H7496A

	2012 -- H 7496 SUBSTITUTE A
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	LC01317/SUB A/4
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	STATE OF RHODE ISLAND

	IN GENERAL ASSEMBLY

	JANUARY SESSION, A.D. 2012

	____________


	A N A C T
	RELATING TO STATUTES AND STATUTORY CONSTRUCTION


	Introduced By: Representatives Mattiello, and Newberry

	Date Introduced: February 09, 2012

	Referred To: House Judiciary




	It is enacted by the General Assembly as follows:

1-1	SECTION 1. Section 11-9-1.4 of the General Laws in Chapter 11-9 entitled "Children" is
1-2	hereby amended to read as follows:
1-3	11-9-1.4. Minor electronically disseminating indecent material to another person --
1-4	"Sexting" prohibited. -- (a) Definitions as used in this section:
1-5	(1) "Minor" means any person not having reached eighteen (18) years of age;
1-6	(2) "Computer" has the meaning given to that term in section 11-52-1;
1-7	(3) "Telecommunication device" means an analog or digital electronic device which
1-8	processes data, telephony, video, or sound transmission as part of any system involved in the
1-9	sending and/or receiving at a distance of voice, sound, data, and/or video transmissions;
1-10	(4) "Indecent visual depiction" means any digital image or digital video of the minor
1-11	engaging in sexually explicit conduct, and includes data stored or on any computer,
1-12	telecommunication device, or other electronic storage media which is capable of conversion into
1-13	a visual image;
1-14	(5) "Sexually explicit conduct" means actual masturbation or graphic focus on or
1-15	lascivious exhibition of the nude genitals or pubic area of the minor.
1-16	(b) No minor shall knowingly and voluntarily and without threat or coercion use a
1-17	computer or telecommunication device to transmit an indecent visual depiction of himself or
1-18	herself to another person.
1-19	(c) A violation of this section shall be a status offense and referred to the family court.
2-20	(d) Any minor adjudicated under subsection (b) shall not be charged under section 11-9-
2-21	1.3 and, further, shall not be subject to sex offender registration requirements set forth in section
2-22	11-37.1-1 et seq., entitled "Sexual Offender Registration and Community Notification Act."
2-23	SECTION 2. Section 15-23.1-210 of the General Laws in Chapter 15-23.1 entitled
2-24	"Uniform Interstate Family Support Act" is hereby amended to read as follows:
2-25	15-23.1-210. Application of chapter to nonresident subject to personal jurisdiction.
2-26	[Contingent effective date; see note.] -- A tribunal of this state exercising personal jurisdiction
2-27	over a nonresident in a proceeding under this chapter, under other law of this state relating to a
2-28	support order, or recognizing a foreign support order may receive evidence from outside this state
2-29	pursuant to section 15-23.1-316, communicate with a tribunal outside this state pursuant to
2-30	section 15-23.1-317, and obtain discovery through a tribunal outside this state pursuant to section
2-31	15-23.1-318. In all other respects, sections 301 -- 616 of this chapter do not apply and the tribunal
2-32	shall apply the procedural and substantive law of this state.
2-33	SECTION 3. Section 17-20-10 of the General Laws in Chapter 17-20 entitled "Mail
2-34	Ballots" is hereby amended to read as follows:
2-35	17-20-10. Certification of applications -- Issuance of ballots -- Marking of lists --
2-36	Mailing address. -- (a) Upon receipt of the application, the local board shall immediately
2-37	examine it and determine whether it complies with each of the requirements set forth by this
2-38	chapter and compare the signature on the ballot application with the signature contained on the
2-39	original registration card, except as may be otherwise provided by law, to satisfy itself that the
2-40	applicant is a qualified voter. Upon determining that it does meet each requirement of this chapter
2-41	and that the signature appears to be the same, the local board shall mark the application
2-42	"accepted" and record in the space provided on the ballot application the senatorial,
2-43	representative, and voting district in which the applicant should vote.
2-44	(b) The local board shall also record the city or town code and district information in the
2-45	mailing label section of the mail ballot application. The local board shall also print or type the
2-46	name of the elector and the complete mailing address in that section. If the local board does not
2-47	accept the application, the local board shall return the application to the elector, together with a
2-48	form prescribed by the secretary of state, specifying the reason or reasons for the return of the
2-49	application.
2-50	(c) Not later than 4:00 p.m. on the eighteenth (18th) day before the day of any election
2-51	referred to in this chapter or within seven (7) days of receipt by the local board, whichever occurs
2-52	first, the local board shall certify the applications to the secretary of state through the CVRS
2-53	system as this procedure is prescribed by the secretary of state. Upon the certification of a mail
2-54	ballot application to the secretary of state, the local board shall enter on the voting list the fact
3-1	that a mail ballot application for the voter has been certified and shall cause the delivery of the
3-2	certified mail ballot applications together with the signed certified listing thereof in sealed
3-3	packages to the state board of elections.
3-4	(d) (1) Upon the ballots becoming available, the secretary of state shall immediately,
3-5	issue and mail, by first class mail, postage prepaid, a mail ballot to each eligible voter who has
3-6	been certified. With respect to voters who have applied for these mail ballots under the provisions
3-7	of subdivision 17-20-2~~(3)~~(1), the secretary of state shall include with the mail ballots a stamped
3-8	return envelope addressed: "Board of Elections, 50 Branch Avenue, Providence, Rhode Island
3-9	02904-2790".
3-10	(2) The secretary of state shall include on the mail ballot envelope a numerical or
3-11	alphabetical code designating the city or town where the voter resides. The secretary of state shall
3-12	immediately thereafter indicate on the voter's record that the secretary of state has sent mail
3-13	ballots provided, that this mark shall serve solely to indicate that a mail ballot has been issued and
3-14	shall not be construed as voting in the election.
3-15	(e) Prior to each election, the secretary of state shall also furnish to the chairperson of the
3-16	state committee of each political party a list of the names and residence addresses of all persons
3-17	to whom mail ballots have been issued. The secretary of state shall also furnish to a candidate for
3-18	political office upon request a list of the names and residence addresses of all persons to whom
3-19	mail ballots have been issued within his or her district.
3-20	~~(f) [Deleted by P.L. 2005, ch. 167, section 2.]~~
3-21	~~(g)~~(f) If a ballot is returned to the secretary of state by the postal service as
3-22	undeliverable, the secretary of state shall consult with the appropriate local board to determine the
3-23	accuracy of the mailing address, and the secretary of state shall be required to remail the ballot to
3-24	the voter using the corrected address provided by the local board. If the local board is unable to
3-25	provide a different address than that to which the ballot was originally mailed, the ballot shall be
3-26	reissued by the secretary of state to the board of canvassers in the city or town where the voter
3-27	resides utilizing the numerical or alphabetical code established in subsection (d) of this section.
3-28	The board shall then attempt to notify the voter at his or her place of residence that the ballot has
3-29	been returned as undeliverable. The ballot must be voted and witnessed in accordance with the
3-30	provisions of this chapter.
3-31	~~(h)~~(g) The acceptance of a mail ballot application by the board of canvassers and the
3-32	issuance of a mail ballot by the secretary of state shall not create any presumption as to the
3-33	accuracy of the information provided by the applicant or as to the applicant's compliance with the
3-34	provisions of this chapter. Any inaccuracy in the provided information or irregularity in the
4-1	application may be raised as a challenge to the ballot before the board of elections at the time of
4-2	certification. If the challenge raised at that time is meritorious, the ballot shall be voided.
4-3	~~(i)~~(h) Within two (2) business days of receipt by the local board, the board shall certify
4-4	emergency mail ballot applications and shall cause the delivery of the emergency mail ballot
4-5	applications, and certification sheet in sealed packages to the state board of elections.
4-6	SECTION 4. Section 27-3-38 of the General Laws in Chapter 27-3 entitled "Surplus
4-7	Lines Insurance" is hereby amended to read as follows:
4-8	27-3-38. Surplus line brokers -- License -- Affidavit of inability to obtain insurance -
4-9	Reports and records - Premium tax - Notice to purchasers. -- (a) The insurance commissioner
4-10	may issue a surplus line broker's license to any person authorizing the licensee to procure, subject
4-11	to the restrictions provided in this section, policies of insurance, except life and health and
4-12	accident, from eligible surplus lines insurers. Residents ~~residents~~ of this state must hold a
4-13	property and casualty insurance producer license to qualify for a surplus lines broker license. This
4-14	license may be denied, suspended or revoked by the insurance commissioner whenever, in the
4-15	commissioner's judgment, any of the bases under section 27-2.4-14 exist. Before any license is
4-16	issued by the insurance commissioner and before each renewal of a license, there shall be filed in
4-17	his or her office a written application by the person desiring the license in the form and
4-18	containing any information, that the insurance commissioner may prescribe. For the purposes of
4-19	carrying out the provisions of the Nonadmitted and Reinsurance Reform Act of 2010, the
4-20	commissioner is authorized to utilize the national insurance producer database of the NAIC, or
4-21	any other equivalent uniform national database, for the licensure of a person as a surplus lines
4-22	producer and for renewal of such license. For insureds whose home state is this state, a person
4-23	shall not procure a contract of surplus lines insurance with a nonadmitted insurer unless the
4-24	person possesses a current surplus lines insurance license issued by the commissioner.
4-25	(b) A Rhode Island resident business entity acting as a surplus line broker may elect to
4-26	obtain a surplus line broker license. Application shall be made using the uniform business entity
4-27	application. Prior to approving the application, the commissioner shall find both of the following:
4-28	(1) The business entity has paid the appropriate fees.
4-29	(2) The business entity has designated a licensed surplus line broker responsible for the
4-30	business entity's compliance with the insurance laws and rules of this state.
4-31	(c) When any policy of insurance is procured under the authority of that license, there
4-32	shall be executed, both by the licensee and by the insured, affidavits setting forth facts showing
4-33	that the insured or a licensed Rhode Island producer were unable, after diligent effort, to procure
4-34	from no less than three (3) admitted insurers the full amount of insurance required to protect the
5-1	property owned or controlled by the insured or the risks insured. Provided, however the
5-2	aforementioned affidavit shall not be required when insuring the following interest: amusement
5-3	parks and devices, environmental improvement and/or remediation sites, vacant property or
5-4	property under renovation, demolition operations, event cancellation due to weather, railroad
5-5	liability, discontinued products, fireworks and pyrotechnics, warehouseman's legal liability,
5-6	excess property coverage, and contingent liability. In addition, no such affidavit is required for
5-7	exempt commercial purchasers as defined by the Nonadmitted and Reinsurance Reform Act of
5-8	2010. For purposes of this section, residual market mechanisms shall not be considered
5-9	authorized insurers. Prior to renewing, continuing, or extending any policy, the licensed surplus
5-10	line broker must confirm that the insurer is on the insurance commissioner's list of approval
5-11	surplus line insurers in this state.
5-12	(d) The licensee shall keep a complete and separate record of all policies procured from
5-13	approved surplus lines insurers under the license and these records shall be open to the
5-14	examination of both the insurance commissioner and tax administrator at all reasonable times,
5-15	and shall show the exact amount of each kind of insurance permitted under this section which has
5-16	been procured for each insured, the gross premiums charged by the insurers for each kind of
5-17	insurance permitted under this section which were returned to each insured, the name of the
5-18	insurer or insurers which issued each of these policies, the effective dates of these policies, and
5-19	the terms for which these policies were issued. The licensee shall file a yearly report with the
5-20	insurance commissioner on a form prescribed by the insurance commissioner showing the
5-21	business procured under the surplus line license for the preceding calendar year, and the report
5-22	shall be due annually on or before April 1.
5-23	(e) Every person, firm, or corporation licensed pursuant to the provisions of this section
5-24	shall file with the insurance commissioner, at the time of the insurance producer license renewal,
5-25	sufficient information as determined by the insurance commissioner whether a licensee or a
5-26	person acting on the licensee's behalf, has paid to the tax administrator, for all policies procured
5-27	by the licensee pursuant to the license during the next preceding calendar year, a tax, computed at
5-28	the rate of four percent (4%) on the gross premiums charged the insured by the insurers, less the
5-29	amount of premiums returned to the insured.
5-30	(f) Every application form for insurance from a surplus lines insurer, every affidavit
5-31	form executed by the insured, and every policy (on its front and declaration pages) issued by the
5-32	surplus lines insurer, shall contain in ten (10) point type the following notice:
5-33	NOTICE
6-34	THIS INSURANCE CONTRACT HAS BEEN PLACED WITH AN INSURER NOT
6-35	LICENSED TO DO BUSINESS IN THE STATE OF RHODE ISLAND BUT APPROVED AS
6-36	A SURPLUS LINES INSURER. THE INSURER IS NOT A MEMBER OF THE RHODE
6-37	ISLAND INSURERS INSOLVENCY FUND. SHOULD THE INSURER BECOME
6-38	INSOLVENT, THE PROTECTION AND BENEFITS OF THE RHODE ISLAND INSURERS
6-39	INSOLVENCY FUND ARE NOT AVAILABLE.
6-40	SECTION 5. Section 28-44-59 of the General Laws in Chapter 28-44 entitled
6-41	"Employment Security - Benefits" is hereby amended to read as follows:
6-42	28-44-59. Severance or dismissal pay allocation. -- For benefit years beginning prior to
6-43	July 1, 2012, for the purpose of determining an individual's benefit eligibility for any week of
6-44	unemployment, any remuneration received by an employee from his or her employer in the nature
6-45	of severance or dismissal pay, whether or not the employer is legally required to pay that
6-46	remuneration, shall be deemed to be wages paid on the last day of employment for services
6-47	performed prior to that date. For benefit years beginning on or after July 1, 2012, for the purpose
6-48	of determining an individual's benefit eligibility for any week of unemployment, any
6-49	remuneration received by an employee from his or her employer in the nature of severance or
6-50	dismissal pay, whether or not the employer is legally required to pay that remuneration, shall be
6-51	allocated on a weekly basis from the individual's last day of work for a period not to exceed
6-52	twenty- six (26) weeks, and the individual will not be entitled to receive benefits for any such
6-53	week for which it has been determined that the individual received severance or dismissal pay.
6-54	Such severance or dismissal pay, if the employer does not specify a set number of weeks, ~~such~~
6-55	shall be allocated using the individual's weekly benefit rate.
6-56	SECTION 6. Section 36-9-48 of the General Laws in Chapter 36-9 entitled "Retirement
6-57	System-Membership and Service Credits" is hereby amended to read as follows:
6-58	36-9-48. Underground storage tank financial review board - Transferred employees.
6-59	-- (a) Definitions. - For the purposes of this section:
6-60	~~(i)~~(1) "UST Board" means the Rhode Island Underground Storage Tank Financial
6-61	Review Board, a governmental agency and a public instrumentality of the state of Rhode Island.
6-62	~~(ii)~~(2) "Transfer date" means July 1, 2006.
6-63	~~(iii)~~(3) "Transferred employee" means any individual who was an employee of the UST
6-64	Board of the state of Rhode Island on the date immediately preceding the transfer date, and who
6-65	became an employee of the state of Rhode Island, department of environmental management on
6-66	the transfer date.
6-67	(b) Transferred employees who return to employment with the state of Rhode Island
6-68	directly from uninterrupted employment with the Rhode Island Underground Storage Tank
7-1	Financial Responsibility Review Board shall have their length of service at the UST Board
7-2	deemed to be uninterrupted active state service for the purposes of service credits in the state
7-3	retirement system.
7-4	(c) The period of service of any transferred employee from December 29, 2002, to the
7-5	date of transfer shall be treated as service as an employee of the state of Rhode Island for the
7-6	purposes of chapters 8, 9 and 10 of this title.
7-7	(d) The provisions of subsection (b) of this section shall not apply unless within ninety
7-8	(90) days following the date of enactment of this section [July 1, 2006] the UST Board transfers,
7-9	or causes to have transferred from a trustee or other custodian, to the retirement system, an
7-10	amount equal to the sum of the employees contribution accumulation and the employer
7-11	contribution accumulation. The amount of transfer shall be determined by the retirement board at
7-12	full actuarial cost as defined by Rhode Island general law ~~section 36-8.1-9~~ subdivision 36-8-1(10)
7-13	for the period of service December 29, 2002, to the transfer date. This will be reduced by the
7-14	transfer to the retirement board of any and all contributions made to the UST Board's Simple IRA
7-15	by and on behalf of the transferred employees.
7-16	(e) Transferred employees who return to service with the state of Rhode Island directly
7-17	from uninterrupted employment with the Rhode Island Underground Storage Tank Financial
7-18	Review Board, henceforth referred to as "UST Board" shall have their length of service at the
7-19	UST Board deemed to be uninterrupted active state service for purposes of service credits in the
7-20	state retirement system.
7-21	SECTION 7. Section 37-2.4-3 of the General Laws in Chapter 37-2.4 entitled
7-22	"Habilitation Procurement Program" is hereby amended to read as follows:
7-23	37-2.4-3. Purchasing. -- (a) This section shall not apply with respect to the procurement
7-24	of any commodity which is available for procurement from an entity established pursuant to
7-25	chapter 13-7 ("Prisoner Made Goods") or chapter 40-9 ("Services for People who are Blind or
7-26	Visually Impaired") of the general laws and as provided under subsection (e) of this section and
7-27	notwithstanding any provision in this chapter or the general or public laws to the contrary, any
7-28	state agency shall purchase goods and services produced by a habilitation facility using the
7-29	preferred procurement contract list approved pursuant to subdivision 37-2.4-2(b)(3) providing
7-30	that:
7-31	(1) The goods or services offered for sale by a habilitation facility reasonably conform to
7-32	the needs and specifications of the public procurement unit;
7-33	(2) The habilitation facility can supply the goods or services within a reasonable time;
7-34	and
8-1	(3) The price of the goods or services is reasonably competitive with the cost of
8-2	procuring the goods or services from another source.
8-3	(b) If there is no price agreement in place that a state agency plans to use, a price can be
8-4	negotiated between the habilitation facility that can meet the specifications of the board. The
8-5	board will make a recommendation to the director of administration.
8-6	(c) Existing multi-year contracts can continue through their term. New multi-year
8-7	requirements for services must follow the process for purchasing from the habilitation facility.
8-8	(d) Each habilitation facility:
8-9	(1) May submit a price for a product or service to the board at any time and not
8-10	necessarily in response to a request for bids; and
8-11	(2) Shall certify on any bid it submits to the board or to a public procurement unit under
8-12	this section that is claiming a preference under this section.
8-13	(e) During a fiscal year, the requirement for a public procurement unit to purchase goods
8-14	and services produced by a habilitation facility under the preferred procurement list under
8-15	subsections ~~37-2.4-4~~ 37-2.4-3(a), (b) and (c) does not apply if the division of purchasing and
8-16	general services determines that the total amount of procurement contracts with habilitation
8-17	facilities has reached three million dollars ($3,000,000) for that fiscal year. The total amount of
8-18	procurement contracts can be changed with a recommendation by the board and approval from
8-19	the director of administration.
8-20	(f) Any state agency that has awarded a solicitation for goods and services to a certified
8-21	habilitation facility shall, before the expiration of the term of the contract, renegotiate a fair and
8-22	reasonable price for the services with the certified habilitation facility that has performed the
8-23	services for the state agency. The state agency is not permitted to solicit new bids for the product
8-24	or service unless one of the following occurs:
8-25	(1) The certified habilitation facility no longer wishes to perform the services for the
8-26	state agency;
8-27	(2) The state agency decides to perform the services internally and hires employees who
8-28	will be employees of the state to perform the services;
8-29	(3) The state agency no longer needs the service that was provided by the habilitation
8-30	facility;
8-31	(4) The habilitation facility has not met the requirements for the services offered; or
8-32	(5) The habilitation facility and the state agency are unable to agree to fair and
8-33	reasonable terms of a new contract for the habilitation facility's services during the negotiation
8-34	process.
9-1	(g) Any state agency that has awarded a solicitation for services to a certified habilitation
9-2	facility shall report to the board regarding the progress of the solicitation once a year.
9-3	SECTION 8. Section 44-7-11 of the General Laws in Chapter 44-7 entitled "Collection of
9-4	Taxes Generally" is hereby amended to read as follows:
9-5	44-7-11. Collectors to furnish statements of liens. -- (a) Cities, towns or fire districts. -
9-6	The collector of taxes for any city, town, or fire district shall, on written application by any
9-7	person, and within five (5) days thereafter, excluding Saturdays, Sundays, and holidays, furnish to
9-8	the applicant a single certificate of all taxes and other assessments, including water rates and
9-9	charges, which at the time constitute liens on the parcel of real estate specified in the application
9-10	and are payable on account of the real estate. The certificate shall be itemized and shall show the
9-11	amounts payable on account of all taxes and assessments, rates, fees and charges, so far as the
9-12	amounts are fixed and ascertained, and if the amounts are not then ascertainable, it shall be
9-13	expressed in the certificate. In addition, the tax certificate shall include: (1) a statement as to
9-14	whether there are any tax sales scheduled which would affect the parcel of real estate noted in the
9-15	certificate; and (2) a statement as to whether any of taxes or other assessments noted on the tax
9-16	certificate as being paid in full were paid as the result of a sale held pursuant to the provisions of
9-17	chapter 9 of this title within the twelve (12) month period immediately preceding issuance of the
9-18	certificate. Any city or town officer or board doing any act toward establishing any tax
9-19	assessment, lien, fees or charge upon any real estate in the city or town shall transmit a notice of
9-20	that act to the collector of taxes. The collector of taxes shall charge not more than twenty-five
9-21	dollars ($25.00) for each certificate so issued, and the money so received shall be paid into the
9-22	city or town treasury. A certificate issued on or after October 1, 1966, under this section may be
9-23	filed or recorded with the land evidence records of the city or town in which the real estate shall
9-24	be situated within sixty (60) days after its date, and if filed or recorded shall operate to discharge
9-25	the parcel of real estate specified from the liens for all taxes, assessments or portions, rates, fees
9-26	and charges which do not appear by the certificate to constitute liens, except the taxes,
9-27	assessments or portions, rates, fees and charges which have accrued within one year immediately
9-28	preceding the date of the certificate; provided, that they are noted in the certificate, and the taxes,
9-29	assessments or portions, rates, and charges concerning which a statement has been filed or
9-30	recorded in the land evidence records. A certificate issued under this section shall not affect the
9-31	obligation of any person liable for the payment of any tax, assessment, rate, fee, or charge.
9-32	(b) The fee to be paid for filing the certificate with the registry of deeds is eight dollars
9-33	($8.00).
10-34	(c) Barrington. - In the town of Barrington, the tax collector shall, upon application for
10-35	any municipal lien certificate, include and attach to the certificate at no additional fee, a separate
10-36	motor vehicle excise tax certificate setting forth all motor vehicle excise taxes which at the time
10-37	are due and payable to the town on account of any owner of any real estate referenced in the
10-38	application. The closing agent presiding at the closing on any transfer of the real estate shall
10-39	collect all sums due as set forth on the motor vehicle excise tax certificate and transmit the sums
10-40	to the tax collector along with the forwarding address of the owner transferring the real estate.
10-41	(d) Warren. - In the town of Warren, the tax collector shall, upon application for any
10-42	municipal lien certificate, include and attach to the certificate at no additional fee, a separate
10-43	motor vehicle excise tax certificate setting forth all motor vehicle excise taxes which at the time
10-44	are due and payable to the town on account of any owner of any real estate referenced in the
10-45	application. The closing agent presiding at the closing on any transfer of the real estate shall
10-46	collect all sums due as set forth on the motor vehicle excise tax certificate and transmit the sums
10-47	to the tax collector along with the forwarding address of the owner transferring the real estate.
10-48	(e) Smithfield. - In the town of Smithfield, the tax collector shall, upon application for
10-49	any municipal lien certificate, include and attach to the certificate at no additional fee, a separate
10-50	motor vehicle excise tax certificate setting forth all motor vehicle excise taxes which at the time
10-51	are due and payable to the town on account of any owner of any real estate referenced in the
10-52	application. The closing agent presiding at the closing on any transfer of the real estate shall
10-53	collect the sums due as set forth on the motor vehicle excise tax certificate and transmit the sums
10-54	to the tax collector along with the forwarding address of the owner transferring any real estate.
10-55	This section does not apply to refinancing transactions or to transfers of real estate within a
10-56	family without consideration.
10-57	(f) City, town or fire district. - The collector of taxes for any city, town, or fire district
10-58	may, upon application for any municipal lien certificate, include and attach to the certificate at no
10-59	additional fee, a separate motor vehicle excise tax certificate setting forth all motor vehicle excise
10-60	taxes which at the time are due and payable to the town on account of any owner of any real
10-61	estate referenced in the application. The closing agent presiding at the closing on any transfer of
10-62	the real estate shall collect all sums due as set forth on the motor vehicle excise tax certificate and
10-63	transmit the sums to the tax collector along with the forwarding address of the owner transferring
10-64	any real estate. This section does not apply to refinancing transactions or to transfers of real estate
10-65	within a family without consideration.
10-66	(g) Scituate. - In the town of Scituate, the tax collector shall, upon application for any
10-67	municipal lien certificate, include and attach to the certificate at no additional fee, a separate
10-68	motor vehicle excise tax certificate setting forth all motor vehicle excise taxes which at the time
11-1	are due and payable to the town on account of any owner of any real estate referenced in the
11-2	application. The closing agent presiding at the closing on any transfer of the real estate shall
11-3	collect all sums due as set forth on the motor vehicle excise tax certificate and transmit the sums
11-4	to the tax collector along with the forwarding address of the owner transferring the real estate.
11-5	(h) Bristol. - In the town of Bristol, the tax collector shall, upon application for any
11-6	municipal lien certificate, include and attach to the certificate at no additional fee, a separate
11-7	motor vehicle excise tax certificate setting forth all motor vehicle excise taxes which at the time
11-8	are due and payable to the town on account of any owner of any real estate referenced in the
11-9	application. The closing agent presiding at the closing on any transfer of the real estate shall
11-10	collect all sums due as set forth on the motor vehicle excise tax certificate and transmit the sums
11-11	to the tax collector along with the forwarding address of the owner transferring the real estate.
11-12	(i) East Greenwich. - In the town of East Greenwich, the tax collector shall, upon
11-13	application for any municipal lien certificate, include and attach to the certificate at no additional
11-14	fee, a separate motor vehicle excise tax certificate setting forth all motor vehicle excise taxes
11-15	which at the time are due and payable to the town on account of any owner of any real estate
11-16	referenced in the application. The closing agent presiding at the closing on any transfer of the real
11-17	estate shall collect the sums due as set forth on the motor vehicle excise tax certificate and
11-18	transmit the sums to the tax collector along with the forwarding address of the owner transferring
11-19	any real estate. This section does apply to refinancing transactions or to transfers of real estate
11-20	within a family without consideration.
11-21	SECTION 9. Section 8-2-39 of the General Laws in Chapter 8-2 entitled "Superior
11-22	Court" is hereby amended to read as follows:
11-23	8-2-39. General magistrate -- Appointment, duties and powers. -- (a) There is hereby
11-24	created within the superior court the position of general magistrate who shall be appointed by the
11-25	presiding justice of the superior court, with the advice and consent of the senate, for a term of ten
11-26	(10) years and until a successor is appointed and qualified. Nothing herein shall be construed to
11-27	prohibit the assignment of the general magistrate to more than one such term, subject to the
11-28	advice and consent of the senate. The person appointed to serve as general magistrate shall be a
11-29	member of the bar of Rhode Island. The powers and duties of the general magistrate shall be
11-30	prescribed in the order appointing him or her.
11-31	(b) (1) The general magistrate shall assist the court in:
11-32	(i) The determination of, monitoring, collection, and payment of restitution and court
11-33	ordered fines, fees, and costs or the ordering of community service in lieu of or in addition to the
11-34	payment of restitution, fines, fees, and costs, consistent with other provisions of the general laws;
12-1	(ii) The determination and payment of claims under the violent crimes indemnity fund
12-2	for the Criminal Injuries Compensation Act of 1972, chapter 25 of title 12;
12-3	(iii) The determination and payment of claims from the Criminal Royalties Distribution
12-4	Act of 1983, chapter 25.1 of title 12; and
12-5	(iv) Such other matters as the presiding justice of the superior court determines are
12-6	necessary.
12-7	(2) The chief justice of the supreme court, with the consent of the presiding justice and,
12-8	if applicable, the chief judge of a particular court, may assign the general magistrate to serve as a
12-9	magistrate in any court of the unified system. When the general magistrate is so assigned he or
12-10	she shall be vested, authorized, and empowered with all the powers belonging to the magistrate
12-11	position to which he or she is specially assigned.
12-12	(c) The general magistrate will be empowered to hear all motions, pretrial conferences,
12-13	arraignments, probable cause hearings, bail hearings, bail and probation revocation hearings, and
12-14	to review all such matters including, but not limited to the above, and to modify the terms and
12-15	conditions of probation and other court-ordered monetary payments including, but not limited to,
12-16	the extension of time for probation and court-ordered monetary payments as provided by law.
12-17	The general magistrate shall have the power to take testimony in connection with all matters set
12-18	forth herein.
12-19	(d) The general magistrate may be authorized:
12-20	(1) To regulate all proceedings before him or her;
12-21	(2) To do all acts and take all measures necessary or proper for the efficient performance
12-22	of his or her duties;
12-23	(3) To require the production before him or her of books, papers, vouchers, documents,
12-24	and writings;
12-25	(4) To rule upon the admissibility of evidence;
12-26	(5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to
12-27	examine them, and to call parties to the proceeding and examine them upon oath;
12-28	(6) To adjudicate a person in contempt and to order him or her imprisoned for not more
12-29	than seventy-two (72) hours, pending review by a justice of the relevant court, for failure to
12-30	appear in response to a summons or for refusal to answer questions or produce evidence or for
12-31	behavior disrupting a proceeding;
12-32	(7) To adjudicate a party in contempt and to order him or her imprisoned for not more
12-33	than seventy-two (72) hours, pending review by a justice of the relevant court, for failure to
12-34	comply with a pending order to provide payment or to perform any other act; and
13-1	(8) To issue a capias and/or body attachment upon the failure of a party or witness to
13-2	appear after having been properly served and, should the court not be in session, the person
13-3	apprehended may be detained at the adult correctional institutions, if an adult, or at the Rhode
13-4	Island training school for youth, if a child, until the next session of the court.
13-5	(e) A party aggrieved by an order entered by the general magistrate shall be entitled to a
13-6	review of the order by a justice of the relevant court. Unless otherwise provided in the rules of
13-7	procedure of the court, such review shall be on the record and appellate in nature. The court shall,
13-8	by rules of procedure, establish procedures for review of orders entered by a general magistrate,
13-9	and for enforcement of contempt adjudications of a general magistrate.
13-10	(f) Final orders of the superior or family court entered in a proceeding to review an order
13-11	of a general magistrate may be appealed to the supreme court. Final orders of the district court
13-12	entered in a proceeding to review an order of the general magistrate may be appealed to the
13-13	superior court.
13-14	(g) The general magistrate shall:
13-15	(1) Receive all credits and retirement allowances as afforded justices under chapter 3 of
13-16	this title and any other applicable law, including without limitation, section 8-3-16;
13-17	(2) Receive a salary equivalent to that of a district court judge;
13-18	~~(3) (Repealed);~~
13-19	~~(4)~~(3) Be governed by the commission on judicial tenure and discipline, chapter 16, of
13-20	this title, in the same manner as justices and judges;
13-21	~~(5)~~(4) Be subject to all provisions of the canons of judicial ethics or code of judicial
13-22	conduct;
13-23	~~(6)~~(5) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and
13-24	11-7-2.
13-25	(h) The provisions of this section shall be afforded liberal construction.
13-26	(i) The presiding justice of the superior court shall initially appoint such support staff as
13-27	may be necessary, relating to preparation, investigation, and implementation of the general
13-28	magistrate's functions. Effective November 15, 1993, the support staff shall be placed under the
13-29	supervision and management of the superior court, and new appointments or personnel changes in
13-30	the support staff shall be subject to the directions and approval of the superior court, consistent
13-31	with any applicable collective bargaining agreements. The general magistrate shall have the
13-32	power and authority to issue subpoenas and to compel the attendance of witnesses at any place
13-33	within the state, to administer oaths and to require testimony under oath. The general magistrate,
13-34	or his or her designee, may serve his or her process or notices in a manner provided for the
14-1	service of process and notice in civil or criminal actions in accordance with the rules of court.
14-2	SECTION 10. Sections 8-3-7 and 8-3-8 of the General Laws in Chapter 8-3 entitled
14-3	"Justices of Supreme, Superior, and Family Courts" are hereby amended to read as follows:
14-4	8-3-7. Retirement of justices on reduced pay -- Assignment as associate justices. --
14-5	(a) Whenever any person engaged as a judge:
14-6	(1) On or before [July 2, 1997] has served as a justice of the supreme court, the superior
14-7	court, the family court, the district court, or any combination thereof for twenty (20) years, or has
14-8	so served for ten (10) years and has reached the age of sixty-five (65) years, that justice may
14-9	retire from active service and thereafter the justice shall receive annually during life a sum equal
14-10	to three-fourths (3/4) of the annual salary that the justice was receiving at the time of retirement;
14-11	(2) Subsequent to July 2, 1997 and prior to January 1, 2009, has served as a justice of the
14-12	supreme court, the superior court, the family court, the district court or any combination thereof,
14-13	for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty-five
14-14	(65) years, said justice may retire from active service and thereafter said justice shall receive
14-15	annually during life a sum equal to three-fourths (3/4) of his or her average highest three (3)
14-16	consecutive years of compensation;
14-17	(3) On or after January 1, 2009, has served as a justice of the supreme court, the superior
14-18	court, the family court, the district court or any combination thereof, for twenty (20) years, or has
14-19	so served for ten (10) years and has reached the age of sixty-five (65) years, said justice may
14-20	retire from active service and thereafter said justice shall receive annually during life a sum equal
14-21	to seventy percent (70%) of his or her average highest three (3) consecutive years of
14-22	compensation.
14-23	(4) On or after July 1, 2009, shall have served as a justice of the supreme court, the
14-24	superior court, the family court, the district court, or any of them for twenty (20) years, or has
14-25	served for ten (10) years, and reached the age of sixty-five (65) years, said justice may retire from
14-26	regular active service and thereafter said justice shall receive annually during his or her life a sum
14-27	equal to sixty-five percent (65%) of his or her average highest five (5) consecutive years of
14-28	compensation.
14-29	(b) Whenever a justice or magistrate shall be granted a leave of absence without pay,
14-30	such absence shall not be credited towards active service time for the purposes of retirement.
14-31	(c) Any justice in any of the courts who shall retire in accordance with the provisions of
14-32	this section or section 36-9-5 may, at his or her own request and at the direction of the chief
14-33	justice of the supreme court, subject to the retiree's physical and mental competence, be assigned
14-34	to perform such services as an associate justice of the superior court, or the family court, or the
15-1	district court as the presiding justice of the superior court, or the chief judge of the family court,
15-2	or the district shall prescribe. When so assigned and performing such service, the justice shall
15-3	have all the powers and authority of an associate justice of the superior court, the family court, or
15-4	the district court but otherwise shall have no powers nor be authorized to perform any judicial
15-5	duties. Such a retired justice shall not be counted in the number of judges provided by law for the
15-6	superior court, the family court, or the district court.
15-7	(d) Any justice of the supreme court who shall retire in accordance with the provisions of
15-8	this section shall at the direction of the chief justice of the supreme court, subject to the retiree's
15-9	physical and mental competence, be assigned to perform such services as an associate justice of
15-10	the supreme court as the chief justice of the supreme court shall prescribe. When so assigned and
15-11	performing such services, the retiree shall have all the powers and authority of an associate justice
15-12	of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform
15-13	any judicial duties relating to the supreme court, except as authorized under section 8-1-1. Such a
15-14	retired justice shall not be counted in the number of justices provided by law for the supreme
15-15	court.
15-16	8-3-8. Retirement of justices on full pay -- Assignment as associate justices. -- (a)
15-17	Whenever any person engaged as a judge:
15-18	(1) On or before [July 2, 1997] shall have served as a justice of the supreme court, the
15-19	superior court, the family court, the district court, or any of them for twenty (20) years and has
15-20	reached the age of sixty-five (65) years, or has served for fifteen (15) years, and reached the age
15-21	of seventy (70) years, that justice may retire from regular active service and thereafter the justice
15-22	shall receive annually during his or her life a sum equal to the annual salary the justice was
15-23	receiving at the time of his or her retirement;
15-24	(2) Subsequent to July 2, 1997 and prior to January 1, 2009, shall have served as a
15-25	justice of the supreme court, the superior court, the family court, the district court, or any of them
15-26	for twenty (20) years and has reached the age of sixty-five (65) years, or has served for fifteen
15-27	(15) years, and reached the age of seventy (70) years, said justice may retire from regular active
15-28	service and thereafter said justice shall receive annually during his or her life a sum equal to his
15-29	or her average highest three (3) consecutive years of compensation.
15-30	(3) On or after January 1, 2009, shall have served as a justice of the supreme court, the
15-31	superior court, the family court, the district court, or any of them for twenty (20) years and has
15-32	reached the age of sixty-five (65) years, or has served for fifteen (15) years, and reached the age
15-33	of seventy (70) years, said justice may retire from regular active service and thereafter said justice
15-34	shall receive annually during his or her life a sum equal to ninety percent (90%) of his or her
16-1	average highest three consecutive years of compensation.
16-2	(4) On or after July 1, 2009, shall have served as a justice of the supreme court, the
16-3	superior court, the family court, the district court, or any of them for twenty (20) years and has
16-4	reached the age of sixty-five (65) years, or has served for fifteen (15) years, and reached the age
16-5	of seventy (70) years, said justice may retire from regular active service and thereafter said justice
16-6	shall receive annually during his or her life a sum equal to eighty percent (80%) of his or her
16-7	average highest five (5) consecutive years of compensation.
16-8	(b) Whenever a justice or magistrate shall be granted a leave of absence without pay,
16-9	such absence shall not be credited towards active service time for the purposes of retirement.
16-10	(c) Any justice of any of the courts who shall retire in accordance with the provisions of
16-11	this section shall at the direction of the chief justice of the supreme court, subject to the retiree's
16-12	physical and mental competence, be assigned to perform such services as an associate justice of
16-13	the superior court, or the family court, or the district court as the presiding justice of the superior
16-14	court, or the chief judge of the family court, or the district court shall prescribe. When so assigned
16-15	and performing such service, the retiree shall have all the powers and authority of an associate
16-16	justice of the superior court, the family court, or the district court but otherwise he or she shall
16-17	have no powers nor be authorized to perform any judicial duties. Such a retired justice shall not
16-18	be counted in the number of judges provided by law for the superior court, the family court, or the
16-19	district court.
16-20	(d) Any justice of the supreme court who shall retire in accordance with the provisions of
16-21	this section shall at the direction of the chief justice of the supreme court, subject to the retiree's
16-22	physical and mental competence, be assigned to perform such services as an associate justice of
16-23	the supreme court as the chief justice of the supreme court shall prescribe. When so assigned and
16-24	performing such services, the retiree shall have all the powers and authority of an associate justice
16-25	of the supreme court, but otherwise he or she shall have no powers nor be authorized to perform
16-26	any judicial duties relating to the supreme court, except as authorized under section 8-1-1. Such a
16-27	retired justice shall not be counted in the number of justices provided by law for the supreme
16-28	court.
16-29	SECTION 11. Sections 8-8-8.1 and 8-8-12 of the General Laws in Chapter 8-8 entitled
16-30	"District Court" are hereby amended to read as follows:
16-31	8-8-8.1. Administrator/clerk -- Magistrate. -- (a) Administrator/clerk. - There shall be a
16-32	district court administrator/clerk who shall be appointed by the chief judge in his or her capacity
16-33	as administrative head of the court, and who shall hold office at the pleasure of the administrative
16-34	judge. The administrator/clerk shall perform such duties and attend to such matters as may be
17-1	assigned to the administrator/clerk by the administrative judge, other than those duties assigned to
17-2	the chief clerk in section8-8-19. Said duties may be assigned by the chief judge.
17-3	(b) Magistrate. - Any person holding the position of district court administrator/clerk
17-4	who is a member of the bar of Rhode Island may be appointed district court magistrate by the
17-5	chief judge in his or her capacity as administrative head of the court, subject to the advice and
17-6	consent of the senate. The district court magistrate shall hold said office for a term of ten (10)
17-7	years and until a successor is appointed and qualified; and the magistrate shall retain whatever
17-8	right he or she may have to the position of district court administrator/clerk pursuant to this
17-9	section. Nothing herein shall be construed to prohibit the appointment of the magistrate for more
17-10	than one term, subject to the advice and consent of the senate. Any person holding office of
17-11	district court magistrate on July 1, 1999 may continue in full authority in said position until such
17-12	time as an appointment is made and the nominee qualified pursuant to this subsection.
17-13	(c) The district court magistrate shall have the power to hear and determine such matters
17-14	as may be assigned to the district court magistrate by the chief judge all to the same effect as if
17-15	done by a judge of the district court, including but not limited to:
17-16	(1) Matters relating to the determination of, monitoring, collection, and payment of
17-17	restitution and court ordered fines, fees, and costs or the ordering of community service in lieu of
17-18	or in addition to the payment of restitution, fines, fees, and costs, consistent with other provisions
17-19	of the general laws;
17-20	(2) Arraignments and pretrial motions in misdemeanor, petty misdemeanor, violation,
17-21	and ordinance cases and initial appearances and probable cause hearings in felony cases;
17-22	(3) Bail hearings pursuant to R.I. Const., Art. I, Sec. IX and all other bail matters
17-23	pursuant to chapter 13 of title 12 and the rules of criminal procedure, including but not limited to
17-24	motions to modify bail, bail revocation hearings, bail forfeiture hearings, and bail source
17-25	hearings;
17-26	(4) All matters relating to fugitives from justice pursuant to chapter 9 of title 12;
17-27	(5) Probation revocation hearings;
17-28	(6) All matters relating to small claims and consumer claims pursuant to chapter 16 of
17-29	title 10, including any pretrial motions including motions relating to the special service of
17-30	process, the entry of defaults and default judgments, the trial of such cases and the entry of
17-31	judgment after such trials, and all matters relating to the enforcement of such judgments,
17-32	including but not limited to the ordering of installment payments and trustee process; and
17-33	(7) Complaints for judicial review of the decision of an administrative agency pursuant
17-34	to chapter 35 of title 42 by making proposed findings of fact and recommendations for the
18-1	disposition of the complaints to a judge of the court. Any party may object to any portion of the
18-2	magistrate's proposed findings and recommendations within ten (10) days after receipt of a copy
18-3	thereof. That party shall file with the clerk of the sixth division of the district court and serve on
18-4	all parties written objections which shall specifically identify the portions of the proposed
18-5	findings and recommendations to which objection is made and the basis for the objection. A
18-6	judge shall make a de novo determination of those portions to which objection is made and may
18-7	accept, reject, or modify, in whole or in part, the findings or recommendations made by the
18-8	magistrate. Absent a timely objection filed in accordance with this subdivision, the proposed
18-9	prevailing party shall, upon expiration of the ten (10) days following the service of the
18-10	magistrate's proposed findings and recommendations, submit a proposed order for signature of
18-11	the judge to whom the case has been assigned.
18-12	~~(8) [Deleted by P.L. 2008, ch. 1, section 3_.~~
18-13	(d) The magistrate may be authorized:
18-14	(1) To regulate all proceedings before him or her;
18-15	(2) To do all acts necessary or proper for the efficient performance of his or her duties;
18-16	(3) To require the production before him or her of books, papers, vouchers, documents,
18-17	and writings;
18-18	(4) To rule upon the admissibility of evidence;
18-19	(5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to
18-20	examine them, and to call parties to the proceeding and examine them upon oath;
18-21	(6) To adjudicate a person in contempt and to order him or her fined or to order him or
18-22	her imprisoned for not more than seventy-two (72) hours, pending review by a judge of the court,
18-23	for failure to appear in response to a summons or for refusal to answer questions or produce
18-24	evidence or for behavior disrupting a proceeding or other contempt of his or her authority;
18-25	(7) To adjudicate a person in contempt and to order him or her fined or to order him or
18-26	her imprisoned for not more than seventy-two (72) hours, pending review by a judge of the court,
18-27	for failure to comply with a pending order to provide payment or to perform any other act;
18-28	(8) To issue a capias and/or body attachment for the failure of a party or witness to
18-29	appear after having been properly served or given notice by the court and, should the court not be
18-30	in session, the person apprehended may be detained at the adult correctional institution, if an
18-31	adult, or at the Rhode Island training school for youth, if a child, until the next session of the
18-32	court;
18-33	(9) To issue writs of habeas corpus to bring before him or her or a judge of the court any
18-34	person in jail or in prison to be examined as a witness in a suit or proceeding, civil or criminal,
19-1	pending before the court, or whose presence is necessary as a party or otherwise necessary so that
19-2	the ends of justice may be attained, and for no other purpose; and
19-3	(10) To issue warrants of arrest and search warrants to the same extent as an associate
19-4	judge of the court.
19-5	(e) Except as otherwise indicated, a party aggrieved by an order entered by the district
19-6	court magistrate shall be entitled to a review of the order, whether by appeal or otherwise, by a
19-7	judge of the court. The court shall, by rules of procedure, establish procedures for review of
19-8	contempt and adjudications of the magistrate.
19-9	(f) The magistrate shall be:
19-10	(1) Governed by the commission on judicial tenure and discipline, chapter 16 of this
19-11	title, in the same manner as justices and judges;
19-12	(2) Subject to all provisions of the canons of judicial ethics;
19-13	(3) Subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.
19-14	(g) The provisions of this section shall be afforded liberal construction.
19-15	8-8-12. Duties of chief judge. -- (a) The chief judge shall be the administrative head of
19-16	the district court and shall be responsible for its operation and the efficient use of its manpower.
19-17	To this end he or she shall:
19-18	(1) Hold court in any division when he or she deems it necessary;
19-19	(2) Assign judges to hold court in the various divisions;
19-20	(3) Designate the place or places for holding court in each division;
19-21	(4) Fix the time for holding court in each division and supervise the calendars;
19-22	(5) Report annually to the chief justice of the supreme court on the state of the business
19-23	of the district court;
19-24	(6) Supervise the collection and publication of statistics pertaining to the court;
19-25	(7) Supervise the management of the records of the court;
19-26	(8) Determine the time of vacations to be taken by the district judges;
19-27	(9) Preside over the district court conference and designate the time and place that it
19-28	shall be held;
19-29	(10) Promulgate rules and regulations relating to:
19-30	(i) The licensing of constables to serve certain district court civil process; and
19-31	(ii) The duties and conduct of licensed constables;.
19-32	~~(11) [Deleted by P.L. 2007, ch. 154, section 1 and P.L. 2007, ch. 160, section 1_.~~
19-33	(b) The chief judge of the district court may designate an associate judge of the district
19-34	court as administrative judge of the district court. The administrative judge may exercise such
20-1	administrative authority as may be delegated to him or her by the chief judge. The administrative
20-2	judge shall receive an increase in compensation which shall be set pursuant to section 8-15-4.
20-3	(c) The chief judge of the district court shall appoint sufficient court recorders to enable
20-4	all proceedings to be recorded by electronic means and who shall assist in such other clerical
20-5	duties subject to the labor laws of this state and applicable collective bargaining agreement as
20-6	may be prescribed from time to time by the chief judge of the district court.
20-7	SECTION 12. Section 8-8.1-1 of the General Laws in Chapter 8-8.1 entitled "Domestic
20-8	Assault" is hereby amended to read as follows:
20-9	8-8.1-1. Definitions. -- The following words as used in this chapter shall have the
20-10	following meanings:
20-11	(1) "Cohabitants" means emancipated minors or persons eighteen (18) years of age or
20-12	older, not related by blood or marriage, who together are not the legal parents of one or more
20-13	children, and who have resided together within the preceding three (3) years or who are residing
20-14	in the same living quarters.
20-15	(2) "Course of conduct" means a pattern of conduct composed of a series of acts over a
20-16	period of time, evidencing a continuity of purpose. Constitutionally protected activity is not
20-17	included within the meaning of "course of conduct."
20-18	~~(2)~~(3) "Courts" means the district court.
20-19	(4) "Cyberstalking" means transmitting any communication by computer to any person or
20-20	causing any person to be contacted for the sole purpose of harassing that person or his or her
20-21	family.
20-22	~~(3)~~(5) "Domestic abuse" means the occurrence of one or more of the following acts
20-23	between cohabitants or against the minor child of a cohabitant, or the occurrence of one or more
20-24	of the following acts between persons who are or have been in a substantive dating or
20-25	engagement relationship within the past one year or against a minor child in the custody of the
20-26	plaintiff; "domestic abuse" shall be determined by the court's consideration of the following
20-27	factors:
20-28	(i) The length of time of the relationship;
20-29	(ii) The type of the relationship;
20-30	(iii) The frequency of the interaction between the parties;
20-31	(iv) Attempting to cause or causing physical harm;
20-32	(v) Placing another in fear of imminent serious physical harm;
20-33	(vi) Causing another to engage involuntarily in sexual relations by force, threat of force,
20-34	or duress; or
21-1	(vii) Stalking or cyberstalking.
21-2	(6) "Harassing" means following a knowing and willful course of conduct directed at a
21-3	specific person with the intent to seriously alarm, annoy, or bother the person, and which serves
21-4	no legitimate purpose. The course of conduct must be such as would cause a reasonable person to
21-5	suffer substantial emotional distress, or be in fear of bodily injury.
21-6	~~(4)~~(7) "Sole legal interest" means defendant has an ownership interest in the residence
21-7	and plaintiff does not; or defendant's name is on the lease and plaintiff's is not.
21-8	~~(5)~~(8) "Stalking" means harassing another person or willfully, maliciously and
21-9	repeatedly following another person with the intent to place that person in reasonable fear of
21-10	bodily injury;.
21-11	~~(6) "Cyberstalking" means transmitting any communication by computer to any person~~
21-12	~~or causing any person to be contacted for the sole purpose of harassing that person or his or her~~
21-13	~~family;~~
21-14	~~(7) "Harassing" means following a knowing and willful course of conduct directed at a~~
21-15	~~specific person with the intent to seriously alarm, annoy, or bother the person, and which serves~~
21-16	~~no legitimate purpose. The course of conduct must be such as would cause a reasonable person to~~
21-17	~~suffer substantial emotional distress, or be in fear of bodily injury;~~
21-18	~~(8) "Course of conduct" means a pattern of conduct composed of a series of acts over a~~
21-19	~~period of time, evidencing a continuity of purpose. Constitutionally protected activity is not~~
21-20	~~included within the meaning of "course of conduct."~~
21-21	SECTION 13. Sections 8-8.2-1, 8-8.2-11 and 8-8.2-15 of the General Laws in Chapter 8-
21-22	8.2 entitled "Traffic tribunal" are hereby amended to read as follows:
21-23	8-8.2-1. Establishment -- Rule-making authority -- Adjudication of violations. -- (a)
21-24	There is hereby established a traffic tribunal which shall be charged with the administration and
21-25	adjudication of traffic violations within its jurisdiction. The traffic tribunal shall be under the
21-26	supervision of the chief magistrate of the traffic tribunal, who shall be the administrative head of
21-27	the traffic tribunal and shall have the power to make rules for regulating practice, procedure and
21-28	business within the traffic tribunal. Pursuant to section 8-6-2, said rules shall be subject to the
21-29	approval of the supreme court. Such rules, when effective, shall supersede any statutory
21-30	regulation in conflict therewith. Any person who has been a member of the bar of Rhode Island
21-31	may be appointed chief magistrate of the traffic tribunal. The chief magistrate of the traffic
21-32	tribunal shall be appointed by the chief justice of the supreme court, with the advice and consent
21-33	of the senate, for a period of ten (10) years and until a successor is appointed and qualified.
21-34	Nothing contained herein shall be construed to prohibit the reappointment of the chief magistrate
22-1	for one or more ten (10) year terms subject to the advice and consent of the senate. Compensation
22-2	for the chief magistrate shall be equal to that of an associate judge of the district court.
22-3	(b) The judges and magistrates of the traffic tribunal shall hear and determine cases as
22-4	provided by law. No district court judge appointed pursuant to chapter 8 of this title shall be
22-5	assigned to perform duties of a judge or magistrate of the traffic tribunal under this chapter. The
22-6	chief magistrate of the traffic tribunal may assign a judge or magistrate who is authorized to hear
22-7	and decide cases in the traffic tribunal to serve as administrative judge or magistrate of the traffic
22-8	tribunal and the administrative judge or magistrate shall perform such administrative duties as
22-9	may be delegated to him or her by the chief magistrate. Once assigned to the position, the
22-10	administrative judge or magistrate shall hold said administrative position for the remainder of his
22-11	or her respective term as a judge or magistrate of the traffic tribunal.
22-12	(c)~~(i)~~(1) Those judges of the administrative adjudication court in active service on July 1,
22-13	1999 shall serve within the traffic tribunal. Whenever the total number of judges and magistrates
22-14	in the traffic tribunal exclusive of the chief magistrate shall be less than seven (7), the chief
22-15	justice of the supreme court, with the advice and consent of the senate, may, as needed, assign a
22-16	duly qualified member of the bar of this state to act as a magistrate to fill such vacancy and shall
22-17	submit his or her name to the senate for confirmation. In the event of a vacancy in the position of
22-18	chief magistrate, the chief justice of the supreme court shall appoint a successor in accordance
22-19	with subsection 8-8.2-1(a). Any magistrate assigned under this section shall serve a term of ten
22-20	(10) years and until a successor is appointed and qualified, and shall be in the unclassified service
22-21	of the state. Nothing herein shall be construed to prohibit the assignment of a magistrate to more
22-22	than one such term, subject to the advice and consent of the senate. Compensation for any such
22-23	magistrate shall be determined by the chief magistrate of the traffic tribunal subject to
22-24	appropriation by the general assembly but in no event shall the compensation be equal to or more
22-25	than that of an associate judge of the district court. Magistrates of the traffic tribunal shall
22-26	participate in the state retirement system in the same manner as all members of the unclassified
22-27	service.
22-28	~~(ii)~~(2) If any judge of the traffic tribunal shall retire, or a vacancy becomes available
22-29	through death, disability or any other reason, the position shall be filled by a magistrate consistent
22-30	with the provisions of this section.
22-31	(d) Each judge and magistrate of the traffic tribunal shall devote full time to his or her
22-32	judicial duties, except as may be otherwise provided by law. He or she shall not practice law
22-33	while holding office, nor shall he or she be a partner or associate of any person in the practice of
22-34	law.
23-1	(e) Judges and magistrates of the traffic tribunal shall be subject to the provisions of R.I.
23-2	Const. Art. XI; to the code of judicial conduct or successor code promulgated by the supreme
23-3	court of this state, to the jurisdiction of the Commission on Judicial Tenure and Discipline in
23-4	accordance with chapter 16 of this title; and to the administrative authority and control of the
23-5	chief justice of the supreme court in accordance with chapter 15 of this title, except that sections
23-6	8-15-3 and 8-15-3.1 shall not apply to judges of the traffic tribunal.
23-7	(f) The traffic tribunal shall be a tribunal of record and shall have a seal with such words
23-8	and devices as it shall adopt.
23-9	(g) Judges and magistrates of the traffic tribunal shall have the power to administer oaths
23-10	and affirmations.
23-11	(h) Administrative/supervisory officials. - (1) There shall be an assistant to the
23-12	administrative magistrate of the traffic tribunal who shall be appointed by and serve at the
23-13	pleasure of the chief magistrate and who shall perform such clerical and administrative duties as
23-14	may be assigned to him or her by the chief magistrate of the traffic tribunal and the administrative
23-15	judge or magistrate of the traffic tribunal. The assistant to the administrative judge or magistrate
23-16	shall have the power to administer oaths and affirmations within the state.
23-17	(2) There shall be a clerk of the traffic tribunal who shall be appointed by and serve at
23-18	the pleasure of the chief magistrate of the traffic tribunal; provided, however, that, effective July
23-19	1, 1999, the first clerk of the traffic tribunal shall be that person holding the position of
23-20	administrator/clerk of the administrative adjudication court as of May 1, 1998, and that person
23-21	shall hold office for the balance of a term of twelve (12) years which began on September 1,
23-22	1992, without the necessity of appointment by the governor or advice and consent of the senate.
23-23	The clerk of the traffic tribunal shall exercise his or her functions under the direction and control
23-24	of the chief magistrate of the traffic tribunal and the administrative judge or magistrate of the
23-25	traffic tribunal. The clerk of the traffic tribunal shall have the power to administer oaths and
23-26	affirmations within the state.
23-27	(i) Clerical Personnel/Court Recorders. - (1) The chief magistrate of the traffic tribunal
23-28	shall appoint deputy clerks and assistance clerks for the traffic tribunal to serve at his or her
23-29	pleasure. All such clerks may administer oaths and affirmations within the state.
23-30	(2) The chief magistrate of the traffic tribunal shall appoint sufficient court recorders to
23-31	enable all proceedings to be recorded by electronic means and who shall assist in such other
23-32	clerical duties as may be prescribed from time to time by the chief magistrate of the traffic
23-33	tribunal.
24-34	(3) The chief magistrate of the traffic tribunal shall employ such clerical assistants in
24-35	addition to deputy clerks as may be required in the traffic tribunal to perform clerical duties.
24-36	8-8.2-11. Allowance to surviving spouses or domestic partners of deceased judges. –
24-37	(a) Whenever any judge of the administrative adjudication court or any judge of the
24-38	administrative adjudication court who is reassigned by this chapter to the traffic tribunal dies after
24-39	retirement or during active service while eligible for retirement, the judge's surviving spouse or
24-40	domestic partner shall receive annually thereafter during his or her lifetime and so long as he or
24-41	she remains unmarried or not in a domestic partnership, an amount equal to one third (1/3) of the
24-42	annual payment that the administrative judge was receiving by way of salary or retirement pay at
24-43	the time of his or her death. Whenever a judge of the administrative adjudication court or any
24-44	judge of the administrative adjudication court who is reassigned by this act to the traffic tribunal
24-45	shall die without having become eligible to retire under section 8-8.2-6 and has served ten (10)
24-46	years or more in office, his or her surviving spouse or domestic partner shall receive annually
24-47	thereafter during the spouse's or domestic partner's lifetime and so long as he or she remains
24-48	unmarried or not in a domestic partnership, one fourth (1/4) of the annual salary that the judge
24-49	was receiving at the time of his or her death.
24-50	(b) Any judge who retires under the provisions of section 8-8.2-6 may at his or her
24-51	option elect to receive three fourths (3/4) of his or her retirement pay, and where the option is
24-52	exercised by giving the general treasurer notice in writing thereof within two (2) years after the
24-53	date of his or her retirement, his or her surviving spouse or domestic partner shall receive
24-54	annually one half (1/2) of his or her retirement pay during the spouse's or domestic partner's
24-55	lifetime so long as he or she remains unmarried or not in a domestic partnership.
24-56	8-8.2-15. Transfer of employees. -- All employees of the administrative adjudication
24-57	court deemed by the chief judge of the district court, with the approval of the chief justice of the
24-58	supreme court, and subject to the labor laws of this state and any applicable collective bargaining
24-59	agreement, to be essential to the operation of the traffic tribunal are hereby transferred to the said
24-60	traffic tribunal. The chief judge of the district court shall, subject to the approval of the chief
24-61	justice of the supreme court, and subject to any applicable collective bargaining agreement,
24-62	assign appropriate titles and duties to said employees and shall promulgate a listing of said titles
24-63	and duties within six (6) months from ~~the effective date of this chapter [~~July 1, 1999].
24-64	SECTION 14. Section 8-18-4 of the General Laws in Chapter 8-18 entitled "State and
24-65	Municipal Court Compact" is hereby amended to read as follows:
24-66	8-18-4. Adjudication of summonses by municipal courts. -- (a) All summonses to be
24-67	adjudicated by a municipal court shall be forwarded to the municipal court.
25-68	(b) Summonses to be adjudicated by a municipal court shall be adjudicated by a judge of
25-69	the municipal court pursuant to section 31-41.1-6 and the rules established by the chief magistrate
25-70	of the traffic tribunal subject to the approval of the supreme court pursuant to section 8-6-2.
25-71	Municipal courts shall have jurisdiction over matters brought pursuant to section 31-41.1-7.
25-72	(c) If a motorist fails to appear to answer a summons before a municipal court, the
25-73	municipal court may proceed pursuant to section 31-41.1-5 to enter a default judgment and
25-74	determine whether the charges have been established. Where a determination is made that a
25-75	charge has been established, an appropriate order shall be entered and the motorist's license and
25-76	registration privileges may be ordered by the municipal court to be suspended by the division of
25-77	motor vehicles as provided by law.
25-78	(d) All summonses which have been adjudicated by the municipal court and entered into
25-79	the data electronic system shall be returned to the traffic tribunal for storage as required by
25-80	section 8-14-1.
25-81	(e) All municipal courts shall be courts of record, shall tape record all sessions, maintain
25-82	dockets, and adjudicate all violations on the summonses and shall be responsible for data entry
25-83	into an electronic data processing system of all citations heard and decided by said municipal
25-84	courts pursuant to procedures and rules promulgated by the chief magistrate of the Rhode Island
25-85	traffic tribunal subject to the approval of the supreme court pursuant to section 8-6-2.
25-86	(f) Municipal court judges may, in their discretion, order driver retraining courses in
25-87	appropriate cases.
25-88	~~(g) [Deleted by P.L. 1999, ch. 218, art. 5, section 1.]~~
25-89	~~(h)~~(g) A thirty-five dollar ($35.00) hearing fee shall be assessed by both municipal
25-90	courts and the traffic tribunal against each person pleading guilty to or found guilty of a traffic
25-91	offense or violation, as provided in the general laws. In no case shall any municipal court
25-92	exercising jurisdiction pursuant to this chapter impose or assess any fees or costs except as
25-93	expressly authorized by state law.
25-94	~~(i)~~(h) If a payment for any fine assessed in the municipal court for any violation is
25-95	attempted with a check written against insufficient funds, then an additional penalty not to exceed
25-96	twenty-five dollars ($25.00) may be added to the amount due.
25-97	SECTION 15. Sections 8-19-1 and 8-19-3 of the General Laws in Chapter 8-19 entitled
25-98	"Language Interpreters - Use of Language Interpreters in Legal Proceedings" are hereby amended
25-99	to read as follows:
25-100	8-19-1. Legislative declaration -- Intent. – (a) It is hereby declared to be the policy of
25-101	the state of Rhode Island to guarantee the rights of persons who, because of a non-English
25-102	speaking background, are unable to readily understand or communicate in the English language,
26-1	and who consequently need the assistance of an interpreter be fully protected in legal proceedings
26-2	in criminal matters before the Rhode Island superior court, the Rhode Island district court, and in
26-3	juvenile matters in the Rhode Island family court. Court interpretation requires not only a full
26-4	command of two (2) languages, but also a knowledge of courtroom procedure, legal vocabulary,
26-5	the overall court and legal systems, and an understanding that the role of an interpreter consists
26-6	not of abridging or editorializing, but of exactly interpreting every word that is spoken without
26-7	emendation or amendment.
26-8	(b) It is the intent of the legislature, by the enactment of this chapter, to provide
26-9	interpreters to non-English speaking persons in criminal proceedings before the state courts in
26-10	Rhode Island and to establish a procedure for the certification and appointment of interpreters.
26-11	8-19-3. Appointment of state certified or qualified interpreters. -- (a) When a non-
26-12	English speaking person is a party to a defined legal proceeding, the appointing authority shall, in
26-13	the absence of written waiver by such person, appoint a state certified interpreter to assist such
26-14	person during the legal proceeding. Pursuant to section 8-19-5, the state department of higher
26-15	education and the state court administrator's office shall maintain a list of Rhode Island state
26-16	certified interpreters from which the appointing authority shall make its appointments.
26-17	(b) The appointing authority may appoint a qualified interpreter in place of a state
26-18	certified interpreter when:
26-19	(1) A good faith effort has been made to locate and obtain the services of a state certified
26-20	interpreter and one is not available; and
26-21	(2) The appointing authority makes a finding that the proposed qualified interpreter
26-22	appears to have adequate language skills, knowledge of interpreting techniques, familiarity with
26-23	interpreting in a court or hearing, and that he/she has read, understands, and will abide by an
26-24	established code of ethics for language interpreters pursuant to this chapter; and
26-25	(3) The proceeding is one of a preliminary nature and of a short duration. Proceedings of
26-26	a preliminary nature may include but not be limited to:
26-27	~~(a)~~(i) Arraignments;
26-28	~~(b)~~(ii) Costs, restitution, and/or fine reviews;
26-29	~~(c)~~(iii) Probation reviews;
26-30	~~(d)~~(iv) Preliminary hearings on pretrial motions;
26-31	~~(e)~~(v) Appearances before the court on bench warrants or arrest warrants.
26-32	(c) If any relationship between the interpreter and any of the parties, attorneys,
26-33	witnesses, victims or any other persons involved in the proceeding exists, the nature of that
26-34	relationship shall be disclosed to the appointing authority on the record and the appointing
27-1	authority may in its discretion excuse the interpreter from said proceeding.
27-2	SECTION 16. Section 9-1-48 of the General Laws in Chapter 9-1 entitled "Causes of
27-3	Action" is hereby amended to read as follows:
27-4	9-1-48. Immunity from civil liability -- Sports teams. -- (a) Notwithstanding any
27-5	provisions of law to the contrary, except as otherwise provided in subsection (c) of this section,
27-6	no person who, without compensation and as a volunteer, renders services as a manager, coach,
27-7	instructor, umpire, referee, or official or who, without compensation and as a volunteer, assists a
27-8	manager, coach, instructor, umpire, referee, or official in a youth sports program organized and
27-9	conducted by or under the auspices of a nonprofit corporation, and no director, trustee, officer, or
27-10	employee of a nonprofit corporation which organizes, conducts, or sponsors a youth sports
27-11	program, shall be liable to any person for any civil damages as a result of any acts or omissions in
27-12	the rendering of such services or assistance or in the organization, conduct, or sponsorship of the
27-13	youth sports program unless the acts or omissions of the person were committed in willful,
27-14	wanton, or reckless disregard for the safety of the participants in the youth sports program. It shall
27-15	be insufficient to impose liability upon any such person to establish only that the conduct of the
27-16	person fell below ordinary standards of care.
27-17	(b) Notwithstanding any provisions of law to the contrary, except as otherwise provided
27-18	in subsection (c) of this section, no person who renders services as a manager, coach, instructor,
27-19	umpire, referee, or official or who assists a manager, coach, instructor, umpire, referee, or official
27-20	in an interscholastic or intramural sports program organized and conducted in accordance with
27-21	and subject to the rules, regulations, and jurisdiction of the Rhode Island interscholastic league,
27-22	the committee on junior high school athletics, and/or the board of regents for elementary and
27-23	secondary education shall be liable to any person for any civil damages as a result of any acts or
27-24	omissions in the rendering of such services or assistance unless the acts or omissions of the
27-25	person were committed in willful, wanton, or reckless disregard for the safety of the participants
27-26	in the interscholastic or intramural sports program.
27-27	(c) Nothing in this section shall be deemed to grant immunity to any person, corporation,
27-28	or other entity who or which causes injury or damage as the result of the negligent operation of a
27-29	motor vehicle.
27-30	(d) For purposes of this section:
27-31	(1) "Compensation" shall not include reimbursement for reasonable expenses actually
27-32	incurred or to be incurred or, solely in the case of umpires, referees, or other game officials, a
27-33	modest honorarium.
28-34	(2) "Nonprofit corporation" shall include any nonprofit corporation or nonprofit
28-35	association organized under the law of this state, or of any other state, or of the United States,
28-36	which is authorized to do business in this state.
28-37	~~(1)~~(3) "Youth sports program" shall include any program organized for recreational
28-38	athletic competition, and/or instruction and whose participants are nineteen (19) years of age or
28-39	younger or physically or mentally disabled regardless of age.
28-40	~~(2) "Compensation" shall not include reimbursement for reasonable expenses actually~~
28-41	~~incurred or to be incurred or, solely in the case of umpires, referees, or other game officials, a~~
28-42	~~modest honorarium.~~
28-43	~~(3) "Nonprofit corporation" shall include any nonprofit corporation or nonprofit~~
28-44	~~association organized under the law of this state, or of any other state, or of the United States,~~
28-45	~~which is authorized to do business in this state.~~
28-46	SECTION 17. Section 9-1.1-2 of the General Laws in Chapter 9-1.1 entitled "The State
28-47	False Claim Act" is hereby amended to read as follows:
28-48	9-1.1-2. Definitions. -- As used in this chapter:
28-49	(1) "Custodian" means the custodian, or any deputy custodian, designated by the attorney
28-50	general under section 9-1.1-6 of the Rhode Island general laws.
28-51	(2) "Documentary material" includes the original or any copy of any book, record, report,
28-52	memorandum, paper, communication, tabulation, chart, or other document, or data compilations
28-53	stored in or accessible through computer or other information retrieval systems, together with
28-54	instructions and all other materials necessary to use or interpret such data compilations, and any
28-55	product of discovery.
28-56	(3) "Guard" means the Rhode Island National Guard.
28-57	(4) "Investigation" means any inquiry conducted by any investigator for the purpose of
28-58	ascertaining whether any person is or has been engaged in any violation of this chapter.
28-59	(5) "Investigator" means a person who is charged by the Rhode Island attorney general,
28-60	or his or her designee with the duty of conducting any investigation under this act, or any officer
28-61	or employee of the State acting under the direction and supervision of the department of attorney
28-62	general.
28-63	(6) "Product of discovery" includes:
28-64	(i) The original or duplicate of any deposition, interrogatory, document, thing, result of
28-65	the inspection of land or other property, examination, or admission, which is obtained by any
28-66	method of discovery in any judicial or administrative proceeding of an adversarial nature;
28-67	(ii) Any digest, analysis, selection, compilation, or derivation of any item listed in
28-68	paragraph (i); and
29-1	(iii) Any index or other manner of access to any item listed in paragraph (i).
29-2	~~(a)~~(8) "State" means the state of Rhode Island; any agency of state government; and any
29-3	political subdivision meaning any city, town, county or other governmental entity authorized or
29-4	created by state law, including public corporations and authorities.
29-5	~~(b) "Guard" means the Rhode Island National Guard.~~
29-6	~~(c) "Investigation" means any inquiry conducted by any investigator for the purpose of~~
29-7	~~ascertaining whether any person is or has been engaged in any violation of this chapter.~~
29-8	~~(d) "Investigator" means a person who is charged by the Rhode Island attorney general,~~
29-9	~~or his or her designee with the duty of conducting any investigation under this act, or any officer~~
29-10	~~or employee of the State acting under the direction and supervision of the department of attorney~~
29-11	~~general.~~
29-12	~~(e) "Documentary material" includes the original or any copy of any book, record, report,~~
29-13	~~memorandum, paper, communication, tabulation, chart, or other document, or data compilations~~
29-14	~~stored in or accessible through computer or other information retrieval systems, together with~~
29-15	~~instructions and all other materials necessary to use or interpret such data compilations, and any~~
29-16	~~product of discovery.~~
29-17	~~(f) "Custodian" means the custodian, or any deputy custodian, designated by the attorney~~
29-18	~~general under section 9-1.1-6 of the Rhode Island general laws.~~
29-19	~~(g) "Product of discovery" includes:~~
29-20	~~(1) The original or duplicate of any deposition, interrogatory, document, thing, result of~~
29-21	~~the inspection of land or other property, examination, or admission, which is obtained by any~~
29-22	~~method of discovery in any judicial or administrative proceeding of an adversarial nature;~~
29-23	~~(2) Any digest, analysis, selection, compilation, or derivation of any item listed in~~
29-24	~~paragraph (1); and~~
29-25	~~(3) Any index or other manner of access to any item listed in paragraph (1).~~
29-26	SECTION 18. Section 9-31-2.1 of the General Laws in Chapter 9-31 entitled
29-27	"Governmental Tort Liability" is hereby amended to read as follows:
29-28	9-31-2.1. Limitation of damages -- State -- Commuter rail service. – (a) Agreements
29-29	between the state and a railroad for the provision of commuter rail service shall provide that the
29-30	state shall secure and maintain a liability insurance policy covering the liability of the state and
29-31	the railroad for property damage, personal injury, bodily injury and death arising out of such
29-32	commuter rail service. Such policy shall name the state as named insured, and the railroad as an
29-33	additional insured, shall have policy limits of not less than seventy-five million dollars
29-34	($75,000,000) per occurrence annually and seventy-five million dollars ($75,000,000) in the
30-1	aggregate annually, and shall be subject to self-insured retention in an amount not less than seven
30-2	million five hundred thousand dollars ($7,500,000). In no event shall the state or the railroad be
30-3	liable in excess of the coverage limits of such insurance policy for any and all claims for damage,
30-4	whether compensatory or punitive, for property damage, personal injury, bodily injury and death
30-5	arising out of such commuter rail service.
30-6	(b) For the purposes of this section, the term "railroad" shall include any person, railroad
30-7	corporation or other legal entity in the business of providing rail transportation which contracts
30-8	with the state for the provision of commuter rail services and the term "commuter rail service",
30-9	shall include all services performed by a railroad pursuant to a contract with the state in
30-10	connection with the transportation of rail passengers including, but not limited to, the operation of
30-11	trains, trackage and equipment, or the construction, reconstruction or maintenance of railroad
30-12	equipment, tracks and any appurtenant facilities or the provision of trackage rights over lines
30-13	owned by any such railroad.
30-14	SECTION 19. Sections 23-27.3-100.1.5.1, 23-27.3-102, 23-27.3-106 and 23-27.3-120.3
30-15	of the General Laws in Chapter 23-27.3 entitled "State Building Code" are hereby amended to
30-16	read as follows:
30-17	23-27.3-100.1.5.1. Housing and maintenance code -- Powers and duties of the
30-18	building code standards committee. -- (a) The committee shall have the authority to adopt and
30-19	promulgate a housing and maintenance code which shall be reasonably consistent with
30-20	recognized and accepted standards and codes promoted by national model code organizations.
30-21	The code shall be submitted to the legislature for adoption and amendments as required. Once
30-22	adopted by the legislature, the law shall not be amended by the cities and towns. The committee
30-23	shall have the singular authority to submit further amendments to the legislature as required.
30-24	These new provisions shall replace, and/or amend the existing provisions of the Minimum
30-25	Housing Standards, chapter 24.2 of title 45, and the Housing, Maintenance and Occupancy Code,
30-26	chapter 24.3 of title 45. Once adopted by the legislature, the laws shall not be amended by the
30-27	cities and towns without prior approval of the committee and subsequently the legislature. The
30-28	state housing and property maintenance code subcommittee shall carry out its responsibilities to
30-29	the building code standards committee by acting as an entity of the committee in administering
30-30	the code, by recommending needed code amendments, by promulgating the code, and by serving
30-31	as the board of standards and appeals for the code.
30-32	(b) The subcommittee shall also have a recording secretary who shall attend all meetings
30-33	and direct the conduct of any investigation which may be necessary in the preparation of any
30-34	hearing. The recording secretary shall be a member of the classified service on the staff of the
31-1	state building commissioner and shall be compensated as appropriate for the expertise required.
31-2	The administration and appeals procedures pertaining to these laws shall remain in the
31-3	prerogatives of the local municipalities and the legislature.
31-4	(c) Within ninety (90) days after the end of each fiscal year, the committee shall approve
31-5	and submit an annual report to the governor, the speaker of the house of representatives, the
31-6	president of the senate, and the secretary of state, of its activities during that fiscal year. The
31-7	report shall provide: an operating statement summarizing meetings or hearings held, including
31-8	meeting minutes, subjects addressed, decisions rendered, applications considered and their
31-9	disposition, rules or regulations promulgated, studies conducted, policies and plans developed,
31-10	approved, or modified, and programs administered or initiated; a consolidated financial statement
31-11	of all funds received and expended including the source of the funds, a listing of any staff
31-12	supported by these funds, and a summary of any clerical, administrative or technical support
31-13	received; a summary of performance during the previous fiscal year including accomplishments,
31-14	shortcomings and remedies; a synopsis of hearings, complaints, suspensions, or other legal
31-15	matters related to the authority of the committee; a summary of any training courses held
31-16	pursuant to this chapter; a briefing on anticipated activities in the upcoming fiscal year, and
31-17	findings and recommendations for improvements. The report shall be posted electronically on the
31-18	websites of the general assembly and the secretary of state pursuant to the provisions of section
31-19	42-20-8.2. The director of the department of administration shall be responsible for the
31-20	enforcement of the provisions of this section.
31-21	(d) To conduct a training course for newly appointed and qualified members within six
31-22	(6) months of their qualification or designation. The course shall be developed by the chair of the
31-23	committee, be approved by the committee, and be conducted by the chair of the committee. The
31-24	committee may approve the use of any committee and/or staff members and/or individuals to
31-25	assist with training. The training course shall include instruction in the following areas: the
31-26	provisions of chapters 42-46, 36-14 and 38-2; and the committee's rules and regulations. The
31-27	director of the department of administration shall, within ninety (90) days of ~~the effective date of~~
31-28	~~this act [~~June 16, 2006] prepare and disseminate training materials relating to the provisions of
31-29	chapters 42-46, 36-14, and 38-2.
31-30	23-27.3-102.0 Ordinary repairs. – (a) Ordinary repairs to buildings and structures may
31-31	be made without application or notice to the building official, but the repairs shall not include:
31-32	(1) The installation of any siding;
31-33	(2) The cutting away of any wall, partition or portion of the wall;
32-34	(3) The removal or cutting away of any structural beam or bearing support;
32-35	(4) The removal or change of any required means of egress;
32-36	(5) Rearrangement of parts of a structure affecting the exitway requirements;
32-37	(6) Alteration of, replacement or relocation of any standard pipe, water supply, sewer,
32-38	drainage, drain leader, gas, soil, waste, vent or similar piping;
32-39	(7) Electric wiring;
32-40	(8) Mechanical or other work which affects public health, safety or welfare.
32-41	(b) All work not classified as ordinary repair shall comply with the rules and regulations
32-42	or ordinances of the municipality as to the procurement of a permit for these repairs.
32-43	23-27.3-106.0. Existing structures. -- (a) (1) Except as provided in this section, existing
32-44	buildings or structures when altered, renovated, reconstructed or repaired or a change of use
32-45	occurs as specified in this section shall be made to conform to the requirements of the
32-46	rehabilitation building and fire code for existing buildings and structures. See chapters 2 through
32-47	34 of regulation SBC-1 for new buildings.
32-48	(2) Except as provided for in the rehabilitation building and fire code for existing
32-49	buildings and structures, the alternative procedures of SBC-1, chapter 34, entitled Repair,
32-50	Alteration, Addition to, and Change of Use of Existing Buildings, may be used in lieu of the
32-51	provisions of this section for all existing buildings in which there is work involving repairs,
32-52	alterations, additions, or changes of use and occupancy.
32-53	(b) Flood resistant construction for buildings or structures in flood hazard areas. - In
32-54	order to determine the percentage between the costs for alterations, renovations, reconstruction
32-55	and repairs and the physical value of the building or structure, to establish whether a substantial
32-56	improvement or a substantial damage occurs, the building official shall exclude the alteration,
32-57	renovation, reconstruction and repair cost of the following items:
32-58	~~(1)~~ All nonpermit items such as painting, decorating, landscaping, fees, and the like.
32-59	~~(2) [Deleted by P.L. 2001, ch. 232, section 1.]~~
32-60	~~(c) [Deleted by P.L. 2001, ch. 232, section 1.]~~
32-61	~~(d) [Deleted by P.L. 2001, ch. 232, section 1.]~~
32-62	23-27.3-120.3. Existing buildings. – (a) Upon written request from the owner of an
32-63	existing building, the building official shall issue a certificate of use and occupancy, provided
32-64	there are no violations of law or orders of the building official or the fire official pending, and it is
32-65	established after inspection and investigation that the alleged use of the building has heretofore
32-66	existed. Nothing in this code shall require the removal, alteration, or abandonment of, or prevent
32-67	the continuance of the use and occupancy of, a lawfully existing building, unless the use is
32-68	deemed to endanger public safety and welfare. In addition, the written request from the owner of
33-1	any property serviced by a private well shall be accompanied by documentation which
33-2	demonstrates compliance with the drinking water testing requirements and the drinking water
33-3	standard for coliform bacteria, fluoride, lead, nitrate and nitrite for private wells established by
33-4	the director of health. A city or town may require additional testing and compliance with quality
33-5	standards established pursuant to ~~section~~ subdivision 23-1-5.3(6). Testing results which show that
33-6	a private well is not in compliance with one or more of these drinking water quality standards
33-7	shall be sufficient to deem the private well as a danger to public safety and welfare, and shall
33-8	require corrective action before the certificate of use and occupancy can be issued.
33-9	(b) Corrective action will be required within thirty (30) days. The property owner may
33-10	appeal to the Town Building Code Board of Appeals for a ninety (90) day extension, or give other
33-11	just cause why the water well should remain in service for an extended period of time.
33-12	(c) If a registered engineer or otherwise qualified professional certifies no currently
33-13	available treatment system will adequately treat the water to meet the potability requirement, the
33-14	property owner can appeal to the Town Building Code Board of Appeals for an exemption from
33-15	the private well potability requirement until such time a public water supply becomes available.
33-16	This exemption will expire after five (5) years, renewable by appeal only.
33-17	SECTION 20. Sections 23-28.01-2 and 23-28.01-5 of the General Laws in Chapter 23-
33-18	28.01 entitled "Comprehensive Fire Safety Act" are hereby amended to read as follows:
33-19	23-28.01-2. Legislative findings. -- The general assembly finds and declares that:
33-20	~~(a)~~(1) Fires are a significant and preventable cause of the loss of life in the state;
33-21	~~(b)~~(2) Catastrophic fires, while rare, have happened in the state with tragic loss of life;
33-22	~~(c)~~(3) Fire safety and building codes can provide standards that substantially reduce the
33-23	risk of death, injury, and property damage caused by fires;
33-24	~~(d)~~(4) Compliance with codes is critical to their being an effective means for achieving
33-25	the reduction of both risks and losses;
33-26	~~(e)~~(5) Codes are more effective when they are comprehensive in their application, up-to-
33-27	date, and integrated;
33-28	~~(f)~~(6) Rhode Island has a long history of developing, adopting, and implementing codes
33-29	as conditions in the state have changed and the means and practice of fire safety have evolved;
33-30	and
33-31	~~(g)~~(7) Rhode Island, in 2003, wishes in response to the tragic fire at "The Station"
33-32	nightclub, in West Warwick, to improve fire safety throughout the state.
33-33	23-28.01-5. Planning and reporting. – (a) The system of fire safety codes, compliance,
33-34	enforcement, and education, shall be regularly reviewed in order to maintain the use of best
34-1	practices throughout Rhode Island and to plan for and implement professional, comprehensive,
34-2	efficient and effective fire safety measures in the state.
34-3	~~(a)~~(b) The fire marshal shall, in conjunction with the fire safety code board of appeal and
34-4	review, the building code commission, the department of health, the economic development
34-5	corporation, the department of elementary and secondary education, and representatives of local
34-6	fire departments, prepare and approve by February 20, 2004, a comprehensive plan setting forth
34-7	goals and implementation measures for improving fire safety in Rhode Island, which plan shall
34-8	include recommendations regarding public, fire safety education. The plan may be periodically
34-9	reviewed and amended and shall be updated at least once every five (5) years. The plan, and any
34-10	amendments and updates, shall be submitted to the governor, the speaker of the house and the
34-11	president of the senate. A copy of the plan shall be provided to the secretary of state, and the
34-12	report shall be posted on the website of the fire marshal.
34-13	~~(b)~~(c) The fire marshal shall submit a report on or before February 1, 2005, and annually
34-14	not later than February 1 in each year thereafter, to the governor, the speaker of the house and the
34-15	president of the senate on fire safety in Rhode Island, summarizing the incidence of fires in
34-16	Rhode Island, describing the status of fire safety efforts in Rhode Island and progress toward
34-17	meeting goals set forth in the five (5) year plan, and recommending actions for improving fire
34-18	safety. A copy of the report shall be provided to the secretary of state, and the report shall be
34-19	posted on the website of the fire marshal.
34-20	~~(c)~~(d) In order to increase public information about fire risks in places of assembly, the
34-21	fire marshal shall make public the repeat and/or uncorrected fire safety code violations of all
34-22	places of assembly that are classified as nightclubs and provide this information on a website,
34-23	effective February 20, 2004.
34-24	SECTION 21. Sections 23-28.2-20.1 and 23-28.2-23 of the General Laws in Chapter 23-
34-25	28.2 entitled "Division of Fire Safety" are hereby amended to read as follows:
34-26	23-28.2-20.1. Notices of violation. – (a) The fire marshal and persons designated
34-27	specifically in writing by the fire marshal shall have the power to issue notices of violation as
34-28	herein provided for, and the powers herein established shall be in addition to other powers of
34-29	inspection and enforcement of the Fire Safety Code provided for in this title. The fire marshal or
34-30	authorized designee of the fire marshal shall have the power to give notice of an alleged violation
34-31	of law to the person responsible therefor whenever the fire marshal or authorized designee
34-32	determines that there are reasonable grounds to believe that there is a violation of any provision
34-33	of law within his or her jurisdiction or of any rule or regulation adopted pursuant to authority
34-34	granted to him or her and/or the Fire Safety Code Board of Appeal and Review, unless other
35-1	notice and hearing procedure is specifically provided by that law. Nothing in this chapter shall
35-2	limit the authority of the attorney general to prosecute offenders as required by law.
35-3	~~(a)~~(b) The notice shall provide for the time the alleged violation shall be remedied, and
35-4	shall inform the person to whom it is directed that a written request for a hearing on the alleged
35-5	violation may be filed with the fire safety code board of appeal and review within thirty (30) days
35-6	after service of the notice. The notice will be deemed properly served upon a person if a copy
35-7	thereof is served him or her personally, by the authority having jurisdiction or any other person
35-8	having authority to serve process, or sent by registered or certified mail to his or her last known
35-9	address, or if he or she is served with notice by any other method of service now or hereafter
35-10	authorized in a civil action under the laws of this state. If no written request for a hearing is made
35-11	to the Fire Safety Code Board of Appeal and Review within thirty (30) days of the service of
35-12	notice, the notice shall automatically become a compliance order. The authority issuing the notice
35-13	of violation shall have the power to extend in writing the time in which the alleged violation shall
35-14	be remedied if the authority shall find, to the authority's satisfaction, that a good faith effort is
35-15	being made to remedy the violation, and that the extension of time to remedy the violation will
35-16	not result in a significant threat to life safety.
35-17	~~(b) [Deleted by P.L. 2004, ch. 220, section 3 and by P.L. 2004, ch. 225, section 3_.~~
35-18	(c) If a person upon whom a notice of violation has been served under the provisions of
35-19	this section or if a person aggrieved by any such notice of violation requests a hearing before the
35-20	Fire Safety Code Board of Appeal and Review within thirty (30) days of the service of notice of
35-21	violation, the Board shall set a time and place for the hearing, and shall give the person requesting
35-22	that hearing notice as outlined in section 23-28.3-5 of this title. After the hearing, the Board may
35-23	make findings of fact and shall sustain, modify, or withdraw the notice of violation. If the Board
35-24	sustains or modifies the notice, that decision shall be deemed a compliance order and shall be
35-25	served upon the person responsible in any manner provided for the service of the notice in this
35-26	section.
35-27	(d) The compliance order shall state a time within which the violation shall be remedied,
35-28	and the original time specified in the notice of violation shall be extended to the time set in the
35-29	order.
35-30	(e) Whenever a compliance order has become effective, whether automatically where no
35-31	hearing has been requested, or upon decision following a hearing, the fire marshal may institute
35-32	injunction proceedings in the district court of the state for enforcement of the compliance order
35-33	and for appropriate temporary relief, and in that proceeding the correctness of a compliance order
35-34	shall be presumed and the person attacking the order shall bear the burden of proving error in the
36-1	compliance order. The remedy provided for in this section shall be cumulative and not exclusive
36-2	and shall be in addition to remedies relating to the removal or abatement of nuisances or any
36-3	other remedies provided by law. The district court shall have full equity power to hear and
36-4	address these matters.
36-5	(f) Any party aggrieved by a final judgment of the district court may, within thirty (30)
36-6	days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to
36-7	review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the
36-8	petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of
36-9	certiorari.
36-10	23-28.2-23. Fire education and training coordinating board. -- (a) There is hereby
36-11	created within the division of fire safety a fire education and training coordinating board
36-12	comprised of thirteen (13) members appointed by the governor with the advice and consent of the
36-13	senate. In making said appointments, the governor shall give due consideration to including in the
36-14	board's membership representatives of the following groups:
36-15	(1) Chiefs of fire departments with predominately fully paid personnel, defined as
36-16	departments in which the vast majority of members are full-time, salaried personnel.
36-17	(2) Chiefs of fire departments with part paid/combination personnel, defined as
36-18	departments in which members consist of both full-time salaried personnel and a large percentage
36-19	of volunteer or call personnel.
36-20	(3) Chiefs of fire departments with predominately volunteer personnel, defined as
36-21	departments in which the vast majority of members respond voluntarily and receive little or no
36-22	compensation.
36-23	(4) Rhode Island firefighters' instructor's association.
36-24	(5) Rhode Island department of environmental management.
36-25	(6) Rhode Island fire safety association.
36-26	(7) Rhode Island state firefighter's league.
36-27	(8) Rhode Island association of firefighters.
36-28	(9) Regional firefighters leagues.
36-29	(b) The state fire marshal and the chief of training and education shall serve as ex-officio
36-30	members.
36-31	(c) Members of the board as of ~~the effective date of this act [~~March 29, 2006] shall
36-32	continue to serve for the balance of their current terms. Thereafter, members shall be appointed to
36-33	three (3) year terms. No person shall serve more than two (2) consecutive terms, except that
36-34	service on the board for a term of less than two (2) years resulting from an initial appointment or
37-1	an appointment for the remainder of an unexpired term shall not constitute a full term.
37-2	(d) Members shall hold office until a successor is appointed, and no member shall serve
37-3	beyond the time he or she ceases to hold office or employment by reason of which he or she was
37-4	eligible for appointment.
37-5	(e) All gubernatorial appointments made after ~~the effective date of this act [~~March 29,
37-6	2006] shall be subject to the advice and consent of the senate. No person shall be eligible for
37-7	appointment to the board after ~~the effective date of this act [~~March 29, 2006] unless he or she is a
37-8	resident of this state.
37-9	(f) Members shall serve without compensation, but shall receive travel expenses in the
37-10	same amount per mile approved for state employees.
37-11	(g) The board shall meet at the call of the chairperson or upon written petition of a
37-12	majority of the members, but not less than six (6) times per year.
37-13	(h) Staff support to the board will be provided by the state fire marshal.
37-14	(i) The board shall:
37-15	(1) Establish bylaws to govern operational procedures not addressed by legislation.
37-16	(2) Elect a chairperson and vice-chairperson of the board in accordance with bylaws to
37-17	be established by the board.
37-18	(3) Develop and offer training programs for fire fighters and fire officers based on
37-19	applicable NFPA standards used to produce training and education courses.
37-20	(4) Develop and offer state certification programs for instructors based on NFPA
37-21	standards.
37-22	(5) Monitor and evaluate all programs to determine their effectiveness.
37-23	(6) Establish a fee structure in an amount necessary to cover costs of implementing the
37-24	programs.
37-25	(7) Within ninety (90) days after the end of each fiscal year, approve and submit an
37-26	annual report to the governor, the speaker of the house of representatives, the president of the
37-27	senate, and the secretary of state of its activities during that fiscal year. The report shall provide:
37-28	an operating statement summarizing meetings or hearing held, including meeting minutes,
37-29	subjects addressed, decisions rendered, rules or regulations promulgated, studies conducted,
37-30	policies and plans developed, approved or modified and programs administered or initiated; a
37-31	consolidated financial statement of all funds received and expended including the source of the
37-32	funds, a listing of any staff supported by these funds, and a summary of any clerical,
37-33	administrative or technical support received; a summary of performance during the previous
37-34	fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearings,
38-1	complaints, suspensions, or other legal matters related to the authority of the council; a summary
38-2	of any training courses held pursuant to the provisions of this section; a briefing on anticipated
38-3	activities in the upcoming fiscal year and findings and recommendations for improvements. The
38-4	report shall be posted electronically on the general assembly and secretary of state's websites as
38-5	prescribed in section 42-20-8.2. The director of the department of administration shall be
38-6	responsible for the enforcement of the provisions of this subsection.
38-7	(8) Conduct a training course for newly appointed and qualified members within six (6)
38-8	months of their qualification or designation. The course shall be developed by the chair of the
38-9	board, approved by the board, and conducted by the chair of the board. The board may approve
38-10	the use of any board or staff members or other individuals to assist with training. The training
38-11	course shall include instruction in the following areas: the provisions of chapters 42-46, 36-14,
38-12	and 38-2; and the commission's rules and regulations. The state fire marshal shall, within ninety
38-13	(90) days of March 29, 2006, prepare and disseminate training materials relating to the provisions
38-14	of chapters 42-46, 36-14, and 38-2.
38-15	(j) In an effort to prevent potential conflicts of interest, any fire education and training
38-16	coordinating board member shall not simultaneously serve as a paid instructor and/or
38-17	administrator within the fire education and training unit.
38-18	(k) A quorum for conducting all business before the board, shall be at least seven (7)
38-19	members.
38-20	(l) Members of the board shall be removable by the governor pursuant to the provisions
38-21	of section 36-1-7 of the general laws and for cause only, and removal solely for partisan or
38-22	personal reasons unrelated to capacity or fitness for the office shall be unlawful.
38-23	SECTION 22. Section 23-28.3-1 of the General Laws in Chapter 23-28.3 entitled "Fire
38-24	Safety Code Board of Appeal and Review" is hereby amended to read as follows:
38-25	23-28.3-1. Definitions. -- When used in this chapter:
38-26	(1) "Amendment" means any modification or change in the code that shall be
38-27	formulated, adopted, and issued by the board;
38-28	(2) "Blanket variance" means generalized relief from any provision of the fire safety
38-29	code, including, but not limited to, time deadlines, when, in the opinion of the fire safety code
38-30	board, these provisions have been rendered obsolete and/or impose an unanticipated,
38-31	unreasonable hardship upon the general public, and the board finds that the decision to grant a
38-32	blanket variance will not conflict with the general objectives of the code. All blanket variances
38-33	shall only be effective until the next code adoption process by the board;
39-34	~~(2)~~(3) "Board" means the fire safety code board created by this chapter;
39-35	~~(3)~~(4) "Building" includes new and existing buildings and facilities, except private
39-36	dwellings occupied by one, two (2), or three (3) families, in the various cities and towns in this
39-37	state;
39-38	~~(4)~~(5) "Code" means the minimum standard body of rules for fire safety known as the
39-39	Fire Safety Code, chapters 28.1 -- 28.39 of this title, or the rehabilitation building and fire code
39-40	for existing buildings and structures, chapter 29.1 of this title;
39-41	~~(5)~~(6) "Variation or variance " means a special limited modification or change in the
39-42	code, including, but not limited to, time deadlines, which is applicable only to a particular type of
39-43	building, structure, facility, regulated process or hazardous activity upon the petition of the person
39-44	owning the building, structure, or facility, or maintaining the regulated process or hazardous
39-45	activity. All variances shall be, to the extent practicable, in keeping with recognized national
39-46	standards. ~~; and~~
39-47	~~(6) "Blanket variance" means generalized relief from any provision of the fire safety~~
39-48	~~code, including, but not limited to, time deadlines, when, in the opinion of the fire safety code~~
39-49	~~board, these provisions have been rendered obsolete and/or impose an unanticipated,~~
39-50	~~unreasonable hardship upon the general public, and the board finds that the decision to grant a~~
39-51	~~blanket variance will not conflict with the general objectives of the code. All blanket variances~~
39-52	~~shall only be effective until the next code adoption process by the board.~~
39-53	SECTION 23. Section 23-28.4-5.1 of the General Laws in Chapter 23-28.4 entitled
39-54	"Safety and Health Programs for Fire Departments" is hereby amended to read as follows:
39-55	23-28.4-5.1. NFPA 1500 Implementation Plan Review Committee -- Creation and
39-56	membership. – (a) There is hereby created a NFPA 1500 Implementation Plan Review
39-57	Committee consisting of three (3) members: one ~~(1)~~ of whom shall be appointed by the Rhode
39-58	Island League of Cities and Towns, one ~~(1)~~ of whom shall be appointed by the Rhode Island State
39-59	Association of Fire Fighters, and one ~~(1)~~ of whom shall be appointed by the Rhode Island Fire
39-60	Chiefs' Association. The terms of all members shall be for four (4) years.
39-61	(b) The NFPA Implementation Plan Review Committee shall meet at the call of the
39-62	chairperson, but not less than bi-monthly to review the implementation plans as submitted by the
39-63	applicable fire departments pursuant to section 23-28.4-5. The Implementation Plan Review
39-64	Committee, after reviewing each fire department's implementation plan, shall make a report
39-65	available as to the progress of each applicable department's compliance or noncompliance with
39-66	NFPA 1500 by January 1, 2007.
39-67	SECTION 24. Sections 23-28.6-21, 23-28.6-22 and 23-28.6-24 of the General Laws in
39-68	Chapter 23-28.6 entitled "Places of Assembly" are hereby amended to read as follows:
40-1	23-28.6-21. Sprinklers required. -- (a) All new and existing places of assembly shall be
40-2	completely protected by an approved system of automatic sprinklers installed and maintained in
40-3	accordance with N.F.P.A. Standard 13, 2002 Edition and its related standards pursuant to the
40-4	schedule outlined in subsection (d) of this section.
40-5	(b) The requirements of subsection (a) of this section shall not apply to:
40-6	~~(i)~~(1) Any place of assembly with an occupancy load of fifty (50) to three hundred (300)
40-7	people of less concentrated use, exclusively calculated at fifteen (15) square feet per person;
40-8	~~(ii)~~(2) Any place of assembly with an occupancy load of fifty (50) to three hundred (300)
40-9	people of concentrated use not classified as a "nightclub";
40-10	~~(iii)~~(3) Any place of assembly with an occupancy load of fifty (50) to three hundred
40-11	(300) people of concentrated use, classified as a "nightclub" with a posted maximum occupancy
40-12	of less than one hundred fifty (150) people;
40-13	~~(iv)~~(4) Any existing building used primarily as a place of worship that is in compliance
40-14	with the requirements for places of worship established pursuant to section 23-28.6-24. ;
40-15	~~(v)~~(5) The open assembly areas in existing unheated buildings used on a seasonal basis
40-16	provided the building is protected by a properly maintained total (complete) fire alarm system
40-17	during all periods of occupancy. ; and
40-18	~~(vi)~~(6) Student occupied assembly areas, such as auditorium(s), library(s), cafeteria(s)
40-19	and gymnasium(s), within any existing building, classified as either an educational occupancy, or
40-20	an institution of higher education such as a community college, a college and/or university, that is
40-21	protected by a properly maintained total (complete) fire alarm system. In the event the owner or
40-22	management of such a building plans to use one or more of the above assembly areas, in a
40-23	manner inconsistent with the traditional educational use, for example a community meeting, a
40-24	dance or a play, the owner or responsible management must first consult with the state fire
40-25	marshal's designee, in the local fire department, and develop a plan of action for such use. The
40-26	proposed event shall only be conducted pursuant to the above plan of action. This exception shall
40-27	not apply to any such existing higher education assembly area(s) used generally for commercial
40-28	purposes such as an arena, restaurant, bar or lounge.
40-29	(c) Alternatively engineered sprinkler systems, approved by the Fire Safety Code Board
40-30	of Appeal and Review, shall be allowed in the retrofitting of an existing place of assembly with
40-31	sprinklers.
40-32	(d) All places of assembly with a maximum occupancy of more than three hundred (300)
40-33	people shall be fully sprinkled in accordance with the above standards on or before July 1, 2005.
40-34	All "nightclubs" with a posted maximum occupancy of one hundred fifty (150) or more people,
41-1	and up to three hundred (300) people shall be fully sprinkled in accordance with the above
41-2	standards on or before July 1, 2006. For good cause shown, the above deadlines may be extended
41-3	by the Fire Safety Code Board of Appeal & Review.
41-4	(e) The occupancy of any place of assembly without a fire alarm system and/or sprinkler
41-5	system after July 1, 2004, shall have its maximum occupancy adjusted by minus ten percent
41-6	(10%) for the absence of a fire alarm system and minus twenty percent (20%) for the absence for
41-7	the sprinklers, when fire alarm systems and/or sprinklers are required by law or regulation. Such
41-8	downward adjustment in occupancy shall be cumulative and shall cease to apply when the
41-9	premises are in compliance with requirements for fire alarms systems and sprinklers, and shall
41-10	not affect any other requirements of the Fire Safety Code Board of Appeal and Review applicable
41-11	to the premises. The ten percent (10%) and twenty percent (20%) reductions in maximum
41-12	occupancy, herein set forth, may be waived, in writing, by the state fire marshal, assistant state
41-13	fire marshal, deputy state fire marshals, the local fire chief of the jurisdiction in which the place
41-14	of assembly is located, or an assistant deputy state fire marshal as designated by the local fire
41-15	chief. Provided, however, that the owner or management responsible for the operation of the
41-16	facility shall be required to operate said facility under an alternative plan of action for fire safety,
41-17	which plan shall require the approval of the state fire marshal, the assistant state fire marshal,
41-18	deputy state fire marshals, the local fire chief of the jurisdiction in which the place of assembly is
41-19	located, or an assistant deputy state fire marshal as designated by the local fire chief, in order to
41-20	qualify for the waiver provided for herein.
41-21	(f) A place of assembly with an occupancy of one hundred fifty (150) or greater and up
41-22	to three hundred (300) may avoid the above occupancy adjustment by requiring a fire fighter to
41-23	be on duty during all hours of occupancy. In no event shall the occupancy adjustment to the
41-24	firefighter requirement alter the July 1, 2006 deadline for the installation of sprinklers.
41-25	(g) All places of assembly with an occupancy of less than one hundred fifty (150) shall
41-26	use fire retardant paints or other coverings, to a standard acceptable to the Fire Safety Code Board
41-27	of Appeal and Review, unless the building has sprinklers by July 1, 2006.
41-28	(h) The provisions of this section, in its entirety, shall not apply to places of worship
41-29	except as may be required by the Fire Safety Code Board of Appeal and Review pursuant to
41-30	section 23-28.6-24.
41-31	23-28.6-22. Nightclubs. -- Every special amusement building concentrated occupancy
41-32	place of assembly nightclub as defined in section 23-28.1-5 shall comply with the following
41-33	requirements, consistent with requirements related thereto established by the Fire Safety Code
41-34	Board of Appeal and Review and the state fire marshal. All such buildings shall:
42-1	~~(a)~~(1) Have fire alarms that are municipally connected for occupancies of one hundred
42-2	fifty (150) or greater and for all Class A and B places of assembly by July 1, 2004. These fire
42-3	alarm systems shall be tested no less than quarterly.
42-4	~~(b)~~(2) Have sprinklers in Class C places of assembly of one hundred fifty (150) or
42-5	greater with an occupancy load of one hundred fifty (150) up to three hundred (300) people by
42-6	July 1, 2006 and in Class A and B places of assembly with an occupancy load of greater than
42-7	three hundred (300) people by July 1, 2005; provided, however, that this requirement shall not
42-8	apply to fully alarmed buildings used exclusively as places of worship.
42-9	~~(c)~~(3) Have alarm systems sound and upon the actuation of any smoke detector or fire
42-10	alarm, have emergency lighting or other appropriate lighting activate, and require that any
42-11	conflicting sounds or visuals cease, by February 20, 2004.
42-12	~~(d)~~(4) Have two (2) fire extinguishers, which shall be at least twenty (20) pounds or such
42-13	other size as may be established as appropriate by the Fire Safety Code Board of Appeal and
42-14	Review, in each stage area, by February 20, 2004.
42-15	~~(e)~~(5) Have floor proximity exit signs for all occupancies greater than one hundred fifty
42-16	(150) by February 20, 2005.
42-17	~~(f)~~(6) ~~Shall provide~~ Provide an audible announcement of the location of emergency exits
42-18	prior to each act or set.
42-19	~~(g)~~(7) Have an emergency plan for the premises, approved by a fire marshal and
42-20	consistent with rules established by the Fire Safety Code Board of Appeal a person on duty or a
42-21	crowd manager on duty, who has been trained by the fire marshal with regard to the emergency
42-22	plan and basic crowd management techniques by October 1, 2004. This requirement shall be in
42-23	addition to the requirement for a detail fire fighter.
42-24	23-28.6-24. Places of worship. – (a) The Fire Safety Code Board of Appeal and Review
42-25	shall establish and maintain a subcategory of assembly occupancies for places of worship and
42-26	shall, consistent with the provisions of this section, specify code requirements applicable to the
42-27	subcategory. Every place of worship as defined in section 23-28.1-5 shall comply with the
42-28	requirements for places of worship by the Fire Safety Code Board of Appeal and Review and
42-29	administered by the state fire marshal. In establishing and maintaining this subcategory, the board
42-30	shall give due consideration to the historic level of use as well as to occupant load and shall
42-31	provide for separate calculation of occupant loads for sanctuaries and gathering halls and for
42-32	distinct requirements for the different areas of the place of worship.
42-33	~~(a)~~(b) Newly constructed places of worship shall comply with the applicable
42-34	requirements for new occupancies.
43-1	~~(b)~~(c) Existing places of worship shall comply with requirements established by the Fire
43-2	Safety Code Board of Appeal and Review, pursuant to this subsection.
43-3	(1) The Fire Safety Code Board of Appeal and Review shall adopt reasonable
43-4	requirements for fire safety in existing places of worship by July 1, 2007, which standards shall
43-5	allow for the continued occupancy and use of the place of worship without undue hardship, with
43-6	due consideration for the historic use and operation of the place of worship, unless such continued
43-7	use and occupancy would constitute a serious threat to life. Such requirements shall provide that
43-8	the place of worship shall have:
43-9	(i) Adequate egress, including exits, exit signs, and emergency lighting;
43-10	(ii) Adequate systems for discovery of fire and smoke and for altering occupants
43-11	promptly and effectively; and
43-12	(iii) Adequate fire extinguishers.
43-13	(2) Existing places of worship shall not be subject to requirements for places of assembly
43-14	to install sprinklers in the sanctuary or in other areas unless the state fire marshal, or official in
43-15	the office of the state fire marshal designated by the state fire marshal in the capacity of the
43-16	authority having jurisdiction, shall determine: (i) that in the absence of sprinklers, there would be
43-17	a serious threat to life as a result of conditions specific to those areas in the place of worship; or
43-18	(ii) that the kitchen of the place of worship is used for cooking food for more than two (2) hours
43-19	per week as an annual average, in which case a requirement may be imposed for automatic fire
43-20	suppression system in the kitchen. The code requirements applicable to the place of worship shall
43-21	be deemed satisfactory purposes of the use of the place of worship or areas thereof by community
43-22	members and groups and nonprofit organizations; provided, however, that the use of the place of
43-23	worship or a portion thereof for an occupancy for a commercial purpose or for the regular
43-24	conduct of an activity or function that requires licensure by the state may be subject to code
43-25	requirements for that occupancy.
43-26	~~(c)~~(d) The Fire Safety Code Board of Appeal and Review shall establish a timetable for
43-27	existing places of worship to comply with the requirements adopted pursuant to subsection ~~(b)~~(c)
43-28	of this section, which compliance timetable shall commence not sooner than January 1, 2008 and
43-29	may extend beyond July 1, 2008.
43-30	~~(d)~~(e) The Fire Safety Code Board of Appeal and Review and the state fire marshal shall
43-31	in establishing, interpreting, administering and enforcing code requirements pertaining to this
43-32	subcategory satisfy reasonable requirements for life safety in a manner that does not cause
43-33	disproportionate effort or expense and that allows for continued occupancy as places of worship
43-34	in buildings and structures where worship is a historic use, provided that any condition that
44-1	represents a serious threat to life is mitigated by application of appropriate safeguards, and in so
44-2	doing, shall give due consideration in applying the provisions of this paragraph to occupancies
44-3	that normally are used by gatherings of less than fifty (50) persons.
44-4	SECTION 25. Sections 23-34.1-2, 23-34.1-4 and 23-34.1-16 of the General Laws in
44-5	Chapter 23-34.1 entitled "Amusement Ride Safety Act" are hereby amended to read as follows:
44-6	23-34.1-2. Purpose. -- ~~(1)~~ The purpose of this chapter is to guard against personal
44-7	injuries in the assembly, disassembly, and use of amusement devices, amusement attractions, and
44-8	temporary structures at public fairs and expositions, carnivals, festivals, celebrations, bazaars, and
44-9	permanent facilities. Such devices, attractions, and structures shall be designed, constructed,
44-10	assembled or disassembled, maintained, and operated so as to prevent such injuries.
44-11	23-34.1-4. Inspection registration seal. -- No amusement ride or device shall be placed
44-12	in service unless an inspection registration seal of the commissioner is affixed to it by the
44-13	administrator or his or her agent. The inspection registration seal shall contain:
44-14	(1) The name of the owner of the ride;
44-15	(2) The serial number of the ride;
44-16	(3) The year of manufacture;
44-17	(4) The identification number established by the commissioner or his or her designee;
44-18	(5) The name of the manufacturer; and
44-19	(6) The current yearly inspection sticker. ~~; and~~
44-20	~~(7) [Deleted by P.L. 2002, ch. 317, section 1.]~~
44-21	23-34.1-16. Exemption -- Bazaars, fairs and circuses. -- ~~(a)~~ Bazaars, fairs, and circuses
44-22	shall not be inspected under these regulations unless, and only to the extent that such bazaars,
44-23	fairs and circuses have amusement rides or devices associated with them. When a bazaar, fair or
44-24	circus contains any amusement ride or device, the provisions of this chapter concerning carnivals
44-25	shall apply.
44-26	SECTION 26. Sections 23-60-2 and 23-60-5 of the General Laws in Chapter 23-60
44-27	entitled "Battery Deposit and Control" are hereby amended to read as follows:
44-28	23-60-2. Definitions. -- As used in this chapter:
44-29	(1) "Consumer" means an individual who purchases a vehicle battery for use,
44-30	consumption, or any use other than resale;
44-31	(2) "Dealer" means every person in this state who engages in the sale of vehicle
44-32	batteries;
44-33	(3) "Director" means the director of the department of environmental management;
45-34	(4) "Distributor" means every person who engages in the sale of vehicle batteries to a
45-35	dealer in this state including any manufacturer who engages in such sales;
45-36	(5) "Manufacturer" means a person who manufactures vehicle batteries;
45-37	(6) "Person" means any person, firm, partnership, association, corporation, or
45-38	organization of any kind whatsoever;
45-39	~~(7) [Deleted by P.L. 2000, ch. 179, section 1._;~~
45-40	~~(8)~~(7)"Vehicle" means every vehicle which is self-propelled and designed for carrying
45-41	persons or property or which is used for the transportation of persons, including, but not limited
45-42	to, buses, automobiles, truck, boats, motorcycles, farm, lawn and garden equipment, and
45-43	snowmobiles;
45-44	~~(9)~~(8) "Vehicle battery" means batteries used in any vehicle, or of a capacity of six (6)
45-45	volts or more, and of one hundred fifty (150) pounds or less in weight, and like batteries in
45-46	stationary uses.
45-47	23-60-5. Distributor acceptance -- Reimbursement by distributor. -- (a) A distributor
45-48	or manufacturer shall not refuse to accept from any dealer any used vehicle battery in reasonably
45-49	clean and substantially unbroken condition of the kind, size, and brand sold by the distributor or
45-50	manufacturer.
45-51	~~(b) [Deleted by P.L. 2000, ch. 179, section 1.]~~
45-52	~~(c)~~(b) Whenever a dealer or group of dealers receives a shipment or consignment of, or
45-53	in any manner acquires, vehicle batteries outside Rhode Island for sale to consumers in Rhode
45-54	Island, the dealer or dealers shall comply with this chapter as if they were distributors, as well as
45-55	dealers.
45-56	SECTION 27. Section 23-60.1-2 of the General Laws in Chapter 23-60.1 entitled "Dry
45-57	Cell Battery Control" is hereby amended to read as follows:
45-58	23-60.1-2. Definitions. -- As used in this chapter:
45-59	(1) "Alkaline-manganese battery" means any dry cell battery containing manganese
45-60	dioxide and zinc electrodes and an alkaline electrolyte.
45-61	~~(2) [Deleted by P.L. 2000, ch. 179, section 1.]~~
45-62	~~(3) [Deleted by P.L. 2000, ch. 179, section 1.]~~
45-63	~~(4) [Deleted by P.L. 2000, ch. 179, section 1.]~~
45-64	~~(5)~~(2) "Dry cell battery" means all batteries in which the electrolyte is absorbed, gelled,
45-65	or solidified such that the electrolyte is not a free-standing body of liquid. Dry cell batteries do
45-66	not include vehicle batteries as defined by section 23-60-2.
45-67	~~(6)~~(3) "Lead-acid dry cell battery" means a battery containing a lead-acid system,
45-68	generally used in rechargeable consumer products, and weighing less than twenty-five (25)
46-1	pounds.
46-2	~~(7) [Deleted by P.L. 2000, ch. 179, section 1.]~~
46-3	~~(8)~~(4) "Mercuric-oxide battery" means a dry cell battery containing zinc and mercuric
46-4	oxide electrodes and used both in household and non-household, often medical, applications.
46-5	~~(9)~~(5) "Nickel-cadmium battery" means any dry cell battery containing cadmium and
46-6	nickel electrodes and an alkaline electrolyte.
46-7	~~(10) [Deleted by P.L. 2000, ch. 179, section 1.]~~
46-8	~~(11) [Deleted by P.L. 2000, ch. 179, section 1.]~~
46-9	~~(12) [Deleted by P.L. 2000, ch. 179, section 1.]~~
46-10	~~(13) [Deleted by P.L. 2000, ch. 179, section 1.]~~
46-11	SECTION 28. Section 23-64.1-2 of the General Laws in Chapter 23-64.1 entitled
46-12	"Commission for Health Advocacy and Equity" is hereby amended to read as follows:
46-13	23-64.1-2. Definitions. -- As used in this chapter, the following words and phrases have
46-14	the following meanings:
46-15	(1) “Commission” means the commission of health advocacy and equity; formerly
46-16	entitled the minority health advisory committee.
46-17	~~(1)~~(2) "Community-based health agency" means an organization that provides health
46-18	services or health education, including a hospital, a community health center, a community
46-19	mental health or substance abuse center, and other health-related organizations.
46-20	~~(2)~~(3) "Community-based health and wellness organization" means any organization,
46-21	whether for-profit or not-for-profit that provides services that support the health and well-being of
46-22	Rhode Islanders.
46-23	~~(3)"Disparities" means the preventable inequalities in health status, including the~~
46-24	~~incidence, prevalence, mortality, and burden of diseases and other adverse health conditions that~~
46-25	~~exist among population groups in Rhode Island. Disparities are impacted by social determinants~~
46-26	~~of health which include, but are not limited to, access to services, quality of services, health~~
46-27	~~behaviors, and environmental exposures.~~
46-28	(4) "Community health worker" means any individual who assists and coordinates
46-29	services between providers of health services, community services, social agencies for vulnerable
46-30	populations. Community health workers provide support and assist in navigating the health and
46-31	social services system.
46-32	~~(5) "Commission" means the commission of health advocacy and equity; formerly~~
46-33	~~entitled the minority health advisory committee.~~
47-34	(5) “Disparities” means the preventable inequalities in health status, including the
47-35	incidence, prevalence, mortality, and burden of diseases and other adverse health conditions that
47-36	exist among population groups in Rhode Island. Disparities are impacted by social determinants
47-37	of health which include, but are not limited to, access to services, quality of services, health
47-38	behaviors, and environmental exposures.
47-39	SECTION 29. Section 23-65-1 of the General Laws in Chapter 23-65 entitled "Board of
47-40	Certification of Operators of Public Water Supply Facilities" is hereby amended to read as
47-41	follows:
47-42	23-65-1. Definitions. -- As used in this chapter:
47-43	(1) "Assistant superintendent" means the individual who is an operator who is
47-44	responsible for the management, operation, and maintenance of a water supply treatment facility
47-45	or water transmission and distribution system in the absence of the superintendent and who shall
47-46	have a certificate appropriate to the type and grade of the water treatment facility or water
47-47	transmission and distribution system. Water system officials not working at the water system
47-48	treatment facilities or transmission or distribution system, as further defined through the
47-49	development and establishment of the board's rules and regulations, are not covered by this
47-50	section.
47-51	(2) "Board" means the board of certification established by section 23-65-2.
47-52	(3) "Certificate" means a certificate of competency issued by the director to an individual
47-53	to operate one or more specified classes of public water supply facilities.
47-54	(4) "Community water supply" means any public water supply which served at least
47-55	fifteen (15) service connections used by year-round residents or regularly serves at least twenty-
47-56	five (25) year-round residents.
47-57	(5) "Director" means the director of the department of health or a subordinate to whom
47-58	the director has assigned his or her functions.
47-59	(6) "Groundwater under the direct influence of surface water" means any water beneath
47-60	the surface of the ground with (i) significant occurrence of insects or other microorganisms,
47-61	algae, or large diameter pathogens such as Giardia Iamblia, or (ii) significant and relatively rapid
47-62	shifts in water characteristics such as turbidity, temperature, conductivity, or PH which closely
47-63	correlate to climatological or surface water conditions.
47-64	(7) “Non-community non-transient water system” means a non-community water system
47-65	that regularly services at least twenty-five (25) of the same persons over six (6) months per year.
47-66	(8) “Non-community water system” means a public water system that is not a community
47-67	water system.
48-68	~~(7)~~(9) "Operator" means an individual whose routine job duties involve performing
48-69	operational activities or making decisions regarding the daily operational activities of a public
48-70	water system, water treatment facility and/or transmission and distribution system, that may
48-71	directly impact the quality and/or quantity of drinking water. Operator does not apply to an
48-72	official exercising only general administrative supervision or engineering design duties, such as
48-73	the city engineer or an elected water commissioner, or clerical or administrative workers involved
48-74	only in activities such as customer relations, billing, payroll, time keeping, etc.
48-75	~~(8)~~(10) "Person" means any individual, partnership, firm, association, joint venture,
48-76	public or private corporation, trust estate, commission, board, public or private institution, utility,
48-77	cooperative, municipality or any other political subdivision of this state, any interstate body, or
48-78	any other legal entity.
48-79	~~(9)~~(11) "Public water supply" means a system for the provisions of the public of piped
48-80	water for human consumption, if such system has at least fifteen (15) service connections or
48-81	regularly serves at least twenty-five (25) individuals daily at least sixty (60) days out of the year.
48-82	~~(10)~~(12) "Superintendent" means the individual who is an operator who is directly
48-83	responsible for the management, operation, and maintenance of a water supply treatment facility
48-84	or water transmission and distribution system during all working shifts and who shall hold a
48-85	certificate appropriate to the type and grade of the water treatment facility or water transmission
48-86	and distribution system.
48-87	~~(11)~~(13) "Transmission and distribution system" means a network of pipes that
48-88	transports, distributes, and delivers water from a water treatment facility or well(s) to water
48-89	system customers.
48-90	~~(12)~~(14) "Water supply treatment facility" means an arrangement of devices and
48-91	structures constructed and/or installed for the purpose of treatment of water supply.
48-92	~~(13)"Non-community water system" means a public water system that is not a~~
48-93	~~community water system.~~
48-94	~~(14) "Non-community non-transient water system" means a non-community water~~
48-95	~~system that regularly services at least twenty five (25) of the same persons over six (6) months~~
48-96	~~per year.~~
48-97	SECTION 30. Section 23-82-3 of the General Laws in Chapter 23-82 entitled
48-98	"Implementation of the Regional Greenhouse Gas Initiative Act" is hereby amended to read as
48-99	follows:
48-100	23-82-3. Definitions. -- As used in this chapter:
48-101	(1) "Allowance" means an authorization to emit a fixed amount of carbon dioxide;
49-102	(2) “Council” means the energy efficiency and resources management council;
49-103	~~(2)~~(3) "Department" means department of environmental management;
49-104	~~(3) "Regional greenhouse gas initiative" or "RGGI" means the memorandum of~~
49-105	~~understanding (MOU) dated December 20, 2005, as may be amended, and corresponding model~~
49-106	~~rule, as may be amended, that establishes an electric power sector carbon emissions cap and trade~~
49-107	~~program.~~
49-108	(4) "Office" means the office of energy resources; and
49-109	(5) “Regional greenhouse gas initiative” or “RGGI” means the memorandum of
49-110	understanding (MOU) dated December 20, 2005, as may be amended, and corresponding model
49-111	rule, as may be amended, that establishes an electric power sector carbon emissions cap and trade
49-112	program.
49-113	~~(5) "Council" means the energy efficiency and resources management council.~~
49-114	SECTION 31. Section 23-83-2 of the General Laws in Chapter 23-83 entitled "The
49-115	Umbilical Cord Blood Donation Notification Act" is hereby amended to read as follows:
49-116	23-83-2. Definitions. -- As used in this chapter, the following terms are defined as
49-117	follows:
49-118	~~(1) "Umbilical cord blood" is the blood that remains in the umbilical cord and placenta~~
49-119	~~after the birth of a newborn child.~~
49-120	~~(2) "Public cord blood bank" is a bank that maintains a supply of unrelated cord blood~~
49-121	~~units that are philanthropically donated for transplantation or research purposes. This bank may~~
49-122	~~also store a limited number of units for autologous or family use when a disease that is treatable~~
49-123	~~by cord blood transplantation is known to exist within the donor's family.~~
49-124	~~(3) "Private cord blood bank" is a bank that for a fee stores cord blood units for~~
49-125	~~autologous or family use.~~
49-126	~~(4)~~(1) "Mixed bank" is a bank that maintains a supply of unrelated cord blood units
49-127	philanthropically donated by transplantation or research purposes to unrelated recipients and also
49-128	for a fee stores cord blood for autologous use and use by family members.
49-129	~~(5)~~(2) "Obstetrical professional or facility" is licensed health care providers, including,
49-130	but not limited to, hospitals, birthing centers, health clinics, midwives, obstetricians and other
49-131	physicians who provide obstetrical services.
49-132	(3) "Private cord blood bank" is a bank that for a fee stores cord blood units for
49-133	autologous or family use.
49-134	(4) "Public cord blood bank" is a bank that maintains a supply of unrelated cord blood
49-135	units that are philanthropically donated for transplantation or research purposes. This bank may
49-136	also store a limited number of units for autologous or family use when a disease that is treatable
50-1	by cord blood transplantation is known to exist within the donor's family.
50-2	(5) "Umbilical cord blood" is the blood that remains in the umbilical cord and placenta
50-3	after the birth of a newborn child.
50-4	SECTION 32. Sections 24-8-15 and 24-8-26 of the General Laws in Chapter 24-8
50-5	entitled "Construction and Maintenance of State Roads" are hereby amended to read as follows:
50-6	24-8-15. Snow and ice removal -- Notice of defects. -- (a) Every town or city shall at its
50-7	own expense keep state roads within its limits, respectively, sufficiently clear of snow and ice so
50-8	the roads shall be reasonably safe for travel as now required by law, and shall at once notify in
50-9	writing the director of transportation or his or her employees of any defect or want of repair of
50-10	state roads within its limits.
50-11	(b) ~~(1) [Deleted by P.L. 2005, ch. 195, section 1 and P.L. 2005, ch. 200, section 1.]~~
50-12	~~(2)~~(1) All storage piles or areas where road de-icing agents are stored within the Scituate
50-13	watershed shall be adequately covered and stored on an impervious base to mitigate runoff
50-14	impacts to ground and surface waters. The director of the department of transportation shall
50-15	ensure where funds allow, that all drivers, loaders and handlers of de-icing agents within any
50-16	watershed participate in training sessions in the proper application and control of road de-icing
50-17	agents; that de-icing vehicles, wherever feasible, operating within the Scituate watershed area
50-18	equipped with sensor devices to control the spread rate of de-icing materials in relation to the
50-19	speed of the vehicle.
50-20	~~(3)~~(2) For purposes of this section the "Scituate watershed" shall mean the total drainage
50-21	area into the Scituate Reservoir -- an area of some 92.8 square miles in the towns of Scituate,
50-22	Johnston, Foster, Glocester, and Smithfield -- which because of its topography, soil type, and
50-23	drainage patterns acts as a collector of rain waters which replenish or regorge existing public
50-24	drinking water supplies in the Scituate Reservoir.
50-25	24-8-26. Removal of snow and ice from bridges -- Notice of defects. -- (a) Every town
50-26	or city in which any bridge is located, which shall be maintained by the state under the provisions
50-27	of this chapter, shall at its own expense keep the bridge within its limits sufficiently clear of snow
50-28	and ice so that the bridge shall be reasonably safe for traveling, and shall at once notify in writing
50-29	the director of transportation or the director's employees of any defect or want of repair in the
50-30	bridge. The director of transportation shall upon the receipt of the information notify any public
50-31	utility using the bridge of the defect or want of repair.
50-32	~~(b) [Deleted by P.L. 2005, ch. 195, section 1 and P.L. 2005, ch. 200, section 1.]~~
50-33	~~(c)~~(b) All storage piles or areas where road de-icing agents are stored within the Scituate
50-34	watershed shall be adequately covered and stored on an impervious base to mitigate runoff
51-1	impacts to ground and surface waters. The director of the department of transportation shall
51-2	ensure where funds allow, that all drivers, loaders, and handlers of de-icing agents within any
51-3	watershed participate in training sessions in the proper application and control of road de-icing
51-4	agents; that de-icing vehicles, wherever feasible, operating within the Scituate watershed area
51-5	equipped with sensor devices to control the spread rate of de-icing materials in relation to the
51-6	speed of the vehicle.
51-7	~~(d)~~(c) For purposes of this section the "Scituate watershed" shall mean the total drainage
51-8	area into the Scituate Reservoir -- an area of some 92.8 square miles in the towns of Scituate,
51-9	Johnston, Foster, Glocester, and Smithfield -- which because of its topography, soil type, and
51-10	drainage patterns acts as a collector of rain waters which replenish or regorge existing public
51-11	drinking water supplies in the Scituate Reservoir.
51-12	SECTION 33. Section 24-12-37 of the General Laws in Chapter 24-12 entitled "Rhode
51-13	Island Turnpike and Bridge Authority" is hereby amended to read as follows:
51-14	24-12-37. Penalty for nonpayment of toll -- Toll Violators. -- (a) Any person who fails
51-15	or refuses to pay or prepay the required toll shall be required to pay the toll amount and an
51-16	administrative fee of six dollars ($6.00) within thirty (30) days of issuance of the notice of
51-17	violation.
51-18	(b) Any person who fails to pay the due toll amount and the administrative fee within
51-19	thirty (30) days of the issuance of the notice of the violation shall be punished by a fine of eighty-
51-20	five dollars ($85.00) and may have his or her drivers license suspended pursuant to section 31-
51-21	41.1-6 for a period not to exceed thirty (30) days for the violation. Toll violators, who fail to pay
51-22	the due toll amount and the administrative fee within thirty (30) days of the issuance of the notice
51-23	of the violation shall receive a traffic violation summons which shall be subject to the jurisdiction
51-24	of the Traffic Tribunal. The toll amount, and administrative fee due under this subsection shall be
51-25	remitted to the Rhode Island Turnpike and Bridge Authority.
51-26	(c) "Toll Violator" means, for the purposes of this section, any person who uses any
51-27	project and fails to pay the required toll and accepts an Unpaid Toll Invoice from the Authority.
51-28	~~(2)~~(1) The authority shall promulgate appropriate rules and regulations to ensure the
51-29	proper administration of the provisions of this section.
51-30	~~(3)~~(2) For the purposes of this section only, "person" means the registered owner, driver,
51-31	rentee or lessee of a motor vehicle.
51-32	~~(4)~~(3) It is unlawful for any person or business, other than an authorized representative
51-33	of the authority: (i) to sell, offer for sale or attempt to sell tokens, tickets, passes or other
51-34	evidences of payment issued for passage on any project of the authority, including but not limited
52-1	to, the Claiborne Pell Bridge, if originally issued by the authority pursuant to any program of the
52-2	authority providing for a reduced rate of toll based upon frequency of use of the project, volume
52-3	of tokens, passes or other evidences of payment purchased, or method of payment for the toll; or
52-4	(ii) to sell, offer for sale, or attempt to sell tokens, passes or other evidences of payment issued for
52-5	passage on any project of the authority, including but not limited to, the Claiborne Pell Bridge for
52-6	a profit. Any person or business who is found in violation of this subsection shall be punished, for
52-7	each offense, by a fine of not more than five hundred dollars ($500).
52-8	SECTION 34. Section 24-15-2 of the General Laws in Chapter 24-15 entitled "Scenic
52-9	Highways" is hereby amended to read as follows:
52-10	24-15-2. Definitions. -- As used in this chapter:
52-11	(1) "Board" means the scenic roadways board.
52-12	~~(2) [Deleted by P.L. 2005, ch. 228, section 1 and P.L. 2005, ch. 315, section 1_.~~
52-13	~~(3)~~(2) "Director" means the director of the department of transportation.
52-14	~~(4)~~(3) "Municipality" means a city or town.
52-15	SECTION 35. Section 42-26-6 of the General Laws in Chapter 42-26 entitled "Rhode
52-16	Island Justice Commission" is hereby amended to read as follows:
52-17	42-26-6. Criminal justice policy board -- Appointment of members. -- The criminal
52-18	justice policy board shall consist of:
52-19	(1) The attorney general;
52-20	(2) The superintendent of the state police and director of the department of public safety;
52-21	(3) The public defender;
52-22	(4) The director of the department of corrections;
52-23	(5) The director of the department of human services;
52-24	(6) ~~The director of the department of mental health, retardation, and hospitals;~~ The
52-25	director of the department of behavioral healthcare, developmental disabilities and hospitals;
52-26	(7) ~~The chairperson of the state board of governors for higher education;~~ The chairperson
52-27	of the state board of regents;
52-28	(8) The director of the department of children, youth, and families;
52-29	(9) The chief justice of the family court;
52-30	(10) The president of the Rhode Island Police Chiefs Association;
52-31	(11) One police chief selected by the Rhode Island Police Chiefs Association;
52-32	(12) The chief justice of the Rhode Island Supreme Court;
52-33	(13) The presiding justice of the superior court;
53-34	(14) The chief judge of the district court;
53-35	(15) Seven (7) members of the general assembly; four (4) from the house of
53-36	representatives, at least one of whom shall be a member of the minority, to be appointed by the
53-37	speaker, and three (3) from the senate, at least one of whom shall be a member of the minority, to
53-38	be appointed by the president of the senate;
53-39	(16) The executive director of the Rhode Island League of Cities and Towns;
53-40	(17) The director of health;
53-41	(18) The director of the division of fire safety;
53-42	(19) One university or college faculty member with a research background in criminal
53-43	justice appointed by the governor;
53-44	(20) Four (4) citizens appointed by the governor;
53-45	(21) Three (3) representatives appointed by the governor from community service
53-46	organizations.
53-47	SECTION 36. Section 21-28-2.08 of the General Laws in Chapter 21-28 entitled
53-48	"Uniform Controlled Substances Act" is hereby amended to read as follows:
53-49	21-28-2.08. Contents of schedules. -- Schedule I
53-50	(a) Schedule I shall consist of the drugs and other substances, by whatever official name,
53-51	common or usual name, chemical name, or brand name designated, listed in this section.
53-52	(b) Opiates. - Unless specifically excepted or unless listed in another schedule, any of
53-53	the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and
53-54	ethers whenever the existence of the isomers, esters, ethers, and salts is possible within the
53-55	specific chemical designation:
53-56	(1) Acetylmethadol
53-57	(2) Allylprodine
53-58	(3) Alphacetylmethadol
53-59	(4) Alphameprodine
53-60	(5) Alphamethadol
53-61	(6) Benzethidine
53-62	(7) Betacetylmethadol
53-63	(8) Betameprodine
53-64	(9) Betamethadol
53-65	(10) Betaprodine
53-66	(11) Clonitazene
53-67	(12) Dextromoramide
54-68	(13) Difenoxin
54-69	(14) Diampromide
54-70	(15) Diethylthiambutene
54-71	(16) Dimenoxadol
54-72	(17) Dimepheptanol
54-73	(18) Dimethylthiambutene
54-74	(19) Dioxaphetyl butyrate
54-75	(20) Dipipanone
54-76	(21) Ethylmethylthiambutene
54-77	(22) Etonitazene
54-78	(23) Extoxerdine
54-79	(24) Furethidine
54-80	(25) Hydroxypethidine
54-81	(26) Ketobemidone
54-82	(27) Levomoramide
54-83	(28) Levophenacylmorphan
54-84	(29) Morpheridine
54-85	(30) Noracymethadol
54-86	(31) Norlevorphanol
54-87	(32) Normethadone
54-88	(33) Norpipanone
54-89	(34) Phenadoxone
54-90	(35) Phenampromide
54-91	(36) Phenomorphan
54-92	(37) Phenoperidine
54-93	(38) Piritramide
54-94	(39) Proheptazine
54-95	(40) Properidine
54-96	(41) Propiram
54-97	(42) Racemoramide
54-98	(43) Trimeperidone
54-99	(44) Tilidine
54-100	(45) Alpha-methylfentanyl
54-101	(46) Beta-hydroxy-3-methylfentanyl other names:
55-102	N-[1-(2hydroxy-2-phenethyl)-3-methyl-4piperidingyl] Nphenylpropanamide
55-103	(c) Opium Derivatives. - Unless specifically excepted or unless listed in another
55-104	schedule, any of the following opium derivatives, its salts, isomers, and salts of isomers whenever
55-105	the existence of the salts, isomers, and salts of isomers is possible within the specific chemical
55-106	designation:
55-107	(1) Acetorphine
55-108	(2) Acetyldihydrocodeine
55-109	(3) Benzylmorphine
55-110	(4) Codeine methylbromide
55-111	(5) Codeine-N-Oxide
55-112	(6) Cyprenorphine
55-113	(7) Desomorphine
55-114	(8) Dihydromorphine
55-115	(9) Etorphine (Except hydrochloride salt)
55-116	(10) Heroin
55-117	(11) Hydromorphinol
55-118	(12) Methyldesorphine
55-119	(13) Methylihydromorphine
55-120	(14) Morphine methylbromide
55-121	(15) Morphine methylsulfonate
55-122	(16) Morphine-N-Oxide
55-123	(17) Myrophine
55-124	(18) Nococodeine
55-125	(19) Nicomorphine
55-126	(20) Normorphine
55-127	(21) Pholcodine
55-128	(22) Thebacon
55-129	(23) Drotebanol
55-130	(d) Hallucinogenic Substances. - Unless specifically excepted or unless listed in another
55-131	schedule, any material, compound, mixture, or preparation, which contains any quantity of the
55-132	following hallucinogenic substances, or which contains any of its salts, isomers, and salts of
55-133	isomers whenever the existence of the salts, isomers, and salts of isomers is possible within the
55-134	specific chemical designation (for purposes of this subsection only, the term "isomer" includes
55-135	the optical, position, and geometric isomers):
56-136	(1) 3, 4-methylenedioxy amphetamine
56-137	(2) 5-methoxy-3, 4-methylenedioxy amphetamine
56-138	(3) 3, 4, 5-trimethoxy amphetamine
56-139	(4) Bufotenine
56-140	(5) Diethyltryptamine
56-141	(6) Dimethyltryptamine
56-142	(7) 4-methyl 2, 5-dimethoxyamphetamine
56-143	(8) Ibogaine
56-144	(9) Lysergic acid diethylamide
56-145	(10) Marihuana
56-146	(11) Mescaline
56-147	(12) Peyote. Meaning all parts of the plant presently classified botanically as
56-148	Lophophora Williamsii Lemair whether growing or not; the seeds of the plant; any extract from
56-149	any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of
56-150	the plant, its seeds or extracts.
56-151	(13) N-ethyl-3-piperidyl benzilate
56-152	(14) N-methyl-3-piperidyl benzilate
56-153	(15) Psilocybin
56-154	(16) Psilocyn
56-155	(17) Tetrahydrocannabinols. Synthetic equivalents of the substances contained in the
56-156	plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and
56-157	their isomers with similar chemical structure and pharmacological activity such as the following:
56-158	delta 1 cis or trans tetrahydrocannabinol, and their optical isomers. Delta 6 cis or trans
56-159	tetrahydrocannabinol and their optical isomers. Delta 3, 4 cis or trans tetrahydrocannabinol and
56-160	its optical isomer. (Since nomenclature of these substances is not internationally standardized,
56-161	compounds of these structures, regardless of numerical designation of atomic positions covered).
56-162	(18) Thiophene analog of phencyclidine. 1-(1-(2 thienyl) cyclo-hexyl) pipiridine: 2-
56-163	Thienyl analog of phencyclidine: TPCP
56-164	(19) 2,5 dimethoxyamphetamine
56-165	(20) 4-bromo-2,5-dimethoxyamphetamine, 4-bromo-2,5-dimethoxy-alpha-
56-166	methylphenethyamine: 4-bromo-2,5-DMA
56-167	(21) 4-methoxyamphetamine-4-methoxy-alpha-methylphenethylaimine:
56-168	paramethoxyamphetamine: PMA
56-169	(22) Ethylamine analog of phencyclidine. N-ethyl-1- phenylcyclohexylamine, (1-
56-170	phenylcyclohexyl) ethylamine, N-(1-phenylcyclophexyl) ethylamine, cyclohexamine, PCE
57-1	(23) Pyrrolidine analog of phencyclidine. 1-(1-phencyclohexyl)- pyrrolidine PCPy, PHP
57-2	(24) Parahexyl; some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-
57-3	6,6,9-trimethyl-6H-dibenz o (b,d) pyran: Synhexyl.
57-4	(e) Depressants. - Unless specifically excepted or unless listed in another schedule, any
57-5	material, compound, mixture, or preparation which contains any quantity of the following
57-6	substances having a depressant effect on the central nervous system, including its salts, isomers,
57-7	and salts of isomers whenever the existence of the salts, isomers, and salts of isomers is possible
57-8	within the specific chemical designation:
57-9	(1) Mecloqualone.
57-10	(2) Methaqualone.
57-11	(3) 3-methyl fentanyl (n-( ethyl-1(2-phenylethyl)-4-piperidyl)-N-phenylpropanamide.
57-12	(4) 3,4-methyl-enedioxymethamphetamine (MDMA), its optical, positional and
57-13	geometric isomers, salts, and salts of isomers.
57-14	(5) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP), its optical isomers, salts and
57-15	salts of isomers.
57-16	(6) 1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine (PEPAP), its optical isomers, salts
57-17	and salts of isomers.
57-18	(7) N-(1-(1-methyl-2-phenyl)ethyl-4-piperidyl)-N-phenyl-acetamide (acetyl-alpha-
57-19	methylfentanyl), its optical isomers, salts and salts of isomers.
57-20	(8) N-(1-(1-methyl-2(2-thienyl)ethyl-4-piperidyl)-N-phenylpropanami de (alpha-
57-21	methylthiofentanyl), its optical isomers, salts and salts of isomers.
57-22	(9) N-(1-benzyl-piperidyl)-N-phenylpropanamide (benzyl-fentanyl), its optical isomers,
57-23	salts and salts of isomers.
57-24	(10) N-(1-(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenyl-propanamid e (beta-
57-25	hydroxyfentanyl), its optical isomers, salts and salts of isomers.
57-26	(11) N-(3-methyl-1(2-hydroxy-2-phenyl)ethyl-4-piperidyl)-N-phenylpro panamide (beta-
57-27	hydroxy-3-methylfentanyl), its optical and geometric isomers, salts and salts of isomers.
57-28	(12) N-(3-methyl)-1-(2-(2-thienyl)ethyl-4-piperidyl)-N-phenylpro- panamide (3-
57-29	methylthiofentanyl), its optical and geometric isomers, salts and salts of isomers.
57-30	(13) N-(1-2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide (thenylfentanyl), its
57-31	optical isomers, salts and salts of isomers.
57-32	(14) N-(1-(2(2-thienyl)ethyl-4-piperidyl-N-phenylpropanamide (thiofentanyl), its optical
57-33	isomers, salts and salts of isomers.
58-34	(15) N-[1-(2-phenylethyl)-4-piperidyl]N-(4-fluorophenyl)-propanamid e (para-
58-35	fluorofentanyl), its optical isomers, salts and salts of isomers.
58-36	(16) Gamma hydroxybutyrate, HOOC-CH2-CH2-CH2OH, its optical, position, or
58-37	geometric isomers, salts and salts of isomers.
58-38	(f) Stimulants. - Unless specifically excepted or unless listed in another schedule, any
58-39	material, compound, mixture, or preparation which contains any quantity of the following
58-40	substances having a stimulant effect on the central nervous system, including its salts, isomers,
58-41	and salts of isomers:
58-42	(1) Fenethylline
58-43	(2) N-ethylamphetamine
58-44	(3) 4-methyl-N-methylcathinone (Other name: mephedrone)
58-45	(4) 3,4-methylenedioxy-N-methlycathinone (Other name: methylone)
58-46	(5) 3,4-methylenedioxypyrovalerone (Other name: MDPV)
58-47	(g) Any material, compound, mixture or preparation which contains any quantity of the
58-48	following substances:
58-49	(1) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497)
58-50	(2) 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol
58-51	and CP-47,497 c8 homologue)
58-52	(3)1-Butyl-3-(1 naphthoyl)indole, (JWH-073)
58-53	(4) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200)
58-54	(5) 1-Pentyl-3-(1-napthoyl)indole, (JWH-018 and AM678)
58-55	Schedule II
58-56	(a) Schedule II shall consist of the drugs and other substances, by whatever official
58-57	name, common or usual name, chemical name, or brand name designated, listed in this section.
58-58	(b) Substances, vegetable origin or chemical synthesis. - Unless specifically excepted or
58-59	unless listed in another schedule, any of the following substances whether produced directly or
58-60	indirectly by extraction from substances of vegetable origin, or independently by means of
58-61	chemical synthesis, or by a combination of extraction and chemical synthesis:
58-62	(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or
58-63	opiate excluding naloxone and its salts, and excluding naltrexone and its salts, but including the
58-64	following:
58-65	(i) Raw opium
58-66	(ii) Opium extracts
58-67	(iii) Opium fluid extracts
59-68	(iv) Powdered opium
59-69	(v) Granulated opium
59-70	(vi) Tincture of opium
59-71	(vii) Etorphine hydrochloride
59-72	(viii) Codeine
59-73	(ix) Ethylmorphine
59-74	(x) Hydrocodone
59-75	(xi) Hydromorphone
59-76	(xii) Metopon
59-77	(xiii) Morphine
59-78	(xiv) Oxycodone
59-79	(xv) Oxymorphone
59-80	(xvi) Thebaine
59-81	(2) Any salt, compound, derivative, or preparation which is chemically equivalent or
59-82	identical with any of the substances referred to in subdivision (1) of this subsection, except that
59-83	these substances shall not include the isoquinoline alkaloids of opium.
59-84	(3) Opium poppy and poppy straw.
59-85	(4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and
59-86	any salt, compound, derivative, or preparation which is chemically equivalent or identical with
59-87	any of these substances, except that the substances shall not include decocainized coca leaves or
59-88	extraction of coca leaves, which extractions do not contain cocaine or ecgonine.
59-89	(5) Concentrate of poppy straw (the crude extract of poppy straw in liquid, solid, or
59-90	powder form which contains the phenanthrine alkaloids of the opium poppy).
59-91	(c) Opiates. - Unless specifically excepted or unless listed in another schedule any of the
59-92	following opiates, including its isomers, esters, ethers, salts; and salts of isomers, esters and,
59-93	ethers whenever the existence of the isomers, esters, ethers, and salts is possible within the
59-94	specific chemical designation:
59-95	(1) Alphaprodine
59-96	(2) Anileridine
59-97	(3) Bezitramide
59-98	(4) Dihydrocodeine
59-99	(5) Diphenoxylate
59-100	(6) Fentanyl
59-101	(7) Isomethadone
60-102	(8) Levomethorphan
60-103	(9) Levorphanol
60-104	(10) Metazocine
60-105	(11) Methadone
60-106	(12) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane
60-107	(13) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic
60-108	acid
60-109	(14) Pethidine
60-110	(15) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine
60-111	(16) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate
60-112	(17) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid
60-113	(18) Phenaxocine
60-114	(19) Piminodine
60-115	(20) Racemethorphan
60-116	(21) Racemorphan
60-117	(22) Bulk Dextropropoxyphene (non-dosage forms)
60-118	(23) Suffentanil
60-119	(24) Alfentanil
60-120	(25) Levoalphacetylmethadol
60-121	(d) Stimulants. - Unless specifically excepted or unless listed in another schedule, any
60-122	material, compound, mixture, or preparation which contains any quantity of the following
60-123	substances having a stimulant effect on the central nervous system:
60-124	(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers.
60-125	(2) Methamphetamine, its salts and salts of its isomers.
60-126	(3) Phenmetrazine and its salts.
60-127	(4) Methylphenidate.
60-128	(e) Depressants. - Unless specifically excepted or unless listed in another schedule, any
60-129	material, compound, mixture, or preparation which contains any quantity of the following
60-130	substances having a depressant effect on the central nervous system, including its salts, isomers,
60-131	and salts of isomers whenever the existence of the salts, isomers, and salts of isomers is possible
60-132	within the specific chemical designation:
60-133	(1) Amobarbital
60-134	(2) Glutethimide
60-135	(3) Methyprylon
61-136	(4) Pentobarbital
61-137	(5) Phencyclidine
61-138	(6) Secobarbital
61-139	(7) Phencyclidine immediate precursors:
61-140	(i) 1-phencyclohexylamine
61-141	(ii) 1-piperidinocyclohexane-carbonitrile (PCC)
61-142	(8) Immediate precursor to amphetamine and methamphetamine: Phenylacetone. Some
61-143	other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzone ketone.
61-144	Schedule III
61-145	(a) Unless specifically excepted or unless listed in another schedule, any material,
61-146	compound, mixture, or preparation which contains any quantity of the following substances
61-147	having a depressant effect on the central nervous system:
61-148	(1) Any substance which contains any quantity of a derivative of barbituric acid, or any
61-149	salt of a derivative of barbituric acid.
61-150	(2) Chlorhexadol
61-151	(3) Lysergic acid
61-152	(4) Lysergic acid amide
61-153	(5) Sulfondiethylmethane
61-154	(6) Sulfonethylmethane
61-155	(7) Sylfonmethane
61-156	(8) Any compound, mixture, or preparation containing amobarbital, secobarbital,
61-157	pentobarbital, or any salt of them and one or more other active medicinal ingredients which are
61-158	not listed in any schedule.
61-159	(9) Any suppository dosage form containing amobarbital, secobarbital, pentobarbital or
61-160	any salt of any of these drugs and approved by the Food and Drug Administration for marketing
61-161	only as a suppository.
61-162	(10) Ketamine, its salts, isomers and salts of isomers. (Some other names for ketamine:
61-163	(+)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone).
61-164	(b) Unless specifically excepted or unless listed in another schedule, any material,
61-165	compound, mixture, or preparation containing limited quantities of any of the following narcotic
61-166	drugs, or any salts of them:
61-167	(1) Not more than one and eight tenths grams (1.8 gms.) of codeine per one hundred
61-168	milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with an equal
61-169	or greater quantity of an isoquinoline alkaloid of opium.
62-170	(2) Not more than one and eight tenths grams (1.8 gms.) of codeine per one hundred
62-171	milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with one or
62-172	more active, nonnarcotic ingredients in recognized therapeutic amounts.
62-173	(3) Not more than three hundred milligrams (300 mgs.) of dihydrocodeinone per one
62-174	hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with
62-175	a fourfold or greater quantity of an isoquinoline alkaloid of opium.
62-176	(4) Not more than three hundred milligrams (300 mgs.) of dihydrocodeinone per one
62-177	hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with
62-178	one or more active nonnarcotic ingredients in recognized therapeutic amounts.
62-179	(5) Not more than one and eight tenths grams (1.8 gms.) of dihydrocodeine per one
62-180	hundred milliliters (100 mls.) or not more than ninety milligrams (90 mgs.) per dosage unit, with
62-181	one or more active nonnarcotic ingredients in recognized therapeutic amounts.
62-182	(6) Not more than three hundred milligrams (300 mgs.) of ethylmorphine per one
62-183	hundred milliliters (100 mls.) or not more than fifteen milligrams (15 mgs.) per dosage unit, with
62-184	one or more active nonnarcotic ingredients in recognized therapeutic amounts.
62-185	(7) Not more than five hundred milligrams (500 mgs.) of opium per one hundred
62-186	milliliters (100 mls.) or per one hundred grams (100 gms.) or not more than twenty-five
62-187	milligrams (25 mgs.) per dosage unit, with one or more active nonnarcotic ingredients in
62-188	recognized therapeutic amounts.
62-189	(8) Not more than fifty milligrams (50 mgs.) of morphine per one hundred milliliters
62-190	(100 mls.) per one hundred grams (100 gms.) with one or more active, nonnarcotic ingredients in
62-191	recognized therapeutic amounts.
62-192	(c) Stimulants. - Unless specifically excepted or listed in another schedule, any material,
62-193	compound, mixture, or preparation which contains any quantity of the following substances
62-194	having a stimulant effect on the central nervous system, including its salts, isomers, and salts of
62-195	the isomers whenever the existence of the salts of isomers is possible within the specific chemical
62-196	designation:
62-197	(1) Benzphetamine
62-198	(2) Chlorphentermine
62-199	(3) Clortermine
62-200	(4) Mazindol
62-201	(5) Phendimetrazine
62-202	(d) Steroids and hormones. - Anabolic steroids (AS) or human growth hormone (HGH),
62-203	excluding those compounds, mixtures, or preparations containing an anabolic steroid that because
62-204	of its concentration, preparation, mixture or delivery system, has no significant potential for
63-1	abuse, as published in 21 CFR 1308.34, including, but not limited to, the following:
63-2	(1) Chlorionic gonadotropin
63-3	(2) Clostebol
63-4	(3) Dehydrochlormethyltestosterone
63-5	(4) Ethylestrenol
63-6	(5) Fluoxymesterone
63-7	(6) Mesterolone
63-8	(7) Metenolone
63-9	(8) Methandienone
63-10	(9) Methandrostenolone
63-11	(10) Methyltestosterone
63-12	(11) Nandrolone decanoate
63-13	(12) Nandrolone phenpropionate
63-14	(13) Norethandrolone
63-15	(14) Oxandrolone
63-16	(15) Oxymesterone
63-17	(16) Oxymetholone
63-18	(17) Stanozolol
63-19	(18) Testosterone propionate
63-20	(19) Testosterone-like related compounds
63-21	(20) Human Growth Hormone (HGH)
63-22	(e) Hallucinogenic substances.
63-23	(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in
63-24	U.S. Food and Drug Administration approved drug product. (Some other names for dronabinol:
63-25	(6aR-trans)-6a, 7, 8, 10a- tetrahydro-6, 6, 9- trimethyl-3-pentyl-6H- dibenzo[b,d]yra n-1-ol,or(-)-
63-26	delta-9(trans)-tetrahydrocannabinol.)
63-27	Schedule IV
63-28	(1) Barbital.
63-29	(2) Chloral betaine
63-30	(3) Chloral hydrate
63-31	(4) Ethchrovynol
63-32	(5) Ethinamate
63-33	(6) Methohexital
64-34	(7) Meprobamate
64-35	(8) Methylphenobarbital
64-36	(9) Paraldehyde
64-37	(10) Petrichloral
64-38	(11) Phenobarbital
64-39	(12) Fenfluramine
64-40	(13) Diethylpropion
64-41	(14) Phentermine
64-42	(15) Pemoline (including organometallic complexes and chelates thereof).
64-43	(16) Chlordiazepoxide
64-44	(17) Clonazepam
64-45	(18) Clorazepate
64-46	(19) Diazepam
64-47	(20) Flurazepam
64-48	(21) Mebutamate
64-49	(22) Oxazepam
64-50	(23) Unless specifically excepted or unless listed in another schedule, any material,
64-51	compound, mixture, or preparation which contains any quantity of the following substances,
64-52	including its salts:
64-53	Dextropropoxyphene(alpha-(+)-4-dimethylamino-1,2-diphenyl-3- methyl-2-
64-54	propronoxybutane).
64-55	(24) Prazepam
64-56	(25) Lorazepam
64-57	(26) Not more than one milligram (1 mg.) of difenoxin and not less than twenty-five (25)
64-58	micrograms of atropine sulfate per dosage unit.
64-59	(27) Pentazocine
64-60	(28) Pipradrol
64-61	(29) SPA (-)-1-dimethylamino-1, 2-diphenylethane
64-62	(30) Temazepam
64-63	(31) Halazepam
64-64	(32) Alprazolam
64-65	(33) Bromazepam
64-66	(34) Camazepam
64-67	(35) Clobazam
65-68	(36) Clotiazepam
65-69	(37) Cloxazolam
65-70	(38) Delorazepam
65-71	(39) Estazolam
65-72	(40) Ethyl Ioflazepate
65-73	(41) Fludizaepam
65-74	(42) Flunitrazepam
65-75	(43) Haloxazolam
65-76	(44) Ketazolam
65-77	(45) Loprazolam
65-78	(46) Lormetazepam
65-79	(47) Medazepam
65-80	(48) Nimetazepam
65-81	(49) Nitrazepam
65-82	(50) Nordiazepam
65-83	(51) Oxazolam
65-84	(52) Pinazepam
65-85	(53) Tetrazepam
65-86	(54) Mazindol
65-87	(55) Triazolam
65-88	(56) Midazolam
65-89	(57) Quazepam
65-90	(58) Butorphanol
65-91	(59) Sibutramine
65-92	Schedule V
65-93	(a) Any compound, mixture, or preparation containing any of the following limited
65-94	quantities of narcotic drugs, which shall include one or more non-narcotic active medicinal
65-95	ingredients in sufficient proportion to confer upon the compound, mixture, or preparation
65-96	valuable medicinal qualities other than those possessed by the narcotic drug alone:
65-97	(1) Not more than two hundred milligrams (200 mgs.) of codeine per 100 milliliters (100
65-98	mls.) or per one hundred grams (100 gms.).
65-99	(2) Not more than one hundred milligrams (100 mgs.) of dihydrocodeine per 100
65-100	milliliters (100 mls.) or per one hundred grams (100 gms.).
65-101	(3) Not more than one hundred milligrams (100 mgs.) of ethylmorphine per 100
65-102	milliliters (100 mls.) or per one hundred grams (100 gms.).
66-1	(4) Not more than two and five tenths milligrams (2.5 mgs.) of diphenixylate and not less
66-2	than twenty-five (25) micrograms of atropine sulfate per dosage unit.
66-3	(5) Not more than one hundred milligrams (100 mgs.) of opium per one hundred
66-4	milliliters (100 mls.) or per one hundred grams (100 gms.).
66-5	(b) Not more than five tenths milligrams (0.5 mgs.) of difenoxin and not less than
66-6	twenty-five (25) micrograms of atropine sulfate per dosage unit.
66-7	(c) Buprenorphine
66-8	(d) Unless specifically exempted or excluded or unless listed in another schedule, any
66-9	material, compound, mixture, or preparation which contains any quantity of the following
66-10	substances having a stimulant effect on the central nervous system, including its salts, isomers
66-11	and salts of isomers:
66-12	(1) Propylhexedrine (except as benzedrex inhaler)
66-13	(2) Pyrovalerone.
66-14	SECTION 37. This act shall take effect upon passage.

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	EXPLANATION
	BY THE LEGISLATIVE COUNCIL
	OF
	A N A C T
	RELATING TO STATUTES AND STATUTORY CONSTRUCTION
	***

67-1	This act is the annual Statutes and Statutory Construction Act, introduced to make
67-2	technical corrections to the General Laws. These corrections are prepared based upon
67-3	recommendations of the Law Revision Office.
67-4	This act would take effect upon passage.

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H7496A