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art.003/1

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     ARTICLE 3

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 3-7-14.2 of the General Laws in Chapter 3-7 entitled "Retail

Licenses" is hereby amended to read as follows:

     3-7-14.2. Class P licenses -- Caterers.

     (a) A caterer licensed by the department of health and the division of taxation shall be

eligible to apply for a Class P license from the department of business regulation. The department

of business regulation is authorized to issue all caterers' licenses. The license will be valid

throughout this state as a state license and no further license will be required or tax imposed by any

city or town upon this alcoholic beverage privilege. Each caterer to which the license is issued shall

pay to the department of business regulation an annual fee of five hundred dollars ($500) for the

license, and one dollar ($1.00) for each duplicate of the license, which fees are paid into the state

treasury. The department is authorized to promulgate rules and regulations for implementation of

this license. In promulgating said rules, the department shall include, but is not limited to, the

following standards:

     (1) Proper identification will be required for individuals who look thirty (30) years old or

younger and who are ordering alcoholic beverages;

     (2) Only valid ID's as defined by these titles are acceptable;

     (3) An individual may not be served more than two (2) drinks at a time;

     (4) Licensee's, their agents, or employees will not serve visibly intoxicated individuals;

     (5) Licensee's may only serve alcoholic beverages for no more than a five (5) hour period

per event;

     (6) Only a licensee, or its employees, may serve alcoholic beverages at the event;

     (7) The licensee will deliver and remove alcoholic beverages to the event; and

     (8) No shots or triple alcoholic drinks will be served.

     (b) Any bartender employed by the licensee shall be certified by a nationally recognized

alcohol beverage server training program.

     (c) The licensee shall purchase at retail all alcoholic beverages from a licensed Class A

alcohol retail establishment located in the state, provided, however, any licensee who also holds a

Class T license, issued pursuant to the provisions of § 3-7-7, shall be allowed to purchase alcoholic

beverages at wholesale. Any person violating this section shall be fined five hundred dollars ($500)

for this violation and shall be subject to license revocation. The provisions of this section shall be

enforced in accordance with this title.

     (d) Violation of subsection (a) of this section is punishable upon conviction by a fine of

not more than five hundred dollars ($500). Fines imposed under this section shall be paid to the

department of business regulation.

     SECTION 3. Sections 5-12-1 through 5-12-4 of Chapter 5-12 of the General Laws entitled

"Hide and Leather Inspection" are hereby repealed.

     5-12-1. Town and city inspectors.

     There may be annually elected by the town councils of the several towns and by the city

councils of Providence and Newport an officer to be denominated "inspector of hides and leather",

who shall be sworn to the faithful discharge of his or her duties.

     5-12-2. Inspection and stamping of hides and leather.

     City and town inspectors of hides and leather shall examine and inspect all hides and leather

which they may be called upon to inspect, within their towns or cities, and stamp upon the inspected

hides or leather their quality, as rated in the hides and leather trade, together with the name of the

inspector and date of inspection.

     5-12-3. Inspection fees.

     The fee of the inspector shall be at the rate of one dollar ($1.00) per hour for each hour

actually employed, paid by the person employing him or her; provided, that not more than five (5)

hours shall be paid for by one employer for the same day.

     5-12-4. Misconduct by inspectors.

     Every inspector appointed under the provisions of this chapter who willfully stamps any

hides or leather as of a grade above or below that at which it is properly ratable, shall forfeit and

pay a penalty of one hundred dollars ($100) and is liable to an action at law for damages to any

person injured from the action.

     SECTION 4. Sections 5-65-1, 5-65-3, 5-65-7.1, 5-65-10, 5-65-15, 5-65-15.1 and 5-65-20

of the General Laws in Chapter 5-65 entitled "Contractors' Registration and Licensing Board" are

hereby amended to read as follows:

     5-65-1. Definitions.

     As used in this chapter:

     (1) "Board" means the contractors' registration and licensing board established pursuant to

the provisions of § 5-65-14 or its designees.

     (2) "Claim for retainage" means an allegation that a person seeking payment of retainage

breached the person's contract for the project; provided, however, that a "claim" related to a project

with a contract value of not less than two hundred fifty thousand dollars ($250,000) shall be subject

to the applicable dispute resolution procedure, notice, and other requirements in the contract for

construction.

     (3) "Commission" means the building code commission supportive of the contractors'

registration and licensing board.

     (4)(i) "Contractor" means a person who, in the pursuit of an independent business,

undertakes or offers to undertake or submits a bid, or for compensation and with or without the

intent to sell the structure arranges to construct, alter, repair, improve, move over public highways,

roads, or streets or demolish a structure or to perform any work in connection with the construction,

alteration, repair, improvement, moving over public highways, roads, or streets or demolition of a

structure, and the appurtenances thereto. For the purposes of this chapter, "appurtenances" includes

the installation, alteration, or repair of wells connected to a structure consistent with chapter 13.2

of title 46. "Contractor" includes, but is not limited to, any person who purchases or owns property

and constructs, or for compensation arranges for the construction of, one or more structures.

     (ii) A certificate of registration is necessary for each "business entity" regardless of the fact

that each entity may be owned by the same individual.

     (5) "Contract for construction" means a contract for which a lien may be established under

chapter 28 of title 34 or for state or municipal public works projects as defined in title 37 on a

project for which the person on whose contract with the project owner has an original contract price

of not less than two hundred fifty thousand dollars ($250,000); provided, however, that "contract

for construction" shall not include a project containing, or designed to contain, at least one, but not

more than four (4), dwelling units.

     (6) "Deliverable" means a project close-out document that shall be submitted by the person

seeking payment of retainage under the person's contract for construction; provided, however, that

a lien waiver or release, which is a deliverable, shall comply with chapter 28 of title 34; provided,

further, that "deliverable" shall not include any document affirming, certifying, or confirming

completion or correction of labor, materials, or other items furnished or incomplete or defective

work.

     (7) "Dwelling unit" means a single unit providing complete independent living facilities

for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and

sanitation.

     (8) "Hearing officer" means a person designated by the executive director director of the

department of business regulation or the director’s designee to hear contested claims or cases,

contested enforcement proceedings, and contested administrative fines, in accordance with the

"administrative procedures act", chapter 35 of title 42.

     (9) "Incomplete or defective work" means labor, materials, or any other item required for

full performance by a person seeking payment of retainage that remains to be furnished by the

person under the person's contract for construction or that has been furnished by the person but

requires correction, repair, further completion, revision, or replacement; provided, however, that

"incomplete or defective work" shall not include deliverables or labor, materials, or any other item

to be repaired or replaced after substantial or final completion pursuant to a warranty, guarantee,

or other contractual obligation to correct defective work after substantial or final completion.

     (10) "Monetary damages" means the dollar amount required in excess of the contract

amount necessary to provide the claimant with what was agreed to be provided under the terms of

the contract reduced by any amount due and unpaid to the respondent inclusive of any and all

awards and restitution.

     (11) "Person" means any natural person, joint venture, partnership, corporation, or other

business or legal entity who or that enters into a contract for construction.

     (12) "Prime contractor" means a person who or that enters into a contract for construction

with the project owner.

     (13) "Retainage" means a portion or percentage of a payment due pursuant to a contract

for construction that is withheld to ensure full performance of the contract for construction.

     (14) "Staff" means the executive director for the contractors' registration and licensing

board, and any other staff necessary to carry out the powers, functions, and duties of the board

including inspectors, hearing officers, and other supportive staff.

     (15) "State" means the state of Rhode Island.

     (16) "Structure" means (i) Any commercial building; or (ii) Any building containing one

or more residences and their appurtenances. The board's dispute resolution process shall apply only

to residential structures containing dwelling units, as defined in the state building code, or

residential portions of other types of buildings without regard to how many units any structure may

contain. The board retains jurisdiction and may conduct hearings regarding violations against all

contractors required to be registered or licensed by the board.

     (17) "Substantially" means any violation that affects the health, safety, and welfare of the

general public.

     (18) "Substantial completion" means the stage in the progress of the project when the work

required by the contract for construction with the project owner is sufficiently complete in

accordance with the contract for construction so that the project owner may occupy or utilize the

work for its intended use; provided, further, that "substantial completion" may apply to the entire

project or a phase of the entire project if the contract for construction with the project owner

expressly permits substantial completion to apply to defined phases of the project.

     5-65-3. Registration for work on a structure required of contractor -- Issuance of

building permits to unregistered or unlicensed contractors prohibited -- Evidence of activity

as a contractor -- Duties of contractors.

     (a) A person shall not undertake, offer to undertake, or submit a bid to do work as a

contractor on a structure or arrange to have work done unless that person has a current, valid

certificate of registration for all construction work issued by the board. A partnership, corporation,

or joint venture may do the work; offer to undertake the work; or submit a bid to do the work only

if that partnership, corporation, or joint venture is registered for the work. In the case of registration

by a corporation or partnership, an individual shall be designated to be responsible for the

corporation's or partnership's work. The corporation or partnership and its designee shall be jointly

and severally liable for the payment of the registration fee, as required in this chapter, and for

violations of any provisions of this chapter. Disciplinary action taken on a registration held by a

corporation, partnership, or sole proprietor may affect other registrations held by the same

corporation, partnership, or sole proprietorship, and may preclude future registration by the

principal of that business entity.

     (b) A registered partnership or corporation shall notify the board in writing immediately

upon any change in partners or corporate officers.

     (c) A city, town, or the state shall not issue a building permit to anyone required to be

registered under this chapter who does not have a current, valid certificate of registration

identification card or valid license that shall be presented at the time of issuance of a permit and

shall become a condition of a valid permit. Each city, town, or the state that requires the issuance

of a permit as a condition precedent to construction, alteration, improvement, demolition,

movement, or repair of any building or structure or the appurtenance to the structure shall also

require that each applicant for the permit file, as a condition to issuing the permit, a written affidavit

subject to the penalties of perjury, subscribed by the applicant, that the applicant is registered under

the provisions of this chapter, giving the number of the registration and stating that the registration

is in full force and effect, or, if the applicant is exempt from the provisions of this chapter, listing

the basis for the exemption. The city, town, or the state shall list the contractor's registration number

on the permit obtained by that contractor, and if a homeowner is issued a permit, the building

inspector or official must ascertain registration numbers of each contractor on the premises and

shall inform the registration board of any non-registered contractors performing work at the site.

     (d) Every city and town that requires the issuance of a business license as a condition

precedent to engaging, within the city or town, in a business that is subject to regulation under this

chapter, shall require that each licensee and each applicant for issuance or renewal of the license

file, or has on file, with the city or town a signed statement that the licensee or applicant is registered

under the provisions of this chapter and stating that the registration is in full force and effect.

     (e) It shall be prima facie evidence of doing business as a contractor when a person for that

person's own use performs, employs others to perform, or for compensation and with the intent to

sell the structure, arranges to have performed any work described in § 5-65-1(4) if within any one

twelve-month (12) period that person offers for sale one or more structures on which that work was

performed.

     (f) Registration under this chapter shall be prima facie evidence that the registrant conducts

a separate, independent business.

     (g) The provisions of this chapter shall be exclusive and no city or town shall require or

shall issue any registrations or licenses nor charge any fee for the regulatory registration of any

contractor registered with the board. Nothing in this subsection shall limit or abridge the authority

of any city or town to license and levy and collect a general and nondiscriminatory license fee

levied upon all businesses, or to levy a tax based upon business conducted by any firm within the

city or town's jurisdiction, if permitted under the laws of the state.

     (h)(1) Every contractor shall maintain a list that shall include the following information

about all subcontractors or other contractors performing work on a structure for that contractor:

     (i) Names and addresses; and

     (ii) Registration numbers or other license numbers.

     (2) The list referred to in subsection (h)(1) of this section shall be delivered to the board

within twenty-four (24) hours after a request is made during reasonable working hours, or a fine of

twenty-five dollars ($25.00) may be imposed for each offense.

     (i) The following subcontractors who are not employees of a registered contractor must

obtain a registration certificate prior to conducting any work: (1) Carpenters, including finish

carpenters and framers; (2) Siding installers; (3) Roofers; (4) Foundation installers, including

concrete installers and form installers; (5) Drywall installers; (6) Plasterers; (7) Insulation installers;

(8) Ceramic tile installers; (9) Floor covering installers; (10) Swimming pool installers, both above

ground and in ground; (11) Masons, including chimney installers, fireplace installers, and general

masonry erectors. This list is not all inclusive and shall not be limited to the above-referenced

contractors. No subcontractor licensed by another in-state agency pursuant to § 5-65-2 shall be

required to register, provided that said work is performed under the purview of that license.

     (j) A contractor including, but not limited to, a general contractor, shall not hire any

subcontractor or other contractor to work on a structure unless the contractor is registered under

this chapter or exempt from registration under the provisions of § 5-65-2.

     (k) A summary of this chapter, prepared by the board and provided at cost to all registered

contractors, shall be delivered by the contractor to the owner when the contractor begins work on

a structure; failure to comply may result in a fine.

     (l) The registration number of each contractor shall appear in any advertising by that

contractor. Advertising in any form by an unregistered contractor shall be prohibited, including

alphabetical or classified directory listings, vehicles, business cards, and all other forms of

advertisements. The violations could result in a penalty being assessed by the board per

administrative procedures established.

     (i) The board may publish, revoke, or suspend registrations and the date the registration

was suspended or revoked on a quarterly basis.

     (ii) Use of the word "license" in any form of advertising when only registered may subject

the registrant or those required to be registered to a fine of one hundred dollars ($100) for each

offense at the discretion of the board.

     (m) The contractor must see that permits required by the state building code are secured on

behalf of the owner prior to commencing the work involved. The contractor's registration number

must be affixed to the permit as required by the state building code.

     (n) The board may assess an interest penalty of twelve percent (12%) annually when a

monetary award is ordered by the board.

     (o) All work performed, including labor and materials, in excess of one thousand dollars

($1,000) shall be accompanied by a contract in writing. Contracts required pursuant to this

subsection shall include a location on or near the signature line location on or in which the parties

to the contract shall initial to evidence the receipt of certain consumer education materials or

information approved and provided by the board to the contractor. The educational materials and/or

information shall include, but not be limited to, the following notice and shall be provided by the

contractor to the homeowner:

NOTICE OF POSSIBLE MECHANIC'S LIEN

     To: Insert name of owner, lessee or tenant, or owner of less than the simple fee.

     The undersigned is about to perform work and/or furnish materials for the construction,

erection, alterations or repair upon the land at (INSERT ADDRESS) under contract with you. This

is a notice that the undersigned and any other persons who provide labor and materials for the

improvement under contract with the undersigned may file a mechanic's lien upon the land in the

event of nonpayment to them. It is your responsibility to assure yourself that those other persons

under contract with the undersigned receive payment for their work performed and materials

furnished for the construction, erection, alteration or repair upon the land. Failure to adhere to the

provisions of this subsection may result in a one-thousand-dollar ($1,000) fine against the

contractor and shall not affect the right of any other person performing work or furnishing materials

of claiming a lien pursuant to chapter 28 of title 34. However, such person failing to provide such

notice shall indemnify and hold harmless any owner, lessee or tenant, or owner of less than the fee

simple from any payment or costs incurred on account of any liens claims by those not in privity

with them, unless such owner, lessee or tenant, or owner of less than the fee simple shall not have

paid such person.

     (p) Contracts entered into must contain notice of right of rescission as stipulated in all

pertinent Rhode Island consumer protection laws and/or § 5-65-27 if applicable.

     (q) The contractor must stipulate whether or not all the proper insurances are in effect for

each job contracted.

     (r) Contractors who are in compliance with the provisions of this subsection shall be

exempt from the requirements of § 34-28-4.1.

     (s) In addition to the requirements of this chapter, contractors engaged in well drilling

activities shall also be subject to regulations pertaining to licensing and registration promulgated

by the contractors' registration and licensing board pursuant to chapter 65.2 of this title and § 46-

13.2-4.

     5-65-7.1. Notice of cancellation or failure to renew policies.

     Upon the cancellation or failure to renew, the insurance company having written a liability

policy, as described in § 5-65-7, shall notify the director of the contractors' registration and

licensing board of the cancellation or failure to renew. The policy shall continue in effect until ten

(10) days after written notice of the cancellation is given to the director of the contractors'

registration and licensing board of the cancellation or termination of the liability policy by the

issuing insurance company or companies in addition to any other notices which may be required

by law. Any insurance company that fails to notify the director contractors’ registration and

licensing board, as required in this section shall be subject to prosecution for a misdemeanor and

upon conviction of that offense may be punished by a fine of not more than two hundred fifty

dollars ($250) for each offense and shall be responsible for any claims, fines or penalties from any

parties resulting from lack of notice. All criminal actions for any violation of this section shall be

prosecuted by the attorney general. The attorney general shall prosecute actions to enforce the

payment penalties and fines at the request of the director of the department of business regulation

or the director’s designee.

     5-65-10. Grounds for discipline -- Injunctions.

     (a) The board or commission may revoke, suspend, or refuse to issue, reinstate, or reissue

a certificate of registration if the board or commission determines after notice and opportunity for

a hearing:

     (1) That the registrant or applicant has violated § 5-65-3.

     (2) That the insurance required by § 5-65-7 is not currently in effect.

     (3) That the registrant, licensee or applicant has engaged in conduct as a contractor that is

dishonest or fraudulent that the board finds injurious to the welfare of the public.

     (4) Has violated a rule or order of the board.

     (5) That the registrant has knowingly assisted an unregistered person to act in violation of

this chapter.

     (6) That a lien was filed on a structure under chapter 28 of title 34 because the registrant or

applicant wrongfully failed to perform a contractual duty to pay money to the person claiming the

lien.

     (7) That the registrant has substantially violated state or local building codes.

     (8) That the registrant has made false or fraudulent statements on his or her application.

     (9) That a registrant has engaged in repeated acts in violation of this chapter and the board's

rules and regulations inclusive of substandard workmanship and any misuse of registration.

     (10) The board may take disciplinary action against a contractor who performed work or

arranged to perform, while the registration was suspended, invalidated or revoked. Deposits

received by a contractor and ordered returned are not considered a monetary award when no

services or supplies have been received.

     (11) That the registrant breached a contract.

     (12) That the registrant performed negligent and/or improper work.

     (13) That the registrant has advertised with a license number instead of using a registration

number.

     (14) That the registrant has failed to complete a project(s) for construction or a willful

failure to comply with the terms of a contract or written warranty.

     (15) That the registrant has misrepresented his registration status as valid when said

registration is suspended, revoked, invalidated, inactive or unregistered as required by the board.

     (16) That the registrant has failed to pay a fine or comply with any order issued by the

board.

     (17) That the registrant has failed to obtain or maintain the required continuing

education/units required by the board, or failed to sign the affidavit statement required by the board

for registration or renewal.

     (18) When a violation for hiring a non-registered contractor, working as a non-registered

contractor, or not maintaining the insurance required is issued, the registration may become

invalidated until the violation is resolved or hearing is requested on this offense.

     (19) That the registrant has violated any of the provisions of chapters 25-3, 28-3, 28-12,

28-14, 28-36, 28-50, and/or 37-13. A finding that the registrant has violated any of those chapters

shall not be grounds for imposition of a monetary penalty under subsection (c) below.

     (b) In addition to all other remedies, when it appears to the board that a person has engaged

in, or is engaging in, any act, practice or transaction which violates the provisions of this chapter,

the board may direct the attorney general to apply to the court for an injunction restraining the

person from violating the provisions of this chapter. An injunction shall not be issued for failure to

maintain the list provided for in § 5-65-3(h) unless the court determines that the failure is

intentional.

     (c)(1) For each first violation of a particular section of this chapter or any rule or regulation

promulgated by the board, a fine not to exceed five thousand dollars ($5,000) may be imposed after

a hearing by the board. Provided, further, that the board at its discretion may, after a hearing, impose

an additional fine up to but not to exceed the face value of the contract or the actual damages caused

by the contractor, whichever shall be greater. Where the claim is for actual damages the board shall

require proof satisfactory to the board indicating said damages. Where corrective work is completed

as ordered by the board, the fine assessed may be reduced as determined by the board. Fines and

decisions on claims or violations inclusive of monetary awards can be imposed against registered

as well as contractors required to be registered by the board.

     (2) For each subsequent violation of a particular subsection of this chapter or of a rule or

regulation promulgated by the board, a fine not to exceed ten thousand dollars ($10,000) may be

imposed after a hearing by the board. All fines collected by the board shall be deposited as general

revenues until June 30, 2008 to be used to enforce the provisions of this chapter. Beginning July 1,

2008, all fines collected by the board shall be deposited into a restricted receipt account to be used

to enforce the provisions of this chapter.

     (3) For the first violation of § 5-65-3, only for non-registered contractors, a fine of up to

five thousand dollars ($5,000) for a first offense and up to ten thousand dollars ($10,000) for each

subsequent offense shall be imposed.

     (d) The hearing officer, upon rendering a conclusion may require the registrant, in lieu of

a fine, to attend continuing education courses as appropriate. Failure to adhere to the requirement

could result in immediate revocation of registration.

     (e) The expiration of a registration by operation of law or by order or decision of the board

or a court, or the voluntary surrender of registration by the registrant, does not deprive the board of

jurisdiction, an action or disciplinary proceeding against the registrant or to render a decision

suspending or revoking a registration.

     (f) In emergency situations, when a registrant is acting to the detriment of the health,

welfare and safety of the general public, the board's executive director of the department of business

regulation or the director’s designee may revoke or suspend a registration without a hearing for just

cause for a period of thirty (30) days.

     (g) A registrant may petition the board to partially or completely expunge his or her record

provided that notice of said expungement proceedings has been provided to the claimant who was

the subject of the violation. For purposes of this subsection "notice" shall consist of a mailing to

the last known address of the claimant and need not be actual notice.

     (h) Any person or contractor, registered or not, who uses another contractor's registration,

contractor's registration identification card, or allows another person to use their contractor's

registration fraudulently in any way, will be subject to a fine not exceeding ten thousand dollars

($10,000).

     (i) When the use of fraudulent advertising entices an individual to hire an unregistered

contractor, a fine of up to ten thousand dollars ($10,000) may be imposed by the board.

     (j) It shall be unlawful to retain a social security number or copy of the driver's license from

a registrant by a building official as a condition of obtaining a permit.

     (k) The board is further authorized upon certain findings or violations to:

     (1) Put a lien on property held by a contractor.

     (2) Take action on registrant when the continuing education requirements have failed to be

attained as required in rules and regulations.

     (3) When upon investigation a complaint reveals: serious code infractions; unsatisfied

mechanic's liens; abandonment of a job for a substantial period of time without apparent cause; or

any other conduct detrimental to the public, the board can double the fines.

     (4) Suspend, revoke or refuse to issue, reinstate or reissue a certificate of registration to

any registrant who has contracted, advertised, offered to contract or submitted a bid when the

contractor's registration is suspended, revoked, invalidated or inactive or unregistered as required

by the board.

     (l) No person shall register as a contractor with the contractors' registration board for the

purpose of deceiving or circumventing the registration process by enabling a person whose

registration has been suspended or revoked to conduct business. Provided, further, that any person

who, in good faith relies on the board or the contractor's registration website for information

regarding registration status of another shall be exempt from violations pursuant to this section if

the information is not correct. Violators of this section shall be jointly and individually liable for

damages resulting from their activities as contractors pursuant to this chapter. Violations of this

subsection may result in a revocation of registration and/or fines not to exceed ten thousand dollars

($10,000) and/or up to one year in jail. Furthermore, the director of the department of business

regulation or the director’s designee shall require that all applicants for registration shall swear by

way of affidavit sign a statement that they are aware of this provision and its implications.

     (m) Upon receipt of notice of a final determination, after the exhaustion of all appeals, by

the department of labor and training, consent agreement, or court order that a registered contractor

violated any of the provisions of chapters 25-3, 28-3, 28-12, 28-14, 28-36, 28-50, and/or 37-13 and

owes any wages, benefits or other sums arising out of such violation, the board shall immediately

suspend the contractor's registration of such contractor in accordance with this subsection. The

suspension shall continue until all wages, benefits, or other sums owed have been paid or the

contractor has entered into a written, binding agreement to pay the same acceptable to the

department of labor and training and is not in default in payment under such agreement. If the

contractor fails to remain current in payment under any such agreement, the department of labor

and training shall notify the contractors' registration board and the suspension shall be imposed or

reinstated as the case may be. The foregoing sanction is mandatory, but shall not be grounds for

imposition of a monetary penalty under subsection (c) above.

     (n) When the registration of a contractor has been revoked or suspended, neither the

contractor nor any successor entity or sole proprietorship that: (1) Has one or more of the same

principals or officers as the partnership, limited partnership, limited liability partnership, joint

venture, limited liability company, corporation, or sole proprietorship as the subject contractor; and

(2) Is engaged in the same or equivalent trade or activity shall be qualified to register or retain a

registration as a contractor under this chapter, unless and until the board shall determine that the

basis of the revocation or suspension has been satisfied or removed and that the registrant or

applicant otherwise satisfies the requirements for registration under this chapter. Notwithstanding

the foregoing, a natural person may obtain relief from the application and enforcement of this

subsection as to him or her, if he or she can establish that he or she was not responsible for, and did

not acquiesce to the misconduct which is the basis of the revocation, suspension or denial of

registration.

     5-65-15. Officers -- Quorum -- Compensation and expenses.

     (a) The board shall select from among its members a chairperson, a vice chairperson and

any other officers for the terms and with the duties and powers necessary for the performance of

their duties that the board determines.

     (b) A majority of the members of the board shall constitute a quorum for the transaction of

business.

     (c) The board shall have an executive director a member of staff who shall attend all

meetings and shall direct the conduct of any investigation which may be necessary in the

preparation of any hearing. The executive director shall be a member of the classified service on

the staff of the state building commissioner and shall be compensated as appropriate for the required

expertise.

     5-65-15.1. Staff.

     (a) The state building code commission shall provide the board with appropriate staff,

including hearing officials and investigators, who shall perform their duties under the

administrative supervision of the executive director of the department of business regulation or the

director’s designee.

     (b) The board may delegate the powers, functions and duties to the provided staff.

     5-65-20. Administrative hearings.

     (a) Contested claims or cases, contested enforcement proceedings, and contested

administrative fines shall be heard, in accordance with the Administrative Procedures Act, chapter

35 of title 42, and the administrative regulations promulgated by the board, by the hearings

officer(s) assigned by the executive director of the department of business regulation or the

director’s designee of the board.

     (b) The board has jurisdiction to hear appeals from decisions of the hearing officer(s), and

may by regulation impose a filing fee, not to exceed twenty dollars ($20.00), for any appeal.

     (c) Notwithstanding the preceding, the executive director of the department of business

regulation or the director’s designee for the board is authorized to resolve contested enforcement

or claim proceedings through informal disposition pursuant to regulations promulgated by the

board.

     SECTION 5. Section 5-65.2-3 of the General Laws in Chapter 5-65.2 entitled "Rhode

Island Well-Drilling, Pump Installers, and Water-Filtration Contractors Licensing Law" is hereby

amended to read as follows:

     5-65.2-3. Licensing procedure.

     (a) In addition to the provisions of chapter 65 of title 5, the contractors' registration and

licensing board is authorized to establish a program to license well-drilling contractors, pump

installers, water-filtration/treatment-system contractors, and water-filtration/treatment-system

installers to ensure persons performing well-drilling work, pump installation, and residential water-

filtration/treatment-system installation as properly qualified to conduct the work. On or before

January 1, 2017, the board shall promulgate regulations to establish a licensing program that

provides for appropriate categories of work to ensure proper qualifications pertaining to the use of

different equipment and approaches to construct, install, repair, alter, or remove wells, well pumps,

water-supply systems, residential water-treatment/supply systems, and water-filtration systems,

and that will allow well-drilling contractors, pump installers, or residential water-

filtration/treatment-system contractors and residential water-filtration/treatment-system installers,

as described herein, to fulfill the relevant requirements of chapter 65 of title 5 through the licensing

program. Upon promulgation of applicable regulations, the license issued by the board to a

contractor shall serve to fulfill the contractor registration requirements of chapter 65 of title 5.

     (b) Pursuant to board regulations, all persons seeking to be licensed as a well-drilling

contractor, pump installer, residential water-filtration/treatment-system contractor, or residential

water-filtration/treatment-system installer as defined herein shall submit an application to the

contractors' registration and licensing board on the form or forms that the board requires. As

specified by the board, the application shall include the following information:

     (1) The name of the applicant;

     (2) The business address of the applicant;

     (3) The mailing address of the applicant;

     (4) The telephone number of the applicant;

     (5) Any registration number and/or other license numbers issued by the state, or any city

or town;

     (6) A statement of the skills, training, and experience of the applicant sufficient to ensure

public safety, health and welfare; and

     (7) Agent of service for out-of-state contractors.

     (c) To be eligible for licensure as a well-drilling contractor, pump installer, residential

water-filtration/treatment-system contractor, or residential water-filtration/treatment-system

installer, an applicant shall also fulfill the following requirements:

     (1) Be of good moral character;

     (3 2) Pass appropriate examinations approved or administered by the contractors'

registration and licensing board, unless otherwise exempted in accordance with § 5-65-3(g), and

has met all the requirements of the rules and regulations established by the board;

     (4 3) Be in good standing with the contractors' registration and licensing board;

     (4) Take five (5) hours continuing education per year as set forth and recognized by the

contractors' registration and licensing board.

     (d) The contractors' registration and licensing board is authorized to adopt rules and

regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, necessary to

effectuate the purpose of this chapter. Rules and regulations shall provide a fine schedule, which

will establish grounds for discipline for license holders or non-licensed contractors. Fines shall be

structured not to exceed five thousand ($5,000) dollars per day, per offense for conduct injurious

to the welfare of the public, as well as those required pursuant to § 5-65-10.

     (e) Any person applying for a license or registration and making any material misstatement

as to his or her experience or other qualifications, or any person, firm, or corporation subscribing

to or vouching for any misstatement, shall be subject to the discipline and penalties provided in §

5-65-10.

     (f) No corporation, firm, association, or partnership shall engage in the business of well

drilling, pump installation, water-filtration/treatment-system contracting, or represent itself as a

well-drilling contractor, pump installer, or water-filtration/treatment-system contractor, unless a

licensed well-drilling contractor, pump installer, or water-filtration/treatment-system contractor, as

provided in this chapter, is continuously engaged in the supervision of its well-drilling, pump-

installing, or water-filtration/treatment-system contracting work. If the license holder dies or

otherwise becomes incapacitated, the corporation, firm, or association shall be allowed to continue

to operate until the next examination shall be given or such times as the board shall see fit. In no

event, shall the corporation, firm, association, or partnership continue to operate longer than twelve

(12) months or in accordance with the board's established rules and regulations without satisfying

the license requirements of this chapter.

     (g) Those well-drilling contractors who were previously registered with the department of

environmental management, and remain in good standing as of December 31, 2012, and that were

previously exempted from fulfilling the testing requirements required for registration by the

department, shall also be exempt from the testing requirements set forth in this chapter.

     (h) Prior to January 1, 2018, the authority shall, without examination, upon receipt of the

fees required in this chapter, issue through the contractors' registration and licensing board a

residential water-filtration/treatment-system installer's license to any applicant who shall present

satisfactory evidence that they have the qualifications for the type of license applied for. After

January 1, 2018, in order to qualify for a residential water-filtration/treatment installer's license the

eligible individual shall be required to pass a written examination and show proof as required by

the contractors' registration and licensing board of their eligibility.

     (i) Satisfactory evidence shall be any of the following that is applicable:

     (1) The applicant must have been employed by a contractor registered with the contractors'

registration and licensing board to do business designating water-filtration/treatment-system

installation and/or service as a service provided for the previous one year and been actively engaged

in the installation and servicing of water-filtration/treatment systems during that time period; or

     (2) Notarized confirmation Confirmation by three (3) water-filtration/treatment-system

contractors that the applicant has the requisite training and experience to be licensed under this act.

     (j) Prior to January 1, 2018, the authority shall, without examination, upon receipt of the

fees required in this chapter, issue through the contractors' registration and licensing board, a

residential water-filtration/treatment-system contractor's license to any applicant who shall present

satisfactory evidence that they have the qualifications for the type of license applied for. After

January 1, 2018, in order to qualify for a residential water-filtration/treatment contractor's license,

the eligible contractor shall be required to pass a written examination and show proof, as required

by the contractors' registration and licensing board, of their eligibility.

     (k) Satisfactory evidence shall be any of the following that is applicable:

     (1) The owner or owners of an enterprise must have been active in water filtration for the

previous two (2) years; or

     (2) The contractor has been previously registered with the contractors' registration and

licensing board to do business designating water-filtration/treatment system installation and/or

service as a provided service; or

     (3) Notarized confirmation Confirmation by three (3) water-filtration/treatment-system

contractors that the applicant has the requisite training and experience to be licensed under this act.

     SECTION 6. Section 5-71-8 of the General Laws in Chapter 5-71 entitled "Licensure of

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

     5-71-8. Qualifications of applicants for licenses.

     (a) To be eligible for licensure by the board as an interpreter for the deaf or transliterator,

the applicant must submit written evidence on forms furnished by the department, verified by oath,

that the applicant meets all of the following requirements:

     (1) Is of good moral character;

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

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

approved by the department in consultation with the board;

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

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

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

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

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

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

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

proof of successful completion of the educational interpreter performance assessment (EIPA),

written and performance tests, or a similar test as approved by the board, at a performance level

established by the board.

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

issued within another state has been revoked, suspended, or currently placed on probation shall not

be eligible for consideration for licensure unless they have first disclosed to the department about

such disciplinary actions.

     SECTION 7. Section 5-73-3 of the General Laws in Chapter 5-73 entitled "Roofing

Contractors" is hereby amended to read as follows:

     5-73-3. Registration and licensing of roofing contractors.

     (a) All roofing contractors, in addition to the requirements of chapter 65 of this title entitled

"Contractor's' Registration and Licensing Board", if applicable, prior to conducting roofing

business in the state of Rhode Island, shall first submit an application to and be licensed by the

contractors' registration and licensing board on the form or forms that the board requires. The

application shall include the following information:

     (1) The name of the applicant;

     (2) The business address of the applicant;

     (3) The mailing address of the applicant;

     (4) The telephone number of the applicant;

     (5) The name of the party or officer who shall be responsible for all roofing activities

conducted in the state of Rhode Island;

     (6) Any registration number and/or other license numbers issued by the state, or any city

or town; and

     (7) A statement of the skills, training and experience of the applicant sufficient to ensure

public safety, health and welfare.

     (b) Licensing requirements shall not apply to roofing contractors applying shingles only.

     (c) To be eligible for licensure as a roofing contractor an applicant shall also fulfill the

following requirements:

     (1) Be of good moral character;

     (2) Pass an examination approved or administered by the contractors' registration and

licensing board or has previously been registered as a commercial roofer in good standing and has

met all the requirements of the rules and regulations established by the board;

     (3) Be in good standing with the contractors' registration and licensing board;

     (4) All field personnel of the roofing contractor must have a current certificate of

completion of the ten (10) hours OSHA safety course or equivalent thereof as determined by the

contractors' registration and licensing board;

     (5) (4)Take ten (10) hours continuing roofing education per year two-year licensing cycle

as set forth and recognized by the contractors' registration board;

     (6) Be bonded in the aggregate amount of the total dollar value of any contract entered into

to perform roofing work; single project in the amount of one hundred thousand dollars ($100,000)

minimum; and

     (7) (5) Provide the board with an insurance certificate in the amount of one million five

hundred thousand dollars ($1,500,000) two million dollars ($2,000,000) per occurrence pursuant

to the established rules and regulations, with the board as the holder, from the date of issuance,

continuously.

     (d)(1) The contractors' registration and licensing board is authorized to adopt rules and

regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, necessary to

effectuate the purposes of this chapter.

     (2) Rules and regulations shall provide a fine schedule, which will establish grounds for

discipline for licensee holders or non-licensed contractors.

     (3) Fines shall be structured not to exceed five thousand dollars ($5,000) per day per

offense for conduct injurious to the welfare of the public as well as those required pursuant to § 5-

65-10.

     (e) Any person applying for a license or registration and making any material misstatement

as to his or her experience or other qualifications, or any person, firm, or corporation subscribing

to or vouching for any misstatement shall be subject to the discipline and penalties provided in §

5-65-10.

     (f) No corporation, firm, association, or partnership shall engage in the business of

commercial roofing or represent itself as a commercial roofing contractor unless a licensed

commercial roofer as provided in this chapter is continuously engaged in the supervision of its

commercial roofing work, provided that the commercial roofer is a general partner or an officer

and shareholder in the firm or corporation. If the license holder dies or otherwise becomes

incapacitated, the corporation, firm, or association shall be allowed to continue to operate until the

next examination shall be given or such times as the board shall see fit. In no event, shall the

corporation, firm, association, or partnership continue to operate longer than twelve (12) months

or in accordance with the board's established rules and regulations without satisfying the license

requirements of this chapter. Those roofers who have been registered with the board on July 1,

2003 2015, and remain in good standing, shall be exempt from the testing requirements set forth in

this chapter.

     (g) Complaints filed with the board shall be heard only in regard to those issues so

established in the rules and regulations.

     SECTION 8. Chapter 9-5 of the General Laws entitled "Writs, Summons and Process" is

hereby amended by adding thereto the following section:

     9-5-10.7. Penalties.

     Any constable who violates any of the provisions of this chapter or any regulations

promulgated hereunder pertaining to constables or any person who engages in activities requiring

certification as a constable without such certification shall be subject to payment of a civil penalty

not to exceed one thousand dollars ($1,000) for each violation.

     SECTION 9. 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.

     When it appears to the director of business regulation 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, the director of business regulation labor and training may cause to be instituted an

action, commenced in the name of the director of business regulation labor and training in his

capacity as director of business regulation 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 without regard to whether criminal

proceedings have been or may be instituted.

     SECTION 10. Section 23-19.14-4 of the General Laws in Chapter 23-19.14 entitled

"Industrial Property Remediation and Reuse Act" is hereby amended to read as follows:

     23-19.14-4. Objectives of environmental clean-up.

     (a) The department of environmental management will develop, maintain and publish

numerical objectives for the most commonly found hazardous substances. These objectives will be

applicable for the clean-up of contaminated properties to levels which are protective of human

health and the environment based on current and reasonably foreseeable future use of a property

and the surrounding natural resources. To further ensure the safety of school children while

attending school, the department of environmental management, shall:

     (1) Adopt numerical objectives for properties dedicated to school use equivalent to the

numerical objectives set by the department for residential use of such properties;

     (2) Evaluate chemicals of concern for vapor intrusion and adopt numerical objectives for

those contaminants in soil and groundwater where such standards do not already exist in regulation

and apply the numerical objectives for residential use established for said chemicals and petroleum

to properties dedicated to school use; and

     (3) Develop and adopt procedures for determining whether levels of chemicals of potential

concern for vapor intrusion and petroleum in soil or groundwater pose a reasonable potential for

migration of contaminated vapors or gases into structures to be utilized as school facilities.

     (b)(1) The construction of any new school building; or

     (2) Construction of an addition to any existing school building; or

     (3) Leasing of any portion of an existing building to serve as a school shall be prohibited

on any portion of a parcel of property for which, upon occupancy, there exists an ongoing potential

for hazardous materials and/or petroleum to migrate as vapors or gases into the building from the

subsurface of the parcel of property, unless:

     (i) At a property where concentrations of chemicals of potential concern for vapor intrusion

or petroleum in the subsurface exceed the residential direct exposure criteria in soil, source areas

of said chemicals or petroleum within the vadose zone of the site that includes said property shall

be remediated:

     (A) Through the physical removal of said chemicals or petroleum through excavation or in

situ treatment; and

     (B) The school building shall be equipped with both a passive sub slab ventilation system

capable of conversion to an active system and a vapor barrier beneath the school building or

incorporated in the concrete slab, all in compliance with an approved department of environmental

management remedial action work plan and completed prior to the occupancy of the school;

     (ii) At a property where concentrations of chemicals of potential concern for vapor

intrusion or petroleum in the subsurface do not exceed the residential direct exposure criteria in soil

but contamination exists on the property due to the presence of any chemicals of potential concern

for vapor intrusion or petroleum in groundwater, the department of environmental management

shall:

     (A) Require the property's owner or operator to prepare a site specific conceptual site model

and conduct soil gas sampling to determine the location of the source area of said chemicals or

petroleum in the site's vadose zone;

     (B) Evaluate the results of said model and sampling to determine if levels of any chemicals

of potential concern for vapor intrusion or petroleum could migrate as vapors or gases into the

occupied portions of the building where the school is proposed based on procedures developed

pursuant to this chapter; and

     (C) Where the department determines that the conceptual site model and environmental

sampling demonstrates that there is a credible threat of reasonable potential for migration of

contaminated vapors or gases into the proposed school buildings is determined to exist, the

department shall require remediation to eliminate said potential as follows:

     (I) Where the source area is located on the site that includes said property, requiring the

physical removal of said chemicals or petroleum in the source area in the vadose zone through

excavation or in situ treatment; provided, the concentrations of said chemicals or petroleum in said

source area exceed the direct residential exposure criteria in soil; and

     (II) Requiring the installation of both a passive sub slab ventilation system capable of

conversion to an active system and a vapor barrier beneath the school building or incorporated in

the concrete slab, all in compliance with an approved department of environmental management

remedial action work plan and completed prior to the occupancy of the school; and, provided

further, should monitoring of a passive sub-slab ventilation system indicate that active ventilation

is necessary to protect the health and safety of users of a school equipped with a passive system,

the department of environmental management shall require conversion of the passive system to an

active system along with financial assurances to provide for the funding of the operation and

monitoring of said active system for as long as active ventilation is deemed necessary by the

department.

     (iii) At a property where concentrations of chemicals of potential concern for vapor

intrusion or petroleum in the subsurface do not exceed the residential direct exposure criteria in soil

on the site that includes said property, and where the department has determined that levels of any

chemicals of potential concern for vapor intrusion or petroleum will not present a reasonable

potential for migration of contaminated vapors or gases into structures to be utilized as school

facilities on the property, the property may be used for school purposes subject to any conditions

that the department of environmental management may impose pursuant to this chapter.

     (c) The construction of any school building, or construction of an addition to any existing

school building, or leasing of any portion of an existing building to serve as a school on any portion

of a parcel of property formerly used for industrial, manufacturing or landfill purposes that is

contaminated by hazardous materials, shall be prohibited unless at least thirty (30) days prior to

selecting the location for construction or leasing the building the project sponsor undertakes all of

the following measures with ten (10) days prior written notice to the public of each measure

undertaken:

     (1) Prepares and posts on the sponsor's website a written report that: (i) Projects the costs

to acquire or lease the property, and to cleanup and maintain the property in accordance with the

department of environmental management's Rules and Regulations for the Investigation and

Remediation of Hazardous Material Releases (the Remediation Regulations); (ii) Projects the time

period required to complete a cleanup of the property for school purposes prior to occupancy by

obtaining either an Interim Letter of Compliance, a Letter of Compliance or a Non-Jurisdictional

Letter indicating that the property is not jurisdictional under the Remediation Regulations of the

department of environmental management; (iii) Discusses the rationale for selecting the property

for use as school purposes and an explanation of any alternatives to selecting said property

considered by the project sponsor;

     (2) Solicits written comments on the report prepared pursuant to subdivision (1) of this

subsection for a period of at least thirty (30) days after posting said report on the sponsors website

and conducts a public hearing during said thirty (30) day period at which public comment is taken

on said report; and

     (3) Prepares a second written report that summarizes and responds to the public comments

received during the public comment period and at the public hearing and posts said second report

on the sponsor's website.

     (d) The sponsor of any school project subject to the provisions of subsection (c) of this

section shall consider the results and findings contained in the reports required by subsection (c)

when selecting the location of said project.

     (e) As used in this section.

     (1) The term "school" means any residential or non-residential school building, public,

private or charter, of any city or town or community educational system regulated, directly or

secondarily, by the council on elementary and secondary education or the department of elementary

and secondary education or any other state education board or local city or town school board or

school committee or other legal educational subdivision acting under it. As used in this chapter, the

term "school or schools" includes, but is not limited to, school playgrounds, school administration

buildings, indoor school athletic facilities, school gymnasiums, school locker rooms, and similar

school buildings. A school shall not include any institutions for education of adults (e.g. colleges,

universities, graduate schools, trade schools) or child-care facilities as regulated by the department

of children, youth and families.

     (2) The term "landfill" means for the purposes of this section, any portion of a parcel of

property that was used as a landfill as defined in § 23-19.1-4 or a sanitary landfill, dump or other

disposal area where more than thirty (30) cubic yards of solid waste was disposed.

     (3) The term "hazardous materials" means any materials defined as hazardous materials

pursuant to § 23-19.14-3.

     (4) The term "solid waste" means any materials defined as solid waste pursuant to § 23-

18.9-7.

     (5) The term "chemicals of potential concern for vapor intrusion" means those chemicals

that the U.S. Environmental Protection Agency recommends for routine evaluation during vapor

intrusion assessments in said Agency's most recent guidance on the assessment of vapor intrusion

into indoor air from subsurface sources, and any other chemicals that the department of

environmental management may recommend for said routine evaluation.

     (6) The term "source area" means the horizontal and vertical extent of natural or man-made

media impacted by a release of hazardous materials or causing a release of hazardous materials at

concentrations in excess of the numerical objectives developed pursuant to paragraph (a) of this

section.

     (7) The term "vadose zone" means the full extent of the soil column existing above the

elevation of groundwater.

     (8) The term "conceptual site model" means a written and/or illustrative representation of

the physical, chemical and biological processes that control the transport, migration and actual or

potential impacts of hazardous materials in soil, air, groundwater, surface water and/or sediments

to human and/or ecological receptors at a site.

     (f) The provisions of this section shall not apply to the renovation or reconstruction of any

building for school purposes that was used continuously as a school for a period of at least twenty-

five (25) years where: (1) The footprint of the building after renovation or reconstruction does not

exceed more than five percent (5%) of the current footprint of the building; and (2) The site of the

building is not subject to a remedial action work plan approved by the department of environmental

management.

     SECTION 11. Sections 23-26-7.1, 23-26-11 through 23-26-13, 23-26-15, 23-26-25

through 23-26-27, 23-26-30 and 23-26-31 Chapter 23-26 of the General Laws entitled "Bedding

and Upholstered Furniture" are hereby amended to read as follows:

     23-26-7.1. Sterilization, disinfection and disinfestation of bedding and materials.

     (a) No person shall sell, offer for sale or include in a sale any item of secondhand bedding

or any item of bedding of any type manufactured in whole or in part from secondhand material,

including their component parts or wiping rags, unless such material has been sterilized, disinfected

and cleaned, by a method approved by the department of business regulation; provided, further,

that any product used for sterilization or disinfection of secondhand bedding must be registered as

consumer and health benefit products and labeled for use on bedding and upholstered furniture by

the EPA in accordance with § 23-25-6 of this title. The department of business regulation shall

promulgate rules and regulations consistent with the provisions of this chapter.

     (b) No person shall use in the manufacture, repair and renovation of bedding of any type

any material which has been used by a person with an infectious or contagious disease, or which is

filthy, oily or harbors loathsome insects or pathogenic bacteria.

     (c) No person shall sell, or offer for sale or include in a sale any material or bedding which

under the provisions of this chapter or regulations requires treatment unless there is securely

attached in accordance with regulations, a yellow tag not less than twelve square inches in size,

made of substantial cloth or a material of equal quality. Upon the tag there shall be plainly printed,

in black ink, in the English language, a statement showing:

     (1) That the item or material has been treated by a method approved by the department of

business regulation, and the method of treatment applied.

     (2) The lot number and the tag number of the item treated.

     (3) The license registration number of the person applying treatment.

     (4) The name and address of the person for whom treated.

     (d) The tag required by this section shall be in addition to any other tag required pursuant

to the provisions of this chapter. Holders of licenses registrations to apply sterilization, disinfection

or disinfestation treatment shall be required to keep an accurate record of all materials which have

been subjected to treatment, including the source of material, date of treatment, and the name and

address of the receiver of each. Such records shall be available for inspection at any time by

authorized representatives of the department.

     (e) Violations of this section shall be punishable by a fine not to exceed five hundred dollars

($500).

     23-26-11. Counterfeit stamps and permits registrations.

     No person shall have in his or her possession or shall make, use, or sell any counterfeit or

colorable imitation of the inspection stamp or permit registration required by this chapter. Each

counterfeited or imitated stamp or permit registration made, used, sold, offered for sale, delivered,

or consigned for sale contrary to the provisions of this chapter shall constitute a separate offense.

     23-26-12. Sterilization permits registrations.

     Any sterilization process, before being used in connection with this chapter, must receive

the approval of the director. Every person, firm, or corporation desiring to operate the sterilization

process shall first obtain a numbered permit registration from the director and shall not operate the

process unless the permit registration is kept conspicuously posted in the establishment. Fee for

original permit registration shall be eighty-four dollars ($84.00). Application for the permit

registration shall be accompanied by specifications in duplicate, in such form as the director shall

require. Each permit registration shall expire one year from date of issue. Fee for annual renewal

of a sterilizing permit registration shall be one-half (1 / 2) the original fee.

     23-26-13. Contents of tag on bedding articles for sale.

     Every article of bedding made for sale, sold, or offered for sale shall have attached thereto

a tag which shall state the name of the material used, that the material used is new, or second-hand

and, when required to be sterilized, that the material has been sterilized, and the number of the

sterilizing permit registration. The tag shall also contain the name and address of the maker or the

vendor and the registry number of the maker. All tags attached to new articles shall be legibly

stamped or marked by the retail vendor with the date of delivery to the customer.

     23-26-15. Contents of tag on shipments of filling material.

     Any shipment or delivery, however contained, of material used for filling articles of

bedding shall have firmly and conspicuously attached thereto a tag which shall state the name of

the maker, preparer or vendor, and the address of the maker, preparer, or vendor, the name of the

contents and whether the contents are new or second-hand, and, if sterilized, the number of the

sterilizing permit registration.

     23-26-25. Rules, regulations, and findings -- Suspension or revocation of permits

registrations. [Effective until July 1, 2019.]

     The director is hereby authorized and empowered to make general rules and regulations

and specific rulings, demands, and findings for the enforcement of this chapter, in addition hereto

and not inconsistent herewith. The director may suspend or revoke any permit or registration for

violation of any provision of this chapter, or any rule, regulation, ruling, or demand made pursuant

to the authority granted by this chapter.

     23-26-25. Rules, regulations, and findings -- Suspension or revocation of permits

registrations. [Effective July 1, 2019.]

     (a) The director is hereby authorized and empowered to make general rules and regulations

and specific rulings, demands, and findings for the enforcement of this chapter, in addition hereto

and not inconsistent herewith. The director may suspend or revoke any permit or registration for

violation of any provision of this chapter, or any rule, regulation, ruling, or demand made pursuant

to the authority granted by this chapter.

     (b) The director of the department of health shall investigate and enforce the provisions of

§ 23-26-3.1, and promulgate rules and regulations deemed necessary to enforce it.

     23-26-26. Appeal of director's decisions.

     Any person aggrieved by the action of the director in denying an application for a permit

or for registration, or in revoking or suspending any permit or registration, or by any order or

decision of the director, shall have the right to appeal to the supreme court and the procedure in

case of the appeal shall be the same as that provided in § 42-35-15.

     23-26-27. Penalty for violations. [Effective until July 1, 2019.]

     Any person who:

     (1) Makes, remakes, renovates, sterilizes, prepares, sells, or offers for sale, exchange, or

lease any article of bedding as defined by § 23-26-1, not properly tagged as required by this chapter;

or

     (2) Uses in the making, remaking, renovating, or preparing of the article of bedding or in

preparing cotton or other material therefor which has been used as a mattress, pillow, or bedding

in any public or private hospital, or which has been used by or about any person having an infectious

or contagious disease, and which after such use has not been sterilized and approved for use, by the

director of business regulation; or

     (3) Counterfeits or imitates any stamp or permit registration issued under this chapter shall

be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500) or

by imprisonment for not more than six (6) months or both.

     23-26-27. Penalty for violations. [Effective July 1, 2019.]

     Any person who:

     (1) Makes, remakes, renovates, sterilizes, prepares, sells, or offers for sale, exchange, or

lease any article of bedding as defined by § 23-26-1, not properly tagged as required by this chapter;

or

     (2) Uses in the making, remaking, renovating, or preparing of the article of bedding or in

preparing cotton or other material therefor that has been used as a mattress, pillow, or bedding in

any public or private hospital, or that has been used by or about any person having an infectious or

contagious disease, and that after such use has not been sterilized and approved for use, by the

director of business regulation; or

     (3) Counterfeits or imitates any stamp or permit registration issued under this chapter shall

be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500) or

by imprisonment for not more than six (6) months or both.

     (4) Any person or entity who or that violates the provisions of § 23-26-3.1 shall be civilly

fined not to exceed five thousand dollars ($5,000) for the first violation and up to ten thousand

dollars ($10,000) for each subsequent violation.

     23-26-30. License Registration required -- Application -- Issuance and term of license

registration.

     No person shall be engaged: (1) as a manufacturer of articles of bedding for sale at

wholesale; (2) as a manufacturer of articles of bedding for sale at retail; (3) as a supply dealer; (4)

as a repairer-renovator; or (5) as a retailer of second-hand articles of bedding, unless he or she has

obtained the appropriate numbered license registration therefor from the director, who is hereby

empowered to issue the license registration. Application for the license registration shall be made

on forms provided by the director and shall contain such information as the director may deem

material and necessary. Based on the information furnished in the application and on any

investigation deemed necessary by the director, the applicant's classification shall be determined.

Each license registration issued by the director pursuant to this section shall be conspicuously

posted in the establishment of the person to whom issued. The director may withhold the issuance

of a license registration to any person who shall make any false statement in the application for a

license registration under this chapter. The director shall promulgate rules and regulations

mandating the term of license registration for each category of license registration issued pursuant

to this chapter; however, no license registration shall remain in force for a period in excess of three

(3) years. The fee for the initial issuance or renewal of a license registration shall be determined by

multiplying the per annum fee by the number of years in the term of the license registration. The

entire fee must be paid in full for the total number of years of license registration prior to the

issuance of the license registration.

     23-26-31. Fees.

     (a) The per annum fees imposed for licenses registrations issued pursuant to § 23-26-30

shall be as follows:

     (1) Every applicant classified as a manufacturer of articles of bedding for sale at wholesale

or retail or as a supply dealer shall pay, prior to the issuance of a general license registration, a per

annum fee of two hundred ten dollars ($210) and the licensee registrant may be engaged in any or

all of the following:

     (i) Manufacture of articles of bedding for sale at wholesale;

     (ii) Manufacture of articles of bedding for sale at retail;

     (iii) Supply dealer;

     (iv) Repairer-renovator.

     (2) Every applicant classified as a repairer-renovator or retailer of second-hand articles of

bedding shall pay, prior to the issuance of a limited license registration, a per annum fee of sixty

dollars ($60.00), and the licensee registrant may be engaged in any or all of the following:

     (i) Repairer-renovator;

     (ii) Retailer of second-hand articles of bedding; provided, however, that if a licensee

registrant is reclassified from one category to another which calls for a higher license registration

fee, he or she shall pay a pro rata share of the higher license registration fee for the unexpired period

and shall be issued a new license registration to expire on the expiration date of the original license

registration.

     (b) If, through error, a licensee registrant has been improperly classified as of the date of

issue of his or her current license registration, the proper fee for the entire period shall be payable.

Any overpayment shall be refunded to the licensee registrant. No refunds shall be allowed to any

licensee registrant who has discontinued business, or whose license registration has been revoked

or suspended or who has been reclassified to a category calling for a greater or lesser license

registration fee, except as provided herein. The fee shall be paid to the director of business

regulation. For reissuing a revoked or expired license registration the fee shall be the same as for

an original license registration.

     (c) All payments for registration fees, sterilization process, permits, fines and penalties,

and other money received under this chapter shall constitute inspection fees for the purpose of

enforcing this chapter.

     SECTION 12. 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 13. 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 14. 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 15. 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 16. 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 agency within the

executive branch.

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

     (5) “Vendor” shall mean any individual, firm, corporation, partnership or other entity,

including, but not limited to, employees, subcontractors, and/or agents of the vendor, who is

performing services for the state and has access, as defined herein, to FTI.

     (b) The agency head shall require a vendor’s employees, subcontractors and other agents

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 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,

subcontractor or other agent 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, subcontractors

or other agents, 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

employee, subcontractor or other agent 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 employees, subcontractors or other agents.

     (f) A vendor, or its employees, subcontractors or other agents, 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, subcontractor

or other agent who refuses to comply with this requirement, subject to written approval by the

agency head.

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

vendor employees, subcontractors or other agents, 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, subcontractor or other agent,

with a suitable person, subject to written approval by the agency head.

     (h) 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, subcontractors or agents 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 17. 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, shall apply to the Rhode Island bureau of criminal

identification, attorney general’s office, or the department of children, youth and families, 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 human services 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, 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) 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 the bureau of criminal

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

general to search the National Crime Information Center’s National Sex Offender Registry

and a search of the Rhode Island Sex Offender Registry. The criminal record checks and

the checks of the National Sex Offender Registry and the Rhode Island Sex Offender

Registry, as referenced in this section, shall be conducted for every five 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, 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.

     (f)(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.

     (g) (e) Failure to maintain that evidence on file will be prima facie grounds to revoke the

license or registration of the operator of the facility.

     (h) 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.

     SECTION 18. Section 41-5.2-2 of Chapter 41-5.2 of the General Laws in entitled "Mixed

Martial Arts" is hereby amended to read as follows:

     41-5.2-2. License required for mixed-martial-arts exhibitions – amateur exhibitions

exempt.

     (a) No mixed-martial-arts match or exhibition for a prize or a purse, or at which an

admission fee is charged, either directly or indirectly, in the form of dues or otherwise, shall take

place or be conducted in this state unless licensed by the division of gaming and athletics licensing

in accordance with this chapter; provided that the provisions of this chapter shall not apply to any

mixed-martial-arts match or exhibition in which the contestants are amateurs and that is conducted

under the supervision and control of:

     (1) Any educational institution recognized by the council on postsecondary education and

the council on elementary and secondary education of this state, or

     (2) Any religious or charitable organization or society engaged in the training of youth and

recognized as such by the division of gaming and athletics licensing of this state.

     (b) For the purposes of this section, an "amateur" shall be deemed to mean a person who

engages in mixed-martial-arts matches or exhibitions for which no cash prizes are awarded to the

participants, and for which the prize competed for, if any, shall not exceed in value the sum of

twenty-five dollars ($25.00). 

     SECTION 19. Chapter 41-5.2 of the General Laws entitled "Mixed Martial Arts" is hereby

amended by adding thereto the following section:

     41-5.2-30. Fees of officials.