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art.003/6/003/5/003/4/003/3/003/2/003/1

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     ARTICLE 3 AS AMENDED

RELATING TO GOVERNMENT REFORM

     SECTION 1. Sections 1-6-1 and 1-6-3 of the General Laws in Chapter 1-6 entitled

"Warwick Airport Parking District" are hereby amended to read as follows:

     1-6-1. Definitions.

     As used in this chapter:

     (1) "Administrator" means the state tax administrator.

     (2) "District" means the Warwick airport parking district, being the district that runs from

a point on Main Avenue in the city of Warwick at the southerly boundary of T.F. Green state airport,

and westerly along Main Avenue to a point one-third (1/3) mile west of the intersection of Main

Avenue with Post Road; turning thence northerly running along a line parallel to and one-third (1/3)

mile west of Post Road to a point one mile north of the line of Airport Road; thence turning east

running along a line parallel to and one-third (1/3) mile north of the line of Airport Road to Warwick

Avenue; thence turning south along Warwick Avenue to Airport Road; thence turning west along

Airport Road to the boundary of T.F. Green state airport; thence running southerly along the

boundary of T.F. Green state airport to the point of beginning. If any parking facility (including

entrances, driveways, or private access roads) is constructed partly within the district as so defined,

the entire facility shall be treated as though within the district.

     (3) "Operator" means any person providing transient parking within the district.

     (4) "Permit fee" means the fee payable annually by an operator to the tax administrator in

an amount equal to ten dollars ($10.00) for each space made, or to be made, available by the

operator for transient parking during the period of a permit's effectiveness, but not more than two

hundred fifty dollars ($250) for each permit.

     (5) "Transient parking" means any parking for motor vehicles at a lot, garage, or other

parking facility within the district for which a fee is collected by the operator, but excludes:

     (i) Parking for which the fee is charged and paid on a monthly or less frequent basis;

     (ii) Parking for any employee of the operator of the facility;

     (iii) Parking provided by any hotel or motel for registered guests;

     (iv) Parking provided by validation or having a validated rate, where the person providing

the validation does not maintain a place of business at T.F. Green state airport.

     (6) "Transient parking receipts" means the gross receipts collected by an operator

(excluding the surcharge imposed by this chapter) in consideration of the provision of transient

parking.

     1-6-3. Permits for parking operations in district.

     (a) Every person desiring to provide transient parking in the district shall file with the tax

administrator an application for a permit for each place of business where transient parking will be

provided. The application shall be in a form, include information, and bear any signatures that the

tax administrator may require. There shall be no fee for this permit. At the time of making an

application, the applicant shall pay to the tax administrator the permit fee. Every permit issued

under this chapter shall expire on June 30 of each year. Every permit holder desiring to renew a

permit shall annually, on or before February 1 of each year, apply for renewal of its permit and file

with it the appropriate permit fee. The renewal permit shall be valid for the period of July 1 of that

calendar year through June 30 of the subsequent calendar year, unless sooner canceled, suspended,

or revoked. Upon receipt of the required application and permit fee, the tax administrator shall issue

to the applicant a permit. Provided, that if the applicant, at the time of making the application, owes

any fee, surcharge, penalty, or interest imposed under the authority of this chapter, the applicant

shall pay the amount owed. An operator whose permit has been previously suspended or revoked

shall pay to the tax administrator a permit fee for the renewal or issuance of a permit.

     (b) Whenever any person fails to comply with any provision of this chapter, the tax

administrator upon hearing, after giving the person at least five (5) days notice in writing,

specifying the time and place of hearing and requiring the person to show cause why his or her

permit or permits should not be revoked, may revoke or suspend any one or more of the permits

held by the person. The notice may be served personally or by mail. The tax administrator shall not

issue a new permit after the revocation of a permit unless the administrator is satisfied that the

former holder of the permit will comply with the provisions of the ordinance.

     (c) The superior court of this state has jurisdiction to restrain and enjoin any person from

engaging in business as an operator of a transient parking facility in the district without a parking

operator's permit or permits or after a transient parking facility operator's permit has been

suspended or revoked. The tax administrator may institute proceedings to prevent and restrain

violations of this chapter. In any proceeding instituted under this section, proof that a person

continues to operate a transient parking facility from the location to which a revoked parking

operator's permit was assigned, is prima facie evidence that the person is engaging in business as a

parking operator without a parking operator's permit.

     (d) Permit fees collected under the authority of this section shall be deposited into the

general fund of the state.

     SECTION 2. Section 11-18-12 of the General Laws in Chapter 11-18 entitled "Fraud and

False Dealing" is hereby amended to read as follows:

     11-18-12. Injunction of false advertising.

     (a) Except as provided in subsection (b) of this section, when When it appears to the

director of business regulation of the state of Rhode Island that any person, firm, corporation, or

association is violating any of the provisions of § 11-18-10, the director of business regulation may

cause to be instituted an action, commenced in the name of the director of business regulation in

his or her capacity as director of business regulation, to enjoin the violation in the superior court

and the court shall have jurisdiction to enjoin and/or restrain any person, firm, corporation or

association from violating any of the provisions of § 11-18-10 without regard to whether criminal

proceedings have been or may be instituted.

     (b) When it appears to the director of labor and training of the state of Rhode Island that

any person, firm, corporation, or association is violating any of the provisions of § 11-18-10 with

respect to the offer or sale of liquid fuels, lubricating oils or other similar products, the director of

labor and training may cause to be instituted an action, commenced in the name of the director of

labor and training in his or her capacity as director of labor and training, to enjoin the violation in

the superior court and the court shall have jurisdiction to enjoin and/or restrain any person, firm,

corporation, or association from violating any of the provisions of § 11-18-10 with respect to the

offer or sale of liquid fuels, lubricating oils or other similar products without regard to whether

criminal proceedings have been or may be instituted.

     SECTION 3. Section 31-36.1-3 of the General Laws in Chapter 31-36.1 entitled "Fuel Use

Reporting Law" is hereby amended to read as follows:

     31-36.1-3. Motor carrier license and identification -- Temporary licenses.

     (a) Each carrier operating a qualified motor vehicle in two (2) or more jurisdictions shall

apply to the administrator for a motor carrier fuel use license upon forms approved by the

administrator and there shall be no fee for this license be shall upon application, pay a license fee

of ten dollars ($10.00). The license shall remain in effect until surrendered or revoked under the

provisions of § 31-36.1-4. The tax administrator shall, in addition, provide identification devices in

the quantity requested to each licensed motor carrier. One such device must be displayed on the

exterior portion of each side of the cab of each qualified motor vehicle. The fee for such

identification device shall be ten dollars ($10.00) per qualified motor vehicle. Identification devices

shall be issued each year by the administrator and shall be displayed on or before March 1.

     (b) The administrator may refuse to issue a license if the application for it:

     (1) Is filed by a motor carrier whose license at any time theretofore has been revoked by

the administrator.

     (2) Contains any misrepresentation, misstatement, or omission of material information

required by the application.

     (3) Is filed by some other motor carrier as a subterfuge of the real motor carrier in interest

whose license or registration previously has been revoked for cause by the administrator.

     (4) Is filed by any motor carrier who is delinquent in the payment of any fee, tax, penalty,

or other amount due the administrator for its account.

     The finding may be made by the administrator after granting the applicant a hearing of

which the applicant shall be given ten (10) days notice in writing, and in which the applicant shall

have the right to appear in person or by counsel and present testimony.

     (c) Temporary license. Upon application to the administrator and payment of a fee of ten

dollars ($10.00), an unlicensed motor carrier may obtain a temporary license which will authorize

one qualified motor vehicle to be operated on the highways of this state, for a period not to exceed

ten (10) days, without compliance with the fees imposed in this section, the tax imposed in § 31-

36.1-5, and the bond required in § 31-36.1-6. There shall be no fee for this license.

     (d) The administrator may adopt rules and regulations specifying the conditions under

which temporary licenses will be issued and providing for their issuance.

     SECTION 4. Sections 31-37-10 and 31-37-21 of the General Laws in Chapter 31-37

entitled "Retail Sale of Gasoline" are hereby amended to read as follows:

     31-37-10. Term of licenses -- Fee.

     (a) Any license issued by the tax administrator to an owner for the operation of a retail

filling station, or to a peddler of gasoline, shall, from the date of the issuance of the license, be and

remain in full force and effect until or unless:

     (1) Suspended or revoked by the tax administrator,

     (2) The business with respect to which the license was issued shall change ownership, or

     (3) The owner or peddler shall cease to transact the business for which the license was

issued.

     (b) In any of which cases the license shall expire and terminate, and its holder shall

immediately return the license to the tax administrator. There shall be no fee for this license.

The charge or fee for the license shall be five dollars ($5.00).

     31-37-21. Enforcement.

     The tax administrator shall enforce the provisions of this chapter and chapter 36 of this

title, except that the director of business regulation labor and training shall enforce the provisions

of §§ 31-37-11 -- 31-37-17 and §§ 11-18-13 -- 11-18-18. The department of business regulation

labor and training shall cause any violation subject to its jurisdiction under this chapter to be

referred to law enforcement officials in the city or town where the violation has or is occurring for

prosecution.

     SECTION 5. Effective September 1, 2019, Section 36-3-5 of the General Laws in Chapter

36-3 entitled "Division of Personnel Administration" is hereby amended to read as follows:

     36-3-5. Powers and duties of the administrator.

     In addition to the duties imposed upon the personnel administrator elsewhere in the law

and the personnel rules, it shall be the duty of the personnel administrator:

     (1) As executive head of the division of personnel administration, to direct, supervise,

develop, and authorize all personnel related administrative and technical activities including

personnel administration and personnel management.

     (2) To prepare and recommend to the director of administration such rules as are deemed

necessary to carry out the provisions of the law.

     (3) To supervise the operation of the classification plan and to recommend to the director

amendments and additions thereto.

     (4) To supervise the operation of the pay plan and to recommend to the director

amendments and additions thereto.

     (5) To establish and supervise the maintenance of employment lists, promotion lists, and

reemployment lists; to develop recruitment procedures, monitor agency recruitment processes for

compliance with the statutes and policies, and make available to state agencies qualified candidates

as vacancies occur; direct and supervise equal opportunity programs; manage employee benefit

plans including the coordination of health insurance, prescription/vision care, group life insurance,

dental care, prepaid legal services, deferred compensation and cancer programs, and any other

programs established by the legislature related to employee benefits; and to manage career awards

programs and state and local enforcement firefighters incentive training programs.

     (6) To perform any other lawful act which he or she may consider necessary or desirable

to carry out the purposes and provisions of this chapter, and chapter 4 of this title, and the rules and

to conduct innovative demonstration projects to improve state personnel management.

     (7) To facilitate and/or coordinate state and national background checks for applicants

and/or employees in state positions with access to federal tax information, as defined in § 36-3-

16(a)(6).

     SECTION 6. Effective September 1, 2019, Chapter 36-3 of the General Laws entitled

"Division of Personnel Administration" is hereby amended by adding thereto the following section:

     36-3-16. Authority to conduct state and national background checks for applicants

and employees in state positions with access to federal tax information.

     (a) Definitions. As used in this section, the following terms are hereby defined as follows:

     (1) “Access,” shall mean the direct use, contact, handling or viewing of federal tax

information, as defined herein, in paper or electronic form, regardless of the frequency, likelihood

or extent of such access.

     (2) “Agency” or “state agency,” shall mean a Rhode Island state agency within the

executive branch.

     (3) “Agency head,” shall mean the director or designee of a state agency holding the

position with access (as defined herein). 

     (4) “Applicant for employment,” shall mean an individual who has applied for or may be

offered employment, transfer or promotional opportunities with a state agency, including

employment as a full-time or part-time employee, intern, temporary or seasonal employee, or

volunteer, in a position with access (as defined herein). 

     (5) “Current agency employee,” shall mean a full-time or part-time state employee, intern,

temporary or seasonal employee or volunteer in a position with access (as defined herein).

     (6) “Federal tax information” or “FTI” shall mean:

     i) Federal tax returns or information created or derived from federal tax returns that is in

an agency’s possession or control, which is covered by the confidentiality protections of the Internal

Revenue Code and subject to 26 U.S.C. section 6103 (p)(4) safeguarding requirements, including

oversight by the Internal Revenue Service (“IRS”); and received directly from the IRS or obtained

through an authorized secondary source, such as the Social Security Administration (SSA), Federal

Office of Child Support Enforcement (OCSE), Bureau of the Fiscal Service (BFS), Centers for

Medicare and Medicaid Services (CMS), or another entity acting on behalf of the IRS pursuant to

an Internal Revenue Code (“IRC”) 6103(p)(2)(B) agreement; and

     (ii) FTI shall expressly not include federal tax returns or information created or derived

from federal tax returns received from taxpayers or other third-parties.

     (7) “Law enforcement authorized agency” shall mean a government entity authorized to

conduct national background checks using the federal bureau of investigation’s fingerprinting

national background check system.

     (b) The personnel administrator or designee shall require to be obtained a state and national

fingerprint-based criminal background check initially and at least every ten years, as authorized by

Public Law 92-544, to determine the suitability of an applicant for employment prior to hiring or a

current agency employee, if the position applied for or held requires or includes access to FTI.

     (c) An applicant for employment or current agency employee who refuses to comply with

the fingerprint-based background check requirements shall be considered unsuitable for serving in

a position requiring or involving, or which may require or involve, access to FTI. 

     (d) The national fingerprint-based criminal background check shall be facilitated through

the office of the attorney general or another law enforcement authorized agency and forwarded to

the federal bureau of investigation for a national criminal history check, according to the policies,

procedures, and/or regulations established by the office of the attorney general or another law

enforcement authorized agency.

     (1) For current agency employees, the agency shall pay the applicable fee charged through

the office attorney general or other law enforcement authorized agency to conduct state and national

background checks. However, applicants for employment shall be required to pay the fee charged

through the office attorney general or other law enforcement authorized agency.

     (2) Fingerprint submissions may be retained by the federal bureau of Investigation and the

office of the attorney general or other law enforcement authorized agency to assist the personnel

administrator authorized pursuant to this section to ensure the continued suitability of an applicant

for employment or a current agency employee for access to FTI.

     (3) The office of the attorney general or other law enforcement authorized agency may

disseminate the results of the state and national criminal background checks to the personnel

administrator or designee of the personnel administrator.

     (4) Notwithstanding any law to the contrary, solely for the purposes of this chapter, the

personnel administrator, agency head and authorized staff of an agency may receive criminal

offender record information to the extent required by federal law and the results of checks of

national criminal history information databases under Public Law 92-544.

     (5) Upon receipt of the results of state and national criminal background checks, the

personnel administrator, agency head and other authorized staff shall treat the information as non-

public and exempt from disclosure in accordance with the Rhode Island Access to Public Records

Act, R.I. Gen. Laws 38-2-2(4)(A)(I)(b). Information acquired by any agency in the background

check process pursuant to this section shall be used solely for the purposes of making a

determination as to the suitability of a particular current employee or applicant for employment for

and assignment to duties in a position that requires or includes, or may require or include, access

to FTI.

     (e) If the office of the attorney general or other law enforcement authorized agency receives

criminal record information from the state or national fingerprint-based criminal background

checks that includes no disposition or is otherwise incomplete, the office of the attorney general or

other law enforcement authorized agency shall notify the personnel administrator and the subject

person. The applicant for employment or the current agency employee shall be responsible for

resolving any issues in other jurisdictions causing an incomplete background check. Within fifteen

(15) business days from being notified, the applicant for employment or current agency employee

must resolve any incomplete background check. For the purposes of this chapter, the personnel

administrator, in his or her sole discretion, may extend the amount of time to resolve an incomplete

report. Once resolved, the applicant’s suitability for employment in a position requiring or

involving, or which may require or involve, access to FTI shall be determined in accordance with

subsection (f).

     (1) In the event that an applicant for employment fails to resolve an issue with an

incomplete background check by the deadline stated herein, the person shall no longer be

considered for employment to the position with access.

     (2) In the event that a current agency employee fails to resolve an issue with an incomplete

background check by the deadline provided herein, along with any extension, the employee may

be terminated or discharged from employment; provided, however, that a current agency employee

may be placed on administrative leave or reassigned to a position that does not require access to

FTI if that position is available and subject to the business needs of the agency at the discretion of

the personnel administrator and agency head. Any such employment action shall be subject to same

appeal or grievance procedures as normally authorized.

     (f) The personnel administrator or designee shall review the results to determine the

suitability of the applicant for employment or current agency employee, based on criteria

established through regulation, to serve in a position requiring or involving, or which may require

or involve, access to FTI. In making such a determination of suitability, the personnel administrator

or designee may consult with the agency head and consider mitigating factors relevant to the current

agency employee’s employment and the nature of any disqualifying offense.

     (1) In the event that an applicant for employment receives a final determination that the

person is unsuitable, the person shall no longer be considered for employment into a position with

access.

     (2) A current employee may appeal a determination of unsuitability to the personnel

administrator. While the appeal is pending, the employee may be placed on administrative leave in

the discretion of the personnel administrator. A final determination of unsuitability after appeal

may result in termination or discharge from employment; provided, however, that subject to the

discretion of the personnel administrator and the agency head, a current agency employee may be

reassigned to a position that does not require access to FTI if that position is available and subject

to the business needs of the agency. Any such employment action shall be subject to further appeal

or grievance procedures as normally authorized.

     (g) Nothing in this section shall limit or preclude an agency’s right to carry on a background

investigation of an applicant for employment or a current agency employee using other authorized

means. 

     (h) The Department of Administration is hereby authorized to promulgate and adopt

regulations necessary to carry out this section.

     (i) The judicial branch is hereby authorized to comply with the provisions herein related to

employees with access to FTI.

     SECTION 7. Effective September 1, 2019, Chapter 37-2 of the General Laws entitled

"State Purchases" is hereby amended by adding thereto the following section:

     37-2-81. Authority to conduct state and national background checks for vendors with

access to federal tax information.

     (a) Definitions. As used in this section, the following terms shall be defined as follows:

     (1) “Access,” shall mean the direct and indirect use, contact, handling or viewing of federal

tax information, as defined herein, in paper or electronic form, regardless of the frequency,

likelihood or extent of such access or whether the access is intentional or inadvertent. 

     (2) “Agency” or “state agency,” shall mean a Rhode Island state department within the

executive branch.

     (3) “Agency head” shall mean the director or designee of a state department for which the

vendor is providing services. 

     (4) “Division” shall mean the division of purchases.

     (5) “Federal tax information” or “FTI” shall mean:

     (i) Federal tax returns or information created or derived from federal tax returns that is in

an agency’s possession or control, which is covered by the confidentiality protections of the Internal

Revenue Code and subject to 26 U.S.C. section 6103 (p)(4) safeguarding requirements, including

oversight by the Internal Revenue Service (“IRS”); and is received directly from the IRS or

obtained through an authorized secondary source, such as the Social Security Administration

(SSA), Federal Office of Child Support Enforcement (OCSE), Bureau of the Fiscal Service (BFS),

Centers for Medicare and Medicaid Services (CMS), or another entity acting on behalf of the IRS

pursuant to an Internal Revenue Code (“IRC”) 6103(p)(2)(B) agreement; and

     (ii) Shall not include federal tax returns or information created or derived from federal tax

returns received directly from taxpayers or other third-parties.

     (6) “Vendor” shall mean any individual, firm, corporation, partnership or other corporate

entity, including employees, subcontractors, who are performing services for the state and has

access, as defined herein, to FTI.

     (b) The agency head shall require a vendor to complete a state and national fingerprint-

based criminal background check, as authorized by Public Law 92-544, to determine the suitability

of a vendor's employees and subcontractors if the services to the state requires or includes, or may

require or include, access to FTI. This requirement for a vendor shall be incorporated by reference

into the vendor’s agreement with the state. No new vendor employee or subcontractor who has or

may have access to FTI shall perform services for the State until the person is deemed suitable by

the agency head. Existing vendor employees and subcontractors, as of the effective date of this

statute, shall complete the background check requirement within a reasonable time as approved by

the agency head.

     (c) The national fingerprint-based criminal background check shall be facilitated through

the Rhode Island office of the attorney general or other law enforcement authorized agency, using

the same criteria established under § 36-3-16 for applicants and current state employees. The

information shall be forwarded to the Federal Bureau of Investigation (FBI) for a national criminal

history check, according to the policies, procedures, and/or regulations established by the office of

the attorney general or other law enforcement authorized agency. The office of the attorney general

or other law enforcement authorized agency may disseminate the results of the national criminal

background checks to the Department of Administration and/or the agency head where the services

are being provided.

     (d) Reciprocity. Nothing herein shall prevent the agency head, at his or her discretion, from

accepting a recent national fingerprint-based criminal background check for a vendor related to FTI

access conducted in another suitable jurisdiction.

     (e) The agency head may receive criminal offender record information to the extent

required by federal law and the results of checks of national criminal history information databases

under Public Law 92-544. Upon receipt of the results of state and national criminal background

checks, the agency head shall treat the information as non-public and exempt from disclosure in

accordance with the Rhode Island Access to Public Records Act, R.I. Gen. Laws 38-2-2(4)(B).

Information acquired by any agency in the background check process pursuant to this section shall

be used solely for the purpose of making a determination as to the suitability of a vendor in a

position which requires or includes, or may require or include, access to FTI.

     (f) The state shall not be responsible for any fees charged through the office attorney

general, other law enforcement authorized agency or other jurisdiction to conduct the state and

national background check for vendor.

     (g) A vendor who refuses to comply with the fingerprint-based background check

requirement shall be considered unsuitable for services requiring or involving, or which may

require or involve, access to FTI. Refusal to comply by the vendor may result in termination of the

contract with the State and/or other procurement sanctions if appropriate. Nothing herein shall

prevent the vendor from replacing an employee or subcontractor who refuses to comply with this

requirement, subject to written approval by the agency head.

     (h) Upon receipt of the results of a state and national criminal background check for the

vendor the agency head shall review the results and determine the suitability of the person with

regard to service in a position requiring or involving, or which may require or involve, access to

FTI. In making a determination of suitability, the agency head may consider mitigating factors

relevant to the vendor’s scope of work and the nature of any disqualifying offense. Unsuitability of

a vendor may result in termination of the contract with the State and/or a requirement that the

vendor to replace the employee or subcontractor, with a suitable person, subject to written approval

by the agency head.

     (i) If the office of the attorney general or other law enforcement authorized agency receives

criminal record information from the state or national fingerprint-based criminal background

checks that includes no disposition or is otherwise incomplete, the subject person shall be

responsible for resolving any issues in other jurisdictions causing an incomplete background check.

The vendor shall immediately notify the state in writing the name and circumstances of any

employees or subcontractors who have received an incomplete background check. Failure to

establish suitability of a vendor employee, subcontractor or other agent may result in termination

of the contract with the State and/or a requirement that the vendor to replace the employee,

subcontractor or other agent with a suitable person, subject to written approval by the agency head.

     (j) Nothing in this section shall limit or preclude an agency’s right to carry on a background

investigation of a vendor using other authorized means. 

     (k) The department of administration is hereby authorized to promulgate and adopt

regulations necessary to carry out this section.

     (l) The judicial branch is hereby authorized to comply with the provisions herein related to

vendors working on behalf of the judiciary receiving access to FTI.

     SECTION 8. Effective September 1, 2019, sections 40-13.2-2, 40-13.2-4 and 40-13.2-5 in

Chapter 40-13.2 entitled "Certification of Child Care and Youth Serving Agency Workers" are

hereby amended to read as follows:

     40-13.2-2. Qualification for childcare employment.

     Notwithstanding any other provisions of law to the contrary, any person seeking to operate

or seeking employment in any facility which is, or is required to be, licensed or registered with the

department of children youth and families, the department of human services, or seeking

employment at the training school for youth if that employment involves supervisory or disciplinary

power over a child or children or involves routine contact with a child or children without the

presence of other employees, shall undergo an employment background check, a CANTS (child

abuse and neglect tracking system) check of substantiated complaints, and criminal records check

as provided for in this chapter. The director of the department of children, youth, and families and

the director of the department of human services may by rule identify those positions requiring

background checks, CANTS checks and criminal records checks.

     40-13.2-4. Criminal records check -- Operators of child care facilities which must be

licensed or registered with the department.

     Any person seeking to operate a facility, that is, or is required to be, licensed or registered

with the department of human services or the department of children, youth and families, shall

apply to the Rhode Island bureau of criminal identification, attorney general’s office, or the

department of children, youth and families or the state or local police department, for a nationwide,

criminal-records check. The check will conform to the applicable federal standards, including the

taking of fingerprints to identify the applicant, and any expense associated with providing the

criminal-records check shall be paid by the applicant and/or requesting agency. The director of the

department of human services or the department of children, youth and families will determine by

rule those items of information appearing on a criminal-records check, which constitute

disqualifying information because that information would indicate that the employment could

endanger the health or welfare of a child or children. Upon the discovery of any disqualifying

information with respect to a proposed operator, the Rhode Island bureau of criminal identification

will inform the director of the department of human services or the department of children, youth

and families, in writing, of the nature of the disqualifying information.

     40-13.2-5. Criminal-records check – Employees of child day care, day care centers,

family day care homes, group family day care homes, child placing agencies and residential

child-care facilities which must be licensed by the department.

     (a) Any person seeking employment in a “child day care” program, a “family day care

home”, “group family day care home”, or in a “child day care center” as defined in section 42-12.5-

2 of the general laws, if that employment involves supervisory or disciplinary power over a child

or children or involves routine contact with a child or children without the presence of other

employees, in any facility that is, or is required to be, licensed or registered with the department,,

or any adult household member of any operator of a “family day-care home” and “group family

day-care home,”, or seeking that employment or to volunteer at the training school for youth, shall,

after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of

criminal identification of the state police or the local police department, or the office of the attorney

general, or the department of children, youth and families, for a nationwide, criminal-records check.

The check will conform to applicable federal standards including the taking of fingerprints to

identify the applicant. Further, any person seeking employment in a “child day care” program, in a

“child day care center”, and/or in a “child day care provider” as defined in section 42-12.5-2 of the

general laws, if that employment involves supervisory or disciplinary power over a child or children

or involves routine contact with a child or children without the presence of other employees shall

apply to the bureau of criminal identification of the state police or the local police department or

the office of the attorney general to conduct all necessary criminal background checks as required

by the Child Care and Development Block Grant of 2014 (CCDBGA), Pub. L. 113-186. The

criminal record checks as required by this section shall be conducted for every five (5) years of

continuous child care employment from the date of the previous criminal background check.

     (b) Any person seeking employment in a “child placing agency” as defined in section 42-

72.1-2 of the general laws, if that employment involves supervisory or disciplinary power over a

child or children or involves routine contact with a child or children without the presence of other

employees, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply

to the bureau of criminal identification of the state police or the local police department, or the

office of the attorney general or the department of children, youth and families, for a nationwide,

criminal-records check. The check will conform to applicable federal standards including the taking

of fingerprints to identify the applicant.

     (c) Any person seeking employment in a “child caring agency”, “children’s behavioral

health program”, or in a “foster and adoptive home” as defined in section 42-72.1-2 of the general

laws, that is, or is required to be, licensed or registered with the department of children, youth and

families, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to

the bureau of criminal identification of the state police or the local police department, or the office

of the attorney general, or the department of children, youth and families, for a nationwide,

criminal-records check. The check will conform to applicable federal standards including the taking

of fingerprints to identify the applicant.

     (b)(d) Upon the discovery of any disqualifying information as defined in accordance with

the rule promulgated by the director, the bureau of criminal identification of the state police or the

local police department or the office of the attorney general or the department of children, youth

and families will inform the applicant, in writing, of the nature of the disqualifying information. In

addition, the bureau of criminal identification of the state police or the office of the attorney general,

or department of children, youth and families, or the local police department will inform the

relevant employer, in writing, without disclosing the nature of the disqualifying information, that

an item of disqualifying information has been discovered.

     (e)(c) In those situations in which no disqualifying information has been found, the bureau

of criminal identification of the state police or the local police department or the office of the

attorney general, or the department of children, youth and families will inform both the applicant

and the employer, in writing, of this fact that no disqualifying information has been found.

     (d) The employer will maintain on file, subject to inspection by the department, evidence

that criminal-records checks have been initiated on all employees seeking employment after August

1, 1985, and the results of the checks.

     (f)(e) Failure to maintain that evidence on file show proof that the employer has initiated

requests for background checks required by this section will be prima facie grounds to revoke the

license or registration of the operator of the facility.

     (g)or(f) It will be the responsibility of the bureau of criminal identification of the state

police or the office of the attorney general, or the local police department, or the department of

children, youth and families, to conduct the nationwide, criminal-records check pursuant to this

section. The nationwide, criminal-records check will be provided to the applicant for employment

without charge. Any expense associated for providing the criminal-records check shall be paid by

the applicant and/or the requesting agency.

     SECTION 9. Section 42-56-10 of the General Laws in Chapter 42-56 entitled "Corrections

Department" is hereby amended to read as follows:

     42-56-10. Powers of the director.

     In addition to exercising the powers and performing the duties, which are otherwise given

to him or her by law, the director of the department of corrections shall:

     (1) Designate, establish, maintain, and administer those state correctional facilities that he

or she deems necessary, and may discontinue the use of those state correctional facilities that he or

she deems appropriate for that action;

     (2) Maintain security, safety, and order at all state correctional facilities, utilize the

resources of the department to prevent escapes from any state correctional facility, take all

necessary precautions to prevent the occurrence or spread of any disorder, riot, or insurrection of

any state correctional facility, including, but not limited to, the development, planning, and

coordination of emergency riot procedures, and take suitable measures for the restoration of order;

     (3) Establish and enforce standards for all state correctional facilities;

     (4) Supervise and/or approve the administration by the assistant directors of the

department;

     (5) Manage, direct, and supervise the operations of the department;

     (6) Direct employees in the performance of their official duties;

     (7) Hire, promote, transfer, assign, and retain employees and suspend, demote, discharge,

or take other necessary disciplinary action;

     (8) Maintain the efficiency of the operations of the department;

     (9) Determine the methods, means, and personnel by which those operations of the

department are to be conducted;

     (10) Relieve employees from duties because of lack of work or for other legitimate reasons;

     (11) Establish, maintain, and administer programs, including, but not limited to, education,

training, and employment, of persons committed to the custody of the department, designed as far

as practicable to prepare and assist each person to assume the responsibilities and exercise the rights

of a citizen of this state;

     (12) Establish a system of classification of persons committed to the custody of the

department for the purpose of developing programs for each person in order to effectively develop

an individualized program for each sentenced inmate that will address each offender's individual

treatment and rehabilitative needs, the department of corrections is authorized to receive, with the

express consent of the inmate, and upon request to the department of children, youth and families,

the offender's juvenile arrest and/or adjudication records. Information related to the juvenile's

family members and other third parties, excluding law enforcement personnel, shall be redacted

from the records provided prior to their release to the department. The records will be disclosed to

only those department personnel directly responsible for, and only for the purpose of, developing

the individualized program for the offender.

     (13) Determine at the time of commitment, and from time to time thereafter, the custody

requirements and program needs of each person committed to the custody of the department and

assign or transfer those persons to appropriate facilities and programs;

     (14) Establish training programs for employees of the department, including the use of an

application system for the Department's Correctional Officer Training Academy that leverages

other law enforcement entity recruiting and the establishment of any fee associated with such

system, provided that a state application process compliant with § 28-6.3-1 also be provided.

     (15) Investigate grievances and inquire into alleged misconduct within the department;

     (16) Maintain adequate records of persons committed to the custody of the department;

     (17) Establish and maintain programs of research, statistics, and planning, and conduct

studies relating to correctional programs and responsibilities of the department;

     (18) Utilize, as far as practicable, the services and resources of specialized community

agencies and other local community groups in the development of programs, recruitment of

volunteers, and dissemination of information regarding the work and needs of the department;

     (19) Make and enter into any contracts and agreements necessary or incidental to the

performance of the duties and execution of the powers of the department, including, but not limited

to, contracts to render services to committed offenders, and to provide for training or education for

correctional officers and staff;

     (20) Seek to develop civic interest in the work of the department and educate the public to

the needs and goals of the corrections process;

     (21) Expend annually in the exercise of his or her powers, performance of his or her duties,

and for the necessary operations of the department those sums that may be appropriated by the

general assembly; and

     (22) Make and promulgate necessary rules and regulations incident to the exercise of his

or her powers and the performance of his or her duties, including, but not limited to, rules and

regulations regarding nutrition, sanitation, safety, discipline, recreation, religious services,

communication, and visiting privileges, classification, education, training, employment, care, and

custody for all persons committed to correctional facilities.

     (23) Make and promulgate regulations to provide:

     (a) Written notice to licensed nursing facilities, licensed assisted living residences, and

housing for the elderly whenever a person seeking to reside in one of these facilities or residences

is being released on parole for any of the following offenses: murder, voluntary manslaughter,

involuntary manslaughter, first degree sexual assault, second degree sexual assault, third degree

sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit

specified felonies (murder, robbery, rape, or burglary), felony assault, patient abuse, neglect or

mistreatment of patients, burglary, first degree arson, felony larceny or robbery;

     (b) A risk assessment process to identify and recommend safety or security measures

necessary for the protection of other residents or clients including whether the parolee should be

prohibited from residing in any such facility or residence or segregated from other residents or

clients to protect the security and safety of other residents;

     (c) The written notice to licensed nursing facilities, assisted living residences, or housing

for the elderly shall include charge information and disposition about the offense for which the

resident or client has been paroled, contact information for the resident's or client's parole

supervisor, a copy of the risk assessment and recommendations, if any, regarding safety and

security measures. A copy of the written notice shall be provided to the parolee; and

     (d) A process for notifying the appropriate state regulatory agency and the state long-term

care ombudsman whenever notice as required in subdivision 42-56-10(23)(a) above has been given.

     (24) Notwithstanding the enumeration of the powers of the director as set forth in this

section, and notwithstanding any other provision of the general laws, the validity and enforceability

of the provisions of a collective bargaining agreement shall not be contested, affected, or

diminished, nor shall any arbitration award be vacated, remanded or set aside on the basis of an

alleged conflict with this section or with any other provision of the general laws.

     SECTION 10. Chapter 44-1 of the General Laws entitled "State Tax Officials" is hereby

amended by adding thereto the following section:

     44-1-40. Tax Administrator to prepare list of licensed taxpayers - Notice - Public

inspection.

     (a) Notwithstanding any other provision of law, the tax administrator may, on a periodic

basis:,

     (1) Prepare and publish for public distribution a list of entities and their active licenses

administered under Title 44.

     (2) Prepare and publish for public distribution a list of entities and licenses for the current

year, as administered by a city or town under Chapter 5 of Title 3 of the Rhode Island General

Laws.

     (3) Prepare and publish for public distribution a list of entities and licenses for the

upcoming year, as administered by a city or town under Chapter 5 of Title 3 of the Rhode Island

General Laws.

     (4) Each list may contain the license type, name, and address of each registered entity with

a license.

     (b) The tax administrator shall not list any taxpayers that do not have an active license.

     (c) Any such list prepared by the tax division shall be available to the public for inspection

by any person and may be published by the tax administrator on the tax division website.

     SECTION 11. Section 44-5.2-4 of the General Laws in Chapter 44-5.2 entitled "Powers

and Duties of Fire Districts in the Town of Coventry" is hereby repealed.

     44-5.2-4. Compliance.

     Unless otherwise provided, the division of municipal finance in the department of revenue

shall monitor fire district compliance with this chapter and issue periodic reports to the general

assembly on compliance.

     SECTION 12. Section 45-19-1 of the General Laws in chapter 45-19 entitled “Relief of

Injured and Deceased Fire Fighters and Police Officers” is hereby amended to read as follows:

     45-19-1. Salary payment during line of duty illness or injury.

     (a) Whenever any police officer of the Rhode Island Airport Corporation or whenever any

police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or

deputy fire marshal of any city, town, fire district, or the state of Rhode Island is wholly or partially

incapacitated by reason of injuries received or sickness contracted in the performance of his or her

duties or due to their rendering of emergency assistance within the physical boundaries of the state

of Rhode Island at any occurrence involving the protection or rescue of human life which

necessitates that they respond in a professional capacity when they would normally be considered

by their employer to be officially off-duty, the respective city, town, fire district, state of Rhode

Island or Rhode Island Airport Corporation by which the police officer, fire fighter, crash rescue

crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall,

during the period of the incapacity, pay the police officer, fire fighter, crash rescue crewperson, fire

marshal, chief deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to which

the police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or

deputy fire marshal, would be entitled had he or she not been incapacitated, and shall pay the

medical, surgical, dental, optical, or other attendance, or treatment, nurses, and hospital services,

medicines, crutches, and apparatus for the necessary period, except that if any city, town, fire

district, the state of Rhode Island or Rhode Island Airport Corporation provides the police officer,

fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal,

with insurance coverage for the related treatment, services, or equipment, then the city, town, fire

district, the state of Rhode Island or Rhode Island Airport Corporation is only obligated to pay the

difference between the maximum amount allowable under the insurance coverage and the actual

cost of the treatment, service, or equipment. In addition, the cities, towns, fire districts, the state of

Rhode Island or Rhode Island Airport Corporation shall pay all similar expenses incurred by a

member who has been placed on a disability pension and suffers a recurrence of the injury or illness

that dictated his or her disability retirement, subject to the provisions of subsection (j) herein.

     (b) As used in this section, "police officer" means and includes any chief or other member

of the police department of any city or town regularly employed at a fixed salary or wage and any

deputy sheriff, member of the fugitive task force, or capitol police officer, permanent

environmental police officer or criminal investigator of the department of environmental

management, or airport police officer.

     (c) As used in this section, "fire fighter" means and includes any chief or other member of

the fire department or rescue personnel of any city, town, or fire district, and any person employed

as a member of the fire department of the town of North Smithfield, or fire department or district

in any city or town.

     (d) As used in this section, "crash rescue crewperson" means and includes any chief or

other member of the emergency crash rescue section, division of airports, or department of

transportation of the state of Rhode Island regularly employed at a fixed salary or wage.

     (e) As used in this section, "fire marshal," "chief deputy fire marshal", and "deputy fire

marshal" mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals

regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title

23.

     (f) Any person employed by the state of Rhode Island, except for sworn employees of the

Rhode Island State Police, who is otherwise entitled to the benefits of chapter 19 of this title shall

be subject to the provisions of chapters 29 – 38 of title 28 for all case management procedures and

dispute resolution for all benefits.

     (g) In order to receive the benefits provided for under this section, a police officer or

firefighter must prove to their employer that he or she had reasonable grounds to believe that there

was an emergency which required an immediate need for their assistance for the protection or

rescue of human life.

     (h) Any claims to the benefits provided for under this section resulting from the rendering

of emergency assistance in the state of Rhode Island at any occurrence involving the protection or

rescue of human life while off-duty, shall first require those covered by this section to submit a

sworn declaration to their employer attesting to the date, time, place and nature of the event

involving the protection or rescue of human life causing the professional assistance to be rendered

and the cause and nature of any injuries sustained in the protection or rescue of human life. Sworn

declarations shall also be required from any available witness to the alleged emergency involving

the protection or rescue of human life.

     (i) All declarations required under this section shall contain the following language:

     "Under penalty of perjury, I declare and affirm that I have examined this declaration,

including any accompanying schedules and statements, and that all statements contained herein are

true and correct."

     (j) Any person, not employed by the state of Rhode Island, receiving injured on-duty

benefits pursuant to this section, and subject to the jurisdiction of the state retirement board for

accidental retirement disability, for an injury occurring on or after July 1, 2011, shall apply for an

accidental disability retirement allowance from the state retirement board not later than the later of

eighteen (18) months after the date of the person's injury that resulted in said person's injured on

duty status or sixty (60) days from the date on which the treating physician certifies that the person

has reached maximum medical improvement. Nothing herein shall be construed to limit or alter

any and all rights of the parties with respect to independent medical examination or otherwise, as

set forth in the applicable collective bargaining agreement. Notwithstanding the forgoing, any

person receiving injured on duty benefits as the result of a static and incapacitating injury whose

permanent nature is readily obvious and ascertainable shall be required to apply for an accidental

disability retirement allowance within sixty (60) days from the date on which the treating physician

certifies that the person's injury is permanent, or sixty (60) days from the date on which such

determination of permanency is made in accordance with the independent medical examination

procedures as set forth in the applicable collective bargaining agreement.

     (1) If a person with injured on duty status fails to apply for an accidental disability

retirement allowance from the state retirement board within the time frame set forth above, that

person's injured on duty payment shall terminate. Further, any person suffering a static and

incapacitating injury as set forth in subsection (j) above and who fails to apply for an accidental

disability benefit allowance as set forth in subsection (j) shall have his or her injured on duty

payment terminated.

     (2) A person who so applies shall continue to receive injured on duty payments, and the

right to continue to receive IOD payments of a person who so applies shall terminate in the event

of a final ruling of the workers compensation court allowing accidental disability benefits. Nothing

herein shall be construed to limit or alter any and all rights of the parties with respect to independent

medical examination or otherwise, as set forth in the applicable collective bargaining agreement.

     (k) Any person employed by the state of Rhode Island who is currently receiving injured

on-duty benefits or any person employed by the state of Rhode Island who in the future is entitled

to injured on-duty benefits pursuant to chapter 19, and subject to the jurisdiction of the state

retirement board for accidental retirement disability, shall apply for an accidental disability

retirement allowance from the state retirement board not later than sixty (60) days from the date on

which a treating physician or an independent medical examiner certifies that the person has reached

maximum medical improvement, and in any event not later than eighteen (18) months after the date

of the person’s injury that resulted in said person being on injured on-duty. Nothing herein shall be

construed to limit or alter any and all rights of the parties with respect to independent medical

examination or otherwise, as set forth in the applicable collective bargaining agreement.

Notwithstanding the forgoing, any person receiving injured on duty benefits as the result of a static

and incapacitating injury whose permanent nature is readily obvious and ascertainable shall be

required to apply for an accidental disability retirement allowance within sixty (60) days from the

date on which a treating physician or an independent medical examiner certifies that the person's

injury is permanent, or sixty (60) days from the date on which such determination of permanency

is made in accordance with the independent medical examination procedures as set forth in the

applicable collective bargaining agreement.

     (1) If a person employed by the state of Rhode Island with injured on duty status fails to

apply for an accidental disability retirement allowance from the state retirement board within the

time frame set forth in subsection (k) above, that person's injured on duty payment shall terminate.

Further, any person employed by the state of Rhode Island suffering a static and incapacitating

injury as set forth in subsection (k) above and who fails to apply for an accidental disability benefit

allowance as set forth in subsection (k) shall have his or her injured on duty payment terminated.

     (2) A person employed by the state of Rhode Island who so applies shall continue to receive

injured on duty payments, and the right to continue to receive injured on-duty payments of a person

who so applies shall terminate upon final adjudication by the state retirement board approving or

denying either ordinary or accidental disability payments and, notwithstanding 45-31.2-9, this

termination of injured on duty benefits shall not be stayed.

     (3)(a) Notwithstanding any other provision of law, all persons employed by the state of

Rhode Island entitled to benefits under this section who were injured prior to July 1, 2019 and who

have been receiving injured on duty benefits pursuant to this section for a period of eighteen (18)

months or longer as of July 1, 2019 shall have up to ninety (90) days from July 1, 2019 to apply for

an accidental disability retirement benefit allowance. Any person employed by the state of Rhode

Island receiving injured on-duty benefits for a period less than eighteen (18) months as of July 1,

2019 shall apply for an accidental disability retirement benefit allowance within eighteen (18)

months of the date of injury that resulted in said person receiving injured on-duty pay, provided

however, said person shall have a minimum of ninety (90) days to apply.

     Applications for disability retirement received by the state retirement board by any person

employed by the State of Rhode Island receiving injured on-duty payments that shall be deemed

untimely pursuant to §36-10-14(b) shall have ninety (90) days from July 1, 2019 to apply for an

accidental disability retirement benefit allowance. Failure to apply for an accidental disability

retirement benefit allowance within the timeframe set forth herein shall result in the termination of

injured on duty benefits.

     (b) Any person employed by the state of Rhode Island receiving injured on-duty payments

who has been issued a final adjudication of the state retirement board on an application for an

ordinary or accidental disability benefit, either approving or denying said application, shall have

his/her injured on-duty payments terminated.

     (4) If awarded an accidental disability pension, any person employed by the state of Rhode

Island covered under this section shall receive benefits consistent with § 36-10-15.

     SECTION 13. Sections 5 through 8 of this article shall take effect September 1, 2019. The

remaining sections of this article shall take effect upon passage.