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     ARTICLE 3

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RELATING TO GOVERNMENT REFORM AND REORGANIZATION

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     SECTION 1. Sections 5-65.1-4 and 5-65.1-5 of the General Laws in Chapter 5-65.1 entitled

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“Home Inspectors” is hereby amended to read as follows:

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     5-65.1-4. Eligibility for licensure as home inspector.

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(a) To be eligible for licensure as a home inspector, an applicant shall fulfill the following

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requirements:

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     (1) Be of good moral character;

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     (2) Have successfully completed high school or its equivalent;

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     (3) Have been engaged as a licensed associate home inspector for no less than one year,

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and have performed not less than one hundred (100) home inspections for compensation, or have

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been a registered/licensed contractor in good standing in any state for an aggregate of not less than

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five (5) years; and

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     (4) Have passed an examination approved or administered by the board. The examination

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may have been passed before the effective date of this chapter December 31, 2019.

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     (b) After the effective date of this chapter December 31, 2019 the board shall issue a license

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to any person upon application, provided that the applicant meets:

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     (1) The requirements of subdivisions (a)(1), (2) and (4) of this section, and either:

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     (i) Has been engaged in the practice of home inspections for compensation for not less than

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one year prior to the effective date of this chapter and has performed not less than one hundred

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(100) home inspections for compensation prior to the effective date of this chapter; or

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     (ii) Is a registered/licensed contractor in good standing in any state for an aggregate of not

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less than five (5) years; or

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     (2) The requirements of subdivisions (a)(1) and (2) of this section, and has been engaged

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in the practice of home inspections for compensation for not less than two (2) years and performed

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not less than one hundred fifty (150) home inspections for compensation prior to July 1,

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2013December 31, 2019.

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     5-65.1-5. Eligibility for licensure as associate home inspector.

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To be eligible for licensure as an associate home inspector, an applicant shall fulfill the

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following requirements:

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     (1) Be of good moral character;

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     (2) Have successfully completed high school or its equivalent;

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     (3) Have assisted in not less than fifty (50) home inspections in the presence of a licensed

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home inspector; and

 

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     (4) Have passed an examination approved or administered by the board. The examination

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may have been passed before July 1, 2013December 31, 2019.

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     SECTION 2. Section 5-65.2-3 of the General Laws in Chapter 5-65.2 entitled “Rhode

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

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amended to read as follows:

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     5-65.2-3. Licensing procedure.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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     (1) The name of the applicant;

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     (2) The business address of the applicant;

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     (3) The mailing address of the applicant;

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     (4) The telephone number of the applicant;

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

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or town;

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

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public safety, health and welfare; and

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

 

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

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

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installer, an applicant shall also fulfill the following requirements:

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     (1) Be of good moral character;

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

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and licensing board, unless otherwise exempted in accordance with § 5-65-3(g), and has met all the

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requirements of the rules and regulations established by the board;

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

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

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contractors' registration and licensing board.

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

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

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

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

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

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

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

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

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

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5-65-10.

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

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

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

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

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

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

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

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

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

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

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the license requirements of this chapter.

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

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environmental management, and remain in good standing as of December 31, 2012,2017 and that

 

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

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

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     (h) Prior to January 1, 2018 July 1, 2020, the authority shall, without examination, upon

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receipt of the fees required in this chapter, issue through the contractors' registration and licensing

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

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

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On or After after January 1, 2018July 1, 2020, in order to qualify for a residential water-

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filtration/treatment installer's license the eligible individual shall be required to pass a written

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examination and show proof as required by the contractors' registration and licensing board of their

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eligibility.

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

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

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

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

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

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     (2) Notarized confirmation Signed statements by three (3) water-filtration/treatment-

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system contractors that the applicant has the requisite training and experience to be licensed under

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this act.

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     (j) Prior to January 1, 2018July 1, 2020, the authority shall, without examination, upon

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receipt of the fees required in this chapter, issue through the contractors' registration and licensing

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

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

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On or After after January 1, 2018July 1, 2020, in order to qualify for a residential water-

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filtration/treatment-system contractor's license, the eligible contractor shall be required to pass a

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written examination and show proof, as required by the contractors' registration and licensing

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board, of their eligibility.

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

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

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previous two (2) years; or

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

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

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service as a provided service; or

 

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     (3) Notarized confirmation Signed Statements by three (3) water-filtration/treatment-

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system contractors that the applicant has the requisite training and experience to be licensed under

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this chapter.

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

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Contractors” is hereby amended to read as follows:

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

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

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

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

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registration and licensing board on the form or forms that the board requires. The application shall

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include the following information:

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(1) The name of the applicant;

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(2) The business address of the applicant;

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(3) The mailing address of the applicant;

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(4) The telephone number of the applicant;

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

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conducted in the state of Rhode Island;

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

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or town; and

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

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public safety, health and welfare.

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

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

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following requirements:

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(1) Be of good moral character;

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

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has previously been registered as a commercial roofer in good standing and has met all the

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requirements of the rules and regulations established by the board;

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

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

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

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contractors' registration and licensing board;

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

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forth and recognized by the contractors' registration board; and

 

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

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into to perform roofing work; single project in the amount of one hundred thousand dollars

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($100,000) minimum; and

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

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

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

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continuously.

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

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

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effectuate the purposes of this chapter.

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

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discipline for licensee holders or non-licensed contractors.

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

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

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65-10.

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

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

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

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5-65-10.

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

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

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

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

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

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

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

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

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

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

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20032015, and remain in good standing, shall be exempt from the testing requirements set forth in

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this chapter.

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

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established in the rules and regulations.

 

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SECTION 4. Section 12-19-34 of the General Laws in Chapter 12-19 entitled “Sentence

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and Execution” is hereby amended to read as follows:

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12-19-34. Priority of restitution payments to victims of crime.

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(a)(1) If a person, pursuant to §§ 12-19-32, 12-19-32.1, or 12-19-33, is ordered to make

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restitution in the form of monetary payment the court may order that it shall be made through

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the administrative office of state courts which shall record all payments and pay the money to

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the person injured in accordance with the order or with any modification of the order;

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provided, in cases where the court determines that the defendant has the present ability to

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make full restitution, payment shall be made at the time of sentencing.

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(2) Payments made on account when both restitution to a third-party is ordered, and court

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costs, fines, and fees, and assessments related to prosecution are owed, shall be disbursed by

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the administrative office of the state courts in the following priorities:

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(i) Upon determination of restitution, Court costs related to prosecution court ordered

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restitution payments shall be paid first to persons injured until such time as the court's

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restitution is fully satisfied until such time as these payments are made in full;

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(ii) Followed by the payment of court costs, fines, fees, and assessments related to

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prosecution court ordered restitution payments to persons injured until such time as the court

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ordered restitution is fully satisfied.

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(iii) Followed by the payment of court fines, fees, and assessments related to prosecution.

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(3) Notwithstanding any other provision of law, any interest which has been accrued by the

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restitution account in the central registry shall be deposited on a regular basis into the crime

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victim compensation fund, established by chapter 25 of this title. In the event that the office

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of the administrator of the state courts cannot locate the person or persons to whom restitution

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is to be made, the principal of the restitution payment shall escheat to the state pursuant to the

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provisions of chapter 12 of title 8.

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(b) The state is authorized to develop rules and/or regulations relating to assessment,

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collection, and disbursement of restitution payments when any of the following events occur:

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(1) The defendant is incarcerated or on home confinement or has completed probation

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without completing restitution but is able to pay some portion of the restitution; or

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(2) The victim dies before restitution payments are completed.

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(c) The state may maintain a civil action to place a lien on the personal or real property of a

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defendant who is assessed restitution, as well as to seek wage garnishment, and/or seek

 

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enforcement of civil judgment entered in accordance with § 12-28-5.1 consistent with state

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and federal law.

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SECTION 5. Section 21-28-5.04 of the General Laws in Chapter 21-28 entitled “Uniform

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Controlled Substance Act” is hereby amended to read as follows:

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     21-28-5.04. Forfeiture of property and money.

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     (a) Any property, real or personal, including, but not limited to, vessels, vehicles, or

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aircraft, and money or negotiable instruments, securities, or other things of value or any property

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constituting, or derived from any proceeds, furnished, or intended to be furnished, by any person

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for the transportation of, or in exchange for, a controlled substance and that has been, or is being

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used, in violation of § 21-28-4.01(a) or 21-28-4.01(b) or in, upon, or by means of which any

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violation of §§ 21-28-4.01(a) or 21-28-4.01(b) or §§ 21-28-4.01.1 or 21-28-4.01.2 or 21-28-4.08

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has taken, or is taking place, and all real property including any right, title, and interest in the whole

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of any lot or tract of land and any appurtenances or improvements that is used in the commission

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of a violation of §§ 21-28-4.01(a) or 21-28-4.01(b) or §§ 21-28-4.01.1 or 21-28-4.01.2 or 21-28-

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4.08, or that was purchased with funds obtained as a result of the commission of a violation of §§

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21-28-4.01(a) or §§ 21-28-4.01(b) or §§ 21-28-4.01.1 or 21-28-4.01.2 or 21-28-4.08, shall be seized

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and forfeited; provided that no property or money, as enumerated in this subsection, used by any

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person shall be forfeited under the provisions of this chapter unless it shall appear that the owner

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of the property or money had knowledge, actual or constructive, and was a consenting party to the

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alleged illegal act. All moneys, coin and currency, found in close proximity to forfeitable controlled

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substances, to forfeitable drug manufacturing or distributing paraphernalia, or to forfeitable records

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of the importation, manufacture, or distribution of controlled substances, are presumed to be

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unlawfully furnished in exchange for a controlled substance or used in violation of this chapter.

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The burden of proof is upon claimants of the property to rebut this presumption.

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     (b) Property taken or detained under this section shall not be repleviable, but shall be

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deemed to be in the custody of the law enforcement agency making the seizure and whenever

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property or money is forfeited under this chapter it shall be utilized as follows:

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     (1) Where the seized property is a vessel, vehicle, aircraft, or other personal property it

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may be retained and used by the law enforcement agency that seized the property where the use of

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the property is reasonably related to the law enforcement duties of the seizing agency. If the seized

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property is a motor vehicle that is inappropriate for use by the law enforcement agency due to style,

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size, or color, the seizing agency shall be allowed to apply the proceeds of sale or the trade-in value

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of the vehicle towards the purchase of an appropriate vehicle for use in activities reasonably related

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to law enforcement duties.

 

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     (2) The law enforcement agency may sell any forfeited property not required by this chapter

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to be destroyed and not harmful to the public. The proceeds from the sale are to be distributed in

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accordance with subdivision (3) of this subsection.

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     (3) As to the proceeds from the sale of seized property as referred to in subdivision (2) of

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this subsection, and as to moneys, coin and currency, negotiable instruments, securities, or other

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things of value as referred to in subsection (a) of this section, the distribution shall be as follows:

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     (i)(A) All proceeds of the forfeiture of real or personal property shall be distributed as

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follows: All costs of advertising administrative forfeitures shall first be deducted from the amount

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forfeited. Of the remainder, twenty percent (20%) of the proceeds shall be provided to the attorney

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general's department to be used for further drug-related law enforcement activities including, but

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not limited to, investigations, prosecutions, and the administration of this chapter; seventy percent

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(70%) of the proceeds shall be divided among the state and local law enforcement agencies

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proportionately based upon their contribution to the investigation of the criminal activity related to

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the asset being forfeited; and ten percent (10%) of the proceeds shall be provided to the department

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of health behavioral healthcare, developmental disabilities and hospitals for distribution to

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substance abuse prevention and treatment programs.

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     (B) The law enforcement agencies involved in the investigation, with the assistance of the

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attorney general, shall by agreement determine the respective proportionate share to be received by

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each agency. If the agencies are unable to reach agreement, application shall be made by one or

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more of the agencies involved to the presiding justice of the superior court who shall determine the

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respective proportionate share attributable to each law enforcement agency. The proceeds from all

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forfeitures shall be held by the general treasurer in a separate account until such time as an

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allocation is determined by agreement of the agencies or by the presiding justice. It shall be the

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duty and responsibility of the general treasurer to disburse the allocated funds from the separate

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account to the respective law enforcement agencies.

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     (ii) Each state or local law enforcement agency shall be entitled to keep the forfeited money

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or the proceeds from sales of forfeited property. The funds shall be used for law enforcement

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purposes and investigations of violations of this chapter. The funds received by a state law

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enforcement agency shall be maintained in a separate account by the general treasurer. The funds

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received by a local law enforcement agency shall be maintained in a separate account by the local

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agency's city or town treasurer.

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     (c)(1) There is established in the state's treasury a special fund to be known as the asset

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forfeiture fund in which shall be deposited the excess proceeds of forfeitures arising out of criminal

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acts occurring before July 1, 1987. The asset forfeiture fund shall be used to fund drug-related law

 

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enforcement activity and the treatment and rehabilitation of victims of drug abuse. The fund shall

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be administered through the office of the general treasurer. The presiding justice of the superior

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court shall have the authority to determine the feasibility and amount of disbursement to those state

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or local law enforcement agencies that have made application.

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     (2) Upon the application of any law enforcement agency of the state of Rhode Island, when

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a special need exists concerning the enforcement of the provisions of this chapter, the attorney

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general, or his or her designee, may apply to the presiding justice of the superior court for the

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release from the general treasury of sums of money. When the presiding justice upon consideration

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of the reasons set forth by that agency deems them to be reasonable and necessary to the

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accomplishment of a goal within the powers and duties of that law enforcement agency, he or she

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may issue an order ex parte providing for the release of the funds.

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     (d) Each law enforcement agency making any seizure(s) that result(s) in a forfeiture

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pursuant to this section shall certify and file with the state treasurer between January 1 and January

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30 an annual report detailing the property or money forfeited during the previous calendar year and

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the use or disposition of the property or money. The report shall be made in the form and manner

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as may be provided or specified by the treasurer and these annual law enforcement agency reports

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shall be provided to the local governmental body governing the agency and to the house and senate

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judiciary committees.

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     (e) Any law enforcement agency whose duty it is to enforce the laws of this state relating

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to controlled substances is empowered to authorize designated officers or agents to carry out the

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seizure provisions of this chapter. It shall be the duty of any officer or agent authorized or

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designated, or authorized by law, whenever he or she shall discover any property or monies that

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have been, or are being, used in violation of any of the provisions of this chapter, or in, upon, or by

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means of which any violation of this chapter has taken or is taking place, to seize the property or

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monies and to place it in the custody of the person as may be authorized or designated for that

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purpose by the respective law enforcement agency pursuant to those provisions.

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     (f) For purposes of this section and § 30-14-2 only, the Rhode Island national guard shall

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be deemed a law enforcement agency eligible to participate in the forfeiture of money and assets

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seized through counterdrug operations in which members of the guard support federal, state or

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municipal efforts.

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     SECTION 6. Effective January 1, 2021, section 31-10.3-20 of the General Laws in Chapter

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31-10.3 entitled “Rhode Island Uniform Commercial Driver's License Act” is hereby amended to

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read as follows:

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     31-10.3-20. Fees. [Effective January 1, 2020.]

 

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     The fees charged for commercial licenses, endorsements, classifications, restrictions, and

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required examinations shall be as follows:

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     (1) For every commercial operator's first license, thirty dollars ($30.00);

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     (2) For every renewal of a commercial license, fifty dollars ($50.00);

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     (3) For every duplicate commercial license, ten dollars ($10.00);

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     (4) For every duplicate commercial learner's permit, ten dollars ($10.00);

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     (5) For any change of:

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     (i) Classification(s), ten dollars ($10.00);

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     (ii) Endorsement(s), ten dollars ($10.00);

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     (iii) Restriction(s), ten dollars ($10.00);

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     (6) For every written and/or oral examination, ten dollars ($10.00);

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     (7) The Rhode Island board of education shall establish fees that are deemed necessary for

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the Community College of Rhode Island For the division of motor vehicles to administer the skill

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test, not to exceed one hundred dollars ($100);

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     (8) For every commercial learner's permit, sixty dollars ($60.00).

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     (9) [Deleted by P.L. 2019, ch. 49, § 1and P.L. 2019, ch. 75, § 1].

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     SECTION 7. Section 40.1-1-13 of the General Laws in Chapter 40.1-1 entitled “Behavioral

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Healthcare, Developmental Disabilities and Hospitals” is hereby amended to read as follows:

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     40.1-1-13. Powers and duties of the office.

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     (a) Notwithstanding any provision of the Rhode Island general laws to the contrary, the

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department of behavioral healthcare, developmental disabilities and hospitals shall have the

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following powers and duties:

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     (1) To establish and promulgate the overall plans, policies, objectives, and priorities for

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state substance-abuse education, prevention, and treatment; provided, however, that the director

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shall obtain and consider input from all interested state departments and agencies prior to the

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promulgation of any such plans or policies;

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     (2) Evaluate and monitor all state grants and contracts to local substance-abuse service

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providers;

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     (3) Develop, provide for, and coordinate the implementation of a comprehensive state plan

30

for substance-abuse education, prevention, and treatment;

31

     (4) Ensure the collection, analysis, and dissemination of information for planning and

32

evaluation of substance-abuse services;

 

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     (5) Provide support, guidance, and technical assistance to individuals, local governments,

2

community service providers, public and private organizations in their substance-abuse education,

3

prevention, and treatment activities;

4

     (6) Confer with all interested department directors to coordinate the administration of state

5

programs and policies that directly affect substance-abuse treatment and prevention;

6

     (7) Seek and receive funds from the federal government and private sources in order to

7

further the purposes of this chapter;

8

     (8) To act in conjunction with the executive office of health and human services as the

9

state's co-designated agency (42 U.S.C. § 300x-30(a)) for administering federal aid and for the

10

purposes of the calculation of the expenditures relative to the substance-abuse block grant and

11

federal funding maintenance of effort. The department of behavioral healthcare, developmental

12

disabilities and hospitals, as the state's substance-abuse authority, will have the sole responsibility

13

for the planning, policy and implementation efforts as it relates to the requirements set forth in

14

pertinent substance-abuse laws and regulations including 42 U.S.C. § 300x-21 et seq.;

15

     (9) Propose, review, and/or approve, as appropriate, proposals, policies, or plans involving

16

insurance and managed care systems for substance-abuse services in Rhode Island;

17

     (10) To enter into, in compliance with the provisions of chapter 2 of title 37, contractual

18

relationships and memoranda of agreement as necessary for the purposes of this chapter;

19

     (11) To license facilities and programs for the care and treatment of substance abusers and

20

for the prevention of substance abuse, and provide the list of licensed chemical dependency

21

professionals (LCDP) and licensed chemical dependency clinical supervisors (LCDCS) (licensed

22

by the department of health pursuant to chapter 69 of title 5) for use by state agencies including,

23

but not limited to, the adjudication office of the department of transportation, the district court and

24

superior court and the division of probation and parole for referral of individuals requiring

25

substance-use disorder treatment;

26

     (12) To promulgate rules and regulations necessary to carry out the requirements of this

27

chapter;

28

     (13) Perform other acts and exercise any other powers necessary or convenient to carry out

29

the intent and purposes of this chapter;

30

     (14) To exercise the authority and responsibilities relating to education, prevention, and

31

treatment of substance abuse, as contained in, but not limited to, the following chapters: chapter

32

1.10 of title 23; chapter 10.1 of title 23; chapter 28.2 of title 23; chapter 21.2 of title 16; chapter

33

21.3 of title 16; chapter 50.1 of title 42; chapter 109 of title 42; chapter 69 of title 5 and § 35-4-18;

 

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     (15) To establish a Medicare Part D restricted-receipt account in the hospitals and

2

community rehabilitation services program to receive and expend Medicare Part D reimbursements

3

from pharmacy benefit providers consistent with the purposes of this chapter;

4

     (16) To establish a RICLAS group home operations restricted-receipt account in the

5

services for the developmentally disabled program to receive and expend rental income from

6

RICLAS group clients for group home-related expenditures, including food, utilities, community

7

activities, and the maintenance of group homes;

8

     (17) To establish a non-Medicaid, third-party payor restricted-receipt account in the

9

hospitals and community rehabilitation services program to receive and expend reimbursement

10

from non-Medicaid, third-party payors to fund hospital patient services that are not Medicaid

11

eligible; and

12

     (18) To certify recovery housing facilities directly, or through a contracted entity, as

13

defined by department guidelines, that includes adherence to using National Alliance for Recovery

14

Residences (NARR) standards. In accordance with a schedule to be determined by the department,

15

all referrals from state agencies or state-funded facilities shall be to certified houses, and only

16

certified recovery housing facilities shall be eligible to receive state funding to deliver recovery

17

housing services.

18

     SECTION 8. Section 42-142-8 of the General Laws in Chapter 42-142 entitled

19

“Department of Revenue” is hereby amended to read as follows:

20

     42-142-8. Collection Unit

21

(a) The director of the department of revenue is authorized to establish within the

22

department of revenue a collection unit for the purpose of assisting state agencies in the collection

23

of debts owed to the state. The director of the department of revenue may enter into an agreement

24

with any state agency(ies) to collect any delinquent debt owed to the state.

25

(b) The director of the department of revenue shall initially implement a pilot program to

26

assist the agency(ies) with the collection of delinquent debts owed to the state. All state agencies,

27

including, but not limited to quasi-agencies, boards and commissions, shall begin participating in

28

the collection unit pilot program no later than October 1, 2020 and shall refer all eligible debts

29

pursuant to the criteria in paragraph (c) no later than January 31, 2021, unless prohibited by federal

30

law, rule or regulation. After February 1, 2021, the participating agencies shall refer all eligible

31

debts to the collection unit within thirty (30) days of eligibility pursuant to paragraph (c) of this

32

statute. Nothing herein shall prohibit the collection unit from exercising its discretion in

33

determining whether or not to accept a referred debt.

34

(c) The agency(ies) participating in the pilot program shall refer to the collection unit

 

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within the department of revenue, debts owed by delinquent debtors where the nature and amount

2

of the debt owed has been determined and reconciled by the agency and the debt is: (i) The subject

3

of a written settlement agreement and/or written waiver agreement and the delinquent debtor has

4

failed to timely make payments under the agreement and/or waiver and is therefore in violation of

5

the terms of the agreement and/or waiver; (ii) The subject of a final order, judgment, or decision

6

of a court of competent jurisdiction, or an agency’s final order or decision, and the debtor has not

7

timely appealed the order, judgment, or decision; or (iii) The subject of a final order, judgment,

8

or decision of a court of competent jurisdiction and the debtor has not timely appealed the order,

9

judgment, or decision. The collection unit shall not accept a referral of any delinquent debt unless

10

it satisfies subsections (c) (i), (ii) or (iii) of this section.

11

(d) Any agency(ies) entering into an agreement with the department of revenue to allow

12

the collection unit of the department to collect a delinquent debt owed to the state shall indemnify

13

the department of revenue against injuries, actions, liabilities, or proceedings arising from the

14

collection, or attempted collection, by the collection unit of the debt owed to the state.

15

(e) Before referring a delinquent debt to the collection unit, the agency(ies) must notify

16

the debtor of its intention to submit the debt to the collection unit for collection and of the debtor’s

17

right to appeal that decision not less than thirty (30) days before the debt is submitted to the

18

collection unit.

19

(f) At such time as the agency(ies) refers a delinquent debt to the collection unit, the

20

agency shall: (i) Represent in writing to the collection unit that it has complied with all applicable

21

state and federal laws and regulations relating to the collection of the debt, including, but not

22

limited to, the requirement to provide the debtor with the notice of referral to the collection unit

23

under subsection (e) of this section; and (ii) Provide the collection unit personnel with all relevant

24

supporting documentation including, but not limited to, notices, invoices, ledgers,

25

correspondence, agreements, waivers, decisions, orders, and judgments necessary for the

26

collection unit to attempt to collect the delinquent debt.

27

(g) The referring agency(ies) shall assist the collection unit by providing any and all

28

information, expertise, and resources deemed necessary by the collection unit to collect the

29

delinquent debts referred to the collection unit.

30

(h) Upon receipt of a referral of a delinquent debt from an agency(ies), the amount of the

31

delinquent debt shall accrue interest at the annual rate of interest established by law for the

32

referring agency or at an annual rate of 13%, whichever percentage is greater.

33

(i) Upon receipt of a referral of a delinquent debt from the agency(ies), the collection unit

34

shall provide the delinquent debtor with a “Notice of Referral” advising the debtor that:

 

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(1) The delinquent debt has been referred to the collection unit for collection; and

2

(2) The collection unit will initiate, in its names, any action that is available under state

3

law for the collection of the delinquent debt, including, but not limited to, referring the debt to a

4

third party to initiate and prosecute said action.

5

(j) Upon receipt of a referral of a delinquent debt from an agency(ies), the director of the

6

department of revenue shall have the authority to initiate, in its name, any action(s) that are

7

available under state law for collection of the delinquent debt and may negotiate the terms of a

8

settlement agreement, including the amount of principal, interest, penalties, and/or fees thereon

9

and to, with or without initiating suit, to settle the delinquent debt. The collection unit shall have

10

discretion to refer a debt back to the referring agency when the unit deems it appropriate.

11

(k) In exercising its authority under this section, the collection unit shall comply with all

12

state and federal laws and regulations related to the collection of debts.

13

(l) Upon the receipt of payment from a delinquent debtor, whether a full or partial

14

payment, the collection unit shall disburse/ or deposit the proceeds of the payment in the following

15

order:

16

(1) To the appropriate federal account to reimburse the federal government funds owed to

17

them by the state from the funds that are recovered;

18

(2) In the event that less than fifty percent (50%) of the amount collected on the debt is to

19

be deposited into the general fund as general revenues, the central collections unit shall withhold

20

fifteen percent (15%) of the collected amount and that amount shall be deposited into the general

21

fund as general revenues; and

22

(2)(3) The balance of the amount collected to the referring agency.

23

(a) Notwithstanding the above, the establishment of a collection unit within the

24

department of revenue shall be contingent upon an annual appropriation by the general assembly

25

of amounts necessary and sufficient to cover the costs and expenses to establish, maintain, and

26

operate the collection unit including, but not limited to, computer hardware and software,

27

maintenance of the computer system to manage the system, and personnel to perform work within

28

the collection unit.

29

(b) In addition to the implementation of any pilot program, the collection unit shall comply

30

with the provisions of this section in the collection of all delinquent debts under this section.

31

(c) The department of revenue is authorized to promulgate rules and regulations as it

32

deems appropriate with respect to the collection unit.

33

(d) By September 1, 2020, and each year thereafter, the department of revenue shall

34

specifically assess the performance, effectiveness, and revenue impact of the collections

 

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associated with this section, including, but not limited to, the total amounts referred and collected

2

by each referring agency during the previous state fiscal year to the governor, the speaker of the

3

house of representatives, the president of the senate, the chairpersons of the house and senate

4

finance committees, and the house and senate fiscal advisors. The report shall include the net

5

revenue impact to the state of the collection unit.

6

(e) No operations of a collection unit pursuant to this chapter shall be authorized after

7

June 30, 2021.

8

     SECTION 9. Section 45-13-1.1 of the General Laws in Chapter 45-13 entitled “State Aid”

9

is hereby amended to read as follows:

10

     45-13-1.1. Aid reduced by amounts owed state entities.

11

If any city or town fails to pay any assessment, bill, or charge levied, presented, or imposed

12

by any public or quasi-public board, commission, corporation, council, authority, agency,

13

department, committee or other similar body organized under the laws of this state, within ninety

14

(90) one hundred eighty (180) days of the presentment for payment of the assessment, bill, or charge

15

to the city or town, then there shall be deducted from any state aid determined to be due under the

16

provisions of this chapter, or from any funds distributed pursuant to chapters 44-18 (sales and use

17

tax) and 44-13 (public service corporation tax) of Title 44, and an amount equal to that due and

18

owing any or all of those commissions; provided, that the amount of any deduction shall be reduced

19

by the amount of any bill or charge presented for payment by city or town to the state, which bill

20

or charge has not been paid by the state within ninety (90) one hundred eighty (180) days of

21

presentment.

22

SECTION 10. Section 45-42-1 of the General Laws in Chapter 45-42 entitled “Emergency

23

Police Power” is hereby amended to read as follows:

24

     45-42-1. Emergency police power.

25

     (a) When the police chief of a city or town within the state, or his or her designee, requests

26

emergency police assistance from another city or town police department within the state, the

27

officers responding to the request shall be subject to the authority of the requesting chief and have

28

the same authority, powers, duties, privileges, and immunities as a duly appointed police officer of

29

the city or town making the request, until the requesting chief of police discharges and releases the

30

assisting police officers to their own city or town departments.

31

     (b) Law enforcement officers from out of state shall have limited emergency police powers

32

to transport, guard, and maintain custody of any person who is arrested out of state but transported

33

to a Rhode Island medical facility for emergency medical treatment. Prior to entry into Rhode

34

Island, the out-of-state police department maintaining custody of said arrested person shall notify

 

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the Rhode Island state police of the transport and the site of the emergency medical treatment. The

2

emergency police powers granted shall cease immediately upon the expiration of eight (8) hours

3

from the time of notification the arrested person is released from the medical facility, or upon a

4

fugitive-from-justice warrant being executed, whichever shall arise first.

5

     SECTION 11. This section shall serve as joint resolution required pursuant to Section 1,

6

Article XIV of the Constitution of the State of Rhode Island and Providence Plantations.

7

     J O I N T R E S O L U T I O N

8

     TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION

9

OF AMENDMENT TO THE CONSITUTION OF THE STATE –ITEM VETO

10

RESOLVED, That a majority of the members elected to each house of the general

11

assembly noting therefor, the following amendment to the Constitution of the state be proposed to

12

the qualified electors of the state for their approval in accordance with the provisions of Article

13

XIV of the Constitution:

14

ARTICLE IX – OF THE EXECUTIVE POWER

15

Section 14. Veto power of governor -- Veto overrides by general assembly -- Acts

16

effective without action by governor. -- Every bill, resolution, or vote (except such as relate to

17

adjournment, the organization or conduct of either or both houses of the general assembly, and

18

resolutions proposing amendment to the Constitution) which shall have passed both houses of

19

the general assembly shall be presented to the governor. If the governor approves it the governor

20

shall sign it, and thereupon it shall become operative, but if the governor does not approve it the

21

governor shall return it, accompanied by the governor's objections in writing to the house in

22

which it originated, which shall enter the governor's objections in full upon its journal and

23

proceed to reconsider it. If, after such reconsideration, three-fifths of the members present and

24

voting in (except for any bill addressing appropriation of money, two-thirds of the members

25

elected to) that house shall vote to pass the measure, it shall be sent with the objections, to the

26

other house, by which it shall likewise be reconsidered, and if approved by three-fifths of the

27

members present and voting in (except for any bill addressing appropriation of money, two-thirds

28

of the members elected to) that house, it shall become operative in the same manner as if the

29

governor had approved it, but in such cases the votes of both houses shall be determined by ayes

30

and nays and the names of the members voting for and against the measure shall be entered upon

31

the journal of each house, respectively. If the measure shall not be returned by the governor

32

within six days (Sundays excepted) after it shall have been presented to the governor the same

33

shall become operative unless the general assembly, by adjournment, prevents its return, in which

 

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1

case it shall become operative unless transmitted by the governor to the secretary of state, with

2

the governor's disapproval in writing within ten days after such adjournment.

3

     If any bill presented to the governor shall address appropriation of money, the governor

4

may:

5

     (a) Approve or disapprove the entire bill in like manner as the passage of other bills set

6

forth in this section; or

7

     (b) Reduce or eliminate any sum or sums of money appropriated in the bill while approving

8

other portions of the bill, in which case the portions of the bill approved by the governor shall

9

become law, and each reduced or eliminated sum of money shall also become law unless the general

10

assembly reconsiders and separately and individually passes the original sum according to the rules

11

and limitations prescribed in this section for the passage of other bills over the governor’s veto;

12

and/or

13

     (c) Disapprove one or more items or parts of items of the bill (other than sum or sums of

14

money described in the immediately preceding paragraph (b) of this section), in which case the

15

portions of the bill approved by the governor shall become law, and each item or part of an item

16

disapproved by the governor shall not become law unless the general assembly reconsiders and

17

separately and individually passes the original version of the item or part of an item according to

18

the rules and limitations prescribed in this section for the passage of other bills over the governor’s

19

veto, provided:

20

(1) That

21

in approving the bill in part, the governor may not create:

22

(i) a new word by rejecting individual letters in the words; or

23

(ii) a new sentence by combining parts or two or more sentences; and

24

(2) Further, that to the extent an item or part of an item disapproved by the governor

25

constitutes a condition, including but not limited to directing or restricting the use, of an

26

appropriated fund, the sum corresponding to the specific item of appropriated fund to which the

27

disapproved condition applies shall not be reduced but shall remain as part of the appropriated

28

funds.

29

     RESOLVED, That this proposition of amendment shall be submitted to qualified electors

30

for their approval or rejection at the next statewide general election. The voting places in the several

31

cities and towns shall be kept open during the hours required by law for voting therein for general

32

officers of the state; and be it further

33

     RESOLVED, That the secretary of state shall cause this proposition of amendment to be

34

published in the newspapers of the state prior to the date of the meetings of qualified electors; and

 

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this proposition of amendment shall be inserted in notices to be issued prior to the meetings of

2

qualified electors for the purpose of warning the town, ward, or district meetings, and this

3

proposition of amendment shall be read by the town, ward, or district meetings to be held as

4

aforesaid; and be it further

5

     RESOLVED, That the town, ward, and district meetings to be held as aforesaid shall be

6

warned, and the list of voters shall be canvassed and made up, and the town, ward, and district

7

meetings shall be conducted in the same manner as now provided by law for the town, ward, and

8

district meetings for the election of general officers of the state; and be it further

9

     RESOLVED, That upon approval by the qualified electors, this proposition of amendment

10

shall take effect and amend Section 14 of Article IX of the Constitution of the state on January 3,

11

2023.

12

SECTION 12. This article shall take effect upon passage.

 

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