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art.007/9/007/8/007/7/007/6/007/5/007/4/007/3/007/2/007/1

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     ARTICLE 7 AS AMENDED

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RELATING TO FEES

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     SECTION 1. Section 7-11-307 of the General Laws in Chapter 7-11 entitled “Rhode Island

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Uniform Securities Act” is hereby amended as follows:

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     7-11-307. Federal covered securities.

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     (a) The director may require by rule or order the filing of any or all of the following

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documents with respect to a covered security under § 18(b)(2) of the Securities Act of 1933, 15

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U.S.C. § 77r(b)(2):

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     (1) Prior to the initial offer of a federal covered security in this state, all documents that are

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part of a current federal registration statement filed with the U.S. Securities and Exchange

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Commission under the Securities Act of 1933, 15 U.S.C. § 77a et seq., or, in lieu of filing the

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registration statement, a notice as prescribed by the director by rule or otherwise, together with a

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consent to service of process signed by the issuer and with a nonrefundable fee of one-tenth of one

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percent (0.1%) of the maximum aggregate offering price at which the federal covered securities are

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to be offered in this state, but not less than three hundred dollars ($300) or more than one thousand

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dollars ($1,000) one thousand seven hundred fifty dollars ($1,750).

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     (2) An open end management company, a face amount certificate company, or a unit

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investment trust, as defined in the Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq.,

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may shall file a notice for an indefinite amount of securities. The issuer, at the time of filing, shall

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pay a nonrefundable fee of one thousand dollars ($1,000) one thousand seven hundred fifty dollars

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($1,750).

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     (3) After the initial offer of the federal covered security in this state, all documents that are

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part of an amendment to a current federal registration statement filed with the U.S. Securities and

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Exchange Commission under the Securities Act of 1933, are filed concurrently with the director.

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     (4) Unless otherwise extended by the director, an initial notice filing under this subsection

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or subsection (b) is effective for one year commencing upon the date the notice or registration

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statement, as applicable, is received by the director unless a later date is indicated by the issuer. A

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notice filing may be renewed by filing a renewal notice as prescribed by the director and paying a

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renewal fee of one thousand dollars ($1,000) one thousand seven hundred fifty dollars ($1,750).

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     (b) Regarding any security that is a covered security under § 18(b)(3) of the Securities Act

 

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of 1933, unless the security is exempted by § 7-11-401 or is sold in an exempt transaction under §

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7-11-402, the issuer shall file a notice prior to the initial offer of such security in this state. Such

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notice filing shall include a uniform application adopted by the director, a consent to service of

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process, and the payment of a nonrefundable fee as prescribed in a subsection (a)(1) of this section.

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      (b)(c) Regarding any security that is a covered security under § 18(b)(4)(D) of the

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Securities Act of 1933, 15 U.S.C. § 77r(b)(4)(D), the director may by rule or otherwise require the

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issuer to file a notice on SEC Form D and a consent to service of process signed by the issuer no

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later than fifteen (15) days after the first sale of the federal covered security in this state, together

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with Form U-2, Form D and a nonrefundable fee of three hundred dollars ($300).

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     (c)(d) The director may by rule or otherwise require the filing of any document filed with

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the U.S. Securities and Exchange Commission under the Securities Act of 1933, 15 U.S.C. § 77a

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et seq., with respect to a covered security under § 18(b)(3) or (4) of the Securities Act of 1933, 15

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U.S.C. § 77r(b)(3) or (4), together with a notice and fees as defined in subparagraph (a)(1).

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     (d)(e) The director may issue a stop order suspending the offer and sale of a federal covered

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security, except a covered security under § 18(b)(1) of the Securities Act of 1933, 15 U.S.C. §

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77r(b)(1), if the director finds that (1) the order is in the public interest and (2) there is a failure to

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comply with any condition established under this section.

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     (e) Notwithstanding the provisions of this section, until October 11, 1999, the director may

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require the registration of any federal covered security for which the fees required by this section

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have not been paid promptly following written notification from the director to the issuer of the

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nonpayment or underpayment of the fees. An issuer is considered to have promptly paid the fees if

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they are remitted to the director within fifteen (15) days following the person's receipt of written

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notification from the director.

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     (f) The director may by rule or order waive any or all of the provisions of this section.

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     SECTION 2. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled “Licensing

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of Health-Care Facilities” is hereby amended to read as follows:

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     23-17-38.1. Hospitals – Licensing fee.

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     (a) There is also imposed a hospital licensing fee at the rate of five and six hundred fifty-

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two thousandths percent (5.652%) upon the net patient-services revenue of every hospital for the

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hospital's first fiscal year ending on or after January 1, 2015, except that the license fee for all

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hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent

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(37%). The discount for Washington County hospitals is subject to approval by the Secretary of the

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U.S. Department of Health and Human Services of a state plan amendment submitted by the

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executive office of health and human services for the purpose of pursuing a waiver of the uniformity

 

Art7
RELATING TO FEES
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requirement for the hospital license fee. This licensing fee shall be administered and collected by

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the tax administrator, division of taxation within the department of revenue, and all the

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administration, collection, and other provisions of chapter 51 of title 44 shall apply. Every hospital

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shall pay the licensing fee to the tax administrator on or before July 10, 2017, and payments shall

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be made by electronic transfer of monies to the general treasurer and deposited to the general fund.

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Every hospital shall, on or before June 14, 2017, make a return to the tax administrator containing

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the correct computation of net patient-services revenue for the hospital fiscal year ending

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September 30, 2015, and the licensing fee due upon that amount. All returns shall be signed by the

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hospital's authorized representative, subject to the pains and penalties of perjury.

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     (b)(a) There is also imposed a hospital licensing fee at the rate of five and eight hundred

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fifty-six thousandths percent (5.856%) upon the net patient-services revenue of every hospital for

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the hospital's first fiscal year ending on or after January 1, 2016, except that the license fee for all

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hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent

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(37%). The discount for Washington County hospitals is subject to approval by the Secretary of the

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U.S. Department of Health and Human Services of a state plan amendment submitted by the

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executive office of health and human services for the purpose of pursuing a waiver of the uniformity

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requirement for the hospital license fee. This licensing fee shall be administered and collected by

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the tax administrator, division of taxation within the department of revenue, and all the

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administration, collection, and other provisions of chapter 51 of title 44 shall apply. Every hospital

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shall pay the licensing fee to the tax administrator on or before July 10, 2018, and payments shall

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be made by electronic transfer of monies to the general treasurer and deposited to the general fund.

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Every hospital shall, on or before June 14, 2018, make a return to the tax administrator containing

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the correct computation of net patient-services revenue for the hospital fiscal year ending

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September 30, 2016, and the licensing fee due upon that amount. All returns shall be signed by the

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hospital's authorized representative, subject to the pains and penalties of perjury.

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     (b) There is also imposed a hospital licensing fee at the rate of six percent (6%) upon the

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net patient-services revenue of every hospital for the hospital's first fiscal year ending on or after

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January 1, 2017, except that the license fee for all hospitals located in Washington County, Rhode

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Island shall be discounted by thirty-seven percent (37%). The discount for Washington County

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hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human

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Services of a state plan amendment submitted by the executive office of health and human services

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for the purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This

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licensing fee shall be administered and collected by the tax administrator, division of taxation

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within the department of revenue, and all the administration, collection, and other provisions of

 

Art7
RELATING TO FEES
(Page 3 of 26)

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chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator

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on or before July 10, 2019, and payments shall be made by electronic transfer of monies to the

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general treasurer and deposited to the general fund. Every hospital shall, on or before June 14,

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2019, make a return to the tax administrator containing the correct computation of net patient-

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services revenue for the hospital fiscal year ending September 30, 2017, and the licensing fee due

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upon that amount. All returns shall be signed by the hospital's authorized representative, subject to

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the pains and penalties of perjury.

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     (c) For purposes of this section the following words and phrases have the following

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meanings:

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     (1) "Hospital" means the actual facilities and buildings in existence in Rhode Island,

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licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on

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that license, regardless of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital

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conversions) and §23-17-6(b) (change in effective control), that provides short-term acute inpatient

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and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness,

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disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid

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managed care payment rates for a court-approved purchaser that acquires a hospital through

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receivership, special mastership, or other similar state insolvency proceedings (which court-

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approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly

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negotiated rates between the court-approved purchaser and the health plan, and such rates shall be

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effective as of the date that the court-approved purchaser and the health plan execute the initial

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agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital

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payments and outpatient hospital payments set forth in §§ 40-8-13.4(b)(1)(B)(iii) and 40-8-

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13.4(b)(2), respectively, shall thereafter apply to negotiated increases for each annual twelve-month

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(12) period as of July 1 following the completion of the first full year of the court-approved

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purchaser's initial Medicaid managed care contract.

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     (2) "Gross patient-services revenue" means the gross revenue related to patient care

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services.

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     (3) "Net patient-services revenue" means the charges related to patient care services less

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(i) charges attributable to charity care; (ii) bad debt expenses; and (iii) contractual allowances.

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     (d) The tax administrator shall make and promulgate any rules, regulations, and procedures

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not inconsistent with state law and fiscal procedures that he or she deems necessary for the proper

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administration of this section and to carry out the provisions, policy, and purposes of this section.

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     (e) The licensing fee imposed by this section shall apply to hospitals as defined herein that

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are duly licensed on July 1, 2017 2018, and shall be in addition to the inspection fee imposed by §

 

Art7
RELATING TO FEES
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23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-38.1.

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     SECTION 3. Section 27-10-3 of the General Laws in Chapter 27-10 entitled “Claim

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Adjusters” is hereby amended to read as follows:

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     27-10-3. Issuance of license.

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     (a) The insurance commissioner may issue to any person a license to act as either a public

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adjuster; company adjuster; or independent adjuster once that person files an application in a format

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prescribed by the department and declares under penalty of suspension, revocation, or refusal of

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the license that the statements made in the application are true, correct, and complete to the best of

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the individual's knowledge and belief. Before approving the application, the department shall find

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that the individual:

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     (1) Is at least eighteen (18) years of age;

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     (2) Is eligible to designate this state as his or her home state;

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     (3) Is trustworthy, reliable, and of good reputation, evidence of which shall be determined

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by the department;

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     (4) Has not committed any act that is a ground for probation, suspension, revocation, or

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refusal of a professional license as set forth in § 27-10-12;

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     (5) Has successfully passed the examination for the line(s) of authority for which the person

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has applied;

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     (6) Has paid a fee of one hundred and fifty dollars ($150) two hundred fifty dollars ($250).

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     (b) A Rhode Island resident business entity acting as an insurance adjuster may elect to

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obtain an insurance adjusters license. Application shall be made using the uniform business entity

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application. Prior to approving the application, the insurance commissioner shall find both of the

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following:

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     (1) The business entity has paid the appropriate fees.

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     (2) The business entity has designated a licensed adjuster responsible for the business

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entity's compliance with the insurance laws and rules of this state.

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     (c) The department may require any documents reasonably necessary to verify the

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information contained in the application.

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     SECTION 4. Section 23-3-25 of the General Laws in Chapter 23-3 entitled "Vital Records"

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is hereby amended to read as follows:

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     23-3-25. Fees for copies and searches.

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     (a) The state registrar shall charge fees for searches and copies as follows:

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     (1) For a search of two (2) consecutive calendar years under one name and for issuance of

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a certified copy of a certificate of birth, fetal death, death, or marriage, or a certification of birth, or

 

Art7
RELATING TO FEES
(Page 5 of 26)

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a certification that the record cannot be found, and each duplicate copy of a certificate or

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certification issued at the same time, the fee is as set forth in § 23-1-54.

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     (2) For each additional calendar year search, if applied for at the same time or within three

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(3) months of the original request and if proof of payment for the basic search is submitted, the fee

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is as set forth in § 23-1-54.

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     (3) For providing expedited service, the additional handling fee is as set forth in § 23-1-54.

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     (4) For processing of adoptions, legitimations, or paternity determinations as specified in

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§§ 23-3-14 and 23-3-15, there shall be a fee as set forth in § 23-1-54.

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     (5) For making authorized corrections, alterations, and additions, the fee is as set forth in

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§ 23-1-54; provided, no fee shall be collected for making authorized corrections or alterations and

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additions on records filed before one year of the date on which the event recorded has occurred.

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     (6) For examination of documentary proof and the filing of a delayed record, there is a fee

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as set forth in § 23-1-54; and there is an additional fee as set forth in § 23-1-54 for the issuance of

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a certified copy of a delayed record.

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     (b) Fees collected under this section by the state registrar shall be deposited in the general

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fund of this state, according to the procedures established by the state treasurer.

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     (c) The local registrar shall charge fees for searches and copies of records as follows:

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     (1) For a search of two (2) consecutive calendar years under one name and for issuance of

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a certified copy of a certificate of birth, fetal death, death, delayed birth, or marriage, or a

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certification of birth or a certification that the record cannot be found, the fee is twenty dollars

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($20.00). For each duplicate copy of a certificate or certification issued at the same time, the fee is

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fifteen dollars ($15.00).

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     (2) For each additional calendar year search, if applied for at the same time or within three

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(3) months of the original request and if proof of payment for the basic search is submitted, the fee

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is two dollars ($2.00).

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     (d) Fees collected under this section by the local registrar shall be deposited in the city or

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town treasury according to the procedures established by the city or town treasurer except that six

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dollars ($6.00) of the certified copy fees shall be submitted to the state registrar for deposit in the

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general fund of this state.

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     (e) To acquire, maintain and operate an Electronic Statewide Registration System (ESRS),

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the state registrar shall assess a surcharge of no more than five dollars ($5.00) for a mail-in certified

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records request, no more than three dollars ($3.00) for each duplicate certified record and no more

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than two dollars ($2.00) for a walk-in certified records request or a certified copy of a vital record

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requested for a local registrar. Notwithstanding the provisions of § 23-3-25 (d) of the general laws

 

Art7
RELATING TO FEES
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of Rhode Island, any such surcharges collected by the local registrar shall be submitted to the state

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registrar. Any funds collected from the surcharges listed above shall be deposited into the

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Information Technology Investment Fund (ITIF).

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     SECTION 5. Section 21-9-3 of the General Laws in Chapter 21-9 entitled "Frozen

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Desserts" is hereby amended to read as follows:

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     21-9-3. License fee.

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     (a) The annual fees for the following licenses shall be as set forth in § 23-1-54:

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     (1) Instate wholesale frozen dessert processors;

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     (2) Out of state wholesale frozen dessert processors; and

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     (3) Retail frozen dessert processors.

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     (b) Where a retail frozen dessert processor is also registered as a food service establishment

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under § 21-27-10 within a single location, the business shall not be required to pay more than one

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single fee for the highest classified activity listed in § 21-27-10(e) or subsection (a) of this section.

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     SECTION 6. Section 21-27-11.5 of the General Laws in Chapter 21-27 entitled "Sanitation

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in Food Establishments" is hereby amended to read as follows:

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     21-27-11.5. Recertification -- Renewal.

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     Every holder of a certificate issued pursuant to these sections shall triennially, every five

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(5) years, present evidence to the division of continued eligibility as established by regulations. All

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certificates issued pursuant to these sections shall expire triennially every five (5) years on a date

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as established in the rules and regulations unless sooner suspended or revoked. Application for

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certification renewal shall be made as described in the rules and regulations. A triennial renewal

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fee shall be required every five (5) years. Managers of municipal or state food establishments shall

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be exempt from payment of the fee set forth in this section.

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     SECTION 7. Section 23-1-54 of the General Laws in Chapter 23-1 entitled "Department

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of Health" is hereby amended to read as follows:

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     23-1-54. Fees payable to the department of health.

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     Fees payable to the department shall be as follows:

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PROFESSION RIGL Section Description of Fee FEE

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Barbers/hairdressers 5-10-10(a) Renewal application $25.00

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Barbers/hairdressers 5-10-10(a) Renewal application:

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Manicuring Instructors and manicurists $25.00

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Barbers/hairdressers 5-10-10(b) Minimum late renewal fee $25.00

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Barbers/hairdressers 5-10-10(b) Maximum late renewal fee $100.00

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Barbers/hairdressers 5-10-11[c] Application fee $25.00

 

Art7
RELATING TO FEES
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Barbers/hairdressers 5-10-11[c] Application fee: manicuring

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Instructors and manicurists $25.00

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Barbers/hairdressers 5-10-13 Demonstrator's permit $90.00

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Barbers/hairdressers 5-10-15 Shop license: initial $170.00

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Barbers/hairdressers 5-10-15 Shop license: renewal $170.00

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Barbers/hairdressers 5-10-15(b) Initial: per licensed chair/station $50.00

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Veterinarians 5-25-10 Application fee $40.00

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Veterinarians 5-25-11 Examination fee $540.00

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Veterinarians 5-25-12(a) Renewal fee $580.00

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Veterinarians 5-25-12[c] Late renewal fee $120.00

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Podiatrists 5-29-7 Application fee $240.00

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Podiatrists 5-29-11 Renewal fee: minimum $240.00

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Podiatrists 5-29-11 Renewal fee: maximum $540.00

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Podiatrists 5-29-13 Limited registration $65.00

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Podiatrists 5-29-14 Limited registration:

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Academic faculty $240.00

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Podiatrists 5-29-14 Application fee:

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Renewal minimum $240.00

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Podiatrists 5-29-14 Application fee:

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Renewal maximum $440.00

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Chiropractors 5-30-6 Examination fee: $210.00

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Chiropractors 5-30-7 Examination exemption fee: $210.00

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Chiropractors 5-30-8(b) Exam Physiotherapy $210.00

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Chiropractors 5-30-8(b) Exam chiro and physiotherapy $210.00

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Chiropractors 5-30-12 Renewal fee $210.00

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Dentists/dental hygienists 5-31.1-6(d) Dentist: application fee $965.00

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Dentists/dental hygienists 5-31.1-6(d) Dental hygienist: application fee $65.00

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Dentists/dental hygienists 5-31.1-6(d) Reexamination: dentist $965.00

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Dentists/dental hygienists 5-31.1-6(d) Reexamination: hygienist $65.00

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Dentists/dental hygienists 5-31.1-21(b) Reinstatement fee dentist $90.00

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Dentists/dental hygienists 5-31.1-21(b) Reinstatement fee hygienist $90.00

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Dentists/dental hygienists 5-31.1-21(c) Inactive status: dentist $220.00

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Dentists/dental hygienists 5-31.1-21(c) Inactive status: hygienist $40.00

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Dentists/dental hygienists 5-31.1-22 Limited registration $65.00

 

Art7
RELATING TO FEES
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Dentists/dental hygienists 5-31.1-23[c] Limited reg:

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Academic faculty $965.00

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Dentists/dental hygienists 5-31.1-23[c] Limited reg:

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Academic faculty renewal $500.00

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Electrolysis 5-32-3 Application fee $25.00

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Electrolysis 5-32-6(b) Renewal fee $25.00

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Electrolysis 5-32-7 Reciprocal license fee $25.00

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Electrolysis 5-32-17 Teaching license $25.00

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Funeral directors/embalmers 5-33.2-12 Funeral establishment license $120.00

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Funeral services establishments

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Funeral directors/embalmers 5-33.2-15 Renewal: funeral/director $90.00

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funeral services establishments embalmer $30.00

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Funeral directors/embalmers 5-33.2-12 Funeral branch ofc license $90.00

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Funeral directors/embalmers 5-33.2-13.1 Crematories: application fee $120.00

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Funeral services establishments

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Funeral directors/embalmers 5-33.2-15 Renewal: funeral/director $120.00

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Funeral Svcs establishments establishment

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Funeral directors/embalmers 5-33.2-15 Additional branch office

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Funeral services Establishments licenses $120.00

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Funeral directors/embalmers 5-33.2-15 Crematory renewal fee

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Funeral svcs establishments $120.00

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Funeral directors/embalmers 5-33.2-15 Late renewal fee

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Funeral svcs establishments (All license types) $25.00

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Funeral directors/embalmers 5-33.2-16(a) Intern registration fee

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Funeral Services establishments $25.00

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Nurses 5-34-12 RN Application fee $135.00

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Nurses 5-34-16 LPN Application fee $45.00

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Nurses 5-34-19 Renewal fee: RN $135.00

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Nurses 5-34-19 Renewal fee: LPN $45.00

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Nurses 5-34-37 RNP application fee $80.00

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Nurses 5-34-37 RNP renewal fee $80.00

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Nurses 5-34-37 RNP prescriptive privileges $65.00

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Nurses 5-34-40.3 Clin nurse spec application $80.00

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Nurses 5-34-40.3 Clin nurse spec renewal $80.00

 

Art7
RELATING TO FEES
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Nurses 5-34-40.3 Clin nurse spec Rx privilege $65.00

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Nurse anesthetists 5-34.2-4(a) CRNA application fee $80.00

3

Nurse anesthetists 5-34.2-4(b) CRNA renewal fee $80.00

4

Optometrists 5-35.1-4 Application fee $280.00

5

Optometrists 5-35.1-7 Renewal fee $280.00

6

Optometrists 5-35.1-7 Late fee $90.00

7

Optometrists 5-35.1-7 Reactivation of license fee $65.00

8

Optometrists 5-35.1-19(b) Violations of section $650.00

9

Optometrists 5-35.1-20 Violations of chapter $260.00

10

Opticians 5-35.2-3 Application fee $30.00

11

Physicians 5-37-2 Application fee $1,090.00

12

Physicians 5-37-2 Re-examination fee $1,090.00

13

Physicians 5-37-10(b) Late renewal fee $170.00

14

Physicians 5-37-16 Limited registration fee $65.00

15

Physicians 5-37-16.1 Ltd reg: academic faculty $600.00

16

Physicians 5-37-16.1 Ltd reg: academic Faculty renewal $170.00

17

Acupuncture 5-37.2-10 Application fee $310.00

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Acupuncture 5-37.2-13(4) Acupuncture assistant $310.00

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Licensure fee $170.00

20

Social workers 5-39.1-9 Application fee $70.00

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Social workers 5-39.1-9 Renewal fee $70.00

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Physical therapists 5-40-8 Application fee $155.00

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Physical therapists 5-40-8.1 Application: physical therapy

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assistants $50.00

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Physical therapists 5-40-10(a) Renewal fee: Physical therapists $155.00

26

Physical therapists 5-40-10(a) Renewal fee: Physical therapy

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assistants $50.00

28

Physical therapists 5-40-10[c] Late renewals $50.00

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Occupational therapists 5-40.1-12(2) Renewal fee $140.00

30

Occupational therapists 5-40.1-12(5) Late renewal fee $50.00

31

Occupational therapists 5-40.1-12(b) Reactivation fee $140.00

32

Occupational therapists 5-40.1-13 Application fee $140.00

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Psychologists 5-44-12 Application fee $230.00

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Psychologists 5-44-13 Temporary permit $120.00

 

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Psychologists 5-44-15[c] Renewal fee $230.00

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Psychologists 5-44-15(e) Late renewal fee $50.00

3

Nursing home administrators 5-45-10 Renewal fee $160.00

4

Speech pathologist/audiologists 5-48-1(14) Speech lang support personnel:

5

late filing $90.00

6

Speech pathologist/audiologists 5-48-9(a) Application fee: Audiologist $65.00

7

Speech pathologist/audiologists 5-48-9(a) Application fee:

8

speech Pathologist $145.00

9

Speech pathologist/audiologists 5-48-9(a) Renewal fee: Audiologist $65.00

10

Speech pathologist/audiologists 5-48-9(a) Renewal fee: Speech Pathologist $145.00

11

Speech pathologist/audiologists 5-48-9(a) Provisional license: renewal fee $65.00

12

Speech pathologist/audiologists 5-48-9(b) Late renewal fee $50.00

13

Speech pathologist/audiologists 5-48-9(d)(1) Reinstatement fee: audiologist $65.00

14

Speech pathologist/audiologists 5-48-9(d)(1) Reinstatement fee: audiologist $65.00

15

speech pathologists $145.00

16

personnel: late filing $65.00

17

Hearing aid dealers/fitters 5-49-6(a) License endorsement Examination fee $25.00

18

Hearing aid dealers/fitters 5-49-8(b) Temporary permit fee $25.00

19

Hearing aid dealers/fitters 5-49-8(d) Temporary permit renewal fee $35.00

20

Hearing aid dealers/fitters 5-49-11(1) License fee $25.00

21

Hearing aid dealers/fitters 5-49-11(b) License renewal fee $25.00

22

Hearing aid dealers/fitters 5-49-11[c] License renewal late fee $25.00

23

Physician assistants 5-54-9(4) Application fee $110.00

24

Physician assistants 5-54-11(b) Renewal fee $110.00

25

Orthotics/prosthetic practice 5-59.1-5 Application fee $120.00

26

Orthotics/prosthetic practice 5-59.1-12 Renewal fee $120.00

27

Athletic trainers 5-60-11 Application fee $60.00

28

Athletic trainers 5-60-11 Renewal fee $60.00

29

Athletic trainers 5-60-11 Late renewal fee $25.00

30

Mental health counselors 5-63.2-16 Application fee: marriage

31

Marriage and family therapists Family therapist $130.00

32

Mental health counselors 5-63.2-16 Application fee: mental

33

Marriage and family therapists Health counselors $70.00

34

Mental health counselors 5-63.2-16 Reexamination fee:

 

Art7
RELATING TO FEES
(Page 11 of 26)

1

Marriage and family therapists Marriage/family therapist $130.00

2

Mental health counselors 5-63.2-16 Reexamination fee:

3

Marriage and family therapists Mental health counselors $70.00

4

Mental health counselors 5-63.2-17(a) Renewal fee: marriage

5

Marriage and Family therapists Family therapist $130.00

6

Mental health counselors 5-63.2-17(a) Renewal fee:

7

Marriage and Family therapist Mental health counselor $50.00

8

Mental health counselors 5-63.2-17(b) Late renewal fee

9

Marriage and Family therapist Marriage and family therapist $90.00

10

Dieticians 5-64-6(b) Application fee $75.00

11

Dieticians 5-64-7 Graduate status: Application fee: $75.00

12

Dieticians 5-64-8 Renewal fee $75.00

13

Dieticians 5-64-8 Reinstatement fee $75.00

14

Radiologic technologists 5-68.1-10 Application fee maximum $190.00

15

Licensed chemical dependency 5-69-9 Application fee $75.00

16

professionals

17

Licensed chemical dependency 5-69-9 Renewal fee $75.00

18

professionals

19

Licensed chemical 5-69-9 Application fee $75.00

20

Licensed chemical dependency 5-69-9 Application fee $75.00

21

clinical supervisor

22

Licensed chemical dependency 5-69-9 Renewal fee $75.00

23

clinical supervisor

24

Deaf interpreters 5-71-8(3) License fee maximum $25.00

25

Deaf interpreters 5-71-8(3) License renewal fee $25.00

26

Milk producers 21-2-7(g)(1) In-state milk processor $160.00

27

Milk producers 21-2-7(g)(2) Out-of-state milk processor $160.00

28

Milk producers 21-2-7(g)(3) Milk distributors $160.00

29

Frozen desserts 21-9-3(1) In-state wholesale $550.00

30

Frozen desserts 21-9-3(2) Out-of-state wholesale $160.00

31

Frozen desserts 21-9-3(3) Retail frozen dess processors $160.00

32

Meats 21-11-4 Wholesale $160.00

33

Meats 21-11-4 Retail $40.00

34

Shellfish packing houses 21-14-2 License fee: Shipper/reshipper $320.00

 

Art7
RELATING TO FEES
(Page 12 of 26)

1

Shellfish packing houses 21-14-2 License fee: Shucker packer/repacker $390.00

2

Non-alcoholic bottled Beverages,

3

Drinks & juices 21-23-2 Bottler permit $550.00

4

Non-alcoholic bottled beverages,

5

drinks and juices 21-23-2 Bottle apple cider fee $60.00

6

Farm home food manufacturers 21-27-6.1(4) Registration fee $65.00

7

Food businesses 21-27-10(e)(1) Food processors wholesale $500.00 $300.00

8

Food businesses 21-27-10(e)(2) Food processors retail $120.00

9

Food businesses 21-27-10(e)(3) Food service establishments

10

>50 seats 50 seats or less $160.00

11

Food businesses 21-27-10(e)(3) Food service establishments

12

>50 seats more than 50 seats $240.00

13

Food businesses 21-27-10(e)(3) Mobile food service units $100.00

14

Food businesses 21-27-10(e)(3) Industrial caterer or food vending

15

Machine commissary $280.00

16

Food businesses 21-27-10(e)(3) Cultural heritage educational Facility $80.00

17

Food businesses 21-27-10(e)(4) Vending Machine Location >3 units $50.00

18

Food businesses 21-27-10(e)(4) Vending Machine Location

19

4-10 units $100.00

20

Food businesses 21-27-10(e)(4) Vending Machine Location =

21

11 units $120.00

22

Food businesses 21-27-10(e)(5) Retail Mkt 1-2 cash registers $120.00

23

Food businesses 21-27-10(e)(5) Retail Market 3-5 cash registers $240.00

24

Food businesses 21-27-10(e)(5) Retail Market = 6 Cash registers $510.00

25

Food businesses 21-27-10(e)(6) Retail food peddler $100.00

26

Food businesses 21-27-10(e)(7) Food warehouses $190.00

27

Food businesses 21-27-11.2 Certified food safety mgr $50.00

28

License verification fee 23-1-16.1 All license types $50.00

29

Tattoo and body piercing 23-1-39 Annual registration fee: Person $90.00

30

Tattoo and body piercing 23-1-39 Annual registration fee: establishment $90.00

31

Vital records 23-3-25(a)(1) Certificate of birth, fetal death,

32

Death, marriage, birth, or

33

Certification that such record

34

Cannot be found $20.00

 

Art7
RELATING TO FEES
(Page 13 of 26)

1

Vital records 23-3-25(a)(1) Each duplicate of certificate of

2

birth, fetal death, death,

3

marriage, Birth, or certification

4

that such record cannot be found $15.00

5

Vital records 23-3-25(a)(2) Each additional calendar year

6

Search, if within 3 months of

7

original search and if receipt of

8

original search presented $2.00

9

Vital records 23-3-25(a)(3) Expedited service $7.00

10

Vital records 23-3-25(a)(4) Adoptions, legitimations, or

11

Paternity determinations $15.00

12

Vital records 23-3-25(a)(5) Authorized corrections,

13

Alterations, and additions $10.00

14

Vital records 23-3-25(a)(6) Filing of delayed record and

15

Examination of documentary Proof $20.00

16

Vital records 23-3-25(a)(6) Issuance of certified copy of a

17

delayed record $20.00

18

Medical Examiner 23-4-13 Autopsy reports $40.00

19

Medical Examiner 23-4-13 Cremation certificates and statistics $30.00

20

Medical Examiner 23-4-13 Testimony in civil suits:

21

Minimum/day $650.00

22

Medical Examiner 23-4-13 Testimony in civil suits:

23

Maximum/day $3,250.00

24

Emergency medical technicians 23-4.1-10[c] Annual fee: ambulance

25

Service maximum $540.00

26

Emergency medical technicians 23-4.1-10[c] Annual fee: vehicle license

27

maximum $275.00

28

Emergency medical technicians 23-4.1-10[c] Triennial fee: EMT license

29

maximum $120.00

30

Emergency medical technicians 23-4.1-10(2) Exam fee maximum: EMT $120.00

31

Emergency medical technicians 23-4.1-10(2) Vehicle inspection Maximum $190.00

32

Clinical laboratories 23-16.2-4(a) Clinical laboratory license per

33

specialty $650.00

34

Clinical laboratories 23-16.2-4(a) Laboratory station license $650.00

 

Art7
RELATING TO FEES
(Page 14 of 26)

1

Clinical laboratories 23-16.2-4(b) Permit fee $70.00

2

Health care facilities 23-17-38 Hospital: base fee annual $16,900.00

3

Health care facilities 23-17-38 Hospital: annual per bed fee $120.00

4

Health care facilities 23-17-38 ESRD: annual fee $3,900.00

5

Health care facilities 23-17-38 Home nursing care/home

6

Care providers $650.00

7

Health care facilities 23-17-38 OACF: annual fee $650.00

8

Assisted living residences/

9

administrators 23-17.4-15.2(d) License application fee: $220.00

10

Assisted living residences/

11

administrators 23-17.4-15.2(d) License renewal fee: $220.00

12

Assisted living residences 23-17.4-31 Annual facility fee: base $330.00

13

Assisted living residences 23-17.4-31 Annual facility per bed $70.00

14

Nursing assistant registration 23-17.9-3 Application: competency

15

evaluation training program

16

maximum $325.00

17

Nursing assistant registration 23-17.9-5 Application fee $35.00

18

Nursing assistant registration 23-17.9-5 Exam fee: skills proficiency $170.00

19

Nursing assistant registration 23-17.9-6 Registration fee $35.00

20

Nursing assistant registration 23-17.9-7 Renewal fee $35.00

21

Sanitarians 23-19.3-5(a) Registration fee $25.00

22

Sanitarians 23-19.3-5(b) Registration renewal $25.00

23

Massage therapy 23-20.8-3(e) Massage therapist appl fee $65.00

24

Massage therapy 23-20.8-3(e) Massage therapist renewal fee $65.00

25

Recreational facilities 23-21-2 Application fee $160.00

26

Swimming pools 23-22-6 Application license: first pool $250.00

27

Swimming pools 23-22-6 Additional pool fee at same location $75.00

28

Swimming pools 23-22-6 Seasonal application license:

29

first pool $150.00

30

Swimming pools 23-22-6 Seasonal additional pool fee at

31

same location $75.00

32

Swimming pools 23-22-6 Year-round license for non-profit $25.00

33

Swimming pools 23-22-10 Duplicate license $2.00

34

Swimming pools 23-22-12 Penalty for violations $50.00

 

Art7
RELATING TO FEES
(Page 15 of 26)

1

Respiratory care practitioners 23-39-11 Application fee $60.00

2

Respiratory care practitioners 23-39-11 Renewal fee $60.00

3

     SECTION 8. Section 39-1-62 of the General Laws in Chapter 39-1 entitled "Public Utilities

4

Commission" is hereby amended to read as follows:

5

     39-1-62. E-911 Geographic Information System (GIS) and Technology Fund.

6

Geographic Information System (GIS) and Technology Fund.

7

     (a) Preamble. To allow the Rhode Island E-911 Emergency Telephone System agency

8

emergency and first response agencies to associate latitude and longitude coordinates provided by

9

wireless carriers with physical locations throughout the state, the agency must establish and

10

maintain a GIS database of street addresses and landmarks. The database will allow local

11

emergency response personnel to dispatch police, fire and rescue personnel to a specific address or

12

landmark of a cellular caller in the event the caller is unaware of his or her location, or is physically

13

unable to communicate it. Because more than half of the 530,000 9-1-1 phone calls received in

14

2003 came from cellular phones, it is critical that the GIS database be developed and maintained in

15

order to improve caller location identification and reduce emergency personnel response times.

16

     (b) Definitions. As used in this section, the following terms have the following meanings:

17

     (1) "System" means Emergency 911 Uniform Telephone System.

18

     (2) "Agency" means Rhode Island 911 Emergency Telephone System.

19

     (3) "Division" means the Division of Public Utilities and Carriers.

20

     (4) "GIS and Technology Fund" means the programs and funding made available to the

21

Emergency 911 Uniform Telephone System to assist in paying the costs of the GIS database

22

development project and GIS systems maintenance, which will enable the system to locate cellular

23

phone callers by geocoding all addresses and landmarks in cities and towns throughout the state.

24

GIS and Technology Fund also includes programs and funding to create system redundancy, fund

25

the construction of a new E-911 facility, and operate and maintain other state-of-the-art equipment

26

in public safety agencies.

27

     (5) "Prepaid wireless E911 telecommunications service" means a wireless

28

telecommunications service that allows a caller to dial 911 to access the 911 system, which service

29

must be paid for in advance and is sold in predetermined units or dollars of which the number

30

declines with use in a known amount.

31

     (c) Purpose. The purpose of the GIS and Technology Fund shall be to:

32

     (1) Implement and maintain a geographic information system database to assist in locating

33

wireless phone callers for emergency purposes in a manner consistent and in coordination with the

34

Rhode Island geographic information system administered by the Division of Planning as provided

 

Art7
RELATING TO FEES
(Page 16 of 26)

1

for in § 42-11-10(g)(3); and

2

     (2) Create system redundancy to ensure the reliability of 9-1-1 service to the public;

3

     (3) Operate and maintain other state-of-the-art equipment in public safety agencies; and

4

     (4) Fund the construction of a new E-911 facility. ; and

5

     (5) Encourage the development of opportunities for and agreements on the sharing and

6

integration of services across municipalities in the implementation of the E-911 uniform emergency

7

telephone system.

8

     (d) Authority. The agency shall establish, by rule or regulation, an appropriate funding

9

mechanism to recover from the general body of ratepayers the costs of funding GIS and technology

10

projects.

11

     (1) The general assembly shall determine the amount of a monthly surcharge to be levied

12

upon each wireless instrument, device or means including cellular, telephony, Internet, Voice Over

13

Internet Protocol (VoIP), satellite, computer, radio, communication, data, or any other wireless

14

instrument, device or means that has access to, connects with, interfaces with or is capable of

15

delivering two-way interactive communications services to the Rhode Island E-911 Uniform

16

Emergency Telephone System. Prepaid wireless E911 telecommunications services shall not be

17

included in this act, but shall be governed by chapter 21.2 of title 39. The agency will provide the

18

general assembly with information and recommendations regarding the necessary level of funding

19

to effectuate the purposes of this article. The surcharge shall be billed monthly by each wireless

20

telecommunications services provider as defined in § 39-21.1-3, which shall not include prepaid

21

wireless E911 telecommunications service, and shall be payable to the wireless

22

telecommunications services provider by the subscriber of the telecommunications services. Each

23

telecommunication services provider shall establish a special (escrow) account to which it shall

24

deposit on a monthly basis the amounts collected as a surcharge under this section. The money

25

collected by each wireless telecommunication services provider shall be transferred within sixty

26

(60) days after its inception of wireless, cellular, telephony, Voice Over Internet Protocol (VoIP),

27

satellite, computer, Internet, or communications, information or data services in this state and every

28

month thereafter. Any money not transferred in accordance with this paragraph shall be assessed

29

interest at the rate set forth in § 44-1-7 from the date the money should have been transferred. State,

30

local and quasi-governmental agencies shall be exempt from the surcharge. The surcharge shall be

31

deposited in restricted receipt account, hereby created within the agency and known as the GIS and

32

Technology Fund, to pay any and all costs associated with the provisions of subsection (c).

33

Beginning July 1, 2007, the surcharge shall be deposited in the general fund as general revenues to

34

pay any and all costs associated with the provisions of subsection (c). The GIS and Technology

 

Art7
RELATING TO FEES
(Page 17 of 26)

1

Fund restricted receipt account shall be terminated June 30, 2008. The amount of the surcharge

2

under this section shall not exceed thirty-five cents ($.35) per wireless phone.

3

     (2) The surcharge is hereby determined to be twenty-six cents ($.26) per wireless phone,

4

cellular, telephony, Voice Over Internet Protocol (VoIP), satellite, computer, data or data only

5

wireless lines or Internet communication or data instrument, device or means which has access to,

6

connects with, activates or interfaces with or any combination of the above with the Rhode Island

7

E-911 Uniform Emergency Telephone System per month and shall be in addition to the wireless

8

surcharge charged under § 39-21.1-14. The twenty-six cents ($.26) is to be billed to all wireless

9

telecommunication service providers, subscribers upon the inception of services.

10

     (3) The amount of the surcharge shall not be subject to the sales and use tax imposed under

11

chapter 18 of title 44 nor be included within the gross earnings of the telecommunications

12

corporation providing telecommunications service for the purpose of computing the tax under

13

chapter 13 of title 44.

14

     (4) [Deleted by P.L. 2010, ch. 23, art. 9, § 10].

15

     (e) Administration. The division of taxation shall collect monthly from the wireless

16

telecommunications service providers as defined in § 39-21.1-3, and which shall not include

17

prepaid wireless E911 telecommunications service, the amounts of the surcharge collected from

18

their subscribers. The division of taxation shall deposit such collections in the general fund as

19

general revenues for use in developing and maintaining the geographic information system

20

database, creating system redundancy, funding the construction of a new E-911 facility and

21

operating and maintaining other state-of-the-art equipment for public safety agencies. The agency

22

is further authorized and encouraged to seek matching funds from all local, state, and federal public

23

or private entities and shall coordinate its activities and share all information with the state Division

24

of Planning.

25

     (f) Effective date. The effective date of assessment for the GIS and Technology Fund shall

26

be July 1, 2004.

27

     (g) Nothing in this section shall be construed to constitute rate regulation of wireless

28

communications services carriers, nor shall this section be construed to prohibit wireless

29

communications services carriers from charging subscribers for any wireless service or feature.

30

     (h) Except as otherwise provided by law, the agency shall not use, disclose or otherwise

31

make available call location information for any purpose other than as specified in subsection (c).

32

     (i) The attorney general shall, at the request of the E-911 uniform emergency telephone

33

system division, or any other agency that may replace it, or on its own initiative, commence judicial

34

proceedings in the superior court against any telecommunication services provider as defined in §

 

Art7
RELATING TO FEES
(Page 18 of 26)

1

39-21.1-3(12) providing communication services to enforce the provisions of this chapter.

2

     SECTION 9. Section 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled "911

3

Emergency Telephone Number Act" is hereby amended to read as follows:

4

     39-21.1-14. Funding. Emergency services and first response surcharge.

5

     (a) A monthly surcharge of one dollar ($1.00) is hereby levied upon each residence and

6

business telephone line or trunk or path and data, telephony, Internet, Voice Over Internet Protocol

7

(VoIP) wireline, line, trunk or path in the state including PBX trunks and centrex equivalent trunks

8

and each line or trunk serving, and upon each user interface number or extension number or

9

similarly identifiable line, trunk, or path to or from a digital network (such as, but not exclusive of,

10

integrated services digital network (ISDN), Flexpath or comparable digital private branch

11

exchange, or connecting to or from a customer-based or dedicated telephone switch site (such as,

12

but not exclusive of, a private branch exchange (PBX)), or connecting to or from a customer-based

13

or dedicated central office (such as, but not exclusive of, a centrex system but exclusive of trunks

14

and lines provided to wireless communication companies) that can access to, connect with or

15

interface with the Rhode Island E-911 Uniform Emergency Telephone System (RI E-911). The

16

surcharge shall be billed by each telecommunication services provider at the inception of services

17

and shall be payable to the telecommunication services provider by the subscriber of the services.

18

A monthly surcharge of one dollar ($1.00) is hereby levied effective July 1, 2002, on each wireless

19

instrument, device or means including prepaid, cellular, telephony, Internet, Voice Over Internet

20

Protocol (VoIP), satellite, computer, radio, communication, data or data only wireless lines or any

21

other wireless instrument, device or means which has access to, connects with, or activates or

22

interfaces or any combination thereof with the E 9-1-1 Uniform Emergency Telephone System.

23

The surcharge shall be in addition to the surcharge collected under § 39-1-62 and shall be billed by

24

each telecommunication services provider and shall be payable to the telecommunication services

25

provider by the subscriber. Prepaid wireless telecommunications services shall not be included in

26

this act, but shall be governed by chapter 21.2 of title 39. The E-911 Uniform Emergency Telephone

27

System shall establish, by rule or regulation an appropriate funding mechanism to recover from the

28

general body of ratepayers this surcharge.

29

     (b) The amount of the surcharge shall not be subject to the tax imposed under chapter 18

30

of title 44 nor be included within the telephone common carrier's gross earnings for the purpose of

31

computing the tax under chapter 13 of title 44.

32

     (c) Each telephone common carrier and each telecommunication services provider shall

33

establish a special account to which it shall deposit on a monthly basis the amounts collected as a

34

surcharge under this section.

 

Art7
RELATING TO FEES
(Page 19 of 26)

1

     (d) The money collected by each telecommunication services provider shall be transferred

2

within sixty (60) days after its inception of wireline, wireless, prepaid, cellular, telephony, Voice

3

Over Internet Protocol (VoIP), satellite, computer, Internet, or communications services in this state

4

and every month thereafter, to the division of taxation, together with the accrued interest and shall

5

be deposited in the general fund as general revenue; provided, however, that beginning July 1,

6

2015, ten (10) percent of such money collected shall be deposited in the Information Technology

7

Investment Fund established pursuant to § 42-11-2.5. Any money not transferred in accordance

8

with this paragraph shall be assessed interest at the rate set forth in § 44-1-7 from the date the

9

money should have been transferred.

10

     (e) Every billed subscriber-user shall be liable for any surcharge imposed under this section

11

until it has been paid to the telephone common carrier or telecommunication services provider. Any

12

surcharge shall be added to and may be stated separately in the billing by the telephone common

13

carrier or telecommunication services provider and shall be collected by the telephone common

14

carrier or telecommunication services provider.

15

     (f) Each telephone common carrier and telecommunication services provider shall annually

16

provide the E 9-1-1 uniform emergency telephone system division or any other agency that may

17

replace it, with a list of amounts uncollected together with the names and addresses of its

18

subscriber-users who can be determined by the telephone common carrier or telecommunication

19

services provider to have not paid the surcharge.

20

     (g) Included within, but not limited to, the purposes for which the money collected may be

21

used are rent, lease, purchase, improve, construct, maintenance, repair, and utilities for the

22

equipment and site or sites occupied by the E 9-1-1 uniform emergency telephone system state's

23

first responder and emergency services agencies; salaries, benefits, and other associated personnel

24

costs; acquisition, upgrade or modification of PSAP equipment to be capable of receiving E 9-1-1

25

information, including necessary computer hardware, software, and data base provisioning,

26

addressing, and non-recurring costs of establishing emergency services; network development,

27

operation and maintenance; data-base development, operation, and maintenance; on-premise

28

equipment maintenance and operation; training emergency service personnel regarding use of E 9-

29

1-1; educating consumers regarding the operations, limitations, role and responsible use of E 9-1-

30

1; reimbursement to telephone common carriers or telecommunication services providers of rates

31

or recurring costs associated with any services, operation, administration or maintenance of E 9-1-

32

1 services as approved by the division; reimbursement to telecommunication services providers or

33

telephone common carriers of other costs associated with providing E 9-1-1 services, including the

34

cost of the design, development, and implementation of equipment or software necessary to provide

 

Art7
RELATING TO FEES
(Page 20 of 26)

1

E 9-1-1 service information to PSAP's, as approved by the division.

2

     (h) [Deleted by P.L. 2000, ch. 55, art. 28, § 1.]

3

     (i) Nothing in this section shall be construed to constitute rate regulation of wireless

4

communication services carriers, nor shall this section be construed to prohibit wireless

5

communication services carriers from charging subscribers for any wireless service or feature.

6

     (j) [Deleted by P.L. 2006, ch. 246, art. 4, § 1].

7

     SECTION 10. Sections 39-21.2-1, 39-21.2-2, 39-21.2-3, 39-21.2-4, and 39-21.2-7 of the

8

General Laws in Chapter 39-21.2 entitled "Prepaid Wireless E911 Charge Act" are hereby amended

9

to read as follows:

10

     39-21.2-1. Short title.

11

     This act may be cited as the "Prepaid Wireless E911 Charge Act of 2010."

12

     39-21.2-2. Findings.

13

     The legislature finds that:

14

     (1) Maintaining effective and efficient 911 systems emergency services and first responder

15

agencies across the state benefits all citizens;

16

     (2) 911 fees imposed upon the consumers of telecommunications services that have the

17

ability to dial 911 are an important funding mechanism to assist state and local governments with

18

the deployment of enhanced 911 emergency services to the citizens of this state;

19

     (3) Prepaid wireless telecommunication services are an important segment of the

20

telecommunications industry and have proven particularly attractive to low-income, low-volume

21

consumers;

22

     (4) Unlike traditional telecommunications services, prepaid wireless telecommunications

23

services are not sold or used pursuant to term contracts or subscriptions, and monthly bill are not

24

sent to consumers by prepaid wireless telecommunication services providers or retail vendors;

25

     (5) Prepaid wireless consumers have the same access to emergency 911 services from their

26

wireless devices as wireless consumers on term contracts, and prepaid wireless consumers benefit

27

from the ability to access the 911 system by dialing 911;

28

     (6) Consumers purchase prepaid wireless telecommunication services at a wide variety of

29

general retail locations and other distribution channels, not just through service providers;

30

     (7) Such purchases are made on a "cash-and-carry" or "pay-as-you-go" basis from retailers;

31

and

32

     (8) To ensure equitable contributions to the funding 911 of emergencies systems from

33

consumers of prepaid wireless telecommunication services, the collection and payment obligation

34

of charges to support E911 the state's first responder and emergency services should be imposed

 

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1

upon the consumer's retail purchase of the prepaid wireless telecommunication service and should

2

be in the form of single, statewide charge that is collected once at the time of purchase directly

3

from the consumer, remitted to the state, and distributed to E911 authorities pursuant to state law.

4

     39-21.2-3. Definitions.

5

     For purposes of this act, the following terms shall have the following meanings:

6

     (1) "Consumer" means a person who purchase prepaid wireless telecommunications

7

service in a retail transaction.

8

     (2) "Division" means the division of taxation.

9

     (3) "Prepaid wireless E911 charge" means the charge that is required to be collected by a

10

seller from a consumer in the amount established under section 4 of this act.

11

     (4) "Prepaid wireless telecommunications service" means a wireless telecommunications

12

service that allows a caller to dial 911 to access the 911 system, which service must be paid for in

13

advance and is sold in predetermined units or dollars of which the number declines with use in a

14

known amount.

15

     (5) "Provider" means a person that provides prepaid wireless telecommunications service

16

pursuant to a license issued by the Federal Communications Commission.

17

     (6) "Retail transaction" means the purchase of prepaid wireless telecommunications service

18

from a seller for any purpose other than resale.

19

     (7) "Seller" means a person who sells prepaid wireless telecommunications service to

20

another person.

21

     (8) "Wireless telecommunications service" means commercial mobile radio service as

22

defined by section 20.3 of title 47 of the code of Federal Regulations, as amended.

23

     39-21.2-4. Collection and remittance of E911 charge. Collection and remittance of

24

charge. The emergency services and first response surcharge.

25

     (a) Amount of charge. The prepaid wireless E911 charge is hereby levied at the rate of two

26

and one-half percent (2.5%) per retail transaction or, on and after the effective date of an adjusted

27

amount per retail transaction that is established under subsection (f) of this section, such adjusted

28

amount.

29

     (b) Collection of charge. The prepaid wireless E911 charge shall be collected by the seller

30

from the consumer with respect to each retail transaction occurring in this state. The amount of the

31

prepaid wireless E911 charge shall be either separately stated on an invoice, receipt, or other similar

32

document that is provided to the consumer by the seller, or otherwise disclosed to the consumer.

33

     (c) Application of charge. For purposes of subsection (b) of this section, a retail transaction

34

that is effected in person by a consumer at a business location of the seller shall be treated as

 

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1

occurring in this state if that business location is in this state, and any other retail transaction shall

2

be treated as occurring in this state if the retail transaction is treated as occurring in this state for

3

purposes of chapter 18 of title 44 of the general laws.

4

     (d) Liability for charge. The prepaid wireless E911 charge is the liability of the consumer

5

and not of the seller or of any provider, except that the seller shall be liable to remit all prepaid

6

wireless E911 charges that the seller collects from consumers as provided in § 39-21.2-5, including

7

all such charges that the seller is deemed to collect where the amount of the charge has not been

8

separately stated on an invoice, receipt, or other similar document provided to the consumer by the

9

seller.

10

     (e) Exclusion of E911 charge from base of other taxes and fees. The amount of the prepaid

11

wireless E911 charge that is collected by a seller from a consumer, if such amount is separately

12

stated on an invoice, receipt, or other similar document provided to the consumer by the seller, shall

13

not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed

14

by this state, any political subdivision of this state, or any intergovernmental agency, including, but

15

not limited to, the tax imposed under chapter 18 of title 44 nor be included within the telephone

16

common carrier's gross earnings for the purpose of computing the tax under chapter 13 of title 44.

17

     (f) Re-setting of charge. The prepaid wireless E911 charge shall be proportionately

18

increased or reduced, as applicable, upon any change to the state E911 charge on postpaid wireless

19

telecommunications service under § 39-21.1-14 or subdivision 39-1-62(d)(2). The adjusted amount

20

shall be determined by dividing the sum of the surcharges imposed under § 39-21.1-14 and

21

subdivision 39-1-62(d)(2) by fifty dollars ($50.00). Such increase or reduction shall be effective on

22

the effective date of the change to the postpaid charge or, if later, the first day of the first calendar

23

month to occur at least sixty (60) days after the enactment of the change to the postpaid charge.

24

The division shall provide not less than thirty (30) days of advance notice of such increase or

25

reduction on the division's website.

26

     (g) Bundled transactions. When prepaid wireless telecommunications service is sold with

27

one or more other products or services for a single, non-itemized price, then the percentage

28

specified in subsection (a) of this section shall apply to the entire non-itemized prices unless the

29

seller elects to apply such percentage (1) If the amount of prepaid wireless telecommunications

30

service is disclosed to the consumer as a dollar amount, such dollar amount, or (2) If the retailer

31

can identify the portion of the price that is attributable to the prepaid wireless telecommunications

32

service, by reasonable and verifiable standards from its books and records that are kept in the

33

regular course of business for other purposes, including, but not limited to, non-tax purposes, such

34

portion.

 

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     However, if a minimal amount of prepaid wireless telecommunications service is sold with

2

a prepaid wireless device for a single, non-itemized price, then the seller may elect not to apply the

3

percentage specified in subsection (a) of this section to such transaction. For purposes of this

4

paragraph, an amount of service denominated as ten (10) minutes or less, or five dollars ($5.00) or

5

less, is minimal.

6

     39-21.2-7. Exclusivity of prepaid wireless E911 charge. Exclusivity of prepaid wireless

7

charge.

8

     The prepaid wireless E911 charge imposed by this act shall be the only E911 funding

9

obligation imposed with respect to prepaid wireless telecommunications service in this state, and

10

no tax, fee, surcharge, or other charge shall be imposed by this state, any political subdivision of

11

this state, or any intergovernmental agency, for E911 funding purposes, upon any provider, sellers,

12

or consumer with respect to the sale, purchase, use, or provision of prepaid wireless

13

telecommunications service.

14

     SECTION 11. Sections 42-11-2.5 and 42-11-2.6 of the General Laws in Chapter 42-11

15

entitled "Department of Administration" are hereby amended to read as follows:

16

     42-11-2.5. Information technology investment fund.

17

     (a) All sums from the sale of any land and the buildings and improvements thereon, and

18

other real property, title to which is vested in the state, except as provided in §§ 37-7-15(b) and 37-

19

7-15(c), shall be transferred to an information technology investment fund restricted-receipt

20

account that is hereby established. This fund shall consist of such sums from the sale of any land

21

and the buildings and improvements thereon, and other real property, title to which is vested in the

22

state, except as provided in §§ 37-7-15(b) and 37-7-15(c), as well as a share of E-911 Uniform

23

Emergency Telephone System surcharge emergency services and first response surcharge revenues

24

collected under the provisions of § 39-21.1-14. This fund may also consist of such sums as the state

25

may from time to time appropriate; as well as money received from the disposal of information

26

technology equipment, loan, interest, and service charge payments from benefiting state agencies;

27

as well as interest earnings, money received from the federal government, gifts, bequest, donations,

28

or otherwise from any public or private source. Any such funds shall be exempt from the indirect

29

cost recovery provisions of § 35-4-27.

30

     (b) This fund shall be used for the purpose of acquiring information technology

31

improvements, including, but not limited to: hardware, software, consulting services, and ongoing

32

maintenance and upgrade contracts for state departments and agencies.

33

     (c) The division of enterprise technology strategy and service of the Rhode Island

34

department of administration shall adopt rules and regulations consistent with the purposes of this

 

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1

chapter and chapter 35 of title 42, in order to provide for the orderly and equitable disbursement of

2

funds from this account.

3

     (d) For all requests for proposals that are issued for information technology projects, a

4

corresponding information technology project manager shall be assigned.

5

     42-11-2.6. Office of Digital Excellence established.

6

     (a) Within the department, division of enterprise technology strategy and services, there

7

shall be established the Office of Digital Excellence. The purposes of the office shall be to move

8

Rhode Island state government into the 21st century through the incorporation of innovation and

9

modern digital capabilities throughout state government and to leverage technology to expand and

10

improve the quality of services provided to Rhode Island citizens; to promote greater access to

11

government and the internet throughout cities and towns; and to position Rhode Island as a national

12

leader in e-government.

13

     (b) Within the office, there shall be a chief digital officer who shall be appointed by the

14

director of administration with the approval of the governor and who shall be in the unclassified

15

service. The chief digital officer shall report to the director of administration and be required to:

16

     (1) Manage the implementation of all new and mission-critical technology infrastructure

17

projects and upgrades for state agencies. The division of enterprise technology strategy and

18

services, established pursuant to § 42-11-2.8, shall continue to manage and support all day-to-day

19

operations of the state's technology infrastructure, telecommunications, and associated

20

applications;

21

     (2) Increase the number of government services that can be provided online in order to

22

allow residents and businesses to complete transactions in a more efficient and transparent manner;

23

     (3) Improve the state's websites to provide timely information to online users and as many

24

government services as possible online; and

25

     (4) Establish, improve, and enhance the state's use of social media and mobile technological

26

applications.

27

     (c) The office shall coordinate its efforts with the division of enterprise technology strategy

28

and services in order to plan, allocate, and implement projects supported by the information

29

technology investment fund established pursuant to § 42-11-2.5.

30

     (d) All intellectual property created as a result of work undertaken by employees of the

31

office shall remain the property of the state of Rhode Island and Providence Plantations. Any

32

patents applied for shall be in the name of the state.

33

     (e) The director of administration may promulgate rules and regulations recommended by

34

the chief digital officer in order to effectuate the purposes and requirements of this act.

 

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     (f) The chief digital officer shall report no later than January 31, 2013, and every January

2

31 thereafter, to the governor, the speaker of the house of representatives, and the senate president

3

regarding the implementation status of all technology infrastructure projects; website

4

improvements; number of e-government transactions and revenues generated; projects supported

5

by the information technology investment fund; and all other activities undertaken by the office.

6

The report shall also include planned use for projects related to public safety communications and

7

emergency services, recommendations on the development of and opportunities for shared

8

implementation and delivery of these services among municipalities, and strategies for such shared

9

services. The annual report shall be posted on the office's website.

10

     SECTION 12. This article shall take effect July 1, 2018.

 

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