental costs above those
funding levels in its distribution rate base and reflect the revenue
requirement in rates to the electric distribution customers within the cities
of Providence and East Providence, subject to the timely passage and delivery
of the resolution specified above. Such rate adjustment shall be made within
six (6) months from project completion, applying the same ratemaking
principles as ordinarily applied to distribution capital projects when they
are allowed in its distribution rate base by the public utilities commission.
After completion of the underground alignment, the public utilities
commission shall conduct a review of costs incurred to construct the
underground alignment in order to verify that the company's calculation and
implementation of rates are in compliance with this section; provided,
further, the auditor general shall perform a performance audit of state
costs. (e)
If the underground alignment goes forward, the company shall retain such
portions of the properties acquired to implement the underground alignment as
may be necessary and prudent, and shall transfer any remaining portions of
said properties to the redevelopment authority of the city in which the
property is located after the completion of the project, at the city's
request and at no additional cost to the city. Any easements no longer being
used by the company for utility purposes after the
underground alignment is completed also shall be transferred to the city
after the completion of the project, at the city's request and at no
additional cost to the city. If there is any dispute about the extent to
which property or easements are needed and therefore should not be
transferred, the public utilities commission shall decide the issue upon
petition by the affected city. |
|
527) |
Section |
Amending Chapter Numbers: |
|
|
42-128-8 |
354 and 376 |
|
|
|
42-128-8.
Powers and duties. -- In order to
provide housing opportunities for all Rhode Islanders, to maintain the quality
of housing in
(1) Policy, planning and coordination of state housing functions. - The
commission shall have the power and duty:
(i) To prepare and adopt the state's plans for housing, provided however that
this provision shall not be interpreted to contravene the prerogative of the
state planning council to adopt a state guide plan for housing.
(ii) To prepare, adopt, and issue the state's housing policy.
(iii) To conduct research on and make reports regarding housing issues in the
state.
(iv) To advise the governor and general assembly on housing issues and to
coordinate housing activities among government agencies and agencies created
by state law or providing housing services under government programs.
(2) Establish, implement, and monitor state performance measures and
guidelines for housing programs. - The commission shall have the power and
the duty:
(i) To promulgate performance measures and guidelines for housing programs
conducted under state law.
(ii) To monitor and evaluate housing responsibilities established by state
law, and to establish a process for annual reporting on the outcomes of the
programs and investments of the state in housing for low and moderate income
people.
(iii) To hear and resolve disputes pertaining to housing issues.
(3) Administer the programs pertaining to housing resources that may be
assigned by state law. - The commission shall have the power and duty to
administer programs for housing, housing services, and community development,
including, but not limited to, programs pertaining to:
(i) Abandoned properties and the remediation of blighting conditions.
(ii) Lead abatement and to manage a lead hazard abatement program in
cooperation with the Rhode Island Housing and Mortgage Finance Corporation.
(iii) Services for the homeless.
(iv) Rental assistance.
(v) Community development.
(vi) Outreach, education and technical assistance services.
(vii) Assistance, including financial support, to non-profit organizations
and community development corporations.
(viii) Tax credits that assist in the provision of housing or foster
community development or that result in support to non-profit organizations
performing functions to accomplish the purposes of this chapter. (ix)
The Supportive Services Program, the purpose of which is to help prevent and
end homelessness among those who have experienced long-term homelessness and
for whom certain services in
addition to housing are essential. State funding for this program may
leverage other resources for the purpose of providing supportive services.
Services provided pursuant to this subsection may include, but not be limited
to: assistance with budgeting and paying rent; access to employment;
encouraging tenant involvement in facility management and policies;
medication monitoring and management; daily living skills related to food,
housekeeping and socialization; counseling to support self-identified goals;
referrals to mainstream health, mental health and treatment programs; and
conflict resolution. |
|
528) |
Section |
Adding Chapter Numbers: |
|
|
42-128.2 |
441 and 477 |
|
|
|
CHAPTER
128.2 EXPEDITED PERMITTING FOR AFFORDABLE HOUSING |
|
529) |
Section |
Adding Chapter Numbers: |
|
|
42-128.2-1 |
441 and 477 |
|
|
|
42-128.2-1.
Findings. – The general assembly finds and
declares that: (a)
The availability of affordable housing is a critical concern to the current
well-being and the future prosperity of the people of (b)
All towns in Rhode Island, with an obligation to do so, have adopted affordable
housing plans as required by chapters 286 and 324 of the public laws of 2004; (c)
The housing resources commission in conjunction with the statewide planning
program has adopted a strategic plan for affordable housing as required by
"The Comprehensive Housing
Production and Rehabilitation Act of 2004;" (d)
The people of (e)
The slowness and uncertainty of securing permits and regulatory approval from
state agencies can impair the viability of affordable housing development,
make such development more expensive, and can jeopardize federal and other
monies. |
|
530) |
Section |
Adding Chapter Numbers: |
|
|
42-128.2-2 |
441 and 477 |
|
|
|
42-128.2-2.
Purpose. – The purposes
of this chapter are to facilitate implementation of local and state plans for
the provision of affordable housing and to optimize the use of public
resources, including proceeds from bond issues, by providing expedited
processing by state agencies of applications for projects that would provide
affordable housing as set forth in this chapter. |
|
531) |
Section |
Adding Chapter Numbers: |
|
|
42-128.2-3 |
441 and 477 |
|
|
|
42-128.2-3.
Definitions. – As used in this chapter, unless
the context clearly indicates otherwise, the following words and phrases
shall have the following meanings: (1)
"Affordable housing plan" means a component of a housing element,
as defined in subsection 45-22.2-4(33), to meet housing needs in a city or
town that is prepared in accordance with guidelines adopted by the state
planning council, and/or to meet the provisions of subsections 45-53-4(b)(1)
and (c). (2)
"Associate director" means the associate director of the department
of administration for planning. (3)
"Chairperson" means the chairperson of the housing resources
commission. (4)
"Comprehensive plan" means a comprehensive plan adopted and
approved by a city or town pursuant to chapters 22.2 and 22.3 of title 45. (5)
"Determination of probable consistency" means a determination by
the associate director that an eligible affordable housing project appears to
be consistent with applicable provisions of state plans pertaining to
affordable housing development; a determination of probable consistency shall
not be deemed to be a conclusive, final, or biding determination of
conformity with such plans or with any specific requirements adopted pursuant
to such plans. (6)
"Eligible affordable housing project" means low or moderate income
housing or housing development in which at least twenty-five percent (25%) of
the dwelling units are low or moderate income housing whether built or
operated by any public agency or any nonprofit organization or by any limited
equity housing cooperative or any private developer, that is subsidized by a
federal, state, or municipal government subsidy under any program to assist
the construction
or rehabilitation of housing affordable to low or moderate income households,
as defined in the applicable federal or state statute, or local ordinance and
that will remain affordable through a land lease and/or deed restriction for
ninety-nine (99) years or such other period that is either agreed to by the
applicant and town or prescribed by the federal, state, or municipal
government subsidy program but that is not less than thirty (30) years from
initial occupancy. (7)
"Housing project of critical concern" means an eligible affordable
housing project designated by the housing resources commission to be
significant, in its operational stage, by its ability to advance affordable
goals set forth in duly approved plans for affordable housing and to help
alleviate affordable housing shortages in Rhode Island. (8)
"Housing resources commission" means the housing resources
commission established by chapter 128 of this title. (9)
"Person" means any natural person, company, corporation,
partnership, or any type of business entity. (10)
"State agency" means any office, department, board, commission,
bureau, division, authority, public corporation, agency, or instrumentality
of the state; the term "state agency" shall not be deemed to
include any department, office, or agency of a city or town. (11)
"Statewide planning" means the statewide planning program
established by section 42-11-10. |
|
532) |
Section |
Adding Chapter Numbers: |
|
|
42-128.2-4 |
441 and 477 |
|
|
|
42-128.2-4.
Request for status as a housing project of critical concern. – A person may apply to the probable
consistency, the |
|
533) |
Section |
Adding Chapter Numbers: |
|
|
42-128.2-5 |
441 and 477 |
|
|
|
42-128.2-5.
Filing of certificate. – A person
shall file the certificate of critical concern with the appropriate state
agency that has licensing or permitting authority over the project. A person
must file the certificate of critical concern at the time of filing the
necessary permit application(s) required for the project
with the state agency. The state agency shall give priority to the project of
critical concern in the handling and processing of the application. |
|
534) |
Section |
Adding Chapter Numbers: |
|
|
42-128.2-6 |
441 and 477 |
|
|
|
42-128.2-6.
Action by state agency. – (a) Within
three (3) months of the submission of a substantially complete application,
the state agency must render a written report on the status of the
application. The report shall contain information, which will enable the
person to make a sound business decision as to whether or not to pursue the
application. The report shall be sent to the applicant. (b)
If the application is not granted, then the state agency shall on the fourth
(4th), fifth (5th), and sixth (6th) months of the anniversary of submission
render a written report on the status of the application. If at the end of
the sixth (6th) month, a decision has not been rendered on the application,
then, in addition to the applicant, a copy of the written report shall be
rendered monthly thereafter to the associate director of the department of
administration for planning and the Rhode Island housing resources commission
until a decision to accept or reject the application has been made. |
|
535) |
Section |
Adding Chapter Numbers: |
|
|
42-128.2-7 |
441 and 477 |
|
|
|
42-128.2-7.
Permitting or licensing requirements. – The issuance of and the filing of a certificate of critical
housing concern does not constitute, and shall not be considered, a waiver of
any element, rule, regulation, or statute upon which the license or permit is
granted. |
|
536) |
Section |
Adding Chapter Numbers: |
|
|
42-128.2-8 |
441 and 477 |
|
|
|
42-128.2-8.
Rule making. – The housing resources
commission, at a regular quarterly meeting shall promulgate rules and
regulations in accordance with chapter 35 of this title to implement this
chapter, including, but not limited to, provisions to define an application
and criteria to
determine the significance of any application in meeting the purposes of this
act. |
|
537) |
Section |
Adding Chapter Numbers: |
|
|
42-133-11.1 |
288 and 412 |
|
|
|
42-133-11.1.
Stay of execution upon appeal. – (a)
In order to secure and protect the monies to be received as a result of the
Master Settlement Agreement, as defined in section 42-133-3 of this chapter,
in civil litigation under any legal theory involving a signatory, a successor
of a signatory, or an affiliate of a signatory to the Master Settlement
Agreement, the supersedeas bond to be furnished in order to stay the execution
of the judgment during the entire course of appellate
review shall be set in accordance with applicable laws or court rules, except
that the total supersedeas bond in any one case that is required of all
appellants collectively shall not exceed fifty million dollars ($50,000,000)
regardless of the value of the judgment. The limitation on the amount of the
bond set out in this section does not apply to awards resulting from actions
enforcing payments under the Master Settlement Agreement, as defined in
section 42-133-3 of this
chapter. (b)
Notwithstanding subsection (a), if an appellee proves by a preponderance of
the evidence that an appellant is dissipating assets outside the ordinary
course of business to avoid payment of a judgment, a court may require the
appellant to post a supersedeas bond in an amount up to the total amount of
the judgment. |
|
538) |
Section |
Adding Chapter Numbers: |
|
|
42-139-6 |
264 and 451 |
|
|
|
42-139-6.
Financial reports. -- (a) Every
person, corporation, or association that engages any person to act as a
lobbyist concerning executive or public corporation matters, and the
lobbyist, shall individually file with the secretary of state a complete and
detailed report of all compensation paid to the lobbyist for lobbying, and all
campaign contributions in excess of one hundred dollars ($100) or more to
state and municipal elected officials and state political action committees.
The report shall include the total amount expended for lobbying purposes, and
an itemization of any expenditure, gift, or honorarium of twenty-five dollars
($25.00) or more for each occurrence paid or incurred by the person,
corporation, or association or lobbyist for the specific purpose of promoting
or opposing in any manner action by members of the executive branch or of
public corporations. These reports shall include the names of the persons
receiving or in whose behalf the expenditures have been made, and the reason,
time, and place of the expenditures.
(b) The initial report shall be filed by the person, corporation, or
association having engaged any person to act as a lobbyist and by the
lobbyist at the time of their initial registration, and updated reports shall
be filed with the secretary of state semi-annually. The updated reports shall
be filed no later than thirty (30) days after the end of each reporting
period or if earlier, after the termination of the lobbyist's engagement,
and shall include expenditures for the period from January 1 through June 30,
and July through December 31, respectively or, if earlier, through the
date of termination of the lobbyist's engagement.
(c) All reports shall be on a form prescribed by the secretary of state, and
the reports shall be open for public inspection.
(d) In the event no compensation has been paid or received, and no expenses
have been paid or incurred, an annual statement to that effect may be filed
with the secretary of state in lieu of the report form. |
|
539) |
Section |
Amending Chapter Numbers: |
|
|
42-140-3 |
228 and 422 |
|
|
|
42-140-3.
Purposes. -- The purposes of the office shall
be to:
(1) Develop and put into effect plans and programs to promote, encourage, and
assist the provision of energy resources for social
equity, and environmental quality;
(2) Monitor, forecast, and report on energy use, energy prices, and energy
demand and supply forecasts, and make findings and recommendations with
regard to energy supply diversity, reliability,
and procurement, including least-cost procurement;
(3) Develop and to put into effect plans and programs to promote, encourage
and assist the efficient and productive use of energy resources in Rhode
Island, and to coordinate energy programs for natural gas, electricity, and
heating oil to maximize the aggregate benefits of conservation and efficiency
of investments;
(4) Monitor and report technological developments that may result in new
and/or improved sources of energy supply, increased energy efficiency, and
reduced environmental impacts from energy supply, transmission and
distribution;
(5) Administer the programs, duties, and responsibilities heretofore
exercised by the state energy office, except as these may be assigned
(6) Develop, recommend and, as appropriate, implement integrated and/or
comprehensive strategies, including at regional and federal levels, to secure
persons,
private sector, non-profit, regional, federal entities and departments and
agencies of other states to effectuate this purpose;
(7) Cooperate with agencies, departments, corporations, and entities of the
state and of political subdivisions of the state in achieving its purposes;
(8) Cooperate with and assist the state planning council and the division of
state planning in developing, maintaining, and implementing state guide plan elements
pertaining to energy and renewable energy;
(9) Administer, as
(i) The federal low-income home energy assistance program which provides
heating assistance to eligible low-income persons and any state funded or
privately funded heating assistance program of a similar nature assigned to
it for administration;
(ii) The weatherization assistance program which offers home weatherization
grants and heating system upgrades to eligible persons of low-income;
(iii) The emergency fuel program which provides oil deliveries to families
experiencing a heating emergency;
(iv) The energy conservation program, which offers service and programs to
all sectors; and
(10) Advise the economic development corporation in the development of
standards and rules for the solicitation and award of renewable energy
program investment funds in accordance with section 42-64-13.2;
(11)
(12) |
|
540) |
Section |
Amending Chapter Numbers: |
|
|
42-140-7 |
228 and 422 |
|
|
|
42-140-7.
Conduct of activities. -- (a) To the
extent reasonable and practical, the conduct of activities under the
provisions of this chapter shall be open and inclusive; the commissioner and
the council shall seek in addressing the purposes of the office to involve
the research
and analytic capacities of institutions of higher education within the state,
industry, advocacy groups, and regional entities, and shall seek input from
stakeholders including, but not limited to, residential and commercial energy
users.
(b)
The
commissioner shall transmit any unencumbered funds from the renewable energy
program under chapter 39-2 to the economic development corporation to be
administered in accordance with a the provisions of section 39-2-1.2. |
|
541) |
Section |
Adding Chapter Numbers: |
|
|
42-142-2.1 |
98 and 145 |
|
|
|
42-142-2.1.
Powers and duties of the director of revenue- The director of revenue is hereby
authorized and empowered to make rules and regulations as the director may
deem necessary for the proper administration and enforcement of the laws of |
|
542) |
Section |
Amending Chapter Numbers: |
|
|
42-142-4 |
98 and 145 |
|
|
|
42-142-4.
Division of property valuation and municipal finance. – (a) There is hereby established within the department of
revenue a division of property valuation and municipal finance. The
head of the office shall be the chief of property valuation and municipal
finance. (b)
The division of property valuation and municipal finance shall have
the following duties: (i)
Provide assistance and guidance to municipalities in complying with state
law; (ii)
To encourage cooperation between municipalities and the state in calculating,
evaluating and distributing state aid; (iii)
To maintain a data center of information of use to municipalities; (iv)
To maintain and compute financial and equalized property value Information
for the benefit of municipalities and public policy decision makers; (v)
To encourage and assure compliance with state laws and policies relating to
municipalities especially in the areas of public disclosure, tax levies,
financial reporting, and property tax issues; (vi)
To encourage cooperation between municipalities and the state by distributing
information and by providing technical assistance to municipalities; (vii)
To give guidance to public decision makers on the equitable distribution of
state aid to municipalities; (viii)
To provide technical assistance for property tax administration. |
|
543) |
Section |
Adding Chapter Numbers: |
|
|
42-142-5 |
165 and 173 |
|
|
|
42-142-5.
Annual unified economic development budget report. – (a) The director of the department of revenue shall,
not later than October 15 of each state fiscal year, compile and publish, in
printed and electronic form, including on the Internet, an annual unified
economic development budget report which shall provide the following
comprehensive information regarding the costs and benefits of all tax credits
or other tax benefits conferred pursuant to sections 42-64-10, 44-63-3,
42-64.5-5, 42-64.3-6.1, 42-64.9-6.2 and 44-31.2-6.1 during the preceding
fiscal year: (1)
The name of each recipient of any such tax credit or other tax benefit; the
dollar amount of each such tax credit or other tax benefit; and summaries of
the number of full-time and part-time jobs created or retained, employee
benefits provided and the degree to which job creation
and retention, wage and benefit goals and requirements of recipient and
related corporations, if any, have been met. The report shall include
aggregate dollar amounts for each category of tax credit or other tax benefit
and for each geographical area within the state; the number of recipients
within each category of tax credit or other tax benefit; the number of
full-time and part-time jobs created or retained, the employee benefits
provided; and the degree to which
job creation and retention, wage and benefit rate goals and requirements have
been met within each category of tax credit or other tax benefit; and (2)
The dollar amounts of all such tax credits and other tax benefits by each
approving authority pursuant to sections 42-64-10, 44-63-3, 42-64.5-5,
42-64.3-6.1, 42-64.9-6.2 and 44-31.2-6.1, together with the cost to the state
and to the approving agency; the value of the tax credit
or other tax benefits to each recipient thereof; and summaries of the number
of full-time and part-time jobs created or retained, employee benefits
provided, and the degree to which job creation and retention, wage and
benefit rate goals and requirements of the recipients and related
corporations, if any, have been met. (b)
The director of the department of revenue shall provide to the general
assembly, as part of the annual budget request of the governor, and shall
make available to the public via the Internet, a comprehensive presentation
of the costs of all such tax credits and other tax benefits to the state
during the preceding fiscal year, an estimate of the anticipated costs of
such tax credits and other tax incentives for the then-current fiscal year,
and an estimate of the costs of all such tax credits or other tax benefits
for the fiscal year of the requested budget, including, but not limited to: (1)
The total cost to the state of tax expenditures resulting from such tax
credits and other tax benefits, the costs for each category of tax credits
and other tax benefits, and the amounts of tax credits and other tax benefits
by geographical area; (2)
The extent to which any employees of and recipients of any such tax credits
or other tax benefits has received RIte Care or RIte Share benefits or
assistance and the impact that any such benefits or assistance may have on
the state budget; and (3)
The cost to the state of all appropriated expenditures for such tax credits
and other tax benefits, including line-item budgets for every state-funded
entity concerned with economic development, including, but not limited to,
the department of labor and training, the department of education, the
economic development corporation, the commissioner of higher education, and
the research and business assistance programs of public institutions of
higher education. (c)
Forthwith upon passage of this act, the director of the department of revenue
shall undertake to develop a method and a procedure for the collection and analysis
of comprehensive information on the basis of which the costs and the fiscal
and social efficacies associated with those tax credits and other tax
benefits conferred pursuant to sections 44-31-1, 44-31-1.1, 44-31-2, 44-32-2,
44-32-3, 44-42-2 and 44-55-4 may be evaluated and weighed by the executive
and legislative branches of state government. On or before December 31, 2008,
the director shall report to the governor and to the chairpersons of the
house and senate committees on finance upon his or her compliance with this
subsection and set forth his conclusions and recommendations with respect
thereto. |
|
544) |
Section |
Amending Chapter Numbers: |
|
|
42-148-2 |
121 and 139 |
|
|
|
42-148-2.
Definitions. -- When used in this chapter:
(a) "In-house costs" means a detailed budget breakdown of the
current costs of providing the service or program proposed for privatization.
(b) "Statement of work and performance standards" means a clear
statement of the nature and extent of the work to be performed with
measurable performance standards as set forth in section 42-148-3(b)(2) of
this chapter.
(c) "In-house bid" shall mean the cost of the proposal proffered by
in-house state programs and employees and their representatives pursuant to
section 42-148-3(b)(3) of this chapter.
(d) "Cost comparison" means an analysis of the comparative costs of
providing the service in-house or by privatization.
(e) "Conversion differential" means transition costs and costs
associated with starting up or closing down during conversion to
(f) "Transition costs" means the cost of contracting including
monitoring vendors for accountability, costs associated with unemployment
compensation, payment of accrued leave credits, bumping, and retention
factors for those with statutory status. (g)
"Privatization or privatization contract" means an agreement or
combination or series of agreements by which a non-governmental person or
entity agrees with an agency to provide services expected to result in a
fiscal year expenditure of at least one hundred fifty thousand dollars
($150,000) (as of July 1 of each year, the amount shall increase to reflect
increases in the consumer price index calculated by the United States Bureau
of Labor Statistics for all urban consumers nationally during the most recent
twelve (12) month period for which data are available or more), which would
contract services which are substantially similar to and in replacement of
work normally performed by an employee of an agency as of June 30, 2007. "Privatization"
or "privatization contract" excludes: (1)
Contracts resulting from an emergency procurement; (2)
Contracts with a term of one hundred eighty (180) days or less on a
non-recurring basis; (3)
Contracts to provide highly specialized or technical services not normally
provided by state employees; (4)
Any subsequent contract which: (a) renews or rebids a prior privatization
contract which existed before June 30, 2007; or (b) renews or rebids a
privatization contract that was subject
to the provisions of this statute after its enactment; and (5)
An agreement to provide legal services or management consulting services. |
|
545) |
Section |
Amending Chapter Numbers: |
|
|
42-148-3 |
121 and 139 |
|
|
|
42-148-3.
Preclosure analysis. -- (a) Prior to
the closure, consolidation or privatization of any state facility, function
or program, the director of administration or his or her designee, shall
conduct a thorough cost comparison analysis and evaluate quality performance
concerns before deciding to purchase services from private vendors rather
than provide services directly.
(b) The director of administration shall
(i) Document the current in-house costs of providing the services with a
detailed budget breakdown. The in-house cost shall include any department
overhead and other costs that would continue even if the service was
contracted out.
(ii) Prepare a statement of work and performance standards which shall form
the basis for the requests for proposals and which shall include the
following:
(A) A clear statement of work with measurable performance standards including
qualitative as well as quantitative standards that bidders must meet or
exceed;
(B) Requirements that contractors meet affirmative action, disability and
other nondiscriminatory and service standards currently required of state
agencies.
(C) A clear format that will enable comparison of competitive bids and
in-house bids. The format must require detailed budget breakdowns.
(c) Prior to the issuance of the RFP current public employees
(d)
(e) Prior to or at any time before or after the normal procurement
process, the
(i) Incorporate the statement of work and performance standards, and
(ii) Require bidders to meet the same statement of work performance standards
as would be expected by an
(iii) Include bid forms requiring a sufficiently detailed breakdown of cost
categories to allow accurate and meaningful comparisons
(f) The in-house bid developed pursuant to subsection (d) of this section
shall be kept confidential from bidders. |
|
546) |
Section |
Amending Chapter Numbers: |
|
|
42-148-6 |
121 and 139 |
|
|
|
42-148-6.
Appeal. -- Before
any award is final, state employees or their bargaining representatives shall
have a right to protest the award decision within thirty (30) days to the
director of administration. The director of administration shall have no more
than fifteen (15) days to render a decision. Any state employees or their
bargaining representative that files a protest shall have thirty (30) days
from the director's decision to file an appeal to the superior court, |
|
547) |
Section |
Amending Chapter Numbers: |
|
|
42-148-8 |
121 and 139 |
|
|
|
42-148-8.
Applicability. – (a) The process set forth in
this chapter shall apply to privatization contracts as defined in subsection
42-148-2(g). (b)
Notwithstanding any general law or special law to the contrary, no award
shall be made or privatization contract entered into by the state of complied with in
their entirety. All of the aforementioned sections shall apply to all pending
awards and pending privatization contracts. |
|
548) |
Section |
Adding Chapter Numbers: |
|
|
42-148-9 |
121 and 139 |
|
|
|
42-148-9.
Severability. – If any
provision of this chapter, or the application of this chapter to any person
or circumstances is held invalid by a court of competent jurisdiction, the
remainder of the chapter and the application of that provision to other
persons or circumstances shall not be affected. |
|
549) |
Section |
Adding Chapter Numbers: |
|
|
42-150 |
84 and 87 |
|
|
|
CHAPTER
150 THE |
|
550) |
Section |
Adding Chapter Numbers: |
|
|
42-150-1 |
84 and 87 |
|
|
|
42-150-1.
Commission established. -- There
shall be a community college of Rhode Island twenty-first century work force
commission to consist of thirteen (13) members; three (3) of whom shall be
appointed by the governor, one of whom shall be the executive director of the
Economic Development Corporation, and with one of those so appointed to be
designated by the governor as chair; two (2) of whom shall be appointed by
the speaker of the house of representatives;
two (2) shall be appointed by the president of the senate; two (2) of whom
shall be appointed by the president of the community college of Rhode Island;
one of whom shall be appointed by the chair of the board of governors for
higher education; one of whom shall be appointed by the chair of the Rhode
Island board of regents for elementary and secondary education; one of whom
shall be the director of the department of labor and training; and one of whom shall be
the chairperson, or vice-chairperson, of the governor's workforce development
board. |
|
551) |
Section |
Adding Chapter Numbers: |
|
|
42-150-2 |
84 and 87 |
|
|
|
42-150-2. |
|
552) |
Section |
Adding Chapter Numbers: |
|
|
42-150-3 |
84 and 87 |
|
|
|
42-150-3.
Authority to accept grants. -- The commission is authorized to accept state, federal and private
grants and appropriations for its operation purposes. |
|
553) |
Section |
Adding Chapter Numbers: |
|
|
42-150-4 |
84 and 87 |
|
|
|
42-150-4.
Reporting. -- The
commission shall, within eighteen (18) months, of its formation, submit a
written report to the governor and each chamber of the general assembly
detailing its findings and proposals as required by its mission. |
|
554) |
Section |
Adding Chapter Numbers: |
|
|
42-150-5 |
84 and 87 |
|
|
|
42-150-5.
Expiration. -- The
commission shall expire on July 1, 2010 |
|
555) |
Section |
Adding Chapter Numbers: |
|
|
42-151 |
235 and 474 |
|
|
|
CHAPTER
151 THE LIBERIAN CULTURAL EXCHANGE COMMISSION |
|
556) |
Section |
Adding Chapter Numbers: |
|
|
42-151-1 |
235 and 474 |
|
|
|
42-151-1.
Commission established. – There shall be
a Liberian cultural exchange commission to consist of nine (9) members, all
of whom shall be American citizens descended from Liberian ancestry and
residents of the state: three (3) of whom shall be appointed by the speaker of the house
of representatives; three (3) of whom shall be appointed by the senate
president; and three (3) of whom shall be appointed by the governor. The
commission shall establish, maintain and develop cultural ties between
Liberia and Liberian-Americans and shall foster a special interest in the
historical and cultural background of both groups, as well as in the
economic, political, social and artistic life of the countries involved; and
shall help establish and/or promote the Liberian culture in Rhode Island's
schools. |
|
557) |
Section |
Adding Chapter Numbers: |
|
|
44-1-31.1 |
137 and 190 |
|
|
|
44-1-31.1.
Returns to be filed by paid tax return preparers electronically. -- (a) Beginning January 1, 2009, the tax administrator is
authorized to require that paid tax return preparers that prepared more than
one hundred (100) Rhode Island tax returns in the prior year, shall file
Rhode Island tax returns for their clients electronically with the Rhode
Island Division of Taxation. (b)
This section shall apply to paid tax return preparers of (c)
If a paid tax return preparer is required by the tax administrator to file
electronically in accordance with this section, the tax administrator may
allow such preparer to bypass such requirement in a given instance where a
client specifically requests that the return(s) not be filed electronically. (d)
If a paid tax return preparer fails to abide by such electronic filing
requirement or otherwise causes clients' administrator
may, after a hearing to show cause, preclude such preparer from preparing and
filing (e)
The tax administrator is authorized to waive the electronic filing
requirement in a given year for a paid tax return preparer who can show that
filing electronically will cause undue hardship. |
|
558) |
Section |
Amending Chapter Numbers: |
|
|
44-2-2 |
98 and 145 |
|
|
|
44-2-2.
Appropriations for tax officials' association ---The general assembly may annually appropriate a sum as it may
deem necessary, out of any money in the treasury not otherwise appropriated,
to be expended under the supervision of the director of the department of directed to draw
his or her orders upon the general treasurer for the payment of the sum
appropriated, or so much of the sum as may be from time to time required,
upon receipt by the controller of proper vouchers approved by the director of
|
|
559) |
Section |
Amending Chapter Numbers: |
|
|
44-3-4 |
79 and 83 |
|
|
|
44-3-4.
Veterans' exemptions. -- (a) (1) The
property of each person who served in the military or naval service of the
United States in the war of the rebellion, the Spanish-American war, the
insurrection in the Philippines, the China-relief expedition, or World War I,
and the property
of each person who served in the military or naval service of the United
States in World War II at any time during the period beginning December 7,
1941, and ending on December 31, 1946, and the property of each person who served
in the military or naval services of the United States in the Korean conflict
at any time during the period beginning June 27, 1950 and ending January 31,
1955 or in the Vietnam conflict at any time during the period beginning
February 28, 1961 and ending May 7, 1975 or who actually served in the
Grenada or Lebanon conflicts of 1983-1984, or the Persian Gulf conflict, the
Haitian conflict, the Somalian conflict, and the Bosnian
conflict, at any time during the period beginning August 2, 1990 and ending
May 1, 1994, or in any conflict or undeclared war for which a campaign ribbon
or expeditionary medal was earned, 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)
(iii)
(iv)
(v)
(vi)
(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)
(ix)
(x)
(xi)
(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
(xiii)
(xiv)
(xv) Glocester, where the exemption shall not exceed thirty thousand dollars
($30,000).
(xvi)
(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;
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)
(ii)
(iii)
(iv)
(v)
(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)
(viii)
(ix)
(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 for which a campaign ribbon
or expeditionary medal was earned, 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.
(3) Provided, that:
(i) Burrillville may exempt real property of the totally disabled persons in
the amount of six thousand dollars ($6,000);
(ii)
(iii) Little
(iv)
(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)
(vii) Tiverton town council may, by ordinance, exempt real property of each
of the totally disabled persons in the amount of five thousand dollars
($5,000), subject to voters' approval at the financial town meeting;
(viii)
(ix) Westerly town council may, by ordinance, provide for an exemption on the
total value of real and personal property to a maximum of six
thousand five hundred dollars ($46,500).
(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 for which a campaign ribbon or expeditionary medal was earned,
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 is partially disabled,
which certificate remains effectual so long as the partial disability
continues. Provided, however, that the
(5) was
discharged under conditions other than dishonorable, or who, if not
discharged, served honorably, or of the unmarried widow or widower of that
person. The exemption shall be determined by the town council in an amount
not to exceed ten thousand dollars ($10,000).
(b) In addition to the exemption provided in subsection (a) of this section,
there is a ten-thousand dollar ($10,000) exemption from local taxation on
real property for any veteran and the unmarried widow or widower of a deceased
veteran of the military or naval service of the United States who is
determined, under applicable federal law by the Veterans Administration of
the United States, to be totally disabled through service connected
disability and who by reason of the disability
has received assistance in acquiring "specially adopted housing"
under laws administered by the veterans' administration; provided, that the
real estate is occupied as his or her domicile, by the person; and, provided,
that if the property is designed for occupancy by more than one family then
only that value of so much of the house as is occupied by the person as his
or her domicile is exempted; and, provided, that satisfactory evidence of
receipt of the assistance is
furnished to the assessors except in:
(1)
(2)
(3)
(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)
(6)
(7)
(c) In addition to the previously provided exemptions, any veteran of the
military or naval service of the
(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
(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
(h)
(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, which 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 which has been acquired or
modified, using proceeds from the sale of any previous homestead, which 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
(j) The town of |
|
560) |
Section |
Amending Chapter Numbers: |
|
|
44-3-3 |
79, 83, 98 and 145 |
|
|
|
(1)
Property belonging to the state except as provided in section 44-4-4.1; (2)
Lands ceded or belonging to the (3)
Bonds and other securities issued and exempted from taxation by the
government of the (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 (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; (9) Estates,
persons, and families of the president and professors for the time being of (10) Property
especially exempt by charter unless the exemption has been waived in whole or
in part. (11)
Lots of land exclusively for burial grounds; (12) Property,
real and personal, held for or by an incorporated library, society, or any
free public library, or any free public library society, so far as the
property is held exclusively for library purposes, or for the aid or support
of the aged poor, or poor friendless children, or the poor generally, or for
a 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 described
in this subdivision located within the city of (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; providing, that in the town of (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 which 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 (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 §§ 44-3-3, 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 which 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 which 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, 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 person, is a manufacturer within the meaning of this paragraph. (v) The
term "Person" means and includes, as appropriate, a person,
partnership, or corporation. (vi) The
department of (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) New
manufacturing machinery and equipment acquired or used by a manufacturer and
purchased 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) of this section, 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 which 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) of this section, 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 (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 which
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 which has been put through a
process of melting or refining, and which 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 which 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 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 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 (29) Tangible
personal property owned by, and used exclusively for the purposes of, any
religious organization located in the city of (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 which is formed in connection with, or to facilitate the acquisition
of, the (31) Real
and personal property of |
|
561) |
Section |
Amending Chapter Numbers: |
|
|
44-3-12 |
79 and 83 |
|
|
|
44-3-12.
Visually impaired persons -- Exemption. --
(a) The property of each person who has permanent impairment of both eyes of the
following status: central visual acuity of twenty/two hundred (20/200) or
less in the better eye, with corrective glasses, or central visual acuity of
more than twenty/two hundred (20/200) if there is a field defect in which the
peripheral field has contracted to the extent that the widest diameter of
visual field subtends an angular distance no greater than twenty (20) degrees
in the better eye, shall be exempted from taxation to the amount of six
thousand dollars ($6,000), except for the towns of:
Tiverton. - Which exemption shall be seven thousand five hundred dollars
($7,500); and
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 section 44-3-25.
(b) In each city or town that has not increased the exemption provided by subsection
(a) of this section above the minimum of six thousand dollars ($6,000),
except for the towns of:
Tiverton. - Which exemption shall be seven thousand five hundred dollars
($7,500); and 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) of this section above the minimum of six
thousand dollars ($6,000), except for the towns of:
Tiverton. - Which exemption shall be seven thousand five hundred dollars
($7,500); and
|
|
562) |
Section |
Amending Chapter Numbers: |
|
|
44-3-13 |
328 and 398 |
|
|
|
44-3-13.
Persons over the age of 65 years -- Exemption. -- (a) 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
(b)
(c)
(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 or occupied
by any person who is totally and permanently disabled regardless of age, who
otherwise qualify for tax freeze benefits, which exemption is in an
amount not exceeding
(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 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)
(f)
(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) 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)
(j) 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. |
|
563) |
Section |
Amending Chapter Numbers: |
|
|
44-3-29.1 |
98 and 145 |
|
|
|
44-3-29.1.
Wholesale and retail inventory tax phase out. -- (a) Beginning July 1, 1999, the city council or town
council of any municipality shall, by ordinance, phase out, over a ten (10)
year period, the stock in trade or inventory tax of wholesalers and
retailers. The rate schedule to be implemented by the cities and towns is
established in this section.(b) "Inventory", as it refers to
wholesalers, "stock in trade", as it refers to wholesalers, and
"wholesaler" have the same meaning as defined in section 44-3-19. (c) "Inventory",
as it refers to retailers, "stock in trade", as it refers to
retailers, and "retailer: have the same meaning as defined in section
44-3-40. (d) The
rate schedule for the ten (10) year phase out of the wholesale and retail
inventory tax is as follows: Year
Maximum Tax Rate FY 1999 set by local officials
FY 2000
ninety percent (90%) of FY 1999 rate
FY 2001
eighty percent (80%) of FY 1999 rate
FY 2002
seventy percent (70%) of FY 1999 rate
FY 2003
sixty percent (60%) of FY 1999 rate
FY 2004
fifty percent (50%) of FY 1999 rate
FY 2005
forty percent (40%) of FY 1999 rate
FY 2006
thirty percent (30%) of FY 1999 rate
FY 2007
twenty percent (20%) of FY 1999 rate
FY 2008
ten percent (10%) of FY 1999 rate
FY 2009
no tax authorized (e) In
the event that a wholesaler sold inventory or stock in trade both at
wholesale and at retail in the preceding calendar year, the tax assessor of
the municipality shall assess on the same basis as a retailer's inventory or
stock in trade as of December 31 of that year, to the extent permitted by
applicable law, notwithstanding any freeze of assessed valuation or exemption
permitted pursuant to § 44-5-12(c), that proportion of inventory or stock in
trade of the wholesaler which are equal to the percentage of the wholesaler's
total sales during the preceding calendar year that were at retail. For the
purposes of this paragraph, "sales at retail" do include sales to
employees of the wholesaler or to employees of its affiliates. If retail
sales are less than one
percent (1%) of total sales during the year, it is deemed that no sales were
made at retail during the year. All sales of a wholesaler to a customer,
which is an affiliated entity, are deemed to be retail sales for the purposes
of this subsection if more than half of the dollar volume of the sales of the
affiliated entity is made within the municipality. (f) For
purposes of this section, a wholesaler is considered affiliated with
customers if it controls, or is under common control with the customers. (g) In
the event that a wholesaler or retailer subject to the inventory tax
commences operations in a particular city or town after fiscal year 1999, the
tax assessor for that municipality shall determine what would have been the
value of the inventory as of December 1998, adjusting the inventory value to
fiscal year 1999 using the changes in the consumer price index -- all urban
consumers (CPI-U) published by the Bureau of Labor Statistics of the United
States Department of Labor. The director of the department of |
|
564) |
Section |
Amending Chapter Numbers: |
|
|
44-3-34 |
346 and 461 |
|
|
|
44-3-34.
(b) Each person upon application for exemption shall provide by means of a
sworn statement to the assessor clear and convincing evidence to establish
his or her legal residence at the property subject to the exemption.
(c) In the event that the property subject to the exemption should be sold or
otherwise transferred during the year for which the exemption is claimed to a
person who does not qualify for the exemption, the exemption is deemed void
and the seller or transferor is liable to the city for reimbursement of any
tax benefit received as a result of the exemption.
(d) The city council of the city of |
|
565) |
Section |
Amending Chapter Numbers: |
|
|
44-5-2 |
98 and 145 |
|
|
|
44-5-2. Maximum levy. (a) Through and including its fiscal year 2007, a city or town maylevy a tax in an amount not more than five and one-half percent (5.5%) in excess of the amount levied and certified by that city or town for the prior year. Through and including its fiscal year 2007, but in no fiscal year thereafter, the amount levied by a city or town is deemed to be consistent with the five and one-half percent (5.5%) levy growth cap if the tax rate is not more than one hundred and five and one-half percent (105.5%) of the prior year's tax rate and the budget resolution or ordinance, as applicable, specifies that the tax rate is not increasing by more than five and one-half percent (5.5%) except as specified in subsection (c) of this section. In all years when a revaluation or update is not being implemented, a tax rate is deemed to be one hundred five and one-half percent (105.5%) or less of the prior year's tax rate if the tax on a parcel of real property, the value of which is unchanged for purpose of taxation, is no more than one hundred five and one-half percent (105.5%) of the prior year's tax on the same parcel
of real property. In any year through and including fiscal year 2007 when a revaluation
or update is being implemented, the tax rate is deemed to be one hundred five
and one-half percent (105.5%) of the prior year's tax rate as certified by
the division of (b) In its fiscal year 2008, a city or town may levy a tax in an amount not more than five and one-quarter percent (5.25%) in excess of the total amount levied and certified by that city or town for its fiscal year 2007. In its fiscal year 2009, a city or town may levy a tax in an amount not more than five percent (5%) in excess of the total amount levied and certified by that city or town for its fiscal year 2008. In its fiscal year 2010, a city or town may levy a tax in an amount not more than four and three-quarters percent (4.75%) in excess of the total amount levied and certified by that city or town in its fiscal year 2009. In its fiscal year 2011, a city or town may levy a tax in an amount not more than four and one-half percent (4.5%) in excess of the total amount levied and certified by that city or town in its fiscal year 2010. In its fiscal year 2012, a city or town may levy a tax in an amount not more than four and one-quarter percent (4.25%) in excess of the total amount levied and certified by that city or town in its fiscal year 2011. In its fiscal year 2013 and in each fiscal year thereafter, a city or town may levy a tax in an amount not more than four percent (4%) in excess of the total amount levied and certified by that city or town for its previous fiscal year. (c) The division of property valuation in the department of revenue shall monitor city and town compliance with this
levy cap, issue periodic reports to the general assembly on compliance, and
make recommendations on the continuation or modification of the levy cap on
or before December 31, 1987, December 31, 1990, and December 31, every third
year thereafter. The chief elected official in each city and town shall
provide to the (d) The amount levied by a city or town may exceed the percentage increase as specified in subsection (a) or (b) of this section if the city or town qualifies under one or more of the following provisions: (1) The city
or town forecasts or experiences a loss in total non-property tax revenues
and the loss is certified by the department of (2) The city or town experiences or anticipates an emergency situation, which causes or will cause the levy to exceed the percentage increase as specified in subsection (a) or (b) of this section. In the event of an emergency or an anticipated emergency, the city or town shall notify the auditor general who shall certify the existence or anticipated existence of the emergency. Without limiting the generality of the foregoing, an emergency shall be deemed to exist when the city or town experiences or anticipates health insurance costs, retirement contributions or utility expenditures which exceed the prior fiscal year's health insurance costs, retirement contributions or utility expenditures by a percentage greater than three (3) times the percentage increase as specified in subsection (a) or (b) of this section. (3) A city
or town forecasts or experiences debt services expenditures which exceed the
prior year's debt service expenditures by an amount greater than the
percentage increase as specified in subsection (a) or (b) of this section and
which are the result of bonded debt issued in a manner consistent with
general law or a special act. In the event of the debt service increase, the
city or town shall notify the department of subsection (a) or (b) of this section the prior year's debt service. No action approving or disapproving exceeding a levy cap under the provisions of this section affects the requirement to pay obligations as described in subsection (d) of this section. (4) The city
or town experiences substantial growth in its tax base as the result of major
new construction which necessitates either significant infrastructure or
school housing expenditures by the city or town or a significant increase in
the need for essential municipal services and such increase in expenditures
or demand for services is certified by the department of (e) Any levy pursuant to subsection (d) of this section in excess of the percentage increase specified in subsection (a) of this section shall be approved by the affirmative vote of at least four-fifths (4/5) of the full membership of the governing body of the city or town or in the case of a city or town having a financial town meeting, the majority of the electors present and
voting at the town financial meeting shall also approve the excess levy.
(f) Nothing contained in this section constrains the
payment of present or future obligations as prescribed by § 45-12-1, and
all taxable property in each city or town is subject to taxation without
limitation as to rate or amount to pay general obligation bonds or notes of
the city or town except as otherwise specifically provided by law or charter.
|
|
566) |
Section |
Amending Chapter Numbers: |
|
|
44-5-11.1 |
98 and 145 |
|
|
|
44-5-11.1.
Certification of businesses and employees engaged in revaluing property----(a) All persons, firms, associations, partnerships,
and corporations engaged in the business of revaluing property for any town
or city pursuant to the provisions of § 44-5-11.6 shall be certified by the
department of (b) All
employees of persons, firms, associations, partnerships, and corporations
referred to in subsection (a) of this section shall, prior to revaluing
property for any town or city pursuant to the provisions of § 44-5-11.6, be
certified by the department of qualified
to perform the services. (c) Each
person, firm, association, partnership, or corporation referred to in
subsection (a) of this section shall, prior to revaluing property for any
town or city pursuant to the provisions of § 44-5-11.6, disclose to the town
or city council of that municipality, all standards to be used in conducting
the revaluation and secure approval of the town or city council. (d)(1) The
director of (2) The
rules and regulations shall include, but shall not be limited to, the
following requirements: (i) The
person, firm, association, partnership, or corporation: (A) Must
demonstrate experience in the field of assessing, revaluation, and ad valorem
appraising; (B) Must
list all officers engaged in the revaluation process in (C) Must
list all project managers, field supervisors, reviewers, appraisers, and
other personnel engaged in the revaluation process in (D) Must
provide a list of the five (5) most recent revaluation projects performed
within the preceding ten (10) years, including the municipality and state in
which the work was performed as well as the project supervisor for each
project; (E) Must
post a performance surety bond: (F) Demonstrate
financial solvency of the company (G) List
all pending litigation, if any, to which the company is a party. (ii) The
rules and regulations shall require ad valorem appraisers to have either
proper designations from recognized professional organizations or written
examinations by the licensing agency. |
|
567) |
Section |
Amending Chapter Numbers: |
|
|
44-5-11.3 |
98 and 145 |
|
|
|
44-5-11.3.
Annual training institute for tax assessors --- (a) The director of the department of
(b) An applicant, who is a member of a local assessment personnel staff,
who has successfully completed the training program, or who has obtained the
necessary courses, shall be awarded the designation of Rhode Island Certified
Assessment Personnel (RICAP). (c) The
Rhode Island Association of Assessing Officers shall establish a program of
re-certification, approved by the department of |
|
568) |
Section |
Amending Chapter Numbers: |
|
|
44-5-11.4 |
98 and 145 |
|
|
|
44-5-11.4.
Technology grants for property tax administration---The director of the department of administration.
The director shall also cause to be prepared and distributed to all cities
and towns that participate in the grant-in-aid program, a uniform
"software" application program which would adapt current state-of-
the-art uses in property tax administration. |
|
569) |
Section |
Amending Chapter Numbers: |
|
|
44-5-11.6 |
98 and 145 |
|
|
|
44-5-11.6.
Assessment of valuations -- Apportionment of levies. -- (a) Notwithstanding the provisions of § 44-5-11
[repealed], beginning on December 31, 2000, the assessors in the several towns
and cities shall conduct an update as defined in this section or shall assess
all valuations and apportion the levy of all taxes legally ordered under the
rules and regulations, not repugnant to law, as the town meetings and city
councils, respectively, shall from time to time prescribe; provided, that the
update or valuation is performed in accordance with the following schedules: (1)
(i) For a transition period, for cities and towns who conducted or
implemented a revaluation as of 1993 or in years later. Update
Revaluation Lincoln
2000 2003 South Kingstown
2000
2003 Smithfield 2000 2003 West Warwick 2000
2003 Johnston 2000
2003 Burrillville 2000
2003 North Smithfield 2000
2003 Central Falls 2000
2003 North Kingstown 2000
2003 Jamestown 2000
2003 North Providence 2001
2004 Cumberland 2001
2004 Bristol 2004
2001 Charlestown
2001 2004 East Greenwich 2002
2005 Cranston 2002 2005 Barrington 2002
2005 Warwick 2003 2006 Warren 2003
2006 East Providence 2003
2006 (ii) Provided
that the reevaluation period for the town of (iii) The
implementation date for this schedule is December 31st, of the stated year. (iv) Those
cities and towns not listed in this schedule, shall continue the revaluation
schedule pursuant to § 44-5-11 [repealed]. (2)
(i) For the post transition period and in years thereafter: Update #1
Update #2
Revaluation Woonsocket 2002
2005 2008 Pawtucket 2002
2005
2008 Portsmouth 2001
2004 2007 Coventry 2001
2004 2007 Providence 2003
2006 2009 Foster 2002
2005
2008 Middletown 2002
2005
2008 Little Compton 2003
2006
2009 Scituate 2003
2006
2009 Westerly 2003
2006
2009 West Greenwich 2004
2007
2010 Glocester 2004
2007
2010 Richmond 2004
2007
2010 Bristol 2004
2007
2010 Tiverton 2005
2008
2011 Newport 2005
2008
2011 New Shoreham 2006
2009
2012 Narragansett 2005
2008
2011 Exeter 2005
2008
2011 Hopkinton 2007
2010
2013 Lincoln 2006
2009
2012 South Kingstown 2006
2009
2012 Smithfield 2006
2009
2012 West Warwick 2006
2009
2012 Johnston 2006
2009
2012 Burrillville 2006
2009
2012 North Smithfield 2006
2009
2012 Central Falls 2006
2009
2012 North Kingstown 2006
2009
2012 Jamestown 2006
2009
2012 North Providence 2007
2010
2013 Cumberland 2007
2010
2013 Charlestown 2007
2010
2013 East Greenwich 2008
2011
2014 Cranston 2008
2011
2014 Barrington 2008
2011
2014 Warwick 2009
2012
2015 Warren 2009
2012
2015 East Providence 2009 2012
2015 (ii) The
implementation date for the schedule is December 31st of the stated year.
Upon the completion of the update and revaluation according to this schedule,
each city and town shall conduct a revaluation within nine (9) years of the
date of the prior revaluation and shall conduct an update of real property
every three (3) years from the last revaluation. (b) No
later than February 1, 1998, the director of the department of
(1) An analysis of sales;
(2) A rebuilding of land value tables;
(3) A rebuilding of cost tables of all improvement items; and
(4) A rebuilding of depreciation schedules. Upon
completion of an update, each city or town shall provide for a hearing and/or
appeal process for any aggrieved person to address any issue, which arose
during the update. |
|
570) |
Section |
Amending Chapter Numbers: |
|
|
44-5-13.1 |
98 and 145 |
|
|
|
44-5-13.1.
Duties of assessors with respect to forms ---The assessors shall utilize all forms
adopted in accordance with forms prepared by the department of |
|
571) |
Section |
Amending Chapter Numbers: |
|
|
44-5-13.2 |
81 and 212 |
|
|
|
44-5-13.2.
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
(c) Not later than ninety (90) days after receipt by the assessor of the
notice from the building (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
town of |
|
572) |
Section |
Amending Chapter Numbers: |
|
|
44-5-20.02 |
98 and 145 |
|
|
|
44-5-20.02.
Central Falls -- Property tax classification -- List of ratable property --- (a) On or before June 1, except in 1990, in which
case the time is thirty (30) days after June 1, 1990, the assessor in the city
of Central Falls, after certification for classification, shall submit to the
director of (1)
"Class 1" includes: (i)
Residential property which is property used or held for human habitation
containing one or more dwelling units including rooming houses and mobile
homes with facilities designed and used for living, sleeping, cooking, and
eating on a non-transient basis. This property includes accessory land,
buildings, or improvements incidental to the habitation
and used exclusively by the residents of the property or their guests. This
property does not include a hotel, motel, commercial or industrial property. (ii)
Open space including "farm", "forest", and "open
space land" as defined in
accordance with § 44-27-2. (2)
"Class 2" includes: (i)
Personal property, previously subject to tax, includes all goods, chattels,
and effects, wherever they may be, except those that are exempt from taxation
by the laws of the United States or of this state; and (ii) Every vehicle and trailer registered
under chapter 3 of title 31. (3)
"Class 3" includes property used commercially or for industrial
manufacturing. (b) The city of |
|
573) |
Section |
Amending Chapter Numbers: |
|
|
44-5-20.5 |
98 and 145 |
|
|
|
44-5-20.5.
Pawtucket -- Property tax classification -- Procedures for adopting--- (a) When the city of Pawtucket has
been certified by the director of |
|
574) |
Section |
Amending Chapter Numbers: |
|
|
44-5-26 |
98 and 145 |
|
|
|
44-5-26.
Petition in superior court for relief from assessment---(a) Any person aggrieved on any ground whatsoever by
any assessment of taxes against him or her in any city or town, or any tenant
or group of tenants, of real estate paying rent therefrom, and under obligation
to pay more than one-half of the taxes thereon, may within ninety (90) days
from the date the first tax payment is due, file an appeal in the local
office of tax assessment; provided, if the person to whom a tax on real
estate is assessed chooses to file an appeal, the appeal filed by a tenant or
group of tenants will be void. For the purposes of this section, the
tenant(s) has the burden of proving financial responsibility to pay more than
one-half (1/2) of the taxes. The assessor has forty-five (45) days to review
the appeal, render a decision and notify the taxpayer of the decision. The
taxpayer, if still aggrieved, may appeal the decision of the tax assessor to
the local tax board of review,
or in the event that the assessor does not render a decision, the taxpayer
may appeal to the local tax board of review at the expiration of the
forty-five (45) day period. Appeals to the local tax board of review are to
be filed not more than thirty (30) days after the assessor renders a decision
and notifies the taxpayer, or if the assessor does not render a decision
within forty-five (45) days of the filing of the appeal, not more than ninety
(90) days after the expiration of the forty-five (45) day period. The local
tax board of review shall, within ninety (90) days of the filing of the
appeal, hear the appeal and render a decision within thirty (30) days of the
date that the hearing was held. Provided, that a city or town may request and
receive an extension from the director of the |
|
575) |
Section |
Amending Chapter Numbers: |
|
|
44-5-38 |
98 and 145 |
|
|
|
44-5-38.
Rate of levy against tangible personal property consisting of manufacturing
machinery and equipment acquired or used by a manufacturer---Tangible personal property consisting of manufacturing
machinery and equipment acquired, owned, or used by a manufacturer is subject
to taxation at a uniform rate of assessment not to exceed fifty percent (50%)
of the full and fair cash value of the property. The levy and assessment of
the tax upon the manufacturer's manufacturing machinery and equipment is
subject to, and limited to, the following:
(1) (i) Assessment and levy on manufacturer's machinery and equipment.
In assessing the valuation of the property and apportioning the levy of the
tax on December 31, 1968, the assessors in the several cities and towns shall
not exceed seventy-five percent (75%) of the total adjusted levy on the
machinery, equipment, and inventories of all manufacturers of the city or
town as established by the division of local and metropolitan government
using the levy based on the assessment of the city or town as of December 31,
1966. In apportioning the levy as established in this subdivision, the
assessor may add to the total adjusted levy, the increase in levy on
manufacturer's machinery, equipment, and inventory occasioned by manufacturers
found to be operating but not taxed in the city or town as of December 31,
1966, or who have located in the city or town since that date. (ii) In
apportioning the levy of the tax on manufacturers' machinery and equipment
within a city or town for fiscal years ending after December 31, 1969, the
assessors of any city or town shall apportion the levy of the tax in an
amount not to exceed one hundred three and one-half percent (103.5%) of the
total adjusted levy on manufacturer's machinery and equipment for the next
prior fiscal year. In apportioning the levy of the tax, as provided in this
subdivision, the assessors of any city or town may add to the total adjusted
levy for the next prior fiscal year, the increase in levy on manufacturer's
machinery and equipment occasioned by manufacturers who have located or who
have increased investment within the meaning of subdivision (3) in the city
or town since the date of the next prior assessment. (2)
(i) Assessment and levy on individual manufacturers. In assessing the
valuation of the property and apportioning the levy of the tax on December
31, 1968, the assessors of the several cities and towns shall not exceed
seventy-three and one-half percent (73.5%) of the adjusted levy of the tax on
the machinery, equipment, and inventory of any manufacturer of the city or
town for the next prior year. If the application of the preceding provision
results in the total tax levy thus obtained on manufacturers' machinery and
equipment of a city or town for the year for which the date of assessment of
valuations was December 31, 1968, as the assessment of valuations is established
under the provisions of the first paragraph of this section, being less in
amount than the amount of the total adjusted levy as computed in accordance
with the seventy-five percent (75%) limitation prescribed under the
provisions of paragraph (1)(i) of this section, the assessor of the city or
town, for the purpose of bringing the total levy on the machinery and
equipment to an amount not exceeding the amount of the total adjusted levy as
computed by the seventy-five percent (75%) limitation, may apply the amount
of the total adjusted tax levy, as was thus limited and computed under the
provisions of paragraph (1)(i) of this section, to the total assessed valuation
as of December 31, 1968, as the valuation is established under the provisions
of the first paragraph of this section, on the machinery and equipment of all
manufacturers of the city or town, and apply the resulting classified tax
rate to the assessed valuations as of December 31, 1968, on the machinery and
equipment of each manufacturer of the city or town. (ii) In
assessing the valuation of the property and apportioning the levy of the tax
for fiscal years ending after December 31, 1969, the assessors of the several
cities and towns shall not exceed one hundred five percent (105%) of the
adjusted levy of the tax on the machinery and equipment of any manufacturer
for the next prior fiscal year. (3) As
to the property constituting an increase in investment, the limitations fixed
in subdivisions (1) and (2) of this section do not apply to that portion of
the tax levy on a manufacturer derived from a substantial increase in
investment in additional machinery and equipment
or that portion of the tax levy applicable to the property not previously
taxed in the city or town. For the purposes of this section,
"substantial" means an investment in any one year equal to at least
fifteen percent (15%) of the sum of net book value plus accumulated reserves
for depreciation of other machinery and equipment of the manufacturer within
the city or town. (4) When
a city or town has completed a revaluation of all ratable property by
independent professional appraisers since December 31, 1966, the assessor of
the city or town shall, in applying the preceding limitations, employ the
levy and assessment made for the fiscal year
immediately following the completion of the revaluation in lieu of the base
established as previously established by the division of local and
metropolitan government; provided, that a base year later than a fiscal year
commencing in 1969 is not employed. (5) Nothing
in this section affects any agreement for the stabilization or exemption of
local taxes entered into under the provisions of § 44-3-9; provided, that any
agreement may be modified to take into account the effect of § 44-11-2 by the
city or town council and the manufacturer
without the necessity of meeting the criteria and complying with the
procedures established in § 44-3-9. Upon the expiration of any existing
agreement, the tax on the property consisting of manufacturers' machinery,
equipment, and inventory formerly stabilized or exempted under the agreement
shall be based upon a new assessment complying with all the terms of this
section. (6) Each
city or town has the option of using its general property tax rate in
computing its levy on machinery and equipment of manufacturers or any
separate rate, which it deems appropriate subject to the restrictions
established in this section. (7)(i) In
order to assess accurately the impact of the provisions of this section upon
the several cities and towns and to provide necessary information for that
purpose, each manufacturer subject to taxation in any city or town shall
submit to the division of local and metropolitan government on or before
October 1, 1966, a declaration report on the value of machinery and equipment
for each city or town in which the manufacturer is located; the declaration
reports shall be submitted on a form designed and furnished by the division
and shall provide for inclusion of the net book value and the accumulated
reserve for depreciation of machinery and equipment subject to local
taxation, all as reported in the manufacturers' most recent Rhode Island
corporate tax return. The declaration report shall cover the most recent
fiscal year of the taxpayer for which the due date for the filing of a
corporate tax return with the tax administrator is prior to the date
prescribed in this section for filing the report; provided, that where a
manufacturer files a corporate tax return with the tax administrator on or
prior to the date of October 1 for the fiscal year, the manufacturer shall
file the declaration report on or before October 1. (ii) On
or before October 1, 1968, and annually thereafter, each manufacturer shall
file with the office of the assessor of the city or town in which the
property is situated, a declaration report, as described in paragraph (1)(i) of
this section, on a form prescribed by the department of (iii) Failure
to submit a declaration report to either the department of successive
year to file the declaration report it is subject to a penalty not to exceed
fifty percent (50%) of the tax on its machinery and equipment, payable as
prescribed; for subsequent successive years, failure to file the declaration
report subjects the manufacturing establishment to a penalty not to exceed
fifty percent (50%) of its tax on machinery and equipment, payable as
prescribed. As to any manufacturer failing to file a declaration report with
the local assessor as required in this section, the limitation of paragraph
(2)(ii) of this section shall not take effect until the assessment date next
following the date upon which the manufacturer first files a report with the
assessor. In lieu of the declaration report, any manufacturer subject to
taxation for the first time in any city or town of this state shall submit
the information that is necessary to establish its initial tax base and, in
subsequent years, shall file the declaration report. (8) In
any case where the assessor of any city or town has reason to doubt the
veracity of the contents of any declaration report so filed, the report may
be submitted to the department of (9) A
manufacturer who stores or keeps on hand raw materials, work in process, and
his or her finished products in a storage place (as distinguished from
finished products which he or she holds for retail sale in any retail
establishment operated by him or her) in a city or town other than that in
which his or her manufacturing plant is located shall file on or before March
15, 1969, and annually thereafter on or before each succeeding March 15, an
inventory report on a form prescribed and furnished by the department of requirement
for filing the reports by publication in a newspaper of general circulation
in the city or town during the month of January, 1969, and during the same
month in each year thereafter. The report shall contain a true account of the
raw materials, work in process, and finished products that were manufactured
by him or her in this state as well as any other merchandise owned or
possessed by him or her in the city or town on December 31 next preceding the
date specified for the filing of the inventory report. The report must
describe and specify the value of the raw materials, work in process, and
finished products that were manufactured as already stated and also the value
of all other merchandise stored in the city or town. Any manufacturer who
fails or refuses to file any inventory report at the time and in the manner
prescribed in this section is deemed to have waived the tax exemption
provided for on the raw materials, work in process, and finished products
thus stored, whereupon, and notwithstanding the provisions of § 44-3-3(20),
the property is subject to taxation like all other taxable property. The
provisions of this subdivision shall not be construed to repeal § 44-5-15 or
to limit the application of its provisions. (10)
A manufacturer who operates storage facilities for the storage of his raw
materials, work in process, and finished products in a city or town other
than that in which his or her manufacturing plant is located shall set forth
in the declaration report, as and in the manner prescribed
in subdivision (7) of this section to be filed with the assessor of the city
or town where the storage facilities are located, any machinery and equipment
owned or possessed by him or her which is situated in or upon the storage
facilities for use in the operation of the storage facilities, or held there
for use in the operation of the manufacturing plant. (11)
The restrictions contained in this chapter shall not apply to the portion of
the tax, if any, assessed by the city or town for the purpose of paying the
indebtedness of the city or town and the indebtedness of the state or any
political subdivision of the state to the extent assessed upon
or apportioned to the city or town, and the interest thereon; and for
appropriation to any sinking fund of the city or town (which portion of the
tax is paid in full). (12)
Any person who hires a person from public supported programs for persons with
disabilities and rehabilitated, shall receive a five hundred dollar ($500)
credit per person hired; provided, that the number of the persons increases
the number of full-time employees by three percent (3%) of the total numbers
of persons employed the previous year. (13)
For purposes of this subdivision, in determining the total amount of the tax
levy on manufacturing machinery and equipment owned or used by a manufacturer
on December 31, 1973, the assessors in the several cities and towns shall not
exceed ninety percent (90%) of the levy on the class of property made as of
December 31, 1972; thereafter annually commencing in 1974 on December 31, the
assessors shall reduce the levy on the class of property whether or not
acquired subsequent to December 31, 1972, except as provided in this section,
as follows: to eighty percent (80%) of the December 31, 1972, levy on
December 31, 1974; to seventy percent (70%) of the December 31, 1972, levy on
December 31, 1975; to sixty percent (60%) of the December 31, 1972, levy on
December 31, 1976; to fifty percent (50%) of the December 31, 1972, levy on
December 31, 1977; to forty percent (40%) of the December 31, 1972, levy on
December 31, 1978; to thirty percent (30%) of the December 31, 1972, levy on
December 31, 1979; to twenty percent (20%) of the December 31, 1972, levy on
December 31, 1980; to ten percent (10%) of the December 31, 1972, levy on
December 31, 1981 and to continue at ten percent (10%) of the December 31,
1972, levy on December 31, 1982; and to five percent (5%) of the December 31,
1972, levy on December 31, 1983; and thereafter the property is exempt from
taxation. |
|
576) |
Section |
Amending Chapter Numbers: |
|
|
44-5-43 |
98 and 145 |
|
|
|
44-5-43.
Definitions --- As used in this chapter,
the following terms are defined as follows: (1) "Assessment
ratio study" means the process of comparing, on a sampling basis, the
current market values of properties to their assessed valuations, and of
applying statistical procedures to determine assessment levels and to measure
the nonuniformity of assessments. (2) "Department"
means the department of (3) "Russell
index of inequality" is that percentage obtained from the relation
between the average absolute deviation of assessment ratios and the average
ratio of assessment, and formulated as follows: Average
absolute deviation of assessment ratios divided by the average assessment
ratio = Russell index of inequality. |
|
577) |
Section |
Amending Chapter Numbers: |
|
|
44-5-44 |
98 and 145 |
|
|
|
44-5-44.
Collection and publication of property tax data---(a) The department of (b) The
department of |
|
578) |
Section |
Amending Chapter Numbers: |
|
|
44-5-48 |
98 and 145 |
|
|
|
44-5-48. Municipal
revaluation – Registration. – All persons, firms, partnerships, corporations, or other business
entities seeking to perform a municipal revaluation as is described in §
44-5-11.6 shall first register with the department of |
|
579) |
Section |
Amending Chapter Numbers: |
|
|
44-5-49 |
98 and 145 |
|
|
|
44-5-49. Municipal
revaluation – Rules and regulations – Investigation. – The director of the department of ability to perform
the service of revaluation. |
|
580) |
Section |
Amending Chapter Numbers: |
|
|
44-5-50 |
98 and 145 |
|
|
|
44-5-50. Contract
for revaluation – Certified copy. – Within
ten (10) days after execution of a contract for revaluation as described in §
44-5-11.6, the city or town clerk shall submit a duly authorized and
certified copy of the contract to the department of revenue. |
|
581) |
Section |
Amending Chapter Numbers: |
|
|
44-5-67.3 |
117 and 473 |
|
|
|
44-5-67.3.
(b) The adjusted assessment is applicable with respect to the parcel from the
date demolition, removal, and grading are completed, as determined by the
building inspector, until the thirty-first (31st) day of December next
succeeding.
(c) This section is not applicable in the event of natural disasters such as,
but not limited to, erosion or demolition resulting from floods or
hurricanes.
(d) This section applies only to assessments and taxes in the city of |
|
582) |
Section |
Amending Chapter Numbers: |
|
|
44-5-69 |
98 and 145 |
|
|
|
44-5-69. Local
fire districts – Publication of property tax data. – Every fire district authorized to assess
and collect taxes on real and personal property in the several cities and
towns in the state shall provide to the division of property valuation and
municipal finance in the department of revenue information on tax rates,
budgets, assessed valuations and other pertinent data upon forms provided by
the |
|
583) |
Section |
Adding Chapter Numbers: |
|
|
44-5-81 |
272 and 325 |
|
|
|
44-5-81. |
|
584) |
Section |
Amending Chapter Numbers: |
|
|
44-7-7.1 |
98 and 145 |
|
|
|
44-7-7.1.
Taxpayer information --- (a) When
a municipality issues a property tax bill to each taxpayer, each bill shall state
the amount by which the taxpayer's rate of tax has been reduced by the
distribution of state municipal revenue sharing and state aid for education.
The bill shall also state the total amount of state municipal revenue sharing
and state aid for education received by the municipality from the state. The
statement shall read as follows: Total Amount______________ Tax rate reduced by___________ (b) The
director of |
|
585) |
Section |
Chapter Numbers: |
|
|
44-13-7 |
98 and 145 |
|
|
|
44-13-7.
Extension of time for filing of returns ---The tax administrator may grant a reasonable extension of time for
filing returns, under rules and regulations as he or she shall prescribe,
with the approval of the director of |
|
586) |
Section |
Amending Chapter Numbers: |
|
|
44-13-8 |
98 and 145 |
|
|
|
44-13-8.
Statements, returns, and rules and regulations ---(a) Every corporation shall render
statements, make returns, and comply with rules and regulations as the tax
administrator, with the approval of the director of |
|
587) |
Section |
Amending Chapter Numbers: |
|
|
44-13-13 |
98 and 145 |
|
|
|
44-13-13.
Taxation of certain tangible personal property.---The lines, cables, conduits, ducts, pipes, machines and
machinery, equipment, and other tangible personal property within this state
of telegraph, cable, and telecommunications corporations and express corporations,
used exclusively in the carrying on of the business of the corporation shall
be exempt from local taxation; provided, that nothing in this section shall
be construed to exempt any "community antenna television system
company" (CATV) from local taxation; and provided, that the tangible
personal property of companies exempted from local taxation by the provisions
of this section shall be subject to taxation in the following manner: (1)
Definitions. Whenever used in this section and in §§ 44-13-13.1 and
44-13-13.2, unless the context otherwise requires:
(i) "Average assessment ratio" means the total assessed valuation
as certified on tax rolls for the reference year divided by the full market
value of the valuation as computed by the Rhode Island department of (ii)
"Average property tax rate" means the statewide total property levy
divided by the statewide total assessed valuation as certified on tax rolls for
the most recent tax year; (iii)
"Company" means any telegraph, cable, telecommunications, or
express company doing business within the state of (iv)
"Department" means the department of (v)
"Population" shall mean the population as determined by the most
recent census; (vi)
"Reference year" means the calendar year two (2) years prior to the
calendar year preceding that in which the tax payment provided for by this
section is levied; (vii)
"Value of tangible personal property" of companies means the net
book value of tangible personal property of each company doing business in
this state as computed by the department of depreciation;
provided, that no tangible personal property shall be depreciated more than
seventy-five percent (75%) of its original cost. (2) On
or before March 1 of each year, each company shall declare to the department,
on forms provided by the department, the value of its tangible personal
property in the state of (3) On
or before April 1, 1982 and each April 1 thereafter of each year, the
division of property valuation shall certify to the tax administrator the
average property tax rate, the average assessment ratio, and the value of
tangible personal property of each company. (4) The
tax administrator shall apply the average assessment ratio and the average
tax rate to the value of tangible personal property of each company and, by
April 15 of each year, shall notify the companies of the amount of tax due. (5) The
tax shall be due and payable within sixty (60) days of the mailing of the
notice by the tax administrator. If the entire tax is not paid to the tax
administrator when due, there shall be added to the unpaid portion of the
tax, and made a part of the tax, interest at the rate provided for in §
44-1-7 from the date the tax was due until the date of the payment. The amount
of any tax, including interest, imposed by this section shall be a debt due
from the company to the state, shall be recoverable at law in the same manner
as other debts, and shall, until collected, constitute a lien upon all the
company's property located in this state. (6) The
proceeds from the tax shall be allocated in the following manner: (i) Payment
of reasonable administrative expenses incurred by the department of (ii) The
remainder of the proceeds shall be deposited in a restricted revenue account
and shall be apportioned to the cities and towns within this state on the
basis of the ratio of the city or town population to the population of the
state as a whole. Estimated revenues shall be distributed to cities and towns
by July 30 and may be recorded as a receivable by each city and town for the
prior fiscal year. |
|
588) |
Section |
Amending Chapter Numbers: |
|
|
44-13.1-2 |
98 and 145 |
|
|
|
44-13.1-2.
Assessment of amounts of tax and payments to cities and towns and fire
districts --- (a) Cities and
towns and fire districts shall assess the property described in §
44-13.1-1(b) [repealed] and shall apply a tax rate to the assessed value in a
manner consistent with property subject to taxation under the provisions of
§§ 44-5-1 -- 44-5-22. (b) The
amount of the tax on the property computed shall be submitted on or before
October 1, 1985, and each year thereafter to the state budget offices.
(c) The state budget offices shall include the amount of the tax in the
state budget for the next fiscal year, and the General Assembly shall
annually appropriate to the several cities and towns and fire districts any
sum that may be necessary to carry out the purposes of this section. (d) Distribution
of the appropriations and receipts as referenced in § 44-13.1-3 shall be made
by the state on or before July 31 of 1986 and each year thereafter and the
payments may be counted as a receivable by any city or town or fire district
for a fiscal year ending the preceding June 30. (e) The
state of |
|
589) |
Section |
Amending Chapter Numbers: |
|
|
44-14-2 |
98 and 145 |
|
|
|
44-14-2.
Definitions ---For the purposes of this chapter: (1) "Administrator"
means the tax administrator in the department of (2) "Banking
institution" means every state bank, federal savings bank, trust
company, national banking association, mutual savings bank, building and loan
association, and loan and investment company, but shall not include a credit
union, or a corporation specified in § 44-11-1(1)(vii); (3) "Director"
means the head of the department of (4) "Income
period" means the calendar year or the fiscal year, or portion, next
preceding the taxable year; (5) "Securities"
includes, but shall not be limited to: (i) Shares
of stock or certificates of beneficial interest, or rights to buy the shares
or certificates, of a corporation, joint-stock company, association, or
business trust; (ii) Bonds,
debentures, notes, certificates, or other evidences of indebtedness of any
individual, partnership, corporation, joint-stock company, association, or
business trust, including those issued by the United States government or any
state, or political subdivision of either, or issued by any foreign country
or nation or political subdivision thereof; (6) "Taxable
year" means the calendar year in which the tax is payable or fiscal year
ending during that calendar year, upon the basis of which the tax is computed
under this chapter. "Taxable year" means, in the case of a return
made for a fractional part of the year under provisions of this chapter or
under regulations prescribed by the tax administrator, the period for which
the return is made. The term "fiscal year" means an accounting
period of twelve (12) months ending on the last day of any month other than
December. The taxable year of a banking institution shall be the same for
purposes of this chapter as it is for federal income tax purposes; (7) "Taxpayer"
means any banking institution subject to any tax imposed by this chapter. |
|
590) |
Section |
Amending Chapter Numbers: |
|
|
44-14-7 |
98 and 145 |
|
|
|
44-14-7.
Extension of time for return ---The tax administrator may grant a reasonable extension of time for
filing returns, under rules and regulations as the tax administrator shall
prescribe, with the approval of the director of the department of |
|
591) |
Section |
Amending Chapter Numbers: |
|
|
44-14-8 |
98 and 145 |
|
|
|
44-14-8.
Statements, returns, and rules and regulations ---Every taxpayer shall render statements,
make returns, and comply with rules and regulations as the tax administrator,
with the approval of the director of the department of |
|
592) |
Section |
Amending Chapter Numbers: |
|
|
44-15-17 |
98 and 145 |
|
|
|
44-15-17. Rules
and regulations ---The tax
administrator, with the approval of the director of |
|
593) |
Section |
Amending Chapter Numbers: |
|
|
44-20-52 |
98 and 145 |
|
|
|
44-20-52.
Exercise of powers and duties ---Whenever in this chapter any reference is made to any power or duty
of the tax administrator, or controller, the reference is construed to mean that
the power or duty shall be exercised by the tax administrator, or controller,
or by the authorized agent of the officer, under the supervision and
direction of the director of |
|
594) |
Section |
Amending Chapter Numbers: |
|
|
44-23-44 |
98 and 145 |
|
|
|
44-23-44.
Exercise of statutory power --Whenever
in this chapter or chapter 22 of this title any reference is made to any power
or duty of the tax administrator, the reference shall be construed to mean
that the power or duty is exercised by the tax administrator or by his or her
authorized agent,
under the supervision and direction of the director of |
|
595) |
Section |
Amending Chapter Numbers: |
|
|
44-27-8 |
98 and 145 |
|
|
|
44-27-8. |
|
596) |
Section |
Amending Chapter Numbers: |
|
|
44-29-10 |
98 and 145 |
|
|
|
44-29-10.
Payment of refunds. --
All moneys received by the tax administrator under this chapter shall be paid
over to the general treasurer. Whenever the tax administrator determines that
any seller is entitled to a refund of any moneys paid by the seller under the
provisions of this chapter, or whenever a court of competent jurisdiction
orders a refund of any paid moneys, the general treasurer shall, upon
certification by the tax administrator and with the approval of the director
of the department of |
|
597) |
Section |
Amending Chapter Numbers: |
|
|
44-30.1-1 |
98 and 145 |
|
|
|
44-30.1-1. Definitions. --
(a) "Benefit overpayments and interest owed" means any amount
in excess of five hundred dollars ($ 500) determined to be recoverable under
the provisions of chapters 39 -- 44 of title
28. (b) "Cash
assistance benefit overpayments" means any amount of cash assistance
benefits which constitutes an overpayment of benefits under the provisions of
the Family Independence Act, chapter 5.1 of title 40, and/or the predecessor
family assistance program, formerly known as the Aid to Families With
Dependent Children program, as previously established by § 40-6-4, which
overpayment amount has been established by court order, by administrative
hearing conducted by the department of human services, or by written agreement
between the department of human services and the individual. (c) "Claimant
agency" means either: (1) The
department of human services, with respect (1) to past-due support which has
been assigned to the department of human services by public assistance and
medical assistance recipients or by the department for children, youth and
families, (2) past-due support which it is attempting to collect on behalf of
any individual not eligible as a public assistance recipient, and (3) cash
assistance benefit overpayments, as defined herein; or (2)
(i) The Rhode Island higher education assistance authority (RIHEAA),
with respect to obligations owed to that agency or to the state of Rhode
Island by reason of default or failure to pay student loans, health
professions contract advances or scholarships or grant over-awards, or
(ii) The Rhode Island higher education assistance authority (RIHEAA),
acting as agent for the United States Department of Education or other
student loan guarantee agencies in other states which have negotiated a
reciprocal arrangement with the RIHEAA for the setoff of refunds of personal
income taxes against defaulted loan obligations. (3) The
Rhode Island court administrative office, with respect to court costs, fines,
and restitution owed; or (4) The
department of labor and training with respect to benefit overpayments and
interest owed in excess of five hundred dollars ($ 500). (d) "Court
costs owed" means any fines, fees, and/or court costs which have been assessed
pursuant to a criminal disposition by a judge of the district, family and
superior courts, including, but not limited to, those amounts assessed
pursuant to chapters 20 and 25 of title 12 and those amounts assessed
pursuant to title 31, including also those fines, fees, and/or court costs
assessed by the traffic tribunal or municipal court associated with motor
vehicle violations which have
not been paid and which have been declared delinquent by the administrative
judge of the court making the assessment. (e) "Debtor"
means: (1) Any
individual who owes past-due support which has been assigned to the
department of human services by public assistance and medical assistance
recipients or by the department of children, youth and families, or owes past
due support to any individual not eligible as a public assistance recipient; (2) Any
individual who has obligations owed to RIHEAA or the state of Rhode Island,
the United States Department of Education or other states and agencies that
have negotiated reciprocal agreements with RIHEAA; (3) Any
individual who owes fines, fees, and/or court costs to the superior, family,
district courts and the traffic tribunal and municipal court associated with
motor vehicle violations; (4) Any individual who owes
restitution to any victim of any offense which has been ordered by a judge of
the district, family and superior courts pursuant to a disposition in a
criminal case and which has been made payable through the administrative
office of state courts pursuant to § 12-19-34 except that obligations
discharged in bankruptcy shall not be included; (5) Any individual who owes any sum
in excess of five hundred dollars ($ 500) for benefit overpayments and
interest to the department of labor and training determined to be recoverable
under the provisions of chapters 39-44 of title 28. (6) Any
individual who owes any sum of cash assistance benefit overpayments to the
department of human services. (f) "Division" means the
department of division
of taxation. (g) "Fines
owed" means any fines, fees, and/or court costs which have been ordered
paid as a penalty in a criminal case by a judge of the district, family and
superior courts and those fines, fees, and/or court costs ordered paid by the
traffic tribunal or municipal court for motor vehicle violations as described
in § 31-41.1-4 which have not been paid and which have been declared
delinquent by the administrative judge of the court making the assessment.
(h) "Obligation owed" means the total amount owed by any
individual on: (1) Any
guaranteed student loan or parent loan for undergraduate students for which
RIHEAA has had to pay the guarantee, or for which RIHEAA is acting as agent
on behalf of the United States Department of Education or other state
cooperating agencies which have had to pay a guarantee, (2) Any
contract fee advanced by either RIHEAA or the state of Rhode Island on behalf
of any individual participating in a health professions educational program
for which payment has not been made according to the terms of the contract,
and (3) Any
amount of scholarship or grant funds which constitutes an over-award, whether
due to error or to the submission of false information, and for which
repayment has been demanded by the agency, but which has not been paid. (i) "Past-due
support" means the amount of court-ordered child support or maintenance,
child medical support or a spousal support order for a custodial parent
having custody of a minor child, which is overdue or otherwise in arrears,
regardless of whether there is an outstanding judgment for that amount, and
whether the order for the support or maintenance has been established by a
court or by an administrative process authorized under the laws of any state. (j) "Refund"
means the (k) "Restitution
owed" means any amount which has been ordered paid pursuant to a
criminal case disposition by a judge of the district, family and superior
courts pursuant to chapter 19 of title 12, which has not been paid and which
has been declared delinquent by the administrative judge of the court making the assessment. |
|
598) |
Section |
Amending Chapter Numbers: |
|
|
44-30.2-1 |
98 and 145 |
|
|
|
44-30.2-1.
Reciprocity board ---There is
established a reciprocity board, referred to as "the board". The
board shall be composed of three (3) members, consisting of the tax administrator,
division of taxation, within the department of assistant or employee is entitled to participate in the discussions
and proceedings of the board, but he or she is not entitled to vote. |
|
599) |
Section |
Adding Chapter Numbers: |
|
|
44-31.2-6.1 |
165 and 173 |
|
|
|
44-31.2-6.1.
Impact analysis and periodic reporting. --
(a) The film office shall not certify or approve any application under
section 44-31.2-6 of this chapter until it has first prepared and publicly released
an analysis of the impact the proposed investment will or may have
on the state. The analysis shall be supported by appropriate data and
documentation and shall consider, but not be limited to, the following
factors: (i)
The impact on the industry or industries in which the applicant will be
involved; (ii)
State fiscal matters, including the state budget (revenues and expenses); (iii)
The financial exposure of the taxpayers of the state under the plans for the
proposed investment and negative foreseeable contingencies that may arise
therefrom; (iv)
The approximate number of full-time, part-time, temporary, seasonal and/or
permanent jobs projected to be created, construction and non-construction; (v)
Identification of geographic sources of the staffing for identified jobs; (vi)
The projected duration of the identified construction jobs; (vii)
The approximate wage rates for each category of the identified jobs; (viii)
The types of fringe benefits to be provided with the identified jobs,
including healthcare insurance and any retirement benefits; (ix)
The projected fiscal impact on increased personal income taxes to the state
of (x)
The description of any plan or process intended to stimulate hiring from the
host community, training of employees or potential employees, and outreach to
minority job applicants and minority businesses. (b)
The film office shall monitor every impact analysis it completes through the
duration of any approved tax credit. Such monitoring shall include annual
reports made available to the public on the: (1)
Actual versus projected impact for all considered factors; and (2)
Verification of all commitments made in consideration of state incentives or
aid. (c)
Upon its preparation and release of the analysis required by subsection (b)
of this section, the film office shall provide copies of that analysis to the
chairpersons of the house and senate finance committees, the house and senate
fiscal advisors, the department of labor and training and the division of
taxation. Any such analysis shall be available to the public for inspection
by any person and shall by published by the tax administrator on the tax
division website. Annually thereafter, through and including the second tax
year after any taxpayer has applied for and received a tax credit pursuant to
this chapter, the department of labor and training shall certify to the
chairpersons of the house and senate finance committees, the house and senate
fiscal advisors, the corporation and the division of taxation that: (i) the
actual number of new full-time jobs with benefits created by the
state-certified production, not including construction jobs, is on target to meet
or exceed the estimated number of new jobs identified in the analysis above,
and (ii) the actual number of existing full-time jobs with benefits has not
declined. For purposes of this section, “full-time jobs with benefits” means
jobs that require working a minimum
of thirty (30) hours per week within the state, with a median wage that
exceeds by five percent (5 %) the median annual wage for full-time jobs in
Rhode Island and within the taxpayer’s industry, with a benefit package that
includes healthcare insurance plus other benefits typical of companies within
the motion picture industry. The department of labor and training shall also
certify annually to the house and senate fiscal committee chairs, the house
and senate fiscal advisors, and the division of taxation that jobs created by
the state-certified production are “new jobs” in the state of Rhode Island,
meaning that the employees of the motion picture production company are in
addition to, and without a reduction of, those employees of the motion
picture production company currently employed in Rhode Island, are not
relocated from another facility of the motion picture production company in
Rhode Island or are employees assumed by the motion picture production
company as the result of a merger or acquisition of a company already located
in Rhode Island. The certifications made by the department of labor and
training shall be available to the public for inspection by any person and
shall be published by the tax administrator on the tax division website. (d)
The film office, with the assistance of the motion picture production
company, the department of labor and training, the department of human
services and the division of taxation shall
provide annually an analysis of whether any of the employees of the motion
picture production company has received RIte Care or RIte Share benefits and
the impact such benefits or assistance may have on the state budget. This
analysis shall be available to the public for inspection by any person and
shall be published by the tax administrator on the tax division website.
Notwithstanding any other provision of law or rule or regulation, the
division of taxation, the department of labor and training and the department
of human services are authorized to present, review and discuss
project-specific tax or employment information or data with the film office,
the chairpersons of the house and senate finance committees, and/or the house
and senate fiscal advisors for the purpose of verification and compliance
with this tax credit reporting requirement. (e)
Any agreements or contracts entered into by the film office and the motion
picture production company shall be sent to the division of taxation and be
available to the public for inspection by any person and shall be published
by the tax administrator on the tax division website. (f)
By August 15th of each year the motion picture production company shall
report the source and amount of any bonds, grants, loans, loan guarantees,
matching funds or tax credits received from any state governmental entity,
state agency or public agency as defined in section 37-2-7 received during
the previous state fiscal year. This annual report shall be sent to the
division of taxation and be available to the public for inspection by any
person and shall be published
by the tax administrator on the tax division website. (g)
By August 15th of each year the division of taxation shall report the name,
address, and amount of tax credit received for each motion picture production
company during the previous state fiscal year to the film office, the
chairpersons of the house and senate finance committees, the house and senate
fiscal advisors, the department of labor and training and the division of
taxation. This report shall be available to the public for inspection by any
person and shall be
published by the tax administrator on the tax division website. |
|
600) |
Section |
Amending Chapter Numbers: |
|
|
44-33.1-5 |
98 and 145 |
|
|
|
44-33.1-5. Form
of application and certification ---The commission shall promulgate all application and certification
forms and guidelines for certified maintenance and rehabilitation. The
commissioner is authorized to establish a schedule of fees for the review of
income tax credit applications. The department of |
|
601) |
Section |
Amending Chapter Numbers: |
|
|
44-33.2-2 |
6 and 7 |
|
|
|
44-33.2-2.
Definitions. -- As used in this chapter:
(1) "Certified historic structure" means a property which is
located in the state of
(i) Listed individually on the National Register of Historic Places; or
(ii) Listed individually in the state register of historic places; or
(iii) Located in a registered historic district and certified by either the commission
or Secretary of the Interior as being of historic significance to the
district.
(2) "Certified rehabilitation" means any rehabilitation of a
certified historic structure consistent with the historic character of such
property or the district in which the property is located as determined by
the commission guidelines.
(3) "Commission" means the
(4) "Exempt from real property tax" means, with respect to any
certified historic structure, that the structure is exempt from taxation
pursuant to section 44-3-3.
(5) "Holding period" means twenty-four (24) months after the
commission issues a certificate of completed work to the owner. In the case
of a rehabilitation which may reasonably be expected to be completed in
phases as described in subdivision (10) of this section, "holding
period" shall be extended to include a period of time beginning on the
date of issuance of a certificate of completed work for the first phase or
phases for which a certificate of completed work is issued and continuing
until the expiration of twenty-four (24) months after the certificate of
completed work issued for the last phase.
(6) "Placed in service" means that substantial rehabilitation work
has been completed which would allow for occupancy of the entire structure or
some identifiable portion of the structure, or the owner has commenced
depreciation of the qualified rehabilitation expenditures, whichever occurs
first.
(7) "Principal residence" means the principal residence of the
owner within the meaning of section 121 of the Internal Revenue Code [26
U.S.C. section 121]or any successor provision.
(8) "Qualified rehabilitation expenditures" means any amounts
expended in the rehabilitation of a certified historic structure properly
capitalized to the building and either: (i) depreciable under the Internal
Revenue Code, 26 U.S.C. section 1 et seq., or (ii) made with respect
to property (other than the principal residence of the owner) held for sale
by the owner. Fees pursuant to section 44-33.2-4(d) are not qualified
rehabilitation expenditures. Notwithstanding the foregoing, except in the
case of a nonprofit corporation, there will be deducted
from qualified rehabilitation expenditures for the purposes of calculating
the tax credit any funds made available to the person (including any entity
specified in section 44-33.2-3(a)) incurring the qualified rehabilitation
expenditures in the form of a direct grant from a federal, state or local
governmental entity or agency or instrumentality of government.
(9) "Registered historic district" means any district listed in the
National Register of Historic Places, or the state register of historic
places. (10)
"Substantial rehabilitation" means, with respect to a certified
historic structure, that the qualified rehabilitation expenses of the
building during the twenty-four (24) month period selected by the taxpayer ending
with or within the taxable year exceed fifty percent (50%) of the adjusted
basis in such building and its structural components as of the beginning of
such period. In the case of any rehabilitation, which may reasonably be
expected to be completed in phases set forth in architectural plans and
specifications completed before the rehabilitation begins, the above
definition shall be applied by substituting "sixty (60) month
period" for "twenty-four (24) month period". |
|
602) |
Section |
Amending Chapter Numbers: |
|
|
44-33.2-3 |
6 and 7 |
|
|
|
44-33.2-3.
Tax credit. -- (a) Any person, firm,
partnership, trust, estate, limited liability company, corporation (whether
for profit or non-profit) or other business entity that incurs qualified rehabilitation
expenditures for the substantial rehabilitation of a property officially recorded
as having applied to be certified as a
certified historic structure prior
to January 1, 2008, and verified by the division of taxation, provided the rehabilitation meets standards consistent
with the standards of the Secretary of the United States Department of the
Interior for rehabilitation as certified by the commission, shall be entitled
to a credit against the taxes imposed on such person or entity pursuant to
chapter 11, 12, 13, 14, 17 or 30 of this title. For certified
historical structures or some identifiable portion of a structure placed in
service prior to January 1, 2008 the credit shall portion
of a structure placed in service after December 31, 2007, the credit shall
not exceed twenty-five percent (25%), twenty-six percent (26%), or
twenty-seven percent (27%) of the qualified rehabilitation expenditures as
contracted between the division of taxation and the person,
firm, partnership, trust, estate, limited liability company, corporation
(whether for profit or non-profit) or other business entity that incurs
qualified rehabilitation expenditures for the substantial rehabilitation of
certified historic structures or some identifiable portion of a structure to
be placed in service after December 31, 2007. (b)
Notwithstanding any provisions of the general laws or regulations adopted
thereunder to the contrary, including, but not limited to, the provisions of
chapter 2 of title 37, the division of taxation
is hereby expressly authorized and empowered to enter into contracts with
persons, firms, partnerships, trusts, estates, limited liability companies,
corporations (whether for profit or non-profit) or other business entities
that incur qualified rehabilitation expenditures for the substantial
rehabilitation of certified historic structures or some identifiable portion
of a structure to be placed in service after December 31, 2007, for the following
purposes, all of which shall be set
forth in more particular detail as follows: (1)
Upon payment of the fees as set forth in this section, the division of
taxation shall, on behalf of the state of Rhode Island, guaranty through a
contract with persons, firms, partnerships, trusts, estates, limited
liability companies, corporations (whether for profit or non-profit) or other
business entities that will incur qualified rehabilitation expenditures for
the substantial rehabilitation of a certified historic structure or some
identifiable portion of a structure to be placed in service after December
31, 2007, the delivery of one hundred percent (100%) of the tax credit in an
amount which is the lesser of: (i) the amount of the tax credit identified in
the contract with
the division of taxation on or before May 15, 2008 in consideration of any
processing fees; or (ii) the actual qualified rehabilitation expenditures
multiplied by the tax credit percentage selected
by the taxpayer on or before May 15, 2008 and any processing fees. The tax
credit and fee shall not exceed the following combinations which shall be
selected by any person, firm, partnership, trust, estate, limited liability
company, corporation (whether for profit or non-profit) or other business
entity that will incur qualified rehabilitation expenditures for the
substantial rehabilitation of certified historic structures or some
identifiable portion of a structure to be placed in service after December
31, 2007: (A)
For an amount of credit not exceeding twenty-five percent (25%) of the
qualified rehabilitation expenditures, the fee shall be an amount equal to
three percent (3%) of the qualified rehabilitation expenditures. (B)
For an amount of credit not exceeding twenty-six percent (26%) of the
qualified rehabilitation expenditures, the fee shall be an amount equal to
four percent (4%) of the qualified rehabilitation expenditures. (C)
For an amount of credit not exceeding twenty-seven percent (27%) of the
qualified rehabilitation expenditures, the fee shall be an amount equal to
five percent (5%) of the qualified rehabilitation expenditures. (D)
As referred to in subsection 44-33.2-4(d), two and one quarter percent
(2.25%) of the qualified rehabilitation expenditures shall be paid by May 15,
2008 with the remaining percent to be paid by March 5, 2009. Payments made
after March 5, 2009 shall accrue interest as set forth in section 44-1-7.
(E) The division of taxation and the Rhode Island historical preservation and
heritage commission shall reconcile tax credits and fees with the persons,
firms, partnerships, trusts, estates, limited liability companies,
corporation (whether for profit or non-profit) or other business entities
contracted with as part of the final project certification. In the event that
the processing fee paid is greater than the amount of actual qualified
rehabilitation expenditures multiplied by the percentage chosen pursuant to
subsection 44-33.2-3(b), the persons, firms, partnerships, trusts, estates,
limited liability companies, corporations (whether for profit or non-profit)
or other business entities that incur qualified rehabilitation expenditures
for the substantial rehabilitation of certified historic structures or some
identifiable portion of a structure to be placed in service after December
31, 2007, shall be refunded such difference, without interest. (F)
Any contract executed pursuant to this chapter by a person, firm,
partnership, trust, estate, limited liability company, corporation (whether
for profit or non-profit) or other business entity that incurs qualified
rehabilitation expenditures for the substantial rehabilitation of certified
historic structures or some identifiable portion of a structure to be placed
in service after December 31, 2007, shall be assignable to: (i) an affiliate
thereof without any consent from the division of taxation or (ii) a person,
firm, partnership, trust, estate, limited liability company, corporation
(whether for profit or non-profit) or other business entity that incurs
qualified rehabilitation expenditures for the substantial rehabilitation of
certified historic structures or some identifiable portion of a structure to
be placed in service after December 31, 2007, with such assignment to be
approved by the division of taxation, which approval shall not be
unreasonably withheld. For purposes of this subsection, "affiliate"
shall be defined as any entity controlling, controlled by or under common
control with such person, firm, partnership, trust, estate, limited liability
company, corporation (whether for profit or non-profit) or other business
entity.
otherwise
imposed pursuant to chapter 11, 12, 13, (other than the tax imposed under
section 44-13-13), 14, 17 or 30 of this title. The assignee may apply the tax
credit against taxes imposed on the assignee until the end of the tenth
(10th) calendar year after the year in which the substantially rehabilitated
property is placed in service or until the full credit assigned is used,
whichever occurs first. Fiscal year assignees may claim the credit until the
expiration of the fiscal year that ends within the tenth (10th) year after
the year in which the substantially rehabilitated property is placed in
service. The assignor shall perfect the transfer by notifying the state of division
of taxation, in writing, within thirty (30) calendar days following the
effective date of the transfer and shall provide any information as may be
required by the division of taxation to administer and carry out the
provisions of this section.
(2) For purposes of this chapter, any assignment or sales proceeds received
by the taxpayer for its assignment or sale of the tax credits allowed
pursuant to this section shall be exempt from this title. If a tax credit is
subsequently recaptured under subsection (e) of this section, revoked or
adjusted, the seller's tax calculation for the year of revocation, recapture,
or adjustment shall be increased by the total amount of the sales proceeds,
without proration, as a modification under chapter 30 of this title. In the
event that the seller is not a natural person, the seller's tax calculation
under chapters 11, 12, 13 (other than with respect to the tax imposed under
section 44-13-13), 14, 17, or 30 of this title, as applicable, for the year
of revocation, recapture, or adjustment, shall be increased by including the
total amount of the sales proceeds without proration.
|
|
603) |
Section |
Amending Chapter Numbers: |
|
|
44-33.2-4 |
6 and 7 |
|
|
|
44-33.2-4.
Administration. -- (a) To claim the tax credit
authorized in this chapter, taxpayers shall apply: (i) to the
commission consistent
with the standards of the Secretary of the United States Department of the
Interior for rehabilitation; and (ii) after completion of the rehabilitation
work
(b) Within ninety (90) days after the commission's and the division of
taxation's receipt of the taxpayer's application requesting certification
for the completed rehabilitation work, (i) the commission shall issue
the taxpayer
(c) No taxpayer may benefit from the provisions of this chapter unless the
owner of the certified historic structure grants a restrictive covenant to
the commission, agreeing that during the holding period no alterations to the
certified historic structure will be made without the commission's approval
and in a manner inconsistent with the standards of the Secretary of the
United States Department of the Interior.
(d) The division of taxation percent
(2.25%) of the qualified rehabilitation expenditures shall be paid by May 15,
2008 with the remaining percent to be paid by March 5, 2009. Payments made
after March 5, 2009 shall accrue interest as set forth in section 44-1-7.
(e) If information comes to the attention of the commission or the
division of taxation at any time up to and including the last day of the
holding period that is materially inconsistent with representations made in
an application, the commission or the division of taxation may deny
the requested certification, (f)
The general assembly hereby finds that the state's fiscal budgetary crisis is
of such a nature to cause immediate peril to the public health, safety or
welfare that any regulations promulgated by the division of taxation or the
Rhode Island historical preservation and heritage commission in furtherance
of this chapter must be promulgated as emergency regulations pursuant to
subsection 42-35-3(b). |
|
604) |
Section |
Adding Chapter Numbers: |
|
|
44-33.2-4.1 |
6, 7 and 100 |
|
|
|
44-33.2-4.1.
Historic preservation tax credit trust fund. – There is hereby created the historic preservation tax
credit trust fund outside of the state general fund for the purpose of
reserving funds for tax credits issued under this section. The assembly may
cause sufficient amounts
to be deposited into the fund equal to the amounts of credits under contract
no later than September 1, 2008. The assembly authorizes the governor to
borrow such funds as necessary to guarantee
all obligations incurred under contracts, subject to the provisions of
chapter 35-18, the public corporation debt management act. The state
controller shall transfer amounts from the fund to the state general revenues
equal to the credits taken by taxpayers as certified by the division of
taxation. All
processing fees collected pursuant to this chapter after June 30, 2008 shall
be deposited in the historic preservation tax credit trust fund and not the
state general fund. |
|
605) |
Section |
Adding Chapter Numbers: |
|
|
44-33.5 |
285 and 361 |
|
|
|
CHAPTER
33.5 |
|
606) |
Section |
Adding Chapter Numbers: |
|
|
44-33.5-1 |
285 and 361 |
|
|
|
44-33.5-1.
Program established. – A
senior resident property tax service credit program is established, beginning
July 1, 2008, to allow qualified senior residents, as determined by the
provisions of this section, to receive limited real estate tax credits in
exchange for services provided to the town of Bristol municipal government,
as described in this chapter. |
|
607) |
Section |
Adding Chapter Numbers: |
|
|
44-33.5-2 |
285 and 361 |
|
|
|
44-33.5-2. Age
and income limits. – Taxpayers
qualifying for a senior resident property tax service credit must be
sixty-five (65) years of age or over by July 1, 2008 to earn property tax
credit relief under this program, reside at the property as a full-time
resident or residents, and have a gross annual income from all sources at or
below the moderate-income level for Bristol County for the previous calendar
year as published by the U.S. Department of Housing and Urban Development for
a two-person household for jointly held property or in the case of a single
person, at or below the published level as aforementioned for a one-person
household. |
|
608) |
Section |
Adding Chapter Numbers: |
|
|
44-33.5-3 |
285 and 361 |
|
|
|
44-33.5-3.
Ownership. – The taxpayer or taxpayers applying
for the senior resident property tax service credit program must be the owner
of or have a life estate interest in the respective real estate to which the
credit will apply. If the property is held in trust, the beneficiary or beneficiaries
of the trust must be the taxpayer or taxpayers applying for the senior
resident property tax service credit program. |
|
609) |
Section |
Adding Chapter Numbers: |
|
|
44-33.5-4 |
285 and 361 |
|
|
|
44-33.5-4. Maximum abatement and hourly
rate. – The maximum
credit taxpayers may earn is five hundred dollars ($500) per fiscal year.
Credit for service will be at the state of |
|
610) |
Section |
Adding Chapter Numbers: |
|
|
44-33.5-5 |
285 and 361 |
|
|
|
44-33.5-5. Personal exemptions and
deferrals. – Taxpayers
may earn tax credits under the service credit program in addition to any property
tax exemptions for which they may be eligible under any provisions of the
general or public law, or town of |
|
611) |
Section |
Adding Chapter Numbers: |
|
|
44-33.5-6 |
285 and 361 |
|
|
|
44-33.5-6. Adoption
of local program rules. – The
|
|
612) |
Section |
Adding Chapter Numbers: |
|
|
44-33.5-7 |
285 and 361 |
|
|
|
44-33.5-7. Certification of service. –
The board, officer or department supervising the senior taxpayer’s service
must certify to the assessor the hours of service performed by the taxpayer
before the actual tax for the fiscal year is committed. The certification
must state the amount actually earned as of that time. Services performed
after that date shall be credited toward the next fiscal year’s actual tax
bill to the extent they are consistent with the program rules established by
the town administrator. A copy of the certification must also be provided to
the senior program participant prior to the actual tax bill being issued. |
|
613) |
Section |
Adding Chapter Numbers: |
|
|
44-33.5-8 |
285 and 361 |
|
|
|
44-33.5-8.
Status of volunteers. – Senior
taxpayers performing services in return for property tax reductions shall be
considered employees for the purposes of municipal tort liability. The town
of |
|
614) |
Section |
Adding Chapter Numbers: |
|
|
44-33.5-9 |
285 and 361 |
|
|
|
44-33.5-9.
Taxation on services prohibited. – In no instance shall the amount by which a person’s property tax
liability is reduced in exchange for the provision of services provided
herein, be considered income, wages or employment for the purposes of
taxation, for the purposes of withholding taxes, for the purposes of
unemployment insurance, for the purposes of workers’ compensation, or any
other applicable provisions of the Rhode Island general laws. |
|
615) |
Section |
Amending Chapter Numbers: |
|
|
44-34-6 |
98 and 145 |
|
|
|
44-34-6.
Fire districts ---The provisions of this chapter
shall apply in all respects in the case of taxes assessed upon motor vehicles
by any fire district. Effective with the year 2000 tax roll based upon values
of December 31, 1999, the authority of fire districts as authorized by general
or public law to levy excise taxes on motor vehicles is eliminated and each
district shall be reimbursed for one hundred percent (100%) of current year
lost revenues based upon what the levy
net of personal exemptions would otherwise have been. That reimbursement
shall be based upon submission of information to the department of All Urban
Consumers (CPI-U). |
|
616) |
Section |
Amending Chapter Numbers: |
|
|
44-34-12 |
98 and 145 |
|
|
|
44-34-12.
Cooperation of state agencies ---The
department of department of |
|
617) |
Section |
Amending Chapter Numbers: |
|
|
44-34.1-3 |
98 and 145 |
|
|
|
44-34.1-3.
Permanent oversight commission ---(a) There
is created a permanent oversight commission on inventory taxes and automobile
excise taxes. The commission shall consist of the following members:
(1) Chairperson of house finance committee, or designee; (2) Chairperson
of senate finance committee, or designee; (3) Chairperson
of the (4) Three
(3) members of the Rhode Island Assessors Association; (5) Director
of department of (6) Chief
of the (7) The
president of the Rhode Island League of Cities and Towns, or designee; (8) The
administrator of the (9) The
mayor of the city of |
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618) |
|
Amending Chapter Numbers: |
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44-35-4 |
98 and 145 |
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44-35-4.
Preparation of the "proposed property tax rate" and "adjusted
current property tax rate"---The director of the department of |
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619) |
Section |
Amending Chapter Numbers: |
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44-35-6 |
98 and 145 |
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44-35-6.
Publication of property tax rates ---At
least ten (10) calendar days prior to the hearing for the purpose of adopting
the town or city budget, the chief elected official in each town or city
shall cause to be published a notice indicating the town's or city's intent
to consider adopting a property tax levy. This notice shall be published in a
newspaper of general circulation in the town or city. However, this notice
may not be placed in that portion of the newspaper where legal notices and
classified advertisements appear. This notice shall constitute notice of
public hearing which may coincide with the hearing on the proposed budget and
shall be by and in the following form:
(CITY, TOWN) of (NAME) NOTICE
OF PROPOSED PROPERTY TAX RATE
CHANGE The
(City, Town) proposes to increase (decrease) its property tax levy to
in the budget year; the
property tax levy this year is________ , THIS IS
A PROPOSED INCREASE (DECREASE)
OF _________ %. It
has been estimated that the proposed increase (decrease) in property tax
revenues will result in a property tax rate of
$_________ (proposed property tax rate) per $ 1,000
assessed valuation,
as compared to the current property tax rate of
$__________ per $ 1,000 assessed valuation. A
property tax rate of $_________ (adjusted current
property tax rate) would be needed in the coming budget year to raise five
and one-half percent (5.5%) more, as an adjustment for increased costs, than
the property tax revenues being raised in the current budget year.
The (City, Town) budget________ will be considered at (date, time,
place). The
above property tax estimates have been computed in a manner approved by the
Rhode Island Department of |
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620) |
Section |
Amending Chapter Numbers: |
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44-35-8 |
98 and 145 |
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44-35-8. Publication
of proposal to amend town and city budget ---At least ten (10) calendar days prior to
formal action taken by a town or city to amend its adopted budget when the
amendment would result in an accumulated increase in total property tax
expenditures of five percent (5%), the chief elected official shall cause to
be published in a newspaper of general circulation a notice of a proposal to
amend the town or city budget. The notice shall contain a summary of the
proposed amendment stating the purpose of the proposed expenditures and the
impact the amendment is estimated to have on property taxes. The notice shall
be in a form approved by the director of the department of |
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621) |
Section |
Amending Chapter Numbers: |
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44-38-2 |
98 and 145 |
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44-38-2.
Energy conservation grant ---An
owner or renter of a residential dwelling where the dwelling is the owner's or
renter's principal residence, and where the owner is age sixty-five (65) or
over and who is not required under provisions of existing tax law to file
with the Rhode Island department of dollars ($ 200). |
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622) |
Section |
Amending Chapter Numbers: |
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44-50-7 |
98 and 145 |
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44-50-7. Claims for refund -- Hearing upon denial -- (a)
Any provider, subject to the provisions of this chapter, may file a claim for
refund with the tax administrator at any time within two (2) years after the
assessment has been paid. If the tax administrator shall determine that the
assessment has been overpaid, he or she shall make a refund with interest
from the date of overpayment. (b)
Any provider whose claim for refund has been denied may, within thirty (30)
days from the date of the mailing by the tax administrator of the notice of
the tax |
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623) |
Section |
Amending Chapter Numbers: |
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44-58-3 |
98 and 145 |
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44-58-3. "Tax administrator" defined
---As used in this chapter, "tax administrator" means the tax
administrator within the department of |
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624) |
Section |
Amending Chapter Numbers: |
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44-63-3 |
100, 165 and 173 |
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44-63-3. Eligibility for credit. [Repealed pursuant to section
44-63-5.] -- Only companies with business primarily in those
industries or trades, identified by the corporation upon advisory resolution
of the Rhode Island Science and Technology Advisory Council as "Innovation
Industries" producing traded good or services, shall be eligible for the
Incentives for Innovation and Growth as provided in sections 44-63-1 and
44-63-2. An eligible company must make application to the corporation prior
to claiming the credit, and the corporation shall be authorized to approve no
more than |
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625) |
Section |
Adding Chapter Numbers: |
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45-2-2.1 |
335 and 382 |
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45-2-2.1.
Tax compacts between municipalities – Cities
and towns or their agencies owning ratable property devoted to a public use
which is located within any other city or town, and such other city or town where
such property is located, respectively, are hereby authorized and empowered
to enter into agreements from time to time establishing the amount of taxes
on such property and the manner or method for determining said amount for a
period of time not exceeding ten
(10) years at any one time. Such agreements shall be in writing, shall be
approved by the city and/or town council, and shall be signed by the mayor,
or like officer, on behalf of cities, and by the president of the town
council, on behalf of towns, respectively, and such written agreements, when
so made and executed pursuant to this act or pursuant to Chapter 1443 of
Public Laws of 1929 as amended by Chapter 1779 of the Public Laws of 1931,
shall be valid and binding upon the parties. |
|
626) |
Section |
Repealing Chapter Numbers: |
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45-2-23 |
78 and 80 |
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45-2-23.
[Repealed.] |
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627) |
Section |
Repealing Chapter Numbers: |
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45-6-2.1 |
46 and 50 |
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45-6-2.1.
[Repealed.] |
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628) |
Section |
Amending Chapter Numbers: |
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45-9-3 |
98 and 145 |
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45-9-3. Budget
and Review Commission – (a)(1)
Notwithstanding the provisions of §§ 45-9-1 and 45-9-2 or any other general or
special laws of the state or charter provisions, the general assembly vests
in the director of the state department of (2)
Whereupon the director of (3)
No one shall be eligible for appointment unless he or she is a resident of this
state. (4)
Where there is no chief executive officer of the town or city, the vice
president of the town council or city council shall serve on the commission.
The director of the state department of (5)
The commission may elect from among its members such other officers as they
deem necessary. (6)
Four (4) or more members of the commission shall constitute a quorum and the
vote of a majority of said quorum at any meeting shall be required for
action. No vacancy in the membership of the commission shall impair the right
of a quorum to exercise all of the rights and perform all of the duties of
the commission. (7)
Newly appointed and qualified commission members of the municipality shall,
within six (6) weeks of their qualification or designation, attend a training
course that is developed with commission approval and conducted by the chair
or his or her designee and shall include instruction in the subject area of
chapter 9 of this title and chapters 46 of title 42, chapter 14 of title 36,
and chapter 2 of title 38 of Rhode Island general laws; and the commission's
rules and regulations. (8)
Public members of the commission shall be removable by the governor pursuant
to § 36-1-7 for cause only, and removal solely for partisan or personal
reasons unrelated to capacity or fitness for the office shall be unlawful. (9)
The powers of the budget and review commission shall be to impose taxes and
to make appropriations for the expenditure of moneys, for the purpose of
adopting a budget and, for the purpose of maintaining a balanced budget, the
budget and review commission shall make reductions or suspensions in the
appropriations to any or all departments, offices or other agencies of town
or city government as will prevent a deficit for the fiscal year. The budget
and review commission shall be subject to the open meetings and open records
law. The budget and review commission shall remain in office until that time as
the chief executive officer of the town or city and the town or city council
petitions the director of the state department of (b)(1)
The budget and review commission shall commence its work by examining the
financial and operating condition of the city or town and shall also advise
the chief executive officer, city or town council and the fiscal officials of
the city or town on the formulation of adequate budget and budgetary controls.
(2)
Reporting Requirements. Within ninety (90) days of its being disbanded as
provided for in § 45-9-3(a)(9), the budget and review commission shall
approve and issue a report detailing its findings and recommendations. This
report shall be submitted to the governor, the speaker of the house of
representatives, the president of the senate, and the secretary of state of
its activities during that fiscal year. The report shall provide: an
operating statement summarizing meetings or hearings
held, subjects addressed, decisions rendered, rules or regulations
promulgated, studies conducted, policies and plans developed, approved, or
modified, and programs administered or initiated;
a consolidated financial statement of all funds received and expended including
the source of the funds, a listing of any staff supported by these funds, and
a summary of any clerical, administrative or technical support received; a
summary of performance during the course of its existence, including
accomplishments, shortcomings and remedies; a synopsis of hearings, complaints,
suspensions, or other legal matters related to the authority of the board; a
summary of any training courses held pursuant to § 45-9-3(a)(7); a briefing
on anticipated activities in the upcoming fiscal year; and findings and
recommendations for improvements. The report shall be posted electronically
on the general assembly and the secretary of state's websites as prescribed
in § 42-20-8.2. (3)
The examination and report shall be completed and published no sooner than
three (3) weeks after the formation of the budget and review commission. The
commission shall exercise any of the powers set forth in this section only
after the examination and publication of the commission's report. |
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629) |
Section |
Amending Chapter Numbers: |
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45-10-1 |
98 and 145 |
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45-10-1. Power
to petition for installation of system – The electors of any town or city qualified to vote on a proposition to
impose a tax, or any town or city council, when legally assembled, may, by
vote, petition the state director of |
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630) |
Section |
Amending Chapter Numbers: |
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45-10-2 |
98 and 145 |
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45-10-2. Certification
of vote to install system – Installation – Upon
the passage of the vote petitioning the state director of accounting as
provided in § 45-10-1, the town or city clerk or any other person so
authorized in that vote shall immediately forward by registered or certified
mail to the |
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631) |
Section |
Amending Chapter Numbers: |
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45-10-3 |
98 and 145 |
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45-10-3. Assistance
in operation of system – Whenever
a system of accounting has been installed under the provisions of this
chapter, the town or city council of the municipality in which the system is installed
may request the assistance of the state director of |
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632) |
Section |
Amending Chapter Numbers: |
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45-10-5 |
98 and 145 |
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45-10-5. Filing
of audit report – The
accountants making the post audit required by § 45-10-4 shall submit a report
on their examination of the financial statements to the city or town audited,
and the town or city clerk of the city or town shall file duplicate copies of
the post audit with the state director of |
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633) |
Section |
Amending Chapter Numbers: |
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45-10-6.1 |
98 and 145 |
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45-10-6.1. Corrective
action plan – If the auditor conducting the post
audit expresses an opinion on the financial statements of a municipality or school
district that is other than unqualified, the chief finance officer of the
municipality or school district shall submit a detailed corrective action
plan and timetable, which addresses the issue(s) which caused the auditor's
qualified opinion on the financial statements. The plan and timetable shall
be submitted to the city or
town council, the school committee, state auditor general and director of municipality and
each school district shall also submit all findings and recommendations
reported by the auditors making the post audit, including those reported in a
separate management letter, to the city or town council, to the state auditor
general, the school committee and director of. The chief finance officer of
the municipality and each school district shall prepare a plan of |
|
634) |
Section |
Amending Chapter Numbers: |
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45-10-8 |
98 and 145 |
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45-10-8. certified
mail during the period preceding the 60th day prior to the close of the
fiscal year. If the notice is not received by the director of for the
withholding of state funds pursuant to § 45-10-12. |
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635) |
Section |
Amending Chapter Numbers: |
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45-10-11 |
98 and 145 |
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45-10-11. Compelling
attendance of witnesses and production of records – The director of |
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636) |
Section |
Amending Chapter Numbers: |
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45-10-12 |
98 and 145 |
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45-10-12. Withholding
of funds due towns failing to file reports – Whenever any town or city fails to file a duplicate copy
of the audit report as required in § 45-10-5 within the time required by that
section, or files a report that does not fully comply with the requirements
of §§ 45-10-5 and 45-10-6, or fails to provide the notice of engagement of
accountant or accountants as required by § 45-10-8 within the time required
by that section, the state director of
|
|
637) |
Section |
Amending Chapter Numbers: |
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45-10-13 |
98 and 145 |
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45-10-13. Costs
of audits, installation of accounting systems, or other assistance – Each town or city for which an audit has been made, a
system of accounting installed, or clerical or other assistance furnished,
under the provisions of this chapter, shall pay to the general treasurer a
sum equal to the actual cost to the state of any of these services as shown
by the records of the state director of or city treasurer and
the general treasurer. The payments shall be made within thirty (30) days
after the receipt by the treasurer of the town or city of the certificate of
the state director of |
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638) |
Section |
Amending Chapter Numbers: |
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45-10-14 |
98 and 145 |
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45-10-14. Appropriations
and disbursements – The
general assembly shall annually appropriate any sums that it deems necessary
for the purpose of carrying out the provisions of this chapter, and the state
director of |
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639) |
Section |
Amending Chapter Numbers: |
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45-10-15 |
98 and 145 |
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45-10-15. Compliance
with requirements of "governmental accounting standards board
(GASB)" pension funding – For any audit year in which a municipality contributes materially less
than 100% of the annual required contribution to its pension plan(s) as
reported in accordance with GASB statement 27 or any successor statement, the
municipality shall submit to the auditor general and the director of |
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640) |
Section |
Amending Chapter Numbers: |
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45-12-11 |
98 and 145 |
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45-12-11. Authority
for issuance of indebtedness excess. – The state director of town imposed by §
45-12-2 whenever the director determines that the sum appropriated by any
city or town or the funds available are insufficient to pay the necessary expenses
of the city or town. For this purpose the state director of information
concerning the financial condition of the city or town that the director may
deem necessary for the proper exercise of that authority. |
|
641) |
Section |
Amending Chapter Numbers: |
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45-12-22.4 |
98 and 145 |
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45-12-22.4. Deficit
financing – Approval required – No municipality shall sell a long-term bond in order to fund a deficit
without prior approval by the state auditor general and director of the state
department of |
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642) |
Section |
Amending Chapter Numbers: |
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45-12-22.6 |
98 and 145 |
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45-12-22.6. Cooperation
of school committees – School
committees, boards, or regional school districts that are independent
governmental entities within a municipality shall cooperate in providing to
the chief financial officer all information needed to formulate the reports
and the deficit elimination plan required under this chapter. The auditor
general or the state director of |
|
643) |
Section |
Amending Chapter Numbers: |
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45-13-1 |
9 and 100 |
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45-13-1. Apportionment
of annual appropriation for state aid – (a) As used in this chapter, the following
words and terms have the following meanings: (1) "Population" means the
most recent estimates of population for each city and town as reported by the
(2) "Income" means the most recent
estimate of per-capita income for a city, town or county as reported by the (3) "Tax effort" means the
total taxes imposed by a city or town for public purposes or the totals of
those taxes for the cities or towns within a county (except employee and
employer assessments and contributions to finance retirement and social
insurance systems and other special assessments for capital outlay)
determined by the United States secretary of commerce for general statistical
purposes and adjusted to exclude amounts properly allocated to education
expenses. (4) "Reference year" means the
second fiscal year preceding the beginning of the fiscal year in which the
distribution of state aid to cities and towns is made provided however that
the reference year for distributions made in fiscal year 2007-2008 shall be
the third fiscal year preceding the beginning of the fiscal year 2007-2008 and
provided further that the reference year for distributions made in fiscal
year 2008-2009 shall be the fourth fiscal year preceding the beginning of the
fiscal year 2008-2009. (b) Aid to cities and towns shall be
apportioned as follows: For each county, city or town, let R be the tax
effort divided by the square of per capita income, i.e., R = (tax
effort)/(income x income). The amount to be allocated to the
counties shall be apportioned in the ratio of the value of R for each county
divided by the sum of the values of R for all five (5) counties. The amount to be allocated for all
cities and for all towns within a county shall be the allocation for that
county apportioned proportionally to the total tax effort of the towns and
cities in that county. The amount to be allocated to any city
or town is the amount allocated to all cities or all towns within the county
apportioned in the ratio of the value of R for that city (or town) divided by
the sum of the values of R for all cities (or all towns) in that county;
provided, further, that no city or town shall receive an entitlement in
excess of one hundred forty-five percent (145%) of that city or town's
population multiplied by the average per capita statewide amount of the
annual appropriation for state aid to cities and towns. Any excess
entitlement shall be allocated to the remainder of the cities and towns in
the respective county in accordance with the provisions of this section. For fiscal year 2004, notwithstanding
the provisions of subsection (a), aid calculations shall be based on a
blended rate of ninety percent (90%) of the data from the 1990 census and ten
percent (10%) of the data from the 2000 census. In each of the succeeding
nine (9) fiscal years, the calculations shall be based on a blended rate that
increases the percentage of data utilized from the 2000 census by ten percent
(10%) from the previous year and decreases the percentage of the data
utilized from the 1990 census by ten percent (10%) from the previous year. (c) The total amount of aid to be
apportioned pursuant to subsection (b) above shall be specified in the annual
appropriation act of the state and shall be equal to the following: (1) For fiscal years ending June 30,
1994 through June 30, 1998, the total amount of aid shall be based upon one
percent (1%) of total state tax revenues in the reference year. (2) For the fiscal year ending June 30,
1999, the total amount of aid shall be based upon one and three-tenths
percent (1.3%) of total state tax revenues in the reference year. (3) For the fiscal year ending June 30,
2000, the total amount of aid shall be based upon one and seven-tenths
percent (1.7%) of total state tax revenues in the reference year. (4) For the fiscal year ending June 30,
2001, the total amount of aid shall be based upon two percent (2.0%) of total
state tax revenues in the reference year. (5) For the fiscal year ending June 30,
2002, the total amount of aid shall be based upon two and four-tenths percent
(2.4%) of total state tax revenues in the reference year. (6) For the fiscal year ending June 30,
2003, the total amount of aid shall be based upon two and four-tenths percent
(2.4%) of total state tax revenues in the reference year. (7) For the fiscal year ending June 30, 2004,
the total amount of aid shall be based upon two and seven-tenths percent
(2.7%) of total state tax revenues in the reference year. (8) For the fiscal year ending June 30,
2005, the total amount of aid shall be fifty-two million four hundred thirty-eight
thousand five hundred thirty-two dollars ($52,438,532). (9) For the fiscal year ending June 30,
2006, the total amount of aid shall be based upon three percent (3.0%) of
total state tax revenues in the reference year. (10) For the fiscal year ending June 30,
2007 the total amount of aid shall be sixty-four million six hundred
ninety-nine thousand three dollars ($64,699,003). (11) For the fiscal year ending June 30,
2008, the total amount of aid shall be sixty-four million six hundred ninety-nine
thousand three dollars ($64,699,003). (12) For the fiscal year ending June 30,
(13) [Deleted by P.L. 2007, ch. 73, art.
25, § 1.] (14) [Deleted by P.L. 2007, ch. 73, art.
25, § 1.] (d) The assent of two-thirds (2/3) of
the members elected to each house of the general assembly shall be required
to repeal or amend this section. (e) For the fiscal year ending June 30, 2008, the apportionments of state aid as derived
through the calculations as required by subsections (a) through (c) of this
section shall be adjusted downward statewide by ten million dollars
($10,000,000). (f) For the fiscal year ending June 30, 2009, the total
amount of aid shall be fifty-four million six hundred ninety-nine thousand
three dollars ($54,699,003). |
|
644) |
Section |
Amending Chapter Numbers: |
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45-13-2 |
98 and 145 |
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|
|
45-13-2. "Tax
levy" defined – For
the purposes of this chapter, "tax levy" means the total amount of
taxes annually certified by the assessors of taxes of the cities and towns,
as shown on the annual reports certified by the assessors to the director of |
|
645) |
Section |
Amending Chapter Numbers: |
|
|
45-13-5.2 |
98 and 145 |
|
|
|
45-13-5.2. Valuation
of tax exempt property for purposes of computing state grants – Not later than August first in any year, any town or
municipality to which a grant may be payable under the provisions of §
45-13-5.1, shall provide the director of the receipt of the
statement, reevaluate any exempt property when, in the director's judgment
the valuation made by the local assessor or assessors is inaccurate, and
shall notify the municipality of the reevaluation. Any municipality aggrieved
by the action of the director of |
|
646) |
Section |
Amending Chapter Numbers: |
|
|
45-13-8 |
98 and 145 |
|
|
|
45-13-8. Reports.
[Effective January 1, 2007.] – (a)
The department of (1)
An identification of state mandates created by statute since January 1, 1970;
(2)
Specific identification of all state mandates established since July 1, 1979
which are subject to reimbursement in accordance with § 45-13-9, and the cost
of each of these mandates to each city and town. (b)
The department of (c)(1)
Statutes and regulations containing state mandates shall include items
eligible for reimbursement; however, failure to include these items shall not
exempt any state mandates not otherwise exempted from the provisions of §§
45-13-7 – 45-13-10. (2)
Cities and towns shall submit to the department of after
January 1, 1979, to the city or town. The reports shall be submitted by April
1 each year and shall state costs incurred by the city or town during the
preceding July 1 – June 30 period. (3)
The reports of cities and towns requesting reimbursement for state mandates
are subject to audit procedures established under § 45-10-5.1. (d)
The department of
(e) All reports issued by
the department of |
|
647) |
Section |
Amending Chapter Numbers: |
|
|
45-13-9 |
9, 98 and 145 |
|
|
|
45-13-9. Reimbursement
to cities and towns and school districts for the costs of state mandates.
[Effective January 1, 2007.] – (a)(1)
The department of (2)
The budget office shall annually include the statewide total of the statement
of costs of state mandates to be reimbursed in the state budget for the next
fiscal year; provided, that any costs resulting from the rules and regulations
of state departments or agencies shall be allocated to the budgets of those
departments or agencies. (b)
The state treasurer shall in July of each year distribute to cities and towns
the reimbursements for state mandated costs in accordance with the report
submitted by the department of |
|
648) |
Section |
Amending Chapter Numbers: |
|
|
45-13-14 |
98 and 145 |
|
|
|
45-13-14. Adjustments
to tax levy, assessed value, and full value when computing state aid – (a) Whenever the director of (1)
That exempted from taxation by acts of the general assembly and reimbursed
under § 45-13-5.1 of the general laws, which shall have its value calculated
as if the payment in lieu of tax revenues received pursuant to § 45-13-5.1,
has resulted from a tax levy; (2)
That whose tax levy or assessed value is based on a tax treaty agreement
authorized by a special public law or by reason of agreements between a municipality
and the economic development corporation in accordance with § 42-64-20 prior
to May 15, 2005, which shall not have its value included; (3)
That whose tax levy or assessed value is based on tax treaty agreements or
tax stabilization agreements in force prior to May 15, 2005, which shall not
have its value included; (4)
That which is subject to a payment in lieu of tax agreement in force prior to
May 15, 2005; (5)
Any other property exempt from taxation under state law; or (6)
Any property subject to chapter 27 of title 44, taxation of Farm, Forest, and
(b)
The tax levy of each municipality and fire district shall be adjusted for any
real estate and personal property exempt from taxation by act of the general
assembly by the amount of payment in lieu of property tax revenue anticipated
to be received pursuant to § 45-13-5.1 relating to property tax from certain
exempt private and state properties, and for any property subject to any
payment in lieu of tax agreements, any tax treaty agreements or tax
stabilization agreements in force after May 15, 2005, by the amount of the
payment in lieu of taxes pursuant to such agreements. (c)
Fire district tax levies within a city or town shall be included as part of
the total levy attributable to that city or town. (d)
The changes as required by subsections (a) through (c) of this section shall
be incorporated into the computation of entitlements effective for
distribution in fiscal year 2007-2008 and thereafter. |
|
649) |
Section |
Amending Chapter Numbers: |
|
|
45-14-1 |
36, 47 and 360 |
|
|
|
45-14-1.
Power to assess charges against users --
In addition to the powers, privileges, prerogatives, and authority that are now
granted to each city and town, or any agency of a city or town, in connection
with sewers or sewer systems of these municipalities, each city and town is
authorized and empowered to enact ordinances assessing users of sewers or
sewer systems of the cities and towns, a charge for the use of the sewers or
sewer systems in an amount that bears a reasonable relation to the cost to
the city or town of the service rendered to the users; provided, that in the
case of the towns of Narragansett, Cumberland and Tiverton and the
city of Woonsocket, all unpaid charges shall be a lien upon the real estate
of the users, and provided further that, in the case of the city of
Woonsocket and the town of Cumberland, the lien created hereby shall
be a lien upon the house, building, tenement, lands and estate of the user in
the same way and manner as taxes assessed on real estate are liens, and if
not paid as required by the city of Woonsocket or the town of Cumberland,
shall be collected in the same manner that taxes assessed upon real
estate are by law collected. |
|
650) |
Section |
Adding Chapter Numbers: |
|
|
45-21-65 |
92 and 134 |
|
|
|
45-21-65.
Other post-employment benefits -- OPEB trusts – (a) Notwithstanding the provisions of any general or special
law, or the provisions of any municipality's home rule charter, to the
contrary, for purposes of funding any unfunded liability for other
post-employment benefits including, but not limited to, health care and
dental care benefits hereinafter referred to as ("OPEB") in
accordance with government accounting standards board statements 43 and 45, a
municipality, acting by its treasurer or director of finance, upon an
approving resolution of the city or town council or agency board as applicable,
may enter into a trust agreement between the municipality
and a corporate trustee which shall be a bank or trust company doing business
in the state. This trust agreement shall be in any form deemed proper by the
treasurer or director of finance of the municipality, and shall be executed
by its treasurer or director of finance and countersigned by its mayor or
president of the town council. It shall be lawful for any bank or trust
company doing business in the state to act as a depository or trustee under
this trust agreement,
and to furnish indemnification and pledge securities that may be required by
any municipality. (b)
OPEB trust funds shall be credited with all amounts appropriated or otherwise
made available by the municipality for the purposes of meeting the current
and future OPEB costs payable by the municipality. OPEB trust funds shall
also be credited with all amounts contributed or otherwise made available by
employees of the municipality for the purpose of meeting future OPEB costs
payable by the municipality. Amounts in an OPEB trust fund, including any
earnings or interest accruing from the investment of these amounts, shall be
expended only for the payment of the costs payable by the municipality for
OPEB or as otherwise permitted by the terms of the trust and applicable law.
The director of finance or treasurer, as applicable, shall invest and
reinvest the amounts in the OPEB trust fund not needed for current
disbursement in any investment permitted for the municipality's pension funds
consistent with the prudent person rule and investment policies of the
municipality, if any. (c)
Municipalities are hereby authorized to enter into agreements, trusts,
contracts, and other arrangements with the state and any of its departments,
agencies, boards or commissions relating to the execution, management or
operation of the OPEB trust funds, including, but not limited to,
investments, and the state and its departments, agencies, boards and commissions
are hereby authorized to enter into such agreements, contracts and other
arrangements with municipalities.
Notwithstanding any provisions of any general or special law or principle of
equity to the contrary, the state shall have no liability to any municipality
for entering into such agreements. A municipality may employ any qualified
bank, trust company, corporation, firm or person to advise it on the
investment of the OPEB trust fund and may pay from the OPEB trust fund for
this advice and other services. Procurement for these services shall be
subject to the procurement procedures and rules governing municipalities in
the state. (d)
Any OPEB trusts that have been created by municipalities and are in effect on
the date hereof are hereby ratified and confirmed. (e)
Nothing herein shall be construed to exempt OPEB trusts from the Rhode Island
Access to Public Records Act, RIGL 38-2-1 et seq. |
|
651) |
Section |
Amending Chapter Numbers: |
|
|
45-23-36 |
224 and 464 |
|
|
|
45-23-36.
General provisions -- Application for development and certification of
completeness -- (a) Classification. - The
administrative officer shall advise the applicant as to which approvals are
required and the appropriate board for hearing an application for a land
development or subdivision project. The following types of applications, as
defined in section 45-23-32, may be filed:
(1) Administrative subdivision;
(2) Minor subdivision or minor land development plan; and
(3) Major subdivision or major land development plan.
(b) Certification of a complete application. - An application shall be
complete for purposes of commencing the applicable time period for action
when so certified by the administrative officer. Every certification of
completeness required by this chapter shall be in writing. In the event the certification of the application is not
made within the time specified in this chapter for the type of plan, the
application is deemed complete for purposes of commencing the
review period unless the application lacks information required for these
applications as specified in the local regulations and the administrative
officer has notified the applicant, in writing, of the deficiencies in the
application.
(c) Notwithstanding subsections (a) and (b) of this section, the planning
board may subsequently require correction of any information found to be in
error and submission of additional information specified in the regulations
but not required by the administrative officer prior to certification, as is
necessary to make an informed decision.
(d) Where the review is postponed with the consent of the applicant, pending
further information or revision of information, the time period for review is
stayed and resumes when the administrative officer or the planning board
determines that the required application information is complete. |
|
652) |
Section |
Amending Chapter Numbers: |
|
|
45-23-37 |
224 and 464 |
|
|
|
45-23-37.
General provisions -- Administrative subdivision -- (a) Any applicant requesting approval of a proposed
administrative subdivision, as defined in this chapter, shall submit to the
administrative officer the items required by the local regulations.
(b) The application shall be certified, in writing, as complete or
incomplete by the administrative officer within a fifteen (15) day period
from the date of its submission according to the provisions of section
45-23-36(b).
(c) Review process:
(1) Within fifteen (15) days of certification of completeness, the
administrative officer, or the technical review committee, shall review the
application and approve, deny or refer it to the planning board with
recommendations. The officer or committee shall report its actions to the
planning board at its next regular meeting, to be made part of the record.
(2) If no action is taken by the administrative officer or the technical
review committee within the fifteen (15) days, the application shall be placed
on the agenda of the next regular planning board meeting.
(d) If referred to the planning board, the board shall consider the
application and the recommendations of the administrative officer and/or the
technical review committee and either approve, approve with conditions, or
deny the application within sixty-five (65) days of certification
of completeness. Failure of the planning board to act within the prescribed
period constitutes approval of the administrative subdivision plan and a
certificate of the administrative officer as to the failure of the planning
board or committee to act within the required time and the resulting approval
shall be issued on request of the applicant.
(e) Denial of an application by the administrative officer and/or the
technical review committee is not appealable and requires the plan to be
submitted as a minor subdivision application.
(f) Any approval of an administrative subdivision shall be evidenced by a
written decision which shall be filed and posted in the office of the city or
town clerk.
(g) Approval of an administrative subdivision expires ninety (90) days from
the date of approval unless within that period a plat in conformity with that
approval is submitted for signature and recording as specified in section
45-23-64. |
|
653) |
Section |
Amending Chapter Numbers: |
|
|
45-23-38 |
224 and 464 |
|
|
|
45-23-38.
General provisions -- Minor land development and minor subdivision review -- (a) Review stages. - Minor plan review consists of two
stages, preliminary and final; provided, that if a street creation or
extension is involved, a public hearing is required. The planning board may
combine the approval stages, providing requirements for both stages are met
by the applicant to the satisfaction of the planning officials.
(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. - 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, according to the provisions of section 45-23-36(b). 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
fourteen (14) days after its resubmission.
(d) Technical review committee. - The technical review committee, if
established, will review the application and will comment and make
recommendations to the planning board. The application will be referred to
the planning board as a whole if there is no technical review committee. When
reviewed by a technical review committee:
(1) If the land development or subdivision plan is approved by a majority of
the committee members, the application is forwarded to the planning board with
a recommendation for preliminary plan approval without further review.
(2) If the plan is not approved by a majority vote of the committee members,
the minor land development and subdivision application is referred to the
planning board.
(e) 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 section 45-23-60.
(f) Decision. - If no street creation or extension is required, the planning
board 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, according to
the requirements of section 45-23-63. If a street extension or creation is
required, the planning board will hold a public hearing prior to approval
according to the requirements
in section 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 equirements of section 45-23-63.
(g) Failure to act. - Failure of the planning board to act within the period
prescribed 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 will be issued on request
of the application.
(h) Final plan. - The planning board may delegate final plan review and
approval to either the administrative officer or the 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.
(i) Expiration of approval. - Approval of a minor land development or
subdivision plan expires ninety (90) days 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
section 45-23-64. Validity may be extended for a longer period, for cause
shown, if requested by the application in writing, and approved by the
planning board. |
|
654) |
Section |
Amending Chapter Numbers: |
|
|
45-23-40 |
224, 294 and 464 |
|
|
|
45-23-40.
General provisions --
(1) The applicant shall first submit to the administrative officer the items
required by the local regulations for master plans.
(2) 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.
(3) Initial comments will be solicited from (i) local agencies including, but
not limited to, the planning department, the department of public works, fire
and police departments, the conservation and recreation commissions; (ii)
adjacent communities; (iii) state agencies, as appropriate, including the
departments of environmental management and transportation, and the coastal
resources management council; and (iv) federal agencies, as appropriate. The administrative
officer shall coordinate review and comments by local officials, adjacent
communities, and state and federal agencies.
(b) Certification. - The application must be certified in writing,
complete or incomplete by the administrative officer within sixty (60) days,
according to the provisions of section 45-23-36(b). The running of the time
period set forth herein will be deemed stopped upon the issuance of a
certificate of incompleteness of the application by the administrative
officer and will recommence upon the resubmission of a corrected application
by the applicant. However, in no event will the administrative officer be
required to certify a corrected submission as complete or incomplete less
than fourteen (14) days after its resubmission.
(c) Technical review committee. - The technical review committee, if
established, shall review the application and shall comment and make recommendations
to the planning board.
(d) Informational meeting.
(1) A public informational meeting will be held prior to the planning board
decision on the master plan, unless the master plan and preliminary plan
approvals are being combined, in which case the public informational meeting
is optional, based upon planning board determination.
(2) Public notice for the informational meeting is required and must be given
at least seven (7) days prior to the date of the meeting in a newspaper of
general circulation within the municipality. Postcard notice must be mailed
to the applicant and to all property owners within the notice area, as
specified by local regulations.
(3) At the public informational meeting 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.
(e) Decision. - The planning board shall, within one hundred and twenty (120)
days of certification of completeness, or within a further amount of time
that may be consented to by the applicant, approve of the master plan as
submitted, approve with changes and/or conditions, or deny the application,
according to the requirements of section 45-23-63.
(f) 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.
(g) Vesting.
(1) The approved master plan is vested for a period of one year, with a one year
extension upon written request by the applicant, who must appear before the
planning board for the annual review. 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.
(2) The initial two (2) year vesting for the approved master plan constitutes
the vested rights for the development as required in section 45-24-44. |
|
655) |
Section |
Amending Chapter Numbers: |
|
|
45-23-41 |
224, 294 and 464 |
|
|
|
45-23-41.
General provisions --
(1) The applicant shall first submit to the administrative officer the items
required by the local regulations for preliminary plans.
(2) 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, a perimeter survey, all permits required by
state or federal agencies prior to commencement of construction, 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.
(3) 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.
(4) Prior to approval of the preliminary plan, copies of all legal documents
describing the property, proposed easements and rights-of-way.
(b) Certification. - The application will be certified as complete or
incomplete by the administrative officer within sixty (60) days, according to
the provisions of section 45-23-36(b). 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 fourteen (14) days
after its resubmission.
(c) Technical review committee. - The technical review committee, if
established, shall review the application and shall comment and make
recommendations to the planning board.
(d) Public hearing. - Prior to a planning board decision on the preliminary
plan, a public hearing, which adheres to the requirements for notice
described in section 45-23-42, must be held.
(e) 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.
(f) 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 section 45-23-43, within one hundred
(g) 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.
(h) Vesting. - The approved preliminary plan is vested for a period of one
year and 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. |
|
656) |
Section |
Amending Chapter Numbers: |
|
|
45-23-43 |
224, 294 and 464 |
|
|
|
45-23-43.
General provisions --
(1) 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.
(2) Arrangements for completion of the required public improvements,
including construction schedule and/or financial guarantees.
(3) Certification by the tax collector that all property taxes are current.
(4) 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.
(b) Certification. - The application for final plan approval shall be
certified complete or incomplete by the administrative officer in writing,
within twenty-five (25) days, according to the provisions of section
45-23-36(b). This time period may be extended to forty-five (45) 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 fourteen (14) 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) below, the final plan shall be considered approved.
(c) Referral to the planning board. - If the administrative officer
determines that an application for final approval does not meet the
requirements set by local regulations or by the planning board at preliminary
approval, the administrative officer shall refer the final plans to the
planning board for review. The planning board shall, 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.
(d) Failure to act. - Failure of 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.
(e) Expiration of approval. - The final approval of a major subdivision or
land development project expires one year from the date of approval unless,
within that period, the plat or plan has been submitted for signature and
recording as specified in section 45-23-64. The planning board may, for good
cause shown, extend the period for recording for an additional period.
(f) Acceptance of public improvements. - Signature and recording as specified
in section 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.
(g) 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 section 45-23-65, or a
new plan is approved by the planning board. |
|
657) |
Section |
Amending Chapter Numbers: |
|
|
45-23-56 |
224 and 464 |
|
|
|
45-23-56.
Administration -- Technical review committee -- (a) The planning board may establish a technical review
committee of not fewer than three (3) members, to conduct technical reviews
of applications subject to their jurisdiction. Where a technical review committee
is established, the administrative officer shall serve as chairperson.
Membership of this subcommittee, to be known as the technical review
committee, may include, but is not limited to, members of the planning board,
planning department staff, other municipal staff representing departments
with responsibility for review or enforcement, conservation commissioners or
other duly appointed local public commission members.
(b) If the planning board establishes a technical review committee, the board
shall adopt written procedures establishing the committee's responsibilities.
(c) Reports of the technical review committee to the planning board shall be
in writing and kept as part of the permanent documentation on the development
application. In no case shall the
recommendations of the technical review committee be binding on the planning
board in its activities or decisions. All reports of the technical review
committee shall be made available to the applicant prior to the meeting of
the planning board meeting at which the reports are first considered. |
|
658) |
Section |
Amending Chapter Numbers: |
|
|
45-23-63 |
224 and 464 |
|
|
|
45-23-63.
Procedure -- Meetings -- Votes -- Decisions and records -- (a) All records of the planning board proceedings and
decisions shall be written and kept permanently available for public review.
Completed applications for proposed land development and subdivisions
projects under review by the planning board shall be available for public
review.
(b) Participation in a planning board meeting or other proceedings by any
party is not a cause for civil action or liability except for acts not in
good faith, intentional misconduct, knowing violation of law, transactions
where there is an improper personal benefit, or malicious, wanton,
or willful misconduct.
(c) All final written comments to the planning board from the administrative
officer, municipal departments, the technical review committee, state and
federal agencies, and local commissions are part of the permanent record of
the development application.
(d) Votes. - All votes of the planning board shall be made part of the
permanent record and show the members present and their votes. A decision by
the planning board to approve any land development or subdivision application
requires a vote for approval by a majority of the current planning board
membership. (e)
All written decisions of the planning board shall be recorded in the land
evidence records within thirty-five (35) days after the planning board vote.
A copy of the recorded decision shall be mailed within one business day of
recording, by any method that provides confirmation of
receipt, to the applicant and to any objector who has filed a written request
for notice with the administrative officer. |
|
659) |
Section |
Amending Chapter Numbers: |
|
|
45-24-37 |
172 and 176 |
|
|
|
45-24-37.
General provisions -- Permitted uses --
(a) The zoning ordinance provides a listing of all land uses and/or
performance standards for uses which are permitted within the zoning use
districts of the municipality.
(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;
(3) Family day care homes.
(c) Any time a building or other structure used for residential purposes, or
a portion of a building containing residential units, is rendered uninhabitable
by virtue of a casualty such as fire or flood, the owner of the property is
allowed to park, temporarily, mobile and manufactured home or homes, as the
need may be, elsewhere upon the land, for use and occupancy of the former
occupants for a period of up to twelve (12) months, or until the building or
structure is rehabilitated
and otherwise made fit for occupancy. The property owner, or a properly
designated agent of the owner, is only allowed to cause the mobile and
manufactured home or homes to remain temporarily upon the land by making
timely application to the local building official for the purposes of
obtaining the necessary permits to repair or rebuild the structure.
(d) Notwithstanding any other provision of this chapter, appropriate access
for people with disabilities to residential structures is allowed as a
reasonable accommodation for any person(s) residing, or intending to reside,
in the residential structure. (e)
Notwithstanding any other provision of this chapter, an accessory family
dwelling unit in an owner-occupied, single-family residence shall be
permitted as a reasonable accommodation only for family members with
disabilities. The appearance of the structure shall remain that of a
single-family residence and there shall be an internal means of egress
between the principal unit and the accessory family dwelling unit. If
possible, no additional exterior entrances should be added. Where an
additional entrance is required, placement should generally be in the rear or
side of the structure. When the structure is serviced by an individual sewage
disposal system, the applicant shall have the existing or any new system
approved by the department of environmental management. The zoning
enforcement officer shall require that a declaration of the accessory family
dwelling unit for the family member or members and its restrictions be
recorded in the land evidence records and filed with the zoning enforcement
officer and the building official. Once the family member or members with
disabilities no longer resides in the premises on a permanent basis, or the
title is transferred, the property owner shall notify the zoning official in
writing, and the accessory family dwelling unit shall no longer be permitted,
unless there is a subsequent, valid application. (f)
When used in this section, the terms "people with disabilities" or
"member or members with disabilities" means a person(s) who has a
physical or mental impairment which substantially limits one or more
"major life activities" (as such term is defined in section 34-37-3
of the general laws). |
|
660) |
Section |
Adding Chapter Numbers: |
|
|
45-33.2-21 |
206 and 219 |
|
|
|
45-33.2-21.
Tax Limitations – (a) Except as provided below, a
tax increment shall be included in the calculation of the maximum tax a city
or town may levy pursuant to the provisions of section 44-5-2 of the general
laws. (b)
To the extent that inclusion of a tax increment in a tax levy causes a
municipality to exceed the maximum tax a city or town may levy pursuant to
the provisions of section 44-5-2 of the general laws, such excess shall be
excluded from such calculation for a period not to exceed twenty-five (25)
years if: (i)
such excess tax increment is allocable to (A) the payment of the principal of
or interest on any special obligation bonds issued under the provisions of
section 45-33.2-6, to fund a project as described in subdivisions
45-33.2-3(2)(i), (ii) or (iii); (B) any requirement to fund any reserve or
other account or satisfy any other financial requirement which must be
satisfied in connection with the issuance of such bonds or any other
indebtedness or obligation incurred in connection with
any such project or portion of one; or (C) any payments made to directly fund
any project described in subdivisions 45-33.2-3(2)(i), (ii) or (iii); and (ii)
the project is determined by the division of property valuation in the
department of revenue to be (A) within or contiguous to the tax increment
area, or (B) substantially related to the improvements giving rise to the tax
increment; or (C) reasonably necessary to assure the private investment
required to generate the tax increment. (c)
The tax assessor in each city and town shall include calculations reflecting
any tax increment excluded from the tax cap provisions of section 44-5-2 of
the general laws when submitting the municipality’s adopted tax levy and rate
to the division of property valuation in accordance with section 44-5-2 of the
general laws. (d)
The division of property valuation in the department of revenue may issue
such regulations as may be required to implement and enforce the provisions
of this section. |
|
661) |
Section |
Amending Chapter Numbers: |
|
|
45-38.1-3 |
16 and 455 |
|
|
|
45-38.1-3.
Definitions -- As used in this chapter, the
following words and terms have the following meaning unless the context
indicates another or different meaning or intent:
(1) "Bonds" means bonds of the corporation issued under the
provisions of this chapter, including refunding bonds, notwithstanding that
the bonds may be secured by mortgage or the full faith and credit of the
corporation or the full faith and credit of a participating institution for
higher education or of a participating health care provider or any other
lawfully pledged security of a participating educational institution or child
day care center or of a participating health care provider;
(2) "Borrower" means a student or a parent who has received or
agreed to pay an education loan;
(3) "Cooperative hospital service organization" means a corporation
created pursuant to chapter 6 of title 7, which meets the requirements of
Section 501(e) of the Internal Revenue Code of 1954, 26 U.S.C. section
501(e), and is exempt from federal taxation of income in accordance with
Section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. section 501(c)(3);
(4) "Corporation" means the Rhode Island health and educational
building corporation created and established as a nonbusiness corporation,
under and pursuant to chapter 6 of title 7, as amended, and constituted and
established as a public body corporate and agency of the state under section
45-38.1-4, or any board, body, commission, department, or officer succeeding
to the principal functions of the corporation or to whom the powers conferred
upon the corporation by
this chapter are given by law;
(5) "Corporation loans" means loans by the corporation to an
educational institution or child day care center for the purpose of funding
education loans;
(6) "Cost" as applied to a project or any portion of it, financed
under the provisions of this chapter, embraces all or any part of the cost of
construction and acquisition of all lands, structures, real or personal
property, rights, rights of way, franchises, easements, and interests
acquired or used for a project, the cost of demolishing or removing any
buildings or structures on land so acquired, including the cost of acquiring
any lands to which the buildings or structures may
be moved, the cost of all machinery and equipment, financing charges,
interest prior to, during and for a period after completion of the
construction, provisions for working capital, reserves for principal and
interest and for extensions, enlargements, additions, replacements,
renovations and improvements, cost of engineering, financial and legal
services, plans, specifications, studies, surveys, estimates of cost and of revenues,
administrative expenses, expenses necessary or incident to determining the
feasibility or practicability of constructing the project, and other expenses
that may be necessary or incident to the construction and acquisition of the
project, the financing of the construction and acquisition, and the placing
of the project in operation;
(7) "Default insurance" means insurance insuring education loans,
corporation loans, or bonds or notes of the corporation against default;
(8) "Default reserve fund" means a fund established pursuant to a
resolution of the corporation for the purpose of securing education loans,
corporation loans, or bonds or notes of the corporation;
(9) "Education loan" means a loan which is made by or on behalf of
an educational institution or child day care center from the proceeds of a
corporation loan, to a student or parents of a student or both, to finance
the student's attendance at the institution;
(10) "Education loan series portfolio" means all education loans
made by or on behalf of a specific educational institution or child day care
center which are funded from the proceeds of a corporation loan to the
institution out of the proceeds of a related specific bond or note issued
through the corporation;
(11) "Health care provider" means:
(i) Any nonprofit hospital incorporated under the laws of the state,
including any nonprofit subsidiary corporations formed by any hospital or
formed by the parent corporation of the hospital;
(ii) Any nonprofit corporation, the member or members of which consist solely
of one or more hospitals or their parent corporations;
(iii) Any other hospital, which is licensed as a general hospital or
maternity hospital pursuant to chapter 17 of title 23, which is exempt from
taxation;
(iv) Any nonprofit group health association;
(v) Any cooperative hospital service organization, or any nonprofit
corporation that is licensed as a skilled nursing and/or intermediate care
facility pursuant to chapter 17 of title 23, including any nonprofit
subsidiary corporation formed by any of the foregoing skilled nursing and/or
intermediate care facilities, or any nonprofit corporation eligible to
receive funding, pursuant to chapter 8.5 of title 40.1, and/or a corporation
created pursuant to chapter 6 of title 7; provided, that it is a real estate
holding corporation created for the benefit of a nonprofit corporation
eligible to receive funding under chapter 8.5 of title 40.1;
(vi) Any nonprofit health care corporation whose purpose is to provide home
care services or supplies to the citizens of this state including, but not
limited to, nonprofit visiting nurse associations and nonprofit home care
organizations;
(vii) Any other not-for-profit corporation organized pursuant to chapter 6 of
title 7 or pursuant to any special act of the general assembly and which is
exempt from federal taxation of income in accordance with Section 501(c)(3),
26 U.S.C. section 501(c)(3), of the Internal Revenue Code and which is
licensed as:
(A) A health care facility pursuant to chapter 17 of title 23;
(B) A "facility" pursuant to chapter 24 of title 40.1;
(C) A "residential care and assisted living facility" pursuant to
chapter 17.4 of title 23;
(D) An adult day-care facility; or (E)
A “clinical laboratory” pursuant to chapter 23-16.2 and as a manufacturer of
biological products by the United States Department of Health and Human
Services Food and Drug Administration that operates in Rhode Island;
(viii) Any not-for-profit corporation which is exempt from federal taxation
of income in accordance with Section 501(c)(3) of the Internal Revenue Code,
26 U.S.C. section 501(c)(3), or any successor section of the Internal Revenue
Code, which under contract with the state educates, counsels or rehabilitates
young people who have come subject to child welfare, juvenile justice or
mental health systems in the state; or
(ix) Any network or similar arrangement of those entities listed in subsection
(11)(i) through (viii) above;
(12) "Educational institution" means an educational institution or
local education authority participating in the school housing aid program as
described in chapter 7 of title 16 situated within this state which, by
virtue of law or charter, is a public or other nonprofit educational
institution empowered to provide a program of education at the primary,
secondary or high school level, beyond the high school level, and which is
accredited by a nationally recognized educational accrediting agency or
association and awards a bachelor's or advance degree
or provides a program of not less than two (2) years' duration which is
accepted for full credit toward a bachelor's degree;
(13) "Loan funding deposit" means monies or other property
deposited by an educational institution or child day care center with the
corporation, a guarantor, or a trustee for the purpose of:
(i) Providing security for bonds or notes;
(ii) Funding a default reserve fund;
(iii) Acquiring default insurance;
(iv) Defraying costs of the corporation, the monies or properties to be in
amounts as deemed necessary by the corporation or a guarantor as a condition for
the institution's participation in the corporation's programs;
(14) "Nonprofit group health association" means an association or a
corporation established by an act of the general assembly, or created
pursuant to chapter 6 of title 7, to provide all or any part of a project or
property to the citizens of this state;
(15) "Parent" means any parent, legal guardian, or sponsor of the
student at an educational institution or child day care center;
(16) "Participating hospital" means a hospital which, pursuant to
the provisions of this chapter, undertakes the financing and construction or
acquisition of a project or undertakes the refunding
or refinancing of obligations or of a mortgage or of advances as provided in
and permitted by this chapter;
(17) "Participating educational institution" means an educational
institution or child day care center which, pursuant to the provisions of
this chapter, undertakes the financing and construction or acquisition of a
project, or undertakes the refunding or refinancing of obligations or of a
mortgage or of advances or undertakes the financing, directly or indirectly,
of education loans, all as provided in and permitted by this chapter;
(18) "Project," in the case of a participating educational
institution or child day care center means a structure suitable for use as a
dormitory or other housing facility, dining hall, student union,
administration building, academic building, library, laboratory, research
facility, classroom, athletic facility, health care facility, and
maintenance, storage or utility facility, and other structures or facilities
related to the educational institution or child day care center or required
or useful for the instruction of students or the conducting of research or
the operation of an educational institution or child day care center
including parking and other facilities or structures essential or convenient
for the orderly conduct of the educational institution or child day care
center and also includes equipment and machinery and other similar items
necessary or convenient for the operation of a particular facility or
structure in the manner for which its use is intended, but does not include
such items as books, fuel, supplies, or other items which are customarily
deemed to result in a current operating charge; and, in the case of a
participating health care provider, means a structure suitable for use as a
hospital, clinic, nursing home, congregate housing for the elderly and/or
infirm, mental health service unit, or other health care facility,
laboratory, laundry, nurses', interns', or clients' residence, administration
building, research facility, and maintenance, storage or utility facility,
and other structures or facilities related to the health care provider or
required or useful for the operation of the project, including parking and
other facilities or structures essential or convenient for the orderly
operation of the project, and also includes equipment and machinery and other
similar items necessary or convenient for the operation of the project in the
manner for which its use is intended, but does not include such items as
fuel, supplies, or other items which are customarily deemed to result in a
current operating charge;
(19) "State" means the state of
(20) "Child day care center" means a child day care center as
defined in section 23-28.1-5, which is a not-for-profit organization;
(21) "Note" means a written promise to pay, including, but not limited
to, capital notes and revenue anticipation notes;
(22) "Capital note(s)" means a note or notes of the corporation not
exceeding twelve (12) months in duration to maturity issued for the benefit
of a health care provider or educational institution to purchase capital
assets to be used in the operations of the health care provider or
educational institution; and
(23) "Revenue anticipation note(s)" means a note or notes of the
corporation not exceeding twelve (12) months in duration to maturity issued
for the benefit of a health care provider or educational institution in
anticipation of revenues reasonably expected to be collected by the health
care provider or educational institution within twelve (12) months from the
date of the note or notes.
(24) "School housing project" means an "approved
project," as defined in section 16-7-36(2).
(25) "School housing project financing" means bonds issued through
the corporation to fund school housing projects as provided in and permitted
by section 16-7-44.
(26) "State reimbursement" shall mean the state's share of school
housing project cost as determined in accordance with sections 16-7-35 --
16-7-47. |
|
662) |
Section |
Amending Chapter Numbers: |
|
|
45-62-3 |
282 and 362 |
|
|
|
45-62-3.
Power of councils -- (a) The council
of any city or town is authorized and empowered to establish by ordinance one
or more dam management districts within the city or town; if the need for the
management of a dam or dams is multi-municipal, a multi-municipal dam
management district may be established by the concurrent adoption of an
ordinance by the city or town councils of the municipalities in which the dam
management district will be located. The
ordinance shall set forth the boundaries of the district, provide for the
governance and administration of the district, and require for annual
reporting by the district, as a minimum, to each city and town with area
within the district and the department of environmental management.
(b) Except as restricted or limited by ordinance, a dam management district
shall have the power to:
(1) Provide for entry of city, town, state or district officials in a manner
equivalent to the provisions of section 23-27.3-112.0, onto private property
within the district when necessary for the periodic inspection, maintenance
and/or repair of dams and appurtenant facilities;
(2) Provide for the supervision, control, maintenance, repair and/or reconstruction
of dams, including activities relating to dam removal;
(3) Establish a public education program to educate new residents and update
members of the district on new information or procedures for proper
maintenance and operation of dams and the implications for failing to operate
and maintain dams in a manner that meets generally accepted dam safety
practices;
(4) Raise and expend funds for the administration, operations, contractual
obligations, and services of the district, and fix and collect rates, fees,
and charges within the district for the provision of dam management services
by the district;
(5) Employ staff, counsel, and consultants as necessary to carry out the
functions of the district and purposes of this chapter;
(6) Acquire, hold, use, sell, transfer and lease real or personal property,
and to own, operate, maintain, repair, improve any property acquired;
(7) Apply for, contract for, receive, and expend grants and loans for the
maintenance, repair, removal and/or reconstruction of dams, and for other
activities authorized by this chapter; and
(8) Adopt a common seal, sue and be sued, and enjoy the powers generally
incident to corporations.
(c) Any dam owned and furnished by any municipality, water district, fire
district or any other municipal or quasi-municipal corporation that is
regulated as a water supplier by the Rhode Island
Public Utilities Commission under chapter 1 of title 39 and subject to the provisions
of chapter 15.6 of title 46 shall be exempt from the provisions of this
chapter. (d)
With respect to the towns of Burriville and Glocester, collection of Dam
Management District fees shall be in the same manner as provided by law for
the collection of taxes by municipalities and the collector of fees for the
said Management District shall, for the purposes of collecting fees assessed
by said Management District, have the same powers and authority as are by law
conferred on collection of taxes for towns in the state. |
|
663) |
Section |
Adding Chapter Numbers: |
|
|
45-62-7 |
282 and 362 |
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45-62-7.
Exemption from real and personal property taxes – The towns of Burriville and Glocester are
authorized to enact ordinances which exempt from taxation real and personal
property owned by a Dam Management District created pursuant to this chapter,
said exemption to be limited to property that consists of the lake bed of the
Pascoag Reservoir, also known as Echo Lake and property on which any dam,
spillway and any appurtenant structures may be located as the same relate to
the Pascoag Reservoir, also known as Echo Lake. |