2016 -- H 7200

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LC003665

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION -- 2016

     

     Introduced By: Representatives DeSimone, and Newberry

     Date Introduced: January 15, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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ARTICLE I--STATUTORY CONSTRUCTION

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     SECTION 1. It is the express intention of the General Assembly to reenact the entirety of

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Titles 29, 30, and 32 contained in volume 5A of the General Laws of R.I., including every chapter

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and section therein, and any chapters and sections of titles 29, 30, and 32 not included in this act

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may be and are hereby reenacted as if fully set forth herein.

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     SECTION 2. Section 5-71-8 of the General Laws in Chapter 5-71 entitled "Licensure of

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Interpreters for the Deaf" is hereby amended to read as follows:

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     5-71-8. Qualifications of applicants for licenses. -- (a) To be eligible for licensure by

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the board as an interpreter for the deaf or transliterator, the applicant must submit written

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evidence on forms furnished by the department, verified by oath, that the applicant meets all of

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the following requirements:

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      (1) Is of good moral character;

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      (2) Meets the screened requirements as defined in regulations promulgated by the

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department or meets the certification requirements set forth by RID or its successor agency

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approved by the department in consultation with the board;

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      (3) Pays the department a license fee as set forth in § 23-1-54;

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      (4) Adheres to the National Association of the Deaf (NAD), and the Registry of

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Interpreters for the Deaf, Inc., (RID) code of professional conduct; and

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      (5) Provides verification of a background check with the bureau of criminal investigation

 

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in the office of attorney general at the time of the initial application for license.

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      (b) To be eligible for licensure by the board as an educational interpreter for the deaf, the

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applicant must meet all of the requirements as described in subsection (a) and must further

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present proof of successful completion of the educational interpreter performance assessment

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(EIPA), written and performance tests, or a similar test as approved by the board, at a

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performance level established by the board.

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      (c) An individual whose license, certification, permit, or equivalent form of permission

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issued within another state has been revoked, suspended, or currently placed on probation shall

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not be eligible for consideration for licensure unless they have first disclosed to the department

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about such disciplinary actions.

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     SECTION 3. Section 8-3-15 of the General Laws in Chapter 8-3 entitled "Justices of the

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Supreme, Superior, and Family Courts" is hereby amended to read as follows:

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     8-3-15. Cost of living allowance. -- (a) All justices of the supreme court, superior court,

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family court, or district court, or their surviving spouses or domestic partners, who retire after

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January 1, 1970, and who receive a retirement allowance pursuant to the provisions of this title

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shall, on the first day of January next following the third anniversary date of retirement, receive a

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cost-of-living retirement adjustment in addition to his or her retirement allowance in an amount

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equal to three percent (3%) of the original retirement allowance. In each succeeding year

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thereafter during the month of January, the retirement allowance shall be increased an additional

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three percent (3%) of the original allowance, not compounded, to be continued during the lifetime

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of the justice or his or her surviving spouse or domestic partner. For the purpose of such

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computation, credit shall be given for a full calendar year regardless of the effective date of the

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retirement allowance.

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      (b) Any justice who retired prior to January 31, 1977, shall be deemed for the purpose of

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this section to have retired on January 1, 1977.

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      (c) For justices not eligible to retire as of September 30, 2009, and not eligible upon

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passage of this article, and for their beneficiaries, the cost of living adjustment described in

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subsection (3) (a) above shall only apply to the first thirty-five thousand dollars ($35,000) of

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retirement allowance, indexed annually, and shall commence upon the third (3rd) anniversary of

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the date of retirement or when the retiree reaches age sixty-five (65), whichever is later. The

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thirty-five thousand dollar ($35,000) limit shall increase annually by the percentage increase in

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the Consumer Price Index for all Urban Consumer (CPI-U) as published by the United States

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Department of Labor Statistics determined as of September 30 of the prior calendar year or three

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percent (3%), whichever is less. The first thirty-five thousand dollars ($35,000), as indexed, of

 

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retirement allowance shall be multiplied by the percentage of increase in the Consumer Price

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Index for all Urban Consumers (CPI-U) as published by the United States Department of Labor

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Statistics determined as of September 30 of the prior calendar year or three percent (3%),

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whichever is less, on the month following the anniversary date of each succeeding year. For

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justices eligible to retire as of September 30, 2009, or eligible upon passage of this article, and for

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their beneficiaries, the provisions of this subsection (c) shall not apply.

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      (d) This subsection (d) shall be effective for the period July 1, 2012, through June 30,

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2015.

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      (1) Notwithstanding the prior paragraphs of this section, and subject to paragraph (d)(2)

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below, for all present and former justices, active and retired justices, and beneficiaries receiving

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any retirement, disability, or death allowance or benefit of any kind, whether provided for or on

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behalf of justices engaged on or prior to December 31, 1989, as a non-contributory justice or

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engaged after December 31, 1989, as a contributory justice, the annual benefit adjustment

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provided in any calendar year under this section shall be equal to (A) multiplied by (B) where (A)

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is equal to the percentage determined by subtracting five and one-half percent (5.5%) (the

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"subtrahend") from the Five-Year Average Investment Return of the retirement system

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determined as of the last day of the plan year preceding the calendar year in which the adjustment

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is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent

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(0%), and (B) is equal to the lesser of the justice's retirement allowance or the first twenty-five

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thousand dollars ($25,000) of retirement allowance, such twenty-five thousand dollars ($25,000)

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amount to be indexed annually in the same percentage as determined under (d)(1)(A) above. The

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"Five-Year Average Investment Return" shall mean the average of the investment return of the

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most recent five (5) plan years as determined by the retirement board. Subject to paragraph (d)(2)

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below, the benefit adjustment provided by this paragraph shall commence upon the third (3rd)

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anniversary of the date of retirement or the date on which the retiree reaches his or her Social

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Security retirement age, whichever is later. In the event the retirement board adjusts the

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actuarially assumed rate of return for the system, either upward or downward, the subtrahend

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shall be adjusted either upward or downward in the same amount.

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      (2) Except as provided in paragraph (d)(3), the benefit adjustments under this section for

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any plan year shall be suspended in their entirety unless the Funded Ratio of the Employees'

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Retirement System of Rhode Island, the Judicial Retirement Benefits Trust, and the State Police

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Retirement Benefits Trust, calculated by the system's actuary on an aggregate basis, exceeds

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eighty percent (80%) in which event the benefit adjustment will be reinstated for all justices for

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such plan year.

 

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      In determining whether a funding level under this paragraph (d)(2) has been achieved,

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the actuary shall calculate the funding percentage after taking into account the reinstatement of

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any current or future benefit adjustment provided under this section.

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      (3) Notwithstanding paragraph (d)(2), in each fifth plan year commencing after June 30,

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2012, commencing with the plan year ending June 30, 2017, and subsequently at intervals of five

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(5) plan years, a benefit adjustment shall be calculated and made in accordance with paragraph

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(d)(1) above until the Funded Ratio of the Employees' Retirement System of Rhode Island, the

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Judicial Retirement Benefits Trust, and the State Police Retirement Benefits Trust, calculated by

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the system's actuary on an aggregate basis, exceeds eighty percent (80%).

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      (4) Notwithstanding any other provision of this chapter, the provisions of this paragraph

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(d) of § 8-3-15 shall become effective July 1, 2012, and shall apply to any benefit adjustment not

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granted on or prior to June 30, 2012.

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      (e) This subsection (e) shall become effective July 1, 2015.

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      (1) (A) As soon as administratively reasonable following the enactment into law of this

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subsection (e)(1)(A), a one-time benefit adjustment shall be provided to justices and/or

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beneficiaries of justices who retired on or before June 30, 2012, in the amount of two percent

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(2%) of the lesser of either the justice's retirement allowance or the first twenty-five thousand

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dollars ($25,000) of the justice's retirement allowance. This one-time benefit adjustment shall be

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provided without regard to the retiree's age or number of years since retirement.

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      (B) Notwithstanding the prior subsections of this section, for all present and former

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justices, active and retired justices, and beneficiaries receiving any retirement, disability or death

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allowance or benefit of any kind, whether provided for or on behalf of justices engaged on or

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prior to December 31, 1989, as a non-contributory justice or engaged after December 31, 1989, as

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a contributory justice, the annual benefit adjustment provided in any calendar year under this

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section for adjustments on and after January 1, 2016, and subject to subsection (e)(2) below, shall

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be equal to (I) multiplied by (II):

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      (I) Shall equal the sum of fifty percent (50%) of (i) plus fifty percent (50%) of (ii) where:

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      (i) Is equal to the percentage determined by subtracting five and one-half percent (5.5%)

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(the "subtrahend") from the five-year average investment return of the retirement system

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determined as of the last day of the plan year preceding the calendar year in which the adjustment

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is granted, said percentage not to exceed four percent (4%) and not to be less than zero percent

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(0%). The "five-year average investment return" shall mean the average of the investment returns

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of the most recent five (5) plan years as determined by the retirement board. In the event the

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retirement board adjusts the actuarially assumed rate of return for the system, either upward or

 

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downward, the subtrahend shall be adjusted either upward or downward in the same amount.

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      (ii) Is equal to the lesser of three percent (3%) or the percentage increase in the

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Consumer Price Index for all Urban Consumers (CPI-U) as published by the U.S. Department of

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Labor Statistics determined as of September 30 of the prior calendar year. In no event shall the

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sum of (i) plus (ii) exceed three and one-half percent (3.5%) or be less than zero percent (0%).

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      (II) Is equal to the lesser of either the justice's retirement allowance or the first twenty-

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five thousand eight hundred and fifty-five dollars ($25,855) of retirement allowance, such amount

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to be indexed annually in the same percentage as determined under subsection (e)(1)(B)(I) above.

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      The benefit adjustments provided by this subsection (e)(1)(B) shall be provided to all

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retirees entitled to receive a benefit adjustment as of June 30, 2012, under the law then in effect,

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and for all other retirees the benefit adjustments shall commence upon the third anniversary of the

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date of retirement or the date on which the retiree reaches his or her Social Security retirement

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age, whichever is later.

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      (2) Except as provided in subsection (e)(3), the benefit adjustments under subsection

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(e)(1)(B) for any plan year shall be suspended in their entirety unless the funded ratio of the

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employees' retirement system of Rhode Island, the judicial retirement benefits trust, and the state

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police retirement benefits trust, calculated by the system's actuary on an aggregate basis, exceeds

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eighty percent (80%) in which event the benefit adjustment will be reinstated for all justices for

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such plan year.

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      In determining whether a funding level under this subsection (e)(2) has been achieved,

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the actuary shall calculate the funding percentage after taking into account the reinstatement of

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any current or future benefit adjustment provided under this section.

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      (3) Notwithstanding subsection (e)(2), in each fourth plan year commencing after June

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30, 2012, commencing with the plan year ending June 30, 2016, and subsequently at intervals of

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four plan years: (i) A benefit adjustment shall be calculated and made in accordance with

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paragraph (e)(1)(B) above; and (ii) Effective for members and/or beneficiaries of members who

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retired on or before June 30, 2015, the dollar amount in subsection (e)(1)(B)(II) of twenty-five

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thousand eight hundred and fifty-five dollars ($25,855) shall be replaced with thirty-one thousand

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and twenty-six dollars ($31,026) until the funded ratio of the employees' retirement system of

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Rhode Island, the judicial retirement benefits trust, and the state police retirement benefits trust,

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calculated by the system's actuary on an aggregate basis, exceeds eighty percent (80%).

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      (A) Effective for members and or beneficiaries of members who have retired on or

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before July 1, 2015, a one-time stipend of five hundred dollars ($500) shall be payable within

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sixty (60) days following the enactment of the legislation implementing this provision, and a

 

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second one-time stipend of five hundred dollars ($500) in the same month of the following year.

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These stipends shall be payable to all retired members or beneficiaries receiving a benefit as of

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the applicable payment date and shall not be considered cost of living adjustments under the prior

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provisions of this § 8-3-15.

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     SECTION 4. Section 12-10-12 of the General Laws in Chapter 12-10 entitled

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"Preliminary Proceedings in District Court" is hereby amended to read as follows:

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     12-10-12. Filing of complaints. -- a) Subject to any other provisions of law relative to

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the filing of complaints for particular crimes, any judge of the district court or superior court may

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place on file any complaint in a criminal case other than a complaint for the commission of a

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felony or a complaint against a person who has been convicted of a felony or a private complaint.

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The court may in its discretion require, as a condition of the filing, the performance of services

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for the public good or may attach any other conditions to it that the court shall determine;

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provided, in cases where the court ordered restitution totals less than two hundred dollars ($200)

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to an injured party pursuant to this section or § 12-19-34, the court shall require that full

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restitution be made at the time of sentencing if the court determines that the defendant has the

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present ability to make the restitution.

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      (b) Express conditions of any filing in accordance with this section shall be that the

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defendant shall at all times during the one year keep the peace and be of good behavior and shall

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have paid all outstanding court-imposed or court-related fees, fines, costs, assessments, charges,

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and/or any other monetary obligations unless reduced or waived by order of the court. A violation

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of these express conditions, or any other condition set by the court, shall be deemed a violation of

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the filing and the matter that was filed may be resurrected by the court. A determination of

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whether a violation has occurred shall be made by the court in accordance with the procedures

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relating to a violation of probation, §§ 12-19-9 and 12-19-14.

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      (c) In the event the complaint was originally filed under this section subsequent to the

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defendant's plea of guilty or nolo contendere to the charges, the court, if it finds there to have

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been a violation, may sentence the defendant. In the event the court filed the complaint under this

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section while the defendant maintained a plea of not guilty, if the court finds there to have been a

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violation, it may proceed to the further disposition of the complaint according to law. If no action

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is taken on the complaint for a period of one year following the filing, the complaint shall be

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automatically expunged. No criminal record shall result; provided, that in any civil action for a

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tort, a plea of guilty or a finding of guilty should be admissible notwithstanding the fact that the

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complaint has been filed.

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      (d) Notwithstanding the foregoing provisions of this section, in the event a complaint for

 

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a crime involving domestic violence was originally filed under this section subsequent to the

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defendant's plea of guilty or nolo contendere to the charges, the court, if it finds there to have

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been a violation, may sentence the defendant. In the event the court filed the complaint for a

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crime involving domestic violence under this section while the defendant maintained a plea of not

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guilty, if the court finds there to have been a violation, it may proceed to the further disposition of

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the complaint for a crime involving domestic violence according to law. If, for a period of one

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year after the date of filing, the defendant is not charged with a violation pursuant to subsection

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(b) of this section, the filed complaint for the crime involving domestic violence shall be

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automatically quashed and shall not be resurrected. If, for a period of three (3) years after the date

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of filing, the defendant is not charged with a crime involving domestic violence, or if so charged,

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is acquitted or the complaint is dismissed, all records relating to the filed complaint for a crime

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involving domestic violence shall be expunged without the requirement of filing a motion

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pursuant to chapter 1.3 of title 12. No criminal records shall result, unless in any civil action for a

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tort, in which a plea of guilty or a finding of guilty is admissible notwithstanding the fact that the

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complaint has been filed. Provided, however, that in sentencing a defendant for a crime involving

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domestic violence of which the defendant was charged within three (3) years after the filing of a

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prior crime involving domestic violence to which the defendant pleaded guilty or nolo

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contendere, the court may take the plea into consideration.

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      (e) The defendant shall be advised that any and all bail money relating to a case that

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remains on deposit and is not claimed at the time of expungement shall be escheated to the state's

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general treasury in accordance with chapter 12 of title 8.

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     SECTION 5. Section 16-11-4 of the General Laws in Chapter 16-11 entitled

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"Certification of Teachers" is hereby amended to read as follows:

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     16-11-4. Annulment of certificates -- Annulment, renewal, recertification, or repeal

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of certificates. Annulment of certificates -- Annulment, renewal, or recertification of

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certificates. -- (a) The commissioner of elementary and secondary education shall promulgate

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rules and regulations under which a certificate may be annulled for cause. The holder shall be

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entitled to notice and a hearing before the commissioner of elementary and secondary education

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prior to the annulment of the certificate. The holder shall have an opportunity to appeal the

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decision of the commissioner to the council on elementary and secondary education, if desired.

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      (b) In the event the license of any person licensed pursuant to the provisions of this

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chapter is subject to renewal, renewal or recertification, for any reason, including, but not

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limited to, the payment of licensing fees, the department of elementary and secondary education

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shall send notice to such person of the need for such renewal, renewal or recertification, by

 

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electronic mail or e-mail. Said notice shall be issued at least ninety (90) calendar days prior to the

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proposed action. Such notice shall include:

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      (1) The action proposed by the department;

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      (2) The date such action proposed is to be taken; and

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      (3) A statement as to what actions the person needs to perform to retain the license, if

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applicable.

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      (c) The notice required by subsection (b) of this section shall be in addition to, and not in

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place of, any other notice required by law.

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     SECTION 6. Section 16-41-5 of the General Laws in Chapter 16-41 entitled "New

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England Higher Education Compact" is hereby amended to read as follows:

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     16-41-5. Repayment of loans. -- (a) Dental, medical, optometry, osteopathic, and

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veterinary medical students that who attend schools under the Rhode Island health professions

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contract program which are is supported by funds from the state may decrease their indebtedness

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to the state under the following options:

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      (1) Upon completion of his or her dental, medical, optometry, osteopathic, or veterinary

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training, including internship and residency training, a student who establishes residency in the

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state will be relieved of fifteen percent (15%) of that indebtedness per year for each year that the

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student is employed by the state in a full-time capacity for a maximum cancellation of seventy-

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five percent (75%) for five (5) years of employment.

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      (2) Any graduate who establishes residency in the state will be relieved of ten percent

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(10%) of that indebtedness per year for each year that he or she practices dentistry, medicine,

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optometry, osteopathy, or veterinary medicine in the state in a full-time capacity for a maximum

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cancellation of fifty percent (50%) for five (5) years of practice.

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      (b) In no event shall any student's cancellation of indebtedness under subsection (a)

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exceed seventy-five percent (75%).

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      (c) In no event shall any student be entitled to a refund of any sums paid on his or her

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indebtedness by virtue of the provisions of this section.

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      (d) The office of the postsecondary commissioner shall promulgate rules and regulations

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that are necessary and proper to promote the full implementation of this section.

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     SECTION 7. Sections 17-25-10 and 17-25-11 of the General Laws in Chapter 17-25

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entitled "Rhode Island Campaign Contributions and Expenditures Reporting" are hereby amended

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to read as follows:

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     17-25-10. Lawful methods of contributing to support of candidates -- Reporting --

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Disposition of anonymous contributions. [Effective January 1, 2016.] -- (a) No contribution

 

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shall be made or received, and no expenditures shall be directly made or incurred, to support or

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defeat a candidate except through:

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      (1) The candidate or duly appointed campaign treasurer or deputy campaign treasurer of

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the candidate;

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      (2) The duly appointed campaign treasurer or deputy campaign treasurer of a political

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party committee;

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      (3) The duly appointed campaign treasurer or deputy campaign treasurer of a political

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action committee.

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      (b) It shall be lawful for any person, not otherwise prohibited by law and not acting in

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concert with any other person or group, to expend personally from that person's own funds a sum

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that is not to be repaid to him or her for any purpose not prohibited by law to support or defeat a

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candidate; provided, that any person making the expenditure shall be required to report all of his

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or her expenditures and expenses, if the total of the money so expended exceeds one hundred

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dollars ($100) within a calendar year, to the board of elections within seven (7) days of making

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the expenditure and to the campaign treasurer of the candidate or political party committee on

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whose behalf the expenditure or contribution was made, or to his or her deputy, within seven (7)

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days of making the expenditure, expenditure. who The treasurer or his or her deputy shall

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cause the expenditures and expenses to be included in his or her reports to the board of elections.

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Whether a person is "acting in concert with any other person or group" for the purposes of this

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subsection shall be determined by application of the standards set forth in § 17-25-23.

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      (c) Any anonymous contribution received by a candidate, campaign treasurer, or deputy

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campaign treasurer shall not be used or expended, but shall be returned to the donor, if the donor's

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identity can be ascertained; if not, the contribution shall escheat to the state.

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     17-25-11. Dates for filing of reports by treasurers of candidates or of committees.

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[Effective January 1, 2016.] -- (a) During the period between the appointment of the campaign

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treasurer for state and municipal committees and political action committees, or in the case of an

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individual the date on which the individual becomes a "declared or undeclared candidate" as

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defined in § 17-25-3(2), except when the ninety-day (90) reporting period ends less than forty

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(40) days prior to an election in which case the ninety-day (90) report shall be included as part of

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the report required to be filed on the twenty-eighth (28th) day next preceding the day of the

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primary, general, or special election pursuant to subdivision (2) of this subsection, and the

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election, with respect to which contributions are received or expenditures made by him or her in

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behalf of, or in opposition to, a candidate, the campaign treasurer of a candidate, a political party

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committee, or a political action committee shall file a report containing an account of

 

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contributions received, and expenditures made, on behalf of, or in opposition to, a candidate:

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      (1) At ninety-day (90) intervals commencing on the date on which the individual first

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becomes a candidate, as defined in § 17-25-3(2);

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      (2) In a contested election, on the twenty-eighth (28th) and seventh (7th) days next

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preceding the day of the primary, general, or special election; provided, that in the case of a

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primary election for a special election where the twenty-eighth (28th) day next preceding the day

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of the primary election occurs prior to the first day for filing declarations of candidacy pursuant to

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§ 17-14-1, the reports shall be due on the fourteenth (14th) and seventh (7th) days next preceding

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the day of the primary election for the special election; and

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      (3) A final report on the twenty-eighth (28th) day following the election. The report shall

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contain:

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      (i) The name and address and place of employment of each person from whom

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contributions in excess of a total of one hundred dollars ($100) within a calendar year were

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received;

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      (ii) The amount contributed by each person;

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      (iii) The name and address of each person to whom expenditures in excess of one

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hundred dollars ($100) were made; and

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      (iv) The amount and purpose of each expenditure.

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      (b) Concurrent with the report filed on the twenty-eighth (28th) day following an

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election, or at any time thereafter, the campaign treasurer of a candidate, or political party

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committee, or political action committee, may certify to the board of elections that the campaign

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fund of the candidate, political party committee, or political action committee having been

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instituted for the purposes of the past election, has completed its business and been dissolved or,

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in the event that the committee will continue its activities beyond the election, that its business

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regarding the past election has been completed; and the completed. The certification shall be

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accompanied by a final accounting of the campaign fund, or of the transactions relating to the

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election, including the final disposition of any balance remaining in the fund at the time of

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dissolution or the arrangements that have been made for the discharge of any obligations

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remaining unpaid at the time of dissolution.

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      (c) (1) Once the campaign treasurer certifies that the campaign fund has completed its

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business and been dissolved, no contribution that is intended to defray expenditures incurred on

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behalf of, or in opposition to, a candidate during the campaign can be accepted. Until the time

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that the campaign treasurer certifies that the campaign fund has completed its business and been

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dissolved, the treasurer shall file reports containing an account of contributions received and

 

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expenditures made at ninety-day (90) intervals commencing with the next quarterly report

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following the election; however, the time to file under this subsection shall be no later than the

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last day of the month following the ninety-day (90) period, except when the last day of the month

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filing deadline following the ninety-day (90) reporting period occurs less than twenty-eight (28)

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days before an election, in which case the report shall be filed pursuant to the provisions of

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subdivisions (a)(1) and (2) of this section. Provided, however, if the last day of the month falls on

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a weekend or a holiday, the report shall be due on the following business day.

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      (2) In addition to the reports required pursuant to this section, a candidate or office

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holder shall also file with the board of elections a paper copy of the account statement from the

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office holder's campaign account, which account statement shall be the next account statement

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issued by their financial institution after the filing of the fourth quarterly campaign expense

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report. The account statement shall be submitted to the board within thirty (30) days of its receipt

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by the candidate, officeholder, treasurer, or deputy treasurer. The account statement shall not be

14

deemed a public record pursuant to the provisions of chapter 2 of title 38. The board of elections,

15

its agents, and employees shall not publish, deliver, copy, or disclose, to any person or entity any

16

account statement or information contained therein for any candidate, former candidate,

17

officeholder, party, or political action committee. Provided, as to state and municipal political

18

parties, the requirements of this subsection (c)(2) shall apply to the annual report required

19

pursuant to § 17-25-7.

20

      (d) (1) There shall be no obligation to file the reports of expenditures required by this

21

section on behalf of, or in opposition to, a candidate if the total amount to be expended in behalf

22

of the candidacy by the candidate, by any political party committee, by any political action

23

committee, or by any person shall not in the aggregate exceed one thousand dollars ($1,000).

24

      (2) However, even though the aggregate amount expended on behalf of the candidacy

25

does not exceed one thousand dollars ($1,000), reports must be made listing the source and

26

amounts of all contributions in excess of a total of one hundred dollars ($100) from any one

27

source within a calendar year. Even though the aggregate amount expended on behalf of the

28

candidacy does not exceed one thousand dollars ($1,000) and no contribution from any one

29

source within a calendar year exceeds one hundred dollars ($100), the report shall state the

30

aggregate amount of all contributions received. In addition, the report shall state the amount of

31

aggregate contributions that were from individuals, the amount from political action committees,

32

and the amount from political party committees.

33

      (e) On or before the first date for filing contribution and expenditure reports, the

34

campaign treasurer may file a sworn statement that the treasurer will accept no contributions nor

 

LC003665 - Page 11 of 74

1

make aggregate expenditures in excess of the minimum amounts for which a report is required by

2

this chapter. Thereafter, the campaign treasurer shall be excused from filing all the reports for that

3

campaign, other than the final report due on the twenty-eighth (28th) day following the election.

4

      (f) A campaign treasurer must file a report containing an account of contributions

5

received and expenditures made at the ninety-day (90) intervals provided for in subsection (c) of

6

this section for any ninety-day (90) period in which the campaign received contributions in excess

7

of a total of one hundred dollars ($100) within a calendar year from any one source and/or made

8

expenditures in excess of one thousand dollars ($1,000) within a calendar year; however, the time

9

to file under this subsection shall be no later than the last day of the month following the ninety-

10

day (90) period, except when the last day of the month filing deadline following the ninety-day

11

(90) reporting period occurs less than twenty-eight (28) days before an election, in which case the

12

report shall be filed pursuant to the provisions of subdivisions (a)(1) and (2) of this section.

13

Provided, however, if the last day of the month falls on a weekend or a holiday, the report shall be

14

due on the following business day.

15

      (g) (1) The board of elections may, for good cause shown and upon the receipt of a

16

written or electronic request, grant a seven-day (7) extension for filing a report; provided, that the

17

request must be received no later than the date upon which the report is due to be filed.

18

      (2) Any person or entity required to file reports with the board of elections pursuant to

19

this section and who or that has not filed the report by the required date, unless granted an

20

extension pursuant to subdivision (1) of this subsection, shall be fined twenty-five dollars

21

($25.00). Notwithstanding any of the provisions of this section, the board of elections shall have

22

the authority to waive late filing fees for good cause shown.

23

      (3) The board of elections shall send a notice of non-compliance, by certified mail, to

24

any person or entity who or that fails to file the reports required by this section. A person or entity

25

who or that is sent a notice of non-compliance and fails to file the required report within seven (7)

26

days of the receipt of the notice, shall be fined two dollars ($2.00) per day from the day of receipt

27

of the notice of non-compliance until the day the report has been received by the state board.

28

Notwithstanding any of the provisions of this section, the board of elections shall have the

29

authority to waive late filing fees for good cause shown.

30

     SECTION 8. Sections 27-29-4.4 of the General Laws in Chapter 27-29 entitled "Unfair

31

Competition and Practices" is hereby amended to read as follows:

32

     27-29-4.4. Auto body repair labor rate surveys. [Effective January 1, 2016.] -- (a)

33

Every insurance carrier authorized to sell motor vehicle liability insurance in the state shall

34

conduct an auto body repair labor rate survey, subject to, and in accordance with, the following

 

LC003665 - Page 12 of 74

1

provisions:

2

      (1) When used in this section the following definitions shall apply:

3

      (i) "Auto body labor rate survey" is an analysis of information gathered from auto body

4

repair shops regarding the rates of labor that repair shops charge in a certain geographic area.

5

      (ii) "Prevailing auto body labor rate" means the rate determined and set by an insurer as a

6

result of conducting an auto body labor rate survey in a particular geographic area and used by

7

insurers as a basis for determining the cost to settle automobile property damage claims.

8

      (iii) "Independent auto body repair facility" means any auto body repair facility that does

9

not have a formal agreement and/or written contract with an insurer to provide auto body repair

10

services to insureds and/or claimants.

11

      (iv) "Direct repair program" means any methods through which an insurer refers,

12

suggests, or recommends a specific auto body repair facility, with whom the insurer has a formal

13

agreement and/or contract to provide auto body repair services, to insureds and/or claimants.

14

      (v) "Contract rate" means any labor rate to which an auto body repair facility and an

15

insurer have agreed in a formal agreement and/or written contract.

16

      (2) Each insurer must annually conduct a separate and distinct written auto body labor

17

rate survey for each classification of auto body shops as established by the department of business

18

regulation pursuant to § 5-38-5, in writing, annually to determine a separate and distinct

19

prevailing auto body labor rate for each classification of fully licensed auto body repair facilities.

20

      (3) Insurers may not use an auto body labor rate survey; contract rates from auto body

21

repair facilities with which it has a formal agreement or contract to provide auto body repair

22

services to insureds and/or claimants; rates paid as a result of subrogation, rates obtained from

23

auto body repair facilities in a different classification than that being surveyed, or rates from a

24

repair shop facility holding a limited or special use license.

25

      (4) Each auto body labor rate survey shall include the following:

26

      (i) The name and address of each shop surveyed in the labor survey;

27

      (ii) The total number of shops surveyed;

28

      (iii) The prevailing rate established by the insurer for each classification of full collision

29

licensed auto body repair facilities; and

30

      (iv) A description of the formula or method used to calculate or determine the specific

31

prevailing rate reported.

32

      (5) Each insurer must report the results of their auto body labor rate survey to the

33

department of business regulation insurance division.

34

      (6) The department of business regulation must promulgate regulations related to auto

 

LC003665 - Page 13 of 74

1

body labor rate surveys by October 1, 2006, establishing the following:

2

      (i) A questionnaire that must be used by all insurers in their labor rate survey;

3

      (ii) Date of reporting; and

4

      (iii) Number or percentage of shops to be surveyed.

5

      (7) The department of business regulation shall review all surveys submitted for

6

compliance with this section and any rules and regulations promulgated by the department.

7

      (b) Nothing contained in § 27-29-4.4 shall require an insurer to establish the prevailing

8

rate for each classification of full collision licensed auto body repair facilities based solely on the

9

survey results.

10

     SECTION 9. Section 34-25.1-9 of the General Laws in Chapter 34-25.1 entitled "Reverse

11

Mortgages" is hereby amended to read as follows:

12

     34-25.1-9. Required counseling. -- (a) All lenders shall deliver to all reverse mortgage

13

loan applicants a statement, if available, prepared by the department of elderly affairs on the

14

advisability and availability of independent counseling and information services. With respect to

15

every reverse mortgage loan, the prospective mortgagor(s) shall complete a reverse mortgage

16

counseling program. An original certificate, dated and signed by both the counselor and the

17

mortgagor(s), certifying that the counseling required by this section has taken place, shall be

18

delivered to the mortgagee at least three (3) business days prior to the closing of the loan. The

19

lender shall not process a reverse mortgage loan application, other than ordering an automated

20

valuation model, ordering a credit report, obtaining information required for inclusion in a loan

21

application, including documenting and verifying credit, income, assets and property charges,

22

evaluating extenuating circumstances and compensating factors, evaluating the results of the

23

financial assessment in determining eligibility for a home equity conversion mortgage,

24

determining whether a life expectancy set-aside will be required and whether the set-aside must

25

be fully or partially funded, and completing a home equity conversion mortgage financial

26

assessment worksheet; and ordering a preliminary title search, until the counseling required by

27

this section has been completed and the certificate of counseling is delivered to the mortgagee.

28

      (b) The reverse mortgage counseling program shall include, but is not limited to, all

29

matters enumerated in subsections (e)(1) through (e)(6) of this section. The department of elderly

30

affairs shall maintain a list of counseling programs and agencies approved by the United States

31

Department of Housing and Urban Development and the Federal Housing Administration to

32

satisfy the requirements of this section and shall make such list available to all lenders and to the

33

public, provided that: (1) the counseling agency is not affiliated with the reverse mortgage lender;

34

and (2) the counseling agency complies with the counseling requirements of this section. The

 

LC003665 - Page 14 of 74

1

director of the department of elderly affairs shall have the right to prescribe the form of

2

counseling certificate that will meet the requirements of subsection (a) of this section.

3

      (c) Counseling shall comply with the following requirements: (1) It shall be conducted in

4

person; however, if the prospective mortgagor(s) cannot or choose(s) not to travel to a housing

5

counseling agency and cannot be visited by a counselor in their home, telephone counseling shall

6

be permitted by counseling agencies that are authorized by the United States Department of

7

Housing and Urban Development or the Federal Housing Administration to conduct telephone

8

counseling. (2) The reverse mortgage loan shall close within one hundred eighty (180) days after

9

the prospective mortgagor(s) sign(s) the counseling certificate. If the reverse mortgage loan does

10

not close within such one hundred eighty (180) day period, the parties shall be required to again

11

comply with the counseling requirements of this section. (3) Mortgagees shall provide

12

prospective mortgagors with the name of at least three (3) independent, authorized counseling

13

agencies approved by the United States Department of Housing and Urban Development or the

14

Federal Housing Administration. The mortgagee shall not recommend a counseling agency that is

15

an affiliate of the mortgagee.

16

      (d) In the event that counseling shall not be available free of charge, the mortgagee shall

17

be responsible for the cost of the counseling to the extent that all other legitimate sources or of

18

funding the counseling including, without limitation, non-profit organizations and grants have not

19

been obtained. In the event that 12 U.S.C. § 1715z-20 or the federal regulations promulgated with

20

respect thereto shall, at the time such counseling fee is due and payable by the mortgagee,

21

expressly prohibit a mortgagee from being responsible for the cost of counseling, then subsection

22

(d) of this section shall not apply to a reverse mortgage loan that is subject to 12 U.S.C. § 1715z-

23

20 and the federal regulations promulgated with respect thereto.

24

      (e) Counseling shall include, without limitation, discussion of the following with the

25

prospective mortgagor(s):

26

      (1) Options other than a reverse mortgage that are available to the mortgagor(s),

27

including other housing, social service, health, and financial options;

28

      (2) Other home equity conversion options that are or may become available to the

29

mortgagor(s), such as other reverse mortgages, sale-leaseback financing, deferred payment loan,

30

and property tax deferral;

31

      (3) The financial implications of entering into a reverse mortgage;

32

      (4) A disclosure that a reverse mortgage may have tax consequences, affect eligibility for

33

assistance under federal and state programs, and have an impact on the estate and heirs of the

34

homeowner(s), as well as an explanation of how the reverse mortgage may affect the estate and

 

LC003665 - Page 15 of 74

1

public benefits of the mortgagor(s);

2

      (5) Such other topics as shall be required to be addressed during counseling with respect

3

to a reverse mortgage pursuant to 12 U.S.C. § 1715z-20, and/or any regulations promulgated

4

pursuant thereto; and

5

      (6) Such other topics as shall be required to be addressed by the director of the

6

department of elderly affairs.

7

      (f) Subsections (b), (c), (e) of this section shall not apply to any reverse mortgage loan

8

that is subject to 12 U.S.C. § 1715z-20 and the federal regulations promulgated with respect

9

thereto; provided that such loan complies with the counseling requirements set forth in 12 U.S.C.

10

§ 1715z-20 and the federal regulations promulgated with respect thereto (including without

11

limitation 24 CFR Part 206).

12

     SECTION 10. Section 34-44-2 of the General Laws in Chapter 34-44 entitled

13

"Abandoned Property" is hereby amended to read as follows:

14

     34-44-2. Definitions. -- As used in this chapter:

15

      (1) "Abandon" or "abandonment" means a situation where the owner of a building has

16

intended to abandon the building and has manifested the intent with some act or failure to act. In

17

determining whether an owner has abandoned his or her building, a court shall infer the intent of

18

the owner from the existence of serious code violations that pose a health and/or safety hazard to

19

the community and that have gone unrepaired for an unreasonable amount of time and from any

20

of the surrounding facts and circumstances including, but not limited to the following:

21

      (i) Whether or not the building is vacant;

22

      (ii) Whether or not the grounds are maintained;

23

      (iii) Whether or not the building's interior is sound;

24

      (iv) Whether or not any vandalism on the building has gone unrepaired;

25

      (v) Whether or not rents have been collected from the building's tenants by the owner;

26

      (vi) The length of time any of the above conditions have existed.

27

      (2) "Abate" or "abatement" in connection with any property means the removal or

28

correction of any hazardous conditions deemed to constitute a public nuisance and the making of

29

such other improvements as are needed to affect a rehabilitation of the property that is consistent

30

with maintaining safe and habitable conditions over the remaining useful life of the property.

31

However, the closing or boarding up of any building that is found to be a public nuisance is not

32

an abatement of the nuisance.

33

      (3) "Building" means any building or structure used for residential purposes or used for

34

retail stores, shops, salesrooms, markets, or similar commercial uses, or for offices, banks, civic

 

LC003665 - Page 16 of 74

1

administration activities, professional services, or similar business or civic uses.

2

      (4) "Interested party" means any owner, mortgagee, lienholder, or other entity or person

3

who or that possesses an interest of record in any property that becomes subject to the

4

jurisdiction of the court pursuant to this chapter and any applicant for the appointment of a

5

receiver pursuant to this chapter.

6

      (5) "Neighboring landowner" means any owner of property, including any entity or

7

person who or that is purchasing property by land installment contract or under a duly executed

8

purchase contract, that is located within two hundred feet of any property that becomes subject to

9

the jurisdiction of the court pursuant to this chapter.

10

      (6) "Public nuisance" means a building that is a menace to the public health, welfare, or

11

safety; or that is structurally unsafe, unsanitary; or not provided with adequate safe egress; or that

12

constitutes a fire hazard; or is otherwise dangerous to human life; or is otherwise no longer fit and

13

habitable; or that, in relation to existing use, constitutes a hazard to the public health, welfare, or

14

safety by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.

15

     SECTION 11. Section 39-3-40 of the General Laws in Chapter 39-3 entitled "Regulatory

16

Powers of Administration" is hereby amended to read as follows:

17

     39-3-40. Storage, transportation and distribution of gas -- Regulation -- Penalties. --

18

(a) In regulating the storage, transportation, and distribution of gas, and the pressure under which

19

these operations may respectively be carried on, the division of public utilities and carriers may

20

ascertain, determine, and fix adequate and serviceable standards for the measurement of quality,

21

pressure, or other condition pertaining to the performing of its service, or to the furnishing of its

22

product or commodity, by any gas storage, transportation, and distribution facility, and prescribe

23

reasonable regulations for examination and testing of such service, product, or commodity.

24

      (b) (1) Any person, firm or corporation who or that violates any provision of any code

25

adopted by the division pertaining to the safety of pipeline facilities and the transportation of gas,

26

or of any regulation or rule thereunder, at a time when the division has submitted to and has in

27

effect the annual certification to from the United States Secretary of Transportation provided for

28

in § 5(a) of the Natural Gas Pipeline Safety Act of 1968, as amended, (see § 60101 et seq. of Title

29

49 of the United States Code), shall be subject to civil penalties as specified in 49 U.S.C. §

30

60122(a), as amended. To provide adequate protection against risks to life and property posed by

31

pipeline transportation and pipeline facilities, the division shall possess the authority to adopt any

32

of the safety standards for pipeline transportation and for pipeline facilities that are contained in

33

49 U.S.C. § 60101 et seq.

34

      (2) Any such penalty shall be determined by the division. In determining the amount of

 

LC003665 - Page 17 of 74

1

the penalty, the appropriateness of the penalty to the size of the business of the person, firm, or

2

corporation charged; the gravity of the violation; and the good faith of the person, firm, or

3

corporation charged in attempting to achieve compliance after notification of a violation; shall be

4

considered. The amount of the penalty, where finally determined, may be deducted from any

5

sums that the state may owe to the person, firm, or corporation charged or may be recovered in a

6

civil action commenced in the state courts.

7

     SECTION 12. Section 40-6-27 and 40-6-27.2 of the General Laws in Chapter 40-6

8

entitled "Public Assistance Act" is hereby amended to read as follows:

9

     40-6-27. Supplemental security income. -- (a) (1) The director of the department is

10

hereby authorized to enter into agreements on behalf of the state with the secretary of the

11

Department of Health and Human Services or other appropriate federal officials, under the

12

supplementary and security income (SSI) program established by title XVI of the Social Security

13

Act, 42 U.S.C. section 1381 et seq., concerning the administration and determination of eligibility

14

for SSI benefits for residents of this state, except as otherwise provided in this section. The state's

15

monthly share of supplementary assistance to the supplementary security income program shall

16

be as follows:

17

     (i) Individual living alone: $39.92 (ii) Individual living with others: $51.92 (iii) Couple

18

living alone: $79.38 (iv) Couple living with others: $97.30 (v) Individual living in state licensed

19

assisted living residence: $332.00 (vi) Individual eligible to receive Medicaid-funded long-term

20

services and supports and living in a Medicaid certified state licensed assisted living residence or

21

adult supportive care residence, as defined in § 23-17.24-1, participating in the program

22

authorized under §40-8.13-2.1 § 40-8.13-12: (a) with countable income above one hundred and

23

twenty (120) percent of poverty: up to $465.00; (b) with countable income at or below one

24

hundred and twenty (120) percent of poverty: up to the total amount established in (v) and $465:

25

$797 (vii) Individual living in state licensed supportive residential care settings that, depending

26

on the population served, meet the standards set by the department of human services in

27

conjunction with the department(s) of children, youth and families, elderly affairs and/or

28

behavioral healthcare, developmental disabilities and hospitals: $300.00.

29

     Provided, however, that the department of human services shall by regulation reduce,

30

effective January 1, 2009, the state's monthly share of supplementary assistance to the

31

supplementary security income program for each of the above listed payment levels, by the same

32

value as the annual federal cost of living adjustment to be published by the federal social security

33

administration in October 2008 and becoming effective on January 1, 2009, as determined under

34

the provisions of title XVI of the federal social security act [42 U.S.C. § 1381 et seq.] and

 

LC003665 - Page 18 of 74

1

provided further, that it is the intent of the general assembly that the January 1, 2009 reduction in

2

the state's monthly share shall not cause a reduction in the combined federal and state payment

3

level for each category of recipients in effect in the month of December 2008; provided further,

4

that the department of human services is authorized and directed to provide for payments to

5

recipients in accordance with the above directives. (2) As of July 1, 2010, state supplement

6

payments shall not be federally administered and shall be paid directly by the department of

7

human services to the recipient. (3) Individuals living in institutions shall receive a twenty dollar

8

($20.00) per month personal needs allowance from the state which shall be in addition to the

9

personal needs allowance allowed by the Social Security Act, 42 U.S.C. § 301 et seq. (4)

10

Individuals living in state licensed supportive residential care settings and assisted living

11

residences who are receiving SSI supplemental payments under this section who are participating

12

in the program under §40-8.13-2.1 § 40-8.13-12 or otherwise shall be allowed to retain a

13

minimum personal needs allowance of fifty-five dollars ($55.00) per month from their SSI

14

monthly benefit prior to payment of any monthly fees in addition to any amounts established in

15

an administrative rule promulgated by the secretary of the executive office of health and human

16

services for persons eligible to receive Medicaid-funded long-term services and supports in the

17

settings identified in subsection (a)(1)(v) and (a)(1)(vi). (5) Except as authorized for the program

18

authorized under §40-8.13-2.1 § 40-8.13-12 to ensure that supportive residential care or an

19

assisted living residence is a safe and appropriate service setting, the department is authorized and

20

directed to make a determination of the medical need and whether a setting provides the

21

appropriate services for those persons who: (i) Have applied for or are receiving SSI, and who

22

apply for admission to supportive residential care setting and assisted living residences on or after

23

October 1, 1998; or (ii) Who are residing in supportive residential care settings and assisted living

24

residences, and who apply for or begin to receive SSI on or after October 1, 1998. (6) The process

25

for determining medical need required by subsection (5) of this section shall be developed by the

26

office of health and human services in collaboration with the departments of that office and shall

27

be implemented in a manner that furthers the goals of establishing a statewide coordinated long-

28

term care entry system as required pursuant to the Medicaid section 1115 waiver demonstration.

29

(7) To assure access to high quality coordinated services, the executive office of health and

30

human services is further authorized and directed to establish certification or contract standards

31

that must be met by those state licensed supportive residential care settings, including adult

32

supportive care homes and assisted living residences admitting or serving any persons eligible for

33

state-funded supplementary assistance under this section or the program established under §40-

34

8.13-2.1 § 40-8.13-12. Such certification or contract standards shall define: (i) The scope and

 

LC003665 - Page 19 of 74

1

frequency of resident assessments, the development and implementation of individualized service

2

plans, staffing levels and qualifications, resident monitoring, service coordination, safety risk

3

management and disclosure, and any other related areas; (ii) The procedures for determining

4

whether the certifications or contract standards have been met; and (iii) The criteria and process

5

for granting a one time, short-term good cause exemption from the certification or contract

6

standards to a licensed supportive residential care setting or assisted living residence that provides

7

documented evidence indicating that meeting or failing to meet said standards poses an undue

8

hardship on any person eligible under this section who is a prospective or current resident. (8)

9

The certification or contract standards required by this section or §40-8.13-2.1 § 40-8.13-12 shall

10

be developed in collaboration by the departments, under the direction of the executive office of

11

health and human services, so as to ensure that they comply with applicable licensure regulations

12

either in effect or in development. (b) The department is authorized and directed to provide

13

additional assistance to individuals eligible for SSI benefits for: (1) Moving costs or other

14

expenses as a result of an emergency of a catastrophic nature which is defined as a fire or natural

15

disaster; and (2) Lost or stolen SSI benefit checks or proceeds of them; and (3) Assistance

16

payments to SSI eligible individuals in need because of the application of federal SSI regulations

17

regarding estranged spouses; and the department shall provide such assistance in a form and

18

amount, which the department shall by regulation determine.

19

     40-6-27.2. Supplementary cash assistance payment for certain supplemental security

20

income recipients. -- There is hereby established a $206 monthly payment for disabled and

21

elderly individuals who, on or after July 1, 2012, receive the state supplementary assistance

22

payment for an individual in state licensed assisted living residence under § 40-6-27 and further

23

reside in an assisted living facility that is not eligible to receive funding under Title XIX of the

24

Social Security Act, 42 U.S.C. § 1381 et seq. or reside in any assisted living facility financed by

25

the Rhode Island housing and mortgage finance corporation prior to January 1, 2006, and receive

26

a payment under § 40-6-27. Such a monthly payment shall not be made on behalf of persons

27

participating in the program authorized under §40-8.13-2.1 § 40-8.13-12.

28

     SECTION 13. Section 40-8.9-9 of the General Laws in Chapter 40-8.9 entitled "Medical

29

Assistance - Long-Term Care Service and Finance Reform" is hereby amended to read as

30

follows:

31

     40-8.9-9. Long-term care re-balancing system reform goal. -- (a) Notwithstanding any

32

other provision of state law, the executive office of health and human services is authorized and

33

directed to apply for and obtain any necessary waiver(s), waiver amendment(s) and/or state plan

34

amendments from the secretary of the United States department of health and human services,

 

LC003665 - Page 20 of 74

1

and to promulgate rules necessary to adopt an affirmative plan of program design and

2

implementation that addresses the goal of allocating a minimum of fifty percent (50%) of

3

Medicaid long-term care funding for persons aged sixty-five (65) and over and adults with

4

disabilities, in addition to services for persons with developmental disabilities, to home and

5

community-based care; provided, further, the executive office shall report annually as part of its

6

budget submission, the percentage distribution between institutional care and home and

7

community-based care by population and shall report current and projected waiting lists for long-

8

term care and home and community-based care services. The executive office is further

9

authorized and directed to prioritize investments in home and community-based care and to

10

maintain the integrity and financial viability of all current long-term care services while pursuing

11

this goal.

12

      (b) The reformed long-term care system re-balancing goal is person-centered and

13

encourages individual self-determination, family involvement, interagency collaboration, and

14

individual choice through the provision of highly specialized and individually tailored home-

15

based services. Additionally, individuals with severe behavioral, physical, or developmental

16

disabilities must have the opportunity to live safe and healthful lives through access to a wide

17

range of supportive services in an array of community-based settings, regardless of the

18

complexity of their medical condition, the severity of their disability, or the challenges of their

19

behavior. Delivery of services and supports in less costly and less restrictive community settings,

20

will enable children, adolescents and adults to be able to curtail, delay or avoid lengthy stays in

21

long-term care institutions, such as behavioral health residential treatment facilities, long-term

22

care hospitals, intermediate care facilities and/or skilled nursing facilities.

23

      (c) Pursuant to federal authority procured under § 42-7.2-16 of the general laws, the

24

executive office of health and human services is directed and authorized to adopt a tiered set of

25

criteria to be used to determine eligibility for services. Such criteria shall be developed in

26

collaboration with the state's health and human services departments and, to the extent feasible,

27

any consumer group, advisory board, or other entity designated for such purposes, and shall

28

encompass eligibility determinations for long-term care services in nursing facilities, hospitals,

29

and intermediate care facilities for persons with intellectual disabilities as well as home and

30

community-based alternatives, and shall provide a common standard of income eligibility for

31

both institutional and home and community-based care. The executive office is authorized to

32

adopt clinical and/or functional criteria for admission to a nursing facility, hospital, or

33

intermediate care facility for persons with intellectual disabilities that are more stringent than

34

those employed for access to home and community-based services. The executive office is also

 

LC003665 - Page 21 of 74

1

authorized to promulgate rules that define the frequency of re-assessments for services provided

2

for under this section. Levels of care may be applied in accordance with the following:

3

      (1) The executive office shall continue to apply the level of care criteria in effect on June

4

30, 2015 for any recipient determined eligible for and receiving Medicaid-funded long-term

5

services in supports in a nursing facility, hospital, or intermediate care facility for persons with

6

intellectual disabilities on or before that date, unless (a) the recipient transitions to home and

7

community based services because he or she would no longer meet the level of care criteria in

8

effect on June 30, 2015; or (b) the recipient chooses home and community based services over the

9

nursing facility, hospital, or intermediate care facility for persons with intellectual disabilities. For

10

the purposes of this section, a failed community placement, as defined in regulations promulgated

11

by the executive office, shall be considered a condition of clinical eligibility for the highest level

12

of care. The executive office shall confer with the long-term care ombudsperson with respect to

13

the determination of a failed placement under the ombudsperson's jurisdiction. Should any

14

Medicaid recipient eligible for a nursing facility, hospital, or intermediate care facility for persons

15

with intellectual disabilities as of June 30, 2015 receive a determination of a failed community

16

placement, the recipient shall have access to the highest level of care; furthermore, a recipient

17

who has experienced a failed community placement shall be transitioned back into his or her

18

former nursing home, hospital, or intermediate care facility for persons with intellectual

19

disabilities whenever possible. Additionally, residents shall only be moved from a nursing home,

20

hospital, or intermediate care facility for persons with intellectual disabilities in a manner

21

consistent with applicable state and federal laws.

22

      (2) Any Medicaid recipient eligible for the highest level of care who voluntarily leaves a

23

nursing home, hospital, or intermediate care facility for persons with intellectual disabilities shall

24

not be subject to any wait list for home and community based services.

25

      (3) No nursing home, hospital, or intermediate care facility for persons with intellectual

26

disabilities shall be denied payment for services rendered to a Medicaid recipient on the grounds

27

that the recipient does not meet level of care criteria unless and until the executive office has: (i)

28

performed an individual assessment of the recipient at issue and provided written notice to the

29

nursing home, hospital, or intermediate care facility for persons with intellectual disabilities that

30

the recipient does not meet level of care criteria; and (ii) the recipient has either appealed that

31

level of care determination and been unsuccessful, or any appeal period available to the recipient

32

regarding that level of care determination has expired.

33

      (d) The executive office is further authorized to consolidate all home and community-

34

based services currently provided pursuant to § 1915(c) of title XIX of the United States Code

 

LC003665 - Page 22 of 74

1

into a single system of home and community-based services that include options for consumer

2

direction and shared living. The resulting single home and community-based services system

3

shall replace and supersede all § 1915(c) programs when fully implemented. Notwithstanding the

4

foregoing, the resulting single program home and community-based services system shall include

5

the continued funding of assisted living services at any assisted living facility financed by the

6

Rhode Island housing and mortgage finance corporation prior to January 1, 2006, and shall be in

7

accordance with chapter 66.8 of title 42 of the general laws as long as assisted living services are

8

a covered Medicaid benefit.

9

      (e) The executive office is authorized to promulgate rules that permit certain optional

10

services including, but not limited to, homemaker services, home modifications, respite, and

11

physical therapy evaluations to be offered to persons at risk for Medicaid-funded long-term care

12

subject to availability of state-appropriated funding for these purposes.

13

      (f) To promote the expansion of home and community-based service capacity, the

14

executive office is authorized to pursue payment methodology reforms that increase access to

15

homemaker, personal care (home health aide), assisted living, adult supportive care homes, and

16

adult day services, as follows:

17

      (1) Development, of revised or new Medicaid certification standards that increase access

18

to service specialization and scheduling accommodations by using payment strategies designed to

19

achieve specific quality and health outcomes.

20

      (2) Development of Medicaid certification standards for state authorized providers of

21

adult day services, excluding such providers of services authorized under § 40.1-24-1(3), assisted

22

living, and adult supportive care (as defined under § 23-17.24) that establish for each, an acuity-

23

based, tiered service and payment methodology tied to: licensure authority, level of beneficiary

24

needs; the scope of services and supports provided; and specific quality and outcome measures.

25

The standards for adult day services for persons eligible for Medicaid-funded long-term services

26

may differ from those who do not meet the clinical/functional criteria set forth in § 40-8.10-3.

27

      (g) The executive office shall implement a long-term care options counseling program to

28

provide individuals or their representatives, or both, with long-term care consultations that shall

29

include, at a minimum, information about: long-term care options, sources and methods of both

30

public and private payment for long-term care services and an assessment of an individual's

31

functional capabilities and opportunities for maximizing independence. Each individual admitted

32

to or seeking admission to a long-term care facility regardless of the payment source shall be

33

informed by the facility of the availability of the long-term care options counseling program and

34

shall be provided with long-term care options consultation if they so request. Each individual who

 

LC003665 - Page 23 of 74

1

applies for Medicaid long-term care services shall be provided with a long-term care consultation.

2

      (h) The executive office is also authorized, subject to availability of appropriation of

3

funding, and federal Medicaid-matching funds, to pay for certain services and supports necessary

4

to transition or divert beneficiaries from institutional or restrictive settings and optimize their

5

health and safety when receiving care in a home or the community. The secretary is authorized to

6

obtain any state plan or waiver authorities required to maximize the federal funds available to

7

support expanded access to such home and community transition and stabilization services;

8

provided, however, payments shall not exceed an annual or per person amount.

9

      (i) To ensure persons with long-term care needs who remain living at home have

10

adequate resources to deal with housing maintenance and unanticipated housing related costs, the

11

secretary is authorized to develop higher resource eligibility limits for persons or obtain any state

12

plan or waiver authorities necessary to change the financial eligibility criteria for long-term

13

services and supports to enable beneficiaries receiving home and community waiver services to

14

have the resources to continue living in their own homes or rental units or other home-based

15

settings.

16

      (j) The executive office shall implement, no later than January 1, 2016, the following

17

home and community-based service and payment reforms:

18

      (1) Community-based supportive living program established in §40-8.13-2.1 § 40-8.13-

19

12;

20

      (2) Adult day services level of need criteria and acuity-based, tiered payment

21

methodology; and

22

      (3) Payment reforms that encourage home and community-based providers to provide

23

the specialized services and accommodations beneficiaries need to avoid or delay institutional

24

care.

25

      (k) The secretary is authorized to seek any Medicaid section 1115 waiver or state plan

26

amendments and take any administrative actions necessary to ensure timely adoption of any new

27

or amended rules, regulations, policies, or procedures and any system enhancements or changes,

28

for which appropriations have been authorized, that are necessary to facilitate implementation of

29

the requirements of this section by the dates established. The secretary shall reserve the discretion

30

to exercise the authority established under §§ 42-7.2-5(6)(v) and 42-7.2-6.1, in consultation with

31

the governor, to meet the legislative directives established herein.

32

     SECTION 14. Section 44-3-16.2 of the General Laws in Chapter 44-3 entitled "Property

33

Subject to Taxation" is hereby amended to read as follows:

34

     44-3-16.2. North Smithfield -- Tax stabilization for certain persons age sixty-five

 

LC003665 - Page 24 of 74

1

(65) and over. -- (a) Definitions:

2

      (1) "Qualified senior" for the purpose of this section means any person who shall satisfy

3

the criteria in subsection (A)(i) or (ii) or (iii); and all of the criteria of subsections (B) -- (J)

4

inclusive:

5

      (A) (i) Who is age sixty-five (65) or more if single or widowed;

6

      (ii) Who, if married, at least one taxpayer who has attained age sixty-five (65) as long as

7

the taxpayers' spouse is at least fifty (50) years of age;

8

      (iii) Who, if widowed, over age fifty (50) whose spouse was at least age sixty-five (65)

9

prior to death and either spouse was a participant under this ordinance prior to death;

10

      (B) Whose home is a single-family home (condominium ownership not eligible);

11

      (C) Whose North Smithfield home is the taxpayer's principal residence and that of the

12

spouse (if living);

13

      (D) Who is a resident of the State of Rhode Island for income tax purposes, as is the

14

spouse (if living);

15

      (E) Who is not a registered voter of any other city, town, or political subdivision of

16

Rhode Island or any other state, nor is the spouse (if living);

17

      (F) Who has resided in the principal residence for the past seven (7) years, as has the

18

spouse (if living);

19

      (G) Whose real estate tax previously billed is not delinquent by more than four (4)

20

quarters;

21

      (H) Who would otherwise qualify but has been forced to relocate residence through no

22

fault of the taxpayer (e.g., in cases of fire, natural disaster, or taking of property by eminent

23

domain by a state or local government);

24

      (I) Whose real estate tax bill is more than five percent (5%) of the total income of the

25

taxpayer, or, if living, of both spouses. "Total income" means the total of adjusted-gross income

26

per US individual income tax return, Form 1040, 1040-A (or the like), plus non-taxable income

27

such as non-taxed social security benefits, welfare benefits, child support receipts, municipal

28

bond interest receipts, and other non-taxable items of income;

29

      (J) Who completes the application process and who attests that the individual meets, or,

30

if living, both spouses meet, all of the qualifications as outlined above.

31

      (2) "Deferred Yearly Tax" for the purpose of this section means the amounts otherwise

32

due for the assessment date of the year in which the taxpayer turned age sixty-four (64), or the

33

year of the date of first application to the program whichever is later in time, and the tax assessed

34

the following July.

 

LC003665 - Page 25 of 74

1

      (3) "Deferred Amount" for the purpose of this section means as the difference between

2

the yearly tax and the amount of tax that would otherwise be due and payable if the applicant did

3

not qualify under this program.

4

      (4) "Disqualifying Event" for the purpose of this section means to include any and all of

5

the following:

6

      (A) Sale of the property;

7

      (B) Transfer of the property to a family member without life tenancy;

8

      (C) The point in time when the property ceases to be the taxpayer's principle residence;

9

      (D) Written request by the applicant to be removed from the program; or

10

      (E) Any property whose square footage living space is increased since application and

11

acceptance under this ordinance.

12

      (b) Deferral of tax:

13

      (1) The town council of the town of North Smithfield may, by ordinance, establish a

14

deferral of taxes on the principal residence of a qualified senior located in the town of North

15

Smithfield.

16

      (2) Upon proper application, approved by the administrator or his/her designee, the

17

assessment and tax will be deferred. The deferred amount will be deferred, without the

18

accumulation of interest, until the occurrence of a disqualifying event.

19

      (3) A deferral under this ordinance shall not be disallowed if the owner applicant has

20

only a life estate in the property or if the property is in the name of a parent or one or more

21

children or in a trust for the benefit of the otherwise qualified resident and the owners submit an

22

affidavit that the qualified resident is the principle principal owner or present beneficiary and

23

title is held in that manner for estate planning purposes only.

24

      (4) A deferral is not allowed for any improvement for outbuildings such as garages or

25

storage sheds, attached or not, to the principle principal residence once application and

26

acceptance into the tax freeze program occurs.

27

      (c) Application Process:

28

      (1) The taxpayer shall initially apply for eligibility in the tax stabilization program

29

between the dates of January 1 and March 31, for taxes assessed the following July of that year.

30

After initial approval, the taxpayer must sign each year thereafter a statement attesting to the fact

31

that the taxpayer and the spouse continue to qualify under the ordinance provisions.

32

      (2) Participation is optional at the taxpayer's option.

33

      (3) Failure to file subsequent statements of eligibility; or the occurrence of a

34

disqualifying event of a temporary nature; or the elimination of a disqualifying event that no

 

LC003665 - Page 26 of 74

1

longer applies, shall require re-entry into the program and full reapplication and recertification,

2

and shall nullify the freeze and any deferral for the tax year in which the disqualifying event

3

occurred, and past deferred amounts shall be due under subsection (e). In such case, the frozen

4

yearly tax shall be calculated as of the year of re-entry into the program.

5

      (d) Recording of deferral; Lien:

6

      (1) All properties subject to the deferral program will have the deferral noted on the deed

7

and the deferral will be registered and recorded with the North Smithfield town clerk. Normal

8

recording fees will apply.

9

      (2) All taxes deferred shall constitute a lien on the real estate for which the deferment

10

was granted until paid in accordance with the provisions ordinance.

11

      (e) Payment of deferral:

12

      (1) All deferrals must be paid in full within six (6) months of a disqualifying event in the

13

case of a death of the legal owner of the property, at closing and conveyance in the event of a sale

14

and within three (3) months of any other disqualifying event.

15

      (2) Failure to report the disqualifying event, and/or to pay the deferral tax when due, will

16

carry a maximum penalty of one hundred dollars ($100) per month, or portion thereof, and

17

applicable interest on the currently assessed tax without regard to the freeze provisions contained

18

herein. Interest will be assessed and due in the same manner as other past due tax receivables and

19

will apply to all amounts previously deferred as well as current amounts due.

20

      (f) Appeal: - Appeals of all decisions as to the application, administration, eligibility or

21

other matter relating to this ordinance shall be made in writing to the North Smithfield town

22

council.

23

      (g) Severability: - If any provision of this chapter or the application thereof to any person

24

or circumstances is held invalid, such invalidity shall not affect other provisions or applications of

25

the chapter, which can be given effect without the invalid provision or application, and to this end

26

the provisions of this chapter are declared to be severable.

27

     SECTION 15. Section 45-24-60 of the General Laws in Chapter 45-24 entitled "Zoning

28

Ordinances" is hereby amended to read as follows:

29

     45-24-60. Administration -- Violations. -- (a) A zoning ordinance adopted pursuant to

30

this chapter provides shall provide for a penalty for any violation of the zoning ordinance, or for

31

a violation of any terms or conditions of any action imposed by the zoning board of review or of

32

any other agency or officer charged in the ordinance with enforcement of any of its provisions.

33

The penalty for the violation must reasonably relate to the seriousness of the offense, and not

34

exceed five hundred dollars ($500) for each violation, and each day of the existence of any

 

LC003665 - Page 27 of 74

1

violation is deemed to be a separate offense. Any fine inures shall inure to the city or town.

2

      (b) The city or town may also cause suit to be brought in the supreme or superior court,

3

or any municipal court, including a municipal housing court having jurisdiction, in the name of

4

the city or town, to restrain the violation of, or to compel compliance with, the provisions of its

5

zoning ordinance. A city or town may consolidate an action for injunctive relief and/or fines

6

under the ordinance in the superior court of the county in which the subject property is located.

7

ARTICLE II--STATUTORY REENACTMENT

8

     SECTION 16. Sections 29-1-2, 29-1-10, and 29-1-15 of the General Laws in Chapter 29-

9

1 entitled "State Library" are hereby amended to read as follows:

10

     29-1-2 Care of library – Preservation of books and documents. – Preservation of

11

books and documents. – The secretary of state shall have the care and custody of the state library,

12

except the law library, and shall receive and preserve all books and documents which that may

13

be sent to, or purchased for, the library.

14

     29-1-10 Legislative reference bureau – Functions. – There shall be in the state library,

15

under the direction of the state librarian, a legislative reference bureau which that shall collect,

16

arrange, and place on file books, pamphlets, and other material relating to legislation,; which that

17

shall prepare abstracts of laws in other states,; and which that shall present such other

18

information as may be useful and necessary to the general assembly in the performance of its

19

legislative duties.

20

     29-1-15 Cooperation with federal officials. – The secretary of state is hereby

21

empowered to cooperate with the secretary of education Secretary of Education of the United

22

States of America or any United States officer in carrying out the purposes of any and all acts of

23

congress Congress for the benefit of those library services, including archives and records which

24

that are under his or her jurisdiction.

25

     SECTION 17. Sections 29-3.1-2.2 and 29-3.1-7 of the General Laws in Chapter 29-3.1

26

entitled "Office of State Library and Information Services" are hereby amended to read as

27

follows:

28

     29-3.1-2.2 Library board of Rhode Island established. – (a) There is hereby created

29

the library board of Rhode Island, sometimes hereinafter referred to as the "library board". The

30

library board shall be protected from sudden changes in membership and reversal of policy by

31

having staggered terms for its public members, and is hereby made successor to all powers,

32

rights, duties, and privileges pertaining to public library services and interlibrary cooperation and

33

resource sharing.

34

      (b) The library board shall consist of fifteen (15) members appointed by the governor,

 

LC003665 - Page 28 of 74

1

with the advice and consent of the senate, five (5) of whom shall be representative of general

2

library users. The remainder of the governor's appointments shall be representative of the

3

following:

4

      (i)(1) Users of the talking books plus, [the] economically disadvantaged, and corporate

5

or special librarians; school library media specialists;

6

      (ii)(2) Librarians serving people who are institutionalized;

7

      (iii)(3) Public library trustees and statewide library advocacy group; and

8

      (iv)(4) Librarians from small public libraries, librarians from large or medium public

9

libraries, and academic librarians.

10

      (c) The commissioner for elementary and secondary education, or a designee, and the

11

commissioner for higher education, or a designee, shall serve as nonvoting ex officio members.

12

The governor shall appoint from the library board's public members a chairperson. The board

13

may elect from among its members such other officers as it deems necessary.

14

      (d) Board members shall receive no compensation for their services but shall be allowed

15

travel expenses related to attendance at board meetings.

16

      (e) No person shall be eligible for appointment to the board unless he or she is a resident

17

of this state.

18

      (f) Members of the board shall be removable by the governor pursuant to the provisions

19

of § 36-1-7 and for cause only, and removal solely for partisan or personal reasons unrelated to

20

capacity or fitness for the office shall be unlawful.

21

     29-3.1-7 Duties of chief of library services. – The chief of library services officer shall

22

be the executive and administrative officer in charge of the office of library and information

23

services. The position of chief information officer shall be in the unclassified service of the

24

state. The chief of library services shall serve as the chief executive officer of the library board.

25

The chief of library services shall also carry out the duties required by this chapter and by

26

chapters 5 and 6 of this title. In addition to the general supervision of the office of library and

27

information services and the appointment of the several officers and employees of the office, it

28

shall be the duty of the chief of library services:

29

      (1) To develop a systematic program of information gathering, processing, and analysis

30

addressed to every aspect of public library development and interlibrary cooperation and resource

31

sharing in this state, especially as that information relates to current and future library and

32

information service needs, so that current needs may be met with reasonable promptness and

33

plans formulated to meet future needs as they arise in the most efficient and economical manner

34

possible;

 

LC003665 - Page 29 of 74

1

      (2) To develop a master plan defining board goals and objectives for public library

2

development and interlibrary cooperation and resource sharing in the state. These goals and

3

objectives shall be expressed in terms of the library and information services to which individuals

4

will have access;

5

      (3) To communicate with and seek the advice of those concerned with and affected by

6

the library board's determinations;

7

      (4) To develop and implement board policy as it pertains to the goals and objectives

8

approved by the library board from time to time;

9

      (5) To enforce standards and to exercise general supervision over interlibrary

10

cooperation and resource sharing in the state;

11

      (6) To develop annually the program for the use of federal funds that is submitted to the

12

United States institute of museum and library services; Institute of Museum and Library

13

Services;

14

      (7) To supervise the operation of the office of library and information services as

15

defined elsewhere in this title and such other additional duties and responsibilities as may be

16

assigned by the library board from time to time; and

17

      (8) To supervise the following functions:

18

      (i) To distribute state funds for public library development and interlibrary cooperation

19

and resource sharing in accordance with law and regulations of the library board;

20

      (ii) To develop standards and regulations for public library development and interlibrary

21

cooperation and resource sharing;

22

      (iii) To certify that public library standards and services are in accordance with law and

23

regulations of the library board;

24

      (iv) To require the observance of all laws relating to public library services and

25

interlibrary cooperation and resource sharing;

26

      (v) To interpret library law;

27

      (vi) To give assistance, advice, and counsel to public libraries and to participants in

28

interlibrary cooperation and resource sharing activities;

29

      (vii) To require that information and statistics necessary to do the work of the office of

30

library and information services be collected, to publish findings and reports thereon;

31

      (viii) To provide eligible persons who are impaired, blind, reading impaired and/or

32

physically impaired with library services through the talking books plus, in cooperation with the

33

library of congress national library service for the blind and physically handicapped;

34

Library of Congress National Library Service for the Blind and Physically Handicapped;

 

LC003665 - Page 30 of 74

1

      (ix) To cooperate with the commissioner of elementary and secondary education in

2

supporting and encouraging effective school library media services and their integration into

3

statewide library networking activities;

4

      (x) To cooperate with the state librarian and the state law librarian in strengthening

5

services to library users;

6

      (xi) To cooperate with the commissioner of higher education in supporting and

7

encouraging effective library services through the state system of higher education; and

8

      (xii) To coordinate with all other state departments and agencies in the provision of

9

library services to state government and to the public.

10

     SECTION 18. Section 29-4-8 of the General Laws in Chapter 29-4 entitled "Free Public

11

Libraries" is hereby amended to read as follows:

12

     29-4-8 Acceptance of gifts by trustees. – In case of any bequest, legacy, or gift to, or in

13

favor of, a public library, the trustees thereof are hereby authorized and empowered to accept the

14

bequest, legacy, or gift in on behalf of, and for the use of, the library, and their receipt shall be a

15

full and sufficient discharge and release to any executor, administrator, or other person authorized

16

to make the payment thereof.

17

     SECTION 19. Sections 29-5-2, 29-5-3, 29-5-4, 29-5-5, and 29-5-6 of the General Laws

18

in Chapter 29-5 entitled "Interstate Library Compact" are hereby amended to read as follows:

19

     29-5-2 Compliance with local laws. – No city, town, or library district of this state,

20

hereinafter to be created, shall be party to a library agreement which that provides for the

21

construction or maintenance of a library pursuant to article III(c)7 of § 29-5-1, nor pledge its

22

credit in support of that library, or contribute to the capital financing thereof, except after

23

compliance with any laws applicable to the cities, towns, or library districts hereinafter to be

24

created relating to or governing capital outlays and the pledging of credit.

25

     29-5-3 "State library agency" defined. – As used in § 29-5-1, "state library agency",

26

with reference to this state, means the director chief of the department of state library services

27

or his or her designated agent

28

     29-5-4 Appropriations. – An interstate library district lying partly within this state may

29

claim and be entitled to receive state aid in support of any of its functions to the same extent and

30

in the same manner as these functions are eligible for support when carried on by entities wholly

31

within this state. For the purposes of computing and apportioning state aid to interstate library

32

districts hereinafter to be created, this state will consider that portion of the area which that lies

33

within this state as an independent entity for the performance of the aided function or functions

34

and compute and apportion the aid accordingly. Subject to any applicable laws of this state, the

 

LC003665 - Page 31 of 74

1

district also may apply for and be entitled to receive any federal aid for which it may be eligible.

2

     29-5-5 Compact administrator. – The director chief of the department of state library

3

services shall be the compact administrator pursuant to article X of § 29-5-1.

4

     29-5-6 Notices of withdrawal. – In the event of withdrawal from the compact, the

5

director chief of the department of state library services shall send and receive any notices

6

required by article XI(b) of § 29-5-1.

7

     SECTION 20. Sections 29-6-3 and 29-6-9 of the General Laws in Chapter 29-6 entitled

8

"State Aid to Libraries" are hereby amended to read as follows:

9

     29-6-3 Eligibility requirements – Municipalities. – (a) To qualify for state aid under §

10

29-6-2, a city or town shall:

11

      (1) Appropriate from local tax revenues an amount not less than the amount

12

appropriated the previous year from local tax revenues and expended for library operating

13

expenses, except in the fiscal years ending June 30, 2009 and June 30, 2010, during which the

14

amount appropriated from local tax revenues is not less than eighty percent (80%) of the amount

15

appropriated from the previous year from local tax revenues and expended for library operating

16

systems. The appropriation would exclude any state funds received for public library services.

17

Any funds received from the state shall not be used to supplant funds from local tax revenues;

18

      (2) In the case of a city or town having more than one free public library therein, submit,

19

or cause to be submitted, to the office of library and information services, a plan for the allotment

20

or division of the proposed state aid among the free public libraries in the city or town. The plan

21

shall be developed by agreement among the free public libraries of the city or town;

22

      (3) Submit, or cause to be submitted, to the office of library and information services,

23

evidence that free public libraries in the city or town meet standards of service as set forth in

24

regulations to be made by the chief of library services pursuant to the provisions of chapter 3.1 of

25

this title or that the regulations are inappropriate for that library;

26

      (4) Submit, or cause to be submitted, a plan describing how the public library or

27

libraries plan to address one or more of the priorities established by the office of library and

28

information services.

29

      (b) The chief of library services upon application and for cause shown may authorize an

30

annual grant-in-aid under § 29-6-2, or a portion thereof, to a city or town not fully meeting the

31

requirements set forth in paragraphs subdivisions (1) – (3) of this subsection.

32

      (c) Decisions as to the eligibility of cities and towns for grants-in-aid under this chapter,

33

and the amounts of the grants-in-aid, shall be made by the chief of library services.

34

      (d) The chief of library services shall require a preservation plan from any public library

 

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1

which receives an appropriation from the state of Rhode Island which that states the preservation

2

needs and objectives of the library for the coming fiscal year. The plan shall include, but not be

3

limited to: condition of materials, assessment of building and environmental controls, and

4

preservation measures to be taken.

5

      (e) The chief of library services shall require a disaster preparedness plan from any

6

public library which that receives an appropriation from the state of Rhode Island which that

7

states the plan of action to be taken in the event of a natural or human made disaster. The plan

8

shall be in accordance with a suggested plan published by the office. The plan shall be submitted

9

no later than January 1, 1993 and shall be updated yearly.

10

     29-6-9 Rhode Island library network. – (a) In order to provide each individual in

11

Rhode Island with equal opportunity of access to resources that will satisfy their and society's

12

information needs and interests, the office of library and information services is hereby

13

authorized to establish a Rhode Island Library network, hereafter referred to as the library of

14

Rhode Island network (LORI), to be administered by the office of library and information

15

services for the purpose of maintaining, promoting, and developing a program of statewide

16

resource sharing and interlibrary cooperation. The office of library and information services shall

17

include, as part of its budget, a budget for the administration and operation of the Rhode Island

18

library network to:

19

      (1) Provide central support services for the library of Rhode Island, such as delivery of

20

materials, telecommunications, consultant services, resource sharing, and access to bibliographic

21

and other information sources;

22

      (2) Reimburse libraries for the actual cost of providing services to individuals outside

23

the library's primary clientele; and

24

      (3) Support the development, maintenance of, and access to the resource sharing

25

potential embodied in specialized collections and services at the Providence public library and

26

other libraries which that can be provided most cost-effectively cost effectively on a statewide

27

basis.

28

      (b) By fiscal year 2000, the state shall provide, from state and federal revenue sources,

29

one hundred percent (100%) of the funding for the following statewide library services:

30

      (1) Reference resource center located in a public library to be chosen biennially by the

31

Office of Library Information Services office of library and information services from

32

responses to a request for proposals issued by the office of library and informational services;

33

      (2) Interlibrary delivery system;

34

      (3) Interlibrary telecommunications system;

 

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1

      (4) Electronic interlibrary loan system; and

2

      (5) Statewide catalog of all library holdings.

3

      (6) [Deleted by P.L. 1996, ch. 100, art. 29, § 1.]

4

      (c) Notwithstanding the provisions of subsection (b), the funding for the statewide

5

library catalog and the statewide access to databases shall be subject to appropriation by the

6

general assembly. The duty imposed upon the office of state library and information services to

7

create and maintain a statewide library catalog and provide statewide access to databases shall be

8

subject to appropriation by the general assembly.

9

     SECTION 21. Sections 29-7-1 and 29-7-2 of the General Laws in Chapter 29-7 entitled

10

"State Publications Clearinghouse" are hereby amended to read as follows:

11

     29-7-1 Purpose. – The purpose of this chapter is to establish a state publications

12

clearinghouse for libraries which that will systematically collect and distribute state publications

13

to libraries throughout the state in order to facilitate public access to publications issued by state

14

agencies and for exchange of publications with agencies outside of the state under the direction of

15

the state librarian as provided in § 29-1-5.

16

     29-7-2 Definitions. – As used in this chapter:

17

      (1) "Depository library" means a library designated to collect, maintain, and make

18

available state publications to the general public. The clearinghouse director shall consider the

19

geography of the state when designating depository libraries;

20

      (2) "Printed" means any form of printing and duplicating, regardless of format, with the

21

exception of correspondence, and interoffice and intraoffice memoranda;

22

      (3) "State agency" means any state office, whether legislative, executive, or judicial,

23

including, but not limited to, any constitutional officer, department, division, bureau, board,

24

commission, and/or any other agency which that expends state appropriated funds; and

25

      (4) "State publication" means any publication, regardless of physical form or

26

characteristics produced, made available electronically, printed, purchased, or authorized for

27

distribution by a state agency, except those determined by the issuing agency to be required for

28

official use only for administrative or operational purposes.

29

     SECTION 22. Sections 30-3-17 and 30-3-22 of the General Laws in Chapter 30-3

30

entitled "National Guard" are hereby amended to read as follows:

31

     30-3-17 Uniforms and equipment of officers. -- Every commissioned officer and every

32

warrant officer of the national guard shall provide himself or herself with the arms, uniforms,

33

and equipment prescribed and approved by the governor.

34

     30-3-22 Physical fitness boards. -- The physical fitness for service of commissioned

 

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1

officers or warrant officers of the national guard shall be determined, by a board of five (5)

2

medical persons, which who shall be appointed by the governor for that purpose. Two (2) of the

3

medical persons shall be selected by the governor, and two (2) shall be selected by the officer

4

under examination. The four (4) medical persons shall select a fifth medical person. The officer

5

shall submit his or her selections to the governor within ten (10) days of receipt of notice that he

6

or she is to be examined for physical fitness. Failure of the officer to submit his or her selections

7

to the governor within the prescribed period of time shall be deemed to have been a waiver of his

8

or her rights and the governor shall select the remaining members of the examining board. The

9

findings and recommendations of the board shall be transmitted to the governor. If the officer is

10

found to be physically unfit for service by a majority vote of the examining board, and the finding

11

is approved by the governor, the officer shall be discharged from the national guard, subject to the

12

provisions of § 30-3-39.

13

     SECTION 23. Sections 30-4-1, 30-4-3, and 30-4-4 of the General Laws in Chapter 30-4

14

entitled "Independent Military Organizations" are hereby amended to read as follows:

15

     30-4-1 Constitution -- Age limits -- Enlistment papers. -- The independent chartered

16

military organizations shall be constituted as provided, respectively, in their charters, or any

17

amendments thereof. The members of these organizations shall be subject to no age limit other

18

than prescribed respectively by their charters or rules made thereunder, and each active member

19

shall be enlisted for a term of at least three (3) years. A copy of the enlistment papers shall be

20

forwarded to the adjutant general, and shall be kept on file in his or her office. The adjutant

21

general shall prepare a roll of all active, independent chartered military organizations which that

22

shall be kept on file in his or her office.

23

     30-4-3 Allowances for maintenance of armories. -- The general assembly shall

24

annually appropriate such a sum as it may deem necessary for the purpose of heating, lighting,

25

and repairing the armories of the independent chartered military organizations of the state, which

26

sum shall be apportioned as follows:

27

      (1) For the artillery company in the town of Newport, twenty-five hundred dollars

28

($2,500);

29

      (2) For the Kentish guards, twenty-five hundred dollars ($2,500);

30

      (3) For the train of artillery in the town and county of Bristol, twenty-five hundred

31

dollars ($2,500);

32

      (4) For the naval militia battalion in their armory afloat, the U.S.S. Providence, two

33

thousand five hundred dollars ($2,500);

34

      (5) For the Glocester light infantry in the town of Glocester, twenty-five hundred dollars

 

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1

($2,500); and

2

      (6) For the Pawtuxet rangers in the city of Cranston, twenty-five hundred dollars

3

($2,500); and

4

      (7) For the Varnum Continentals in the town of East Greenwich, twenty-five hundred

5

dollars ($2,500); and

6

      (8) For the Federal Blues in the town of Warren, twenty-five hundred dollars ($2,500).

7

     30-4-4 Allowance for armorer's expenses. -- Each independent chartered military

8

organization of the state which that has been entered on the approved active roll of the state

9

adjutant general may also receive annually the sum of five hundred dollars ($500) for armorer's

10

expenses, to be paid in January of each year. The adjutant general shall not allow this sum of five

11

hundred dollars ($500) to be paid unless the functions of the armorer have been properly

12

performed.

13

     SECTION 24. Section 30-5-3 of the General Laws in Chapter 30-5 entitled "Unorganized

14

Militia" is hereby amended to read as follows:

15

     30-5-3 Failure to answer call to duty. -- Every member of the unorganized militia

16

called out, or who volunteers or is drafted under the provisions of chapters 1 -- 14 of this title,

17

who, after being duly notified in accordance with the provisions hereof, does not appear at the

18

time and place designated by his or her commanding officer, the mayor, or president of the town

19

council, or who does not produce, from a physician in good standing, a sworn certificate of

20

physical disability so to appear, shall be guilty of a misdemeanor.

21

     SECTION 25. Section 30-6-2 of the General Laws in Chapter 30-6 entitled "Pay and

22

Allowances" is hereby amended to read as follows:

23

     30-6-2 Pay of officers on active duty. -- Every commissioned officer or warrant officer

24

of the national guard, ordered to duty by the governor or under his or her authority, or detailed by

25

the governor or under his or her authority to serve on or with any military board, court of inquiry,

26

or court martial, shall receive for every day actually on duty the same pay and allowances that a

27

federally recognized national guard commissioned officer or warrant officer, of the same grade

28

and length of service, would receive or be entitled to when participating, in a federal pay status, in

29

encampments or maneuvers prescribed or authorized under the laws of the United States and the

30

regulations issued thereunder; provided, however, that no officer or warrant officer shall receive

31

less than the minimum federal hourly wage rate then prevailing on the day of duty for hours

32

served on duty, up to a maximum of twelve (12) hours of duty, regardless of the extra hours

33

served.

34

     SECTION 26. Section 30-7-4 of the General Laws in Chapter 30-7 entitled "Privileges

 

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1

and Immunities of Militiamen" is hereby amended to read as follows:

2

     30-7-4 Defense of actions. -- When an action or proceeding of any nature is commenced

3

in any court against any member of the militia for an act done by the member in his or her

4

official capacity in the discharge of his or her duty, or for an alleged omission by the member to

5

do an act which that it was his or her duty to perform, or against any officer or enlisted person

6

acting under proper authority or by virtue of a warrant issued to that person pursuant to law, the

7

defendant in that action or proceeding may require the person instituting or prosecuting the action

8

to file security in an amount to be fixed by the court for the payment of costs that may be awarded

9

to the defendant therein. The defendant in all cases may make a general denial and give the

10

special matter in evidence. A defendant in whose favor a nonsuit or a final judgment is rendered

11

in any such action or proceeding shall recover treble costs. The governor shall appoint special

12

counsel, to defend the action or proceeding, at the expense of the state.

13

     SECTION 27. Sections 30-8-7 and 30-8-9 of the General Laws in Chapter 30-8 entitled

14

"Decorations" are hereby amended to read as follows:

15

     30-8-7 Rules, regulations, and orders. -- The adjutant general shall make from time to

16

time, rules, regulations, and orders, not inconsistent herewith, which that he or she deems

17

necessary to carry into effect the provisions of this chapter,; to establish awards not inconsistent

18

with this chapter,; and to establish the eligibility of persons to receive and the method of award of

19

the decorations provided for under this chapter.

20

     30-8-9 Rhode Island defense service medal. -- (a) Members of the national guard

21

ordered, called, or drafted to active duty under the constitution and laws of the United States

22

during the operation desert shield/desert storm Operation Desert Shield/Desert Storm call-up

23

and all members of the National Guard who were part of the selected Reserve in good standing

24

between August 2, 1990, through November 30, 1995; and from September 11, 2001, to a date to

25

be determined or federal call-ups subsequent thereto, or those serving on full-time national guard

26

training duty during the federal call-up, may be awarded the Rhode Island defense service medal.

27

No more than one Rhode Island defense service medal shall be awarded to any person, but for

28

each succeeding service, a bronze oak-leaf cluster shall be awarded in lieu thereof.

29

      (b) The adjutant general shall follow the provisions of §§ 30-8-6 and 30-8-7 with

30

reference to the design and procurement of the medal and the rules, regulations, and orders with

31

reference thereto.

32

     SECTION 28. Section 30-10-6 of the General Laws in Chapter 30-10 entitled "Armories

33

and Campgrounds" is hereby amended to read as follows:

34

     30-10-6 Rental of armories for nonmilitary purposes. -- The adjutant general may

 

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1

authorize the use of any armory under his or her control, for nonmilitary purposes, subject to such

2

rules and conditions as he or she may prescribe, which that are lawful and approved, provided

3

that the person, corporation, organization, or society to whom the use may be authorized shall pay

4

in advance to the adjutant general such a sum for the use thereof as may be prescribed by the

5

adjutant general. This sum shall in no case, where admission is charged, be less than the fair

6

rental value of halls of a similar nature, in the same or a similar city or town. These persons,

7

corporations, organizations, or societies shall, if required by the adjutant general, furnish a bond,

8

with good and sufficient surety, to protect and indemnify the state from loss or damage to the

9

armory, or to any federal or state property, or to the property of any military organization or

10

members thereof, contained therein.

11

     SECTION 29. Section 30-11-8 of the General Laws in Chapter 30-11 entitled "Criminal

12

Offenses" is hereby amended to read as follows:

13

     30-11-8 Reservists' right to other advantages of employment -- Civil remedies. -- A

14

reservist's absence for military training will in no wise way affect the employee's right to receive

15

normal vacation, sick leave, bonus, advancement, and other advantages of his or her employment

16

normally to be anticipated in his or her particular position. In the event of the failure of any

17

employer to comply with the foregoing, the employee may, at his or her election, bring an action

18

at law for damages for this noncompliance, or apply to the superior court for such equitable relief

19

as may be just and proper under the circumstances, and this action shall take precedence on the

20

court calendar.

21

     SECTION 30. Section 30-12-3 of the General Laws in Chapter 30-12 entitled "General

22

Offenses" is hereby amended to read as follows:

23

     30-12-3 Pursuit into this state by forces of another state. -- Any military force or

24

organization, or unit, or detachment thereof of another state who that is in fresh pursuit of

25

insurrectionists, saboteurs, enemies, or enemy forces may continue that pursuit into this state until

26

the military or police forces of this state, or the forces of the United States, have had a reasonable

27

opportunity to take up the pursuit or to apprehend or capture these persons, and is hereby

28

authorized to arrest or capture these persons within this state while in fresh pursuit. Any of the

29

above described persons who shall be captured or arrested by the military forces of another state

30

while in this state shall, without unnecessary delay, be surrendered to the military or police forces

31

of this state to be dealt with according to law. This section shall not be construed so as to make

32

unlawful any arrest in this state which would otherwise be lawful.

33

     SECTION 31. Sections 30-13-23, 30-13-34, 30-13-41, 30-13-65, 30-13-66, 30-13-71, 30-

34

13-72, 30-13-74, 30-13-77, 30-13-87, 30-13-90, 30-13-92, 30-13-99, 30-13-100, 30-13-101, 30-

 

LC003665 - Page 38 of 74

1

13-103, 30-13-107, 30-13-108, 30-13-109, 30-13-111, 30-13-116, 30-13-117, 30-13-118, 30-13-

2

121, 30-13-125, 30-13-126, 30-13-127, 30-13-128, 30-13-131, and 30-13-133 of the General

3

Laws in Chapter 30-13 entitled "Rhode Island Code of Military Justice" are hereby amended to

4

read as follows:

5

     30-13-23 Confinement in default of payment of fine. -- All courts-martial shall have

6

power to sentence, in the alternative, to confinement in default of payment of a fine imposed by

7

the court; in court. In these cases, the court shall fix a reasonable time within which the fine

8

shall be paid; provided, however, that the sentence of confinement shall not exceed one day for

9

each five dollars ($5.00) of fine imposed.

10

     30-13-34 Investigation. -- (a) No charge or specification may be referred to a general

11

court-martial for trial until a thorough and impartial investigation of all the matters set forth

12

therein has been made. This investigation shall include inquiry as to the truth of the matter set

13

forth in the charges, consideration of the form of charges, and a recommendation as to the

14

disposition which that should be made of the case in the interest of justice and discipline.

15

      (b) The accused shall be advised of the charges against him or her and of his or her right

16

to be represented at that investigation by counsel. Upon the accused's own request, he or she shall

17

be represented by civilian counsel if provided by him or her,; or military counsel of his or her

18

own selection if military counsel is reasonably available,; or by counsel detailed by the officer

19

exercising general court-martial jurisdiction over the command. At that investigation, full

20

opportunity shall be given to the accused to cross-examine witnesses against him or her if they

21

are available, and to present anything he or she may desire in his or her own behalf, either in

22

defense or mitigation, and the investigating officer shall examine witnesses requested by the

23

accused. If the charges are forwarded after the investigation, they shall be accompanied by a

24

statement of the substance of the testimony taken on both sides and a copy thereof shall be given

25

to the accused.

26

      (c) If an investigation of the subject matter of an offense has been conducted before the

27

accused is charged with the offense, and if the accused was present at the investigation and

28

afforded the opportunities for representation, cross-examinations, and presentation prescribed in

29

subsection (b) of this section, no further investigation of that charge is necessary under this

30

section unless it is demanded by the accused after he or she is informed of the charge. A demand

31

for further investigation entitles the accused to recall witnesses for further cross-examination and

32

to offer any new evidence in his or her own behalf.

33

      (d) The requirements of this section are binding on all persons administering this code,

34

but failure to follow them does not divest a military court of jurisdiction.

 

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1

     30-13-41 Duties of trial counsel and defense counsel. -- (a) The trial counsel of a

2

general or special court-martial shall prosecute in the name of the state, and shall, under the

3

direction of the court, prepare the record of the proceedings.

4

      (b) The accused has the right to be represented in his or her defense before a general or

5

special court-martial by civilian counsel if provided by the accused, or by military counsel of his

6

or her own selection if reasonably available, or by the defense counsel detailed under § 30-13-29.

7

Should the accused have counsel of his or her own selection, the defense counsel, and assistant

8

defense counsel, if any, who were detailed, shall, if the accused so desires, act as his or her

9

associate counsel; otherwise they shall be excused by the president of the court.

10

      (c) In every court-martial proceeding, the defense counsel may, in the event of

11

conviction, forward for attachment to the record of proceedings a brief of those matters counsel

12

feels should be considered in behalf of the accused on review, including any objection to the

13

contents of the record which that he or she considers appropriate.

14

      (d) An assistant trial counsel of a general court-martial may, under the direction of the

15

trial counsel or when he or she is qualified to be a trial counsel as required by § 30-13-29,

16

perform any duty imposed by law, regulation, or the custom of the service, upon the trial counsel

17

of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial

18

counsel.

19

      (e) An assistant defense counsel of a general or special court-martial may, under the

20

direction of the defense counsel or when he or she is qualified to be the defense counsel as

21

required by § 30-13-29, perform any duty imposed by law, regulation, or the custom of the

22

service, upon counsel for the accused.

23

     30-13-65 Reconsideration and revision of record. -- (a) If a specification before a

24

court-martial has been dismissed on motion and the ruling does not amount to a finding of not

25

guilty, the convening authority may return the record to the court for reconsideration of the ruling

26

and any further appropriate action.

27

      (b) Where there is an apparent error or omission in the record or where the record shows

28

improper or inconsistent action by a court-martial with respect to a finding or sentence which

29

that can be rectified without material prejudice to the substantial rights of the accused, the

30

convening authority may return the record to the court for appropriate action. In no case,

31

however, may the record be returned:

32

      (1) For reconsideration of a finding of not guilty, or a ruling which that amounts to a

33

finding of not guilty;

34

      (2) For reconsideration of a finding of not guilty of any charge, unless the record shows a

 

LC003665 - Page 40 of 74

1

finding of guilty under a specification laid under that charge, which sufficiently alleges a

2

violation of some section of this code; or

3

      (3) For increasing the severity of the sentence unless the sentence prescribed for the

4

offense is mandatory.

5

     30-13-66 Rehearings. -- (a) If the convening authority disapproves the findings and

6

sentence of a court-martial, he or she may, except where there is lack of sufficient evidence in the

7

record to support the findings, order a rehearing. In that case, the convening authority shall state

8

the reasons for disapproval. If the convening authority disapproves the findings and sentence and

9

does not order a rehearing, he or she shall dismiss the charges.

10

      (b) Each rehearing shall take place before a court-martial composed of members not

11

members of the court-martial which that first heard the case. Upon a rehearing, the accused may

12

not be tried for any offense of which he or she was found not guilty by the first court-martial, and

13

no sentence in excess of, or more severe than, the original sentence may be imposed, unless the

14

sentence is based upon a finding of guilty of an offense not considered upon the merits in the

15

original proceedings, or unless the sentence prescribed for the offense is mandatory.

16

     30-13-71 Vacation of suspension. -- (a) Before the vacation of the suspension of a

17

special court-martial sentence which that, as approved, includes a bad-conduct discharge, or of

18

any general court-martial sentence, the officer having special court-martial jurisdiction over the

19

probationer shall hold a hearing on the alleged violation of probation. The probationer shall be

20

represented at the hearing by counsel if he or she so desires.

21

      (b) The record of the hearing and the recommendation of the officer having special

22

court-martial jurisdiction shall be sent for action to the governor in cases involving a general

23

court-martial sentence and to the commanding officer of the force of the state military forces of

24

which the probationer is a member in all other cases covered by subsection (a) of this section. If

25

the governor or commanding officer vacates the suspension, any unexecuted part of the sentence,

26

except a dismissal, shall be executed.

27

      (c) The suspension of any other sentence may be vacated by any authority competent to

28

convene, for the command in which the accused is serving or assigned, a court of the kind that

29

imposed the sentence.

30

     30-13-72 Petition for new trial. -- At any time within two (2) years after approval by the

31

convening authority of a court-martial sentence which that extends to dismissal, or dishonorable

32

or bad-conduct discharge, the accused may petition the governor for a new trial on the grounds of

33

newly discovered evidence or fraud on the court-martial.

34

     30-13-74 Restoration following sentence set aside. -- (a) Under such regulations as the

 

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1

governor may prescribe, all rights, privileges, and property affected by an executed part of a

2

court-martial sentence which that has been set aside or disapproved, except an executed

3

dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and the

4

executed part is included in a sentence imposed upon a new trial or rehearing.

5

      (b) If a previously executed sentence of dishonorable or bad-conduct discharge is not

6

imposed on a new trial, the governor shall substitute therefor a form of discharge authorized for

7

administrative issuance unless the accused is to serve out the remainder of his or her enlistment.

8

      (c) If a previously executed sentence of dismissal is not imposed on a new trial, the

9

governor shall substitute therefor a form of discharge authorized for administrative issue, and the

10

commissioned officer dismissed by that sentence may be reappointed by the governor alone to

11

such a commissioned grade and with such rank as in the opinion of the governor that former

12

officer would have attained had he or she not been dismissed. The reappointment of such a

13

former officer may be made if a position vacancy is available under applicable tables of

14

organization. All time between the dismissal and reappointment shall be considered as service for

15

all purposes.

16

     30-13-77 Principals. -- Any person subject to this code who:

17

      (1) Commits an offense punishable by this code, or aids, abets, counsels, commands, or

18

procures its commission; or

19

      (2) Causes an act to be done which that if directly performed by that person would be

20

punishable by this code;

21

      is a principal.

22

     30-13-92 Failure to obey order or regulation -- Derelict performance. -- Any person

23

subject to this code who:

24

      (1) Violates or fails to obey any lawful general order or regulation;

25

      (2) Having knowledge of any other lawful order issued by a member of the state military

26

forces which that it is that person's duty to obey, fails to obey the order; or

27

      (3) Is derelict in the performance of his or her duties;

28

      shall be punished as a court-martial may direct.

29

     30-13-99 Misbehavior before the enemy. -- Any person subject to this code who before

30

or in the presence of the enemy:

31

      (1) Runs away;

32

      (2) Shamefully abandons, surrenders, or delivers up any command, unit, place, or

33

military property which that it is his or her duty to defend;

34

      (3) Through disobedience, neglect, or intentional misconduct endangers the safety of any

 

LC003665 - Page 42 of 74

1

such command, unit, place, or military property which that it is his or her duty to defend;

2

      (4) Casts away his or her arms or ammunition;

3

      (5) Is guilty of cowardly conduct;

4

      (6) Quits his or her place of duty to plunder or pillage;

5

      (7) Causes false alarms in any command, unit, or place under control of the armed forces

6

of the United States or the state military forces;

7

      (8) Willfully fails to do his or her utmost to encounter, engage, capture, or destroy any

8

enemy troops, combatants, vessels, aircraft, or any other thing, which that it is his or her duty so

9

to encounter, engage, capture, or destroy; or

10

      (9) Does not afford all practicable relief and assistance to any troops, combatants,

11

vessels, or aircraft of the armed forces belonging to the United States or their allies, to the state,

12

or to any other state, when engaged in battle;

13

      shall be punished as a court-martial may direct.

14

     30-13-111 Drunk on duty -- Sleeping on post -- Leaving post before relief. -- Any

15

person subject to this code who is found drunk on duty or sleeping upon his or her post, or who

16

leaves his or her post before being regularly relieved, shall be punished as a court-martial may

17

direct.

18

     30-13-118 Larceny and wrongful appropriation. -- (a) Any person subject to this code

19

who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or

20

of any other person any money, personal property, or article of value of any kind:

21

      (1) With intent permanently to deprive or defraud another person of the use and benefit

22

of that property or to appropriate it to his or her own use or the use of any person other than the

23

owner, steals that property, and is guilty of larceny; or

24

      (2) With intent temporarily to deprive or defraud another person of the use and benefit of

25

that property or to appropriate it to his or her own use or the use of any person other than the

26

owner, is guilty of wrongful appropriation.

27

      (b) Any person found guilty of larceny or wrongful appropriation shall be punished as a

28

court-martial may direct.

29

     30-13-121 Courts of inquiry. -- (a) Courts of inquiry to investigate any matter may be

30

convened by the governor or by any other person designated by the governor for that purpose,

31

whether or not the persons involved have requested an inquiry.

32

      (b) A court of inquiry consists of three (3) or more commissioned officers. For each

33

court of inquiry, the convening authority shall also appoint counsel for the court.

34

      (c) Any person subject to this code whose conduct is subject to inquiry shall be

 

LC003665 - Page 43 of 74

1

designated as a party. Any person subject to this code or employed in military or naval affairs of

2

the state, who has a direct interest in the subject of inquiry, has the right to be designated as a

3

party upon request to the court. Any person designated as a party shall be given due notice and

4

has the right to be present, to be represented by counsel, to cross-examine witnesses, and to

5

introduce evidence.

6

      (d) Members of a court of inquiry may be challenged by a party, but only for cause

7

stated to the court.

8

      (e) The members, counsel, reporter, and interpreters of courts of inquiry shall take an

9

oath or affirmation to faithfully perform their duties.

10

      (f) Witnesses may be summoned to appear and testify and be examined before courts of

11

inquiry, as provided for courts-martial.

12

      (g) Courts of inquiry shall make findings of fact but may not express opinions or make

13

recommendations unless required to do so by the convening authority.

14

      (h) Each court of inquiry shall keep a record of its proceedings, which that shall be

15

authenticated by the signatures of the president and counsel for the court and forwarded to the

16

convening authority. If the record cannot be authenticated by the president, it shall be signed by a

17

member in lieu of the president. If the record cannot be authenticated by counsel for the court, it

18

shall be signed by a member in lieu of counsel.

19

     30-13-125 Redress of injuries to property. -- (a) Whenever complaint is made to any

20

commanding officer that willful damage has been done to the property of any person or that

21

person's property has been wrongfully taken by members of the state military forces, that officer

22

may, subject to such regulations as the governor may prescribe, convene a board to investigate

23

the complaint. The board shall consist of from one (1) to three (3) commissioned officers and, for

24

the purpose of that investigation, it has power to summon witnesses and examine them upon oath

25

or affirmation,; to receive depositions or other documentary evidence,; and to assess the damages

26

sustained against the responsible parties. The assessment of damage made by the board is subject

27

to the approval of the commanding officer, and in the amount so approved by the commanding

28

officer, shall be charged against the pay of the offenders. The order of the commanding officer

29

directing charges herein authorized is conclusive, except as provided in subsection (c) of this

30

section, on any disbursing officer for the payment by that officer to the injured parties of the

31

damages so assessed and approved.

32

      (b) If the offenders cannot be ascertained, but the organization or detachment to which

33

they belong is known, charges totaling the amount of damages assessed and approved may be

34

paid to the injured parties from the military funds of the units of the state military forces to which

 

LC003665 - Page 44 of 74

1

the offenders belonged.

2

      (c) Any person subject to this code who is accused of causing willful damage to property

3

has the right to be represented by counsel, to summon witnesses in his or her behalf, and to cross-

4

examine those appearing against him or her. He or she has the right of appeal to the next higher

5

commander.

6

     30-13-128 Payment of fines and disposition thereof. -- Fines imposed by a military

7

court may be paid to it or to an officer executing its process. The amount of an imposed fine may

8

be noted upon any state roll or account for pay of the delinquent and deducted from any pay or

9

allowance due or thereafter to become due the delinquent, until the fine is liquidated. Any sum so

10

deducted shall be returned to the military court which that imposed the fine. Any military court

11

and any officer collecting a fine or penalty imposed by a military court upon an officer or enlisted

12

person shall pay it forthwith to the adjutant general, who shall remit the sum within thirty (30)

13

days to the state treasurer for the general purposes and uses of the state.

14

     30-13-131 Delegation of authority by governor. -- The governor may delegate any

15

authority vested in him or her under this code, and may provide for the subdelegation of any of

16

that authority, except the power given him or her by §§ 30-13-21 and 30-13-24.

17

     SECTION 32. Sections 30-15-2, 30-15-7, 30-15-9, 30-15-11, 30-15-12, 30-15-13, 30-15-

18

15, 30-15-16, 30-15-18, 30-15-21, 30-15-41, 30-15-42, and 30-15-43 of the General Laws in

19

Chapter 30-15 entitled "Emergency Management" are hereby amended to read as follows:

20

     30-15-2 Purposes of provisions. -- The purposes of this chapter are:

21

      (1) To reduce vulnerability of people and communities of this state to damage, injury,

22

and loss of life and property resulting from natural or man-made catastrophes, riots, or hostile

23

military or paramilitary action or acts of bioterrorism;

24

      (2) To prepare for prompt and efficient rescue, care, and treatment of persons victimized

25

or threatened by disaster;

26

      (3) To provide a setting conducive to the rapid and orderly start of restoration and

27

rehabilitation of persons and property affected by disasters;

28

      (4) To clarify and strengthen the roles of the governor, state agencies, and local

29

governments in prevention of, preparation for, and response to and recovery from disasters;

30

      (5) To authorize and provide for cooperation in disaster prevention, preparedness,

31

response, and recovery;

32

      (6) To authorize and provide for coordination of activities relating to disaster prevention,

33

preparedness, response, and recovery by agencies and officers of this state, and similar state-

34

local, interstate, federal-state, and foreign activities in which the state and its political

 

LC003665 - Page 45 of 74

1

subdivisions may participate;

2

      (7) To provide a disaster management system embodying all four (4) phases of

3

emergency management: mitigation;, preparedness;, response;, and recovery.

4

      (8) [Deleted by P.L. 2000, ch. 170, § 2];

5

      (9) To prepare for emergency health threats, including those caused by acts of

6

bioterrorism, which that require the exercise of extraordinary government functions;

7

      (10) To provide the state with the ability to respond rapidly and effectively to potential

8

or actual public health emergencies or disaster emergencies.

9

     30-15-7 Governor's general powers. -- The governor shall be responsible for carrying

10

out the provisions of this chapter and shall be primarily responsible for emergency management

11

in the state. Aside from powers granted to the governor elsewhere, the governor is hereby

12

specifically authorized to:

13

      (1) Issue executive orders, proclamations, and regulations and amend or rescind them.

14

Executive orders, proclamations, and regulations, for the purposes of this chapter, have the force

15

and effect of law;

16

      (2) Cooperate with the federal authorities and with the governors and/or officials of the

17

other states in matters pertaining to the common disaster preparedness of the states and nation,

18

and in exercising the powers under this chapter, the governor shall avoid duplications of, and

19

conflicts with, the efforts of the federal authorities acting within their proper spheres;

20

      (3) Consider on a continuing basis steps that could be taken to prevent or reduce the

21

harmful consequences of disasters. At the governor's direction, and pursuant to any other

22

authority they now have, state agencies, including, but not limited to, those that are or may be

23

charged with responsibilities in connection with flood plain management, stream encroachment

24

and flow regulation, weather modification, fire prevention and control, air quality, public works,

25

land use and land-use planning, and construction standards, shall make studies of disaster

26

prevention disaster-prevention-related matters. The governor, from time to time, shall make

27

recommendations to the general assembly, local governments, and other appropriate public and

28

private entities as may facilitate measures for mitigation of the harmful consequences of disasters;

29

      (4) Prepare a comprehensive plan and program for disasters (including response and

30

recovery) in the state, the plan and program to be integrated into, and coordinated with, the

31

response and disaster plans of other states to the fullest possible extent, and coordinate the

32

preparation of plans and programs for disasters by the political subdivisions of the state, such

33

plans to be integrated into, and coordinated with the state disaster plan and program to the fullest

34

possible extent;

 

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1

      (5) In accordance with the plans and programs for disasters in the state, procure supplies

2

and equipment, to institute training programs and public information programs, and to take all

3

other preparatory steps, including the partial or full mobilization of disaster organizations in

4

advance of actual disaster, to insure ensure the furnishing of adequately trained and equipped

5

forces of disaster personnel in time of need;

6

      (6) Delegate any administrative authority vested in the governor under this chapter, and

7

provide for the subsequent delegation of that authority; and

8

      (7) Do all other things necessary to insure ensure adequate preparation for disasters in

9

the state, not inconsistent with other provisions of law.

10

     30-15-9 Governor's responsibilities relating to disaster emergencies. -- (a) The

11

governor shall be responsible for meeting the dangers to the state and people presented by

12

disasters.

13

      (b) A state of emergency shall be declared by executive order or proclamation of the

14

governor if he or she finds a disaster has occurred or that this occurrence, or the threat thereof, is

15

imminent. The state of disaster emergency shall continue until the governor finds that the threat

16

or danger has passed or the disaster has been dealt with to the extent that emergency conditions

17

no longer exist and terminates the state of disaster emergency by executive order or proclamation,

18

but no state of disaster emergency may continue for longer than thirty (30) days unless renewed

19

by the governor. The general assembly, by concurrent resolution, may terminate a state of disaster

20

emergency at any time. Thereupon, the governor shall issue an executive order or proclamation

21

ending the state of disaster emergency and what actions are being taken to control the emergency

22

and what action the public should take to protect themselves. All executive orders or

23

proclamations issued under this subsection shall indicate the nature of the disaster, the area or

24

areas threatened, and the conditions which that have brought it about or which that make

25

possible termination of the state of disaster emergency. An executive order or proclamation shall

26

be disseminated promptly by means calculated to bring its contents to the attention of the general

27

public and, unless the circumstances attendant upon the disaster prevent or impede, promptly

28

filed with the agency, the secretary of state, and the city and town clerks in the area to which it

29

applies.

30

      (c) An executive order or proclamation of a state of disaster emergency, shall activate the

31

state and local disaster emergency plans applicable to the political subdivision or area in question

32

and shall be authority for the deployment and use of any forces to which the plan or plans apply

33

and for the use or distribution of any supplies, equipment, and materials and facilities assembled,

34

stockpiled, or arranged to be made available pursuant to this chapter or any other provision of law

 

LC003665 - Page 47 of 74

1

relating to disaster emergencies.

2

      (d) During the continuance of any state of disaster emergency, the governor is

3

commander-in-chief of the organized and unorganized militia and of all other forces available for

4

emergency duty. To the greatest extent practicable, the governor shall delegate or assign

5

command authority by prior arrangement embodied in appropriate executive orders or

6

regulations, but nothing herein restricts the governor's authority to do so by orders issued at the

7

time of the disaster emergency.

8

      (e) In addition to any other powers conferred upon the governor by law, the governor

9

may exercise the following powers, limited in scope and duration as is reasonably necessary for

10

emergency response:

11

      (1) Suspend the provisions of any regulatory statute prescribing the procedures for

12

conduct of state business, or the orders, rules, or regulations of any state agency, if strict

13

compliance with the provisions of any statute, order, rule, or regulation would in any way

14

prevent, hinder, or delay necessary action in coping with the emergency, provided that the

15

suspension of any statute, order, rule or regulation will be limited in duration and scope to the

16

emergency action requiring said suspension;

17

      (2) Utilize all available resources of the state government as reasonably necessary to

18

cope with the disaster emergency and of each political subdivision of the state;

19

      (3) Transfer the direction, personnel, or functions of state departments and agencies or

20

units thereof for the purpose of performing or facilitating emergency services;

21

      (4) Subject to any applicable requirements for compensation under § 30-15-11,

22

commandeer or utilize any private property if the governor finds this necessary to cope with the

23

disaster emergency;

24

      (5) Direct and compel the evacuation of all or part of the population from any stricken or

25

threatened area within the state if the governor deems this action necessary for the preservation of

26

life or other disaster mitigation, response, or recovery;

27

      (6) Prescribe routes, modes of transportation, and destinations in connection with

28

evacuation;

29

      (7) Control ingress and egress to and from a high risk area, the movement of persons

30

within the area, and the occupancy of premises therein;

31

      (8) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages,

32

firearms, explosives, and combustibles;

33

      (9) Make provision for the availability and use of temporary emergency shelter;

34

      (10) Make and promulgate such rules and regulations as the governor may deem

 

LC003665 - Page 48 of 74

1

advisable for the assigning, detailing, and making available for duty and use in any city or town

2

of this state any of the personnel, apparatus, or equipment of any police or fire department of any

3

other city or town, or of any volunteer fire company, or of any fire district, and that personnel

4

shall have the same powers, duties, rights, privileges, and immunities as if performing their duties

5

in the city or town in which they normally would be employed, but the personnel shall obey the

6

orders of the police and fire authorities of the city or town to which assigned, detailed, or made

7

available. When assigned, detailed, or made available as aforesaid, the city or town in which the

8

police or firemen shall perform outside duties shall provide them with subsistence or pay them a

9

reasonable allowance therefor, and shall also be liable for any damage to the apparatus or

10

equipment incurred while being so used; provided, however, that a city or town shall be

11

reimbursed by the state out of the general fund of the state for all expenses incurred under the

12

foregoing provisions of this subsection;

13

      (11) Designate as a special emergency health and sanitation area, any area within the

14

state which that has been seriously damaged by disaster, or in which the existence of any

15

military, naval, or air establishment of the United States of America or of any industrial

16

establishment constructed or enlarged for purposes of national defense, has caused an increase in

17

the population of that area to such an extent as to produce unusual problems of health and

18

sanitation. It is the duty of state health authorities and the local code enforcement officials to

19

make and enforce rules and regulations designed to prevent the introduction of any contagious or

20

infectious disease and to safeguard the public health within the area. The governor may

21

promulgate and enforce additional rules and regulations for the protection of the public health

22

within areas as may be necessary;

23

      (12) Whenever, in the governor's opinion, due to a disaster there is liable to be a serious

24

shortage in the supply of food, fuel, clothing, antitoxins, serums, immunizing agents, or any other

25

pharmaceutical agents or medical supplies, or any other necessity of life or defense, and the

26

federal authorities are not adequately dealing with the situation, promulgate such rules and

27

regulations as he or she, from time to time, deems necessary to regulate the sale, purchase, or

28

distribution of those necessities and to prohibit and prevent the wasting, secreting, hiding, or

29

hoarding of, or profiteering from, those necessities; additionally, during a declared time of state

30

or national emergency, no person, firm, or corporation shall increase the price of any item it sells

31

or offers for sale at retail immediately prior to the proclamation of emergency or during the

32

proclaimed state of emergency. Nothing in this section shall prohibit the fluctuation in the price

33

of items sold at retail that occurs during the normal course of business. Any person, firm, or

34

corporation who or that violates any provision of this subsection shall be fined not more than one

 

LC003665 - Page 49 of 74

1

hundred dollars ($100);

2

      (13) Do all other things necessary to effectively cope with disasters in the state not

3

inconsistent with other provisions of law;

4

      (14) Adopt and enforce measures to provide for the safe disposal of infectious waste as

5

may be reasonable and necessary for emergency response due to a state disaster emergency. Such

6

measures may include, but are not limited to, the collection, storage, handling, destruction,

7

treatment, transportation, and disposal of infectious waste;

8

      (15) Adopt and enforce measures to provide for the safe disposal of corpses as may be

9

reasonable and necessary for emergency response due to a state disaster emergency. Such

10

measures may include, but are not limited to, the embalming, burial, cremation, interment,

11

disinterment, transportation, and disposal of corpses; and

12

      (16) Compel a person to submit to a physical examination and/or testing as necessary to

13

diagnose or treat the person. The medical examination and/or testing may be performed by any

14

qualified person authorized by the department of health and must not be reasonably likely to

15

result in serious harm to the affected individual. The medical examination and/or testing shall be

16

performed immediately upon the order of the department of health without resort to judicial or

17

quasi-judicial authority. If the department of health is uncertain whether a person who refuses to

18

undergo medical examination and/or testing may have been exposed to an infectious disease or

19

otherwise poses a danger to public health, the department of health may subject the individual to

20

isolation or quarantine, pursuant to § 23-8-4.

21

     30-15-12 Local emergency management. -- (a) Each city and town of the state shall

22

establish, through local ordinance, a comparable agency, headed by a director, similar to the

23

state-wide statewide disaster agency, with powers and duties within their respective jurisdictions

24

similar to those of the agency. This agency shall be known as the "(here insert the name of the

25

city or town) emergency management agency". Local agencies shall cooperate with and assist the

26

agency and shall perform such services as may be requested by it. Local agencies may act jointly

27

with other such agencies.

28

      (b) The chief executive officer of each city or town has powers and duties with respect to

29

emergency management within their his or her city or town similar to those of the governor on

30

the state level, not inconsistent with other provisions of law.

31

     30-15-15 Immunity from liability -- Compensation for death or injury of disaster

32

response workers. -- (a) All functions under this chapter, and all other activities relating to

33

disaster response, are hereby declared to be governmental functions. Neither the state, nor any

34

political subdivision thereof, nor other agencies of the state or political subdivision thereof, nor,

 

LC003665 - Page 50 of 74

1

except in cases in of willful misconduct, gross negligence, or nor bad faith, any disaster response

2

worker complying with, or reasonably attempting to comply with this chapter, or nor any order,

3

rule, or nor regulation promulgated pursuant to the provisions of this chapter, or pursuant to any

4

ordinance relating to precautionary measures enacted by any political subdivision of the state,

5

shall be liable for the death of, or injury to, persons, or nor for damage to property, as a result of

6

disaster response activity. The provisions of this section shall not affect the right of any person to

7

receive benefits to which he or she would otherwise be entitled under this chapter, or nor under

8

the Worker's Compensation Act, chapters 29 -- 38 of title 28, or nor under any pension law, nor

9

the right of any person to receive any benefits or compensation under any act of congress.

10

      (b) Any requirement for a licensee license to practice any professional, mechanical, or

11

other skill shall not apply to any authorized disaster response worker who shall, in the course of

12

performing his or her duties as such, practice any such professional, mechanical, or other skill

13

during a disaster emergency.

14

      (c) In the absence of any other benefits as provided by law, all disaster response workers

15

who shall be killed or sustain disability or injury while in training for or on disaster response duty

16

shall be construed to be employees of the state, any other provisions of the law to the contrary

17

notwithstanding, and shall be compensated in like manner as state employees are compensated

18

under the provisions of chapters 29 -- 38 of title 28.

19

      (d) As used in this section, the term "disaster response worker" shall include any full- or

20

part-time paid, volunteer, or auxiliary employee of this state, other states, territories, or

21

possessions, the District of Columbia, the federal government, any neighboring country, or any

22

political subdivision thereof, or any agency or organization, or any private person, firm, or

23

corporation performing disaster response services at any place in this state subject to the order or

24

control of, or pursuant to a request of, the state government or any political subdivision thereof.

25

     30-15-21 Penalties. -- Any person violating any provisions of this chapter or any rule,

26

order, or regulation promulgated pursuant to this chapter shall upon conviction thereof be

27

punishable by a fine not exceeding five hundred dollars ($500), or imprisonment for not

28

exceeding ninety (90) days, or both.

29

     30-15-41 Approval of emergency response plans for the transportation of liquefied

30

natural gas. -- (a) Findings. - The General Assembly general assembly hereby recognizes the

31

paramount importance of establishing an emergency response plan for the transportation of

32

liquefied natural gas within the state. The General Assembly general assembly hereby also

33

declares also that the establishment of the emergency response plan is in the interest of the public

34

health, safety, and welfare as a means to protect against the potential hazards presented by the

 

LC003665 - Page 51 of 74

1

transportation of liquefied natural gas.

2

      (b) No emergency response plan for the transportation of liquefied natural gas through

3

the waters of Narragansett Bay and/or Mount Hope Bay shall be issued or implemented by the

4

Rhode Island emergency management agency prior to the approval of the aforementioned

5

emergency response plan by the general assembly and the city or town councils of Bristol,

6

Jamestown, Middletown, Newport, Portsmouth, Tiverton, and Warren.

7

     SECTION 33. Section 30-15.4-1 of the General Laws in Chapter 30-15.4 entitled "Debris

8

and Wreckage Removal in Disasters" is hereby amended to read as follows:

9

     30-15.4-1 Authority of governor. -- Whenever the governor has declared a disaster

10

emergency to exist under the laws of this state, or the president of the United States, at the request

11

of the governor, has declared a major disaster or emergency to exist in this state, the governor is

12

authorized:

13

      (1) Notwithstanding any other provision of law, through the use of state departments or

14

agencies, or the use of any of the state's instrumentalities, to clear or remove from publicly or

15

privately owned land or water, debris and wreckage which that may threaten public health or

16

safety, or public or private property; and

17

      (2) To accept funds from the federal government and utilize those funds to make grants

18

to any local government for the purpose of removing debris or wreckage from publicly or

19

privately owned land or water.

20

     SECTION 34. Section 30-15.6-1 of the General Laws in Chapter 30-15.6 entitled

21

"Temporary Housing for Disaster Victims" is hereby amended to read as follows:

22

     30-15.6-1. Powers of governor. -- Whenever the governor has declared a disaster

23

emergency to exist under the laws of this state, or the president of the United States, at the request

24

of the governor, has declared a major disaster or emergency to exist in this state, the governor is

25

authorized:

26

      (1) To enter into purchase, lease, or other arrangements with any agency of the United

27

States for temporary housing units to be occupied by disaster victims and to make these units

28

available to any political subdivision of the state;

29

      (2) To assist any political subdivision of this state which that is the locus of temporary

30

housing for disaster victims, to acquire sites necessary for temporary housing, and to do all things

31

required to prepare the site to receive and utilize temporary housing units, by:

32

      (i) Advancing or lending funds available to the governor from any appropriation made

33

by the general assembly or from any other source;

34

      (ii) "Passing through" funds made available by any agency, public or private; or

 

LC003665 - Page 52 of 74

1

      (iii) Becoming a co-partner with the political subdivision for the execution and

2

performance of any temporary housing for disaster victims project and, for those purposes, to

3

pledge the credit of the state on such terms as the governor deems appropriate, having due regard

4

for current debt transactions of the state; and

5

      (3) Under such regulations as the governor shall prescribe, to temporarily suspend or

6

modify, for a period not to exceed sixty (60) days, any public health, safety, zoning,

7

transportation (within or across the state), or other requirement of law or regulation within this

8

state when by proclamation, the governor deems the suspension or modification essential to

9

provide temporary housing for disaster victims.

10

     SECTION 35. Section 30-17.1-7 of the General Laws in Chapter 30-17.1 entitled

11

"Veterans' Affairs" is hereby amended to read as follows:

12

     30-17.1-7 Annual report to general assembly. -- The director of human services shall

13

report annually, no later than January 31 of each year, to the governor, speaker of the house of

14

representatives, the senate president, and house and senate finance committees, setting forth, in

15

detail, the condition of the veterans' home, any veterans' cemetery, authorized and established by

16

the general assembly, and in general, the character of the work of veterans' affairs;, and shall

17

render in the report a faithful account of all moneys received and expended by the director of

18

human services and by the division of veterans' services in the execution of the provisions of this

19

chapter and chapter 24 of this title, excepting the names of persons to whom they have furnished

20

assistance which shall be omitted.

21

     SECTION 36. Section 30-19-5 of the General Laws in Chapter 30-19 entitled "Capacity

22

of Minor Veterans" is hereby amended to read as follows:

23

     30-19-5 Powers of minor spouse. -- Any minor spouse of any person who under the

24

provisions of federal law is eligible for housing loans and whether or not under guardianship by

25

reason of minority, may, with the same force, effect, and validity as if he or she were eighteen

26

(18) years of age with full legal capacity do all that a minor veteran is empowered to do under §§

27

30-19-1 -- 30-19-3, and without limiting the generality of the foregoing, join with the minor

28

veteran in the execution and delivery of any mortgage or other instrument which that may be

29

requisite, necessary, desirable, or incidental to the obtaining of any loan guaranteed, in part or in

30

full, under the provisions of federal law, or to the obtaining of any loan, guaranty, or other benefit

31

thereunder, and, in that mortgage or other instrument, may release curtesy or dower in any

32

property described in the mortgage or other instrument.

33

     SECTION 37. Sections 30-21-9 and 30-21-13 of the General Laws in Chapter 30-21

34

entitled "Food And Drugs" are hereby amended to read as follows:

 

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1

     30-21-9 Custodial service in public buildings. -- (a) All vacancies which that may

2

occur in the employment of janitors, elevator operators, caretakers, or any positions in the

3

custodian service in any building owned or maintained by this state or any department of this

4

state shall be filled in the following order of preference:

5

      (1) By war veterans having a service connected disability, whose disability does not in

6

fact handicap them in qualifying for a particular position;

7

      (2) By war veterans having a nonservice connected disability, whose disability does not

8

in fact handicap them in qualifying for a particular position; and

9

      (3) By war veterans with no disability.

10

      (b) This section shall apply to persons who served in the armed forces of the United

11

States during world war World War I or the Spanish-American war. War.

12

     30-21-13 Extension of credits, benefits, and privileges. -- All credits, benefits, and

13

privileges, excepting bonuses, granted and bestowed as of December 7, 1941 by the state upon

14

men or women in the armed forces, shall be extended to include those veterans of the desert

15

storm conflict Desert Storm conflict, beginning August 2, 1990, and continuing to the present,

16

honorably discharged from active duty.

17

     SECTION 38. Sections 30-22-1, 30-22-2, 30-22-3, and 30-22-6 of the General Laws in

18

Chapter 30-22 entitled "Extension of Veterans' Benefits" are hereby amended to read as follows:

19

     30-22-1 World War II veterans. -- The provisions of all of the statutes of this state

20

granting benefits or privileges to veterans of any war in which the United States of America has

21

heretofore been engaged, or to the widow or widower or domestic partner or other surviving kin

22

of deceased veterans of that war, shall hereafter be construed to provide for like benefits and

23

privileges for any veteran of World War II who has heretofore been, or may hereafter be,

24

honorably discharged from the armed forces of this nation, and to the widow or widower or

25

domestic partner or other surviving kin of any such deceased veteran of that said war.

26

     30-22-2 Merchant marine. -- (a) All credits, benefits, and privileges, excepting bonuses,

27

granted and bestowed as of December 7, 1941 by the state upon men and women in the armed

28

forces of the United States of America and then enjoyed by those armed forces, shall be extended

29

to include members of the American merchant marine service, who, at the date of enlistment,

30

were legal residents of the state; provided, however, that those members of the American

31

merchant marine service shall have been in service for at least six (6) months, but in the event

32

any member shall meet death before the expiration of that six (6) months of service, he or she

33

shall receive all credits, benefits, and privileges to which he or she would have been entitled by

34

this section had death not intervened in that six-months' service.

 

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1

      (b) All eligible members under this section shall file with the department of veterans

2

affairs for a discharge certificate on forms provided by the department of veterans affairs for that

3

purpose.

4

     30-22-3 Veterans of undeclared wars or campaigns. -- The provisions of all of the

5

statutes of this state granting benefits, privileges, or bonuses to veterans of any war in which the

6

United States of America has heretofore been engaged, or to the widow or widower or domestic

7

partner or other surviving kin of deceased veterans of that war, shall hereafter be construed to

8

provide for like benefits, privileges and bonuses for any man or woman of the armed forces who

9

has been engaged heretofore, is now, or may hereafter be engaged in the active conduct of and/or

10

fighting in the Korean campaign Campaign or the conflict in Viet Nam Vietnam or any

11

following campaign or war, declared or undeclared, which the armed forces of the United States

12

of America conduct or in which those forces have a part, and who, having been actively engaged

13

as hereinbefore described, has heretofore been, or may hereafter be, honorably discharged from

14

the armed forces of this nation, and to the widow or widower or domestic partner or other

15

surviving kin of any such deceased veteran of that campaign or war.

16

     30-22-6 Domestic partner defined. -- For purposes of this chapter, "domestic partner"

17

shall be defined as a person who, prior to the decedent's death, was in an exclusive, intimate, and

18

committed relationship with the decedent, and who certifies, by affidavit, that their relationship

19

met the following qualifications:

20

      (1) Both partners were at least eighteen (18) years of age and were mentally competent

21

to contract;

22

      (2) Neither partner was married to anyone else;

23

      (3) Partners were not related by blood to a degree which that would prohibit marriage in

24

the state of Rhode Island;

25

      (4) Partners resided together and had resided together for at least one year at the time of

26

death; and

27

      (5) Partners were financially interdependent as evidenced by at least two (2) of the

28

following:

29

      (i) Domestic partnership agreement or relationship contract;

30

      (ii) Joint mortgage or joint ownership of primary residence;

31

      (iii) Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C)

32

joint credit account; (D) joint lease; and/or

33

      (iv) The domestic partner had been designated as a beneficiary for the decedent's will,

34

retirement contract, or life insurance.

 

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1

     SECTION 39. Sections 30-23-3 and 30-23-4 of the General Laws in Chapter 30-23

2

entitled "Health and Safety" are hereby amended to read as follows:

3

     30-23-3 Composition and purpose of local committees. -- Each local veterans'

4

retraining and reemployment committee, hereinafter referred to as the local committee”, shall be

5

fully representative of all federal, state, and local agencies serving veterans in the community,

6

and of all community groups and institutions therein which that are interested in, and can

7

contribute to, the program for providing the veteran with one place in the locality where he or she

8

can go in dignity for full information and adequate counsel and assistance in solving his or her

9

problems.

10

     30-23-4 Organization of local committees. -- The local committee shall elect a

11

chairman chairperson and such other officers as it may determine and may appoint an executive

12

committee and subcommittees and define the duties of its officers and committees. The local

13

committee may employ an executive secretary and clerical and other assistance within the

14

amounts of appropriations available therefor. The officers and committees of the local committee

15

shall serve at the pleasure of the local committee.

16

     SECTION 40. Sections 30-24-2 and 30-24-9 of the General Laws in Chapter 30-24

17

entitled "Rhode Island Veterans' Home" are hereby amended to read as follows:

18

     30-24-2 By-laws Bylaws and regulations -- Supervision by director. -- (a) The director

19

of human services, or his or her designee, shall have the general supervision over, and shall

20

prescribe rules for, the government and management of the Rhode Island veterans' home. He or

21

she shall make all needful by-laws bylaws and regulations governing the admission,

22

maintenance, and discharge of the residents of the home, which shall not be inconsistent with the

23

spirit and intent of this chapter, and generally may do all things necessary to successfully carry

24

into effect the purposes of this chapter.

25

      (b) The director shall appoint and employ all subordinate officials and persons needed

26

for the proper management of the home.

27

     30-24-9 Property of deceased residents. -- All goods, chattels, property, money, and

28

effects of a deceased resident of the Rhode Island veterans' home, which have not been disposed

29

of by him or her by a completed inter vivos conveyance or gift, or by a valid will, after payment

30

therefrom of the funeral expenses, which shall not exceed five thousand dollars ($5,000), and

31

after payment therefrom of the reasonable debts and expenses of the deceased resident to be

32

determined by rules and regulations as shall be adopted by the director, shall upon his or her

33

decease become the property of the state, and shall be applied by the director of human services,

34

or his or her designee, to the uses and purposes of the veterans' restricted account; provided,

 

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1

however, that the director may, in his or her discretion, deliver to any surviving relative of the

2

deceased resident any of the property or effects as may serve as a memento of the deceased

3

resident. For purposes of this section, the provisions of chapter 24 of title 33 shall be applicable.

4

     SECTION 41. Sections 30-25-13 and 30-25-14 of the General Laws in Chapter 30-25

5

entitled "Burial of Veterans" are hereby amended to read as follows:

6

     30-25-13 Acceptance and administration of gifts. -- The director of human services

7

may accept in the name of the state, and may administer, any devise, bequest, or gift which that

8

is to be expended for the general purposes of this chapter. All sums received by devise, bequest,

9

or gift from any person or corporation shall be deposited with the general treasurer, and by him or

10

her kept in a special fund, to be known as "the veterans' cemetery fund", and held subject to the

11

order of the director.

12

     30-25-14 Rhode Island veterans' memorial cemetery. -- The Rhode Island veterans'

13

memorial cemetery, located on the grounds of the Joseph H. Ladd school in the town of Exeter,

14

shall be under the management and control of the director of the department of human services.

15

The director of the department of human services shall appoint an administrator for the Rhode

16

Island veterans' memorial cemetery who shall be an honorably discharged veteran of the United

17

States Armed Forces and shall have the general supervision over, and shall prescribe rules for, the

18

government and management of the cemetery. He or she shall make all needful rules and

19

regulations governing the operation of the cemetery and generally may do all things necessary to

20

insure ensure the successful operation thereof. The director shall promulgate rules and

21

regulations, not inconsistant with the provisions of 38 USCS section 2402, to govern the

22

eligibility for burial in the Rhode Island veterans' memorial cemetery. In addition to all persons

23

eligible for burial pursuant to rules and regulations established by the director, any person who

24

served in the army, navy, air force, or marine corps of the United States for a period of not less

25

than two (2) years and whose service was terminated honorably, shall be eligible for burial in the

26

Rhode Island veterans' memorial cemetery. The director shall appoint and employ all subordinate

27

officials and persons needed for the proper management of the cemetery. National Guard

28

members who are killed in the line of duty or who are honorably discharged after completion of

29

at least twenty (20) years' of service in the Rhode Island National Guard national guard and

30

their spouse shall be eligible for internment in the Rhode Island Veterans' Memorial Cemetery.

31

For the purpose of computing service under this section, honorable service in the active forces or

32

reserves shall be considered toward the twenty (20) years of National Guard national guard

33

service. The general assembly shall make an annual appropriation to the department of human

34

services to provide for the operation and maintenance for the cemetery. The director shall charge

 

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1

and collect a grave liner fee per interment of the eligible spouse and/or eligible dependents of the

2

qualified veteran equal to the Department's department’s cost for the grave liner.

3

     SECTION 42. Section 30-28-11 of the General Laws in Chapter 30-28 entitled

4

"Monuments and Memorials" is hereby amended to read as follows:

5

     30-28-11 Monument to veterans of Vietnam, Cambodia, and Laos. -- (a) The general

6

assembly shall appropriate a sum of five thousand dollars ($5,000) for the construction of a

7

monument which that shall be dedicated to the men and women from this state who served in the

8

armed forces in Vietnam, Cambodia, and Laos. The monument shall be located in the pond at the

9

water place site in the capital center in Providence. The general assembly shall also appropriate

10

such a sum as it may deem necessary for the care and maintenance of the monument, and the state

11

controller is hereby authorized and directed to draw his or her orders upon the general treasurer,

12

from time to time, for the payment of the cost of construction and maintenance of the monument

13

upon the receipt by him or her of proper vouchers approved by the adjutant general.

14

      (b) The POW-MIA flag, which is also the official flag of the national league of families

15

of American prisoners and missing in southeast National League of Families of American

16

Prisoners and Missing in Southeast Asia, shall be flown over the monument until such time as all

17

prisoners and missing in southeast Asia are accounted for.

18

     SECTION 43. Section 30-30-1 of the General Laws in Chapter 30-30 entitled "Benefits

19

for Dependents of Deceased Veterans, P.O.W.S., and M.I.A.S" is hereby amended to read as

20

follows:

21

     30-30-1 Appropriations -- Purposes. -- The general assembly shall annually appropriate

22

such a sum as may be necessary, out of any money in the treasury not otherwise appropriated, for

23

the purpose of creating and maintaining a "dependents' education fund" from which shall be paid

24

in whole or in part the charges for the tuition and books of such of the sons, daughters, and

25

surviving spouses of veterans who died as the result of hostile action or a service-connected

26

disability arising out of active service in the armed forces, or who died from any cause while such

27

a disability was in existence, or of those who are serving in the far east and had a legal residence

28

in this state at the time they were commissioned, warranted, enlisted, or inducted into the military

29

or naval service of the United States and were either missing in action or are prisoners of war,

30

provided that the next of kin has not been advised by the armed forces that the serviceperson has

31

been released or is no longer classified as missing in action. The benefits shall be extended to

32

dependents who are attending, or may attend, the university of Rhode Island, the Rhode Island

33

college, or any institution of higher education or technical/professional learning; the learning.

34

The maximum aid granted shall not exceed the in-state tuition cost plus average cost of books of

 

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1

attending the university of Rhode Island in that year, the costs to be yearly certified by the board

2

of governors of higher education Board of Education to the administering agency; provided,

3

any child dependent shall enter the institution while between the ages of sixteen (16) and twenty-

4

six (26); and provided, further, that the aid herein granted shall be available to that child for such

5

period of time as shall equal the normal time for completing the courses regularly offered by the

6

institution, but in no case more than four (4) years; and provided, further, that this chapter shall

7

apply also to the children of those who are serving in the far east, but did not have legal residence

8

in this state at the time those persons were commissioned, warranted, enlisted, or inducted into

9

the military or naval service of the United States; provided that those children have resided in this

10

state continuously for five (5) years and are otherwise eligible, upon the presentation to the proper

11

administering authority of sufficient evidence that the parent qualifies the child to receive the

12

benefits under this section; and provided, further, that, as to surviving spouses, the benefits must

13

be utilized within a period of ten (10) years from the date eligibility is found or from the date of

14

death of the spouse from whom eligibility is derived.

15

     SECTION 44. Sections 30-30.2-2 and 30-30.2-3 of the General Laws in Chapter 30-30.2

16

entitled "Educational Assistance For Combat Veterans" are hereby amended to read as follows:

17

     30-30.2-2 Statement of purpose. -- It is hereby found and declared as follows: (1) The

18

fundamental freedoms enjoyed by all citizens of our state and these United States are insured

19

ensured in no small part through the honorable service of our nation's military veterans;

20

      (2) The people of the state have a deep debt of gratitude for the sacrifices made by these

21

men and women who, as combat veterans, placed their lives in harm's way to protect and defend

22

our nation from all foreign enemies and terrorist threats; and

23

      (3) These men and women should be allowed to resume their education, receive

24

academic credit commensurate with their military training and experience, graduate, and

25

ultimately obtain meaningful civilian employment upon their return to Rhode Island without

26

delay.

27

     30-30.2-3 Academic credit for military training and coursework. -- The state board of

28

education shall ensure:

29

      (1) Enrolled students are awarded education credits based upon their military training or

30

service when academically appropriate; and

31

      (2) Establishment of a preferential class registration process for all state institutions,

32

which that shall be reviewed and approved by the board of education to allow combat veterans to

33

register first for all classes at any state-run institution of higher education. In developing rules and

34

regulations, the office of the commissioner of higher education, in consultation with the adjutant

 

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1

general of the Rhode Island national guard, shall determine individual preference ranking among

2

combat veterans, including, but not limited to, the number of combat tours served, service

3

awards, and any other such criteria deemed appropriate by the adjutant general.

4

     SECTION 45. Section 30-33-5 of the General Laws in Chapter 30-33 entitled "The

5

Rhode Island Military Family Relief Act" is hereby amended to read as follows:

6

     30-33-5 Prohibited actions. -- (a) An employer shall not interfere with, restrain, or deny

7

the exercise or the attempt to exercise any right provided under this act.

8

      (b) An employer shall not discharge, fine, suspend, expel, discipline, or in any other

9

manner discriminate against any employee that who exercises any right provided under this act.

10

      (c) An employer shall not discharge, fine, suspend, expel, or discipline, or in any other

11

manner discriminate against any employee for opposing any practice made unlawful under this

12

act.

13

     SECTION 46. Sections 32-1-3, 32-1-13, and 32-1-15 of the General Laws in Chapter 32-

14

1 entitled "General Provisions" are hereby amended to read as follows:

15

     32-1-3 Acquisition of land – Riparian rights – Control of land use. – To more

16

effectually carry out the purposes of this chapter and chapter 2 of this title, the department of the

17

environment environmental managment may acquire by purchase, gift, devise, or

18

condemnation, lands, easements, rights, and interests in land for a park, recreation ground, or

19

bathing beach in any part of the state, whether that property is situate situated in the cities or

20

towns in which its powers may be exercised under the provisions of § 32-2-1, or is situate in any

21

other city or town; provided, that all property other than tide-flowed lands acquired by

22

condemnation shall remain subject to all rights of riparian proprietors on any waters bordering

23

upon the property, that no riparian rights shall be taken, destroyed, impaired, or affected by the

24

condemnation, that all riparian proprietors shall have the right to continue to maintain, repair, or

25

reconstruct dams and their appurtenances now existing on the waters bordering upon that

26

property and for this purpose to enter upon that property, restoring it after repair or reconstruction

27

to its previous condition as nearly as may be, and shall continue to enjoy the same rights of

28

flowage with respect to that property which that the riparian proprietors have heretofore used and

29

enjoyed. Subject to the foregoing provisions of this section, the department may use, or permit the

30

use, of property, acquired by it under the provisions of this section and the waters bordering

31

thereon, for bathing, boating, fishing, and skating, and shall have the same authority, supervision,

32

and control over that property as it has over other property acquired by the department under

33

other provisions of this chapter or any other law.

34

     32-1-13 Authority to obtain federal assistance. – The director is authorized for and on

 

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1

behalf of the state, with the approval of the governor, to apply for and accept from the federal

2

government or any department or agency thereof assistance which that may become available for

3

the purposes of §§ 32-1-11 – 32-1-13, whether it be in the form of a loan or grant or otherwise,;

4

to accept the provisions of any federal legislation or regulations therefor,; to enter into contracts

5

in connection therewith,; and to act as agent for the federal government in connection therewith

6

or to designate a subordinate so to act. To obtain federal assistance, the director is authorized to

7

comply with any federal law, rules, and regulations thereunder, and to meet such federal

8

requirements as may be made conditions precedent to receiving federal assistance.

9

     32-1-15 Local permission to use state parks. – Any person, firm, or corporation

10

requesting use of a state park for concerts, shows, exhibitions, or other similar gatherings shall

11

first obtain the written permission to use the park from the licensing authority of the town or city

12

where said park is located. The department of environmental management shall not permit the use

13

of a park without the written permission required by this section, provided, however, that any

14

person, firm, or corporation who or that is denied written permission to use the park from the

15

licensing authority of the town or city where the park is located shall have the right to an

16

immediate appeal to the department of environmental management for a hearing on the propriety

17

of the denial of that written permission. The hearing shall be de novo and written notice of the

18

appeal shall be given to the licensing authority of the city or town involved at the same time the

19

written notice of appeal is given to the department of environmental management. The

20

Aadministrative Pprocedures Aact, chapter 35 of title 42, shall apply to all appeals.

21

     SECTION 47. Sections 32-3-3 and 32-3-10 of the General Laws in Chapter 32-3 entitled

22

"Town Forests, Parks, and Recreation Systems" are hereby amended to read as follows:

23

     32-3-3 Powers of agency in charge of system. -- The board or committee that may be

24

authorized pursuant to § 32-3-2 to exercise those powers stated therein may conduct its activities

25

on land and in buildings, adapted or adaptable for those purposes, owned by the city or town, with

26

the consent of the committee or board in control of that property, or on land or in buildings that

27

may hereafter be acquired for those purposes by gift, purchase, or lease; and may also in its

28

discretion take charge of and use any place or places which that any person or persons may offer

29

the use of for purposes herein enumerated. The board or committee may employ a superintendent

30

of recreation, teachers, and other officers and may fix their compensation. The board or

31

committee may authorize the use of such property as may be under its control for any other

32

municipal purpose, or by any person, society, or other organization for such other public,

33

recreational, social, or educational purposes as the board or committee may deem proper.

34

     32-3-10 Supervision of parks and forests -- Plans and recommendations. -- A town

 

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1

forest and park commission shall have supervision and control of all the forests acquired by that

2

town under the provisions of § 32-3-8, or which may be otherwise acquired, and of the public

3

parks of that town. The commission shall, from time to time, make such recommendations and

4

submit such plans to the town council of the town as to the commission shall seem deem proper

5

relative to the improvement and beautifying of the public parks and places in the town, to the

6

preservation of objects and places of especial interest therein, whether owing to their natural

7

attractiveness, their historical associations, or otherwise, and relative to the general development

8

and enhancement of the natural beauties of the town, its surroundings and approaches, and shall

9

annually make a written report of its administration to the financial town meeting.

10

     SECTION 48. Sections 32-4-4, 32-4-5, 32-4-9, and 32-4-11 of the General Laws in

11

Chapter 32-4 entitled "Green Acres Land Acquisition" are hereby amended to read as follows:

12

     32-4-4 Application of funds. – (a) The director shall use the sum appropriated by this

13

chapter, and such other sums as may be appropriated or as may otherwise be available from time

14

to time, for the purposes herein set forth, to acquire lands for recreation and conservation

15

purposes and to make grants to assist local units to acquire lands for those purposes, subject to the

16

conditions and limitations prescribed by this chapter.

17

      (b) The director is authorized for and on behalf of the state, with the approval of the

18

governor, to apply for, and accept from, the federal government or any department or agency

19

thereof assistance which that may become available for the purposes of this chapter, whether it

20

be in the form of a loan or grant or otherwise,; to accept the provisions of any federal legislation

21

or regulations therefor,; to enter into contracts in connection therewith,; and to act as agent for the

22

federal government in connection therewith or to designate a subordinate so to act. To obtain

23

federal assistance, the director is authorized to comply with any federal law, or rules and

24

regulations thereunder, and to meet such federal requirements as may be made conditions

25

precedent to receiving federal assistance.

26

     32-4-5 Duties of director. – In acquiring lands and making grants to assist local units to

27

acquire lands, the director shall:

28

      (1) Seek to achieve a reasonable balance among all areas of the state in consideration of

29

the relative adequacy of area recreation and conservation facilities at the time and the relative

30

anticipated future needs for additional recreation and conservation facilities;

31

      (2) Give due consideration to the special park requirement needs of urban areas;

32

      (3) Give due consideration to acquiring unusual or unique natural areas;

33

      (4) Insofar as practicable, and except as provided in subdivision (3) of this section, limit

34

acquisition to predominately open and natural land in order to minimize the cost of acquisition

 

LC003665 - Page 62 of 74

1

and the expense of rendering land suitable for recreation and conservation purposes;

2

      (5) Wherever possible, select land for acquisition which that is suitable for multiple

3

recreation and conservation purposes and contains an area sufficiently large to make practical its

4

use for those purposes;

5

      (6) Give due consideration to coordination with the plans of other departments of state

6

government with respect to land use or acquisition. For this purpose, the director is authorized to

7

use the facilities of the department of economic development and any agency, commission, or

8

interdepartmental committee; and

9

      (7) Encourage contiguous local units to develop joint plans with respect to land use or

10

acquisition for recreation and conservation purposes.

11

     32-4-9 State grants – Application. – A state grant to assist a local unit to acquire lands

12

for recreation and conservation purposes shall not be made under this chapter until:

13

      (1) The local unit has applied to the director on forms prescribed by the director:

14

      (i) Describing the lands for the acquisition of which the grant is sought;

15

      (ii) Stating the recreation and/or conservation purpose or purposes to which the lands

16

will be devoted, and the facts which that give rise to the need for the lands for that purpose;

17

      (iii) Setting forth a comprehensive plan for the development of the lands approved by

18

the governing body of the local unit; and

19

      (iv) Stating such other matters as the director shall prescribe;

20

      (2) The director shall have prescribed the terms and conditions under which the grant

21

applied for will be made; and

22

      (3) The local unit shall have filed with the director its acceptance of the terms and

23

conditions, and has otherwise complied with the provisions of this chapter.

24

     32-4-11 Percentage of state grants. – Grants under this chapter shall be made by the

25

director. In the case of a single, local unit, the grant shall be in an amount equal to fifty percent

26

(50%) of the nonfederal share of the cost of the lands, and in the case of two (2) or more

27

contiguous local units which that shall join together to present a joint comprehensive plan for the

28

development of those units approved by their respective governing bodies, the grant shall be in an

29

amount equal to seventy-five percent (75%) of the nonfederal share of the cost of the lands.

30

     SECTION 49. Sections 32-6-4, 32-6-5, and 32-6-6 of the General Laws in Chapter 32-6

31

entitled "Public Use of Private Lands-Liability Limitations" are hereby amended to read as

32

follows:

33

     32-6-4 Land leased to state. – Unless otherwise agreed in writing, the provisions of §

34

32-6-3 and this section shall be deemed applicable to the duties and liability of an owner of land

 

LC003665 - Page 63 of 74

1

leased to the state or any subdivision or agency thereof or land which that the state or any

2

subdivision or agency thereof possesses an easement for recreational purposes.

3

     32-6-5 Limitation on chapter. – (a) Nothing in this chapter limits in any way any

4

liability which that, but for this chapter, otherwise exists:

5

      (1) For the willful or malicious failure to guard or warn against a dangerous condition,

6

use, structure, or activity after discovering the user's peril; or

7

      (2) For any injury suffered in any case where the owner of land charges the person or

8

persons who enter or go on the land for the recreational use thereof, except that in the case of land

9

leased to the state or a subdivision thereof, any consideration received by the owner for that lease

10

shall not be deemed a "charge" within the meaning of this section.

11

      (b) When the coastal resources management council designates a right-of-way as part of

12

its designation process as specified in § 46-23-6(5), or when the coastal resources management

13

council stipulates public access as a condition of granting a permit, the landowner automatically

14

will have "limited liability" as defined in this chapter, except as specifically recognized by or

15

provided in this section.

16

     32-6-6 Construction of chapter. – Nothing in this chapter shall be construed to:

17

      (1) Create a duty of care or ground of liability for an injury to persons or property;

18

      (2) Relieve any person using the land of another for recreational purposes from any

19

obligation which that he or she may have in the absence of this chapter to exercise care in his or

20

her use of that land and in his or her activities thereon, or from the legal consequences of the

21

failure to employ that care; or

22

      (3) Create a public or prescriptive right or easement running with the land.

23

     SECTION 50. Sections 32-7-7, 32-7-8, 32-7-9, 32-7-11, 32-7-13, and 32-7-14 of the

24

General Laws in Chapter 32-7 entitled "Recreational Vehicle Parks and Campgrounds Act" are

25

hereby amended to read as follows:

26

     32-7-7 Definitions. – The following definitions are adopted for purposes of this chapter

27

and for use by state and local agencies. In addition to standards established by local codes and

28

other laws of the state of Rhode Island and standards adopted by reference, the following

29

definitions shall apply to recreational vehicle parks and campgrounds. Where differences occur

30

between state and local definitions, this chapter shall govern:

31

      (1) Accessory structure: - A portable, deck-like structure, not attached to the camping

32

unit (see "add-on structure"), not to exceed four hundred (400) square feet in area, set on

33

movable, above-ground supports such as concrete blocks, and containing no plumbing or

34

electrical fixtures.

 

LC003665 - Page 64 of 74

1

      (2) Accessory cabana: - A portable room enclosure.

2

      (3) Accessory storage: - A structure located on a camping unit site that is designed and

3

used solely for the storage and use of personal equipment and possessions of the recreational

4

vehicle user or camper and may include storage buildings and greenhouses not exceeding one

5

hundred twenty (120) square feet of floor area.

6

      (4) Accessory uses: - Offices, employee or operator living units, recreational facilities,

7

grocery stores, convenience stores, gift shops, service buildings, rest rooms, dumping stations,

8

showers, laundry facilities, storage units, and other uses and structures customarily a part of the

9

recreational vehicle park or campground operation.

10

      (5) Add-on structures: - Nonpermanent structures attached to the principal camping unit

11

that provide additional space or service.

12

      (6) Approved: - Acceptable by the "authority having jurisdiction".

13

      (7) ARVC: - National Association of RV Parks and Campgrounds (ARVC). The national

14

trade organization representing the outdoor hospitality industry.

15

      (8) Authority having jurisdiction: - The "authority having jurisdiction" is the

16

organization, office or individual responsible for approving equipment, equipment installation,

17

permits, or procedures.

18

      (9) Awning: - A shade structure supported by posts or columns and partially supported

19

by the camping unit.

20

      (10) Cabin/camping: - A hard-sided tent or shelter less than four hundred (400) square

21

feet in area that is on skid and/or wheels designed to facilitate relocation.

22

      (11) Cabin/housekeeping: - A rustic cabin providing guests with full-serviced amenities

23

as an alternative to other forms of rental lodging.

24

      (12) Campers: - A person or persons participating in recreational vehicle use or camping.

25

      (13) Camping unit: - A portable structure, shelter, or vehicle designed and intended for

26

occupancy by persons engaged in recreational vehicle use or camping. The basic units include:

27

recreational vehicles, camping cabins, housekeeping cabins, tents, teepees, yurts, and other rental

28

accommodations for enjoyment of the outdoor experience.

29

      (14) Camping unit seal: - A camping unit meeting the criteria set forth in either RVIA or

30

RPTIA guidelines.

31

      (15) Camping unit separation: - The minimum distance between a camping unit,

32

including its add-on structures, and an adjacent camping unit and its add-on structures.

33

      (16) Camping unit site: - A specific area within a recreational vehicle park or

34

campground that is set aside for a camping unit.

 

LC003665 - Page 65 of 74

1

      (17) Campground: - Any parcel or tract of land under the control of any person or

2

organization, wherein two (2) or more camping unit sites are offered to the public or members of

3

an organization for rent or lease. Campgrounds may or may not be designed to accommodate

4

recreational vehicles.

5

      (i) Primitive: - A campground where no facilities are provided for the comfort or

6

convenience of campers.

7

      (ii) Semi-primitive: - A campground where rudimentary facilities (privies and/or

8

fireplaces) may be provided for the comfort and convenience of campers.

9

      (iii) Developed: - A campground, accessible by vehicular traffic, where sites are

10

substantially developed; two (2) or more utilities, e.g.; sewer, water, electricity, etc., are provided;

11

and refuse disposal and restrooms are available.

12

      (18) Day use: - Daytime activities within a recreational vehicle park or campground for

13

less than a twelve (12) hour twelve-hour (12) period. (See also "Site night").

14

      (19) Density: - The number of camping unit sites on a unit of land area.

15

      (20) Greenbelt: - A strip of land, containing landscape or other aesthetic site-obscuring

16

features, intended to buffer potentially incompatible uses. Greenbelts may include utilities and

17

other underground facilities but not camping units.

18

      (21) Guest: - An invited visitor to a recreational vehicle park or campground.

19

      (22) Gray Water: - Discharge from fixtures, appliances, or appurtenances, in connection

20

with a plumbing system which that does not receive any fecal matter.

21

      (23) Minimum parcel size: - The minimum land area required to accommodate a

22

recreational vehicle park or campground.

23

      (24) Occupancy: - The presence of guest(s) in a camping unit for a site night where rent

24

is received.

25

      (25) Operator: - The owner of a recreational vehicle park or campground or his or her

26

designee.

27

      (26) Owner: - The owner of a recreational vehicle park or campground or his or her

28

designee.

29

      (27) Person: - Any individual, partnership, firm, company, corporation, trustee,

30

association, or any public or private entity.

31

      (28) Planning commission: - The advisory body of a local jurisdiction that has authority

32

to advise elected decision makers of a jurisdiction on land use land-use permits for recreational

33

vehicle parks or campgrounds.

34

      (29) Public water supply: - A municipal, community, or privately owned water supply

 

LC003665 - Page 66 of 74

1

system designed to distribute water to guests within a defined geographical area.

2

      (30) Recreation area: - A specific area of land, water, or a combination of land and

3

water, located within a recreational vehicle park or campground, and designed and intended for

4

the use or enjoyment of guests of the recreational vehicle park or campground.

5

      (31) Recreational vehicle: - A vehicular type vehicular-type camping unit, not

6

exceeding four hundred (400) square feet in area, certified by the manufacturer as complying with

7

ANSI A119.2 or A119.5, and designed primarily as temporary living quarters for recreation that

8

has either its own motive power or is mounted on or towed by another vehicle. The basic units

9

are: camping trailers, fifth wheel fifth-wheel trailers, motor homes, park trailers, travel trailers,

10

and truck campers.

11

      (i) Camping trailer: - A recreational vehicle, not exceeding four hundred (400) square

12

feet in area, that is mounted on wheels and constructed with collapsible partial side walls that fold

13

for towing by another vehicle and unfold for use.

14

      (ii) Fifth wheel trailer: - A recreational vehicle, not exceeding four hundred (400) square

15

feet in area, designed to be towed by a motorized vehicle that contains a towing mechanism that

16

is mounted above or forward of the tow vehicle's rear axle.

17

      (iii) Motor Home: - A recreational vehicle, not exceeding four hundred (400) square feet

18

in area, built on or permanently attached to a self-propelled motor vehicle chassis cab or van that

19

is an integral part of the completed vehicle.

20

      (iv) Park trailer: - A recreational vehicle that meets the following criteria:

21

      (A) Built on a single chassis mounted on wheels; and

22

      (B) Certified by the manufacturer as complying with ANSI A119.5.

23

      (v) Travel trailer: - A recreational vehicle, not exceeding four hundred (400) square feet

24

in area, designed to be towed by a motorized vehicle containing a towing mechanism that is

25

mounted behind the tow vehicle's bumper.

26

      (vi) Truck camper: - A recreational vehicle consisting of a roof, floor, and sides designed

27

to be loaded onto and unloaded from the back of a pickup truck.

28

      (32) Recreational vehicle/dependent: - A recreational vehicle not containing sanitary

29

facilities and/or devices for connecting such facilities to a community waste disposal system.

30

      (33) Recreational vehicle/independent: - A recreational vehicle containing sanitary

31

facilities and devices for connecting such facilities to a community waste disposal system. This

32

type of recreational vehicle is also referred to as a self-contained, recreational vehicle.

33

      (34) Recreational vehicle/gross trailer area: - The total plan area of the recreational

34

vehicle, not to exceed four hundred (400) square feet (HUD Interpretive Bulletin 3282.8). Storage

 

LC003665 - Page 67 of 74

1

lofts contained within the basic unit that have ceiling heights less than five (5) feet at the peak of

2

the roof do not constitute additional square footage.

3

      (35) Recreational vehicle park: - Any parcel or tract of land under the control of any

4

person or organization, wherein two (2) or more camping unit sites are offered to the public or

5

members of an organization for rent or lease, including park-owned recreational vehicles held out

6

for rent. Recreational vehicle parks are designed primarily to accommodate recreational vehicles

7

(See also "Campground").

8

      (i) Ownership/membership and specialty: - A recreational vehicle park or campground

9

that is opened to members or owners only, or where the sites are individually owned. This

10

category also includes recreational vehicle parks or campgrounds that are owned by, or cater to,

11

specific audiences such as religious groups, square dancers, and clothing optional clubs.

12

      (ii) Destination: - A recreational vehicle park or campground containing facilities (e.g.,

13

swimming pools, restaurants, golf courses, formal recreational programs, etc.) and catering to

14

recreational vehicle users or campers who typically travel extended distances to stay for extended

15

periods.

16

      (iii) Extended stay: - A recreational vehicle park or campground that provides extended

17

stay, full-time, and seasonal accommodations, rather than short-term accommodations.

18

      (iv) Senior adult: - A recreational vehicle park or campground for the exclusive use of

19

senior individuals, fifty-five (55) years of age or older, that complies with the U.S. Department of

20

Housing and Urban Development Fair Housing Act.

21

      (v) Traveler: - A recreational vehicle park or campground where recreational vehicle

22

users and campers stay for a day or a week, as an alternative to other types of lodging, while

23

traveling or vacationing or enjoying the local attractions within a given area.

24

      (36) Rent: - Compensation or other consideration given for a prescribed right, use,

25

possession, or occupancy of recreational vehicle park or campground, as defined by the operator.

26

      (37) Rental on-site: - A camping unit placed within a recreational vehicle park or

27

campground that is available for rental to guests.

28

      (38) Recreational vehicle users: - Individuals who use recreational vehicles, including,

29

but not limited to, the following categories:

30

      (i) Daily/overnight: - Recreational vehicle users and campers who stay for a day or a

31

week, as an alternative to other types of lodging. Typically travelers, visitors, or tourists enjoying

32

local attractions in a given area.

33

      (ii) Extended stay: - Recreational vehicle users and campers who stay in a given

34

recreational vehicle park or campground for an extended period of time. The term "extended stay"

 

LC003665 - Page 68 of 74

1

generally describes the following groups:

2

      (A) individuals Individuals who choose a recreationally-centered recreationally

3

centered lifestyle and who stay in a specific location for a traditional season (see seasonals,

4

snowbirds, and sunbirds).

5

      (B) individuals Individuals who choose a recreational vehicle as interim lodging, while

6

transferring to a new locality or awaiting construction of conventional housing.

7

      (C) individuals Individuals who relocate frequently for employment purposes, and

8

choose a recreational vehicle as lodging.

9

      (D) individuals Individuals who choose a recreational vehicle as a housing alternative

10

for extended periods of time.

11

      (iii) Full-time: - Individuals who opt, because of recreational and/or economic benefits,

12

to use their recreational vehicle as their only or primary residence.

13

      (iv) Seasonal: - Individuals who typically leave their recreational vehicle at a specific

14

recreational vehicle park or campground for a season and occupy their recreational vehicles from

15

time to time during that season.

16

      (39) Sanitary disposal station: - A facility for the emptying of the waste holding waste-

17

holding tanks of recreational vehicles.

18

      (40) Service building: - A structure or portion thereof that is used to house sanitary

19

facilities, such as water closets, lavatories, and other facilities, for the convenience of the

20

recreational vehicle park or campground guest.

21

      (41) Sewage: - Any liquid waste containing animal or vegetable matter suspension or

22

solution, or the water-carried wastes resulting from the discharge of water closets, or any other

23

source of water-carried waste of human origin containing putrescible material.

24

      (42) Shall: - Indicates a mandatory requirement.

25

      (43) Should: - Indicates a recommendation, not a requirement.

26

      (44) Site: - That portion of a recreational vehicle park or campground specifically

27

intended for the use of one camping unit.

28

      (45) Site night: - The equivalent of one camping unit occupying one site for one

29

overnight stay whether occupied or not.

30

      (46) Slideout: - An extended portion of a recreational vehicle that exceeds the allowable

31

dimensions in the traveling mode.

32

      (47) Utility connection assembly: - A single hookup assembly located on the site and

33

containing connections for any or all of the following: water, sewer, electrical power, phone, or

34

television.

 

LC003665 - Page 69 of 74

1

      (48) Watering station: - A facility for supplying potable water to recreational vehicle

2

users and campers.

3

     32-7-11. Sanitary conveniences. -- The following standards shall apply to recreational

4

vehicle parks and campgrounds. All sanitary conveniences shall be installed in accordance with

5

this code:

6

      (1) Sewage facility approval: Each sewage disposal system material and design layout

7

shall be approved by the authority having jurisdiction.

8

      (2) Material and design: Flow rates shall be calculated at a rate of sixty (60) gallons per

9

site per day for individually sewered sites.

10

      (3) Sewer inlet connections at individual recreational vehicle unit sites:

11

      (i) When provided, the sewer connections for individual recreational vehicle sites shall

12

be located so as to minimize damage by the parking of recreational vehicles or automobiles.

13

      (ii) The connection shall consist of an inlet extending vertically to grade. The minimum

14

diameter of the sewer inlet shall be four (4) inches and shall be provided with a four (4) inch

15

four-inch (4) inlet or a minimum three (3) inch three-inch (3) fitting.

16

      (iii) The sewer inlet pipe shall be firmly imbedded in the ground and be protected against

17

damage from heaving or shifting and the entrance of surface water. It shall be provided with a

18

tight fitting tight-fitting plug or cap to be used when the site is vacant.

19

      (iv) The sewer inlet pipe shall not be required to be individually vented, regardless of the

20

use of the traps at each inlet.

21

      (v) A drain connector shall be sealed and fitted to the camping unit inlet connector.

22

      (4) Recreational vehicle sanitary disposal stations:

23

      (i) One recreational vehicle sanitary disposal station shall be provided for each one

24

hundred (100) recreational vehicle sites, or parts thereof, that are not equipped with individual

25

sewer connections.

26

      (ii) Each station, where provided, shall be convenient to access from the service

27

driveway and shall provide easy ingress and egress for recreational vehicles.

28

      (iii) Unless other approved means are used, each station shall have a concrete slab with a

29

center drain inlet located so as to be on the driveway (left) side of the recreational vehicle.

30

      (iv) The slab shall be not less than three (3) feet by three (3) feet, at least three and one-

31

half (3 1/2) inches thick, and properly reinforced, the surface of which is trowelled to a smooth

32

finish and sloped from each side inward to a sewer inlet.

33

      (v) The sewer inlet shall consist of a four (4) inch four-inch (4), self-closing, foot-

34

operated hatch of approved material with a tight-fitting cover. The hatch body shall be set in the

 

LC003665 - Page 70 of 74

1

concrete of the slab with the lip of the opening flush with its surface to facilitate the cleansing of

2

the slab with water. The hatch shall be properly connected to a sewer inlet, which that shall

3

discharge to an approved sanitary sewage disposal facility constructed in accordance with ANSI

4

A119.4 section 4-8.1.

5

      (5) Holding tank flushing facilities: Where holding tank flushing facilities are provided

6

by the operator, the following standards shall apply:

7

      (i) Holding tank flushing facilities shall consist of piped supply of water under pressure,

8

terminating in a valved outlet located and installed to minimize damage by automobiles or

9

recreational vehicles. The flushing device shall consist of a properly supported riser terminating

10

at least two (2) feet above the ground surface with a three-quarter (3/4) inch valved outlet to

11

which is attached a flexible hose.

12

      (ii) The water supply to the flushing device shall be protected from backflow by means

13

of a listed vacuum breaker located downstream from the last shutoff valve.

14

      (iii) Adjacent to the flushing arrangement there shall be posted a sign of durable

15

material, not less than two (2) feet by two (2) feet in size, and inscribed in clearly legible letters

16

with the following: "DANGER -- NOT TO BE USED FOR DRINKING OR DOMESTIC

17

PURPOSES" or other similar warning.

18

      (iv) There shall not be any cross-connection between the holding tank flushing facilities

19

and the potable water system. If the flushing facilities do not have a separate water source

20

entirely, such facilities shall be separated from any potable system by an air gap or a backflow

21

device.

22

      (6) Sanitary facilities:

23

      (i) Toilets shall be provided at one or more locations in every recreational vehicle park or

24

campground, except at primitive and semi-primitive campgrounds.

25

      (ii) In recreational vehicle parks and semi-developed and developed campgrounds, a

26

minimum of one toilet shall be provided for each sex up to the first twenty-five (25) dependent

27

sites. For each additional twenty-five (25) dependent sites, not provided with sewer connections,

28

an additional toilet for each sex shall be provided. No public toilets are required if all sites serve

29

only self-contained recreational vehicles.

30

      (iii) Chemical and recirculating toilets shall be of an approved type.

31

      (iv) Where provided, porta-johns shall be an approved type.

32

      (v) Toilet facilities shall have convenient access and shall be located within a five

33

hundred (500) foot five-hundred-foot (500) radius from any camping units not provided with

34

individual sewer connections.

 

LC003665 - Page 71 of 74

1

      (vi) If water flush toilets are provided, an equal number of lavatories shall be provided

2

for each two (2) toilets when more than six (6) toilets are required. Each lavatory basin shall have

3

a piped supply of potable water and shall drain into the sewage system.

4

      (vii) If separate facilities are provided for men and women, urinals shall be acceptable

5

for no more than one-third (1/3) of the toilets required in the men's facilities.

6

      (viii) Each female toilet room shall be provided with a receptacle for sanitary napkins.

7

The receptacle shall be durable, nonpervious, and readily cleanable material and should be

8

provided with a lid.

9

      (ix) Toilets shall be of a listed type and shall be provided with seats with open fronts.

10

      (x) Each toilet shall be in a separate compartment and shall be provided with a door and

11

latch for privacy and a holder or dispenser for toilet paper. Dividing walls or partitions shall be at

12

least five (5) feet high and, if separated from the floor, shall be by a space of no more than twelve

13

(12) inches.

14

      (xi) Toilet compartments shall be not less than thirty (30) inches in width and there shall

15

be not less than thirty (30) inches of clear space in front of each toilet.

16

      (xii) Each toilet building shall have a minimum ceiling height of seven (7) feet.

17

      (xiii) Facilities for males and females shall be appropriately marked, including "unisex"

18

facilities, where provided.

19

      (xiv) Unless artificial light is provided, the total window or skylight area shall be equal

20

to at least ten percent (10%) of the floor area.

21

      (xv) Unless provided with a listed mechanical ventilation system, every toilet room shall

22

have permanent, nonclosable, screened opening(s) with a total area of not less than five percent

23

(5%) of the floor area, opening directly to the exterior in order to provide proper ventilation.

24

Listed exhaust fan(s), vented to the exterior, the rating of which in cubic foot per minute is at

25

least twenty-five percent of the total volume of the toilet room(s) served, shall be considered as

26

meeting the requirements of this subsection.

27

      (xvi) All windows and vents opening to the outside shall be provided with fly-proof

28

screens of not less than No. 16 mesh.

29

      (xvii) All doors to the exterior shall open outward, shall be self-closing, and shall be

30

visually screened by means of a vestibule or wall to prevent direct view of the interior when the

31

exterior doors are open. Such screening shall not be required on single toilet single-toilet units.

32

      (xviii) The interior finish of walls shall be moisture resistant to a height of four (4) feet

33

to facilitate washing and cleaning.

34

      (xix) The floors shall be constructed of materials impervious to water and shall be easily

 

LC003665 - Page 72 of 74

1

cleanable. Any toilet building having flush toilets shall be provided with a floor drain in the toilet

2

room. This drain shall be provided with a means to protect the trap seal as required by this code.

3

      (7) Showers: Showers and shower dressing areas shall be built to code. All shower

4

compartments, regardless of shape, shall have a minimum finished interior of one thousand

5

twenty-four (1,024) square inches (0.66m2) and shall be capable of encompassing a thirty (30)

6

inch thirty-inch (30) (762mm) circle. The minimum required area and dimensions shall be

7

measured at a height equal to the top of the threshold and at a point tangent to its centerline. Each

8

shower shall be designed to minimize the flow of water into the dressing area and shall be

9

properly connected to the sewage system by means of a trapped inlet.

10

      (i) If showers are provided, an individual dressing area, visually screened from view,

11

shall also be provided with a minimum floor area of thirty-six (36) inches by thirty-six (36)

12

inches (0.9m by 0.9m) and such dressing areas shall be equipped with a minimum of one clothing

13

hook and one stool (or equivalent bench area).

14

      (ii) The floor of showers and dressing areas shall have an impervious, skid-resistant

15

surface.

16

      (iii) Open showers provided exclusively for the removal of sand, etc., following beach

17

activities, need not comply with the provisions of this subsection.

18

     SECTION 51. Article II of this act shall take effect on December 31, 2016. The

19

remaining portions of this act would take effect upon passage.

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LC003665 - Page 73 of 74

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATUTES AND STATUTORY CONSTRUCTION -- 2016

***

1

     This act would make a number of technical amendments to the general laws, prepared at

2

the recommendation of the Law Revision Office. Article I of the act includes the statutory

3

construction bill. Article II of the act contains reenactments of selected general laws.

4

     Article II of this act would take effect on December 31, 2016. The remaining portions of

5

this act would take effect upon passage.

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LC003665

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LC003665 - Page 74 of 74