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1 | ARTICLE 3 | |
2 | RELATING TO GOVERNMENT REFORM AND REORGANIZATION | |
3 | SECTION 1. Sections 5-65.1-4 and 5-65.1-5 of the General Laws in Chapter 5-65.1 entitled | |
4 | “Home Inspectors” is hereby amended to read as follows: | |
5 | 5-65.1-4. Eligibility for licensure as home inspector. | |
6 | (a) To be eligible for licensure as a home inspector, an applicant shall fulfill the following | |
7 | requirements: | |
8 | (1) Be of good moral character; | |
9 | (2) Have successfully completed high school or its equivalent; | |
10 | (3) Have been engaged as a licensed associate home inspector for no less than one year, | |
11 | and have performed not less than one hundred (100) home inspections for compensation, or have | |
12 | been a registered/licensed contractor in good standing in any state for an aggregate of not less than | |
13 | five (5) years; and | |
14 | (4) Have passed an examination approved or administered by the board. The examination | |
15 | may have been passed before the effective date of this chapter December 31, 2019. | |
16 | (b) After the effective date of this chapter December 31, 2019 the board shall issue a license | |
17 | to any person upon application, provided that the applicant meets: | |
18 | (1) The requirements of subdivisions (a)(1), (2) and (4) of this section, and either: | |
19 | (i) Has been engaged in the practice of home inspections for compensation for not less than | |
20 | one year prior to the effective date of this chapter and has performed not less than one hundred | |
21 | (100) home inspections for compensation prior to the effective date of this chapter; or | |
22 | (ii) Is a registered/licensed contractor in good standing in any state for an aggregate of not | |
23 | less than five (5) years; or | |
24 | (2) The requirements of subdivisions (a)(1) and (2) of this section, and has been engaged | |
25 | in the practice of home inspections for compensation for not less than two (2) years and performed | |
26 | not less than one hundred fifty (150) home inspections for compensation prior to July 1, | |
27 | 2013December 31, 2019. | |
28 | 5-65.1-5. Eligibility for licensure as associate home inspector. | |
29 | To be eligible for licensure as an associate home inspector, an applicant shall fulfill the | |
30 | following requirements: | |
31 | (1) Be of good moral character; | |
32 | (2) Have successfully completed high school or its equivalent; | |
33 | (3) Have assisted in not less than fifty (50) home inspections in the presence of a licensed | |
34 | home inspector; and | |
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1 | (4) Have passed an examination approved or administered by the board. The examination | |
2 | may have been passed before July 1, 2013December 31, 2019. | |
3 | SECTION 2. Section 5-65.2-3 of the General Laws in Chapter 5-65.2 entitled “Rhode | |
4 | Island Well-Drilling, Pump Installers, and Water-Filtration Contractors Licensing Law” is hereby | |
5 | amended to read as follows: | |
6 | 5-65.2-3. Licensing procedure. | |
7 | (a) In addition to the provisions of chapter 65 of this title, the contractors' registration and | |
8 | licensing board is authorized to establish a program to license well-drilling contractors, pump | |
9 | installers, water-filtration/treatment-system contractors, and water-filtration/treatment-system | |
10 | installers to ensure persons performing well-drilling work, pump installation, and residential water- | |
11 | filtration/treatment-system installation as properly qualified to conduct the work. On or before | |
12 | January 1, 2017, the board shall promulgate regulations to establish a licensing program that | |
13 | provides for appropriate categories of work to ensure proper qualifications pertaining to the use of | |
14 | different equipment and approaches to construct, install, repair, alter, or remove wells, well pumps, | |
15 | water-supply systems, residential water-treatment/supply systems, and water-filtration systems, | |
16 | and that will allow well-drilling contractors, pump installers, or residential water- | |
17 | filtration/treatment-system contractors and residential water-filtration/treatment-system installers, | |
18 | as described herein, to fulfill the relevant requirements of chapter 65 of this title through the | |
19 | licensing program. Upon promulgation of applicable regulations, the license issued by the board to | |
20 | a contractor shall serve to fulfill the contractor registration requirements of chapter 65 of this title. | |
21 | (b) Pursuant to board regulations, all persons seeking to be licensed as a well-drilling | |
22 | contractor, pump installer, residential water-filtration/treatment-system contractor, or residential | |
23 | water-filtration/treatment-system installer as defined herein shall submit an application to the | |
24 | contractors' registration and licensing board on the form or forms that the board requires. As | |
25 | specified by the board, the application shall include the following information: | |
26 | (1) The name of the applicant; | |
27 | (2) The business address of the applicant; | |
28 | (3) The mailing address of the applicant; | |
29 | (4) The telephone number of the applicant; | |
30 | (5) Any registration number and/or other license numbers issued by the state, or any city | |
31 | or town; | |
32 | (6) A statement of the skills, training, and experience of the applicant sufficient to ensure | |
33 | public safety, health and welfare; and | |
34 | (7) Agent of service for out-of-state contractors. | |
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1 | (c) To be eligible for licensure as a well-drilling contractor, pump installer, residential | |
2 | water-filtration/treatment-system contractor, or residential water-filtration/treatment-system | |
3 | installer, an applicant shall also fulfill the following requirements: | |
4 | (1) Be of good moral character; | |
5 | (2) Pass appropriate examinations approved or administered by the contractors' registration | |
6 | and licensing board, unless otherwise exempted in accordance with § 5-65-3(g), and has met all the | |
7 | requirements of the rules and regulations established by the board; | |
8 | (3) Be in good standing with the contractors' registration and licensing board; | |
9 | (4) Take five (5) hours continuing education per year as set forth and recognized by the | |
10 | contractors' registration and licensing board. | |
11 | (d) The contractors' registration and licensing board is authorized to adopt rules and | |
12 | regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, necessary to | |
13 | effectuate the purpose of this chapter. Rules and regulations shall provide a fine schedule, which | |
14 | will establish grounds for discipline for license holders or non-licensed contractors. Fines shall be | |
15 | structured not to exceed five thousand ($5,000) dollars per day, per offense for conduct injurious | |
16 | to the welfare of the public, as well as those required pursuant to § 5-65-10. | |
17 | (e) Any person applying for a license or registration and making any material misstatement | |
18 | as to his or her experience or other qualifications, or any person, firm, or corporation subscribing | |
19 | to or vouching for any misstatement, shall be subject to the discipline and penalties provided in § | |
20 | 5-65-10. | |
21 | (f) No corporation, firm, association, or partnership shall engage in the business of well | |
22 | drilling, pump installation, water-filtration/treatment-system contracting, or represent itself as a | |
23 | well-drilling contractor, pump installer, or water-filtration/treatment-system contractor, unless a | |
24 | licensed well-drilling contractor, pump installer, or water-filtration/treatment-system contractor, as | |
25 | provided in this chapter, is continuously engaged in the supervision of its well-drilling, pump- | |
26 | installing, or water-filtration/treatment-system contracting work. If the license holder dies or | |
27 | otherwise becomes incapacitated, the corporation, firm, or association shall be allowed to continue | |
28 | to operate until the next examination shall be given or such times as the board shall see fit. In no | |
29 | event, shall the corporation, firm, association, or partnership continue to operate longer than twelve | |
30 | (12) months or in accordance with the board's established rules and regulations without satisfying | |
31 | the license requirements of this chapter. | |
32 | (g) Those well-drilling contractors who were previously registered with the department of | |
33 | environmental management, and remain in good standing as of December 31, 2012,2017 and that | |
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1 | were previously exempted from fulfilling the testing requirements required for registration by the | |
2 | department, shall also be exempt from the testing requirements set forth in this chapter. | |
3 | (h) Prior to January 1, 2018 July 1, 2020, the authority shall, without examination, upon | |
4 | receipt of the fees required in this chapter, issue through the contractors' registration and licensing | |
5 | board a residential water-filtration/treatment-system installer's license to any applicant who shall | |
6 | present satisfactory evidence that they have the qualifications for the type of license applied for. | |
7 | On or After after January 1, 2018July 1, 2020, in order to qualify for a residential water- | |
8 | filtration/treatment installer's license the eligible individual shall be required to pass a written | |
9 | examination and show proof as required by the contractors' registration and licensing board of their | |
10 | eligibility. | |
11 | (i) Satisfactory evidence shall be any of the following that is applicable: | |
12 | (1) The applicant must have been employed by a contractor registered with the contractors' | |
13 | registration and licensing board to do business designating water-filtration/treatment-system | |
14 | installation and/or service as a service provided for the previous one year and been actively engaged | |
15 | in the installation and servicing of water-filtration/treatment systems during that time period; or | |
16 | (2) Notarized confirmation Signed statements by three (3) water-filtration/treatment- | |
17 | system contractors that the applicant has the requisite training and experience to be licensed under | |
18 | this act. | |
19 | (j) Prior to January 1, 2018July 1, 2020, the authority shall, without examination, upon | |
20 | receipt of the fees required in this chapter, issue through the contractors' registration and licensing | |
21 | board, a residential water-filtration/treatment-system contractor's license to any applicant who shall | |
22 | present satisfactory evidence that they have the qualifications for the type of license applied for. | |
23 | On or After after January 1, 2018July 1, 2020, in order to qualify for a residential water- | |
24 | filtration/treatment-system contractor's license, the eligible contractor shall be required to pass a | |
25 | written examination and show proof, as required by the contractors' registration and licensing | |
26 | board, of their eligibility. | |
27 | (k) Satisfactory evidence shall be any of the following that is applicable: | |
28 | (1) The owner or owners of an enterprise must have been active in water filtration for the | |
29 | previous two (2) years; or | |
30 | (2) The contractor has been previously registered with the contractors' registration and | |
31 | licensing board to do business designating water-filtration/treatment system installation and/or | |
32 | service as a provided service; or | |
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1 | (3) Notarized confirmation Signed Statements by three (3) water-filtration/treatment- | |
2 | system contractors that the applicant has the requisite training and experience to be licensed under | |
3 | this chapter. | |
4 | SECTION 3. Section 5-73-3 of the General Laws in Chapter 5-73 entitled “Roofing | |
5 | Contractors” is hereby amended to read as follows: | |
6 | 5-73-3. Registration and licensing of roofing contractors. | |
7 | (a) All roofing contractors, in addition to the requirements of chapter 65 of this title entitled | |
8 | "Contractor's Registration and Licensing Board," if applicable, prior to conducting roofing business | |
9 | in the state of Rhode Island, shall first submit an application to and be licensed by the contractor | |
10 | registration and licensing board on the form or forms that the board requires. The application shall | |
11 | include the following information: | |
12 | (1) The name of the applicant; | |
13 | (2) The business address of the applicant; | |
14 | (3) The mailing address of the applicant; | |
15 | (4) The telephone number of the applicant; | |
16 | (5) The name of the party or officer who shall be responsible for all roofing activities | |
17 | conducted in the state of Rhode Island; | |
18 | (6) Any registration number and/or other license numbers issued by the state, or any city | |
19 | or town; and | |
20 | (7) A statement of the skills, training and experience of the applicant sufficient to ensure | |
21 | public safety, health and welfare. | |
22 | (b) Licensing requirements shall not apply to roofing contractors applying shingles only. | |
23 | (c) To be eligible for licensure as a roofing contractor an applicant shall also fulfill the | |
24 | following requirements: | |
25 | (1) Be of good moral character; | |
26 | (2) Pass an examination approved or administered by the contractors' registration board or | |
27 | has previously been registered as a commercial roofer in good standing and has met all the | |
28 | requirements of the rules and regulations established by the board; | |
29 | (3) Be in good standing with the contractors' registration and licensing board; | |
30 | (4) All field personnel of the roofing contractor must have a current certificate of | |
31 | completion of the ten (10) hours OSHA safety course or equivalent thereof as determined by the | |
32 | contractors' registration and licensing board; | |
33 | (5) Take ten (10) hours continuing roofing education per two-year licensing cycle as set | |
34 | forth and recognized by the contractors' registration board; and | |
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1 | (6) Be bonded in the aggregate amount of the total dollar value of any contract entered | |
2 | into to perform roofing work; single project in the amount of one hundred thousand dollars | |
3 | ($100,000) minimum; and | |
4 | (76) Provide the board with an insurance certificate in the amount of one million five | |
5 | hundred thousand dollars ($1,500,000)two million ($2,000,000) dollars per occurrence pursuant to | |
6 | the established rules and regulations, with the board as the holder, from the date of issuance, | |
7 | continuously. | |
8 | (d)(1) The contractors' registration and licensing board is authorized to adopt rules and | |
9 | regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, necessary to | |
10 | effectuate the purposes of this chapter. | |
11 | (2) Rules and regulations shall provide a fine schedule, which will establish grounds for | |
12 | discipline for licensee holders or non-licensed contractors. | |
13 | (3) Fines shall be structured not to exceed five thousand dollars ($5,000) per day per | |
14 | offense for conduct injurious to the welfare of the public as well as those required pursuant to § 5- | |
15 | 65-10. | |
16 | (e) Any person applying for a license or registration and making any material misstatement | |
17 | as to his or her experience or other qualifications, or any person, firm, or corporation subscribing | |
18 | to or vouching for any misstatement shall be subject to the discipline and penalties provided in § | |
19 | 5-65-10. | |
20 | (f) No corporation, firm, association, or partnership shall engage in the business of | |
21 | commercial roofing or represent itself as a commercial roofing contractor unless a licensed | |
22 | commercial roofer as provided in this chapter is continuously engaged in the supervision of its | |
23 | commercial roofing work, provided that the commercial roofer is a general partner or an officer | |
24 | and shareholder in the firm or corporation. If the license holder dies or otherwise becomes | |
25 | incapacitated, the corporation, firm, or association shall be allowed to continue to operate until the | |
26 | next examination shall be given or such times as the board shall see fit. In no event, shall the | |
27 | corporation, firm, association, or partnership continue to operate longer than twelve (12) months | |
28 | or in accordance with the board's established rules and regulations without satisfying the license | |
29 | requirements of this chapter. Those roofers who have been registered with the board on July 1, | |
30 | 20032015, and remain in good standing, shall be exempt from the testing requirements set forth in | |
31 | this chapter. | |
32 | (g) Complaints filed with the board shall be heard only in regard to those issues so | |
33 | established in the rules and regulations. | |
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1 | SECTION 4. Section 12-19-34 of the General Laws in Chapter 12-19 entitled “Sentence | |
2 | and Execution” is hereby amended to read as follows: | |
3 | 12-19-34. Priority of restitution payments to victims of crime. | |
4 | (a)(1) If a person, pursuant to §§ 12-19-32, 12-19-32.1, or 12-19-33, is ordered to make | |
5 | restitution in the form of monetary payment the court may order that it shall be made through | |
6 | the administrative office of state courts which shall record all payments and pay the money to | |
7 | the person injured in accordance with the order or with any modification of the order; | |
8 | provided, in cases where the court determines that the defendant has the present ability to | |
9 | make full restitution, payment shall be made at the time of sentencing. | |
10 | (2) Payments made on account when both restitution to a third-party is ordered, and court | |
11 | costs, fines, and fees, and assessments related to prosecution are owed, shall be disbursed by | |
12 | the administrative office of the state courts in the following priorities: | |
13 | (i) Upon determination of restitution, Court costs related to prosecution court ordered | |
14 | restitution payments shall be paid first to persons injured until such time as the court's | |
15 | restitution is fully satisfied until such time as these payments are made in full; | |
16 | (ii) Followed by the payment of court costs, fines, fees, and assessments related to | |
17 | prosecution court ordered restitution payments to persons injured until such time as the court | |
18 | ordered restitution is fully satisfied. | |
19 | (iii) Followed by the payment of court fines, fees, and assessments related to prosecution. | |
20 | (3) Notwithstanding any other provision of law, any interest which has been accrued by the | |
21 | restitution account in the central registry shall be deposited on a regular basis into the crime | |
22 | victim compensation fund, established by chapter 25 of this title. In the event that the office | |
23 | of the administrator of the state courts cannot locate the person or persons to whom restitution | |
24 | is to be made, the principal of the restitution payment shall escheat to the state pursuant to the | |
25 | provisions of chapter 12 of title 8. | |
26 | (b) The state is authorized to develop rules and/or regulations relating to assessment, | |
27 | collection, and disbursement of restitution payments when any of the following events occur: | |
28 | (1) The defendant is incarcerated or on home confinement or has completed probation | |
29 | without completing restitution but is able to pay some portion of the restitution; or | |
30 | (2) The victim dies before restitution payments are completed. | |
31 | (c) The state may maintain a civil action to place a lien on the personal or real property of a | |
32 | defendant who is assessed restitution, as well as to seek wage garnishment, and/or seek | |
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1 | enforcement of civil judgment entered in accordance with § 12-28-5.1 consistent with state | |
2 | and federal law. | |
3 | SECTION 5. Section 21-28-5.04 of the General Laws in Chapter 21-28 entitled “Uniform | |
4 | Controlled Substance Act” is hereby amended to read as follows: | |
5 | 21-28-5.04. Forfeiture of property and money. | |
6 | (a) Any property, real or personal, including, but not limited to, vessels, vehicles, or | |
7 | aircraft, and money or negotiable instruments, securities, or other things of value or any property | |
8 | constituting, or derived from any proceeds, furnished, or intended to be furnished, by any person | |
9 | for the transportation of, or in exchange for, a controlled substance and that has been, or is being | |
10 | used, in violation of § 21-28-4.01(a) or 21-28-4.01(b) or in, upon, or by means of which any | |
11 | 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 | |
12 | has taken, or is taking place, and all real property including any right, title, and interest in the whole | |
13 | of any lot or tract of land and any appurtenances or improvements that is used in the commission | |
14 | 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- | |
15 | 4.08, or that was purchased with funds obtained as a result of the commission of a violation of §§ | |
16 | 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 | |
17 | and forfeited; provided that no property or money, as enumerated in this subsection, used by any | |
18 | person shall be forfeited under the provisions of this chapter unless it shall appear that the owner | |
19 | of the property or money had knowledge, actual or constructive, and was a consenting party to the | |
20 | alleged illegal act. All moneys, coin and currency, found in close proximity to forfeitable controlled | |
21 | substances, to forfeitable drug manufacturing or distributing paraphernalia, or to forfeitable records | |
22 | of the importation, manufacture, or distribution of controlled substances, are presumed to be | |
23 | unlawfully furnished in exchange for a controlled substance or used in violation of this chapter. | |
24 | The burden of proof is upon claimants of the property to rebut this presumption. | |
25 | (b) Property taken or detained under this section shall not be repleviable, but shall be | |
26 | deemed to be in the custody of the law enforcement agency making the seizure and whenever | |
27 | property or money is forfeited under this chapter it shall be utilized as follows: | |
28 | (1) Where the seized property is a vessel, vehicle, aircraft, or other personal property it | |
29 | may be retained and used by the law enforcement agency that seized the property where the use of | |
30 | the property is reasonably related to the law enforcement duties of the seizing agency. If the seized | |
31 | property is a motor vehicle that is inappropriate for use by the law enforcement agency due to style, | |
32 | size, or color, the seizing agency shall be allowed to apply the proceeds of sale or the trade-in value | |
33 | of the vehicle towards the purchase of an appropriate vehicle for use in activities reasonably related | |
34 | to law enforcement duties. | |
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1 | (2) The law enforcement agency may sell any forfeited property not required by this chapter | |
2 | to be destroyed and not harmful to the public. The proceeds from the sale are to be distributed in | |
3 | accordance with subdivision (3) of this subsection. | |
4 | (3) As to the proceeds from the sale of seized property as referred to in subdivision (2) of | |
5 | this subsection, and as to moneys, coin and currency, negotiable instruments, securities, or other | |
6 | things of value as referred to in subsection (a) of this section, the distribution shall be as follows: | |
7 | (i)(A) All proceeds of the forfeiture of real or personal property shall be distributed as | |
8 | follows: All costs of advertising administrative forfeitures shall first be deducted from the amount | |
9 | forfeited. Of the remainder, twenty percent (20%) of the proceeds shall be provided to the attorney | |
10 | general's department to be used for further drug-related law enforcement activities including, but | |
11 | not limited to, investigations, prosecutions, and the administration of this chapter; seventy percent | |
12 | (70%) of the proceeds shall be divided among the state and local law enforcement agencies | |
13 | proportionately based upon their contribution to the investigation of the criminal activity related to | |
14 | the asset being forfeited; and ten percent (10%) of the proceeds shall be provided to the department | |
15 | of health behavioral healthcare, developmental disabilities and hospitals for distribution to | |
16 | substance abuse prevention and treatment programs. | |
17 | (B) The law enforcement agencies involved in the investigation, with the assistance of the | |
18 | attorney general, shall by agreement determine the respective proportionate share to be received by | |
19 | each agency. If the agencies are unable to reach agreement, application shall be made by one or | |
20 | more of the agencies involved to the presiding justice of the superior court who shall determine the | |
21 | respective proportionate share attributable to each law enforcement agency. The proceeds from all | |
22 | forfeitures shall be held by the general treasurer in a separate account until such time as an | |
23 | allocation is determined by agreement of the agencies or by the presiding justice. It shall be the | |
24 | duty and responsibility of the general treasurer to disburse the allocated funds from the separate | |
25 | account to the respective law enforcement agencies. | |
26 | (ii) Each state or local law enforcement agency shall be entitled to keep the forfeited money | |
27 | or the proceeds from sales of forfeited property. The funds shall be used for law enforcement | |
28 | purposes and investigations of violations of this chapter. The funds received by a state law | |
29 | enforcement agency shall be maintained in a separate account by the general treasurer. The funds | |
30 | received by a local law enforcement agency shall be maintained in a separate account by the local | |
31 | agency's city or town treasurer. | |
32 | (c)(1) There is established in the state's treasury a special fund to be known as the asset | |
33 | forfeiture fund in which shall be deposited the excess proceeds of forfeitures arising out of criminal | |
34 | acts occurring before July 1, 1987. The asset forfeiture fund shall be used to fund drug-related law | |
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1 | enforcement activity and the treatment and rehabilitation of victims of drug abuse. The fund shall | |
2 | be administered through the office of the general treasurer. The presiding justice of the superior | |
3 | court shall have the authority to determine the feasibility and amount of disbursement to those state | |
4 | or local law enforcement agencies that have made application. | |
5 | (2) Upon the application of any law enforcement agency of the state of Rhode Island, when | |
6 | a special need exists concerning the enforcement of the provisions of this chapter, the attorney | |
7 | general, or his or her designee, may apply to the presiding justice of the superior court for the | |
8 | release from the general treasury of sums of money. When the presiding justice upon consideration | |
9 | of the reasons set forth by that agency deems them to be reasonable and necessary to the | |
10 | accomplishment of a goal within the powers and duties of that law enforcement agency, he or she | |
11 | may issue an order ex parte providing for the release of the funds. | |
12 | (d) Each law enforcement agency making any seizure(s) that result(s) in a forfeiture | |
13 | pursuant to this section shall certify and file with the state treasurer between January 1 and January | |
14 | 30 an annual report detailing the property or money forfeited during the previous calendar year and | |
15 | the use or disposition of the property or money. The report shall be made in the form and manner | |
16 | as may be provided or specified by the treasurer and these annual law enforcement agency reports | |
17 | shall be provided to the local governmental body governing the agency and to the house and senate | |
18 | judiciary committees. | |
19 | (e) Any law enforcement agency whose duty it is to enforce the laws of this state relating | |
20 | to controlled substances is empowered to authorize designated officers or agents to carry out the | |
21 | seizure provisions of this chapter. It shall be the duty of any officer or agent authorized or | |
22 | designated, or authorized by law, whenever he or she shall discover any property or monies that | |
23 | have been, or are being, used in violation of any of the provisions of this chapter, or in, upon, or by | |
24 | means of which any violation of this chapter has taken or is taking place, to seize the property or | |
25 | monies and to place it in the custody of the person as may be authorized or designated for that | |
26 | purpose by the respective law enforcement agency pursuant to those provisions. | |
27 | (f) For purposes of this section and § 30-14-2 only, the Rhode Island national guard shall | |
28 | be deemed a law enforcement agency eligible to participate in the forfeiture of money and assets | |
29 | seized through counterdrug operations in which members of the guard support federal, state or | |
30 | municipal efforts. | |
31 | SECTION 6. Effective January 1, 2021, section 31-10.3-20 of the General Laws in Chapter | |
32 | 31-10.3 entitled “Rhode Island Uniform Commercial Driver's License Act” is hereby amended to | |
33 | read as follows: | |
34 | 31-10.3-20. Fees. [Effective January 1, 2020.] | |
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1 | The fees charged for commercial licenses, endorsements, classifications, restrictions, and | |
2 | required examinations shall be as follows: | |
3 | (1) For every commercial operator's first license, thirty dollars ($30.00); | |
4 | (2) For every renewal of a commercial license, fifty dollars ($50.00); | |
5 | (3) For every duplicate commercial license, ten dollars ($10.00); | |
6 | (4) For every duplicate commercial learner's permit, ten dollars ($10.00); | |
7 | (5) For any change of: | |
8 | (i) Classification(s), ten dollars ($10.00); | |
9 | (ii) Endorsement(s), ten dollars ($10.00); | |
10 | (iii) Restriction(s), ten dollars ($10.00); | |
11 | (6) For every written and/or oral examination, ten dollars ($10.00); | |
12 | (7) The Rhode Island board of education shall establish fees that are deemed necessary for | |
13 | the Community College of Rhode Island For the division of motor vehicles to administer the skill | |
14 | test, not to exceed one hundred dollars ($100); | |
15 | (8) For every commercial learner's permit, sixty dollars ($60.00). | |
16 | (9) [Deleted by P.L. 2019, ch. 49, § 1and P.L. 2019, ch. 75, § 1]. | |
17 | SECTION 7. Section 40.1-1-13 of the General Laws in Chapter 40.1-1 entitled “Behavioral | |
18 | Healthcare, Developmental Disabilities and Hospitals” is hereby amended to read as follows: | |
19 | 40.1-1-13. Powers and duties of the office. | |
20 | (a) Notwithstanding any provision of the Rhode Island general laws to the contrary, the | |
21 | department of behavioral healthcare, developmental disabilities and hospitals shall have the | |
22 | following powers and duties: | |
23 | (1) To establish and promulgate the overall plans, policies, objectives, and priorities for | |
24 | state substance-abuse education, prevention, and treatment; provided, however, that the director | |
25 | shall obtain and consider input from all interested state departments and agencies prior to the | |
26 | promulgation of any such plans or policies; | |
27 | (2) Evaluate and monitor all state grants and contracts to local substance-abuse service | |
28 | providers; | |
29 | (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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1 | (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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1 | (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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1 | 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 | (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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1 | 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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1 | 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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1 | 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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