H7171

	2020 -- H 7171
	========
	LC003746
	========
	STATE OF RHODE ISLAND
	IN GENERAL ASSEMBLY
	JANUARY SESSION, A.D. 2020
	____________
	A N A C T
	RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2021

	Introduced By: Representative Marvin L. Abney
	Date Introduced: January 16, 2020
	Referred To: House Finance
	(Governor)
	It is enacted by the General Assembly as follows:
1	ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2021
2	ARTICLE 2 RELATING TO STATE FUNDS
3	ARTICLE 3 RELATING TO GOVERNMENT REFORM AND REORGANIZATION
4	ARTICLE 4 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
5	ARTICLE 5 RELATING TO CAPITAL DEVELOPMENT PROGRAM
6	ARTICLE 6 RELATING TO FEES
7	ARTICLE 7 RELATING TO THE ENVIRONMENT
8	ARTICLE 8 RELATING TO TAXES
9	ARTICLE 9 RELATING TO LOCAL AID
10	ARTICLE 10 RELATING TO EDUCATION
11	ARTICLE 11 RELATING TO ECONOMIC DEVELOPMENT
12	ARTICLE 12 RELATING TO HOUSING
13	ARTICLE 13 RELATING TO STATE CONTROLLED ADULT USE MARIJUANA
14	ARTICLE 14 RELATING TO MEDICAL ASSISTANCE
15	ARTICLE 15 RELATING TO HUMAN SERVICES
16	ARTICLE 16 RELATING TO VETERANS AFFAIRS
17	ARTICLE 17 RELATING TO UNCOMPENSATED CARE
18	ARTICLE 18 RELATING TO LICENSING OF HOSPITAL FACILITIES
19	ARTICLE 19 RELATING TO WORKFORCE DEVELOPMENT

1	ARTICLE 20 RELATING TO HEALTHCARE REFORM
2	ARTICLE 21 RELATING TO HEALTH AND SAFETY
3	ARTICLE 22 RELATING TO EFFECTIVE DATE
	LC003746 - Page 2 of 621
1	ARTICLE 1
2	RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2021
3	SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in
4	this act, the following general revenue amounts are hereby appropriated out of any money in the
5	treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2021.
6	The amounts identified for federal funds and restricted receipts shall be made available pursuant to
7	section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes
8	and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw
9	his or her orders upon the general treasurer for the payment of such sums or such portions thereof
10	as may be required from time to time upon receipt by him or her of properly authenticated vouchers.
11	Administration
12	Central Management
13	General Revenues 2,423,908
14	Legal Services
15	General Revenues 1,989,133
16	Accounts and Control
17	General Revenues 5,156,032
18	Restricted Receipts – OPEB Board Administration 140,188
19	Total – Accounts and Control 5,296,220
20	Office of Management and Budget
21	General Revenues 8,293,250
22	Restricted Receipts 300,000
23	Other Funds 1,053,893
24	Total – Office of Management and Budget 9,647,143
25
26	Purchasing
27	General Revenues 3,591,871
28	Restricted Receipts 462,694
29	Other Funds 472,160
30	Total – Purchasing 4,526,725
31	Human Resources
32	General Revenues 389,142
33	Personnel Appeal Board
34	General Revenues 125,298
	LC003746 - Page 3 of 621
1	Information Technology
2	General Revenues 2,797,418
3	Federal Funds 114,000
4	Restricted Receipts 10,590,318
5	Total – Information Technology 13,501,736
6	Library and Information Services
7	General Revenues 1,614,327
8	Federal Funds 1,378,428
9	Restricted Receipts 1,404
10	Total – Library and Information Services 2,994,159
11	Planning
12	General Revenues 978,745
13	Federal Funds 15,448
14	Other Funds
15	Air Quality Modeling 24,000
16	Federal Highway – PL Systems Planning 4,953,991
17	FTA – Metro Planning Grant 1,244,361
18	Total – Planning 7,216,545
19	General
20	General Revenues
21	Miscellaneous Grants/Payments 130,000
22	Provided that this amount be allocated to City Year for the Whole School Whole Child
23	Program, which provides individualized support to at-risk students.
24	Torts – Courts/Awards 900,000
25	Resource Sharing and State Library Aid 9,562,072
26	Library Construction Aid 2,702,866
27	Restricted Receipts 700,000
28	Other Funds
29	Rhode Island Capital Plan Funds
30	Security Measures State Buildings 750,000
31	Energy Efficiency Improvements 500,000
32	Cranston Street Armory 250,000
33	State House Renovations 928,000
34	Zambarano Utilities & Infrastructure 1,300,000
	LC003746 - Page 4 of 621
1	Replacement of Fueling Tanks 500,000
2	Environmental Compliance 200,000
3	Big River Management Area 200,000
4	Veterans Memorial Auditorium 100,000
5	Shepard Building 250,000
6	Pastore Center Water Tanks & Pipes 100,000
7	RI Convention Center Authority 2,000,000
8	Dunkin Donuts Center 1,500,000
9	Pastore Center Power Plant Rehabilitation 750,000
10	Accessibility – Facility Renovations 1,000,000
11	DoIT Enterprise Operations Center 800,000
12	BHDDH MH & Community Facilities – Asset Protection 200,000
13	BHDDH DD & Community Homes – Fire Code 325,000
14	BHDDH DD Regional Facilities – Asset Protection 300,000
15	BHDDH Substance Abuse Asset Protection 250,000
16	BHDDH Group Homes 500,000
17	Hospital Consolidation 12,000,000
18	Statewide Facility Master Plan 310,000
19	Cannon Building 1,500,000
20	Old State House 1,700,000
21	State Office Building 350,000
22	State Office Reorganization & Relocation 1,750,000
23	William Powers Building 1,000,000
24	Pastore Center Utilities Upgrade 320,000
25	Pastore Center Medical Buildings Asset Protection 2,000,000
26	Pastore Center Non-Medical Buildings Asset Protection 4,000,000
27	Washington County Government Center 300,000
28	Chapin Health Laboratory 550,000
29	560 Jefferson Blvd- Asset Protection 100,000
30	Arrigan Center 50,000
31	Total – General 52,627,938
32	Debt Service Payments
33	General Revenues 159,429,797
34	Out of the general revenue appropriations for debt service, the General Treasurer is
	LC003746 - Page 5 of 621
1	authorized to make payments for the I-195 Redevelopment District Commission loan up to the
2	maximum debt service due in accordance with the loan agreement.
3	Other Funds
4	Transportation Debt Service 39,834,845
5	Investment Receipts – Bond Funds 100,000
6	Total - Debt Service Payments 199,364,642
7	Energy Resources
8	Federal Funds 612,629
9	Stimulus – State Energy Plan 366,390
10	Restricted Receipts 7,504,706
11	Total – Energy Resources 8,483,725
12	Rhode Island Health Benefits Exchange
13	General Revenues 2,339,654
14	Restricted Receipts 19,140,138
15	Total – Rhode Island Health Benefits Exchange 21,479,792
16	Office of Diversity, Equity & Opportunity
17	General Revenues 1,369,940
18	Other Funds 112,354
19	Total – Office of Diversity, Equity & Opportunity 1,482,294
20	Capital Asset Management and Maintenance
21	General Revenues 11,164,765
22	Grand Total – Administration 342,713,165
23	Business Regulation
24	Central Management
25	General Revenues 3,106,904
26	Banking Regulation
27	General Revenues 1,598,925
28	Restricted Receipts 75,000
29	Total – Banking Regulation 1,673,925
30	Securities Regulation
31	General Revenues 910,737
32	Restricted Receipts 15,000
33	Total – Securities Regulation 925,737
34	Insurance Regulation
	LC003746 - Page 6 of 621
1	General Revenues 3,967,219
2	Restricted Receipts 2,159,724
3	Total – Insurance Regulation 6,126,943
4	Office of the Health Insurance Commissioner
5	General Revenues 1,730,887
6	Federal Funds 112,983
7	Restricted Receipts 787,702
8	Total – Office of the Health Insurance Commissioner 2,631,572
9	Board of Accountancy
10	General Revenues 5,883
11	Commercial Licensing and Gaming and Athletics Licensing
12	General Revenues 1,014,252
13	Restricted Receipts 944,833
14	Total – Commercial Licensing and Gaming and Athletics Licensing 1,959,085
15	Building, Design and Fire Professionals
16	General Revenues 6,335,410
17	Federal Funds 656,000
18	Restricted Receipts 1,776,105
19	Other Funds
20	Quonset Development Corporation 73,013
21	Rhode Island Capital Plan Funds
22	Fire Academy – Asset Protection 100,000
23	Fire Marshal – Evidence Repository 100,000
24	Total – Building, Design and Fire Professionals 9,040,528
25	Office of Cannabis Regulation
26	Restricted Receipts 4,630,680
27	Grand Total – Business Regulation 30,101,257
28	Executive Office of Commerce
29	Central Management
30	General Revenues 2,642,830
31	Housing and Community Development
32	General Revenues 1,087,009
33	Federal Funds 15,421,017
34	Restricted Receipts 8,255,911
	LC003746 - Page 7 of 621
1	Total – Housing and Community Development 24,763,937
2	Quasi–Public Appropriations
3	General Revenues
4	Rhode Island Commerce Corporation 7,485,022
5	Airport Impact Aid 1,010,036
6	Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
7	distributed to each airport serving more than 1,000,000 passengers based upon its percentage of
8	the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent
9	(40%) of the first $1,000,000 shall be distributed based on the share of landings during calendar
10	year 2020 at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset
11	Airport,
12	T.F. Green Airport and Westerly Airport, respectively. The Rhode Island Commerce
13	Corporation shall make an impact payment to the towns or cities in which the airport is located
14	based on this calculation. Each community upon which any part of the above airports is located
15	shall receive at least $25,000.
16	STAC Research Alliance 900,000
17	Innovative Matching Grants/Internships 1,000,000
18	I-195 Redevelopment District Commission 891,000
19	Polaris Manufacturing Grant 400,000
20	East Providence Waterfront Commission 50,000
21	Minority Entrepreneurship 150,000
22	International Trade and Export Programming 476,200
23	Other Funds
24	Rhode Island Capital Plan Funds
25	I-195 Redevelopment District Commission 510,000
26	Quonset Piers 5,000,000
27	Quonset Point Infrastructure 6,000,000
28	I-195 Park Improvements 1,000,000
29	Total – Quasi–Public Appropriations 24,872,258
30	Economic Development Initiatives Fund
31	General Revenues
32	Innovation Initiative 1,000,000
33	Rebuild RI Tax Credit Fund 22,500,000
34	Competitive Cluster Grants 350,000
	LC003746 - Page 8 of 621
1	P-tech 200,000
2	Small Business Promotion 300,000
3	Small Business Assistance 750,000
4	I-195 Redevelopment Fund 1,000,000
5	Total – Economic Development Initiatives Fund 26,100,000
6	Commerce Programs
7	General Revenues
8	Wavemaker Fellowship 2,072,000
9	Grand Total – Executive Office of Commerce 80,451,025
10	Labor and Training
11	Central Management
12	General Revenues 940,901
13	Restricted Receipts 202,552
14	Total – Central Management 1,143,453
15	Workforce Development Services
16	General Revenues 1,178,301
17	Provided that $100,000 be allocated to support the Opportunities Industrialization Center
18	and that $250,000 be allocated for Year Up, for the purpose of supporting Rhode Island-based
19	programming providing under-served young adults with a combination of hands-on skill
20	development, academic coursework, internships, and wraparound support.
21	Federal Funds 23,445,003
22	Other Funds 39,660
23	Total – Workforce Development Services 24,662,964
24	Workforce Regulation and Safety
25	General Revenues 3,867,652
26	Income Support
27	General Revenues 3,852,380
28	Federal Funds 13,297,410
29	Restricted Receipts 1,580,628
30	Other Funds
31	Temporary Disability Insurance Fund 211,912,702
32	Employment Security Fund 159,835,000
33	Total – Income Support 390,478,120
34	Injured Workers Services
	LC003746 - Page 9 of 621
1	Restricted Receipts 12,361,069
2	Labor Relations Board
3	General Revenues 382,908
4	Governor’s Workforce Board
5	General Revenues 12,700,000
6	Restricted Receipts 19,139,007
7	Total-Governor’s Workforce Board 31,839,007
8	Grand Total – Labor and Training 464,735,173
9	Department of Revenue
10	Director of Revenue
11	General Revenues 2,155,214
12	Office of Revenue Analysis
13	General Revenues 903,842
14	Lottery Division
15	Other Funds 434,586,420
16	Municipal Finance
17	General Revenues 2,448,854
18	Taxation
19	General Revenues 34,237,840
20	Federal Funds 1,495,230
21	Restricted Receipts 1,164,098
22	Other Funds
23	Motor Fuel Tax Evasion 155,000
24	Temporary Disability Insurance Fund 1,103,794
25	Total – Taxation 38,155,962
26	Registry of Motor Vehicles
27	General Revenues 34,354,349
28	Federal Funds 85,174
29	Restricted Receipts 3,400,411
30	Total – Registry of Motor Vehicles 37,839,934
31	State Aid
32	General Revenues
33	Distressed Communities Relief Fund 6,192,229
34	Payment in Lieu of Tax Exempt Properties 46,089,504
	LC003746 - Page 10 of 621
1	Motor Vehicle Excise Tax Payments 100,745,937
2	Property Revaluation Program 1,118,610
3	Restricted Receipts 995,120
4	Total – State Aid 155,141,400
5	Collections
6	General Revenues 850,492
7	Grand Total – Revenue 672,082,118
8	Legislature
9	General Revenues 45,075,055
10	Restricted Receipts 1,839,182
11	Grand Total – Legislature 46,914,237
12	Lieutenant Governor
13	General Revenues 1,163,022
14	Secretary of State
15	Administration
16	General Revenues 3,481,901
17	Corporations
18	General Revenues 2,303,182
19	State Archives
20	General Revenues 145,503
21	Restricted Receipts 477,410
22	Total – State Archives 622,913
23	Elections and Civics
24	General Revenues 2,797,050
25	Federal Funds 389,155
26	Other Funds
27	Rhode Island Capital Plan Fund
28	Election Equipment 170,000
29	Total – Elections and Civics 3,356,205
30	State Library
31	General Revenues 686,981
32	Provided that $125,000 be allocated to support the Rhode Island Historical Society
33	pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the
34	Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2.
	LC003746 - Page 11 of 621
1	Office of Public Information
2	General Revenues 469,011
3	Receipted Receipts 25,000
4	Total – Office of Public Information 494,011
5	Grand Total – Secretary of State 10,945,193
6	General Treasurer
7	Treasury
8	General Revenues 2,595,013
9	Federal Funds 320,096
10	Other Funds
11	Temporary Disability Insurance Fund 281,131
12	Tuition Savings Program – Administration 359,293
13	Total –Treasury 3,555,533
14	State Retirement System
15	Restricted Receipts
16	Admin Expenses – State Retirement System 10,937,624
17	Retirement – Treasury Investment Operations 1,910,622
18	Defined Contribution – Administration 204,427
19	Total – State Retirement System 13,052,673
20	Unclaimed Property
21	Restricted Receipts 25,868,450
22	Crime Victim Compensation Program
23	General Revenues 396,407
24	Federal Funds 690,946
25	Restricted Receipts 1,062,984
26	Total – Crime Victim Compensation Program 2,150,337
27	Grand Total – General Treasurer 44,626,993
28	Board of Elections
29	General Revenues 3,472,921
30	Rhode Island Ethics Commission
31	General Revenues 1,977,107
32	Office of Governor
33	General Revenues
34	General Revenues 6,330,157
	LC003746 - Page 12 of 621
1	Contingency Fund 250,000
2	Grand Total – Office of Governor 6,580,157
3	Commission for Human Rights
4	General Revenues 1,452,747
5	Federal Funds 504,702
6	Grand Total – Commission for Human Rights 1,957,449
7	Public Utilities Commission
8	Federal Funds 178,774
9	Restricted Receipts 11,479,490
10	Grand Total – Public Utilities Commission 11,658,234
11	Office of Health and Human Services
12	Central Management
13	General Revenues 37,734,050
14	Federal Funds 128,993,655
15	Restricted Receipts 16,244,858
16	Total – Central Management 182,972,563
17	Medical Assistance
18	General Revenues
19	Managed Care 307,591,123
20	Hospitals 90,053,924
21	Nursing Facilities 170,408,185
22	Home and Community Based Services 38,201,520
23	Other Services 102,045,418
24	Pharmacy 74,876,310
25	Rhody Health 189,750,388
26	Federal Funds
27	Managed Care 397,395,465
28	Hospitals 100,359,163
29	Nursing Facilities 197,042,827
30	Home and Community Based Services 44,494,724
31	Other Services 498,499,535
32	Pharmacy (130,361)
33	Rhody Health 219,005,485
34	Other Programs 46,338,580
	LC003746 - Page 13 of 621
1	Restricted Receipts 23,294,200
2	Total – Medical Assistance 2,499,226,486
3	Grand Total – Office of Health and Human Services 2,682,199,049
4	Children, Youth, and Families
5	Central Management
6	General Revenues 12,283,755
7	Federal Funds 3,731,438
8	Total – Central Management 16,015,193
9	Children's Behavioral Health Services
10	General Revenues 6,423,965
11	Federal Funds 6,143,104
12	Total – Children's Behavioral Health Services 12,567,069
13	Juvenile Correctional Services
14	General Revenues 21,959,039
15	Federal Funds 362,227
16	Restricted Receipts 22,384
17	Other Funds
18	Rhode Island Capital Plan Funds
19	Training School Asset Protection 250,000
20	Rhode Island Training School Redesign 1,750,000
21	Total – Juvenile Correctional Services 24,343,650
22	Child Welfare
23	General Revenues 146,123,243
24	Federal Funds 62,468,819
25	Restricted Receipts 2,057,253
26	Total – Child Welfare 210,649,315
27	Grand Total – Children, Youth, and Families 263,575,227
28	Health
29	Central Management
30	General Revenues 3,230,023
31	Federal Funds 4,843,613
32	Restricted Receipts 7,622,460
33	Total – Central Management 15,696,096
34	Community Health and Equity
	LC003746 - Page 14 of 621
1	General Revenues 1,675,077
2	Federal Funds 67,417,961
3	Restricted Receipts 37,644,473
4	Total – Community Health and Equity 106,737,511
5	Environmental Health
6	General Revenues 5,845,484
7	Federal Funds 7,978,885
8	Restricted Receipts 735,265
9	Total – Environmental Health 14,559,634
10	Health Laboratories and Medical Examiner
11	General Revenues 10,792,885
12	Federal Funds 2,178,021
13	Other Funds
14	Rhode Island Capital Plan Funds
15	Health Laboratories & Medical Examiner Equipment 400,000
16	Total – Health Laboratories and Medical Examiner 13,370,906
17	Customer Services
18	General Revenues 8,273,591
19	Federal Funds 5,119,384
20	Restricted Receipts 1,918,011
21	Total – Customer Services 15,310,986
22	Policy, Information and Communications
23	General Revenues 1,150,992
24	Federal Funds 3,090,167
25	Restricted Receipts 1,106,599
26	Total – Policy, Information and Communications 5,347,758
27	Preparedness, Response, Infectious Disease & Emergency Services
28	General Revenues 2,031,926
29	Federal Funds 13,670,114
30	Total – Preparedness, Response, Infectious Disease &
31	Emergency Services 15,702,040
32	Grand Total - Health 186,724,931
33	Human Services
34	Central Management
	LC003746 - Page 15 of 621
1	General Revenues 4,537,518
2	Of this amount, $300,000 is to support the Domestic Violence Prevention Fund to provide
3	direct services through the Coalition Against Domestic Violence, $217,000 is for outreach and
4	supportive services through Day One, $350,000 is for food collection and distribution through the
5	Rhode Island Community Food Bank, $500,000 for services provided to the homeless at Crossroads
6	Rhode Island, $600,000 for the Community Action Fund and $200,000 is for the Institute for the
7	Study and Practice of Nonviolence’s Reduction Strategy.
8	Federal Funds 4,800,895
9	Total – Central Management 9,338,413
10	Child Support Enforcement
11	General Revenues 2,920,779
12	Federal Funds 7,893,485
13	Total – Child Support Enforcement 10,814,264
14	Individual and Family Support
15	General Revenues 35,985,963
16	Federal Funds 112,423,645
17	Restricted Receipts 591,905
18	Other Funds
19	Rhode Island Capital Plan Funds
20	Blind Vending Facilities 165,000
21	Total – Individual and Family Support 149,166,513
22	Office of Veterans Services
23	General Revenues 22,503,442
24	Of this amount, $200,000 is to provide support services through Veterans’ organizations.
25	Federal Funds 14,057,835
26	Restricted Receipts 6,482,443
27	Other Funds
28	Rhode Island Capital Plan Funds
29	Veterans Home Asset Protection 100,000
30	Total – Office of Veterans Services 43,143,720
31	Health Care Eligibility
32	General Revenues 7,680,331
33	Federal Funds 12,066,001
34	Total – Health Care Eligibility 19,746,332
	LC003746 - Page 16 of 621
1	Supplemental Security Income Program
2	General Revenues 18,889,840
3	Rhode Island Works
4	General Revenues 13,423,484
5	Federal Funds 89,424,729
6	Total – Rhode Island Works 102,848,213
7	Other Programs
8	General Revenues 858,200
9	Of this appropriation, $90,000 shall be used for hardship contingency payments.
10	Federal Funds 250,157,901
11	Total – Other Programs 251,016,101
12	Office of Healthy Aging
13	General Revenues 11,085,364
14	Of this amount, $325,000 is to provide elder services, including respite, through the
15	Diocese of Providence, $40,000 for ombudsman services provided by the Alliance for Long Term
16	Care in accordance with Rhode Island General Laws, Chapter 42-66.7, $85,000 for security for
17	housing for the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, $800,000
18	for Senior Services Support and $580,000 for elderly nutrition, of which $530,000 is for Meals on
19	Wheels.
20	Federal Funds 14,567,904
21	Restricted Receipts 177,582
22	Other Funds
23	Intermodal Surface Transportation Fund 4,428,478
24	Total – Office of Healthy Aging 30,259,328
25	Grand Total – Human Services 635,222,724
26	Behavioral Healthcare, Developmental Disabilities, and Hospitals
27	Central Management
28	General Revenues 4,676,060
29	Federal Funds 2,104,685
30	Total – Central Management 6,780,745
31	Hospital and Community System Support
32	General Revenues 2,971,717
33	Federal Funds 298,644
34	Restricted Receipts 299,584
	LC003746 - Page 17 of 621
1	Total – Hospital and Community System Support 3,569,945
2	Services for the Developmentally Disabled
3	General Revenues 137,162,467
4	Of this general revenue funding, $1.0 million shall be expended on certain community-
5	based BHDDH developmental disability private provider and self-directed consumer direct care
6	service worker raises and associated payroll costs as authorized by the Department of Behavioral
7	Healthcare, Developmental Disabilities and Hospitals. Any increases for direct support staff in
8	residential or other community-based settings must first receive the approval of the Office of
9	Management and Budget and the Executive Office of Health and Human Services.
10	Federal Funds 167,625,017
11	Of this federal funding, $1.2 million shall be expended on certain community- based
12	BHDDH developmental disability private provider and self-directed consumer direct care service
13	worker raises and associated payroll costs as authorized by the Department of Behavioral
14	Healthcare, Developmental Disabilities and Hospitals. Any increases for direct support staff in
15	residential or other community-based settings must first receive the approval of the Office of
16	Management and Budget and the Executive Office of Health and Human Services.
17	Restricted Receipts 337,075
18	Other Funds
19	Rhode Island Capital Plan Funds
20	DD Residential Development 100,000
21	Total – Services for the Developmentally Disabled 305,224,559
22	Behavioral Healthcare Services
23	General Revenues 3,353,189
24	Federal Funds 35,513,091
25	Restricted Receipts 2,527,125
26	Total – Behavioral Healthcare Services 41,393,405
27	Hospital and Community Rehabilitative Services
28	General Revenues 59,620,000
29	Federal Funds 65,197,992
30	Restricted Receipts 4,970,227
31	Other Funds
32	Rhode Island Capital Plan Funds
33	Hospital Equipment 300,000
34	Total - Hospital and Community Rehabilitative Services 130,088,219
	LC003746 - Page 18 of 621
1	Grand Total – Behavioral Healthcare, Developmental
2	Disabilities, and Hospitals 487,056,873
3	Office of the Child Advocate
4	General Revenues 1,063,237
5	Federal Funds 184,799
6	Grand Total – Office of the Child Advocate 1,248,036
7	Commission on the Deaf and Hard of Hearing
8	General Revenues 537,816
9	Restricted Receipts 62,454
10	Grand Total – Comm. On Deaf and Hard of Hearing 600,270
11	Governor’s Commission on Disabilities
12	General Revenues
13	General Revenues 607,630
14	Livable Home Modification Grant Program 500,002
15	Provided that this will be used for home modification and accessibility enhancements to construct,
16	retrofit, and/or renovate residences to allow individuals to remain in community settings. This will
17	be in consultation with the Executive Office of Health and Human Services.
18	Federal Funds 400,000
19	Restricted Receipts 111,163
20	Total – Governor’s Commission on Disabilities 1,618,795
21	Office of the Mental Health Advocate
22	General Revenues 630,982
23	Elementary and Secondary Education
24	Administration of the Comprehensive Education Strategy
25	General Revenues 22,769,230
26	Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s
27	Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $395,000 be allocated to
28	support child opportunity zones through agreements with the Department of Elementary and
29	Secondary Education to strengthen education, health and social services for students and their
30	families as a strategy to accelerate student achievement.
31	Federal Funds 223,322,711
32	Restricted Receipts
33	Restricted Receipts 3,301,734
34	HRIC Adult Education Grants 3,500,000
	LC003746 - Page 19 of 621
1	Total – Admin. of the Comprehensive Ed. Strategy 252,893,675
2	Davies Career and Technical School
3	General Revenues 13,771,120
4	Federal Funds 1,505,858
5	Restricted Receipts 4,459,260
6	Other Funds
7	Rhode Island Capital Plan Funds
8	Davies School HVAC 500,000
9	Davies School Asset Protection 150,000
10	Davies School Healthcare Classroom Renovations 500,000
11	Total – Davies Career and Technical School 20,886,238
12	RI School for the Deaf
13	General Revenues 6,511,211
14	Federal Funds 513,331
15	Restricted Receipts 474,337
16	Other Funds
17	School for the Deaf Transformation Grants 59,000
18	Rhode Island Capital Plan Funds
19	School for the Deaf Asset Protection 50,000
20	Total – RI School for the Deaf 7,607,879
21	Metropolitan Career and Technical School
22	General Revenues 9,342,007
23	Other Funds
24	Rhode Island Capital Plan Funds
25	MET School Asset Protection 250,000
26	Total – Metropolitan Career and Technical School 9,592,007
27	Education Aid
28	General Revenues 990,098,889
29	Provided that the criteria for the allocation of early childhood funds shall prioritize
30	prekindergarten seats and classrooms for four-year-olds whose family income is at or below one
31	hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities
32	with higher concentrations of low performing schools.
33	Restricted Receipts 32,449,553
34	Other Funds
	LC003746 - Page 20 of 621
1	Permanent School Fund 500,000
2	Total – Education Aid 1,023,048,422
3	Central Falls School District
4	General Revenues 43,058,012
5	School Construction Aid
6	General Revenues
7	School Housing Aid 79,130,193
8	School Building Authority Capital Fund 869,807
9	Total – School Construction Aid 80,000,000
10	Teachers' Retirement
11	General Revenues 118,375,402
12	Grand Total – Elementary and Secondary Education 1,555,461,635
13	Public Higher Education
14	Office of Postsecondary Commissioner
15	General Revenues 16,805,575
16	Provided that $355,000 shall be allocated the Rhode Island College Crusade pursuant to the
17	Rhode Island General Law, Section 16-70-5 and that $75,000 shall be allocated to Best Buddies
18	Rhode Island to support its programs for children with developmental and intellectual disabilities. It
19	is also provided that $7,233,864 shall be allocated to the Rhode Island Promise Scholarship
20	program and $147,000 shall be used to support Rhode Island’s membership in the New England
21	Board of Higher Education.
22	Federal Funds
23	Federal Funds 3,855,837
24	Guaranty Agency Administration 400,000
25	Provided that an amount equivalent to not more than ten (10) percent of the guaranty agency
26	operating fund appropriated for direct scholarship and grants in fiscal year 2021 shall be
27	appropriated for guaranty agency administration in fiscal year 2021. This limitation
28	notwithstanding, final appropriations for fiscal year 2021 for guaranty agency administration may
29	also include any residual monies collected during fiscal year 2021 that relate to guaranty agency
30	operations, in excess of the foregoing limitation.
31	Guaranty Agency Operating Fund-Scholarships & Grants 4,000,000
32	Restricted Receipts 2,556,166
33	Other Funds
34	Tuition Savings Program – Dual Enrollment 3,187,751
	LC003746 - Page 21 of 621
1	Tuition Savings Program – Scholarships and Grants 5,595,000
2	Nursing Education Center – Operating 3,154,580
3	Rhode Island Capital Plan Funds
4	Higher Education Centers 2,000,000
5	Provided that the state fund no more than 50.0 percent of the total project cost.
6	Total – Office of Postsecondary Commissioner 41,554,909
7	University of Rhode Island
8	General Revenues
9	General Revenues 83,843,790
10	Provided that in order to leverage federal funding and support economic development,
11	$350,000 shall be allocated to the Small Business Development Center and that $50,000
12	shall be allocated to Special Olympics Rhode Island to support its mission of providing athletic
13	opportunities for individuals with intellectual and developmental disabilities.
14	Debt Service 30,552,361
15	RI State Forensics Laboratory 1,309,006
16	Other Funds
17	University and College Funds 706,291,345
18	Debt – Dining Services 983,687
19	Debt – Education and General 4,894,005
20	Debt – Health Services 787,110
21	Debt – Housing Loan Funds 12,765,579
22	Debt – Memorial Union 320,156
23	Debt – Ryan Center 2,359,093
24	Debt – Alton Jones Services 103,097
25	Debt – Parking Authority 1,090,069
26	Debt – Restricted Energy Conservation 788,838
27	Debt – URI Energy Conservation 2,558,981
28	Rhode Island Capital Plan Funds
29	Asset Protection 8,531,280
30	Total – University of Rhode Island 857,178,397
31	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
32	unencumbered balances as of June 30, 2021 relating to the University of Rhode Island are hereby
33	reappropriated to fiscal year 2022.
34	Rhode Island College
	LC003746 - Page 22 of 621
1	General Revenues
2	General Revenues 52,172,385
3	Debt Service 5,706,171
4	Other Funds
5	University and College Funds 133,203,147
6	Debt – Education and General 877,841
7	Debt – Housing 366,667
8	Debt – Student Center and Dining 154,297
9	Debt – Student Union 208,800
10	Debt – G.O. Debt Service 1,644,301
11	Debt Energy Conservation 655,575
12	Rhode Island Capital Plan Funds
13	Asset Protection 4,150,000
14	Infrastructure Modernization 3,500,000
15	Total – Rhode Island College 202,639,184
16	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
17	unencumbered balances as of June 30, 2021 relating to Rhode Island College are hereby
18	reappropriated to fiscal year 2022.
19	Community College of Rhode Island
20	General Revenues
21	General Revenues 52,527,861
22	Debt Service 1,486,945
23	Restricted Receipts 655,700
24	Other Funds
25	University and College Funds 104,977,414
26	CCRI Debt Service – Energy Conservation 833,125
27	Rhode Island Capital Plan Funds
28	Asset Protection 2,487,857
29	Knight Campus Renewal 3,500,000
30	Knight Campus Lab Renovation 1,300,000
31	Flanagan Campus Renewal 2,000,000
32	Data, Cabling, and Power Infrastructure 1,500,000
33	Total – Community College of RI 171,268,902
34	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
	LC003746 - Page 23 of 621
1	unencumbered balances as of June 30, 2021 relating to the Community College of Rhode Island
2	are hereby reappropriated to fiscal year 2022.
3	Grand Total – Public Higher Education 1,272,641,392
4	RI State Council on the Arts
5	General Revenues
6	Operating Support 851,961
7	Grants 1,205,000
8	Provided that $375,000 be provided to support the operational costs of WaterFire
9	Providence art installations.
10	Federal Funds 828,776
11	Restricted Receipts 15,000
12	Other Funds
13	Art for Public Facilities 602,750
14	Grand Total – RI State Council on the Arts 3,503,487
15	RI Atomic Energy Commission
16	General Revenues 1,064,567
17	Federal Funds 7,936
18	Restricted Receipts 99,000
19	Other Funds
20	URI Sponsored Research 299,276
21	Rhode Island Capital Plan Funds
22	RINSC Asset Protection 50,000
23	Grand Total – RI Atomic Energy Commission 1,520,779
24	RI Historical Preservation and Heritage Commission
25	General Revenues 1,598,029
26	Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration
27	activities.
28	Federal Funds 563,476
29	Restricted Receipts 422,100
30	Other Funds
31	RIDOT Project Review 146,624
32	Grand Total – RI Historical Preservation and Heritage Comm. 2,730,229
33	Attorney General
34	Criminal
	LC003746 - Page 24 of 621
1	General Revenues 18,295,003
2	Federal Funds 2,913,491
3	Restricted Receipts 365,363
4	Total – Criminal 21,573,857
5	Civil
6	General Revenues 6,404,555
7	Restricted Receipts 780,489
8	Total – Civil 7,185,044
9	Bureau of Criminal Identification
10	General Revenues 1,908,644
11	General
12	General Revenues 3,446,309
13	Other Funds
14	Rhode Island Capital Plan Funds
15	Building Renovations and Repairs 150,000
16	Total – General 3,596,309
17	Grand Total – Attorney General 34,263,854
18	Corrections
19	Central Management
20	General Revenues 16,182,952
21	Federal Funds 125,237
22	Restricted Receipts 50,000
23	Total – Central Management 16,358,189
24	Parole Board
25	General Revenues 1,471,041
26	Federal Funds 74,536
27	Total – Parole Board 1,545,577
28	Custody and Security
29	General Revenues 143,901,773
30	Federal Funds 935,081
31	Total – Custody and Security 144,836,854
32	Institutional Support
33	General Revenues 23,809,175
34	Other Funds
	LC003746 - Page 25 of 621
1	Rhode Island Capital Plan Funds
2	Asset Protection 4,100,000
3	Correctional Facilities – Renovations 2,200,000
4	Total – Institutional Support 30,109,175
5	Institutional Based Rehab./Population Management
6	General Revenues 13,294,808
7	Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender
8	discharge planning.
9	Federal Funds 826,469
10	Restricted Receipts 48,600
11	Total – Institutional Based Rehab/Population Mgt. 14,169,877
12	Healthcare Services
13	General Revenues 25,227,501
14	Restricted Receipts 846,628
15	Total – Healthcare Services 26,074,129
16	Community Corrections
17	General Revenues 18,221,990
18	Federal Funds 98,448
19	Restricted Receipts 14,854
20	Total – Community Corrections 18,335,292
21	Grand Total – Corrections 251,429,093
22	Judiciary
23	Supreme Court
24	General Revenues
25	General Revenues 29,690,653
26	Provided however, that no more than $1,451,527 in combined total shall be offset to the
27	Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the
28	Department of Children, Youth, and Families, and the Department of Public Safety for square-
29	footage occupancy costs in public courthouses and further provided that $230,000 be allocated to
30	the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy
31	project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to
32	Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals.
33	Defense of Indigents 4,985,432
34	Federal Funds 117,123
	LC003746 - Page 26 of 621
1	Restricted Receipts 3,633,229
2	Other Funds
3	Rhode Island Capital Plan Funds
4	Judicial Complexes - HVAC 1,000,000
5	Judicial Complexes Asset Protection 1,000,000
6	Judicial Complexes Fan Coil Unit Replacement 500,000
7	Licht Judicial Complex Restoration 750,000
8	Murray Courtroom Restoration 350,000
9	Total - Supreme Court 42,026,437
10	Judicial Tenure and Discipline
11	General Revenues 155,514
12	Superior Court
13	General Revenues 25,084,814
14	Federal Funds 108,905
15	Restricted Receipts 325,000
16	Total – Superior Court 25,518,719
17	Family Court
18	General Revenues 23,422,531
19	Federal Funds 3,268,112
20	Total – Family Court 26,690,643
21	District Court
22	General Revenues 14,061,858
23	Restricted Receipts 60,000
24	Total - District Court 14,121,858
25	Traffic Tribunal
26	General Revenues 8,982,592
27	Workers' Compensation Court
28	Restricted Receipts 8,992,003
29	Grand Total – Judiciary 126,487,766
30	Military Staff
31	General Revenues 3,227,916
32	Federal Funds 34,984,059
33	Restricted Receipts
34	RI Military Family Relief Fund 55,000
	LC003746 - Page 27 of 621
1	Other Funds
2	Rhode Island Capital Plan Funds
3	Asset Protection 600,000
4	Bristol Readiness Center 100,000
5	Grand Total – Military Staff 38,966,975
6	Public Safety
7	Central Management
8	General Revenues 901,539
9	Federal Funds 10,126,447
10	Restricted Receipts 94,963
11	Total – Central Management 11,122,949
12	E-911 Emergency Telephone System
13	Restricted Receipts 7,563,080
14	Security Services
15	General Revenues 26,678,184
16	Municipal Police Training Academy
17	General Revenues 310,456
18	Federal Funds 506,487
19	Total – Municipal Police Training Academy 816,943
20	State Police
21	General Revenues 77,836,189
22	Federal Funds 6,721,675
23	Restricted Receipts 1,731,022
24	Other Funds
25	Rhode Island Capital Plan Funds
26	DPS Asset Protection 482,000
27	Training Academy Upgrades 500,000
28	Airport Corporation Assistance 149,570
29	Road Construction Reimbursement 1,653,945
30	Weight and Measurement Reimbursement 400,000
31	Total – State Police 89,474,401
32	Grand Total – Public Safety 135,655,557
33	Office of Public Defender
34	General Revenues 13,386,423
	LC003746 - Page 28 of 621
1	Federal Funds 75,665
2	Grand Total – Office of Public Defender 13,462,088
3	Emergency Management Agency
4	General Revenues 2,901,055
5	Federal Funds 8,018,360
6	Restricted Receipts 553,132
7	Other Funds
8	Rhode Island Capital Plan Funds
9	RI Statewide Communications Network 1,494,414
10	Emergency Management Building Feasibility Study 250,000
11	Grand Total – Emergency Management Agency 13,216,961
12	Environmental Management
13	Office of the Director
14	General Revenues 7,221,910
15	Of this general revenue amount, $50,000 is appropriated to the Conservation Districts.
16	Federal Funds 1,496
17	Restricted Receipts 3,947,405
18	Total – Office of the Director 11,170,811
19	Natural Resources
20	General Revenues 25,080,207
21	Federal Funds 21,853,293
22	Restricted Receipts 4,609,349
23	Other Funds
24	DOT Recreational Projects 762,000
25	Blackstone Bikepath Design 1,000,000
26	Transportation MOU 10,286
27	Rhode Island Capital Plan Funds
28	Fort Adams Rehabilitation 300,000
29	Recreational Facilities Improvements 2,600,000
30	Recreation Facility Asset Protection 500,000
31	Galilee Piers Upgrade 1,850,000
32	Newport Pier Upgrades 300,000
33	Total – Natural Resources 58,865,135
34	Environmental Protection
	LC003746 - Page 29 of 621
1	General Revenues 13,957,455
2	Federal Funds 10,259,862
3	Restricted Receipts 8,071,370
4	Other Funds
5	Transportation MOU 72,961
6	Total – Environmental Protection 32,361,648
7	Grand Total – Environmental Management 102,397,594
8	Coastal Resources Management Council
9	General Revenues 2,740,539
10	Federal Funds 1,575,694
11	Restricted Receipts 250,000
12	Other Funds
13	Rhode Island Capital Plan Funds
14	Rhode Island Coastal Storm Risk Study 475,000
15	Grand Total – Coastal Resources Mgmt. Council 5,041,233
16	Transportation
17	Central Management
18	Federal Funds
19	Other Funds 10,062,731
20	Gasoline Tax 7,683,082
21	Total – Central Management 17,745,813
22	Management and Budget
23	Other Funds
24	Gasoline Tax 4,851,298
25	Infrastructure Engineering
26	Federal Funds 330,681,367
27	Restricted Receipts 2,656,328
28	Other Funds
29	Gasoline Tax 76,035,564
30	Toll Revenue 46,946,000
31	Miscellaneous Revenue 3,280,000
32	Rhode Island Capital Plan Funds
33	Bike Path Facilities Maintenance 400,000
34	Highway Improvement Program 29,951,346
	LC003746 - Page 30 of 621
1	RIPTA - College Hill Bus Tunnel 800,000
2	RIPTA - Land and Buildings 610,000
3	RIPTA - Warwick Bus Hub 140,000
4	RIPTA - URI Mobility Hub 500,000
5	Total - Infrastructure Engineering 492,000,605
6	Infrastructure Maintenance
7	Other Funds
8	Gasoline Tax 23,886,243
9	Miscellaneous Revenue 550,000
10	Rhode Island Highway Maintenance Account 117,078,407
11	Rhode Island Capital Plan Funds
12	Maintenance Facilities Improvements 600,000
13	Welcome Center 150,000
14	Salt Storage Facilities 1,300,000
15	Maintenance - Equipment Replacement 1,500,000
16	Train Station Maintenance and Repairs 350,000
17	Total – Infrastructure Maintenance 145,414,650
18	Grand Total – Transportation 660,012,366
19	Statewide Totals
20	General Revenues 4,247,805,061
21	Federal Funds 3,323,135,247
22	Restricted Receipts 348,918,183
23	Other Funds 2,275,187,456
24	Statewide Grand Total 10,195,045,947
25	SECTION 2. Each line appearing in Section 1 of this Article shall constitute an
26	appropriation.
27	SECTION 3. Upon the transfer of any function of a department or agency to another
28	department or agency, the Governor is hereby authorized by means of executive order to transfer
29	or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected
30	thereby; provided, however, in accordance with Rhode Island General Law, Section 42-6-5, when
31	the duties or administrative functions of government are designated by law to be performed
32	within a particular department or agency, no transfer of duties or functions and no re-allocation,
33	in whole or part, or appropriations and full-time equivalent positions to any other department or
34	agency shall be authorized.
	LC003746 - Page 31 of 621
1	SECTION 4. From the appropriation for contingency shall be paid such sums as may be
2	required at the discretion of the Governor to fund expenditures for which appropriations may not
3	exist. Such contingency funds may also be used for expenditures in the several departments and
4	agencies where appropriations are insufficient, or where such requirements are due to unforeseen
5	conditions or are non-recurring items of an unusual nature. Said appropriations may also be used
6	for the payment of bills incurred due to emergencies or to any offense against public peace and
7	property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as
8	amended. All expenditures and transfers from this account shall be approved by the Governor.
9	SECTION 5. The general assembly authorizes the state controller to establish the internal
10	service accounts shown below, and no other, to finance and account for the operations of state
11	agencies that provide services to other agencies, institutions and other governmental units on a
12	cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are
13	managed in a businesslike manner, promote efficient use of services by making agencies pay the
14	full costs associated with providing the services, and allocate the costs of central administrative
15	services across all fund types, so that federal and other non-general fund programs share in the
16	costs of general government support. The controller is authorized to reimburse these accounts for
17	the cost of work or services performed for any other department or agency subject to the
18	following expenditure limitations:
19	Account Expenditure Limit
20	State Assessed Fringe Benefit Internal Service Fund 37,505,032
21	Administration Central Utilities Internal Service Fund 27,426,989
22	State Central Mail Internal Service Fund 6,583,197
23	State Telecommunications Internal Service Fund 3,552,053
24	State Automotive Fleet Internal Service Fund 12,743,910
25	Surplus Property Internal Service Fund 3,000
26	Health Insurance Internal Service Fund 273,639,595
27	State Fleet Revolving Loan Fund 264,339
28	Other Post-Employment Benefits Fund 63,858,483
29	Capitol Police Internal Service Fund 1,429,798
30	Corrections Central Distribution Center Internal Service Fund 6,868,331
31	Correctional Industries Internal Service Fund 8,231,177
32	Secretary of State Record Center Internal Service Fund 1,046,670
33	Human Resources Internal Service Fund 13,937,328
34	DCAMM Facilities Internal Service Fund 42,849,110
	LC003746 - Page 32 of 621
1	Information Technology Internal Service Fund 49,448,621
2	SECTION 6. Legislative Intent - The General Assembly may provide a written
3	"statement of legislative intent" signed by the chairperson of the House Finance Committee and
4	by the chairperson of the Senate Finance Committee to show the intended purpose of the
5	appropriations contained in Section 1 of this Article. The statement of legislative intent shall be
6	kept on file in the House Finance Committee and in the Senate Finance Committee.
7	At least twenty (20) days prior to the issuance of a grant or the release of funds, which
8	grant or funds are listed on the legislative letter of intent, all department, agency and corporation
9	directors, shall notify in writing the chairperson of the House Finance Committee and the
10	chairperson of the Senate Finance Committee of the approximate date when the funds are to be
11	released or granted.
12	SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby
13	appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all
14	funds required to be disbursed for the benefit payments from the Temporary Disability Insurance
15	Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2021.
16	SECTION 8. Appropriation of Employment Security Funds -- There is hereby
17	appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to
18	be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending
19	June 30, 2021.
20	SECTION 9. Appropriation of Lottery Division Funds -- There is hereby appropriated to
21	the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes
22	of paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2021.
23	SECTION 10. Appropriation of CollegeBoundSaver Funds – There is hereby
24	appropriated to the Office of the General Treasurer designated funds received under the
25	CollegeBoundSaver program for transfer to the Division of Higher Education Assistance within
26	the Office of the Postsecondary Commissioner to support student financial aid for the fiscal year
27	ending June 30, 2021.
28	SECTION 11. Appropriation of Higher Education Funds -- There is hereby appropriated
29	to Public Higher Education any funds required to be disbursed by the public institutions of higher
30	education for the purposes of carrying out the mission of each institution for the fiscal year
31	ending June 30, 2021.
32	SECTION 12. Departments and agencies listed below may not exceed the number of full-
33	time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
34	not include limited period positions or, seasonal or intermittent positions whose scheduled period
	LC003746 - Page 33 of 621
1	of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not
2	exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor
3	do they include individuals engaged in training, the completion of which is a prerequisite of
4	employment. Provided, however, that the Governor or designee, Speaker of the House of
5	Representatives or designee, and the President of the Senate or designee may authorize an
6	adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a
7	detailed written recommendation to the Governor, the Speaker of the House, and the President of
8	the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the
9	chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor
10	and the Senate Fiscal Advisor.
11	State employees whose funding is from non-state general revenue funds that are time
12	limited shall receive limited term appointment with the term limited to the availability of non-
13	state general revenue funding source.
14	FY 2021 FTE POSITION AUTHORIZATION
15	Departments and Agencies Full-Time Equivalent
16	Administration 652.7
17	Provided that no more than 427.0 of the total authorization would be limited to positions
18	that support internal service fund programs.
19	Business Regulation 171.0
20	Executive Office of Commerce 15.0
21	Labor and Training 395.7
22	Revenue 611.5
23	Legislature 298.5
24	Office of the Lieutenant Governor 8.0
25	Office of the Secretary of State 59.0
26	Office of the General Treasurer 89.0
27	Board of Elections 13.0
28	Rhode Island Ethics Commission 12.0
29	Office of the Governor 45.0
30	Commission for Human Rights 14.5
31	Public Utilities Commission 54.0
32	Office of Health and Human Services 201.0
33	Children, Youth, and Families 640.5
34	Health 540.6
	LC003746 - Page 34 of 621
1	Human Services 754.0
2	Office of Veterans Services 252.1
3	Office of Healthy Aging 31.0
4	Behavioral Healthcare, Developmental Disabilities, and Hospitals 985.4
5	Office of the Child Advocate 10.0
6	Commission on the Deaf and Hard of Hearing 4.0
7	Governor’s Commission on Disabilities 4.0
8	Office of the Mental Health Advocate 4.0
9	Elementary and Secondary Education 148.1
10	School for the Deaf 60.0
11	Davies Career and Technical School 126.0
12	Office of Postsecondary Commissioner 32.0
13	Provided that 1.0 of the total authorization would be available only for positions that are
14	supported by third-party funds, 9.0 would be available only for positions at the State’s Higher
15	Education Centers located in Woonsocket and Westerly, and 10.0 would be available only for
16	positions at the Nursing Education Center.
17	University of Rhode Island 2,555.0
18	Provided that 357.8 of the total authorization would be available only for positions that
19	are supported by third-party funds.
20	Rhode Island College 949.2
21	Provided that 76.0 of the total authorization would be available only for positions that are
22	supported by third-party funds.
23	Community College of Rhode Island 849.1
24	Provided that 89.0 of the total authorization would be available only for positions that are
25	supported by third-party funds.
26	Rhode Island State Council on the Arts 8.6
27	RI Atomic Energy Commission 8.6
28	Historical Preservation and Heritage Commission 15.6
29	Office of the Attorney General 247.1
30	Corrections 1,423.0
31	Judicial 726.3
32	Military Staff 96.0
33	Emergency Management Agency 32.0
34	Public Safety 598.6
	LC003746 - Page 35 of 621
1	Office of the Public Defender 99.0
2	Environmental Management 405.0
3	Coastal Resources Management Council 30.0
4	Transportation 800.0
5	Total 15,074.7
6	No agency or department may employ contracted employees or employee services where
7	contract employees would work under state employee supervisors without determination of need
8	by the Director of Administration acting upon positive recommendations of the Budget Officer
9	and the Personnel Administrator and 15 days after a public hearing.
10	Nor may any agency or department contract for services replacing work done by state
11	employees at that time without determination of need by the Director of Administration acting
12	upon the positive recommendations of the Budget Officer and the Personnel Administrator and 30
13	days after a public hearing.
14	SECTION 13. The amounts reflected in this Article include the appropriation of Rhode
15	Island Capital Plan funds for fiscal year 2021 and supersede appropriations provided for FY 2021
16	within Section 12 of Article 1 of Chapter 088 of the P.L. of 2019.
17	The following amounts are hereby appropriated out of any money in the State’s Rhode
18	Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending
19	June 30, 2022, June 30, 2023, June 30, 2024, and June 30, 2025. These amounts supersede
20	appropriations provided within Section 12 of Article 1 of Chapter 088 of the P.L. of 2019.
21	In the event that a capital project appropriated in the budget year is overspent, the
22	department may utilize future fiscal year’s funding as listed in this section below providing that
23	the project in total does not exceed the limits set forth for each project.
24	For the purposes and functions hereinafter mentioned, the State Controller is hereby
25	authorized and directed to draw his or her orders upon the General Treasurer for the payment of
26	such sums and such portions thereof as may be required by him or her upon receipt of properly
27	authenticated vouchers.
28	FY Ending FY Ending FY Ending FY Ending
29	Project 06/30/2022 06/30/2023 06/30/2024 06/30/2025
30	DOA – 560 Jefferson Boulevard 100,000 100,000 100,000 100,000
31	DOA – Accessibility 1,000,000 1,000,000 1,000,000 1,000,000
32	DOA – Arrigan Center 147,500 825,000 125,000 50,000
33	DOA – Substance Abuse Facilities 250,000 250,000 250,000 250,000
34	DOA – Big River Management 200,000 130,000 130,000 130,000
	LC003746 - Page 36 of 621
1	DOA – Cannon Building 2,000,000 3,000,000 2,750,000 3,000,000
2	DOA – Convention Center
3	Authority 3,500,000 3,500,000 4,000,000 3,000,000
4	DOA – Cranston Street Armory 650,000 2,150,000 3,150,000 0
5	DOA – BHDDH MH Facilities 200,000 200,000 200,000 200,000
6	DOA – BHDDH Group Homes
7	Fire Protection 325,000 325,000 325,000 0
8	DOA – BHDDH DD Facilities 300,000 300,000 300,000 300,000
9	DOA – Zambarano Utilities &
10	Infrastructure 350,000 1,800,000 500,000 500,000
11	DOA – DoIT Enterprise
12	Operations Center 500,000 2,250,000 2,000,000 1,100,000
13	DOA – Dunkin Donuts Center 1,850,000 1,300,000 1,000,000 970,000
14	DOA – Environmental
15	Compliance 200,000 200,000 200,000 0
16	DOA – BHDDH Group Homes 500,000 500,000 500,000 500,000
17	DOA – Hospital Consolidation 4,994,697 0 0 0
18	DOA – Energy Efficiency 1,000,000 1,000,000 1,000,000 1,000,000
19	DOA – Old State House 100,000 100,000 100,000 0
20	DOA – Statewide Facilities
21	Master Plan 650,000 450,000 0 0
22	DOA – Pastore Building
23	Demolition 1,000,000 1,000,000 1,000,000 0
24	DOA – Pastore Center
25	Medical Buildings
26	Asset Protection 1,000,000 1,000,000 1,000,000 1,000,000
27	DOA – Pastore Center
28	Non-Medical Buildings
29	Asset Protection. 4,000,000 4,250,000 5,000,000 5,000,000
30	DOA – Pastore Electrical Utilities 175,000 200,000 200,000 350,000
31	DOA – Pastore Utilities Water 100,000 280,000 280,000 280,000
32	DOA – Security Measures
33	/State Buildings 750,000 750,000 750,000 750,000
34	DOA – State House Renovations 928,000 1,600,000 1,400,000 629,000
	LC003746 - Page 37 of 621
1	DOA – State Office Building 100,000 100,000 100,000 100,000
2	DOA – State Office
3	Reorganization & Relocation 500,000 0 0 0
4	DOA – Replacement of
5	Fuel Tanks 500,000 430,000 430,000 330,000
6	DOA – Veterans Auditorium 185,000 765,000 100,000 75,000
7	DOA – Washington County
8	Gov. Center 500,000 650,000 650,000 650,000
9	DOA – William Powers Building 3,000,000 2,500,000 3,000,000 3,000,000
10	DOA – Resource Recovery
11	Phase VI Construction 0 4,000,000 2,000,000 0
12	DBR – State Fire Marshal
13	Asset Protection 100,000 100,000 100,000 100,000
14	EOC – I-195 Commission 578,000 0 0 0
15	EOC – I-195 Park Improvements 2,300,000 700,000 0 0
16	DCYF – Training School
17	Redesign 1,750,000 0 0 0
18	DCYF – Training School
19	Asset Protection 250,000 250,000 250,000 250,000
20	DOH – Laboratory Equipment 400,000 400,000 400,000 400,000
21	DHS – Blind Vending Facilities 165,000 165,000 165,000 165,000
22	DHS – Veterans Home
23	Asset Protection 100,000 100,000 350,000 350,000
24	BHDDH – Residential Support 100,000 100,000 100,000 100,000
25	BHDDH – Hospital Equipment 300,000 300,000 300,000 300,000
26	EL SEC – Davies School HVAC 900,000 900,000 0 0
27	EL SEC – Davies School
28	Asset Protection 150,000 500,000 500,000 500,000
29	EL SEC – Davies School
30	Healthcare Classroom
31	Renovations 4,500,000 0 0 0
32	EL SEC – Met School
33	Asset Protection 250,000 250,000 250,000 250,000
34	EL SEC – Met School
	LC003746 - Page 38 of 621
1	Roof Replacement 0 550,000 1,750,000 1,750,000
2	EL SEC – School for the Deaf
3	Asset Protection 50,000 50,000 50,000 50,000
4	URI – Asset Protection 8,700,000 8,874,000 9,094,395 9,276,000
5	RIC – Asset Protection 4,233,000 4,318,000 4,426,657 4,538,000
6	RIC – Infrastructure
7	Modernization 3,750,000 3,900,000 4,250,000 4,500,000
8	CCRI – Asset Protection 2,537,615 2,588,000 2,653,124 2,719,452
9	CCRI – Data Cabling and
10	Power Infrastructure 3,300,000 3,700,000 4,650,000 0
11	CCRI – Flanagan Campus
12	Renewal 2,000,000 6,000,000 2,500,000 0
13	CCRI – Knight Campus
14	Lab Renovation 1,300,000 0 0 0
15	CCRI – Renovation
16	and Modernization 0 5,000,000 9,000,000 14,000,000
17	Atomic Energy –
18	Asset Protection 50,000 50,000 50,000 50,000
19	Attorney General –
20	Asset Protection 150,000 150,000 150,000 150,000
21	DOC – Asset Protection 4,100,000 4,100,000 4,100,000 4,100,000
22	Judiciary – Garrahy Courthouse 0 0 2,250,000 2,250,000
23	Judiciary – Asset Protection 1,000,000 1,500,000 1,500,000 1,200,000
24	Judiciary – Complex HVAC 1,000,000 1,000,000 1,000,000 500,000
25	Judiciary – Licht Judicial Complex
26	Restoration 750,000 750,000 750,000 750,000
27	Judiciary – McGrath HVAC 0 225,000 0 0
28	Judiciary – Fan Coils 500,000 500,000 500,000 500,000
29	Judiciary – Murray Courtroom
30	Restoration 350,000 0 0 0
31	Judiciary – Garrahy Courtroom
32	Restoration 250,000 750,000 750,000 0
33	Military Staff –
34	Aviation Readiness 535,263 535,263 126,166 574,183
	LC003746 - Page 39 of 621
1	Military Staff –
2	Asset Protection 600,000 600,000 600,000 600,000
3	EMA – RI Statewide
4	Communications Network 1,643,855 1,643,855 1,643,855 1,643,855
5	DPS – Asset Protection 550,000 425,000 300,000 300,000
6	DPS – Training Academy Asset
7	Protection 500,000 150,000 150,000 150,000
8	DEM – Dam Repair 1,000,000 2,000,000 2,000,000 3,000,000
9	DEM – Facilities Asset
10	Protection 500,000 500,000 500,000 500,000
11	DEM – Recreational Facilities
12	Improvements 2,600,000 2,600,000 2,600,000 2,600,000
13	DEM – Fort Adams Trust 300,000 300,000 300,000 300,000
14	DEM – Galilee Piers/Bulkhead 1,420,000 2,000,000 2,000,000 2,000,000
15	DEM – Natural Resources
16	Office & Visitor’s Center 0 2,000,000 3,000,000 0
17	DOT – Maintenance Facility
18	Improv. 600,000 500,000 500,000 500,000
19	DOT – Highway Improvement
20	Program 34,951,346 27,700,000 27,200,000 27,200,000
21	DOT – Bike Path Facilities
22	Maintenance 400,000 400,000 400,000 400,000
23	DOT – Salt Storage Facilities
24	Improv. 1,500,000 1,000,000 1,000,000 0
25	DOT – Train Station
26	Maintenance 350,000 350,000 350,000 350,000
27	DOT – Maintenance –
28	Capital Equipment Replacement 1,500,000 1,800,000 1,800,000 1,800,000
29	DOT – Welcome Center 150,000 150,000 150,000 150,000
30	DOT – RIPTA –
31	College Hill Bus Terminal 300,000 0 0 0
32	DOT – RIPTA –
33	Land and Building
34	Enhancements 500,000 500,000 500,000 500,000
	LC003746 - Page 40 of 621
1	DOT – RIPTA – URI Mobility 100,000 250,000 0 0
2	SECTION 14. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects.
3	– Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project
4	appropriations shall be reappropriated in the ensuing fiscal year and made available for the same
5	purpose. However, any such reappropriations are subject to final approval by the General
6	Assembly as part of the supplemental appropriations act. Any unexpended funds of less than five
7	hundred dollars ($500) shall be reappropriated at the discretion of the State Budget Officer.
8	SECTION 15. The following amounts are hereby appropriated out of any money in the
9	Rhode Island intermodal surface transportation fund not otherwise appropriated to be expended
10	during the fiscal years ending June 30, 2022, June 30, 2023, June 30, 2024, and June 30, 2025.
11	For the purposes and functions hereinafter mentioned, the state controller is hereby
12	authorized and directed to draw his or her orders upon the general treasurer for the payment of
13	such sums and such portions thereof from state funds as may be required by him or her upon
14	receipt of properly authenticated vouchers.
15	Should an activity or project require advancement of state funding relative to the planned
16	schedule, and the office of management and budget can demonstrate that it is cost-effective to do
17	so, the appropriation may be increased in one fiscal year and decreased in a subsequent fiscal year
18	on a dollar-to-dollar basis.
19	FY Ending FY Ending FY Ending FY Ending
20	Project 06/30/2022 06/30/2023 06/30/2024 06/30/2025
21	Stormwater Management 6,000,000 6,000,000 6,000,000 6,000,000
22	Winter Maintenance 21,000,000 21,000,000 21,000,000 21,000,000
23	Maintenance Capital Equipment 6,000,000 6,000,000 6,000,000 6,000,000
24	Non-Maintenance Capital Equipment 478,686 591,630 591,630 550,000
25	Safety Hardware Replacement 200,000 200,000 200,000 200,000
26	Traffic Safety Capital 2,200,000 2,200,000 2,200,000 2,200,000
27	6/10 Interchange 13,200,000 8,600,000 3,000,000 0
28	Newport Pell Ramps 7,260,000 0 0 0
29	Henderson Bridge 1,250,000 0 0 0
30	Providence Viaduct North 9,621,728 9,412,560 8,785,056 9,656,800
31	Washington Bridge 3,098,860 2,210,652 1,660,079 0
32	Huntington Viaduct 7,250,000 5,000,000 0 0
33	Pawtucket-Central Falls Train Station 1,561,857 0 0 0
34	Bus Purchases 3,425,330 4,012,679 4,337,401 3,558,024
	LC003746 - Page 41 of 621
1	URI Mobility Hub 0 500,000 0 0
2	SECTION 16. Reappropriation of Funding for the Intermodal Surface Transportation
3	Fund Projects. – Any unexpended and unencumbered funds from Intermodal Surface
4	Transportation Fund project appropriations shall be reappropriated in the ensuing fiscal year and
5	made available for the same purpose subject to available cash resources in the fund. However,
6	any such reappropriations are subject to final approval by the General Assembly as part of the
7	supplemental appropriations act.
8	SECTION 17. For the Fiscal Year ending June 30, 2021, the Rhode Island Housing and
9	Mortgage Finance Corporation shall provide from its resources such sums as appropriate in
10	support of the Neighborhood Opportunities Program. The Corporation shall provide a report
11	detailing the amount of funding provided to this program, as well as information on the number
12	of units of housing provided as a result to the Director of Administration, the Chair of the
13	Housing Resources Commission, the Chair of the House Finance Committee, the Chair of the
14	Senate Finance Committee and the State Budget Officer.
15	SECTION 18. Notwithstanding any general laws to the contrary, the Rhode Island
16	Infrastructure Bank shall transfer to the State Controller the sum of five million dollars
17	($5,000,000) by June 30, 2021.
18	SECTION 19. Notwithstanding any general laws to the contrary, the Rhode Island
19	Student Loan Authority shall transfer to the State Controller the sum of two million dollars
20	($2,000,000) by June 30, 2021.
21	SECTION 20. Notwithstanding any general laws to the contrary, the Rhode Island Health
22	and Educational Building Corporation shall transfer to the State Controller the sum of one million
23	dollars ($1,000,000) by June 30, 2021.
24	SECTION 21. Notwithstanding any general laws to the contrary, the Rhode Island
25	Resource Recovery Corporation shall transfer to the State Controller the sum of five million
26	dollars ($5,000,000) by June 30, 2021.
27	SECTION 22. Notwithstanding any general laws to the contrary, the Narragansett Bay
28	Commission shall transfer to the State Controller the sum of two million dollars ($2,000,000) by
29	June 30, 2021.
30	SECTION 23. Notwithstanding any general laws to the contrary, the Rhode Island
31	Housing and Mortgage Finance Corporation shall transfer to the State Controller the sum of one
32	million ninety three thousand three hundred seventy five dollars ($1,093,375) by June 30, 2021.
33	In addition, Notwithstanding any general laws to the contrary, the Rhode Island Housing and
34	Mortgage Finance Corporation is authorized to use up to one-half of any accumulated fund
	LC003746 - Page 42 of 621
1	balances previously derived from the transfer of funds from the Department of Behavioral
2	Healthcare, Developmental Disabilities and Hospitals and held in reserve for the Thresholds and
3	Access to Independence programs as of July 1, 2020, to partner with the Department of
4	Behavioral Healthcare, Developmental Disabilities and Hospitals, and any other State
5	departments as necessary in consultation with the Department of Behavioral Healthcare,
6	Developmental Disabilities and Hospitals, to pursue the creation or preservation of community-
7	based alternatives for individuals with behavioral health needs and developmental disabilities in
8	furtherance of rebalancing towards least restrictive settings and from high-cost inpatient settings
9	to lower-cost community settings.
10	SECTION 24. This article shall take effect as of July 1, 2020.
	LC003746 - Page 43 of 621
1	ARTICLE 2
2	RELATING TO STATE FUNDS
3	SECTION 1. Section 16-59-9 of the General Laws in Chapter 16-59 entitled “Council on
4	Postsecondary Education” is hereby amended to read as follows:
5	16-59-9. Educational budget and appropriations. [Effective February 1, 2020.]
6	(a) The general assembly shall annually appropriate any sums it deems necessary for support
7	and maintenance of higher education in the state and the state controller is authorized and
8	directed to draw his or her orders upon the general treasurer for the payment of the appropriations
9	or so much of the sums that are necessary for the purposes appropriated, upon the receipt by him
10	or her of proper vouchers as the council on postsecondary education may by rule provide. The
11	council shall receive, review, and adjust the budget for the office of postsecondary commissioner
12	and present the budget as part of the budget for higher education under the requirements of § 35-
13	3-4.
14	(b) The office of postsecondary commissioner and the institutions of public higher education
15	shall establish working capital accounts.
16	(c) Any tuition or fee increase schedules in effect for the institutions of public higher
17	education shall be received by the council on postsecondary education for allocation for the fiscal
18	year for which state appropriations are made to the council by the general assembly; provided that
19	no further increases may be made by the board of education or the council on postsecondary
20	education for the year for which appropriations are made. Except that these provisions shall not
21	apply to the revenues of housing, dining, and other auxiliary facilities at the university of Rhode
22	Island, Rhode Island college, and the community colleges including student fees as described in
23	P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch.
24	257 as amended.
25	(d) All housing, dining, and other auxiliary facilities at all public institutions of higher
26	learning shall be self-supporting and no funds shall be appropriated by the general assembly to
27	pay operating expenses, including principal and interest on debt services, and overhead expenses
28	for the facilities, with the exception of the mandatory fees covered by the Rhode Island promise
29	scholarship program as established by § 16-107-3. Any debt-service costs on general obligation
30	bonds presented to the voters in November 2000 and November 2004 or appropriated funds from
31	the Rhode Island capital plan for the housing auxiliaries at the university of Rhode Island and
32	Rhode Island college shall not be subject to this self-supporting requirement in order to provide
33	funds for the building construction and rehabilitation program. The institutions of public higher
34	education will establish policies and procedures that enhance the opportunity for auxiliary
	LC003746 - Page 44 of 621
1	facilities to be self-supporting, including that all faculty provide timely and accurate copies of
2	booklists for required textbooks to the public higher educational institution's bookstore.
3	(e) The additional costs to achieve self-supporting status shall be by the implementation of a
4	fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to,
5	operating expenses, principal, and interest on debt services, and overhead expenses.
6	(f) The board of education is authorized to establish a restricted-receipt account for the higher
7	education and industry centers established throughout the state to collect lease payments from
8	occupying companies, and fees from room and service rentals, to support the operation and
9	maintenance of the facilities. All such revenues shall be deposited to the restricted-receipt
10	account. The board of education is further authorized to establish a restricted receipt account
11	within the general fund of the state to account for the receipt and expenditure of any funds
12	donated, bequeathed, or otherwise granted in support of the construction, maintenance, or general
13	operations of the higher education and industry centers established throughout the state.
14	(g) Notwithstanding subsections (a) and (d) of this section or any provisions of this title, to
15	the extent necessary to comply with the provisions of any outstanding bonds issued by the Rhode
16	Island health and educational building corporation or outstanding lease certificates of
17	participation, in either case, issued for the benefit of the university of Rhode Island, the
18	community college of Rhode Island, and/or Rhode Island college, to the extent necessary to
19	comply with the provisions of any such bonds or certificates of participation, the general
20	assembly shall annually appropriate any such sums it deems necessary from educational and
21	general revenues (including, but not limited to, tuition) and auxiliary enterprise revenues derived
22	from the university of Rhode Island, the community college of Rhode Island and Rhode Island
23	college, to be allocated by the council on postsecondary education or by the board of trustees of
24	the university of Rhode Island, as appropriate, in accordance with the terms of the contracts with
25	such bondholders or certificate holders.
26	(h) The board of education is authorized to establish a restricted receipt account within the
27	general fund of the state for income generated by the Rhode Island nursing education center
28	through the rental of classrooms, laboratories, or other facilities located on the Providence
29	campus of the nursing education center. All such revenues shall be deposited to the restricted
30	receipt account.
31	SECTION 2. Sections 21-28.10-8 and 21-28.10-10 of the General Laws in Chapter 21-28.10
32	entitled, “Opioid Stewardship Act” are hereby amended to read as follows:
33	21-28.10-8. Departmental annual reporting.
	LC003746 - Page 45 of 621
1	By January of each calendar year, the department of behavioral healthcare, developmental
2	disabilities and hospitals (BHDDH), the executive office of health and human services (EOHHS),
3	the department of children, youth and families (DCYF), the Rhode Island department of
4	education (RIDE), the Rhode Island office of veterans' services, the department of corrections
5	(DOC), and the department of labor and training (DLT), and any other department or agency
6	receiving opioid stewardship funds shall report annually to the governor, the speaker of the house,
7	and the senate president which programs in their respective departments were funded using
8	monies from the opioid stewardship fund and the total amount of funds spent on each program.
9	21-28.10-10. Creation of opioid stewardship fund.
10	(a) There is hereby established, in the custody of the department, a restricted-receipt account
11	to be known as the "opioid stewardship fund."
12	(b) Monies in the opioid stewardship fund shall be kept separate and shall not be commingled
13	with any other monies in the custody of the department.
14	(c) The opioid stewardship fund shall consist of monies appropriated for the purpose of such
15	account, monies transferred to such account pursuant to law, contributions consisting of promises
16	or grants of any money or property of any kind or value, or any other thing of value, including
17	grants or other financial assistance from any agency of government and monies required by the
18	provisions of this chapter or any other law to be paid into or credited to this account.
19	(d) Monies of the opioid stewardship fund shall be available to provide opioid treatment,
20	recovery, prevention, education services, and other related programs, subject to appropriation by
21	the general assembly.
22	(e) The budget officer is hereby authorized to create restricted receipt accounts entitled
23	“opioid stewardship fund allocation” in any department or agency of state government wherein
24	monies from the opioid stewardship fund are appropriated by the general assembly for the
25	programmatic purposes set forth in subsection (d) of this section.
26	SECTION 3. Section 35-3-24 of the General Laws in Chapter 35-3 entitled “State Budget” is
27	hereby amended to read as follows:
28	35-3-24. Control of state spending.
29	(a) All department and agency heads and their employees are responsible for ensuring that
30	financial obligations and expenditures for which they have responsibility do not exceed amounts
31	appropriated and are spent in accordance with state laws.
32	(b) Persons with the authority to obligate the state contractually for goods and services shall
33	be designated in writing by department and agency heads.
	LC003746 - Page 46 of 621
1	(c) In the event of an obligation, encumbrance, or expenditure in excess of general revenue
2	amounts appropriated, the department or agency head with oversight responsibility shall make a
3	written determination of the amount and the cause of the overobligation or overexpenditure, the
4	person(s) responsible, and corrective actions taken to prevent reoccurrence. The plan of corrective
5	actions contained within the report shall detail an appropriate plan to include, but not limited to,
6	such issues as the implementation of waiting lists, pro-rata reduction in payments and changes in
7	eligibility criteria as methods to address the shortfall. The report will be filed within thirty (30)
8	days of the discovery of the overobligation or overexpenditure with the budget officer, the
9	controller, the auditor general, and the chairpersons of the house and senate finance committees.
10	(d) In the event a quarterly report demonstrates an obligation, encumbrance, or expenditure in
11	excess of general revenue amounts appropriated in total to the department, the department or
12	agency head with oversight responsibility shall file monthly budget reports with the chairpersons
13	of the house and senate finance committees for the remainder of the fiscal year. The monthly
14	budget reports shall detail steps taken towards corrective actions and other measures to bring
15	spending in line with appropriations. In addition, the budget officer and controller shall ensure
16	that the department's or agency's obligations, encumbrances, and expenditures for the remainder
17	of the fiscal year result in the department or agency ending the fiscal year within amounts
18	appropriated.
19	(e) The controller shall not authorize payments from general revenue for additional staff,
20	contracts, or purchases beyond service levels provided in the previous fiscal year or one-time
21	purchases of equipment or supplies for any department or agency not projected to end a fiscal
22	year within amounts appropriated unless the payments are necessitated by immediate health and
23	safety reasons or to be consistent with a corrective action plan, which shall be documented upon
24	discovery and reported, along with anticipated or actual expenditures, to the chairpersons of the
25	house and senate finance committees within fifteen (15) days.
26	(f) A state employee who has knowingly and willingly encumbered, obligated, or authorized
27	the expenditure of state funds in excess of amounts appropriated for those purposes or entered
28	into contracts without proper authorization may be placed on disciplinary suspension without pay
29	for up to thirty (30) days in accordance with § 36-4-36.
30	(g) A state employee who knowingly, willfully, and repeatedly authorizes actions resulting in
31	encumbrances or spending of state funds in excess of amounts appropriated may be fined up to
32	one thousand dollars ($1,000) and/or terminated from employment.
33	(h) Upon receipt of any budgetary information indicating an obligation, encumbrance, or
34	expenditure in excess of the amounts appropriated, the chairperson of the house or senate finance
	LC003746 - Page 47 of 621
1	committee may request a written report to be submitted by the director of administration within
2	ten (10) calendar days. The report shall indicate if the obligation, encumbrance, or expenditure in
3	excess of the amounts appropriated resulted in any disciplinary action or other penalty in
4	accordance with subsection (f) or (g) of this section. If not, the report shall explain why no
5	disciplinary action or other penalty was imposed in accordance with subsection (f) or (g).
6	SECTION 4. Sections 35-4-22.1, 35-4-22.2 and 35-4-27 of the General Laws in Chapter 35-4
7	entitled “State Funds” are hereby amended to read as follows:
8	35-4-22.1. Legislative appropriation authority.
9	(a) An appropriation is an enactment by the General Assembly authorizing the withdrawal of
10	money from the State treasury. An enactment by the General Assembly that authorizes, specifies,
11	or otherwise provides that funds may be used for a particular purpose is not an appropriation.
12	(a) (b) No agency shall establish new programs, or expand existing programs, including any
13	program involving nonstate monies, beyond the scope of those already established, recognized,
14	and appropriated for by the general assembly until the program and the availability of money is
15	submitted by the agency to the budget officer for recommendation to the general assembly.
16	(b) (c) No state agency may make expenditures of any restricted or special revenue funds,
17	whether these monies are received prior to expenditure or as reimbursement, unless these
18	expenditures are made pursuant to specific appropriations of the general assembly.
19	(d) Additional general revenue shall be deemed to be appropriated in order to:
20	(i) Comply with a court order,
21	(ii) Respond to a declared state of emergency,
22	(iii) Finance programs covered under the caseload estimating conference process set forth in
23	chapter 35-17 up to the officially adopted estimates in the current fiscal year when the current
24	appropriations act does not meet the revised estimate subject to the following conditions:
25	(1) Appropriations are made up to current fiscal year revenue availability as agreed to in the
26	revenue estimating conference process.
27	(2) If there is less revenue availability than the additional caseload need, Medical Assistance
28	and Federally mandated programs are prioritized for additional appropriations and the remainder
29	of the additional availability is proportionally assigned to the remaining caseload programs.
30	(e) If the General Assembly enacts changes to the current year appropriations act, those changes
31	shall override subdivision (iii) of subsection (d) of this section.
32	35-4-22.2. Use of restricted or special revenue funds.
33	(a) Any restricted or special revenue funds which are received by a state agency which is not
34	otherwise appropriated to that state agency by the annual appropriation acts of the regular session
	LC003746 - Page 48 of 621
1	of the general assembly are hereby appropriated for that state agency for the purpose set forth,
2	except that no expenditure shall be made from and no obligation shall be incurred against any
3	restricted receipts or special revenue fund which has not been previously appropriated or
4	reappropriated or approved by the governor, the speaker of the house, and the president of the
5	senate, until that authorization has been transmitted to the state agency to make expenditure
6	therefrom.
7	(b) State agencies desiring the governor's approval to expend or obligate receipts not
8	appropriated or reappropriated by the general assembly in the annual appropriation act or
9	supplemental appropriation act shall forward a request to the state budget officer, who shall
10	forward a copy to the speaker of the house and the president of the senate.
11	(c) Notwithstanding any law to the contrary, the budget officer is hereby authorized to create
12	restricted receipt accounts within the budget of any state agency to account for the receipt and
13	expenditure of either privately donated funds from individuals or corporate entities, funds
14	received from any nonprofit charitable organization qualifying for exemption under section 501
15	(c) (3) of the internal revenue code, the proceeds of a multistate settlement administered by the
16	office of the attorney general, and funds received pursuant to a contract or memorandum of
17	agreement with a department of another state that are restricted to a specific, time-limited
18	purpose. Expenditures from these accounts shall remain subject to the provisions of §§ 35-4-22,
19	35-4-22.1, 35-4-22.2 and 35-4-27.
20	(d) There are hereby established within the general fund of the state five (5) restricted receipt
21	accounts, three (3) of which are designated as “UHIP Recovery” and two (2) of which are
22	designated as “UHIP Recovery: Non-UHIP Expenses” for the express purpose of the collection
23	and disbursement of all cash settlements received by the state from any business concern engaged
24	in the information technology project known as the Unified Health Infrastructure Project
25	(“UHIP”). Accounts designated as “UHIP Recovery” shall each be housed within the budgets of
26	the department of administration, the department of human services, and the executive office of
27	health and human services. Accounts designated as “UHIP Recovery: Non-UHIP Expenses”
28	shall be housed in the budget of the department of human services. All restricted-receipt accounts
29	established in this subsection shall be exempt from the indirect cost recovery provisions of § 35-
30	4-27.
31	(e) Upon the directive of the controller, with the consent of the auditor general, the budget
32	officer is hereby authorized to convert any escrow liability account to a restricted receipt account
33	whenever such conversion has been deemed prudent and appropriate by both the auditor general
	LC003746 - Page 49 of 621
1	and the controller according to generally accepted governmental accounting principles and/or
2	specific pronouncements of the governmental accounting standards board (GASB).
3	35-4-27. Indirect cost recoveries on restricted receipt accounts.
4	Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all
5	restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there
6	shall be no transfer from cash receipts with restrictions received exclusively: (1) From
7	contributions from non-profit charitable organizations; (2) From the assessment of indirect cost-
8	recovery rates on federal grant funds; or (3) Through transfers from state agencies to the
9	department of administration for the payment of debt service. These indirect cost recoveries shall
10	be applied to all accounts, unless prohibited by federal law or regulation, court order, or court
11	settlement. The following restricted receipt accounts shall not be subject to the provisions of this
12	section:
13	Executive Office of Health and Human Services
14	Organ Transplant Fund
15	HIV Care Grant Drug Rebates
16	Health System Transformation Project
17	Health Spending Transparency and Containment Account
18	Department of Human Services
19	Veterans' home – Restricted account
20	Veterans' home – Resident benefits
21	Pharmaceutical Rebates Account
22	Demand Side Management Grants
23	Veteran's Cemetery Memorial Fund
24	Donations – New Veterans' Home Construction
25	Department of Health
26	Pandemic medications and equipment account
27	Miscellaneous Donations/Grants from Non-Profits
28	State Loan Repayment Match
29	Healthcare Information Technology
30	State-Control Adult Use Marijuana
31	Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
32	Eleanor Slater non-Medicaid third-party payor account
33	Hospital Medicare Part D Receipts
34	RICLAS Group Home Operations
	LC003746 - Page 50 of 621
1	State-Control Adult Use Marijuana
2	Commission on the Deaf and Hard of Hearing
3	Emergency and public communication access account
4	Department of Environmental Management
5	National heritage revolving fund
6	Environmental response fund II
7	Underground storage tanks registration fees
8	De Coppet Estate Fund
9	Rhode Island Historical Preservation and Heritage Commission
10	Historic preservation revolving loan fund
11	Historic Preservation loan fund – Interest revenue
12	Department of Public Safety
13	E-911 Uniform Emergency Telephone System
14	Forfeited property – Retained
15	Forfeitures – Federal
16	Forfeited property – Gambling
17	Donation – Polygraph and Law Enforcement Training
18	Rhode Island State Firefighter's League Training Account
19	Fire Academy Training Fees Account
20	State-Control Adult Use Marijuana
21	Attorney General
22	Forfeiture of property
23	Federal forfeitures
24	Attorney General multi-state account
25	Forfeited property – Gambling
26	Department of Administration
27	OER Reconciliation Funding
28	Health Insurance Market Integrity Fund
29	RI Health Benefits Exchange
30	Information Technology Investment Fund
31	Restore and replacement – Insurance coverage
32	Convention Center Authority rental payments
33	Investment Receipts – TANS
34	OPEB System Restricted Receipt Account
	LC003746 - Page 51 of 621
1	Car Rental Tax/Surcharge-Warwick Share
2	Executive Office of Commerce
3	Housing Resources Commission Restricted Account
4	Housing Production Fund
5	Department of Revenue
6	DMV Modernization Project
7	Jobs Tax Credit Redemption Fund
8	Legislature
9	Audit of federal assisted programs
10	Department of Children, Youth and Families
11	Children's Trust Accounts – SSI
12	Military Staff
13	RI Military Family Relief Fund
14	RI National Guard Counterdrug Program
15	Treasury
16	Admin. Expenses – State Retirement System
17	Retirement – Treasury Investment Options
18	Defined Contribution – Administration - RR
19	Violent Crimes Compensation – Refunds
20	Treasury Research Fellowship
21	Business Regulation
22	Banking Division Reimbursement Account
23	Office of the Health Insurance Commissioner Reimbursement Account
24	Securities Division Reimbursement Account
25	Commercial Licensing and Racing and Athletics Division Reimbursement Account
26	Insurance Division Reimbursement Account
27	State-Control Adult Use Marijuana
28	Historic Preservation Tax Credit Account
29	Judiciary
30	Arbitration Fund Restricted Receipt Account
31	Third-Party Grants
32	RI Judiciary Technology Surcharge Account
33	Department of Elementary and Secondary Education
34	Statewide Student Transportation Services Account
	LC003746 - Page 52 of 621
1	School for the Deaf Fee-for-Service Account
2	School for the Deaf – School Breakfast and Lunch Program
3	Davies Career and Technical School Local Education Aid Account
4	Davies – National School Breakfast & Lunch Program
5	School Construction Services
6	Office of the Postsecondary Commissioner
7	Higher Education and Industry Center
8	Department of Labor and Training
9	Job Development Fund
10	SECTION 5. Section 42-75-8 of the General Laws in Chapter 42-75 entitled “Council on the
11	Arts” is hereby amended to read as follows:
12	42-75-8. Authority of commission.
13	The commission is authorized and empowered to hold public and private hearings, to enter
14	into contracts, within the limit of funds available for these contracts, with individuals,
15	organizations, and institutions for services furthering the objectives of the commission's
16	programs; to enter into contracts, within the limit of funds available for these contracts, with local
17	and regional associations for co-operative endeavors furthering the objectives of the commission's
18	programs; to accept gifts, contributions, and bequests of unrestricted funds from individuals,
19	foundations, corporations, and other organizations or institutions which shall be deposited as
20	general revenues; to make and sign any agreements and to do and perform any acts that may be
21	necessary to carry out the purposes of this act. The commission may request and shall receive
22	from any department, division, board, bureau, commission, or agency of the state any assistance
23	and data that will enable it properly to carry out its powers and duties. The commission may
24	empanel any advisors that it deems necessary.
25	SECTION 6. This article shall take effect upon passage.
	LC003746 - Page 53 of 621
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
4	entitled “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
13	than 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
17	license 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
20	than one year prior to the effective date of this chapter and has performed not less than one
21	hundred (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
23	not 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
26	performed not less than one hundred fifty (150) home inspections for compensation prior to July
27	1, 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
	LC003746 - Page 54 of 621
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
11	water-filtration/treatment-system installation as properly qualified to conduct the work. On or
12	before January 1, 2017, the board shall promulgate regulations to establish a licensing program
13	that provides for appropriate categories of work to ensure proper qualifications pertaining to the
14	use of different equipment and approaches to construct, install, repair, alter, or remove wells, well
15	pumps, water-supply systems, residential water-treatment/supply systems, and water-filtration
16	systems, 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
20	to a contractor shall serve to fulfill the contractor registration requirements of chapter 65 of this
21	title.
22	(b) Pursuant to board regulations, all persons seeking to be licensed as a well-drilling
23	contractor, pump installer, residential water-filtration/treatment-system contractor, or residential
24	water-filtration/treatment-system installer as defined herein shall submit an application to the
25	contractors' registration and licensing board on the form or forms that the board requires. As
26	specified by the board, the application shall include the following information:
27	(1) The name of the applicant;
28	(2) The business address of the applicant;
29	(3) The mailing address of the applicant;
30	(4) The telephone number of the applicant;
31	(5) Any registration number and/or other license numbers issued by the state, or any city
32	or town;
33	(6) A statement of the skills, training, and experience of the applicant sufficient to ensure
34	public safety, health and welfare; and
	LC003746 - Page 55 of 621
1	(7) Agent of service for out-of-state contractors.
2	(c) To be eligible for licensure as a well-drilling contractor, pump installer, residential
3	water-filtration/treatment-system contractor, or residential water-filtration/treatment-system
4	installer, an applicant shall also fulfill the following requirements:
5	(1) Be of good moral character;
6	(2) Pass appropriate examinations approved or administered by the contractors'
7	registration and licensing board, unless otherwise exempted in accordance with § 5-65-3(g), and
8	has met all the requirements of the rules and regulations established by the board;
9	(3) Be in good standing with the contractors' registration and licensing board;
10	(4) Take five (5) hours continuing education per year as set forth and recognized by the
11	contractors' registration and licensing board.
12	(d) The contractors' registration and licensing board is authorized to adopt rules and
13	regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, necessary to
14	effectuate the purpose of this chapter. Rules and regulations shall provide a fine schedule, which
15	will establish grounds for discipline for license holders or non-licensed contractors. Fines shall be
16	structured not to exceed five thousand ($5,000) dollars per day, per offense for conduct injurious
17	to the welfare of the public, as well as those required pursuant to § 5-65-10.
18	(e) Any person applying for a license or registration and making any material
19	misstatement as to his or her experience or other qualifications, or any person, firm, or
20	corporation subscribing to or vouching for any misstatement, shall be subject to the discipline and
21	penalties provided in § 5-65-10.
22	(f) No corporation, firm, association, or partnership shall engage in the business of well
23	drilling, pump installation, water-filtration/treatment-system contracting, or represent itself as a
24	well-drilling contractor, pump installer, or water-filtration/treatment-system contractor, unless a
25	licensed well-drilling contractor, pump installer, or water-filtration/treatment-system contractor,
26	as provided in this chapter, is continuously engaged in the supervision of its well-drilling, pump-
27	installing, or water-filtration/treatment-system contracting work. If the license holder dies or
28	otherwise becomes incapacitated, the corporation, firm, or association shall be allowed to
29	continue to operate until the next examination shall be given or such times as the board shall see
30	fit. In no event, shall the corporation, firm, association, or partnership continue to operate longer
31	than twelve (12) months or in accordance with the board's established rules and regulations
32	without satisfying the license requirements of this chapter.
33	(g) Those well-drilling contractors who were previously registered with the department of
34	environmental management, and remain in good standing as of December 31, 2012,2017 and that
	LC003746 - Page 56 of 621
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
10	their 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
13	contractors' registration and licensing board to do business designating water-filtration/treatment-
14	system installation and/or service as a service provided for the previous one year and been
15	actively engaged in the installation and servicing of water-filtration/treatment systems during that
16	time period; or
17	(2) Notarized confirmation Signed statements by three (3) water-filtration/treatment-
18	system contractors that the applicant has the requisite training and experience to be licensed under
19	this act.
20	(j) Prior to January 1, 2018July 1, 2020, the authority shall, without examination, upon
21	receipt of the fees required in this chapter, issue through the contractors' registration and licensing
22	board, a residential water-filtration/treatment-system contractor's license to any applicant who
23	shall present satisfactory evidence that they have the qualifications for the type of license applied
24	for. On or After after January 1, 2018July 1, 2020, in order to qualify for a residential water-
25	filtration/treatment-system contractor's license, the eligible contractor shall be required to pass a
26	written examination and show proof, as required by the contractors' registration and licensing
27	board, of their eligibility.
28	(k) Satisfactory evidence shall be any of the following that is applicable:
29	(1) The owner or owners of an enterprise must have been active in water filtration for the
30	previous two (2) years; or
31	(2) The contractor has been previously registered with the contractors' registration and
32	licensing board to do business designating water-filtration/treatment system installation and/or
33	service as a provided service; or
	LC003746 - Page 57 of 621
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
9	business in the state of Rhode Island, shall first submit an application to and be licensed by the
10	contractor registration and licensing board on the form or forms that the board requires. The
11	application shall 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 or
19	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 completion
31	of the ten (10) hours OSHA safety course or equivalent thereof as determined by the contractors'
32	registration and licensing board;
33	(5) Take ten (10) hours continuing roofing education per two-year licensing cycle as set forth
34	and recognized by the contractors' registration board; and
	LC003746 - Page 58 of 621
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 hundred
5	thousand dollars ($1,500,000)two million ($2,000,000) dollars per occurrence pursuant to the
6	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 offense
14	for conduct injurious to the welfare of the public as well as those required pursuant to § 5-65-10.
15	(e) Any person applying for a license or registration and making any material misstatement as
16	to his or her experience or other qualifications, or any person, firm, or corporation subscribing to
17	or vouching for any misstatement shall be subject to the discipline and penalties provided in § 5-
18	65-10.
19	(f) No corporation, firm, association, or partnership shall engage in the business of
20	commercial roofing or represent itself as a commercial roofing contractor unless a licensed
21	commercial roofer as provided in this chapter is continuously engaged in the supervision of its
22	commercial roofing work, provided that the commercial roofer is a general partner or an officer
23	and shareholder in the firm or corporation. If the license holder dies or otherwise becomes
24	incapacitated, the corporation, firm, or association shall be allowed to continue to operate until
25	the next examination shall be given or such times as the board shall see fit. In no event, shall the
26	corporation, firm, association, or partnership continue to operate longer than twelve (12) months
27	or in accordance with the board's established rules and regulations without satisfying the license
28	requirements of this chapter. Those roofers who have been registered with the board on July 1,
29	20032015, and remain in good standing, shall be exempt from the testing requirements set forth
30	in this chapter.
31	(g) Complaints filed with the board shall be heard only in regard to those issues so
32	established in the rules and regulations.
33	SECTION 4. Section 12-19-34 of the General Laws in Chapter 12-19 entitled “Sentence and
34	Execution” is hereby amended to read as follows:
	LC003746 - Page 59 of 621
1	12-19-34. Priority of restitution payments to victims of crime.
2	(a)(1) If a person, pursuant to §§ 12-19-32, 12-19-32.1, or 12-19-33, is ordered to make
3	restitution in the form of monetary payment the court may order that it shall be made through
4	the administrative office of state courts which shall record all payments and pay the money to
5	the person injured in accordance with the order or with any modification of the order;
6	provided, in cases where the court determines that the defendant has the present ability to
7	make full restitution, payment shall be made at the time of sentencing.
8	(2) Payments made on account when both restitution to a third-party is ordered, and court
9	costs, fines, and fees, and assessments related to prosecution are owed, shall be disbursed by
10	the administrative office of the state courts in the following priorities:
11	(i) Upon determination of restitution, Court costs related to prosecution court ordered
12	restitution payments shall be paid first to persons injured until such time as the court's
13	restitution is fully satisfied until such time as these payments are made in full;
14	(ii) Followed by the payment of court costs, fines, fees, and assessments related to
15	prosecution court ordered restitution payments to persons injured until such time as the court
16	ordered restitution is fully satisfied.
17	(iii) Followed by the payment of court fines, fees, and assessments related to prosecution.
18	(3) Notwithstanding any other provision of law, any interest which has been accrued by the
19	restitution account in the central registry shall be deposited on a regular basis into the crime
20	victim compensation fund, established by chapter 25 of this title. In the event that the office
21	of the administrator of the state courts cannot locate the person or persons to whom restitution
22	is to be made, the principal of the restitution payment shall escheat to the state pursuant to the
23	provisions of chapter 12 of title 8.
24	(b) The state is authorized to develop rules and/or regulations relating to assessment,
25	collection, and disbursement of restitution payments when any of the following events occur:
26	(1) The defendant is incarcerated or on home confinement or has completed probation
27	without completing restitution but is able to pay some portion of the restitution; or
28	(2) The victim dies before restitution payments are completed.
29	(c) The state may maintain a civil action to place a lien on the personal or real property of a
30	defendant who is assessed restitution, as well as to seek wage garnishment, and/or seek
31	enforcement of civil judgment entered in accordance with § 12-28-5.1 consistent with state
32	and federal law.
	LC003746 - Page 60 of 621
1	SECTION 5. Section 21-28-5.04 of the General Laws in Chapter 21-28 entitled “Uniform
2	Controlled Substance Act” is hereby amended to read as follows:
3	21-28-5.04. Forfeiture of property and money.
4	(a) Any property, real or personal, including, but not limited to, vessels, vehicles, or
5	aircraft, and money or negotiable instruments, securities, or other things of value or any property
6	constituting, or derived from any proceeds, furnished, or intended to be furnished, by any person
7	for the transportation of, or in exchange for, a controlled substance and that has been, or is being
8	used, in violation of § 21-28-4.01(a) or 21-28-4.01(b) or in, upon, or by means of which any
9	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
10	has taken, or is taking place, and all real property including any right, title, and interest in the
11	whole of any lot or tract of land and any appurtenances or improvements that is used in the
12	commission of a violation of §§ 21-28-4.01(a) or 21-28-4.01(b) or §§ 21-28-4.01.1 or 21-28-
13	4.01.2 or 21-28-4.08, or that was purchased with funds obtained as a result of the commission of
14	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, shall be seized and forfeited; provided that no property or money, as enumerated in this
16	subsection, used by any person shall be forfeited under the provisions of this chapter unless it
17	shall appear that the owner of the property or money had knowledge, actual or constructive, and
18	was a consenting party to the alleged illegal act. All moneys, coin and currency, found in close
19	proximity to forfeitable controlled substances, to forfeitable drug manufacturing or distributing
20	paraphernalia, or to forfeitable records of the importation, manufacture, or distribution of
21	controlled substances, are presumed to be unlawfully furnished in exchange for a controlled
22	substance or used in violation of this chapter. The burden of proof is upon claimants of the
23	property to rebut this presumption.
24	(b) Property taken or detained under this section shall not be repleviable, but shall be
25	deemed to be in the custody of the law enforcement agency making the seizure and whenever
26	property or money is forfeited under this chapter it shall be utilized as follows:
27	(1) Where the seized property is a vessel, vehicle, aircraft, or other personal property it
28	may be retained and used by the law enforcement agency that seized the property where the use
29	of the property is reasonably related to the law enforcement duties of the seizing agency. If the
30	seized property is a motor vehicle that is inappropriate for use by the law enforcement agency due
31	to style, size, or color, the seizing agency shall be allowed to apply the proceeds of sale or the
32	trade-in value of the vehicle towards the purchase of an appropriate vehicle for use in activities
33	reasonably related to law enforcement duties.
	LC003746 - Page 61 of 621
1	(2) The law enforcement agency may sell any forfeited property not required by this
2	chapter to be destroyed and not harmful to the public. The proceeds from the sale are to be
3	distributed in 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
10	attorney general's department to be used for further drug-related law enforcement activities
11	including, but not limited to, investigations, prosecutions, and the administration of this chapter;
12	seventy percent (70%) of the proceeds shall be divided among the state and local law
13	enforcement agencies proportionately based upon their contribution to the investigation of the
14	criminal activity related to the asset being forfeited; and ten percent (10%) of the proceeds shall
15	be provided to the department of health behavioral healthcare, developmental disabilities and
16	hospitals for distribution to 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
19	by each agency. If the agencies are unable to reach agreement, application shall be made by one
20	or more of the agencies involved to the presiding justice of the superior court who shall determine
21	the respective proportionate share attributable to each law enforcement agency. The proceeds
22	from all forfeitures shall be held by the general treasurer in a separate account until such time as
23	an 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
27	money or the proceeds from sales of forfeited property. The funds shall be used for law
28	enforcement purposes and investigations of violations of this chapter. The funds received by a
29	state law enforcement agency shall be maintained in a separate account by the general treasurer.
30	The funds received by a local law enforcement agency shall be maintained in a separate account
31	by the local 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
34	criminal acts occurring before July 1, 1987. The asset forfeiture fund shall be used to fund drug-
	LC003746 - Page 62 of 621
1	related law enforcement activity and the treatment and rehabilitation of victims of drug abuse.
2	The fund shall be administered through the office of the general treasurer. The presiding justice of
3	the superior court shall have the authority to determine the feasibility and amount of disbursement
4	to those state 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,
6	when a special need exists concerning the enforcement of the provisions of this chapter, the
7	attorney general, or his or her designee, may apply to the presiding justice of the superior court
8	for the release from the general treasury of sums of money. When the presiding justice upon
9	consideration of the reasons set forth by that agency deems them to be reasonable and necessary
10	to the accomplishment of a goal within the powers and duties of that law enforcement agency, he
11	or she 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
14	January 30 an annual report detailing the property or money forfeited during the previous
15	calendar year and the use or disposition of the property or money. The report shall be made in the
16	form and manner as may be provided or specified by the treasurer and these annual law
17	enforcement agency reports shall be provided to the local governmental body governing the
18	agency and to the house and senate 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
24	by means of which any violation of this chapter has taken or is taking place, to seize the property
25	or 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
32	Chapter 31-10.3 entitled “Rhode Island Uniform Commercial Driver's License Act” is hereby
33	amended to read as follows:
34	31-10.3-20. Fees. [Effective January 1, 2020.]
	LC003746 - Page 63 of 621
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
13	for the Community College of Rhode Island For the division of motor vehicles to administer the
14	skill 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
18	“Behavioral Healthcare, Developmental Disabilities and Hospitals” is hereby amended to read as
19	follows:
20	40.1-1-13. Powers and duties of the office.
21	(a) Notwithstanding any provision of the Rhode Island general laws to the contrary, the
22	department of behavioral healthcare, developmental disabilities and hospitals shall have the
23	following powers and duties:
24	(1) To establish and promulgate the overall plans, policies, objectives, and priorities for
25	state substance-abuse education, prevention, and treatment; provided, however, that the director
26	shall obtain and consider input from all interested state departments and agencies prior to the
27	promulgation of any such plans or policies;
28	(2) Evaluate and monitor all state grants and contracts to local substance-abuse service
29	providers;
30	(3) Develop, provide for, and coordinate the implementation of a comprehensive state
31	plan for substance-abuse education, prevention, and treatment;
32	(4) Ensure the collection, analysis, and dissemination of information for planning and
33	evaluation of substance-abuse services;
	LC003746 - Page 64 of 621
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
5	state 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
16	involving 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
20	and 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
24	and 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
29	out 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-
34	18;
	LC003746 - Page 65 of 621
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
3	reimbursements 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
14	Recovery Residences (NARR) standards. In accordance with a schedule to be determined by the
15	department, all referrals from state agencies or state-funded facilities shall be to certified houses,
16	and only certified recovery housing facilities shall be eligible to receive state funding to deliver
17	recovery 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
23	collection of debts owed to the state. The director of the department of revenue may enter into
24	an agreement 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
27	agencies, including, but not limited to quasi-agencies, boards and commissions, shall begin
28	participating in the collection unit pilot program no later than October 1, 2020 and shall refer all
29	eligible debts pursuant to the criteria in paragraph (c) no later than January 31, 2021, unless
30	prohibited by federal law, rule or regulation. After February 1, 2021, the participating agencies
31	shall refer all eligible debts to the collection unit within thirty (30) days of eligibility pursuant to
32	paragraph (c) of this statute. Nothing herein shall prohibit the collection unit from exercising its
33	discretion in 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 within
	LC003746 - Page 66 of 621
1	the department of revenue, debts owed by delinquent debtors where the nature and amount of
2	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
5	of the terms of the agreement and/or waiver; (ii) The subject of a final order, judgment, or
6	decision of a court of competent jurisdiction, or an agency’s final order or decision, and the
7	debtor has not timely appealed the order, judgment, or decision; or (iii) The subject of a final
8	order, judgment, or decision of a court of competent jurisdiction and the debtor has not timely
9	appealed the order, judgment, or decision. The collection unit shall not accept a referral of any
10	delinquent debt unless 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 the
12	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 the
16	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 agency
20	shall: (i) Represent in writing to the collection unit that it has complied with all applicable state
21	and federal laws and regulations relating to the collection of the debt, including, but not limited
22	to, the requirement to provide the debtor with the notice of referral to the collection unit under
23	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:
	LC003746 - Page 67 of 621
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 law
3	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
10	have 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 payment,
14	the collection unit shall disburse/ or deposit the proceeds of the payment in the following order:
15	(1) To the appropriate federal account to reimburse the federal government funds owed to
16	them by the state from the funds that are recovered;
17	(2) In the event that less than fifty percent (50%) of the amount collected on the debt is to be
18	deposited into the general fund as general revenues, the central collections unit shall withhold
19	fifteen percent (15%) of the collected amount and that amount shall be deposited into the general
20	fund as general revenues; and
21	(2)(3) The balance of the amount collected to the referring agency.
22	(a) Notwithstanding the above, the establishment of a collection unit within the department
23	of revenue shall be contingent upon an annual appropriation by the general assembly of amounts
24	necessary and sufficient to cover the costs and expenses to establish, maintain, and operate the
25	collection unit including, but not limited to, computer hardware and software, maintenance of
26	the computer system to manage the system, and personnel to perform work within the collection
27	unit.
28	(b) In addition to the implementation of any pilot program, the collection unit shall comply
29	with the provisions of this section in the collection of all delinquent debts under this section.
30	(c) The department of revenue is authorized to promulgate rules and regulations as it deems
31	appropriate with respect to the collection unit.
32	(d) By September 1, 2020, and each year thereafter, the department of revenue shall
33	specifically assess the performance, effectiveness, and revenue impact of the collections
34	associated with this section, including, but not limited to, the total amounts referred and
	LC003746 - Page 68 of 621
1	collected by each referring agency during the previous state fiscal year to the governor, the
2	speaker of the house of representatives, the president of the senate, the chairpersons of the house
3	and senate finance committees, and the house and senate fiscal advisors. The report shall include
4	the net revenue impact to the state of the collection unit.
5	(e) No operations of a collection unit pursuant to this chapter shall be authorized after June
6	30, 2021.
7	SECTION 9. Section 45-13-1.1 of the General Laws in Chapter 45-13 entitled “State
8	Aid” is hereby amended to read as follows:
9	45-13-1.1. Aid reduced by amounts owed state entities.
10	If any city or town fails to pay any assessment, bill, or charge levied, presented, or imposed
11	by any public or quasi-public board, commission, corporation, council, authority, agency,
12	department, committee or other similar body organized under the laws of this state, within ninety
13	(90) one hundred eighty (180) days of the presentment for payment of the assessment, bill, or
14	charge to the city or town, then there shall be deducted from any state aid determined to be due
15	under the provisions of this chapter, or from any funds distributed pursuant to chapters 44-18
16	(sales and use tax) and 44-13 (public service corporation tax) of Title 44, and an amount equal to
17	that due and owing any or all of those commissions; provided, that the amount of any deduction
18	shall be reduced by the amount of any bill or charge presented for payment by city or town to the
19	state, which bill or charge has not been paid by the state within ninety (90) one hundred eighty
20	(180) days of presentment.
21	SECTION 10. Section 45-42-1 of the General Laws in Chapter 45-42 entitled “Emergency
22	Police Power” is hereby amended to read as follows:
23	45-42-1. Emergency police power.
24	(a) When the police chief of a city or town within the state, or his or her designee,
25	requests emergency police assistance from another city or town police department within the
26	state, the officers responding to the request shall be subject to the authority of the requesting chief
27	and have the same authority, powers, duties, privileges, and immunities as a duly appointed
28	police officer of the city or town making the request, until the requesting chief of police
29	discharges and releases the assisting police officers to their own city or town departments.
30	(b) Law enforcement officers from out of state shall have limited emergency police
31	powers to transport, guard, and maintain custody of any person who is arrested out of state but
32	transported to a Rhode Island medical facility for emergency medical treatment. Prior to entry
33	into Rhode Island, the out-of-state police department maintaining custody of said arrested person
34	shall notify the Rhode Island state police of the transport and the site of the emergency medical
	LC003746 - Page 69 of 621
1	treatment. The emergency police powers granted shall cease immediately upon the expiration of
2	eight (8) hours from the time of notification the arrested person is released from the medical
3	facility, or upon a fugitive-from-justice warrant being executed, whichever shall arise first.
4	SECTION 11. This section shall serve as joint resolution required pursuant to Section 1,
5	Article XIV of the Constitution of the State of Rhode Island and Providence Plantations.
6	J O I N T R E S O L U T I O N
7	TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A
8	PROPOSITION OF AMENDMENT TO THE CONSITUTION OF THE STATE –ITEM VETO
9	RESOLVED, That a majority of the members elected to each house of the general
10	assembly noting therefor, the following amendment to the Constitution of the state be proposed to
11	the qualified electors of the state for their approval in accordance with the provisions of Article
12	XIV of the Constitution:
13	ARTICLE IX – OF THE EXECUTIVE POWER
14	Section 14. Veto power of governor -- Veto overrides by general assembly -- Acts
15	effective without action by governor. -- Every bill, resolution, or vote (except such as relate to
16	adjournment, the organization or conduct of either or both houses of the general assembly, and
17	resolutions proposing amendment to the Constitution) which shall have passed both houses of
18	the general assembly shall be presented to the governor. If the governor approves it the
19	governor shall sign it, and thereupon it shall become operative, but if the governor does not
20	approve it the governor shall return it, accompanied by the governor's objections in writing to
21	the house in which it originated, which shall enter the governor's objections in full upon its
22	journal and proceed to reconsider it. If, after such reconsideration, three-fifths of the members
23	present and voting in (except for any bill addressing appropriation of money, two-thirds of the
24	members elected to) that house shall vote to pass the measure, it shall be sent with the
25	objections, to the other house, by which it shall likewise be reconsidered, and if approved by
26	three-fifths of the members present and voting in (except for any bill addressing appropriation
27	of money, two-thirds of the members elected to) that house, it shall become operative in the
28	same manner as if the governor had approved it, but in such cases the votes of both houses shall
29	be determined by ayes and nays and the names of the members voting for and against the
30	measure shall be entered upon the journal of each house, respectively. If the measure shall not
31	be returned by the governor within six days (Sundays excepted) after it shall have been
32	presented to the governor the same shall become operative unless the general assembly, by
33	adjournment, prevents its return, in which case it shall become operative unless transmitted by
	LC003746 - Page 70 of 621
1	the governor to the secretary of state, with the governor's disapproval in writing within ten days
2	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
8	approving other portions of the bill, in which case the portions of the bill approved by the
9	governor shall become law, and each reduced or eliminated sum of money shall also become law
10	unless the general assembly reconsiders and separately and individually passes the original sum
11	according to the rules and limitations prescribed in this section for the passage of other bills over
12	the governor’s veto; 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
19	governor’s 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
31	several cities and towns shall be kept open during the hours required by law for voting therein for
32	general 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
	LC003746 - Page 71 of 621
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
10	amendment shall take effect and amend Section 14 of Article IX of the Constitution of the state
11	on January 3, 2023.
12	SECTION 12. This article shall take effect upon passage.
	LC003746 - Page 72 of 621
1	ARTICLE 4
2	RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
3	SECTION This article shall serve as joint resolution required pursuant to Rhode Island
4	General Law § 35-18-1, et seq. and propose legislation related thereto.
5	SECTION Enterprise Resource Planning Information Technology Improvements
6	WHEREAS, The funds generated from the sale of State property to be deposited into the
7	information technology investment fund will be insufficient to fund the Enterprise Resource
8	Planning system and application upgrades that are required and anticipated by the State in the
9	immediate future; and
10	WHEREAS, The projects which make up the Enterprise Resource Planning System and
11	are not able to be financed through the information technology investment fund include, but are
12	not limited to: department of administration statewide human resources, payroll, grants
13	management, and financial information software applications; and
14	WHEREAS, Modernizing the existing enterprise software applications will greatly
15	reduce risk and increase security, enable new capabilities, and address significant repeat audit
16	findings from the office of the auditor general; and
17	WHEREAS, The total project costs associated with these information technology
18	improvements are estimated to be seventy three million seven hundred thousand dollars
19	($73,700,000). Of those project costs, eighteen million nine hundred thousand dollars
20	($18,900,000) will be financed from the information technology internal service fund. The
21	balance of fifty four million eight hundred thousand ($54,800,000) may be financed through two
22	series of certificates of participation. Thirty six million three hundred thousand dollars
23	($36,300,000) may be issued in fiscal year 2021 with a term of seven (7) years, and eighteen
24	million five hundred thousand dollars ($18,500,000) may be issued in fiscal year 2023 with a
25	term of seven (7) years. Total debt service on the bonds is not expected to exceed sixty one
26	million dollars ($61,000,000) in the aggregate based on an estimated average interest rate of two
27	and seventy five hundredths percent (2.75%); now, therefore be it
28	RESOLVED, That this general assembly hereby approves financing in an amount not to
29	exceed fifty four million eight hundred thousand dollars ($54,800,000) for the provision of
30	information technology improvements, which includes costs of financing; and be it further
31	RESOLVED, That this joint resolution shall take effect immediately upon its passage by
32	the General Assembly.
33	SECTION DCYF Child Welfare Information System Replacement
	LC003746 - Page 73 of 621
1	WHEREAS, The Rhode Island department of children, youth, and families is a
2	department of the State of Rhode Island, exercising public and essential governmental functions
3	of the State, created by the General Assembly pursuant to chapter 72 of title 42; and
4	WHEREAS, A new Statewide Automated Child Welfare Information System would be a
5	comprehensive, automated case management tool that supports child welfare practice. This
6	information system would be a complete, current accurate and unified case management history
7	of all children and families served by Rhode Island’s Title IV-E. Such modern systems allow
8	child welfare agencies to respond more adeptly to changes in standards and practices, as well as
9	provide advanced analytics and data to ensure that children in care are kept safe; and
10	WHEREAS, The current department of children, youth, and families Child Welfare
11	Information System (RICHIST) is over twenty two (22) years old and relies on dated technology
12	(Sybase with PowerBuilder). The system has been highly customized over the years and is
13	difficult to maintain. This technology, as set up today, impedes current child welfare practice
14	through its lack of configurability, lack of mobile access for workers in the field, and lack of
15	access to real-time information when making decisions impacting child placement and services.
16	The system is currently on premise supported by a vendor. This dated technology also makes it
17	difficult to acquire appropriate technical support to work on the system.); and
18	WHEREAS, The project costs associated with the replacement of RICHIST are estimated
19	to be twenty eight million dollars ($28,000,000) and implementation costs would be shared by the
20	federal government at forty percent (40%) begin in fiscal year 2021.
21	WHEREAS, The total payments on the State’s obligation over ten (10) years on the
22	state’s share of seventeen million dollars ($17,000,000) issuance are projected to be nineteen
23	million seven hundred thousand dollars ($19,700,000), assuming an estimated average interest
24	rate of two and seventy five hundredths percent (2.75%). The payments would be financed within
25	the department of administration from general revenue appropriations; and
26	WHEREAS, The department of children, youth, and families will be able to leverage
27	federal funding available to pay for forty percent (40%) of the system implementation costs
28	during development; now, therefore be it
29	RESOLVED, That this general assembly hereby approves financing in an amount not to
30	exceed seventeen million dollars ($17,000,000) for the provision of replacing the department of
31	children, youth, and families child welfare information system, including costs of financing; and
32	be it further
33	RESOLVED, That this joint resolution shall take effect immediately upon its passage by
34	the General Assembly.
	LC003746 - Page 74 of 621
1	SECTION Eleanor Slater Hospital Project-Regan Building Renovation
2	WHEREAS, The Eleanor Slater Hospital ("Hospital") provides long-term care for
3	approximately two hundred twenty (220) individuals with complex psychiatric and medical needs
4	on two campuses: Pastore and Zambarano; and
5	WHEREAS, The Hospital is licensed by the Rhode Island department of health and
6	accredited triennially by the Joint Commission for the Accreditation of Health Care Organizations
7	("JCAHO") that enables it to bill Medicare, Medicaid, and commercial insurances for the care it
8	provides; and
9	WHEREAS, The Hospital generates approximately fifty five million dollars
10	($55,000,000) in revenue annually; and
11	WHEREAS, The Eleanor Slater Hospital at Pastore Center has patients with psychiatric
12	needs who are currently in three buildings (Benton, Regan and Adolph Meyer) of which Regan
13	and Adolph Meyer are older buildings that have not been renovated in many years; and have
14	been cited by the JCAHO for a significant number of ligature risks that exist; and
15	WHEREAS, In January 2017, the Center for Medicare and Medicaid Services (“CMS”)
16	published standards designed to address the increased number of suicides and suicide attempts in
17	hospitals; such standards required significant renovations to reduce ligature risks on inpatient
18	psychiatric units; and
19	WHEREAS, In September 2017, JCAHO performed its triennial survey, identified
20	significant ligature risks at the Pinel, Regan and the Adolph Meyer Buildings and as a result, gave
21	the Hospital a conditional accreditation, requiring it to submit a remedial action plan to address
22	the ligature risks in all three buildings; and
23	WHEREAS, The Regan and the Adolph Meyer Buildings currently do not meet JCAHO
24	and CMS requirements and a loss of accreditation for failure to meet the submitted plan could
25	lead to the loss of approximately fifty five million dollars ($55,000,000) in annual revenue; and
26	WHEREAS, The Hospital submitted a plan to JCAHO to renovate both the Benton
27	Center and the Regan Building, and to close the Pinel and Adolph Meyer Buildings, thus enabling
28	it to achieve full accreditation; and
29	WHEREAS, The Hospital has completed renovations at the Benton Center converting it
30	to a forensic psychiatric hospital and closed the Pinel building; and
31	WHEREAS, A renovation of the Adolph Meyer Building is not feasible and not
32	financially prudent due to the magnitude of renovations required to achieve compliance; and
33	WHEREAS, The Regan Building is newer, has fewer ligature risks and has two floors
34	currently not housing patients; and
	LC003746 - Page 75 of 621
1	WHEREAS, There are significant ligature risks that exist in Adolph Meyer and the
2	current size of the units are twelve (12) to fifteen (15) beds which are too small to be efficient in
3	hospitals, while the size of the patient care units in Regan are twenty-four (24) to twenty-eight
4	(28) beds - more typical of patient care units today; and
5	WHEREAS, Closing the Adolph Meyer Building will enable the Hospital to reduce
6	operating costs and address the deficiencies cited by the JCAHO; and
7	WHEREAS, The current Regan facility is underutilized and can accommodate additional
8	bed capacity once renovations are complete; and
9	WHEREAS, To accommodate the remaining psychiatric patients from the Adolph Meyer
10	Building, the Regan building requires extensive renovations to meet the current building
11	standards for psychiatric inpatient units, including requirements for ligature resistant features,
12	program areas, step down areas, quiet rooms, restraint rooms and private rooms that currently do
13	not exist in the Regan or the Adolph Meyer Buildings; and
14	WHEREAS, The renovated Regan facility will have a total of one hundred six (106) beds
15	with larger inpatient units and program space within the units, allowing the closure of Adolph
16	Meyer, thus enabling the Hospital to reduce operating costs and develop programs to assist
17	patients in their recovery and ultimate discharge; and
18	WHEREAS, Due to its age and deferred maintenance, the Regan Building requires
19	significant infrastructure upgrades including: elevator replacement, masonry and envelope leak
20	repair, and a roof replacement with an estimated total cost of nineteen million dollars
21	($19,000,000); and
22	WHEREAS, The capital costs associated with this project are estimated to be sixty one
23	million, eight hundred fifty thousand dollars ($61,850,000). This includes twenty seven million
24	eight hundred fifty thousand dollars ($27,850,000) from the Rhode Island Capital Plan Fund for
25	the renovation of the Benton and Regan Buildings and twenty two million ($22,000,000) from a
26	previous authorization of Certificates of Participation and a new issuance of Certificates of
27	Participation totaling twelve million dollars ($12,000,000) to finance the Regan Building
28	renovations. Total lease payments over fifteen (15) years on the new $12,000,000 issuance are
29	projected to be fourteen million eight hundred thousand ($14,800,000), assuming an estimated
30	average interest rate of two and seventy five hundredths percent (2.75%). The lease payments
31	would be financed within the department of administration from general revenue appropriations;
32	now, therefore be it
	LC003746 - Page 76 of 621
1	RESOLVED, That a renovation of the Regan Building as part of Eleanor Slater Hospital,
2	is critical to provide patients with an environment that meets current building standards for
3	psychiatric hospitals and to meet CMS and JCAHO accreditation requirements; and be it further
4	RESOLVED, This General Assembly hereby approves the issuance of certificates of
5	participation in an amount not to exceed twelve million dollars ($12,000,000) for the renovation
6	of the Regan Building, including costs of financing, as part of the Eleanor Slater Hospital; and be
7	it further
8	RESOLVED, That this joint resolution shall apply to bonds issued within five (5) years
9	of the date of passage of this resolution; and be it further
10	RESOLVED, That this joint resolution shall take effect upon passage by this general
11	assembly.
12	SECTION Department of Public Safety – Southern Barracks
13	WHEREAS, After Master Planning Services for facilities operated, controlled and
14	occupied by the Rhode Island state police (“Division”) and Feasibility Study Services for the
15	Wickford, Hope Valley and Portsmouth Barracks was conducted; and
16	WHEREAS, The Master Planning Committee comprised of contracted Architectural &
17	Engineering Design Services, members of Rhode Island state police, the division of capital asset
18	management and maintenance, and the office of management and budget collaborated; and
19	WHEREAS, The Master Plan and Feasibility Study indicates that the improvements of
20	the current Wickford, Hope Valley and Portsmouth Barracks are not feasible as they were built in
21	the 1930s, are undersized, are no longer located along the main thoroughfares of the State, are in
22	poor condition with environmental health issues, are not Americans with Disability Act (ADA)
23	and code compliant, have inadequate security and technology infrastructure and are expensive to
24	operate and maintain; and,
25	WHEREAS, The Master Plan recommends consolidation of services provided by the
26	Wickford, Hope Valley and Portsmouth barracks by constructing one consolidated modern
27	southern barracks at approximately thirty eight thousand (38,000) square feet to accommodate
28	eighty (80) sworn Division personnel located in a centralized area of the State best suitable for
29	deployment of personnel and accessibility to citizens and motorists; and
30	WHEREAS, The project costs associated with the construction of a new, modern
31	southern barracks for the Division are estimated to be thirty five million dollars ($35,000,000).
32	The total payments on the State’s obligation over fifteen (15) years are projected to be forty three
33	million two hundred thousand dollars ($43,200,000), assuming an estimated average interest rate
	LC003746 - Page 77 of 621
1	of two and seventy five hundredths percent (2.75%). The payments would be financed within the
2	department of administration from general revenue appropriations; now, therefore, be it
3	RESOLVED, That the General Assembly hereby approves financing in an amount not to
4	exceed thirty five million dollars ($35,000,000) for the provision of financing for construction of
5	a southern barracks including costs of financing at the site determined to be best suitable by the
6	Master Plan Committee; and be it further
7	RESOLVED, That this Joint Resolution shall take effect immediately upon its passage by
8	this General Assembly.
9	SECTION Joint Resolution and Enactment Approving the Financing of Various
10	Department of Transportation Projects
11	WHEREAS, The Rhode Island department of transportation (“Department”) is a
12	department of the State of Rhode Island, exercising public and essential governmental functions
13	of the State, created by the general assembly pursuant to chapter 13 of title 42 (as enacted,
14	reenacted and amended, the "Act"); and
15	WHEREAS, The State recognizes that the Henderson Bridge and other facilities of or
16	within the control of the Department are an essential part of the State's transportation system and
17	facilitates the tourism industry; and it is the policy of the State that the public welfare and the
18	further economic development and the prosperity of the state requires the maintenance of such
19	facilities and the financing thereof; and
20	WHEREAS, The United States Department of Transportation Appropriations Act, 2019,
21	title I of division G, Public Law 116-6 includes one-time funding to the State of approximately
22	seventy million dollars ($70,000,000) and increases to annual formula funding of approximately
23	fifteen million dollars ($15,000,000); and
24	WHEREAS, Obligating federal funds towards infrastructure projects requires State
25	matching funds; and
26	WHEREAS, Existing State transportation funds are committed to active transportation
27	infrastructure projects as programmed in the State Transportation Improvement Program; and
28	WHEREAS, The design, construction, equipping and completion of these improvements
29	will be financed in whole or in part either through revenue bonds issued pursuant to the Motor
30	Fuel Revenue Bonds Program by the State or through revenue bonds issued pursuant to the Motor
31	Fuel Revenue Bonds Program by the Rhode Island commerce corporation ("Commerce
32	Corporation") or through revenue bonds issued pursuant to the Motor Fuel Revenue Bonds
33	Program by another agency, instrumentality or quasi-public corporation established by the State
34	now or hereafter and otherwise authorized and empowered pursuant to law to issue bonds of the
	LC003746 - Page 78 of 621
1	type referenced herein for the types of projects enumerated herein, with either issuance having an
2	expected term of fifteen (15) years; and
3	WHEREAS, Pursuant to § 31-36-20, two cents ($0.02) per gallon of the motor fuel tax is
4	transferred to an indenture trustee, administrator, or other third party fiduciary, in an amount not
5	to exceed two cents ($0.02) per gallon of the gas tax imposed, in order to satisfy debt service
6	payments on aggregate bonds issued pursuant to a Joint Resolution and Enactment approving the
7	financing of various department projects; and
8	WHEREAS, Pursuant to §§ 35-18-3 and 35-18-4 of the Rhode Island Public Corporation
9	Debt Management Act (as enacted, reenacted and amended, the "Debt Management Act"), the
10	Department hereby requests the approval by the General Assembly of the issuance of not more
11	than sixty four million two hundred forty five thousand dollars ($64,245,000) Motor Fuel
12	Revenue Bonds with a term not to exceed fifteen (15) years (the “bonds”) to be secured by motor
13	fuel taxes and/or other revenues, for the purpose of providing funds to finance the renovation,
14	renewal, repair, rehabilitation, retrofitting, upgrading and improvement of the Henderson Bridge,
15	and other projects authorized under the act, replacement of the components thereof, working
16	capital, capitalized interest, a debt service reserve and the costs of issuing and insuring the Bonds
17	("Project"); and
18	WHEREAS, The Project constitutes essential public facilities directly benefiting the
19	State; and
20	WHEREAS, The State shall directly benefit economically from the Project by the repair,
21	maintenance and improvement of the State transportation infrastructure; now, therefore, be it
22	RESOLVED AND ENACTED, That this General Assembly finds that the Henderson
23	Bridge replacement and other bridge and highway capital projects identified in the State
24	Transportation Improvement Program are essential public facilities and are of a type and nature
25	consistent with the purposes and within the powers of the Department to undertake, and hereby
26	approves the issuance of not more than $64,245,000 in bonds, which amount is in addition to all
27	prior authorizations; and be further
28	RESOLVED, That the bonds be issued by the State of Rhode Island or the Commerce
29	Corporation or a subsidiary thereof or other agency, instrumentality or quasi-public corporation
30	established by the State now or hereafter and otherwise authorized and empowered pursuant to
31	law to issue bonds of the type referenced herein for the types of projects enumerated herein and to
32	incur and pay debt service payments for such bonds in an amount not to exceed eighty two
33	million four hundred thousand dollars ($82,400,000) as specified herein for bonds issued for
34	Henderson Bridge and other bridge and highway capital projects, such debt service payments to
	LC003746 - Page 79 of 621
1	be made from the Motor Fuel Tax Allocation, as hereinafter defined, or such other revenue source
2	as the Rhode Island general assembly shall designate from time to time, for the construction,
3	design, maintenance, completion, finance costs, including, but not limited to, costs of issuance,
4	credit enhancement, legal counsel and underwriter fees and expenses and other costs associated
5	with the Henderson Bridge replacement and other bridge and highway capital projects; and be it
6	further
7	RESOLVED, That any bonds or notes issued pursuant to Section 6 of this Joint
8	Resolution and Act shall not constitute “State debt” within the meaning of Article 6, Section 16
9	of the Rhode Island Constitution and shall be the obligations of only the issuer of such
10	obligations; and be it further
11	RESOLVED, That the governor of the State of Rhode Island or the director of the Rhode
12	Island department of transportation or the director of the Rhode Island department of
13	administration or the president of the Commerce Corporation each be and each hereafter are,
14	acting singly, authorized and empowered by the Rhode Island general assembly to enter into a
15	financing lease, guarantee, loan and trust agreement, indenture or other obligations or contracts or
16	agreements and to take such other actions as such official shall deem necessary or appropriate in
17	order to issue or facilitate the issuance of bonds referenced herein and to provide the Commerce
18	Corporation or any subsidiary thereof or other instrumentality, agency or quasi-public corporation
19	otherwise authorized and empowered to issue the bonds specified in this Joint Resolution and Act
20	for the projects specified above with the necessary debt service payments up to the amounts
21	specified above and the necessary security for such bonds consistent with the provisions of this
22	Joint Resolution and Act, including any action to pledge, assign or otherwise transfer the right to
23	receive all or any portion of revenues permitted by the laws of the State to secure or provide for
24	the payment of any such bonds; and be it further
25	RESOLVED, That, this Joint Resolution shall take effect upon passage; and be it further
26	RESOLVED, That any issuance of bonds or notes authorized in the preceding paragraphs
27	may be effectuated in an aggregate principal amount representing the sum of the authorized State
28	Match Bonds, and that the Rhode Island General Laws be amended as follows:
29	SECTION Section 31-36-20 of the General Laws in Chapter 31-36 entitled "Motor
30	Fuel Tax" is hereby amended to read as follows:
31	31-36-20. Disposition of proceeds. -- (a) Notwithstanding any other provision of law to
32	the contrary, all moneys paid into the general treasury under the provisions of this chapter or
33	chapter 37 of this title, and title 46 shall be applied to and held in a separate fund and be
34	deposited in any depositories that may be selected by the general treasurer to the credit of the
	LC003746 - Page 80 of 621
1	fund, which fund shall be known as the Intermodal Surface Transportation Fund; provided, that in
2	fiscal year 2004 for the months of July through April six and eighty-five hundredth cents
3	($0.0685) per gallon of the tax imposed and accruing for the liability under the provisions of §
4	31-36-7, less refunds and credits, shall be transferred to the Rhode Island public transit authority
5	as provided under § 39-18-21. For the months of May and June in fiscal year 2004, the allocation
6	shall be five and five hundredth cents ($0.0505). Thereafter, until fiscal year 2006, the allocation
7	shall be six and twenty-five hundredth cents ($0.0625). For fiscal years 2006 through FY 2008,
8	the allocation shall be seven and twenty-five hundredth cents ($0.0725); provided, that
9	expenditures shall include the costs of a market survey of non-transit users and a management
10	study of the agency to include the feasibility of moving the Authority into the Department of
11	Transportation, both to be conducted under the auspices of the state budget officer. The state
12	budget officer shall hire necessary consultants to perform the studies, and shall direct payment by
13	the Authority. Both studies shall be transmitted by the Budget Officer to the 2006 session of the
14	General Assembly, with comments from the Authority. For fiscal year 2009, the allocation shall
15	be seven and seventy-five hundredth cents ($0.0775), of which one-half cent ($0.005) shall be
16	derived from the one cent ($0.01) per gallon environmental protection fee pursuant to § 46-12.9-
17	11. For fiscal years 2010 and thereafter, the allocation shall be nine and seventy-five hundredth
18	cents ($0.0975), of which of one-half cent ($0.005) shall be derived from the one cent ($0.01) per
19	gallon environmental protection fee pursuant to § 46-12.9-11. One cent ($0.01) per gallon shall
20	be transferred to the Elderly/Disabled Transportation Program of the department of human
21	services, and the remaining cents per gallon shall be available for general revenue as determined
22	by the following schedule:
23	(i) For the fiscal year 2000, three and one fourth cents ($0.0325) shall be available for
24	general revenue.
25	(ii) For the fiscal year 2001, one and three-fourth cents ($0.0175) shall be available for
26	general revenue.
27	(iii) For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general
28	revenue.
29	(iv) For the fiscal year 2003, two and one-fourth cent ($0.0225) shall be available for
30	general revenue.
31	(v) For the months of July through April in fiscal year 2004, one and four-tenths cents
32	($0.014) shall be available for general revenue. For the months of May through June in fiscal year
33	2004, three and two-tenths cents ($0.032) shall be available for general revenue, and thereafter,
	LC003746 - Page 81 of 621
1	until fiscal year 2006, two cents ($0.02) shall be available for general revenue. For fiscal year
2	2006 through fiscal year 2009 one cent ($0.01) shall be available for general revenue.
3	(2) All deposits and transfers of funds made by the tax administrator under this section,
4	including those to the Rhode Island public transit authority, the department of human services, the
5	Rhode Island turnpike and bridge authority, and the general fund, shall be made within twenty-
6	four (24) hours of receipt or previous deposit of the funds in question.
7	(3) Commencing in fiscal year 2004, the Director of the Rhode Island Department of
8	Transportation is authorized to remit, on a monthly or less frequent basis as shall be determined
9	by the Director of the Rhode Island Department of Transportation, or his or her designee, or at the
10	election of the Director of the Rhode Island Department of Transportation, with the approval of
11	the Director of the Department of Administration, to an indenture trustee, administrator, or other
12	third party fiduciary, in an amount not to exceed two cents ($0.02) per gallon of the gas tax
13	imposed, in order to satisfy debt service payments on aggregate bonds issued pursuant to a Joint
14	Resolution and Enactment Approving the Financing of Various Department of Transportation
15	Projects adopted during the 2003 session and during the 2020 session of the General Assembly,
16	and approved by the Governor.
17	(4) Commencing in fiscal year 2015, three and one-half cents ($0.035) shall be
18	transferred to the Rhode Island Turnpike and Bridge Authority to be used for maintenance,
19	operations, capital expenditures and debt service on any of its projects as defined in chapter 12 of
20	title 24 in lieu of a toll on the Sakonnet River Bridge. The Rhode Island turnpike and bridge
21	authority is authorized to remit to an indenture trustee, administrator, or other third-party
22	fiduciary any or all of the foregoing transfers in order to satisfy and/or secure its revenue bonds
23	and notes and/or debt service payments thereon, including, but not limited to, the bonds and notes
24	issued pursuant to the Joint Resolution set forth in Section 3 of Article 6 of Chapter 23 of the
25	Public Laws of 2010. Notwithstanding any other provision of said Joint Resolution, the Rhode
26	Island turnpike and bridge authority is expressly authorized to issue bonds and notes previously
27	authorized under said Joint Resolution for the purpose of financing all expenses incurred by it for
28	the formerly authorized tolling of the Sakonnet River Bridge and the termination thereof.
29	(b) Notwithstanding any other provision of law to the contrary, all other funds in the fund
30	shall be dedicated to the department of transportation, subject to annual appropriation by the
31	general assembly. The director of transportation shall submit to the general assembly, budget
32	office and office of the governor annually an accounting of all amounts deposited in and credited
33	to the fund together with a budget for proposed expenditures for the succeeding fiscal year in
34	compliance with §§ 35-3-1 and 35-3-4. On order of the director of transportation, the state
	LC003746 - Page 82 of 621
1	controller is authorized and directed to draw his or her orders upon the general treasurer for the
2	payments of any sum or portion of the sum that may be required from time to time upon receipt
3	of properly authenticated vouchers.
4	(c) At any time the amount of the fund is insufficient to fund the expenditures of the
5	department of transportation, not to exceed the amount authorized by the general assembly, the
6	general treasurer is authorized, with the approval of the governor and the director of
7	administration, in anticipation of the receipts of monies enumerated in § 31-36-20 to advance
8	sums to the fund, for the purposes specified in § 31-36-20, any funds of the state not specifically
9	held for any particular purpose. However, all the advances made to the fund shall be returned to
10	the general fund immediately upon the receipt by the fund of proceeds resulting from the receipt
11	of monies to the extent of the advances.
12	SECTION This article shall take effect upon passage.
	LC003746 - Page 83 of 621
1	ARTICLE 5
2	RELATING TO CAPITAL DEVELOPMENT PROGRAM
3	SECTION 1. Proposition to be submitted to the people. -- At the general election to be
4	held on the Tuesday next after the first Monday in November 2020, there shall be submitted to
5	the people (“People”) of the State of Rhode Island (“State”), for their approval or rejection, the
6	following proposition:
7	"Shall the action of the general assembly, by an act passed at the January 2020 session,
8	authorizing the issuance of bonds, refunding bonds, and temporary notes of the State of Rhode
9	Island for the capital projects and in the amount with respect to each such project listed below be
10	approved, and the issuance of bonds, refunding bonds, and temporary notes authorized in
11	accordance with the provisions of said act?"
12	Project
13	(1)Higher Education Facilities Bond $117,300,000
14	Approval of this question will allow the State of Rhode Island to issue general obligation
15	bonds, refunding bonds, and/or temporary notes in an amount not to exceed one hundred seventeen
16	million three hundred thousand dollars ($117,300,000) for capital improvements to higher
17	education facilities, to be allocated as follows:
18	(a) University of Rhode Island Fine Arts Center $57,300,000
19	Provides fifty-seven million three hundred thousand dollars ($57,300,000) to fund repairs
20	and construct a new facility on the University of Rhode Island’s Kingston campus in support of the
21	educational needs for the musical, theatrical, visual, and graphic arts disciplines.
22	(b) Rhode Island College Clarke Science Building Renovation $38,000,000
23	Provides thirty-eight million dollars ($38,000,000) to reconstruct Clarke Science
24	Building on the campus of Rhode Island College. This project will improve the science and
25	technology laboratories and facilities that support high-demand degree programs critical to the
26	college’s mission of statewide workforce development.
27	(c) Community College of Rhode Island Renovation and Modernization $12,000,000
28	Provides twelve million dollars ($12,000,000) to fund restoration and enhancement of
29	academic and student support spaces and other infrastructure on the four campuses of the
30	Community College of Rhode Island (CCRI). Funds will go towards modernizing and renovating
31	facilities, addressing repairs, improving safety and energy efficiency, and replacing outdated
32	technology and equipment used for teaching and learning.
33	(d) Center for Ocean Innovation $10,000,000
	LC003746 - Page 84 of 621
1	Provides ten million dollars ($10,000,000) for the development of a Center for Ocean
2	Innovation in collaboration with the URI Graduate School of Oceanography, promoting cutting
3	edge education, research and innovation, solidifying Rhode Island’s leadership in the Blue
4	Economy. The funds will support the construction, renovation, attaining and securing of
5	facilities/spaces as well as investment in infrastructure and equipment to support the education
6	and the creation, incubation, exploration, testing, prototyping, piloting, and deployment of
7	undersea and other maritime technologies to create a “Smart Bay”.
8	(2) Beach, Clean Water and Green Bond $64,000,000
9	Approval of this question will allow the State of Rhode Island to issue general obligation
10	bonds, refunding bonds, and/or temporary notes in an amount not to exceed sixty-four million
11	dollars ($64,000,000) for environmental and recreational purposes, to be allocated as follows:
12	(a) State Beaches, Parks, and Campgrounds $35,00,000
13	Provides thirty-five million dollars ($35,000,000) for major capital improvements to state
14	beaches, parks, and campgrounds, including the design, development, expansion, and renovation
15	of new and existing facilities. Improvements may include a new facility at Goddard Park beach;
16	upgraded facilities including new bathrooms at Roger Wheeler State beach, Scarborough State
17	beach, Misquamicut State beach, and Brenton Point; and campground improvements including
18	new bathrooms facilities and utility upgrades.
19	(b) Local Recreation Projects $4,000,000
20	Provides four million dollars ($4,000,000) for up to eighty percent (80%) matching grants
21	for municipalities to acquire, develop, or rehabilitate local recreational facilities to meet the growing
22	needs for active outdoor recreational facilities.
23	(c) Natural and Working Lands $3,000,000
24	Provides three million dollars ($3,000,000) to protect working forest and farm lands
25	throughout Rhode Island including through the purchase of forest conservation easements, the
26	purchase of development rights by the Agricultural Lands Preservation Commission, and the State
27	Farmland Access Program.
28	(d) Clean Water and Drinking Water $15,000,000
29	Provides fifteen million dollars ($15,000,000) for clean water and drinking water
30	infrastructure improvements. Clean water projects include wastewater collection and treatment
31	upgrades, stormwater resilience improvements, combined sewer overflow initiatives, water
32	pollution control, and other water quality protection activities. Drinking water projects include
33	construction of and improvements to water supply, treatment, and distribution infrastructure.
34	(e) Municipal Resiliency $7,000,000
	LC003746 - Page 85 of 621
1	Provides seven million dollars ($7,000,000) for up to seventy-five percent (75%) matching
2	grants to municipalities for restoring and/or improving resiliency of infrastructure, vulnerable
3	coastal habitats, and restoring rivers and stream floodplains. These funds are expected to leverage
4	significant matching funds to support local programs to improve community resiliency and public
5	safety in the face of increased flooding, major storm events, and environmental degradation.
6	(3) Housing and Infrastructure Bond $87,500,000
7	Approval of this question will allow the State of Rhode Island to issue general obligation
8	bonds, refunding bonds, and/or temporary notes in an amount not to exceed eighty-seven million
9	five hundred thousand dollars ($87,500,000) to housing, facility improvement and infrastructure
10	projects, to be allocated as follows:
11	(a) Housing Opportunity $25,000,000
12	Provides twenty-five million dollars ($25,000,000) to increase the availability of affordable
13	housing through the redevelopment of existing structures and new construction.
14	(b) Port of Davisville Infrastructure at Quonset $20,000,000
15	Provides twenty million dollars ($20,000,000) for infrastructure projects that will support
16	the continued growth and modernization at the Port of Davisville. This investment will finance the
17	Port master plan, including construction of a new Pier at Terminal Five, the rehabilitation of Pier
18	One, and dredging. These projects will position Davisville to accommodate offshore wind project
19	cargo and logistics staging while continuing to support the Port’s existing businesses.
20	(c) Industrial Site Development $21,500,000
21	Provides twenty-one million five hundred thousand dollars ($21,500,000) for industrial site
22	development and economic revitalization. The funds will be allocated competitively to prepare sites
23	for the development of facilities for purposes related to manufacturing, assembly, distribution, and
24	other job-producing commercial activities. Funds may also be used for infrastructure, including
25	municipal infrastructure, to catalyze development.
26	(d) Early Childhood Care and Education Capital Fund $15,000,000
27	Provides fifteen million dollars ($15,000,000) for physical improvements to and
28	development of licensed early childhood care and education facilities through the Early Childhood
29	Care and Education Capital Fund. Quality early childhood education and child care is necessary for
30	a robust economy in support of parents in the workplace and as foundation to the academic success
31	of Rhode Island’s children. In 2019, only twenty percent (20%) of the physical space licensed for
32	the State’s four-year-old population meets the State definition of quality, and there are eighteen (18)
33	cities and towns that do not have any infant/toddler care options. These funds will support greater
34	access to safe, high-quality early learning opportunities for Rhode Island children.
	LC003746 - Page 86 of 621
1	(e) Cultural Arts and the Economy Grant Program $5,000,000
2	Provides five million dollars ($5,000,000) in funding for 1:1 matching grants to continue
3	the Cultural Arts and the Economy Grant program administered by the Rhode Island State Council
4	on the Arts (RISCA) for capital improvement, preservation and renovation projects for public and
5	nonprofit artistic, performance centers, museums and cultural art centers located throughout the
6	State of Rhode Island.
7	1. Trinity Repertory Company $2,500,000
8	For the Lederer Theater and the Pell Chafee Performance Center, both in Providence, used
9	for performance facilities, educational instruction, production and administration.
10	2. Rhode Island Philharmonic $1,500,000
11	For the Carter Center for Music Education and Performance in East Providence, used for
12	music teaching, learning, performance and administration.
13	3. Other funds to be allocated by RISCA $1,000,000
14	For 1:1 matching grants to be allocated by RISCA to 501(c)(3) nonprofit cultural
15	organizations which lease or own their performance space, and for RISCA expenses in
16	administering the program. In awarding such grants RISCA shall consider financial need, the
17	availability or actual expenditure of matching funds for the projects, available gifts or grants for
18	projects, the amount of square footage to be improved, the geographical location and characteristics
19	of audiences benefitted.
20	(f) State Preservation Grants Program $1,000,000
21	Provides one million dollars ($1,000,000) in funding to cities, towns and nonprofit
22	organizations to preserve, renovate and improve public and nonprofit historic sites, museums, and
23	cultural art centers located in historic structures in the State of Rhode Island to be administered by
24	the Rhode Island Historical Preservation and Heritage Commission.
25	SECTION 2. Ballot labels and applicability of general election laws. -- The Secretary of
26	State shall prepare and deliver to the State Board of Elections ballot labels for each of the projects
27	provided for in Section 1 hereof with the designations "approve" or "reject" provided next to the
28	description of each such project to enable voters to approve or reject each such proposition. The
29	general election laws, so far as consistent herewith, shall apply to this proposition.
30	SECTION 3. Approval of projects by people. -- If a majority of the People voting on the
31	proposition in Section 1 hereof shall vote to approve any project stated therein, said project shall be
32	deemed to be approved by the People. The authority to issue bonds, refunding bonds and/or
33	temporary notes of the State shall be limited to the aggregate amount for all such projects as set
34	forth in the proposition, which has been approved by the People.
	LC003746 - Page 87 of 621
1	SECTION 4. Bonds for capital development program. -- The General Treasurer is
2	hereby authorized and empowered, with the approval of the Governor, and in accordance with the
3	provisions of this Act to issue capital development bonds in serial form, in the name of and on
4	behalf of the State of Rhode Island, in amounts as may be specified by the Governor in an aggregate
5	principal amount not to exceed the total amount for all projects approved by the People and
6	designated as "capital development loan of 2020 bonds." Provided, however, that the aggregate
7	principal amount of such capital development bonds and of any temporary notes outstanding at any
8	one time issued in anticipation thereof pursuant to Section 7 hereof shall not exceed the total
9	amount for all such projects approved by the People. All provisions in this Act relating to "bonds"
10	shall also be deemed to apply to "refunding bonds."
11	Capital development bonds issued under this Act shall be in denominations of one thousand
12	dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency of the
13	United States which at the time of payment shall be legal tender for public and private debts. These
14	capital development bonds shall bear such date or dates, mature at specified time or times, but not
15	mature beyond the end of the twentieth (20th) State fiscal year following the fiscal year in which
16	they are issued; bear interest payable semi-annually at a specified rate or different or varying rates:
17	be payable at designated time or times at specified place or places; be subject to express terms of
18	redemption or recall, with or without premium; be in a form, with or without interest coupons
19	attached; carry such registration, conversion, reconversion, transfer, debt retirement, acceleration
20	and other provisions as may be fixed by the General Treasurer, with the approval by the Governor,
21	upon each issue of such capital development bonds at the time of each issue. Whenever the
22	Governor shall approve the issuance of such capital development bonds, the Governor’s approval
23	shall be certified to the Secretary of State; the bonds shall be signed by the General Treasurer and
24	countersigned by Secretary of State and shall bear the seal of the State. The signature approval of
25	the Governor shall be endorsed on each bond.
26	SECTION 5. Refunding bonds for 2020 capital development program. -- The General
27	Treasurer is hereby authorized and empowered, with the approval of the Governor, and in
28	accordance with the provisions of this Act, to issue bonds to refund the 2020 capital development
29	program bonds, in the name of and on behalf of the state, in amounts as may be specified by the
30	Governor in an aggregate principal amount not to exceed the total amount approved by the People,
31	to be designated as "capital development program loan of 2020 refunding bonds" (hereinafter
32	"Refunding Bonds").
33	The General Treasurer with the approval of the Governor shall fix the terms and form of
34	any Refunding Bonds issued under this Act in the same manner as the capital development bonds
	LC003746 - Page 88 of 621
1	issued under this Act, except that the Refunding Bonds may not mature more than twenty (20) years
2	from the date of original issue of the capital development bonds being refunded.
3	The proceeds of the Refunding Bonds, exclusive of any premium and accrual interest and
4	net the underwriters’ cost, and cost of bond issuance, shall, upon their receipt, be paid by the
5	General Treasurer immediately to the paying agent for the capital development bonds which are to
6	be called and prepaid. The paying agent shall hold the Refunding Bond proceeds in trust until they
7	are applied to prepay the capital development bonds. While such proceeds are held in trust, the
8	proceeds may be invested for the benefit of the State in obligations of the United States of America
9	or the State of Rhode Island.
10	If the General Treasurer shall deposit with the paying agent for the capital development
11	bonds the proceeds of the Refunding Bonds, or proceeds from other sources, amounts that, when
12	invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all
13	principal, interest, and premium, if any, on the capital development bonds until these bonds are
14	called for prepayment, then such capital development bonds shall not be considered debts of the
15	State of Rhode Island for any purpose starting from the date of deposit of such moneys with the
16	paying agent. The Refunding Bonds shall continue to be a debt of the State until paid.
17	The term "bond" shall include "note," and the term "refunding bonds" shall include
18	"refunding notes" when used in this Act.
19	SECTION 6. Proceeds of capital development program. -- The General Treasurer is
20	directed to deposit the proceeds from the sale of capital development bonds issued under this Act,
21	exclusive of premiums and accrued interest and net the underwriters’ cost, and cost of bond
22	issuance, in one or more of the depositories in which the funds of the State may be lawfully kept in
23	special accounts (hereinafter cumulatively referred to as "such capital development bond fund")
24	appropriately designated for each of the projects set forth in Section 1 hereof which shall have been
25	approved by the People to be used for the purpose of paying the cost of all such projects so
26	approved.
27	All monies in the capital development bond fund shall be expended for the purposes
28	specified in the proposition provided for in Section 1 hereof under the direction and supervision of
29	the Director of Administration (hereinafter referred to as "Director"). The Director or his or her
30	designee shall be vested with all power and authority necessary or incidental to the purposes of this
31	Act, including but not limited to, the following authority: (a) to acquire land or other real property
32	or any interest, estate or right therein as may be necessary or advantageous to accomplish the
33	purposes of this Act; (b) to direct payment for the preparation of any reports, plans and
34	specifications, and relocation expenses and other costs such as for furnishings, equipment
	LC003746 - Page 89 of 621
1	designing, inspecting and engineering, required in connection with the implementation of any
2	projects set forth in Section 1 hereof; (c) to direct payment for the costs of construction,
3	rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other
4	improvements to land in connection with the implementation of any projects set forth in Section 1
5	hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor
6	for repair, renovation or conversion of systems and structures as necessary for the 2020 capital
7	development program bonds or notes hereunder from the proceeds thereof. No funds shall be
8	expended in excess of the amount of the capital development bond fund designated for each project
9	authorized in Section 1 hereof. With respect to the bonds and temporary notes described in Section
10	1, the proceeds shall be used for the following purposes:
11	Question 1, relating to bonds in the amount of one hundred seventeen million three hundred
12	thousand dollars ($117,300,000) to provide funding for higher education facilities to be allocated as
13	follows:
14	(a) University of Rhode Island Fine Arts Center $57,300,000
15	Provides fifty-seven million three hundred thousand dollars ($57,300,000) to fund repairs
16	and construct a new facility on the University of Rhode Island’s Kingston campus in support of the
17	educational needs for the musical, theatrical, visual, and graphic arts disciplines.
18	(b) Rhode Island College Clarke Science Building Renovation $38,000,000
19	Provides thirty eight million dollars ($38,000,000) to reconstruct Clarke Science Building
20	on the campus of Rhode Island College. This project will improve the science and technology
21	laboratories and facilities that support high-demand degree programs critical to the college’s
22	mission of statewide workforce development.
23	(c) Community College of Rhode Island Renovation and Modernization $12,000,000
24	Provides twelve million dollars ($12,000,000) to fund restoration and enhancement of
25	academic and student support spaces and other infrastructure on the four campuses of the
26	Community College of Rhode Island (CCRI). Funds will go towards modernizing and renovating
27	facilities, addressing repairs, improving safety and energy efficiency, and replacing outdated
28	technology and equipment used for teaching and learning.
29	(d) Center for Ocean Innovation $10,000,000
30	Provides ten million dollars ($10,000,000) for the development of a Center for Ocean
31	Innovation in collaboration with the URI Graduate School of Oceanography, promoting cutting
32	edge education, research and innovation, solidifying Rhode Island’s leadership in the Blue
33	Economy. The funds will support the construction, renovation, attaining and securing of
34	facilities/spaces as well as investment in infrastructure and equipment to support the education and
	LC003746 - Page 90 of 621
1	the creation, incubation, exploration, testing, prototyping, piloting, and deployment of undersea and
2	other maritime technologies to create a “Smart Bay”.
3	Question 2, relating to bonds in the amount of exceed sixty-four million dollars
4	($64,000,000) for environmental and recreational purposes, to be allocated as follows:
5	(a) State Beaches, Parks, and Campgrounds $35,00,000
6	Provides thirty-five million dollars ($35,000,000) for major capital improvements to state
7	beaches, parks, and campgrounds, including the design, development, expansion, and renovation of
8	new and existing facilities. Improvements may include a new facility at Goddard Park beach;
9	upgraded facilities including new bathrooms at Roger Wheeler State beach, Scarborough State
10	beach, Misquamicut State beach, and Brenton Point; and campground improvements including new
11	bathrooms facilities and utility upgrades.
12	(b) Local Recreation Projects $4,000,000
13	Provides four million dollars ($4,000,000) for up to eighty percent (80%) matching grants
14	for municipalities to acquire, develop, or rehabilitate local recreational facilities to meet the growing
15	needs for active outdoor recreational facilities.
16	(c) Natural and Working Lands $3,000,000
17	Provides three million dollars ($3,000,000) to protect working forest and farm lands
18	throughout Rhode Island including through the purchase of forest conservation easements, the
19	purchase of development rights by the Agricultural Lands Preservation Commission, and the State
20	Farmland Access Program.
21	(d) Clean Water and Drinking Water $15,000,000
22	Provides fifteen million ($15,000,000) for clean water and drinking water infrastructure
23	improvements. Clean water projects include wastewater collection and treatment upgrades,
24	stormwater resilience improvements, combined sewer overflow initiatives, water pollution control,
25	and other water quality protection activities. Drinking water projects include construction of and
26	improvements to water supply, treatment, and distribution infrastructure.
27	(e) Municipal Resiliency Projects $7,000,000
28	Provides seven million dollars ($7,000,000) for up to seventy-five percent (75%) matching
29	grants to municipalities for restoring and/or improving resiliency of infrastructure, vulnerable
30	coastal habitats, and restoring rivers and stream floodplains. These funds are expected to leverage
31	significant matching funds to support local programs to improve community resiliency and public
32	safety in the face of increased flooding, major storm events, and environmental degradation.
	LC003746 - Page 91 of 621
1	Question 3, relating to bonds in the amount of eighty-seven million five hundred thousand
2	dollars ($87,500,000) for housing, facility improvement, and infrastructure purposes, to be allocated
3	as follows:
4	(a) Housing Opportunity $25,000,000
5	Provides twenty-five million dollars ($25,000,000) to increase the availability of affordable
6	housing through the redevelopment of existing structures and new construction.
7	(b) Port of Davisville Infrastructure at Quonset $20,000,000
8	Provides twenty million dollars ($20,000,000) for infrastructure projects that will support
9	the continued growth and modernization at the Port of Davisville. This investment will finance the
10	Port master plan, including construction of a new Pier at Terminal Five, the rehabilitation of Pier
11	One, and dredging. These projects will position Davisville to accommodate offshore wind project
12	cargo and logistics staging while continuing to support the Port’s existing businesses.
13	(c) Industrial Site Development (Site Readiness) $21,500,000
14	Provides twenty-one million five hundred thousand dollars ($21,500,000) for industrial site
15	development and economic revitalization. The funds will be allocated competitively to prepare sites
16	for the development of facilities for purposes related to manufacturing, assembly, distribution, and
17	other job-producing commercial activities. Funds may also be used for infrastructure, including
18	municipal infrastructure, to catalyze development.
19	(d) Early Childhood Care and Education Capital Fund $15,000,000
20	Provides fifteen million dollars ($15,000,000) for physical improvements to and
21	development of early childhood education facilities through the Early Childhood Care and
22	Education Capital Fund. Quality early childhood education and child care is necessary for a robust
23	economy in support of parents in the workplace and as foundation to the academic success of Rhode
24	Island’s children. In 2019, only twenty percent (20%) of the physical space licensed for the State’s
25	four-year-old population meets the State definition of quality, and there are eighteen (18) cities and
26	towns that do not have any infant/toddler care options. These funds will support greater access to
27	safe, high-quality early learning opportunities for Rhode Island children.
28	(e) Cultural Arts and the Economy Grant Program
29	Provides funds for 1:1 matching grants to continue the Cultural Arts and the Economy
30	Grant program administered by the Rhode Island State Council on the Arts (RISCA) for capital
31	improvement, preservation and renovation projects for public and nonprofit artistic, performance
32	centers and cultural art centers located throughout the State of Rhode Island. Contracts for
33	construction entered into, on, or after November 6, 2014 shall be in compliance with § 37-13-1 et
	LC003746 - Page 92 of 621
1	seq. (prevailing wage); however, contracts entered into prior to November 6, 2014 shall not be
2	subject to this requirement.
3	1. Trinity Repertory Company $2,500,000
4	For the Lederer Theater, in Providence, used for performance facilities, educational
5	instruction, production and administration.
6	2. Rhode Island Philharmonic $1,500,000
7	For the Carter Center for Music Education and Performance in East Providence, used for
8	music teaching, learning, performance and administration.
9	3. Other funds to be allocated by RISCA $1,000,000
10	For 1:1 matching grants to be allocated by RISCA to 501(c)(3) nonprofit cultural
11	organizations which lease or own their performance space, and for RISCA expenses in
12	administering the program. In awarding such grants RISCA shall consider financial need, the
13	availability or actual expenditure of matching funds for the projects, available gifts or grants for
14	projects, the amount of square footage to be improved, the geographical location and characteristics
15	of audiences benefitted.
16	(f) State Preservation Grants Program $1,000,000
17	Provides one million dollars ($1,000,000) in funding to cities, towns and nonprofit
18	organizations to preserve, renovate and improve public and nonprofit historic sites, museums, and
19	cultural art centers located in historic structures in the State of Rhode Island to be administered by
20	the Rhode Island Historical Preservation and Heritage Commission.
21	SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority of
22	this Act shall be sold at not less than the principal amount thereof, in such mode and on such terms
23	and conditions as the General Treasurer, with the approval of the Governor, shall deem to be in the
24	best interests of the State.
25	Any premiums and accrued interest, net of the cost of bond issuance and underwriter’s
26	discount, which may be received on the sale of the capital development bonds or notes shall become
27	part of the Municipal Road and Bridge Revolving Fund of the State, unless directed by federal law
28	or regulation to be used for some other purpose.
29	In the event that the amount received from the sale of the capital development bonds or
30	notes exceeds the amount necessary for the purposes stated in Section 6 hereof, the surplus may be
31	used to the extent possible to retire the bonds as the same may become due, to redeem them in
32	accordance with the terms thereof or otherwise to purchase them as the General Treasurer, with the
33	approval of the Governor, shall deem to be in the best interests of the state.
	LC003746 - Page 93 of 621
1	Any bonds or notes issued under the provisions of this Act and coupons on any capital
2	development bonds, if properly executed by the manual or electronic signatures of officers of the
3	State in office on the date of execution, shall be valid and binding according to their tenor,
4	notwithstanding that before the delivery thereof and payment therefor, any or all such officers shall
5	for any reason have ceased to hold office.
6	SECTION 8. Bonds and notes to be tax exempt and general obligations of the State. --
7	All bonds and notes issued under the authority of this Act shall be exempt from taxation in the State
8	and shall be general obligations of the State, and the full faith and credit of the State is hereby
9	pledged for the due payment of the principal and interest on each of such bonds and notes as the
10	same shall become due.
11	SECTION 9. Investment of moneys in fund. -- All moneys in the capital development
12	fund not immediately required for payment pursuant to the provisions of this act may be invested by
13	the investment commission, as established by Chapter 10 of Title 35, entitled “State Investment
14	Commission,” pursuant to the provisions of such chapter; provided, however, that the securities in
15	which the capital development fund is invested shall remain a part of the capital development fund
16	until exchanged for other securities; and provided further, that the income from investments of the
17	capital development fund shall become a part of the general fund of the State and shall be applied to
18	the payment of debt service charges of the State, unless directed by federal law or regulation to be
19	used for some other purpose, or to the extent necessary, to rebate to the United States treasury any
20	income from investments (including gains from the disposition of investments) of proceeds of
21	bonds or notes to the extent deemed necessary to exempt (in whole or in part) the interest paid on
22	such bonds or notes from federal income taxation.
23	SECTION 10. Appropriation. -- To the extent the debt service on these bonds is not
24	otherwise provided, a sum sufficient to pay the interest and principal due each year on bonds and
25	notes hereunder is hereby annually appropriated out of any money in the treasury not otherwise
26	appropriated.
27	SECTION 11. Advances from general fund. -- The General Treasurer is authorized, with
28	the approval of the Director and the Governor, in anticipation of the issue of notes or bonds under
29	the authority of this Act, to advance to the capital development bond fund for the purposes specified
30	in Section 6 hereof, any funds of the State not specifically held for any particular purpose; provided,
31	however, that all advances made to the capital development bond fund shall be returned to the
32	general fund from the capital development bond fund forthwith upon the receipt by the capital
33	development fund of proceeds resulting from the issue of notes or bonds to the extent of such
34	advances.
	LC003746 - Page 94 of 621
1	SECTION 12. Federal assistance and private funds. -- In carrying out this act, the
2	Director, or his or her designee, is authorized on behalf of the State, with the approval of the
3	Governor, to apply for and accept any federal assistance which may become available for the
4	purpose of this Act, whether in the form of loan or grant or otherwise, to accept the provision of any
5	federal legislation therefor, to enter into, act and carry out contracts in connection therewith, to act
6	as agent for the federal government in connection therewith, or to designate a subordinate so to act.
7	Where federal assistance is made available, the project shall be carried out in accordance with
8	applicable federal law, the rules and regulations thereunder and the contract or contracts providing
9	for federal assistance, notwithstanding any contrary provisions of State law. Subject to the
10	foregoing, any federal funds received for the purposes of this Act shall be deposited in the capital
11	development bond fund and expended as a part thereof. The Director or his or her designee may
12	also utilize any private funds that may be made available for the purposes of this Act.
13	SECTION 13. Effective Date. -- Sections 1, 2, 3, 11, 12 and this Section 13 of this article
14	shall take effect upon passage. The remaining sections of this article shall take effect when and if
15	the State Board of Elections shall certify to the Secretary of State that a majority of the qualified
16	electors voting on the proposition contained in Section 1 hereof have indicated their approval of all
17	or any projects thereunder.
	LC003746 - Page 95 of 621
1	ARTICLE 6
2	RELATING TO FEES
3	SECTION 1. Section 23-1-34 of the General Laws in Chapter 23-1 entitled “Department
4	of Health” is hereby amended to read as follows:
5	23-1-34. Health promotion income.
6	(a) The director shall maintain an accurate and timely accounting of money received from
7	the sale of health promotional products, services, or data created by the department of health. This
8	money shall be deposited as general revenue.
9	(b) The director is authorized to establish fees in response to requests for processing
10	special data analysis. Fees shall be established through the promulgation of rules and regulations,
11	which shall prohibit charging students or Rhode Island state agencies fees for special data
12	analysis. All fees collected for special data analysis shall be deposited as general revenues, with
13	approximately 50% of such estimated fees collected appropriated to the department of health on
14	an annual basis to be used to sustain its capacity to manage and sustain data systems necessary to
15	meet data requester needs in a timely manner.
16	(1) Special data analysis requests shall include, but not be limited to, requests that require
17	fifteen (15) hours or more to analyze, calculate, and interpret data. Requesters shall be notified in
18	advance of costs for special data analysis.
19	(2) No request for information that meets the criteria set forth in chapter 2, title 38 of the
20	general laws shall be treated as a special data analysis request.
21	(3) The fees collected for special data analysis shall be non-refundable, regardless of the
22	outcome of the special data analysis.
23	(4) The director shall have the authority to waive fees for other individuals and groups, in
24	addition to students and state agencies, at his or her sole discretion.
25	SECTION 2. Section 23-4.1-10 of the General Laws in Chapter 23-4.1 entitled
26	“Regulations and Fees” is hereby amended to read as follows:
27	23-4.1-10. Regulations and fees.
28	(a) The director shall be guided by the purposes and intent of this chapter in the making of
29	regulations as authorized by this chapter.
30	(b) The director may issue regulations necessary to bring into effect any of the provisions
31	of this chapter.
32	(c)(1) The director shall charge license fees for an annual license for an ambulance
33	service, for an annual vehicle license, and for an emergency medical technician license. All such
34	fees are as set forth in § 23-1-54.
	LC003746 - Page 96 of 621
1	(2) The director may charge an examination fee for examinations for an emergency
2	medical technician license and an inspection fee for inspections for a vehicle license as set forth
3	in § 23-1-54.
4	(3) The director is also authorized to establish reasonable fees for other administrative
5	actions that the director shall deem necessary to implement this chapter. The fees provided for in
6	this section shall be deposited as general revenues. and shall not apply to any city or town
7	employee providing services referenced in this chapter on behalf of the city or town, and shall not
8	apply to any individual providing services referenced in this chapter on behalf of any bona fide
9	volunteer or not for profit organization. Further, the services licensure fees and vehicle inspection
10	fees shall not apply to services and vehicles operated by any city, town, or fire district or to
11	services and vehicles operated by bona fide volunteer or not for profit organizations.
12	SECTION 3. Section 28-14-19.1 of the General Laws in Chapter 28-14 entitled “Payment of
13	Wages” is hereby amended to read as follows:
14	28-14-19.1. Misclassification of employees.
15	(a) The misclassification of a worker whether performing work as a natural person,
16	business, corporation, or entity of any kind, as an independent contractor when the worker should
17	be considered and paid as an employee shall be considered a violation of this chapter.
18	(b) In addition to any other relief to which any department or an aggrieved party may be
19	entitled for such a violation, the employer shall be liable for a civil penalty in an amount not less
20	than one three thousand five hundred dollars ($1,500 $3,000) and not greater than four thousand
21	dollars ($3,000 $4,000) for each misclassified employee for a first offense and up to five
22	thousand dollars ($5,000) for each misclassified employee for any subsequent offense, which
23	shall be shared equally between the department and the aggrieved party.
24	(c) In determining the amount of any penalty imposed under this section, the director or
25	his or her designee shall consider the size of the employer's business; the good faith of the
26	employer; the gravity of the violation; the history of previous violations; and whether or not the
27	violation was an innocent mistake or willful.
28	(d) A violation of this section may be adjudicated under § 28-14-19 and consolidated
29	with any labor standards violation or under §§ 37-13-14.1 and 37-13-15 and consolidated with
30	any prevailing wage violation.
31	(e) A violation of this section may be brought or adjudicated by any division of the
32	department of labor and training.
33	(f) The department shall notify the contractor's registration board and the tax
34	administrator of any violation of this section.
	LC003746 - Page 97 of 621
1	SECTION 4. Sections 23-28.2-26 and 23-28.2-27 of Chapter 23-28.2 of the General
2	Laws entitled “Office of the State Fire Marshal” are hereby amended to read as follows:
3	23-28.2-26. Plan review fees.
4	(a) Every request for plan review, by the state fire marshal's office, under the provisions of
5	the Fire Safety Code shall be accompanied by the fee prescribed in this section. Plan review fees
6	shall be as follows:
7	NEW BUILDING, ADDITIONS, ALTERATION, STRUCTURES, ETC. General permit
8	fees based on cost of construction
9	$500 or less . . . . . . . . . $25.00 $35.00
10	Over $500 but not over $1,000 . . . . . . . . . . $35.00 $45.00
11	Over $1,000 but not over $2,000 . . . . . . . . . . $45.00 $55.00
12	Over $2,000 but not over $500,000 . . . . . . . . . . $45.00+ $55.00+
13	(plus $6.00 $7.00 per $1,000 or fraction thereof over $2,000)
14	Over $500,000 . . . . . . . . . . $3,033.00+$3,292.00+
15	(plus $4.00 $6.75 per $1,000 or fraction thereof over $500,000)
16	(b) All fees collected pursuant to this section shall be deposited as general revenue.
17	23-28.2-27. Inspection Fees
18	(a) The state fire marshal's office shall assess an inspection fee of one-hundred dollars
19	($100.00) two hundred and fifty dollars ($250) per inspection for any inspection performed by
20	that office pursuant to chapter 28.1 of Title 23, or any other provisions of the state fire code,
21	including any rule or regulation promulgated by either the fire safety code board of appeal and
22	review or the state fire marshal. The inspection fee shall be assessed for each required inspection.
23	Initial inspections and any required subsequent re-inspection shall constitute separate visits for
24	which separate inspection fees will be payable. constitute payment for the initial inspection and
25	any required subsequent reinspections.
26	(b) In the case of an inspection involving residential use, the fee shall be paid by the property
27	owner.
28	(c) In the case of any inspection involving any assembly, industrial, mercantile, business
29	educational, health care, ambulatory health care, day care or municipal government use, the fee
30	shall be paid by one of the following parties:
31	(1) The occupant/tenant of the property if the occupant/tenant holds any license issued by the
32	State of Rhode Island that requires fire code compliance; or
33	(2) The lessee of the property if the lessee is the sole tenant; or
	LC003746 - Page 98 of 621
1	(3) If neither (1) nor (2) apply, the owner of the property will be responsible for payment of
2	the inspection fee.
3	(d) The fee shall be waived for a specific inspection in the event that no violation of any
4	provision of the state fire code including any rule or regulation is found.
5	(e) No inspection fee shall be assessed against any municipality or municipal agency or the
6	State of Rhode Island, or any department, board, or commission thereof. No inspection fee shall
7	be assessed for any inspection conducted for the purpose of updating the compliance status of a
8	building in preparation for a hearing before the fire safety code board of appeal and review or
9	before any court.
10	(f) All fees collected pursuant to this section shall be deposited as general revenue.
11	SECTION 5. Sections 23-28.28-10 and 23-28.28-31 of Chapter 23-28.28 of the General
12	Laws entitled “Explosives” are hereby amended to read as follows:
13	23-28.28-10. Permit fees.
14	(a) Each application for a license under this chapter shall be accompanied by the fee
15	prescribed in this section, which fee shall be returned in the event the application is denied. The
16	permit fee shall be as follows:
17	Manufacturer's / Dealer’s / Possessor’s permit . . . . . . . . . . $85.00 $100.00 annually
18	Dealer's permit . . . . . . . . . . $50.00 annually
19	Possessor's permit . . . . . . . . . . $50.00 annually
20	User's permit based on estimated project costs . . . . . . . . . . $50.00 per $10,000.00
21	or fraction thereof. project.
22	(b) All fees collected pursuant to this section shall be deposited as general revenue.
23	23-28.28-31. License to conduct blasting operations.
24	(a) No person shall conduct blasting operations unless he or she holds a license issued by the
25	state fire marshal. Any person desiring to obtain a license to conduct blasting operations shall
26	make application to the state fire marshal. A nonreturnable fee of ten dollars ($10.00) shall
27	accompany each application; five dollars ($5.00) of which shall be for processing the application
28	and five dollars ($5.00) for the examination. There shall be a fifty dollar ($50.00) fee for the
29	license if issued. The application shall be in such form and contain such information as the state
30	fire marshal may require. Within three (3) months after the date of receipt of his or her
31	application, the applicant shall be examined as to his or her experience and ability to conduct
32	blasting operations and, if found by the examiner to be qualified, he or she shall forthwith be
33	issued a license. The license shall expire on June 30 of each year and may be renewed after its
34	expiration without examination upon a payment fee of fifty dollars ($50.00). A holder of a license
	LC003746 - Page 99 of 621
1	to conduct blasting operations whose license is lost, misplaced, or stolen may obtain a duplicate
2	license from the state fire marshal upon payment of ten dollars ($10.00).
3	(b) Persons holding a valid out-of-state blasting certificate of competency shall be subject to
4	all the requirements under this chapter.
5	(c) The state fire marshal is empowered to deny or immediately suspend or revoke the license
6	of any holder found to be in violation of this law or any provision of chapter 28.28 of this title or
7	rule or regulation related to explosives or has been convicted of arson at common law, or
8	statutory burning involving the property of another.
9	(d) All fees collected pursuant to this section shall be deposited as general revenue.
10	(e) No person shall be permitted to work with blasting explosives unless he or she possesses a
11	valid blasting license or possesses an apprentice permit and work under direct supervision of a
12	licensed blaster.
13	(f) An apprentice permittee shall be required to be employed by a licensed blaster for a period
14	of not less than eighteen (18) months prior to eligibility for examination. If the apprentice fails
15	the examination, a re-examination can be given not less than one hundred eighty-three (183) days
16	after the last examination date. A non-refundable fee of twenty-five dollars ($25.00) shall
17	accompany each application for processing and issuance of each apprentice permit.
18	SECTION 6. Effective October 1, 2020, Chapter 31-2 of the General Laws entitled "Division
19	of Motor Vehicles" is hereby amended by adding thereto the following section:
20	31-2-29. Late Fees.
21	The following fees shall be paid to the division of motor vehicles:
22	(1) For the renewal of an operator’s license, chauffeur’s license, or commercial driver’s
23	license after its expiration date, fifteen dollars ($15.00) in addition to the applicable renewal fee;
24	(2) For the renewal of a motor vehicle registration after its expiration date, fifteen dollars
25	($15.00) in addition to the applicable renewal fee.
26	SECTION 7. Section 31-2-10 of the General Laws in Chapter 31-2 entitled "Division of
27	Motor Vehicles" is hereby amended to read as follows:
28	31-2-10. Abstracts of operator's records.
29	The administrator shall upon request furnish a certified abstract of the record of any
30	operator on file fully designating the motor vehicles, if any, registered in the name of the
31	operator, the record of all convictions of the operator of any of the provisions of this title, and the
32	record of all the operator's involvements in accidents required to be reported under the provisions
33	of § 31-33-1. If the operator has no such record, the administrator shall so certify. The
34	administrator shall collect for each certificate the sum of sixteen dollars ($16.00); provided,
	LC003746 - Page 100 of 621
1	however, if the request for the certificate is made by a person through an online subscription
2	service, the administrator shall collect for each certificate the sum of twenty dollars ($20.00).
3	Provided, further, however, if the request for the certificate is made by any governmental agency,
4	bureau, or department for use in its official capacity, the administrator shall collect no fee. The
5	requirement of this section that the certificate shall be furnished shall not make the certificate
6	admissible as evidence in any legal proceeding or in any trial, whether criminal or civil.
7	SECTION 8. Section 31-8-4 of the General Laws in Chapter 31-8 entitled "Offenses
8	Against Registration and Certificate of Title Laws " is hereby amended to read as follows:
9	31-8-4. Suspension or revocation of registration or certificate of title.
10	(a) The division of motor vehicles is authorized to suspend or revoke the registration of a
11	vehicle or a certificate of title, registration card, or registration plate, or any nonresident or other
12	permit, in any of the following events:
13	(1) When the division of motor vehicles is satisfied that the registration or that the
14	certificate, card, plate, or permit was fraudulently or erroneously issued;
15	(2) When the division of motor vehicles determines that a registered vehicle is
16	mechanically unfit or unsafe to be operated or moved upon the highways;
17	(3) When a registered vehicle has been dismantled or wrecked;
18	(4) When the division of motor vehicles determines that the required fee has not been
19	paid and the fee is not paid upon reasonable notice and demand;
20	(5) When a registration plate or permit is knowingly displayed upon a vehicle other than
21	the one for which issued;
22	(6) When the division of motor vehicles determines that the owner has committed any
23	offense under chapters 3 – 9 of this title involving the registration or the certificate, card, plate, or
24	permit to be suspended or revoked;
25	(7) When the division of motor vehicles is so authorized under any other provision of
26	law; or
27	(8) Upon receipt of notice the carrier and/or operator of a commercial motor vehicle has
28	violated or is not in compliance with 49 C.F.R. 386.72 or 49 C.F.R. 390.5 et seq. of the motor
29	carrier safety regulations or chapter 23 of this title.
30	(b) Upon removal of cause for which the registration or certificate of title was revoked,
31	denied, or suspended, the division of motor vehicles shall require the registrant or applicant to
32	pay a restoration fee of two hundred and fifty dollars ($250), provided that no restoration fee shall
33	be required the restoration fee shall be one hundred dollars ($100.00) if the revocation, denial, or
	LC003746 - Page 101 of 621
1	suspension was issued pursuant to subsection (a)(2) of this section, §§ 31-38-2, 31-38-3, 31-38-4,
2	or 31-47.1-3.
3	SECTION 9. Effective January 1, 2021, sections 31-27-2 and 31-27-2.1 of the General
4	Laws in Chapter 31-27 entitled "Motor Vehicle Offenses" are hereby amended to read as follows:
5	31-27-2. Driving under influence of liquor or drugs.
6	(a) Whoever drives or otherwise operates any vehicle in the state while under the
7	influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in
8	chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor, except as
9	provided in subsection (d)(3), and shall be punished as provided in subsection (d).
10	(b)(1) Any person charged under subsection (a), whose blood alcohol concentration is
11	eight one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis
12	of a blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall
13	not preclude a conviction based on other admissible evidence. Proof of guilt under this section
14	may also be based on evidence that the person charged was under the influence of intoxicating
15	liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any
16	combination of these, to a degree that rendered the person incapable of safely operating a vehicle.
17	The fact that any person charged with violating this section is, or has been, legally entitled to use
18	alcohol or a drug shall not constitute a defense against any charge of violating this section.
19	(2) Whoever drives, or otherwise operates, any vehicle in the state with a blood presence
20	of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by
21	analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as
22	provided in subsection (d).
23	(c) In any criminal prosecution for a violation of subsection (a), evidence as to the
24	amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of
25	title 21, or any combination of these, in the defendant's blood at the time alleged as shown by a
26	chemical analysis of the defendant's breath, blood, or urine or other bodily substance, shall be
27	admissible and competent, provided that evidence is presented that the following conditions have
28	been complied with:
29	(1) The defendant has consented to the taking of the test upon which the analysis is made.
30	Evidence that the defendant had refused to submit to the test shall not be admissible unless the
31	defendant elects to testify.
32	(2) A true copy of the report of the test result was mailed within seventy-two (72) hours
33	of the taking of the test to the person submitting to a breath test.
	LC003746 - Page 102 of 621
1	(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall
2	have a true copy of the report of the test result mailed to him or her within thirty (30) days
3	following the taking of the test.
4	(4) The test was performed according to methods and with equipment approved by the
5	director of the department of health of the state of Rhode Island and by an authorized individual.
6	(5) Equipment used for the conduct of the tests by means of breath analysis had been
7	tested for accuracy within thirty (30) days preceding the test by personnel qualified as
8	hereinbefore provided, and breathalyzer operators shall be qualified and certified by the
9	department of health within three hundred sixty-five (365) days of the test.
10	(6) The person arrested and charged with operating a motor vehicle while under the
11	influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of
12	title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to
13	have an additional chemical test. The officer arresting or so charging the person shall have
14	informed the person of this right and afforded him or her a reasonable opportunity to exercise this
15	right, and a notation to this effect is made in the official records of the case in the police
16	department. Refusal to permit an additional chemical test shall render incompetent and
17	inadmissible in evidence the original report.
18	(d)(1)(i) Every person found to have violated subsection (b)(1) shall be sentenced as
19	follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one
20	percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood
21	presence of any scheduled controlled substance as defined in subsection (b)(2), shall be subject to
22	a fine of not less than one hundred dollars ($100), nor more than three hundred dollars ($300);
23	shall be required to perform ten (10) to sixty (60) hours of public community restitution, and/or
24	shall be imprisoned for up to one year. The sentence may be served in any unit of the adult
25	correctional institutions in the discretion of the sentencing judge and/or shall be required to attend
26	a special course on driving while intoxicated or under the influence of a controlled substance;
27	provided, however, that the court may permit a servicemember or veteran to complete any court
28	approved counseling program administered or approved by the Veterans' Administration, and his
29	or her driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days.
30	The sentencing judge or magistrate may prohibit that person from operating a motor vehicle that
31	is not equipped with an ignition interlock system as provided in § 31-27-2.8.
32	(ii) Every person convicted of a first violation whose blood alcohol concentration is one-
33	tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent
34	(.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less
	LC003746 - Page 103 of 621
1	than one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required
2	to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned
3	for up to one year. The sentence may be served in any unit of the adult correctional institutions in
4	the discretion of the sentencing judge. The person's driving license shall be suspended for a
5	period of three (3) months to twelve (12) months. The sentencing judge shall require attendance
6	at a special course on driving while intoxicated or under the influence of a controlled substance
7	and/or alcoholic or drug treatment for the individual; provided, however, that the court may
8	permit a servicemember or veteran to complete any court-approved counseling program
9	administered or approved by the Veterans' Administration. The sentencing judge or magistrate
10	may prohibit that person from operating a motor vehicle that is not equipped with an ignition
11	interlock system as provided in § 31-27-2.8.
12	(iii) Every person convicted of a first offense whose blood alcohol concentration is fifteen
13	hundredths of one percent (.15%) or above, or who is under the influence of a drug, toluene, or
14	any controlled substance as defined in subsection (b)(1), shall be subject to a fine of five hundred
15	dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of public
16	community restitution and/or shall be imprisoned for up to one year. The sentence may be served
17	in any unit of the adult correctional institutions in the discretion of the sentencing judge. The
18	person's driving license shall be suspended for a period of three (3) months to eighteen (18)
19	months. The sentencing judge shall require attendance at a special course on driving while
20	intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for
21	the individual; provided, however, that the court may permit a servicemember or veteran to
22	complete any court-approved counseling program administered or approved by the Veterans'
23	Administration. The sentencing judge or magistrate shall prohibit that person from operating a
24	motor vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8.
25	(2)(i) Every person convicted of a second violation within a five-year (5) period with a
26	blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than
27	fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or
28	who has a blood presence of any controlled substance as defined in subsection (b)(2), and every
29	person convicted of a second violation within a five-year (5) period, regardless of whether the
30	prior violation and subsequent conviction was a violation and subsequent conviction under this
31	statute or under the driving under the influence of liquor or drugs statute of any other state, shall
32	be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall
33	be suspended for a period of one year to two (2) years, and the individual shall be sentenced to
34	not less than ten (10) days, nor more than one year, in jail. The sentence may be served in any
	LC003746 - Page 104 of 621
1	unit of the adult correctional institutions in the discretion of the sentencing judge; however, not
2	less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing
3	judge shall require alcohol or drug treatment for the individual; provided, however, that the court
4	may permit a servicemember or veteran to complete any court-approved counseling program
5	administered or approved by the Veterans' Administration and shall prohibit that person from
6	operating a motor vehicle that is not equipped with an ignition interlock system as provided in §
7	31-27-2.8.
8	(ii) Every person convicted of a second violation within a five-year (5) period whose
9	blood alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as
10	shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence of
11	a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to
12	mandatory imprisonment of not less than six (6) months, nor more than one year; a mandatory
13	fine of not less than one thousand dollars ($1,000); and a mandatory license suspension for a
14	period of two (2) years from the date of completion of the sentence imposed under this
15	subsection. The sentencing judge shall require alcohol or drug treatment for the individual;
16	provided, however, that the court may permit a servicemember or veteran to complete any court
17	approved counseling program administered or approved by the Veterans' Administration. The
18	sentencing judge or magistrate shall prohibit that person from operating a motor vehicle that is
19	not equipped with an ignition interlock system as provided in § 31-27-2.8
20	(3)(i) Every person convicted of a third or subsequent violation within a five-year (5)
21	period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or
22	above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol
23	concentration is unknown or who has a blood presence of any scheduled controlled substance as
24	defined in subsection (b)(2), regardless of whether any prior violation and subsequent conviction
25	was a violation and subsequent conviction under this statute or under the driving under the
26	influence of liquor or drugs statute of any other state, shall be guilty of a felony and be subject to
27	a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended
28	for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less
29	than one year and not more than three (3) years in jail. The sentence may be served in any unit of
30	the adult correctional institutions in the discretion of the sentencing judge; however, not less than
31	forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall
32	require alcohol or drug treatment for the individual; provided, however, that the court may permit
33	a servicemember or veteran to complete any court-approved counseling program administered or
	LC003746 - Page 105 of 621
1	approved by the Veterans' Administration, and shall prohibit that person from operating a motor
2	vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8.
3	(ii) Every person convicted of a third or subsequent violation within a five-year (5) period
4	whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by weight
5	as shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence
6	of a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to
7	mandatory imprisonment of not less than three (3) years, nor more than five (5) years; a
8	mandatory fine of not less than one thousand dollars ($1,000), nor more than five thousand
9	dollars ($5,000); and a mandatory license suspension for a period of three (3) years from the date
10	of completion of the sentence imposed under this subsection. The sentencing judge shall require
11	alcohol or drug treatment for the individual. The sentencing judge or magistrate shall prohibit that
12	person from operating a motor vehicle that is not equipped with an ignition interlock system as
13	provided in § 31-27-2.8.
14	(iii) In addition to the foregoing penalties, every person convicted of a third or subsequent
15	violation within a five-year (5) period, regardless of whether any prior violation and subsequent
16	conviction was a violation and subsequent conviction under this statute or under the driving under
17	the influence of liquor or drugs statute of any other state, shall be subject, in the discretion of the
18	sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the
19	state of Rhode Island, with all funds obtained by the sale to be transferred to the general fund.
20	(4) Whoever drives or otherwise operates any vehicle in the state while under the
21	influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in
22	chapter 28 of title 21, or any combination of these, when his or her license to operate is
23	suspended, revoked, or cancelled for operating under the influence of a narcotic drug or
24	intoxicating liquor, shall be guilty of a felony punishable by imprisonment for not more than three
25	(3) years and by a fine of not more than three thousand dollars ($3,000). The court shall require
26	alcohol and/or drug treatment for the individual; provided, the penalties provided for in this
27	subsection (d)(4) shall not apply to an individual who has surrendered his or her license and
28	served the court-ordered period of suspension, but who, for any reason, has not had his or her
29	license reinstated after the period of suspension, revocation, or suspension has expired; provided,
30	further, the individual shall be subject to the provisions of subdivision (d)(2)(i), (d)(2)(ii),
31	(d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent offenses, and any other applicable
32	provision of this section.
33	(5)(i) For purposes of determining the period of license suspension, a prior violation shall
34	constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1.
	LC003746 - Page 106 of 621
1	(ii) Any person over the age of eighteen (18) who is convicted under this section for
2	operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of
3	these, while a child under the age of thirteen (13) years was present as a passenger in the motor
4	vehicle when the offense was committed shall be subject to immediate license suspension
5	pending prosecution. Any person convicted of violating this section shall be guilty of a
6	misdemeanor for a first offense and may be sentenced to a term of imprisonment of not more than
7	one year and a fine not to exceed one thousand dollars ($1,000). Any person convicted of a
8	second or subsequent offense shall be guilty of a felony offense and may be sentenced to a term
9	of imprisonment of not more than five (5) years and a fine not to exceed five thousand dollars
10	($5,000). The sentencing judge shall also order a license suspension of up to two (2) years,
11	require attendance at a special course on driving while intoxicated or under the influence of a
12	controlled substance, and alcohol or drug education and/or treatment. The individual may also be
13	required to pay a highway assessment fee of no more than five hundred dollars ($500) and the
14	assessment shall be deposited in the general fund.
15	(6)(i) Any person convicted of a violation under this section shall pay a highway
16	assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The
17	assessment provided for by this subsection shall be collected from a violator before any other
18	fines authorized by this section.
19	(ii) Any person convicted of a violation under this section shall be assessed a fee of
20	eighty-six dollars ($86).
21	(iii) Any person convicted of a violation under this section shall be assessed a substance
22	abuse education fee of two hundred fifty dollars ($250), which shall be deposited as general
23	revenues, with the estimated amount of fees collected to be allocated to the department of
24	behavioral healthcare, development disabilities and hospitals (BHDDH) and used to fund
25	substance abuse prevention programs and student assistance programs for youth pursuant to
26	chapters 21.2 and 21.3 of title 16, and in accordance with the criteria set forth in §§ 16-21.2-4(a)
27	and 16-21.3-2(a).
28	(7)(i) If the person convicted of violating this section is under the age of eighteen (18)
29	years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of
30	public community restitution and the juvenile's driving license shall be suspended for a period of
31	six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing
32	judge shall also require attendance at a special course on driving while intoxicated or under the
33	influence of a controlled substance and alcohol or drug education and/or treatment for the
	LC003746 - Page 107 of 621
1	juvenile. The juvenile may also be required to pay a highway assessment fine of no more than
2	five hundred dollars ($500) and the assessment imposed shall be deposited into the general fund.
3	(ii) If the person convicted of violating this section is under the age of eighteen (18)
4	years, for a second or subsequent violation regardless of whether any prior violation and
5	subsequent conviction was a violation and subsequent under this statute or under the driving
6	under the influence of liquor or drugs statute of any other state, he or she shall be subject to a
7	mandatory suspension of his or her driving license until such time as he or she is twenty-one (21)
8	years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode
9	Island training school for a period of not more than one year and/or a fine of not more than five
10	hundred dollars ($500).
11	(8) Any person convicted of a violation under this section may undergo a clinical
12	assessment at the community college of Rhode Island's center for workforce and community
13	education. Should this clinical assessment determine problems of alcohol, drug abuse, or
14	psychological problems associated with alcoholic or drug abuse, this person shall be referred to
15	an appropriate facility, licensed or approved by the department of behavioral healthcare,
16	developmental disabilities and hospitals, for treatment placement, case management, and
17	monitoring. In the case of a servicemember or veteran, the court may order that the person be
18	evaluated through the Veterans' Administration. Should the clinical assessment determine
19	problems of alcohol, drug abuse, or psychological problems associated with alcohol or drug
20	abuse, the person may have their treatment, case management, and monitoring administered or
21	approved by the Veterans' Administration.
22	(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol
23	per one hundred (100) cubic centimeters of blood.
24	(f)(1) There is established an alcohol and drug safety unit within the division of motor
25	vehicles to administer an alcohol safety action program. The program shall provide for placement
26	and follow-up for persons who are required to pay the highway safety assessment. The alcohol
27	and drug safety action program will be administered in conjunction with alcohol and drug
28	programs licensed by the department of behavioral healthcare, developmental disabilities and
29	hospitals.
30	(2) Persons convicted under the provisions of this chapter shall be required to attend a
31	special course on driving while intoxicated or under the influence of a controlled substance,
32	and/or participate in an alcohol or drug treatment program; provided, however, that the court may
33	permit a servicemember or veteran to complete any court-approved counseling program
34	administered or approved by the Veterans' Administration. The course shall take into
	LC003746 - Page 108 of 621
1	consideration any language barrier that may exist as to any person ordered to attend, and shall
2	provide for instruction reasonably calculated to communicate the purposes of the course in
3	accordance with the requirements of the subsection. Any costs reasonably incurred in connection
4	with the provision of this accommodation shall be borne by the person being retrained. A copy of
5	any violation under this section shall be forwarded by the court to the alcohol and drug safety
6	unit. In the event that persons convicted under the provisions of this chapter fail to attend and
7	complete the above course or treatment program, as ordered by the judge, then the person may be
8	brought before the court, and after a hearing as to why the order of the court was not followed,
9	may be sentenced to jail for a period not exceeding one year.
10	(3) The alcohol and drug safety action program within the division of motor vehicles
11	shall be funded by general revenue appropriations.
12	(g) The director of the department of health is empowered to make and file with the
13	secretary of state regulations that prescribe the techniques and methods of chemical analysis of
14	the person's body fluids or breath and the qualifications and certification of individuals authorized
15	to administer this testing and analysis.
16	(h) Jurisdiction for misdemeanor violations of this section shall be with the district court
17	for persons eighteen (18) years of age or older and to the family court for persons under the age
18	of eighteen (18) years. The courts shall have full authority to impose any sentence authorized and
19	to order the suspension of any license for violations of this section. All trials in the district court
20	and family court of violations of the section shall be scheduled within thirty (30) days of the
21	arraignment date. No continuance or postponement shall be granted except for good cause shown.
22	Any continuances that are necessary shall be granted for the shortest practicable time. Trials in
23	superior court are not required to be scheduled within thirty (30) days of the arraignment date.
24	(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on
25	driving while intoxicated or under the influence of a controlled substance, public community
26	restitution, or jail provided for under this section can be suspended.
27	(j) An order to attend a special course on driving while intoxicated that shall be
28	administered in cooperation with a college or university accredited by the state, shall include a
29	provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars
30	($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into
31	the general fund.
32	(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the
33	presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is
34	considered a chemical test.
	LC003746 - Page 109 of 621
1	(l) If any provision of this section, or the application of any provision, shall for any
2	reason be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of
3	the section, but shall be confined in this effect to the provision or application directly involved in
4	the controversy giving rise to the judgment.
5	(m) For the purposes of this section, "servicemember" means a person who is presently
6	serving in the armed forces of the United States, including the Coast Guard, a reserve component
7	thereof, or the National Guard. "Veteran" means a person who has served in the armed forces,
8	including the Coast Guard of the United States, a reserve component thereof, or the National
9	Guard, and has been discharged under other than dishonorable conditions.
10	31-27-2.1. Refusal to submit to chemical test.
11	(a) Any person who operates a motor vehicle within this state shall be deemed to have
12	given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose
13	of determining the chemical content of his or her body fluids or breath. No more than two (2)
14	complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or
15	any controlled substance, as defined in § 21-28-1.02(8), shall be administered at the direction of a
16	law enforcement officer having reasonable grounds to believe the person to have been driving a
17	motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any
18	controlled substance, as defined in chapter 28 of title 21, or any combination of these. The
19	director of the department of health is empowered to make and file, with the secretary of state,
20	regulations that prescribe the techniques and methods of chemical analysis of the person's body
21	fluids or breath and the qualifications and certification of individuals authorized to administer the
22	testing and analysis.
23	(b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the
24	person may file an affidavit with the division of motor vehicles stating the reasons why he or she
25	cannot be required to take blood tests and a notation to this effect shall be made on his or her
26	license. If that person is asked to submit to chemical tests as provided under this chapter, the
27	person shall only be required to submit to chemical tests of his or her breath or urine. When a
28	person is requested to submit to blood tests, only a physician or registered nurse, or a medical
29	technician certified under regulations promulgated by the director of the department of health,
30	may withdraw blood for the purpose of determining the alcoholic content in it. This limitation
31	shall not apply to the taking of breath or urine specimens. The person tested shall be permitted to
32	have a physician of his or her own choosing, and at his or her own expense, administer chemical
33	tests of his or her breath, blood, and/or urine in addition to the tests administered at the direction
34	of a law enforcement officer. If a person, having been placed under arrest, refuses upon the
	LC003746 - Page 110 of 621
1	request of a law enforcement officer to submit to the tests, as provided in § 31-27-2, none shall be
2	given, but a judge or magistrate of the traffic tribunal or district court judge or magistrate, upon
3	receipt of a report of a law enforcement officer: that he or she had reasonable grounds to believe
4	the arrested person had been driving a motor vehicle within this state under the influence of
5	intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or
6	any combination of these; that the person had been informed of his or her rights in accordance
7	with § 31-27-3; that the person had been informed of the penalties incurred as a result of
8	noncompliance with this section; and that the person had refused to submit to the tests upon the
9	request of a law enforcement officer; shall promptly order that the person's operator's license or
10	privilege to operate a motor vehicle in this state be immediately suspended, however, said
11	suspension shall be subject to the hardship provisions enumerated in § 31-27-2.8. A traffic
12	tribunal judge or magistrate, or a district court judge or magistrate, pursuant to the terms of
13	subsection (c), shall order as follows:
14	(1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to
15	five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of
16	public community restitution. The person's driving license in this state shall be suspended for a
17	period of six (6) months to one year. The traffic tribunal judge or magistrate shall require
18	attendance at a special course on driving while intoxicated or under the influence of a controlled
19	substance and/or alcohol or drug treatment for the individual. The traffic tribunal judge or
20	magistrate may prohibit that person from operating a motor vehicle that is not equipped with an
21	ignition interlock system as provided in § 31-27-2.8.
22	(2) Every person convicted of a second violation within a five-year (5) period, except
23	with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; shall
24	be imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred
25	dollars ($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of
26	public community restitution; and the person's driving license in this state shall be suspended for
27	a period of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug
28	treatment for the individual. The sentencing judge or magistrate shall prohibit that person from
29	operating a motor vehicle that is not equipped with an ignition interlock system as provided in §
30	31-27-2.8.
31	(3) Every person convicted for a third or subsequent violation within a five-year (5)
32	period, except with respect to cases of refusal to submit to a blood test, shall be guilty of a
33	misdemeanor; and shall be imprisoned for not more than one year; fined eight hundred dollars
34	($800) to one thousand dollars ($1,000); shall perform not less than one hundred (100) hours of
	LC003746 - Page 111 of 621
1	public community restitution; and the person's operator's license in this state shall be suspended
2	for a period of two (2) years to five (5) years. The sentencing judge or magistrate shall prohibit
3	that person from operating a motor vehicle that is not equipped with an ignition interlock system
4	as provided in § 31-27-2.8. The judge or magistrate shall require alcohol or drug treatment for
5	the individual. Provided, that prior to the reinstatement of a license to a person charged with a
6	third or subsequent violation within a three-year (3) period, a hearing shall be held before a judge
7	or magistrate. At the hearing, the judge or magistrate shall review the person's driving record, his
8	or her employment history, family background, and any other pertinent factors that would
9	indicate that the person has demonstrated behavior that warrants the reinstatement of his or her
10	license.
11	(4) For a second violation within a five-year (5) period with respect to a case of a refusal
12	to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one thousand
13	dollars ($1,000); the person shall perform sixty (60) to one hundred (100) hours of public
14	community restitution; and the person's driving license in this state shall be suspended for a
15	period of two (2) years. The judicial officer shall require alcohol and/or drug treatment for the
16	individual. The sentencing judicial officer shall prohibit that person from operating a motor
17	vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8. Such a
18	violation with respect to refusal to submit to a chemical blood test shall be a civil offense.
19	(5) For a third or subsequent violation within a five-year (5) period with respect to a case
20	of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars ($800) to one
21	thousand dollars ($1,000); the person shall perform not less than one hundred (100) hours of
22	public community restitution; and the person's driving license in this state shall be suspended for
23	a period of two (2) to five (5) years. The sentencing judicial officer shall prohibit that person from
24	operating a motor vehicle that is not equipped with an ignition interlock system as provided in §
25	31-27-2.8. The judicial officer shall require alcohol and/or drug treatment for the individual. Such
26	a violation with respect to refusal to submit to a chemical test of blood shall be a civil offense.
27	Provided, that prior to the reinstatement of a license to a person charged with a third or
28	subsequent violation within a three-year (3) period, a hearing shall be held before a judicial
29	officer. At the hearing, the judicial officer shall review the person's driving record, his or her
30	employment history, family background, and any other pertinent factors that would indicate that
31	the person has demonstrated behavior that warrants the reinstatement of their license.
32	(6) For purposes of determining the period of license suspension, a prior violation shall
33	constitute any charge brought and sustained under the provisions of this section or § 31-27-2.
	LC003746 - Page 112 of 621
1	(7) In addition to any other fines, a highway safety assessment of five hundred dollars
2	($500) shall be paid by any person found in violation of this section, the assessment to be
3	deposited into the general fund. The assessment provided for by this subsection shall be collected
4	from a violator before any other fines authorized by this section.
5	(8) In addition to any other fines and highway safety assessments, a two-hundred-dollar
6	($200) assessment shall be paid by any person found in violation of this section to support the
7	department of health's chemical testing programs outlined in § 31-27-2(4), that shall be deposited
8	as general revenues, not restricted receipts.
9	(9) Any person convicted of a violation under this section shall be assessed a substance
10	abuse education fee of two hundred fifty dollars ($250), which shall be deposited as general
11	revenues, with the estimated amount of fees to be collected to be allocated to the department of
12	behavioral healthcare, development disabilities and hospitals (BHDDH) and used to fund
13	substance abuse prevention programs and student assistance programs for youth pursuant to
14	chapters 21.2 and 21.3 of title 16, and in accordance with the criteria set forth in §§ 16-21.2-4(a)
15	and 16-21.3-2(a).
16	(9)(10) No fines, suspensions, assessments, alcohol or drug treatment programs, course
17	on driving while intoxicated or under the influence of a controlled substance, or public
18	community restitution provided for under this section can be suspended.
19	(c) Upon suspending or refusing to issue a license or permit as provided in subsection (a),
20	the traffic tribunal or district court shall immediately notify the person involved in writing, and
21	upon his or her request, within fifteen (15) days, shall afford the person an opportunity for a
22	hearing as early as practical upon receipt of a request in writing. Upon a hearing, the judge may
23	administer oaths and may issue subpoenas for the attendance of witnesses and the production of
24	relevant books and papers. If the judge finds after the hearing that:
25	(1) The law enforcement officer making the sworn report had reasonable grounds to
26	believe that the arrested person had been driving a motor vehicle within this state while under the
27	influence of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of
28	title 21, or any combination of these;
29	(2) The person, while under arrest, refused to submit to the tests upon the request of a law
30	enforcement officer;
31	(3) The person had been informed of his or her rights in accordance with § 31-27-3; and
32	(4) The person had been informed of the penalties incurred as a result of noncompliance
33	with this section, the judge shall sustain the violation. The judge shall then impose the penalties
	LC003746 - Page 113 of 621
1	set forth in subsection (b). Action by the judge must be taken within seven (7) days after the
2	hearing or it shall be presumed that the judge has refused to issue his or her order of suspension.
3	(d) For the purposes of this section, any test of a sample of blood, breath, or urine for the
4	presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption
5	is considered a chemical test.
6	(e) If any provision of this section, or the application of any provision, shall, for any
7	reason, be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the
8	section, but shall be confined in this effect to the provisions or application directly involved in the
9	controversy giving rise to the judgment.
10	SECTION 10. Chapter 37-13 of the General Laws entitled “Labor and Payment of Debts
11	of Contractors” is hereby amended by adding thereto the following section:
12	37-13-12.5 Administrative Penalty for Violations.
13	(a) Any employer that enters into a settlement agreement with the department of labor and
14	training to administratively resolve potential violations of this chapter in lieu of a formal
15	administrative hearing, in addition to any wages or supplements including interest found to be
16	due, shall pay an administrative penalty in an amount not less than two (2) times the total amount
17	agreed to be due and not greater than three (3) times the amount agreed to be due.
18	SECTION 11. Section 37-13-14.1 of the General Laws in Chapter 37-13 entitled “Labor and
19	Payment of Debts of Contractors” is hereby amended to read as follows:
20	37-13-14.1. Enforcement – Hearings.
21	(a) Before issuing an order or determination, the director of labor and training shall order
22	a hearing thereon at a time and place to be specified, and shall give notice thereof, together with a
23	copy of the complaint or the purpose thereof, or a statement of the facts disclosed upon
24	investigation, which notice shall be served personally or by mail on any person, firm, or
25	corporation affected thereby. The person, firm, or corporation shall have an opportunity to be
26	heard in respect to the matters complained of at the time and place specified in the notice, which
27	time shall be not less than five (5) days from the service of the notice personally or by mail. The
28	hearing shall be held within ten (10) thirty (30) days from the order of hearing. The hearing shall
29	be conducted by the director of labor and training or his or her designee. The hearing officer in
30	the hearing shall be deemed to be acting in a judicial capacity and shall have the right to issue
31	subpoenas, administer oaths, and examine witnesses. The enforcement of a subpoena issued
32	under this section shall be regulated by Rhode Island civil practice law and rules. The hearing
33	shall be expeditiously conducted, and upon such hearing, the hearing officer shall determine the
34	issues raised thereon and shall make a determination and enter an order within ten (10) thirty (30)
	LC003746 - Page 114 of 621
1	days of the close of the hearing, and forthwith serve a copy of the order, with a notice of the filing
2	thereof, upon the parties to the proceeding, personally or by mail. The order shall dismiss the
3	charges or direct payment of wages or supplements found to be due, including interest at the rate
4	of twelve percentum (12%) per annum from the date of the underpayment to the date of payment,
5	and may direct payment of reasonable attorney's fees and costs to the complaining party.
6	(b) In addition to directing payment of wages or supplements including interest found to
7	be due, the order shall also require payment of a further sum as a civil penalty in an amount up to
8	not less than two (2) times the total amount found to be due and not greater than three (3) times
9	the total amount found to be due. Further, if the amount of salary owed to an employee pursuant
10	to this chapter but not paid to the employee in violation of thereof exceeds five thousand dollars
11	($5,000), it shall constitute a misdemeanor and shall be referred to the office of the attorney
12	general. The misdemeanor shall be punishable for a period of not more than one year in prison
13	and/or fined not more than one thousand dollars ($1,000). In assessing the amount of the penalty,
14	due consideration shall be given to the size of the employer's business, the good faith of the
15	employer, the gravity of the violation, the history of previous violations, and the failure to comply
16	with recordkeeping or other nonwage requirements. The surety of the person, firm, or corporation
17	found to be in violation of the provisions of this chapter shall be bound to pay any penalties
18	assessed on such person, firm, or corporation. The penalty shall be paid to the department of labor
19	and training for deposit in the state treasury; provided, however, it is hereby provided that the
20	general treasurer shall establish a dedicated "prevailing wages enforcement fund" for the purpose
21	of depositing the penalties paid as provided herein. There is hereby appropriated to the annual
22	budget of the department of labor and training the amount of the fund collected annually under
23	this section, to be used at the direction of the director of labor and training for the sole purpose of
24	enforcing prevailing wage rates as provided in this chapter.
25	(c) For the purposes of this chapter, each day or part thereof of violation of any provision
26	of this chapter by a person, firm, or corporation, whether the violation is continuous or
27	intermittent, shall constitute a separate and succeeding violation.
28	(d) In addition to the above, any person, firm, or corporation found in violation of any of
29	the provisions of this chapter by the director of labor and training, an awarding authority, or the
30	hearing officer, shall be ineligible to bid on, or be awarded work by, an awarding authority or
31	perform any such work for a period of no less than eighteen (18) months and no more than thirty-
32	six (36) months from the date of the order entered by the hearing officer. Once a person, firm, or
33	corporation is found to be in violation of this chapter, all pending bids with any awarding
	LC003746 - Page 115 of 621
1	authority shall be revoked, and any bid awarded by an awarding authority prior to the
2	commencement of the work shall also be revoked.
3	(e) In addition to the above, any person, firm, or corporation found to have committed
4	two (2) or more willful violations in any period of eighteen (18) months of any of the provisions
5	of this chapter by the hearing officer, which violations are not arising from the same incident,
6	shall be ineligible to bid on, or be awarded work by, an awarding authority or perform any work
7	for a period of sixty (60) months from the date of the second violation.
8	(f) The order of the hearing officer shall remain in full force and effect unless stayed by
9	order of the superior court.
10	(g) The director of labor and training, awarding authority, or hearing officer shall notify
11	the bonding company of any person, firm, or corporation suspected of violating any section of
12	this chapter. The notice shall be mailed certified mail and shall enumerate the alleged violations
13	being investigated.
14	(h) In addition to the above, any person, firm, or corporation found to have willfully
15	made a false or fraudulent representation on certified payroll records shall be referred to the
16	office of the attorney general. A first violation of this section shall be considered a misdemeanor
17	and shall be punishable for a period of not more than one year in prison and/or fined one thousand
18	dollars ($1,000). A second or subsequent violation of this section shall be considered a felony and
19	shall be punishable for a period of not more than three (3) years imprisonment, a fine of three
20	thousand dollars ($3,000), or both. Further, any person, firm, or corporation found to have
21	willfully made a false or fraudulent representation on certified payroll records shall be required to
22	pay a civil penalty to the department of labor and training in an amount of no less than two
23	thousand dollars ($2,000) and not greater than fifteen thousand dollars ($15,000) per
24	representation.
25	SECTION 12. Title 39 of the General Laws entitled "Public Utilities and Carriers" is
26	hereby amended by adding thereto the following chapter:
27	CHAPTER 2.3 UTILITY SERVICE RESTORATION ACT
28	39-2.3 -1. Purpose.
29	The purpose of this chapter is to ensure that each investor-owned electric and gas
30	distribution company has in place emergency preparation plans designed to bring about the
31	prompt restoration of service in the event of widespread outages occurring in the service area of
32	each company.
33	39-2.3-2. Definitions.
34	As used in this chapter:
	LC003746 - Page 116 of 621
1	(1) “Commission” means the public utilities commission.
2	(2) “Company” means an investor-owned electric or gas distribution company.
3	(3) “Division” means the division of public utilities and carriers.
4	(4) “Emergency event” means an event where significant and/or widespread outages or
5	service interruptions occurred in the service area of a company.
6	(5) “Emergency response plan” or “plan” means a company's plan which prepares the
7	company to restore service in a safe and reasonably prompt and cost effective manner in the case
8	of an emergency event.
9	(6) “Life support customers” means medical priority customers who have provided
10	documentation to the electric distribution company of their medical conditions necessitating
11	electric service.
12	(7) “Municipal liaison” means a liaison designated by a company to communicate with a
13	municipality during an emergency event.
14	(8) “Mutual assistance agreement” means an agreement among a company and other
15	utilities, both inside and outside of Rhode Island, that details specifics for obtaining or lending
16	resources, including, but not limited to, material, equipment, and trained personnel, when internal
17	resources are not sufficient to ensure the safe and reasonably prompt restoration of service during
18	an emergency event.
19	39-2.3-3. Emergency response plans required.
20	(a) Each electric distribution company and natural gas distribution company conducting
21	business in the state shall, on or before June 1, 2021, submit to the division an emergency
22	response plan that shall be designed to achieve a prompt restoration of service after an emergency
23	event. Such plans shall be filed annually with the division by the first Monday in June. After
24	review of an electric distribution or natural gas distribution company’s emergency response plan,
25	the division may request that the company amend the plan. The division may open an
26	investigation and conduct hearings on any plan and order modifications if deemed necessary by
27	the division.
28	(b) Any company that fails to file its emergency response plan may be fined five hundred
29	dollars ($500) for each day during which such failure continues. Any fines levied by the division
30	shall be returned to ratepayers through distribution rates in a manner determined by the
31	commission.
32	(c) Plans shall include, but not be limited to, the following information:
33	(1) Identification of management staff responsible for company operations, including a
34	description of their specific duties; and estimation of the number of crews and full-time
	LC003746 - Page 117 of 621
1	equivalents available to respond within twenty-four (24) hours of an emergency event;
2	(2) A communications process with customers that provides continuous access to staff
3	assistance, including, but not limited to, maintaining a website with estimated times of restoration
4	that shall be prominently displayed and updated at least three (3) times per day. The
5	communications process shall also provide estimated times of restoration at least three (3) times
6	per day through at least one other form of media outreach, and when requested by customers via
7	telephone;
8	(3) For electric distribution companies, procedures for maintaining an updated list of life
9	support customers, including a process to immediately update a company's life support customer
10	list when a customer notifies the company of a medical need for electric service, communicating
11	with life support customers before, during and after an emergency event, providing information to
12	public safety officials regarding the status of electric service to life support customers' homes, and
13	procedures for prioritizing power restoration to life support customers;
14	(4) Designation of staff to communicate with local officials, including public safety
15	officials, relevant regulatory agencies, and designated municipal liaisons, and designation of staff
16	to be posted at the Rhode Island emergency management agency’s emergency operations center,
17	and in the event of a virtual activation of the emergency activation center, designation of an
18	employee or employees to participate in the virtual activation;
19	(5) Provisions regarding how the company will assure the safety of its employees,
20	contractors and the public;
21	(6) Procedures for deploying company and contractor crews, and crews acquired through
22	mutual assistance agreements to work assignment areas;
23	(7) Identification of additional supplies and equipment needed during an emergency and
24	the means of obtaining additional supplies and equipment;
25	(8) Designation of a continuously staffed call center in Rhode Island that is sufficiently
26	staffed to handle all customer calls for service assistance for the duration of an emergency event
27	or until full service is restored, whichever occurs first. If the call center is unable to operate
28	during an emergency event, the company shall provide for a call center within fifty (50) miles of
29	Rhode Island; and
30	(9) Designation of an employee or employees to serve as municipal liaisons for each
31	affected municipality within its service territory. The plan shall provide that each municipal
32	liaison has the necessary feeder map or maps outlining municipal substations and distribution
33	networks and up-to-date customer outage reports at the time of the designation as municipal
34	liaison. The plan shall provide that each municipal liaison has three (3) daily customer outage
	LC003746 - Page 118 of 621
1	report updates for the municipal liaison's respective municipality and that each municipal liaison
2	shall use the maps and outage reports to respond to inquiries from state and local officials and
3	relevant regulatory agencies.
4	39-2.3-4. Standards for acceptable performance.
5	(a) As part of its preparation for emergency events, electric distribution and gas
6	distribution companies shall also adhere to certain minimum standards of acceptable
7	performance. These standards are designed to buttress each company’s emergency response plan
8	and to further ensure that each company is sufficiently prepared to restore service to its customers
9	in a safe and reasonably prompt manner after an emergency event. The following minimum
10	performance standards shall apply:
11	(1) For electric distribution companies,
12	(i) Conducting the following on at least an annual basis:
13	(A) Meetings with state and local officials to ensure effective and efficient flow of
14	information and substantial and frequent coordination between the company and local public
15	safety officials, including coordination with local officials with respect to vegetation
16	management; and
17	(B) Training and drills and/or exercises to ensure effective and efficient performance of
18	personnel during emergency events, and to ensure that each company has the ability to restore
19	service to its customers in a safe and reasonably prompt manner; and
20	(ii) Maintaining updated lists of local elected and appointed officials, state and local
21	public safety officials, life support customers, and all internal personnel and external entities
22	involved in the company's restoration efforts.
23	(2) For gas companies, the standards shall include, at a minimum, preparing and
24	following written procedures consistent with those required by 49 U.S.C. §§ 60101 through
25	60125; 49 CFR Part 192: Transportation of Natural and Other Gas by Pipeline: Minimum Federal
26	Safety Standards; and all applicable division rules and regulations. Each gas company shall
27	include these written procedures in their respective manuals for conducting operations and
28	maintenance activities and for emergency response, and, where appropriate, in their manuals of
29	written procedures to minimize hazards resulting from gas pipeline emergencies, as required by
30	49 CFR Part 192; and all applicable division rules and regulations.
31	(3) The division shall have the authority to open a docket and establish additional
32	standards of acceptable performance for emergency preparation and restoration of service for
33	each investor-owned electric and gas distribution company doing business in the state.
34	(b) Each company shall comply with the following reporting requirements:
	LC003746 - Page 119 of 621
1	(1) Submit annually a report with supporting documentation to the division on its
2	preparation for emergency events that details each meeting, training, and drill and or exercise
3	held pursuant to § 39-2.3-4(a)(1);
4	(2) During an emergency event, each company shall provide periodic reports to the
5	division, Rhode Island emergency management agency representatives and municipal emergency
6	managers, or designees, that contain detailed information related to emergency conditions and
7	restoration performance for each affected city and town;
8	(3) Following an emergency event, each company shall submit, within ninety (90) days, a
9	detailed report with supporting documentation to the division on the company’s restoration
10	performance, including lessons learned; and
11	(4) Following an emergency event, and at the direction of the Division, the company shall
12	submit a detailed report with supporting documentation to the division regarding causes of the
13	emergency event, including lessons learned.
14	(5) Before, during, and after an emergency event, track, maintain, and ensure the
15	accuracy of all emergency event related data that the company collects.
16	39-2.3-5. Division review of company performance.
17	(a) Notwithstanding any existing power or authority, the division may open an
18	investigation to review the performance of any company in restoring service during an emergency
19	event. If, after evidentiary hearings or other investigatory proceedings, the division finds that, as a
20	result of the failure of the company to follow its approved emergency response plan or any other
21	negligent actions or omissions by the company, the length of the outages were materially longer
22	than they would have been but for the company's failure, the division shall recommend that the
23	commission enter an order denying the recovery of all, or any part of, the service restoration costs
24	through distribution rates, commensurate with the degree and impact of the service outage.
25	(b) In addition, if the division determines, after investigation and hearing, that the
26	company has violated any of the prescribed standards of acceptable performance, the division
27	shall have the authority to levy a penalty not to exceed one hundred thousand dollars ($100,000)
28	for each day that the violation of the standards persist; provided, however, that the maximum
29	penalty shall not exceed seven million five hundred thousand dollars ($7,500,000) for any related
30	series of violations. In determining the amount of the penalty, the division shall consider, among
31	other factors, the following:
32	(1) The gravity of the violation(s);
33	(2) The appropriateness of the penalty to the size of the company;
34	(3) The good faith of the company in attempting to achieve compliance; and
	LC003746 - Page 120 of 621
1	(4) The degree of control that the company had over the circumstances that led to the
2	violation(s).
3	(c) Any penalty levied by the division against a company for any violation of the
4	division's standards of acceptable performance for emergency preparation and restoration of
5	service for electric and gas distribution companies shall be credited back to the company's
6	customers in a manner determined by the commission.
7	(d) Nothing herein shall prohibit any affected city or town from filing a complaint with
8	the division regarding a violation of the division's standards of acceptable performance by a
9	company; provided, however, that said petition shall be filed with the division no later than ninety
10	(90) days after the violation has been remedied. After an initial review of the complaint, the
11	division shall make a determination as to whether to open a full investigation.\
12	SECTION 13. Section 39-4-22 of the General Laws in Chapter 39-4 entitled "Hearings and
13	Investigations" is hereby amended to read as follows:
14	39-4-22. Penalties for violations.
15	Every public utility or water supplier pursuant to title 46, chapter 15.4 and all officers and
16	agents thereof shall obey, observe, and comply with every order of the division made under the
17	authority of of chapters 1 -- 5 of this title as long as the order, shall be and remain in force. Every
18	public utility or water supplier which shall violate any of the provisions of the chapters or which
19	fails, omits, or neglects to obey, observe, or comply with, any order of the division, shall be
20	subject to a penalty of not less than two hundred dollars ($200), nor more than one thousand
21	dollars ($1,000) for each and every offense. Every violation of the order shall be a separate and
22	distinct offense and, in case of a continuing violation, every day’s continuance thereof shall be,
23	and be deemed to be, a separate and distinct offense.
24	(a) Every officer, agent, or employee of a public utility or water supplier who shall
25	violate fail to obey, observe, and comply with any of the provisions of the chapters, chapters 1
26	through 5 of this title, or any division rule, regulation or order, or who procures, aids, or abets any
27	violation by any public utility, or water supplier or who shall fail to obey, observe, or comply
28	with, any order of the division, or any provision of an order of the division, or who procures, aids,
29	or abets any public utility or water supplier in its failure to obey, observe, or comply with, any
30	order or provision, shall be guilty of a misdemeanor and shall be fined not less than one hundred
31	dollars ($100) nor more than five hundred dollars ($500). one thousand dollars ($1,000). In
32	construing and enforcing the provisions of this section, the act, omission, or failure of any officer,
33	agent, or other person acting for or employed by any public utility, or water supplier, acting
34	within the scope of his or her employment, shall in every case be deemed to be also the act,
	LC003746 - Page 121 of 621
1	omission, or failure of the public utility. or water supplier.
2	(b) The administrator may, in his or her discretion, in lieu of seeking criminal sanctions
3	provided in subsection (a) of this section, impose upon each public utility an administrative civil
4	penalty (fine) for the failure to obey, observe, and comply with any of the provisions of chapters
5	1 through 5 of this title, or division rule, regulation or order.
6	(1) In determining the amount of any penalty to be assessed pursuant to this section, the
7	division shall consider:
8	(i) The seriousness of the violation for which a penalty is sought;
9	(ii) The nature and extent of any previous violations for which penalties have been
10	assessed against the public utility or officer;
11	(iii) Whether there was knowledge of the violation;
12	(iv) The gross revenues and financial status of the public utility; and
13	(v) Such other factors as the division may deem appropriate and relevant
14	(2) Whenever the division has reason to believe that a public utility should be subject to
15	imposition of a civil penalty as set forth in this section, it shall notify such public utility. Such
16	notice shall include, but shall not be limited to:
17	(i) The date and a brief description of the facts and nature of each act or failure to act for
18	which such penalty is proposed;
19	(ii) A list of each provision of chapters 1 through 5 of this title, or division rule,
20	regulation or order that the division alleges has been violated; and
21	(iii) The amount of each penalty that the division proposes to assess.
22	(3) Whenever the division has reason to believe that a public utility should be subject to
23	imposition of a civil penalty or penalties as set forth in this section, the division shall hold an
24	evidentiary hearing to demonstrate why the proposed penalty or penalties should be assessed
25	against such public utility.
26	(4) Any public utility determined by the division to have failed to reasonably comply as
27	shown by a preponderance of the evidence with any provision of chapters 1 through 5 of this title,
28	or division rule, regulation or order, shall forfeit a sum not exceeding the greater of two hundred
29	thousand dollars ($200,000) or two one-hundredths of one percent (0.02%) of the annual
30	intrastate gross operating revenue of the public utility, not including taxes paid to and revenues
31	collected on behalf of government entities, constituting a civil penalty for each and every offense
32	and, in the case of a continuing violation, each day shall be deemed a separate and distinct
33	offense.
34	(5) Any payment made by a public utility as a result of an assessment as provided in this
	LC003746 - Page 122 of 621
1	section, and the cost of litigation and investigation related to any such assessment, shall not be
2	recoverable from ratepayers. All monies recovered pursuant to subsection (b) of this section,
3	together with the costs thereof, shall be remitted to, or for the benefit of, the ratepayers in a
4	manner to be determined by the division.
5	(6) In construing and enforcing the provisions of this section relating to penalties, the act
6	of any director, officer, agent or employee of a public utility acting within the scope of his or her
7	official duties or employment shall be deemed to be the act of such public utility.
8	(7) The penalties provided by this section are in addition to any other penalties or
9	remedies provided in law.
10	SECTION 14. Section 42-29-1 of the General Laws in Chapter 42-29 entitled “Sheriffs” is
11	hereby amended to read as follows:
12	42-29-1. Appointment – Powers and duties – Removal.
13	(a) The director of the department of public safety shall appoint deputy sheriffs and other
14	necessary classifications pursuant to rank structure, subject to the appropriations process. Deputy
15	sheriffs and other employees of the sheriff's division shall be subject to the supervision of the
16	chief/sheriff appointed by the director of the department of public safety who may assign tasks
17	and functions in order to ensure the proper management of the sheriffs' division. Any deputy
18	sheriff hired after July 1, 2001 must successfully complete the sheriff academy and any courses
19	deemed necessary at the municipal police training academy prior to assuming the duties of a
20	deputy sheriff. Furthermore, the director of the department of public safety in conjunction with
21	the personnel administrator shall be responsible for promulgating written class specifications with
22	necessary minimum qualifications defined in them. Deputy sheriffs can be removed for just cause
23	by their appointing authority.
24	(b) All deputy sheriffs, and the deputy sheriffs shall perform all the duties required and
25	exercise all the powers prescribed in this chapter; chapter 15 of title 5; chapters 5 and 10 of title
26	9; chapters 5, 10 and 14 of title 10; chapters 8, 31, 34, 36 and 44 of title 11; chapters 4, 5 and 6 of
27	title 12; chapter 22 of title 17; chapters 4 and 6 of title 22; chapter 2 of title 28; chapter 6 of title
28	35; chapter 8 of title 37; and all other provisions of the general laws and public laws insofar as
29	those powers and duties relate to the deputy sheriffs and as required and prescribed in all other
30	provisions of the general laws and public laws relating to the powers and duties of the sheriffs.
31	(c) All resources of the sheriffs shall be transferred to the division of sheriffs within the
32	department of public safety. These resources include, but are not limited to, all positions,
33	property, accounts and other funding pertinent to sheriffs.
	LC003746 - Page 123 of 621
1	(d)(1) Any reference in the general laws to a chief/sheriff within the division of sheriffs
2	shall be deemed to mean a sworn member of the division of sheriffs.
3	(2) Any reference in the general laws to a member of the division of sheriffs shall be
4	deemed to mean a sworn deputy sheriff within the division of sheriffs.
5	(e) Applicants to the division of sheriffs’ training academy shall pay an application fee in
6	the amount of fifty dollars ($50.00); provided, however, the director of public safety may waive
7	such application fee if the payment thereof would be a hardship to the applicant.
8	(f) All fees collected by the division pursuant to this section shall be deposited as general
9	revenues.
10	SECTION 15. Section 6 shall take effect October 1, 2020. Section 9 shall take effect
11	January 1, 2021. The remaining sections of this article shall take effect upon passage.
	LC003746 - Page 124 of 621
1	ARTICLE 7
2	RELATING TO THE ENVIRONMENT
3	SECTION 1. Effective on July 1, 2020, section 20-1-13 of the General Laws in Chapter 20-1
4	entitled “General Provisions” is hereby amended to read as follows:
5	20-1-13. Publication and effective date of seasons and bag limits.
6	Notice of the director’s intention to adopt regulations pursuant to § 20-1-12 and the holding
7	of a public hearing on these regulations shall be published in at least one newspaper of general
8	statewide circulation, not less than twenty (20) days prior to the date of the public hearing. These
9	regulations shall remain in effect not longer than one year following the date of their
10	effectiveness.
11	SECTION 2. Effective on July 1, 2020, sections 20-2-15, 20-2-16, 20-2-17, 20-2-18, 20-2-
12	18.1, 20-2-18.3, 20-2-30, 20-2-37 and 20-2-42 of the General Laws in Chapter 20-2 entitled
13	"Licensing" are hereby amended to read as follows:
14	20-2-15. Freshwater fishing license.
15	(a)(1) Resident: eighteen dollars ($18.00). twenty-one dollars ($21.00); commencing July 1,
16	2024, twenty-four dollars ($24.00); commencing July 1, 2027, twenty-seven dollars ($27.00).
17	(2) Nonresident: thirty-five dollars ($35.00). thirty-eight dollars ($38.00); commencing July
18	1, 2024, forty-one dollars ($41.00); commencing July 1, 2027, forty-four dollars ($44.00).
19	(3) Nonresident tourist: sixteen dollars ($16.00). eighteen dollars ($18.00); commencing July
20	1, 2024, twenty dollars ($20.00); commencing July 1, 2027, twenty-two dollars ($22.00). This
21	license shall entitle the licensee to fish in Rhode Island for three (3) consecutive days including
22	the day of issue.
23	(b) Freshwater fishing licenses shall expire on the last day of February of each year.
24	20-2-16. Hunting License.
25	(a)(1) Resident: eighteen dollars ($18.00). twenty-one dollars ($21.00); commencing July 1,
26	2024, twenty-four dollars ($24.00); commencing July 1, 2027, twenty-seven dollars ($27.00).
27	(2) Nonresident: forty-five dollars ($45.00). fifty-five dollars ($55.00); commencing July 1,
28	2024, sixty-five dollars ($65.00); commencing July 1, 2027, seventy-five dollars ($75.00).
29	(3) Nonresident landowner: a nonresident citizen of the United States and owner of real
30	estate in Rhode Island assessed for taxation at a valuation of not less than thirty thousand dollars
31	($30,000) may obtain a resident’s hunting license.
32	(4) Shooting preserve: three dollars and fifty cents ($3.50).
	LC003746 - Page 125 of 621
1	(5) Nonresident three (3) day: sixteen dollars ($16.00) twenty dollars ($20.00). This license
2	shall entitle the licensee to hunt in Rhode Island for three (3) consecutive days as validated by the
3	issuing agent.
4	(6) Resident junior hunting license: fourteen dollars ($14.00).
5	(7) Nonresident junior hunting license: forty dollars ($40.00).
6	(b) Hunting licenses shall expire on the last day of February of each year.
7	20-2-17. Combination fishing and hunting license.
8	The director may grant to any eligible resident applying for a combination hunting and
9	fishing license a license that shall entitle the licensee to the privileges of both hunting and fishing
10	licenses, for a fee of thirty-three dollars ($33.00) thirty-eight dollars ($38.00); commencing July
11	1, 2024, forty-three dollars ($43.00); commencing July 1, 2027, forty-eight dollars ($48.00). The
12	license shall expire on the last day of February of each year.
13	20-2-18. Deer Permits.
14	(a)(1) Resident: twelve dollars and fifty cents ($12.50) thirteen dollars ($13.00); commencing
15	July 1, 2024, fourteen dollars ($14.00); commencing July 1, 2027, fifteen dollars ($15.00).
16	(2) Nonresident: twenty-five twenty-six dollars and fifty cents ($25.50$26.50).; commencing
17	July 1, 2024, twenty-seven dollars and fifty cents ($27.50); commencing July 1, 2027, twenty-
18	eight dollars and fifty cents ($28.50).
19	(b) A deer permit is good only for the season in which it is issued.
20	20-2-18.1. Wild turkey permits.
21	No person shall attempt to take any wild turkey without first obtaining a regular hunting
22	license and a turkey permit for the current year. Permits shall be sold at the direction of the
23	director for a fee of seven dollars and fifty cents eight dollars ($7.50$8.00) for residents and
24	twenty-one dollars and fifty cents ($20.00$21.50) for nonresidents. Commencing July 1, 2024,
25	permits shall be sold for a fee of nine dollars ($9.00) for residents and twenty-three dollars
26	($23.00) for nonresidents. Commencing July 1, 2027, permits shall be sold for a fee of ten dollars
27	and fifty cents ($10.50) for residents and twenty-four dollars and fifty cents ($24.50) for
28	nonresidents. The issuing agent may retain a fee of fifty cents ($0.50) for each permit and shall
29	remit seven dollars ($7.00) for resident permits and nineteen dollars and fifty cents ($19.50) for
30	nonresident permits the remainder to the department. A wild turkey permit shall be good only for
31	the season in which it is issued. All monies derived by the department from the sale of wild
32	turkey permits shall be expended for turkey habitat acquisition in Rhode Island and wild turkey
33	restoration management and research.
34	20-2-18.3. Stocked game bird permit fees and bag limits.
	LC003746 - Page 126 of 621
1	Permits shall be sold at the direction of the director for a fee of fifteen seventeen dollars and
2	fifty cents ($15.50$17.00). Commencing July 1, 2024, the fee for a permit shall be eighteen
3	dollars and fifty cents ($18.50). Commencing July 1, 2027, the fee for a permit shall be twenty-
4	one dollars ($21.00). The issuing agent will retain a fee of fifty cents ($0.50) for each permit and
5	shall remit fifteen dollars ($15.00) the remainder to the department. The permit will allow the
6	person to harvest a daily bag and season limit as described in regulations promulgated by the
7	director. All monies derived by the department from the sale of stocked game bird permits shall
8	be expended for stocking game birds and wildlife habitat acquisition in Rhode Island.
9	20-2-30. Fur trapping and licenses.
10	(a)(1) Fur trapper – Resident: ten fifteen dollars ($10.00$15.00); commencing July 1, 2024,
11	twenty dollars ($20.00); commencing July 1, 2027, twenty-five dollars ($25.00).
12	(2) Fur trapper – Nonresident: thirty fifty dollars ($30.00$50.00); commencing July 1, 2024,
13	seventy-five dollars ($75.00); commencing July 1, 2027, one hundred dollars ($100.00).
14	(b) Fur trapper and fur licenses expire on the last day of March of each year.
15	20-2-37. Waterfowl stamp fees.
16	(a) Stamps shall be sold at the direction of the director for a fee of seven eight dollars and
17	fifty cents ($7.50$8.00). Commencing July 1, 2024, the fee for a stamp shall be nine dollars
18	($9.00). Commencing July 1, 2027, the fee for a stamp shall be ten dollars ($10.00). The issuing
19	agent may retain a fee of fifty cents ($.50) and shall remit seven dollars ($7.00) the remainder of
20	each fee to the department. The director shall establish a uniform sale price for all categories of
21	by-products.
22	(b) [Deleted by P.L. 2002, ch. 65, art. 13, § 16.]
23	20-2-42. Trout conservation stamp fee.
24	Stamps shall be sold at the direction of the director for a fee of five dollars and fifty cents
25	($5.50). Commencing July 1, 2024, the fee for a stamp shall be six dollars ($6.00). Commencing
26	July 1, 2027, the fee for a stamp shall be six dollars and fifty cents ($6.50). The issuing agent may
27	retain a fee of fifty cents ($.50) for each stamp sold and shall remit five dollars ($5.00) the
28	remainder of each fee to the department. The director shall establish uniform sale prices for all
29	categories of by-products.
30	SECTION 3. Section 20-2-27.1 of the General Laws in Chapter 20-2 entitled “Licensing.” is
31	hereby amended to read as follows:
32	20-2-27.1. Rhode Island party and charter boat vessel license.
33	(a) All party and charter boats vessels carrying recreational passengers to take or attempt to
34	take marine fish species upon the navigable state and coastal waters of Rhode Island shall be
	LC003746 - Page 127 of 621
1	required to obtain a Rhode Island party and charter boat vessel license. The licenses shall be
2	issued by the department on a biennial basis for a fee of twenty-five dollars ($25) per vessel. The
3	annual fee shall be one hundred dollars ($100) for a resident of Rhode Island and shall be three
4	hundred dollars ($300) for a nonresident. All licensed party and charter boats vessels shall be
5	required to display a party and charter boat vessel decal provided by the department. To obtain a
6	license, the owner of a qualified vessel must submit:
7	(1) A current copy of the operator's United States Coast Guard license to carry passengers for
8	hire;
9	(2) A current copy of the vessel's " of Documentation" certifying that the vessel is
10	documented "Coastwise," or if the vessel is under five (5) net tons, a copy of the vessel's state
11	registration;
12	(3) Proof that the operator and crew are currently enrolled in a random drug testing program
13	that complies with the federal government's 46 C.F.R. § 16.101 et seq. "Drug Testing Program"
14	regulations; and
15	(4) A signed license application form certifying that the vessel is, and will be, operated in
16	compliance with all state and federal safety regulations for the vessel.
17	(b) Rhode Island party and charter boat vessel licenses shall expire on the last day of
18	February December every other year, with the first expiration date being in February 2001.
19	SECTION 4. Sections 20-2.1-3, 20-2.1-4, 20-2.1-7 and 20-2.1-8 of the General Laws in
20	Chapter 20-2.1 entitled “Commercial Fishing Licenses” are hereby amended to read as follows:
21	20-2.1-3. Definitions.
22	For the purposes of this chapter the following terms shall mean:
23	(1) "Basic harvest and gear levels" means fishery-specific harvest and/or gear levels,
24	established and regularly updated by the department by rule, that, in a manner consistent with the
25	state or federally sanctioned management plans or programs that may be in effect, and to the
26	extent possible given those plans and programs, provide a maximum level of participation for
27	commercial fishing license holders in accordance with applicable endorsements.
28	(1) “Activity Standard” means a level of fishing participation used to establish criteria for the
29	issuance of new licenses.
30	(2) "Commercial fisherman" means a natural person licensed to who catches, harvests, or
31	takes finfish, crustaceans, or shellfish marine species from the marine waters for sale.
32	(3) "Council" means the marine fisheries council established by chapter 3 of this title.
33	(4) "Crustaceans" means lobsters, crabs, shrimp, and for purposes of this chapter it also
34	includes horseshoe crabs.
	LC003746 - Page 128 of 621
1	(5) "Director" means the director of the department of environmental management.
2	(6) "Endorsement" means the designation of a fishery in which a license holder may
3	participate either basic or full harvest and gear levels. Endorsement categories and levels shall be
4	established annually by the department by rule, based on the status of the various fisheries, the
5	levels of participation of existing license holders, and the provisions of applicable management
6	plans or programs. At a minimum, endorsement categories and endorsement opportunities shall
7	include, but may not be limited to: non-lobster crustacean; lobster; non-quahaug shellfish;
8	quahaug; non-restricted finfish; and restricted finfish. Endorsements, when available, shall be
9	issued in accordance with applicable qualifying criteria.
10	(6) “Family member” means a spouse, mother, father, brother, sister, child, or grandchild of
11	the holder or transferor of a commercial fishing license.
12	(7) "February 28" means the twenty-eighth (28th) day in the month of February or the next
13	business day if February 28 falls on a Saturday or Sunday for the purpose of application
14	submittals and renewal deadlines.
15	(87) "Finfish" means cold-blooded aquatic vertebrates with fins, including fish, sharks, rays,
16	skates, and eels and also includes, for the purposes of this chapter, squid.
17	(98) "Fisheries sectors" means and comprises crustaceans, finfish, shellfish, as defined in this
18	section, each of which shall singularly be considered a fishery sector.
19	(9) "Fishery Endorsement" means the authorization for a license holder to participate in a
20	designated fishery sector at a limited or unlimited level.
21	(10) "Full harvest and gear levels" means fishery-specific harvest and/or gear levels,
22	established and regularly updated by the department by rule, that, in a manner consistent with the
23	state or federally sanctioned management plans or programs that may be in effect, and to the
24	extent possible given those plans and programs, provide a maximum level of participation for
25	principal effort license holders in accordance with applicable endorsements and for all multi-
26	purpose license holders.
27	(1110) "Grace period" means sixty (60) calendar days commencing the last day of February
28	28, as defined herein, and shall only apply to renewals of licenses from the immediately
29	preceding year; provided, that for calendar year 2004 the grace period shall be ninety (90)
30	calendar days commencing February 29, 2004.
31	(1211) "Medical hardship" means a significant medical condition that prevents a license
32	applicant from meeting the application requirements renders an active licensed person unable to
33	fish for a period in excess of fourteen (14) days, either as a result of the physical loss of function
	LC003746 - Page 129 of 621
1	or impairment of a body part or parts, or debilitating pain. Demonstration of the medical hardship
2	shall be in the form of a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.).
3	(12) "Medical Incapacity" means death or injury that renders an active license holder
4	permanently unable to actively fish. Demonstration of medical incapacity shall be in the form of a
5	death , or a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.).
6	(13) “Other Endorsement” means the authorization for a license holder or vessel to participate
7	in a designated activity.
8	(1314) "Shellfish" means quahogs, clams, mussels, scallops, oysters, conches, and mollusks
9	in general other than squid.
10	(1415) "Student commercial fisherman" means a resident, twenty-three (23) years of age or
11	younger, licensed pursuant to this chapter, who is a full-time student.
12	20-2.1-4. Licenses – General provisions governing licenses issued.
13	(a) Licenses and vessel declarations required Applicability. It shall be unlawful for any
14	person in Rhode Island or the waters of the state: (1) To take, catch, harvest, possess, or to hold,
15	or transport for sale in Rhode Island any marine finfish, crustacean, or shellfish species without a
16	license issued under the provisions of this title, provided, however, that marine finfish,
17	crustaceans, or shellfish species may be transported by a duly licensed dealer if the marine
18	finfish, crustaceans, or shellfish species have previously been sold by a duly licensed person; or
19	(2) To engage in commercial fishing from a vessel unless the vessel has been declared a
20	commercial fishing vessel as provided in § 20-2.1-5(23) and has a decal affixed to it or is
21	displaying a plate.
22	(b) Validation of license. No license issued under this chapter shall be valid until signed by
23	the licensee in his or her own handwriting.
24	(c) Transfer or loan of license. Unless otherwise provided for in this title, a license issued to a
25	person under this chapter shall be good only for the person to whom it is issued and any transfer
26	or loan of the license shall be grounds for revocation or suspension of that license pursuant to §
27	20-2-13.
28	(d) Reporting and inspections condition of license. All persons granted a license under the
29	provisions of this chapter are deemed to have consented to the reporting requirements applicable
30	to commercial fishing actively that are established pursuant to this title and to the reasonable
31	inspection of any boat, vessel, net, rake, bullrake, tong, dredge, trap, pot, vehicle, structure, or
32	other contrivance used regularly for the keeping or storage of fish, shellfish or crustaceans marine
33	species, and any creel, box, locker, basket, crate, blind, fishing, or paraphernalia used in
	LC003746 - Page 130 of 621
1	conjunction with the licensed activity by persons duly authorized by the director. The provisions
2	of § 20-1-8(a)(7)(ii) shall apply to these inspections.
3	(e) Possession, inspection, and display of license. Every person holding a license issued
4	under this chapter shall have that license in his or her possession at all times while engaged in the
5	licensed activity and shall present the license for inspection on demand by any authorized person.
6	Any person who shall refuse to present a license on demand shall be liable to the same
7	punishment as if that person were fishing without a license.
8	(f) Application for license. Every person entitled to a license under this chapter shall file an
9	application with the director, or the director's authorized agent, properly sworn to, stating the
10	name, age, occupation, place of residence, mailing address, weight, height, and color of hair and
11	eyes of the applicant for whom the license is wanted and providing any other information that
12	may be required pursuant to rule in order to effectuate the purposes of this chapter, and pay the
13	fees as provided in this chapter. All licenses issued under this chapter shall be valid only for the
14	calendar year of issuance, unless otherwise specified in this chapter or in the rules and regulations
15	adopted pursuant to this chapter. If the person will be either the owner or the operator as provided
16	in § 20-2.1-5(57) of a commercial fishing vessel, the person shall declare, on the application for
17	each commercial fishing vessel, the vessel name, length, horsepower, state registration number or
18	coast guard documentation number, federal permit number, if any, gear type(s), the principal
19	fishery or fisheries, and average projected crew size.
20	(g) Application deadline, grace period for renewals, and limitation on appeals after the
21	deadlines. For commercial marine fishing licenses provided for in §§ 20-2.1-5 and 20-2.1-6, the
22	following provisions shall apply:
23	(1) Unless otherwise specified in this chapter, an individual qualified to obtain a license must
24	submit an application to the department of environmental management no later than the last day
25	of February 28 of each year; license application shall be deemed valid if submitted to the
26	department prior to the close of regular office hours on the last day of February 28 or if
27	postmarked by the last day of February 28;
28	(2) Unless otherwise specified in this title, no new or renewed licenses shall be issued after
29	the last day of February 28 of each year, unless an applicant has submitted an application by the
30	February 28 deadline required by this section;
31	(3) The department shall notify all license holders, in writing, regarding the December 31
32	expiration and the February 28 renewal deadline no later than November 1 of each year;
33	(4) For renewals of existing commercial marine fishing licenses that expire on December 31
34	of the immediately preceding year, there shall be a sixty-day (60) grace period from the renewal
	LC003746 - Page 131 of 621
1	deadline of February 28; licenses issued during the grace period shall be subject to a late fee in
2	the amount of two-hundred dollars ($200) in addition to all other applicable fees;
3	(5) Except as provided for in subsection (g)(4) or § 20-2.1-5(1)(iviii)(A), the department shall
4	not accept any applications submitted after the last day of February 28; and
5	(6) There shall be no right to request reconsideration by the commercial fishing license
6	review board or an appeal to the department of environmental management's administrative
7	adjudication division (AAD) for the rejection of any new license applications submitted after the
8	last day of February 28, or any license renewal applications submitted after the sixty-day (60)
9	grace period., except in In the case of a documented medical hardship as defined herein medical
10	condition that prevents a license applicant from meeting the application requirements, the license
11	applicant has no more than one year after the expiration of a license to appeal to AAD.
12	Demonstration of such medical condition shall be in the form of a diagnosis and prognosis signed
13	by a medical doctor (M.D. or O.D.).
14	(h) Lost or destroyed licenses and duplicate licenses. Whoever loses, or by a mistake or
15	accident destroys his or her of a commercial marine fisheries license, may, upon application to
16	the department accompanied by an affidavit fully setting forth the circumstances of the loss,
17	receive a duplicate license for the remainder of the year covered by the original , for a fee of ten
18	dollars ($10.00) for each duplicate license.
19	(i) Revocation of licenses.
20	(1) License revocation. The license of any person who has violated the provisions of this
21	chapter; or rules adopted pursuant to the provisions of this chapter; or rules and regulations that
22	pertain to commercial fishing and reporting issued pursuant to this title, may be suspended or
23	revoked by the director as the director shall determine by regulation. Any person aggrieved by an
24	order of suspension or revocation may appeal this order in accordance with the provisions of the
25	Administrative Procedures Act, chapter 35 of title 42.
26	(2) False statements and violations; cancellation of license. Any person who willfully makes
27	a false representation as to birthplace or requirements of identification or of other facts required
28	in an application for license under this chapter or is otherwise directly or indirectly a party to a
29	false representation, shall be punished by a fine of not more than fifty dollars ($50.00). A license
30	obtained by any person through a false representation shall be null and void and the license shall
31	be surrendered immediately to the director. No license shall be issued under this title to this
32	person for a period of one year from the date of imposition of a penalty under this section.
33	(3) False, altered, forged, or counterfeit licenses. Every person who falsely makes, alters,
34	forges, or counterfeits, or who causes to be made, altered, forged, or counterfeited, a license
	LC003746 - Page 132 of 621
1	issued under this chapter or title, or purporting to be a license issued under this chapter or title, or
2	who shall have in his or her possession such a license knowing it to be false, altered, forged, or
3	counterfeit, is guilty of a misdemeanor and is subject to the penalties prescribed in § 20-1-16.
4	(j) Expiration. Unless otherwise specified in this title, all licenses issued under this chapter
5	shall be annual and shall expire on December 31 of each year. It shall be unlawful for any person
6	to fish commercially in Rhode Island waters on an expired license; and the application and grace
7	periods set forth in subsections (g)(1) and (g)(4) above shall not extend the validity of any expired
8	license.
9	(k) Notice of change of address. Whenever any person holding any commercial fishing
10	license shall move from the address named in his or her last application, that person shall, within
11	ten (10) days subsequent to moving, notify the office of boat registration and licensing of his or
12	her former and current address.
13	20-2.1-7. Landing permits and fees.
14	Landing permits shall be issued as provided for in chapter 4 of this title. In addition, a
15	nonresident must obtain a landing permit, for a fee of two hundred dollars ($200), to off-load or
16	land species harvested outside Rhode Island waters. The landing permit shall be valid for the
17	calendar year in which it was issued. The department shall adopt any rules and procedures that
18	may be necessary for the timely issuance of landing permits in order to facilitate the off-loading
19	and sale of non-quota species harvested outside state waters.
20	(a) All residents or nonresidents, with the exception of persons or vessels with qualifying
21	Rhode Island fishing licenses, who have charge of a vessel carrying seafood products legally
22	harvested outside Rhode Island waters shall obtain a permit to land, sell or offer for sale seafood
23	products in Rhode Island. The permit shall be issued by the department upon proof that the
24	applicant holds a valid state or federal commercial fishing license.
25	(1) Resident landing permit: for the landing, sale or offering for sale of marine species
26	(including process product), caught by any means: the fee shall be three hundred dollars ($ 300).
27	(2) Nonresident landing permit: for the landing, sale or offering for sale of marine species
28	(including process product), caught by any means, excluding restricted species as defined by rule.
29	The fee shall be six hundred dollars ($600).
30	(3) Nonresident exempted landing permits.
31	(i) A new landing permit shall not be issued to any nonresident to off-load, land, offer for
32	sale, or sell any restricted marine species, the definition of which shall be established by the
33	department by rule and shall take into account species for which a quota has been allocated to the
	LC003746 - Page 133 of 621
1	state of Rhode Island by the Atlantic States Marine Fisheries Council or the National Marine
2	Fisheries service, unless:
3	(A) the landing shall be counted against the quota of the state where the vessel making the
4	landing is registered or documented; or
5	(B) the state where the vessel making the landing is registered or documented issues new
6	landing permits to Rhode Island residents to land against that state's quota for the same species.
7	For purposes of this section, the renewal of any nonresident landing permit shall be considered a
8	new nonresident landing permit unless the applicant can show, to the satisfaction of the director,
9	historic participation in the fishery and landings of the species; and any change or upgrade of a
10	vessel twenty percent (20%) or greater in length, displacement, or horsepower above the named
11	vessel shall be considered a new landing permit. Issuance of a landing permit shall not be deemed
12	to create a property right that can be sold, transferred, or encumbered; landing permits shall be
13	surrendered to the state upon their non-renewal or forfeiture, and the acquisition of a named
14	vessel by a nonresident who does not already have a landing permit shall not entitle the
15	nonresident to a landing permit unless a new landing permit can be issued as allowed in this
16	section.
17	(4) Fee: The fee shall be six hundred dollars ($600).
18	(b) Landing permits shall be valid for the calendar year in which they are issued.
19	(c) The department shall adopt any rules and procedures that may be necessary for the timely
20	issuance of these permits in order to facilitate the off-loading and sale of seafood products, except
21	restricted finfish, harvested outside Rhode Island waters.
22	(d) Notwithstanding the provisions of this section, a commercial vessel with seafood products
23	on board may, without a landing permit, enter Rhode Island waters and be secured to a shoreside
24	facility for purposes other than landing, selling, or offering for sale the seafood products on board
25	if the person having charge of the vessel obtains permission from the department's division of law
26	enforcement prior to securing the vessel to the shoreside facility.
27	20-2.1-8 Dealers' licenses and fees.
28	In accordance with §§ 20-4-1.1, 20-6-24, and 20-7-5.1, the following dealers' licenses shall
29	be issued by the department:
30	(a) No person, partnership, firm, association, or corporation shall barter or trade in marine
31	species taken by persons licensed under this chapter unless a license so to do has been obtained
32	from the director of environmental management.
	LC003746 - Page 134 of 621
1	(b) Any licensee operating under the provisions of this section shall purchase marine species
2	from licensed persons only and shall purchase or possess only those lobsters legally taken or
3	possessed.
4	(c) The director shall issue and enforce rules and regulations and orders governing bartering
5	and trading in marine species by licensed persons of marine species and licensed dealers, and
6	other persons, partnerships, firms, associations, or corporations.
7	(d) License types and fees:
8	(1) Multi-purpose Rhode Island dealer's license. This license shall allow the holder dealer to
9	deal purchase or sell all marine products in the state of Rhode Island. The license shall be valid
10	for the calendar year in which it is issued. The cost of the license fee shall be three hundred four
11	hundred and fifty dollars ($300 450).
12	(2) Finfish dealer's license. This license shall allow the holder dealer to deal purchase or sell
13	all finfish products in the state of Rhode Island. The license shall be valid for the calendar year in
14	which it is issued. The cost of the license fee shall be two hundred three hundred dollars ($200
15	300).
16	(3) Shellfish dealer's license. This license shall allow the holder dealer to deal purchase or
17	sell all shellfish products in the state of Rhode Island. The license shall be valid for the calendar
18	year in which it is issued. The cost of the license fee shall be two hundred three hundred dollars
19	($200 300).
20	(4) Crustacean dealer license. This license shall allow the dealer to purchase all crustacean
21	products in the state of Rhode Island. The license shall be valid for the calendar year in which it is
22	issued. The fee shall be three hundred dollars ($300).
23	(e) Seafood dealers license – suspension or revocation. The director may suspend, revoke, or
24	deny the license of a seafood dealer or fisher of marine species for the violation of any provision
25	of this title or the rules, regulations, or orders adopted or issued pursuant to this title.
26	(f) Any person aggrieved by the decisions of the director may appeal the decision pursuant to
27	the provisions of the Administrative Procedures Act, chapter 35 of title 42.
28	(g) The director is authorized to enter and inspect the business premises, appurtenant
29	structures, vehicles, or vessels of any seafood dealer and to inspect the records maintained by a
30	seafood dealer for the purpose of determining compliance with the provisions of this section and
31	any rules, regulations, or orders issued under this section, and no person shall interfere with,
32	obstruct the entrance, or inspection of the director or the director's agents of those business
33	premises, appurtenant structures, vehicles or vessels.
	LC003746 - Page 135 of 621
1	(h) Any violation of the provisions of this section or any rule, regulation, or order adopted
2	under this section shall be subject to penalties prescribed in § 20-1-16.
3	SECTION 5. Effective on July 1, 2021, 20-2.1-5 and 20-2.1-6 of the General Laws in
4	Chapter 20-2.1 entitled “Commercial Fishing Licenses” are hereby amended to read as follows:
5	20-2.1-5. Resident licenses, endorsements and fees.
6	The director shall establish, as a minimum, the following types of licenses and endorsements
7	set forth in this section. In addition, the director may establish any other classes and types of
8	licenses and endorsements, consistent with the provisions of this chapter and with adopted
9	management plans that may be necessary to accomplish the purposes of this chapter:
10	(1) Types of licenses.
11	(i) Standard resident commercial Commercial fishing license. Rhode Island residents shall be
12	eligible to obtain a standard resident commercial fishing license; the license shall allow the holder
13	to engage in commercial fishing in fisheries sectors, per dictated by the fishery endorsement(s)
14	associated with the license at basic harvest and gear levels. Fishery endorsements shall be
15	established by the department consistent with fishery management plans developed pursuant to
16	this chapter. The annual fee for a commercial fishing license shall be fifty dollars ($50.00) and
17	twenty-five dollars ($25.00) for each endorsement at the basic harvest and gear levels.
18	(ii) Principal effort license. Duly licensed persons, in a fishery as of December 31 of the
19	immediately preceding year, shall be eligible to obtain a principal effort license for the fishery
20	sector for which they were licensed on December 31 of the immediately preceding year, which
21	principal effort license shall allow its holder to fish in a fishery sector at the full harvest and gear
22	levels. The annual fee for a principal-effort license shall be one hundred fifty dollars ($150).
23	Principal effort license holders, in addition to the fishery sector of their principal effort, shall be
24	eligible to obtain endorsements for the other fishery sectors at the full harvest and gear levels, if
25	and when those endorsements are made available; the annual fee for each other fishery sector
26	endorsement shall be seventy-five dollars ($75.00). Principal effort license holders shall also be
27	eligible to obtain a commercial fishing license with endorsements, except for fisheries in which
28	the license holder can fish at the full harvest and gear levels.
29	(iii) Multi-purpose license. All multi-purpose license holders as of December 31 of the
30	immediately preceding year shall be eligible to obtain a multi-purpose license that shall allow the
31	holder to engage in commercial fishing in all fisheries sectors at the full harvest and gear levels.
32	At the time of application for a multi-purpose license and each annual renewal of it, the applicant
33	shall make a non-binding declaration of which fishing sectors the applicant intends to place
	LC003746 - Page 136 of 621
1	significant fishing effort during the period covered by the license. The annual fee for multi-
2	purpose license shall be three hundred dollars ($300).
3	(iv) Special licenses.
4	(Aiii) Student shellfish license. A resident twenty-three (23) years or younger shall pay fifty
5	dollars ($50.00) for a student commercial license to take shellfish upon provision of proof of full-
6	time student status. An individual qualified to obtain a license must submit an application to the
7	department of environmental management no later than June 30 of each year; a license
8	application shall be deemed valid if submitted to the department prior to the close of regular
9	office hours on June 30 or if postmarked by June 30.
10	(Biv) Over sixty-five (65) shellfish license. A resident sixty-five (65) years of age and over
11	shall be eligible for a shellfish license to shellfish commercially and there shall be no fee for this
12	license.
13	(v) Multipurpose vessel license. Any multipurpose license holder shall be eligible to obtain a
14	multipurpose vessel license that shall allow the vessel owner to designate any operator to engage
15	in commercial fishing for all marine species aboard their owned vessel, provided the vessel owner
16	has consigned a multipurpose fishing license to the department. The department may then re-issue
17	the consigned multipurpose fishing license to the commercially declared fishing vessel as a
18	multipurpose vessel license. The director has the authority to limit the number of multipurpose
19	vessel licenses issued annually by rule. The fee for a multipurpose vessel license shall be one
20	thousand dollars ($1,000).
21	(2) Fees.
22	(i) Standard resident commercial fishing license.
23	(A) Standard resident commercial fishing license plus one limited fishery endorsement: The
24	fee shall be one hundred fifty dollars ($150).
25	(B) Standard resident commercial fishing license plus two limited fishery endorsement: The
26	fee shall be two hundred dollars ($200).
27	(C) Standard resident commercial fishing license plus three limited fishery endorsement: The
28	fee shall be two hundred fifty dollars ($250).
29	(D) Standard resident commercial fishing license plus one unlimited fishery endorsement:
30	The fee shall be three hundred dollars ($300).
31	(E) Standard resident commercial fishing license plus one unlimited fishery endorsement and
32	one limited fishery endorsement: The fee shall be three hundred fifty dollars ($350).
33	(F) Standard resident commercial fishing license plus two unlimited fishery endorsement:
34	The fee shall be three hundred seventy-five dollars ($375).
	LC003746 - Page 137 of 621
1	(G) Standard resident commercial fishing license plus one unlimited fishery endorsement and
2	two limited fishery endorsement: The fee shall be four hundred dollars ($400).
3	(H) Standard resident commercial fishing license plus two unlimited fishery endorsement and
4	one limited fishery endorsement: The fee shall be four hundred twenty-five dollars ($425).
5	(ii) Multipurpose license: The fee shall be four hundred fifty dollars ($450).
6	(23) Vessel declaration and fees; gear endorsement and fees.
7	(i) Vessel declaration and fee. (A) The department shall require the owner and/or the operator
8	of a commercial fishing vessel to declare the vessel on the owner/operator's commercial fishing
9	license. The declaration shall be made at the time of initial license issuance and each renewal, or
10	prior to the vessel being used for commercial fishing by the owner and/or operator if the first
11	usage of the vessel for commercial fishing occurs during the course of a year after the license has
12	been issued or renewed. If the declaration is for a vessel of less than twenty-five feet (25') in
13	length, the declaration shall be transferable to another vessel less than twenty-five feet (25') in
14	length, provided the vessel is identified as commercial fishing vessel while it is being used for
15	commercial fishing by displaying a plate as provided in § 20-2.1-4.
16	(B) The annual fee for each vessel declaration shall be twenty-five dollars ($25.00) for the
17	first twenty-five feet (25') or under, plus fifty cents ($0.50) per foot for each whole foot over
18	twenty-five feet (25'); this declaration fee shall entitle the holder to a decal. The holder of a valid
19	decal for twenty-five feet (25') in length or under may obtain a plate from the department for
20	display on a vessel twenty-five feet (25') in length that is being used temporarily for commercial
21	fishing; the annual fee for a plate shall be fifteen dollars ($15.00).
22	(ii4) Gear endorsements and fees.
23	(A) Shellfish dredging endorsement. A resident of this state who holds a multipurpose license
24	and/or an appropriate shellfish license is also eligible to apply for a shellfish dredging
25	endorsement to take quahogs, mussels, and surf clams by dredges hauled by powerboat. The
26	annual fee shall be twenty dollars ($20.00).
27	(B) Fish trap endorsements. A person who holds a multi-purpose license and/or a principal-
28	effort license for finfish is also eligible to apply for a fish trap endorsement in accordance with
29	the permitting provisions in chapter 5 of this title. The fee shall be twenty dollars ($20.00) per
30	trap location for a three-year (3) period. Applicants who possessed a valid fish trap endorsement
31	as of the immediately preceding year may obtain a fish trap endorsement for the immediately
32	following year, subject to the same terms and conditions in effect as the immediately preceding
33	year. New fish trap endorsement opportunities shall be established by the department by rule,
34	pursuant to applicable management plans and the provisions in chapter 5 of this title.
	LC003746 - Page 138 of 621
1	(Ci) Gill net endorsements. A person who holds a multipurpose license, or a vessel with a
2	multipurpose vessel license, and/or a principal effort license for finfish is also eligible to apply for
3	a commercial gill net endorsement in accordance with the provisions of this section. The annual
4	fee for a commercial gill net endorsement is shall be twenty dollars ($20.00). Applicants who
5	possessed a gill net endorsement as of the immediately preceding year may obtain a gill net
6	endorsement for the immediately following year. New gill net endorsement opportunities shall be
7	established by the department by rule, pursuant to applicable management plans.
8	(Dii) Miscellaneous gear Other endorsements. The department may establish by rule any
9	specific gear endorsements that may be necessary or appropriate to effectuate the purposes of this
10	chapter and facilitate participation in a specific fishery with a specific type of gear; the fee for
11	such a gear endorsement shall not be greater than two hundred dollars ($200), but may be a lesser
12	amount. This endorsement shall be issued only in a manner consistent with the general
13	requirements of this chapter, including specifically those governing residency.
14	(35) New licenses.
15	(i) Eligibility. For new principal-effort standard resident commercial fishing and multi-
16	purpose licenses, priority shall be given to applicants who have held a lower level of commercial
17	fishing license for two (2) years or more, applicants with military service, and applicants who
18	have completed a department authorized commercial fishing training program, with preference to
19	family members and crew members of a license holder who is retiring his or her license.
20	(ii) Priority or preference applicants. A new license shall be granted to priority/preference
21	applicants who have acquired vessel and/or gear from a license holder who has retired a license,
22	provided, that as the result of any such transaction, for each license retired, not more than one
23	new license may be granted, nor may the nominal effort, including the total number of licenses, in
24	a fishery subject to effort controls or catch restrictions be increased.
25	(iii) Availability of new or additional licenses. New principal-effort standard resident
26	commercial fishing and multipurpose licenses that increase the total number of licenses in the
27	fishery may be made available by rule consistent with management plan for issuance effective
28	January 1, in any year, based on status of resource and economic condition of fishery. Priority for
29	new licenses shall be given to Rhode Island residents.
30	(46) Retirement of licenses. Issuance of a commercial fishing license shall not be deemed to
31	create a property right such that the license can be sold or transferred by the license holder;
32	fishing licenses shall be surrendered to the state upon their non-renewal, forfeiture, or revocation.
33	(57) Transfer for Issuance of temporary operator permits in cases of medical
34	hardship. Notwithstanding the provisions of § 20-2.1-4(c), a license may be transferred to a
	LC003746 - Page 139 of 621
1	family member upon the incapacity or death of the license holder who has actively participated in
2	commercial fishing. The transfer shall be effective upon its registration with the department. A
3	family member shall be defined as the spouse, mother, father, brother, sister, child, or grandchild
4	of the transferor. The department shall make available, as necessary, temporary operator permits
5	to provide solely for the continued operation of a fishing vessel upon the illness, incapacity, or
6	death determination of medical hardship of a license holder who has actively participated in
7	commercial fishing fished. , which Temporary operator permits shall be subject at a minimum to
8	the conditions and restrictions that applied to the license holder.
9	(8) Issuance of new Licenses to family members in cases of medical incapacity: Upon
10	determination of medical incapacity, an actively fished license may be surrendered to the
11	Department for the purpose of the concurrent issuance of a new license to a resident family
12	member.
13	(9) Issuance of new licenses upon the sale of a commercial fishing business: Upon the sale of
14	a commercial fishing business, as defined by rule, a new license may be issued to the buyer upon
15	the surrender of the seller’s license to the department for the purpose of the concurrent issuance
16	of a new license.
17	(610) Transfer of vessels and gear. Vessels and gear may be sold, transferred, or disposed at
18	the sole discretion of the owner; provided, however, that the subsequent level of use of the gear
19	may be restricted in Rhode Island waters in order to accomplish the purposes of a duly adopted
20	management plan or other duly adopted program to reduce effort.
21	20-2.1-6. Nonresident licenses, endorsements and fees.
22	Subject to the rules of the department, nonresidents may apply for the following commercial
23	fishing licenses:
24	(1) Nonresident principal effort Standard nonresident commercial fishing license.
25	(i) Nonresidents age eighteen (18) and over shall be eligible to obtain a standard nonresident
26	commercial fishing license and, in accordance with applicable qualifying criteria, available
27	fishery sector endorsements, provided that the state of residence of the person affords the same
28	privilege in a manner that is not more restrictive to Rhode Island residents. A standard
29	nonresident principal effort commercial fishing license shall allow the license holder to harvest,
30	land, and sell in a lawful manner any marine species of finfish, per as dictated by the fishery
31	endorsement(s), at principal harvest and gear levels and as allowed in a management plan adopted
32	by the department associated with the license. Fishery endorsements shall be established by the
33	department consistent with fishery management plans developed pursuant to this chapter.
	LC003746 - Page 140 of 621
1	(ii) Duly Rhode Island-licensed nonresidents in a commercial fishery as of December 31 of
2	the immediately preceding year shall be eligible to obtain a standard nonresident principal effort
3	commercial fishing license with a single sector endorsement applicable to the fishery sectors for
4	which they were licensed as of December 31 of the immediately preceding year; provided:
5	(A) that the state of residence of the person affords the same privilege in a manner that is not
6	more restrictive to Rhode Island residents;
7	(B) that those persons apply for the standard nonresident principal effort commercial fishing
8	license in accordance with § 20-2.1-4(g); and
9	(C) that those persons shall also be subject to any other restrictions that were applicable to the
10	license as of December 31 of the immediately preceding year, which other restrictions may be
11	altered or changed consistent with a fishery management plans adopted by the department
12	developed pursuant to this chapter.
13	(iii) Persons not duly licensed as of December 31 of the immediately preceding year shall be
14	eligible to obtain a standard nonresident principal effort commercial fishing license, per
15	endorsement, when available, consistent with fishery management plans developed pursuant to
16	this chapter, in accordance with applicable qualifying criteria and as allowed in a management
17	plan adopted by the department, provided that the state of residence of the person affords the
18	same privilege in a manner that is not more restrictive to Rhode Island residents.
19	(iv) The annual fee for a standard nonresident principal effort license shall be four hundred
20	dollars ($400), plus one hundred dollars ($100) per endorsement.
21	(2) Nonresident commercial fishing license. (i) A nonresident commercial fishing license
22	shall allow the holder to harvest, land, and sell in a lawful manner any species of finfish, per
23	endorsement(s), at basic harvest and gear levels and as allowed in a management plans adopted
24	by the department.
25	(ii) Nonresidents age eighteen (18) and over shall be eligible to obtain a nonresident
26	commercial fishing license and, in accordance with applicable qualifying criteria, available
27	fishery sector endorsements, provided that the state of residence of the person affords the same
28	privilege in a manner that is not more restrictive to Rhode Island residents.
29	(iii) Holders of nonresident principal effort licenses shall not be eligible to obtain nonresident
30	commercial fishing licenses with the same fishery sector endorsements.
31	(iv) Duly Rhode Island licensed nonresidents in a commercial fishery as of December 31 of
32	the immediately preceding year, shall be eligible to obtain a nonresident commercial fishing
33	license in their endorsed fishery sector as of December 31 of the immediately preceding year
34	provided:
	LC003746 - Page 141 of 621
1	(A) That the state of residence of the person affords the same privilege in a manner that is not
2	more restrictive to Rhode Island residents;
3	(B) That those persons apply for the nonresident commercial fishing license in accordance
4	with § 20-2.1-4(g); and
5	(C) That those persons shall also be subject to any other restrictions that were applicable to
6	the license as of December 31 of the immediately preceding year which other restrictions may be
7	altered or changed consistent with a management plan adopted by the department.
8	(v) The annual fee for a nonresident commercial fishing license shall be one hundred fifty
9	dollars ($150), plus fifty dollars ($50.00) per endorsement.
10	(2) Fees.
11	(i) Standard nonresident commercial fishing license.
12	(A) Standard nonresident commercial fishing license plus one limited fishery endorsement:
13	The fee shall be three hundred fifty dollars ($350).
14	(B) Standard nonresident commercial fishing license plus one unlimited fishery endorsement:
15	The fee shall be seven hundred dollars ($700).
16	(C) Standard nonresident commercial fishing license plus two limited fishery endorsements:
17	The fee shall be seven hundred dollars ($700).
18	(D) Standard nonresident commercial fishing license plus three limited fishery endorsements:
19	The fee shall be one thousand fifty dollars ($1050).
20	(E) Standard nonresident commercial fishing license plus one unlimited fishery endorsement
21	and one limited fishery endorsement: The fee shall be one thousand fifty dollars ($1050).
22	(F) Standard nonresident commercial fishing license plus one unlimited fishery endorsement
23	and two limited fishery endorsements: The fee shall be one thousand four hundred dollars
24	($1400).
25	(G) Standard nonresident commercial fishing license plus two unlimited fishery
26	endorsements: The fee shall be one thousand four hundred dollars ($1400).
27	(H) Standard nonresident commercial fishing license plus two unlimited and one limited
28	fishery endorsement: The fee shall be one thousand seven hundred fifty dollars ($1750).
29	(3) Vessel declaration and fees. The department shall require a nonresident owner and/or
30	operator of a commercial fishing vessel to make a declaration for that vessel; which shall be made
31	at the time of initial license issuance and each renewal, or prior to the vessel's being used for
32	commercial fishing in Rhode Island waters by the nonresident owner and/or operator if the first
33	usage of the vessel for commercial fishing occurs during the course of a year after the license has
	LC003746 - Page 142 of 621
1	been issued or renewed, for a cost of fifty dollars ($50.00), plus one dollar and fifty cents ($1.50)
2	for each whole foot over twenty-five feet (25') in length overall.
3	(4) New licenses. Any resident of a state that accords to Rhode Island residents commercial
4	fishing privileges that include an ability to obtain a new license to fish for finfish species that are
5	subject to restrictions and/or quotas, may on species specific reciprocal basis be eligible to obtain
6	commercial fishing licenses and principal effort standard nonresident commercial fishing licenses
7	by endorsement as provided in this section, subject to availability and with the priority
8	established in § 20-2.1-5(3)(iii).
9	SECTION 6. Sections 20-4-1.1, 20-4-1.2 and 20-4-1.3 of the General Laws in Chapter 20-4
10	entitled "Commercial Fisheries" are hereby repealed.
11	20-4-1.1. Finfish dealers license – License for finfish buyers – Suspension or revocation.
12	(a) No person, partnership, firm, association, or corporation shall barter or trade in finfish
13	taken by persons licensed under this chapter unless a license so to do has been obtained from the
14	director of environmental management.
15	(b) Any licensee operating under the provisions of this section shall purchase finfish from
16	licensed persons only and shall purchase or possess only those finfish legally taken or possessed.
17	(c) The director shall issue and enforce rules and regulations and orders governing bartering
18	and trading in finfish by licensed fishers of finfish and licensed finfish buyers and other persons,
19	partnerships, firms, associations, or corporations.
20	(d) The director may suspend, revoke, or deny the license of a finfish buyer or fisher of
21	finfish for the violation of any provision of this title or the rules, regulations, or orders adopted or
22	issued pursuant to this title.
23	(e) Any person aggrieved by the decisions of the director may appeal the decision pursuant to
24	the provisions of the Administrative Procedures Act, chapter 35 of title 42.
25	(f) The director of the department of environmental management and the director's agents are
26	authorized to enter and inspect the business premises, appurtenant structures, vehicles, or vessels
27	of any finfish buyer and to inspect the records maintained by a finfish buyer for the purpose of
28	determining compliance with the provisions of this section and any rules, regulations, or orders
29	issued under this section, and no person shall interfere with, obstruct the entrance, or inspection
30	of the director or the director's agents of those business premises, appurtenant structures, vehicles
31	or vessels.
32	(g) Any violation of the provisions of this section or any rule, regulation, or order adopted
33	under this section shall be subject to penalties prescribed in § 20-1-16.
34	20-4-1.2. Resident or nonresident commercial landing permit.
	LC003746 - Page 143 of 621
1	(a) Each resident or nonresident who has charge of a vessel carrying seafood products legally
2	harvested outside Rhode Island waters shall obtain a permit to land, sell or offer for sale seafood
3	products in Rhode Island. The permit shall be issued by the department upon proof that the
4	applicant holds a valid state or federal commercial fishing license and upon payment of the
5	following fees:
6	(1) Resident or nonresident finfish landing permit: for the landing sale or offering for sale of
7	non-restricted finfish, the definition of which shall be established by the department by rule,
8	caught by any means, two hundred dollars ($200) for residents of the state; four hundred dollars
9	($400) for nonresidents of the state.
10	(2) Resident or nonresident shellfish landing permit: (includes process product), two hundred
11	dollars ($200) for residents of the state; four hundred dollars ($400) for nonresidents of the state.
12	This permit allows the holder to land shellfish (surf clams, blue mussels, ocean quahaugs, sea
13	scallops) legally harvested in federal water.
14	(3) Resident or nonresident miscellaneous landing permit: includes all other seafood products
15	not specified under any other provision of this chapter, two hundred dollars ($200) for residents
16	of the state; four hundred dollars ($400) for nonresidents of the state.
17	(4) Multi-purpose resident or nonresident landing permit: This permit allows a resident or
18	nonresident to land and sell all marine products in the state of Rhode Island, except restricted
19	finfish, the definition of which shall be established by the department by rule, three hundred
20	dollars ($300) for residents of the state; six hundred dollars ($600) for nonresidents of the state.
21	(b) Landing permits shall be valid for the calendar year in which they are issued.
22	(c) The department shall adopt any rules and procedures that may be necessary for the timely
23	issuance of these permits in order to facilitate the off-loading and sale of seafood products, except
24	restricted finfish, harvested outside Rhode Island waters.
25	(d) Notwithstanding the provisions of this section, a commercial vessel with seafood products
26	on board may, without a landing permit, enter Rhode Island waters and be secured to a shoreside
27	facility for purposes other than landing, selling, or offering for sale the seafood products on board
28	if the person having charge of the vessel obtains permission from the department's division of law
29	enforcement prior to securing the vessel to the shoreside facility.
30	20-4-1.3. Nonresident landing permits.
31	A new landing permit shall not be issued to any nonresident to off-load, land, offer for sale,
32	or sell any restricted marine species, the definition of which shall be established by the
33	department by rule and shall take into account species for which a quota has been allocated to the
34	state of Rhode Island by the Atlantic States Marine Fisheries Council or the National Marine
	LC003746 - Page 144 of 621
1	Fisheries service, unless: (1) the landing shall be counted against the quota of the state where the
2	vessel making the landing is registered or documented; or (2) the state where the vessel making
3	the landing is registered or documented issues new landing permits to Rhode Island residents to
4	land against that state's quota for the same species. For purposes of this section, the renewal of
5	any nonresident landing permit shall be considered a new nonresident landing permit unless the
6	applicant can show, to the satisfaction of the director, historic participation in the fishery and
7	landings of the species; and any change or upgrade of a vessel twenty percent (20%) or greater in
8	length, displacement, or horsepower above the named vessel shall be considered a new landing
9	permit. Issuance of a landing permit shall not be deemed to create a property right that can be
10	sold, transferred, or encumbered; landing permits shall be surrendered to the state upon their non-
11	renewal or forfeiture, and the acquisition of a named vessel by a nonresident who does not
12	already have a landing permit shall not entitle the nonresident to a landing permit unless a new
13	landing permit can be issued as allowed in this section.
14	SECTION 7. Section 20-6-24 of the General Laws in Chapter 20-6 entitled "Shellfish" is
15	hereby repealed.
16	20-6-24. License for shellfish buyers – Suspension or revocation.
17	(a) No person, partnership, firm, association, or corporation shall barter or trade in shellfish
18	taken by persons licensed under this chapter unless a license so to do has been obtained from the
19	director of environmental management.
20	(b) Any licensee operating under the provisions of this section shall purchase shellfish from
21	licensed persons only and shall purchase or possess only those shellfish legally taken or
22	possessed.
23	(c) The director shall issue and enforce rules and regulations and orders governing bartering
24	and trading in shellfish by licensed fishers of shellfish, licensed shellfish buyers and other
25	persons, partnerships, firms, associations, or corporations.
26	(d) The director may suspend, revoke, or deny the license of a shellfish buyer or fisher of
27	shellfish for the violation of any provision of this title or the rules, regulations, or orders adopted
28	or issued pursuant to this title.
29	(e) Any person aggrieved by the decision of the director may appeal the decision pursuant to
30	the provisions of the Administrative Procedures Act, chapter 35 of title 42.
31	(f) The director of the department of environmental management and the director's agents are
32	authorized to enter and inspect the business premises, appurtenant structures, vehicles, or vessels
33	of any shellfish buyer and to inspect records maintained by a shellfish buyer for the purpose of
34	determining compliance with the provisions of this section and any rules, regulations, or orders
	LC003746 - Page 145 of 621
1	issued under this section, and no person shall interfere with or obstruct the entrance or inspection
2	of the director or the director's agents of those business premises, appurtenant structures, vehicles,
3	or vessels.
4	(g) Any violation of the provisions of this section or any rule, regulation, or order adopted
5	under this section shall be subject to the penalties prescribed in § 20-1-16.
6	SECTION 8. Section 20-7-5.1 of the General Laws in Chapter 20-7 entitled "Lobsters and
7	Other Crustaceans" is hereby repealed.
8	20-7-5.1. Lobster dealer's license.
9	(a) No person, partnership, firm, association, or corporation shall barter or trade in lobsters
10	taken by persons licensed under this chapter unless a license so to do has been obtained from the
11	director of environmental management.
12	(b) Any licensee operating under the provisions of this section shall purchase lobsters from
13	licensed persons only and shall purchase or possess only those lobsters legally taken or possessed.
14	(c) The director shall issue and enforce rules and regulations and orders governing bartering
15	and trading in lobsters by licensed fishers of lobster and licensed lobster buyers and other
16	persons, partnerships, firms, associations, or corporations.
17	(d) The director may suspend, revoke, or deny the license of a lobster buyer or fisher of
18	lobster for the violation of any provision of this title or the rules, regulations, or orders adopted or
19	issued pursuant to this title.
20	(e) Any person aggrieved by the decision of the director may appeal the decision pursuant to
21	the provision of the Administrative Procedures Act, chapter 35 of title 42.
22	(f) The director of the department of environmental management and the director's agents are
23	authorized to enter and inspect the business premises, appurtenant structures, vehicles or vessels
24	of any lobster buyer and to inspect records maintained by a lobster buyer for the purposes of
25	determining compliance with the provisions of this section and any rules, regulations, or orders
26	issued under this section, and no person shall interfere with or obstruct the entrance or inspection
27	of the director or the director's her agents of those business premises, appurtenant structures,
28	vehicles or vessels.
29	(g) Any violation of the provisions of this section or any rule, regulation or order adopted
30	hereunder shall be subject to the penalties prescribed in § 20-1-16.
31	SECTION 9. Section 21-14-12 of the General Laws in Chapter 21-14 entitled “Shellfish
32	Packing Houses” is hereby amended to read as follows:
33	21-14-12. Inspection of business premises.
	LC003746 - Page 146 of 621
1	(a) The director shall make regular inspections of the business premises of licensees and no
2	person shall interfere with or obstruct the entrance of the director to any packing house or
3	structural appurtenance to it, vessel, or vehicle for the purpose of making inspection as to sanitary
4	conditions during reasonable business hours, and no person shall obstruct the conduct of this
5	inspection; provided, that inspections as to sanitary conditions shall be made only by the director
6	or employees of the department of health. These employees of the department of health shall not
7	be construed to include agents whom the director may appoint in other departments for the
8	purpose of enforcing other provisions of this chapter; and provided, that nothing in this section
9	shall be construed as having granted to the director or any duly authorized official of the
10	department the right of search and seizure without a warrant.
11	(b) The director shall be authorized to establish a dockside program, including the
12	promulgation of any rules and regulations deemed necessary or advisable in connection
13	therewith, pursuant to the relevant provisions of the National Shellfish Sanitation Program
14	(NSSP) Model Ordinance. Promulgating such rules and regulations pursuant to the NSSP Model
15	Ordinance shall assure that the marine shellfish processers, licensed by the department to land
16	and process surf clams and/or other marine shellfish species acquired in federal waters, are doing
17	so in sanitary fashion that comports with national standards. Such rules and regulations shall also
18	be consistent with the landing permit requirements of the department of environmental
19	management in section 20-2.1-7. The dockside program shall not apply to aquaculture processers.
20	(c) The licensing fees from the dockside program shall be deposited into the general fund,
21	and the revenues shall be allocated to the department for its administration. The director shall
22	have the authority to establish the licensing fees for the dockside program, at his or her sole
23	discretion and limit the number of licenses issued.
24	SECTION 10. Section 42-17.1-2 of the General Laws in Chapter 42-17.1 entitled
25	"Department of Environmental Management” is hereby amended to read as follows:
26	42-17.1-2. Powers and duties.
27	The director of environmental management shall have the following powers and duties:
28	(1) To supervise and control the protection, development, planning, and utilization of the
29	natural resources of the state, such resources, including, but not limited to: water, plants, trees,
30	soil, clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish,
31	shellfish, and other forms of aquatic, insect, and animal life;
32	(2) To exercise all functions, powers, and duties heretofore vested in the department of
33	agriculture and conservation, and in each of the divisions of the department, such as the
34	promotion of agriculture and animal husbandry in their several branches, including the inspection
	LC003746 - Page 147 of 621
1	and suppression of contagious diseases among animals; the regulation of the marketing of farm
2	products; the inspection of orchards and nurseries; the protection of trees and shrubs from
3	injurious insects and diseases; protection from forest fires; the inspection of apiaries and the
4	suppression of contagious diseases among bees; the prevention of the sale of adulterated or
5	misbranded agricultural seeds; promotion and encouragement of the work of farm bureaus, in
6	cooperation with the University of Rhode Island, farmers' institutes, and the various organizations
7	established for the purpose of developing an interest in agriculture; together with such other
8	agencies and activities as the governor and the general assembly may, from time to time, place
9	under the control of the department; and as heretofore vested by such of the following chapters
10	and sections of the general laws as are presently applicable to the department of environmental
11	management and that were previously applicable to the department of natural resources and the
12	department of agriculture and conservation or to any of its divisions: chapters 1 through 22,
13	inclusive, as amended, in title 2 entitled "Agriculture and Forestry"; chapters 1 through 17,
14	inclusive, as amended, in title 4 entitled "Animals and Animal Husbandry"; chapters 1 through
15	19, inclusive, as amended, in title 20 entitled "Fish and Wildlife"; chapters 1 through 32,
16	inclusive, as amended, in title 21 entitled "Food and Drugs"; chapter 7 of title 23, as amended,
17	entitled "Mosquito Abatement"; and by any other general or public law relating to the department
18	of agriculture and conservation or to any of its divisions or bureaus;
19	(3) To exercise all the functions, powers, and duties heretofore vested in the division of parks
20	and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled "Parks
21	and Recreational Areas"; by chapter 22.5 of title 23, as amended, entitled "Drowning Prevention
22	and Lifesaving"; and by any other general or public law relating to the division of parks and
23	recreation;
24	(4) To exercise all the functions, powers, and duties heretofore vested in the division of
25	harbors and rivers of the department of public works, or in the department itself by such as were
26	previously applicable to the division or the department, of chapters 1 through 22 and sections
27	thereof, as amended, in title 46 entitled "Waters and Navigation"; and by any other general or
28	public law relating to the division of harbors and rivers;
29	(5) To exercise all the functions, powers, and duties heretofore vested in the department of
30	health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled "Health and Safety"; and by
31	chapters 12 and 16 of title 46, as amended, entitled "Waters and Navigation"; by chapters 3, 4, 5,
32	6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled "Animals and Animal Husbandry"; and
33	those functions, powers, and duties specifically vested in the director of environmental
34	management by the provisions of § 21-2-22, as amended, entitled "Inspection of Animals and
	LC003746 - Page 148 of 621
1	Milk"; together with other powers and duties of the director of the department of health as are
2	incidental to, or necessary for, the performance of the functions transferred by this section;
3	(6) To cooperate with the Rhode Island commerce corporation in its planning and
4	promotional functions, particularly in regard to those resources relating to agriculture, fisheries,
5	and recreation;
6	(7) To cooperate with, advise, and guide conservation commissions of cities and towns
7	created under chapter 35 of title 45 entitled "Conservation Commissions", as enacted by chapter
8	203 of the Public Laws, 1960;
9	(8) To assign or reassign, with the approval of the governor, any functions, duties, or powers
10	established by this chapter to any agency within the department, except as hereinafter limited;
11	(9) To cooperate with the water resources board and to provide to the board facilities,
12	administrative support, staff services, and other services as the board shall reasonably require for
13	its operation and, in cooperation with the board and the statewide planning program, to formulate
14	and maintain a long-range guide plan and implementing program for development of major
15	water-sources transmission systems needed to furnish water to regional- and local-distribution
16	systems;
17	(10) To cooperate with the solid waste management corporation and to provide to the
18	corporation such facilities, administrative support, staff services, and other services within the
19	department as the corporation shall reasonably require for its operation;
20	(11) To provide for the maintenance of waterways and boating facilities, consistent with
21	chapter 6.1 of title 46, by: (i) Establishing minimum standards for upland beneficial use and
22	disposal of dredged material; (ii) Promulgating and enforcing rules for water quality, ground
23	water protection, and fish and wildlife protection pursuant to § 42-17.1-24; (iii) Planning for the
24	upland beneficial use and/or disposal of dredged material in areas not under the jurisdiction of the
25	council pursuant to § 46-23-6(2); and (iv) Cooperating with the coastal resources management
26	council in the development and implementation of comprehensive programs for dredging as
27	provided for in §§ 46-23-6(1)(ii)(H) and 46-23-18.3; and (v) Monitoring dredge material
28	management and disposal sites in accordance with the protocols established pursuant to § 46-6.1-
29	5(a)(3) and the comprehensive program provided for in § 46-23-6(1)(ii)(H); no powers or duties
30	granted herein shall be construed to abrogate the powers or duties granted to the coastal resources
31	management council under chapter 23 of title 46, as amended;
32	(12) To establish minimum standards, subject to the approval of the environmental standards
33	board, relating to the location, design, construction, and maintenance of all sewage-disposal
34	systems;
	LC003746 - Page 149 of 621
1	(13) To enforce, by such means as provided by law, the standards for the quality of air, and
2	water, and the design, construction, and operation of all sewage-disposal systems; any order or
3	notice issued by the director relating to the location, design, construction, or maintenance of a
4	sewage-disposal system shall be eligible for recordation under chapter 13 of title 34. The director
5	shall forward the order or notice to the city or town wherein the subject property is located and
6	the order or notice shall be recorded in the general index by the appropriate municipal official in
7	the land evidence records in the city or town wherein the subject property is located. Any
8	subsequent transferee of that property shall be responsible for complying with the requirements of
9	the order or notice. Upon satisfactory completion of the requirements of the order or notice, the
10	director shall provide written notice of the same, which notice shall be similarly eligible for
11	recordation. The original written notice shall be forwarded to the city or town wherein the subject
12	property is located and the notice of satisfactory completion shall be recorded in the general index
13	by the appropriate municipal official in the land evidence records in the city or town wherein the
14	subject property is located. A copy of the written notice shall be forwarded to the owner of the
15	subject property within five (5) days of a request for it, and, in any event, shall be forwarded to
16	the owner of the subject property within thirty (30) days after correction;
17	(14) To establish minimum standards for the establishment and maintenance of salutary
18	environmental conditions, including standards and methods for the assessment and the
19	consideration of the cumulative effects on the environment of regulatory actions and decisions,
20	which standards for consideration of cumulative effects shall provide for: (i) Evaluation of
21	potential cumulative effects that could adversely affect public health and/or impair ecological
22	functioning; (ii) Analysis of other matters relative to cumulative effects as the department may
23	deem appropriate in fulfilling its duties, functions, and powers; which standards and methods
24	shall only be applicable to ISDS systems in the town of Jamestown in areas that are dependent for
25	water supply on private and public wells, unless broader use is approved by the general assembly.
26	The department shall report to the general assembly not later than March 15, 2008, with regard to
27	the development and application of the standards and methods in Jamestown;
28	(15) To establish and enforce minimum standards for permissible types of septage, industrial-
29	waste disposal sites, and waste-oil disposal sites;
30	(16) To establish minimum standards, subject to the approval of the environmental standards
31	board, for permissible types of refuse disposal facilities; the design, construction, operation, and
32	maintenance of disposal facilities; and the location of various types of facilities;
33	(17) To exercise all functions, powers, and duties necessary for the administration of chapter
34	19.1 of title 23 entitled "Rhode Island Hazardous Waste Management Act";
	LC003746 - Page 150 of 621
1	(18) To designate, in writing, any person in any department of the state government or any
2	official of a district, county, city, town, or other governmental unit, with that official's consent, to
3	enforce any rule, regulation, or order promulgated and adopted by the director under any
4	provision of law; provided, however, that enforcement of powers of the coastal resources
5	management council shall be assigned only to employees of the department of environmental
6	management, except by mutual agreement or as otherwise provided in chapter 23 of title 46;
7	(19) To issue and enforce the rules, regulations, and orders as may be necessary to carry out
8	the duties assigned to the director and the department by any provision of law; and to conduct
9	investigations and hearings and to issue, suspend, and revoke licenses as may be necessary to
10	enforce those rules, regulations, and orders. Any license suspended under the rules, regulations,
11	and/or orders shall be terminated and revoked if the conditions that led to the suspension are not
12	corrected to the satisfaction of the director within two (2) years; provided that written notice is
13	given by certified mail, return receipt requested, no less than sixty (60) days prior to the date of
14	termination.
15	Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a
16	contested licensing matter shall occur where resolution substantially deviates from the original
17	application unless all interested parties shall be notified of the proposed resolution and provided
18	with opportunity to comment upon the resolution pursuant to applicable law and any rules and
19	regulations established by the director;
20	(20) To enter, examine, or survey, at any reasonable time, places as the director deems
21	necessary to carry out his or her responsibilities under any provision of law subject to the
22	following provisions:
23	(i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a
24	search warrant from an official of a court authorized to issue warrants, unless a search without a
25	warrant is otherwise allowed or provided by law;
26	(ii)(A) All administrative inspections shall be conducted pursuant to administrative guidelines
27	promulgated by the department in accordance with chapter 35 of title 42;
28	(B) A warrant shall not be required for administrative inspections if conducted under the
29	following circumstances, in accordance with the applicable constitutional standards:
30	(I) For closely regulated industries;
31	(II) In situations involving open fields or conditions that are in plain view;
32	(III) In emergency situations;
33	(IV) In situations presenting an imminent threat to the environment or public health, safety,
34	or welfare;
	LC003746 - Page 151 of 621
1	(V) If the owner, operator, or agent in charge of the facility, property, site, or location
2	consents; or
3	(VI) In other situations in which a warrant is not constitutionally required.
4	(C) Whenever it shall be constitutionally or otherwise required by law, or whenever the
5	director in his or her discretion deems it advisable, an administrative search warrant, or its
6	functional equivalent, may be obtained by the director from a neutral magistrate for the purpose
7	of conducting an administrative inspection. The warrant shall be issued in accordance with the
8	applicable constitutional standards for the issuance of administrative search warrants. The
9	administrative standard of probable cause, not the criminal standard of probable cause, shall
10	apply to applications for administrative search warrants;
11	(I) The need for, or reliance upon, an administrative warrant shall not be construed as
12	requiring the department to forfeit the element of surprise in its inspection efforts;
13	(II) An administrative warrant issued pursuant to this subsection must be executed and
14	returned within ten (10) days of its issuance date unless, upon a showing of need for additional
15	time, the court orders otherwise;
16	(III) An administrative warrant may authorize the review and copying of documents that are
17	relevant to the purpose of the inspection. If documents must be seized for the purpose of copying,
18	and the warrant authorizes the seizure, the person executing the warrant shall prepare an
19	inventory of the documents taken. The time, place, and manner regarding the making of the
20	inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of
21	the inventory shall be delivered to the person from whose possession or facility the documents
22	were taken. The seized documents shall be copied as soon as feasible under circumstances
23	preserving their authenticity, then returned to the person from whose possession or facility the
24	documents were taken;
25	(IV) An administrative warrant may authorize the taking of samples of air, water, or soil or of
26	materials generated, stored, or treated at the facility, property, site, or location. Upon request, the
27	department shall make split samples available to the person whose facility, property, site, or
28	location is being inspected;
29	(V) Service of an administrative warrant may be required only to the extent provided for in
30	the terms of the warrant itself, by the issuing court
31	(D) Penalties. Any willful and unjustified refusal of right of entry and inspection to
32	department personnel pursuant to an administrative warrant shall constitute a contempt of court
33	and shall subject the refusing party to sanctions, which in the court's discretion may result in up to
	LC003746 - Page 152 of 621
1	six (6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per
2	refusal.
3	(21) To give notice of an alleged violation of law to the person responsible therefor whenever
4	the director determines that there are reasonable grounds to believe that there is a violation of any
5	provision of law within his or her jurisdiction or of any rule or regulation adopted pursuant to
6	authority granted to him or her, unless other notice and hearing procedure is specifically provided
7	by that law. Nothing in this chapter shall limit the authority of the attorney general to prosecute
8	offenders as required by law;
9	(i) The notice shall provide for a time within which the alleged violation shall be remedied,
10	and shall inform the person to whom it is directed that a written request for a hearing on the
11	alleged violation may be filed with the director within ten (10) days after service of the notice.
12	The notice will be deemed properly served upon a person if a copy thereof is served him or her
13	personally; or sent by registered or certified mail to his or her last known address; or if he or she
14	is served with notice by any other method of service now or hereafter authorized in a civil action
15	under the laws of this state. If no written request for a hearing is made to the director within ten
16	(10) days of the service of notice, the notice shall automatically become a compliance order;
17	(ii)(A) Whenever the director determines that there exists a violation of any law, rule, or
18	regulation within his or her jurisdiction that requires immediate action to protect the environment,
19	he or she may, without prior notice of violation or hearing, issue an immediate-compliance order
20	stating the existence of the violation and the action he or she deems necessary. The compliance
21	order shall become effective immediately upon service or within such time as is specified by the
22	director in such order. No request for a hearing on an immediate-compliance order may be made;
23	(B) Any immediate-compliance order issued under this section without notice and prior
24	hearing shall be effective for no longer than forty-five (45) days; provided, however, that for
25	good cause shown, the order may be extended one additional period not exceeding forty-five (45)
26	days.
27	(iii) The director may, at his or her discretion and for the purposes of timely and effective
28	resolution and return to compliance, cite a person for alleged noncompliance through the issuance
29	of an expedited citation in accordance with § 42-17.6-3(c);
30	(iv) If a person upon whom a notice of violation has been served under the provisions of this
31	section or if a person aggrieved by any such notice of violation requests a hearing before the
32	director within ten (10) days of the service of notice of violation, the director shall set a time and
33	place for the hearing, and shall give the person requesting that hearing at least five (5) days
34	written notice thereof. After the hearing, the director may make findings of fact and shall sustain,
	LC003746 - Page 153 of 621
1	modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that
2	decision shall be deemed a compliance order and shall be served upon the person responsible in
3	any manner provided for the service of the notice in this section;
4	(v) The compliance order shall state a time within which the violation shall be remedied, and
5	the original time specified in the notice of violation shall be extended to the time set in the order;
6	(vi) Whenever a compliance order has become effective, whether automatically where no
7	hearing has been requested, where an immediate compliance order has been issued, or upon
8	decision following a hearing, the director may institute injunction proceedings in the superior
9	court of the state for enforcement of the compliance order and for appropriate temporary relief,
10	and in that proceeding, the correctness of a compliance order shall be presumed and the person
11	attacking the order shall bear the burden of proving error in the compliance order, except that the
12	director shall bear the burden of proving in the proceeding the correctness of an immediate
13	compliance order. The remedy provided for in this section shall be cumulative and not exclusive
14	and shall be in addition to remedies relating to the removal or abatement of nuisances or any
15	other remedies provided by law;
16	(vii) Any party aggrieved by a final judgment of the superior court may, within thirty (30)
17	days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to
18	review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the
19	petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of
20	certiorari.
21	(22) To impose administrative penalties in accordance with the provisions of chapter 17.6 of
22	this title and to direct that such penalties be paid into the account established by subdivision (26);
23	(23) The following definitions shall apply in the interpretation of the provisions of this
24	chapter:
25	(i) Director: The term "director" shall mean the director of environmental management of the
26	state of Rhode Island or his or her duly authorized agent;
27	(ii) Person: The term "person" shall include any individual, group of individuals, firm,
28	corporation, association, partnership, or private or public entity, including a district, county, city,
29	town, or other governmental unit or agent thereof, and in the case of a corporation, any individual
30	having active and general supervision of the properties of the corporation;
31	(iii) Service: (A) Service upon a corporation under this section shall be deemed to include
32	service upon both the corporation and upon the person having active and general supervision of
33	the properties of the corporation;
	LC003746 - Page 154 of 621
1	(B) For purposes of calculating the time within which a claim for a hearing is made pursuant
2	to subdivision (21)(i), service shall be deemed to be the date of receipt of such notice or three (3)
3	days from the date of mailing of the notice, whichever shall first occur.
4	(24)(i) To conduct surveys of the present private and public camping and other recreational
5	areas available and to determine the need for and location of other camping and recreational areas
6	as may be deemed necessary and in the public interest of the state of Rhode Island and to report
7	back its findings on an annual basis to the general assembly on or before March 1 of every year;
8	(ii) Additionally, the director of the department of environmental management shall take
9	additional steps, including, but not limited to, matters related to funding as may be necessary to
10	establish such other additional recreational facilities and areas as are deemed to be in the public
11	interest.
12	(25)(i) To apply for and accept grants and bequests of funds, with the approval of the director
13	of administration, from other states, interstate agencies, and independent authorities, and private
14	firms, individuals, and foundations, for the purpose of carrying out his or her lawful
15	responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt
16	account created in the natural resources program for funds made available for that program's
17	purposes or in a restricted receipt account created in the environmental protection program for
18	funds made available for that program's purposes. All expenditures from the accounts shall be
19	subject to appropriation by the general assembly, and shall be expended in accordance with the
20	provisions of the grant or bequest. In the event that a donation or bequest is unspecified, or in the
21	event that the trust account balance shows a surplus after the project as provided for in the grant
22	or bequest has been completed, the director may utilize the appropriated unspecified or
23	appropriated surplus funds for enhanced management of the department's forest and outdoor
24	public recreation areas, or other projects or programs that promote the accessibility of recreational
25	opportunities for Rhode Island residents and visitors;
26	(ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by
27	October 1 of each year, a detailed report on the amount of funds received and the uses made of
28	such funds.
29	(26) To establish fee schedules by regulation, with the approval of the governor, for the
30	processing of applications and the performing of related activities in connection with the
31	department's responsibilities pursuant to subsection (12); chapter 19.1 of title 23, as it relates to
32	inspections performed by the department to determine compliance with chapter 19.1 and rules
33	and regulations promulgated in accordance therewith; chapter 18.9 of title 23, as it relates to
34	inspections performed by the department to determine compliance with chapter 18.9 and the rules
	LC003746 - Page 155 of 621
1	and regulations promulgated in accordance therewith; chapters 19.5 and 23 of title 23; chapter 12
2	of title 46, insofar as it relates to water-quality certifications and related reviews performed
3	pursuant to provisions of the federal Clean Water Act, 33 U.S.C. § 1251 et seq.; the regulation
4	and administration of underground storage tanks and all other programs administered under
5	chapter 12 of title 46 and § 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46,
6	insofar as they relate to any reviews and related activities performed under the provisions of the
7	Groundwater Protection Act; chapter 24.9 of title 23 as it relates to the regulation and
8	administration of mercury-added products; and chapter 17.7 of this title, insofar as it relates to
9	administrative appeals of all enforcement, permitting and licensing matters to the administrative
10	adjudication division for environmental matters. Two (2) fee ranges shall be required: for
11	"Appeal of enforcement actions", a range of fifty dollars ($50) to one hundred dollars ($100), and
12	for "Appeal of application decisions", a range of five hundred dollars ($500) to ten thousand
13	dollars ($10,000). The monies from the administrative adjudication fees will be deposited as
14	general revenues and the amounts appropriated shall be used for the costs associated with
15	operating the administrative adjudication division.
16	There is hereby established an account within the general fund to be called the water and air
17	protection program. The account shall consist of sums appropriated for water and air pollution
18	control and waste-monitoring programs and the state controller is hereby authorized and directed
19	to draw his or her orders upon the general treasurer for the payment of the sums, or portions
20	thereof, as may be required, from time to time, upon receipt by him or her of properly
21	authenticated vouchers. All amounts collected under the authority of this subdivision for the
22	sewage-disposal-system program and freshwaters wetlands program will be deposited as general
23	revenues and the amounts appropriated shall be used for the purposes of administering and
24	operating the programs. The director shall submit to the house fiscal advisor and the senate fiscal
25	advisor by January 15 of each year a detailed report on the amount of funds obtained from fines
26	and fees and the uses made of the funds.
27	(27) To establish and maintain a list or inventory of areas within the state worthy of special
28	designation as "scenic" to include, but not be limited to, certain state roads or highways, scenic
29	vistas, and scenic areas, and to make the list available to the public;
30	(28) To establish and maintain an inventory of all interests in land held by public and private
31	land trust and to exercise all powers vested herein to ensure the preservation of all identified
32	lands;
33	(i) The director may promulgate and enforce rules and regulations to provide for the orderly
34	and consistent protection, management, continuity of ownership and purpose, and centralized
	LC003746 - Page 156 of 621
1	records-keeping for lands, water, and open spaces owned in fee or controlled in full or in part
2	through other interests, rights, or devices such as conservation easements or restrictions, by
3	private and public land trusts in Rhode Island. The director may charge a reasonable fee for filing
4	of each document submitted by a land trust;
5	(ii) The term "public land trust" means any public instrumentality created by a Rhode Island
6	municipality for the purposes stated herein and financed by means of public funds collected and
7	appropriated by the municipality. The term "private land trust" means any group of five (5) or
8	more private citizens of Rhode Island who shall incorporate under the laws of Rhode Island as a
9	nonbusiness corporation for the purposes stated herein, or a national organization such as the
10	nature conservancy. The main purpose of either a public or a private land trust shall be the
11	protection, acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other
12	natural features, areas, or open space for the purpose of managing or maintaining, or causing to
13	be managed or maintained by others, the land, water, and other natural amenities in any
14	undeveloped and relatively natural state in perpetuity. A private land trust must be granted
15	exemption from federal income tax under Internal Revenue Code 501(c)(3) [26 U.S.C. §
16	501(c)(3)] within two (2) years of its incorporation in Rhode Island or it may not continue to
17	function as a land trust in Rhode Island. A private land trust may not be incorporated for the
18	exclusive purpose of acquiring or accepting property or rights in property from a single
19	individual, family, corporation, business, partnership, or other entity. Membership in any private
20	land trust must be open to any individual subscribing to the purposes of the land trust and
21	agreeing to abide by its rules and regulations including payment of reasonable dues;
22	(iii)(A) Private land trusts will, in their articles of association or their bylaws, as appropriate,
23	provide for the transfer to an organization, created for the same or similar purposes, of the assets,
24	lands and land rights, and interests held by the land trust in the event of termination or dissolution
25	of the land trust.
26	(B) All land trusts, public and private, will record in the public records, of the appropriate
27	towns and cities in Rhode Island, all deeds, conservation easements, or restrictions or other
28	interests and rights acquired in land and will also file copies of all such documents and current
29	copies of their articles of association, their bylaws, and their annual reports with the secretary of
30	state and with the director of the Rhode Island department of environmental management. The
31	director is hereby directed to establish and maintain permanently a system for keeping records of
32	all private and public land trust land holdings in Rhode Island.
33	(29) The director will contact in writing, not less often than once every two (2) years, each
34	public or private land trust to ascertain: that all lands held by the land trust are recorded with the
	LC003746 - Page 157 of 621
1	director; the current status and condition of each land holding; that any funds or other assets of
2	the land trust held as endowment for specific lands have been properly audited at least once
3	within the two-year (2) period; the name of the successor organization named in the public or
4	private land trust's bylaws or articles of association; and any other information the director deems
5	essential to the proper and continuous protection and management of land and interests or rights
6	in land held by the land trust. In the event that the director determines that a public or private land
7	trust holding land or interest in land appears to have become inactive, he or she shall initiate
8	proceedings to effect the termination of the land trust and the transfer of its lands, assets, land
9	rights, and land interests to the successor organization named in the defaulting trust's bylaws or
10	articles of association or to another organization created for the same or similar purposes. Should
11	such a transfer not be possible, then the land trust, assets, and interest and rights in land will be
12	held in trust by the state of Rhode Island and managed by the director for the purposes stated at
13	the time of original acquisition by the trust. Any trust assets or interests other than land or rights
14	in land accruing to the state under such circumstances will be held and managed as a separate
15	fund for the benefit of the designated trust lands;
16	(30) Consistent with federal standards, issue and enforce such rules, regulations, and orders
17	as may be necessary to establish requirements for maintaining evidence of financial responsibility
18	for taking corrective action and compensating third parties for bodily injury and property damage
19	caused by sudden and non-sudden accidental releases arising from operating underground storage
20	tanks;
21	(31) To enforce, by such means as provided by law, the standards for the quality of air, and
22	water, and the location, design, construction, and operation of all underground storage facilities
23	used for storing petroleum products or hazardous materials; any order or notice issued by the
24	director relating to the location, design, construction, operation, or maintenance of an
25	underground storage facility used for storing petroleum products or hazardous materials shall be
26	eligible for recordation under chapter 13 of title 34. The director shall forward the order or notice
27	to the city or town wherein the subject facility is located, and the order or notice shall be recorded
28	in the general index by the appropriate municipal officer in the land-evidence records in the city
29	or town wherein the subject facility is located. Any subsequent transferee of that facility shall be
30	responsible for complying with the requirements of the order or notice. Upon satisfactory
31	completion of the requirements of the order or notice, the director shall provide written notice of
32	the same, which notice shall be eligible for recordation. The original, written notice shall be
33	forwarded to the city or town wherein the subject facility is located, and the notice of satisfactory
34	completion shall be recorded in the general index by the appropriate municipal official in the
	LC003746 - Page 158 of 621
1	land-evidence records in the city or town wherein the subject facility is located. A copy of the
2	written notice shall be forwarded to the owner of the subject facility within five (5) days of a
3	request for it, and, in any event, shall be forwarded to the owner of the subject facility within
4	thirty (30) days after correction;
5	(32) To manage and disburse any and all funds collected pursuant to § 46-12.9-4, in
6	accordance with § 46-12.9-5, and other provisions of the Rhode Island Underground Storage
7	Tank Financial Responsibility Act, as amended;
8	(33) To support, facilitate, and assist the Rhode Island Natural History Survey, as appropriate
9	and/or as necessary, in order to accomplish the important public purposes of the survey in
10	gathering and maintaining data on Rhode Island natural history; making public presentations and
11	reports on natural history topics; ranking species and natural communities; monitoring rare
12	species and communities; consulting on open-space acquisitions and management plans;
13	reviewing proposed federal and state actions and regulations with regard to their potential impact
14	on natural communities; and seeking outside funding for wildlife management, land management,
15	and research;
16	(34) To promote the effective stewardship of lakes, ponds, rivers, and streams including, but
17	not limited to, collaboration with watershed organizations and associations of lakefront property
18	owners on planning and management actions that will prevent and mitigate water quality
19	degradation, reduce the loss of native habitat due to infestation of non-native species, abate
20	nuisance conditions that result from excessive growth of algal or non-native plant species as well
21	as promote healthy freshwater riverine ecosystems;
22	(35) In implementing the programs established pursuant to this chapter, to identify critical
23	areas for improving service to customers doing business with the department, and to develop and
24	implement strategies to improve performance and effectiveness in those areas. Key aspects of a
25	customer-service program shall include, but not necessarily be limited to, the following
26	components:
27	(a) Maintenance of an organizational unit within the department with the express purpose of
28	providing technical assistance to customers and helping customers comply with environmental
29	regulations and requirements;
30	(b) Maintenance of an employee-training program to promote customer service across the
31	department;
32	(c) Implementation of a continuous business process evaluation and improvement effort,
33	including process reviews to encourage development of quality proposals; ensure timely and
	LC003746 - Page 159 of 621
1	predictable reviews; and result in effective decisions and consistent follow up and implementation
2	throughout the department; and publish an annual report on such efforts;
3	(d) Creation of a centralized location for the acceptance of permit applications and other
4	submissions to the department;
5	(e) Maintenance of a process to promote, organize, and facilitate meetings prior to the
6	submission of applications or other proposals in order to inform the applicant on options and
7	opportunities to minimize environmental impact; improve the potential for sustainable
8	environmental compliance; and support an effective and efficient review and decision-making
9	process on permit applications related to the proposed project;
10	(f) Development of single permits under multiple authorities otherwise provided in state law
11	to support comprehensive and coordinated reviews of proposed projects. The director may
12	address and resolve conflicting or redundant process requirements in order to achieve an effective
13	and efficient review process that meets environmental objectives; and
14	(g) Exploration of the use of performance-based regulations coupled with adequate inspection
15	and oversight, as an alternative to requiring applications or submissions for approval prior to
16	initiation of projects. The department shall work with the office of regulatory reform to evaluate
17	the potential for adopting alternative compliance approaches and provide a report to the governor
18	and the general assembly by May 1, 2015; and
19	(h) Designate case managers, reporting to the director or deputy director, as necessary to
20	facilitate and expedite project permitting, particularly for complex or multi-jurisdictional projects,
21	and coordinate permitting with the mitigation of non-compliant conditions on project sites.
22	(36) To formulate and promulgate regulations requiring any dock or pier longer than twenty
23	feet (20') and located on a freshwater lake or pond to be equipped with reflective materials, on all
24	sides facing the water, of an appropriate width and luminosity such that it can be seen by
25	operators of watercraft; and
26	(37) To temporarily waive any control or prohibition respecting the use of a fuel or fuel
27	additive required or regulated by the department if the director finds that:
28	(i) Extreme or unusual fuel or fuel additive supply circumstances exist in the state or the New
29	England region that prevent the distribution of an adequate supply of the fuel or fuel additive to
30	consumers;
31	(ii) Extreme or unusual fuel or fuel additive supply circumstances are the result of a natural
32	disaster, an act of God, a pipeline or refinery equipment failure, or another event that could not
33	reasonably have been foreseen; and
34	(iii) It is in the public interest to grant the waiver.
	LC003746 - Page 160 of 621
1	Any temporary waiver shall be made in writing and shall be effective for twenty (20)
2	calendar days; provided, that the director may renew the temporary waiver, in writing, if it is
3	deemed necessary.
4	SECTION 11. Effective on July 1, 2020, section 46-12.7-4.1 of the General Laws in Chapter
5	46-12.7 entitled "Oil Spill Prevention, Administration and Response Fund" is hereby amended to
6	read as follows:
7	46-12.7-4.1. Uniform oil response and prevention fee.
8	(a) A uniform oil spill response and prevention fee in an amount not exceeding five cents
9	($.05) ten cents ($0.10) for each barrel of petroleum products, as set by the director pursuant to
10	subsection (d) of this section, shall be imposed upon every person owning petroleum products at
11	the time the petroleum products are received at a marine terminal within this state by means of a
12	vessel from a point of origin outside this state. The fee shall be remitted to the division of taxation
13	on the 30th day of each month based upon the number of barrels of petroleum products received
14	during the preceding month.
15	(b) Every owner of petroleum products shall be liable for the fee until it has been paid to the
16	state, except that payment to a marine terminal operator registered under this chapter is sufficient
17	to relieve the owner from further liability for the fee; provided, however, that the fee for asphalt
18	products and asphalt derivatives shall be one cent ($.01) per barrel of asphalt products or
19	derivatives.
20	(c) Whenever the director, in consultation with the department and the division of taxation,
21	estimates that the amount in the fund will reach the amount specified in subsection (e) of this
22	section, and the money in the fund is not required for the purposes specified in § 46-12.7-5.1, the
23	director shall instruct the division of taxation to cease collecting the fee.
24	(d) The director shall set the amount of the oil spill prevention and response fees. The
25	administrator, except for the fee set out in subsection (b), shall not set the amount of the fee at
26	less than five cents ($0.05) for each barrel of petroleum products or crude oil, unless the director
27	finds that the assessment of a lesser fee will cause the fund to reach the designated amount within
28	six (6) months.
29	(e) For the purposes of this chapter, "designated amount" means an amount equal to ten
30	million dollars ($10,000,000), adjusted for inflation after January 1, 1998, according to an index
31	which the director may reasonably choose.
32	(f) All For every ten cents ($0.10) in fees collected pursuant to this section, seven cents (0.07)
33	shall be deposited in the oil spill prevention, administration, and response fund, and shall be
	LC003746 - Page 161 of 621
1	disbursed according to the purposes expressed in § 46-12.7-5.1., and three cents ($0.03) shall be
2	deposited in the ocean state climate adaptation and resilience fund established by § 46-23.3-2.
3	(g) Notwithstanding the provisions of subsection (f) of this section, each July 1st, two
4	hundred and fifty thousand dollars ($250,000) of the fees collected under this section for the oil
5	spill prevention, administration, and response fund shall be deposited into the coastal and
6	estuarine habitat restoration trust fund (the "trust").
7	SECTION 12. Effective on July 1, 2020, Title 46 of the General Laws entitled "Waters and
8	Navigation" is hereby amended by adding thereto the following chapter:
9	CHAPTER 23.3
10	THE OCEAN STATE CLIMATE ADAPTATION AND RESILIENCE FUND
11	46-23.3-1. Definitions.
12	For the purposes of this chapter, the following definitions shall apply:
13	(1) “Adaptation and resilience projects” are those projects on public land and open space, as
14	defined in subsections (6) and (7) of this section, that protect or enhance natural systems and
15	habitats, that are proposed in response to climate change impacts as defined in subsection (2) of
16	this section, and that improve climate resilience. Adaptation and resilience projects include those
17	projects that reduce the vulnerability of low-lying infrastructure on public land through measures
18	that include removal and relocation of infrastructure, restoration of river and stream floodplains
19	including regrading of banks, revegetation, acquisition of that area of land necessary to maintain
20	and preserve public access, habitat improvements, and redesign, resizing and replacement of
21	culverts and bridge spans at existing wetland crossings.
22	(2) “Climate change impacts” in Rhode Island include, but are not limited to, sea level rise,
23	coastal erosion, flooding, warming land and water, and storm surge and are consistent with the
24	impacts recognized by the Executive Climate Change Coordinating Council.
25	(3) “Department” means the department of environmental management.
26	(4) “Director” means the director of the department of environmental management.
27	(5) “Infrastructure” includes roads, parking lots and other paved surfaces, shoreline protection
28	structures, buildings, boat ramps and piers, water control structures, other structures, and
29	remnants of development.
30	(6) “Public land” means property owned by state or municipal governments. Public land
31	includes properties where the state or municipality holds an easement for public purposes.
32	(7) “Open space” means land in its natural state that conserves forests, enhances wildlife
33	habitat or protects ecosystem health or any tract or contiguous tracts of undeveloped land, where
	LC003746 - Page 162 of 621
1	the undeveloped land serves to enhance agricultural values or public access to shorelines and
2	riverbanks.
3	(8) “Shoreline protection structures” includes revetments, bulkheads, seawalls and
4	floodwalls, groins, breakwaters, jetties, and other structures, the purpose or effect of which is to
5	control the erosion of coastal or river features, and includes any sheet pile walls, concrete or stone
6	walls.
7	46-23.3-2. Establishment of the Ocean State climate adaptation and resilience fund.
8	(a) There is established within the department of environmental management an “ocean state
9	climate adaptation and resilience fund” (the “OSCAR fund”). The OSCAR fund shall constitute a
10	restricted receipt account within the general fund of the state and housed within the budget of the
11	department of environmental management.
12	(b) OSCAR fund grants. Factors to be taken into account by the technical committee for the
13	purposes of recommending the granting of monies to municipalities and the state for OSCAR
14	grants, determining the eligibility of projects for financial assistance, and in prioritizing the
15	recommendation of projects by the technical committee shall include, but need not be limited to:
16	(1) Consistency with the following where applicable: the state’s resilience strategy, the
17	coastal resources management council's most recent projections for sea level rise, the coastal
18	habitat restoration strategy, the state nonpoint pollution control plan and other applicable state
19	and federal laws.
20	(2) The ability and authority of the applicant to carry out and properly maintain the adaptation
21	project;
22	(3) Whether the project will enhance public access;
23	(4) The severity, risk and/or extent of infrastructure degradation on public land;
24	(5) The extent of the use by the public of the land;
25	(6) The proposed milestones to ensure that the project is completed as designed and
26	approved;
27	(7) Whether the adaptation project can also be shown to create or replace habitat losses that
28	benefit fish and wildlife resources;
29	(8) Potential water quality improvements;
30	(9) Potential improvements to fish and wildlife habitats for species which are identified as
31	rare or endangered by the Rhode Island natural history survey or the Federal Endangered Species
32	Act [16 U.S.C. §1531 et seq.];
33	(10) The level and extent of collaboration by partners (e.g., municipality, nongovernment
34	organization, watershed council, federal agency, etc.); and
	LC003746 - Page 163 of 621
1	(11) Overall potential benefits to the public and estimated length of time frame of benefit.
2	(c) Nothing contained in this chapter is intended to abrogate or affect the existing powers of
3	the department of environmental management.
4	46-23.3-3. Eligible and Ineligible projects.
5	(a) Monies in the OSCAR fund shall be used solely for adaptation and resilience projects as
6	defined in § 46-23.3-1.
7	(b) Monies in the OSCAR fund shall not be used for:
8	(1) Mitigating any current, planned, or future projects that degrade, fill, or otherwise destroy
9	coastal, estuarine, or riverine habitats;
10	(2) Fulfilling any liability for restoration required by any local, state, or federal agency
11	pursuant to an environmental or public health enforcement action;
12	(3) With the exception of culverts and bridge spans as specifically described in 46-23.2-2 (1),
13	elevating, repairing or replacing infrastructure, or constructing new infrastructure, in its existing
14	location that is experiencing climate change impacts as defined in Section 46-23.3-2(2);
15	(4) Constructing new shoreline protection structures, with the exception of repairing or
16	upgrading an existing bulkhead or seawall at a public park; or
17	(5) Constructing roads or bridges.
18	46-23.3-4. Financing of the OSCAR fund.
19	(a) The OSCAR fund shall consist of the following sources:
20	(1) Sums the legislature may appropriate;
21	(2) Monies received from federal, state, or other sources, including bond funds, for the
22	purpose of climate adaptation that the Director allocates to the OSCAR fund;
23	(3) Monies received from any private donor for the OSCAR fund;
24	(4) Fees collected pursuant to § 46-12.7-4.1 for the OSCAR fund; and
25	(5) Any interest earned on the monies in the fund.
26	46-23.3-5. Allocation of the fund.
27	Monies from the OSCAR fund shall be used to carry out the purposes of this chapter as
28	follows:
29	(1) The administrative expenses required to carry out the activities of the program as
30	described in this chapter not to exceed $75,000 annually;
31	(2) The scope of grant applications may include the planning and design, engineering,
32	construction, and monitoring of adaptation projects as described in this chapter; and
	LC003746 - Page 164 of 621
1	(3) The OSCAR projects approved by the department upon recommendation of the technical
2	advisory committee. Only applications approved through the process established by the
3	Department shall be eligible for funding under this program.
4	46-23.3-6. Technical advisory committee.
5	Members of the technical advisory committee shall include representatives from the
6	department, the council, statewide planning, and Rhode Island emergency management authority.
7	The technical advisory committee shall serve as an advisory board to the department throughout
8	this process.
9	46-23.3-7. Disbursement process and reporting.
10	(a) The department shall establish and execute a process for the solicitation, evaluation and
11	award of grants for projects that meet the requirements set forth in in this chapter.
12	(b) The department shall submit a report to the legislature not later than the tenth (10th) day
13	following the convening of each regular session of the legislature, starting in January 2022. The
14	report shall include the following:
15	(1) The amount of money awarded from the OSCAR fund during the preceding fiscal year;
16	(2) A brief summary of the projects that received funding and a timeline of implementation;
17	and;
18	(3) Any other information requested by the general assembly.
19	46-23.3-5. Regulations.
20	The director may adopt all rules and regulations necessary for the administration and
21	enforcement of this chapter, in consultation with the coastal resources management council.
22	SECTION 13. Sections 1, 2, 11 and 12 shall take effect on July 1, 2020. Section 5 shall take
23	effect on July 1, 2021. The remainder of this article shall take effect upon passage.
	LC003746 - Page 165 of 621
1	ARTICLE 8
2	RELATING TO TAXES
3	SECTION 1. Effective October 1, 2020, section 3-10-1 of the General Laws in Chapter
4	3-10 entitled “Taxation of Beverages” is hereby amended to read as follows:
5	3-10-1. Manufacturing tax rates – Exemption of religious uses.
6	(a) There shall be assessed and levied by the tax administrator on all beverages
7	manufactured, rectified, blended, or reduced for sale in this state a tax of three dollars and thirty
8	cents ($3.30) on every thirty-one (31) gallons, and a tax at a like rate for any other quantity or
9	fractional part. On any beverage manufactured, rectified, blended, or reduced for sale in this state
10	consisting, in whole or in part, of wine, whiskey, rum, gin, brandy spirits, ethyl alcohol, or other
11	strong liquors (as distinguished from beer or other brewery products), the tax to be assessed and
12	levied is as follows:
13	(1) Still wines (whether fortified or not), one dollar and forty cents ($1.40) sixty cents
14	($0.60) per gallon;
15	(2) Still wines (whether fortified or not) made entirely from fruit grown in this state,
16	thirty cents ($.30) per gallon;
17	(3) Sparkling wines (whether fortified or not), seventy five cents ($.75) per gallon;
18	(4) Whiskey, rum, gin, brandy spirits, cordials, and other beverages consisting in whole
19	or in part of alcohol that is the product of distillation, five dollars and forty cents ($5.40) three
20	dollars and seventy-five cents ($3.75) per gallon, except that whiskey, rum, gin, brandy spirits,
21	cordials, and other beverages consisting, in whole or in part, of alcohol that is the product of
22	distillation but that contains alcohol measuring thirty (30) proof or less, one dollar and ten cents
23	($1.10) per gallon;
24	(5) Ethyl alcohol to be used for beverage purposes, seven dollars and fifty cents ($7.50)
25	per gallon; and
26	(6) Ethyl alcohol to be used for nonbeverage purposes, eight cents ($.08) per gallon.
27	(b) Sacramental wines are not subject to any tax if sold directly to a member of the clergy
28	for use by the purchaser or his or her congregation for sacramental or other religious purposes.
29	(c) A brewer who brews beer in this state that is actively and directly owned, managed,
30	and operated by an authorized legal entity that has owned, managed, and operated a brewery in
31	this state for at least twelve (12) consecutive months, shall receive a tax exemption on the first
32	one hundred thousand (100,000) barrels of beer that it produces and distributes in this state in any
33	calendar year. A barrel of beer is thirty one (31) gallons.
	LC003746 - Page 166 of 621
1	(d) A distiller who distills spirits in this state that is actively and directly owned,
2	managed, and operated by an authorized legal entity that has owned, managed, and operated a
3	distillery in this state for at least twelve (12) consecutive months, shall receive a tax exemption on
4	the first fifty thousand (50,000) gallons of distilled spirits that it produces and distributes in this
5	state in any calendar year.
6	SECTION 2. Sections 42-63.1-3 and 42-63.1-12 of the General Laws in Chapter 42-63.1
7	entitled "Tourism and Development" is hereby amended as follows:
8	42-63.1-3. Distribution of tax.
9	(a) For returns and tax payments received on or before December 31, 2015, except as
10	provided in § 42-63.1-12, the proceeds of the hotel tax, excluding the portion of the hotel tax
11	collected from residential units offered for tourist or transient use through a hosting platform,
12	shall be distributed as follows by the division of taxation and the city of Newport:
13	(1) Forty-seven percent (47%) of the tax generated by the hotels in the district, except as
14	otherwise provided in this chapter, shall be given to the regional tourism district wherein the hotel
15	is located; provided, however, that from the tax generated by the hotels in the city of Warwick,
16	thirty-one percent (31%) of the tax shall be given to the Warwick regional tourism district
17	established in § 42-63.1-5(a)(5) and sixteen percent (16%) of the tax shall be given to the Greater
18	Providence-Warwick Convention and Visitors' Bureau established in § 42-63.1-11; and provided
19	further, that from the tax generated by the hotels in the city of Providence, sixteen percent (16%)
20	of that tax shall be given to the Greater Providence-Warwick Convention and Visitors' Bureau
21	established by § 42-63.1-11, and thirty-one percent (31%) of that tax shall be given to the
22	Convention Authority of the city of Providence established pursuant to the provisions of chapter
23	84 of the public laws of January, 1980; provided, however, that the receipts attributable to the
24	district as defined in § 42-63.1-5(a)(7) shall be deposited as general revenues, and that the
25	receipts attributable to the district as defined in § 42-63.1-5(a)(8) shall be given to the Rhode
26	Island commerce corporation as established in chapter 64 of this title.
27	(2) Twenty-five percent (25%) of the hotel tax shall be given to the city or town where
28	the hotel that generated the tax is physically located, to be used for whatever purpose the city or
29	town decides.
30	(3) Twenty-one (21%) of the hotel tax shall be given to the Rhode Island commerce
31	corporation established in chapter 64 of this title, and seven percent (7%) to the Greater
32	Providence-Warwick Convention and Visitors' Bureau.
33	(b) For returns and tax payments received after December 31, 2015, except as provided in
34	§ 42-63.1-12, the proceeds of the hotel tax, excluding the portion of the hotel tax collected from
	LC003746 - Page 167 of 621
1	residential units offered for tourist or transient use through a hosting platform, shall be distributed
2	as follows by the division of taxation and the city of Newport:
3	(1) For the tax generated by the hotels in the Aquidneck Island district, as defined in §
4	42-63.1-5, forty-two percent (42%) of the tax shall be given to the Aquidneck Island district,
5	twenty-five (25%) of the tax shall be given to the city or town where the hotel that generated the
6	tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence-
7	Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-eight percent
8	(28%) of the tax shall be given to the Rhode Island commerce corporation established in chapter
9	64 of this title.
10	(2) For the tax generated by the hotels in the Providence district as defined in § 42-63.1-
11	5, twenty eight percent (28%) of the tax shall be given to the Providence district, twenty-five
12	percent (25%) of the tax shall be given to the city or town where the hotel that generated the tax is
13	physically located, twenty-three percent (23%) of the tax shall be given to the Greater
14	Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-
15	four (24%) of the tax shall be given to the Rhode Island commerce corporation established in
16	chapter 64 of this title.
17	(3) For the tax generated by the hotels in the Warwick district as defined in § 42-63.1-5,
18	twenty-eight percent (28%) of the tax shall be given to the Warwick District, twenty-five percent
19	(25%) of the tax shall be given to the city or town where the hotel that generated the tax is
20	physically located, twenty-three percent (23%) of the tax shall be given to the Greater
21	Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-
22	four (24%) of the tax shall be given to the Rhode Island commerce corporation established in
23	chapter 64 of this title.
24	(4) For the tax generated by the hotels in the Statewide district, as defined in § 42-63.1-5,
25	twenty-five percent (25%) of the tax shall be given to the city or town where the hotel that
26	generated the tax is physically located, five percent (5%) of the tax shall be given to the Greater
27	Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy
28	percent (70%) of the tax shall be given to the Rhode Island commerce corporation established in
29	chapter 64 of this title.
30	(5) With respect to the tax generated by hotels in districts other than those set forth in
31	subsections (b)(1) through (b)(4) of this section, forty-two percent (42%) of the tax shall be given
32	to the regional tourism district, as defined in § 42-63.1-5, wherein the hotel is located, twenty-five
33	percent (25%) of the tax shall be given to the city or town where the hotel that generated the tax is
34	physically located, five percent (5%) of the tax shall be given to the Greater Providence-Warwick
	LC003746 - Page 168 of 621
1	Convention and Visitors Bureau established in § 42-63.1-11, and twenty-eight (28%) of the tax
2	shall be given to the Rhode Island commerce corporation established in chapter 64 of this title.
3	(c) For returns and tax payments received before July 1, 2019, the proceeds of the hotel
4	tax collected from residential units offered for tourist or transient use through a hosting platform
5	shall be distributed as follows by the division of taxation and the city of Newport: twenty-five
6	percent (25%) of the tax shall be given to the city or town where the residential unit that
7	generated the tax is physically located, and seventy-five percent (75%) of the tax shall be given to
8	the Rhode Island commerce corporation established in chapter 64 of this title.
9	(d) The Rhode Island commerce corporation shall be required in each fiscal year to spend
10	on the promotion and marketing of Rhode Island as a destination for tourists or businesses an
11	amount of money of no less than the total proceeds of the hotel tax it receives pursuant to this
12	chapter for the fiscal year.
13	(e) Notwithstanding the foregoing provisions of this section, for returns and tax payments
14	received on or after July 1, 2016, and on or before June 30, 2017, except as provided in § 42-
15	63.1-12, the proceeds of the hotel tax, excluding the portion of the hotel tax collected from
16	residential units offered for tourist or transient use through a hosting platform, shall be distributed
17	in accordance with the distribution percentages established in subsections (a)(1) through (a)(3) of
18	this section by the division of taxation and the city of Newport.
19	(f) For returns and tax payments received on or after July 1, 2018 and on or prior to June
20	30 2019, except as provided in § 42-63.1-12, the proceeds of the hotel tax, excluding the portion
21	of the hotel tax collected from residential units offered for tourist or transient use through a
22	hosting platform, shall be distributed as follows by the division of taxation and the city of
23	Newport:
24	(1) For the tax generated by the hotels in the Aquidneck Island district, as defined in §
25	42-63.1-5, forty-five percent (45%) of the tax shall be given to the Aquidneck Island district,
26	twenty-five (25%) of the tax shall be given to the city or town where the hotel that generated the
27	tax is physically located, five percent (5%) of the tax shall be given to the Greater Providence-
28	Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five percent
29	(25%) of the tax shall be given to the Rhode Island commerce corporation established in chapter
30	64 of this title.
31	(2) For the tax generated by the hotels in the Providence district as defined in § 42-63.1-
32	5, thirty percent (30%) of the tax shall be given to the Providence district, twenty-five percent
33	(25%) of the tax shall be given to the city or town where the hotel that generated the tax is
34	physically located, twenty-four (24%) of the tax shall be given to the Greater Providence-
	LC003746 - Page 169 of 621
1	Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one (21%) of
2	the tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this
3	title.
4	(3) For the tax generated by the hotels in the Warwick district as defined in § 42-63.1-5,
5	thirty percent (30%) of the tax shall be given to the Warwick District, twenty-five percent (25%)
6	of the tax shall be given to the city or town where the hotel that generated the tax is physically
7	located, twenty-four percent (24%) of the tax shall be given to the Greater Providence-Warwick
8	Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one (21%) of the tax
9	shall be given to the Rhode Island commerce corporation established in chapter 64 of this title.
10	(4) For the tax generated by the hotels in the Statewide district, as defined in § 42-63.1-5,
11	twenty-five percent (25%) of the tax shall be given to the city or town where the hotel that
12	generated the tax is physically located, five percent (5%) of the tax shall be given to the Greater
13	Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy
14	percent (70%) of the tax shall be given to the Rhode Island commerce corporation established in
15	chapter 64 of this title.
16	(5) With respect to the tax generated by hotels in districts other than those set forth in
17	subsections (b)(1) through (b)(4) of this section, forty-five percent (45%) of the tax shall be given
18	to the regional tourism district, as defined in § 42-63.1-5, wherein the hotel is located, twenty-five
19	percent (25%) of the tax shall be given to the city or town where the hotel that generated the tax is
20	physically located, five percent (5%) of the tax shall be given to the Greater Providence-Warwick
21	Convention and Visitors Bureau established in § 42-63.1-11, and twenty-five (25%) of the tax
22	shall be given to the Rhode Island commerce corporation established in chapter 64 of this title.
23	(g) For returns and tax payments received on or after July 1, 2019 and on or prior to June
24	30, 2020, except as provided in § 42-63.1-12, the proceeds of the hotel tax, including the portion
25	of the hotel tax collected from residential units offered for tourist or transient use through a
26	hosting platform, shall be distributed as follows by the division of taxation and the city of
27	Newport:
28	(1) For the tax generated in the Aquidneck Island district, as defined in § 42-63.1-5,
29	forty-five percent (45%) of the tax shall be given to the Aquidneck Island district, twenty-five
30	percent (25%) of the tax shall be given to the city or town where the hotel or residential unit that
31	generated the tax is physically located, five percent (5%) of the tax shall be given to the Greater
32	Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-
33	five percent (25%) of the tax shall be given to the Rhode Island commerce corporation
34	established in chapter 64 of this title.
	LC003746 - Page 170 of 621
1	(2) For the tax generated in the Providence district as defined in § 42-63.1-5, thirty
2	percent (30%) of the tax shall be given to the Providence district, twenty-five percent (25%) of
3	the tax shall be given to the city or town where the hotel or residential unit that generated the tax
4	is physically located, twenty-four percent (24%) of the tax shall be given to the Greater
5	Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and twenty-
6	one percent (21%) of the tax shall be given to the Rhode Island commerce corporation established
7	in chapter 64 of this title.
8	(3) For the tax generated in the Warwick district as defined in § 42-63.1-5, thirty percent
9	(30%) of the tax shall be given to the Warwick District, twenty-five percent (25%) of the tax shall
10	be given to the city or town where the hotel or residential unit that generated the tax is physically
11	located, twenty-four percent (24%) of the tax shall be given to the Greater Providence-Warwick
12	Convention and Visitors Bureau established in § 42-63.1-11, and twenty-one percent (21%) of the
13	tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this
14	title.
15	(4) For the tax generated in the Statewide district, as defined in § 42-63.1-5, twenty-five
16	percent (25%) of the tax shall be given to the city or town where the hotel or residential unit that
17	generated the tax is physically located, five percent (5%) of the tax shall be given to the Greater
18	Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11, and seventy
19	percent (70%) of the tax shall be given to the Rhode Island commerce corporation established in
20	chapter 64 of this title.
21	(5) With respect to the tax generated in districts other than those set forth in subsections
22	(g)(1) through (g)(4) of this section, forty-five percent (45%) of the tax shall be given to the
23	regional tourism district, as defined in § 42-63.1-5, wherein the hotel or residential unit is located,
24	twenty-five percent (25%) of the tax shall be given to the city or town where the hotel or
25	residential unit that generated the tax is physically located, five percent (5%) of the tax shall be
26	given to the Greater Providence-Warwick Convention and Visitors Bureau established in § 42-
27	63.1-11, and twenty-five percent (25%) of the tax shall be given to the Rhode Island commerce
28	corporation established in chapter 64 of this title.
29	(h) For returns and tax payments received on or after July 1, 2020, except as provided in
30	§ 42-63.1-12, the proceeds of the hotel tax, including the portion of the hotel tax collected from
31	residential units offered for tourist or transient use through a hosting platform, shall be distributed
32	as follows by the division of taxation and the city of Newport:
33	(1) For the tax generated in the Aquidneck Island district, as defined in § 42-63.1-5,
34	thirty-seven and a half percent (37.5%) of the tax shall be given to the Aquidneck Island district,
	LC003746 - Page 171 of 621
1	twenty and eight tenths percent (20.8%) of the tax shall be given to the city or town where the
2	hotel or residential unit that generated the tax is physically located, four and two tenths percent
3	(4.2%) of the tax shall be given to the Greater Providence-Warwick Convention and Visitors
4	Bureau established in § 42-63.1-11, sixteen and seven tenths percent (16.7%) of the tax shall be
5	transferred to General Revenue, and twenty and eight tenths percent (20.8%) of the tax shall be
6	given to the Rhode Island commerce corporation established in chapter 64 of this title.
7	(2) For the tax generated in the Providence district as defined in § 42-63.1-5, twenty-five
8	percent (25%) of the tax shall be given to the Providence district, twenty and eight tenths percent
9	(20.8%) of the tax shall be given to the city or town where the hotel or residential unit that
10	generated the tax is physically located, twenty percent (20%) of the tax shall be given to the
11	Greater Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11,
12	sixteen and seven tenths percent (16.7%) of the tax shall be transferred to General Revenue, and
13	seventeen and a half percent (17.5%) of the tax shall be given to the Rhode Island commerce
14	corporation established in chapter 64 of this title.
15	(3) For the tax generated in the Warwick district as defined in § 42-63.1-5, twenty-five
16	percent (25%) of the tax shall be given to the Warwick District, twenty and eight tenths percent
17	(20.8%) of the tax shall be given to the city or town where the hotel or residential unit that
18	generated the tax is physically located, twenty percent (20%) of the tax shall be given to the
19	Greater Providence-Warwick Convention and Visitors Bureau established in § 42-63.1-11,
20	sixteen and seven tenths percent (16.7%) of the tax shall be transferred to General Revenue, and
21	seventeen and a half percent (17.5%) of the tax shall be given to the Rhode Island commerce
22	corporation established in chapter 64 of this title.
23	(4) For the tax generated in the Statewide district, as defined in § 42-63.1-5, twenty and
24	eight tenths percent (20.8%) of the tax shall be given to the city or town where the hotel or
25	residential unit that generated the tax is physically located, four and two tenths percent (4.2%) of
26	the tax shall be given to the Greater Providence-Warwick Convention and Visitors Bureau
27	established in § 42-63.1-11, sixteen and seven tenths percent (16.7%) of the tax shall be
28	transferred to General Revenue, and fifty-eight and three tenths percent (58.3%) of the tax shall
29	be given to the Rhode Island commerce corporation established in chapter 64 of this title.
30	(5) With respect to the tax generated in districts other than those set forth in subsections
31	(h)(1) through (h)(4) of this section, thirty-seven and a half percent (37.5%) of the tax shall be
32	given to the regional tourism district, as defined in § 42-63.1-5, wherein the hotel or residential
33	unit is located, twenty and eight tenths percent (20.8%) of the tax shall be given to the city or
34	town where the hotel or residential unit that generated the tax is physically located, four and two
	LC003746 - Page 172 of 621
1	tenths percent (4.2%) of the tax shall be given to the Greater Providence-Warwick Convention
2	and Visitors Bureau established in § 42-63.1-11, sixteen and seven tenths percent (16.7%) of the
3	tax shall be transferred to General Revenue, and twenty and eight tenths percent (20.8%) of the
4	tax shall be given to the Rhode Island commerce corporation established in chapter 64 of this
5	title.
6	(6) With respect to the revenue collected by the division of taxation on behalf of each
7	municipality in subsections (h)(1) through (h)(5) of this section, before distributing said revenue
8	to the municipalities, a two percent (2%) administrative fee shall be deducted therefrom and
9	transferred to the general fund.
10	42-63.1-12. Distribution of tax to Rhode Island Convention Center Authority.
11	(a) For returns and tax received on or before December 31, 2015, the proceeds of the
12	hotel tax generated by any and all hotels physically connected to the Rhode Island Convention
13	Center shall be distributed as follows: twenty-seven percent (27%) shall be deposited as general
14	revenues; thirty-one percent (31%) shall be given to the convention authority of the city of
15	Providence; twelve percent (12%) shall be given to the greater Providence-Warwick convention
16	and visitor's bureau; thirty percent (30%) shall be given to the Rhode Island convention center
17	authority to be used in the furtherance of the purposes set forth in § 42-99-4.
18	(b) For returns and tax received after December 31, 2015, the proceeds of the hotel tax
19	generated by any and all hotels physically connected to the Rhode Island Convention Center shall
20	be distributed as follows: twenty-eight percent (28%) shall be given to the convention authority of
21	the city of Providence; twelve percent (12%) shall be given to the greater Providence-Warwick
22	convention and visitor's bureau; and sixty percent (60%) shall be given to the Rhode Island
23	Commerce Corporation established in chapter 64 of title 42.
24	(c) The Rhode Island Convention Center Authority is authorized and empowered to enter
25	into contracts with the Greater Providence-Warwick Convention and Visitors' Bureau in the
26	furtherance of the purposes set forth in this chapter.
27	(d) For returns and tax received on or after July 1, 2018 and on or before June 30, 2020,
28	the proceeds of the hotel tax generated by any and all hotels physically connected to the Rhode
29	Island Convention Center shall be distributed as follows: thirty percent (30%) shall be given to
30	the convention authority of the city of Providence; twenty percent (20%) shall be given to the
31	greater Providence-Warwick convention and visitor's bureau; and fifty percent (50%) shall be
32	given to the Rhode Island Commerce Corporation established in chapter 64 of title 42.
33	(e) For returns and tax received on or after July 1, 2020, the proceeds of the hotel tax
34	generated by any and all hotels physically connected to the Rhode Island Convention Center shall
	LC003746 - Page 173 of 621
1	be distributed as follows: twenty-five percent (25%) shall be given to the convention authority of
2	the city of Providence; sixteen and seven tenths percent (16.7%) shall be given to the greater
3	Providence-Warwick convention and visitor's bureau; sixteen and seven tenths percent (16.7%) of
4	the tax shall be given to general revenue; and forty-one and six tenths percent (41.6%) shall be
5	given to the Rhode Island commerce corporation established in chapter 64 of title 42.
6	(f) With respect to the revenue collected by the division of taxation on behalf of each
7	municipality in subsection (e) of this section, before distributing said revenue to the
8	municipalities, a two percent (2%) administrative fee shall be deducted therefrom and transferred
9	to the general fund.
10	SECTION 3. Chapter 44-1 of the General Laws entitled “State Tax Officials” is hereby
11	amended by adding thereto the following section:
12	44-1-11.2 Set-off for delinquent taxes-Reciprocal Agreements for Refunds
13	(a) Definitions
14	(1) "federal payment offset" is any offset against federal nontax payments to collect state
15	tax debts and/or any nontax debts owed to the state, a state agency or a quasi-public agency, to
16	the extent permitted by law.
17	(2) "state payment offset" is any offset against state tax refunds to collect federal nontax
18	debts, to the extent permitted by law.
19	(3) “debtor” is any person or entity that owes money to the state, a state agency or a
20	quasi-public agency.
21	(b) The tax administrator is hereby authorized to:
22	(1) establish and implement a federal payment offset and state payment offset reciprocal
23	program (State Reciprocal Program) with the United States Department of the Treasury pursuant
24	to which the United States Department of the Treasury would offset federal nontax payments to
25	collect state tax debts and/or any nontax debts owed to the state, a state agency, or a quasi-public
26	agency and the tax administrator would offset state tax refunds to collect federal nontax debts;
27	(2) enter into an agreement with the United States Department of the Treasury to
28	implement the State Reciprocal Program; and,
29	(3) charge the debtor a reasonable fee per transaction for each federal payment offset and
30	such fee may be collected from the debtor by deducting the fee from the amount of the offset.
31	(c) Federal and state payment offsets shall be subject to applicable notice requirements
32	pursuant to 31 U.S.C. 3716(a) prior to said offset.
	LC003746 - Page 174 of 621
1	(d) The payment offset process authorized in this section is in addition to the set-off of
2	refunds of personal income tax in 44-30.1 and is not in substitution of that chapter for any other
3	remedy available by law.
4	(e) If any provision of this section or the application of this section is for any reason held
5	invalid, illegal or unenforceable said holding shall not affect the legality, validity or
6	enforceability of the rest of the section.
7	SECTION 4. Effective October 1, 2020, section 44-18-7.3 of the General Laws in
8	Chapter 44-18 entitled “Sales and Use Taxes – Liability and Computation” is hereby amended to
9	read as follows:
10	44-18-7.3. Services defined.
11	(a) "Services" means all activities engaged in for other persons for a fee, retainer,
12	commission, or other monetary charge, which activities involve the performance of a service in
13	this state as distinguished from selling property.
14	(b) The following businesses and services performed in this state, along with the
15	applicable 2017 North American Industrial Classification System (NAICS) codes, are included in
16	the definition of services:
17	(1) Taxicab and limousine services including but not limited to:
18	(i) Taxicab services including taxi dispatchers (485310); and
19	(ii) Limousine services (485320).
20	(2) Other road transportation service including but not limited to:
21	(i) Charter bus service (485510);
22	(ii) "Transportation network companies" (TNC) defined as an entity that uses a digital
23	network to connect transportation network company riders to transportation network operators
24	who provide prearranged rides. Any TNC operating in this state is a retailer as provided in § 44-
25	18-15 and is required to file a business application and registration form and obtain a permit to
26	make sales at retail with the tax administrator, to charge, collect, and remit Rhode Island sales
27	and use tax; and
28	(iii) All other transit and ground passenger transportation (485999).
29	(3) Pet care services (812910) except veterinary and testing laboratories services.
30	(4)(i) "Room reseller" or "reseller" means any person, except a tour operator as defined in
31	§ 42-63.1-2, having any right, permission, license, or other authority from or through a hotel as
32	defined in § 42-63.1-2, to reserve, or arrange the transfer of occupancy of, accommodations the
33	reservation or transfer of which is subject to this chapter, such that the occupant pays all or a
34	portion of the rental and other fees to the room reseller or reseller. Room reseller or reseller shall
	LC003746 - Page 175 of 621
1	include, but not be limited to, sellers of travel packages as defined in this section.
2	Notwithstanding the provisions of any other law, where said reservation or transfer of occupancy
3	is done using a room reseller or reseller, the application of the sales and use tax under §§ 44-18-
4	18 and 44-18-20, and the hotel tax under § 44-18-36.1 shall be as follows: The room reseller or
5	reseller is required to register with, and shall collect and pay to, the tax administrator the sales
6	and use and hotel taxes, with said taxes being calculated upon the amount of rental and other fees
7	paid by the occupant to the room reseller or reseller, less the amount of any rental and other fees
8	paid by the room reseller or reseller to the hotel. The hotel shall collect and pay to the tax
9	administrator said taxes upon the amount of rental and other fees paid to the hotel by the room
10	reseller or reseller and/or the occupant. No assessment shall be made by the tax administrator
11	against a hotel because of an incorrect remittance of the taxes under this chapter by a room
12	reseller or reseller. No assessment shall be made by the tax administrator against a room reseller
13	or reseller because of an incorrect remittance of the taxes under this chapter by a hotel. If the
14	hotel has paid the taxes imposed under this chapter, the occupant and/or room reseller or reseller,
15	as applicable, shall reimburse the hotel for said taxes. If the room reseller or reseller has paid said
16	taxes, the occupant shall reimburse the room reseller or reseller for said taxes. Each hotel and
17	room reseller or reseller shall add and collect, from the occupant or the room reseller or the
18	reseller, the full amount of the taxes imposed on the rental and other fees. When added to the
19	rental and other fees, the taxes shall be a debt owed by the occupant to the hotel or room reseller
20	or reseller, as applicable, and shall be recoverable at law in the same manner as other debts. The
21	amount of the taxes collected by the hotel and/or room reseller or reseller from the occupant
22	under this chapter shall be stated and charged separately from the rental and other fees, and shall
23	be shown separately on all records thereof, whether made at the time the transfer of occupancy
24	occurs, or on any evidence of the transfer issued or used by the hotel or the room reseller or the
25	reseller. A room reseller or reseller shall not be required to disclose to the occupant the amount of
26	tax charged by the hotel; provided, however, the room reseller or reseller shall represent to the
27	occupant that the separately stated taxes charged by the room reseller or reseller include taxes
28	charged by the hotel. No person shall operate a hotel in this state, or act as a room reseller or
29	reseller for any hotel in the state, unless the tax administrator has issued a permit pursuant to §
30	44-19-1.
31	(ii) "Travel package" means a room, or rooms, bundled with one or more other, separate
32	components of travel such as air transportation, car rental, or similar items, which travel package
33	is charged to the customer or occupant for a single, retail price. When the room occupancy is
34	bundled for a single consideration, with other property, services, amusement charges, or any other
	LC003746 - Page 176 of 621
1	items, the separate sale of which would not otherwise be subject to tax under this chapter, the
2	entire single consideration shall be treated as the rental or other fees for room occupancy subject
3	to tax under this chapter; provided, however, that where the amount of the rental, or other fees for
4	room occupancy is stated separately from the price of such other property, services, amusement
5	charges, or other items, on any sales slip, invoice, receipt, or other statement given the occupant,
6	and such rental and other fees are determined by the tax administrator to be reasonable in relation
7	to the value of such other property, services, amusement charges, or other items, only such
8	separately stated rental and other fees will be subject to tax under this chapter. The value of the
9	transfer of any room, or rooms, bundled as part of a travel package may be determined by the tax
10	administrator from the room reseller's and/or reseller's and/or hotel's books and records that are
11	kept in the regular course of business.
12	(5) Investigation, Guard, and Armored Car Services (561611, 561612 & 561613).
13	(6) Hunting, Trapping and Shooting Services (114210 & that part of 713990 applicable
14	to: archery ranges, recreational fishing clubs, fishing guide services, shooting galleries, hunting
15	guide services, recreational gun clubs, recreational hunting clubs, fishing, hunting, and game
16	outfitters, recreational rifle clubs, recreational shooting clubs, shooting ranges, skeet shooting
17	facilities, and recreational trapshooting facilities
18	(7) Lobbying Services as defined in § 42-139.1-3(a)(3)
19	(8) Computer System Design and Related Services (541511, 541512, 541513, 541519)
20	(c) All services as defined herein are required to file a business application and
21	registration form and obtain a permit to make sales at retail with the tax administrator, to charge,
22	collect, and remit Rhode Island sales and use tax.
23	(d) The tax administrator is authorized to promulgate rules and regulations in accordance
24	with the provisions of chapter 35 of title 42 to carry out the provisions, policies, and purposes of
25	this chapter.
26	SECTION 5. Effective January 1, 2021, section 44-18-7.3 of the General Laws in
27	Chapter 44-18 entitled “Sales and Use Taxes – Liability and Computation” is hereby amended to
28	read as follows:
29	44-18-7.3. Services defined.
30	(a) "Services" means all activities engaged in for other persons for a fee, retainer,
31	commission, or other monetary charge, which activities involve the performance of a service in
32	this state as distinguished from selling property.
	LC003746 - Page 177 of 621
1	(b) The following businesses and services performed in this state, along with the
2	applicable 2017 North American Industrial Classification System (NAICS) codes, are included in
3	the definition of services:
4	(1) Taxicab and limousine services including but not limited to:
5	(i) Taxicab services including taxi dispatchers (485310); and
6	(ii) Limousine services (485320).
7	(2) Other road transportation service including but not limited to:
8	(i) Charter bus service (485510);
9	(ii) "Transportation network companies" (TNC) defined as an entity that uses a digital
10	network to connect transportation network company riders to transportation network operators
11	who provide prearranged rides. Any TNC operating in this state is a retailer as provided in § 44-
12	18-15 and is required to file a business application and registration form and obtain a permit to
13	make sales at retail with the tax administrator, to charge, collect, and remit Rhode Island sales
14	and use tax; and
15	(iii) All other transit and ground passenger transportation (485999).
16	(3) Pet care services (812910) except veterinary and testing laboratories services.
17	(4)(i) "Room reseller" or "reseller" means any person, except a tour operator as defined in
18	§ 42-63.1-2, having any right, permission, license, or other authority from or through a hotel as
19	defined in § 42-63.1-2, to reserve, or arrange the transfer of occupancy of, accommodations the
20	reservation or transfer of which is subject to this chapter, such that the occupant pays all or a
21	portion of the rental and other fees to the room reseller or reseller. Room reseller or reseller shall
22	include, but not be limited to, sellers of travel packages as defined in this section.
23	Notwithstanding the provisions of any other law, where said reservation or transfer of occupancy
24	is done using a room reseller or reseller, the application of the sales and use tax under §§ 44-18-
25	18 and 44-18-20, and the hotel tax under § 44-18-36.1 shall be as follows: The room reseller or
26	reseller is required to register with, and shall collect and pay to, the tax administrator the sales
27	and use and hotel taxes, with said taxes being calculated upon the amount of rental and other fees
28	paid by the occupant to the room reseller or reseller, less the amount of any rental and other fees
29	paid by the room reseller or reseller to the hotel. The hotel shall collect and pay to the tax
30	administrator said taxes upon the amount of rental and other fees paid to the hotel by the room
31	reseller or reseller and/or the occupant. No assessment shall be made by the tax administrator
32	against a hotel because of an incorrect remittance of the taxes under this chapter by a room
33	reseller or reseller. No assessment shall be made by the tax administrator against a room reseller
34	or reseller because of an incorrect remittance of the taxes under this chapter by a hotel. If the
	LC003746 - Page 178 of 621
1	hotel has paid the taxes imposed under this chapter, the occupant and/or room reseller or reseller,
2	as applicable, shall reimburse the hotel for said taxes. If the room reseller or reseller has paid said
3	taxes, the occupant shall reimburse the room reseller or reseller for said taxes. Each hotel and
4	room reseller or reseller shall add and collect, from the occupant or the room reseller or the
5	reseller, the full amount of the taxes imposed on the rental and other fees. When added to the
6	rental and other fees, the taxes shall be a debt owed by the occupant to the hotel or room reseller
7	or reseller, as applicable, and shall be recoverable at law in the same manner as other debts. The
8	amount of the taxes collected by the hotel and/or room reseller or reseller from the occupant
9	under this chapter shall be stated and charged separately from the rental and other fees, and shall
10	be shown separately on all records thereof, whether made at the time the transfer of occupancy
11	occurs, or on any evidence of the transfer issued or used by the hotel or the room reseller or the
12	reseller. A room reseller or reseller shall not be required to disclose to the occupant the amount of
13	tax charged by the hotel; provided, however, the room reseller or reseller shall represent to the
14	occupant that the separately stated taxes charged by the room reseller or reseller include taxes
15	charged by the hotel. No person shall operate a hotel in this state, or act as a room reseller or
16	reseller for any hotel in the state, unless the tax administrator has issued a permit pursuant to §
17	44-19-1.
18	(ii) "Travel package" means a room, or rooms, bundled with one or more other, separate
19	components of travel such as air transportation, car rental, or similar items, which travel package
20	is charged to the customer or occupant for a single, retail price. When the room occupancy is
21	bundled for a single consideration, with other property, services, amusement charges, or any other
22	items, the separate sale of which would not otherwise be subject to tax under this chapter, the
23	entire single consideration shall be treated as the rental or other fees for room occupancy subject
24	to tax under this chapter; provided, however, that where the amount of the rental, or other fees for
25	room occupancy is stated separately from the price of such other property, services, amusement
26	charges, or other items, on any sales slip, invoice, receipt, or other statement given the occupant,
27	and such rental and other fees are determined by the tax administrator to be reasonable in relation
28	to the value of such other property, services, amusement charges, or other items, only such
29	separately stated rental and other fees will be subject to tax under this chapter. The value of the
30	transfer of any room, or rooms, bundled as part of a travel package may be determined by the tax
31	administrator from the room reseller's and/or reseller's and/or hotel's books and records that are
32	kept in the regular course of business.
33	(5) Investigation, Guard, and Armored Car Services (561611, 561612 & 561613).
	LC003746 - Page 179 of 621
1	(6) Hunting, Trapping and Shooting Services (114210 & that part of 713990 applicable
2	to: archery ranges, recreational fishing clubs, fishing guide services, shooting galleries, hunting
3	guide services, recreational gun clubs, recreational hunting clubs, fishing, hunting, and game
4	outfitters, recreational rifle clubs, recreational shooting clubs, shooting ranges, skeet shooting
5	facilities, and recreational trapshooting facilities
6	(7) Lobbying Services as defined in § 42-139.1-3(a)(3)
7	(8) Computer System Design and Related Services (541511, 541512, 541513, 541519)
8	(9) Interior Design Services (541410)
9	(10) Couriers and Messengers (492110, 492210) (Couriers and Messengers services shall
10	be distinct and separate from “delivery charges” as defined and taxed in this chapter.)
11	(c) All services as defined herein are required to file a business application and
12	registration form and obtain a permit to make sales at retail with the tax administrator, to charge,
13	collect, and remit Rhode Island sales and use tax.
14	(d) The tax administrator is authorized to promulgate rules and regulations in accordance
15	with the provisions of chapter 35 of title 42 to carry out the provisions, policies, and purposes of
16	this chapter.
17	SECTION 6. Sections 44-18-18.1, 44-18-30, and 44-18-36.1 of the General Laws in
18	Chapter 44-18 entitled "Sales and Use Taxes – Liability and Computation" is hereby amended as
19	follows:
20	44-18-18.1. Local meals and beverage tax.
21	(a) There is hereby levied and imposed, upon every purchaser of a meal and/or beverage,
22	in addition to all other taxes and fees now imposed by law, a local meals and beverage tax upon
23	each and every meal and/or beverage sold within the state of Rhode Island in or from an eating
24	and/or drinking establishment, whether prepared in the eating and/or drinking establishment or
25	not and whether consumed at the premises or not, at a rate of one percent of the gross receipts.
26	The tax shall be paid to the tax administrator by the retailer at the time and in the manner
27	provided.
28	(b) All sums received by the division of taxation under this section as taxes, penalties, or
29	forfeitures, interest, costs of suit, and fines shall be distributed at least quarterly and credited and
30	paid by the state treasurer to the city or town where the meals and beverages are delivered. With
31	respect to the revenue collected by the division of taxation on behalf of each municipality in this
32	section, before distributing said revenue to the municipalities, a two percent (2%) administrative
33	fee shall be deducted therefrom and transferred to the general fund.
34	(c) When used in this section, the following words have the following meanings:
	LC003746 - Page 180 of 621
1	(1) "Beverage" means all nonalcoholic beverages, as well as alcoholic beverages, beer,
2	lager beer, ale, porter, wine, similar fermented malt, or vinous liquor.
3	(2) "Eating and/or drinking establishment" means and includes restaurants, bars, taverns,
4	lounges, cafeterias, lunch counters, drive-ins, roadside ice cream and refreshment stands, fish-
5	and-chip places, fried chicken places, pizzerias, food-and-drink concessions, or similar facilities
6	in amusement parks, bowling alleys, clubs, caterers, drive-in theatres, industrial plants, race
7	tracks, shore resorts or other locations, lunch carts, mobile canteens and other similar vehicles,
8	and other like places of business that furnish or provide facilities for immediate consumption of
9	food at tables, chairs, or, counters or from trays, plates, cups, or other tableware, or in parking
10	facilities provided primarily for the use of patrons in consuming products purchased at the
11	location. Ordinarily, eating establishment does not mean and include food stores and
12	supermarkets. Eating establishments does not mean "vending machines," a self-contained
13	automatic device that dispenses for sale foods, beverages, or confection products. Retailers
14	selling prepared foods in bulk, either in customer-furnished containers or in the seller's
15	containers, for example "Soup and Sauce" establishments, are deemed to be selling prepared
16	foods ordinarily for immediate consumption and, as such, are considered eating establishments.
17	(3) "Meal" means any prepared food or beverage offered or held out for sale by an eating
18	and/or drinking establishment for the purpose of being consumed by any person to satisfy the
19	appetite and that is ready for immediate consumption. All such food and beverage, unless
20	otherwise specifically exempted or excluded herein shall be included, whether intended to be
21	consumed on the seller's premises or elsewhere, whether designated as breakfast, lunch, snack,
22	dinner, supper, or by some other name, and without regard to the manner, time, or place of
23	service.
24	(d) This local meals and beverage tax shall be administered and collected by the division
25	of taxation, and unless provided to the contrary in this chapter, all of the administration,
26	collection, and other provisions of chapters 18 and 19 of this title apply.
27	44-18-30. Gross receipts exempt from sales and use taxes.
28	There are exempted from the taxes imposed by this chapter the following gross receipts:
29	(1) Sales and uses beyond constitutional power of state. From the sale and from the
30	storage, use, or other consumption in this state of tangible personal property the gross receipts
31	from the sale of which, or the storage, use, or other consumption of which, this state is prohibited
32	from taxing under the Constitution of the United States or under the constitution of this state.
33	(2) Newspapers.
	LC003746 - Page 181 of 621
1	(i) From the sale and from the storage, use, or other consumption in this state of any
2	newspaper.
3	(ii) "Newspaper" means an unbound publication printed on newsprint that contains news,
4	editorial comment, opinions, features, advertising matter, and other matters of public interest.
5	(iii) "Newspaper" does not include a magazine, handbill, circular, flyer, sales catalog, or
6	similar item unless the item is printed for, and distributed as, a part of a newspaper.
7	(3) School meals. From the sale and from the storage, use, or other consumption in this
8	state of meals served by public, private, or parochial schools, school districts, colleges,
9	universities, student organizations, and parent-teacher associations to the students or teachers of a
10	school, college, or university whether the meals are served by the educational institutions or by a
11	food service or management entity under contract to the educational institutions.
12	(4) Containers.
13	(i) From the sale and from the storage, use, or other consumption in this state of:
14	(A) Non-returnable containers, including boxes, paper bags, and wrapping materials that
15	are biodegradable and all bags and wrapping materials utilized in the medical and healing arts,
16	when sold without the contents to persons who place the contents in the container and sell the
17	contents with the container.
18	(B) Containers when sold with the contents if the sale price of the contents is not required
19	to be included in the measure of the taxes imposed by this chapter.
20	(C) Returnable containers when sold with the contents in connection with a retail sale of
21	the contents or when resold for refilling.
22	(D) Keg and barrel containers, whether returnable or not, when sold to alcoholic beverage
23	producers who place the alcoholic beverages in the containers.
24	(ii) As used in this subdivision, the term "returnable containers" means containers of a
25	kind customarily returned by the buyer of the contents for reuse. All other containers are "non-
26	returnable containers."
27	(5)(i) Charitable, educational, and religious organizations. From the sale to, as in
28	defined in this section, and from the storage, use, and other consumption in this state, or any other
29	state of the United States of America, of tangible personal property by hospitals not operated for a
30	profit; "educational institutions" as defined in subdivision (18) not operated for a profit; churches,
31	orphanages, and other institutions or organizations operated exclusively for religious or charitable
32	purposes; interest-free loan associations not operated for profit; nonprofit, organized sporting
33	leagues and associations and bands for boys and girls under the age of nineteen (19) years; the
34	following vocational student organizations that are state chapters of national vocational student
	LC003746 - Page 182 of 621
1	organizations: Distributive Education Clubs of America (DECA); Future Business Leaders of
2	America, Phi Beta Lambda (FBLA/PBL); Future Farmers of America (FFA); Future
3	Homemakers of America/Home Economics Related Occupations (FHA/HERD); Vocational
4	Industrial Clubs of America (VICA); organized nonprofit golden age and senior citizens clubs for
5	men and women; and parent-teacher associations; and from the sale, storage, use, and other
6	consumption in this state, of and by the Industrial Foundation of Burrillville, a Rhode Island
7	domestic nonprofit corporation.
8	(ii) In the case of contracts entered into with the federal government, its agencies, or
9	instrumentalities, this state, or any other state of the United States of America, its agencies, any
10	city, town, district, or other political subdivision of the states; hospitals not operated for profit;
11	educational institutions not operated for profit; churches, orphanages, and other institutions or
12	organizations operated exclusively for religious or charitable purposes, the contractor may
13	purchase such materials and supplies (materials and/or supplies are defined as those that are
14	essential to the project) that are to be utilized in the construction of the projects being performed
15	under the contracts without payment of the tax.
16	(iii) The contractor shall not charge any sales or use tax to any exempt agency,
17	institution, or organization but shall in that instance provide his or her suppliers with certificates
18	in the form as determined by the division of taxation showing the reason for exemption and the
19	contractor's records must substantiate the claim for exemption by showing the disposition of all
20	property so purchased. If any property is then used for a nonexempt purpose, the contractor must
21	pay the tax on the property used.
22	(6) Gasoline. From the sale and from the storage, use, or other consumption in this state
23	of: (i) Gasoline and other products taxed under chapter 36 of title 31 and (ii) Fuels used for the
24	propulsion of airplanes.
25	(7) Purchase for manufacturing purposes.
26	(i) From the sale and from the storage, use, or other consumption in this state of computer
27	software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration,
28	and water, when the property or service is purchased for the purpose of being manufactured into a
29	finished product for resale and becomes an ingredient, component, or integral part of the
30	manufactured, compounded, processed, assembled, or prepared product, or if the property or
31	service is consumed in the process of manufacturing for resale computer software, tangible
32	personal property, electricity, natural gas, artificial gas, steam, refrigeration, or water.
33	(ii) "Consumed" means destroyed, used up, or worn out to the degree or extent that the
34	property cannot be repaired, reconditioned, or rendered fit for further manufacturing use.
	LC003746 - Page 183 of 621
1	(iii) "Consumed" includes mere obsolescence.
2	(iv) "Manufacturing" means and includes: manufacturing, compounding, processing,
3	assembling, preparing, or producing.
4	(v) "Process of manufacturing" means and includes all production operations performed
5	in the producing or processing room, shop, or plant, insofar as the operations are a part of and
6	connected with the manufacturing for resale of tangible personal property, electricity, natural gas,
7	artificial gas, steam, refrigeration, or water and all production operations performed insofar as the
8	operations are a part of and connected with the manufacturing for resale of computer software.
9	(vi) "Process of manufacturing" does not mean or include administration operations such
10	as general office operations, accounting, collection, or sales promotion, nor does it mean or
11	include distribution operations that occur subsequent to production operations, such as handling,
12	storing, selling, and transporting the manufactured products, even though the administration and
13	distribution operations are performed by, or in connection with, a manufacturing business.
14	(8) State and political subdivisions. From the sale to, and from the storage, use, or other
15	consumption by, this state, any city, town, district, or other political subdivision of this state.
16	Every redevelopment agency created pursuant to chapter 31 of title 45 is deemed to be a
17	subdivision of the municipality where it is located.
18	(9) Food and food ingredients. From the sale and storage, use, or other consumption in
19	this state of food and food ingredients as defined in § 44-18-7.1(l).
20	For the purposes of this exemption "food and food ingredients" shall not include candy, soft
21	drinks, dietary supplements, alcoholic beverages, tobacco, food sold through vending machines,
22	or prepared food, as those terms are defined in § 44-18-7.1, unless the prepared food is:
23	(i) Sold by a seller whose primary NAICS classification is manufacturing in sector 311,
24	except sub-sector 3118, (bakeries);
25	(ii) Sold in an unheated state by weight or volume as a single item;
26	(iii) Bakery items, including: bread, rolls, buns, biscuits, bagels, croissants, pastries,
27	donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas; and
28	is not sold with utensils provided by the seller, including: plates, knives, forks, spoons, glasses,
29	cups, napkins, or straws.
30	(10) Medicines, drugs, and durable medical equipment. From the sale and from the
31	storage, use, or other consumption in this state, of:
32	(i) "Drugs" as defined in § 44-18-7.1(h)(i), sold on prescriptions, medical oxygen, and
33	insulin whether or not sold on prescription. For purposes of this exemption drugs shall not
	LC003746 - Page 184 of 621
1	include over-the-counter drugs and grooming and hygiene products as defined in § 44-18-
2	7.1(h)(iii).
3	(ii) Durable medical equipment as defined in § 44-18-7.1(k) for home use only,
4	including, but not limited to: syringe infusers, ambulatory drug delivery pumps, hospital beds,
5	convalescent chairs, and chair lifts. Supplies used in connection with syringe infusers and
6	ambulatory drug delivery pumps that are sold on prescription to individuals to be used by them to
7	dispense or administer prescription drugs, and related ancillary dressings and supplies used to
8	dispense or administer prescription drugs, shall also be exempt from tax.
9	(11) Prosthetic devices and mobility enhancing equipment. From the sale and from the
10	storage, use, or other consumption in this state, of prosthetic devices as defined in § 44-18-7.1(t),
11	sold on prescription, including, but not limited to: artificial limbs, dentures, spectacles,
12	eyeglasses, and artificial eyes; artificial hearing devices and hearing aids, whether or not sold on
13	prescription; and mobility enhancing equipment as defined in § 44-18-7.1(p), including
14	wheelchairs, crutches, and canes.
15	(12) Coffins, caskets, urns, shrouds and burial garments. From the sale and from the
16	storage, use, or other consumption in this state of coffins, caskets, urns, shrouds, and other burial
17	garments that are ordinarily sold by a funeral director as part of the business of funeral directing.
18	(13) Motor vehicles sold to nonresidents.
19	(i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide
20	nonresident of this state who does not register the motor vehicle in this state, whether the sale or
21	delivery of the motor vehicle is made in this state or at the place of residence of the nonresident.
22	A motor vehicle sold to a bona fide nonresident whose state of residence does not allow a like
23	exemption to its nonresidents is not exempt from the tax imposed under § 44-18-20. In that event,
24	the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that
25	would be imposed in his or her state of residence not to exceed the rate that would have been
26	imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed motor vehicle
27	dealer shall add and collect the tax required under this subdivision and remit the tax to the tax
28	administrator under the provisions of chapters 18 and 19 of this title. When a Rhode Island
29	licensed, motor vehicle dealer is required to add and collect the sales and use tax on the sale of a
30	motor vehicle to a bona fide nonresident as provided in this section, the dealer in computing the
31	tax takes into consideration the law of the state of the nonresident as it relates to the trade-in of
32	motor vehicles.
33	(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may
34	require any licensed motor vehicle dealer to keep records of sales to bona fide nonresidents as the
	LC003746 - Page 185 of 621
1	tax administrator deems reasonably necessary to substantiate the exemption provided in this
2	subdivision, including the affidavit of a licensed motor vehicle dealer that the purchaser of the
3	motor vehicle was the holder of, and had in his or her possession a valid out-of-state motor
4	vehicle registration or a valid out-of-state driver's license.
5	(iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days of
6	the date of its sale to him or her is deemed to have purchased the motor vehicle for use, storage,
7	or other consumption in this state, and is subject to, and liable for, the use tax imposed under the
8	provisions of § 44-18-20.
9	(14) Sales in public buildings by blind people. From the sale and from the storage, use, or
10	other consumption in all public buildings in this state of all products or wares by any person
11	licensed under § 40-9-11.1.
12	(15) Air and water pollution control facilities. From the sale, storage, use, or other
13	consumption in this state of tangible personal property or supplies acquired for incorporation into
14	or used and consumed in the operation of a facility, the primary purpose of which is to aid in the
15	control of the pollution or contamination of the waters or air of the state, as defined in chapter 12
16	of title 46 and chapter 23 of title 23, respectively, and that has been certified as approved for that
17	purpose by the director of environmental management. The director of environmental
18	management may certify to a portion of the tangible personal property or supplies acquired for
19	incorporation into those facilities or used and consumed in the operation of those facilities to the
20	extent that that portion has as its primary purpose the control of the pollution or contamination of
21	the waters or air of this state. As used in this subdivision, "facility" means any land, facility,
22	device, building, machinery, or equipment.
23	(16) Camps. From the rental charged for living quarters, or sleeping, or housekeeping
24	accommodations at camps or retreat houses operated by religious, charitable, educational, or
25	other organizations and associations mentioned in subsection (5), or by privately owned and
26	operated summer camps for children.
27	(17) Certain institutions. From the rental charged for living or sleeping quarters in an
28	institution licensed by the state for the hospitalization, custodial, or nursing care of human beings.
29	(18) Educational institutions. From the rental charged by any educational institution for
30	living quarters, or sleeping, or housekeeping accommodations or other rooms or accommodations
31	to any student or teacher necessitated by attendance at an educational institution. "Educational
32	institution" as used in this section means an institution of learning not operated for profit that is
33	empowered to confer diplomas, educational, literary, or academic degrees; that has a regular
34	faculty, curriculum, and organized body of pupils or students in attendance throughout the usual
	LC003746 - Page 186 of 621
1	school year; that keeps and furnishes to students and others records required and accepted for
2	entrance to schools of secondary, collegiate, or graduate rank; and no part of the net earnings of
3	which inures to the benefit of any individual.
4	(19) Motor vehicle and adaptive equipment for persons with disabilities.
5	(i) From the sale of: (A) Special adaptations; (B) The component parts of the special
6	adaptations; or (C) A specially adapted motor vehicle; provided that the owner furnishes to the
7	tax administrator an affidavit of a licensed physician to the effect that the specially adapted motor
8	vehicle is necessary to transport a family member with a disability or where the vehicle has been
9	specially adapted to meet the specific needs of the person with a disability. This exemption
10	applies to not more than one motor vehicle owned and registered for personal, noncommercial
11	use.
12	(ii) For the purpose of this subsection the term "special adaptations" includes, but is not
13	limited to: wheelchair lifts, wheelchair carriers, wheelchair ramps, wheelchair securements, hand
14	controls, steering devices, extensions, relocations, and crossovers of operator controls, power-
15	assisted controls, raised tops or dropped floors, raised entry doors, or alternative signaling devices
16	to auditory signals.
17	(iii) From the sale of: (a) Special adaptations, (b) The component parts of the special
18	adaptations, for a "wheelchair accessible taxicab" as defined in § 39-14-1, and/or a "wheelchair
19	accessible public motor vehicle" as defined in § 39-14.1-1.
20	(iv) For the purpose of this subdivision the exemption for a "specially adapted motor
21	vehicle" means a use tax credit not to exceed the amount of use tax that would otherwise be due
22	on the motor vehicle, exclusive of any adaptations. The use tax credit is equal to the cost of the
23	special adaptations, including installation.
24	(20) Heating fuels. From the sale and from the storage, use, or other consumption in this
25	state of every type of heating fuel.
26	(21) Electricity and gas. From the sale and from the storage, use, or other consumption in
27	this state of electricity and gas.
28	(22) Manufacturing machinery and equipment.
29	(i) From the sale and from the storage, use, or other consumption in this state of tools,
30	dies, molds, machinery, equipment (including replacement parts), and related items to the extent
31	used in an industrial plant in connection with the actual manufacture, conversion, or processing of
32	tangible personal property, or to the extent used in connection with the actual manufacture,
33	conversion, or processing of computer software as that term is utilized in industry numbers 7371,
34	7372, and 7373 in the standard industrial classification manual prepared by the Technical
	LC003746 - Page 187 of 621
1	Committee on Industrial Classification, Office of Statistical Standards, Executive Office of the
2	President, United States Bureau of the Budget, as revised from time to time, to be sold, or that
3	machinery and equipment used in the furnishing of power to an industrial manufacturing plant.
4	For the purposes of this subdivision, "industrial plant" means a factory at a fixed location
5	primarily engaged in the manufacture, conversion, or processing of tangible personal property to
6	be sold in the regular course of business;
7	(ii) Machinery and equipment and related items are not deemed to be used in connection
8	with the actual manufacture, conversion, or processing of tangible personal property, or in
9	connection with the actual manufacture, conversion, or processing of computer software as that
10	term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification
11	manual prepared by the Technical Committee on Industrial Classification, Office of Statistical
12	Standards, Executive Office of the President, United States Bureau of the Budget, as revised from
13	time to time, to be sold to the extent the property is used in administration or distribution
14	operations;
15	(iii) Machinery and equipment and related items used in connection with the actual
16	manufacture, conversion, or processing of any computer software or any tangible personal
17	property that is not to be sold and that would be exempt under subdivision (7) or this subdivision
18	if purchased from a vendor or machinery and equipment and related items used during any
19	manufacturing, converting, or processing function is exempt under this subdivision even if that
20	operation, function, or purpose is not an integral or essential part of a continuous production flow
21	or manufacturing process;
22	(iv) Where a portion of a group of portable or mobile machinery is used in connection
23	with the actual manufacture, conversion, or processing of computer software or tangible personal
24	property to be sold, as previously defined, that portion, if otherwise qualifying, is exempt under
25	this subdivision even though the machinery in that group is used interchangeably and not
26	otherwise identifiable as to use.
27	(23) Trade-in value of motor vehicles. From the sale and from the storage, use, or other
28	consumption in this state of so much of the purchase price paid for a new or used automobile as is
29	allocated for a trade-in allowance on the automobile of the buyer given in trade to the seller, or of
30	the proceeds applicable only to the automobile as are received from the manufacturer of
31	automobiles for the repurchase of the automobile whether the repurchase was voluntary or not
32	towards the purchase of a new or used automobile by the buyer. For the purpose of this
33	subdivision, the word "automobile" means a private passenger automobile not used for hire and
34	does not refer to any other type of motor vehicle.
	LC003746 - Page 188 of 621
1	(24) Precious metal bullion.
2	(i) From the sale and from the storage, use, or other consumption in this state of precious
3	metal bullion, substantially equivalent to a transaction in securities or commodities.
4	(ii) For purposes of this subdivision, "precious metal bullion" means any elementary
5	precious metal that has been put through a process of smelting or refining, including, but not
6	limited to: gold, silver, platinum, rhodium, and chromium, and that is in a state or condition that
7	its value depends upon its content and not upon its form.
8	(iii) The term does not include fabricated precious metal that has been processed or
9	manufactured for some one or more specific and customary industrial, professional, or artistic
10	uses.
11	(25) Commercial vessels. From sales made to a commercial ship, barge, or other vessel of
12	fifty (50) tons burden or over, primarily engaged in interstate or foreign commerce, and from the
13	repair, alteration, or conversion of the vessels, and from the sale of property purchased for the use
14	of the vessels including provisions, supplies, and material for the maintenance and/or repair of the
15	vessels.
16	(26) Commercial fishing vessels. From the sale and from the storage, use, or other
17	consumption in this state of vessels and other watercraft that are in excess of five (5) net tons and
18	that are used exclusively for "commercial fishing," as defined in this subdivision, and from the
19	repair, alteration, or conversion of those vessels and other watercraft, and from the sale of
20	property purchased for the use of those vessels and other watercraft including provisions,
21	supplies, and material for the maintenance and/or repair of the vessels and other watercraft and
22	the boats nets, cables, tackle, and other fishing equipment appurtenant to or used in connection
23	with the commercial fishing of the vessels and other watercraft. "Commercial fishing" means
24	taking or attempting to take any fish, shellfish, crustacea, or bait species with the intent of
25	disposing of it for profit or by sale, barter, trade, or in commercial channels. The term does not
26	include subsistence fishing, i.e., the taking for personal use and not for sale or barter; or sport
27	fishing; but shall include vessels and other watercraft with a Rhode Island party and charter boat
28	license issued by the department of environmental management pursuant to § 20-2-27.1 that meet
29	the following criteria: (i) The operator must have a current United States Coast Guard (U.S.C.G.)
30	license to carry passengers for hire; (ii) U.S.C.G. vessel documentation in the coast wide fishery
31	trade; (iii) U.S.C.G. vessel documentation as to proof of Rhode Island home port status or a
32	Rhode Island boat registration to prove Rhode Island home port status; and (iv) The vessel must
33	be used as a commercial passenger carrying fishing vessel to carry passengers for fishing. The
34	vessel must be able to demonstrate that at least fifty percent (50%) of its annual gross income
	LC003746 - Page 189 of 621
1	derives from charters or provides documentation of a minimum of one hundred (100) charter trips
2	annually; and (v) The vessel must have a valid Rhode Island party and charter boat license. The
3	tax administrator shall implement the provisions of this subdivision by promulgating rules and
4	regulations relating thereto.
5	(27) Clothing and footwear. From the sales of articles of clothing, including footwear,
6	intended to be worn or carried on or about the human body for sales prior to October 1, 2012.
7	Effective October 1, 2012, the exemption will apply to the sales of articles of clothing, including
8	footwear, intended to be worn or carried on or about the human body up to two hundred and fifty
9	dollars ($250) of the sales price per item. For the purposes of this section, "clothing or footwear"
10	does not include clothing accessories or equipment or special clothing or footwear primarily
11	designed for athletic activity or protective use as these terms are defined in section 44-18-7.1(f).
12	In recognition of the work being performed by the streamlined sales and use tax governing board,
13	upon passage of any federal law that authorizes states to require remote sellers to collect and
14	remit sales and use taxes, this unlimited exemption will apply as it did prior to October 1, 2012.
15	The unlimited exemption on sales of clothing and footwear shall take effect on the date that the
16	state requires remote sellers to collect and remit sales and use taxes.
17	(28) Water for residential use. From the sale and from the storage, use, or other
18	consumption in this state of water furnished for domestic use by occupants of residential
19	premises.
20	(29) Bibles. [Unconstitutional; see Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see Notes
21	to Decisions.] From the sale and from the storage, use, or other consumption in the state of any
22	canonized scriptures of any tax-exempt nonprofit religious organization including, but not limited
23	to, the Old Testament and the New Testament versions.
24	(30) Boats.
25	(i) From the sale of a boat or vessel to a bona fide nonresident of this state who does not
26	register the boat or vessel in this state or document the boat or vessel with the United States
27	government at a home port within the state, whether the sale or delivery of the boat or vessel is
28	made in this state or elsewhere; provided, that the nonresident transports the boat within thirty
29	(30) days after delivery by the seller outside the state for use thereafter solely outside the state.
30	(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may
31	require the seller of the boat or vessel to keep records of the sales to bona fide nonresidents as the
32	tax administrator deems reasonably necessary to substantiate the exemption provided in this
33	subdivision, including the affidavit of the seller that the buyer represented himself or herself to be
34	a bona fide nonresident of this state and of the buyer that he or she is a nonresident of this state.
	LC003746 - Page 190 of 621
1	(31) Youth activities equipment. From the sale, storage, use, or other consumption in this
2	state of items for not more than twenty dollars ($20.00) each by nonprofit Rhode Island
3	eleemosynary organizations, for the purposes of youth activities that the organization is formed to
4	sponsor and support; and by accredited elementary and secondary schools for the purposes of the
5	schools or of organized activities of the enrolled students.
6	(32) Farm equipment. From the sale and from the storage or use of machinery and
7	equipment used directly for commercial farming and agricultural production; including, but not
8	limited to: tractors, ploughs, harrows, spreaders, seeders, milking machines, silage conveyors,
9	balers, bulk milk storage tanks, trucks with farm plates, mowers, combines, irrigation equipment,
10	greenhouses and greenhouse coverings, graders and packaging machines, tools and supplies and
11	other farming equipment, including replacement parts appurtenant to or used in connection with
12	commercial farming and tools and supplies used in the repair and maintenance of farming
13	equipment. "Commercial farming" means the keeping or boarding of five (5) or more horses or
14	the production within this state of agricultural products, including, but not limited to, field or
15	orchard crops, livestock, dairy, and poultry, or their products, where the keeping, boarding, or
16	production provides at least two thousand five hundred dollars ($2,500) in annual gross sales to
17	the operator, whether an individual, a group, a partnership, or a corporation for exemptions issued
18	prior to July 1, 2002. For exemptions issued or renewed after July 1, 2002, there shall be two (2)
19	levels. Level I shall be based on proof of annual, gross sales from commercial farming of at least
20	twenty-five hundred dollars ($2,500) and shall be valid for purchases subject to the exemption
21	provided in this subdivision except for motor vehicles with an excise tax value of five thousand
22	dollars ($5,000) or greater. Level II shall be based on proof of annual gross sales from
23	commercial farming of at least ten thousand dollars ($10,000) or greater and shall be valid for
24	purchases subject to the exemption provided in this subdivision including motor vehicles with an
25	excise tax value of five thousand dollars ($5,000) or greater. For the initial issuance of the
26	exemptions, proof of the requisite amount of annual gross sales from commercial farming shall be
27	required for the prior year; for any renewal of an exemption granted in accordance with this
28	subdivision at either level I or level II, proof of gross annual sales from commercial farming at
29	the requisite amount shall be required for each of the prior two (2) years. Certificates of
30	exemption issued or renewed after July 1, 2002, shall clearly indicate the level of the exemption
31	and be valid for four (4) years after the date of issue. This exemption applies even if the same
32	equipment is used for ancillary uses, or is temporarily used for a non-farming or a non-
33	agricultural purpose, but shall not apply to motor vehicles acquired after July 1, 2002, unless the
	LC003746 - Page 191 of 621
1	vehicle is a farm vehicle as defined pursuant to § 31-1-8 and is eligible for registration displaying
2	farm plates as provided for in § 31-3-31.
3	(33) Compressed air. From the sale and from the storage, use, or other consumption in
4	the state of compressed air.
5	(34) Flags. From the sale and from the storage, consumption, or other use in this state of
6	United States, Rhode Island or POW-MIA flags.
7	(35) Motor vehicle and adaptive equipment to certain veterans. From the sale of a motor
8	vehicle and adaptive equipment to and for the use of a veteran with a service-connected loss of or
9	the loss of use of a leg, foot, hand, or arm, or any veteran who is a double amputee, whether
10	service connected or not. The motor vehicle must be purchased by and especially equipped for
11	use by the qualifying veteran. Certificate of exemption or refunds of taxes paid is granted under
12	rules or regulations that the tax administrator may prescribe.
13	(36) Textbooks. From the sale and from the storage, use, or other consumption in this
14	state of textbooks by an "educational institution," as defined in subsection (18) of this section,
15	and any educational institution within the purview of § 16-63-9(4), and used textbooks by any
16	purveyor.
17	(37) Tangible personal property and supplies used in on-site hazardous waste recycling,
18	reuse, or treatment. From the sale, storage, use, or other consumption in this state of tangible
19	personal property or supplies used or consumed in the operation of equipment, the exclusive
20	function of which is the recycling, reuse, or recovery of materials (other than precious metals, as
21	defined in subdivision (24)(ii) of this section) from the treatment of "hazardous wastes," as
22	defined in § 23-19.1-4, where the "hazardous wastes" are generated in Rhode Island solely by the
23	same taxpayer and where the personal property is located at, in, or adjacent to a generating
24	facility of the taxpayer in Rhode Island. The taxpayer shall procure an order from the director of
25	the department of environmental management certifying that the equipment and/or supplies as
26	used or consumed, qualify for the exemption under this subdivision. If any information relating to
27	secret processes or methods of manufacture, production, or treatment is disclosed to the
28	department of environmental management only to procure an order, and is a "trade secret" as
29	defined in § 28-21-10(b), it is not open to public inspection or publicly disclosed unless
30	disclosure is required under chapter 21 of title 28 or chapter 24.4 of title 23.
31	(38) Promotional and product literature of boat manufacturers. From the sale and from
32	the storage, use, or other consumption of promotional and product literature of boat
33	manufacturers shipped to points outside of Rhode Island that either: (i) Accompany the product
	LC003746 - Page 192 of 621
1	that is sold; (ii) Are shipped in bulk to out-of-state dealers for use in the sale of the product; or
2	(iii) Are mailed to customers at no charge.
3	(39) Food items paid for by food stamps. From the sale and from the storage, use, or other
4	consumption in this state of eligible food items payment for which is properly made to the retailer
5	in the form of U.S. government food stamps issued in accordance with the Food Stamp Act of
6	1977, 7 U.S.C. § 2011 et seq.
7	(40) Transportation charges. From the sale or hiring of motor carriers as defined in § 39-
8	12-2(l) to haul goods, when the contract or hiring cost is charged by a motor freight tariff filed
9	with the Rhode Island public utilities commission on the number of miles driven or by the
10	number of hours spent on the job.
11	(41) Trade-in value of boats. From the sale and from the storage, use, or other
12	consumption in this state of so much of the purchase price paid for a new or used boat as is
13	allocated for a trade-in allowance on the boat of the buyer given in trade to the seller or of the
14	proceeds applicable only to the boat as are received from an insurance claim as a result of a stolen
15	or damaged boat, towards the purchase of a new or used boat by the buyer.
16	(42) Equipment used for research and development. From the sale and from the storage,
17	use, or other consumption of equipment to the extent used for research and development purposes
18	by a qualifying firm. For the purposes of this subsection, "qualifying firm" means a business for
19	which the use of research and development equipment is an integral part of its operation and
20	"equipment" means scientific equipment, computers, software, and related items.
21	(43) Coins. From the sale and from the other consumption in this state of coins having
22	numismatic or investment value.
23	(44) Farm structure construction materials. Lumber, hardware, and other materials used
24	in the new construction of farm structures, including production facilities such as, but not limited
25	to: farrowing sheds, free stall and stanchion barns, milking parlors, silos, poultry barns, laying
26	houses, fruit and vegetable storages, rooting cellars, propagation rooms, greenhouses, packing
27	rooms, machinery storage, seasonal farm worker housing, certified farm markets, bunker and
28	trench silos, feed storage sheds, and any other structures used in connection with commercial
29	farming.
30	(45) Telecommunications carrier access service. Carrier access service or
31	telecommunications service when purchased by a telecommunications company from another
32	telecommunications company to facilitate the provision of telecommunications service.
33	(46) Boats or vessels brought into the state exclusively for winter storage, maintenance,
34	repair, or sale. Notwithstanding the provisions of §§ 44-18-10, 44-18-11 and 44-18-20, the tax
	LC003746 - Page 193 of 621
1	imposed by § 44-18-20 is not applicable for the period commencing on the first day of October in
2	any year up to and including the 30th day of April next succeeding with respect to the use of any
3	boat or vessel within this state exclusively for purposes of: (i) Delivery of the vessel to a facility
4	in this state for storage, including dry storage and storage in water by means of apparatus
5	preventing ice damage to the hull, maintenance, or repair; (ii) The actual process of storage,
6	maintenance, or repair of the boat or vessel; or (iii) Storage for the purpose of selling the boat or
7	vessel.
8	(47) Jewelry display product. From the sale and from the storage, use, or other
9	consumption in this state of tangible personal property used to display any jewelry product;
10	provided that title to the jewelry display product is transferred by the jewelry manufacturer or
11	seller and that the jewelry display product is shipped out of state for use solely outside the state
12	and is not returned to the jewelry manufacturer or seller.
13	(48) Boats or vessels generally. Notwithstanding the provisions of this chapter, the tax
14	imposed by §§ 44-18-20 and 44-18-18 shall not apply with respect to the sale and to the storage,
15	use, or other consumption in this state of any new or used boat. The exemption provided for in
16	this subdivision does not apply after October 1, 1993, unless prior to October 1, 1993, the federal
17	ten percent (10%) surcharge on luxury boats is repealed.
18	(49) Banks and regulated investment companies interstate toll-free
19	calls. Notwithstanding the provisions of this chapter, the tax imposed by this chapter does not
20	apply to the furnishing of interstate and international, toll-free terminating telecommunication
21	service that is used directly and exclusively by or for the benefit of an eligible company as
22	defined in this subdivision; provided that an eligible company employs on average during the
23	calendar year no less than five hundred (500) "full-time equivalent employees" as that term is
24	defined in § 42-64.5-2. For purposes of this section, an "eligible company" means a "regulated
25	investment company" as that term is defined in the Internal Revenue Code of 1986, 26 U.S.C. §
26	851, or a corporation to the extent the service is provided, directly or indirectly, to or on behalf of
27	a regulated investment company, an employee benefit plan, a retirement plan or a pension plan, or
28	a state-chartered bank.
29	(50) Mobile and manufactured homes generally. From the sale and from the storage, use,
30	or other consumption in this state of mobile and/or manufactured homes as defined and subject to
31	taxation pursuant to the provisions of chapter 44 of title 31.
32	(51) Manufacturing business reconstruction materials.
33	(i) From the sale and from the storage, use, or other consumption in this state of lumber,
34	hardware, and other building materials used in the reconstruction of a manufacturing business
	LC003746 - Page 194 of 621
1	facility that suffers a disaster, as defined in this subdivision, in this state. "Disaster" means any
2	occurrence, natural or otherwise, that results in the destruction of sixty percent (60%) or more of
3	an operating manufacturing business facility within this state. "Disaster" does not include any
4	damage resulting from the willful act of the owner of the manufacturing business facility.
5	(ii) Manufacturing business facility includes, but is not limited to, the structures housing
6	the production and administrative facilities.
7	(iii) In the event a manufacturer has more than one manufacturing site in this state, the
8	sixty percent (60%) provision applies to the damages suffered at that one site.
9	(iv) To the extent that the costs of the reconstruction materials are reimbursed by
10	insurance, this exemption does not apply.
11	(52) Tangible personal property and supplies used in the processing or preparation of
12	floral products and floral arrangements. From the sale, storage, use, or other consumption in this
13	state of tangible personal property or supplies purchased by florists, garden centers, or other like
14	producers or vendors of flowers, plants, floral products, and natural and artificial floral
15	arrangements that are ultimately sold with flowers, plants, floral products, and natural and
16	artificial floral arrangements or are otherwise used in the decoration, fabrication, creation,
17	processing, or preparation of flowers, plants, floral products, or natural and artificial floral
18	arrangements, including descriptive labels, stickers, and cards affixed to the flower, plant, floral
19	product, or arrangement, artificial flowers, spray materials, floral paint and tint, plant shine,
20	flower food, insecticide, and fertilizers.
21	(53) Horse food products. From the sale and from the storage, use, or other consumption
22	in this state of horse food products purchased by a person engaged in the business of the boarding
23	of horses.
24	(54) Non-motorized recreational vehicles sold to nonresidents.
25	(i) From the sale, subsequent to June 30, 2003, of a non-motorized recreational vehicle to
26	a bona fide nonresident of this state who does not register the non-motorized recreational vehicle
27	in this state, whether the sale or delivery of the non-motorized recreational vehicle is made in this
28	state or at the place of residence of the nonresident; provided that a non-motorized recreational
29	vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption
30	to its nonresidents is not exempt from the tax imposed under § 44-18-20; provided, further, that in
31	that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the
32	rate that would be imposed in his or her state of residence not to exceed the rate that would have
33	been imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed, non-
34	motorized recreational vehicle dealer shall add and collect the tax required under this subdivision
	LC003746 - Page 195 of 621
1	and remit the tax to the tax administrator under the provisions of chapters 18 and 19 of this title.
2	Provided, that when a Rhode Island licensed, non-motorized recreational vehicle dealer is
3	required to add and collect the sales and use tax on the sale of a non-motorized recreational
4	vehicle to a bona fide nonresident as provided in this section, the dealer in computing the tax
5	takes into consideration the law of the state of the nonresident as it relates to the trade-in of motor
6	vehicles.
7	(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may
8	require any licensed, non-motorized recreational vehicle dealer to keep records of sales to bona
9	fide nonresidents as the tax administrator deems reasonably necessary to substantiate the
10	exemption provided in this subdivision, including the affidavit of a licensed, non-motorized
11	recreational vehicle dealer that the purchaser of the non-motorized recreational vehicle was the
12	holder of, and had in his or her possession a valid out-of-state non-motorized recreational vehicle
13	registration or a valid out-of-state driver's license.
14	(iii) Any nonresident who registers a non-motorized recreational vehicle in this state
15	within ninety (90) days of the date of its sale to him or her is deemed to have purchased the non-
16	motorized recreational vehicle for use, storage, or other consumption in this state, and is subject
17	to, and liable for, the use tax imposed under the provisions of § 44-18-20.
18	(iv) "Non-motorized recreational vehicle" means any portable dwelling designed and
19	constructed to be used as a temporary dwelling for travel, camping, recreational, and vacation use
20	that is eligible to be registered for highway use, including, but not limited to, "pick-up coaches"
21	or "pick-up campers," "travel trailers," and "tent trailers" as those terms are defined in chapter 1
22	of title 31.
23	(55) Sprinkler and fire alarm systems in existing buildings. From the sale in this state of
24	sprinkler and fire alarm systems; emergency lighting and alarm systems; and the materials
25	necessary and attendant to the installation of those systems that are required in buildings and
26	occupancies existing therein in July 2003 in order to comply with any additional requirements for
27	such buildings arising directly from the enactment of the Comprehensive Fire Safety Act of 2003
28	and that are not required by any other provision of law or ordinance or regulation adopted
29	pursuant to that act. The exemption provided in this subdivision shall expire on December 31,
30	2008.
31	(56) Aircraft. Notwithstanding the provisions of this chapter, the tax imposed by §§ 44-
32	18-18 and 44-18-20 shall not apply with respect to the sale and to the storage, use, or other
33	consumption in this state of any new or used aircraft or aircraft parts.
	LC003746 - Page 196 of 621
1	(57) Renewable energy products. Notwithstanding any other provisions of Rhode Island
2	general laws, the following products shall also be exempt from sales tax: solar photovoltaic
3	modules or panels, or any module or panel that generates electricity from light; solar thermal
4	collectors, including, but not limited to, those manufactured with flat glass plates, extruded
5	plastic, sheet metal, and/or evacuated tubes; geothermal heat pumps, including both water-to-
6	water and water-to-air type pumps; wind turbines; towers used to mount wind turbines if
7	specified by or sold by a wind turbine manufacturer; DC to AC inverters that interconnect with
8	utility power lines; and manufactured mounting racks and ballast pans for solar collector, module,
9	or panel installation. Not to include materials that could be fabricated into such racks; monitoring
10	and control equipment, if specified or supplied by a manufacturer of solar thermal, solar
11	photovoltaic, geothermal, or wind energy systems or if required by law or regulation for such
12	systems but not to include pumps, fans or plumbing or electrical fixtures unless shipped from the
13	manufacturer affixed to, or an integral part of, another item specified on this list; and solar storage
14	tanks that are part of a solar domestic hot water system or a solar space heating system. If the tank
15	comes with an external heat exchanger it shall also be tax exempt, but a standard hot water tank is
16	not exempt from state sales tax.
17	(58) Returned property. The amount charged for property returned by customers upon
18	rescission of the contract of sale when the entire amount exclusive of handling charges paid for
19	the property is refunded in either cash or credit, and where the property is returned within one
20	hundred twenty (120) days from the date of delivery.
21	(59) Dietary supplements. From the sale and from the storage, use, or other consumption
22	of dietary supplements as defined in § 44-18-7.1(l)(v), sold on prescriptions.
23	(60) Blood. From the sale and from the storage, use, or other consumption of human
24	blood.
25	(61) Agricultural products for human consumption. From the sale and from the storage,
26	use, or other consumption of livestock and poultry of the kinds of products that ordinarily
27	constitute food for human consumption and of livestock of the kind the products of which
28	ordinarily constitute fibers for human use.
29	(62) Diesel emission control technology. From the sale and use of diesel retrofit
30	technology that is required by § 31-47.3-4.
31	(63) Feed for certain animals used in commercial farming. From the sale of feed for
32	animals as described in subsection (61) of this section.
33	(64) Alcoholic beverages. From the sale and storage, use, or other consumption in this
34	state by a Class A licensee of alcoholic beverages, as defined in § 44-18-7.1, excluding beer and
	LC003746 - Page 197 of 621
1	malt beverages; provided, further, notwithstanding § 6-13-1 or any other general or public law to
2	the contrary, alcoholic beverages, as defined in § 44-18-7.1, shall not be subject to minimum
3	markup.
4	(654) Seeds and plants used to grow food and food ingredients. From the sale, storage,
5	use, or other consumption in this state of seeds and plants used to grow food and food ingredients
6	as defined in § 44-18-7.1(l)(i). "Seeds and plants used to grow food and food ingredients" shall
7	not include marijuana seeds or plants.
8	(665) Feminine hygiene products. From the sale and from the storage, use, or other
9	consumption of tampons, panty liners, menstrual cups, sanitary napkins, and other similar
10	products the principal use of which is feminine hygiene in connection with the menstrual cycle.
11	44-18-36.1. Hotel tax.
12	(a) There is imposed a hotel tax of five percent (5%) six percent (6%) upon the total
13	consideration charged for occupancy of any space furnished by any hotel, travel packages, or
14	room reseller or reseller as defined in § 44-18-7.3(b) in this state. A house, condominium, or
15	other resident dwelling shall be exempt from the five percent (5%) six percent (6%) hotel tax
16	under this subsection if the house, condominium, or other resident dwelling is rented in its
17	entirety. The hotel tax is in addition to any sales tax imposed. This hotel tax is administered and
18	collected by the division of taxation and unless provided to the contrary in this chapter, all the
19	administration, collection, and other provisions of chapters 18 and 19 of this title apply. Nothing
20	in this chapter shall be construed to limit the powers of the convention authority of the city of
21	Providence established pursuant to the provisions of chapter 84 of the public laws of 1980, except
22	that distribution of hotel tax receipts shall be made pursuant to chapter 63.1 of title 42 rather than
23	chapter 84 of the public laws of 1980.
24	(b) There is hereby levied and imposed, upon the total consideration charged for
25	occupancy of any space furnished by any hotel in this state, in addition to all other taxes and fees
26	now imposed by law, a local hotel tax at a rate of one percent (1%). The local hotel tax shall be
27	administered and collected in accordance with subsection (a).
28	(c) All sums received by the division of taxation from the local hotel tax, penalties or
29	forfeitures, interest, costs of suit and fines shall be distributed at least quarterly, credited and paid
30	by the state treasurer to the city or town where the space for occupancy that is furnished by the
31	hotel is located. Unless provided to the contrary in this chapter, all of the administration,
32	collection, and other provisions of chapters 18 and 19 of this title shall apply.
	LC003746 - Page 198 of 621
1	(d) Notwithstanding the provisions of subsection (a) of this section, the city of Newport
2	shall have the authority to collect from hotels located in the city of Newport the tax imposed by
3	subsection (a) of this section.
4	(1) Within ten (10) days of collection of the tax, the city of Newport shall distribute the
5	tax as provided in § 42-63.1-3. No later than the first day of March and the first day of September
6	in each year in which the tax is collected, the city of Newport shall submit to the division of
7	taxation a report of the tax collected and distributed during the six (6) month period ending thirty
8	(30) days prior to the reporting date.
9	(2) The city of Newport shall have the same authority as the division of taxation to
10	recover delinquent hotel taxes pursuant to chapter 44-19, and the amount of any hotel tax, penalty
11	and interest imposed by the city of Newport until collected constitutes a lien on the real property
12	of the taxpayer.
13	SECTION 7. SECTION 1 and SECTION 4 shall be effective October 1, 2020.
14	SECTION 5 shall be effective January 1, 2021. All other sections of this article shall take effect
15	July 1, 2020.
	LC003746 - Page 199 of 621
1	ARTICLE 9
2	RELATING TO LOCAL AID
3	SECTION 1. Chapter 44-3 of the General Laws entitled “Property Subject to Taxation” is
4	hereby amended by adding thereto the following section:
5	44-3-66. Tangible Personal Property Tax Competitiveness Program.
6	(a) Findings. It is found and declared that:
7	(1) Maintaining a competitive commercial real estate and tangible personal property tax
8	structure plays an important role in improving the business climate and advancing economic
9	growth;
10	(2) Tangible personal property taxes impose certain administrative burdens and compliance
11	costs on businesses, especially small businesses;
12	(3) High tangible personal property tax rates disincentivize business investment;
13	(4) Rhode Island’s average tangible personal property effective tax rates are substantially
14	higher than those of many other states, including neighboring states;
15	(5) Municipalities rely upon tangible personal property taxes as an important source of
16	revenue; and
17	(6) The state seeks to partner with cities and towns to reduce uncompetitive tangible personal
18	property tax rates in a sustainable manner.
19	(b) Establishment of Fund. There is hereby established a tangible personal property tax
20	competitiveness program fund to provide state assistance to Rhode Island municipalities that elect
21	to reduce their commercial tangible personal property tax rates through this program.
22	(c) Administration of Fund. The division of municipal finance, in consultation with the
23	commerce corporation, shall administer the tangible personal property tax competitiveness
24	program fund.
25	(d) Allocations. In fiscal year 2022, the cost of this program shall not exceed $2.5 million,
26	and in no following fiscal year shall the cost of this program exceed $5 million.
27	(e) Application, Selection, Calculation, and Distribution of Funds. The division of municipal
28	finance, in consultation with the commerce corporation, shall develop rules and regulations that
29	establish processes relating to the application, selection, calculation, distribution of funds, and
30	other provisions as are necessary to implement the program, including:
31	(1) Preliminary Applications: Beginning in fiscal year 2021 all municipalities requesting
32	consideration for aid under this program shall submit a preliminary application to the division of
33	municipal finance. The preliminary application shall include but not be limited to:
34	(i) the rate to which a municipality’s tangible personal property tax will be reduced;
	LC003746 - Page 200 of 621
1	(ii) the effective date for the rate reduction;
2	(iii) methods for sustaining the rate reduction over time;
3	(iv) evidence that the municipality’s reduction of the tangible personal property rate
4	complies with all applicable property tax classification laws and local ordinances;
5	(v) a representation of a municipality’s ability to reduce its tangible personal property tax rate
6	while complying with the levy cap requirements as provided for under §44-5-2.
7	(2) Method for Calculating Payments: The division of municipal finance, in consultation with
8	the commerce corporation, shall develop a method for fund payments to selected municipalities,
9	based on tiered partial reimbursement rates for estimated tangible levy losses resulting from
10	reductions in tangible personal property tax rates. The estimated tangible levy losses shall be
11	based upon the following:
12	(i) The reduced tangible personal property tax rate in effect in the year for which state aid
13	applies;
14	(ii) The lesser of the tangible personal property tax rates in the full fiscal year preceding the
15	enactment of the aid program and the full fiscal year prior to the submission of the municipality’s
16	preliminary application.
17
18	(iii) The lesser of the net tangible personal property assessments in the full fiscal year
19	preceding the enactment of the aid program and the full fiscal year prior to the submission of the
20	municipality’s preliminary application.
21	(3) Tiered Reimbursement Rates. In fiscal year 2022, these tiered partial reimbursement
22	rates, which for future applications may be updated by the division of municipal finance in
23	consultation with the commerce corporation, shall be:
24	(i) 50% of estimated tangible levy loss resulting from a reduction in the tangible personal
25	property tax rate within a range above a 6.5% rate for the applicable certified assessment date;
26	(ii) 25% of estimated tangible levy loss resulting from a reduction in the tangible personal
27	property tax rate between the interval of and below a 6.5% rate and above a 5% rate; and
28	(iii) 10% of estimated tangible levy loss resulting from a reduction in the tangible personal
29	property tax rate between the interval of and below a 5% rate and above a 2.15% rate.
30	(4) Notification: After a preliminary application is submitted, the division of municipal
31	finance shall notify the municipality of whether the preliminary application is acceptable,
32	acceptable with conditions, or denied, and shall provide the municipality with the methodology
33	for calculating the amount of state aid.
	LC003746 - Page 201 of 621
1	(5) Confirmation of Participation: Following the notification under subsection (e)(3) of this
2	section, the municipality requesting aid under the tangible personal property tax competitiveness
3	program shall confirm in writing with the division of municipal finance of its intention to
4	continue forward in the application process.
5	(6) Final Application: A final application shall, on a form to be determined by the division of
6	municipal finance in consultation with the commerce corporation, be submitted to the division of
7	municipal finance.
8	(7) Incomplete Applications: The division of municipal finance shall provide a method of
9	considering or rejecting preliminary and/or final applications that are incomplete.
10	(8) Pro Rata Reduction: If there is insufficient funding upon review of preliminary
11	applications, the division of municipal finance may determine a method for a pro rata reduction in
12	state aid among participating municipalities.
13	(9) Timelines: The division of municipal finance may establish deadlines periodically to
14	facilitate administration of the program.
15	(10) Qualifications for receiving funds. To qualify for and receive state aid through this
16	program, a municipality shall demonstrate to the division of municipal finance compliance with
17	the approved final-application.
18	(11) Duration: A municipality shall be eligible to receive funds through this program for a
19	period of up to five consecutive years subject to continued performance.
20	(f) Reporting requirements. Beginning in fiscal year 2022 the division of municipal finance
21	shall publish a report on the program at the end of each fiscal year. The report shall contain
22	information on the commitment, disbursement, and use of funds allocated under the program.
23	The report is due no later than sixty (60) days after the end of the fiscal year, and shall be
24	provided to the governor, the speaker of the house of representatives, the president of the senate,
25	and the secretary of commerce.
26	SECTION 2. Section 44-3-3 of the General Laws in Chapter 44-3 entitled “Property Subject
27	to Taxation” is hereby amended as follows:
28	44-3-3. Property exempt.
29	(a) The following property is exempt from taxation:
30	(1) Property belonging to the state, except as provided in § 44-4-4.1;
31	(2) Lands ceded or belonging to the United States;
32	(3) Bonds and other securities issued and exempted from taxation by the government of the
33	United States or of this state;
	LC003746 - Page 202 of 621
1	(4) Real estate, used exclusively for military purposes, owned by chartered or incorporated
2	organizations approved by the adjutant general and composed of members of the national guard,
3	the naval militia, or the independent, chartered-military organizations;
4	(5) Buildings for free public schools, buildings for religious worship, and the land upon
5	which they stand and immediately surrounding them, to an extent not exceeding five (5) acres so
6	far as the buildings and land are occupied and used exclusively for religious or educational
7	purposes;
8	(6) Dwellings houses and the land on which they stand, not exceeding one acre in size, or the
9	minimum lot size for zone in which the dwelling house is located, whichever is the greater,
10	owned by, or held in trust for, any religious organization and actually used by its officiating
11	clergy; provided, further, that in the town of Charlestown, where the property previously
12	described in this paragraph is exempt in total, along with dwelling houses and the land on which
13	they stand in Charlestown, not exceeding one acre in size, or the minimum lot size for zone in
14	which the dwelling house is located, whichever is the greater, owned by, or held in trust for, any
15	religious organization and actually used by its officiating clergy, or used as a convent, nunnery, or
16	retreat center by its religious order;
17	(7) Intangible personal property owned by, or held in trust for, any religious or charitable
18	organization, if the principal or income is used or appropriated for religious or charitable
19	purposes;
20	(8) Buildings and personal estate owned by any corporation used for a school, academy, or
21	seminary of learning, and of any incorporated public charitable institution, and the land upon
22	which the buildings stand and immediately surrounding them to an extent not exceeding one acre,
23	so far as they are used exclusively for educational purposes, but no property or estate whatever is
24	hereafter exempt from taxation in any case where any part of its income or profits, or of the
25	business carried on there, is divided among its owners or stockholders; provided, however, that
26	unless any private nonprofit corporation organized as a college or university located in the town
27	of Smithfield reaches a memorandum of agreement with the town of Smithfield, the town of
28	Smithfield shall bill the actual costs for police, fire, and rescue services supplied, unless
29	otherwise reimbursed, to said corporation commencing March 1, 2014;
30	(9) Estates, persons, and families of the president and professors for the time being of Brown
31	University for not more than ten thousand dollars ($10,000) for each officer, the officer's estate,
32	person, and family included, but only to the extent that any person had claimed and utilized the
33	exemption prior to, and for a period ending, either on or after December 31, 1996;
	LC003746 - Page 203 of 621
1	(10) Property especially exempt by charter unless the exemption has been waived in whole or
2	in part;
3	(11) Lots of land exclusively for burial grounds;
4	(12) Property, real and personal, held for, or by, an incorporated library, society, or any free
5	public library, or any free public library society, so far as the property is held exclusively for
6	library purposes, or for the aid or support of the aged poor, or poor friendless children, or the poor
7	generally, or for a nonprofit hospital for the sick or disabled so far as the property is used
8	exclusively for the purpose for which the nonprofit hospital is incorporated. Further, where part
9	of a property owned by a nonprofit hospital is used exclusively for hospital purposes and part of
10	said property is not used exclusively for hospital purposes, then the part of said property used
11	exclusively for hospital purposes shall be exempt from taxation, and the personal property located
12	within said property used exclusively for hospital purposes shall be exempt from taxation;
13	(13) Real or personal estate belonging to, or held in trust for, the benefit of incorporated
14	organizations of veterans of any war in which the United States has been engaged, the parent
15	body of which has been incorporated by act of Congress, to the extent of four hundred thousand
16	dollars ($400,000) if actually used and occupied by the association; provided, that the city council
17	of the city of Cranston may by ordinance exempt the real or personal estate as previously
18	described in this subdivision located within the city of Cranston to the extent of five hundred
19	thousand dollars ($500,000);
20	(14) Property, real and personal, held for, or by, the fraternal corporation, association, or
21	body created to build and maintain a building or buildings for its meetings or the meetings of the
22	general assembly of its members, or subordinate bodies of the fraternity, and for the
23	accommodation of other fraternal bodies or associations, the entire net income of which real and
24	personal property is exclusively applied or to be used to build, furnish, and maintain an asylum or
25	asylums, a home or homes, a school or schools, for the free education or relief of the members of
26	the fraternity, or the relief, support, and care of worthy and indigent members of the fraternity,
27	their wives, widows, or orphans, and any fund given or held for the purpose of public education,
28	almshouses, and the land and buildings used in connection therewith;
29	(15) Real estate and personal property of any incorporated volunteer fire engine company or
30	incorporated volunteer ambulance or rescue corps in active service;
31	(16) The estate of any person who, in the judgment of the assessors, is unable from infirmity
32	or poverty to pay the tax; provided, that in the towns of Burrillville and West Greenwich, the tax
33	shall constitute a lien for five (5) years on the property where the owner is entitled to the
34	exemption. At the expiration of five (5) years, the lien shall be abated in full. Provided, if the
	LC003746 - Page 204 of 621
1	property is sold or conveyed, or if debt secured by the property is refinanced during the five-year
2	(5) period, the lien immediately becomes due and payable; any person claiming the exemption
3	aggrieved by an adverse decision of an assessor shall appeal the decision to the local board of tax
4	review and thereafter according to the provisions of § 44-5-26;
5	(17) Household furniture and family stores of a housekeeper in the whole, including clothing,
6	bedding, and other white goods, books, and all other tangible personal property items that are
7	common to the normal household;
8	(18) Improvements made to any real property to provide a shelter and fallout protection from
9	nuclear radiation, to the amount of one thousand five hundred dollars ($1,500); provided, that the
10	improvements meet applicable standards for shelter construction established, from time to time,
11	by the Rhode Island emergency management agency. The improvements are deemed to comply
12	with the provisions of any building code or ordinance with respect to the materials or the methods
13	of construction used and any shelter or its establishment is deemed to comply with the provisions
14	of any zoning code or ordinance;
15	(19) Aircraft for which the fee required by § 1-4-6 has been paid to the tax administrator;
16	(20) Manufacturer's inventory.
17	(i) For the purposes of §§ 44-4-10, 44-5-3, 44-5-20, and 44-5-38, a person is deemed to be a
18	manufacturer within a city or town within this state if that person uses any premises, room, or
19	place in it primarily for the purpose of transforming raw materials into a finished product for
20	trade through any or all of the following operations: adapting, altering, finishing, making, and
21	ornamenting; provided, that public utilities; non-regulated power producers commencing
22	commercial operation by selling electricity at retail or taking title to generating facilities on or
23	after July 1, 1997; building and construction contractors; warehousing operations, including
24	distribution bases or outlets of out-of-state manufacturers; and fabricating processes incidental to
25	warehousing or distribution of raw materials, such as alteration of stock for the convenience of a
26	customer; are excluded from this definition;
27	(ii) For the purposes of this section and §§ 44-4-10 and 44-5-38, the term "manufacturer's
28	inventory," or any similar term, means and includes the manufacturer's raw materials, the
29	manufacturer's work in process, and finished products manufactured by the manufacturer in this
30	state, and not sold, leased, or traded by the manufacturer or its title or right to possession
31	divested; provided, that the term does not include any finished products held by the manufacturer
32	in any retail store or other similar selling place operated by the manufacturer whether or not the
	LC003746 - Page 205 of 621
1	retail establishment is located in the same building in which the manufacturer operates the
2	manufacturing plant;
3	(iii) For the purpose of § 44-11-2, a "manufacturer" is a person whose principal business in
4	this state consists of transforming raw materials into a finished product for trade through any or
5	all of the operations described in paragraph (i) of this subdivision. A person will be deemed to be
6	principally engaged if the gross receipts that person derived from the manufacturing operations in
7	this state during the calendar year or fiscal year mentioned in § 44-11-1 amounted to more than
8	fifty percent (50%) of the total gross receipts that person derived from all the business activities
9	in which that person engaged in this state during the taxable year. For the purpose of computing
10	the percentage, gross receipts derived by a manufacturer from the sale, lease, or rental of finished
11	products manufactured by the manufacturer in this state, even though the manufacturer's store or
12	other selling place may be at a different location from the location of the manufacturer's
13	manufacturing plant in this state, are deemed to have been derived from manufacturing;
14	(iv) Within the meaning of the preceding paragraphs of this subdivision, the term
15	"manufacturer" also includes persons who are principally engaged in any of the general activities
16	coded and listed as establishments engaged in manufacturing in the Standard Industrial
17	Classification Manual prepared by the Technical Committee on Industrial Classification, Office
18	of Statistical Standards, Executive Office of the President, United States Bureau of the Budget, as
19	revised from time to time, but eliminating as manufacturers those persons, who, because of their
20	limited type of manufacturing activities, are classified in the manual as falling within the trade
21	rather than an industrial classification of manufacturers. Among those thus eliminated, and
22	accordingly also excluded as manufacturers within the meaning of this paragraph, are persons
23	primarily engaged in selling, to the general public, products produced on the premises from which
24	they are sold, such as neighborhood bakeries, candy stores, ice cream parlors, shade shops, and
25	custom tailors, except, that a person who manufactures bakery products for sale primarily for
26	home delivery, or through one or more non-baking retail outlets, and whether or not retail outlets
27	are operated by the person, is a manufacturer within the meaning of this paragraph;
28	(v) The term "Person" means and includes, as appropriate, a person, partnership, or
29	corporation; and
30	(vi) The department of revenue shall provide to the local assessors any assistance that is
31	necessary in determining the proper application of the definitions in this subdivision;
32	(21) Real and tangible personal property acquired to provide a treatment facility used
33	primarily to control the pollution or contamination of the waters or the air of the state, as defined
34	in chapter 12 of title 46 and chapter 25 of title 23, respectively, the facility having been
	LC003746 - Page 206 of 621
1	constructed, reconstructed, erected, installed, or acquired in furtherance of federal or state
2	requirements or standards for the control of water or air pollution or contamination, and certified
3	as approved in an order entered by the director of environmental management. The property is
4	exempt as long as it is operated properly in compliance with the order of approval of the director
5	of environmental management; provided, that any grant of the exemption by the director of
6	environmental management in excess of ten (10) years is approved by the city or town in which
7	the property is situated. This provision applies only to water and air pollution control properties
8	and facilities installed for the treatment of waste waters and air contaminants resulting from
9	industrial processing; furthermore, it applies only to water or air pollution control properties and
10	facilities placed in operation for the first time after April 13, 1970;
11	(22) New manufacturing machinery and equipment acquired or used by a manufacturer and
12	purchased after December 31, 1974. Manufacturing machinery and equipment is defined as:
13	(i) Machinery and equipment used exclusively in the actual manufacture or conversion of raw
14	materials or goods in the process of manufacture by a manufacturer, as defined in subdivision
15	(20), and machinery, fixtures, and equipment used exclusively by a manufacturer for research and
16	development or for quality assurance of its manufactured products;
17	(ii) Machinery and equipment that is partially used in the actual manufacture or conversion of
18	raw materials or goods in process of manufacture by a manufacturer, as defined in subdivision
19	(20), and machinery, fixtures, and equipment used by a manufacturer for research and
20	development or for quality assurance of its manufactured products, to the extent to which the
21	machinery and equipment is used for the manufacturing processes, research and development, or
22	quality assurance. In the instances where machinery and equipment is used in both manufacturing
23	and/or research and development and/or quality assurance activities and non-manufacturing
24	activities, the assessment on machinery and equipment is prorated by applying the percentage of
25	usage of the equipment for the manufacturing, research and development, and quality-assurance
26	activity to the value of the machinery and equipment for purposes of taxation, and the portion of
27	the value used for manufacturing, research and development, and quality assurance is exempt
28	from taxation. The burden of demonstrating this percentage usage of machinery and equipment
29	for manufacturing and for research and development and/or quality assurance of its manufactured
30	products rests with the manufacturer; and
31	(iii) Machinery and equipment described in §§ 44-18-30(7) and 44-18-30(22) that was
32	purchased after July 1, 1997; provided that the city or town council of the city or town in which
33	the machinery and equipment is located adopts an ordinance exempting the machinery and
34	equipment from taxation. For purposes of this subsection, city councils and town councils of any
	LC003746 - Page 207 of 621
1	municipality may, by ordinance, wholly or partially exempt from taxation the machinery and
2	equipment discussed in this subsection for the period of time established in the ordinance and
3	may, by ordinance, establish the procedures for taxpayers to avail themselves of the benefit of
4	any exemption permitted under this section; provided, that the ordinance does not apply to any
5	machinery or equipment of a business, subsidiary, or any affiliated business that locates or
6	relocates from a city or town in this state to another city or town in the state;
7	(23) Precious metal bullion, meaning any elementary metal that has been put through a
8	process of melting or refining, and that is in a state or condition that its value depends upon its
9	content and not its form. The term does not include fabricated precious metal that has been
10	processed or manufactured for some one or more specific and customary industrial, professional,
11	or artistic uses;
12	(24) Hydroelectric power-generation equipment, which includes, but is not limited to,
13	turbines, generators, switchgear, controls, monitoring equipment, circuit breakers, transformers,
14	protective relaying, bus bars, cables, connections, trash racks, headgates, and conduits. The
15	hydroelectric power-generation equipment must have been purchased after July 1, 1979, and
16	acquired or used by a person or corporation who or that owns or leases a dam and utilizes the
17	equipment to generate hydroelectric power;
18	(25) Subject to authorization by formal action of the council of any city or town, any real or
19	personal property owned by, held in trust for, or leased to an organization incorporated under
20	chapter 6 of title 7, as amended, or an organization meeting the definition of "charitable trust" set
21	out in § 18-9-4, as amended, or an organization incorporated under the not-for-profits statutes of
22	another state or the District of Columbia, the purpose of which is the conserving of open space, as
23	that term is defined in chapter 36 of title 45, as amended, provided the property is used
24	exclusively for the purposes of the organization;
25	(26) Tangible personal property, the primary function of which is the recycling, reuse, or
26	recovery of materials (other than precious metals, as defined in § 44-18-30(24)(ii) and (iii)), from,
27	or the treatment of "hazardous wastes," as defined in § 23-19.1-4, where the "hazardous wastes"
28	are generated primarily by the same taxpayer and where the personal property is located at, in, or
29	adjacent to a generating facility of the taxpayer. The taxpayer may, but need not, procure an order
30	from the director of the department of environmental management certifying that the tangible
31	personal property has this function, which order effects a conclusive presumption that the tangible
32	personal property qualifies for the exemption under this subdivision. If any information relating
33	to secret processes or methods of manufacture, production, or treatment is disclosed to the
34	department of environmental management only to procure an order, and is a "trade secret" as
	LC003746 - Page 208 of 621
1	defined in § 28-21-10(b), it shall not be open to public inspection or publicly disclosed unless
2	disclosure is otherwise required under chapter 21 of title 28 or chapter 24.4 of title 23;
3	(27) Motorboats as defined in § 46-22-2 for which the annual fee required in § 46-22-4 has
4	been paid;
5	(28) Real and personal property of the Providence Performing Arts Center, a non-business
6	corporation as of December 31, 1986;
7	(29) Tangible personal property owned by, and used exclusively for the purposes of, any
8	religious organization located in the city of Cranston;
9	(30) Real and personal property of the Travelers Aid Society of Rhode Island, a nonprofit
10	corporation, the Union Mall Real Estate Corporation, and any limited partnership or limited
11	liability company that is formed in connection with, or to facilitate the acquisition of, the
12	Providence YMCA Building;
13	(31) Real and personal property of Meeting Street Center or MSC Realty, Inc., both not-for-
14	profit Rhode Island corporations, and any other corporation, limited partnership, or limited
15	liability company that is formed in connection with, or to facilitate the acquisition of, the
16	properties designated as the Meeting Street National Center of Excellence on Eddy Street in
17	Providence, Rhode Island;
18	(32) The buildings, personal property, and land upon which the buildings stand, located on
19	Pomham Island, East Providence, currently identified as Assessor's Map 211, Block 01, Parcel
20	001.00, that consists of approximately twenty-one thousand three hundred (21,300) square feet
21	and is located approximately eight hundred sixty feet (860'), more or less, from the shore, and
22	limited exclusively to these said buildings, personal estate and land, provided that said property is
23	owned by a qualified 501(c)(3) organization, such as the American Lighthouse Foundation, and is
24	used exclusively for a lighthouse;
25	(33) The Stadium Theatre Performing Arts Centre building located in Monument Square,
26	Woonsocket, Rhode Island, so long as said Stadium Theatre Performing Arts Center is owned by
27	the Stadium Theatre Foundation, a Rhode Island nonprofit corporation;
28	(34) Real and tangible personal property of St. Mary Academy – Bay View, located in East
29	Providence, Rhode Island;
30	(35) Real and personal property of East Bay Community Action Program and its predecessor,
31	Self Help, Inc; provided, that the organization is qualified as a tax-exempt corporation under §
32	501(c)(3) of the United States Internal Revenue Code;
33	(36) Real and personal property located within the city of East Providence of the Columbus
34	Club of East Providence, a Rhode Island charitable nonprofit corporation;
	LC003746 - Page 209 of 621
1	(37) Real and personal property located within the city of East Providence of the Columbus
2	Club of Barrington, a Rhode Island charitable nonprofit corporation;
3	(38) Real and personal property located within the city of East Providence of Lodge 2337
4	BPO Elks, a Rhode Island nonprofit corporation;
5	(39) Real and personal property located within the city of East Providence of the St. Andrews
6	Lodge No. 39, a Rhode Island charitable nonprofit corporation;
7	(40) Real and personal property located within the city of East Providence of the Trustees of
8	Methodist Health and Welfare service a/k/a United Methodist Elder Care, a Rhode Island
9	nonprofit corporation;
10	(41) Real and personal property located on the first floor of 90 Leonard Avenue within the
11	city of East Providence of the Zion Gospel Temple, Inc., a religious nonprofit corporation;
12	(42) Real and personal property located within the city of East Providence of the Cape
13	Verdean Museum Exhibit, a Rhode Island nonprofit corporation;
14	(43) The real and personal property owned by a qualified 501(c)(3) organization that is
15	affiliated and in good standing with a national, congressionally chartered organization and
16	thereby adheres to that organization's standards and provides activities designed for recreational,
17	educational, and character building purposes for children from ages six (6) years to seventeen
18	(17) years;
19	(44) Real and personal property of the Rhode Island Philharmonic Orchestra and Music
20	School; provided, that the organization is qualified as a tax-exempt corporation under § 501(c)(3)
21	of the United States Internal Revenue Code;
22	(45) The real and personal property located within the town of West Warwick at 211
23	Cowesett Avenue, Plat 29-Lot 25, which consists of approximately twenty-eight thousand seven
24	hundred fifty (28,750) square feet and is owned by the Station Fire Memorial Foundation of East
25	Greenwich, a Rhode Island nonprofit corporation;
26	(46) Real and personal property of the Comprehensive Community Action Program, a
27	qualified tax-exempt corporation under § 501(c)(3) of the United States Internal Revenue Code;
28	(47) Real and personal property located at 52 Plain Street, within the city of Pawtucket of the
29	Pawtucket Youth Soccer Association, a Rhode Island nonprofit corporation;
30	(48) Renewable energy resources, as defined in § 39-26-5, used in residential systems and
31	associated equipment used therewith in service after December 31, 2015;
32	(49) Renewable energy resources, as defined in § 39-26-5, if employed by a manufacturer, as
33	defined in subsection (a) of this section, shall be exempt from taxation in accordance with
34	subsection (a) of this section;
	LC003746 - Page 210 of 621
1	(50) Real and personal property located at 415 Tower Hill Road within the town of North
2	Kingstown, of South County Community Action, Inc., a qualified tax-exempt corporation under §
3	501(c)(3) of the United States Internal Revenue Code;
4	(51) As an effort to promote business growth, tangible business or personal property, in
5	whole or in part, within the town of Charlestown's community limits, subject to authorization by
6	formal action of the town council of the town of Charlestown;
7	(52) All real and personal property located at 1300 Frenchtown Road, within the town of East
8	Greenwich, identified as assessor's map 027, plat 019, lot 071, and known as the New England
9	Wireless and Steam Museum, Inc., a qualified tax-exempt corporation under § 501(c)(3) of the
10	United States Internal Revenue Code;
11	(53) Real and tangible personal property of Mount Saint Charles Academy located within the
12	city of Woonsocket, specifically identified as the following assessor's plats and lots: Logee Street,
13	plat 23, lot 62, Logee Street, plat 24, lots 304 and 305; Welles Street, plat 23, lot 310; Monroe
14	Street, plat 23, lot 312; and Roberge Avenue, plat 24, lot 47;
15	(54) Real and tangible personal property of Steere House, a Rhode Island nonprofit
16	corporation, located in Providence, Rhode Island;
17	(55) Real and personal property located within the town of West Warwick of Tides Family
18	Services, Inc., a Rhode Island nonprofit corporation;
19	(56) Real and personal property of Tides Family Services, Inc., a Rhode Island nonprofit
20	corporation, located in the city of Pawtucket at 242 Dexter Street, plat 44, lot 444;
21	(57) Real and personal property located within the town of Middletown of Lucy's Hearth, a
22	Rhode Island nonprofit corporation;
23	(58) Real and tangible personal property of Habitat for Humanity of Rhode Island–Greater
24	Providence, Inc., a Rhode Island nonprofit corporation, located in Providence, Rhode Island;
25	(59) Real and personal property of the Artic Playhouse, a Rhode Island nonprofit corporation,
26	located in the town of West Warwick at 1249 Main Street;
27	(60) Real and personal property located at 321 Main Street, within the town of South
28	Kingstown, of the Contemporary Theatre Company, a qualified, tax-exempt corporation under §
29	501(c)(3) of the United States Internal Revenue Code;
30	(61) Real and personal property of The Samaritans, Inc., a Rhode Island nonprofit § 501(c)(3)
31	corporation located at 67 Park Place, Pawtucket, Rhode Island, to the extent the city council of
32	Pawtucket may from time to time determine;
	LC003746 - Page 211 of 621
1	(62) Real and personal property of North Kingstown, Exeter Animal Protection League, Inc.,
2	dba "Pet Refuge," 500 Stony Lane, a Rhode Island nonprofit corporation, located in North
3	Kingstown, Rhode Island;
4	(63) Real and personal property located within the city of East Providence of Foster Forward
5	(formerly the Rhode Island Foster Parents Association), a Rhode Island charitable nonprofit
6	corporation;
7	(64) Real and personal property located at 54 Kelly Avenue within the town of East
8	Providence, of the Associated Radio Amateurs of Southern New England, a Rhode Island
9	nonprofit corporation; and
10	(65) Real and tangible personal property of Providence Country Day School, a Rhode Island
11	nonprofit corporation, located in East Providence, Rhode Island and further identified as plat 406,
12	block 6, lot 6, and plat 506, block 1, lot 8.
13	(b) Except as provided below, when a city or town taxes a for-profit hospital facility, the
14	value of its real property shall be the value determined by the most recent full revaluation or
15	statistical property update performed by the city or town; provided, however, in the year a
16	nonprofit hospital facility converts to or otherwise becomes a for-profit hospital facility, or a for-
17	profit hospital facility is initially established, the value of the real property and personal property
18	of the for-profit hospital facility shall be determined by a valuation performed by the assessor for
19	the purpose of determining an initial assessed value of real and personal property, not previously
20	taxed by the city or town, as of the most recent date of assessment pursuant to § 44-5-1, subject to
21	a right of appeal by the for-profit hospital facility which shall be made to the city or town tax
22	assessor with a direct appeal from an adverse decision to the Rhode Island superior court business
23	calendar.
24	A "for-profit hospital facility" includes all real and personal property affiliated with any
25	hospital as identified in an application filed pursuant to chapter 17 or 17.14 of title 23.
26	Notwithstanding the above, a city or town may enter into a stabilization agreement with a for-
27	profit hospital facility under § 44-3-9 or other laws specific to the particular city or town relating
28	to stabilization agreements. In a year in which a nonprofit hospital facility converts to, or
29	otherwise becomes, a for-profit hospital facility, or a for-profit hospital facility is otherwise
30	established, in that year only the amount levied by the city or town and/or the amount payable
31	under the stabilization agreement for that year related to the for-profit hospital facility shall not be
32	counted towards determining the maximum tax levy permitted under § 44-5-2.
33	(c) Cities and towns. Authorization to impose taxes on certain properties of nonprofit entities.
	LC003746 - Page 212 of 621
1	(1) Any laws or acts that incorporate, restate or amend the articles of incorporation of
2	nonprofit institutions of higher education or nonprofit hospitals and, which exempt real and
3	personal property from taxation are hereby amended to be consistent with subparagraphs (i)
4	through (iv) below as follows:
5	(i) All real and personal property shall be exempt from taxation so far as said property is used
6	exclusively for educational purposes by nonprofit institutions of higher education or hospital
7	purposes by nonprofit hospitals.
8	(ii) Where part of a property owned by a nonprofit institution of higher education is used
9	exclusively for educational purposes and part of said property is not used exclusively for
10	educational purposes, then the part of said property used exclusively for educational purposes
11	shall be exempt from taxation, and the personal property located within said property used
12	exclusively for educational purposes shall be exempt from taxation.
13	(iii) Where part of a property owned by a nonprofit hospital is used exclusively for hospital
14	purposes and part of said property is not used exclusively for hospital purposes, then the part of
15	said property used exclusively for hospital purposes shall be exempt from taxation, and the
16	personal property located within said property used exclusively for hospital purposes shall
17	be exempt from taxation.
18	(iv) Notwithstanding §44-3-3(c)(1)(a), vacant lots, improved or unimproved, shall not be
19	exempt from taxation.
20	(2) In the event that a nonprofit institution of higher education or a nonprofit hospital has
21	made one or more voluntary payments in lieu of taxation during a tax year to a city or town with
22	respect to all or any portion of real or personal property, said payments shall be credited against
23	and shall reduce any taxes owed and due to the city or town for said tax year.
24	(3) Notwithstanding the exemption from taxation pursuant to §44-3-3(c)(1), cities and towns
25	are authorized to waive, or reduce taxes levied against real and personal property owned by
26	nonprofit institutions of higher education or nonprofit hospitals in the event the
27	nonprofit institutions of higher education or nonprofit hospitals agree to make payments in lieu of
28	taxes.
29	(4) Cities and towns may use December 31st of the year prior to the effective date of this
30	section as the date of assessment for any property that first becomes subject to taxation as a result
31	of §44-3-3(c)(1) above.
32	(5) As used in this section, "nonprofit institution of higher education" means any institution
33	engaged primarily in education beyond the high school level, and "nonprofit hospital" means any
	LC003746 - Page 213 of 621
1	nonprofit hospital licensed by the state and which is used for the purpose of general medical,
2	surgical, or psychiatric care and treatment.
3	(d) Notwithstanding any other provision of Rhode Island law, in an effort to provide relief
4	for businesses, including small businesses, and to promote economic development, a city or town
5	may establish a minimum filing threshold and/or exemption for tangible personal property within
6	a city or town’s geographic limits by ordinance, which thresholds and exemptions shall be
7	uniformly applied.
8	SECTION 3. Section 44-5-2 of the General Laws in Chapter 44-5 entitled “Levy and
9	Assessment of Local Taxes” is hereby amended to read as follows:
10	44-5-2. Maximum levy
11	(a) Through and including its fiscal year 2007, a city or town may levy a tax in an amount not
12	more than five and one-half percent (5.5%) in excess of the amount levied and certified by that
13	city or town for the prior year. Through and including its fiscal year 2007, but in no fiscal year
14	thereafter, the amount levied by a city or town is deemed to be consistent with the five and one-
15	half percent (5.5%) levy growth cap if the tax rate is not more than one hundred and five and one-
16	half percent (105.5%) of the prior year's tax rate and the budget resolution or ordinance, as
17	applicable, specifies that the tax rate is not increasing by more than five and one-half percent
18	(5.5%) except as specified in subsection (c) of this section. In all years when a revaluation or
19	update is not being implemented, a tax rate is deemed to be one hundred five and one-half percent
20	(105.5%) or less of the prior year's tax rate if the tax on a parcel of real property, the value of
21	which is unchanged for purpose of taxation, is no more than one hundred five and one-half
22	percent (105.5%) of the prior year's tax on the same parcel of real property. In any year through
23	and including fiscal year 2007 when a revaluation or update is being implemented, the tax rate is
24	deemed to be one hundred five and one-half percent (105.5%) of the prior year's tax rate as
25	certified by the division of property valuation and municipal finance in the department of
26	revenue.
27	(b) In its fiscal year 2008, a city or town may levy a tax in an amount not more than five and
28	one-quarter percent (5.25%) in excess of the total amount levied and certified by that city or town
29	for its fiscal year 2007. In its fiscal year 2009, a city or town may levy a tax in an amount not
30	more than five percent (5%) in excess of the total amount levied and certified by that city or town
31	for its fiscal year 2008. In its fiscal year 2010, a city or town may levy a tax in an amount not
32	more than four and three-quarters percent (4.75%) in excess of the total amount levied and
33	certified by that city or town in its fiscal year 2009. In its fiscal year 2011, a city or town may
34	levy a tax in an amount not more than four and one-half percent (4.5%) in excess of the total
	LC003746 - Page 214 of 621
1	amount levied and certified by that city or town in its fiscal year 2010. In its fiscal year 2012, a
2	city or town may levy a tax in an amount not more than four and one-quarter percent (4.25%) in
3	excess of the total amount levied and certified by that city or town in its fiscal year 2011. In its
4	fiscal year 2013 and in each fiscal year thereafter, a city or town may levy a tax in an amount not
5	more than four percent (4%) in excess of the total amount levied and certified by that city or town
6	for its previous fiscal year. For purposes of this levy calculation, taxes levied pursuant to chapters
7	34 and 34.1 of this title shall not be included. For FY 2018, in the event that a city or town, solely
8	as a result of the exclusion of the motor vehicle tax in the new levy calculation, exceeds the
9	property tax cap when compared to FY 2017 after taking into account that there was a motor
10	vehicle tax in FY 2017, said city or town shall be permitted to exceed the property tax cap for the
11	FY 2018 transition year, but in no event shall it exceed the four percent (4%) levy cap growth
12	with the car tax portion included; provided, however, nothing herein shall prohibit a city or town
13	from exceeding the property tax cap if otherwise permitted pursuant to subsection (de) of this
14	section.
15	(c) The division of property valuation in the department of revenue shall monitor city and
16	town compliance with this levy cap, issue periodic reports to the general assembly on compliance,
17	and make recommendations on the continuation or modification of the levy cap on or before
18	December 31, 1987, December 31, 1990, and December 31, every third year thereafter. The chief
19	elected official in each city and town shall provide to the division of property and municipal
20	finance within thirty (30) days of final action, in the form required, the adopted tax levy and rate
21	and other pertinent information.
22	(d) For any fiscal year in which a municipality receives aid under § 44-3-66 the amount
23	levied by a city or town may not exceed the percentage increase as specified in subsection (a) or
24	(b) of this section minus amount of levy lost due to the aid program:
25	(d) (e) The amount levied by a city or town may exceed the percentage increase as specified
26	in subsection (a) or (b) of this section if the city or town qualifies under one or more of the
27	following provisions:
28	(1) The city or town forecasts or experiences a loss in total non-property tax revenues and the
29	loss is certified by the department of revenue.
30	(2) The city or town experiences or anticipates an emergency situation, which causes or will
31	cause the levy to exceed the percentage increase as specified in subsection (a) or (b) of this
32	section. In the event of an emergency or an anticipated emergency, the city or town shall notify
33	the auditor general who shall certify the existence or anticipated existence of the emergency.
34	Without limiting the generality of the foregoing, an emergency shall be deemed to exist when the
	LC003746 - Page 215 of 621
1	city or town experiences or anticipates health insurance costs, retirement contributions, or utility
2	expenditures that exceed the prior fiscal year's health insurance costs, retirement contributions, or
3	utility expenditures by a percentage greater than three (3) times the percentage increase as
4	specified in subsection (a) or (b) of this section.
5	(3) A city or town forecasts or experiences debt services expenditures that exceed the prior
6	year's debt service expenditures by an amount greater than the percentage increase as specified in
7	subsection (a) or (b) of this section and that are the result of bonded debt issued in a manner
8	consistent with general law or a special act. In the event of the debt service increase, the city or
9	town shall notify the department of revenue which shall certify the debt service increase above
10	the percentage increase as specified in subsection (a) or (b) of this section the prior year's debt
11	service. No action approving or disapproving exceeding a levy cap under the provisions of this
12	section affects the requirement to pay obligations as described in subsection (de) of this section.
13	(4) The city or town experiences substantial growth in its tax base as the result of major new
14	construction that necessitates either significant infrastructure or school housing expenditures by
15	the city or town or a significant increase in the need for essential municipal services and such
16	increase in expenditures or demand for services is certified by the department of revenue.
17	(e) (f) Any levy pursuant to subsection (de) of this section in excess of the percentage
18	increase specified in subsection (a) or (b) of this section shall be approved by the affirmative vote
19	of at least four-fifths (4/5) of the full membership of the governing body of the city or town, or in
20	the case of a city or town having a financial town meeting, the majority of the electors present
21	and voting at the town financial meeting shall also approve the excess levy.
22	(f) (g) Nothing contained in this section constrains the payment of present or future
23	obligations as prescribed by § 45-12-1, and all taxable property in each city or town is subject to
24	taxation without limitation as to rate or amount to pay general obligation bonds or notes of the
25	city or town except as otherwise specifically provided by law or charter.
26	SECTION 4. Section 44-34-11 of the General Laws in Chapter 44-34-11 entitled “Excise on
27	Motor Vehicles and Trailers” is hereby amended to read as follows:
28	44-34-11. Rhode Island vehicle value commission.
29	(a) There is hereby authorized, created, and established the "Rhode Island vehicle value
30	commission" whose function it is to establish presumptive values of vehicles and trailers subject
31	to the excise tax.
32	(b) The commission shall consist of the following seven (7) members as follows:
33	(1) The director of the department of revenue or his/her designee from the department of
34	revenue;
	LC003746 - Page 216 of 621
1	(2) Five (5) local tax officials named by the governor, at least one of whom shall be from a
2	city or town under ten thousand (10,000) population and at least one of whom is from a city or
3	town over fifty thousand (50,000) population. In making these appointments, the governor shall
4	give due consideration to the recommendations submitted by the President of the Rhode Island
5	League of Cities and Towns and each appointment shall be subject to the advice and consent of
6	the senate; and
7	(3) One motor vehicle dealer appointed by the governor upon giving due consideration to the
8	recommendation of the director of revenue and subject to the advice and consent of the senate.
9	(4) All members shall serve for a term of three (3) years.
10	(5) Current legislative appointees shall cease to be members of the commission upon the
11	effective date of this act. Non-legislative appointees to the commission may serve out their terms
12	whereupon their successors shall be appointed in accordance with this act. No one shall be
13	eligible for appointment to the commission unless he or she is a resident of this state.
14	(6) Public members of the commission shall be removable by the governor pursuant to § 36-
15	1-7 for cause only, and removal solely for partisan or personal reasons unrelated to capacity or
16	fitness for the office shall be unlawful.
17	(7) The governor shall appoint a chairperson from the commission's members. The
18	commission shall elect from among its members other officers as it may deem appropriate.
19	(c) The commission shall annually determine the presumptive values of vehicles and trailers
20	subject to the excise tax in the following manner:
21	(1) Not earlier than September 30 and not later than December 31 of each year, the
22	commission shall by rule adopt a methodology for determining the presumptive value of vehicles
23	and trailers subject to the excise tax that shall give consideration to the following factors:
24	(i) The average retail price of similar vehicles of the same make, model, type, and year of
25	manufacture as reported by motor vehicle dealers or by official used car guides, such as that of
26	the National Automobile Dealers Association for New England. Where regional guides are not
27	available, the commission shall use other publications deemed appropriate; and
28	(ii) Other information concerning the average retail prices for make, model, type, and year of
29	manufacture of motor vehicles as the director and the Rhode Island vehicle value commission
30	may deem appropriate to determine fair values.
31	(iii) Notwithstanding the foregoing, the presumptive value of vehicles and trailers subject to
32	the excise tax shall not exceed the following percentage of clean retail value for those vehicles
33	reported by the National Automobile Dealers Association Official Used Car Guide New England
34	Edition:
	LC003746 - Page 217 of 621
1	FISCAL YEAR PERCENTAGE
2	2018 95%
3	2019 90%
4	2020 85%
5	2021 80% 82.5%
6	2022 75% 80%
7	2023 70% 77.5%
8	2024 75%
9	2025 72.5%
10	2026 70%
11	2027 67.5%
12	2028 65%
13	In the event that no such clean retail value is reported, the presumptive value shall not exceed
14	the above percentages of the following:
15	Manufacturer's suggested retail price (MSRP) for new model year vehicles as
16	reported by the National Automobile Dealers Association Guides; or
17	(B) Average retail value for those vehicles reported by the National Automobile Dealers
18	Association Official Used Car Guide National Edition and
19	Motorcycle/Snowmobile/ATV/Personal Watercraft Appraisal Guide; or
20	(C) Used retail value for those vehicles reported in the National Association of Automobile
21	Dealers Recreational Vehicle Appraisal Guide; or
22	(D) Low value for those vehicles reported in the National Automobile Dealers Association
23	Classic, Collectible, Exotic and Muscle Car Appraisal Guide & Directory.
24	(2) On or before February 1 of each year, it shall adopt a list of values for vehicles and
25	trailers of the same make, model, type, and year of manufacture as of the preceding December 31
26	in accordance with the methodology adopted between September 30 and December 31; the list
27	shall be subject to a public hearing at least five (5) business days prior to the date of its adoption.
28	(3) Nothing in this section shall be deemed to require the commission to determine the
29	presumptive value of vehicles and trailers that are unique, to which special equipment has been
30	added or to which special modifications have been made, or for which adequate information is
31	not available from the sources referenced in subdivision (1) of this subsection; provided, that the
32	commission may consider those factors in its lists or regulations.
	LC003746 - Page 218 of 621
1	(4) The commission shall annually provide the list of presumptive values of vehicles and
2	trailers to each tax assessor on or before February 15 of each year.
3	(d) The commission shall adopt rules governing its organization and the conduct of its
4	business; prior to the adoption of the rules, the chair shall have the power to call meetings, and a
5	simple majority of the members of the commission, as provided for in subsection (b) of this
6	section, is necessary for a quorum, which quorum by majority vote shall have the power to
7	conduct business in the name of the commission. The commission may adopt rules and elect from
8	among its members such other officers as it deems necessary.
9	(e) The commission shall have the power to contract for professional services that it deems
10	necessary for the development of the methodology for determining presumptive values; for
11	calculating presumptive values according to the methodology; and for preparing the list of
12	presumptive values in a form and format that is generally usable by cities and towns in their
13	preparation of tax bills. The commission shall also have the power to incur reasonable expenses
14	in the conduct of its business as required by this chapter and to authorize payments for the
15	expenses.
16	(f) Commission members shall receive no compensation for the performance of their duties
17	but may be reimbursed for their reasonable expenses incurred in carrying out such duties.
18	(g) The commission shall respond to petitions of appeal by local boards of review in
19	accordance with the provisions of § 44-34-9.
20	(h) The commission shall establish, by rule, procedures for adopting an annual budget and for
21	administering its finances. After July 1, 1986, one-half (1/2) of the cost of the commission's
22	operations shall be borne by the state and one-half (1/2) shall be borne by cities and towns within
23	the state, with the city and town share distributed among cities and towns on a per capita basis.
24	(i) Within ninety (90) days after the end of each fiscal year, the commission shall approve and
25	submit an annual report to the governor, the speaker of the house of representatives, the president
26	of the senate, and the secretary of state of its activities during that fiscal year. The report shall
27	provide: an operating statement summarizing meetings or hearings held, meeting minutes if
28	requested, subjects addressed, decisions rendered, rules or regulations promulgated, studies
29	conducted, policies and plans developed, approved, or modified, and programs administered or
30	initiated; a consolidated financial statement of all funds received and expended including the
31	source of the funds, a listing of any staff supported by these funds, and a summary of any clerical,
32	administrative or technical support received; a summary of performance during the previous
33	fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearings,
34	complaints, suspensions, or other legal matters related to the authority of the commission; a
	LC003746 - Page 219 of 621
1	summary of any training courses held pursuant to this subsection, a briefing on anticipated
2	activities in the upcoming fiscal year; and findings and recommendations for improvements. The
3	report shall be posted electronically on the general assembly and the secretary of state's websites
4	as prescribed in § 42-20-8.2. The director of the department of revenue shall be responsible for
5	the enforcement of this provision.
6	SECTION 5. Section 44-34.1-1 of the General Laws in Chapter 44-34.1 entitled “Motor
7	Vehicle and Trailer Excise Tax Elimination Act of 1998” is hereby amended to read as follows:
8	44-34.1-1. Excise tax phase-out.
9	(a)(1) Notwithstanding the provisions of chapter 34 of this title or any other provisions to the
10	contrary, the motor vehicle and trailer excise tax established by § 44-34-1 may be phased out. The
11	phase-out shall apply to all motor vehicles and trailers, including leased vehicles.
12	(2) Lessors of vehicles that pay excise taxes directly to municipalities shall provide lessees, at
13	the time of entering into the lease agreement, an estimate of annual excise taxes payable
14	throughout the term of the lease. In the event the actual excise tax is less than the estimated excise
15	tax, the lessor shall annually rebate to the lessee the difference between the actual excise tax and
16	the estimated excise tax.
17	(b) Pursuant to the provisions of this section, all motor vehicles shall be assessed a value by
18	the vehicle value commission. That value shall be assessed according to the provisions of § 44-
19	34-11(c)(1) and in accordance with the terms as defined in subsection (d) of this section;
20	provided, however, that the maximum taxable value percentage applicable to model year values
21	as of December 31, 1997, shall continue to be applicable in future year valuations aged by one
22	year in each succeeding year.
23	(c)(1) The motor vehicle excise tax phase-out shall commence with the excise tax bills mailed
24	to taxpayers for the fiscal year 2000. The phase-out, beyond fiscal year 2003, shall be subject to
25	annual review and appropriation by the general assembly. The tax assessors of the various cities
26	and towns and fire districts shall reduce the average retail value of each vehicle assessed by using
27	the prorated exemptions from the following table:
28	Local Fiscal Year State fiscal year
29	Exempt from value Local Exemption Reimbursement
30	fiscal year 1999 0 $1,500
31	fiscal year 2000 $1,500 $2,500
32	fiscal year 2001 $2,500 $3,500
33	fiscal year 2002 $3,500 $4,500
34	fiscal years 2003, 2004 and 2005 $4,500 $4,500
	LC003746 - Page 220 of 621
1	for fiscal year 2006 and $5,000 $5,000
2	for fiscal year 2007 $6,000 $6,000
3	for fiscal years 2008, 2009 and 2010 the exemption and the state fiscal year reimbursement
4	shall be increased, at a minimum, to the maximum amount to the nearest two hundred and fifty
5	dollar ($250) increment within the allocation of one and twenty-two hundredths percent (l.22%)
6	of net terminal income derived from video lottery games pursuant to the provisions of § 42-61-15,
7	and in no event shall the exemption in any fiscal year be less than the prior fiscal year.
8	(i) For fiscal year 2011 through fiscal year 2017, the exemption shall be five hundred dollars
9	($500). Cities and towns may provide an additional exemption; provided, however, any such
10	additional exemption shall not be subject to reimbursement.
11	(ii) For fiscal year 2018, cities, towns, and fire districts shall provide an exemption equal to
12	the greater of one thousand dollars ($1,000) or the exemption in effect in fiscal year 2017.
13	(iii) For fiscal year 2019, cities, towns, and fire districts shall provide an exemption equal to
14	the greater of two thousand dollars ($2,000) or the exemption in effect in fiscal year 2017.
15	(iv) For fiscal year 2020, cities, towns, and fire districts shall provide an exemption equal to
16	the greater of three thousand dollars ($3,000) or the exemption in effect in fiscal year 2017.
17	(v) For fiscal year 2021, cities, towns, and fire districts shall provide an exemption equal to
18	the greater of four thousand dollars ($4,000) three thousand five hundred dollars ($3,500) or the
19	exemption in effect in fiscal year 2017.
20	(vi) For fiscal year 2022, cities, towns, and fire districts shall provide an exemption equal to
21	the greater of five thousand dollars ($5,000) four thousand dollars ($4,000) or the exemption in
22	effect in fiscal year 2017.
23	(vii) For fiscal year 2023, cities, towns, and fire districts shall provide an exemption equal to
24	the greater of six thousand dollars ($6,000) four thousand five hundred dollars ($4,500) or the
25	exemption in effect in fiscal year 2017.
26	(viii) For fiscal year 2024, cities, towns, and fire districts shall provide an exemption equal to
27	the greater of five thousand dollars ($5,000) or the exemption in effect in fiscal year 2017.
28	(ix) For fiscal year 2025, cities, towns, and fire districts shall provide an exemption equal to
29	the greater of five thousand five hundred dollars ($5,500) or the exemption in effect in fiscal year
30	2017.
31	(x) For fiscal year 2026, cities, towns, and fire districts shall provide an exemption equal to
32	the greater of six thousand dollars ($6,000) or the exemption in effect in fiscal year 2017.
	LC003746 - Page 221 of 621
1	(xi) For fiscal year 2027, cities, towns, and fire districts shall provide an exemption equal to
2	the greater of seven thousand dollars ($7,000) or the exemption in effect in fiscal year 2017.
3	(xii) For fiscal year 2028, cities, towns, and fire districts shall provide an exemption equal to
4	the greater of eight thousand dollars ($8,000) or the exemption in effect in fiscal year 2017.
5	(viii) (xiii) For fiscal year 2024 2029 and thereafter, no tax shall be levied.
6	(2) The excise tax phase-out shall provide levels of assessed value reductions until the tax is
7	eliminated or reduced as provided in this chapter.
8	(3) Current exemptions shall remain in effect as provided in this chapter.
9	(4) The excise tax rates and ratios of assessment shall be maintained at a level identical to the
10	level in effect for fiscal year 1998 for each city, town, and fire district; provided, in the town of
11	Johnston, the excise tax rate and ratios of assessment shall be maintained at a level identical to the
12	level in effect for fiscal year 1999 levels and the levy of a city, town, or fire district shall be
13	limited to the lesser of the maximum taxable value or net assessed value for purposes of
14	collecting the tax in any given year. Provided, however, for fiscal year 2011 through fiscal year
15	2017, the rates and ratios of assessment may be less than but not more than the rates described in
16	this subsection (4).
17	(5) For fiscal year 2018 and thereafter, the excise tax rate applied by a city, town, or fire
18	district, shall not exceed the rate in effect in fiscal year 2017 and shall not exceed the rate set
19	forth below:
20	Fiscal Year Tax Rate (Per $1,000 of Value)
21	2018 $60.00
22	2019 $50.00
23	2020 $35.00
24	2021 $35.00
25	2022 $30.00 $33.00
26	2023 $20.00 $31.00
27	2024 $26.50
28	2025 $22.50
29	2026 $19.00
30	2027 $15.00
31	2028 $10.00
32	(6) In no event shall a taxpayer be billed more than the prior year for a vehicle owned up to
33	the same number of days unless an increased bill is the result of no longer being eligible for a
34	local tax exemption.
	LC003746 - Page 222 of 621
1	(d) Definitions.
2	(1) "Maximum taxable value" means the value of vehicles as prescribed by § 44-34-11
3	reduced by the percentage of assessed value applicable to model year values as determined by the
4	Rhode Island vehicle value commission as of December 31, 1997, for the vehicles valued by the
5	commission as of December 31, 1997. For all vehicle value types not valued by the Rhode Island
6	vehicle value commission as of December 31, 1997, the maximum taxable value shall be the
7	latest value determined by a local assessor from an appropriate pricing guide, multiplied by the
8	ratio of assessment used by that city, town, or fire district for a particular model year as of
9	December 31, 1997. The maximum taxable value shall be determined in such a manner as to
10	incorporate the application of the percentage corresponding with the appropriate fiscal year as
11	specified in § 44-34-11(c)(1)(iii).
12	(2) "Net assessed value" means the motor vehicle values as determined in accordance with §
13	44-34-11 less all personal exemptions allowed by cities, towns, fire districts, and the state of
14	Rhode Island exemption value as provided for in subsection (c)(1) of this section.
15	(e) If any provision of this chapter shall be held invalid by any court of competent
16	jurisdiction, the remainder of this chapter and the applications of the provisions hereof shall not
17	be effected thereby.
18	SECTION 6. Section 45-13-14 of the General Laws in Chapter 45-13 entitled “State Aid” is
19	hereby amended as follows:
20	45-13-14. Adjustments to tax levy, assessed value, and full value when computing state
21	aid.
22	(a) Whenever the director of revenue computes the relative wealth of municipalities for the
23	purpose of distributing state aid in accordance with title 16 and the provisions of § 45-13-12, he
24	or she shall base it on the full value of all property except:
25	(1) That exempted from taxation by acts of the general assembly and reimbursed under § 45-
26	13-5.1 of the general laws, which shall have its value calculated as if the payment in lieu of tax
27	revenues received pursuant to § 45-13-5.1, has resulted from a tax levy;
28	(2) That whose tax levy or assessed value is based on a tax treaty agreement authorized by a
29	special public law or by reason of agreements between a municipality and the economic
30	development corporation in accordance with § 42-64-20 prior to May 15, 2005, which shall not
31	have its value included;
32	(3) That whose tax levy or assessed value is based on tax treaty agreements or tax
33	stabilization agreements in force prior to May 15, 2005, which shall not have its value included;
	LC003746 - Page 223 of 621
1	(4) That which is subject to a payment in lieu of tax agreement in force prior to May 15,
2	2005;
3	(5) Any other property exempt from taxation under state law; or
4	(6) Any property subject to chapter 27 of title 44, taxation of Farm, Forest, and Open Space
5	Land.
6	(7) Any personal property subject to the provisions of § 44-3-3 (c).
7	(b) The tax levy of each municipality and fire district shall be adjusted for any real estate and
8	personal property exempt from taxation by act of the general assembly by the amount of payment
9	in lieu of property tax revenue anticipated to be received pursuant to § 45-13-5.1 relating to
10	property tax from certain exempt private and state properties, and for any property subject to any
11	payment in lieu of tax agreements, any tax treaty agreements or tax stabilization agreements in
12	force after May 15, 2005, by the amount of the payment in lieu of taxes pursuant to such
13	agreements.
14	(c) Fire district tax levies within a city or town shall be included as part of the total levy
15	attributable to that city or town.
16	(d) The changes as required by subsections (a) through (c) of this section shall be
17	incorporated into the computation of entitlements effective for distribution in fiscal year 2007-
18	2008 and thereafter.
19	SECTION 7. Section 4 and Section 5 shall take effect upon passage. The remainder of
20	this article shall take effect on July 1, 2020.
21
	LC003746 - Page 224 of 621
1	ARTICLE 10
2	RELATING TO EDUCATION
3	SECTION 1. Sections 16-7.2-3 and 16-7.2-6 of the General Laws in Chapter 16-7.2
4	entitled "The Education Equity and Property Tax Relief Act" is hereby amended as follows:
5	16-7.2-3. Permanent foundation education aid established.
6	(a) Beginning in the 2012 fiscal year, the following foundation education-aid formula
7	shall take effect. The foundation education aid for each district shall be the sum of the core
8	instruction amount in subdivision (a)(1) and the amount to support high-need students in
9	subdivision (a)(2), which shall be multiplied by the district state-share ratio calculated pursuant to
10	§ 16-7.2-4 to determine the foundation aid.
11	(1) The core-instruction amount shall be an amount equal to a statewide, per-pupil core-
12	instruction amount as established by the department of elementary and secondary education,
13	derived from the average of northeast regional expenditure data for the states of Rhode Island,
14	Massachusetts, Connecticut, and New Hampshire from the National Center for Education
15	Statistics (NCES) that will adequately fund the student instructional needs as described in the
16	basic education program and multiplied by the district average daily membership as defined in §
17	16-7-22. Expenditure data in the following categories: instruction and support services for
18	students, instruction, general administration, school administration, and other support services
19	from the National Public Education Financial Survey, as published by NCES, and enrollment data
20	from the Common Core of Data, also published by NCES, will be used when determining the
21	core-instruction amount. The core-instruction amount will be updated annually. For the purpose
22	of calculating this formula, school districts' resident average daily membership shall exclude
23	charter school and state-operated school students.
24	(2) The amount to support high-need students beyond the core-instruction amount shall
25	be determined by multiplying a student success factor of forty percent (40%) by the core
26	instruction per-pupil amount described in subdivision (a)(1) and applying that amount for each
27	resident child whose family income is at or below one hundred eighty-five percent (185%) of
28	federal poverty guidelines, hereinafter referred to as "poverty status."
29	(b) The department of elementary and secondary education shall provide an estimate of
30	the foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The
31	estimate shall include the most recent data available as well as an adjustment for average daily
32	membership growth or decline based on the prior year experience.
33	(c) In addition, the department shall report updated figures based on the average daily
34	membership as of October 1 by December 1.
	LC003746 - Page 225 of 621
1	(d) Beginning in the 2021 fiscal year, the department of elementary and secondary
2	education shall include the number of students enrolled in RI Pre-K classrooms approved by the
3	department in the average daily membership.
4	(d)(e) Local education agencies may set aside a portion of funds received under
5	subsection (a) to expand learning opportunities such as after school and summer programs, full-
6	day kindergarten and/or multiple pathway programs, provided that the basic education program
7	and all other approved programs required in law are funded.
8	(e)(f) The department of elementary and secondary education shall promulgate such
9	regulations as are necessary to implement fully the purposes of this chapter.
10	16-7.2-6. Categorical programs, state funded expenses.
11	In addition to the foundation education aid provided pursuant to § 16-7.2-3, the
12	permanent foundation education-aid program shall provide direct state funding for:
13	(a) Excess costs associated with special education students. Excess costs are defined
14	when an individual special education student's cost shall be deemed to be "extraordinary".
15	Extraordinary costs are those educational costs that exceed the state-approved threshold based on
16	an amount above five times the core foundation amount (total of core-instruction amount plus
17	student success amount). The department of elementary and secondary education shall prorate the
18	funds available for distribution among those eligible school districts if the total approved costs for
19	which school districts are seeking reimbursement exceed the amount of funding appropriated in
20	any fiscal year; and the department of elementary and secondary education shall also collect data
21	on those educational costs that exceed the state-approved threshold based on an amount above
22	two (2), three (3), and four (4) times the core-foundation amount;
23	(b) Career and technical education costs to help meet initial investment requirements
24	needed to transform existing, or create new, comprehensive, career and technical education
25	programs and career pathways in critical and emerging industries and to help offset the higher-
26	than-average costs associated with facilities, equipment maintenance and repair, and supplies
27	necessary for maintaining the quality of highly specialized programs that are a priority for the
28	state. The department shall develop criteria for the purpose of allocating any and all career and
29	technical education funds as may be determined by the general assembly on an annual basis. The
30	department of elementary and secondary education shall prorate the funds available for
31	distribution among those eligible school districts if the total approved costs for which school
32	districts are seeking reimbursement exceed the amount of funding available in any fiscal year;
33	(c) Programs to increase access to voluntary, free, high-quality pre-kindergarten
34	programs. The department shall recommend criteria for the purpose of allocating any and all early
	LC003746 - Page 226 of 621
1	childhood program funds as may be determined by the general assembly consistent with chapter
2	16-87;
3	(d) Central Falls, Davies, and the Met Center Stabilization Fund is established to ensure
4	that appropriate funding is available to support their students. Additional support for Central Falls
5	is needed due to concerns regarding the city's capacity to meet the local share of education costs.
6	This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs
7	outside the permanent foundation education-aid formula, including, but not limited to,
8	transportation, facility maintenance, and retiree health benefits shall be shared between the state
9	and the city of Central Falls. The fund shall be annually reviewed to determine the amount of the
10	state and city appropriation. The state's share of this fund may be supported through a reallocation
11	of current state appropriations to the Central Falls school district. At the end of the transition
12	period defined in § 16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24.
13	Additional support for the Davies and the Met Center is needed due to the costs associated with
14	running a stand-alone high school offering both academic and career and technical coursework.
15	The department shall recommend criteria for the purpose of allocating any and all stabilization
16	funds as may be determined by the general assembly;
17	(e) Excess costs associated with transporting students to out-of-district non-public
18	schools. This fund will provide state funding for the costs associated with transporting students to
19	out-of-district non-public schools, pursuant to chapter 21.1 of this title. The state will assume the
20	costs of non-public out-of-district transportation for those districts participating in the statewide
21	system. The department of elementary and secondary education shall prorate the funds available
22	for distribution among those eligible school districts if the total approved costs for which school
23	districts are seeking reimbursement exceed the amount of funding available in any fiscal year;
24	(f) Excess costs associated with transporting students within regional school districts.
25	This fund will provide direct state funding for the excess costs associated with transporting
26	students within regional school districts, established pursuant to chapter 3 of this title. This fund
27	requires that the state and regional school district share equally the student transportation costs
28	net any federal sources of revenue for these expenditures. The department of elementary and
29	secondary education shall prorate the funds available for distribution among those eligible school
30	districts if the total approved costs for which school districts are seeking reimbursement exceed
31	the amount of funding available in any fiscal year;
32	(g) Public school districts that are regionalized shall be eligible for a regionalization
33	bonus as set forth below:
	LC003746 - Page 227 of 621
1	(1) As used herein, the term "regionalized" shall be deemed to refer to a regional school
2	district established under the provisions of chapter 3 of this title, including the Chariho Regional
3	School district;
4	(2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus
5	shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the
6	regionalization bonus shall commence in the first fiscal year following the establishment of a
7	regionalized school district as set forth in chapter 3 of this title, including the Chariho Regional
8	School District;
9	(3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the
10	state's share of the foundation education aid for the regionalized district as calculated pursuant to
11	§§ 16-7.2-3 and 16-7.2-4 in that fiscal year;
12	(4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the
13	state's share of the foundation education aid for the regionalized district as calculated pursuant to
14	§§ 16-7.2-3 and 16-7.2-4 in that fiscal year;
15	(5) The regionalization bonus shall cease in the third fiscal year;
16	(6) The regionalization bonus for the Chariho regional school district shall be applied to
17	the state share of the permanent foundation education aid for the member towns; and
18	(7) The department of elementary and secondary education shall prorate the funds
19	available for distribution among those eligible regionalized school districts if the total, approved
20	costs for which regionalized school districts are seeking a regionalization bonus exceed the
21	amount of funding appropriated in any fiscal year;
22	(h) Additional state support for English learners (EL) multilingual learners (MLL). The
23	amount to support EL multilingual students shall be determined by multiplying an EL MLL factor
24	of ten percent (10%) by the core-instruction per-pupil amount defined in § 16-7.2-3(a)(1) and
25	applying that amount of additional state support to EL multilingual students identified using
26	widely adopted, independent standards and assessments identified by the commissioner. All
27	categorical funds distributed pursuant to this subsection must be used to provide high-quality,
28	research-based services to EL multilingual students and managed in accordance with
29	requirements set forth by the commissioner of elementary and secondary education. The
30	department of elementary and secondary education shall collect performance reports from
31	districts and approve the use of funds prior to expenditure. The department of elementary and
32	secondary education shall ensure the funds are aligned to activities that are innovative and
33	expansive and not utilized for activities the district is currently funding are utilized for:
34	(1) Increasing the number of new bilingual classrooms and programs;
	LC003746 - Page 228 of 621
1	(2) Increasing capacity of multilingual educators and English to Speakers of Other
2	Languages (ESOL) certified educators;
3	(3) Continuous training to retain multilingual and ESOL certified educators;
4	(4) Increasing the knowledge and capacity of building administrators about MLL students
5	to better support them;
6	(5) Provide training for general education teachers to become certified in ESOL; and
7	(6) Provide training for instructional coaches and personnel supporting differently-abled
8	students to serve multilingual students.
9	The department of elementary and secondary education shall prorate the funds available for
10	distribution among eligible recipients if the total calculated costs exceed the amount of funding
11	available in any fiscal year;
12	(i) State support for school resource officers and mental health professionals. For
13	purposes of this subsection, a school resource officer (SRO) shall be defined as a career law
14	enforcement officer with sworn authority who is deployed by an employing police department or
15	agency in a community-oriented policing assignment to work in collaboration with one or more
16	schools. School resource officers should have completed at least forty (40) hours of specialized
17	training in school policing, administered by an accredited agency, before being assigned.
18	Beginning in FY 2019, for a period of three (3) years, school districts or municipalities that
19	choose to employ school resource officers shall receive direct state support for costs associated
20	with employing such officers at public middle and high schools. Districts or municipalities shall
21	be reimbursed an amount equal to one-half (1/2) of the cost of salaries and benefits for the
22	qualifying positions. Funding will be provided for school resource officer positions established on
23	or after July 1, 2018, provided that:
24	(1) Each school resource officer shall be assigned to one school:
25	(i) Schools with enrollments below one thousand twelve hundred (1,200) students shall
26	require one school resource officer;
27	(ii) Schools with enrollments of one thousand twelve hundred (1,200) or more students
28	shall require two school resource officers;
29	(2) School resource officers hired in excess of the requirement noted above shall not be
30	eligible for reimbursement; and
31	(3) Schools that eliminate existing school resource officer positions and create new
32	positions under this provision shall not be eligible for reimbursement; and
33	(4) For FY 2021, school districts that choose to employ additional mental health
34	professionals at public schools may apply to receive direct state support for costs associated with
	LC003746 - Page 229 of 621
1	employing such staff. Districts shall be reimbursed an amount equal to one-half (1/2) of the cost
2	of salaries and benefits for the qualifying positions, provided that the District commits to funding
3	the position beyond FY 2021 in the absence of continued state funds.
4	(i) For the purposes of this section, mental health professionals shall be defined to
5	include, but not be limited to, student assistance counselors, school counselors, social workers,
6	and school psychologists;
7	(ii) Schools that eliminate existing mental health professional positions and create new
8	positions under this provision shall not be eligible for reimbursement;
9	(iii) The Department of Education will establish an application process and will oversee
10	distribution of the funds. If demand for the funds is greater than what is allocated, the department
11	will create a process where priority will be given based on, but not limited to, current mental
12	health capacity at the school and its demonstrated need based on documented incident reports.
13	(j) Categorical programs defined in (a) through (g) shall be funded pursuant to the
14	transition plan in § 16-7.2-7.
15	SECTION 2. Sections 16-48-1, 16-48-2, 16-48-3, 16-48-5, and 16-48-6 of the General
16	Laws in Chapter 16-48 entitled “Educational Services to Very Young Children” is hereby
17	amended to read as follows:
18	16-48-1. Applicability
19	This chapter shall pertain to private nursery schools and other regular schools or
20	programs of educational services to children between the ages of two (2) four (4) years eight (8)
21	months and six (6) years of age where the schools and programs operate one or more sessions
22	daily. It does not include bona fide kindergarten and nursery preschool classes which are part of a
23	nonpublic elementary school system.
24	16-48-2. Establishment High Quality Comprehensive Approval of and operation of
25	schools Classrooms and Programs.
26	(a) No Any person, unincorporated society, association, or corporation desiring High
27	Quality Comprehensive Approval to operate of a school classroom or program as defined in this
28	chapter shall be permitted to establish and maintain a school or program unless and until file an
29	application has been filed with the commissioner of elementary and secondary education and
30	suitable provision has been made to fulfill any minimum requirements of adequate faculty, health,
31	safety, sanitation, site, physical plant, educational program, and any other standards that may be
32	are established through rules and regulations promulgated by the commissioner of elementary and
33	secondary education. Upon satisfactory compliance with the standards as established by the
34	commissioner of elementary and secondary education, along with the certification by the
	LC003746 - Page 230 of 621
1	appropriate fire, health, and building inspectors, the school classroom or program shall be
2	approved receive High Quality Comprehensive Approval for a period of one year three years,
3	which approval shall require renewal unless sooner revoked by the commissioner for cause.
4	(b) Upon application to establish for High Quality Comprehensive Approval of a school
5	classroom or program as defined in this chapter or to renew the application, the applicant will
6	submit the names of its owner, officers, and employees. The commissioner of elementary and
7	secondary education may request the bureau of criminal identification of the state police to
8	conduct a nationwide criminal records check of the owners, officers, and employees of the school
9	or program and the bureau of criminal identification of the state police will conduct criminal
10	records checks on request. To accomplish nationwide criminal records checks, the commissioner
11	may require owners, officers, and employees of the schools or programs to be fingerprinted by
12	the bureau of criminal identification of the state police. The commissioner may examine these
13	criminal records checks to aid in determining the suitability of the applicant for approval or
14	renewal of approval.
15	16-48-3. Rules and regulations.
16	The commissioner of elementary and secondary education shall make all necessary rules and
17	regulations as the commissioner shall deem necessary or expedient, in conformity with the
18	provisions of this chapter and not contrary to law, for the necessary accreditation of the schools
19	classrooms and programs, and the commissioner shall do all things and perform all acts necessary
20	to enforce the provisions of this chapter.
21	16-48-5. Revocation of approval.
22	The commissioner of elementary and secondary education may revoke or refuse to renew
23	the approval of any nursery school classroom or program approved upon reasonable notice to the
24	school authorities and provided that a hearing on the revocation shall be afforded the parties.
25	Grounds for revocation or refusal to renew shall include:
26	(1) Failure to maintain standards;
27	(2) Refusal to submit proper reports or records;
28	(3) Refusal to admit authorized representatives of the department of elementary and
29	secondary education;
30	(4) Furnishing or making misleading or false statements or reports;
31	(5) Failure to maintain adequate financial resources; or
32	(6) Any other cause which, in the opinion of the commissioner, may be detrimental to the
33	health, education, safety, or welfare of the children involved.
34	16-48-6. Penalty.
	LC003746 - Page 231 of 621
1	Every person who violates any of the provisions of this chapter by conducting a school or
2	program without first having obtained approval as provided in this chapter, or who shall refuse to
3	permit a reasonable inspection and examination of a facility as provided in this chapter, or who
4	shall intentionally make any false statements or reports to the commissioner of elementary and
5	secondary education or the commissioner's agents with reference to the matters contained in these
6	statements or reports, or who conducts this facility after approval has been revoked or suspended
7	shall, upon conviction of the first offense, be imprisoned for a term not exceeding six (6) months
8	or be fined not exceeding one hundred dollars ($100) for each week that the facility shall have
9	been maintained without approval, and on the second or subsequent offense shall be imprisoned
10	for a term not exceeding one year or be fined not exceeding five hundred dollars ($500) for each
11	week that the facility shall have been maintained without approval or both the fine and
12	imprisonment.
13	SECTION 3. Chapter 16-87 of the General Laws entitled “Rhode Island Prekindergarten
14	Education Act” is hereby amended by adding thereto the following sections:
15	16-87-6. High Quality, Universal Prekindergarten.
16	(a) The general assembly acknowledges the need to adequately prepare all children to
17	succeed in school by providing access to publicly funded, high quality prekindergarten education
18	programs for all four-year-olds.
19	(b) Access to Rhode Island’s mixed delivery system of high-quality prekindergarten
20	classrooms in child care centers, public school districts, and Head Start centers shall be expanded
21	across all communities in Rhode Island.
22	(c) Expansion shall continue until every family who wants a high quality, prekindergarten
23	seat for their four-year-olds has one. Universal access will be considered achieved when seventy
24	percent of four-year-olds are enrolled in high-quality prekindergarten programs.
25	16-87-7. Prekindergarten Facilities.
26	The Rhode Island department of elementary and secondary education and the department of
27	human services shall work with other state departments and private philanthropy to research and
28	establish programs to improve, expand, and renovate facilities to ensure providers meet licensing
29	and facilities standards to expand access to high-quality prekindergarten learning environments.
30	16-87-8. High quality elements.
31	(a) To expand access to high-quality prekindergarten education programs, it is essential
32	to invest in expanding high-quality early learning in order to meaningfully increase children’s
33	school readiness.
	LC003746 - Page 232 of 621
1	(b) The Rhode Island department of elementary and secondary education is hereby authorized
2	to promulgate and adopt regulations for the implementation of high quality, universal
3	prekindergarten. The following quality standards shall be established in regulation by the Rhode
4	Island department of elementary and secondary education:
5	(i) Teacher education and certification;
6	(ii) Class size and staff ratios;
7	(iii) Learning time;
8	(iv) Learning standards;
9	(v) Curriculum;
10	(vi) Support for students with special needs;
11	(vii) Support for dual English language learners;
12	(viii) Professional development;
13	(ix) Child assessments; and
14	(x) Observations to improve practice
15	16-87-9 Successful transitions.
16	(a) Successful coordination between Rhode Island’s high-quality prekindergarten and
17	kindergarten programs is essential for setting a solid foundation for all students. In order to have a
18	seamless pathway from prekindergarten to third grade, standards, curriculum, instruction and
19	assessments shall be aligned.
20	(b) Effective transition programs and practices to help students and families move
21	successfully from one setting to another shall be established.
22	(c) All Local Education Agencies (LEAs) in Rhode Island shall develop a transition plan to
23	kindergartens for all incoming students and families. These plans must contain two parts --
24	student and family transition strategies, and program-level transition planning strategies:
25	(1) For student and family transition the following strategies shall be considered:
26	(i) Student visits to their future kindergarten classroom;
27	(ii) Kindergarten teacher visits to the prekindergarten classrooms;
28	(iii) Workshops for families of incoming kindergarten children; and
29	(iiv) Kindergarten orientation sessions the summer before school starts.
30	(2) For program-level transition planning the following strategies shall be considered;
31	(i) Creation of transition teams and liaisons between prekindergarten programs and
32	district schools;
33	(ii) Joint professional development and data sharing for prekindergarten to third grade
34	teachers; and
	LC003746 - Page 233 of 621
1	(iii) Teacher-to-teacher conferences.
2	16-87-10. Early childhood education governance and data system. (a) The Rhode Island
3	department of elementary and secondary education and the department of human services shall
4	work with other state departments that comprise the Children’s Cabinet including, but not limited
5	to, Rhode Island’s department of health, department of children, youth and families, and the
6	executive office of health and human services to facilitate the coordination of federal, state, and
7	local policies concerning early learning and care, as well as seeking, applying for and
8	encouraging the use of any federal funds for early learning and care. These departments shall
9	work together to identify ways to streamline decision-making, eliminate inefficiencies, and
10	ensure that all state systems are coordinated and aligned to the same goals.
11	(b) In order to support a successful early learning system, including the expansion of
12	high-quality prekindergarten programs, the Early Childhood and Education Data System
13	(ECEDS) shall receive continued investment, development and support. ECEDS is an integrated
14	data system to facilitate the sharing of information and data-driven decision-making. ECEDS has
15	become the centralized source for much of our early learning data across multiple state agencies.
16	It also has the capability to share essential child level data with state agencies and early childhood
17	programs and key information about early learning providers and programs with families.
18	16-87-11. Ensuring access for low-income children.
19	(a) The Rhode Island department of elementary and secondary education and the
20	department of human services will ensure that during the state prekindergarten Request for
21	Proposal process, priority points will be awarded to communities serving a higher proportion of
22	low-income children.
23	(b) Until such time that Universal Prekindergarten is achieved in a community, the state
24	prekindergarten lottery process will include an algorithm to match the enrollment to the
25	socioeconomic distribution of the community. For the lottery process, the poverty level is
26	determined by free or reduced lunch status, or 185% of the federal poverty guidelines.
27	SECTION 4. Sections 16-87-2 and 16-87-4 of the General Laws in Chapter 16-87
28	entitled "Rhode Island Prekindergarten Education Act" is hereby amended as follows:
29	16-87-2. Findings.
30	(a) The general assembly hereby finds that attending high quality early childhood
31	education programs help children develop important social and cognitive skills and knowledge
32	that prepares children to succeed in school. Research has shown long-lasting benefits for children
33	who participate in very high quality, educationally focused early childhood programs. The
34	benefits to children can also generate substantial government cost savings, including reduced
	LC003746 - Page 234 of 621
1	need for special education services, reduced need for cash assistance and other public benefits,
2	and reduced rates of incarceration.
3	(b) The general assembly finds that there are substantial numbers of children in Rhode Island
4	entering kindergarten who are not adequately prepared to succeed in school. Early school failure
5	may ultimately contribute to such children dropping out of school at an early age, failing to
6	achieve their full potential, becoming dependent upon public assistance, or becoming involved in
7	criminal activities.
8	(c) Furthermore, the general assembly finds that there is an existing infrastructure of early
9	childhood programs in Rhode Island serving preschool age children in full-day and half-day
10	programs that is supported through state and federal investments in child care, Head Start and
11	special education. It is the goal of the general assembly to support a system of publicly-funded,
12	high quality prekindergarten education programs that are operated through a diverse delivery
13	network, including child care, Head Start and public school districts.
14	(d) By enacting this law, the general assembly acknowledges the need to adequately prepare
15	all children to succeed in school by providing access to publicly-funded high quality
16	prekindergarten education programs.
17	(e) Since 2008, Rhode Island’s state prekindergarten program, RI Pre-K, has expanded to
18	offer more than one thousand four hundred high-quality prekindergarten seats to four-year-olds
19	across thirteen communities. Rhode Island’s mixed delivery prekindergarten model has been
20	nationally recognized as one of the highest quality state prekindergarten programs in the United
21	States.
22	16-87-4. Early childhood workforce development.
23	The Rhode Island department of elementary and secondary education and the department
24	of human services shall work with other state departments and private philanthropy to establish a
25	statewide, comprehensive, research-based early childhood workforce development scholarship
26	program to expand the numbers of early childhood educators who have an associate's or
27	bachelor's degree in early childhood education and who work with children from birth to age five
28	(5).
29	SECTION 5. Sections 16-87-3 and 16-87-5 of the General Laws in Chapter 16-87
30	entitled “Rhode Island Prekindergarten Education Act” are hereby repealed.
31	16-87-3. Planning phase for a prekindergarten program.
32	(a) The Rhode Island department of elementary and secondary education shall begin
33	planning an initial, pilot prekindergarten program that meets high quality standards, builds on the
34	existing early childhood education infrastructure in the state (including child care, Head Start and
	LC003746 - Page 235 of 621
1	public schools) and serves children ages three (3) and four (4) who reside in communities with
2	concentrations of low performing schools. This planning phase will develop specific goals to
3	expand the pilot prekindergarten program over time and will also identify opportunities to
4	strengthen care and learning programs for infants and toddlers.
5	(b) During this planning phase, the Rhode Island department of elementary and
6	secondary education will quantify the resources needed to achieve and maintain high quality
7	standards in prekindergarten programs and identify incentives and supports to develop a qualified
8	early education workforce, including opportunities for experienced early childhood educators and
9	paraprofessionals to acquire college degrees and earn early childhood teacher certification.
10	(c) The Rhode Island department of elementary and secondary education will begin to
11	develop plans to collect and analyze data regarding the impact of the pilot prekindergarten
12	program on participating children's school readiness and school achievement.
13	16-87-5. Reporting.
14	The Rhode Island department of elementary and secondary education shall report back to
15	the general assembly and the governor on the progress of the pilot planning phase no later than
16	October 31, 2008.
17	SECTION 6. Section 16-105-7 of the General Laws in Chapter 16-105 entitled "School
18	Building Authority" is hereby amended as follows:
19	16-105-7. Expenses incurred by the school building authority.
20	In order to provide for one-time or limited the expenses of the school building authority
21	under this chapter, the Rhode Island health and educational building corporation shall provide
22	funding from the school building authority capital fund, fees generated from the origination of
23	municipal bonds and other financing vehicles used for school construction, any investment
24	income generated by state and municipal funds held in trust by the Rhode Island health and
25	educational building corporation, and its own reserves. The school building authority shall, by
26	October 1 of each year, report to the governor and the chairs of the senate and house finance
27	committees, the senate fiscal advisor, and the house fiscal advisor the amount sought for expenses
28	for the next fiscal year.
29	There is also hereby established a restricted-receipt account within the budget of the
30	department of elementary and secondary education entitled "school construction services," to be
31	financed by the Rhode Island health and educational building corporation's sub-allotments of fees
32	generated from the origination of municipal bonds and other financing vehicles used for school
33	construction, any investment income generated by state and municipal funds held in trust by the
34	Rhode Island health and educational building corporation, and its own reserves. Effective July 1,
	LC003746 - Page 236 of 621
1	2018, this account shall be utilized for the express purpose of supporting personnel expenditures
2	directly related to the administration of the school construction aid program. Expenditure of all
3	restricted receipts accepted by the department shall be subject to the annual appropriation process
4	and approval by the general assembly.
5	SECTION 7. Sections 16-107-3, 16-107-4, 16-107-5, and 16-107-6 of the General Laws
6	in Chapter 16-107 entitled "Rhode Island Promise Scholarship" are hereby amended as follows:
7	16-107-3. Establishment of scholarship program.
8	Beginning with the high school graduating class of 2017, it is hereby established the
9	Rhode Island promise scholarship programs. that will end with the high school graduating class
10	of 2020. The general assembly shall annually appropriate the funds necessary to implement the
11	purposes of this chapter. Additional funds beyond the scholarships may be appropriated to
12	support and advance the Rhode Island promise scholarship program. In addition to appropriation
13	by the general assembly, charitable donations may be accepted into the scholarship program.
14	16-107-4. Definitions.
15	When used in this chapter, the following terms shall have the following meanings:
16	(1) "FAFSA" means the Free Application for Federal Student Aid form;
17	(2) “Certificate” means any certificate program with labor market value as defined by the
18	Postsecondary Commissioner.
19	(3)(2) "Mandatory fees and tuition" are the costs that every student is required to pay in
20	order to enroll in classes, and does not include room and board, textbooks, program fees that may
21	exist in some majors, course fees that may exist for some specific courses, meal plans, or travel;
22	(4)(3)"On track to graduate on time" means the standards determined by the community
23	college of Rhode Island in establishing the expectation of a student to graduate with an associate's
24	degree or certificate within two (2) years of enrollment (recognizing that some students, including
25	students who require developmental education, are double majors, or are enrolled in certain
26	professional programs may require an extended time period for degree completion);
27	(5)(4) "Scholarship program" means the Rhode Island promise scholarship program that
28	is established pursuant to § 16-107-3;
29	(6)(5) "Recipient student" means a student attending the community college of Rhode
30	Island who qualifies to receive the Rhode Island promise scholarship pursuant to § 16-107-6; and
31	(7)(6) "State" means the State of Rhode Island and Providence Plantations.
32	16-107-5. Administration of scholarship program.
33	(a) The financial aid office, in conjunction with the office of enrollment management or
34	their respective equivalent offices, at the community college of Rhode Island, shall administer the
	LC003746 - Page 237 of 621
1	scholarship program for state residents seeking associate degrees or certificates who meet the
2	eligibility requirements in this chapter
3	(b) An award of the scholarship program shall cover up to the cost of two (2) years of
4	tuition and mandatory fees, less federal and all other financial aid monies available to the
5	recipient student. No grant received by students from the Department of Children, Youth and
6	Families’ Higher Education Opportunity Incentive Grant as established by § 42-72.8 or the
7	College Crusade Scholarship Act as established in § 16-70 shall be considered federal or financial
8	aid for the purposes of this Chapter.
9	(c) The scholarship program is limited to one award per student as required by § 16-107-
10	6(a)(7).
11	A student may continue to receive an award towards a degree following completion of a
12	certificate program, provided that the student remains on track to graduate on time.
13	16-107-6. Eligibility for scholarship.
14	(a) Beginning with the students who enroll at the community college of Rhode Island in
15	fall of 2017 and ending with students who enroll at the community college of Rhode Island in the
16	fall of 2020, to be considered for the scholarship, a student:
17	(1) Must qualify for in-state tuition and fees pursuant to the residency policy adopted by
18	the council on postsecondary education, as amended, supplemented, restated, or otherwise
19	modified from time to time ("residency policy"); provided, that, the student must have satisfied
20	the high school graduation/equivalency diploma condition prior to reaching nineteen (19) years of
21	age; provided, further, that in addition to the option of meeting the requirement by receiving a
22	high school equivalency diploma as described in the residency policy, the student can satisfy the
23	condition by receiving other certificates or documents of equivalent nature from the state or its
24	municipalities as recognized by applicable regulations promulgated by the council on elementary
25	and secondary education;
26	(2) Must be admitted to, and must enroll and attend the community college of Rhode
27	Island on a full-time basis by the semester immediately following high school graduation or the
28	semester immediately following receipt of a high school equivalency diploma;
29	(3) Must complete the FAFSA and any required FAFSA verification by the deadline
30	prescribed by the community college of Rhode Island for each year in which the student seeks to
31	receive funding under the scholarship program;
32	(4) Must continue to be enrolled on a full-time basis;
33	(5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or
34	greater, as determined by the community college of Rhode Island;
	LC003746 - Page 238 of 621
1	(6) Must remain on track to graduate on time with an associate degree or a certificate as
2	determined by the community college of Rhode Island;
3	(7) Must not have already received an award under this scholarship program; and
4	(8) Must commit to live, work, or continue their education in Rhode Island after
5	graduation.
6	The community college of Rhode Island shall develop a policy that will secure this commitment
7	from recipient students.
8	(b) Notwithstanding the eligibility requirements under subsection (a) of this section
9	("specified conditions"):
10	(i) In the case of a recipient student who has an approved medical or personal leave of
11	absence or is unable to satisfy one or more specified conditions because of the student's medical
12	or personal circumstances, the student may continue to receive an award under the scholarship
13	program upon resuming the student's education so long as the student continues to meet all other
14	applicable eligibility requirements; and
15	(ii) In the case of a recipient student who is a member of the national guard or a member of a
16	reserve unit of a branch of the United States military and is unable to satisfy one or more
17	specified conditions because the student is or will be in basic or special military training, or is or
18	will be participating in a deployment of the student's guard or reserve unit, the student may
19	continue to receive an award under the scholarship program upon completion of the student's
20	basic or special military training or deployment.
21	SECTION 8. Title 42 of the General Laws entitled “State Affairs and Government” is
22	hereby amended by adding thereto the following Chapter:
23	CHAPTER 42-12.6
24	THE RHODE ISLAND EARLY CHILDHOOD CARE AND EDUCATION CAPITAL FUND
25	ACT
26	42-12.6-1. Short title.
27	This chapter shall be known and may be cited as the “Rhode Island early childhood care and
28	education capital fund act.”
29	42-12.6-2. Findings.
30	(a) It is hereby found and declared that all children deserve high-quality, developmentally
31	appropriate learning environments that are designed to keep them safe, healthy, and support their
32	physical, behavioral and cognitive development.
33	(b) It is also found that many of Rhode Island’s existing early learning facilities suffer from
34	poor building conditions that may impact children’s health, safety, and quality in programming.
	LC003746 - Page 239 of 621
1	(c) Furthermore, according to a 2019 Rhode Island Early Learning Facilities Needs
2	Assessment, many early learning providers in Rhode Island have expressed interest in improving
3	quality, opening new facilities spaces, and/or operating additional programs but 88% lack the
4	financial resources to do so. It also found that of the state’s 39 municipalities, 24 have more than
5	three infants and toddlers for every licensed slot available. There are also 18 communities that
6	have no high-quality child care available for infants and toddlers. Consequently, a need exists to
7	initiate funding strategies and innovative partnerships to improve and expand quality early
8	learning facilities.
9	(d) Through the establishment of the Rhode Island early childhood care and education capital
10	fund, Rhode Island can take steps to expand quality early learning facilities within a mixed
11	delivery system by providing funding that capitalizes on existing spaces, facilitates innovative
12	partnerships, and provides technical support in order to build a strong pipeline of new
13	construction projects.
14	42-12.6-3. Definitions.
15	(a) As used in this chapter:
16	(1) “Department” means the Rhode Island department of human services.
17	(2) “Early childhood care and education” refers to programs that are state licensed to provide
18	child care and serve children from birth through age six (6).
19	(3) “Eligible facility” means a building, structure or site that is, or will be, owned, leased or
20	otherwise used by one (1) or more eligible organizations and licensed by the department or local
21	education agency (LEA); provided that the facility shall serve or have a commitment to serve
22	low-income families; provided further, that leased facilities shall have a lease term that is
23	consistent with the scale of capital investment, but shall not be less than fifteen (15) years; and
24	provided further that municipally-owned buildings shall be eligible provided that there is a
25	dedicated single purpose space for licensed early childhood care and education.
26	(4) “Eligible organization” means a child care provider that is, at the time of its initial
27	application, providing, or has demonstrated a commitment to provide, early childhood care and
28	education and for low-income families with a public subsidy.
29	(5) “Eligible Project” means the acquisition, design, construction, repair, renovation,
30	rehabilitation or other capital improvement or deferred maintenance of an eligible facility.
31	(6) “Qualified community partner organization” means a certified community development
32	financial intermediary selected by the department. Said organization must possess experience
33	operating in Rhode Island, specifically supporting the early learning sector, have demonstrated
	LC003746 - Page 240 of 621
1	fund management capabilities, and have expertise informing early learning facilities best practice
2	through assessment, training, and technical support.
3	42-12.6-4. Administration of program.
4	(a) The Department shall establish, administer, and oversee the Rhode Island early childhood
5	care and education capital fund as a competitive grant program, provided, however, that the
6	department may contract with a qualified community partner organization to administer the
7	program.
8	(b) Each recipient of a grant from the Rhode Island early childhood care and education fund
9	established in this chapter shall be an eligible organization intending to undertake an eligible
10	project having submitted an application that demonstrates: (i) a need for such project; (ii) the
11	project benefits to low-income children and the affected community; (iii) a financial need for
12	assistance in the form of such a grant; and (iv) local support for the project. Preference may be
13	given to projects that improve access to early childhood care and education in underserved
14	communities, commitment to providing high-quality care and education, and commitment to
15	serving families with public subsidy.
16	(c) The department shall promulgate such rules and regulations as are necessary to carry out
17	the intent and purpose and implementation of the responsibilities of each under this chapter.
18	42-12.6-5. Funding for program.
19	(a) The program established under this chapter may be funded from the proceeds of a general
20	obligation bond issuance dedicated to this purpose.
21	(b) The department of human services is hereby authorized to establish a restricted receipt
22	account, known as the “Rhode Island early childhood care and education capital fund,” within the
23	general fund of the state into which all amounts appropriated for the program created under this
24	chapter shall be deposited. In addition, charitable donations may be accepted into the account.
25	The account shall be used to pay for: (i) grants to eligible organizations; (ii) technical assistance
26	to early childhood care and education providers in matters related to capital planning and
27	application assistance; and (iii) costs associated with the administration of the program. The
28	account shall be exempt from the indirect cost recovery provisions of § 35-4-27.
29	42-12.6-5. Program integrity and reporting.
30	(a) Program integrity being of paramount importance, the department shall establish
31	procedures to ensure ongoing compliance with the terms and conditions of the program
32	established under this chapter, including procedures to safeguard the expenditure of public funds,
33	to ensure that the funds further the objectives of the program, and to evaluate the impact of the
34	program. Such requirements may include the submission of bank statements to verify availability
	LC003746 - Page 241 of 621
1	of matching funds and contractor invoices to substantiate project expenses, in addition to such
2	other reasonable documentation the department may require.
3	(b) The department shall publish a report on the Rhode Island early childhood care and
4	education capital fund. The report shall contain information on the status of program
5	implementation as well as an accounting of the commitment, disbursement, and use of funds
6	allocated to the program including a listing of the organization name, city or town in which
7	facility is located, project description, and grant amount for each recipient. The report shall also,
8	to the extent practicable, track the impact of each completed project in terms of the number and
9	quality of current or additional classrooms and seats supported and any other information that the
10	department may deem appropriate. The report is due no later than ninety (90) days after the end
11	of the fiscal year and shall be provided to the governor, speaker of the house of representatives,
12	and the president of the senate.
13	SECTION 9. Sections 42-64.26-3, 42-64.26-5, 42-64.26-8 and 42-64.26-12 of the
14	General Laws in Chapter 42-64.26 entitled “Stay Invested in RI Wavemaker Fellowship” are
15	hereby amended to read as follows:
16	42-64.26-3. Definitions.
17	As used in this chapter:
18	(1) “Eligible graduate” means an individual who meets the eligibility requirements under
19	this chapter.
20	(2) “Applicant” means an eligible graduate who applies for a tax credit for education loan
21	repayment expenses under this chapter.
22	(3) “Award” means a tax credit awarded by the commerce corporation to an applicant as
23	provided under this chapter.
24	(4) “Business” means any corporation, state bank, federal savings bank, trust company,
25	national banking association, bank holding company, loan and investment company, mutual
26	savings bank, credit union, building and loan association, insurance company, investment
27	company, broker-dealer company or surety company, limited liability company, partnership, sole
28	proprietorship, or federal agency or subsidiaries thereof.
29	(4)(5) “Taxpayer” means an applicant who receives a tax credit under this chapter.
30	(5)(6) “Commerce corporation” means the Rhode Island commerce corporation
31	established pursuant to chapter 64 of title 42.
32	(6)(7) “Eligible expenses” or “education loan repayment expenses” means annual higher
33	education loan repayment expenses, including, without limitation, principal, interest and fees, as
	LC003746 - Page 242 of 621
1	may be applicable, incurred and paid by an eligible graduate and which the eligible graduate is
2	obligated to repay for attendance at a post-secondary institution of higher learning.
3	(8) “Eligible high-demand STEM teacher” means a full-time content area teacher
4	employed by a Rhode Island local education agency and satisfying criteria proposed by the Rhode
5	Island Commissioner of Education in consultation with the commerce corporation and approved
6	by the commerce corporation, which at a minimum shall include provisions regarding minimum
7	instructional hours and qualifying high-demand STEM subject areas.
8	(7)(9) “Eligibility period” means a term of up to four (4) consecutive service periods
9	beginning with the date that an eligible graduate receives initial notice of award under this
10	chapter and expiring at the conclusion of the fourth service period after such date specified.
11	(8)(10) “Eligibility requirements” means the following qualifications or criteria required
12	for an applicant to claim an award under this chapter:
13	(i) That the applicant shall have graduated from an accredited two (2) year, four (4) year
14	or graduate post-secondary institution of higher learning with an associate’s, bachelor’s, graduate,
15	or post-graduate degree and at which the applicant incurred education loan repayment expenses;,
16	and be either
17	(A)(ii) That the applicant shall be aA full-time employee with a Rhode Island-based
18	employer located in this state throughout the eligibility period, whose employment is for work in
19	one or more of the following covered fields: life, natural or environmental sciences; computer,
20	information or software technology; advanced mathematics or finance; engineering; industrial
21	design or other commercially related design field; or medicine or medical device technology.; or
22	(B) A full-time employee that is an eligible high-demand STEM teacher.
23	(9)(11) “Full-time employee” means a person who is employed by a business or an
24	eligible high-demand STEM teacher as defined herein for consideration for a minimum of at least
25	thirty-five (35) hours per week, or who renders any other standard of service generally accepted
26	by custom or practice as full-time employment, or who is employed by a professional employer
27	organization pursuant to an employee leasing agreement between the business and the
28	professional employer organization for a minimum of thirty-five (35) hours per week, or who
29	renders any other standard of service generally accepted by custom or practice as full-time
30	employment, and whose earnings are subject to Rhode Island income tax and whose wages are
31	subject to withholding.
32	(12) “Local education agency” means a public board of education/school committee or
33	other public authority legally constituted within the State for either administrative control or
34	direction of one or more Rhode Island public elementary schools or secondary schools, or a
	LC003746 - Page 243 of 621
1	regional school district, state-operated school, regional collaboration, and charter school or
2	mayoral academy.
3	(10)(13) “Service period” means a twelve (12) month period beginning on the date that
4	an eligible graduate applicant receives initial notice of award under this chapter.
5	(11)(14) “Student loan” means a loan to an individual by a public authority or private
6	lender to assist the individual to pay for tuition, books, and living expenses in order to attend a
7	post-secondary institution of higher learning.
8	(12)(15) “Rhode Island-based employer” means (i) an employer having a principal place
9	of business or at least fifty-one percent (51%) of its employees located in this state; or (ii) an
10	employer registered to conduct business in this state that reported Rhode Island tax liability in the
11	previous tax year.
12	(13)(16) “Fund” refers to the “Stay Invested in RI Wavemaker Fellowship Fund”
13	established pursuant to § 42-64.26-4.
14	42-64.26-5. Administration.
15	(a) Application. An eligible graduate claiming an award under this chapter shall submit to
16	the commerce corporation an application in the manner that the commerce corporation shall
17	prescribe.
18	(b) Upon receipt of a proper application from an applicant who meets all of the eligibility
19	requirements, the commerce corporation shall select applicants on a competitive basis to receive
20	credits for up to a maximum amount for each service period of one thousand dollars ($1,000) for
21	an associate’s degree holder, four thousand dollars ($4,000) for a bachelor’s degree holder, and
22	six thousand dollars ($6,000) for a graduate or post-graduate degree holder, but not to exceed the
23	education loan repayment expenses incurred by such taxpayer during each service period
24	completed, for up to four (4) consecutive service periods provided that the taxpayer continues to
25	meet the eligibility requirements throughout the eligibility period. The commerce corporation
26	shall delegate the selection of the applicants that are to receive awards to a one or more
27	fellowship committees to be convened by the commerce corporation and promulgate the selection
28	procedures the fellowship committee or committees will use, which procedures shall require that
29	the committee’s consideration of applications be conducted on a name-blind and employer-blind
30	basis and that the applications and other supporting documents received or reviewed by the
31	fellowship committee or committees shall be redacted of the applicant’s name, street address, and
32	other personally-identifying information as well as the applicant’s employer’s name, street
33	address, and other employer-identifying information. The commerce corporation shall determine
34	the composition of the fellowship committee or committees and the selection procedures it will
	LC003746 - Page 244 of 621
1	use in consultation with the state’s chambers of commerce or the Rhode Island Department of
2	Education, as appropriate.
3	(c) The credits awarded under this chapter shall not exceed one hundred percent (100%)
4	of the education loan repayment expenses incurred paid by such taxpayer during each service
5	period completed for up to four (4) consecutive service periods. Tax credits shall be issued
6	annually to the taxpayer upon proof that (i) the taxpayer has actually incurred and paid such
7	education loan repayment expenses; (ii) the taxpayer continues to meet the eligibility
8	requirements throughout the service period; (iii) The award shall not exceed the original loan
9	amount plus any capitalized interest less award previously claimed under this section; and (iv)
10	that the taxpayer claiming an award is current on his or her student loan repayment obligations.
11	(d) In consultation with the Rhode Island Department of Education, the commerce
12	corporation shall set guidelines for the proportion of awards to be made to eligible high-demand
13	STEM teachers so long as no more than one hundred (100) and no more than twenty-five percent
14	(25%) of the awards issued in a calendar year are to eligible high-demand STEM teachers.
15	(d)(e) The commerce corporation shall not commit to overall awards in excess of the
16	amount contained in the fund.
17	(e)(f) The commerce corporation shall reserve seventy percent (70%) of the awards
18	issued in a calendar year to applicants who are permanent residents of the state of Rhode Island or
19	who attended an institution of higher education located in Rhode Island when they incurred the
20	education loan expenses to be repaid.
21	(f)(g) In administering award, the commerce corporation shall:
22	(1) Require suitable proof that an applicant meets the eligibility requirements for award
23	under this chapter;
24	(2) Determine the contents of applications and other materials to be submitted in support
25	of an application for award under this chapter; and
26	(3) Collect reports and other information during the eligibility period for each award to
27	verify that a taxpayer continues to meet the eligibility requirements for an award.
28	42-64.26-8. Carry forward and redemption of tax credits.
29	(a) If the amount of the tax credit allowed under this chapter exceeds the taxpayer’s total
30	tax liability for the year in which the credit is allowed, the amount of such credit that exceeds the
31	taxpayer’s tax liability may be carried forward and applied against the taxes imposed for the
32	succeeding four (4) years, or until the full credit is used, whichever occurs first.
33	(b) The tax credit allowed under this chapter may be used as a credit against personal
34	income taxes imposed under chapter 30 of title 44.
	LC003746 - Page 245 of 621
1	(c) The division of taxation shall at the request of a taxpayer redeem such credits in
2	whole or in part for one hundred percent (100%) of the value of the tax credit.
3	(d) Any award made amounts paid to a taxpayer for the redemption of tax credits allowed
4	pursuant to this section shall be exempt from taxation under title 44 of the General Laws.
5	42-64.26-12. Sunset.
6	No incentives or credits shall be authorized pursuant to this chapter after December 31,
7	2020December 31, 2023.
8	SECTION 10. Section 45-38.2-3 of the General Laws in Chapter 45-38.2 entitled "School
9	Building Authority Capital Fund" is hereby amended as follows:
10	45-38.2-3. Administration.
11	(a) The corporation shall have all the powers necessary or incidental to carry out and
12	effectuate the purposes and provisions of this chapter including:
13	(1) To receive and disburse such funds from the state as may be available for the purpose
14	of the fund subject to the provisions of this chapter;
15	(2) To make and enter into binding commitments to provide financial assistance to cities,
16	towns, and local education agencies from amounts on deposit in the fund;
17	(3) To enter into binding commitments to provide subsidy assistance for loans and city,
18	town, and local education agency obligations from amounts on deposit in the fund;
19	(4) To levy administrative fees on cities, towns, and local education agencies as
20	necessary to effectuate the provisions of this chapter; provided that the total amount of all such
21	fees assessed on any municipal bonds and other financing vehicles used for school construction
22	does not exceed one tenth of one percent (0.001) one percent (.01) of the original principal
23	amount;
24	(5) To engage the services of third-party vendors to provide professional services;
25	(6) To establish one or more accounts within the fund; and
26	(7) Such other authority as granted to the corporation under chapter 38.1 of this title.
27	(b) Subject to the provisions of this chapter, and to any agreements with the holders of
28	any bonds of the corporation or any trustee therefor, amounts held by the corporation for the
29	account of the fund shall be applied by the corporation, either by direct expenditure,
30	disbursement, or transfer to one or more other funds and accounts held by the corporation or a
31	trustee under a trust agreement or trust indenture entered into by the corporation with respect to
32	bonds or notes issued by the corporation under this chapter or by a holder of bonds or notes
33	issued by the corporation under this chapter, either alone or with other funds of the corporation, to
34	the following purposes:
	LC003746 - Page 246 of 621
1	(1) To provide financial assistance to cities, towns, and local education agencies to
2	finance costs of approved projects, and to refinance the costs of the projects, subject to such terms
3	and conditions, if any, as are determined by the department and/or the corporation;
4	(2) To fund reserves for bonds of the corporation and to purchase insurance and pay the
5	premiums therefor, and pay fees and expenses of letters or lines of credit and costs of
6	reimbursement to the issuers thereof for any payments made thereon or on any insurance, and to
7	otherwise provide security for, and a source of payment for obligations of the corporation, by
8	pledge, lien, assignment, or otherwise as provided in chapter 38.1 of this title;
9	(3) To pay or provide for subsidy assistance as determined by the school building
10	authority;
11	(4) To provide a reserve for, or to otherwise secure, amounts payable by cities, towns,
12	and local education agencies on loans and city, town, and local education agency obligations
13	outstanding in the event of default thereof; amounts in any account in the fund may be applied to
14	defaults on loans outstanding to the city, town, or local education agency for which the account
15	was established and, on a parity basis with all other accounts, to defaults on any loans or city,
16	town, or local education agency obligations outstanding; and
17	(5) To provide a reserve for, or to otherwise secure, by pledge, lien, assignment, or
18	otherwise as provided in chapter 38.1 of this title, any bonds or notes of the corporation issued
19	under this chapter.
20	(c) The repayment obligations of the city, town, or local education agency for loans shall
21	be in accordance with its eligibility for state aid for school housing as set forth in §§ 16-7-39, 16-
22	77.1-5, and 16-105-3(19).
23	(d) In addition to other remedies of the corporation under any loan or financing
24	agreement or otherwise provided by law, the corporation may also recover from a city, town, or
25	local education agency, in an action in superior court, any amount due the corporation together
26	with any other actual damages the corporation shall have sustained from the failure or refusal of
27	the city, town, or local education agency to make the payments or abide by the terms of the loan
28	or financing agreement.
29	SECTION 11. This article shall take effect upon passage.
	LC003746 - Page 247 of 621
1	ARTICLE 11
2	RELATING TO ECONOMIC DEVELOPMENT
3	SECTION 1. Sections 42-64.10-6 and 42-64.10-7 of the General Laws in Chapter 42-64.10
4	entitled “Quonset Development Corporation” are hereby amended to read as follows:
5	42-64.10-6. Additional general powers and duties.
6	In addition to the powers enumerated in § 42-64.10-5, except to the extent inconsistent with
7	any specific provision of this chapter, the corporation shall have and may exercise additional
8	general powers:
9	(a) As set forth in § 42-64-7 necessary or convenient to effect its purposes; provided,
10	however, that the corporation shall not have the power to issue bonds or notes or exercise eminent
11	domain;
12	(b) As a subsidiary of the Rhode Island commerce corporation as provided for in § 42-64-7.1;
13	(c) As the Rhode Island commerce corporation's true and lawful attorney as agent and
14	attorney-in-fact and in the name, place and stead of the Rhode Island commerce corporation with
15	respect to all property of the Rhode Island commerce corporation at Quonset Business Park
16	(hereinafter referred to as "the Property") and for the purposes hereinafter set forth:
17	(1) To ask, demand, recover, collect, receive, hold, and possess all sums of money, debts,
18	dues, goods, wares, merchandise, chattels, effects, bonds, notes, checks, drafts, accounts,
19	deposits, safe deposit boxes, interests, dividends, stock certificates, certificates of deposit,
20	insurance benefits and proceeds, documents of title, personal and real property, tangible and
21	intangible property, and property rights, liquidated or unliquidated, that now are, or hereafter,
22	shall be, or become, due, owing, or payable in respect to the property, and upon receipt thereof, or
23	of any part thereof, to make, sign, execute, and deliver such receipts, releases, or other discharges
24	for the same as the corporation shall deem proper.
25	(2) To lease, purchase, exchange and acquire, and to bargain, contract, and agree for the
26	lease, purchase, exchange, and acquisition of, and to take, receive, possess, and manage any real
27	or personal property related in any way to the property, tangible and intangible, or any interest
28	therein.
29	(3) To enter into and upon all and each of the real properties constituting a part of, or related
30	in any way, to the property, and to let, manage, and improve the real property or any part thereof,
31	and to repair or otherwise improve or alter, and to insure any buildings or structures thereon.
32	(4) To market and sell, either at public or private sale, or exchange any part or parts of the
33	real or personal properties, including indebtedness or evidence thereof, constituting a part of or
34	related in any way to the property, including sales on credit, and for that purpose to execute and
	LC003746 - Page 248 of 621
1	receive all promissory notes, bonds, mortgages, deeds of trust, security agreements, and other
2	instruments that may be necessary or proper, and to bargain, contract, and agree with respect to
3	the sale or exchange of such properties; and to execute and deliver good and sufficient deeds,
4	bills of sale, assignments, or other instruments or endorsements for the conveyance or transfer of
5	the same; and to give receipts for all or any part of the purchase price or other consideration.
6	(5) To sign, endorse, execute, acknowledge, deliver, receive, and possess such applications,
7	contracts, agreements, options, covenants, deeds, conveyances, trust deeds, mortgagees deeds,
8	security agreements, bills of sale, leases, mortgages, assignments, insurance policies, bills of
9	lading, warehouse receipts, documents of title, bills, bonds, debentures, checks, drafts, bills of
10	exchange, notes, stock certificates, proxies, warrants, commercial paper, receipts, withdrawal
11	receipts, and deposit instruments relating to accounts or deposits in, or certificates of deposit of,
12	banks, savings and loan or other institutions or associations, proofs of loss, evidences of debts,
13	releases, and satisfactions of mortgages, judgments, liens, security agreements, and other debts
14	and obligations, and other instruments in writing of whatever kind and nature as be necessary or
15	proper in the exercise of the rights and powers herein granted.
16	(6) To enter into subordination agreements, inter-creditor agreements, reinstatement
17	agreements, "stand still" and "stand-by" agreements, modification agreements, forbearance
18	agreements, and other contracts having the effect of subordinating, modifying, renewing,
19	restructuring or otherwise altering the rights, obligations, or liabilities of the commerce
20	corporation, under or with respect to any indebtedness, property, or other assets constituting or
21	securing any property.
22	(7) To make demands, give notices of default, notices of intention to accelerate, notices of
23	acceleration, or such other notices as the corporation deems necessary or appropriate, and to take
24	other actions and exercise other rights that may be taken under the terms of any loan agreements,
25	security agreements, guaranties, or other documents or agreements evidencing, or otherwise
26	relating to, the property, including foreclosure, lease, sale, taking possession of, realization upon,
27	or any other disposition of any property or any collateral therefor or guarantee thereof.
28	(8) To exercise any powers and any duties vested in the commerce corporation as a partner,
29	joint venturer, participant, or other joint-interest holder with respect to any property, or to concur
30	(or not) with persons jointly interested with the commerce corporation in any property.
31	(9) With respect to the property: (i) To sue on, or otherwise prosecute, any claim or cause of
32	action, or commence or seek any legal, equitable, or administrative or other remedy in any legal,
33	administrative, arbitration, mediation, or other proceeding whatsoever (including, non-judicial
34	repossessions and foreclosures or similar actions to recover collateral); (ii) To defend, or
	LC003746 - Page 249 of 621
1	otherwise participate for, or in the name of, the commerce corporation in any legal,
2	administrative, arbitration, mediation, or other proceedings; (iii) To process, determine, or
3	adjudge any claim or cause of action for, or in the name of, the commerce corporation; (iv) To
4	compromise, settle, discharge or resolve, or make, execute, or deliver any endorsements,
5	acquittances, releases, receipts, or other discharges of any claim, cause of action, determination,
6	judgment, or other proceeding for, or in the name of, the commerce corporation; and (v) To
7	prepare, execute, and file ad valorem, franchise and other tax returns, protests and suits against
8	taxing authorities, and to prepare, execute, and file other governmental or quasi-governmental
9	reports, declarations, applications, requests and documents in connection with any property, and
10	to pay taxes in connection with the property as the corporation deems necessary or appropriate, or
11	as otherwise required by law.
12	(10) Any third party shall be entitled to rely on a writing signed by the corporation to
13	conclusively establish the identity of a particular Property as property for all purposes hereof.
14	(d) To own, hold, improve, operate, manage, and regulate utilities at the Quonset Business
15	Park and to establish rates, fees, and charges, to adopt regulations, and to impose penalties for any
16	services or utilities it provides, or causes to have available, and to have functions and exercise
17	powers as necessary and appropriate under the provisions of §§ 42-64-4, 42-64-7.4, 42-64-7.8,
18	42-64-7.9 and 42-64-9.1 – 42-64-9.10, inclusive.
19	(e) To enter into agreements with any city, town, district, or public corporation with regard to
20	application and/or administration of zoning or other land use ordinances, codes, plans, or
21	regulations, and cities, towns, districts, and public corporations are hereby authorized and
22	empowered, notwithstanding any other law to the contrary, to enter into such agreements with the
23	corporation and to do all things necessary to carry out their obligations under such agreements; in
24	the absence of any such agreement the corporation shall act in accordance with the provisions of
25	§ 42-64-13.
26	(f) To enter into agreements, including with any state agency, city, town, district, or public
27	corporation, for the provision of police, security, fire, sanitation, health protection, and other
28	public services.
29	(g) To be exempt from taxation and to enter into agreements for payments in lieu of taxes as
30	provided for in § 42-64-20.
31	(h) To establish a stormwater management and conveyance system and regulate connections,
32	user fees, charges and assessments in connection therewith. In particular, the corporation shall
33	have full and complete power and authority to:
	LC003746 - Page 250 of 621
1	(1) Limit, deny, or cause appropriate direct or indirect connections to be made between any
2	building or property located in the Quonset Business Park, or from any location outside the
3	boundaries of the Quonset Business Park and discharging into the corporation's stormwater
4	management and conveyance systems. The corporation may prescribe those rules and regulations
5	for stormwater runoff, that in the opinion of the corporation, are necessary and appropriate for the
6	maintenance and operation of the stormwater management and conveyance systems, and may
7	establish, from time to time, rules and regulations relating to stormwater management in the
8	Quonset Business Park. Any person or entity having an existing connection to the stormwater
9	management and conveyance systems or currently discharging into such systems, will obtain a
10	permit from the corporation in accordance with its rules and regulations. No person or entity
11	shall, without first being granted a written permit from the corporation in accordance with its
12	rules and regulations, make any future connection or permit any runoff from any structure or
13	property to any stormwater management and conveyance systems, or any appurtenance thereto,
14	without first being granted a written permit from the corporation in accordance with its rules and
15	regulations.
16	(2) Compel any person or entity within the Quonset Business Park, for the purpose of
17	stormwater runoff, to establish a direct connection on the property of the person or entity, or at
18	the boundary thereof, to the corporation's stormwater management and conveyance systems.
19	These connections shall be made at the expense of such person or entity. The term
20	"appurtenance" as used herein shall be construed to include adequate pumping facilities,
21	whenever the pumping facilities shall be necessary to deliver the stormwater runoff to the
22	stormwater management and conveyance systems.
23	(3) Assess any person or entity having a direct or indirect connection (including, without
24	limitation, via runoff) to the Quonset Business Park stormwater management and conveyance
25	systems the reasonable charges for the use, operation, maintenance, and improvements to the
26	systems. The corporation shall also be entitled, in addition to any other remedies available, to
27	assess fines for violations of the rules and regulations established by the corporation with respect
28	to stormwater management.
29	(4) Collect the fees, charges, and assessments from any person or entity so assessed. Each
30	person or entity so assessed shall pay the fees, charges, or assessments within the time frame
31	prescribed by the rules and regulations of the corporation. The corporation may collect the fees,
32	charges, and assessments in the same manner in which taxes are collected by municipalities, with
33	no additional fees, charges, assessments, or penalties (other than those provided for in chapter 9
34	of title 44). All unpaid charges shall be a lien upon the real estate of the person or entity. The lien
	LC003746 - Page 251 of 621
1	shall be filed in the records of land evidence for the city or town in which the property is located
2	and the corporation shall simultaneously, with the filing of the lien, give notice to the property
3	owner. Owners of property subject to a lien for unpaid charges are entitled to a hearing within
4	fourteen (14) days of the recording of the lien.
5	(5) Notwithstanding the provisions of subsection (h)(4) of this section, the corporation is
6	authorized to terminate the water supply service or prohibit the use of the corporation's
7	stormwater management and conveyance systems of any person or entity for the nonpayment of
8	storm water management user fees, charges, and assessments. The corporation shall notify the
9	user of termination of water supply or use of the stormwater management and conveyance
10	systems at least forty-eight (48) hours prior to ceasing service. The corporation may assess any
11	person or entity any fees, charges, and assessments affiliated with the shut off and restoration of
12	service.
13	(6) Without in any way limiting the foregoing powers and authority, the corporation is also
14	hereby empowered to: (i) Establish a fee system and raise funds for administration and operation
15	of the stormwater management and conveyance systems; (ii) Prepare long-range, stormwater
16	management master plans; (iii) Implement a stormwater management district; (iv) Retrofit
17	existing structures to improve water quality or alleviate downstream flooding or erosion; (v)
18	Properly maintain existing stormwater management and conveyance systems; (vi) Hire personnel
19	to carry out the functions of the stormwater management and conveyance systems; (vii) Receive
20	grants, loans, or funding from state and federal water-quality programs; (viii) Grant credits to
21	property owners who maintain retention and detention basins or other filtration structures on their
22	property; (ix) Make grants for implementation of stormwater management plans; (x) Purchase,
23	acquire, sell, transfer, or lease real or personal property; (xi) Impose liens; (xii) Levy fines and
24	sanctions for noncompliance; (xiii) Provide for an appeals process; and (xiv) Contract for services
25	in order to carry out the function of the stormwater management and conveyance systems.
26	(i) To purchase and obtain water supply and water service from any city, town, water district,
27	or other water supply authority. In particular, the corporation is authorized to:
28	(1) Enter into agreements or contracts with any city, town, county, water district, or other
29	water supply authority to purchase, acquire, and receive water supply and water service.
30	(2) Enter into cooperative agreements with cities, towns, counties, water districts, or other
31	water supply authorities for the interconnection of facilities or for any other lawful corporate
32	purposes necessary or desirable to effect the purposes of this chapter.
33	(3) Connect the water supply system at Quonset Business Park with any city, town, county,
34	water district, or other water supply authority that receives or has a connection with the city of
	LC003746 - Page 252 of 621
1	Providence and/or the Providence Water Supply Board (or any successor thereof) and purchase,
2	connect to, receive, and enter into agreements to receive water supply from any city, town,
3	county, water district, or other water supply authority regardless of the origin of such water
4	supply. The city of Providence and the Providence Water Supply Board (and any successor
5	thereof) are authorized and directed to supply water to the Quonset Business Park either directly
6	or via connections between the Quonset Development Corporation and any city, town, county,
7	water district, or other water supply authority, notwithstanding any terms to the contrary in any
8	agreement, including, without limitation, any agreement between any city, town, county, water
9	district, or other water supply authority and the city of Providence and/or the Providence Water
10	Supply Board (or its or their predecessors), or the provisions of chapter 16 of title 39. In addition,
11	the provisions of § 18 of chapter 1278 of the public laws of Rhode Island of 1915 as amended,
12	and any other public law that would conflict with the terms hereof, are hereby amended to
13	authorize the provision of water supply by the city of Providence and the Providence Water
14	Supply Board (or any successor thereof) to the Quonset Business Park and to authorize any
15	additional connections in accordance herewith. There shall be no requirement that the corporation
16	demonstrate public necessity before entering into such agreements, connecting to such water
17	supplies, or receiving such water as described in this subsection, but the corporation shall be
18	subject to the other applicable provisions of chapter 15 of title 46.
19	(j) The corporation shall have and may exercise all powers set forth in general laws 42-64.34-
20	6(a) and 42-64.34-9 in the place and stead of the commerce corporation when requested by a
21	municipality and approved by the corporation.
22	42-64.10-7. Directors, officers and employees.
23	(a) Directors.
24	(1) The powers of the corporation shall be vested in a board of directors consisting of eleven
25	(11) members. The membership of the board shall consist of the executive director of the Rhode
26	Island economic development corporation as chairperson, (who shall vote only in the event of a
27	tie), six (6) members appointed by the governor, with the advice and consent of the senate, two
28	(2) members appointed by the town council of the town of North Kingstown, one member
29	appointed by the town council of the town of Jamestown, and one member appointed by the town
30	council of the town of East Greenwich. The initial members of the board shall be divided into
31	three (3) classes and shall serve initial terms on the board of directors as follows: two (2) of the
32	directors appointed by the governor; one of the directors appointed by the town council of the
33	town of North Kingstown shall be appointed for an initial term of one year; two (2) of the
34	directors appointed by the governor, one director appointed by the town council of the town of
	LC003746 - Page 253 of 621
1	North Kingstown and the director appointed by the town of East Greenwich shall be appointed
2	for an initial term of two (2) years; and two (2) of the directors appointed by the governor and one
3	director appointed by the town of Jamestown shall be appointed for an initial term of three (3)
4	years. Upon expiration of each initial term and upon the expiration of each term thereafter, a
5	successor shall be appointed by the same authority that made the initial appointment, and in the
6	case of appointments by the governor with the advice and consent of the senate, to serve for a
7	term of three (3) years so that members of the board of directors shall serve for staggered terms of
8	three (3) years each. A vacancy on the board, other than by expiration, shall be filled in the same
9	manner as an original appointment, but only for the unexpired portion of the term. If a vacancy
10	occurs with respect to one of the directors appointed by the governor when the senate is not in
11	session, the governor shall appoint a person to fill the vacancy, but only until the senate shall next
12	convene and give its advice and consent to a new appointment. A member shall be eligible to
13	succeed himself or herself. Appointed directors shall not serve more than two (2) successive three
14	(3) year terms but may be reappointed after not being a director for a period of at least twelve
15	(12) months. Each appointed director shall hold office for the term for which the director is
16	appointed and until the director's successor shall have been appointed and qualified, or until the
17	director's earlier death, resignation or removal. Except for members of the town council of the
18	town of North Kingstown, who may serve as members of the board of directors, no director shall
19	be an elected official of any governmental entity.
20	(2) The directors shall receive no compensation for the performance of their duties under this
21	chapter, but each director shall be reimbursed for his or her reasonable expenses incurred in
22	carrying out those duties. A director may engage in private employment, or in a profession or
23	business.
24	(3) Meetings. An annual meeting of the directors shall be held during the month of October of
25	each year for the purposes of electing and appointing officers and reviewing and considering for
26	approval the budget of the corporation. Regular meetings of the directors shall be held at least
27	once in each calendar quarter, at the call of the chairperson or secretary, or in accordance with an
28	annual schedule of meetings adopted by the board. Special meetings may be called for any
29	purposes by the chairperson or the secretary and as provided for in the bylaws of the corporation.
30	(4) A majority of the directors then in office, but not less than five (5) directors, shall
31	constitute a quorum, and any action to be taken by the corporation under the provisions of this
32	chapter, may be authorized by resolution approved by a majority of the directors present and
33	entitled to a vote at any regular or special meeting at which a quorum is present. A vacancy in the
	LC003746 - Page 254 of 621
1	membership of the board of directors shall not impair the right of a quorum to exercise all of the
2	rights and perform all of the duties of the corporation.
3	(5) Any action taken by the corporation under the provisions of this chapter may be
4	authorized by a vote at any regular or special meeting, and each vote shall take effect
5	immediately.
6	(6) The board of directors shall establish an audit committee and a governance committee,
7	which shall advise: (i) the board with the respect to the best practices of governance; and (ii) the
8	board, members of the board, and officers with respect to conflicts of interest, corporate ethics
9	and responsibilities, and the maintenance of the public trust; the members of the audit committee
10	and the governance committee shall be appointed by the chairperson with the advice of the board
11	of directors. In addition to the audit and the governance committee, the board may establish
12	bylaw or with the approval of the chairperson such other committees as it deems appropriate.
13	(7) To carry out the powers and duties under 42-64.10-6(j), the board of directors shall
14	establish a site readiness committee, which shall consist of members of the board of directors as
15	well as a representative of the Rhode Island League of Cities and Towns and a representative of
16	the Rhode Island Manufacturers Association selected by the board of directors. The board of
17	directors may grant its authority under 42-64.10-6(j) to this committee.
18	(78) The board shall prescribe the application of the cash flow of the corporation, in the
19	following order of priority:
20	(i) To debt service, including without limitation, sinking funds established in connection with
21	any financing;
22	(ii) To operating expenses;
23	(iii) To capital expenses;
24	(iv) To reserve funds as may be established by the board, from time to time; and
25	(v) To the economic development corporation for application to statewide economic
26	development.
27	(89) The board shall establish by bylaw limits on the expenditure of corporation funds
28	without approval of the board.
29	(910) The approval of the board shall be required for any recommendation to the economic
30	development corporation board of directors for the issuance of bonds or notes or borrowing
31	money on behalf of the corporation or for the exercise of eminent domain on behalf of the
32	corporation.
33	(b) Officers. The officers of the corporation shall include a chairperson, a managing director
34	who shall be the chief executive officer of the corporation, a vice-chairperson, a secretary, and a
	LC003746 - Page 255 of 621
1	finance director, as herein provided, and such other officers as the board may from time to time
2	establish.
3	(1) Chairperson. The executive director of the economic development corporation shall be
4	the chairperson of the board and shall appoint the managing director with the concurrence of the
5	board, appoint committee members, approve the corporation's annual operating and capital
6	budget, approve land sale prices, lease rents, and economic development incentives, and approve
7	numbers and types of employees and staff of the corporation, and preside at meetings of the
8	board.
9	(2) Managing director. The chief executive officer of the corporation shall be managing
10	director of the corporation, who shall be appointed by the chairperson with the concurrence of the
11	board. The managing director of the corporation shall be entitled to receive for his or her services
12	any reasonable compensation as the board of directors may determine. The board of directors
13	may vest in the managing director the authority to appoint staff members and to determine the
14	amount of compensation each individual shall receive.
15	(3) Vice-chairperson. The board of directors shall from among its members elect a vice-
16	chairperson who shall preside at meetings in the absence of the chairperson and have such other
17	duties and powers as the directors may from time to time prescribe.
18	(4) Other officers. The board shall appoint a secretary, a director of finance, the duties of
19	whom shall be prescribed in the bylaws of the corporation, and such additional officers and staff
20	members as they shall deem appropriate and shall determine the amount of reasonable
21	compensation, if any, each shall receive.
22	(5) With the exception of the chairperson, any number of offices may be held by the same
23	person, unless the bylaws provide otherwise.
24	(c) Employees.
25	(1) The corporation may have such numbers and types of employees as the board, with the
26	approval of the chairperson, shall determine upon the recommendation of the managing director.
27	The board, upon the recommendation of the managing director, may authorize entering into
28	agreements with the economic development corporation for any duties or functions to be
29	performed by employees, staff, or agents of the corporation.
30	(2) No full-time employee of the corporation shall, during the period of his or her
31	employment by the corporation, engage in any other private employment, profession or business,
32	except with the approval of the board of directors.
33	(3) Employees of the corporation shall not, by reason of their employment, be deemed to be
34	employees of the state for any purpose, any other provision of the general laws to the contrary
	LC003746 - Page 256 of 621
1	notwithstanding, including, without limiting, the generality of the foregoing, chapters 29, 39, and
2	42 of title 28 and chapters 4, 8, 9, and 10 of title 36.
3	SECTION 2. Sections 42-64.20-5 and 42-64.20-10 of the General Laws in Chapter 42-64.20
4	entitled “Rebuild Rhode Island Tax Credit Act” are hereby amended to read as follows:
5	42-64.20-5. Tax credits.
6	(a) An applicant meeting the requirements of this chapter may be allowed a credit as set forth
7	hereinafter against taxes imposed upon such person under applicable provisions of title 44 of the
8	general laws for a qualified development project.
9	(b) To be eligible as a qualified development project entitled to tax credits, an applicant's
10	chief executive officer or equivalent officer shall demonstrate to the commerce corporation, at the
11	time of application, that:
12	(1) The applicant has committed a capital investment or owner equity of not less than twenty
13	percent (20%) of the total project cost;
14	(2) There is a project financing gap in which after taking into account all available private
15	and public funding sources, the project is not likely to be accomplished by private enterprise
16	without the tax credits described in this chapter; and
17	(3) The project fulfills the state's policy and planning objectives and priorities in that:
18	(i) The applicant will, at the discretion of the commerce corporation, obtain a tax stabilization
19	agreement from the municipality in which the real estate project is located on such terms as the
20	commerce corporation deems acceptable;
21	(ii) It (A) Is a commercial development consisting of at least 25,000 square feet occupied by
22	at least one business employing at least 25 full-time employees after construction or such
23	additional full-time employees as the commerce corporation may determine; (B) Is a multi-family
24	residential development in a new, adaptive reuse, certified historic structure, or recognized
25	historical structure consisting of at least 20,000 square feet and having at least 20 residential units
26	in a hope community; or (C) Is a mixed-use development in a new, adaptive reuse, certified
27	historic structure, or recognized historical structure consisting of at least 25,000 square feet
28	occupied by at least one business, subject to further definition through rules and regulations
29	promulgated by the commerce corporation; and
30	(iii) Involves a total project cost of not less than $5,000,000, except for a qualified
31	development project located in a hope community or redevelopment area designated under § 45-
32	32-4 in which event the commerce corporation shall have the discretion to modify the minimum
33	project cost requirement.
	LC003746 - Page 257 of 621
1	(c) The commerce corporation shall develop separate, streamlined application processes for
2	the issuance of rebuild RI tax credits for each of the following:
3	(1) Qualified development projects that involve certified historic structures;
4	(2) Qualified development projects that involve recognized historical structures;
5	(3) Qualified development projects that involve at least one manufacturer; and
6	(4) Qualified development projects that include affordable housing or workforce housing.
7	(d) Applications made for a historic structure or recognized historic structure tax credit under
8	chapter 33.6 of title 44 shall be considered for tax credits under this chapter. The division of
9	taxation, at the expense of the commerce corporation, shall provide communications from the
10	commerce corporation to those who have applied for and are in the queue awaiting the offer of
11	tax credits pursuant to chapter 33.6 of title 44 regarding their potential eligibility for the rebuild
12	RI tax credit program.
13	(e) Applicants (1) Who have received the notice referenced in subsection (d) above and who
14	may be eligible for a tax credit pursuant to chapter 33.6 of title 44, (2) Whose application
15	involves a certified historic structure or recognized historical structure, or (3) Whose project is
16	occupied by at least one manufacturer shall be exempt from the requirements of subsections
17	(b)(3)(ii) and (b)(3)(iii). The following procedure shall apply to such applicants:
18	(i) The division of taxation shall remain responsible for determining the eligibility of an
19	applicant for tax credits awarded under chapter 33.6 of title 44;
20	(ii) The commerce corporation shall retain sole authority for determining the eligibility of an
21	applicant for tax credits awarded under this chapter; and
22	(iii) The commerce corporation shall not award in excess of fifteen percent (15%) of the
23	annual amount authorized in any fiscal year to applicants seeking tax credits pursuant to this
24	subsection (e).
25	(f) Maximum project credit.
26	(1) For qualified development projects, the maximum tax credit allowed under this chapter
27	shall be the lesser of (i) Thirty percent (30%) of the total project cost; or (ii) The amount needed
28	to close a project financing gap (after taking into account all other private and public funding
29	sources available to the project), as determined by the commerce corporation.
30	(2) The credit allowed pursuant to this chapter, inclusive of any sales and use tax exemptions
31	allowed pursuant to this chapter, shall not exceed fifteen million dollars ($15,000,000) for any
32	qualified development project under this chapter; except as provided in subsection (f)(3) of this
33	section; provided however, any qualified development project that exceeds the project cap upon
34	passage of this act shall be deemed not to exceed the cap, shall not be reduced, nor shall it be
	LC003746 - Page 258 of 621
1	further increased. No building or qualified development project to be completed in phases or in
2	multiple projects shall exceed the maximum project credit of fifteen million dollars ($15,000,000)
3	for all phases or projects involved in the rehabilitation of the building. Provided, however, that for
4	purposes of this subsection and no more than once in a given fiscal year, the commerce
5	corporation may consider the development of land and buildings by a developer on the "I-195
6	land" as defined in § 42-64.24-3(6) as a separate, qualified development project from a qualified
7	development project by a tenant or owner of a commercial condominium or similar legal interest
8	including leasehold improvement, fit out, and capital investment. Such qualified development
9	project by a tenant or owner of a commercial condominium or similar legal interest on the I-195
10	land may be exempted from subsection (f)(1)(i) of this section.
11	(3) The credit allowed pursuant to this chapter, inclusive of any sales and use tax exemptions
12	allowed pursuant to this chapter, shall not exceed twenty-five million dollars ($25,000,000) for
13	the project for which the I-195 redevelopment district was authorized to enter into a purchase and
14	sale agreement for parcels 42 and P4 on December 19, 2018, provided that project is approved for
15	credits pursuant to this chapter by the commerce corporation.
16	(g) Credits available under this chapter shall not exceed twenty fifteen percent (1520%) of
17	the project cost, except that credits shall not exceed twenty percent (20%) of project cost for
18	projects that involve recognized historic structures, or projects where infrastructure costs exceed
19	twenty percent (20%) of project costs, provided, however, that the applicant shall be eligible for
20	additional tax credits of not more than ten percent (10%) of the project cost, if the qualified
21	development project meets any of the following criteria or other additional criteria determined by
22	the commerce corporation from time to time in response to evolving economic or market
23	conditions:
24	(1) The project includes adaptive reuse or development of a recognized historical structure;
25	(2) The project is undertaken by or for a targeted industry;
26	(3) The project is located in a transit-oriented development area;
27	(4) The project includes residential development of which at least twenty percent (20%) of
28	the residential units are designated as affordable housing or workforce housing;
29	(5) The project includes the adaptive reuse of property subject to the requirements of the
30	industrial property remediation and reuse act, § 23-19.14-1 et seq.; or
31	(6) The project includes commercial facilities constructed in accordance with the minimum
32	environmental and sustainability standards, as certified by the commerce corporation pursuant to
33	Leadership in Energy and Environmental Design or other equivalent standards.
	LC003746 - Page 259 of 621
1	(h) Maximum aggregate credits. The aggregate sum authorized pursuant to this chapter,
2	inclusive of any sales and use tax exemptions allowed pursuant to this chapter, shall not exceed
3	two hundred ten million dollars ($210,000,000) two hundred fifty million dollars ($250,000,000),
4	excluding any tax credits allowed pursuant to subsection (f)(3) of this section.
5	(i) Tax credits shall not be allowed under this chapter prior to the taxable year in which the
6	project is placed in service.
7	(j) The amount of a tax credit allowed under this chapter shall be allowable to the taxpayer in
8	up to five, annual increments; no more than thirty percent (30%) and no less than fifteen percent
9	(15%) of the total credits allowed to a taxpayer under this chapter may be allowable for any
10	taxable year.
11	(k) If the portion of the tax credit allowed under this chapter exceeds the taxpayer's total tax
12	liability for the year in which the relevant portion of the credit is allowed, the amount that
13	exceeds the taxpayer's tax liability may be carried forward for credit against the taxes imposed for
14	the succeeding four (4) years, or until the full credit is used, whichever occurs first. Credits
15	allowed to a partnership, a limited-liability company taxed as a partnership, or multiple owners of
16	property shall be passed through to the persons designated as partners, members, or owners
17	respectively pro rata or pursuant to an executed agreement among persons designated as partners,
18	members, or owners documenting an alternate distribution method without regard to their sharing
19	of other tax or economic attributes of such entity.
20	(l) The commerce corporation, in consultation with the division of taxation, shall establish, by
21	regulation, the process for the assignment, transfer, or conveyance of tax credits.
22	(m) For purposes of this chapter, any assignment or sales proceeds received by the taxpayer
23	for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from
24	taxation under title 44. If a tax credit is subsequently revoked or adjusted, the seller's tax
25	calculation for the year of revocation or adjustment shall be increased by the total amount of the
26	sales proceeds, without proration, as a modification under chapter 30 of title 44. In the event that
27	the seller is not a natural person, the seller's tax calculation under chapter 11, 13, 14, or 17 of title
28	44, as applicable, for the year of revocation, or adjustment, shall be increased by including the
29	total amount of the sales proceeds without proration.
30	(n) The tax credit allowed under this chapter may be used as a credit against corporate
31	income taxes imposed under chapter 11, 13, 14, or 17, of title 44, or may be used as a credit
32	against personal income taxes imposed under chapter 30 of title 44 for owners of pass-through
33	entities such as a partnership, a limited-liability company taxed as a partnership, or multiple
34	owners of property.
	LC003746 - Page 260 of 621
1	(o) In the case of a corporation, this credit is only allowed against the tax of a corporation
2	included in a consolidated return that qualifies for the credit and not against the tax of other
3	corporations that may join in the filing of a consolidated tax return.
4	(p) Upon request of a taxpayer and subject to annual appropriation, the state shall redeem this
5	credit, in whole or in part, for ninety percent (90%) of the value of the tax credit. The division of
6	taxation, in consultation with the commerce corporation, shall establish by regulation a
7	redemption process for tax credits.
8	(q) Projects eligible to receive a tax credit under this chapter may, at the discretion of the
9	commerce corporation, be exempt from sales and use taxes imposed on the purchase of the
10	following classes of personal property only to the extent utilized directly and exclusively in the
11	project: (1) Furniture, fixtures, and equipment, except automobiles, trucks, or other motor
12	vehicles; or (2) Other materials, including construction materials and supplies, that are
13	depreciable and have a useful life of one year or more and are essential to the project.
14	(r) The commerce corporation shall promulgate rules and regulations for the administration
15	and certification of additional tax credit under subsection (e), including criteria for the eligibility,
16	evaluation, prioritization, and approval of projects that qualify for such additional tax credit.
17	(s) The commerce corporation shall not have any obligation to make any award or grant any
18	benefits under this chapter.
19	42-64.20-10. Sunset.
20	No credits shall be authorized to be reserved pursuant to this chapter after December 31,
21	2020December 31, 2023.
22	SECTION 3. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled “Rhode
23	Island Tax Increment Financing” is hereby amended to read as follows:
24	42-64.21-9. Sunset.
25	The commerce corporation shall enter into no agreement under this chapter after December 31,
26	20202023.
27	SECTION 4. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled “Tax
28	Stabilization Incentive” is hereby amended to read as follows:
29	42-64.22-15. Sunset.
30	The commerce corporation shall enter into no agreement under this chapter after December
31	31, 20202023.
32	SECTION 5. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled “First
33	Wave Closing Fund Act” is hereby amended to read as follows:
34	42-64.23-8. Sunset.
	LC003746 - Page 261 of 621
1	No financing shall be authorized to be reserved pursuant to this chapter after December 31,
2	20202023.
3	SECTION 6. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled “I-195
4	Redevelopment Project Fund Act” is hereby amended as follows:
5	42-64.24-8. Sunset.
6	No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant to
7	this chapter after December 31, 20202023.
8	SECTION 7. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled “Small
9	Business Assistance Program Act” is hereby repealed:
10	42-64.25.14. Sunset.
11	No grants, funding, or incentives shall be authorized pursuant to this chapter after December
12	31, 2020.
13	SECTION 8. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled “Main
14	Street Rhode Island Streetscape Improvement Fund” is hereby amended as follows:
15	42-64.27-6. Sunset.
16	No incentives shall be authorized pursuant to this chapter after December 31, 20202023.
17	SECTION 9. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled
18	“Innovation Initiative” is hereby amended as follows:
19	42-64.28-10. Sunset.
20	No vouchers, grants, or incentives shall be authorized pursuant to this chapter after December
21	31, 20202023.
22	SECTION 10. Section 42-64.29-8 of the General Laws in Chapter 42-64.29 entitled “Industry
23	Cluster Grants” is hereby amended as follows:
24	42-64.29-8. Sunset.
25	No grants or incentives shall be authorized to be reserved pursuant to this chapter after
26	December 31, 20202023.
27	SECTION 11. Section 42-64.31-4 of the General Laws in Chapter 42-64.31 entitled “High
28	School, College, and Employer Partnerships” is hereby amended as follows:
29	42-64.31-4. Sunset.
30	No grants shall be authorized pursuant to this chapter after December 31, 20202023.
31	SECTION 12. Section 42-64.32-6 of the General Laws in Chapter 42-64.32 entitled “Air
32	Service Development Fund” is hereby amended as follows:
33	42-64.32-6. Sunset.
	LC003746 - Page 262 of 621
1	No grants, credits, or incentives shall be authorized or authorized to be reserved pursuant to
2	this chapter after December 31, 20202023.
3	SECTION 13. Title 42 of the General Laws entitled "State Affairs and Government" is
4	hereby amended by adding thereto the following chapter:
5	CHAPTER 42-64.34
6	THE SITE READINESS ACT
7	42-64.34-1 Legislative findings.
8	(a) It is found and declared that:
9	(1) Rhode Island is home to a growing economy and municipalities are partners in the state’s
10	economic growth.
11	(2) The state seeks to work in even closer partnership with cities and towns to support
12	economic development throughout the state.
13	(3) The state seeks to serve as resource and partner for best practices and technical assistance
14	to enable the continued growth of cities and towns.
15	(4) Cities and towns have achieved great progress through initiatives such as LEAN
16	programs, e-permitting, and other process improvement programs and these successes should be
17	built upon and expanded.
18	(5) There is significant interest in using the Quonset Development Corporation as a model of
19	successful pre-permitting and shovel-ready site development, and to build off the success of
20	Quonset to identify and prepare pad-ready development sites around the state.
21	(6) Rhode Island lacks readily developable land and this lack of shovel ready sites can
22	prevent manufacturers and other types of businesses from locating in Rhode Island.
23	(7) Rhode Island can create a national model that integrates economic development processes
24	across the state in a mutually accountable partnership with cities and towns and Rhode Island can
25	develop an attractive portfolio of pre-permitted sites.
26	(8) This approach is premised upon cities and towns opting in – participating in ways that are
27	of the greatest value to the local community involved.
28	42-64.34-2. Short title.
29	This chapter shall be known as "The Site Readiness Act."
30	42-64.34-3. Establishment of Program.
31	There is hereby established the site readiness program to be administered by the Rhode Island
32	commerce corporation (“commerce corporation”), in partnership with the Quonset Development
33	Corporation, as set forth in this chapter.
34	42-64.34-4. Purposes.
	LC003746 - Page 263 of 621
1	To promote site readiness, the commerce corporation is authorized and empowered to carry
2	out the site readiness program for the following purposes:
3	(a) To foster and maintain strong collaborations with municipalities in the state.
4	(b) To provide all manner of support and assistance to municipalities and/or owners of real
5	property in order to foster economic development in Rhode Island.
6	(c) To promote site readiness in the state, including developing an inventory of vetted, pad-
7	ready sites in the state capable of supporting economic development and establishing a
8	professional capacity to develop, manage, and market lands to foster economic development in
9	Rhode Island.
10	(d) To establish, implement, and maintain high standards for design, improvement, operation,
11	and use of property in order to provide sites and related amenities for high quality businesses that
12	create high value-added jobs in Rhode Island.
13	(e) To plan, construct, reconstruct, rehabilitate, alter, improve, develop, maintain, operate
14	and/or acquire or convey any parcels, tracts, areas or projects within participating municipalities.
15	42-64.34-5. Definitions.
16	(a) As used in this chapter, words and terms, shall have the meaning set forth in § 42-64-3
17	unless this chapter provides a different meaning or unless the context indicates a different
18	meaning or intent.
19	42-64.34-6. Assistance to municipalities.
20	(a) In carrying out the site readiness program, the commerce corporation is authorized and
21	empowered to enter into contractual agreements with municipalities if such contracts are deemed
22	necessary or of utility by the commerce corporation; such contracts may include, among other
23	things, for the commerce corporation to provide all manner of support and assistance to
24	municipalities in connection with fostering economic development including, but not limited to,
25	aiding in the (i) preparation, adoption or implementation of laws, regulations, or processes related
26	to development; and (ii) the planning and development of any parcels, tracts, areas or projects
27	within the municipality; and municipalities are authorized and empowered, notwithstanding any
28	other law to the contrary, to enter into any contractual agreements with the commerce corporation
29	including provisions for the sharing or allocation of fees or other revenues and to do all things
30	necessary to carry out their obligations under the agreements.
31	(b)(1) Notwithstanding anything to the contrary in chapter 64.22 of title 42 of the general
32	laws or any regulations adopted in connection with the tax stabilization program created under
33	chapter 64.22 of title 42, if a qualifying community or hope community participating in the tax
34	stabilization program grants a qualifying tax stabilization agreement in connection with a
	LC003746 - Page 264 of 621
1	qualifying development project, upon application to the commerce corporation or a
2	recommendation by the Quonset Development Corporation to the commerce corporation of
3	eligibility of an enhanced award and subject to availability of appropriated funds, the commerce
4	corporation may provide a partial reimbursement of no more than twenty-five percent (25%) of
5	the qualifying community and/or hope community's forgone tax revenue. The qualification for
6	reimbursement shall cease upon any termination or cessation of the underlying tax stabilization
7	agreement or upon exhaustion of funds appropriated pursuant to this section.
8	(2) Terms used in this subsection that are defined in chapter 64.22 of title 42, shall have the
9	meaning as assigned in chapter 64.22 of title 42.
10	(3) The commerce corporation shall provide no more than five (5) certifications in any
11	calendar year under this subsection.
12	(c) To carry out the powers and duties under this chapter, the board of directors of the
13	commerce corporation shall establish a site readiness committee, which shall consist of members
14	of the board of directors as well as other members, including a representative of the Rhode Island
15	League of Cities and Towns selected by the board of directors and a representative appointed by
16	the governing body of the municipality seeking action under this chapter.
17	(d) Any department, agency, council, board or other instrumentality of the state shall
18	cooperate with the commerce corporation in relation to the implementation, execution and
19	administration of the program created under this chapter.
20	42-64.34-7. General powers.
21	Except to the extent inconsistent with any specific provision of this chapter and in addition to
22	the powers contained herein, the commerce corporation shall have and may exercise all powers
23	set forth in chapter 42-64 of the general laws. Nothing in this chapter diminishes any powers or
24	authority of the department of business regulation.
25	42-64.34-8. Regulations.
26	The commerce corporation may adopt implementation guidelines, directives, criteria, rules
27	and regulations pursuant to § 42-35-1, et seq. as are necessary for the implementation and
28	administration of the site readiness program, including development and land use guidelines, and
29	provisions for the imposition of fees or other charges in relation to the administration of the site
30	readiness program.
31	42-64.34-9. Site readiness.
32	(a) To promote site readiness within the state, the commerce corporation is authorized and
33	empowered to:
	LC003746 - Page 265 of 621
1	(1) Develop an efficient permitting and pre-permitting process in relation to parcels, tracts or
2	areas as authorized by a municipality participating in the site readiness program.
3	(2) To the extent authorized by a municipality, through and with the department of business
4	regulation as appropriate, conduct and/or issue any and all permits, licenses, state, and municipal
5	code reviews and approvals, including building and fire code reviews and approvals, or other
6	authorizations appropriate to carry-out the site readiness program; and/or
7	(3) Plan, construct, reconstruct, rehabilitate, alter, improve, develop, operate, maintain, any
8	parcels, tracts, or projects as authorized by a municipality participating in the site readiness
9	program. To the extent provided by the authorization for participation of a municipality in the site
10	readiness program, such parcels, tracts and projects that include a significant commercial office,
11	innovation/laboratory, industrial/port/marine/distribution, or sporting/performance/outdoor
12	entertainment venue use or include a structure in need of rehabilitation, revitalization, or
13	replacement or other uses as determined for this purpose by the economic development planning
14	council shall be exempt from local zoning or other land use ordinances, codes, including building
15	and fire codes, plans, or regulations of any municipality or political subdivision. Parcels, tracts,
16	areas or projects which are planned, constructed, reconstructed, rehabilitated, altered, improved,
17	or developed by the commerce corporation in accordance with the exemption provisions of this
18	subsection may be maintained and operated by the owners of such parcels, tracts, area or projects,
19	and their lessees or successors in interest, in the same manner as if such parcel, tract, area or
20	project had been in existence prior to the enactment of the zoning or other land use ordinances,
21	codes, plans, or regulations which, but for this chapter, would otherwise be applicable.
22	(b) The authority of the department of environmental management and the coastal resources
23	management council authorities under federal or state law, including but not limited to issuing
24	licenses and permits delegated to the department of environmental management pursuant to
25	chapter 1 of title 2 and to the coastal resources management council pursuant to chapter 23 of title
26	46, shall remain with those agencies.
27	(c) The commerce corporation shall, in planning, constructing, reconstructing, rehabilitating,
28	altering, or improving any parcel, tract, area or project, comply with all requirements of federal
29	laws, codes, or regulations applicable to that planning, construction, reconstruction, rehabilitation,
30	alteration, or improvement. Except as otherwise specifically provided to the contrary in the
31	authorization allowing participation by a municipality in the site readiness program or a contract
32	entered into between the commerce corporation and such municipality pursuant to § 42-64.33-
33	6(a) of this section, no municipality or other political subdivision of the state shall have the power
34	to modify or change in whole or in part the drawings, plans, or specifications for any parcel, tract,
	LC003746 - Page 266 of 621
1	area or project adopted by the commerce corporation; nor to require that any person, firm, or the
2	commerce corporation with respect to that parcel, tract, area or project perform work in any other
3	or different manner than that provided by those drawings, plans, and specifications; nor to require
4	that any such person, firm, or the commerce corporation obtain any approval, permit, or
5	certificate from the municipality or political subdivision in relation to the parcel, tract, area or
6	project; and the doing of that work by any person, firm, or the commerce corporation in
7	accordance with the terms of those drawings, plans, specifications, or contracts shall not subject
8	the person, firm, or the commerce corporation to any civil liability or penalty, other than as may
9	be stated in the contracts or may be incidental to the proper enforcement thereof; nor shall any
10	municipality or political subdivision have the power to require the commerce corporation, or any
11	lessee or successor in interest, to obtain any approval, permit, or certificate from the municipality
12	or political subdivision as a condition of owning, using, maintaining, operating, or occupying any
13	parcel, tract, area or project acquired, constructed, reconstructed, rehabilitated, altered, or
14	improved by the commerce corporation or pursuant to drawings, plans, and specifications made
15	or approved by the commerce corporation; provided, however, that nothing contained in this
16	subsection shall be deemed to relieve any person, firm, or commerce corporation from the
17	necessity of obtaining from any municipality or other political subdivision of the state any license
18	which, but for the provisions of this chapter, would be required in connection with the rendering
19	of personal services or sale at retail of tangible personal property.
20	42-64.34-10. Inconsistent provisions.
21	Insofar as the provisions of this chapter are inconsistent with the provisions of any other law
22	or ordinance, general, special or local, the provisions of this chapter shall be controlling.
23	42-64.34-11. Construction – Liberal construction.
24	This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally
25	construed so as to effectuate its purposes.
26	42-64.34-12. Severability.
27	If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any
28	court of competent jurisdiction to be invalid, that judgment shall not affect, impair, or invalidate
29	the remainder of the chapter but shall be confined in its operation to the clause, sentence,
30	paragraph, section, or part directly involved in the controversy in which that judgment shall have
31	been rendered.
32	42-64.34-13. Reporting requirements.
33	The commerce corporation shall publish a report summarizing municipality participation in
34	the program within sixty (60) days after the end of each fiscal year. The report shall contain
	LC003746 - Page 267 of 621
1	information on the commitment, disbursement, and use of funds expended by the commerce
2	corporation in relation to assistance to municipalities.
3	SECTION 14. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled “Rhode
4	Island Qualified Jobs Incentive Act of 2015” is hereby amended as follows:
5	44-48.3-14. Sunset.
6	No credits shall be authorized to be reserved pursuant to this chapter after December 31,
7	20202023.
8	SECTION 15. This article shall take effect upon passage.
	LC003746 - Page 268 of 621
1	ARTICLE 12
2	RELATING TO HOUSING
3	SECTION 1. Sections 42-55-4 of the General Laws in Chapter 42-55 entitled “Rhode
4	Island Housing and Mortgage Finance Corporation” is hereby amended to read as follows:
5	42-55-4. Creation of corporation – Composition – Personnel – Compensation.
6	(a) There is authorized the creation and establishment of a public corporation of the state,
7	having a distinct legal existence from the state and not constituting a department of the state
8	government, with the politic and corporate powers as are set forth in this chapter to be known as
9	the "Rhode Island housing and mortgage finance corporation" to carry out the provisions of this
10	chapter. The corporation is constituted a public instrumentality exercising public and essential
11	governmental functions, and the exercise by the corporation of the powers conferred by this
12	chapter shall be deemed and held to be the performance of an essential governmental function of
13	the state. It is the intent of the general assembly by the passage of this chapter to authorize the
14	incorporation of a public corporation and instrumentality and agency of the state for the purpose
15	of carrying on the activities authorized by this chapter, and to vest the corporation with all of the
16	powers, authority, rights, privileges, and titles that may be necessary to enable it to accomplish
17	these purposes. This chapter shall be liberally construed in conformity with the purpose
18	expressed.
19	(b) The powers of the corporation shall be vested in seven (7) nine (9) commissioners
20	consisting of the director of administration, or his or her designee; the general treasurer, or his or
21	her designee; the director of business regulations, or his or her designee; the executive director of
22	the housing resources coordinating council, or designee; the chairperson of the housing resources
23	steering committee, or designee; and four (4) members to be appointed by the governor with the
24	advice and consent of the senate who shall among them be experienced in all aspects of housing
25	design, development, finance, management, and state and municipal finance. The executive
26	director of the housing resources coordinating council and the chairperson of the housing
27	resources steering committee shall serve as non-voting, ex officio members of the board. On or
28	before July 1, 1973, the governor shall appoint one member to serve until the first day of July,
29	1974 and until his or her successor is appointed and qualified, one member to serve until the first
30	day of July, 1975, and until his or her successor is appointed and qualified, one member to serve
31	until the first day of July, 1976 and until his or her successor is appointed and qualified, one
32	member to serve until the first day of July, 1977 and until his or her successor is appointed and
33	qualified. During the month of June, 1974, and during the month of June annually thereafter, the
34	governor shall appoint a member to succeed the member whose term will then next expire to
	LC003746 - Page 269 of 621
1	serve for a term of four (4) years commencing on the first day of July then next following and
2	until his or her successor is appointed and qualified. A vacancy in the office of a commissioner,
3	other than by expiration, shall be filled in like manner as an original appointment, but only for the
4	unexpired portion of the term. If a vacancy occurs when the senate is not in session, the governor
5	shall appoint a person to fill the vacancy, but only until the senate shall next convene and give its
6	advice and consent to a new appointment. A member shall be eligible to succeed him or herself.
7	The governor shall designate a member of the corporation to serve as chairperson. Any member
8	of the corporation may be removed by the governor for misfeasance, malfeasance, or willful
9	neglect of duty.
10	(c) The commissioners shall elect from among their number a vice-chairperson annually
11	and those other officers as they may determine. Meetings shall be held at the call of the
12	chairperson or whenever two (2) commissioners so request. Four (4) commissioners of the
13	corporation shall constitute a quorum and any action taken by the corporation under the
14	provisions of this chapter may be authorized by resolution approved by a majority but not less
15	than three (3) of the commissioners present at any regular or special meeting. No vacancy in the
16	membership of the corporation shall impair the right of a quorum to exercise all of the rights and
17	perform all of the duties of the corporation.
18	(d) Commissioners shall receive no compensation for the performance of their duties, but
19	each commissioner shall be reimbursed for his or her reasonable expenses incurred in carrying
20	out his or her duties under this chapter.
21	(e) Notwithstanding the provisions of any other law, no officer or employee of the state
22	shall be deemed to have forfeited or shall forfeit his or her office or employment by reason of his
23	or her acceptance of membership of the corporation or his or her service to the corporation.
24	(f) The commissioners shall employ an executive director who shall also be the secretary
25	and who shall administer, manage, and direct the affairs and business of the corporation, subject
26	to the policies, control, and direction of the commissioners. The commissioners may employ
27	technical experts and other officers, agents, and employees, permanent and temporary, and fix
28	their qualifications, duties, and compensation. These employed persons shall not be subject to the
29	provisions of the classified service. The commissioners may delegate to one or more of their
30	agents or employees those administrative duties they may deem proper.
31	(g) The secretary shall keep a record of the proceedings of the corporation and shall be
32	custodian of all books, documents, and papers filed with the corporation and of its minute book
33	and seal. He or she, or his or her designee, or the designee of the board of commissioners, shall
34	have authority to cause to be made copies of all minutes and other records and documents of the
	LC003746 - Page 270 of 621
1	corporation and to give certificates under the seal of the corporation to the effect that the copies
2	are true copies and all persons dealing with the corporation may rely upon the certificates.
3	(h) Before entering into his or her duties, each commissioner of the corporation shall
4	execute a surety bond in the penal sum of fifty thousand dollars ($50,000) and the executive
5	director shall execute a surety bond in the penal sum of one hundred thousand dollars ($100,000)
6	or, in lieu of this, the chairperson of the corporation shall execute a blanket bond covering each
7	commissioner, the executive director and the employees or other officers of the corporation, each
8	surety bond to be conditioned upon the faithful performance of the duties of the office or offices
9	covered, to be executed by a surety company authorized to transact business in this state as surety
10	and to be approved by the attorney general and filed in the office of the secretary of state. The
11	cost of each bond shall be paid by the corporation.
12	(i) Notwithstanding any other law to the contrary, it shall not be or constitute a conflict of
13	interest for a director, officer, or employee of any financial institution, investment banking firm,
14	brokerage firm, commercial bank or trust company, architecture firm, insurance company, or any
15	other firm, person, or corporation to serve as a member of the corporation. If any commissioner,
16	officer, or employee of the corporation shall be interested either directly or indirectly, or shall be
17	a director, officer, or employee of or have an ownership interest in any firm or corporation
18	interested directly or indirectly in any contract with the corporation, including any loan to any
19	housing sponsor or health care sponsor, that interest shall be disclosed to the corporation and shall
20	be set forth in the minutes of the corporation and the commissioner, officer, or employee having
21	an interest therein shall not participate on behalf of the corporation in the authorization of this
22	contract.
23	SECTION 2. Chapter 42-128 of the General Laws entitled "Housing Resources Act of
24	1998" is hereby repealed in its entirety.
25	42-128-1. Findings.
26	(a) Rhode Island has an older housing stock which contributes invaluably to community
27	character, and in order to maintain the stability of neighborhoods and to sustain health
28	communities, it is necessary to have programs for housing and community development and
29	revitalization.
30	(b) Rhode Island has an active private sector that is engaged in supplying housing.
31	(c) Rhode Island has an active non-profit housing sector, which can, if provided adequate
32	support, assist low and moderate income persons and works to improve conditions in
33	neighborhoods and communities.
	LC003746 - Page 271 of 621
1	(d) Housing that is not adequately maintained is a source of blight in communities and a
2	cause of public health problems. Public health and safety are impaired by poor housing
3	conditions; poisoning from lead paint and respiratory disease (asthma) are significant housing
4	related health problems in Rhode Island.
5	(e) There is an increasing need for supported living arrangements for the elderly and a
6	continuing need for supported living arrangements for persons who are disabled and/or homeless.
7	(f) Fair housing, and the potential of unequal treatment of individuals based on race,
8	ethnicity, age, disability, and family, must be given continuing attention.
9	(g) Housing costs consume a disproportionate share of income for many Rhode Islanders;
10	housing affordability is a continuing problem, especially for first time home buyers and lower and
11	moderate income renters; the high cost of housing adversely affects the expansion of Rhode
12	Island's economy. Housing affordability and availability affect conditions of homelessness. The
13	high cost of housing and the lack of affordable, decent housing for low income households is a
14	source of hardship for very low income persons and families in Rhode Island.
15	(h) The Rhode Island housing and mortgage finance corporation, which has provided
16	more than two decades of assistance in addressing issues of both the affordability of home
17	ownership and rental housing and the preservation of the housing stock for low and moderate
18	income persons, is facing future funding shortfalls and must either increase revenues or reduce
19	programs in order to remain viable.
20	(i) The federal government has been reducing its commitment to housing since 1981, and
21	there is no indication that earlier levels of federal support for housing will be restored.
22	(j) Public housing authorities, which rely on federal support that is being reconsidered,
23	have been and continue to be an important housing resource for low income families and the
24	elderly.
25	(k) Rhode Island, unlike most other states, does not have an agency or department of state
26	government with comprehensive responsibility for housing.
27	(l) It is necessary and desirable in order to protect that public health and to promote the
28	public welfare, to establish a housing resources agency and a housing resources commission for
29	the purposes of improving housing conditions, promoting housing affordability, engaging in
30	community development activities, and assisting the urban, suburban, and rural communities of
31	the state.
32	42-128-2. Rhode Island housing resources agency created.
33	There is created within the executive department a housing resources agency with the
34	following purposes, organization, and powers:
	LC003746 - Page 272 of 621
1	(1) Purposes:
2	(i) To provide coherence to the housing programs of the state of Rhode Island and its
3	departments, agencies, commissions, corporations, and subdivisions.
4	(ii) To provide for the integration and coordination of the activities of the Rhode Island
5	housing and mortgage finance corporation and the Rhode Island housing resources commission.
6	(2) Coordinating committee – Created – Purposes and powers:
7	(i) The coordinating committee of the housing resources agency shall be comprised of the
8	chairperson of the Rhode Island housing and mortgage finance corporations; the chairperson of
9	the Rhode Island housing resources commission; the director of the department of administration,
10	or the designee of the director; and the executive director of the Rhode Island housing and
11	mortgage finance corporation. The chairperson of the Rhode Island housing resources
12	commission shall be chairperson of the coordinating committee.
13	(ii) The coordinating committee shall develop and shall implement, with the approval of
14	the Rhode Island housing and mortgage finance corporation and the Rhode Island housing
15	resources commission, a memorandum of agreement describing the fiscal and operational
16	relationship between the Rhode Island housing and mortgage finance corporation and the Rhode
17	Island housing resources commission and shall define which programs of federal assistance will
18	be applied for on behalf of the state by the Rhode Island housing and mortgage finance
19	corporation and the Rhode Island housing resources commission.
20	(3) There is hereby established a restricted receipt account within the general fund of the
21	state. Funds from this account shall be used to provide for the lead hazard abatement program,
22	housing rental subsidy, with priority given to homeless veterans and homeless prevention
23	assistance and housing retention assistance with priority to veterans.
24	42-128-3. Rhode Island Housing and Mortgage Finance Corporation.
25	The Rhode Island housing and mortgage finance corporation established by chapter 55 of
26	this title shall remain an independent corporation and shall serve as the housing finance and
27	development division of the Rhode Island housing resources agency.
28	42-128-4. Rhode Island housing resources commission.
29	The Rhode Island housing resources commission shall be an agency within the executive
30	department with responsibility for developing plans, policies, standards and programs and
31	providing technical assistance for housing.
32	42-128-5. Purposes.
33	The purposes of the commission shall be:
	LC003746 - Page 273 of 621
1	(1) To develop and promulgate state policies, and plans, for housing and housing
2	production and performance measures for housing programs established pursuant to state law.
3	(2) To coordinate activities among state agencies and political subdivisions pertaining to
4	housing.
5	(3) To promote the stability of and quality of life in communities and neighborhoods.
6	(4) To provide opportunities for safe, sanitary, decent, adequate and affordable housing in
7	Rhode Island.
8	(5) To encourage public-private partnerships that foster the production, rehabilitation,
9	development, maintenance, and improvement of housing and housing conditions, especially for
10	low and moderate income people.
11	(6) To foster and support no-profit organizations, including community development
12	corporations, and their associations and intermediaries, that are engaged in providing and housing
13	related services.
14	(7) To encourage and support partnerships between institutions of higher education and
15	neighborhoods to develop and retain quality, healthy housing and sustainable communities.
16	(8) To facilitate private for-profit production and rehabilitation of housing for diverse
17	populations and income groups.
18	(9) To provide, facilitate, and/or support the provisions of technical assistance.
19	42-128-6. Commission – Membership and terms – Officers – Expenses – Meetings.
20	(a)(1) Membership. The commission shall have twenty-eight (28) members as follows:
21	the directors of departments of administration, business regulation, elderly affairs, health, human
22	services, behavioral healthcare, developmental disabilities and hospitals, the chairperson of the
23	Rhode Island housing and mortgage finance corporation, and the attorney general, shall be ex
24	officio members; the president of the Rhode Island Bankers Association, or the designee of the
25	president; the president of the Rhode Island Mortgage Banker's Association, or the designee of
26	the president; the president of the Rhode Island Realtors Association, or the designee of the
27	president; the executive director of the Rhode Island Housing Network; the executive director of
28	the Rhode Island Coalition for the Homeless; the president of the Rhode Island Association of
29	Executive Directors for Housing, or the designee of the president; the executive director of
30	operation stand down; and thirteen (13) members who have knowledge of, and have a
31	demonstrated interest in, housing issues as they affect low-and moderate-income people,
32	appointed by the governor with the advice and consent of the senate: one of whom shall be the
33	chairperson, one of whom shall be the representative of the homeless; one of whom shall be a
34	representative of a community development corporation; one of whom shall be the representative
	LC003746 - Page 274 of 621
1	of an agency addressing lead poisoning issues; one of whom shall be a local planner; one of
2	whom shall be a local building official; one of whom shall be a representative of fair housing
3	interests; one of whom shall be representative of an agency advocating the interest of racial
4	minorities; one of whom shall be a representative of the Rhode Island Builders Association; one
5	of whom shall be a representative of insurers; one of whom shall be a representative of a
6	community development intermediary that provides financing and technical assistance to housing
7	non-profits; one of whom shall be a non-profit developer; and one of whom shall be a senior
8	housing advocate.
9	(2) The terms of appointed members shall be three (3) years, except for the original
10	appointments, the term of four (4) of whom shall be one year and the term of four (4) of whom
11	shall be two (2) years; no member may serve more than two (2) successive terms.
12	(b) Officers. The governor shall appoint the chairperson of the commission, who shall not
13	be an ex officio member, with the advice and consent of the senate. The commission shall elect
14	annually a vice-chairperson, who shall be empowered to preside at meetings in the absence of the
15	chairperson, and a secretary.
16	(c) Expenses. The members of the commission shall serve without compensation, but
17	shall be reimbursed for their reasonable actual expenses necessarily incurred in the performance
18	of their duties.
19	(d) Meetings. Meetings of the commission shall be held upon the call of the chairperson,
20	or five (5) members of the commission, or according to a schedule that may be annually
21	established by the commission; provided, however, that the commission shall meet at least once
22	quarterly. A majority of members of the commission, not including vacancies, shall constitute a
23	quorum, and no vacancy in the membership of the commission shall impair the right of a quorum
24	to exercise all the rights and perform all of the duties of the commission.
25	42-128-7. General powers.
26	The commission shall have the following powers, together with all powers incidental to
27	or necessary for the performance of those set forth in this chapter:
28	(1) To sue and be sued.
29	(2) To negotiate and to enter into contracts, agreements, and cooperative agreements with
30	agencies and political subdivisions of the state, not-for-profit corporations, for profit corporations,
31	and other partnerships, associations and persons for any lawful purpose necessary and desirable to
32	effect the purposes of this chapter.
	LC003746 - Page 275 of 621
1	(3) To adopt by-laws and rules for the management of its affairs and for the exercise of
2	its powers and duties, and to establish the committees, workgroups, and advisory bodies that from
3	time to time may be deemed necessary.
4	(4) To receive and accept grants or loans as may be made by the Federal government, and
5	grants, donations, contributions and payments from other public and private sources.
6	(5) To grant or loan funds to agencies and political subdivisions of the state or to private
7	groups to effect the purposes of this chapter.
8	(6) To secure the cooperation and assistance of the United States and any of its agencies,
9	and of the agencies and political subdivisions of this state in the work of the commission.
10	(7) To establish, charge, and collect fees and payments for its services.
11	42-128-8. Powers and duties.
12	In order to provide housing opportunities for all Rhode Islanders, to maintain the quality
13	of housing in Rhode Island, and to coordinate and make effective the housing responsibilities of
14	the agencies and subdivisions of the state, the commission shall have the following powers and
15	duties:
16	(1) Policy, planning and coordination of state housing functions. The commission shall
17	have the power and duty:
18	(i) To prepare and adopt the state's plans for housing; provided, however, that this
19	provision shall not be interpreted to contravene the prerogative of the state planning council to
20	adopt a state guide plan for housing.
21	(ii) To prepare, adopt, and issue the state's housing policy.
22	(iii) To conduct research on and make reports regarding housing issues in the state.
23	(iv) To advise the governor and general assembly on housing issues and to coordinate
24	housing activities among government agencies and agencies created by state law or providing
25	housing services under government programs.
26	(2) Establish, implement, and monitor state performance measures and guidelines for
27	housing programs. The commission shall have the power and the duty:
28	(i) To promulgate performance measures and guidelines for housing programs conducted
29	under state law.
30	(ii) To monitor and evaluate housing responsibilities established by state law, and to
31	establish a process for annual reporting on the outcomes of the programs and investments of the
32	state in housing for low and moderate income people.
33	(iii) To hear and resolve disputes pertaining to housing issues.
	LC003746 - Page 276 of 621
1	(3) Administer the programs pertaining to housing resources that may be assigned by
2	state law. The commission shall have the power and duty to administer programs for housing,
3	housing services, and community development, including, but not limited to, programs pertaining
4	to:
5	(i) Abandoned properties and the remediation of blighting conditions.
6	(ii) Lead abatement and to manage a lead hazard abatement program in cooperation with
7	the Rhode Island housing and mortgage finance corporation.
8	(iii) Services for the homeless.
9	(iv) Rental assistance.
10	(v) Community development.
11	(vi) Outreach, education and technical assistance services.
12	(vii) Assistance, including financial support, to non-profit organizations and community
13	development corporations.
14	(viii) Tax credits that assist in the provision of housing or foster community development
15	or that result in support to non-profit organizations performing functions to accomplish the
16	purposes of this chapter.
17	(ix) The Supportive Services Program, the purpose of which is to help prevent and end
18	homelessness among those who have experienced long-term homelessness and for whom certain
19	services in addition to housing are essential. State funding for this program may leverage other
20	resources for the purpose of providing supportive services. Services provided pursuant to this
21	subsection may include, but not be limited to: assistance with budgeting and paying rent; access
22	to employment; encouraging tenant involvement in facility management and policies; medication
23	monitoring and management; daily living skills related to food, housekeeping and socialization;
24	counseling to support self-identified goals; referrals to mainstream health, mental health and
25	treatment programs; and conflict resolution.
26	42-128-8.1. Housing production and rehabilitation.
27	(a) Short title. This section shall be known and may be cited as the "Comprehensive
28	Housing Production and Rehabilitation Act of 2004."
29	(b) Findings. The general assembly finds and declares that:
30	(1) The state must maintain a comprehensive housing strategy applicable to all cities and
31	towns that addresses the housing needs of different populations including, but not limited to,
32	workers and their families who earn less than one hundred twenty percent (120%) of median
33	income, older citizens, students attending institutions of higher education, low and very low
34	income individuals and families, and vulnerable populations including, but not limited to, persons
	LC003746 - Page 277 of 621
1	with disabilities, homeless individuals and families, and individuals released from correctional
2	institutions.
3	(2) Efforts and programs to increase the production of housing must be sensitive to the
4	distinctive characteristics of cities and towns, neighborhoods and areas and the need to manage
5	growth and to pace and phase development, especially in high growth areas.
6	(3) The state in partnership with local communities must remove barriers to housing
7	development and update and maintain zoning and building regulations to facilitate the
8	construction, rehabilitation of properties and retrofitting of buildings for use as safe affordable
9	housing.
10	(4) Creative funding mechanisms are needed at the local and state levels that provide
11	additional resources for housing development, because there is an inadequate amount of federal
12	and state subsidies to support the affordable housing needs of Rhode Island's current and
13	projected population.
14	(5) Innovative community planning tools, including, but not limited to, density bonuses
15	and permitted accessory dwelling units, are needed to offset escalating land costs and project
16	financing costs that contribute to the overall cost of housing and tend to restrict the development
17	and preservation of housing affordable to very low income, low income and moderate income
18	persons.
19	(6) The gap between the annual increase in personal income and the annual increase in
20	the median sales price of a single-family home is growing, therefore, the construction,
21	rehabilitation and maintenance of affordable, multi-family housing needs to increase to provide
22	more rental housing options to individuals and families, especially those who are unable to afford
23	homeownership of a single-family home.
24	(7) The state needs to foster the formation of cooperative partnerships between
25	communities and institutions of higher education to significantly increase the amount of
26	residential housing options for students.
27	(8) The production of housing for older citizens as well as urban populations must keep
28	pace with the next twenty-year projected increases in those populations of the state.
29	(9) Efforts must be made to balance the needs of Rhode Island residents with the ability
30	of the residents of surrounding states to enter into Rhode Island's housing market with much
31	higher annual incomes at their disposal.
32	(c) Strategic plan. The commission, in conjunction with the statewide planning program,
33	shall develop by July 1, 2006, a five (5) year strategic plan for housing, which plan shall be
34	adopted as an element of the state guide plan, and which shall include quantified goals,
	LC003746 - Page 278 of 621
1	measurable intermediate steps toward the accomplishment of the goals, implementation activities,
2	and standards for the production and/or rehabilitation of year-round housing to meet the housing
3	needs including, but not limited to, the following:
4	(1) Older Rhode Islanders, including senior citizens, appropriate, affordable housing
5	options;
6	(2) Workers, housing affordable at their income level;
7	(3) Students, dormitory, student housing and other residential options;
8	(4) Low income and very low income households, rental housing;
9	(5) Persons with disabilities, appropriate housing; and
10	(6) Vulnerable individuals and families, permanent housing, single room occupancy
11	units, transitional housing and shelters.
12	(d) As used in this section and for the purposes of the preparation of affordable housing
13	plans as specified in chapter 45-22.2, words and terms shall have the meaning set forth in chapter
14	45-22.2, chapter 45-53, and/or § 42-11-10, unless this section provides a different meaning or
15	unless the context indicates a different meaning or intent.
16	(1) "Affordable housing" means residential housing that has a sales price or rental
17	amount that is within the means of a household that is moderate income or less. In the case of
18	dwelling units for sale, housing that is affordable means housing in which principal, interest,
19	taxes, which may be adjusted by state and local programs for property tax relief, and insurance
20	constitute no more than thirty percent (30%) of the gross household income for a household with
21	less than one hundred and twenty percent (120%) of area median income, adjusted for family
22	size. In the case of dwelling units for rent, housing that is affordable means housing for which the
23	rent, heat, and utilities other than telephone constitute no more than thirty percent (30%) of the
24	gross annual household income for a household with eighty percent (80%) or less of area median
25	income, adjusted for family size. Affordable housing shall include all types of year-round
26	housing, including, but not limited to, manufactured housing, housing originally constructed for
27	workers and their families, accessory dwelling units, housing accepting rental vouchers and/or
28	tenant-based certificates under Section 8 of the United States Housing Act of 1937, as amended,
29	and assisted living housing, where the sales or rental amount of such housing, adjusted for any
30	federal, state, or municipal government subsidy, is less than or equal to thirty percent (30%) of
31	the gross household income of the low and/or moderate income occupants of the housing.
32	(2) "Affordable housing plan" means a plan prepared and adopted by a town or city either
33	to meet the requirements of chapter 45-53 or to meet the requirements of § 45-22.2-10(f), which
	LC003746 - Page 279 of 621
1	require that comprehensive plans and the elements thereof be revised to conform with
2	amendments to the state guide plan.
3	(3) "Approved affordable housing plan" means an affordable housing plan that has been
4	reviewed and approved in accordance with § 45-22.2-9.
5	(4) "Moderate income household" means a single person, family, or unrelated persons
6	living together whose adjusted gross income is more than eighty percent (80%) but less than one
7	hundred twenty percent (120%) of the area median income, adjusted for family size.
8	(5) "Seasonal housing" means housing that is intended to be occupied during limited
9	portions of the year.
10	(6) "Year-round housing" means housing that is intended to be occupied by people as
11	their usual residence and/or vacant units that are intended by their owner for occupancy at all
12	times of the year; occupied rooms or suites of rooms in hotels are year-round housing only when
13	occupied by permanent residents as their usual place of residence.
14	(e) The strategic plan shall be updated and/or amended as necessary, but not less than
15	once every five (5) years.
16	(f) Upon the adoption of the strategic plan as an element of the state guide plan, towns
17	and cities shall bring their comprehensive plans into conformity with its requirements, in
18	accordance with the timetable set forth in § 45-22.2-10(f), provided, however, that any town that
19	has adopted an affordable housing plan in order to comply with the provisions of chapter 45-53,
20	which has been approved for consistency pursuant to § 45-22.2-9, shall be deemed to satisfy the
21	requirements of the strategic plan for low and moderate income housing until such time as the
22	town must complete its next required comprehensive community plan update.
23	(g) Guidelines. The commission shall advise the state planning council and the state
24	planning council shall promulgate and adopt not later than July 1, 2006, guidelines for higher
25	density development, including, but not limited to: (A) inclusionary zoning provisions for low
26	and moderate income housing with appropriate density bonuses and other subsidies that make the
27	development financially feasible; and (B) mixed-use development that includes residential
28	development, which guidelines shall take into account infrastructure availability; soil type and
29	land capacity; environmental protection; water supply protection; and agricultural, open space,
30	historical preservation, and community development pattern constraints.
31	(h) The statewide planning program shall maintain a geographic information system map
32	that identifies, to the extent feasible, areas throughout the state suitable for higher density
33	residential development consistent with the guidelines adopted pursuant to subsection (g).
34	42-128-9. Offices within the commission.
	LC003746 - Page 280 of 621
1	There shall be, as a minimum, the following offices within the commission: the office of
2	policy and planning, the office of housing program performance and evaluation, the office of
3	homelessness services and emergency assistance, and the office of community development,
4	programs and technical assistance. The commission may establish by rule such other offices,
5	operating entities, and committees as it may deem appropriate.
6	42-128-10. Appropriations.
7	The general assembly shall annually appropriate any sums it may deem necessary to
8	enable the commission to carry out its assigned purposes; and the state controller is authorized
9	and directed to draw his or her orders upon the general treasurer for the payment of any sums
10	appropriated or so much as may be from time to time required, upon receipt by him or her of
11	proper vouchers approved by the chairperson or the executive director.
12	42-128-11. Executive director – Employees.
13	The commission shall appoint an executive director, who shall not be subject to the
14	provisions of chapter 4 of title 36, and who shall serve as the state housing commissioner. The
15	commission shall set the compensation and the terms of employment of the executive director.
16	The commission shall also cause to be employed such staff and technical and professional
17	consultants as may be required to carry out the powers and duties set forth in this chapter. All
18	staff, including the executive director, may be secured through a memorandum of agreement with
19	the Rhode Island housing and mortgage finance corporation, as provided for in § 42-128-2(2)(ii).
20	Any person who is in the civil service and is transferred to the commission may retain civil
21	service status.
22	42-128-12. Coordination with other state agencies.
23	State agencies, departments, authorities, corporations, boards, commissions, and political
24	subdivisions shall cooperate with the commission in the conduct of its activities, and specifically:
25	the Rhode Island historical preservation and heritage commission shall advise the commission on
26	issues of historical preservation standards as they pertain to housing and the use of historical
27	preservation programs to improve housing and to enhance community character; the statewide
28	planning program, created pursuant to § 42-11-10, shall advise the commission on issues of
29	planning in general and land use controls and shall revise the state guide plan, as necessary, to
30	achieve consistency with official state plans and policies for housing adopted by the commission,
31	and the department of business regulation shall advise the commission on issues of business
32	regulation affecting housing, shall review its regulations and practices to determine any
33	amendments, changes, or additions which might be appropriate to advance the purposes of this
	LC003746 - Page 281 of 621
1	chapter, and shall designate an official within the department to serve as liaison to, and the
2	contact person for, the commission on issues related to housing.
3	42-128-13. Open meetings law.
4	The housing resources agency, the coordinating committee, and the housing resources
5	commission and any committee, council, or advisory body created by the commission shall
6	conform to the provisions of chapter 46 of this title.
7	42-128-14. Public records law.
8	The housing resources agency, the coordinating committee, and the housing resources
9	commission and any committee, council, or advisory body created by the commission shall
10	conform to the provisions of chapter 2 of title 38.
11	42-128-15. Administrative procedures act.
12	The commission may adopt any rules, including measurable standards, in accordance
13	with the provisions of chapter 35 of this title that may be necessary to the purposes of this
14	chapter.
15	42-128-16. Annual report.
16	The commission shall submit for each calendar year by March 1 of the next year a report
17	to the governor and the general assembly on its activities and its findings and recommendations
18	regarding housing issues, which report by census tract, shall include the number and dollar
19	amount of its programs and an assessment of health related housing issues, including the
20	incidence of lead poisoning.
21	42-128-17. Severability and liberal construction.
22	If any provision of this chapter or the application of any provision to any person or
23	circumstance is held invalid, the invalidity shall not affect other provisions or applications of the
24	chapter, which can be given effect without the invalid provision or application, and to this end the
25	provisions of this chapter are declared to be severable. The provisions of this chapter shall be
26	construed liberally in order to accomplish the purposes of the chapter, and where any specific
27	power is given to the commission, the statement shall not be deemed to exclude or impair any
28	power otherwise in this chapter conferred upon the commission.
29	SECTION 3. Title 42 of the General Laws entitled "State Affairs and Government" is
30	hereby amended by adding thereto the following chapter:
31	CHAPTER 128.3
32	HOUSING AND COMMUNITY DEVELOPMENT
33	42-128.3-1. Findings.
34	(a) It is found and declared that:
	LC003746 - Page 282 of 621
1	(1) In order to sustain healthy and vibrant neighborhoods, it is necessary to have
2	programs for housing and community development. Housing affects state and local governments,
3	the economy, and multiple dimensions of Rhode Island residents’ welfare and quality of life.
4	(2) Rhode Island faces major challenges regarding housing affordability. High housing
5	costs and a lack of safe, affordable housing options are a source of hardship for persons and
6	families across the state, affecting conditions of homelessness as well as hampering state and
7	local economies.
8	(3) While Rhode Island has private and non-profit sectors that actively engage in
9	supplying housing, significant additional production is needed to meet the needs of Rhode
10	Island’s current and projected population. Creative funding mechanisms and regulatory strategies
11	are needed at the state and local level to achieve increased production.
12	(4) There remains significant unmet need in Rhode Island for supportive living
13	arrangements for elderly, disabled, or homeless residents.
14	(5) State and local governments must partner to remove regulatory barriers to adequate
15	housing production, including by leveraging zoning and building regulations to facilitate the
16	construction, rehabilitation, and retrofitting of properties for safe and productive residential use.
17	(6) Innovative community planning and development tools are needed to offset escalating
18	land and project financing costs that contribute to the overall cost of housing and tend to restrict
19	its development and preservation.
20	(7) The state has the opportunity to foster the formation of cooperative partnerships
21	between communities and institutions of higher education to significantly increase the amount of
22	residential housing options for students.
23	(8) Rhode Island has an older housing stock that contributes invaluably to community
24	character, but also requires resources to ensure that dwellings remain habitable and comply with
25	modern safety and accessibility standards.
26	(9) Housing that is not adequately maintained impairs public health and safety.
27	Respiratory disease (asthma) and poisoning from lead paint remain significant housing-related
28	health problems in Rhode Island. Additionally, there is increasing evidence that unstable housing
29	conditions have a significant negative impact on individual and public health.
30	(10) Rhode Island must give continuing attention to the unequal treatment of individuals
31	based on their race, ethnicity, age, disability, familial status, and other protected characteristics in
32	order to affirmatively further fair housing and foster inclusive communities free from
33	discriminatory barriers to opportunity.
	LC003746 - Page 283 of 621
1	(11) In order to comprehensively address housing challenges statewide, it is necessary
2	and desirable for the state to maintain a strategic housing plan that addresses the housing needs of
3	different populations including, but not limited to, workers and their families who earn less than
4	one hundred twenty percent (120%) of median income; older citizens; students attending
5	institutions of higher education; low and very low income individuals and families; and
6	vulnerable populations including, but not limited to, persons with disabilities, homeless
7	individuals and families, and individuals released from correctional institutions.
8	(12) To protect public health and welfare, it is necessary and desirable to establish a
9	division of housing and community development that administers programs to improve housing
10	conditions, promote housing affordability, engage in community development and disaster
11	assistance, provide services for the homeless, and assist the urban, suburban, and rural
12	communities of the state.
13	(13) To integrate, coordinate, and provide coherence to housing policies and programs
14	across the state’s agencies and political subdivisions, it is necessary and desirable to establish a
15	housing resources coordinating council that monitors and organizes state activity pertaining to
16	housing.
17	(14) To incorporate community and stakeholder input into the long-term vision for
18	housing policy in the state of Rhode Island, as well as to ensure the effective deployment of
19	existing resources, it is necessary and desirable to establish a housing resources steering
20	committee that advises the housing resources coordinating council on all matters pertaining to
21	housing, including policy goals, strategic directions, funding priorities, and guidelines and
22	performance metrics for state housing programs.
23	42-128.3-2. Short title.
24	This chapter shall be known as "The Housing and Community Development Act.”
25	42-128.3-3. Purposes.
26	The purposes of this chapter are to:
27	(a) To promote stability and quality of life in communities and neighborhoods in Rhode
28	Island.
29	(b) To promote the availability of safe, sanitary, decent, adequate, affordable, and
30	accessible housing within communities and neighborhoods.
31	(c) To encourage and support partnerships between public and private institutions,
32	communities and institutions of higher education in order to develop and retain quality, healthy
33	housing and sustainable communities.
	LC003746 - Page 284 of 621
1	(d) To foster and support non-profit organizations, including community development
2	corporations, and their associations and intermediaries, that are engaged in providing services
3	related to housing and community development.
4	(e) To facilitate private, nonprofit and for-profit production and rehabilitation of housing
5	for diverse populations and income groups.
6	(f) To provide, facilitate, and/or support the provision of technical assistance related to
7	housing and community development.
8	42-128.3-4. Division of Housing and Community Development created – Assignment
9	of contracts and transfer of employees – Offices – Powers and duties. – Organization.
10	(a) Created. There is created within the executive branch a division of housing and
11	community development (“DHCD”) with responsibility for administering plans, policies,
12	standards, programs, and technical assistance for housing and community development.
13	(b) Assignment of contracts and transfer of employees. Any contracts or agreements to
14	which the office formerly known as the office of housing and community development
15	(“OHCD”) shall be assigned to DHCD. Any employees of OHCD shall be transferred to DHCD.
16	Any existing rules or regulations promulgated by OHCD shall remain in effect and be transferred
17	to DHCD. Whenever any general law, or public law, rule, regulation and/or bylaw, refers to the
18	"office of housing and community development," the reference shall be deemed to refer to and
19	mean DHCD.
20	(c) Offices. DHCD may establish such offices and committees as it may deem
21	appropriate.
22	(d) Powers and duties. In order to maintain the quality of housing in Rhode Island and
23	provide housing opportunities for all of its residents, DHCD shall have the following powers and
24	duties:
25	(1) To administer programs pertaining to housing, housing services, and community
26	development, including, but not limited to, programs pertaining to:
27	(i) Services for the homeless;
28	(ii) Rental assistance;
29	(iii) Community development;
30	(iv) Disaster assistance;
31	(v) Outreach, education and technical assistance services; and
32	(vi) Assistance, including financial support, to non-profit organizations and community
33	development corporations.
	LC003746 - Page 285 of 621
1	(2) To delegate any of its powers as necessary in order to accomplish the purposes of this
2	chapter.
3	(e) Organization. Consistent with § 42-64.19-7(h), DHCD shall be assigned to the
4	Executive Office of Commerce.
5	42-128.3-5. Housing resources coordinating council created – Powers and duties –
6	Members –Employees – Assignment of contracts and transfer of employees.
7	(a) Created. There is created within the executive branch a housing resources
8	coordinating council (“coordinating council”) that shall have as its purpose the coordination of
9	housing policies and programs across state agencies and political subdivisions in order to ensure
10	the efficient and effective deployment of resources.
11	(b) Powers and duties. The coordinating council is authorized and empowered to carry
12	out the following powers and duties:
13	(1) To negotiate and to enter into contracts and cooperative agreements with agencies and
14	political subdivisions of the state, not-for-profit corporations, for profit corporations, and other
15	partnerships, associations and persons for any lawful purpose necessary and desirable to effect the
16	purposes of this chapter, subject to the provisions of chapter 2 of title 37 as applicable.
17	(2) To establish committees, workgroups, and advisory bodies as deemed necessary to
18	advise on housing policy, strategy, and special topics.
19	(3) To develop, in consultation with the housing resources steering committee, state
20	plans, policies, and programs for housing.
21	(4) To adopt performance metrics and guidelines for state housing programs.
22	(5) To monitor and evaluate the performance of state housing programs, and to convey
23	updates to the housing resources steering committee on program performance, including progress
24	towards the goals and metrics identified in the state’s strategic housing plan and/or plan to end
25	homelessness.
26	(6) To adopt, in consultation with the housing resources steering committee, measures to
27	promote inclusive community input on state housing plans, policies, programs, and deployment
28	of funds.
29	(7) To adopt by-laws and rules for the management of its affairs and the exercise of its
30	powers and duties.
31	(8) To grant or loan funds to agencies and political subdivisions of the state or to private
32	groups for any lawful purpose necessary and desirable to effect the purposes of this chapter.
33	(9) To secure the cooperation and assistance of the United States and any of its agencies.
34	(10) To establish, charge, and collect fees and payments for its services.
	LC003746 - Page 286 of 621
1	(11) To accept grant funds and in-kind contributions from governmental and private
2	entities.
3	(12) To delegate any of its powers in order to accomplish the purposes of this chapter.
4	(c) Members. The coordinating council shall be comprised of the chairperson of the
5	Rhode Island housing and mortgage finance corporation, or designee; the chairperson of the
6	housing resources steering committee; the secretary of commerce, or designee; the secretary of
7	health and human services, or designee; a member of the Rhode Island Continuum of Care who
8	also represent an agency or political subdivision of the state; and two (2) members appointed by
9	the governor, who each also represent an agency or political subdivision of the state. The
10	governor shall designate one of the coordinating council’s members to be chairperson.
11	(d) Employees. The governor shall appoint, with the advice of the coordinating council,
12	an executive director of the coordinating council, who shall not be subject to the provisions of
13	chapter 4 in title 36, and who may also serve in the executive office of commerce as the deputy
14	secretary of housing and homelessness. The coordinating council shall also cause to be employed
15	such other staff and technical and professional consultants as may be required to carry out the
16	powers and duties set forth in this chapter. All staff, including the executive director, may be
17	secured through a memorandum of agreement with the Rhode Island housing and mortgage
18	finance corporation, with the approval of Rhode Island housing and mortgage finance
19	corporation, or any other agency or political subdivision of the state, with the approval of the
20	relevant agency or political subdivision. Any person who is in the civil service and is transferred
21	to the coordinating council may retain civil service status.
22	(e) Assignment of contracts and transfer of employees. Any contracts or agreements to
23	which the agency formerly known the housing resources commission shall be assigned to the
24	coordinating council. Any employees of the agency formerly known as the housing resources
25	commission shall be transferred to the coordinating council. Any existing rules or regulations
26	promulgated by the housing resources commission shall remain in effect and be transferred to the
27	coordinating council. Whenever any general law, or public law, rule, regulation and/or bylaw,
28	refers to the "housing resources commission," the reference shall be deemed to refer to and mean
29	the coordinating council.
30	42-128.3-6. Appropriations – Restricted receipts account.
31	(a) The general assembly shall annually appropriate any sums it may deem necessary to
32	enable the coordinating council to carry out its assigned purposes; and the state controller is
33	authorized and directed to draw his or her orders upon the general treasurer for the payment of
	LC003746 - Page 287 of 621
1	any sums appropriated or so much as may be from time to time required, upon receipt by him or
2	her of proper vouchers approved by the chairperson or the executive director.
3	(b) The restricted receipt account within the general fund of the state known as “housing
4	resources commission” prior to July 1, 2020, shall henceforth be utilized by the housing resources
5	coordinating council. Funds from this account shall be used by the coordinating council to
6	provide for initiatives including housing production; lead hazard abatement; housing rental
7	subsidy; housing retention assistance; and homelessness services and prevention assistance, with
8	priority to veterans.
9	(c) There is hereby established a restricted receipt account within the general fund of the
10	state, to be known as the “housing production fund”. Funds from this account shall be
11	administered by the Rhode Island housing and mortgage finance corporation, subject to program
12	and reporting guidelines adopted by the coordinating council, for housing production initiatives,
13	including:
14	(1) Financial assistance by loan, grant, or otherwise, for the planning, production, or
15	preservation of housing opportunities in Rhode Island, including housing affordable to workers
16	and located near major workforce centers; or
17	(2) Technical and financial assistance for cities and towns to support increased local
18	housing production, including by reducing regulatory barriers and through the housing incentives
19	for municipalities program.
20	42-128.3-7. Rhode Island housing and mortgage finance corporation.
21	The Rhode Island housing and mortgage finance corporation established by chapter 55 of
22	this title shall remain an independent corporation and shall serve as the housing finance and
23	development division of the state.
24	42-128.3-8. Housing resources steering committee created – Powers and duties –
25	Members – Officers – Expenses – Meetings.
26	(a) Created. There is created a standing committee to be known as the housing resources
27	steering committee (“steering committee”). The steering committee is established for the
28	purposes of incorporating community and stakeholder input into: (i) the long-term vision for
29	housing policy in the state of Rhode Island, and (ii) the deployment of existing resources.
30	(b) Powers and duties. The steering committee shall have the powers and duties:
31	(1) To adopt the state of Rhode Island’s strategic housing plan; provided, however, that
32	this provision shall not be interpreted to contravene the prerogative of the state planning council
33	to adopt a state guide plan for housing.
34	(2) To adopt the state of Rhode Island’s plan to end homelessness.
	LC003746 - Page 288 of 621
1	(3) To monitor and evaluate the progress of state housing programs towards the goals and
2	metrics identified in the state’s strategic housing plan and/or plan to end homelessness.
3	(4) To make recommendations to the coordinating council on all matters pertaining to
4	housing, including policy goals, strategic directions, funding priorities, and guidelines and
5	performance metrics for state housing programs.
6	(5) To make recommendations to the coordinating council on program and reporting
7	guidelines for the housing production fund established pursuant to § 42-128.3-6(c).
8	(6) To make recommendations to the coordinating council on strategies to ensure
9	inclusive community input on state housing plans, policies, and program development.
10	(7) To conduct research and make independent reports on housing issues, including by
11	(i) inviting experts and other witnesses to submit testimony and (ii) contracting with experts and
12	consultants as necessary to inform deliberations and recommendations.
13	(8) To accept grant funds and in-kind contributions from governmental and private
14	entities.
15	(9) To adopt by-laws and rules for the management of its affairs and for the exercise of
16	its powers and duties.
17	(c) Members. The steering committee shall be comprised of nineteen (19) members as
18	follows:
19	(1) Thirteen (13) members to be appointed by the governor with the advice and consent
20	of the senate and drawn from the following areas: disability advocacy; homelessness; veterans
21	services and welfare; banking and lending; fair housing and/or civil rights advocacy; education
22	advocacy; healthy housing and/or health equity; the business community; public housing
23	authorities; for-profit development; non-profit development and/or community development
24	corporations; local government; seniors and healthy aging; colleges and universities; realty and
25	homeownership; or any other area deemed necessary to advance the activities of the steering
26	committee.
27	(2) The six (6) members of coordinating council who represent a state agency or political
28	subdivision.
29	(3) The terms of steering committee members appointed pursuant to § 42-128.3-8(c)(1)
30	shall be three (3) years, except for the original appointments, the term of four (4) of whom shall
31	be one year and the term of four (4) of whom shall be two (2) years; no member may serve more
32	than two (2) successive terms.
	LC003746 - Page 289 of 621
1	(d) Officers. The governor shall designate one of the steering committee’s members to be
2	chairperson. The steering committee shall elect annually a vice-chairperson, who shall be
3	empowered to preside at meetings in the absence of the chairperson, and a secretary.
4	(e) Expenses. Members of the steering committee appointed pursuant § 42-128.3-8(c)(1)
5	shall serve without compensation, but may be reimbursed for their reasonable actual expenses
6	necessarily incurred in the performance of their duties.
7	(f) Meetings. Meetings of the steering committee shall be held upon the call of the
8	chairperson, or five (5) members; provided, however, that the steering committee shall meet at
9	least once quarterly. A majority of members, not including vacancies, shall constitute a quorum,
10	and no vacancy in the membership shall impair the right of a quorum to exercise all the rights and
11	perform all of the duties of the steering committee.
12	42-128.3-9. Coordination with other state agencies.
13	All departments, boards, agencies, and political subdivisions of the state shall cooperate
14	with DHCD, the coordinating council, and the steering committee, and furnish any advice and
15	information, documentary and otherwise, that may be necessary or desirable to facilitate the
16	purposes of this chapter.
17	42-128.3-10. Definitions – Strategic housing plan – Updates – Conformity –
18	Guidelines.
19	(a) Definitions. As used in this section and for the purposes of the preparation of
20	affordable housing plans as specified in chapter 45-22.2, words and terms shall have the meaning
21	set forth in chapter 45-22.2, chapter 45-53, and/or § 42-11-10, unless this section provides a
22	different meaning or unless the context indicates a different meaning or intent.
23	(1) "Affordable housing" means residential housing that has a sales price or rental
24	amount that is within the means of a household that is moderate income or less. In the case of
25	dwelling units for sale, housing that is affordable means housing in which principal, interest,
26	taxes, which may be adjusted by state and local programs for property tax relief, and insurance
27	constitute no more than thirty percent (30%) of the gross household income for a household with
28	less than one hundred and twenty percent (120%) of area median income, adjusted for family
29	size. In the case of dwelling units for rent, housing that is affordable means housing for which the
30	rent, heat, and utilities other than telephone constitute no more than thirty percent (30%) of the
31	gross annual household income for a household with eighty percent (80%) or less of area median
32	income, adjusted for family size. Affordable housing shall include all types of year-round
33	housing, including, but not limited to, manufactured housing, housing originally constructed for
34	workers and their families, accessory dwelling units, housing accepting rental vouchers and/or
	LC003746 - Page 290 of 621
1	tenant-based certificates under Section 8 of the United States Housing Act of 1937, as amended,
2	and assisted living housing, where the sales or rental amount of such housing, adjusted for any
3	federal, state, or municipal government subsidy, is less than or equal to thirty percent (30%) of
4	the gross household income of the low and/or moderate income occupants of the housing.
5	(2) "Affordable housing plan" means a plan prepared and adopted by a town or city either
6	to meet the requirements of chapter 45-53 or to meet the requirements of § 45-22.2-10(f), which
7	require that comprehensive plans and the elements thereof be revised to conform with
8	amendments to the state guide plan.
9	(3) "Approved affordable housing plan" means an affordable housing plan that has been
10	reviewed and approved in accordance with § 45-22.2-9.
11	(4) "Moderate income household" means a single person, family, or unrelated persons
12	living together whose adjusted gross income is more than eighty percent (80%) but less than one
13	hundred twenty percent (120%) of the area median income, adjusted for family size.
14	(5) "Seasonal housing" means housing that is intended to be occupied during limited
15	portions of the year.
16	(6) "Year-round housing" means housing that is intended to be occupied by people as
17	their usual residence and/or vacant units that are intended by their owner for occupancy at all
18	times of the year; occupied rooms or suites of rooms in hotels are year-round housing only when
19	occupied by permanent residents as their usual place of residence.
20	(b) Strategic housing plan. The steering committee, in conjunction with the statewide
21	planning program, shall adopt a four (4) year strategic plan for housing, which plan shall be
22	adopted as an element of the state guide plan, and which shall include quantified goals,
23	measurable intermediate steps toward the accomplishment of the goals, implementation activities,
24	and standards for the production and/or rehabilitation of year-round housing to meet the housing
25	needs including, but not limited to, the following:
26	(1) Older Rhode Islanders, including senior citizens, appropriate, affordable housing
27	options;
28	(2) Workers, housing affordable at their income level;
29	(3) Students, dormitory, student housing and other residential options;
30	(4) Low income and very low income households, rental housing;
31	(5) Persons with disabilities, appropriate housing; and
32	(6) Vulnerable individuals and families, permanent housing, single room occupancy
33	units, transitional housing and shelters.
	LC003746 - Page 291 of 621
1	(c) Updates. The strategic housing plan shall be updated and/or amended as necessary,
2	but not less than once every four (4) years.
3	(d) Conformity. Upon the adoption of the strategic housing plan as an element of the state
4	guide plan, towns and cities shall bring their comprehensive plans into conformity with its
5	requirements, in accordance with the timetable set forth in § 45-22.2-10(f), provided, however,
6	that any town that has adopted an affordable housing plan in order to comply with the provisions
7	of chapter 45-53, which has been approved for consistency pursuant to § 45-22.2-9, shall be
8	deemed to satisfy the requirements of the strategic plan for low and moderate income housing
9	until such time as the town must complete its next required comprehensive community plan
10	update.
11	(e) Guidelines. The steering committee shall advise the state planning council, and the
12	state planning council shall promulgate and adopt, guidelines for higher density development,
13	including, but not limited to: (i) inclusionary zoning provisions for low and moderate income
14	housing with appropriate density bonuses and other subsidies that make the development
15	financially feasible; and (ii) mixed-use development that includes residential development, which
16	guidelines shall take into account infrastructure availability; soil type and land capacity;
17	environmental protection; water supply protection; and agricultural, open space, historical
18	preservation, and community development pattern constraints.
19	(f) The statewide planning program shall maintain a geographic information system map
20	that identifies, to the extent feasible, areas throughout the state suitable for higher density
21	residential development consistent with the guidelines adopted pursuant to subsection (e)
22	immediately above.
23	42-128.3-11. Open meetings law.
24	DHCD, the coordinating council, steering committee, and any other committee, council,
25	or advisory body created by the coordinating council shall conform to the provisions of chapter
26	46 of this title.
27	42-128.3-12. State purchasing laws.
28	DHCD, the coordinating council, the steering committee, and any other committee,
29	council, or advisory body created by the coordinating council shall conform to the provisions of
30	chapter 2 of title 37 as applicable.
31	42-128.3-13. Public records law.
32	DHCD, the coordinating council, the steering committee, and any other committee,
33	council, or advisory body created by the coordinating council shall conform to the provisions of
34	chapter 2 of title 38.
	LC003746 - Page 292 of 621
1	42-128.3-14. Administrative procedures act.
2	(a) DHCD may adopt any rules and regulations, including measurable standards, in
3	accordance with the provisions of chapter 35 of this title that may be necessary to carry out the
4	purposes of this chapter.
5	(b) The coordinating council may adopt any rules and regulations, including measurable
6	standards, in accordance with the provisions of chapter 35 of this title that may be necessary to
7	carry out the purposes of this chapter.
8	42-128.3-15. Annual reports.
9	(a) The coordinating council shall submit for each calendar year by March 1 of the next
10	year a report to the governor and the general assembly on its activities, findings, and
11	recommendations regarding housing issues, including the number and dollar amount of its
12	programs.
13	(b) DHCD shall submit for each calendar year by March 1 of the next year a report to the
14	governor and the general assembly on its activities, findings, and recommendations regarding
15	housing issues, including the number and dollar amount of its programs.
16	42-128.3-16. Severability and liberal construction.
17	If any provision of this chapter or the application of any provision to any person or
18	circumstance is held invalid, the invalidity shall not affect other provisions or applications of the
19	chapter, which can be given effect without the invalid provision or application, and to this end the
20	provisions of this chapter are declared to be severable. The provisions of this chapter shall be
21	construed liberally in order to accomplish the purposes of the chapter, and any specific power
22	given to DHCD, the coordinating council, or the steering committee shall not be deemed to
23	exclude or impair any power otherwise in this chapter conferred upon DHCD, the coordinating
24	council, or the steering committee.
25	SECTION 4. Title 42 of the General Laws entitled "STATE AFFAIRS AND
26	GOVERNMENT" is hereby amended by adding thereto the following chapter:
27	CHAPTER 42-128.4
28	HOUSING INCENTIVES FOR MUNICIPALITIES
29	42-128.4. Short title.
30	This chapter shall be known as "Housing Incentives for Municipalities."
31	42-128.4-2. Establishment of program.
32	There is hereby established a housing incentive for municipalities program to be
33	administered as set forth in this chapter by the housing resources coordinating council
	LC003746 - Page 293 of 621
1	(“coordinating council”), in consultation with the division of statewide planning and the Rhode
2	Island housing and mortgage finance corporation.
3	42-128.4-4. Purposes.
4	The coordinating council is authorized and empowered to carry out the program for the
5	following purposes:
6	(a) To foster and maintain strong collaborations with municipalities in the state.
7	(b) To support and assist municipalities in promoting housing production that adequately
8	meets the needs of Rhode Island’s current and future residents.
9	(c) To make diverse, high-quality, and accessible housing options readily available to
10	residents within their local communities.
11	(d) To enable residents to live near convenient public transit and other commercial and
12	cultural resources.
13	(e) To make development decisions fair, predictable, and cost effective.
14	(f) To foster distinctive, attractive, and resilient communities, while preserving the state’s
15	open space, farmland, and natural beauty.
16	42-128.4-4. Definitions.
17	As used in this chapter:
18	(1) “The coordinating council” means the Rhode Island housing resources coordinating
19	council established pursuant to § 42-128.3-5.
20	(2) "Eligible locations'' means an area designated by the coordinating council as a
21	suitable site for a housing incentive district by virtue of its infrastructure, existing underutilized
22	facilities, or other advantageous qualities, including (i) proximity to public transit centers,
23	including commuter rail, bus, and ferry terminals; or (ii) proximity to areas of concentrated
24	development, including town and city centers or other existing commercial districts.
25	(3) “Eligible student” means a child that (i) lives in a newly constructed dwelling unit
26	within a housing incentive district, to the extent that the unit could not have been realized under
27	the underlying zoning, and (ii) attends a school in the city or town.
28	(4) “School impact offset payments” means a payment to a city or town to help offset
29	increased municipal costs of educating eligible students.
30	(5) "Housing incentive district” means an overlay district adopted by a city or town
31	pursuant to this chapter. A housing incentive district is intended to encourage residential
32	development and must permit minimum residential uses. A housing incentive district may
33	accommodate uses complimentary to the primary residential uses, as deemed appropriate by the
34	adopting city or town; however, the majority of development on lots within a housing incentive
	LC003746 - Page 294 of 621
1	district must be residential. Land development plans within a housing incentive district shall be
2	treated as minor land development plans, as defined by § 45-23-32, unless otherwise specified by
3	ordinance.
4	42-128.4-5. Adoption of housing incentive districts.
5	(a) In its zoning ordinance, a city or town may adopt a housing incentive district in any
6	eligible location.
7	(b) The adoption, amendment, or repeal of such ordinance shall be in accordance with the
8	provisions of chapter 45-24.
9	(c) A housing incentive district shall comply with this chapter and any minimum
10	requirements established by the coordinating council.
11	(d) The zoning ordinance for each housing incentive district shall specify the procedure for
12	land development and subdivision review within the district in accordance with this chapter and
13	the regulations of the coordinating council.
14	(e) Nothing in this chapter shall affect a city or town's authority to amend its zoning
15	ordinances under chapter 45-24.
16	42-128.4-6. Assistance to municipalities.
17	(a) The coordinating council is authorized and empowered, at its discretion, to provide all
18	manner of support and assistance to municipalities in connection with fostering local housing
19	production, including, but not limited to:
20	(1) Providing technical assistance for the preparation, adoption, or implementation of
21	laws, regulations, or processes related to residential development.
22	(2) Authorizing the Rhode Island housing and mortgage finance corporation to issue
23	school impact offset payments to participating municipalities.
24	42-128.4-7. Rules and regulations - Reports.
25	(a) The coordinating council is hereby authorized to promulgate such rules and
26	regulations as are necessary to fulfill the purposes of this chapter, including, but not limited to,
27	provisions relating to: application criteria; eligible locations for housing incentive districts;
28	minimum requirements for housing incentive districts; eligible students for the calculation of
29	school impact offset payments; and the amount and method of payment to cities and towns for
30	school impact offset payments.
31	(b) The coordinating council shall include in its annual report information on the
32	commitment and disbursement of funds allocated under the program. The report shall be provided
33	to the governor, the secretary of commerce, speaker of the house of representatives and the
34	president of the senate.
	LC003746 - Page 295 of 621
1	42-128.4-8. Program integrity.
2	Program integrity being of paramount importance, the coordinating council shall
3	establish procedures to ensure ongoing compliance with the terms and conditions of the program
4	established herein, including procedures to safeguard the expenditure of public funds and to
5	ensure that the funds further the purposes of the program.
6	42-128.4-9. Cooperation.
7	Any department, agency, council, board, or other public instrumentality of the state shall
8	cooperate with the coordinating council in relation to the implementation, execution and
9	administration of the program created under this chapter.
10	SECTION 5. Sections 44-25-1 and 44-25-2 of the General Laws in Chapter 44-25 entitled
11	“Real Estate Conveyance Tax” are hereby amended to read as follows:
12	44-25-1. Tax imposed – Payment – Burden.
13	(a) There is imposed, on each deed, instrument, or writing by which any lands,
14	tenements, or other realty sold is granted, assigned, transferred, or conveyed to, or vested in, the
15	purchaser or purchasers, or any other person or persons, by his or her or their direction, or on any
16	grant, assignment, transfer, or conveyance or such vesting, by such persons which has the effect
17	of making any real estate company an acquired real estate company, when the consideration paid
18	exceeds one hundred dollars ($100), a tax at the rate of (1) two dollars and thirty cents ($2.30) for
19	each five hundred dollars ($500), or fractional part of it, of the first five hundred thousand dollars
20	($500,000) of the consideration paid, and (2) at the rate of four dollars and sixty cents ($4.60) for
21	each five hundred dollars ($500), or fractional part of it, of the consideration paid in excess of
22	five hundred thousand dollars ($500,000) which that is paid for the purchase of property or the
23	interest in an acquired real estate company (inclusive of the value of any lien or encumbrance
24	remaining at the time of the sale, grant, assignment, transfer or conveyance or vesting occurs, or
25	in the case of an interest in an acquired real estate company, a percentage of the value of such lien
26	or encumbrance equivalent to the percentage interest in the acquired real estate company being
27	granted, assigned, transferred, conveyed or vested), which. The tax is payable at the time of
28	making, the execution, delivery, acceptance or presentation for recording of any instrument
29	affecting such transfer grant, assignment, transfer, conveyance or vesting. In the absence of an
30	agreement to the contrary, the tax shall be paid by the grantor, assignor, transferor or person
31	making the conveyance or vesting.
32	(b) In the event no consideration is actually paid for the lands, tenements, or realty, the
33	instrument or interest in an acquired real estate company of conveyance shall contain a statement
34	to the effect that the consideration is such that no documentary stamps are required.
	LC003746 - Page 296 of 621
1	(c) The tax administrator shall contribute
2	(c) The tax shall be distributed as follows:
3	(i) With respect to the portion of the tax assessed against the first five hundred thousand
4	dollars ($500,000) of the consideration paid: the tax administrator shall contribute to the
5	distressed community relief program the sum of thirty cents ($.30) per two dollars and thirty cents
6	($2.30) of the face value of the stamps to be distributed pursuant to § 45-13-12, and to the
7	housing resources commission restricted receipts account established pursuant to § 42-128.3-6(2)
8	the sum of thirty cents ($.30) per two dollars and thirty cents ($2.30) of the face value of the
9	stamps. Funds will be administered by the office of housing and community development,
10	through the housing resources commission. The state shall retain sixty cents ($.60) for state use.
11	The balance of the tax shall be retained by the municipality collecting the tax.
12	(ii) With respect to the portion of the tax assessed against the consideration paid in excess
13	of five hundred thousand dollars ($500,000): the tax administrator shall contribute to the
14	distressed community relief program the sum of thirty cents ($.30) per four dollars and sixty cents
15	($4.60) of the face value of the stamps to be distributed pursuant to § 45-13-12, to the restricted
16	receipt account established pursuant to § 42-128.3-6(2) the sum of thirty cents ($.30) per four
17	dollars and sixty cents ($4.60) of the face value of the stamps, and to the housing production fund
18	established pursuant to § 42-128.3-6(3) the sum of two dollars and thirty cents ($2.30) per four
19	dollars and sixty cents ($4.60) of the face value of the stamps. The state shall retain sixty cents
20	($.60) for state use. The balance of the tax shall be retained by the municipality collecting the tax.
21	(iii) Notwithstanding the above, in the case of the tax on the grant, transfer, assignment or
22	conveyance or vesting with respect to an acquired real estate company, the tax shall be collected
23	by the tax administrator and shall be distributed to the municipality where the real estate owned
24	by the acquired real estate company is located provided, however, in the case of any such tax
25	collected by the tax administrator, if the acquired real estate company owns property located in
26	more than one municipality, the proceeds of the tax shall be allocated amongst said municipalities
27	in the proportion the assessed value of said real estate in each such municipality bears to the total
28	of the assessed values of all of the real estate owned by the acquired real estate company in
29	Rhode Island. Provided, however, in fiscal years 2004 and 2005, from the proceeds of this tax,
30	the tax administrator shall deposit as general revenues the sum of ninety cents ($.90) per two
31	dollars and thirty cents ($2.30) of the face value of the stamps. The balance of the tax on the
32	purchase of property shall be retained by the municipality collecting the tax. The balance of the
33	tax on the transfer with respect to an acquired real estate company, shall be collected by the tax
34	administrator and shall be distributed to the municipality where the property for which interest is
	LC003746 - Page 297 of 621
1	sold is physically located. Provided, however, that in the case of any tax collected by the tax
2	administrator with respect to an acquired real estate company where the acquired real estate
3	company owns property located in more than one municipality, the proceeds of the tax shall be
4	allocated amongst the municipalities in proportion that the assessed value in any such
5	municipality bears to the assessed values of all of the real estate owned by the acquired real estate
6	company in Rhode Island. With respect to the revenue collected by the division of taxation on
7	behalf of each municipality in this section, before distributing said revenue to the municipalities,
8	a two percent (2%) administrative fee shall be deducted therefrom and transferred to the general
9	fund.
10	(d) For purposes of this section, the term "acquired real estate company" means a real
11	estate company that has undergone a change in ownership interest if (i) such change does not
12	affect the continuity of the operations of the company; and (ii) the change, whether alone or
13	together with prior changes has the effect of granting, transferring, assigning or conveying or
14	vesting, transferring directly or indirectly, 50% or more of the total ownership in the company
15	within a period of three (3) years. For purposes of the foregoing subsection (ii) hereof, a grant,
16	transfer, assignment or conveyance or vesting, shall be deemed to have occurred within a period
17	of three (3) years of another grant(s), transfer(s), assignment(s) or conveyance(s) or vesting(s) if
18	during the period the granting, transferring, assigning or conveying or party provides the
19	receiving party a legally binding document granting, transferring, assigning or conveying or
20	vesting said realty or a commitment or option enforceable at a future date to execute the grant,
21	transfer, assignment or conveyance or vesting.
22	(e) A real estate company is a corporation, limited liability company, partnership or other
23	legal entity which meets any of the following:
24	(i) Is primarily engaged in the business of holding, selling or leasing real estate, where
25	90% or more of the ownership of said real estate is held by 35 or fewer persons and which
26	company either (a) derives 60% or more of its annual gross receipts from the ownership or
27	disposition of real estate; or (b) owns real estate the value of which comprises 90% or more of the
28	value of the entity's entire tangible asset holdings exclusive of tangible assets which are fairly
29	transferrable and actively traded on an established market; or
30	(ii) 90% or more of the ownership interest in such entity is held by 35 or fewer persons
31	and the entity owns as 90% or more of the fair market value of its assets a direct or indirect
32	interest in a real estate company. An indirect ownership interest is an interest in an entity 90% or
33	more of which is held by 35 or fewer persons and the purpose of the entity is the ownership of a
34	real estate company.
	LC003746 - Page 298 of 621
1	(f) In the case of a grant, assignment, transfer or conveyance or vesting which results in a
2	real estate company becoming an acquired real estate company, the grantor, assignor, transferor,
3	or person making the conveyance or causing the vesting, shall file or cause to be filed with the
4	division of taxation, at least five (5) days prior to the grant, transfer, assignment or conveyance or
5	vesting, notification of the proposed grant, transfer, assignment, or conveyance or vesting, the
6	price, terms and conditions of thereof, and the character and location of all of the real estate assets
7	held by real estate company and shall remit the tax imposed and owed pursuant to subsection (a)
8	hereof. Any such grant, transfer, assignment or conveyance or vesting which results in a real
9	estate company becoming an acquired real estate company shall be fraudulent and void as against
10	the state unless the entity notifies the tax administrator in writing of the grant, transfer,
11	assignment or conveyance or vesting as herein required in subsection (f) hereof and has paid the
12	tax as required in subsection (a) hereof. Upon the payment of the tax by the transferor, the tax
13	administrator shall issue a certificate of the payment of the tax which certificate shall be
14	recordable in the land evidence records in each municipality in which such real estate company
15	owns real estate. Where the real estate company has assets other than interests in real estate
16	located in Rhode Island, the tax shall be based upon the assessed value of each parcel of property
17	located in each municipality in the state of Rhode Island.
18	44-25-2. Exemptions.
19	(a) The tax imposed by this chapter does not apply to any instrument or writing given to
20	secure a debt.
21	(b) The tax imposed by this chapter does not apply to any deed, instrument, or writing
22	wherein the United States, the state of Rhode Island, or its political subdivisions are designated
23	the grantor.
24	(c) The tax imposed by this chapter does not apply to any deed, instrument, or writing
25	that has or shall be executed, delivered, accepted, or presented for recording in furtherance of, or
26	pursuant to, that certain master property conveyance contract dated December 29, 1982, and
27	recorded in the land evidence records of the city of Providence on January 27, 1983, at 1:30 p.m.
28	in book 1241 at page 849, and relating to the capital center project in the city of Providence.
29	(d) The qualified sale of a mobile or manufactured home community to a resident-owned
30	organization as defined in § 31-44-1 is exempt from the real estate conveyance tax imposed under
31	this chapter.
32	(e) No transfer tax or fee shall be imposed by a land trust or municipality upon the
33	acquisition of real estate by the state of Rhode Island or any of its political subdivisions.
	LC003746 - Page 299 of 621
1	(f) Nothing in § 44-25-1(a) shall be construed to impose a tax upon any grant,
2	assignment, transfer, conveyance or vesting of any interest, direct or indirect, among owners,
3	members or partners in any real estate company with respect to an affordable housing
4	development where:
5	(i) The housing development has been financed in whole or in part with federal low-
6	income tax credits pursuant to §42 of the Internal Revenue Code; or
7	(ii) At least one of the owners, members or partners of the company is a Rhode Island
8	nonprofit corporation or an entity exempt from tax under § 501(c)(3) of the Internal Revenue
9	Code, or is owned by a Rhode Island nonprofit corporation or an entity that is exempt from tax
10	under § 501(c)(3) of the Internal Revenue Code, and the housing development is subject to a
11	recorded deed restriction or declaration of land use restrictive covenants in favor of the Rhode
12	Island housing and mortgage finance corporation, the state of Rhode Island housing resources
13	commission, the federal home loan bank or any of its members, or any other state or local
14	government instrumentality under an affordable housing program. No such real estate company
15	shall be an acquired real estate company under this section.
16	SECTION 6. This article shall take effect on July 1, 2020.
	LC003746 - Page 300 of 621
1	ARTICLE 13
2	RELATING TO STATE CONTROLLED ADULT USE MARIJUANA
3	SECTION 1. Section 21-28.5-2 of Chapter 21-28.5 of the General Laws entitled “Sale of
4	Drug Paraphernalia” is hereby amended as follows:
5	21-28.5-2. Manufacture or delivery of drug paraphernalia – Penalty.
6	It is unlawful for any person to deliver, sell, possess with intent to deliver, or sell, or
7	manufacture with intent to deliver, or sell drug paraphernalia, knowing that it will be used to
8	plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process,
9	prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or introduce into
10	the human body a controlled substance in violation of chapter 28 of this title. A violation of this
11	section shall be punishable by a fine not exceeding five thousand dollars ($5,000) or
12	imprisonment not exceeding two (2) years, or both.
13	Notwithstanding any other provision of the general laws, the sale, manufacture, or
14	delivery of drug paraphernalia to a person acting in accordance with chapters 28.6, 28.11 and
15	28.12 of this title shall not be considered a violation of this chapter.
16	SECTION 2. Section 21-28.6-6 of the General Laws in Chapter 21-28.6 entitled “The
17	Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act” is hereby amended as
18	follows:
19	21-28.6-6. Administration of departments of health and business regulation
20	regulations.
21	(a) The department of health shall issue registry identification cards to qualifying patients
22	who submit the following, in accordance with the department's regulations. Applications shall
23	include but not be limited to:
24	(1) Written certification as defined in § 21-28.6-3;
25	(2) Application fee, as applicable;
26	(3) Name, address, and date of birth of the qualifying patient; provided, however, that if
27	the patient is homeless, no address is required;
28	(4) Name, address, and telephone number of the qualifying patient's practitioner;
29	(5) Whether the patient elects to grow medical marijuana plants for himself or herself;
30	and
31	(6) Name, address, and date of birth of one primary caregiver of the qualifying patient
32	and any authorized purchasers for the qualifying patient, if any primary caregiver or authorized
33	purchaser is chosen by the patient or allowed in accordance with regulations promulgated by the
34	departments of health or business regulation.
	LC003746 - Page 301 of 621
1	(b) The department of health shall not issue a registry identification card to a qualifying
2	patient under the age of eighteen (18) unless:
3	(1) The qualifying patient's practitioner has explained the potential risks and benefits of
4	the medical use of marijuana to the qualifying patient and to a parent, guardian, or person having
5	legal custody of the qualifying patient; and
6	(2) A parent, guardian, or person having legal custody consents in writing to:
7	(i) Allow the qualifying patient's medical use of marijuana;
8	(ii) Serve as the qualifying patient's primary caregiver or authorized purchaser; and
9	(iii) Control the acquisition of the marijuana, the dosage, and the frequency of the
10	medical use of marijuana by the qualifying patient.
11	(c) The department of health shall renew registry identification cards to qualifying
12	patients in accordance with regulations promulgated by the department of health and subject to
13	payment of any applicable renewal fee.
14	(d) The department of health shall not issue a registry identification card to a qualifying
15	patient seeking treatment for post-traumatic stress disorder (PTSD) under the age of eighteen
16	(18).
17	(e) The department of health shall verify the information contained in an application or
18	renewal submitted pursuant to this section, and shall approve or deny an application or renewal
19	within thirty-five (35) days of receiving it. The department may deny an application or renewal
20	only if the applicant did not provide the information required pursuant to this section, or if the
21	department determines that the information provided was falsified, or that the renewing applicant
22	has violated this chapter under their previous registration. Rejection of an application or renewal
23	is considered a final department action, subject to judicial review. Jurisdiction and venue for
24	judicial review are vested in the superior court.
25	(f) If the qualifying patient's practitioner notifies the department of health in a written
26	statement that the qualifying patient is eligible for hospice care or chemotherapy, the department
27	of health and department of business regulation, as applicable, shall give priority to these
28	applications when verifying the information in accordance with subsection (e) and issue a registry
29	identification card to these qualifying patients, primary caregivers and authorized purchasers
30	within seventy-two (72) hours of receipt of the completed application. The departments shall not
31	charge a registration fee to the patient, caregivers or authorized purchasers named in the
32	application. The department of health may identify through regulation a list of other conditions
33	qualifying a patient for expedited application processing.
	LC003746 - Page 302 of 621
1	(g) Following the promulgation of regulations pursuant to § 21-28.6-5(c), the department
2	of business regulation may issue or renew a registry identification card to the qualifying patient
3	cardholder's primary caregiver, if any, who is named in the qualifying patient's approved
4	application The department of business regulation shall verify the information contained in
5	applications and renewal forms submitted pursuant to this chapter prior to issuing any registry
6	identification card. The department of business regulation may deny an application or renewal if
7	the applicant or appointing patient did not provide the information required pursuant to this
8	section, or if the department determines that the information provided was falsified, or if the
9	applicant or appointing patient has violated this chapter under his or her previous registration or
10	has otherwise failed to satisfy the application or renewal requirements.
11	(1) A primary caregiver applicant or an authorized purchaser applicant shall apply to the
12	bureau of criminal identification of the department of attorney general, department of public
13	safety division of state police, or local police department for a national criminal records check
14	that shall include fingerprints submitted to the Federal Bureau of Investigation. Upon the
15	discovery of any disqualifying information as defined in subsection (g)(5) of this section, and in
16	accordance with the rules promulgated by the director, the bureau of criminal identification of the
17	department of attorney general, department of public safety division of state police, or the local
18	police department shall inform the applicant, in writing, of the nature of the disqualifying
19	information; and, without disclosing the nature of the disqualifying information, shall notify the
20	department of business regulation or department of health, as applicable, in writing, that
21	disqualifying information has been discovered.
22	(2) In those situations in which no disqualifying information has been found, the bureau
23	of criminal identification of the department of attorney general, department of public safety
24	division of state police, or the local police shall inform the applicant and the department of
25	business regulation or department of health, as applicable, in writing, of this fact.
26	(3) The department of health or department of business regulation, as applicable, shall
27	maintain on file evidence that a criminal records check has been initiated on all applicants
28	seeking a primary caregiver registry identification card or an authorized purchaser registry
29	identification card and the results of the checks. The primary caregiver cardholder shall not be
30	required to apply for a national criminal records check for each patient he or she is connected to
31	through the department's registration process, provided that he or she has applied for a national
32	criminal records check within the previous two (2) years in accordance with this chapter. The
33	department of health and department of business regulation, as applicable, shall not require a
	LC003746 - Page 303 of 621
1	primary caregiver cardholder or an authorized purchaser cardholder to apply for a national
2	criminal records check more than once every two (2) years.
3	(4) Notwithstanding any other provision of this chapter, the department of business
4	regulation or department of health may revoke or refuse to issue any class or type of registry
5	identification card or license if it determines that failing to do so would conflict with any federal
6	law or guidance pertaining to regulatory, enforcement, and other systems that states, businesses,
7	or other institutions may implement to mitigate the potential for federal intervention or
8	enforcement. This provision shall not be construed to prohibit the overall implementation and
9	administration of this chapter on account of the federal classification of marijuana as a schedule I
10	substance or any other federal prohibitions or restrictions.
11	(5) Information produced by a national criminal records check pertaining to a conviction
12	for any felony offense under chapter 28 of this title ("Rhode Island controlled substances act")
13	murder; manslaughter; rape; first-degree sexual assault; second-degree sexual assault; first-degree
14	child molestation; second-degree child molestation; kidnapping; first-degree arson; second-degree
15	arson; mayhem; robbery; burglary; breaking and entering; assault with a dangerous weapon;
16	assault or battery involving grave bodily injury; and/or assault with intent to commit any offense
17	punishable as a felony or a similar offense from any other jurisdiction shall result in a letter to the
18	applicant and the department of health or department of business regulation, as applicable,
19	disqualifying the applicant. If disqualifying information has been found, the department of health
20	or department of business regulation, as applicable may use its discretion to issue a primary
21	caregiver registry identification card or an authorized purchaser registry identification card if the
22	applicant's connected patient is an immediate family member and the card is restricted to that
23	patient only.
24	(6) The primary caregiver or authorized purchaser applicant shall be responsible for any
25	expense associated with the national criminal records check.
26	(7) For purposes of this section, "conviction" means, in addition to judgments of
27	conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances
28	where the defendant has entered a plea of nolo contendere and has received a sentence of
29	probation and those instances where a defendant has entered into a deferred sentence agreement
30	with the attorney general.
31	(8)(i) The office of cannabis regulation may adopt rules and regulations based on federal
32	guidance provided those rules and regulations are designed to comply with federal guidance and
33	mitigate federal enforcement against the registrations and licenses issued under this chapter.
	LC003746 - Page 304 of 621
1	(ii) All new and revised rules and regulations promulgated by the department of business
2	regulation and/or the department of health pursuant to this chapter shall be subject to approval by
3	the general assembly prior to enactment.
4	(h)(1) On or before December 31, 2016, the department of health shall issue registry
5	identification cards within five (5) business days of approving an application or renewal that shall
6	expire two (2) years after the date of issuance.
7	(2) Effective January 1, 2017, and thereafter, the department of health or the department
8	of business regulation, as applicable, shall issue registry identification cards within five (5)
9	business days of approving an application or renewal that shall expire one year after the date of
10	issuance.
11	(3) Registry identification cards shall contain:
12	(i) The date of issuance and expiration date of the registry identification card;
13	(ii) A random registry identification number;
14	(iii) A photograph; and
15	(iv) Any additional information as required by regulation of the department of health or
16	business regulation as applicable.
17	(i) Persons issued registry identification cards by the department of health or department
18	of business regulation shall be subject to the following:
19	(1) A qualifying patient cardholder shall notify the department of health of any change in
20	his or her name, address, primary caregiver, or authorized purchaser; or if he or she ceases to
21	have his or her debilitating medical condition, within ten (10) days of the change.
22	(2) A qualifying patient cardholder who fails to notify the department of health of any of
23	these changes is responsible for a civil infraction, punishable by a fine of no more than one
24	hundred fifty dollars ($150). If the patient cardholder has ceased to suffer from a debilitating
25	medical condition, the card shall be deemed null and void and the person shall be liable for any
26	other penalties that may apply to the person's nonmedical use of marijuana.
27	(3) A primary caregiver cardholder or authorized purchaser shall notify the issuing
28	department of any change in his or her name or address within ten (10) days of the change. A
29	primary caregiver cardholder or authorized purchaser who fails to notify the department of any of
30	these changes is responsible for a civil infraction, punishable by a fine of no more than one
31	hundred fifty dollars ($150).
32	(4) When a qualifying patient cardholder or primary caregiver cardholder notifies the
33	department of health or department of business regulation, as applicable, of any changes listed in
34	this subsection, the department of health or department of business regulation, as applicable, shall
	LC003746 - Page 305 of 621
1	issue the qualifying patient cardholder and each primary caregiver cardholder a new registry
2	identification card within ten (10) days of receiving the updated information and a ten-dollar
3	($10.00) fee.
4	(5) When a qualifying patient cardholder changes his or her primary caregiver or
5	authorized purchaser, the department of health or department of business regulation, as
6	applicable, shall notify the primary caregiver cardholder or authorized purchaser within ten (10)
7	days. The primary caregiver cardholder's protections as provided in this chapter as to that patient
8	shall expire ten (10) days after notification by the issuing department. If the primary caregiver
9	cardholder or authorized purchaser is connected to no other qualifying patient cardholders in the
10	program, he or she must return his or her registry identification card to the issuing department.
11	(6) If a cardholder or authorized purchaser loses his or her registry identification card, he
12	or she shall notify the department that issued the card and submit a ten-dollar ($10.00) fee within
13	ten (10) days of losing the card. Within five (5) days, the department of health or department of
14	business regulation shall issue a new registry identification card with new random identification
15	number.
16	(7) Effective January 1, 2019, if a patient cardholder chooses to alter his or her
17	registration with regard to the growing of medical marijuana for himself or herself, he or she shall
18	notify the department prior to the purchase of medical marijuana tags or the growing of medical
19	marijuana plants.
20	(8) If a cardholder or authorized purchaser willfully violates any provision of this chapter as
21	determined by the department of health or the department of business regulation, his or her
22	registry identification card may be revoked.
23	(j) Possession of, or application for, a registry identification card shall not constitute
24	probable cause or reasonable suspicion, nor shall it be used to support the search of the person or
25	property of the person possessing or applying for the registry identification card, or otherwise
26	subject the person or property of the person to inspection by any governmental agency.
27	(k)(1) Applications and supporting information submitted by qualifying patients,
28	including information regarding their primary caregivers, authorized purchaser, and practitioners,
29	are confidential and protected in accordance with the federal Health Insurance Portability and
30	Accountability Act of 1996, as amended, and shall be exempt from the provisions of chapter 2 of
31	title 38 et seq. (Rhode Island access to public records act) and not subject to disclosure, except to
32	authorized employees of the department of health and business regulation as necessary to perform
33	official duties of the departments, and pursuant to subsections (l) and (m).
	LC003746 - Page 306 of 621
1	(2) The application for qualifying patient's registry identification card shall include a
2	question asking whether the patient would like the department of health to notify him or her of
3	any clinical studies about marijuana's risk or efficacy. The department of health shall inform
4	those patients who answer in the affirmative of any such studies it is notified of, that will be
5	conducted in Rhode Island. The department of health may also notify those patients of medical
6	studies conducted outside of Rhode Island.
7	(3) The department of health and the department of business regulation, as applicable,
8	shall maintain a confidential list of the persons to whom the department of health or department
9	of business regulation has issued authorized patient, primary caregiver, and authorized purchaser
10	registry identification cards. Individual names and other identifying information on the list shall
11	be confidential, exempt from the provisions of Rhode Island access to public information, chapter
12	2 of title 38, and not subject to disclosure, except to authorized employees of the departments of
13	health and business regulation as necessary to perform official duties of the departments and
14	pursuant to subsections (l) and (m) of this section.
15	(l) Notwithstanding subsections (k) and (m) of this section, the departments of health and
16	business regulation, as applicable, shall verify to law enforcement personnel whether a registry
17	identification card is valid and may provide additional information to confirm whether a
18	cardholder is compliant with the provisions of this chapter and the regulations promulgated
19	hereunder. The department of business regulation shall verify to law enforcement personnel
20	whether a registry identification card is valid and may confirm whether the cardholder is
21	compliant with the provisions of this chapter and the regulations promulgated hereunder. Where
22	the department of business regulation has reasonable cause to believe that a primary caregiver is
23	not in compliance with the marijuana plant tagging requirements, possession and plant limits,
24	and/or manufacturing prohibitions under the Act or regulations promulgated thereunder, the
25	department may notify law enforcement officers who have been assigned by his/her respective
26	law enforcement agency to investigate criminal violations associated with such noncompliance.
27	Thisese verifications and notifications may occur through the use of a shared database, provided
28	that any medical records or confidential information in this database related to a cardholder's
29	specific medical condition is protected in accordance with subdivision (k)(1).
30	(m) It shall be a crime, punishable by up to one hundred eighty (180) days in jail and a
31	one thousand dollar ($1,000) fine, for any person, including an employee or official of the
32	departments of health, business regulation, public safety, or another state agency or local
33	government, to breach the confidentiality of information obtained pursuant to this chapter.
34	Notwithstanding this provision, the department of health and department of business regulation
	LC003746 - Page 307 of 621
1	employees may notify law enforcement about falsified or fraudulent information submitted to the
2	department or violations of this chapter. Nothing in this act shall be construed as to prohibit law
3	enforcement, public safety, fire, or building officials from investigating violations of, or enforcing
4	state law.
5	(n) On or before the fifteenth day of the month following the end of each quarter of the
6	fiscal year, the department of health and the department of business regulation shall report to the
7	governor, the speaker of the house of representatives, and the president of the senate on
8	applications for the use of marijuana for symptom relief. The report shall provide:
9	(1) The number of applications for registration as a qualifying patient, primary caregiver,
10	or authorized purchaser that have been made to the department of health and the department of
11	business regulation during the preceding quarter, the number of qualifying patients, primary
12	caregivers, and authorized purchasers approved, the nature of the debilitating medical conditions
13	of the qualifying patients, the number of registrations revoked, and the number and
14	specializations, if any, of practitioners providing written certification for qualifying patients.
15	(o) On or before September 30 of each year, the department of health and the department
16	of business regulation, as applicable, shall report to the governor, the speaker of the house of
17	representatives, and the president of the senate on the use of marijuana for symptom relief. The
18	report shall provide:
19	(1) The total number of applications for registration as a qualifying patient, primary
20	caregiver, or authorized purchaser that have been made to the department of health and the
21	department of business regulation, the number of qualifying patients, primary caregivers, and
22	authorized purchasers approved, the nature of the debilitating medical conditions of the
23	qualifying patients, the number of registrations revoked, and the number and specializations, if
24	any, of practitioners providing written certification for qualifying patients;
25	(2) The number of active qualifying patient, primary caregiver, and authorized purchaser
26	registrations as of June 30 of the preceding fiscal year;
27	(3) An evaluation of the costs permitting the use of marijuana for symptom relief,
28	including any costs to law enforcement agencies and costs of any litigation;
29	(4) Statistics regarding the number of marijuana-related prosecutions against registered
30	patients and caregivers, and an analysis of the facts underlying those prosecutions;
31	(5) Statistics regarding the number of prosecutions against physicians for violations of
32	this chapter; and
	LC003746 - Page 308 of 621
1	(6) Whether the United States Food and Drug Administration has altered its position
2	regarding the use of marijuana for medical purposes or has approved alternative delivery systems
3	for marijuana.
4	(p) After June 30, 2018, the department of business regulation shall report to the speaker
5	of the house, senate president, the respective fiscal committee chairpersons, and fiscal advisors
6	within 60 days of the close of the prior fiscal year. The report shall provide:
7	(1) The number of applications for registry identification cards to compassion center
8	staff, the number approved, denied and the number of registry identification cards revoked, and
9	the number of replacement cards issued;
10	(2) The number of applications for compassion centers and licensed cultivators;
11	(3) The number of marijuana plant tag sets ordered, delivered, and currently held within
12	the state;
13	(4) The total revenue collections of any monies related to its regulator activities for the
14	prior fiscal year, by the relevant category of collection, including enumerating specifically the
15	total amount of revenues foregone or fees paid at reduced rates pursuant to this chapter.
16	SECTION 3. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby
17	amended by adding thereto the following chapters 28.11 and 28.12:
18	CHAPTER 28.11
19	ADULT USE OF MARIJUANA ACT
20	21-28.11-1. Short title.
21	This chapter shall be known and may be cited as the “Adult Use of Marijuana Act."
22	21-28.11-2. Legislative Findings.
23	The general assembly finds and declares that:
24	(1) Regional and national shifts in cannabis policy are providing Rhode Island adults with
25	easy access to cannabis and marijuana products manufactured and sold from other states,
26	contributing to the funds these states use to safeguard public health, safety and welfare within
27	their borders, while providing no funds to the State of Rhode Island to address the public health,
28	safety and welfare externalities that come with increased access to cannabis, including marijuana.
29	(2) In the absence of a legal, tightly regulated and controlled market, an illicit industry
30	has developed undermining the public health, safety and welfare of Rhode Islanders.
31	(3) It is in the best interests of the State of Rhode Island to implement a new regulatory
32	and control framework and structure for the commercial production and sale of cannabis and
33	cannabis products, all aspects of which shall be tightly regulated and controlled by the provisions
34	of this act, chapter 28.12 of title 21, and the regulations promulgated thereunder by the office of
	LC003746 - Page 309 of 621
1	cannabis regulation, the revenue which may be used to regulate and control cannabis and
2	cannabis products and to study and mitigate the risks and deleterious impacts that cannabis and
3	marijuana use may have on the citizens and State of Rhode Island.
4	21-28.11-3. Definitions.
5	For purposes of this chapter:
6	(1) "Adult use" means the use, consumption, acquisition, purchase, possession, transfer,
7	or transportation of marijuana, marijuana products or marijuana paraphernalia by a person who
8	is twenty-one (21) years of age or older within the possession limitations and subject to and in
9	accordance with all other limitations, restrictions, and requirements of chapters 28.11 and 28.12
10	of title 21 and all regulations promulgated thereunder.
11	(2) “Adult use marijuana contract” means a contract entered into by and between the state
12	and an adult use marijuana contractor pursuant to the procurement procedures and requirements set
13	forth in chapter 2 of title 37 with respect to the provision of supplies and performance of services to,
14	for, and on behalf of, the state with respect to the state’s operation and control of adult use state
15	stores.
16	(3) “Adult use marijuana contractor” means a contractor that is party to an adult use
17	marijuana contract with the state to provide supplies and perform services to, for, and on behalf of,
18	the state with respect to the state’s operation and control of adult use state stores and who shall be
19	exempt from state penalties for the provision of supplies and performance of services in compliance
20	with the adult use marijuana contract, chapters 28.11 and 28.12 of title 21, and regulations
21	promulgated by the office of cannabis regulation.
22	(4) "Adult use marijuana cultivator licensee" means any person or entity that is licensed
23	under chapter 28.12 of title 21 to be exempt from state penalties for cultivating, preparing,
24	packaging, and selling or transferring marijuana (but not marijuana products) in accordance with
25	chapters 28.11 and 28.12 of title 21 and regulations promulgated thereunder to the state, an adult use
26	state store, an adult use marijuana contractor, a marijuana processor, another adult use marijuana
27	cultivator licensee, a cannabis testing laboratory, or another marijuana establishment licensee.
28	(5) “Adult use marijuana emporium” means any establishment, facility or club, whether
29	operated for-profit or nonprofit, or any commercial unit or other premises as further defined
30	through regulations promulgated by the department of business regulation, at which the sale,
31	distribution, transfer or use of marijuana or marijuana products is proposed and/or occurs to, by
32	or among members of the general public or other persons as further defined through regulations
33	promulgated by the department of business regulation. This shall not include a compassion center
34	regulated and licensed by the department of business regulation pursuant to chapter 28.6 of title
	LC003746 - Page 310 of 621
1	21 or an adult use state store operated and controlled by the state in accordance with the terms of
2	chapters 28.11 and 28.12 of title 21.
3	(6) "Adult use marijuana processor licensee" means an entity licensed under chapter 21-
4	28.12 of title 21 to be exempt from state penalties for purchasing marijuana from adult use marijuana
5	cultivator licensees, other adult use marijuana processors, or other marijuana establishments,
6	manufacturing and/or processing marijuana products, and selling, giving, or transferring marijuana
7	products to the state, an adult use state store, an adult use marijuana contractor, a cannabis testing
8	laboratory, or other marijuana establishment licensee in accordance with chapters 28.11 and 28.12 of title
9	21 and regulations promulgated thereunder.
10	(7) "Adult use state store" means a facility operated and controlled by the state which
11	shall be exempt from state penalties for such operation and control and the procurement of
12	supplies and services and the retail sale of marijuana, marijuana products, and marijuana
13	paraphernalia to persons who are twenty-one (21) years of age or older in accordance with the
14	provisions of chapters 28.11 and 28.12 of title 21 and regulations promulgated thereunder.
15	(8) “Cannabis” means all parts of the plant of the genus marijuana, also known as marijuana
16	sativa L, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and
17	every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin
18	regardless of cannabinoid content or cannabinoid potency including “marijuana”, and “industrial
19	hemp” or “industrial hemp products” which satisfy the requirements of chapter 26 of title 2.
20	(9) "Cannabis testing laboratory” means a third-party analytical testing laboratory licensed
21	by the departments of health, in coordination with the department of business regulation, to
22	collect and test samples of cannabis pursuant to regulations promulgated under chapters 28.11
23	and 28.12 of title 21.
24	(10) “Contract” has the meaning given that term in § 37-2-7.
25	(11) “Department” or “department of business regulation” means the office of cannabis
26	regulation within the department of business regulation or its successor agency.
27	(12) "Dwelling unit” means a room or group of rooms within a residential dwelling used or
28	intended for use by one family or household, or by no more than three (3) unrelated individuals, with
29	facilities for living, sleeping, sanitation, cooking, and eating.
30	(13) "Equivalent amount" means the portion of usable marijuana, be it in extracted,
31	edible, concentrated, or any other form, found to be equal to a portion of dried, marijuana, as
32	defined by regulations promulgated by the office of cannabis regulation.
33	(14) "Hemp” or “industrial hemp" has the meaning given that term in § 2-26-3.
	LC003746 - Page 311 of 621
1	(15) "Hemp products” or “industrial hemp products" has the meaning given that term in §
2	2-26-3.
3	(16) “Hemp-derived consumable CBD products” has the meaning given that term in § 2-
4	26-3.
5	(17) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not;
6	the seeds of the plant; the resin extracted from any part of the plant; and every compound,
7	manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not
8	include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the
9	seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of
10	mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the
11	plant which is incapable of germination. Marijuana shall not include “industrial hemp” or”
12	industrial hemp products” which satisfy the requirements of chapter 26 of title 2.
13	(18) "Marijuana establishment" and “marijuana establishment licensee” means any person,
14	entity or facility that is licensed under chapters 28.12 or 28.6 of title 21, to be exempt from state
15	penalties for engaging in or conducting the activities permitted under its respective license and
16	includes but is not limited to an adult use marijuana cultivator licensee, an adult use marijuana
17	processor licensee, an adult use marijuana contractor, a cannabis testing laboratory, a licensed
18	compassion center, a licensed medical marijuana cultivator, or any other entity licensed by the
19	office of cannabis regulation under chapter 28.12 or 28.6 or title 21.
20	(19) "Marijuana paraphernalia" means equipment, products, and materials which are used
21	or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing,
22	compounding, converting, producing, processing, preparing, testing, analyzing, packaging,
23	repackaging, storing, containing, concealing, ingesting, or inhaling marijuana, or otherwise
24	introducing marijuana into the human body.
25	(20) “Marijuana plant” means a marijuana plant, rooted or unrooted, mature, or
26	immature, with or without flowers or buds.
27	(21) "Marijuana products" means any form of marijuana, including concentrated marijuana
28	and products that are comprised of marijuana and other ingredients that are intended for use or
29	consumption, such as, but not limited to, extracts, infusions, edible products, ointments, and tinctures,
30	as further defined in regulations promulgated by the office of cannabis regulation.
31	(22) “Office of cannabis regulation” means the office of cannabis regulation within the
32	department of business regulation.
33	(23) “Procurement” has the meaning given that term in § 37-2-7.
34	(24) "Public place" means any street, alley, park, sidewalk, public building other than
	LC003746 - Page 312 of 621
1	individual dwellings, or any place of business or assembly open to or frequented by the public, and
2	any other place to which the public has access.
3	(25) "Registry identification card" means a document issued by the department of
4	business regulation or department of health that identifies a person as a registered officer,
5	director, manager, member, partner, employee, or agent of an adult use marijuana cultivator
6	licensee, an adult use marijuana processor licensee, an adult use marijuana contractor, an adult
7	use state store, a cannabis testing laboratory, or any other marijuana establishment licensee.
8	(26) “Services” has the meaning given in § 37-2-7.
9	(27) "Smoke" or "smoking" means heating to at least the point of combustion, causing plant
10	material to burn, inhaling, exhaling, burning, or carrying any lighted or heated cigarette, pipe, weed,
11	plant, other marijuana product in any manner or in any form intended for inhalation in any manner or
12	form and includes but is not limited to the use of electronic cigarettes, electronic pipes, electronic
13	marijuana delivery system products, or other similar products that rely on vaporization or aerosolization.
14	(28) “State” means the state of Rhode Island and, to the extent of any delegation of purchase
15	control pursuant to § 37-2-54, the department of business regulation through its office of cannabis
16	regulation which shall be exempt from state penalties for the procurement of supplies and services
17	and the operation and control of adult use state stores and the retail sale of marijuana, marijuana
18	products, and marijuana paraphernalia to persons who are twenty-one (21) years of age or older in
19	accordance with chapters 28.11 and 28.12 of title 21 and regulations promulgated thereunder.
20	(29) "State prosecution" means prosecution initiated or maintained by the state of Rhode
21	Island or an agency or political subdivision of the state of Rhode Island.
22	(30) “Supplies” has the meaning given in § 37-2-7 and includes marijuana, marijuana
23	products, and marijuana paraphernalia to be sold at adult use state stores.
24	(31) “Vaporize” or “vape” means heating below the point of combustion and resulting in a
25	vapor or mist.
26	21-28.11-4. Exempt activities.
27	Effective from and after January 1, 2021, except as otherwise provided in this chapter:
28	(1) A person who is twenty-one (21) years of age or older is exempt from arrest, civil or
29	criminal penalty, seizure or forfeiture of assets, discipline by any state or local licensing board, and
30	state prosecution for solely engaging in the following acts in accordance and compliance with
31	chapters 28.11 and 28.12 of title 21 and the regulations promulgated thereunder by the office of
32	cannabis regulation:
33	(i) Actually or constructively using, obtaining, purchasing, transporting, or possessing one
34	ounce (1 oz.) or less of marijuana plant material, or an equivalent amount of marijuana product as
	LC003746 - Page 313 of 621
1	determined by regulations promulgated by the office of cannabis regulation, provided that a person
2	who is twenty-one (21) years of age or older may only purchase one ounce (1 oz.) of marijuana plant
3	material, or an equivalent amount of marijuana product as determined by regulations promulgated by
4	the department of office of cannabis regulation per day;
5	(ii) Possessing in the person’s primary residence in secured and locked storage five ounces
6	(5 oz.) or less of marijuana plant material or an equivalent amount of marijuana product as determined
7	by regulations promulgated by the office of cannabis regulation, or possessing in any dwelling unit
8	used as the primary residence by two or more persons who are each twenty-one (21) years of age or
9	older in secured and locked storage ten ounces (10 oz.) or less of marijuana plant material or an
10	equivalent amount of marijuana product as determined by regulations promulgated by the office of
11	cannabis regulation;
12	(iii) Controlling any premises or vehicle where persons who are twenty-one (21) years of age
13	or older possess, process, or store amounts of marijuana plant material and marijuana products that
14	are legal under state law under subsections (1)(i) and (1)(ii) of this section, provided that any and all
15	marijuana plant material and/or marijuana products in a vehicle are sealed, unused, and in their
16	original unopened packaging;
17	(iv) Giving away, without consideration, the amounts of marijuana and marijuana products
18	that are legal under state law under subsection (1)(i) of this section, if the recipient is a person who
19	is twenty-one (21) years of age or older, provided the gift or transfer of marijuana is not advertised or
20	promoted to the public and the gift or transfer of marijuana is not in conjunction with the sale or
21	transfer of any money, consideration or value, or another item or any other services in an effort to evade
22	laws governing the sale of marijuana;
23	(v) Aiding and abetting another person who is twenty-one (21) years of age or older in the
24	actions allowed under this chapter; and
25	(vi) Any combination of the acts described within subsections (1)(i) through (1)(v) of this
26	section, inclusive.
27	(2) Except as otherwise provided in this chapter and chapter 28.12 of title 21, an adult use
28	state store and any person who is twenty-one (21) years of age or older and acting in their capacity
29	as an owner, officer, director, partner, manager, member, employee, or registered agent of an
30	adult use marijuana contractor is exempt from arrest, civil or criminal penalty, seizure or forfeiture
31	of assets, discipline by any state or local licensing board, and state prosecution for solely engaging
32	in the following acts in accordance and compliance with chapters 28.11 and 28.12 of title 21, the
33	regulations promulgated thereunder by the office of cannabis regulation and any applicable adult use
34	marijuana contract:
	LC003746 - Page 314 of 621
1	(i) Actually or constructively obtaining, purchasing, transporting or possessing marijuana or
2	marijuana products that were purchased from an adult use marijuana cultivator licensee, an adult use
3	marijuana processor licensee, another adult use state store or adult use marijuana contractor, or any
4	other marijuana establishment licensee;
5	(ii) Manufacturing, possessing, producing, obtaining, purchasing or selling marijuana
6	paraphernalia;
7	(iii) Selling, delivering, or transferring marijuana, marijuana products or marijuana
8	paraphernalia to another adult use state store or adult use marijuana contractor;
9	(iv) Selling at retail, transferring, or delivering, no more than, one ounce (1 oz.) of marijuana, or
10	an equivalent amount of marijuana product per day, or marijuana paraphernalia to any person who
11	is twenty-one (21) years of age or older, within the transaction limits of and in accordance with this
12	chapter, chapter 28.12 of title 21 and regulations promulgated by the office of cannabis regulation;
13	(v) Transferring or delivering marijuana or marijuana products to a cannabis testing facility
14	in accordance with regulations promulgated by the office of cannabis regulation;
15	(vi) Managing and supervising under the operation and control of the state any state store or
16	other premises or vehicle where marijuana, marijuana products, and marijuana paraphernalia are
17	possessed, sold, or deposited in a manner that is not in conflict with this chapter, chapter 28.12 of
18	title 21 or regulations promulgated by the office of cannabis regulation; and
19	(vii) Any combination of the acts described within subsections (2)(i) through (2)(vi) of this
20	section, inclusive.
21	(3) Except as otherwise provided in this chapter and chapter 28.12 of title 21, an adult use
22	marijuana cultivator licensee or any person who is twenty-one (21) years of age or older and acting
23	in their capacity as an owner, officer, director, partner, manager, member, employee, or
24	registered agent of an adult use marijuana cultivator licensee is exempt from arrest, civil or criminal
25	penalty, seizure or forfeiture of assets, discipline by any state or local licensing board, and state
26	prosecution for solely engaging in the following acts in accordance and compliance with chapters
27	28.11 and 28.12 of title 21, and the regulations promulgated thereunder by the office of cannabis
28	regulation:
29	(i) Cultivating, packing, processing, transporting, or manufacturing marijuana, but not
30	marijuana products;
31	(ii) Transporting or possessing marijuana that was produced by the adult use marijuana
32	cultivator licensee or another marijuana establishment;
33	(iii) Selling, delivering, or transferring marijuana to the state, an adult use state store or
34	adult use marijuana contractor, an adult use marijuana processor licensee, another adult use
	LC003746 - Page 315 of 621
1	marijuana cultivator licensee, or any other marijuana establishment;
2	(iv) Purchasing marijuana from an adult use marijuana cultivator licensee;
3	(v) Delivering or transferring marijuana to a cannabis testing laboratory;
4	(vi) Managing, supervising and controlling any premises or vehicle where marijuana is
5	possessed, manufactured, sold, or deposited, in accordance with regulations promulgated by the
6	office of cannabis regulation; and
7	(vii) Any combination of the acts described within subsections (3)(i) through (3)(vi) of this
8	section, inclusive.
9	(4) Except as otherwise provided in this chapter and chapter 28.12 of title 21, an adult use
10	marijuana processor licensee or any person who is twenty-one (21) years of age or older and acting
11	in their capacity as an owner, officer, director, partner, manager, member, employee, or
12	registered agent of an adult use marijuana processor licensee is exempt from arrest, civil or criminal
13	penalty, seizure or forfeiture of assets, discipline by any state or local licensing board, and state
14	prosecution for solely engaging in the following acts in accordance and in accordance and compliance
15	with chapters 28.11 and 28.12 of title 21 and the regulations promulgated thereunder by the office of
16	cannabis regulation:
17	(i) Producing, manufacturing, packing, processing, or transporting marijuana products;
18	(ii) Packing, processing, possessing, or transporting marijuana that was produced by an adult
19	use marijuana cultivator licensee;
20	(iii) Possessing, transporting, or producing marijuana paraphernalia;
21	(iv) Manufacturing, possessing, or producing marijuana products;
22	(v) Selling, delivering, or transferring marijuana products to the state, an adult use state
23	store or adult use marijuana contractor, another adult use marijuana processor licensee, or any
24	other marijuana establishment;
25	(vi) Purchasing marijuana from an adult use marijuana cultivator licensee, or another adult
26	use marijuana processor licensee, or any other marijuana establishment;
27	(vii) Delivering or transferring marijuana or marijuana products to a cannabis testing
28	laboratory;
29	(viii) Managing, supervising or controlling any premises or vehicle where marijuana products
30	and marijuana paraphernalia are possessed, manufactured, sold, or deposited;
31	(ix) Managing, supervising or controlling any premises or vehicle where marijuana is
32	possessed, processed, packaged, or deposited; and
33	(x) Any combination of the acts described within subsections (4)(i) through (4)(ix) of this
34	section, inclusive.
	LC003746 - Page 316 of 621
1	(5) Except as otherwise provided in this chapter and chapter 28.12 of title 21, a cannabis
2	testing laboratory or any person who is twenty-one (21) years of age or older and acting in their
3	capacity as an owner, officer, director, partner, manager, member, employee, or registered agent
4	of a cannabis testing laboratory shall not be subject to state prosecution; search, except by the
5	department of business regulation or department of health pursuant to § 21-28.12-8; seizure; or
6	penalty in any manner or be denied any right or privilege, including, but not limited to, civil penalty or
7	disciplinary action by a court or business licensing board or entity solely engaging in for the
8	following acts in accordance and compliance with chapters 28.11 and 28.12 of title 21, the regulations
9	promulgated thereunder by the department of health and the office of cannabis regulation:
10	(i) Acquiring, transporting, storing, or possessing marijuana or marijuana products;
11	(ii) Returning marijuana and marijuana products to adult use marijuana cultivator licensees,
12	adult use marijuana processor licensees, the state, adult use state stores or adult use marijuana
13	contractors, other marijuana establishment licensees and industrial hemp license holders;
14	(iii) Receiving compensation for analytical testing, including but not limited to testing for
15	contaminants and potency; and
16	(iv) Any combination of the acts described within subsections (4)(i) through (4)(iii) of this
17	section, inclusive.
18	(6) The acts listed in subsections (1) through (5) of this section, when undertaken in
19	accordance and compliance with the provisions of chapters 28.11 and 28.12 of title 21 and
20	regulations promulgated thereunder, are lawful under Rhode Island law.
21	(7) Except as otherwise provided in chapters 28.11 and 28.12 of title 21, a marijuana
22	establishment licensee or any person who is twenty-one (21) years of age or older and acting in their
23	capacity as an owner, officer, director, partner, manager, member, employee, or registered agent
24	of a marijuana establishment licensed by the office of cannabis regulation is exempt from arrest,
25	civil or criminal penalty, seizure or forfeiture of assets, discipline by any state or local licensing
26	board, and state prosecution solely for obtaining, possessing, transferring, or delivering marijuana,
27	marijuana products or marijuana paraphernalia or otherwise engaging in activities permitted
28	under the specific marijuana establishment license it holds as issued by the office of cannabis
29	regulation in accordance and compliance with chapters 28.11 and 28.12 of title 21 and the
30	corresponding marijuana establishment license regulations promulgated by the office of cannabis
31	regulation.
32	(8) No state employee shall be subject to arrest, prosecution, or penalty in any manner, or
33	denied any right or privilege, including, but not limited to, civil penalty, criminal penalty, seizure
34	or forfeiture of assets, discipline by any state or local licensing board, state prosecution,
	LC003746 - Page 317 of 621
1	disciplinary action, termination, or loss of employee or pension benefits, for any and all conduct
2	that occurs within the scope of his or her employment regarding the administration, execution,
3	implementation and/or enforcement of chapters 28.11 and 28.12 of title 21 and the regulations
4	promulgated thereunder, and the provisions of §§ 9-31-8 and 9-31-9 shall be applicable to this
5	section.
6	(9) Except for the exemptions set forth in subsections (1) and (2) of this section which
7	shall be effective from and after January 1, 2021, the exemption set forth in subsection (8) of this
8	section which shall be effective upon passage of this act, the exemptions set forth in subsections
9	(3), (4), (5), (6) and (7) of this section shall be effective as to a marijuana establishment licensee
10	from and after the date of issuance of a license by the office of cannabis regulation.
11	21-28.11-5. Authorized activities; paraphernalia.
12	(a) Any person who is twenty-one (21) years of age or older is authorized to manufacture,
13	produce, use, obtain, purchase, transport, or possess, actually or constructively, marijuana
14	paraphernalia in accordance with all applicable laws.
15	(b) Any person who is twenty-one (21) years of age or older is authorized to distribute or
16	sell marijuana paraphernalia to marijuana establishments or persons who are twenty-one (21)
17	years of age or older in accordance with all applicable laws.
18	21-28.11-6. Unlawful activities; penalties.
19	(a) Except as expressly provided in chapters 28.6, 28.11 and 28.12 of title 21, no person
20	or entity shall cultivate, grow, acquire, purchase, possess, sell, transfer, manufacture, process, or
21	otherwise produce marijuana, marijuana plants or marijuana products.
22	(b) Any person or entity who cultivates, grows, acquires, purchases, possesses, sells,
23	manufactures, processes, or otherwise produces marijuana, marijuana plants or marijuana
24	products in violation of chapters 28.6, 28.11 and 28.12 of title 21, and/or the regulations
25	promulgated thereunder shall be subject to imposition of an administrative penalty and order by
26	the office of cannabis regulation as follows:
27	(i) for a violation of this section involving one (1) to five (5) marijuana plants, an
28	administrative penalty of $2,000 per plant and an order requiring forfeiture and/or destruction of
29	said plants;
30	(ii) for a violation of this section involving six (6) to ten (10) marijuana plants, an
31	administrative penalty of $3,000 per plant and an order requiring forfeiture and/or destruction of
32	said plants;
33	(iii) for a violation of this section involving eleven (11) to twenty (20) marijuana plants,
34	an administrative penalty of $4,000 per plant and an order requiring forfeiture and/or destruction
	LC003746 - Page 318 of 621
1	of said plants;
2	(iv) for a violation of this section involving more than twenty (20) marijuana plants, an
3	administrative penalty of $5,000 per plant and an order requiring forfeiture and/or destruction of
4	said plants;
5	(v) for any violation of this section involving more than twenty (20) marijuana plants,
6	such person and, in the case of an entity each of such entity’s owners, officers, directors,
7	managers, members, partners and other key persons, shall also be guilty of a felony, and upon
8	conviction shall be punished by imprisonment and a fine as provided in chapter 28 of title 21 and
9	the attorney general shall prosecute such criminal violation; and
10	(vi) for any violation of this section involving marijuana material or marijuana products over the
11	legal possession limits of this chapter, there shall be an administrative penalty of $2,000 per ounce of
12	equivalent marijuana material over the legal possession limit and an order requiring forfeiture and/or
13	destruction of said marijuana.
14	21-28.11-7. Activities not exempt.
15	The provisions of this chapter do not exempt any person from arrest, civil or criminal penalty,
16	seizure or forfeiture of assets, discipline by any state or local licensing board or authority, and state
17	prosecution for, nor may they establish an affirmative defense based on this chapter to charges
18	arising from, any of the following acts:
19	(1) Driving, operating, or being in actual physical control of a vehicle or a vessel under
20	power or sail while impaired by marijuana or marijuana products;
21	(2) Possessing marijuana or marijuana products if the person is a prisoner;
22	(3) Possessing marijuana or marijuana products in any local detention facility, county jail,
23	state prison, reformatory, or other correctional facility, including, without limitation, any facility for the
24	detention of juvenile offenders; or
25	(4) Manufacturing or processing of marijuana products with the use of prohibited solvents,
26	in violation of § 21-28.11-16.
27	21-28.11-8. Marijuana use prohibitions.
28	(a) No person shall smoke, vaporize or otherwise consume or use cannabis in a public
29	place. A person who violates this section shall be subject to imposition of an administrative
30	penalty by the office of cannabis regulation of one hundred fifty dollars ($150) per violation, in
31	addition to and not in lieu of any applicable penalty or fine by the municipality where the public
32	consumption or use occurred.
33	(b) No person shall smoke or vaporize cannabis in, on or about the premises of any
34	housing that is subject to regulation or otherwise within the purview of chapters 25, 26, 53 or 60
	LC003746 - Page 319 of 621
1	of title 45 and any regulations promulgated thereunder. A person who smokes or vaporizes
2	cannabis in, on or about such housing premises shall be subject to imposition of an administrative
3	penalty by the office of cannabis regulation of one hundred fifty dollars ($150) per violation, in
4	addition to and not in lieu of any applicable penalty, access prohibition or restriction, eviction or
5	other action that may lawfully be taken by the owner and/or applicable authority with respect to
6	said housing.
7	(c) No person shall smoke or vaporize cannabis in, on or about the premises of any multi-
8	unit housing complex or building without the written permission of the owner of such property
9	and/or any applicable governing body of the housing complex or building. A person who smokes
10	or vaporizes cannabis in, on or about any multi-unit housing complex or building premises without
11	such written permission shall be subject to imposition of an administrative penalty by the office
12	of cannabis regulation of one hundred fifty dollars ($150) per violation, in addition to and not in
13	lieu of any applicable penalty, access prohibition or restriction, eviction or other action that may
14	lawfully be taken by the owner and/or any applicable authority with respect to such multi- unit
15	housing complex or building.
16	(d) No person may smoke, vaporize or otherwise consume or use, sell, distribute or
17	otherwise transfer or propose any such sale, distribution or transfer, cannabis or cannabis
18	products in, on or about the premises of any place of business, establishment, or club, whether
19	public or private, and whether operated for-profit or nonprofit, or any commercial property or
20	other premises as further defined through regulations promulgated by the office of cannabis
21	regulation, unless a cannabis social use license or temporary cannabis social use permit has been
22	issued by the office of cannabis regulation with respect to such business, establishment, club or
23	commercial property premises in accordance with regulations promulgated by the office of
24	cannabis regulation. Any person who violates this section shall be subject to imposition of
25	administrative fine and/or other penalty as prescribed by the office of cannabis regulation in such
26	regulations.
27	21-28.11-9. Scope of chapter.
28	This chapter shall not permit:
29	(a) Any person to undertake any task under the influence of marijuana, when doing so
30	would constitute negligence or professional malpractice;
31	(b) The smoking of marijuana:
32	(1) In a school bus or other form of public transportation;
33	(2) On any school grounds;
34	(3) In any correctional facility;
	LC003746 - Page 320 of 621
1	(4) In any public place;
2	(5) In any licensed drug treatment facility in this state; or
3	(6) Where exposure to the marijuana smoke affects the health, safety, or welfare of
4	children.
5	(c) Any person to operate, navigate, or be in actual physical control of any motor vehicle,
6	aircraft, or motorboat while under the influence of marijuana. However, a person shall not be
7	considered to be under the influence solely for having marijuana metabolites in his or her system.
8	(d) The operation of a marijuana emporium is prohibited in this state without a license
9	issued by the department of business regulation.
10	21-28.11-10. Places of employment.
11	(a) Nothing in this chapter shall be construed to require an employer to accommodate the
12	use or possession of marijuana, or being under the influence of marijuana, in any workplace.
13	(b) An employer shall be entitled to implement policies prohibiting the use or possession
14	of marijuana in the workplace and/or working under the influence of marijuana, provided such
15	policies are in writing and uniformly applied to all employees and an employee is given prior
16	written notice of such policies by the employer.
17	(c) The provisions of this chapter shall not permit any person to undertake any task under
18	the influence of marijuana when doing so would constitute negligence or professional
19	malpractice, jeopardize workplace safety, or to operate, navigate or be in actual physical control
20	of any motor vehicle or other transport vehicle, aircraft, motorboat, machinery or equipment, or
21	firearms under the influence of marijuana.
22	(d) Notwithstanding any other section of the general laws, upon specific request of a
23	person who is a qualifying medical marijuana patient cardholder under chapter 28.6 of title 21,
24	the department of health may verify the requesting cardholder’s status as a valid patient
25	cardholder to the qualifying patient cardholder’s employer, in order to ensure compliance with
26	patient protections of §21-28.6-4(f).
27	(e) Notwithstanding any other section of the general laws, an employer may take
28	disciplinary action against an employee, including termination of employment, if the results of a
29	drug test administered in accordance with section §28-6.5-1 of the general laws demonstrates
30	that the employee was under the influence of or impaired by marijuana while in the workplace or
31	during the performance of work. For purposes of this subsection (e), a drug test that yields a
32	positive result for cannabis metabolites shall not be construed as proof that an employee is under
33	the influence of or impaired by marijuana unless the test yields a positive result for active THC,
	LC003746 - Page 321 of 621
1	delta-9-tetrahydrocannabinol, delta-8-tetrahydrocannabinol, or any other active cannabinoid
2	found in marijuana which is an intoxicant or causes impairment.
3	21-28.11-11. Private property.
4	(a) Except as provided in this section, the provisions of this chapter do not require any person,
5	corporation, or any other entity that occupies, owns, or controls a property to allow the consumption,
6	or transfer of marijuana on or in that property.
7	(b) Except as provided in this section, in the case of the rental of a residential dwelling unit
8	governed by chapter 18 of title 34, a landlord may not prohibit the consumption of cannabis by non-
9	smoked or non-vaporized means, or the transfer without compensation of cannabis by the tenant as
10	defined in § 34-18-11, provided the tenant is in compliance with the possession and transfer limits
11	and other requirements set forth in § 21-28.11-4(1)(i) and (iv), and provided any such
12	consumption or transfer by the tenant is done within the tenant’s dwelling unit and is not visible from
13	outside of the individual residential dwelling unit. A landlord may prohibit the consumption, display, and
14	transfer of cannabis by a roomer as defined in §34-18-11 and by any other person who is not a tenant.
15	21-28.11-12. False age representation.
16	(a) Any person who falsely represents themselves to be twenty-one (21) years of age or
17	older in order to obtain any marijuana, marijuana products, or marijuana paraphernalia pursuant
18	to this chapter is guilty of a civil violation.
19	(b) Any person who violates this section shall be subject to the following penalties which
20	shall be enforced by the division of motor vehicles in accordance with chapter 11 of title 31 and any
21	regulations promulgated thereunder or hereunder:
22	(i) for the first offense, imposition of a mandatory fine of not less than one hundred dollars
23	($100) nor more than five hundred dollars ($500), the requirement to perform thirty (30) hours of
24	community service and suspension of his/her motor vehicle operator's license or permit and driving
25	privileges for a period of thirty (30) days;
26	(ii) for the second offense, imposition of a mandatory fine of not less than five hundred
27	dollars ($500) nor more than seven hundred fifty dollars ($750), the requirement to perform forty
28	(40) hours of community service and suspension of his/her motor vehicle operator's license or permit
29	and driving privileges for a period of three (3) months; and
30	(iii) for the third and subsequent offenses, imposition of a mandatory fine for each offense
31	of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000), the
32	requirement to perform by fifty (50) hours of community service and suspension of his/her motor
33	vehicle operator's license or permit and driving privileges for a period of one (1) year.
34	(c) In addition to and not in lieu of the penalties described in subsection (b), the department
	LC003746 - Page 322 of 621
1	of elementary and secondary education and, with the prior approval of the department, any city,
2	town or school district under its authority, may adopt and implement marijuana drug use policies
3	which require students to face disciplinary actions including but not limited to, suspension,
4	expulsion, community service, and prohibition from participation in school sanctioned events, for
5	any violation of this section or for the possession or use of marijuana, provided that nothing
6	herein shall alter, modify or otherwise impair the medical use protections afforded under chapter
7	28.6 of title 21 to qualifying patients that are registered with the department of health under § 21-
8	28.6-6(b). The department of elementary and secondary education shall have the authority to
9	adopt rules and regulations as are necessary and proper to carry out the foregoing.
10	21-28.11-13. Unlawful distribution to minors; penalties.
11	(a) Except as expressly provided in chapters 28.6 of title 21, no person or entity shall sell,
12	deliver, distribute or otherwise transfer or furnish to, or purchase or otherwise procure for, any
13	person who is under twenty-one (21) years of age marijuana, marijuana plants, marijuana
14	products or marijuana paraphernalia.
15	(b) Any person or entity who sells, delivers, distributes or otherwise transfers or furnishes
16	to, or purchases or otherwise procures for, any person who is under twenty-one (21) years of age
17	marijuana, marijuana plants, marijuana products or marijuana paraphernalia in violation of this
18	chapter and chapter 28.12 and/or the regulations promulgated hereunder shall be subject to
19	imposition of an administrative penalty by the office of cannabis regulation in the amount of
20	$10,000 per violation.
21	(c) As to any knowing violation of this section, by any person who is twenty-one (21)
22	years of age or older where the sale, delivery, distribution, transfer or furnishing to, or purchase
23	or procurement for, is as to a person who is at least three (3) years his or her junior, such person,
24	and in the case of an entity each of such entity’s owners, officers, directors, managers, members,
25	partners and other key persons, shall also be guilty of a felony, and upon conviction shall be
26	punished by imprisonment and a fine as provided in chapter 28 of title 21 and the attorney general
27	shall prosecute such criminal violation.
28	(d) It is no defense to a prosecution for a violation of subsection (c) that in the transaction
29	upon which the prosecution is based, any person who has not reached his or her twenty-first
30	(21st) birthday acted as the agent or representative of another, or that the defendant dealt with any
31	person who has not reached his or her twenty-first (21st) birthday as the agent or representative of
32	another, or that any person who has not reached his or her twenty-first (21st) birthday
33	misrepresented or misstated his or her age, or the age of any other person or misrepresented his or
34	her age through the presentation of any of the documents described in § 3-8-6(a)(3)(i)-(iii) of the
	LC003746 - Page 323 of 621
1	general laws.
2	21-28.11-14. Compliance check.
3	(a) As used in this section the term "compliance check" means the sending of a minor
4	into a marijuana establishment to see if that minor could purchase marijuana. As used in this
5	section the term "purchase survey" refers to compliance checks that are a part of a statewide
6	survey.
7	(b) Underage individuals acting as agents for state or municipal law enforcement may
8	purchase, with impunity from prosecution, marijuana for the purposes of law enforcement,
9	provided that the underage individuals are supervised by an adult law enforcement official. Any
10	individual participating in an unannounced compliance check and/or purchase survey must state
11	his/her accurate age if asked by the employee of the licensed establishment being checked.
12	(c) If the compliance check is a part of a general enforcement operation and results in the
13	sale of marijuana to the minor, the manager of the marijuana establishment shall be notified
14	within 48 hours of the violation. If the compliance check is a part of a purchase survey and results
15	in the sale of marijuana to the minor, the manager of the marijuana establishment shall be notified
16	of the violation upon completion of the purchase survey in that community.
17	21-28.11-15. Transportation of marijuana by underage persons.
18	(a) Any person who has not reached his or her twenty-first (21st) birthday and who
19	operates a motor vehicle upon the public highways, except when accompanied by a parent, legal
20	guardian, or another adult who is over the age of twenty-one (21) years and related, whether by
21	blood, adoption or marriage, to the operator within the following degree of sanguinity: brother,
22	sister, grandfather, grandmother, father-in-law, mother-in-law, brother-in-law, sister-in-law,
23	stepfather, stepmother, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, great uncle or
24	great aunt and, knowingly having marijuana or marijuana products in any form in containers,
25	opened or unopened, in any part of the vehicle shall be guilty of a criminal violation. The words
26	“marijuana” and “marijuana products”, as used in this section, have the same meaning as defined
27	in chapter 21-28.11 of this title.
28	(b) Any person who violates subsection (a) of this section shall be subject to the
29	following penalties enforced by the division of motor vehicles in accordance with chapter 11 of
30	title 31 and the regulations promulgated thereunder or hereunder:
31	(1) For a first offense, a fine of not more than two hundred fifty dollars ($250) and have
32	his or her license to operate a motor vehicle suspended for not more than thirty (30) days;
33	(2) For a second offense, a fine of not more than five hundred dollars ($500) and have his
34	or her license to operate a motor vehicle suspended for not more than ninety (90) days;
	LC003746 - Page 324 of 621
1	(3) For a third or subsequent offense, a fine of no less than five hundred dollars ($500)
2	nor more than nine hundred and fifty dollars ($950) and have his or her license to operate a motor
3	vehicle suspended for one year.
4	21-28.11-16. Unlawful marijuana extraction, penalties.
5	(a) No person, other than an adult use marijuana processor licensee who is in compliance
6	with this chapter, chapter 28.12 and accompanying regulations or a registered agent of an adult use
7	marijuana processor licensee acting in that capacity, may extract compounds from marijuana using
8	solvents other than water, glycerin, propylene glycol, vegetable oil, or food grade ethanol (ethyl
9	alcohol). No person may extract compounds from marijuana using ethanol in the presence or vicinity
10	of open flame.
11	(b) A person who violates this section shall be subject to imposition of an administrative
12	penalty by the office of cannabis regulation of up to five thousand dollars ($5,000) per violation.
13	(c) A person who violates this section shall also be guilty of a felony punishable by
14	imprisonment and a fine in accordance with chapter 28 of title 21 and the attorney general shall
15	prosecute such criminal violation.
16	CHAPTER 28.12
17	MARIJUANA REGULATION, CONTROL, AND REVENUE ACT
18	21-28.12-1. Short title.
19	This chapter shall be known and may be cited as the "Marijuana Regulation, Control, and
20	Revenue Act."
21	21-28.12-2. Definitions.
22	For purposes of this chapter:
23	(1) "Adult use" means the use, consumption, acquisition, purchase, possession, transfer,
24	or transportation of marijuana, marijuana products or marijuana paraphernalia by a person who
25	is twenty-one (21) years of age or older within the possession limitations and subject to and in
26	accordance with all other limitations, restrictions, and requirements of chapters 28.11 and 28.12
27	of title 21 and all regulations promulgated thereunder.
28	(2) “Adult use marijuana contract” means a contract entered into by and between the state
29	and an adult use marijuana contractor pursuant to the procurement procedures and requirements set
30	forth in chapter 2 of title 37 with respect to the provision of supplies and performance of services to,
31	for, and on behalf of, the state with respect to the state’s operation and control of adult use state
32	stores.
33	(3) “Adult use marijuana contractor” means a contractor that is party to an adult use
34	marijuana contract with the state to provide supplies and perform services to, for, and on behalf of,
	LC003746 - Page 325 of 621
1	the state with respect to the state’s operation and control of adult use state stores and who shall be
2	exempt from state penalties for the provision of supplies and performance of services in compliance
3	with the adult use marijuana contract, chapters 28.11 and 28.12 of title 21, and regulations
4	promulgated by the office of cannabis regulation.
5	(4) "Adult use marijuana cultivator licensee" means any person or entity that is licensed
6	under chapter 28.12 of title 21 to be exempt from state penalties for cultivating, preparing,
7	packaging, and selling or transferring marijuana (but not marijuana products) in accordance with
8	chapters 28.11 and 28.12 of title 21 and regulations promulgated thereunder to the state, an adult use
9	state store, an adult use marijuana contractor, a marijuana processor, another adult use marijuana
10	cultivator licensee, a cannabis testing laboratory, or another marijuana establishment licensee.
11	(5) “Adult use marijuana emporium” means any establishment, facility or club, whether
12	operated for-profit or nonprofit, or any commercial unit or other premises as further defined
13	through regulations promulgated by the department of business regulation, at which the sale,
14	distribution, transfer or use of marijuana or marijuana products is proposed and/or occurs to, by
15	or among members of the general public or other persons as further defined through regulations
16	promulgated by the department of business regulation. This shall not include a compassion center
17	regulated and licensed by the department of business regulation pursuant to chapter 28.6 of title
18	21 or an adult use state store operated and controlled by the state in accordance with the terms of
19	chapters 28.11 and 28.12 of title 21.
20	(6) "Adult use marijuana processor licensee" means an entity licensed under chapter 21-
21	28.12 of title 21 to be exempt from state penalties for purchasing marijuana from adult use marijuana
22	cultivator licensees, other adult use marijuana processors, or other marijuana establishments,
23	manufacturing and/or processing marijuana products, and selling, giving, or transferring marijuana
24	products to the state, an adult use state store, an adult use marijuana contractor, a cannabis testing
25	laboratory, or other marijuana establishment licensee in accordance with chapters 28.11 and 28.12 of title
26	21 and regulations promulgated thereunder.
27	(7) "Adult use state store" means a facility operated and controlled by the state which
28	shall be exempt from state penalties for such operation and control and the procurement of
29	supplies and services and the retail sale of marijuana, marijuana products, and marijuana
30	paraphernalia to persons who are twenty-one (21) years of age or older in accordance with the
31	provisions of chapters 28.11 and 28.12 of title 21 and regulations promulgated thereunder.
32	(8) “Cannabis” means all parts of the plant of the genus marijuana, also known as marijuana
33	sativa L, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and
34	every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin
	LC003746 - Page 326 of 621
1	regardless of cannabinoid content or cannabinoid potency including “marijuana”, and “industrial
2	hemp” or “industrial hemp products” which satisfy the requirements of chapter 26 of title 2.
3	(9) "Cannabis testing laboratory” means a third-party analytical testing laboratory licensed
4	by the departments of health, in coordination with the department of business regulation, to
5	collect and test samples of cannabis pursuant to regulations promulgated under chapters 28.11
6	and 28.12 of title 21.
7	(10) “Contract” has the meaning given that term in § 37-2-7.
8	(1) “Department” or “department of business regulation” means the office of cannabis
9	regulation within the department of business regulation or its successor agency.
10	(12) "Dwelling unit" means a room or group of rooms within a residential dwelling used or
11	intended for use by one family or household, or by no more than three (3) unrelated individuals, with
12	facilities for living, sleeping, sanitation, cooking, and eating.
13	(13) "Equivalent amount" means the portion of usable marijuana, be it in extracted,
14	edible, concentrated, or any other form, found to be equal to a portion of dried, marijuana, as
15	defined by regulations promulgated by the office of cannabis regulation.
16	(14) "Hemp” or “industrial hemp" has the meaning given that term in § 2-26-3.
17	(15) "Hemp products” or “industrial hemp products" has the meaning given that term in §
18	2-26-3.
19	(16) “Hemp-derived consumable CBD products” has the meaning given that term in § 2-
20	26-3.
21	(17) "Marijuana" means all parts of the plant cannabis sativa L., whether growing or not;
22	the seeds of the plant; the resin extracted from any part of the plant; and every compound,
23	manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, but shall not
24	include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the
25	seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of
26	mature stalks, (except the resin extracted from it), fiber, oil or cake, or the sterilized seed from the
27	plant which is incapable of germination. Marijuana shall not include “industrial hemp” or”
28	industrial hemp products” which satisfy the requirements of chapter 26 of title 2.
29	(18) "Marijuana establishment" and “marijuana establishment licensee” means any person,
30	entity or facility that is licensed under chapters 28.12 or 28.6 of title 21, to be exempt from state
31	penalties for engaging in or conducting the activities permitted under its respective license and
32	includes but is not limited to an adult use marijuana cultivator licensee, an adult use marijuana
33	processor licensee, an adult use marijuana contractor, a cannabis testing laboratory, a licensed
	LC003746 - Page 327 of 621
1	compassion center, a licensed medical marijuana cultivator, or any other entity licensed by the
2	office of cannabis regulation under chapter 28.12 or 28.6 or title 21.
3	(19) "Marijuana paraphernalia" means equipment, products, and materials which are used
4	or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing,
5	compounding, converting, producing, processing, preparing, testing, analyzing, packaging,
6	repackaging, storing, containing, concealing, ingesting, or inhaling marijuana, or otherwise
7	introducing marijuana into the human body.
8	(20) “Marijuana plant” means a marijuana plant, rooted or unrooted, mature, or
9	immature, with or without flowers or buds.
10	(21) "Marijuana products" means any form of marijuana, including concentrated marijuana
11	and products that are comprised of marijuana and other ingredients that are intended for use or
12	consumption, such as, but not limited to, extracts, infusions, edible products, ointments, and tinctures,
13	as further defined in regulations promulgated by the office of cannabis regulation.
14	(22) “Office of cannabis regulation” means the office of cannabis regulation within the
15	department of business regulation.
16	(23) “Procurement” has the meaning given that term in § 37-2-7.
17	(24) "Public place" means any street, alley, park, sidewalk, public building other than
18	individual dwellings, or any place of business or assembly open to or frequented by the public, and
19	any other place to which the public has access.
20	(25) "Registry identification card" means a document issued by the department of
21	business regulation or department of health that identifies a person as a registered officer,
22	director, manager, member, partner, employee, or agent of an adult use marijuana cultivator
23	licensee, an adult use marijuana processor licensee, an adult use marijuana contractor, an adult
24	use state store, a cannabis testing laboratory, or any other marijuana establishment licensee.
25	(26) “Services” has the meaning given in § 37-2-7.
26	(27) "Smoke" or "smoking" means heating to at least the point of combustion, causing plant
27	material to burn, inhaling, exhaling, burning, or carrying any lighted or heated cigarette, pipe, weed,
28	plant, other marijuana product in any manner or in any form intended for inhalation in any manner or
29	form and includes but is not limited to the use of electronic cigarettes, electronic pipes, electronic
30	marijuana delivery system products, or other similar products that rely on vaporization or aerosolization.
31	(28) “State” means the state of Rhode Island and, to the extent of any delegation of purchase
32	control pursuant to § 37-2-54, the department of business regulation through its office of cannabis
33	regulation which shall be exempt from state penalties for the procurement of supplies and services
34	and the operation and control of adult use state stores and the retail sale of marijuana, marijuana
	LC003746 - Page 328 of 621
1	products, and marijuana paraphernalia to persons who are twenty-one (21) years of age or older in
2	accordance with chapters 28.11 and 28.12 of title 21 and regulations promulgated thereunder.
3	(29) "State prosecution" means prosecution initiated or maintained by the state of Rhode
4	Island or an agency or political subdivision of the state of Rhode Island.
5	(30) “Supplies” has the meaning given in § 37-2-7 and includes marijuana, marijuana
6	products, and marijuana paraphernalia to be sold at adult use state stores.
7	(31) “Vaporize” or “vape” means heating below the point of combustion and resulting in a
8	vapor or mist.
9	21-28.12-3. Office of Cannabis Regulation.
10	(a) The department of business regulation’s office of cannabis regulation shall oversee
11	the regulation, licensing and control of cannabis, including adult use marijuana, medical
12	marijuana and industrial hemp, and such other matters within the jurisdiction of the department as
13	determined by the director. An associate director or other designee of the director who reports to
14	the director shall be in charge of all matters relating to cannabis regulation, licensing and control.
15	(b) Whenever in chapter 26 of title 2, chapters 28.6, 28.11 or 28.12 of title 21, and
16	chapter 49.1 of title 44 the words “department of business regulation” shall appear, the words
17	shall be deemed to mean the office of cannabis regulation within the department of business
18	regulation. Whenever in chapter 26 of title 2, chapters 28.6, 28.11 or 28.12 of title 21, and chapter
19	49.1 of title 44 the words “office of cannabis regulation” shall appear, the words shall be deemed
20	to mean the office of cannabis regulation within the department of business regulation.
21	(c) The office of cannabis regulation within the department of business regulation shall
22	regulate, license and control cannabis including, but not limited to, strategic planning,
23	promulgating regulations, operation, conduct and control of adult use state stores pursuant to and
24	in accordance with chapters 28.11 ad 28.12 of title 21, including, without limitation, negotiation
25	and entry into contracts with, and purchase of supplies and services from, adult use marijuana
26	contractors pursuant to any delegation to the department of business regulation pursuant to § 37-
27	2-54 and in accordance with the requirements of chapter 2 of title 37. The office of cannabis
28	regulation shall also be responsible for educating the public about cannabis, cannabis planning
29	and implementation, community engagement, budget coordination, data collection and analysis
30	functions, and any other duties deemed necessary and appropriate by the office of cannabis
31	regulation to carry out the provisions of this chapter.
32	(d) In furtherance of its comprehensive regulation of cannabis, including marijuana, medical
33	marijuana and industrial hemp, across state agencies, the office of cannabis regulation shall:
	LC003746 - Page 329 of 621
1	(1) Coordinate with the staff designated by the respective directors of each state agency
2	regarding the agency's promulgation and implementation of rules and regulations regarding adult use of
3	marijuana, medical marijuana and industrial hemp with the objective of producing positive economic,
4	public safety, and health outcomes for the state and its citizens;
5	(2) Offer guidance to and communicate with municipal officials regarding the implementation
6	and enforcement of this chapter and chapters 28.6 and 28.11;
7	(3) Align all policy objectives and the promulgation of rules and regulations across state
8	agencies to increase efficiency and eliminate unintended negative impacts on the state and its citizens;
9	(4) Communicate with regulatory officials from other states that allow marijuana for adult
10	use, medical marijuana use and industrial hemp production to learn from the experiences of those
11	states;
12	(5) Anticipate, prioritize, and respond to emerging issues with the regulation of marijuana;
13	(6) Coordinate the collection of data on adult use of marijuana and medical marijuana use
14	from state agencies and report to the governor and legislature no later than January 1, 2022, and
15	every year thereafter. The report shall include, but is not limited to:
16	(i) The number and geographic distribution of all licensed marijuana establishments and adult
17	use state stores;
18	(ii) Data on the total amount of sales of marijuana and the total amount of revenue raised
19	from marijuana;
20	(iii) Projected estimate of the total marijuana revenue that will be raised in the ensuing
21	year;
22	(iv) The distribution of funds to programs and agencies from revenue raised from marijuana;
23	and
24	(v) Any findings from the departments of health and public safety related to changes in
25	marijuana use rates and the impact, if any, of marijuana use on public health and public safety.
26	21-28.12-4. Community Equity and Reinvestment Council.
27	(a) There is hereby established a community equity and reinvestment council which shall
28	consist of eleven (11) members appointed by and serving at the pleasure of the governor including,
29	without limitation, stakeholders (or their designees) with expertise in such areas as:
30	(1) Community reinvestment;
31	(2) Cannabis reform and policy;
32	(3) Criminal justice;
33	(4) Social equity;
34	(5) Diversity and inclusion;
	LC003746 - Page 330 of 621
1	(6) Business and employment opportunities;
2	(7) Incubation opportunities; and
3	(8) Cannabis marketplace, industry and economics.
4	(b) Members of the council shall serve without compensation. Seven (7) or more members of
5	the council present and voting shall constitute a quorum.
6	(c) The council’s duties shall include:
7	(1) Collecting and reviewing data and information on matters related to the adverse impact
8	to persons and communities based on the past criminalization of cannabis;
9	(2) Developing recommendations that are designed to foster social equity and community
10	reinvestment within the framework of the state’s adult use marijuana program including proposed
11	expenditure of funds appropriated therefor; and
12	(3) Conducting public meetings to take testimony from experts and members of the general
13	public on issues related to the council’s charge.
14	(d) All meetings of the council shall be open meetings and records of the council shall be
15	public records.
16	(e) The office of cannabis regulation will provide administrative support to the council
17	and incorporate the council’s recommendations into a report, which shall be approved by the
18	council and submitted to the governor on or before December 31, 2020.
19	21-28.12-5 Licensed adult use marijuana cultivators.
20	(a) An adult use marijuana cultivator licensed under this section may acquire, possess,
21	cultivate, package, process, and manufacture marijuana, but not marijuana products, in
22	accordance with regulations promulgated by the department of business regulation. A licensed
23	adult use marijuana cultivator may sell, deliver, or transfer marijuana products to the state, adult
24	use marijuana state stores, an adult use marijuana contractor, a licensed adult use adult use
25	marijuana processor, a cannabis testing laboratory, or any other marijuana establishment licensee,
26	in accordance with regulations promulgated by the department of business regulation. A licensed
27	adult use marijuana cultivator shall not be a primary caregiver cardholder and shall not hold a
28	cooperative cultivation license. A licensed adult use marijuana cultivator shall not manufacturer
29	or process marijuana into marijuana products unless the licensed adult use marijuana cultivator
30	has also been issued an adult use marijuana processor license by the department of business
31	regulation and pursuant to regulations promulgated by the department of business regulation. The
32	department of business regulation may restrict the number, types, and classes of adult use
33	marijuana licenses an applicant may be issued through regulations promulgated by the
34	department.
	LC003746 - Page 331 of 621
1	(b) Licensing of adult use marijuana cultivator – Department of business regulation
2	authority. The department of business regulation may promulgate regulations governing the
3	manner in which it shall consider applications for the licensing of adult use marijuana cultivators,
4	including but not limited to regulations governing:
5	(1) The form and content of licensing and renewal applications;
6	(2) Minimum oversight requirements for licensed adult use marijuana cultivators;
7	(3) Minimum record-keeping requirements for adult use marijuana cultivators;
8	(4) Minimum insurance requirements for adult use marijuana cultivators;
9	(5) Minimum security requirements for adult use marijuana cultivators; and
10	(6) Procedures for suspending, revoking, or terminating the license of adult use marijuana
11	cultivators that violate any provisions of this chapter or the regulations promulgated hereunder.
12	(7) Applicable application and license fees.
13	(c) An adult use marijuana cultivator license issued by the department of business
14	regulation shall expire three (3) years after it was issued and the licensed adult use marijuana
15	cultivator may apply for renewal with the department in accordance with its regulations
16	pertaining to licensed adult use marijuana cultivators
17	(d) The department of business regulation may promulgate regulations that govern how
18	much marijuana a licensed adult use marijuana cultivator may cultivate and possess. All
19	marijuana possessed by a licensed adult use marijuana cultivator must be catalogued in a seed to
20	sale inventory tracking system in accordance with regulations promulgated by the department of
21	business regulation.
22	(e) Adult use marijuana cultivators shall only sell marijuana to the state, adult use state
23	stores, adult use marijuana contractors, another licensed adult use marijuana cultivator, a licensed
24	adult use marijuana processor or another licensed marijuana establishment licensee, in accordance
25	with regulations promulgated by the department of business regulation. The department may
26	suspend and/or revoke the adult use marijuana cultivator’s license and the registration of any
27	owner, officer, director, manager, member, partner, employee, or agent of such adult use
28	marijuana cultivator and/or impose an administrative penalty in accordance with such regulations
29	promulgated by the department for any violation of this section or the regulations. In addition,
30	any violation of this section or the regulations promulgated pursuant to this subsection and
31	subsection (d) shall cause a licensed adult use marijuana cultivator to lose the protections
32	described in § 21-28.11-4(3) and may subject the licensed adult use marijuana cultivator and its
33	owners, officers, directors, managers, members, partners, employees, or agents to arrest and
34	prosecution under chapter 28 of title 21 (the Rhode Island Controlled Substances Act).
	LC003746 - Page 332 of 621
1	(f) Adult use marijuana cultivators shall be subject to any regulations promulgated by the
2	department of health or department of business regulation for marijuana testing, including, but
3	not limited to, potency, cannabinoid profile, and contaminants;
4	(g) Adult use marijuana cultivators shall be subject to any product labeling requirements
5	promulgated by the department of business regulation and the department of health;
6	(h) Adult use marijuana cultivators shall only be licensed to cultivate and process
7	marijuana at a single location, registered with the department of business regulation and the
8	department of public safety provided that an adult use marijuana cultivator licensee who also
9	holds a compassion center license or a medical marijuana cultivator license under chapter 28.6 of
10	title 21 may cultivate and process adult use marijuana at a location that is separate from its
11	medical marijuana licensed premises . Adult use marijuana cultivators must abide by all local
12	ordinances, including zoning ordinances.
13	(i) Inspection. Adult use marijuana cultivators shall be subject to reasonable inspection
14	by the department of business regulation and the department of health for the purposes of
15	enforcing regulations promulgated pursuant to this chapter and all applicable Rhode Island
16	general laws.
17	(j) An adult use marijuana cultivator applicant, unless they are an employee with no
18	equity, ownership, financial interest, or managing control, shall apply to the bureau of criminal
19	identification of the department of attorney general, department of public safety division of state
20	police, or local police department for a national criminal records check that shall include
21	fingerprints submitted to the Federal Bureau of Investigation. Upon the discovery of any
22	disqualifying information as defined in subdivision (j)(2), and in accordance with the rules
23	promulgated by the director of the department of business regulation, the bureau of criminal
24	identification of the department of attorney general, department of public safety division of state
25	police, or the local police department shall inform the applicant, in writing, of the nature of the
26	disqualifying information; and, without disclosing the nature of the disqualifying information,
27	shall notify the department of business regulation, in writing, that disqualifying information has
28	been discovered.
29	(1) Where no disqualifying information has been found, the bureau of criminal
30	identification of the department of attorney general, department of public safety division of state
31	police, or the local police department shall inform the applicant and the department of business
32	regulation, in writing, of this fact.
33	(2) Information produced by a national criminal records check pertaining to a conviction
34	for a felony drug offense or a plea of nolo contendere for a felony drug offense and received a
	LC003746 - Page 333 of 621
1	sentence of probation shall result in a letter to the applicant and the department of business
2	regulation disqualifying the applicant.
3	(3) An adult use marijuana cultivator applicant shall be responsible for any expense
4	associated with the national criminal records check.
5	(k) Persons issued adult use marijuana cultivator licenses or registration cards shall be
6	subject to the following:
7	(1) A licensed adult use marijuana cultivator cardholder shall notify and request approval
8	from the department of business regulation of any change in his or her name or address within ten
9	(10) days of such change. An adult use marijuana cultivator cardholder who fails to notify the
10	department of business regulation of any of these changes is responsible for a civil infraction,
11	punishable by a fine of no more than one hundred fifty dollars ($150).
12	(2) When a licensed adult use marijuana cultivator cardholder notifies the department of
13	business regulation of any changes listed in this subsection, the department of business regulation
14	shall issue the adult use marijuana cultivator cardholder a new license or registry identification
15	card after the department approves the changes and receives from the licensee payment of a fee
16	specified in regulation.
17	(3) If a licensed adult use marijuana cultivator cardholder loses his or her registry
18	identification card, he or she shall notify the department of business regulation and submit a fee
19	specified in regulation within ten (10) days of losing the registry identification cared. The
20	department of business regulation shall issue a new registry identification card with a new
21	random identification number.
22	(4) A licensed adult use marijuana cultivator cardholder shall notify the department of
23	business regulation of any disqualifying criminal convictions as defined in subdivision (j)(2). The
24	department of business regulation may choose to suspend and/or revoke his or her card after such
25	notification.
26	(5) If a licensed adult use marijuana cultivator or an adult use marijuana cultivator
27	cardholder violates any provision of this chapter or regulations promulgated hereunder as
28	determined by the department of business regulation, his or her card or the issued license may be
29	suspended and/or revoked.
30	(l) License required. No person or entity shall engage in activities described in this § 21-
31	28.12-5 without an adult use marijuana cultivator license issued by the department of business
32	regulation.
	LC003746 - Page 334 of 621
1	21-28.12-6 Licensed adult use marijuana processors.
2	(a) An adult use marijuana processor licensed under this section may acquire marijuana
3	from licensed adult use marijuana cultivators, another licensed adult use marijuana processor, the
4	state, adult use state stores, adult use marijuana contractors, or another marijuana establishment
5	licensee, in accordance with regulations promulgated by the department of business regulation. A
6	licensed adult use marijuana processor may possess, manufacture, or process marijuana into
7	marijuana products in accordance with regulations promulgated by the department of business
8	regulation. A licensed adult use marijuana processor may deliver, or transfer marijuana products
9	to the state, adult use state stores, adult use marijuana contractors or another licensed adult use
10	marijuana processor, or any other marijuana establishment licensee, in accordance with
11	regulations promulgated by the department of business regulation. A licensed adult use marijuana
12	processor shall not be a primary caregiver cardholder and shall not hold a cooperative cultivation
13	license. A licensed adult use marijuana processor shall not grow, cultivate, sell, or dispense
14	medical marijuana unless the licensed adult use marijuana processor has also been issued an adult
15	use marijuana cultivator license by the department of business regulation and pursuant to
16	regulations promulgated by the department of business regulation. The department of business
17	regulation may restrict the number, types, and classes of adult use marijuana licenses an applicant
18	may be issued through regulations promulgated by the department.
19	(b) Licensing of adult use marijuana processor – Department of business regulation
20	authority. The department of business regulation may promulgate regulations governing the
21	manner in which it shall consider applications for the licensing of adult use marijuana processors,
22	including but not limited to regulations governing:
23	(1) The form and content of licensing and renewal applications;
24	(2) Minimum oversight requirements for licensed adult use marijuana processors;
25	(3) Minimum record-keeping requirements for adult use marijuana processors;
26	(4) Minimum insurance requirements for adult use marijuana processors;
27	(5) Minimum security requirements for adult use marijuana processors; and
28	(6) Procedures for suspending, revoking, or terminating the license of adult use marijuana
29	processors that violate any provisions of this chapter or the regulations promulgated hereunder.
30	(7) Applicable application and license fees.
31	(c) A adult use marijuana processor license issued by the department of business
32	regulation shall expire three (3) years after it was issued and the licensed adult use marijuana
	LC003746 - Page 335 of 621
1	processor may apply for renewal with the department in accordance with its regulations
2	pertaining to licensed adult use marijuana processors.
3	(d) The department of business regulation may promulgate regulations that govern how
4	much marijuana a licensed adult use marijuana processor may possess. All marijuana possessed
5	by a licensed adult use marijuana processor must be catalogued in a seed to sale inventory
6	tracking system in accordance with regulations promulgated by the department of business
7	regulation.
8	(e) Adult use marijuana processors shall only sell processed or manufactured marijuana
9	products to the state, adult use state stores, adult use marijuana contractors, another licensed adult
10	use marijuana processor or a marijuana establishment licensee, in accordance with regulations
11	promulgated by the department of business regulation. The department may suspend and/or
12	revoke the adult use marijuana processor's license and the license of any owner, officer, director,
13	manager, member, partner, employee, or agent of such adult use marijuana processor and/or
14	impose an administrative penalty in accordance with such regulations promulgated by the
15	department for any violation of this section or the regulations. In addition, any violation of this
16	section or the regulations promulgated pursuant to this subsection and subsection (d) shall cause a
17	licensed adult use marijuana processor to lose the protections described in § 21-28.11-4(4) and
18	may subject the licensed adult use marijuana processor and its owners, officers, directors,
19	managers, members, partners, employees, or agents to arrest and prosecution under Chapter 28 of
20	title 21 (the Rhode Island Controlled Substances Act).
21	(f) Adult use marijuana processors shall be subject to any regulations promulgated by the
22	department of health or department of business regulation that specify how marijuana must be
23	tested for items, including, but not limited to, potency, cannabinoid profile, and contaminants;
24	(g) Adult use marijuana processors shall be subject to any product labeling requirements
25	promulgated by the department of business regulation and the department of health;
26	(h) Adult use marijuana processors shall only be licensed to manufacture and process
27	marijuana at a single location, registered with the department of business regulation and the
28	department of public safety provided that an adult use marijuana processor licensee who also
29	holds a compassion center license or a medical marijuana cultivator license under chapter 28.6 of
30	title 21 may manufacture and process adult use marijuana at a location that is separate from its
31	medical marijuana licensed premises. The department of business regulation may promulgate
32	regulations governing where adult use marijuana processors are allowed to operate. Adult use
33	marijuana processors must abide by all local ordinances, including zoning ordinances.
	LC003746 - Page 336 of 621
1	(i) Inspection. Adult use marijuana processors shall be subject to reasonable inspection
2	by the department of business regulation or the department of health for the purposes of enforcing
3	regulations promulgated pursuant to this chapter and all applicable Rhode Island general laws.
4	(j) The adult use marijuana processor applicant, unless they are an employee with no
5	equity, ownership, financial interest, or managing control, shall apply to the bureau of criminal
6	identification of the department of attorney general, department of public safety division of state
7	police, or local police department for a national criminal records check that shall include
8	fingerprints submitted to the Federal Bureau of Investigation. Upon the discovery of any
9	disqualifying information as defined in subdivision (j)(2), and in accordance with the rules
10	promulgated by the director of the department of business regulation, the bureau of criminal
11	identification of the department of attorney general, department of public safety division of state
12	police, or the local police department shall inform the applicant, in writing, of the nature of the
13	disqualifying information; and, without disclosing the nature of the disqualifying information,
14	shall notify the department of business regulation, in writing, that disqualifying information has
15	been discovered.
16	(1) Where no disqualifying information has been found, the bureau of criminal
17	identification of the department of attorney general, department of public safety division of state
18	police, or the local police department shall inform the applicant and the department of business
19	regulation, in writing, of this fact.
20	(2) Information produced by a national criminal records check pertaining to a conviction
21	for a felony drug offense or a plea of nolo contendere for a felony drug offense and received a
22	sentence of probation shall result in a letter to the applicant and the department of business
23	regulation disqualifying the applicant.
24	(3) The adult use marijuana processor applicant shall be responsible for any expense
25	associated with the national criminal records check.
26	(k) Persons issued adult use marijuana processor licenses or registration card shall be
27	subject to the following:
28	(1) A licensed adult use marijuana processor cardholder shall notify and request approval
29	from the department of business regulation of any change in his or her name or address within ten
30	(10) days of such change. An adult use marijuana processor cardholder who fails to notify the
31	department of business regulation of any of these changes is responsible for a civil infraction,
32	punishable by a fine of no more than one hundred fifty dollars ($150).
	LC003746 - Page 337 of 621
1	(2) When a licensed adult use marijuana processor cardholder notifies the department of
2	business regulation of any changes listed in this subsection, the department of business regulation
3	shall issue the adult use marijuana processor cardholder a new license or registry identification
4	card after the department approves the changes and receives from the licensee payment of a fee
5	specified in regulation.
6	(3) If a licensed adult use marijuana processor cardholder loses his or her registry
7	identification card, he or she shall notify the department of business regulation and submit a fee
8	specified in regulation within ten (10) days of losing the registry identification cared. The
9	department of business regulation shall issue a new registry identification card with a new
10	random identification number.
11	(4) A licensed adult use marijuana processor cardholder shall notify the department of
12	business regulation of any disqualifying criminal convictions as defined in subdivision (j)(2). The
13	department of business regulation may choose to suspend and/or revoke his or her card after such
14	notification.
15	(5) If a licensed adult use marijuana processor or adult use marijuana processor
16	cardholder violates any provision of this chapter or regulations promulgated hereunder as
17	determined by the department of business regulation, his or her card or the issued license may be
18	suspended and/or revoked.
19	(l) License required. No person or entity shall engage in activities described in this § 21-
20	28.12-6 without a adult use marijuana processor license issued by the department of business
21	regulation.
22	21-28.12-7 Licensed adult use marijuana contractors.
23	(a) An adult use marijuana contractor that is party to an adult use marijuana contract with
24	the state in accordance with § 21-28.12-8 and licensed under this section may acquire marijuana
25	and marijuana products from licensed adult use marijuana cultivators, licensed adult use
26	marijuana processors, the state, or another adult use marijuana contractor, and possess, deliver,
27	transfer, transport, supply and sell at retail marijuana, marijuana products and marijuana
28	paraphernalia to persons who are twenty-one (21) years of age or older in accordance with the
29	provisions of chapters 28.11 and 28.12 of title 21, the regulations promulgated by the department
30	of business regulation and the terms and conditions of its adult use marijuana contract with the
31	state. A licensed adult use marijuana contractor shall not be a primary caregiver cardholder and
32	shall not hold a cooperative cultivation license. A licensed adult use marijuana contractor shall
33	not hold an adult use marijuana cultivator or processor license and shall not grow or cultivate
	LC003746 - Page 338 of 621
1	marijuana or manufacturer or process marijuana into marijuana products. The department of
2	business regulation may restrict the number, types, and classes of adult use marijuana licenses an
3	applicant may be issued through regulations promulgated by the department.
4	(b) Licensing of adult use marijuana contractor – Department of business regulation
5	authority. The department of business regulation may promulgate regulations governing the
6	manner in which it shall consider applications for the licensing of adult use marijuana contractors
7	and all of its owners, officers, directors, managers, members, partners, employees, agents and
8	subcontractors, including but not limited to regulations governing:
9	(1) The form and content of licensing and renewal applications, including, without
10	limitation, required submission materials upon which the department shall determine suitability of
11	an applicant;
12	(2) Minimum oversight requirements for licensed adult use marijuana contractors;
13	(3) Minimum record-keeping requirements for adult use marijuana contractors;
14	(4) Minimum insurance requirements for adult use marijuana contractors;
15	(5) Minimum security requirements for adult use marijuana contractors; and
16	(6) Procedures for suspending, revoking, or terminating the license of adult use marijuana
17	contractors that violate any provisions of this chapter or the regulations promulgated hereunder.
18	(7) Applicable application and license fees.
19	(c) The license issued by the department of business regulation to an adult use marijuana
20	contractor and the license issued to each of its owners, officers, directors, managers, members,
21	partners, employees and agents shall expire three (3) years after it was issued and the licensee
22	may apply for renewal with the department in accordance with its regulations pertaining to
23	licensed adult use marijuana contractors.
24	(d) The department of business regulation may promulgate regulations that govern how
25	much marijuana a licensed adult use marijuana contractor may possess. All marijuana acquired,
26	possessed and sold by a licensed adult use marijuana contractor must be catalogued in a seed to
27	sale inventory tracking system in accordance with regulations promulgated by the department of
28	business regulation.
29	(e) Adult use marijuana contractors shall only sell marijuana, marijuana products and
30	marijuana paraphernalia at retail to persons twenty-one (21) years of age or older in accordance
31	with chapters 28.11 and 28.12 of title 21, the regulations promulgated by the department of
32	business regulation thereunder and the terms of its adult use marijuana contract with the state.
33	Adult use marijuana contractors shall not sell any other products except as otherwise permitted in
34	regulations promulgated by the department of business regulation. The department may suspend
	LC003746 - Page 339 of 621
1	and/or revoke the adult use marijuana contractor's license and the license of any owner, officer,
2	director, manager, member, partner, employee, agent or subcontractor of such adult use marijuana
3	contractor and/or impose an administrative penalty in accordance with such regulations
4	promulgated by the department for any violation of chapters 28.11 or 28.12 of title 21, the
5	regulations or its adult use marijuana contract. In addition, any violation of chapters 28.11 or
6	28.12 of title 21 or the regulations promulgated pursuant to this subsection and subsection (d)
7	shall cause a licensed adult use marijuana contractor to lose the protections described in § 21-
8	28.11-4(2) and may subject the licensed adult use marijuana contractor and its owners, officers,
9	directors, managers, members, partners, employees, agents and subcontractors to arrest and
10	prosecution under Chapter 28 of title 21 (the Rhode Island Controlled Substances Act).
11	(f) Adult use marijuana contractors shall be subject to any regulations promulgated by the
12	department of health or department of business regulation that specify how marijuana must be
13	tested for items, including, but not limited to, potency, cannabinoid profile, and contaminants;
14	(g) Adult use marijuana contractors shall be subject to any product labeling requirements
15	promulgated by the department of business regulation and the department of health;
16	(h) Adult use marijuana contractors shall only be licensed to possess and sell marijuana,
17	marijuana products and marijuana paraphernalia at the location(s) set forth in its adult use
18	marijuana contract and license and registered with the department of business regulation and the
19	department of public safety. The department of business regulation may promulgate regulations
20	governing the department’s approval of locations where adult use marijuana contractors are
21	allowed to operate. Adult use marijuana contractors must abide by all local ordinances, including
22	zoning ordinances.
23	(i) Inspection. Adult use marijuana contractors shall be subject to inspection and audit by
24	the department of business regulation or the department of health for the purposes of enforcing
25	regulations promulgated pursuant to this chapter and all applicable Rhode Island general laws.
26	(j) The adult use marijuana contractor applicant, and each owner, officer, director,
27	manager, member, partner, employee and agent thereof, shall apply to the bureau of criminal
28	identification of the department of attorney general, department of public safety division of state
29	police, or local police department for a national criminal records check that shall include
30	fingerprints submitted to the Federal Bureau of Investigation. Upon the discovery of any
31	disqualifying information as defined in subdivision (j)(2), and in accordance with the rules
32	promulgated by the director of the department of business regulation, the bureau of criminal
33	identification of the department of attorney general, department of public safety division of state
34	police, or the local police department shall inform the applicant, in writing, of the nature of the
	LC003746 - Page 340 of 621
1	disqualifying information; and, without disclosing the nature of the disqualifying information,
2	shall notify the department of business regulation, in writing, that disqualifying information has
3	been discovered.
4	(1) In those situations in which no disqualifying information has been found, the bureau
5	of criminal identification of the department of attorney general, department of public safety
6	division of state police, or the local police department shall inform the applicant and the
7	department of business regulation, in writing, of this fact.
8	(2) Information produced by a national criminal records check pertaining to a conviction
9	for a felony drug offense or a plea of nolo contendere for a felony drug offense and received a
10	sentence of probation shall result in a letter to the applicant and the department of business
11	regulation disqualifying the applicant.
12	(3) The adult use marijuana contractor applicant shall be responsible for any expense
13	associated with the national criminal records check.
14	(k) Persons issued adult use marijuana contractor licenses or registration cards shall be
15	subject to the following:
16	(1) A licensed adult use marijuana contractor cardholder shall notify and request approval
17	from the department of business regulation of any change in his or her name or address within ten
18	(10) days of such change. A adult use marijuana contractor cardholder who fails to notify the
19	department of business regulation of any of these changes is responsible for a civil infraction,
20	punishable by a fine of no more than one hundred fifty dollars ($150).
21	(2) When a licensed adult use marijuana contractor cardholder notifies the department of
22	business regulation of any changes listed in this subsection, the department of business regulation
23	shall issue the adult use marijuana contractor cardholder a new license or registry identification
24	card after the department approves the changes and receives from the licensee payment of a fee
25	specified in regulation.
26	(3) If a licensed adult use marijuana contractor cardholder loses his or her registry
27	identification card, he or she shall notify the department of business regulation and submit a fee
28	specified in regulation within ten (10) days of losing the registry identification card. The
29	department of business regulation shall issue a new registry identification card with a new
30	random identification number.
31	(4) A licensed adult use marijuana contractor cardholder shall notify the department of
32	business regulation of any disqualifying criminal convictions as defined in subdivision (j)(2). The
	LC003746 - Page 341 of 621
1	department of business regulation may choose to suspend and/or revoke his or her card after such
2	notification.
3	(5) If a licensed adult use marijuana contractor or adult use marijuana contractor
4	cardholder violates any provision of this chapter or regulations promulgated hereunder as
5	determined by the department of business regulation, his or her card or the issued license may be
6	suspended and/or revoked.
7	(l) License required. No person or entity shall engage in activities described in this § 21-
8	28.12-7 without an adult use marijuana contractor license issued by the department of business
9	regulation and an adult use marijuana contract in accordance with chapters 28.11 and 28.12 of
10	title 21, regulations promulgated thereunder by the department of business regulation and the
11	terms of the adult use marijuana contract.
12	21-28.12-8 Operation, conduct, and control of adult use state stores.
13	(a) Notwithstanding the provisions of any other law, the department is authorized to
14	conduct and control the retail sale of adult use marijuana.
15	(b) The general assembly finds that:
16	(1) In furtherance thereof, the state, through the department of business regulation, shall
17	have full operational control to operate adult use state stores, the authority to make all decisions
18	about all aspects of the functioning of the business enterprise, including, without limitation, the
19	power and authority to:
20	(i) Determine the number, type, and placement of adult use state stores, subject to local
21	approval in accordance with § 21-28.12-17;
22	(ii) Monitor all adult use marijuana operations and have the power to terminate or
23	suspend any adult use marijuana activities in the event of a public health, safety or welfare
24	concern, an integrity concern or other threat to the public trust or in order to comply with federal
25	guidance and mitigate federal enforcement;
26	(iii) Hold and exercise sufficient powers over accounting and finances to allow for
27	adequate oversight and verification of the financial aspects of adult use marijuana;
28	(iv) Collect all receipts from adult use marijuana sales, require that the adult use
29	marijuana contractors collect adult use marijuana gross receipts in trust for the state through the
30	department of business regulation, deposit such receipts into an account or accounts of its choice,
31	allocate such receipts according to law, and otherwise maintain custody and control over all adult
32	use marijuana receipts and funds;
	LC003746 - Page 342 of 621
1	(v) Issue such regulations as it deems appropriate pertaining to control, operation and
2	management of adult use state stores and adult use marijuana sales, receipts and funds; and
3	(vi) Hold all other powers necessary and proper to fully effectively execute and
4	administer the provisions of this chapter for its purpose of allowing the state to operate adult use
5	state stores through licensed adult use marijuana contractors on behalf of the State of Rhode
6	Island.
7	(c) Powers and duties of the director.
8	(1) In addition to the powers and duties set forth in subsection (b) above, the director
9	shall have the power to:
10	(i) Establish standards prohibiting persons under twenty-one (21) years of age from
11	purchasing marijuana, marijuana products and marijuana paraphernalia;
12	(ii) In accordance with the administrative procedures act chapter 35 of title 42, deny any
13	application and suspend or revoke any license issued pursuant to this chapter or the rules and
14	regulations promulgated under this chapter;
15	(iii) In compliance with the provisions of chapter 2 of title 37, enter into contracts for the
16	provision of supplies, services, equipment, systems, facilities, and technology necessary and/or
17	desirable for the operation of adult use state stores;
18	(iv) Establish insurance and bonding requirements for adult use marijuana contractors;
19	(v) Supervise and administer the operation of adult use state stores in accordance with
20	this chapter, the rules and regulations of the department, and any adult use marijuana contracts
21	between the department and adult use marijuana contractors. The department may establish
22	standards, either in rules and regulations or through contract, relating to the following areas
23	without limitation: recordkeeping; financial procedures and practices; security; inventory
24	tracking; advertising; purchase of inventory, equipment, services and systems for operations;
25	permitted products and product restrictions; limits on product serving sizes, doses, and potency;
26	limits on transactions and sales; testing and safety; online sales; transport and delivery; product
27	packaging and labeling; quarantine and destruction of marijuana products; workplace safety and
28	sanitation; and employee training;
29	(vi) Determine the products to be sold and control the manner of sales, including but not
30	limited to determining the retail price of all marijuana and marijuana products sold at adult use
31	state stores; and
	LC003746 - Page 343 of 621
1	(vii) Require adult use marijuana contractors to allow inspection of all facilities and
2	records by the department whenever deemed necessary by the department.
3	(d) Licensing of adult use marijuana contractors.
4	(1) All adult use marijuana contractors shall be subject to licensure by the department, on
5	such forms and in such a manner as prescribed in § 21-28.12-8 and regulations promulgated by
6	the department. The department, by regulations, shall establish occupational licensing
7	requirements for all officers, directors, managers, members, partners, employees and agents of the
8	adult use marijuana contractors, and for all other persons engaged in activities at or in connection
9	with the operation of the adult use state stores.
10	(2) Any license granted under the provisions of this chapter shall be subject to the rules
11	and regulations promulgated by the department and shall be subject to suspension or revocation
12	for any cause in accordance with § 21-28.12-15.
13	(3) As part of its investigation as to whether to issue a license to an adult use contractor,
14	the department shall require criminal background checks of individuals as it deems appropriate
15	and said individuals shall apply to the bureau of criminal investigation of the Rhode Island state
16	police or the Rhode Island department of the attorney general for a national criminal records
17	check with fingerprinting in accordance with § 21-28.12-8. Applications shall be subject to the
18	disqualification criteria set forth in § 21-28.12-8(j). The department may adopt rules and
19	regulations establishing additional suitability criteria to be used in determining whether based
20	upon a criminal records check or other due diligence an application will be approved.
21	(4) The state, through the department, shall have approval rights over matters relating to
22	the employment or other engagement of persons to be involved, directly or indirectly, with the
23	operation of or performance of activities in connection with adult use state stores.
24	(5) The department may establish the minimal proficiency requirements for those
25	individuals employed or otherwise engaged by an adult use marijuana contractor. The foregoing
26	requirements of this subsection may be in addition to any rules or regulations of the department
27	requiring licensing of personnel of adult use state stores.
28	21-28.12-9. Other supporting adult use marijuana licenses.
29	(a) The department of business regulation shall have the authority to promulgate
30	regulations to create and implement additional types and classes of commercial adult use
31	marijuana licenses, including but not limited to, licenses for businesses to engage in marijuana
32	destruction, delivery, disposal, research and development, transportation, social use or any other
33	commercial activity needed to support licensed adult use marijuana cultivators, licensed adult use
	LC003746 - Page 344 of 621
1	marijuana processors, adult use state stores, and licensed cannabis testing facilities; provided no
2	license created by the department shall allow for the retail sale of adult use marijuana.
3	(b) The department of business regulation may promulgate regulations governing the
4	manner in which it shall consider applications for issuing additional adult use marijuana licenses,
5	including but not limited to, regulations governing:
6	(1) The form and content of licensing and renewal applications;
7	(2) Minimum oversight requirements for additional adult use marijuana license holders;
8	(3) The allowable size, scope and permitted activities of adult use marijuana license holders and
9	facilities;
10	(4) Minimum record-keeping requirements for additional adult use marijuana license
11	holders;
12	(5) Minimum security requirements for additional adult use marijuana license holders;
13	(6) Procedures for suspending, revoking, or terminating the licenses of licensees that
14	violate the provisions of this chapter or the regulations promulgated pursuant to this chapter; and
15	(7) Applicable application and license fees.
16	(c) Any applicant, employee, owner, officer, director, manager, member or agent of a
17	holder of a license issued by the department of business regulation pursuant to this section and the
18	regulations shall be required to obtain a registry identification card from the division subject to
19	the requirements and fees set by the department pursuant to the regulations provided that
20	employees with no ownership, equity stake, financial interest, or managing control shall not be
21	required to submit to a criminal background check to obtain a registry identification card.
22	(d) With respect to any licenses and registrations issued by the department of business
23	regulation pursuant to this chapter, the department of business regulation shall be entitled to
24	charge application, license and registration fees as set by the department of business regulation
25	and set forth in regulations promulgated here under.
26	21-28.12-10. Licenses regarding cannabis reference testing.
27	(a) The department of health, in coordination with the office of cannabis regulation, shall
28	have authority to promulgate regulations to create and implement all licenses involving cannabis
29	reference testing requirements including approval, laboratory proficiency programs and
30	proficiency sample providers, quality assurance sample providers, round robin testing and
31	regulations establishing quality control and test standardization, and create and implement
32	additional types and classes of licensed cannabis testing facilities in accordance with regulations
33	promulgated hereunder.
	LC003746 - Page 345 of 621
1	(b) The department of health shall promulgate regulations governing the manner in
2	which it shall consider applications for the licensing and renewal of each type of cannabis
3	reference testing license, including but not limited to regulations governing:
4	(1) The form and content of licensing and renewal applications;
5	(2) Application and licensing fees for licensees;
6	(3) Procedures for the approval or denial of a license, and procedures for suspension or
7	revocation of the license of any licensee that violates the provisions of this chapter, chapter 28.11
8	or the regulations promulgated thereunder in accordance with the provisions of chapter 35 of title
9	42; and
10	(4) Compliance with municipal zoning restrictions, if any, which comply with 21-28.12-
11	16 of this chapter.
12	(c) The department of health or the office of cannabis regulation, as applicable, shall
13	issue each owner, officer, director, manager, member, partner, agent, and employee of a cannabis
14	reference testing licensee a registry identification card or renewal card after receipt of the person's
15	name, address, date of birth; a fee in an amount established by the department of health or the
16	office of cannabis regulation; and, when the applicant holds an ownership, equity, controlling, or
17	managing stake in the cannabis reference testing license as defined in regulations promulgated by
18	the office of cannabis regulation, notification to the department of health or the office of cannabis
19	regulation by the department of public safety division of state police, attorney general’s office, or
20	local law enforcement that the registry identification card applicant has not been convicted of a
21	felony drug offense or has not entered a plea of nolo contendere for a felony drug offense and
22	received a sentence of probation. Each card shall specify that the cardholder is an owner, officer,
23	director, manager, member, partner, agent, employee, or other designation required by the
24	departments of the cannabis reference testing licensee and shall contain the following:
25	(i) The name, address, and date of birth of the card applicant;
26	(ii) The legal name of the cannabis reference testing licensee to which the applicant is
27	affiliated;
28	(iii) A random identification number that is unique to the cardholder;
29	(iv) The date of issuance and expiration date of the registry identification card; and
30	(v) A photograph, if the department of health or the office of cannabis regulation decides
31	to require one; and
	LC003746 - Page 346 of 621
1	(vi) Any other information or card classification that the office of cannabis regulation or
2	department of health requires.
3	(f) Except as provided in subsection (e), neither the department of health nor the office of
4	cannabis regulation shall issue a registry identification card to any card applicant who holds an
5	ownership, equity, controlling, or managing stake in the cannabis reference testing licensee as
6	defined in regulations promulgated by the office of cannabis regulation, who has been convicted
7	of a felony drug offense or has entered a plea of nolo contendere for a felony drug offense and
8	received a sentence of probation or who the department has otherwise deemed unsuitable. If a
9	registry identification card is denied, the applicant will be notified in writing of the purpose for
10	denying the registry identification card. A registry identification card may be granted if the
11	offense was for conduct that occurred prior to the enactment of this chapter or that was
12	prosecuted by an authority other than the state of Rhode Island and for which the enactment of
13	this chapter would otherwise have prevented a conviction.
14	(g) (i) All registry identification card applicants who hold an ownership, equity,
15	controlling, or managing stake in the cannabis reference testing licensee as defined in regulations
16	promulgated by the office of cannabis regulation shall apply to the department of public safety
17	division of state police, the attorney general’s office, or local law enforcement for a national
18	criminal identification records check that shall include fingerprints submitted to the federal
19	bureau of investigation. Upon the discovery of a felony drug offense conviction or a plea of nolo
20	contendere for a felony drug offense with a sentence of probation, and in accordance with the
21	rules promulgated by the department of health and the office of cannabis regulation, the
22	department of public safety division of state police, the attorney general’s office, or local law
23	enforcement shall inform the applicant, in writing, of the nature of the felony and the department
24	of public safety division of state police shall notify the department of health or the office of
25	cannabis regulation, in writing, without disclosing the nature of the felony, that a felony drug
26	offense conviction or a plea of nolo contendere for a felony drug offense with probation has been
27	found.
28	(ii) In those situations in which no felony drug offense conviction or plea of nolo
29	contendere for a felony drug offense with probation has been found, the department of public
30	safety division of state police, the attorney general’s office, or local law enforcement shall inform
31	the applicant and the department of health or the office of cannabis regulation, in writing, of this
32	fact.
	LC003746 - Page 347 of 621
1	(iii) All registry identification card applicants shall be responsible for any expense
2	associated with the criminal background check with fingerprints.
3	(h) A registry identification card of an owner, officer, director, manager, member,
4	partner, agent, or employee, or any other designation required by the office of cannabis regulation
5	shall expire one year after its issuance, or upon the termination of the officer, director, manager,
6	member, partner, agent, or employee's relationship with the cannabis reference testing licensee, or
7	upon the termination or revocation of the affiliated cannabis reference testing license, whichever
8	occurs first.
9	(i) A registration identification card holder shall notify and request approval from the
10	office of cannabis regulation or department of health of any change in his or her name or address
11	within ten (10) days of such change. A cardholder who fails to notify the office of cannabis
12	regulation or health of any of these changes is responsible for a civil infraction, punishable by a
13	fine of no more than one hundred fifty dollars ($150).
14	(j) When a cardholder notifies the department of health or the office of cannabis
15	regulation of any changes listed in this subsection, the department shall issue the cardholder a
16	new registry identification after receiving the updated information and a ten dollar ($10.00) fee.
17	(k) If a cardholder loses his or her registry identification card, he or she shall notify the
18	department of health or the office of cannabis regulation and submit a ten dollar ($10.00) fee
19	within ten (10) days of losing the card and the department shall issue a new card.
20	(l) Registry identification cardholders shall notify the office of cannabis regulation or
21	department of health of any disqualifying criminal convictions as defined in subdivision (c)(7).
22	The applicable department may choose to suspend and/or revoke his or her registry identification
23	card after such notification.
24	(m) If a registry identification cardholder violates any provision of this chapter or
25	regulations promulgated hereunder as determined by the departments of health and office of
26	cannabis regulation, his or her registry identification card may be suspended and/or revoked.
27	(n) The department of business regulation may not issue an adult use marijuana cultivator
28	license, adult use marijuana processor license, adult use marijuana contractor license, or other
29	marijuana establishment license to any entity that owns, operates or exercises management, or other
30	control over a cannabis testing laboratory or cannabis reference testing licensee.
31	(o) The department of health and office of cannabis regulation may not issue a cannabis
32	testing laboratory license or cannabis reference testing license to any applicant that owns, operates or
	LC003746 - Page 348 of 621
1	exercises management, or other control over another marijuana establishment license or license issued
2	under chapter 26 of title 2.
3	(p) The department of health shall determine the annual license fee for cannabis testing
4	laboratories, cannabis reference testing licensees and employee registration cards for such licensees.
5	The license fee must be paid upon the initial issuance of the license and every twelve (12) months
6	thereafter. If the license fee is not remitted to the state in a timely manner, the license shall be
7	revoked.
8	21-28.12-11. Medical marijuana licensee’s application for adult use license.
9	(a) Licensed medical marijuana cultivators and compassion centers in good standing
10	with the office of cannabis regulation may also apply for and be issued adult use marijuana
11	cultivator and processor licenses, in accordance with regulations promulgated by the office of
12	cannabis regulation. In the case of a compassion center licensee that so applies, an adult use
13	marijuana cultivator or processor license may be issued and held by a for profit corporation that is
14	an affiliate of the nonprofit compassion center through common ownership in accordance with
15	regulations promulgated by the office of cannabis regulation. No medical marijuana cultivator
16	licensee, compassion center licensee or adult use marijuana cultivator or processor licensee shall
17	hold an adult use marijuana contractor license.
18	(b) A medical marijuana establishment licensee that applies for an adult use marijuana
19	cultivator or processor license will be required to demonstrate to the satisfaction of the office of
20	cannabis regulation in accordance with regulations promulgated hereunder that the applicant’s
21	proposed adult use licensure will have no adverse effect on the medical marijuana program
22	market and patient need. The office of cannabis regulation may deny an application that fails to
23	make this demonstration and/or may impose restrictions and conditions to licensure as it deems
24	appropriate to ensure no adverse effect on the medical marijuana program market and patient
25	needs.
26	(c) Licensees may only hold a medical marijuana establishment license and an adult use
27	marijuana establishment license in accordance with this chapter and regulations promulgated by
28	the office of cannabis regulation.
29	(d) The office of cannabis regulation may prioritize the review of applications for adult
30	use marijuana establishment licenses submitted by medical marijuana establishments that hold a
31	license, in good standing, issued by the department.
	LC003746 - Page 349 of 621
1	(e) The office of cannabis regulation may create a streamlined application for medical
2	marijuana establishment licensees who apply for adult use marijuana establishment licenses
3	provided an applicant holds a license, in good standing, that was issued by the department.
4	21-28.12-12. Ineligibility for licensure.
5	A marijuana establishment licensee including an adult use marijuana contractor may not
6	operate, and a prospective marijuana establishment licensee including an adult use marijuana
7	contractor may not apply for a license, if any of the following are true:
8	(1) The person or entity is applying for a license to operate as an adult use state store in a
9	location that is within five hundred (500) feet of the property line of a preexisting public or
10	private school, or the person or entity is applying for a license to operate as a marijuana
11	establishment other than an adult use state store and the establishment would operate in a location that
12	is within one thousand (1,000) feet of the property line of a preexisting public or private school;
13	or
14	(2) The establishment would be located at a site where the use is not permitted by applicable
15	zoning classification or by special use permit or other zoning approval, or if the proposed location
16	would otherwise violate a municipality's zoning ordinance; or
17	(3) The establishment would be located in a municipality in which the kind of marijuana
18	establishment being proposed is not permitted pursuant to a referendum approved in accordance with
19	§ 21-28.12-16(c). For purpose of illustration but not limitation, an adult use state store may not operate
20	in a municipality in which residents have approved by a simple majority referendum a ban on
21	marijuana retailers.
22	(4) If any marijuana establishment licensee including an adult use marijuana contractor
23	applicant is deemed unsuitable or denied a license or any of its owners, officers, directors, managers,
24	members, partners or agents is denied a registry identification card by the office of cannabis regulation.
25	21-28.12-13. License Required.
26	No person or entity shall engage in any activities in which an adult use state store, adult
27	use marijuana contractor or other licensed marijuana establishment licensee may engage pursuant
28	to chapters 28.11 or 28.12 of title 21 and the regulations promulgated thereunder, without the
29	license that is required in order to engage in such activities issued by the office of cannabis
30	regulation and compliance with all provisions of such chapters 28.11 and 28.12 of title 21 and the
31	regulations promulgated thereunder.
32	21-28.12-14. Enforcement
	LC003746 - Page 350 of 621
1	(a) (1) Notwithstanding any other provision of this chapter, if the director of the
2	department of business regulation or his or her designee has cause to believe that a violation of
3	any provision of chapters 28.11 or 28.12 of title 21 or any regulations promulgated thereunder has
4	occurred by a licensee that is under the department’s jurisdiction pursuant to chapters 28.11 or
5	28.12 of title 21 or that an adult use marijuana contractor is not in compliance with any of the
6	terms or conditions of its adult use marijuana contract, or that any person or entity is conducting
7	any activities requiring licensure or registration by the office of cannabis regulation or an adult
8	use marijuana contract with the state under chapters 28.11 or 28.12 of title 21 or the regulations
9	promulgated thereunder without such licensure, registration or contract, the director or his or her
10	designee may, in accordance with the requirements of the administrative procedures act, chapter
11	35 of title 42:
12	(i) Revoke or suspend a license or registration;
13	(ii) Levy an administrative penalty in an amount established pursuant to regulations
14	promulgated by the office of cannabis regulation;
15	(iii) Order the violator to cease and desist such actions;
16	(iv) Require a licensee or registrant or person or entity conducting any activities requiring
17	licensure, registration or a contract under chapters 28.11 or 28.12 to take such actions as are
18	necessary to comply with such chapter and the regulations promulgated thereunder; or
19	(v) Any combination of the above penalties.
20	(2) If the director of the department of business regulation finds that public health, safety,
21	or welfare imperatively requires emergency action, and incorporates a finding to that effect in his
22	or her order, summary suspension of license or registration and/or cease and desist may be
23	ordered pending proceedings for revocation or other action. These proceedings shall be promptly
24	instituted and determined.
25	(b) If a person exceeds the possession limits set forth in chapters 28.11 or 28.12 of title
26	21, or is in violation of any other section of chapters 28.11 or 28.12 of title 21 or the regulations
27	promulgated thereunder, he or she may also be subject to arrest and prosecution under chapter 28
28	of title 21.
29	(c) All marijuana establishment licensees are subject to inspection by the office of
30	cannabis regulation including but not limited to, the licensed premises, all marijuana and
31	marijuana products located on the licensed premises, personnel files, training materials, security
32	footage, all business records and business documents including but not limited to purchase orders,
	LC003746 - Page 351 of 621
1	transactions, sales, and any other financial records or financial statements whether located on the
2	licensed premises or not.
3	(d) All marijuana products that are held within the borders of this state in violation of the
4	provisions of chapters 28.6, 28.11 or 28.12 of title 21 or the regulations promulgated thereunder
5	are declared to be contraband goods and may be seized by the office of cannabis regulation or its
6	agents, or employees, or by any sheriff, or his or her deputy, or any police or other law
7	enforcement officer when requested by the office of cannabis regulation to do so, in accordance
8	with applicable law. All contraband goods seized under this chapter may be destroyed.
9	(e) Notwithstanding any other provision of law, the office of cannabis regulation may
10	make available to law enforcement and public safety personnel, any information that the
11	department’s director or his or her designee may consider proper contained in licensing records,
12	inspection reports and other reports and records maintained by the office of cannabis regulation,
13	as necessary or appropriate for purposes of ensuring compliance with state laws and regulations.
14	Nothing in this act shall be construed to prohibit law enforcement, public safety, fire, or building
15	officials from investigating violations of, or enforcing state law.
16	21-28.12-15. Rulemaking authority.
17	(a) The department of business regulation may adopt all rules and regulations necessary
18	and convenient to carry out, implement and administer the provisions in this chapter and chapter
19	28.11 including operational requirements applicable to licensees and regulations as are necessary
20	and proper to enforce the provisions of and carry out, implement and administer the duties
21	assigned to it under this chapter and chapter 28.11, including but not limited to regulations
22	governing:
23	(1) Record-keeping requirements for marijuana establishment licensees;
24	(2) Security requirements for marijuana establishment licensees including but not limited
25	to the use of:
26	(i) An alarm system, with a backup power source, that alerts security personnel and local
27	law enforcement officials of any unauthorized breach;
28	(ii) Perpetual video surveillance system, with a backup power source, that records video
29	surveillance must be stored for at least two (2) months and be accessible to the office of cannabis
30	regulation via remote access and to law enforcement officials upon request;
31	(iii) Protocols that ensure the secure transport, delivery, and storage of cannabis and
32	cannabis products;
	LC003746 - Page 352 of 621
1	(iv) Additional security measures to protect against diversion or theft of cannabis from
2	cannabis cultivation facilities that cultivate cannabis outdoors; and
3	(v) any additional requirements deemed necessary by the office of cannabis regulation;
4	(3) Requirements for inventory tracking and the use of seed to sale monitoring system(s)
5	approved by the state which tracks all cannabis from its origin up to and including the point of
6	sale;
7	(4) Permitted forms of advertising and advertising content, including but not limited to:
8	(i) A marijuana establishment licensee may not advertise through any means unless at
9	least 85% of the audience is reasonably expected to be 21 years of age or older, as determined by
10	reliable, current audience composition data;
11	(ii) a marijuana establishment licensee may not engage in the use of pop up digital
12	advertisements;
13	(iii) a marijuana establishment licensee may not display any marijuana product pricing
14	through any advertising other than its establishment website which must be registered with the
15	office of cannabis regulation, or through opt in subscription services such as email alerts or sms
16	text messages, provided the licensee has verified the person attempting to view their webpage or
17	opt in to advertising alerts is over the age of 21;
18	(iv) a marijuana establishment licensee may not use any billboard advertisements within
19	the state of Rhode Island;
20	(v) A marijuana establishment licensee may display signage outside its facility displaying the
21	name of the establishment, provided the signage conforms to all applicable local guidelines and rules
22	and does not display imagery of a marijuana leaf or the use of marijuana or use neon signage;
23	(vi) a marijuana establishment licensee may be listed in public phonebooks and
24	directories;
25	(vii) A marijuana establishment licensee and its logo may be listed as a sponsor of a
26	charitable event, provided the logo does not contain imagery of a cannabis leaf or the use of
27	cannabis;
28	(viii) a marijuana establishment licensee shall not use, accept, or offer any coupons,
29	discounts, samples, giveaways, or any other mechanism to sell marijuana at prices below market value
30	which may or may not circumvent the collection of revenue; and
31	(viii) any other restrictions deemed appropriate by the office of cannabis regulation; and
	LC003746 - Page 353 of 621
1	(5) Permitted forms of marijuana products including, but not limited to, regulations
2	which:
3	(i) prohibit any form of marijuana product which is in the shape or form of an animal,
4	human, vehicle, or other shape or form which may be attractive to children;
5	(ii) prohibit any marijuana “additives” which could be added, mixed, sprayed on, or
6	applied to an existing food product without a person’s knowledge; and
7	(iii) include any other requirements deemed necessary by the office of cannabis regulation;
8	and
9	(6) Limits for marijuana product serving sizes, doses, and potency including but not
10	limited to regulations which:
11	(i) limit all servings of edible forms of marijuana to no more than five milligrams (5 mg)
12	of THC per serving;
13	(ii) limits the total maximum amount of THC per edible product package to one hundred
14	milligrams (100 mg) of THC;
15	(iii) limits the THC potency of any product to no more than fifty percent (50%) THC
16	unless otherwise authorized by the office of cannabis regulation;
17	(iv) may establish product or package limits based on the total milligrams of THC; and
18	(v) include any additional requirements or limitations deemed necessary by the office of
19	cannabis regulation:
20	(7) Product restrictions including but not limited to regulations which:
21	(i) establish a review process for the office of cannabis regulation to approve or deny
22	forms of marijuana products which may require marijuana establishment licensees to submit a
23	proposal, which includes photographs of the proposed product properly packaged and labeled and any
24	other materials deemed necessary by the office of cannabis regulation, to the office of cannabis
25	regulation for each line of cannabis products;
26	(ii) place additional restrictions on marijuana products to safeguard public health and
27	safety, as determined by the office of cannabis regulation in consultation with the executive
28	branch state agencies;
29	(iii) require all servings of edible products to be marked, imprinted, molded, or otherwise
30	display a symbol chosen by the department to alert consumers that the product contains
31	marijuana;
	LC003746 - Page 354 of 621
1	(iv) standards to prohibit cannabis products that pose public health risks, that are easily
2	confused with existing non-cannabis products, or that are especially attractive to youth; and
3	(v) any other requirements deemed suitable by the department;
4	(8) Limits and restrictions for marijuana transactions and sales including but not limited
5	to regulations which:
6	(i) establish processes and procedures to ensure all transactions and sales are properly
7	tracked through the use of a seed to sale inventory tracking and monitoring system;
8	(ii) establish rules and procedures for customer age verification;
9	(iii) establish rules and procedures to ensure adult use state stores do not sell, deliver or
10	otherwise transfer to, and that customers do not purchase or otherwise receive amounts of
11	marijuana in excess of the one ounce (1 oz.) marijuana or equivalent amount per transaction
12	and/or per day;
13	(iv) establish rules and procedures to ensure no marijuana is sold, delivered or otherwise
14	transferred to anyone under the age of 21; and
15	(v) include any additional requirements deemed necessary by the office of cannabis
16	regulation;
17	(9) The testing and safety of marijuana and marijuana products including but not limited
18	to regulations promulgated by the office of cannabis regulation or department of health, as
19	applicable which:
20	(i) license and regulate the operation of cannabis testing facilities, including requirements
21	for equipment, training, and qualifications for personnel;
22	(ii) set forth procedures that require random sample testing to ensure quality control,
23	including, but not limited to, ensuring that cannabis and cannabis products are accurately labeled
24	for tetrahydrocannabinol (THC) content and any other product profile;
25	(iii) testing for residual solvents, poisons, or toxins; harmful chemicals; dangerous
26	molds or mildew; filth; and harmful microbials such as E. coli or salmonella and pesticides,
27	and any other compounds, elements, or contaminants;
28	(iv) require that all cannabis and cannabis products must undergo random sample testing at a
29	registered cannabis testing facility or other laboratory equipped to test cannabis and cannabis
30	products that has been approved by the office of cannabis regulation;
31	(v) require any products which fail testing be quarantined and/or recalled and destroyed
32	in accordance with regulations;
	LC003746 - Page 355 of 621
1	(vi) allow for the establishment of other quality assurance mechanisms which may
2	include but not be limited to the designation or creation of a reference laboratory, creation of a
3	secret shopper program, round robin testing , or any other mechanism to ensure the accuracy of
4	product testing and labeling;
5	(vii) require marijuana establishment licensees and marijuana products to comply with
6	any applicable food safety requirements determined by the office of cannabis regulation and/or
7	the department of health;
8	(viii) include any additional requirements deemed necessary by the office of cannabis
9	regulation and the department of health; and
10	(ix) allow the office of cannabis regulation, in coordination with the department of health, at
11	their discretion, to temporarily remove, or phase in, any requirement for laboratory testing if it finds
12	that there is not sufficient laboratory capacity for the market.
13	(10) Online sales;
14	(11) Transport and delivery;
15	(12) Marijuana and marijuana product packaging including but not limited to
16	requirements that packaging be:
17	(i) opaque;
18	(ii) constructed to be significantly difficult for children under five (5) years of age to
19	open and not difficult for normal adults to use properly as defined by 16 C.F.R. 1700.20 (1995) or
20	another approval standard or process approved by the office of cannabis regulation;
21	(iii) be designed in a way that is not deemed as especially appealing to children; and
22	(iv) any other regulations required by the office of cannabis regulation; and
23	(13) Regulations for the quarantine and/or destruction of unauthorized materials;
24	(14) Industry and licensee cultivation and production limitations;
25	(15) Procedures for the approval or denial of a license, and procedures for suspension or
26	revocation of the license of any marijuana establishment licensee that violates the provisions of
27	this chapter, chapter 28.11 of title 21 or the regulations promulgated thereunder in accordance
28	with the provisions of chapter 35 of title 42;
29	(16) Compliance with municipal zoning restrictions, if any, which comply with § 21-
30	28.12-16 of this chapter;
31	(17) Standards and restrictions for marijuana manufacturing and processing which shall
32	include but not be limited to requirements that adult use marijuana processor licensees;
	LC003746 - Page 356 of 621
1	(i) comply with all applicable building and fire codes;
2	(ii) receive approval from the state fire marshal’s office for all forms of manufacturing
3	that use a heat source or flammable solvent;
4	(iii) require any adult use marijuana processor licensee that manufactures edibles of
5	marijuana infused food products to comply with all applicable requirements and regulations
6	issued by the department of health’s office of food safety; and
7	(iv) comply with any other requirements deemed suitable by the office of cannabis
8	regulation.
9	(18) Standards for employee and workplace safety and sanitation;
10	(19) Standards for employee training including but not limited to:
11	(i) requirements that all employees of marijuana establishments must participate in a
12	comprehensive training on standard operating procedures, security protocols, health and
13	sanitation standards, workplace safety, and the provisions of this chapter prior to working at the
14	establishment. Employees must be retrained on an annual basis or if state officials discover
15	a marijuana establishment in violation of any rule, regulation, or guideline in the course of regular
16	inspections or audits; and
17	(ii) any other requirements deemed appropriate by the office of cannabis regulation; and
18	(20) Mandatory labeling that must be affixed to all packages containing cannabis or
19	cannabis products including but not limited to requirements that the label display:
20	(i) the name of the establishment that cultivated the cannabis or produced the cannabis
21	product;
22	(ii) the tetrahydrocannabinol (THC) content of the product;
23	(iii) a "produced on" date;
24	(iv) warnings that state: "Consumption of cannabis impairs your ability to drive a car or
25	operate machinery” and "Keep away from children” and, unless federal law has changed to
26	accommodate cannabis possession, "Possession of cannabis is illegal under federal law and in many
27	states outside of Rhode Island";
28	(v) a symbol that reflects these products are not safe for children which contains poison
29	control contact information; and
30	(vi) any other information required by the office of cannabis regulation; and
31	(21) Standards for the use of pesticides; and
	LC003746 - Page 357 of 621
1	(22) General operating requirements, minimum oversight, and any other activities,
2	functions, or aspects of a marijuana establishment licensee in furtherance of creating a stable,
3	regulated cannabis industry and mitigating its impact on public health and safety.
4	(23) Rules and regulations based on federal law provided those rules and regulations are
5	designed to comply with federal guidance and mitigate federal enforcement against the marijuana
6	establishments and adult use state stores authorized, licensed and operated pursuant to this
7	chapter.
8	21-28.12-16. Municipal authority.
9	(a) Municipalities shall:
10	(i) Have the authority to enact local zoning and use ordinances not in conflict with this
11	chapter or with rules and regulations adopted by the office of cannabis regulation regulating the time,
12	place, and manner of marijuana establishments' operations, provided that no local authority may
13	prohibit any type of marijuana establishment operations altogether, either expressly or through the
14	enactment of ordinances or regulations which make any type of marijuana establishments' operation
15	impracticable; and
16	(b) Zoning ordinances enacted by a local authority shall not require a marijuana establishment
17	licensee or marijuana establishment applicant to enter into a community host agreement or pay any
18	consideration to the municipality other than reasonable zoning and permitting fees as determined by the
19	office of cannabis regulation. The office of cannabis regulation is the sole licensing authority for
20	marijuana establishment licensees. A municipality shall not enact any local zoning ordinances or
21	permitting requirements that establishes a de facto local license or licensing process unless explicitly
22	enabled by this chapter or ensuing regulations promulgated by the office of cannabis regulation.
23	(c) Notwithstanding subsection (a) of this section:
24	(i) Municipalities may enact local zoning and use ordinances which prohibit specific classes
25	of marijuana establishment licenses, or all classes of marijuana establishment licenses from being
26	issued within their jurisdiction and which may remain in effect until November 3, 2021. A local zoning
27	and use ordinance which prohibits specific classes of marijuana establishment licenses, or all classes of
28	marijuana establishment licenses from being issued within a city or town’s jurisdiction may only remain in
29	effect past November 3, 2021, if the residents of the municipality have approved, by a simple majority of
30	the electors voting, a referendum to ban adult use marijuana cultivator facilities, adult use state
31	stores, adult use marijuana processors or cannabis testing facilities, provided such referendum must be
32	conducted on or before November 3, 2021, and any ordinances related thereto must be adopted before
33	April 1, 2022;
	LC003746 - Page 358 of 621
1	(ii) Municipalities must put forth a separate referendum question to ban each class of
2	marijuana establishment. A single question to ban all classes of marijuana establishments shall not be
3	permitted; and
4	(iii) Municipalities which ban the licensure of marijuana establishments located within their
5	jurisdiction pursuant to c(i), and/or adopt local zoning and other ordinances, in accordance with this
6	section, may hold future referenda to prohibit previously allowed licenses, or allow previously
7	prohibited licenses, provided those subsequent referenda are held on the first Tuesday after the first
8	Monday in the month of November.
9	(d) Notwithstanding subsections (a), (b) or (c) of this section, a municipality may not
10	prohibit a medical marijuana establishment licensee from continuing to operate under a marijuana
11	establishment license issued by the office of cannabis regulation or previously issued by the
12	department of business regulation if that marijuana establishment licensee was approved or
13	licensed prior to the passage of this chapter.
14	(e) Notwithstanding any other provision of this chapter, no municipality or local authority
15	shall restrict the transport or delivery of marijuana through their jurisdiction, or to local residents,
16	provided all transport and/or delivery is in accordance with this chapter.
17	(f) Municipalities may impose civil and criminal penalties for the violation of ordinances
18	enacted pursuant to and in accordance with this section.
19	(g) Notwithstanding subsection (b) of this section, a city or town may receive a municipal
20	impact fee from a newly licensed and operating marijuana establishment located within their
21	jurisdiction provided:
22	(i) the municipal impact fee must offset or reimburse actual costs and expenses incurred by
23	the city or town during the first three (3) months that the licensee is licensed and/or operational;
24	(ii) the municipal impact fee must offset or reimburse reasonable and appropriate expenses
25	incurred by the municipality, which are directly attributed to, or are a direct result of, the licensed
26	operations of the marijuana establishment which may include but not be limited to, increased traffic or
27	police details needed to address new traffic patterns, increased parking needs, or pedestrian foot traffic
28	by consumers;
	LC003746 - Page 359 of 621
1	(iii) the municipality is responsible for estimating or calculating projected impact fees and
2	must follow the same methodology if providing a fee estimate or projection for multiple marijuana
3	establishment locations or applicants;
4	(iv) marijuana establishment licensees or applicants may not offer competing impact fees or
5	pay a fee that is more than the actual and reasonable costs and expenses incurred by the municipality;
6	and
7	(v) the office of cannabis regulation may suspend, revoke or refuse to issue a license to an
8	applicant or for a proposed establishment within a municipality if the municipality and/or marijuana
9	establishment local impact fee violates the requirements of this section.
10	21-28.12-17. Transportation of marijuana.
11	The office of cannabis regulation may promulgate regulations regarding secure transportation
12	of marijuana for marijuana establishment licensees delivering products to purchasers in accordance
13	with this chapter and shipments of marijuana or marijuana products between marijuana establishment
14	licensees.
15	21-28.12-18. No minors on the premises of adult use state stores or other
16	marijuana establishments.
17	No marijuana establishment licensee including an adult use marijuana contractor shall allow
18	any person who is under twenty-one (21) years of age to be present inside any room where
19	marijuana or marijuana products are stored, produced, or sold unless the person who is under twenty-
20	one (21) years of age is:
21	(1) A government employee performing their official duties; or
22	(2) At least eighteen (18) years old, a registered employee of the marijuana establishment
23	licensee and the person has completed all training required under this chapter and the regulations
24	promulgated by the office of cannabis regulation.
25	21-28.12-19. Contracts enforceable.
26	(a) It is the public policy of the state that contracts related to the operation of licensed
27	marijuana establishments, adult use state stores, licensed compassion centers, hemp cultivators or
28	other licensees under chapter 26 of title 2, and chapters 28.6, 28.11 and 28.12 of title 21, the
29	regulations promulgated thereunder and other applicable Rhode Island law shall be enforceable. It is
30	the public policy of the state that no contract entered into by a licensed marijuana establishment,
31	adult use state store, licensed compassion center, hemp cultivator or other licensee under chapter 26 of
32	title 2, and chapters 28.6, 28.11 and 28.12 of title 21 or its registered officers, directors, managers,
33	members, partners, employees or agents as permitted pursuant to a valid license issued by the office of
	LC003746 - Page 360 of 621
1	cannabis regulation, or by those who allow property to be used by an establishment, its registered
2	officers, directors, managers, members, partners, employees, or its agents as permitted pursuant to a
3	valid license, shall be unenforceable solely on the basis that cultivating, obtaining, manufacturing,
4	distributing, dispensing, transporting, selling, possessing, testing or using marijuana or hemp is
5	prohibited by federal law.
6	(b) Notwithstanding any law to the contrary including federal law, commercial activity
7	related to licensed marijuana establishments, adult use state stores, licensed compassion centers,
8	hemp cultivators or other licensees under chapter 26 of title 2, and chapters 28.11 and 28.12 of title
9	21, and the regulations promulgated thereunder, that is conducted in compliance with applicable
10	Rhode Island law shall be deemed to be:
11	(1) a lawful object of a contract;
12	(2) Not contrary to an express provision of law, any policy of express law, or good morals;
13	and
14	(3) Not against public policy.
15	21-28.12-20 Adult use marijuana fund and revenue.
16	(a) There is created the adult use marijuana fund, into which shall be deposited all
17	revenue collected pursuant to this chapter. The fund shall be in the custody of the general
18	treasurer, subject to the direction of the department for the use of the department.
19	(b) The adult use marijuana fund shall be used to pay for the wholesale acquisition of
20	adult use marijuana, marijuana products and adult use marijuana paraphernalia for sale in adult
21	use state stores. The department is authorized to enter into adult use marijuana contracts to
22	acquire adult use marijuana, adult use marijuana products and adult use marijuana paraphernalia,
23	or to direct any adult use marijuana contractors to acquire adult use marijuana, adult use
24	marijuana products or adult use marijuana paraphernalia on the state’s behalf. The department is
25	authorized to transfer or reimburse funds from the adult use marijuana fund in order to facilitate
26	these activities.
27	(c) The department is authorized to enter into an agreement to allocate adult use
28	marijuana retail sales revenue between the state, any adult use marijuana contractors, and
29	municipalities. This allocation shall be on any retail sales revenue net of funds needed to acquire
30	wholesale adult use marijuana, marijuana products and marijuana paraphernalia pursuant to
31	subsection (b). This allocation shall not include any revenue resulting from licensing or other
32	fees, penalties, fines, or any other revenue not directly attributable to retail sales at adult state
33	stores. Any such revenue shall be allocated entirely to the state.
	LC003746 - Page 361 of 621
1	(d) The allocation of net adult use retail marijuana revenue shall be:
2	(1) To the state, sixty-one percent (61%) of adult use marijuana retail sales revenue;
3	(2) To the state's licensed adult use marijuana contractors, twenty-nine percent (29%) of
4	adult use marijuana retail sales revenue; and
5	(3) To municipalities, ten percent (10%) of adult use marijuana retail sales revenue.
6	(e) Adult use marijuana retail sales revenue allocated to the state shall be deposited into
7	the adult use marijuana fund for administrative purposes, described in paragraph (f) below, and
8	then the balance remaining into the general fund.
9	(f) There is created within the general fund restricted receipt accounts collectively known
10	as the “state-control adult use marijuana” accounts. The state share of adult use marijuana
11	revenue will be used to fund programs and activities related to program administration; substance
12	use disorder prevention for adults and youth; education and public awareness campaigns;
13	treatment and recovery support services; public health monitoring, research, data collection, and
14	surveillance; law enforcement training and technology improvements including grants to local
15	law enforcement; and such other related uses that may be deemed necessary by the office of
16	management and budget. The restricted receipt accounts will be housed within the budgets of the
17	departments of behavioral healthcare, developmental disabilities and hospitals; business
18	regulation; health; and public safety. All amounts deposited into the state-control adult use
19	marijuana accounts shall be exempt from the indirect cost recovery provisions of § 35-4-27.
20	(g) Payments into the state's general fund shall be made on an estimated monthly basis.
21	Payment shall be made on the tenth day following the close of the month except for the last
22	month when payment shall be on the last business day.
23	(h) All sales of adult use marijuana, adult use marijuana products, and adult use
24	marijuana paraphernalia at adult use state stores are exempt from taxation under chapter 18 of
25	title 44.
26	(i) If there are multiple licensed adult use marijuana contractors under contract with the
27	state, the contracts between the state and those entities will specify how revenue allocated under
28	subsection (d)(2) is divided.
29	(j) All revenue allocated to cities and towns under subsection (d)(3) shall be distributed at
30	least quarterly by the department, credited and paid by the state treasurer to the city or town based
31	on the following allocation:
32	(1) One-quarter based in an equal distribution to each city or town in the state;
	LC003746 - Page 362 of 621
1	(2) One-quarter based on the share of total licensed adult use marijuana cultivators,
2	licensed adult use marijuana processors, and adult use state stores found in each city or town at
3	the end of the quarter that corresponds to the distribution, with adult use state stores assigned a
4	weight twice that of the other license types; and
5	(3) One-half based on the volume of retail sales of adult use marijuana, marijuana products and
6	marijuana paraphernalia that occurred at adult use state stores in each city or town in the quarter
7	of the distribution.
8	21-28.12-21. Severability.
9	If any provision of this chapter or its application thereof to any person or circumstance is held
10	invalid, such invalidity shall not affect other provisions or applications of this chapter, which can be
11	given effect without the invalid provision or application, and to this end the provisions of this chapter
12	are declared to be severable.
13	SECTION 4. Sections 31-27-2, 31-27-2.1 and 31-27-2.9 of Chapter 31-27 of the General
14	Laws entitled “Motor Vehicles Offenses” are hereby amended as follows:
15	31-27-2. Driving under influence of liquor or drugs.
16	(a) Whoever drives or otherwise operates any vehicle in the state while under the
17	influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in
18	chapter 28 of title 21, or any combination of these, shall be guilty of a misdemeanor, except as
19	provided in subsection (d)(3), and shall be punished as provided in subsection (d).
20	(b)(1) Any person charged under subsection (a), whose blood alcohol concentration is
21	eight one-hundredths of one percent (.08%) or more by weight, as shown by a chemical analysis
22	of a blood, breath, or urine sample, shall be guilty of violating subsection (a). This provision shall
23	not preclude a conviction based on other admissible evidence, including the testimony of a drug
24	recognition expert or evaluator, certified pursuant to training approved by the Rhode Island
25	Department of Transportation Office on Highway Safety. Proof of guilt under this section may
26	also be based on evidence that the person charged was under the influence of intoxicating liquor,
27	drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination
28	of these, to a degree that rendered the person incapable of safely operating a vehicle. The fact that
29	any person charged with violating this section is, or has been, legally entitled to use alcohol or a
30	drug shall not constitute a defense against any charge of violating this section.
31	(2) Whoever drives, or otherwise operates, any vehicle in the state with a blood presence
32	of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by
	LC003746 - Page 363 of 621
1	analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as
2	provided in subsection (d).
3	(c) In any criminal prosecution for a violation of subsection (a), evidence as to the
4	amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of
5	title 21, or any combination of these, in the defendant's blood at the time alleged as shown by a
6	chemical analysis of the defendant's breath, blood, saliva or urine or other bodily substance, shall
7	be admissible and competent, provided that evidence is presented that the following conditions
8	have been complied with:
9	(1) The defendant has consented to the taking of the test upon which the analysis is made.
10	Evidence that the defendant had refused to submit to the test shall not be admissible unless the
11	defendant elects to testify.
12	(2) A true copy of the report of the test result was mailed within seventy-two (72) hours
13	of the taking of the test to the person submitting to a breath test.
14	(3) Any person submitting to a chemical test of blood, urine, saliva or other body fluids
15	shall have a true copy of the report of the test result mailed to him or her within thirty (30) days
16	following the taking of the test.
17	(4) The test was performed according to methods and with equipment approved by the
18	director of the department of health of the state of Rhode Island and by an authorized individual.
19	(5) Equipment used for the conduct of the tests by means of breath analysis had been
20	tested for accuracy within thirty (30) days preceding the test by personnel qualified as
21	hereinbefore provided, and breathalyzer operators shall be qualified and certified by the
22	department of health within three hundred sixty-five (365) days of the test.
23	(6) The person arrested and charged with operating a motor vehicle while under the
24	influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of
25	title 21 or any combination of these in violation of subsection (a), was afforded the opportunity to
26	have an additional chemical test. The officer arresting or so charging the person shall have
27	informed the person of this right and afforded him or her a reasonable opportunity to exercise this
28	right, and a notation to this effect is made in the official records of the case in the police
29	department. Refusal to permit an additional chemical test shall render incompetent and
30	inadmissible in evidence the original report.
31	(d)(1)(i) Every person found to have violated subsection (b)(1) shall be sentenced as
32	follows: for a first violation whose blood alcohol concentration is eight one-hundredths of one
33	percent (.08%), but less than one-tenth of one percent (.1%), by weight, or who has a blood
34	presence of any scheduled controlled substance as defined in subsection (b)(2), shall be subject to
	LC003746 - Page 364 of 621
1	a fine of not less than one hundred dollars ($100), nor more than three hundred dollars ($300);
2	shall be required to perform ten (10) to sixty (60) hours of public community restitution, and/or
3	shall be imprisoned for up to one year. The sentence may be served in any unit of the adult
4	correctional institutions in the discretion of the sentencing judge and/or shall be required to attend
5	a special course on driving while intoxicated or under the influence of a controlled substance;
6	provided, however, that the court may permit a servicemember or veteran to complete any court-
7	approved counseling program administered or approved by the Veterans' Administration, and his
8	or her driver's license shall be suspended for thirty (30) days up to one hundred eighty (180) days.
9	The sentencing judge or magistrate may prohibit that person from operating a motor vehicle that
10	is not equipped with an ignition interlock system as provided in § 31-27-2.8.
11	(ii) Every person convicted of a first violation whose blood alcohol concentration is one-
12	tenth of one percent (.1%) by weight or above, but less than fifteen hundredths of one percent
13	(.15%), or whose blood alcohol concentration is unknown, shall be subject to a fine of not less
14	than one hundred ($100) dollars, nor more than four hundred dollars ($400), and shall be required
15	to perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned
16	for up to one year. The sentence may be served in any unit of the adult correctional institutions in
17	the discretion of the sentencing judge. The person's driving license shall be suspended for a
18	period of three (3) months to twelve (12) months. The sentencing judge shall require attendance
19	at a special course on driving while intoxicated or under the influence of a controlled substance
20	and/or alcoholic or drug treatment for the individual; provided, however, that the court may
21	permit a servicemember or veteran to complete any court-approved counseling program
22	administered or approved by the Veterans' Administration. The sentencing judge or magistrate
23	may prohibit that person from operating a motor vehicle that is not equipped with an ignition
24	interlock system as provided in § 31-27-2.8.
25	(iii) Every person convicted of a first offense whose blood alcohol concentration is
26	fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug,
27	toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to a fine of
28	five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of
29	public community restitution and/or shall be imprisoned for up to one year. The sentence may be
30	served in any unit of the adult correctional institutions in the discretion of the sentencing judge.
31	The person's driving license shall be suspended for a period of three (3) months to eighteen (18)
32	months. The sentencing judge shall require attendance at a special course on driving while
33	intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for
34	the individual; provided, however, that the court may permit a servicemember or veteran to
	LC003746 - Page 365 of 621
1	complete any court-approved counseling program administered or approved by the Veterans'
2	Administration. The sentencing judge or magistrate shall prohibit that person from operating a
3	motor vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8.
4	(2)(i) Every person convicted of a second violation within a five-year (5) period with a
5	blood alcohol concentration of eight one-hundredths of one percent (.08%) or above, but less than
6	fifteen hundredths of one percent (.15%), or whose blood alcohol concentration is unknown, or
7	who has a blood presence of any controlled substance as defined in subsection (b)(2), and every
8	person convicted of a second violation within a five-year (5) period, regardless of whether the
9	prior violation and subsequent conviction was a violation and subsequent conviction under this
10	statute or under the driving under the influence of liquor or drugs statute of any other state, shall
11	be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall
12	be suspended for a period of one year to two (2) years, and the individual shall be sentenced to
13	not less than ten (10) days, nor more than one year, in jail. The sentence may be served in any
14	unit of the adult correctional institutions in the discretion of the sentencing judge; however, not
15	less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing
16	judge shall require alcohol or drug treatment for the individual; provided, however, that the court
17	may permit a servicemember or veteran to complete any court-approved counseling program
18	administered or approved by the Veterans' Administration and shall prohibit that person from
19	operating a motor vehicle that is not equipped with an ignition interlock system as provided in §
20	31-27-2.8.
21	(ii) Every person convicted of a second violation within a five-year (5) period whose
22	blood alcohol concentration is fifteen hundredths of one percent (.15%) or above, by weight as
23	shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence of
24	a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to
25	mandatory imprisonment of not less than six (6) months, nor more than one year; a mandatory
26	fine of not less than one thousand dollars ($1,000); and a mandatory license suspension for a
27	period of two (2) years from the date of completion of the sentence imposed under this
28	subsection. The sentencing judge shall require alcohol or drug treatment for the individual;
29	provided, however, that the court may permit a servicemember or veteran to complete any court
30	approved counseling program administered or approved by the Veterans' Administration. The
31	sentencing judge or magistrate shall prohibit that person from operating a motor vehicle that is
32	not equipped with an ignition interlock system as provided in § 31-27-2.8.
	LC003746 - Page 366 of 621
1	(3)(i) Every person convicted of a third or subsequent violation within a five-year (5)
2	period with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or
3	above, but less than fifteen hundredths of one percent (.15%), or whose blood alcohol
4	concentration is unknown or who has a blood presence of any scheduled controlled substance as
5	defined in subsection (b)(2), regardless of whether any prior violation and subsequent conviction
6	was a violation and subsequent conviction under this statute or under the driving under the
7	influence of liquor or drugs statute of any other state, shall be guilty of a felony and be subject to
8	a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended
9	for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less
10	than one year and not more than three (3) years in jail. The sentence may be served in any unit of
11	the adult correctional institutions in the discretion of the sentencing judge; however, not less than
12	forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall
13	require alcohol or drug treatment for the individual; provided, however, that the court may permit
14	a servicemember or veteran to complete any court-approved counseling program administered or
15	approved by the Veterans' Administration, and shall prohibit that person from operating a motor
16	vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8.
17	(ii) Every person convicted of a third or subsequent violation within a five-year (5) period
18	whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by weight
19	as shown by a chemical analysis of a blood, breath, or urine sample, or who is under the influence
20	of a drug, toluene, or any controlled substance as defined in subsection (b)(1), shall be subject to
21	mandatory imprisonment of not less than three (3) years, nor more than five (5) years; a
22	mandatory fine of not less than one thousand dollars ($1,000), nor more than five thousand
23	dollars ($5,000); and a mandatory license suspension for a period of three (3) years from the date
24	of completion of the sentence imposed under this subsection. The sentencing judge shall require
25	alcohol or drug treatment for the individual. The sentencing judge or magistrate shall prohibit that
26	person from operating a motor vehicle that is not equipped with an ignition interlock system as
27	provided in § 31-27-2.8.
28	(iii) In addition to the foregoing penalties, every person convicted of a third or
29	subsequent violation within a five-year (5) period, regardless of whether any prior violation and
30	subsequent conviction was a violation and subsequent conviction under this statute or under the
31	driving under the influence of liquor or drugs statute of any other state, shall be subject, in the
32	discretion of the sentencing judge, to having the vehicle owned and operated by the violator
	LC003746 - Page 367 of 621
1	seized and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred
2	to the general fund.
3	(4) Whoever drives or otherwise operates any vehicle in the state while under the
4	influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in
5	chapter 28 of title 21, or any combination of these, when his or her license to operate is
6	suspended, revoked, or cancelled for operating under the influence of a narcotic drug or
7	intoxicating liquor, shall be guilty of a felony punishable by imprisonment for not more than three
8	(3) years and by a fine of not more than three thousand dollars ($3,000). The court shall require
9	alcohol and/or drug treatment for the individual; provided, the penalties provided for in this
10	subsection (d)(4) shall not apply to an individual who has surrendered his or her license and
11	served the court-ordered period of suspension, but who, for any reason, has not had his or her
12	license reinstated after the period of suspension, revocation, or suspension has expired; provided,
13	further, the individual shall be subject to the provisions of subdivision (d)(2)(i), (d)(2)(ii),
14	(d)(3)(i), (d)(3)(ii), or (d)(3)(iii) regarding subsequent offenses, and any other applicable
15	provision of this section.
16	(5)(i) For purposes of determining the period of license suspension, a prior violation shall
17	constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1
18	(ii) Any person over the age of eighteen (18) who is convicted under this section for
19	operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of
20	these, while a child under the age of thirteen (13) years was present as a passenger in the motor
21	vehicle when the offense was committed shall be subject to immediate license suspension
22	pending prosecution. Any person convicted of violating this section shall be guilty of a
23	misdemeanor for a first offense and may be sentenced to a term of imprisonment of not more than
24	one year and a fine not to exceed one thousand dollars ($1,000). Any person convicted of a
25	second or subsequent offense shall be guilty of a felony offense and may be sentenced to a term
26	of imprisonment of not more than five (5) years and a fine not to exceed five thousand dollars
27	($5,000). The sentencing judge shall also order a license suspension of up to two (2) years,
28	require attendance at a special course on driving while intoxicated or under the influence of a
29	controlled substance, and alcohol or drug education and/or treatment. The individual may also be
30	required to pay a highway assessment fee of no more than five hundred dollars ($500) and the
31	assessment shall be deposited in the general fund.
32	(6)(i) Any person convicted of a violation under this section shall pay a highway
33	assessment fine of five hundred dollars ($500) that shall be deposited into the general fund. The
	LC003746 - Page 368 of 621
1	assessment provided for by this subsection shall be collected from a violator before any other
2	fines authorized by this section.
3	(ii) Any person convicted of a violation under this section shall be assessed a fee of
4	eighty-six dollars ($86).
5	(7)(i) If the person convicted of violating this section is under the age of eighteen (18)
6	years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of
7	public community restitution and the juvenile's driving license shall be suspended for a period of
8	six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing
9	judge shall also require attendance at a special course on driving while intoxicated or under the
10	influence of a controlled substance and alcohol or drug education and/or treatment for the
11	juvenile. The juvenile may also be required to pay a highway assessment fine of no more than
12	five hundred dollars ($500) and the assessment imposed shall be deposited into the general fund.
13	(ii) If the person convicted of violating this section is under the age of eighteen (18)
14	years, for a second or subsequent violation regardless of whether any prior violation and
15	subsequent conviction was a violation and subsequent conviction under this statute or under the
16	driving under the influence of liquor or drugs statute of any other state, he or she shall be subject
17	to a mandatory suspension of his or her driving license until such time as he or she is twenty-one
18	(21) years of age and may, in the discretion of the sentencing judge, also be sentenced to the
19	Rhode Island training school for a period of not more than one year and/or a fine of not more than
20	five hundred dollars ($500).
21	(8) Any person convicted of a violation under this section may undergo a clinical
22	assessment at the community college of Rhode Island's center for workforce and community
23	education. Should this clinical assessment determine problems of alcohol, drug abuse, or
24	psychological problems associated with alcoholic or drug abuse, this person shall be referred to
25	an appropriate facility, licensed or approved by the department of behavioral healthcare,
26	developmental disabilities and hospitals, for treatment placement, case management, and
27	monitoring. In the case of a servicemember or veteran, the court may order that the person be
28	evaluated through the Veterans' Administration. Should the clinical assessment determine
29	problems of alcohol, drug abuse, or psychological problems associated with alcohol or drug
30	abuse, the person may have their treatment, case management, and monitoring administered or
31	approved by the Veterans' Administration.
32	(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol
33	per one hundred (100) cubic centimeters of blood.
	LC003746 - Page 369 of 621
1	(f)(1) There is established an alcohol and drug safety unit within the division of motor
2	vehicles to administer an alcohol safety action program. The program shall provide for placement
3	and follow-up for persons who are required to pay the highway safety assessment. The alcohol
4	and drug safety action program will be administered in conjunction with alcohol and drug
5	programs licensed by the department of behavioral healthcare, developmental disabilities and
6	hospitals.
7	(2) Persons convicted under the provisions of this chapter shall be required to attend a
8	special course on driving while intoxicated or under the influence of a controlled substance,
9	and/or participate in an alcohol or drug treatment program, which course and programs must meet
10	the standards established by the Rhode Island department of behavioral healthcare, developmental
11	disabilities and hospitals; provided, however, that the court may permit a servicemember or
12	veteran to complete any court-approved counseling program administered or approved by the
13	Veterans' Administration. The course shall take into consideration any language barrier that may
14	exist as to any person ordered to attend, and shall provide for instruction reasonably calculated to
15	communicate the purposes of the course in accordance with the requirements of the subsection.
16	Any costs reasonably incurred in connection with the provision of this accommodation shall be
17	borne by the person being retrained. A copy of any violation under this section shall be forwarded
18	by the court to the alcohol and drug safety unit. In the event that persons convicted under the
19	provisions of this chapter fail to attend and complete the above course or treatment program, as
20	ordered by the judge, then the person may be brought before the court, and after a hearing as to
21	why the order of the court was not followed, may be sentenced to jail for a period not exceeding
22	one year.
23	(3) The alcohol and drug safety action program within the division of motor vehicles
24	shall be funded by general revenue appropriations.
25	(g) The director of the department of health of the state of Rhode Island is empowered to
26	make and file with the secretary of state regulations that prescribe the techniques and methods of
27	chemical analysis of the person's body fluids or breath and the qualifications and certification of
28	individuals authorized to administer this testing and analysis.
29	(h) Jurisdiction for misdemeanor violations of this section shall be with the district court
30	for persons eighteen (18) years of age or older and to the family court for persons under the age
31	of eighteen (18) years. The courts shall have full authority to impose any sentence authorized and
32	to order the suspension of any license for violations of this section. All trials in the district court
33	and family court of violations of the section shall be scheduled within thirty (30) days of the
	LC003746 - Page 370 of 621
1	arraignment date. No continuance or postponement shall be granted except for good cause shown.
2	Any continuances that are necessary shall be granted for the shortest practicable time. Trials in
3	superior court are not required to be scheduled within thirty (30) days of the arraignment date.
4	(i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on
5	driving while intoxicated or under the influence of a controlled substance, public community
6	restitution, or jail provided for under this section can be suspended.
7	(j) An order to attend a special course on driving while intoxicated that shall be
8	administered in cooperation with a college or university accredited by the state, shall include a
9	provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars
10	($25.00), and a fee of one hundred seventy-five dollars ($175), which fee shall be deposited into
11	the general fund.
12	(k) For the purposes of this section, any test of a sample of blood, breath, or urine for the
13	presence of alcohol that relies in whole or in part upon the principle of infrared light absorption is
14	considered a chemical test.
15	(l) If any provision of this section, or the application of any provision, shall for any
16	reason be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of
17	the section, but shall be confined in this effect to the provision or application directly involved in
18	the controversy giving rise to the judgment.
19	(m) For the purposes of this section, "servicemember" means a person who is presently
20	serving in the armed forces of the United States, including the Coast Guard, a reserve component
21	thereof, or the National Guard. "Veteran" means a person who has served in the armed forces,
22	including the Coast Guard of the United States, a reserve component thereof, or the National
23	Guard, and has been discharged under other than dishonorable conditions.
24	31-27-2.1. Refusal to submit to chemical test.
25	(a) Any person who operates a motor vehicle within this state shall be deemed to have
26	given his or her consent to chemical tests of his or her breath, blood, saliva and/or urine for the
27	purpose of determining the chemical content of his or her body fluids or breath. No more than
28	two (2) complete tests, one for the presence of intoxicating liquor and one for the presence of
29	toluene or any controlled substance, as defined in § 21-28-1.02(8), shall be administered at the
30	direction of a law enforcement officer having reasonable grounds to believe the person to have
31	been driving a motor vehicle within this state while under the influence of intoxicating liquor,
32	toluene or any controlled substance, as defined in chapter 28 of title 21, or any combination of
33	these. The director of the department of health is empowered to make and file, with the secretary
34	of state, regulations that prescribe the techniques and methods of chemical analysis of the
	LC003746 - Page 371 of 621
1	person's body fluids or breath and the qualifications and certification of individuals authorized to
2	administer the testing and analysis.
3	(b) If a person, for religious or medical reasons, cannot be subjected to blood tests, the
4	person may file an affidavit with the division of motor vehicles stating the reasons why he or she
5	cannot be required to take blood tests and a notation to this effect shall be made on his or her
6	license. If that person is asked to submit to chemical tests as provided under this chapter, the
7	person shall only be required to submit to chemical tests of his or her breath, saliva or urine.
8	When a person is requested to submit to blood tests, only a physician or registered nurse, or a
9	medical technician certified under regulations promulgated by the director of the department of
10	health, may withdraw blood for the purpose of determining the alcoholic content in it. This
11	limitation shall not apply to the taking of breath, saliva or urine specimens. The person tested
12	shall be permitted to have a physician of his or her own choosing, and at his or her own expense,
13	administer chemical tests of his or her breath, blood, saliva and/or urine in addition to the tests
14	administered at the direction of a law enforcement officer. If a person, having been placed under
15	arrest, refuses upon the request of a law enforcement officer to submit to the tests, as provided in
16	§ 31-27-2, none shall be given, but a judge or magistrate of the traffic tribunal or district court
17	judge or magistrate, upon receipt of a report of a law enforcement officer: that he or she had
18	reasonable grounds to believe the arrested person had been driving a motor vehicle within this
19	state under the influence of intoxicating liquor, toluene, or any controlled substance, as defined in
20	chapter 28 of title 21, or any combination of these; that the person had been informed of his or her
21	rights in accordance with § 31-27-3; that the person had been informed of the penalties incurred
22	as a result of noncompliance with this section; and that the person had refused to submit to the
23	tests upon the request of a law enforcement officer; shall promptly order that the person's
24	operator's license or privilege to operate a motor vehicle in this state be immediately suspended,
25	however, said suspension shall be subject to the hardship provisions enumerated in § 31-27-2.8.
26	A traffic tribunal judge or magistrate, or a district court judge or magistrate, pursuant to the terms
27	of subsection (c), shall order as follows:
28	(1) Impose, for the first violation, a fine in the amount of two hundred dollars ($200) to
29	five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of
30	public community restitution. The person's driving license in this state shall be suspended for a
31	period of six (6) months to one year. The traffic tribunal judge or magistrate shall require
32	attendance at a special course on driving while intoxicated or under the influence of a controlled
33	substance and/or alcohol or drug treatment for the individual. The traffic tribunal judge or
	LC003746 - Page 372 of 621
1	magistrate may prohibit that person from operating a motor vehicle that is not equipped with an
2	ignition interlock system as provided in § 31-27-2.8.
3	(2) Every person convicted of a second violation within a five-year (5) period, except
4	with respect to cases of refusal to submit to a blood test, shall be guilty of a misdemeanor; shall
5	be imprisoned for not more than six (6) months; shall pay a fine in the amount of six hundred
6	dollars ($600) to one thousand dollars ($1,000); perform sixty (60) to one hundred (100) hours of
7	public community restitution; and the person's driving license in this state shall be suspended for
8	a period of one year to two (2) years. The judge or magistrate shall require alcohol and/or drug
9	treatment for the individual. The sentencing judge or magistrate shall prohibit that person from
10	operating a motor vehicle that is not equipped with an ignition interlock system as provided in §
11	31-27-2.8.
12	(3) Every person convicted for a third or subsequent violation within a five-year (5)
13	period, except with respect to cases of refusal to submit to a blood test, shall be guilty of a
14	misdemeanor; and shall be imprisoned for not more than one year; fined eight hundred dollars
15	($800) to one thousand dollars ($1,000); shall perform not less than one hundred (100) hours of
16	public community restitution; and the person's operator's license in this state shall be suspended
17	for a period of two (2) years to five (5) years. The sentencing judge or magistrate shall prohibit
18	that person from operating a motor vehicle that is not equipped with an ignition interlock system
19	as provided in § 31-27-2.8. The judge or magistrate shall require alcohol or drug treatment for the
20	individual. Provided, that prior to the reinstatement of a license to a person charged with a third
21	or subsequent violation within a three-year (3) period, a hearing shall be held before a judge or
22	magistrate. At the hearing, the judge or magistrate shall review the person's driving record, his or
23	her employment history, family background, and any other pertinent factors that would indicate
24	that the person has demonstrated behavior that warrants the reinstatement of his or her license.
25	(4) For a second violation within a five-year (5) period with respect to a case of a refusal
26	to submit to a blood test, a fine in the amount of six hundred dollars ($600) to one thousand
27	dollars ($1,000); the person shall perform sixty (60) to one hundred (100) hours of public
28	community restitution; and the person's driving license in this state shall be suspended for a
29	period of two (2) years. The judicial officer shall require alcohol and/or drug treatment for the
30	individual. The sentencing judicial officer shall prohibit that person from operating a motor
31	vehicle that is not equipped with an ignition interlock system as provided in § 31-27-2.8. Such a
32	violation with respect to refusal to submit to a chemical blood test shall be a civil offense.
33	(5) For a third or subsequent violation within a five-year (5) period with respect to a case
34	of a refusal to submit to a blood test, a fine in the amount of eight hundred dollars ($800) to one
	LC003746 - Page 373 of 621
1	thousand dollars ($1,000); the person shall perform not less than one hundred (100) hours of
2	public community restitution; and the person's driving license in this state shall be suspended for
3	a period of two (2) to five (5) years. The sentencing judicial officer shall prohibit that person from
4	operating a motor vehicle that is not equipped with an ignition interlock system as provided in §
5	31-27-2.8. The judicial officer shall require alcohol and/or drug treatment for the individual. Such
6	a violation with respect to refusal to submit to a chemical test of blood shall be a civil offense.
7	Provided, that prior to the reinstatement of a license to a person charged with a third or
8	subsequent violation within a three-year (3) period, a hearing shall be held before a judicial
9	officer. At the hearing, the judicial officer shall review the person's driving record, his or her
10	employment history, family background, and any other pertinent factors that would indicate that
11	the person has demonstrated behavior that warrants the reinstatement of their license.
12	(6) For purposes of determining the period of license suspension, a prior violation shall
13	constitute any charge brought and sustained under the provisions of this section or § 31-27-2.
14	(7) In addition to any other fines, a highway safety assessment of five hundred dollars
15	($500) shall be paid by any person found in violation of this section, the assessment to be
16	deposited into the general fund. The assessment provided for by this subsection shall be collected
17	from a violator before any other fines authorized by this section.
18	(8) In addition to any other fines and highway safety assessments, a two-hundred-dollar
19	($200) assessment shall be paid by any person found in violation of this section to support the
20	department of health's chemical testing programs outlined in § 31-27-2(4), that shall be deposited
21	as general revenues, not restricted receipts.
22	(9) No fines, suspensions, assessments, alcohol or drug treatment programs, course on
23	driving while intoxicated or under the influence of a controlled substance, or public community
24	restitution provided for under this section can be suspended.
25	(c) Upon suspending or refusing to issue a license or permit as provided in subsection (a),
26	the traffic tribunal or district court shall immediately notify the person involved in writing, and
27	upon his or her request, within fifteen (15) days, shall afford the person an opportunity for a
28	hearing as early as practical upon receipt of a request in writing. Upon a hearing, the judge may
29	administer oaths and may issue subpoenas for the attendance of witnesses and the production of
30	relevant books and papers. If the judge finds after the hearing that:
31	(1) The law enforcement officer making the sworn report had reasonable grounds to
32	believe that the arrested person had been driving a motor vehicle within this state while under the
	LC003746 - Page 374 of 621
1	influence of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of
2	title 21, or any combination of these;
3	(2) The person, while under arrest, refused to submit to the tests upon the request of a law
4	enforcement officer;
5	(3) The person had been informed of his or her rights in accordance with § 31-27-3; and
6	(4) The person had been informed of the penalties incurred as a result of noncompliance
7	with this section, the judge shall sustain the violation. The judge shall then impose the penalties
8	set forth in subsection (b). Action by the judge must be taken within seven (7) days after the
9	hearing or it shall be presumed that the judge has refused to issue his or her order of suspension.
10	(d) For the purposes of this section, any test of a sample of blood, breath, or urine for the
11	presence of alcohol that relies, in whole or in part, upon the principle of infrared light absorption
12	is considered a chemical test.
13	(e) If any provision of this section, or the application of any provision, shall, for any
14	reason, be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the
15	section, but shall be confined in this effect to the provisions or application directly involved in the
16	controversy giving rise to the judgment.
17	31-27-2.9. Administration of chemical test.
18	(a) Notwithstanding any provision of § 31-27-2.1, if an individual refuses to consent to a
19	chemical test as provided in § 31-27-2.1, and a peace officer, as defined in § 12-7-21, has
20	probable cause to believe that the individual has violated one or more of the following sections:
21	31-27-1, 31-27-1.1, 31-27-2.2, or 31-27-2.6 and that the individual was operating a motor vehicle
22	under the influence of any intoxicating liquor, toluene or any controlled substance as defined in
23	chapter 21-28, or any combination thereof, a chemical test may be administered without the
24	consent of that individual provided that the peace officer first obtains a search warrant authorizing
25	administration of the chemical test. The chemical test shall determine the amount of the alcohol
26	or the presence of a controlled substance in that person's blood, saliva or breath.
27	(b) The chemical test shall be administered in accordance with the methods approved by
28	the director of the department of health as provided for in subdivision 31-27-2(c)(4). The
29	individual shall be afforded the opportunity to have an additional chemical test as established in
30	subdivision 31-27-2(c)(6).
31	(c) Notwithstanding any other law to the contrary, including, but not limited to, chapter
32	5-37.3, any health care provider who, as authorized by the search warrant in subsection (a):
	LC003746 - Page 375 of 621
1	(i) Takes a blood, saliva or breath sample from an individual; or
2	(ii) Performs the chemical test; or
3	(iii) Provides information to a peace officer pursuant to subsection (a) above and who
4	uses reasonable care and accepted medical practices shall not be liable in any civil or criminal
5	proceeding arising from the taking of the sample, from the performance of the chemical test or
6	from the disclosure or release of the test results.
7	(d) The results of a chemical test performed pursuant to this section shall be admissible as
8	competent evidence in any civil or criminal prosecution provided that evidence is presented in
9	compliance with the conditions set forth in subdivisions 31-27-2(c)(3), 31-27-2(c)(4) and 31-27-
10	2(c)(6).
11	(e) All chemical tests administered pursuant to this section shall be audio and video
12	recorded by the law enforcement agency which applied for and was granted the search warrant
13	authorizing the administration of the chemical test.
14	SECTION 5. Section 44-49-2 of Chapter 44-49 of the General Laws entitled “Taxation of
15	Marijuana and Controlled Substances” is hereby amended as follows:
16	44-49-2. Definitions.
17	(a) "Controlled substance" means any drug or substance, whether real or counterfeit, as
18	defined in § 21-28-1.02(8), that is held, possessed, transported, transferred, sold, or offered to be
19	sold in violation of Rhode Island laws. "Controlled substance" does not include marijuana.
20	(b) "Dealer" means a person who in violation of Rhode Island law manufactures,
21	produces, ships, transports, or imports into Rhode Island or in any manner acquires or possesses
22	more than forty-two and one half (42.5) grams of marijuana, or seven (7) or more grams of any
23	controlled substance, or ten (10) or more dosage units of any controlled substance which is not
24	sold by weight. A quantity of marijuana or a controlled substance is measured by the weight of
25	the substance whether pure or impure or dilute, or by dosage units when the substance is not sold
26	by weight, in the dealer's possession. A quantity of a controlled substance is dilute if it consists of
27	a detectable quantity of pure controlled substance and any excipients or fillers.
28	(c) "Marijuana" means any marijuana, whether real or counterfeit, as defined in § 21-28-
29	1.02(30), that is held, possessed, transported, transferred, sold, or offered to be sold in violation of
30	Rhode Island laws. Adult use marijuana sold pursuant to and in accordance with chapters 28.11
31	and 28.12 of title 21 shall not constitute marijuana for the purposes of this chapter.
32	SECTION 6. This article shall take effect upon passage.
	LC003746 - Page 376 of 621
1	ARTICLE 14
2	RELATING TO MEDICAL ASSISTANCE
3	SECTION 1. Section 40-8-4 of the General Laws in Chapter 40-8 entitled “Medical
4	Assistance” is hereby amended to read as follows:
5	40-8-4. Direct vendor payment plan. Medicaid vendor payment and beneficiary
6	copayment.
7	(a) The department executive office of health and human services (“executive office”)
8	shall furnish medical care benefits to eligible beneficiaries through a direct vendor payment plan
9	and/or other methodologies and plans authorized in this chapter. The plan shall include, but need
10	not be limited to, any or all of the following benefits, which benefits shall be contracted for by the
11	director Such plans and methodologies shall cover the services and supports approved as eligible
12	for federal financial participation identified in the Medicaid state plan and any active waivers.:
13	(1) Inpatient hospital services, other than services in a hospital, institution, or facility for
14	tuberculosis or mental diseases;
15	(2) Nursing services for such period of time as the director shall authorize;
16	(3) Visiting nurse service;
17	(4) Drugs for consumption either by inpatients or by other persons for whom they are
18	prescribed by a licensed physician;
19	(5) Dental services; and
20	(6) Hospice care up to a maximum of two hundred and ten (210) days as a lifetime
21	benefit.
22	(b) For purposes of this chapter, the payment of federal Medicare premiums or other
23	health insurance premiums by the department on behalf of eligible beneficiaries in accordance
24	with the provisions of Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., shall
25	be deemed to be a direct vendor payment.
26	(c) (b) With respect to medical care benefits furnished to eligible individuals under this
27	chapter, or Title XIX, or Title XXI of the federal Social Security Act, the department executive
28	office is authorized and directed to impose:
29	(i) Nominal co-payments or similar charges upon eligible individuals for non-emergency
30	services provided in a hospital emergency room; and adults over the age of nineteen (19) who are
31	not living with a disability or receiving care and treatment in a facility or eligible for Medicaid
32	pursuant to § 40-8.5-1, or pregnant women, the total of which is not to exceed five (5) percent of
33	annual countable income in a year eligibility period, as follows:
	LC003746 - Page 377 of 621
1	(1) Co-payments in the amount of three dollars ($3.00) for each inpatient hospitalization;
2	and
3	(ii) (2) Co-payments for prescription drugs in the amount of one dollar ($1.00) for
4	generic selected drug prescriptions for the treatment of diabetes, high blood pressure, and high
5	cholesterol and three dollars and sixty-five cents ($3.0065) for brand name all other drug
6	prescriptions in accordance with the provisions of 42 U.S.C. § 1396, et seq. Family planning
7	prescription drugs are exempt from co-payment requirements.
8	(d) (c) The department executive office is authorized and directed to promulgate rules
9	and regulations to impose such co-payments or charges and to provide that, with respect to
10	subdivisions (ii) (i) above, those regulations shall be effective upon filing.
11	(e) (d) No state agency shall pay a vendor for medical benefits provided to a recipient of
12	assistance beneficiary under this chapter until and unless the vendor has submitted a claim for
13	payment to a commercial insurance plan, Medicare, and/or a Medicaid managed care plan, if
14	applicable for that recipient beneficiary, in that order. This includes payments for skilled nursing
15	and therapy services specifically outlined in Chapter 7, 8 and 15 of the Medicare Benefit Policy
16	Manual.
17	(e) Medicaid covered services will not be withheld due to the beneficiary’s inability to
18	pay a co-payment.
19	SECTION 2. Sections 40-8-13.4 and 40-8-19 of the General Laws in Chapter 40-8
20	entitled “Medical Assistance” are hereby amended to read as follows:
21	40-8-13.4. Rate methodology for payment for in state and out of state hospital
22	services.
23	(a) The executive office of health and human services ("executive office") shall
24	implement a new methodology for payment for in-state and out-of-state hospital services in order
25	to ensure access to, and the provision of, high-quality and cost-effective hospital care to its
26	eligible recipients.
27	(b) In order to improve efficiency and cost effectiveness, the executive office shall:
28	(1)(i) With respect to inpatient services for persons in fee-for-service Medicaid, which is
29	non-managed care, implement a new payment methodology for inpatient services utilizing the
30	Diagnosis Related Groups (DRG) method of payment, which is, a patient-classification method
31	that provides a means of relating payment to the hospitals to the type of patients cared for by the
32	hospitals. It is understood that a payment method based on DRG may include cost outlier
33	payments and other specific exceptions. The executive office will review the DRG-payment
34	method and the DRG base price annually, making adjustments as appropriate in consideration of
	LC003746 - Page 378 of 621
1	such elements as trends in hospital input costs; patterns in hospital coding; beneficiary access to
2	care; and the Centers for Medicare and Medicaid Services national CMS Prospective Payment
3	System (IPPS) Hospital Input Price index. For the twelve-month (12) period beginning July 1,
4	2015, the DRG base rate for Medicaid fee-for-service inpatient hospital services shall not exceed
5	ninety-seven and one-half percent (97.5%) of the payment rates in effect as of July 1, 2014.
6	Beginning July 1, 2019, the DRG base rate for Medicaid fee-for-service inpatient hospital
7	services shall be 107.2% of the payment rates in effect as of July 1, 2018. For the twelve (12)
8	month period beginning July 1, 2020, there shall be no increase in the DRG base rate for
9	Medicaid fee-for-service inpatient hospital services. Increases in the Medicaid fee-for-service
10	DRG hospital payments for the twelve-month (12) period beginning July 1, 2020 July 1, 2021
11	shall be based on the payment rates in effect as of July 1 of the preceding fiscal year and shall be
12	inflated by the Centers for Medicare and Medicaid Services national Prospective Payment System
13	(IPPS) Hospital Input Price Index.
14	(ii) With respect to inpatient services, (A) It is required as of January 1, 2011, until
15	December 31, 2011, that the Medicaid managed care payment rates between each hospital and
16	health plan shall not exceed ninety and one tenth percent (90.1%) of the rate in effect as of June
17	30, 2010. Increases in inpatient hospital payments for each annual twelve-month (12) period
18	beginning January 1, 2012, may not exceed the Centers for Medicare and Medicaid Services
19	national CMS Prospective Payment System (IPPS) Hospital Input Price index for the applicable
20	period; (B) Provided, however, for the twenty-four-month (24) period beginning July 1, 2013, the
21	Medicaid managed care payment rates between each hospital and health plan shall not exceed the
22	payment rates in effect as of January 1, 2013, and for the twelve-month (12) period beginning
23	July 1, 2015, the Medicaid managed care payment inpatient rates between each hospital and
24	health plan shall not exceed ninety-seven and one-half percent (97.5%) of the payment rates in
25	effect as of January 1, 2013; (C) Increases in inpatient hospital payments for each annual twelve-
26	month (12) period beginning July 1, 2017, shall be the Centers for Medicare and Medicaid
27	Services national CMS Prospective Payment System (IPPS) Hospital Input Price Index, less
28	Productivity Adjustment, for the applicable period and shall be paid to each hospital retroactively
29	to July 1; (D) Beginning July 1, 2019, the Medicaid managed care payment inpatient rates
30	between each hospital and health plan shall be 107.2% of the payment rates in effect as of
31	January 1, 2019 and shall be paid to each hospital retroactively to July 1; (E) For the twelve (12)
32	month period beginning July 1, 2020, the Medicaid managed care payment rates between each
33	hospital and health plan shall not exceed the payment rates in effect as of January 1, 2020. (F)
34	Increases in inpatient hospital payments for each annual twelve-month (12) period beginning July
	LC003746 - Page 379 of 621
1	1, 2020July 1, 2021, shall be based on the payment rates in effect as of January 1 of the preceding
2	fiscal year, and shall be the Centers for Medicare and Medicaid Services national CMS
3	Prospective Payment System (IPPS) Hospital Input Price Index, less Productivity Adjustment, for
4	the applicable period and shall be paid to each hospital retroactively to July 1. The executive
5	office will develop an audit methodology and process to assure that savings associated with the
6	payment reductions will accrue directly to the Rhode Island Medicaid program through reduced
7	managed care plan payments and shall not be retained by the managed care plans; (FG) All
8	hospitals licensed in Rhode Island shall accept such payment rates as payment in full; and (GH)
9	For all such hospitals, compliance with the provisions of this section shall be a condition of
10	participation in the Rhode Island Medicaid program.
11	(2) With respect to outpatient services and notwithstanding any provisions of the law to
12	the contrary, for persons enrolled in fee-for-service Medicaid, the executive office will reimburse
13	hospitals for outpatient services using a rate methodology determined by the executive office and
14	in accordance with federal regulations. Fee-for-service outpatient rates shall align with Medicare
15	payments for similar services. Notwithstanding the above, there shall be no increase in the
16	Medicaid fee-for-service outpatient rates effective on July 1, 2013, July 1, 2014, or July 1, 2015.
17	For the twelve-month (12) period beginning July 1, 2015, Medicaid fee-for-service outpatient
18	rates shall not exceed ninety-seven and one-half percent (97.5%) of the rates in effect as of July 1,
19	2014. Increases in the outpatient hospital payments for the twelve-month (12) period beginning
20	July 1, 2016, may not exceed the CMS national Outpatient Prospective Payment System (OPPS)
21	Hospital Input Price Index. Beginning July 1, 2019, the Medicaid fee-for-service outpatient rates
22	shall be 107.2% of the payment rates in effect as of July 1, 2018. For the twelve-month (12)
23	period beginning July 1, 2020, Medicaid fee-for-service outpatient rates shall not exceed the rates
24	in effect as of July 1, 2019. Increases in the outpatient hospital payments for the twelve-month
25	(12) period beginning July 1, 2020 July 1, 2021 shall be based on the payment rates in effect as
26	of July 1 of the preceding fiscal year, and shall be the CMS national Outpatient Prospective
27	Payment System (OPPS) Hospital Input Price Index. With respect to the outpatient rate, (i) It is
28	required as of January 1, 2011, until December 31, 2011, that the Medicaid managed-care
29	payment rates between each hospital and health plan shall not exceed one hundred percent
30	(100%) of the rate in effect as of June 30, 2010; (ii) Increases in hospital outpatient payments for
31	each annual twelve-month (12) period beginning January 1, 2012, until July 1, 2017, may not
32	exceed the Centers for Medicare and Medicaid Services national CMS Outpatient Prospective
33	Payment System OPPS hospital price index for the applicable period; (iii) Provided, however, for
34	the twenty-four-month (24) period beginning July 1, 2013, the Medicaid managed care outpatient
	LC003746 - Page 380 of 621
1	payment rates between each hospital and health plan shall not exceed the payment rates in effect
2	as of January 1, 2013, and for the twelve-month (12) period beginning July 1, 2015, the Medicaid
3	managed care outpatient payment rates between each hospital and health plan shall not exceed
4	ninety-seven and one-half percent (97.5%) of the payment rates in effect as of January 1, 2013;
5	(iv) Increases in outpatient hospital payments for each annual twelve-month (12) period
6	beginning July 1, 2017, shall be the Centers for Medicare and Medicaid Services national CMS
7	OPPS Hospital Input Price Index, less Productivity Adjustment, for the applicable period and
8	shall be paid to each hospital retroactively to July 1. Beginning July 1, 2019, the Medicaid
9	managed care outpatient payment rates between each hospital and health plan shall be one
10	hundred seven and two-tenths percent (107.2%) of the payment rates in effect as of January 1,
11	2019 and shall be paid to each hospital retroactively to July 1;. For the twelve (12) month period
12	beginning July 1, 2020, the Medicaid managed-care outpatient payment rates between each
13	hospital and health plan shall not exceed the payment rates in effect as of January 1, 2020. (vi)
14	Increases in outpatient hospital payments for each annual twelve-month (12) period beginning
15	July 1, 2020July 1, 2021, shall be based on the payment rates in effect as of January 1 of the
16	preceding fiscal year, and shall be the Centers for Medicare and Medicaid Services national CMS
17	OPPS Hospital Input Price Index, less Productivity Adjustment, for the applicable period and
18	shall be paid to each hospital retroactively to July 1.
19	(3) "Hospital", as used in this section, shall mean the actual facilities and buildings in
20	existence in Rhode Island, licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter
21	any premises included on that license, regardless of changes in licensure status pursuant to
22	chapter 17.14 of title 23 (hospital conversions) and § 23-17-6(b) (change in effective control),
23	that provides short-term, acute inpatient and/or outpatient care to persons who require definitive
24	diagnosis and treatment for injury, illness, disabilities, or pregnancy. Notwithstanding the
25	preceding language, the Medicaid managed care payment rates for a court-approved purchaser
26	that acquires a hospital through receivership, special mastership or other similar state insolvency
27	proceedings (which court-approved purchaser is issued a hospital license after January 1, 2013)
28	shall be based upon the new rates between the court-approved purchaser and the health plan, and
29	such rates shall be effective as of the date that the court-approved purchaser and the health plan
30	execute the initial agreement containing the new rates. The rate-setting methodology for
31	inpatient-hospital payments and outpatient-hospital payments set forth in subdivisions
32	(b)(1)(ii)(C) and (b)(2), respectively, shall thereafter apply to increases for each annual twelve-
33	month (12) period as of July 1 following the completion of the first full year of the court-
34	approved purchaser's initial Medicaid managed care contract.
	LC003746 - Page 381 of 621
1	(c) It is intended that payment utilizing the DRG method shall reward hospitals for
2	providing the most efficient care, and provide the executive office the opportunity to conduct
3	value-based purchasing of inpatient care.
4	(d) The secretary of the executive office is hereby authorized to promulgate such rules
5	and regulations consistent with this chapter, and to establish fiscal procedures he or she deems
6	necessary, for the proper implementation and administration of this chapter in order to provide
7	payment to hospitals using the DRG-payment methodology. Furthermore, amendment of the
8	Rhode Island state plan for Medicaid, pursuant to Title XIX of the federal Social Security Act, is
9	hereby authorized to provide for payment to hospitals for services provided to eligible recipients
10	in accordance with this chapter.
11	(e) The executive office shall comply with all public notice requirements necessary to
12	implement these rate changes.
13	(f) As a condition of participation in the DRG methodology for payment of hospital
14	services, every hospital shall submit year-end settlement reports to the executive office within one
15	year from the close of a hospital's fiscal year. Should a participating hospital fail to timely submit
16	a year-end settlement report as required by this section, the executive office shall withhold
17	financial-cycle payments due by any state agency with respect to this hospital by not more than
18	ten percent (10%) until said report is submitted. For hospital fiscal year 2010 and all subsequent
19	fiscal years, hospitals will not be required to submit year-end settlement reports on payments for
20	outpatient services. For hospital fiscal year 2011 and all subsequent fiscal years, hospitals will not
21	be required to submit year-end settlement reports on claims for hospital inpatient services.
22	Further, for hospital fiscal year 2010, hospital inpatient claims subject to settlement shall include
23	only those claims received between October 1, 2009, and June 30, 2010.
24	(g) The provisions of this section shall be effective upon implementation of the new
25	payment methodology set forth in this section and § 40-8-13.3, which shall in any event be no
26	later than March 30, 2010, at which time the provisions of §§ 40-8-13.2, 27-19-14, 27-19-15, and
27	27-19-16 shall be repealed in their entirety.
28	SECTION 3. Section 40-8-19 of the General Laws in Chapter 40-8 entitled “Medical
29	Assistance” is hereby amended to read as follows:
30	40-8-19. Rates of payment to nursing facilities.
31	(a) Rate reform.
32	(1) The rates to be paid by the state to nursing facilities licensed pursuant to chapter 17 of
33	title 23, and certified to participate in Title XIX of the Social Security Act for services rendered to
34	Medicaid-eligible residents, shall be reasonable and adequate to meet the costs that must be
	LC003746 - Page 382 of 621
1	incurred by efficiently and economically operated facilities in accordance with 42 U.S.C. §
2	1396a(a)(13). The executive office of health and human services ("executive office") shall
3	promulgate or modify the principles of reimbursement for nursing facilities in effect as of July 1,
4	2011, to be consistent with the provisions of this section and Title XIX, 42 U.S.C. § 1396 et seq.,
5	of the Social Security Act.
6	(2) The executive office shall review the current methodology for providing Medicaid
7	payments to nursing facilities, including other long-term-care services providers, and is
8	authorized to modify the principles of reimbursement to replace the current cost-based
9	methodology rates with rates based on a price-based methodology to be paid to all facilities with
10	recognition of the acuity of patients and the relative Medicaid occupancy, and to include the
11	following elements to be developed by the executive office:
12	(i) A direct-care rate adjusted for resident acuity;
13	(ii) An indirect-care rate comprised of a base per diem for all facilities;
14	(iii) A rearray of costs for all facilities every three (3) years beginning October, 2015, that
15	may or may not result in automatic per diem revisions;
16	(iv) Application of a fair-rental value system;
17	(v) Application of a pass-through system; and
18	(vi) Adjustment of rates by the change in a recognized national nursing home inflation
19	index to be applied on October 1 of each year, beginning October 1, 2012. This adjustment will
20	not occur on October 1, 2013, October 1, 2014, or October 1, 2015, but will occur on April 1,
21	2015. The adjustment of rates will also not occur on October 1, 2017, October 1, 2018, and
22	October 1, 2019, and October 1, 2020. Effective July 1, 2018, rates paid to nursing facilities from
23	the rates approved by the Centers for Medicare and Medicaid Services and in effect on October 1,
24	2017, both fee-for-service and managed care, will be increased by one and one-half percent
25	(1.5%) and further increased by one percent (1%) on October 1, 2018, and further increased by
26	one percent (1%) on October 1, 2019. Effective October 1, 2020, Medicaid payment rates for
27	nursing facilities established pursuant to this section shall be increased by one percent (1%).
28	Consistent with the other provisions of this chapter, nothing in this provision shall require the
29	executive office to restore the rates to those in effect on October 1, 2019, at the end of this
30	twelve-month (12) period. Additionally, the full value of the rate increase effective October 1,
31	2020 will be directed to the Direct Nursing Care component of the rate and nursing facilities must
32	use this additional funding to increase wages paid to direct care staff. The inflation index shall be
33	applied without regard for the transition factors in subsections (b)(1) and (b)(2). For purposes of
34	October 1, 2016, adjustment only, any rate increase that results from application of the inflation
	LC003746 - Page 383 of 621
1	index to subsections (a)(2)(i) and (a)(2)(ii) shall be dedicated to increase compensation for direct-
2	care workers in the following manner: Not less than 85% of this aggregate amount shall be
3	expended to fund an increase in wages, benefits, or related employer costs of direct-care staff of
4	nursing homes. For purposes of this section, direct-care staff shall include registered nurses
5	(RNs), licensed practical nurses (LPNs), certified nursing assistants (CNAs), certified medical
6	technicians, housekeeping staff, laundry staff, dietary staff, or other similar employees providing
7	direct-care services; provided, however, that this definition of direct-care staff shall not include:
8	(i) RNs and LPNs who are classified as "exempt employees" under the Federal Fair Labor
9	Standards Act (29 U.S.C. § 201 et seq.); or (ii) CNAs, certified medical technicians, RNs, or
10	LPNs who are contracted, or subcontracted, through a third-party vendor or staffing agency. By
11	July 31, 2017, nursing facilities shall submit to the secretary, or designee, a certification that they
12	have complied with the provisions of this subsection (a)(2)(vi) with respect to the inflation index
13	applied on October 1, 2016. Any facility that does not comply with terms of such certification
14	shall be subjected to a clawback, paid by the nursing facility to the state, in the amount of
15	increased reimbursement subject to this provision that was not expended in compliance with that
16	certification.
17	(b) Transition to full implementation of rate reform. For no less than four (4) years after
18	the initial application of the price-based methodology described in subsection (a)(2) to payment
19	rates, the executive office of health and human services shall implement a transition plan to
20	moderate the impact of the rate reform on individual nursing facilities. Said transition shall
21	include the following components:
22	(1) No nursing facility shall receive reimbursement for direct-care costs that is less than
23	the rate of reimbursement for direct-care costs received under the methodology in effect at the
24	time of passage of this act; for the year beginning October 1, 2017, the reimbursement for direct-
25	care costs under this provision will be phased out in twenty-five-percent (25%) increments each
26	year until October 1, 2021, when the reimbursement will no longer be in effect; and
27	(2) No facility shall lose or gain more than five dollars ($5.00) in its total, per diem rate
28	the first year of the transition. An adjustment to the per diem loss or gain may be phased out by
29	twenty-five percent (25%) each year; except, however, for the years beginning October 1, 2015,
30	there shall be no adjustment to the per diem gain or loss, but the phase out shall resume
31	thereafter; and
32	(3) The transition plan and/or period may be modified upon full implementation of
33	facility per diem rate increases for quality of care-related measures. Said modifications shall be
34	submitted in a report to the general assembly at least six (6) months prior to implementation.
	LC003746 - Page 384 of 621
1	(4) Notwithstanding any law to the contrary, for the twelve-month (12) period beginning
2	July 1, 2015, Medicaid payment rates for nursing facilities established pursuant to this section
3	shall not exceed ninety-eight percent (98%) of the rates in effect on April 1, 2015. Consistent
4	with the other provisions of this chapter, nothing in this provision shall require the executive
5	office to restore the rates to those in effect on April 1, 2015, at the end of this twelve-month (12)
6	period.
7	SECTION 4. Section 40-8.3-10 of the General Laws in Chapter 40-8.3 entitled
8	"Uncompensated Care" is hereby repealed.
9	40-8.3-10. Hospital adjustment payments.
10	Effective July 1, 2012 and for each subsequent year, the executive office of health and
11	human services is hereby authorized and directed to amend its regulations for reimbursement to
12	hospitals for outpatient services as follows:
13	(a) Each hospital in the state of Rhode Island, as defined in subdivision 23-17-38.1(c)(1),
14	shall receive a quarterly outpatient adjustment payment each state fiscal year of an amount
15	determined as follows:
16	(1) Determine the percent of the state's total Medicaid outpatient and emergency
17	department services (exclusive of physician services) provided by each hospital during each
18	hospital's prior fiscal year;
19	(2) Determine the sum of all Medicaid payments to hospitals made for outpatient and
20	emergency department services (exclusive of physician services) provided during each hospital's
21	prior fiscal year;
22	(3) Multiply the sum of all Medicaid payments as determined in subdivision (2) by a
23	percentage defined as the total identified upper payment limit for all hospitals divided by the sum
24	of all Medicaid payments as determined in subdivision (2); and then multiply that result by each
25	hospital's percentage of the state's total Medicaid outpatient and emergency department services
26	as determined in subsection (a) (1) to obtain the total outpatient adjustment for each hospital to be
27	paid each year;
28	(4) Pay each hospital on or before July 20, October 20, January 20, and April 20 one
29	quarter (1/4) of its total outpatient adjustment as determined in subsection (a) (3).
30	(b) The amounts determined in subsections (a) are in addition to Medicaid inpatient and
31	outpatient payments and emergency services payments (exclusive of physician services) paid to
32	hospitals in accordance with current state regulation and the Rhode Island Plan for Medicaid
33	Assistance pursuant to Title XIX of the Social Security Act and are not subject to recoupment or
34	settlement.
	LC003746 - Page 385 of 621
1	SECTION 5. Rhode Island Medicaid Reform Act of 2008 Resolution.
2	WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled “The Rhode
3	Island Medicaid Reform Act of 2008”; and
4	WHEREAS, a legislative enactment is required pursuant to Rhode Island General Laws
5	42-12.4-1, et seq.; and
6	WHEREAS, Rhode Island General Law 42-7.2-5(3)(a) provides that the Secretary of
7	Health and Human Services (“Secretary”), of the Executive Office of Health and Human Services
8	(“Executive Office”), is responsible for the review and coordination of any Medicaid section
9	1115 demonstration waiver requests and renewals as well as any initiatives and proposals
10	requiring amendments to the Medicaid state plan or changes as described in the demonstration,
11	“with potential to affect the scope, amount, or duration of publicly-funded health care services,
12	provider payments or reimbursements, or access to or the availability of benefits and services
13	provided by Rhode Island general and public laws”; and
14	WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is
15	fiscally sound and sustainable, the Secretary requests legislative approval of the following
16	proposals to amend the demonstration:
17	Provider rates – Adjustments. The Executive Office proposes to:
18	(i) eliminate the risk share arrangements with the health plans and increase the capitation
19	rates in accordance with actuarial soundness requirements;
20	(ii) increase non-emergency medical transportation rates to ensure access to vital
21	advanced life-support ambulance transport services;
22	(iii) maintain hospital inpatient and outpatient rates that are delivered through managed
23	care and fee-for-service at the fiscal year 2020 levels;
24	(iv) increase rates to be paid to nursing facilities by one percent (1%) on October 1,
25	2020;
26	Perinatal Doula Services. The Executive Office proposes to provide medical assistance
27	health care for expectant mothers. The Executive Office would establish medical assistance
28	coverage and reimbursement rates for perinatal doula services.
29	Implement co-payments for specific populations and services. The Executive Office proposes
30	to institute co-payments for adults (except those in institutions and those who are disabled) on
31	prescription drugs and inpatient hospital stays in managed care and fee-for-service.
32	Implement requirements for RIte Share program. The Executive Office proposes to require
33	for-profit employers with fifty (50) or more employees to submit certain information to the
34	State in order to maximize RIte Share enrollment. Implementation of adjustments may
	LC003746 - Page 386 of 621
1	require amendments to the Rhode Island’s Medicaid state plan and/or section 1115 waiver
2	under the terms and conditions of the demonstration. Further, adoption of new or amended
3	rules, regulations and procedures may also be required.
4	Increase in the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
5	(“BHDDH”) Direct Care Service Worker Wages. To further the long-term care system
6	rebalancing goal of improving access to high quality services in the least restrictive setting, the
7	Executive Office proposes to establish a targeted wage increase for certain community-based
8	BHDDH developmental disability private providers and self-directed consumer direct care
9	service workers to be effective January 1, 2021. Implementation of this initiative may require
10	amendments to the Medicaid State Plan and/or Section 1115 demonstration waiver due to
11	changes in payment methodologies.
12	Federal Financing Opportunities. The Executive Office proposes to review Medicaid
13	requirements and opportunities under the U.S. Patient Protection and Affordable Care Act of
14	2010 (PPACA) and various other recently enacted federal laws and pursue any changes in the
15	Rhode Island Medicaid program that promote service quality, access and cost-effectiveness
16	that may warrant a Medicaid state plan amendment or amendment under the terms and
17	conditions of Rhode Island’s section 1115 waiver, its successor, or any extension thereof.
18	Any such actions by the Executive Office shall not have an adverse impact on beneficiaries or
19	cause there to be an increase in expenditures beyond the amount appropriated for state fiscal
20	year 2020.
21	Now, therefore, be it
22	RESOLVED, the General Assembly hereby approves the proposals stated in (a) through
23	(f) above; and be it further;
24	RESOLVED, the Secretary of the Executive Office is authorized to pursue and
25	implement any 1115 demonstration waiver amendments, Medicaid state plan amendments, and/or
26	changes to the applicable department’s rules, regulations and procedures approved herein and as
27	authorized by Chapter 42-12.4; and be it further;
28	RESOLVED, that this Joint Resolution shall take effect upon passage.
29	SECTION 6. This article shall take effect upon passage.
	LC003746 - Page 387 of 621
1	ARTICLE 15
2	RELATING TO HUMAN SERVICES
3	SECTION 1. Sections 13-8.1-1, 13-8.1-2, 13-8.1-3, 13-8.1-4 of the General Laws in
4	Chapter 13-8 entitled “Medical Parole” are hereby amended to read as follows:
5	13-8.1-1. Short title.
6	This chapter shall be known as the "Medical and Geriatric Parole Act".
7	13-8.1-2. Purpose.
8	(a) Medical parole is made available for humanitarian reasons and to alleviate exorbitant
9	medical expenses associated with inmates whose chronic and incurable illness render their
10	incarceration non-punitive and non-rehabilitative. Notwithstanding other statutory or
11	administrative provisions to the contrary, all prisoners except those serving life without parole
12	shall at any time after they begin serving their sentences be eligible for medical parole
13	consideration, regardless of the crime committed or the sentence imposed.
14	(b) Geriatric parole is made available for humanitarian reasons and to alleviate exorbitant
15	expenses associated with the cost of aging, for inmates whose advanced age reduces the risk that
16	they pose to the public safety. Notwithstanding other statutory or administrative provisions to the
17	contrary, all prisoners except those serving life without parole shall be eligible for geriatric parole
18	consideration upon serving the lesser of ten (10) years of the sentence or seventy-five percent
19	(75%) of the total sentence, regardless of the crime committed or the sentence imposed.
20	13-8.1-3. Definitions.
21	(a) "Permanently physically incapacitated" means suffering from a physical condition caused
22	by injury, disease, illness, or cognitive insult such as dementia or persistent vegetative state,
23	which, to a reasonable degree of medical certainty, permanently and irreversibly physically
24	incapacitates the individual to the extent that the individual needs help with most of the activities
25	that are necessary for independence such as feeding, toileting, dressing, and bathing and
26	transferring, or no significant physical activity is possible, and the individual is confined to bed or
27	a wheelchair or suffering from an incurable, progressive condition that substantially diminishes
28	the individual’s capacity to function in a correctional setting.
29	(b) “Cognitively incapacitated” means suffering from a cognitive condition such as dementia
30	which greatly impairs activities that are necessary for independence such as feeding, toileting,
31	dressing, and bathing and renders their incarceration non-punitive and non-rehabilitative.
32	(b) (c) "Terminally ill" means suffering from a condition caused by injury (except self-
33	inflicted injury), disease, or illness which, to a reasonable degree of medical certainty, is a life-
	LC003746 - Page 388 of 621
1	limiting diagnosis that will lead to profound functional, cognitive and/or physical decline, and
2	likely will result in death within eighteen (18) months.
3	(c) (d) "Severely ill" means suffering from a significant and permanent or chronic physical
4	and/or mental condition that: (1) Requires extensive medical and/or psychiatric treatment with
5	little to no possibility of recovery; and (2) Precludes significant Significantly impairs
6	rehabilitation from further incarceration.
7	(e) “Aging prisoner” means an individual who is sixty-five (65) years of age or older and
8	suffers from functional impairment, infirmity, or illness, and has served, in actual custody, the
9	lesser of ten (10) years of the sentence or seventy-five percent (75%) of the total sentence.
10	13-8.1-4. Procedure.
11	(a) The parole board is authorized to grant medical parole release of a prisoner, except a
12	prisoner serving life without parole, at any time, who is determined to be terminally ill, severely
13	ill, or permanently physically or cognitively incapacitated within the meaning of § 13-8.1-
14	3(a)(b)(c) and (d). Inmates who are severely ill will only be considered for such release when
15	their treatment causes the state to incur exorbitant expenses as a result of continued and frequent
16	medical treatment during their incarceration, as determined by the office of financial resources of
17	the department of corrections.
18	(b) The parole board is authorized to grant geriatric parole release of a prisoner, except a
19	prisoner serving life without parole, who is an aging prisoner within the meaning of § 13-8.1-3(e)
20	or under medical parole as outlined by § 13-8.1-2.
21	(b) (c) In order to apply for this relief, the prisoner or his or her family member or friend,
22	with an attending physician's written approval, or an attending physician, on behalf of the
23	prisoner, shall file an application with the director of the department of corrections. Within
24	seventy-two (72) hours after the filing of any application, the director shall refer the application to
25	the health service unit of the department of corrections for a medical report and a medical or
26	geriatric discharge plan to be completed within ten (10) days. Upon receipt of the medical
27	discharge plan, the director of the department of corrections shall immediately transfer the
28	medical discharge plan, together with the application, to the parole board for its consideration and
29	decision.
30	(c) (d) The report shall contain, at a minimum, the following information:
31	(1) Diagnosis of the prisoner's medical conditions, including related medical history;
32	(2) Detailed description of the conditions and treatments;
33	(3) Prognosis, including life expectancy, likelihood of recovery, likelihood of improvement,
34	mobility and trajectory and rate of debilitation;
	LC003746 - Page 389 of 621
1	(4) Degree of incapacity or disability, including an assessment of whether the prisoner is
2	ambulatory, capable of engaging in any substantial physical activity, ability to independently
3	provide for their daily life activities, and the extent of that activity;
4	(5) An opinion from the medical director as to whether the person is terminally ill, and if so,
5	the stage of the illness, or whether the person is permanently physically or cognitively
6	incapacitated, or severely ill, or an aging prisoner. If the medical director's opinion is that the
7	person is not terminally ill, permanently, physically or cognitively incapacitated, or severely ill,
8	or an aging prisoner as defined in § 13-8.1-3, the petition for medical or geriatric parole shall not
9	be forwarded to the parole board.
10	(6) In the case of a severely ill inmate, the report shall also contain a determination from the
11	office of financial resources that the inmate's illness causes the state to incur exorbitant expenses
12	as a result of continued and frequent medical treatment during incarceration.
13	(d)(e) When the director of corrections refers a prisoner to the parole board for medical or
14	geriatric parole, the director shall provide to the parole board a medical discharge plan that is
15	acceptable to the parole board.
16	(e)(f) The department of corrections and the parole board shall jointly develop standards
17	for the medical or geriatric discharge plan that are appropriately adapted to the criminal justice
18	setting. The discharge plan should ensure at the minimum that:
19	(1) An appropriate placement for the prisoner has been secured, including, but not limited to:
20	a hospital, nursing facility, hospice, or family home;
21	(2) A referral has been made for the prisoner to secure a source for payment of the prisoner's
22	medical expenses;
23	(3) A parole officer has been assigned to periodically obtain updates on the prisoner's medical
24	condition to report back to the board.
25	(f)(g) If the parole board finds from the credible medical evidence that the prisoner is
26	terminally ill, permanently physically or cognitively incapacitated, or severely ill, or an aging
27	prisoner, the board shall grant release to the prisoner but only after the board also considers
28	whether, in light of the prisoner's medical condition, there is a reasonable probability that the
29	prisoner, if released, will live and remain at liberty without violating the law, and that the release
30	is compatible with the welfare of society and will not so depreciate the seriousness of the crime as
31	to undermine respect for the law. Notwithstanding any other provision of law, medical release
32	may be granted an any time during the term of a prisoner’s sentence and geriatric release may be
33	granted when the prisoner has served the lesser of ten (10) years of the sentence or seventy-five
34	percent (75%) of the total sentence.
	LC003746 - Page 390 of 621
1	(g)(h) There shall be a presumption that the opinion of the physician and/or medical
2	director will be accepted. However, the applicant, the physician, the director, or the parole board
3	may request an independent medical evaluation within seven (7) days after the physician's and/or
4	medical director's report is presented. The evaluation shall be completed and a report, containing
5	the information required by subsection (b) of this section, filed with the director and the parole
6	board, and a copy sent to the applicant within fourteen (14) days from the date of the request.
7	(h)(i) Within seven (7) days of receiving the application, the medical or geriatric report
8	and the discharge plan, the parole board shall determine whether the application, on its face,
9	demonstrates that relief may be warranted. If the face of the application clearly demonstrates that
10	relief is unwarranted, the board may deny the application without a hearing or further
11	proceedings, and within seven (7) days shall notify the prisoner in writing of its decision to deny
12	the application, setting forth its factual findings and a brief statement of the reasons for denying
13	release without a hearing. Denial of release does not preclude the prisoner from reapplying for
14	medical or geriatric parole after the expiration of sixty (60) days. A reapplication under this
15	section must demonstrate a material change in circumstances.
16	(i)(j)(1) Upon receipt of the application from the director of the department of corrections
17	the parole board shall, except as provided in subsection (h) (i) of this section, set the case for a
18	hearing within thirty (30) days;
19	(2) Notice of the hearing shall be sent to the prosecutor and the victim(s), if any, of the
20	offense(s) for which the prisoner is incarcerated, and the prosecutor and the victim(s) shall have
21	the right to be heard at the hearing, or in writing, or both;
22	(3) At the hearing, the prisoner shall be entitled to be represented by an attorney or by the
23	public defender if qualified or other representative.
24	(j)(k) Within seven (7) days of the hearing, the parole board shall issue a written decision
25	granting or denying medical or geriatric parole and explaining the reasons for the decision. If the
26	board determines that medical or geriatric parole is warranted, it shall impose conditions of
27	release, that shall include the following:
28	(1) Periodic medical examinations;
29	(2) Periodic reporting to a parole officer, and the reporting interval;
30	(3) Any other terms or conditions that the board deems necessary; and
31	(4) In the case of a prisoner who is medically or geriatric paroled due to being severely ill, the
32	parole board shall require electronic monitoring as a condition of the medical or geriatric parole,
33	unless the health care plan mandates placement in a medical facility that cannot accommodate the
34	electronic monitoring.
	LC003746 - Page 391 of 621
1	(k)(l) If after release the releasee's condition or circumstances change so that he or she
2	would not then be eligible for medical or geriatric parole, the parole board may order him or her
3	returned to custody to await a hearing to determine whether his or her release should be revoked.
4	A release may also be revoked for violation of conditions otherwise applicable to parole.
5	(l)(m) An annual report shall be prepared by the director of corrections for the parole
6	board and the general assembly. The report shall include:
7	(1) The number of inmates who have applied for medical or geriatric parole;
8	(2) The number of inmates who have been granted medical or geriatric parole;
9	(3) The nature of the illness or cognitive condition of the applicants, and the nature of the
10	placement pursuant to the medical discharge plan;
11	(4) The categories of reasons for denial for those who have been denied;
12	(5) The number of releasees on medical or geriatric parole who have been returned to the
13	custody of the department of corrections and the reasons for return.
14	SECTION 2. Sections 16-21.2-4 and 16-21.2-5 of the General Laws in Chapter 16-21.2
15	entitled "The Rhode Island Substance Abuse Prevention Act" are hereby amended to read as
16	follows:
17	16-21.2-4. Substance abuse prevention program.
18	(a) The department of behavioral healthcare, developmental disabilities and hospitals shall be
19	charged with the administration of this chapter and shall:
20	(i) Identify funding distribution criteria;
21	(ii) Identify criteria for effective substance abuse prevention programs; and
22	(iii) Provide provide grants to assist in the planning, establishment, and operation, and
23	reporting of substance abuse prevention programs. Grants under this section shall be made to
24	municipal governments or their designated agents according to the following guidelines:
25	(1) The maximum grant shall be one hundred twenty-five thousand dollars ($125,000);
26	provided, however, in the event that available funding exceeds $1.6 million in a fiscal year, those
27	surplus funds are to be divided proportionately among the cities and towns on a per capita basis
28	but in no event shall the city of Providence exceed a maximum grant cap of $175,000.00.
29	(2) In order to obtain a grant, the municipality or its designated agent must in the first year:
30	(i) Demonstrate the municipality's need for a comprehensive substance abuse program in the
31	areas of prevention and education.
32	(ii) Demonstrate that the municipality to be provided a grant has established by appropriate
33	legislative or executive action, a substance abuse prevention council which shall assist in
34	assessing the needs and resources of the community, developing a three (3) year plan of action
	LC003746 - Page 392 of 621
1	addressing the identified needs, the operation and implementation of the overall substance abuse
2	prevention program; coordinating existing services such as law enforcement, prevention,
3	treatment, and education; consisting of representatives of the municipal government,
4	representatives of the school system, parents, and human service providers.
5	(iii) Demonstrate the municipality's ability to develop a plan of implementation of a
6	comprehensive three (3) year substance abuse prevention program based on the specific needs of
7	the community to include high risk populations of adolescents, children of substance abusers, and
8	primary education school aged children.
9	(iv) Agree to conduct a survey/questionnaire of the student population designed to establish
10	the extent of the use and abuse of drugs and alcohol in students throughout the local community's
11	school population.
12	(v) Demonstrate that at least twenty percent (20%) of the cost of the proposed program will
13	be contributed either in cash or in-kind by public or private resources within the municipality.
14	(3) Each municipality that receives a grant must demonstrate in an annual written report
15	submitted to the department of behavioral healthcare, developmental disabilities and hospitals that
16	the funding issued is expended on substance abuse prevention programs that reflect the criteria
17	pursuant to subsection (a) of this section.
18	(b) The department of behavioral healthcare, developmental disabilities and hospitals shall
19	adopt rules and regulations necessary and appropriate to carry out the purposes of this section.
20	16-21.2-5. Funding of substance abuse prevention program.
21	(a)(1) Money to fund the Rhode Island Substance Abuse Prevention Act shall be appropriated
22	from state general revenues and shall be raised by assessing an additional penalty of thirty dollars
23	($30.00) for all speeding violations as set forth in § 31-43-5.1 § 31-41.1-4.
24	Money to fund the Rhode Island substance abuse prevention program shall also be
25	appropriated from state general revenues in an amount estimated to be collected by any state or
26	municipal court from civil penalties issued pursuant to §§ 21-28-4.01(c)(2)(iii) and 21-28-
27	4.01(c)(2)(iv) to the extent that the revenues collected are not otherwise specifically appropriated.
28	The appropriated funds shall be further allocated in accordance with the distribution criteria
29	identified by the department of behavioral healthcare, developmental disabilities and hospitals set
30	forth in § 16-21.2-4(a).
31	The money shall be deposited as general revenues. The department of behavioral
32	healthcare, developmental disabilities and hospitals may utilize up to ten percent (10%) of the
33	sums appropriated for the purpose of administering the substance abuse prevention program.
	LC003746 - Page 393 of 621
1	(b) Grants made under this chapter shall not exceed money available in the substance abuse
2	prevention program.
3	SECTION 3. The title of Chapter 16-21.3 of the General Laws entitled "The Rhode
4	Island Student Assistance Junior High/Middle School Act" is hereby amended to read as follows:
5	CHAPTER 16-21.3
6	The Rhode Island Student Assistance Junior High/Middle School Act
7	CHAPTER 16-21.3
8	The Rhode Island Student Assistance High School/Junior High/Middle School Act
9	SECTION 4. Sections 16-21.3-2 and 16-21.3-3 of the General Laws in Chapter 16-21.3
10	entitled "The Rhode Island Student Assistance Junior High/Middle School Act" are hereby
11	amended to read as follows:
12	16-21.3-2. Junior high/middle school student assistance program. High school/junior
13	high/middle school student assistance program.
14	(a) The department of behavioral healthcare, developmental disabilities and hospitals shall be
15	charged with the administration of this chapter and shall:
16	(1) Identify funding distribution criteria;
17	(2) Identify criteria for effective substance abuse prevention programs; and
18	(3) Contract contract with appropriate substance abuse prevention/intervention agencies to
19	provide student assistance services that incorporate the criteria in high school/junior high/middle
20	schools.
21	(b) Following the first complete year of operation, school systems receiving high
22	school/junior high/middle school student assistance services will be required to contribute twenty
23	percent (20%) of the costs of student assistance counselors to the service provider agency in order
24	to continue the services.
25	16-21.3-3. Funding of junior high/middle school student assistance program.
26	Funding of high school/junior high/middle school student assistance program.
27	(a)(1) Money to fund this program shall be raised by assessing an additional substance abuse
28	prevention assessment of thirty dollars ($30.00) for all moving motor vehicle violations handled
29	by the traffic tribunal including, but not limited to, those violations set forth in § 31-41.1-4,
30	except for speeding. The money shall be deposited in a restricted purpose receipt account separate
31	from all other accounts within the department of behavioral healthcare, developmental disabilities
32	and hospitals. The restricted purpose receipt account shall be known as the high school/junior
33	high/middle school student assistance fund and the traffic tribunal shall transfer money from the
34	high school/junior high/middle school student assistance fund to the department of behavioral
	LC003746 - Page 394 of 621
1	healthcare, developmental disabilities and hospitals for the administration of the Rhode Island
2	Student Assistance High School/Junior High/Middle School Act.
3	(2) Money to fund the Rhode Island substance abuse prevention program shall also be
4	appropriated from state general revenues in an amount estimate to be collected by any state or
5	municipal court from civil penalties issued pursuant to §§ 21-28-4.01(c)(2)(iii) and 21-28-
6	4.01(c)(2)(iv) to the extent that the revenues collected are not otherwise specifically appropriated.
7	The appropriated funds shall be allocated in accordance with the distribution criteria identified by
8	the department of behavioral healthcare, developmental disabilities and hospitals set forth in § 16-
9	21.2-4(a).
10	(b) The department of behavioral healthcare, developmental disabilities and hospitals may
11	utilize up to ten percent (10%) of the sums collected from the additional penalty for the purpose
12	of administering the program.
13	SECTION 5. Section 21-28-4.01 of the General Laws in Chapter 21-28 entitled "Uniform
14	Controlled Substances Act" is hereby amended to read as follows:
15	21-28-4.01. Prohibited acts A -- Penalties.
16	(a)(1) Except as authorized by this chapter, it shall be unlawful for any person to
17	manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.
18	(2) Any person who is not a drug-addicted person, as defined in § 21-28-1.02(20), who
19	violates this subsection with respect to a controlled substance classified in schedule I or II, except
20	the substance classified as marijuana, is guilty of a crime and, upon conviction, may be
21	imprisoned to a term up to life or fined not more than five hundred thousand dollars ($500,000)
22	nor less than ten thousand dollars ($10,000), or both.
23	(3) Where the deliverance as prohibited in this subsection shall be the proximate cause of
24	death to the person to whom the controlled substance is delivered, it shall not be a defense that
25	the person delivering the substance was, at the time of delivery, a drug-addicted person as defined
26	in § 21-28-1.02(20).
27	(4) Any person, except as provided for in subdivision (2) of this subsection, who violates this
28	subsection with respect to:
29	(i) A controlled substance, classified in schedule I or II, is guilty of a crime and, upon
30	conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one
31	hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;
32	(ii) A controlled substance, classified in schedule III or IV, is guilty of a crime and, upon
33	conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty
34	thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in
	LC003746 - Page 395 of 621
1	schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not
2	more than twenty thousand dollars ($20,000), or both.
3	(iii) A controlled substance, classified in schedule V, is guilty of a crime and, upon
4	conviction, may be imprisoned for not more than one year, or fined not more than ten thousand
5	dollars ($10,000), or both.
6	(b)(1) Except as authorized by this chapter, it is unlawful for any person to create, deliver, or
7	possess with intent to deliver, a counterfeit substance.
8	(2) Any person who violates this subsection with respect to:
9	(i) A counterfeit substance, classified in schedule I or II, is guilty of a crime and, upon
10	conviction, may be imprisoned for not more than thirty (30) years, or fined not more than one
11	hundred thousand dollars ($100,000), or both;
12	(ii) A counterfeit substance, classified in schedule III or IV, is guilty of a crime and, upon
13	conviction, may be imprisoned for not more than twenty (20) years, or fined not more than forty
14	thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in
15	schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not
16	more than twenty thousand dollars ($20,000), or both.
17	(iii) A counterfeit substance, classified in schedule V, is guilty of a crime and, upon
18	conviction, may be imprisoned for not more than one year, or fined not more than ten thousand
19	dollars ($10,000), or both.
20	(c)(1) It shall be unlawful for any person knowingly or intentionally to possess a controlled
21	substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or
22	order of a practitioner while acting in the course of his or her professional practice, or except as
23	otherwise authorized by this chapter.
24	(2) Any person who violates this subsection with respect to:
25	(i) A controlled substance classified in schedules I, II and III, IV, and V, except the substance
26	classified as marijuana, is guilty of a crime and, upon conviction, may be imprisoned for not more
27	than three (3) years, or fined not less than five hundred dollars ($500) nor more than five
28	thousand dollars ($5,000), or both;
29	(ii) More than one ounce (1 oz.) of a controlled substance classified in schedule I as
30	marijuana is guilty of a misdemeanor, except for those persons subject to (a)(1), and, upon
31	conviction, may be imprisoned for not more than one year, or fined not less than two hundred
32	dollars ($200) nor more than five hundred dollars ($500), or both.
33	(iii) Notwithstanding any public, special, or general law to the contrary, the possession of one
34	ounce (1 oz.) or less of marijuana by a person who is eighteen (18) years of age or older, and who
	LC003746 - Page 396 of 621
1	is not exempted from penalties pursuant to chapter 28.6 of this title, shall constitute a civil
2	offense, rendering the offender liable to a civil penalty in the amount of one hundred fifty dollars
3	($150) and forfeiture of the marijuana, but not to any other form of criminal or civil punishment
4	or disqualification. Notwithstanding any public, special, or general law to the contrary, this civil
5	penalty of one hundred fifty dollars ($150) and forfeiture of the marijuana shall apply if the
6	offense is the first (1st) or second (2nd) violation within the previous eighteen (18) months.
7	(iv) Notwithstanding any public, special, or general law to the contrary, possession of one
8	ounce (1 oz.) or less of marijuana by a person who is seventeen (17) years of age or older and
9	under the age of eighteen (18) years, and who is not exempted from penalties pursuant to chapter
10	28.6 of this title, shall constitute a civil offense, rendering the offender liable to a civil penalty in
11	the amount of one hundred fifty dollars ($150) and forfeiture of the marijuana; provided the
12	minor offender completes an approved, a drug-awareness program approved by director of the
13	department of behavioral healthcare, developmental disabilities and hospitals or his or her
14	designee, and community service as determined by the court. If the person seventeen (17) years
15	of age or older and under the age of eighteen (18) years fails to complete an approved, drug-
16	awareness program and community service within one year of the disposition, the penalty shall be
17	a three hundred dollar ($300) civil fine and forfeiture of the marijuana, except that if no drug-
18	awareness program or community service is available, the penalty shall be a fine of one hundred
19	fifty dollars ($150) and forfeiture of the marijuana. The parents or legal guardian of any offender
20	seventeen (17) years of age or older and under the age of eighteen (18) shall be notified of the
21	offense and the availability of a drug-awareness and community-service program. The drug-
22	awareness program must be approved by the court, but shall, at a minimum, provide four (4)
23	hours of instruction or group discussion and ten (10) hours of community service.
24	Notwithstanding any other public, special, or general law to the contrary, this civil penalty shall
25	apply if the offense is the first or second violation within the previous eighteen (18) months.
26	(v) Notwithstanding any public, special, or general law to the contrary, a person not exempted
27	from penalties pursuant to chapter 28.6 of this title found in possession of one ounce (1 oz.) or
28	less of marijuana is guilty of a misdemeanor and, upon conviction, may be imprisoned for not
29	more than thirty (30) days, or fined not less than two hundred dollars ($200) nor more than five
30	hundred dollars ($500), or both, if that person has been previously adjudicated on a violation for
31	possession of less than one ounce (1 oz.) of marijuana under (c)(2)(iii) or (c)(2)(iv) two (2) times
32	in the eighteen (18) months prior to the third (3rd) offense.
	LC003746 - Page 397 of 621
1	(vi) Any unpaid civil fine issued under (c)(2)(iii) or (c)(2)(iv) shall double to three hundred
2	dollars ($300) if not paid within thirty (30) days of the disposition. The civil fine shall double
3	again to six hundred dollars ($600) if it has not been paid within ninety (90) days.
4	(vii) No person may be arrested for a violation of (c)(2)(iii) or (c)(2)(iv) of this subsection
5	except as provided in this subparagraph. Any person in possession of an identification card,
6	license, or other form of identification issued by the state or any state, city, or town, or any
7	college or university, who fails to produce the same upon request of a police officer who informs
8	the person that he or she has been found in possession of what appears to the officer to be one
9	ounce (1 oz.) or less of marijuana, or any person without any such forms of identification who
10	fails or refuses to truthfully provide his or her name, address, and date of birth to a police officer
11	who has informed such person that the officer intends to provide such individual with a citation
12	for possession of one ounce (1 oz.) or less of marijuana, may be arrested.
13	(viii) No violation of (c)(2)(iii) or (c)(2)(iv) of this subsection shall be considered a violation
14	of parole or probation.
15	(ix) Any records collected by any state agency, tribunal, or the family court that include
16	personally identifiable information about violations of (c)(2)(iii) or (c)(2)(iv) shall not be open to
17	public inspection in accordance with § 8-8.2-21.
18	(3) Jurisdiction. Any and all violations of (c)(2)(iii) and (c)(2)(iv) shall be the exclusive
19	jurisdiction of the Rhode Island traffic tribunal. All money associated with the civil fine issued
20	under (c)(2)(iii) or (c)(2)(iv) shall be payable to the Rhode Island traffic tribunal. Fifty percent
21	(50%) of all fines collected by the Rhode Island traffic tribunal from civil penalties issued
22	pursuant to (c)(2)(iii) or (c)(2)(iv) shall be expended on drug-awareness and treatment programs
23	for youth deposited as general revenues, with the estimated amount of fines to be collected to be
24	allocated to the department of behavioral healthcare, developmental disabilities and hospitals
25	(BHDDH) and used to fund substance abuse prevention programs and student assistance
26	programs for youth pursuant to chapters 21.2 and 21.3 of title 16, and in accordance with the
27	criteria set forth in §§ 16-21.2-4(a) and 16-21.3-2(a).
28	(4) Additionally, every person convicted or who pleads nolo contendere under (c)(2)(i) or
29	convicted or who pleads nolo contendere a second or subsequent time under (c)(2)(ii), who is not
30	sentenced to a term of imprisonment to serve for the offense, shall be required to:
31	(i) Perform up to one hundred (100) hours of community service;
32	(ii) Attend and complete a drug-counseling and education program, as prescribed, by the
33	director of the department of behavioral healthcare, developmental disabilities and hospitals and
34	pay the sum of four hundred dollars ($400) to help defray the costs of this program which shall be
	LC003746 - Page 398 of 621
1	deposited as general revenues, with the estimated amount to be collected to be allocated to the
2	department of behavioral healthcare, developmental disabilities and hospitals (BHDDH) to fund
3	substance abuse prevention programs and student assistance programs for youth pursuant to
4	chapters 21.2 and 21.3 of title 16 and in accordance with the criteria set forth in §§ 16-21.2-4(a)
5	and 16-21.3-2(a). Failure to attend may result, after hearing by the court, in jail sentence up to
6	one year;
7	(iii) The court shall not suspend any part or all of the imposition of the fee required by this
8	subsection, unless the court finds an inability to pay;
9	(iv) If the offense involves the use of any automobile to transport the substance or the
10	substance is found within an automobile, then a person convicted or who pleads nolo contendere
11	under (c)(2)(i) and (c)(2)(ii) shall be subject to a loss of license for a period of six (6) months for
12	a first offense and one year for each offense after.
13	(5) All fees assessed and collected pursuant to (c)(3)(ii) subsection (c)(4)(ii) of this section
14	shall be deposited as general revenues, with the estimated amount of fees to be collected to be
15	allocated to the department of behavioral healthcare, developmental disabilities and hospitals
16	(BHDDH) to fund substance abuse prevention programs and student assistance programs for
17	youth pursuant to chapters 21.2 and 21.3 of title 16 and in accordance with the criteria set forth in
18	§§ 16-21.2-4(a) and 16-21.3-2(a) and shall be collected from the person convicted or who pleads
19	nolo contendere before any other fines authorized by this chapter.
20	(d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to
21	manufacture or distribute, an imitation controlled substance. Any person who violates this
22	subsection is guilty of a crime and, upon conviction, shall be subject to the same term of
23	imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the
24	controlled substance that the particular imitation controlled substance forming the basis of the
25	prosecution was designed to resemble and/or represented to be; but in no case shall the
26	imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars
27	($20,000).
28	(e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an
29	anabolic steroid or human growth hormone for: (1) Enhancing performance in an exercise, sport,
30	or game, or (2) Hormonal manipulation intended to increase muscle mass, strength, or weight
31	without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor
32	and, upon conviction, may be imprisoned for not more than six (6) months or a fine of not more
33	than one thousand dollars ($1,000), or both.
	LC003746 - Page 399 of 621
1	(f) It is unlawful for any person to knowingly or intentionally possess, manufacture,
2	distribute, or possess with intent to manufacture or distribute, any extract, compound, salt
3	derivative, or mixture of salvia divinorum or datura stramonium or its extracts unless the person
4	is exempt pursuant to the provisions of § 21-28-3.30. Notwithstanding any laws to the contrary,
5	any person who violates this section is guilty of a misdemeanor and, upon conviction, may be
6	imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000), or
7	both. The provisions of this section shall not apply to licensed physicians, pharmacists, and
8	accredited hospitals and teaching facilities engaged in the research or study of salvia divinorum or
9	datura stramonium and shall not apply to any person participating in clinical trials involving the
10	use of salvia divinorum or datura stramonium.
11	SECTION 6. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled
12	"Adjudication of Traffic Offenses" is hereby amended to read as follows:
13	31-41.1-4. Schedule of violations.
14	(a) The penalties for violations of the enumerated sections, listed in numerical order,
15	correspond to the fines described. However, those offenses for which punishments may vary
16	according to the severity of the offense, or punishment that require the violator to perform a
17	service, shall be heard and decided by the traffic tribunal or municipal court. The following
18	violations may be handled administratively through the method prescribed in this chapter. This
19	list is not exclusive and jurisdiction may be conferred on the traffic tribunal with regard to other
20	violations.
21	VIOLATIONS SCHEDULE
22	Section of
23	General Laws Total Fine
24	8-8.2-2 DOT, DEM, or other agency and department violations
25	$85.00
26	24-10-17 Soliciting rides in motor vehicles
27	85.00
28	24-10-18 Backing up prohibited
29	85.00
30	24-10-20 Park and ride lots
31	85.00
32	24-12-37 Nonpayment of toll
33	100.00
	LC003746 - Page 400 of 621
1	31-3-12 Visibility of plates
2	85.00
3	31-3-18 Display of plates 85.00
4	31-3-32 Driving with expired registration 85.00
5	31-3-34 Failure to notify division of change of address 85.00
6	31-3-35 Notice of change of name 85.00
7	31-3-40 Temporary plates – dealer issued 85.00
8	31-4-3 Temporary registration – twenty-day (20) bill of sale 85.00
9	31-10-10 Rules as to armed forces license 85.00
10	31-10-30 Driving on expired license 85.00
11	31-10-32 Notice of change of address 85.00
12	31-10.1-4 No motorcycle helmet (operator) 85.00
13	31-10.1-5 Motorcycle handlebar violation 85.00
14	31-10.1-6 No motorcycle helmet (passenger) 85.00
15	31-10.1-7 Inspection of motorcycle required 85.00
16	31-12-12 Local motor vehicle ordinance 85.00
17	31-13-4 Obedience to devices 85.00
18	31-13-6(3)(i) Eluding traffic light 85.00
19	31-13-9 Flashing signals 85.00
20	31-13-11 Injury to signs or devices 85.00
21	31-14-1 Reasonable and prudent speed 95.00
22	31-14-3 Condition requiring reduced speed 95.00
23	31-14-9 Below minimum speed 95.00
24	31-14-12 Speed limit on bridges and structures 95.00
25	31-15-1 Leaving lane of travel 85.00
26	31-15-2 Slow traffic to right 85.00
27	31-15-3 Operator left of center 85.00
28	31-15-4 Overtaking on left 85.00
29	31-15-5(a) Overtaking on right 85.00
30	31-15-6 Clearance for overtaking 85.00
31	31-15-7 Places where overtaking prohibited 85.00
32	31-15-8 No passing zone 85.00
33	31-15-9 One way highways 85.00
34	31-15-10 Rotary traffic islands 85.00
	LC003746 - Page 401 of 621
1	31-15-11 Laned roadway violation 85.00
2	31-15-12 Following too closely 85.00
3	31-15-12.1 Entering intersection 100.00
4	31-15-13 Crossing center section of divided highway 85.00
5	31-15-14 Entering or leaving limited access roadways 85.00
6	31-15-16 Use of emergency break-down lane for travel 85.00
7	31-15-17 Crossing bicycle lane 85.00
8	31-15-18 Unsafe passing of person operating a bicycle 85.00
9	31-16-1 Care in starting from stop 85.00
10	31-16-2 Manner of turning at intersection 85.00
11	31-16-4 U turn where prohibited 85.00
12	31-16-5 Turn signal required 85.00
13	31-16-6 Time of signaling turn 85.00
14	31-16-7 Failure to give stop signal 85.00
15	31-16-8 Method of giving signals 85.00
16	31-16.1-3 Diesel vehicle idling rules
17	first offense not to exceed 100.00
18	second and subsequent offense not to exceed 500.00
19	31-17-1 Failure to yield right of way 85.00
20	31-17-2 Vehicle turning left 85.00
21	31-17-3 Yield right of way (intersection) 85.00
22	31-17-4 Obedience to stop signs 85.00
23	31-17-5 Entering from private road or driveway 85.00
24	31-17-8 Vehicle within right of way, rotary 85.00
25	31-17-9 Yielding to bicycles on bicycle lane 85.00
26	31-18-3 Right of way in crosswalks
27	85.00 first violation
28	100.00 second
29	violation or any
30	subsequent violation
31	31-18-5 Crossing other than at crosswalks 85.00
32	31-18-8 Due care by drivers 85.00
33	31-18-12 Hitchhiking 85.00
34	31-18-18 Right of way on sidewalks 85.00
	LC003746 - Page 402 of 621
1	31-19-3 Traffic laws applied to bicycles 85.00
2	31-19-20 Sale of new bicycles 85.00
3	31-19-21 Sale of used bicycles 85.00
4	31-19.1-2 Operating motorized bicycle on an interstate highway 85.00
5	31-19.2-2 Operating motorized tricycle on an interstate highway 85.00
6	31-20-1 Failure to stop at railroad crossing 85.00
7	31-20-2 Driving through railroad gate 85.00
8	31-20-9 Obedience to stop sign 85.00
9	31-21-4 Places where parking or stopping prohibited 85.00
10	31-21-14 Opening of vehicle doors 85.00
11	31-21-18 Electric vehicle charging station restriction 85.00
12	31-22-2 Improper backing up 85.00
13	31-22-4 Overloading vehicle 85.00
14	31-22-5 Violation of safety zone 85.00
15	31-22-6 Coasting 85.00
16	31-22-7 Following fire apparatus 85.00
17	31-22-8 Crossing fire hose 85.00
18	31-22-9 Throwing debris on highway – snow removal 85.00
19	31-22-11.5 Improper use of school bus – not to exceed five
20	hundred dollars
21	($500) for each day
22	of improper use
23	31-22-22(a) No child restraint 85.00
24	31-22-22(a) Child restraint/seat belt but not in any rear seating position 85.00
25	31-22-22(b), (f) No seat belt – passenger 40.00
26	31-22-22(g) No seat belt – operator 40.00
27	31-22-23 Tow trucks – proper identification 275.00
28	31-22-24 Operation of interior lights 85.00
29	31-23-1(b)(2) U.S. department of transportation motor carrier safety
30	rules and regulations Not less than $85.00
31	or more than $500.00
32	31-23-1(e)(6) Removal of an "out of service vehicle" sticker 125.00
33	31-23-1(e)(7) Operation of an "out of service vehicle" 100.00
34	31-23-2(b) Installation or adjustment of unsafe or prohibited
	LC003746 - Page 403 of 621
1	parts, equipment, or accessories: (first offense) 250.00
2	(second offense) 500.00
3	(third and subsequent
4	offenses) 1,000.00
5	31-23-4 Brake equipment required 85.00
6	31-23-8 Horn required 85.00
7	31-23-10 Sirens prohibited 85.00
8	31-23-13 Muffler required 85.00
9	31-23-13.1 Altering height or operating a motor vehicle with an
10	altered height 85.00
11	31-23-14 Prevention of excessive fumes or smoke 85.00
12	31-23-16 Windshield and window stickers (visibility) 85.00
13	31-23-17 Windshield wipers 85.00
14	31-23-19 Metal tires prohibited 85.00
15	31-23-20 Protuberances on tires 85.00
16	31-23-26 Fenders and wheel flaps required 85.00
17	31-23-27 Rear wheel flaps on buses, trucks, and trailers 85.00
18	31-23-29 Flares or red flag required over
19	four thousand pounds (4,000 lbs.) 85.00
20	31-23-40 Approved types of seat belt requirements 85.00
21	31-23-42.1 Special mirror – school bus 85.00
22	31-23-43 Chocks required (1 pair) – over
23	four thousand pounds (4,000 lbs.) 85.00
24	31-23-45 Tire treads – defective tires 85.00
25	31-23-47 Slow moving emblem required 85.00
26	31-23-49 Transportation of gasoline – passenger vehicle 85.00
27	31-23-51 Operating bike or motor vehicle
28	wearing ear phones 85.00 (first offense)
29	95.00 second offense
30	140.00 for the third
31
32	and each subsequent
33	offense
34	31-24-1 Times when lights required 85.00
	LC003746 - Page 404 of 621
1	through
2	31-24-54
3	31-25-3 Maximum width of one hundred
4	and two inches (102") exceeded 85.00
5	31-25-4 Maximum height of one hundred
6	sixty-two inches (162") exceeded 85.00
7	31-25-6 Maximum number and length of coupled vehicles 500.00
8	31-25-7 Load extending three feet (3') front, six feet (6') rear exceeded 85.00
9	31-25-9 Leaking load 85.00
10	31-25-11 Connections between coupled vehicles 85.00
11	31-25-12 Towing chain, twelve-inch (12") square flag required 85.00
12	31-25-12.1 Tow truck – use of lanes (first offense) 85.00
13	second offense 95.00
14	for the third and each subsequent offense 100.00
15	31-25-14(d)(1) Maximum weight and tandem axles 125.00
16	31-25-14(d)(2) Maximum weight and tandem axles 125.00
17	31-25-14(d)(3) Maximum weight and tandem axles 125.00
18	31-25-16(c)(2) Maximum weight shown in registration 85.00 per
19	thousand lbs.
20	overweight or
21	portion thereof.
22	31-25-16(c)(3) Maximum weight shown in registration 125.00 per
23	thousand lbs.
24	overweight or
25	portion thereof.
26	31-25-16(c)(4) Maximum weight shown in registration 1,025.00 plus
27	$125.00 per
28	thousand
29	pounds
30	overweight or
31	portion thereof.
32	31-25-17 Identification of trucks and truck-tractors (first offense) 85.00
33	(second offense) 95.00
	LC003746 - Page 405 of 621
1	125.00 for the third and
2	subsequent offenses
3	31-25-24 Carrying and inspection of excess load limit 175.00
4	31-25-27(c) Maximum axle 3,000.00 (first offense)
5	not to exceed
6	5,000.00 for each
7	and every
8	subsequent offense
9	31-25-30 Maximum axle Pawtucket River Bridge and
10	Sakonnet River Bridge 3,000.00 (first
11	offense) not to
12	exceed 5,000.00 for
13	each and every
14	subsequent offense
15	31-27-2.3 Refusal to take preliminary breath test 85.00
16	31-28-7(d) Wrongful use of handicapped parking placard 500.00
17	31-28-7(f) Handicapped parking space violation:
18	First offense 100.00
19	Second offense 175.00
20	Third offense and subsequent offenses 325.00
21	31-28-7.1(e) Wrongful use of institutional
22	handicapped parking placard 125.00
23	31-33-2 Failure to file accident report 85.00
24	31-36.1-17 No fuel tax stamp (out-of-state)
25	85.00 and not
26	exceeding ($100) for
27	subsequent offense
28	31-38-3 No inspection sticker 85.00
29	31-38-4 Violation of inspection laws 85.00
30	31-41.3-15 Automated school-zone-speed-enforcement system 50.00
31	31-47.2-6 Heavy-duty vehicle emission inspections:
32	First offense 125.00
33	Second offense 525.00
34	Third and subsequent offenses 1,025.00
	LC003746 - Page 406 of 621
1	37-15-7 Littering not less than 55.00
2	not more than five
3	hundred dollars
4	($500)
5	39-12-26 Public carriers violation 300.00
6	SPEEDING Fine
7	Speeding Fine
8	(A) One to ten miles per hour (1-10 mph)
9	in excess of posted speed limit
10	$
11	95.00
12	(B) Eleven miles per hour (11 mph) in excess
13	of posted speed limit with a fine of
14	ten dollars ($10.00) per mile in excess
15	of speed limit shall be assessed. 205.00
16	minimum
17	(b) In addition to any other penalties provided by law, a judge may impose the following
18	penalties for speeding:
19	(1) For speeds up to and including ten miles per hour (10 mph) over the posted speed limit on
20	public highways, a fine as provided for in subsection (a) of this section for the first offense; ten
21	dollars ($10.00) per mile for each mile in excess of the speed limit for the second offense if
22	within twelve (12) months of the first offense; and fifteen dollars ($15.00) per mile for each mile
23	in excess of the speed limit for the third and any subsequent offense if within twelve (12) months
24	of the first offense. In addition, the license may be suspended up to thirty (30) days.
25	(2) For speeds in excess of ten miles per hour (10 mph) over the posted speed limit on public
26	highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for the first
27	offense; fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the second
28	offense if within twelve (12) months of the first offense; and twenty dollars ($20.00) per mile for
29	each mile in excess of the speed limit for the third and subsequent offense if within twelve (12)
30	months of the first offense. In addition, the license may be suspended up to sixty (60) days.
31	(c) Except for a technology surcharge assessed in accordance with § 8-15-11 and assessments
32	collected under §16-21.2-5 and §16-21.3-3, any person charged with a violation who pays the fine
33	administratively pursuant to this chapter shall not be subject to any additional costs or
34	assessments, including, but not limited to, the hearing fee established in § 8-18-4.
	LC003746 - Page 407 of 621
1	SECTION 7. Effective July 1, 2020, section 40-5.2-8 of the General Laws in Chapter 40-
2	5.2 entitled “The Rhode Island Works Program” are hereby amended to read as follows:
3	40-5.2-8. Definitions.
4	(a) As used in this chapter, the following terms having the meanings set forth herein, unless
5	the context in which such terms are used clearly indicates to the contrary:
6	(1) "Applicant" means a person who has filed a written application for assistance for
7	herself/himself and her/his dependent child(ren). An applicant may be a parent or non-parent
8	caretaker relative.
9	(2) "Assistance" means cash and any other benefits provided pursuant to this chapter.
10	(3) "Assistance unit" means the assistance filing unit consisting of the group of persons,
11	including the dependent child(ren), living together in a single household who must be included in
12	the application for assistance and in the assistance payment if eligibility is established. An
13	assistance unit may be the same as a family.
14	(4) "Benefits" shall mean assistance received pursuant to this chapter.
15	(5) "Community service programs" means structured programs and activities in which
16	cash assistance recipients perform work for the direct benefit of the community under the
17	auspices of public or nonprofit organizations. Community service programs are designed to
18	improve the employability of recipients not otherwise able to obtain paid employment.
19	(6) "Department" means the department of human services.
20	(7) "Dependent child" means an individual, other than an individual with respect to
21	whom foster care maintenance payments are made, who is: (A) under the age of eighteen (18); or
22	(B) under the age of nineteen (19) and a full-time student in a secondary school (or in the
23	equivalent level of vocational or educational training), if before he or she attains age nineteen
24	(19), he or she may reasonably be expected to complete the program of such secondary school (or
25	such training).
26	(8) "Director" means the director of the department of human services.
27	(9) "Earned income" means income in cash or the equivalent received by a person
28	through the receipt of wages, salary, commissions, or profit from activities in which the person is
29	self-employed or as an employee and before any deductions for taxes.
30	(10) "Earned income tax credit" means the credit against federal personal income tax
31	liability under § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32, or any successor
32	section, the advanced payment of the earned income tax credit to an employee under § 3507 of
33	the code, 26 U.S.C. § 3507, or any successor section and any refund received as a result of the
34	earned income tax credit, as well as any refundable state earned income tax credit.
	LC003746 - Page 408 of 621
1	(11) "Education directly related to employment" means education, in the case of a
2	participant who has not received a high school diploma or a certificate of high school
3	equivalency, related to a specific occupation, job, or job offer.
4	(12) "Family" means: (A) a pregnant woman from and including the seventh month of
5	her pregnancy; or (B) a child and the following eligible persons living in the same household as
6	the child: (C) each biological, adoptive or stepparent of the child, or in the absence of a parent,
7	any adult relative who is responsible, in fact, for the care of such child; and (D) the child's minor
8	siblings (whether of the whole or half-blood); provided, however, that the term "family" shall not
9	include any person receiving benefits under title XVI of the Social Security Act, 42 U.S.C. §
10	1381 et seq. A family may be the same as the assistance unit.
11	(13) "Gross earnings" means earnings from employment and self-employment further
12	described in the department of human services rules and regulations.
13	(14) "Individual employment plan" means a written, individualized plan for employment
14	developed jointly by the applicant and the department of human services that specifies the steps
15	the participant shall take toward long-term economic independence developed in accordance with
16	subsection 40-5.2-10(e). A participant must comply with the terms of the individual employment
17	plan as a condition of eligibility in accordance with subsection 40-5.2-10(e) of this chapter.
18	(15) "Job search and job readiness" means the mandatory act of seeking or obtaining
19	employment by the participant, or the preparation to seek or obtain employment.
20	In accord with federal requirements, job search activities must be supervised by the department of
21	labor and training and must be reported to the department of human services in accordance with
22	TANF work verification requirements.
23	Except in the context of rehabilitation employment plans, and special services provided
24	by the department of children, youth and families, job search and job readiness activities are
25	limited to four (4) consecutive weeks, or for a total of six (6) weeks in a twelve (12) month
26	period, with limited exceptions as defined by the department. The department of human services
27	in consultation with the department of labor and training shall extend job search, and job
28	readiness assistance for up to twelve (12) weeks in a fiscal year if a state has an unemployment
29	rate at least fifty percent (50%) greater than the United States unemployment rate if the state
30	meets the definition of a "needy state" under the contingency fund provisions of federal law.
31	Preparation to seek employment, or job readiness, may include, but may not be limited to,
32	the participant obtaining life skills training, homelessness services, domestic violence services,
33	special services for families provided by the department of children youth and families, substance
34	abuse treatment, mental health treatment, or rehabilitation activities as appropriate for those who
	LC003746 - Page 409 of 621
1	are otherwise employable. Such services, treatment or therapy must be determined to be
2	necessary and certified by a qualified medical or mental health professional. Intensive work
3	readiness services may include work-based literacy, numeracy, hands-on training, work
4	experience and case management services. Nothing in this section shall be interpreted to mean
5	that the department of labor and training shall be the sole provider of job readiness activities
6	described herein.
7	(16) "Job skills training directly related to employment" means training or education for
8	job skills required by an employer to provide an individual with the ability to obtain employment
9	or to advance or adapt to the changing demands of the workplace. Job skills training directly
10	related to employment must be supervised on an ongoing basis.
11	(17) "Net income" means the total gross income of the assistance unit less allowable
12	disregards and deductions as described in subsection 40-5.2-10(g).
13	(18) "Minor parent" means a parent under the age of eighteen (18). A minor parent may
14	be an applicant or recipient with his or her dependent child(ren) in his/her own case or a member
15	of an assistance unit with his or her dependent child(ren) in a case established by the minor
16	parent's parent.
17	(19) "On-the-job-training" means training in the public or private sector that is given to a
18	paid employee while he or she is engaged in productive work and that provides knowledge and
19	skills essential to the full and adequate performance of the job. On-the-job training must be
20	supervised by an employer, work site sponsor, or other designee of the department of human
21	services on an ongoing basis.
22	(20) "Participant" means a person who has been found eligible for assistance in
23	accordance with this chapter and who must comply with all requirements of this chapter, and has
24	entered into an individual employment plan. A participant may be a parent or non-parent
25	caretaker relative included in the cash assistance payment.
26	(21) "Recipient" means a person who has been found eligible and receives cash assistance
27	in accordance with this chapter.
28	(22) "Relative" means a parent, stepparent, grandparent, great grandparent, great-great
29	grandparent, aunt, great aunt, great-great aunt, uncle, great-uncle, great-great uncle, sister,
30	brother, stepbrother, stepsister, half-brother, half-sister, first cousin, first cousin once removed,
31	niece, great niece, great-great niece, nephew, great nephew, or great-great nephew.
32	(23) "Resident" means a person who maintains residence by his or her continuous
33	physical presence in the state.
	LC003746 - Page 410 of 621
1	(24) "Self-employment income" means the total profit from a business enterprise,
2	farming, etc., resulting from a comparison of the gross receipts with the business expenses, i.e.,
3	expenses directly related to producing the goods or services and without which the goods or
4	services could not be produced. However, items such as depreciation, personal business and
5	entertainment expenses, and personal transportation are not considered business expenses for the
6	purposes of determining eligibility for cash assistance in accordance with this chapter.
7	(25) "State" means the State of Rhode Island and Providence Plantations.
8	(26) "Subsidized employment" means employment in the private or public sectors for
9	which the employer receives a subsidy from TANF or other public funds to offset some or all of
10	the wages and costs of employing a recipient. It includes work in which all or a portion of the
11	wages paid to the recipient are provided to the employer either as a reimbursement for the extra
12	costs of training or as an incentive to hire the recipient, including, but not limited to, grant
13	diversion.
14	(27) "Subsidized housing" means housing for a family whose rent is restricted to a
15	percentage of its income.
16	(28) "Unsubsidized employment" means full or part-time employment in the public or
17	private sector that is not subsidized by TANF or any other public program.
18	(29) "Vocational educational training" means organized educational programs, not to
19	exceed twelve (12) months with respect to any participant, that are directly related to the
20	preparation of participants for employment in current or emerging occupations. Vocational
21	educational training must be supervised.
22	(30) "Work experience" means a work activity that provides a participant with an
23	opportunity to acquire the general skills, training, knowledge, and work habits necessary to obtain
24	employment. The purpose of work experience is to improve the employability of those who
25	cannot find unsubsidized employment. An employer, work site sponsor, and/or other appropriate
26	designee of the department must supervise this activity.
27	(31) "Work supplementation" also known as "grant diversion" means the use of all or a
28	portion of a participant's cash assistance grant and food stamp grant as a wage supplement to an
29	employer. Such a supplement shall be limited to a maximum period of twelve (12) months. An
30	employer must agree to continue the employment of the participant as part of the regular work
31	force, beyond the supplement period, if the participant demonstrates satisfactory performance.
32	(32) "Work activities" mean the specific work requirements which must be defined in the
33	individual employment plan and must be complied with by the participant as a condition of
	LC003746 - Page 411 of 621
1	eligibility for the receipt of cash assistance for single and two (2) family households outlined in §
2	40-5.2-12 of this chapter.
3	SECTION 8. Effective January 1, 2021, section 40-5.2-10 of the General Laws in
4	Chapter 40-5.2 entitled “The Rhode Island Works Program” are hereby amended to read as
5	follows:
6	40-5.2-10. Necessary requirements and conditions.
7	The following requirements and conditions shall be necessary to establish eligibility for
8	the program.
9	(a) Citizenship, alienage, and residency requirements.
10	(1) A person shall be a resident of the State of Rhode Island.
11	(2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the
12	alienage requirements established in § 402(b) of the Personal Responsibility and Work
13	Opportunity Reconciliation Act of 1996, PRWORA, Public Laws No. 104-193 and as that section
14	may hereafter be amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does
15	not meet the alienage requirements established in PRWORA, as amended, is not eligible for cash
16	assistance in accordance with this chapter.
17	(b) The family/assistance unit must meet any other requirements established by the
18	department of human services by rules and regulations adopted pursuant to the Administrative
19	Procedures Act, as necessary to promote the purpose and goals of this chapter.
20	(c) Receipt of cash assistance is conditional upon compliance with all program
21	requirements.
22	(d) All individuals domiciled in this state shall be exempt from the application of
23	subdivision 115(d)(1)(A) of Public Law 104-193, the Personal Responsibility and Work
24	Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any
25	individual ineligible for certain state and federal assistance if that individual has been convicted
26	under federal or state law of any offense that is classified as a felony by the law of the jurisdiction
27	and that has as an element the possession, use, or distribution of a controlled substance as defined
28	in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)).
29	(e) Individual employment plan as a condition of eligibility.
30	(1) Following receipt of an application, the department of human services shall assess the
31	financial conditions of the family, including the non-parent caretaker relative who is applying for
32	cash assistance for himself or herself as well as for the minor child(ren), in the context of an
33	eligibility determination. If a parent or non-parent caretaker relative is unemployed or under-
34	employed, the department shall conduct an initial assessment, taking into account: (A) The
	LC003746 - Page 412 of 621
1	physical capacity, skills, education, work experience, health, safety, family responsibilities and
2	place of residence of the individual; and (B) The child care and supportive services required by
3	the applicant to avail himself or herself of employment opportunities and/or work readiness
4	programs.
5	(2) On the basis of this assessment, the department of human services and the department
6	of labor and training, as appropriate, in consultation with the applicant, shall develop an
7	individual employment plan for the family which requires the individual to participate in the
8	intensive employment services. Intensive employment services shall be defined as the work
9	requirement activities in § 40-5.2-12(g) and (i).
10	(3) The director, or his or her designee, may assign a case manager to an
11	applicant/participant, as appropriate.
12	(4) The department of labor and training and the department of human services in
13	conjunction with the participant shall develop a revised individual employment plan that shall
14	identify employment objectives, taking into consideration factors above, and shall include a
15	strategy for immediate employment and for preparing for, finding, and retaining employment
16	consistent, to the extent practicable, with the individual's career objectives.
17	(5) The individual employment plan must include the provision for the participant to
18	engage in work requirements as outlined in § 40-5.2-12.
19	(6)(i) The participant shall attend and participate immediately in intensive assessment and
20	employment services as the first step in the individual employment plan, unless temporarily
21	exempt from this requirement in accordance with this chapter. Intensive assessment and
22	employment services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i).
23	(ii) Parents under age twenty (20) without a high school diploma or general equivalency
24	diploma (GED) shall be referred to special teen parent programs which will provide intensive
25	services designed to assist teen parents to complete high school education or GED, and to
26	continue approved work plan activities in accord with Rhode Island works program requirements.
27	(7) The applicant shall become a participant in accordance with this chapter at the time
28	the individual employment plan is signed and entered into.
29	(8) Applicants and participants of the Rhode Island works program shall agree to comply
30	with the terms of the individual employment plan, and shall cooperate fully with the steps
31	established in the individual employment plan, including the work requirements.
32	(9) The department of human services has the authority under the chapter to require
33	attendance by the applicant/participant, either at the department of human services or at the
34	department of labor and training, at appointments deemed necessary for the purpose of having the
	LC003746 - Page 413 of 621
1	applicant enter into and become eligible for assistance through the Rhode Island works program.
2	The appointments include, but are not limited to, the initial interview, orientation and assessment;
3	job readiness and job search. Attendance is required as a condition of eligibility for cash
4	assistance in accordance with rules and regulations established by the department.
5	(10) As a condition of eligibility for assistance pursuant to this chapter, the
6	applicant/participant shall be obligated to keep appointments, attend orientation meetings at the
7	department of human services and/or the Rhode Island department of labor and training,
8	participate in any initial assessments or appraisals and comply with all the terms of the individual
9	employment plan in accordance with department of human services rules and regulations.
10	(11) A participant, including a parent or non-parent caretaker relative included in the cash
11	assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as
12	defined in this chapter or the department's rules and regulations.
13	(12) A participant who voluntarily quits or refuses a job without good cause, as defined in
14	§ 40-5.2-12(l), while receiving cash assistance in accordance with this chapter, shall be
15	sanctioned in accordance with rules and regulations promulgated by the department.
16	(f) Resources.
17	(1) The family or assistance unit's countable resources shall be less than the allowable
18	resource limit established by the department in accordance with this chapter.
19	(2) No family or assistance unit shall be eligible for assistance payments if the combined
20	value of its available resources (reduced by any obligations or debts with respect to such
21	resources) exceeds one thousand dollars ($1,000).
22	(3) For purposes of this subsection, the following shall not be counted as resources of the
23	family/assistance unit in the determination of eligibility for the works program:
24	(i) The home owned and occupied by a child, parent, relative or other individual;
25	(ii) Real property owned by a husband and wife as tenants by the entirety, if the property
26	is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in
27	the property;
28	(iii) Real property that the family is making a good faith effort to dispose of, however,
29	any cash assistance payable to the family for any such period shall be conditioned upon such
30	disposal of the real property within six (6) months of the date of application and any payments of
31	assistance for that period shall (at the time of disposal) be considered overpayments to the extent
32	that they would not have occurred at the beginning of the period for which the payments were
33	made. All overpayments are debts subject to recovery in accordance with the provisions of the
34	chapter;
	LC003746 - Page 414 of 621
1	(iv) Income producing property other than real estate including, but not limited to,
2	equipment such as farm tools, carpenter's tools and vehicles used in the production of goods or
3	services that the department determines are necessary for the family to earn a living;
4	(v) One vehicle for each adult household member, but not to exceed two (2) vehicles per
5	household, and in addition, a vehicle used primarily for income producing purposes such as, but
6	not limited to, a taxi, truck or fishing boat; a vehicle used as a family's home; a vehicle that
7	annually produces income consistent with its fair market value, even if only used on a seasonal
8	basis; a vehicle necessary to transport a family member with a disability where the vehicle is
9	specially equipped to meet the specific needs of the person with a disability or if the vehicle is a
10	special type of vehicle that makes it possible to transport the person with a disability;
11	(vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of
12	limited value;
13	(vii) Burial plots (one for each child, relative, and other individual in the assistance unit)
14	and funeral arrangements;
15	(viii) For the month of receipt and the following month, any refund of federal income
16	taxes made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32
17	(relating to earned income tax credit), and any payment made to the family by an employer under
18	§ 3507 of the Internal Revenue Code of 1986, 26 U.S.C. § 3507 (relating to advance payment of
19	such earned income credit);
20	(ix) The resources of any family member receiving supplementary security income
21	assistance under the Social Security Act, 42 U.S.C. § 301 et seq.
22	(g) Income.
23	(1) Except as otherwise provided for herein, in determining eligibility for and the amount
24	of cash assistance to which a family is entitled under this chapter, the income of a family includes
25	all of the money, goods, and services received or actually available to any member of the family.
26	(2) In determining the eligibility for and the amount of cash assistance to which a
27	family/assistance unit is entitled under this chapter, income in any month shall not include the
28	first one hundred seventy dollars ($170) of gross earnings plus fifty percent (50%) of the gross
29	earnings of the family in excess of one hundred seventy dollars ($170) earned during the month.
30	(3) The income of a family shall not include:
31	(i) The first fifty dollars ($50.00) in child support received in any month from each non-
32	custodial parent of a child plus any arrearages in child support (to the extent of the first fifty
33	dollars ($50.00) per month multiplied by the number of months in which the support has been in
34	arrears) that are paid in any month by a non-custodial parent of a child;
	LC003746 - Page 415 of 621
1	(ii) Earned income of any child;
2	(iii) Income received by a family member who is receiving supplemental security income
3	(SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.;
4	(iv) The value of assistance provided by state or federal government or private agencies
5	to meet nutritional needs, including: value of USDA donated foods; value of supplemental food
6	assistance received under the Child Nutrition Act of 1966, as amended and the special food
7	service program for children under Title VII, nutrition program for the elderly, of the Older
8	Americans Act of 1965 as amended, and the value of food stamps;
9	(v) Value of certain assistance provided to undergraduate students, including any grant or
10	loan for an undergraduate student for educational purposes made or insured under any loan
11	program administered by the U.S. Commissioner of Education (or the Rhode Island council on
12	postsecondary education or the Rhode Island division of higher education assistance);
13	(vi) Foster care payments;
14	(vii) Home energy assistance funded by state or federal government or by a nonprofit
15	organization;
16	(viii) Payments for supportive services or reimbursement of out-of-pocket expenses made
17	to foster grandparents, senior health aides or senior companions and to persons serving in SCORE
18	and ACE and any other program under Title II and Title III of the Domestic Volunteer Service
19	Act of 1973, 42 U.S.C. § 5000 et seq.;
20	(ix) Payments to volunteers under AmeriCorps VISTA as defined in the department's
21	rules and regulations;
22	(x) Certain payments to native Americans; payments distributed per capita to, or held in
23	trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134,
24	25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes
25	which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17,
26	1975;
27	(xi) Refund from the federal and state earned income tax credit;
28	(xii) The value of any state, local, or federal government rent or housing subsidy,
29	provided that this exclusion shall not limit the reduction in benefits provided for in the payment
30	standard section of this chapter.
31	(xiii) The earned income of any adult family member who gains employment, in
32	compliance with their employment plan, while an active RI Works household member. Such
33	earned income is excluded for the first six (6) months of earned income from employment, until
	LC003746 - Page 416 of 621
1	the household reaches its forty-eight (48) month time limit, or until household’s total gross
2	income exceeds 185% of the Federal Poverty Level (FPL) whichever is first.
3	(4) The receipt of a lump sum of income shall affect participants for cash assistance in
4	accordance with rules and regulations promulgated by the department.
5	(h) Time limit on the receipt of cash assistance.
6	(1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this
7	chapter, to a family or assistance unit that includes an adult member who has received cash
8	assistance for a total of forty-eight (48) months (whether or not consecutive), to include any time
9	receiving any type of cash assistance in any other state or territory of the United States of
10	America as defined herein. Provided further, in no circumstances other than provided for in
11	subsection (h)(3) with respect to certain minor children, shall cash assistance be provided
12	pursuant to this chapter to a family or assistance unit which includes an adult member who has
13	received cash assistance for a total of a lifetime limit of forty-eight (48) months.
14	(2) Cash benefits received by a minor dependent child shall not be counted toward their
15	lifetime time limit for receiving benefits under this chapter should that minor child apply for cash
16	benefits as an adult.
17	(3) Certain minor children not subject to time limit. This section regarding the lifetime
18	time limit for the receipt of cash assistance, shall not apply only in the instances of a minor
19	child(ren) living with a parent who receives SSI benefits and a minor child(ren) living with a
20	responsible adult non-parent caretaker relative who is not in the case assistance payment.
21	(4) Receipt of family cash assistance in any other state or territory of the United States of
22	America shall be determined by the department of human services and shall include family cash
23	assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds
24	[Title IV-A of the Federal Social Security Act 42 U.S.C. § 601 et seq.] and/or family cash
25	assistance provided under a program similar to the Rhode Island families work and opportunity
26	program or the federal TANF program.
27	(5)(i) The department of human services shall mail a notice to each assistance unit when
28	the assistance unit has six (6) months of cash assistance remaining and each month thereafter
29	until the time limit has expired. The notice must be developed by the department of human
30	services and must contain information about the lifetime time limit, the number of months the
31	participant has remaining, the hardship extension policy, the availability of a post-employment-
32	and-closure bonus, and any other information pertinent to a family or an assistance unit nearing
33	the forty-eight-month (48) lifetime time limit.
	LC003746 - Page 417 of 621
1	(ii) For applicants who have less than six (6) months remaining in the forty-eight-month
2	(48) lifetime time limit because the family or assistance unit previously received cash assistance
3	in Rhode Island or in another state, the department shall notify the applicant of the number of
4	months remaining when the application is approved and begin the process required in subsection
5	(h)(5)(i).
6	(6) If a cash assistance recipient family closed pursuant to Rhode Island's Temporary
7	Assistance for Needy Families Program (federal TANF described in Title IV A of the Federal
8	Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family
9	independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction
10	because of failure to comply with the cash assistance program requirements; and that recipient
11	family received forty-eight (48) months of cash benefits in accordance with the family
12	independence program, then that recipient family is not able to receive further cash assistance for
13	his/her family, under this chapter, except under hardship exceptions.
14	(7) The months of state or federally funded cash assistance received by a recipient family
15	since May 1, 1997, under Rhode Island's Temporary Assistance for Needy Families Program
16	(federal TANF described in Title IV A of the Federal Social Security Act, 42 U.S.C. § 601 et
17	seq.), formerly entitled the Rhode Island family independence program, shall be countable toward
18	the time limited cash assistance described in this chapter.
19	(i) Time limit on the receipt of cash assistance.
20	(1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance
21	unit in which an adult member has received cash assistance for a total of sixty (60) months
22	(whether or not consecutive) to include any time receiving any type of cash assistance in any
23	other state or territory of the United States as defined herein effective August 1, 2008. Provided
24	further, that no cash assistance shall be provided to a family in which an adult member has
25	received assistance for twenty-four (24) consecutive months unless the adult member has a
26	rehabilitation employment plan as provided in § 40-5.2-12(g)(5).
27	(2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter
28	to a family in which a child has received cash assistance for a total of sixty (60) months (whether
29	or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to
30	subdivision 40-5.2(a) (2) to include any time received any type of cash assistance in any other
31	state or territory of the United States as defined herein.
32	(j) Hardship exceptions.
33	(1) The department may extend an assistance unit's or family's cash assistance beyond the
34	time limit, by reason of hardship; provided, however, that the number of families to be exempted
	LC003746 - Page 418 of 621
1	by the department with respect to their time limit under this subsection shall not exceed twenty
2	percent (20%) of the average monthly number of families to which assistance is provided for
3	under this chapter in a fiscal year; provided, however, that to the extent now or hereafter
4	permitted by federal law, any waiver granted under § 40-5.2-35, for domestic violence, shall not
5	be counted in determining the twenty percent (20%) maximum under this section.
6	(2) Parents who receive extensions to the time limit due to hardship must have and
7	comply with employment plans designed to remove or ameliorate the conditions that warranted
8	the extension.
9	(k) Parents under eighteen (18) years of age.
10	(1) A family consisting of a parent who is under the age of eighteen (18), and who has
11	never been married, and who has a child; or a family consisting of a woman under the age of
12	eighteen (18) who is at least six (6) months pregnant, shall be eligible for cash assistance only if
13	the family resides in the home of an adult parent, legal guardian, or other adult relative. The
14	assistance shall be provided to the adult parent, legal guardian, or other adult relative on behalf of
15	the individual and child unless otherwise authorized by the department.
16	(2) This subsection shall not apply if the minor parent or pregnant minor has no parent,
17	legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or
18	the department determines that the physical or emotional health or safety of the minor parent, or
19	his or her child, or the pregnant minor, would be jeopardized if he or she was required to live in
20	the same residence as his or her parent, legal guardian, or other adult relative (refusal of a parent,
21	legal guardian or other adult relative to allow the minor parent or his or her child, or a pregnant
22	minor, to live in his or her home shall constitute a presumption that the health or safety would be
23	so jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent
24	or legal guardian for a period of at least one year before either the birth of any child to a minor
25	parent or the onset of the pregnant minor's pregnancy; or there is good cause, under departmental
26	regulations, for waiving the subsection; and the individual resides in a supervised supportive
27	living arrangement to the extent available.
28	(3) For purposes of this section, "supervised supportive living arrangement" means an
29	arrangement that requires minor parents to enroll and make satisfactory progress in a program
30	leading to a high school diploma or a general education development certificate, and requires
31	minor parents to participate in the adolescent parenting program designated by the department, to
32	the extent the program is available; and provides rules and regulations that ensure regular adult
33	supervision.
	LC003746 - Page 419 of 621
1	(l) Assignment and cooperation. As a condition of eligibility for cash and medical
2	assistance under this chapter, each adult member, parent, or caretaker relative of the
3	family/assistance unit must:
4	(1) Assign to the state any rights to support for children within the family from any
5	person that the family member has at the time the assignment is executed or may have while
6	receiving assistance under this chapter;
7	(2) Consent to and cooperate with the state in establishing the paternity and in
8	establishing and/or enforcing child support and medical support orders for all children in the
9	family or assistance unit in accordance with title 15 of the general laws, as amended, unless the
10	parent or caretaker relative is found to have good cause for refusing to comply with the
11	requirements of this subsection.
12	(3) Absent good cause, as defined by the department of human services through the rule-
13	making process, for refusing to comply with the requirements of (l)(1) and (l)(2), cash assistance
14	to the family shall be reduced by twenty-five percent (25%) until the adult member of the family
15	who has refused to comply with the requirements of this subsection consents to and cooperates
16	with the state in accordance with the requirements of this subsection.
17	(4) As a condition of eligibility for cash and medical assistance under this chapter, each
18	adult member, parent, or caretaker relative of the family/assistance unit must consent to and
19	cooperate with the state in identifying and providing information to assist the state in pursuing
20	any third-party who may be liable to pay for care and services under Title XIX of the Social
21	Security Act, 42 U.S.C. § 1396 et seq.
22	SECTION 9. Effective July 1, 2020, section 40-5.2-20 of the General Laws in Chapter
23	40-5.2 entitled “The Rhode Island Works Program” are hereby amended to read as follows:
24	40-5.2-20. Child-care assistance.
25	Families or assistance units eligible for child-care assistance.
26	(a) The department shall provide appropriate child care to every participant who is
27	eligible for cash assistance and who requires child care in order to meet the work requirements in
28	accordance with this chapter.
29	(b) Low-income child care. The department shall provide child care to all other working
30	families with incomes at or below one hundred eighty percent (180%) of the federal poverty level
31	if, and to the extent, these other families require child care in order to work at paid employment
32	as defined in the department's rules and regulations. Beginning October 1, 2013, the department
33	shall also provide child care to families with incomes below one hundred eighty percent (180%)
34	of the federal poverty level if, and to the extent, these families require child care to participate on
	LC003746 - Page 420 of 621
1	a short-term basis, as defined in the department's rules and regulations, in training,
2	apprenticeship, internship, on-the-job training, work experience, work immersion, or other job-
3	readiness/job-attachment program sponsored or funded by the human resource investment council
4	(governor's workforce board) or state agencies that are part of the coordinated program system
5	pursuant to § 42-102-11. Beginning January 1, 2021, the department shall also provide child care
6	to families with incomes below one hundred eighty percent (180%) of the federal poverty level if,
7	and to the extent, these families require child care to enroll or maintain enrollment in a Rhode
8	Island public institution of higher education.
9	(c) No family/assistance unit shall be eligible for child-care assistance under this chapter
10	if the combined value of its liquid resources exceeds one million dollars ($1,000,000), which
11	corresponds to the amount permitted by the federal government under the state plan and set forth
12	in the administrative rule-making process by the department. Liquid resources are defined as any
13	interest(s) in property in the form of cash or other financial instruments or accounts that are
14	readily convertible to cash or cash equivalents. These include, but are not limited to: cash, bank,
15	credit union, or other financial institution savings, checking, and money market accounts;
16	certificates of deposit or other time deposits; stocks; bonds; mutual funds; and other similar
17	financial instruments or accounts. These do not include educational savings accounts, plans, or
18	programs; retirement accounts, plans, or programs; or accounts held jointly with another adult,
19	not including a spouse. The department is authorized to promulgate rules and regulations to
20	determine the ownership and source of the funds in the joint account.
21	(d) As a condition of eligibility for child-care assistance under this chapter, the parent or
22	caretaker relative of the family must consent to, and must cooperate with, the department in
23	establishing paternity, and in establishing and/or enforcing child support and medical support
24	orders for any children in the family receiving appropriate child care under this section in
25	accordance with the applicable sections of title 15 of the state's general laws, as amended, unless
26	the parent or caretaker relative is found to have good cause for refusing to comply with the
27	requirements of this subsection.
28	(e) For purposes of this section, "appropriate child care" means child care, including
29	infant, toddler, pre-school, nursery school, school-age, that is provided by a person or
30	organization qualified, approved, and authorized to provide the care by the state agency or
31	agencies designated to make the determinations in accordance with the provisions set forth
32	herein.
33	(f)(1) Families with incomes below one hundred percent (100%) of the applicable federal
34	poverty level guidelines shall be provided with free child care. Families with incomes greater
	LC003746 - Page 421 of 621
1	than one hundred percent (100%) and less than one hundred eighty percent (180%) of the
2	applicable federal poverty guideline shall be required to pay for some portion of the child care
3	they receive, according to a sliding-fee scale adopted by the department in the department's rules.
4	(2) Families who are receiving child-care assistance and who become ineligible for child-
5	care assistance as a result of their incomes exceeding one hundred eighty percent (180%) of the
6	applicable federal poverty guidelines shall continue to be eligible for child-care assistance until
7	their incomes exceed two hundred twenty-five percent (225%) of the applicable federal poverty
8	guidelines. To be eligible, the families must continue to pay for some portion of the child care
9	they receive, as indicated in a sliding-fee scale adopted in the department's rules and in
10	accordance with all other eligibility standards.
11	(g) In determining the type of child care to be provided to a family, the department shall
12	take into account the cost of available child-care options; the suitability of the type of care
13	available for the child; and the parent's preference as to the type of child care.
14	(h) For purposes of this section, "income" for families receiving cash assistance under §
15	40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in
16	§§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned
17	and unearned income as determined by departmental regulations.
18	(i) The caseload estimating conference established by chapter 17 of title 35 shall forecast
19	the expenditures for child care in accordance with the provisions of § 35-17-1.
20	(j) In determining eligibility for child-care assistance for children of members of reserve
21	components called to active duty during a time of conflict, the department shall freeze the family
22	composition and the family income of the reserve component member as it was in the month prior
23	to the month of leaving for active duty. This shall continue until the individual is officially
24	discharged from active duty.
25	SECTION 10. Effective July 1, 2020, section 40-6.2-1.1 of the General Laws in Chapter
26	40-6.2 entitled “Child Care – State Subsidies” is hereby amended to read as follows:
27	40-6.2-1.1. Rates established.
28	(a) Through June 30, 2015 2021, subject to the payment limitations in subsection (c), the
29	minimum base reimbursement rates to be paid by the departments of human services and
30	children, youth and families for licensed childcare centers for care of infant/toddler and preschool
31	age children shall be determined using the following schedule, with infant/toddler reimbursement
32	rates to be set at the 25th percentile of the 2018 weekly market rates and preschool
33	reimbursement rates to be set halfway to the 25th percentile of the 2018 weekly market rates.
34	The maximum infant/toddler and preschool reimbursement rates to be paid by the departments of
	LC003746 - Page 422 of 621
1	human services and children, youth and families for licensed family childcare providers shall be
2	implemented in a tiered manner, reflective of the quality rating the provider has achieved within
3	the state's quality rating system outlined in § 42-12-23.1 and to be based on the 75th percentile of
4	the 2018 weekly market rates. The maximum base reimbursement rates to be paid by the
5	departments of human services and children, youth and families for licensed childcare centers for
6	care of infant and preschool aged children and licensed family-childcare providers shall be based
7	on the following schedule of the 75th percentile of the 2002 2018 weekly market rates adjusted
8	for the average of the 75th percentile of the 2002 and the 2004 weekly market rates:
9	LICENSED CHILDCARE CENTERS 75th PERCENTILE OF WEEKLY MARKET RATE
10	INFANT $182.00
11	PRESCHOOL $150.00
12	SCHOOL-AGE $135.00
13	LICENSED FAMILYCHILDCARE
14	CHILDCARE PROVIDERS 75th PERCENTILE OF WEEKLY MARKET RATE
15	INFANT $150.00
16	PRESCHOOL $150.00
17	SCHOOL-AGE $135.00
18	LICENSED TIER ONE TIER TWO TIER TIER FOUR TIER FIVE
19	CHILDCARE (25th THREE (75th
20	CENTERS percentile of percentile of
21	weekly weekly
22	market rate) market rate)
23	INFANT/TODDLER $222.38 $226.83 $240.17 $249.07 $257.54
24	PRESCHOOL $176.67 $180.53 $193.94 $201.99 $212.84
25	Effective July 1, 2015, subject to the payment limitations in subsection (c), the maximum
26	reimbursement rates to be paid by the departments of human services and children, youth and
27	families for licensed childcare centers and licensed family-childcare providers shall be based on
28	the above schedule of the 75th percentile of the 2002 weekly market rates adjusted for the
29	average of the 75th percentile of the 2002 and the 2004 weekly market rates. These rates shall be
30	increased by ten dollars ($10.00) per week for infant/toddler care provided by licensed family-
31	childcare providers and license-exempt providers and then the rates for all providers for all age
32	groups shall be increased by three percent (3%). For the fiscal year ending June 30, 2018,
33	licensed childcare centers shall be reimbursed a maximum weekly rate of one hundred ninety-
	LC003746 - Page 423 of 621
1	three dollars and sixty-four cents ($193.64) for infant/toddler care and one hundred sixty-one
2	dollars and seventy-one cents ($161.71) for preschool-age children.
3	(b) Effective July l, 2018, subject to the payment limitations in subsection (c), the maximum
4	infant/toddler and preschool-age reimbursement rates to be paid by the departments of human
5	services and children, youth and families for licensed childcare centers shall be implemented in a
6	tiered manner, reflective of the quality rating the provider has achieved within the state's quality
7	rating system outlined in § 42-12-23.1.
8	(1) For infant/toddler childcare, tier one shall be reimbursed two and one-half percent (2.5%)
9	above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) above the FY
10	2018 weekly amount, tier three shall be reimbursed thirteen percent (13%) above the FY 2018
11	weekly amount, tier four shall be reimbursed twenty percent (20%) above the FY 2018 weekly
12	amount, and tier five shall be reimbursed thirty-three percent (33%) above the FY 2018 weekly
13	amount.
14	(2) For preschool reimbursement rates, tier one shall be reimbursed two and one-half (2.5%)
15	percent above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) above
16	the FY 2018 weekly amount, tier three shall be reimbursed ten percent (10%) above the FY 2018
17	weekly amount, tier four shall be reimbursed thirteen percent (13%) above the FY 2018 weekly
18	amount, and tier five shall be reimbursed twenty-one percent (21%) above the FY 2018 weekly
19	amount.
20	(b) The weekly reimbursement rate for licensed childcare centers for care of school age
21	children shall be $146.26.
22	The minimum base reimbursement rates to be paid by the departments of human services
23	and children, youth, and families for licensed family childcare providers shall be determined
24	through collective bargaining with the maximum infant/toddler and preschool reimbursement
25	rates to be paid by the departments of human services and children, youth and families for
26	licensed family childcare providers and shall be implemented in a tiered manner, reflective of the
27	quality rating the provider has achieved within the state's quality rating system outlined in 42-12-
28	23.1.
29	(c) [Deleted by P.L. 2019, ch. 88, art. 13, § 4].
30	(d) By June 30, 2004, and biennially through June 30, 2014, the department of labor and
31	training The department of human services shall conduct an independent survey or certify an
32	independent survey of the then current weekly market rates for childcare in Rhode Island and
33	shall forward such weekly market rate survey to the department of human services. The next
34	survey shall be conducted by June 30, 2016, and triennially thereafter. The departments of human
	LC003746 - Page 424 of 621
1	services and labor and training The department of human services will jointly determine the
2	survey criteria including, but not limited to, rate categories and sub-categories. Surveys shall be
3	conducted by June 30, 2021 and triennially thereafter.
4	(e) In order to expand the accessibility and availability of quality childcare, the
5	department of human services is authorized to establish by regulation alternative or incentive
6	rates of reimbursement for quality enhancements, innovative or specialized childcare and
7	alternative methodologies of childcare delivery, including non-traditional delivery systems and
8	collaborations.
9	(f) Effective January 1, 2007, all childcare providers have the option to be paid every two
10	(2) weeks and have the option of automatic direct deposit and/or electronic funds transfer of
11	reimbursement payments.
12	(g) Effective July 1, 2019, the maximum infant/toddler reimbursement rates to be paid by
13	the departments of human services and children, youth and families for licensed family childcare
14	providers shall be implemented in a tiered manner, reflective of the quality rating the provider has
15	achieved within the state's quality rating system outlined in § 42-12-23.1. Tier one shall be
16	reimbursed two percent (2%) above the prevailing base rate for step 1 and step 2 providers, three
17	percent (3%) above prevailing base rate for step 3 providers, and four percent (4%) above the
18	prevailing base rate for step 4 providers; tier two shall be reimbursed five percent (5%) above the
19	prevailing base rate; tier three shall be reimbursed eleven percent (11%) above the prevailing base
20	rate; tier four shall be reimbursed fourteen percent (14%) above the prevailing base rate; and tier
21	five shall be reimbursed twenty-three percent (23%) above the prevailing base rate.
22	SECTION 11. Section 42-56-38 of the General Laws in Chapter 42-56 entitled
23	“Corrections Department” is hereby amended to read as follows:
24	42-56-38. Assessment of costs.
25	(a) Each sentenced offender committed to the care, custody or control of the department
26	of corrections shall reimburse the state for the cost or the reasonable portion of the cost incurred
27	by the state relating to that commitment; provided, however, that a person committed, awaiting
28	trial and not convicted, shall not be liable for the reimbursement. Items of cost shall include
29	physical services and commodities such as food, medical, clothing and specialized housing, as
30	well as social services such as specialized supervision and counseling. Costs shall be assessed by
31	the director of corrections, or his or her designee, based upon each person's ability to pay,
32	following a public hearing of proposed fee schedules. Each offender's family income and number
33	of dependents shall be among the factors taken into consideration when determining ability to
34	pay. Moneys received under this section shall be deposited as general revenues. The director shall
	LC003746 - Page 425 of 621
1	promulgate rules and regulations necessary to carry out the provisions of this section. The rules
2	and regulations shall provide that the financial situation of persons, financially dependent on the
3	person, be considered prior to the determination of the amount of reimbursement. This section
4	shall not be effective until the date the rules and regulations are filed with the office of the
5	secretary of state.
6	(b) Notwithstanding the provision of subsection (a), or any rule or regulation
7	promulgated by the director, any sentenced offender who is ordered or directed to the work
8	release program, shall pay no less than thirty percent (30%) of his or her gross net salary for room
9	and board.
10	SECTION 12. Sections 1-7 and Sections 9-11 of this article shall take effect July 1, 2020.
11	Section 8 of this article shall take effect January 1, 2021.
12
	LC003746 - Page 426 of 621
1	ARTICLE 16
2	RELATING TO VETERANS AFFAIRS
3	SECTION 1. Section 30-24-10 of Chapter 30-24 of the General Laws entitled “Rhode
4	Island Veterans Home” is hereby amended to read as follows:
5	30-24-10. Admissible to home – Fees.
6	(a) Any person who has served in the army, navy, marine corps, coast guard, or air force
7	of the United States for a period of ninety (90) days or more and that period began or ended
8	during any foreign war in which the United States shall have been engaged or in any expedition
9	or campaign for which the United States government issues a campaign medal, and who was
10	honorably discharged from it, and who shall be deemed to be in need of care provided at the
11	Rhode Island veterans' home, may be admitted to that facility subject to such rules and
12	regulations as shall be adopted by the director of human services to govern the admission of
13	applicants to the facility. Any person who has served in the armed forces of the United States
14	designated herein and otherwise qualified, who has served less than the ninety-day (90) period
15	described in this section, and who was honorably discharged from service, and who, as a result of
16	the service, acquired a service-connected disability or disease, may be admitted. No person shall
17	be admitted to the facility unless the person has been accredited to the enlistment or induction
18	quota of the state or has resided in the state for at least two (2) consecutive years next prior to the
19	date of the application for admission to the facility.
20	(b)(1) The director shall, at the end of each fiscal year, determine the net, per-diem
21	expenses of maintenance of residents in the facility and shall assess against each resident who has
22	"net income", as defined in this section, a fee equal to eighty one-hundred percent (80 100%) of
23	the resident's net income, provided that fee shall not exceed the actual cost of care and
24	maintenance for the resident; and provided that an amount equal to twenty one-hundred percent
25	(20 100%) of the maintenance fee assessed shall be allocated to, and deposited in, the veterans'
26	restricted account. For the purposes of this section, "net income" is defined as gross income
27	minus applicable federal and state taxes and minus:
28	(i) An amount equal to one hundred fifty dollars ($150) three hundred dollars ($300) per
29	month of residency and fifty percent (50%) of any sum received due to wounds incurred under
30	battle conditions for which the resident received the purple heart; and
31	(ii) The amount paid by a resident for the support and maintenance of his or her spouse,
32	parent(s), minor child(ren), or child(ren) who is/are blind or permanently and totally disabled as
33	defined in title XVI of the Federal Social Security Act, 42 U.S.C. §§ 1381 – 1383d, subject to a
34	maximum amount to be determined by rules and regulations as shall be adopted by the director.
	LC003746 - Page 427 of 621
1	(2) The fees shall be paid monthly to the home and any failure to make payment when
2	due shall be cause for dismissal from the facility. Prior to dismissal, the resident shall be afforded
3	administrative due process.
4	(c) Admissions to the veterans' home shall be made without discrimination as to race,
5	color, national origin, religion, sex, disability, marital status, age, sexual orientation, gender
6	identity or expression, assets, or income.
7	(d) Laundry services shall be provided to the residents of the Rhode Island veterans'
8	home at no charge to the residents, with such funds to cover the cost of providing laundry
9	services for residents of the Rhode Island veterans' home derived from monies appropriated to the
10	department of human office of veterans services.
11	SECTION 2. Section 30-25-14 of the General Laws entitled “Burial of Veterans” is hereby
12	amended to read as follows:
13	30-25-14. Rhode Island veterans' memorial cemetery.
14	(a) The Rhode Island veterans' memorial cemetery, located on the grounds of the Joseph
15	H. Ladd school in the town of Exeter, shall be under the management and control of the director
16	of the department of human office of veterans services. The director of the department of human
17	office of veterans services shall appoint an administrator for the Rhode Island veterans' memorial
18	cemetery who shall be an honorably discharged veteran of the United States Armed Forces and
19	shall have the general supervision over, and shall prescribe rules for, the government and
20	management of the cemetery. He or she shall make all needful rules and regulations governing
21	the operation of the cemetery and generally may do all things necessary to ensure the successful
22	operation thereof. The director shall promulgate rules and regulations, not inconsistent with the
23	provisions of 38 U.S.C. § 2402, to govern the eligibility for burial in the Rhode Island veterans'
24	memorial cemetery. In addition to all persons eligible for burial pursuant to rules and regulations
25	established by the director, any person who served in the army, navy, air force, or marine corps of
26	the United States for a period of not less than two (2) years and whose service was terminated
27	honorably, shall be eligible for burial in the Rhode Island veterans' memorial cemetery. The
28	director shall appoint and employ all subordinate officials and persons needed for the proper
29	management of the cemetery. National guard members who are killed in the line of duty or who
30	are honorably discharged after completion of at least twenty (20) years' of service in the Rhode
31	Island national guard and their spouse shall be eligible for interment in the Rhode Island veterans'
32	memorial cemetery. For the purpose of computing service under this section, honorable service in
33	the active forces or reserves shall be considered toward the twenty (20) years of national guard
34	service. The general assembly shall make an annual appropriation to the department of human
	LC003746 - Page 428 of 621
1	office of veterans services to provide for the operation and maintenance for the cemetery. The
2	director shall charge and collect a grave liner fees per interment of the eligible spouse and/or
3	eligible dependents of the qualified veteran equal to the department's cost for the grave liner.
4	equal to the U.S. Department of Veterans Affairs burial plot allowance as set forth annually on
5	October 1, for the burial of an eligible veteran in a state veterans cemetery.
6	(b) No domestic animal shall be allowed on the grounds of the Rhode Island veterans'
7	memorial cemetery, whether at large or under restraint, except for seeing eye guide dogs, hearing
8	ear signal dogs or any other service animal, as required by federal law or any personal assistance
9	animal, as required by chapter 9.1 of title 40. Any person who violates the provisions of this
10	section shall be subject to a fine of not less than five hundred dollars ($500).
11	(c) The state of Rhode Island office of veterans' affairs services shall bear the cost of all
12	tolls incurred by any motor vehicles that are part of a veteran's funeral procession, originating
13	from Aquidneck Island ending at the veterans' memorial cemetery, for burial or internment. The
14	executive director of the turnpike and bridge authority shall assist in the administration and
15	coordination of this toll reimbursement program.
16	SECTION 3. This article shall take effect upon passage.
	LC003746 - Page 429 of 621
1	ARTICLE 17
2	RELATING TO HOSPITAL UNCOMPENSATED CARE
3	SECTION 1. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3 entitled
4	“Uncompensated Care” are hereby amended to read as follows:
5	40-8.3-2. Definitions. As used in this chapter:
6	(1) "Base year" means, for the purpose of calculating a disproportionate share payment for
7	any fiscal year ending after September 30, 2018 2019, the period from October 1, 2016 2017,
8	through September 30, 2017 2018, and for any fiscal year ending after September 30, 2019 2020,
9	the period from October 1, 2016 2017, through September 30, 2017 2018.
10	(2) "Medicaid inpatient utilization rate for a hospital" means a fraction (expressed as a
11	percentage), the numerator of which is the hospital's number of inpatient days during the base
12	year attributable to patients who were eligible for medical assistance during the base year and the
13	denominator of which is the total number of the hospital's inpatient days in the base year.
14	(3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that:
15	(i) Was licensed as a hospital in accordance with chapter 17 of title 23 during the base year
16	and shall mean the actual facilities and buildings in existence in Rhode Island, licensed pursuant
17	to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that license,
18	regardless of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital
19	conversions) and § 23-17-6(b) (change in effective control), that provides short-term, acute
20	inpatient and/or outpatient care to persons who require definitive diagnosis and treatment for
21	injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated
22	Medicaid managed-care payment rates for a court-approved purchaser that acquires a hospital
23	through receivership, special mastership, or other similar state insolvency proceedings (which
24	court-approved purchaser is issued a hospital license after January 1, 2013), shall be based upon
25	the newly negotiated rates between the court-approved purchaser and the health plan, and such
26	rates shall be effective as of the date that the court-approved purchaser and the health plan
27	execute the initial agreement containing the newly negotiated rate. The rate-setting methodology
28	for inpatient hospital payments and outpatient hospital payments set forth in §§ 40-8-
29	13.4(b)(1)(ii)(C) and 40-8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases
30	for each annual twelve-month (12) period as of July 1 following the completion of the first full
31	year of the court-approved purchaser's initial Medicaid managed-care contract;
32	(ii) Achieved a medical assistance inpatient utilization rate of at least one percent (1%) during
33	the base year; and
	LC003746 - Page 430 of 621
1	(iii) Continues to be licensed as a hospital in accordance with chapter 17 of title 23 during the
2	payment year.
3	(4) "Uncompensated-care costs" means, as to any hospital, the sum of: (i) The cost incurred
4	by such hospital during the base year for inpatient or outpatient services attributable to charity
5	care (free care and bad debts) for which the patient has no health insurance or other third-party
6	coverage less payments, if any, received directly from such patients; and (ii) The cost incurred by
7	such hospital during the base year for inpatient or out-patient services attributable to Medicaid
8	beneficiaries less any Medicaid reimbursement received therefor; multiplied by the
9	uncompensated care index.
10	(5) "Uncompensated-care index" means the annual percentage increase for hospitals
11	established pursuant to § 27-19-14 for each year after the base year, up to and including the
12	payment year; provided, however, that the uncompensated-care index for the payment year
13	ending September 30, 2007, shall be deemed to be five and thirty-eight hundredths percent
14	(5.38%), and that the uncompensated-care index for the payment year ending September 30,
15	2008, shall be deemed to be five and forty-seven hundredths percent (5.47%), and that the
16	uncompensated-care index for the payment year ending September 30, 2009, shall be deemed to
17	be five and thirty-eight hundredths percent (5.38%), and that the uncompensated-care index for
18	the payment years ending September 30, 2010, September 30, 2011, September 30, 2012,
19	September 30, 2013, September 30, 2014, September 30, 2015, September 30, 2016, September
20	30, 2017, September 30, 2018, September 30, 2019, and September 30, 2020, and September 30,
21	2021 shall be deemed to be five and thirty hundredths percent (5.30%).
22	40-8.3-3. Implementation. (a) For federal fiscal year 2018, commencing on October 1, 2017,
23	and ending September 30, 2018, the executive office of health and human services shall submit to
24	the Secretary of the U.S. Department of Health and Human Services a state plan amendment to
25	the Rhode Island Medicaid DSH Plan to provide:
26	(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of $138.6
27	million, shall be allocated by the executive office of health and human services to the Pool D
28	component of the DSH Plan; and
29	(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
30	proportion to the individual participating hospital's uncompensated care costs for the base year,
31	inflated by the uncompensated care index to the total uncompensated care costs for the base year
32	inflated by uncompensated care index for all participating hospitals. The disproportionate share
33	payments shall be made on or before July 10, 2018, and are expressly conditioned upon approval
34	on or before July 5, 2018, by the Secretary of the U.S. Department of Health and Human
	LC003746 - Page 431 of 621
1	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
2	to secure for the state the benefit of federal financial participation in federal fiscal year 2018 for
3	the disproportionate share payments.
4	(b) (a) For federal fiscal year 2019, commencing on October 1, 2018, and ending September
5	30, 2019, the executive office of health and human services shall submit to the Secretary of the
6	U.S. Department of Health and Human Services a state plan amendment to the Rhode Island
7	Medicaid DSH Plan to provide:
8	(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
9	$142.4 million, shall be allocated by the executive office of health and human services to the Pool
10	D component of the DSH Plan; and
11	(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
12	proportion to the individual participating hospital's uncompensated care costs for the base year,
13	inflated by the uncompensated care index to the total uncompensated care costs for the base year
14	inflated by uncompensated care index for all participating hospitals. The disproportionate share
15	payments shall be made on or before July 10, 2019, and are expressly conditioned upon approval
16	on or before July 5, 2019, by the Secretary of the U.S. Department of Health and Human
17	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
18	to secure for the state the benefit of federal financial participation in federal fiscal year 2019 for
19	the disproportionate share payments.
20	(c) (b) For federal fiscal year 2020, commencing on October 1, 2019, and ending September
21	30, 2020, the executive office of health and human services shall submit to the Secretary of the
22	U.S. Department of Health and Human Services a state plan amendment to the Rhode Island
23	Medicaid DSH Plan to provide:
24	(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
25	$142.4 $142.3 million, shall be allocated by the executive office of health and human services to
26	the Pool D component of the DSH Plan; and
27	(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
28	proportion to the individual participating hospital's uncompensated care costs for the base year,
29	inflated by the uncompensated care index to the total uncompensated care costs for the base year
30	inflated by uncompensated care index for all participating hospitals. The disproportionate share
31	payments shall be made on or before July 13, 2020, and are expressly conditioned upon approval
32	on or before July 6, 2020, by the Secretary of the U.S. Department of Health and Human
33	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
	LC003746 - Page 432 of 621
1	to secure for the state the benefit of federal financial participation in federal fiscal year 2020 for
2	the disproportionate share payments.
3	(c) For federal fiscal year 2021, commencing on October 1, 2020, and ending September 30,
4	2021, the executive office of health and human services shall submit to the Secretary of the U.S.
5	Department of Health and Human Services a state plan amendment to the Rhode Island Medicaid
6	DSH Plan to provide:
7	(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of
8	$142.3 million, shall be allocated by the executive office of health and human services to the Pool
9	D component of the DSH Plan; and
10	(2) That the Pool D allotment shall be distributed among the participating hospitals in direct
11	proportion to the individual participating hospital's uncompensated care costs for the base year,
12	inflated by the uncompensated care index to the total uncompensated care costs for the base year
13	inflated by uncompensated care index for all participating hospitals. The disproportionate share
14	payments shall be made on or before July 13, 2021, and are expressly conditioned upon approval
15	on or before July 6, 2021, by the Secretary of the U.S. Department of Health and Human
16	Services, or his or her authorized representative, of all Medicaid state plan amendments necessary
17	to secure for the state the benefit of federal financial participation in federal fiscal year 2021 for
18	the disproportionate share payments.
19	(d) No provision is made pursuant to this chapter for disproportionate-share hospital
20	payments to participating hospitals for uncompensated-care costs related to graduate medical
21	education programs.
22	(e) The executive office of health and human services is directed, on at least a monthly basis,
23	to collect patient-level uninsured information, including, but not limited to, demographics,
24	services rendered, and reason for uninsured status from all hospitals licensed in Rhode Island.
25	SECTION 2. This article shall take effect as of July 1, 2020.
	LC003746 - Page 433 of 621
1	ARTICLE 18
2	RELATING TO LICENSING OF HOSPITAL FACILITIES
3	SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled “Licensing of
4	Health Care Facilities” is hereby amended to read as follows:
5	23-17-38.1. Hospitals – Licensing fee. (a) There is also imposed a hospital licensing fee at
6	the rate of six percent (6%) upon the net patient-services revenue of every hospital for the
7	hospital's first fiscal year ending on or after January 1, 2017, except that the license fee for all
8	hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent
9	(37%). The discount for Washington County hospitals is subject to approval by the Secretary of
10	the U.S. Department of Health and Human Services of a state plan amendment submitted by the
11	executive office of health and human services for the purpose of pursuing a waiver of the
12	uniformity requirement for the hospital license fee. This licensing fee shall be administered and
13	collected by the tax administrator, division of taxation within the department of revenue, and all
14	the administration, collection, and other provisions of chapter 51 of title 44 shall apply. Every
15	hospital shall pay the licensing fee to the tax administrator on or before July 10, 2019, and
16	payments shall be made by electronic transfer of monies to the general treasurer and deposited to
17	the general fund. Every hospital shall, on or before June 14, 2019, make a return to the tax
18	administrator containing the correct computation of net patient-services revenue for the hospital
19	fiscal year ending September 30, 2017, and the licensing fee due upon that amount. All returns
20	shall be signed by the hospital's authorized representative, subject to the pains and penalties of
21	perjury.
22	(b) (a) There is also imposed a hospital licensing fee at the rate of six percent (6%) upon the
23	net patient-services revenue of every hospital for the hospital's first fiscal year ending on or after
24	January 1, 2018, except that the license fee for all hospitals located in Washington County, Rhode
25	Island shall be discounted by thirty-seven percent (37%). The discount for Washington County
26	hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human
27	Services of a state plan amendment submitted by the executive office of health and human
28	services for the purpose of pursuing a waiver of the uniformity requirement for the hospital
29	license fee. This licensing fee shall be administered and collected by the tax administrator,
30	division of taxation within the department of revenue, and all the administration, collection, and
31	other provisions of Chapter 51 of Title 44 shall apply. Every hospital shall pay the licensing fee to
32	the tax administrator on or before July 13, 2020, and payments shall be made by electronic
33	transfer of monies to the general treasurer and deposited to the general fund. Every hospital shall,
34	on or before June 15, 2020, make a return to the tax administrator containing the correct
	LC003746 - Page 434 of 621
1	computation of net patient-services revenue for the hospital fiscal year ending September 30,
2	2018, and the licensing fee due upon that amount. All returns shall be signed by the hospital's
3	authorized representative, subject to the pains and penalties of perjury.
4	(c) (b) There is also imposed a hospital licensing fee for state fiscal year 2021 against each
5	hospital in the state. The hospital licensing fee is equal to five six percent (5.0%) (6.0%) of the
6	net patient-services revenue of every hospital for the hospital's first fiscal year ending on or after
7	January 1, 2018, except that the license fee for all hospitals located in Washington County, Rhode
8	Island shall be discounted by thirty-seven percent (37%). The discount for Washington County
9	hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human
10	Services of a state plan amendment submitted by the executive office of health and human
11	services for the purpose of pursuing a waiver of the uniformity requirement for the hospital
12	license fee. This licensing fee shall be administered and collected by the tax administrator,
13	division of taxation within the department of revenue, and all the administration, collection, and
14	other provisions of Chapter 51 of Title 44 shall apply. Every hospital shall pay the licensing fee to
15	the tax administrator on or before July 13, 2021, and payments shall be made by electronic
16	transfer of monies to the general treasurer and deposited to the general fund. Every hospital shall,
17	on or before June 15, 2020, make a return to the tax administrator containing the correct
18	computation of net patient-services revenue for the hospital fiscal year ending September 30,
19	2018, and the licensing fee due upon that amount. All returns shall be signed by the hospital's
20	authorized representative, subject to the pains and penalties of perjury.
21	(d) (c) For purposes of this section the following words and phrases have the following
22	meanings:
23	(1) "Hospital" means the actual facilities and buildings in existence in Rhode Island, licensed
24	pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that
25	license, regardless of changes in licensure status pursuant to Chapter 17.14 of Title 23 (hospital
26	conversions) and § 23-17-6(b) (change in effective control), that provides short-term acute
27	inpatient and/or outpatient care to persons who require definitive diagnosis and treatment for
28	injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated
29	Medicaid managed care payment rates for a court-approved purchaser that acquires a hospital
30	through receivership, special mastership, or other similar state insolvency proceedings (which
31	court-approved purchaser is issued a hospital license after January 1, 2013) shall be based upon
32	the newly negotiated rates between the court-approved purchaser and the health plan, and such
33	rates shall be effective as of the date that the court-approved purchaser and the health plan
34	execute the initial agreement containing the newly negotiated rate. The rate-setting methodology
	LC003746 - Page 435 of 621
1	for inpatient hospital payments and outpatient hospital payments set forth in §§ 40-8-13.4(b) and
2	40-8-13.4(b)(2), respectively, shall thereafter apply to negotiated increases for each annual
3	twelve-month (12) period as of July 1 following the completion of the first full year of the court-
4	approved purchaser's initial Medicaid managed care contract.
5	(2) "Gross patient-services revenue" means the gross revenue related to patient care services.
6	(3) "Net patient-services revenue" means the charges related to patient care services less (i)
7	charges attributable to charity care; (ii) bad debt expenses; and (iii) contractual allowances.
8	(e) (d) The tax administrator shall make and promulgate any rules, regulations, and
9	procedures not inconsistent with state law and fiscal procedures that he or she deems necessary
10	for the proper administration of this section and to carry out the provisions, policy, and purposes
11	of this section.
12	(f) (e) The licensing fee imposed by subsection (b) (a) shall apply to hospitals as defined
13	herein that are duly licensed on July 1, 2019, and shall be in addition to the inspection fee
14	imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with this
15	section.
16	(g) (f) The licensing fee imposed by subsection (c) (b) shall apply to hospitals as defined
17	herein that are duly licensed on July 1, 2020, and shall be in addition to the inspection fee
18	imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with this
19	section.
20	SECTION 2. This article shall take effect as of July 1, 2020.
	LC003746 - Page 436 of 621
1	ARTICLE 19
2	RELATING TO WORKFORCE DEVELOPMENT
3	SECTION 1. Chapter 5-6 of the General Laws entitled "Electricians" is hereby amended
4	by adding thereto the following sections:
5	5-6-24.2. Apprentices -- Exam requirements.
6	To be eligible for each class of electrical licensing exam, applicants must complete all the
7	requirements of an applicable registered apprenticeship program in Rhode Island, except the
8	licensing exam, or possess an electrician's license issued under the laws of another jurisdiction.
9	Apprentices must submit to the division of professional regulation their transcripts of related
10	technical instruction and the work record books from their employer(s) or other reasonably
11	satisfactory evidence showing that the applicant completed the instruction and on-the-job learning
12	as enumerated in the applicable standards of apprenticeship found in § 28-45-9.
13	5-6-24.3. Credit for electrical license exams.
14	(a) For the purposes of granting electrical licenses, the electrical board of examiners must
15	grant written approval of decisions made by an apprenticeship sponsor to grant credit for prior
16	learning or experience toward the term of the apprenticeship pursuant to § 28-45-9(2)(xii).
17	(b) The term of a time-based electrician (Class B) apprenticeship program shall be eight
18	thousand (8,000) hours of on-the-job learning. The term of a time-based maintenance electrician
19	(Class M) apprentice shall be six thousand (6,000) hours of on-the-job learning. Lightning
20	protection installers (LPI) in training are required to work a minimum of four thousand (4,000)
21	hours of on-the-job learning.
22	(c) An apprentice who has successfully completed a course of study in a recognized college
23	or university and has completed a course of electrical technology for at least two (2) academic
24	years or is the recipient of an associate degree in electrical technology may be granted credit for
25	two hundred eighty-eight (288) hours of related technical academic instruction toward completion
26	of their apprenticeship.
27	(d) An apprentice who has successfully completed a course of study in a recognized trade
28	school that provides a minimum of two hundred eighty-eight (288) hours of related technical
29	academic instruction may be granted credit for two hundred eighty-eight (288) hours of related
30	technical academic instruction toward completion of their apprenticeship.
31	(e) Sponsors may grant credit for one hundred forty-four (144) hours toward the term of the
32	apprenticeship for relevant technical academic instruction completed in a high school electrical
33	technology program, pursuant to § 28-45-9, with the written approval of the state board of
34	examiners of electricians.
	LC003746 - Page 437 of 621
1	SECTION 2. Sections 5-6-24, 5-6-24.1 and 5-6-34 of the General Laws in Chapter 5-6
2	entitled "Electricians" are hereby amended to read as follows:
3	5-6-24. Apprentices -- Registration.
4	(a) This chapter does not forbid the employment of one properly limited-registered
5	Apprentice electrician working with and under the direct personal supervision of a licensed
6	journeyperson electrician. Additionally, this chapter does not forbid the employment of: (1) One
7	properly registered apprentice burnerperson working with and under the direct personal
8	supervision of a licensed burnerperson; (2) One properly registered apprentice fire alarm installer
9	working with and under the direct personal supervision of a licensed fire alarm installer; or (3)
10	Two (2) properly registered apprentice electrical sign installers in training, working with and
11	under the direct personal supervision of a licensed electrical sign installer; (4) One properly
12	registered apprentice maintenance electrician working with and under the direct personal
13	supervision of a valid Class C or Class D license holder; or (5) One properly registered apprentice
14	lightning-protection installer in training, working with and under the direct personal supervision
15	of a licensed lightning-protection installer (LPI). Apprentices are required to register with the
16	division of professional regulation immediately upon employment with a properly licensed
17	electrical contractor or lightning-protection contractor.
18	(b) Indentured apprentice electricians are required to work a minimum of eight thousand
19	(8,000) hours over a period of time of not less than four (4) years and successfully complete one
20	hundred forty-four (144) hours of related instruction per year in an indentured apprenticeship
21	program approved by the Rhode Island department of labor and training, to qualify for the
22	journeyperson "B" electrician examination; provided, however, apprentices may receive credit for
23	one hundred forty-four (144) hours of classroom training gained in a vocational school authorized
24	by the board of education and approved by the Rhode Island department of labor and training
25	apprenticeship council. Provided, that the test applicant has possessed, for at least four (4) years
26	prior to the filing of the application, a certificate of registration in full force and effect from the
27	department of labor and training of Rhode Island specifying the person as an indentured
28	apprentice, and the application of an applicant is accompanied by an affidavit or affidavits of his
29	or her employer or former employers or other reasonably satisfactory evidence showing that the
30	applicant has been actually engaged in electrical work as an apprentice in Rhode Island during
31	those four (4) years; or the application is accompanied by an affidavit or other reasonably
32	satisfactory evidence showing that the applicant has successfully completed a course of study in a
33	recognized college or university and has pursued a course of electrical technology for at least two
34	(2) academic years or is the recipient of an associate degree in electrical technology, and has
	LC003746 - Page 438 of 621
1	thereafter been indentured by the department of labor and training as an apprentice for at least
2	two (2) years and employed as an indentured apprentice by a duly licensed electrician master in
3	this state for a period of two (2) years; or a showing that the applicant possesses a certificate of
4	license issued under the laws of another state, based on training equal to that required by the state
5	of Rhode Island. Limited-registered apprentice electricians shall be required to work a minimum
6	of four thousand (4,000) hours over a period of time of not less than two (2) years.
7	(c) Indentured apprentice maintenance electricians are required to work a minimum of six
8	thousand (6,000) hours over a period of time of not less than three (3) years and successfully
9	complete one hundred forty-four (144) hours of related instruction per year in an indentured
10	apprenticeship program approved by the Rhode Island department of labor and training, to qualify
11	for the journeyperson "M" electrician examination. Provided, however, that the test applicant has
12	possessed for at least three (3) years prior to the filing of the application a certificate of
13	registration in full force and effect from the department of labor and training specifying the
14	person as an indentured apprentice, and the application of an applicant is accompanied by an
15	affidavit or affidavits of his or her employer or former employers or other reasonably satisfactory
16	evidence showing that the applicant has been actually engaged in electrical work as an apprentice
17	in Rhode Island during those three (3) years. Class M journeyperson electricians may qualify to
18	take the journeyperson "B" electrician examination upon registering as a fourth year
19	apprenticeand becoming employed by a properly licensed Class A electrical contractor for that
20	period of time.
21	(d) Apprentice lightning-protection installers are required to work a minimum of four
22	thousand (4,000) hours over a period of time of not less than two (2) years to qualify for the
23	lightning-protection installer (LPI) examination. Provided, that the test applicant has possessed
24	for at least two (2) years prior to the filing of the application a certificate of registration in full
25	force and effect from the department of labor and training specifying the person as an apprentice
26	lightning-protection installer, and the application of an applicant is accompanied by an affidavit
27	or affidavits of his or her employer or former employers or other reasonably satisfactory evidence
28	showing that the applicant has been actually engaged in lightning-protection work as an
29	apprentice during those two (2) years.
30	5-6-24.1. Apprentices certified by other states Reciprocal recognition of electrical
31	apprentices registered in other states.
32	Any apprentice electrician holding an apprentice certificate, license, or equivalent document
33	issued by another state shall register with and obtain the approval of the division of professional
34	regulation in the department of labor and training prior to being permitted to work or serve as an
	LC003746 - Page 439 of 621
1	electrician's apprentice in this state. Provided, no approval shall be granted unless the applicant
2	demonstrates to the board that the applicant is currently enrolled in one hundred forty-four (144)
3	hours of electrical related classroom instruction per year for not less than four (4) years in an
4	indentured apprenticeship program approved by the department of labor and training. An
5	electrical apprentice registered with a registration agency outside of Rhode Island, as defined in
6	29 C.F.R. § 29.2, shall obtain reciprocal recognition from the department of labor and training
7	pursuant to § 28-45-16, prior to being permitted to work as an electrical apprentice in Rhode
8	Island.
9	5-6-34. Certification of electric sign contractors and electric sign installers.
10	(a) After July 1, 1991, and at any time prior to January 1, 1992, the division shall, without
11	examination, upon payment of the fees provided in this chapter, issue a “certificate ACF” or
12	“certificate CF" to any applicant for the certificate who presents satisfactory evidence that he or
13	she has the qualifications for the type of license applied for, and who has been engaged in the
14	occupation or business of installing, servicing, maintaining, and testing of electric signs covered
15	by the license within this state for a period of five (5) years in the case of a “certificate ACF" and
16	three (3) years in the case of a “certificate CF" prior to July 1, 1991. Any person who, being
17	qualified to obtain a “certificate ACF” or “certificate CF" under this section, is prevented from
18	making application for it because of service in the armed forces of the United States during the
19	period between July 1, 1991, and January 1, 1992, has three (3) months after discharge to make
20	an application. No person is liable for prosecution for making electric sign installations, services,
21	maintenance, or tests, without a license for the first six (6) months after July 1, 1991.
22	(b) Any apprentice electric sign installer in training having completed a training period of not
23	less than two (2) years is eligible to take a journeyperson's examination; provided, after
24	September 1, 1995, and at anytime prior to March 1, 1996, any apprentice employed and
25	sponsored by a sign company is eligible to take a journeyperson's examination, notwithstanding
26	the previously mentioned training period.
27	SECTION 3. Section 5-20-5 of the General Laws in Chapter 5-20 entitled "Plumbers,
28	Irrigators, and Water System Installers" is hereby amended to read as follows:
29	5-20-5. "Apprentice plumber" defined.
30	"Apprentice plumber," as used in this chapter, means any employee, who is registered as an
31	apprentice plumber in accordance with chapter 45 of title 28 and whose principal occupation is
32	service with a master plumber with a view to learning the art or trade of maintenance, installation,
33	or repair of plumbing, as defined in § 5-20-2.
	LC003746 - Page 440 of 621
1	SECTION 4. Section 5-70-5 of the General Laws in Chapter 5-70 entitled
2	"Telecommunications" is hereby amended to read as follows:
3	5-70-5. Form of license and registration.
4	Three (3) major forms of license shall be issued with the two (2) higher licenses carrying
5	certification for one or more of the four (4) category(s), as defined within this chapter, for which
6	qualified:
7	(1) Telecommunications system contractor.
8	(i) TSC license shall be issued to any person qualified under this chapter representing
9	themselves, individually, or a firm or corporation engaging in or about to engage in, the business
10	of designing, installing, altering, servicing, and/or testing telecommunications systems.
11	(ii) Qualification shall be evidenced by passing the examination(s) for any or all of the
12	categories of telecommunications systems described in this chapter, and applicants who hold an
13	equivalent out-of-state license, as determined by this board, issued by another state shall be
14	allowed to take the Rhode Island form TSC license examination. Applicants for TSC license who
15	hold no equivalent form of TSC license issued in another state and show evidence of three (3)
16	years of verifiable and continuous contracting experience, immediately preceding the date of
17	application and are registered to conduct business in the state of Rhode Island, will be allowed to
18	take the Rhode Island form of TSC examination. Applicants who do not meet these qualifications
19	shall have been licensed as a Rhode Island telecommunication telecommunications systems
20	technician for a minimum of three (3) consecutive years, immediately preceding the date of
21	application, in order to qualify to take the TSC examination, and shall have been registered to
22	conduct business in the state of Rhode Island.
23	(iii) The holding of a TSC license shall entitle the holder individually to contract for, engage
24	in, and/or perform the actual work of designing, installing the type(s) of telecommunications
25	systems for which they were granted certification. No individual shall be required to hold more
26	than one form of license.
27	(2) Telecommunications systems technician.
28	(i) TST license shall be issued to any person who passes the examination(s) as defined within
29	this chapter for any or all of the categories of telecommunications systems described in this
30	chapter.
31	(ii) The holding of a TST license shall entitle the holder individually to perform the actual
32	work of installing, altering, servicing, and/or testing the type(s) of telecommunications systems
33	for which they were granted certification. All the work performed shall be under the supervision
34	of the holder of a TSC license.
	LC003746 - Page 441 of 621
1	(3) Telecommunications system limited installer.
2	(i) TSLI license shall be issued to any person who passes the examination as defined within
3	this chapter and as described in this section.
4	(ii) The holding of a TSLI license shall entitle the holder to perform the actual work of
5	installation of wiring, low voltage surface raceway, enclosures, and wiring devices directly
6	associated with a telecommunications system. Connection to, installation of, or servicing of
7	telecommunications devices shall only be performed under the direct supervision of a holder of a
8	TST or TSC license.
9	(4) Trainee/telecommunications apprentice Telecommunications trainees.
10	(i) Registered trainees/telecommunications apprentices telecommunications trainees may be
11	employed to perform the actual work of installation of wiring, low voltage surface raceway,
12	enclosures, and wiring devices directly associated with a telecommunications system under the
13	direct supervision of a holder of a TST or TSC license.
14	(ii) Trainee/telecommunications apprentices Telecommunications trainees shall be required to
15	register with the licensing authority subsequent to employment by a person, firm, or corporation
16	licensed as a TSC under this chapter; and prior to being permitted to perform any actual
17	installation work.
18	(iii) The registered trainees/telecommunications apprentice telecommunications trainees shall
19	not be permitted to make connection to, install, or service telecommunications devices. No more
20	than two (2) registered trainees/telecommunications apprentices telecommunications trainees can
21	be directly supervised by a single TSC or TST license holder.
22	SECTION 5. The title of Chapter 28-3 of the General Laws entitled "Employment of Women
23	and Children" is hereby amended to read as follows:
24	CHAPTER 28-3
25	Employment of Women and Children
26	CHAPTER 28-3
27	EMPLOYMENT OF MINORS
28	SECTION 6. Section 28-3-18 of the General Laws in Chapter 28-3 entitled "Employment of
29	Women and Children" is hereby amended to read as follows:
30	28-3-18. Enforcement of provisions -- Prosecution of violations.
31	The division of labor standards has full power to enforce §§ 28-3-1 -- 28-3-20, and has all the
32	powers of the division of compliance inspection insofar as those powers relate to and affect
33	women and children minors. All actions, suits, complaints, and prosecutions for the violation of
34	any of the provisions of these sections shall be brought by and in the name of the director of labor
	LC003746 - Page 442 of 621
1	and training or the chief of the division of labor standards in the department of labor and training;
2	or by and in the name of any duly authorized representative of the director of labor and training.
3	SECTION 7. Chapter 28-4 of the General Laws entitled "Indenture of Apprentices" is hereby
4	repealed in its entirety.
5	CHAPTER 28-4
6	Indenture of Apprentices
7	28-4-1. Power of minor to execute indenture.
8	Any minor being sixteen (16) years of age or over, or who, being under sixteen (16) years of
9	age, has a limited permit to work given him or her by or under the direction of the school
10	committee where the minor resides under the provisions of chapter 3 of this title, may, by
11	execution of an indenture, bind himself or herself as provided in this chapter, for a term of service
12	of not less than one year.
13	28-4-2. Parties to sign indenture.
14	Every indenture shall be signed:
15	(1) By the minor;
16	(2) By the parents, or either one of them, as the natural guardians or guardian of the minor; or
17	by the duly appointed legal guardian of the person, or of the person and estate of the minor, if
18	any; or by the person having the legal custody of the minor;
19	(3) By the employer.
20	28-4-3. Contents of indenture.
21	Every indenture shall contain:
22	(1) The names of the parties;
23	(2) The date of birth of the minor;
24	(3) A statement of the trade, craft, or business which the minor is to be taught;
25	(4) An agreement that a certificate shall be given to the apprentice at the conclusion of his or
26	her indenture, stating that he or she has completed the apprenticeship under the indenture.
27	28-4-4. Deeds in triplicate.
28	In every case there shall be three (3) deeds in the same form and tenor, executed by all parties,
29	one to be kept by each party.
30	28-4-5. Effect of indenture as against parties.
31	All indentures made in accordance with the provisions of §§ 28-4-1 -- 28-4-4 shall be good
32	and effectual in law against all parties and the minor engaged by them, according to their tenor,
33	except as to any of their provisions that the court, in which any suit or controversy relating to the
34	articles of indenture may be heard, shall determine to be unjust or unreasonable.
	LC003746 - Page 443 of 621
1	28-4-6. Petition or complaint for breach of indenture -- Summons.
2	Whenever a petition or complaint in writing and under oath is made to any judge of the
3	district court that any master or apprentice, within a division where the court is situated, has
4	willfully neglected or refused to comply with or perform the terms and provisions of any
5	indenture, the judge, if satisfied that there is a reasonable cause for the petition or complaint, shall
6	issue a summons requiring the master or apprentice to appear before the court at a time and place
7	named in the summons to answer relative to the petition or complaint. The petitioner or
8	complainant shall cause the summons to be served by some officer qualified to serve civil process
9	upon the person complained of at least six (6) days before the time set for appearance and hearing
10	by reading the summons to the person to be served, or by leaving an attested copy of it with the
11	person to be served in his or her hands and possession, or at his or her last and usual place of
12	abode with some person living there, or if the person to be served is a corporation, then, by
13	leaving an attested copy of the summons with some officer of the corporation or at the office of
14	the corporation with some person employed there.
15	28-4-7. Determination of petition or complaint -- Enforcement of order.
16	Upon the hearing of a petition or complaint, the court may determine the controversy or
17	matter complained of in a summary way, and discharge either party from the indenture and
18	contract of apprenticeship, and may make any further order in the premises that the case may
19	require and seems proper to the court. Any neglect or failure of any person, against whom any
20	order is made, to do, perform, or comply with the order shall be contempt of court, and the court
21	may enforce its order by proceedings for contempt.
22	SECTION 8. Section 28-12-3 of the General Laws in Chapter 28-12 entitled “Minimum
23	Wages” is hereby amended to read as follows:
24	28-12-3. Minimum wages.
25	(a) Every employer shall pay to each of his or her employees: commencing July 1, 1999, at
26	least the minimum wage of five dollars and sixty-five cents ($5.65) per hour. Commencing
27	September 1, 2000, the minimum wage is six dollars and fifteen cents ($6.15) per hour.
28	(b) Commencing January 1, 2004, the minimum wage is six dollars and seventy-five cents
29	($6.75) per hour.
30	(c) Commencing March 1, 2006, the minimum wage is seven dollars and ten cents ($7.10)
31	per hour.
32	(d) Commencing January 1, 2007, the minimum wage is seven dollars and forty cents ($7.40)
33	per hour.
	LC003746 - Page 444 of 621
1	(e) Commencing January 1, 2013, the minimum wage is seven dollars and seventy-five cents
2	($7.75) per hour.
3	(f) Commencing January 1, 2014, the minimum wage is eight dollars ($8.00) per hour.
4	(g) Commencing January 1, 2015, the minimum wage is nine dollars ($9.00) per hour.
5	(h) Commencing January 1, 2016, the minimum wage is nine dollars and sixty cents ($9.60)
6	per hour.
7	(i) Commencing January 1, 2018, the minimum wage is ten dollars and ten cents ($10.10) per
8	hour.
9	(j) Commencing January 1, 2019, the minimum wage is ten dollars and fifty cents ($10.50)
10	per hour.
11	(k) Commencing October 1, 2020, the minimum wage is eleven dollars and fifty cents
12	($11.50) per hour.
13	SECTION 9. Sections 28-27-4.1, 28-27-4.2, 28-27-4.3, 28-27-5.1, 28-27-5.2, 28-27-11 and
14	28-27-18 of the General Laws in Chapter 28-27 entitled "Mechanical Trades" are hereby
15	amended to read as follows:
16	28-27-4.1. "Journeyperson refrigeration technician" defined.
17	"Journeyperson refrigeration technician" means any person who has completed a five (5) year
18	apprentice program ten thousand (10,000) hour registered apprenticeship program and/or has
19	passed a refrigeration technician examination and who by him himself or herself does work in
20	refrigeration/air conditioning subject to provisions of this chapter and the rules, regulations, and
21	licensing criteria promulgated hereunder.
22	28-27-4.2. "Journeyperson pipefitter," "journeyperson sprinkler fitter," and
23	"journeyperson sheet metal worker" defined.
24	(a) "Journeyperson pipefitter" means any person who has completed a five (5) year apprentice
25	program ten thousand (10,000) hour registered apprenticeship program and/or has passed a
26	journeyperson examination and who by himself or herself does work on pipefitting systems
27	subject to provisions of this chapter. The rules, regulations, and licensing criteria guide
28	promulgated under this chapter referencing Class II limited journeyperson licenses shall require
29	completion of an accepted formal technical program approved apprenticeship program registered
30	with by the department of labor and training.
31	(b) "Journeyperson sheet metal worker" means any person who has completed a four (4) year
32	apprentice program an eight thousand (8,000) hour registered apprenticeship program and/or has
33	passed a journeyperson sheet metal worker examination and who by himself or herself does sheet
	LC003746 - Page 445 of 621
1	metal work subject to provisions of this chapter and the rules, regulations, and licensing criteria
2	promulgated under this chapter.
3	(c) "Journeyperson sprinkler fitter" means any person who has completed a four (4) year
4	apprentice program an eight thousand (8,000) hour registered apprenticeship program and/or has
5	passed a journeyperson sprinkler fitter examination and who by himself or herself does work in
6	fire protection sprinkler systems subject to provisions of this chapter and the rules, regulations,
7	and licensing criteria promulgated under this chapter.
8	28-27-4.3. "Pipefitter apprentice," "refrigeration/air conditioning apprentice,"
9	"journeyperson sprinkler fitter apprentice" and "journeyperson sheet metal worker
10	apprentice" defined -- Duration of apprentice programs.
11	(a) "Journeyperson sheet Sheet metal worker apprentice" means any person at least eighteen
12	(18) years of age who is learning or working at the businesses business of sheet metal work under
13	the direct supervision of a sheet metal contractor or journeyperson sheet metal worker under a
14	and is registered state sanctioned as a sheet metal worker apprentice program in accordance with
15	chapter 45 of title 28.
16	(b) "Journeyperson sprinkler Sprinkler fitter apprentice" means any person at least eighteen
17	(18) years of age who is learning or working at the business of fire protection sprinkler systems
18	under the direct supervision of a master or journeyperson sprinkler fitter under a and is registered
19	state sanctioned as a sprinkler fitter apprentice, in accordance with chapter 45 of title 28 program.
20	(c) "Pipefitter apprentice" means any person at least eighteen (18) years of age who is
21	learning or working at the business of pipefitting under the direct supervision of a master
22	pipefitter or journeyperson pipefitter under a and is registered as a pipefitter state sanctioned
23	apprentice, in accordance with chapter 45 of title 28 program.
24	(d) Pipefitter, refrigeration, sprinkler fitter and sheet metal worker apprentice programs are of
25	a five (5) year duration, except as detailed in § 28-27-4.2, for all Class II limited licenses.
26	(e)(d) "Refrigeration/air conditioning apprentice" means any person at least eighteen (18)
27	years of age who is learning and working at the business of refrigeration/air conditioning as a
28	refrigeration/air conditioning registered apprentice under the direct supervision of a
29	refrigeration/air conditioning master or journeyperson under a registered state sanctioned
30	apprentice, in accordance with chapter 45 of title 28 program.
31	(e) For licensing purposes with regard to individuals who have completed pipefitter,
32	refrigeration, sprinkler fitter, and sheet metal worker apprenticeship programs, decisions by an
33	apprenticeship sponsor to grant credit for prior learning or experience toward the term of the
34	apprenticeship pursuant to chapter 45 of title 28 shall also require the written approval of the
	LC003746 - Page 446 of 621
1	mechanical board within the department of labor and training. Students in a recognized college,
2	university, or trade school who have pursued a course of pipefitting or refrigeration/air
3	conditioning, sheet metal, or fire protection sprinkler systems for at least two (2) academic years
4	or are recipients of an associate degree in pipefitting, refrigeration/air conditioning, or fire
5	protection sprinkler systems will receive credit for two hundred eighty-eight (288) hours of
6	related technical academic instruction.
7	28-27-5.1. Practices for which a journeyperson or apprentice license required Practices
8	for which a journeyperson license or apprentice registration is required.
9	(a) No person shall engage to work as a pipefitter, refrigeration/air conditioning, or sprinkler
10	fitter journeyperson or apprentice, or journeyperson sheet metal worker or apprentice, or shall
11	advertise or represent in any form or matter that he or she is a journeyperson or apprentice, unless
12	that person possesses and carries on his or her person at all times while so engaged a valid license
13	or registration issued by the department of labor and training qualifying that person as a
14	journeyperson or apprentice.
15	(b) A person holding a valid license under this chapter shall not be required to obtain an
16	additional license under this chapter to perform sheet metal work when AC air handling
17	equipment is ten (10) tons or less or when heating equipment does not exceed 250,000 BTUs.
18	(c) A holder of a journeyperson license shall only be entitled to work as an employee of the
19	properly licensed master permit holder in accordance with this chapter.
20	28-27-5.2. Issuance of P.J.F. journeyperson oil burnerperson's license.
21	(a) Any person who has previously qualified for the electrician's F certificate and the P.J.F. II
22	limited to oil individually, and presently holds both licenses, may convert to the single P.J.F.
23	limited journeyperson II oil burnerperson's license by application to the division on an approved
24	application and with payment of the applicable fee as detailed in this section. This licensee cannot
25	be self-employed and is limited to domestic oil burner service work, burner, tank, and oil line
26	installation. Persons seeking an initial P.J.F. limited journeyperson II oil burner license must
27	show proof of completion of a trade sponsored registered apprenticeship program or a trade
28	related program offered by a recognized college, university, or trade school. All programs must
29	have prior approval of the department of labor and training before licenses are issued.
30	(b) The person seeking P.J.F. licensing must be employed by a master pipefitting contractor
31	class II as detailed under § 28-27-4.
32	(c) The above provisions are similar for most limited licenses under chapter 27 of this title.
33	(d) Fees shall be as follows:
34	(1) Apprenticeship fee is thirty dollars ($30.00) with birth-month licensing;
	LC003746 - Page 447 of 621
1	(2)(1) License fee is seventy-two dollars ($72.00) with birth-month licensing;
2	(3)(2) Renewal fee is seventy-two dollars ($72.00) with birth-month licensing;
3	(e) The fees collected shall be deposited as general revenues.
4	28-27-11. Journeyperson license – Test fees – License fees and qualifications – Filing
5	deadline for journeyperson.
6	(a) No application for a journeyperson's test shall be filed by the department nor shall any
7	applicant be permitted to take the examination for a license as a journeyperson unless:
8	(1) The test application is accompanied by a test fee as outlined in § 28-27-17.
9	(2) Upon passing of a journeyperson test, payment of a license fee as outlined in § 28-27-17
10	is required and the journeyperson license will be issued as provided in § 28-27-15.
11	(3) The applicant has possessed for at least five (5) years prior to the filing of the application
12	a certificate of registration in full force and effect from the department of labor and training
13	specifying the person as a registered apprentice, and the application of an applicant: is a
14	registered apprentice in accordance with chapter 45 of title 28 having completed all the
15	requirements for completion of the apprenticeship except the licensing exam.
16	(i) Is accompanied by an affidavit or affidavits of (4) The applicant provides documentation
17	of related technical instruction and work records from his or her employer or former employers or
18	other reasonably satisfactory evidence showing that the applicant has been actually engaged in
19	pipefitting or refrigeration/air conditioning, sheet metal or fire protection sprinkler systems work
20	as an apprentice in the state of Rhode Island during those five (5) years; completed the related
21	instruction and on-the-job learning as enumerated in the standards of apprenticeship.
22	(i) For licensing purposes, decisions by an apprenticeship sponsor to grant credit for prior
23	learning or experience toward the term of the apprenticeship pursuant to chapter 45 of title 28
24	shall also require the written approval of the appropriate licensing authority.
25	(ii) Is accompanied by an affidavit or other reasonably satisfactory evidence showing that the
26	applicant has been registered as a student in a recognized college, university, or trade school and
27	has pursued a course of pipefitting or refrigeration/air conditioning, sheet metal or fire protection
28	sprinkler systems for at least two (2) academic years or is the recipient of an associate degree in
29	pipefitting or refrigeration/air conditioning or fire protection sprinkler systems, and has thereafter
30	been registered by the department of labor and training as an apprentice for at least three (3) years
31	and employed as a registered apprentice by a duly licensed pipefitter or refrigeration/air
32	conditioning or fire protection sprinkler systems master or sheet metal contractors in this state for
33	a period of three (3) years; or
	LC003746 - Page 448 of 621
1	(iii) Is (5) The application is accompanied by an affidavit or other reasonably satisfactory
2	evidence showing that the applicant possesses a certificate of license issued under the laws of
3	another state specifying that person as a journeyperson.
4	(4) The licensing authority may grant an exemption to the requirements of subdivision (a)(3)
5	on the basis of past experience.
6	(b) The test application is to be filed with the department at least fifteen (15) days prior to the
7	examination date.
8	28-27-18. Registration of apprentices.
9	(a) Any person who has agreed to work under the supervision of a licensed pipefitter,
10	refrigeration/air conditioning, sprinkler fitter or sheet metal master under a state sanctioned
11	apprenticeship program Apprentices shall be registered by the director of labor and training, in
12	accordance with chapter 45 of title 28, and be issued a certificate of apprenticeship.
13	(b) The minimum formal training period for a P.J.F. limited class II license shall be one
14	hundred sixty (160) hours of classroom and/or laboratory technical training, approved by the
15	department of labor and training as part of standards of apprenticeship. The fee schedules for the
16	P.J.F. limited license are detailed in § 28-27-5.2. All other sections of this chapter shall remain in
17	full force and effect.
18	SECTION 10. Effective January 1, 2021, sections 28-43-8.1 and 28-43-29 of the General
19	Laws in Chapter 28-43 entitled “Employment Security – Contributions” are hereby amended to
20	read as follows:
21	28-43-8.1. Time and manner of payment of employer contributions.
22	Contributions and assessments required under this chapter for each year shall be paid by each
23	employer in the manner and at the times that the director may prescribe.
24	28-43-29. Liability for contributions and election of reimbursement.
25	(a) Any nonprofit organization or governmental entity which is or becomes subject to
26	chapters 42 – 44 of this title on or after January 1, 1978, shall pay contributions under the
27	provisions of chapters 42 – 44 of this title, unless it elects, in accordance with this section, to pay
28	to the director for the employment security fund the full amount of regular benefits paid plus the
29	full amount of the extended benefits paid, less any federal payments to the state under § 204 of
30	the Federal-State Extended Unemployment Compensation Act of 1970, that are attributable to
31	service in the employ of that nonprofit organization or governmental entity to individuals for
32	weeks of unemployment which begin during the effective period of that election; provided, that
33	for weeks of unemployment beginning on or after January 1, 1979, governmental entities which
34	have elected reimbursement shall be responsible for reimbursing the employment security fund
	LC003746 - Page 449 of 621
1	for the full amount of extended benefits paid that is attributable to service in the employ of those
2	entities.
3	(b) Any nonprofit organization or governmental entity which is or becomes subject to
4	chapters 42 – 44 of this title on January 1, 1978, may elect to become liable for payments in lieu
5	of contributions for a period of not less than the 1978 tax year and the next ensuing tax year
6	provided it files with the director a written notice of its election within the thirty (30) day period
7	immediately following January 1, 1978.
8	(c) Any nonprofit organization or governmental entity which becomes subject to chapters 42
9	– 44 of this title after January 1, 1978, may elect to become liable for payments in lieu of
10	contributions for a period of not less than the balance of the tax year beginning with the date on
11	which that subjectivity begins and the next ensuing tax year by filing a written notice of its
12	election with the director not later than thirty (30) days immediately following the date of the
13	determination of that subjectivity.
14	(d) Any nonprofit organization or governmental entity which makes an election in accordance
15	with subsection (b) or (c) of this section will continue to be liable for payments in lieu of
16	contributions until it files with the director a written notice terminating its election not later than
17	thirty (30) days prior to the beginning of the tax year for which that termination shall first be
18	effective. The nonprofit organization or governmental entity shall thereafter be liable for the
19	payment of contributions for not less than that tax year and the next ensuing tax year before
20	another election can be exercised.
21	(e) Any nonprofit organization or governmental entity which has been paying contributions
22	under chapters 42 – 44 of this title for a period subsequent to January 1, 1978, may change to a
23	reimbursable basis by filing with the director not later than thirty (30) days prior to the beginning
24	of any tax year a written notice of election to become liable for payments in lieu of contributions.
25	That election shall not be terminable by the organization or entity for that tax year and for the
26	next ensuing tax year.
27	(f) The director may for good cause extend the period within which a notice of election, or a
28	notice of termination, must be filed and may permit an election to be retroactive but not any
29	earlier than with respect to benefits paid on or after January 1, 1978.
30	(g) The director, in accordance with any procedures that he or she may prescribe, shall notify
31	each nonprofit organization or governmental entity of any determination which may be made of
32	its status as an employer and of the effective date of any election which it makes and of any
33	termination of that election. Any determination shall be conclusive on the organization or the
34	entity unless within fifteen (15) days after notice of the determination has been mailed or
	LC003746 - Page 450 of 621
1	otherwise delivered to it, an appeal is made to the board of review in writing in accordance with
2	the provisions of § 28-43-14.
3	(h) Notwithstanding the foregoing, any nonprofit organization, not including governmental
4	entities, employing not less than one thousand (1,000) employees shall be subject to the job
5	development assessment as prescribed in § 28-43-8.5. The director is authorized to promulgate
6	regulations to administer this assessment, including to allow employers to make in-kind
7	contributions in lieu of monetary payments.
8	SECTION 11. Sections 28-45-1, 28-45-3, 28-45-9, 28-45-10, 28-45-11, 28-45-13, 28-45-14
9	and 28-45-16 of the General Laws in Chapter 28-45 entitled "Apprenticeship Programs in Trade
10	and Industry" are hereby amended to read as follows:
11	28-45-1. Purposes.
12	The purposes of this chapter are:
13	(1) To encourage employers, associations of employers, and organizations of employees to
14	voluntarily establish apprenticeship programs and the making of apprenticeship agreements;
15	(2) To create opportunities for young people to obtain employment and adequate training in
16	trades and industry with parallel instructions in related and supplementary education under
17	conditions that will equip them for profitable employment and citizenship;
18	(3) To cooperate with the promotion and development of apprenticeship programs and
19	systems in other states and with the federal committee on apprenticeship appointed under 29
20	U.S.C. § 50 et seq.;
21	(4) To provide for the registration and approval of apprenticeship programs and
22	apprenticeship agreements and for the issuance of state certificates of completion of
23	apprenticeship.
24	28-45-3. Powers and duties.
25	(a) The department of labor and training is the agency with responsibility and accountability
26	for apprenticeship within Rhode Island for federal purposes. The state apprenticeship council
27	shall be a regulatory council and part of the department of labor and training. The council shall
28	promulgate regulations consistent with 29 C.F.R. 29 and 30 at the direction of the director of the
29	department of labor and training and shall provide advice and guidance to the director of the
30	department of labor and training on the operation of the Rhode Island apprenticeship program
31	system. Enforcement of apprenticeship rules and regulations shall be the duty of the director of
32	the department of labor and training. In addition, the council shall:
33	(1) Adopt rules and regulations to insure ensure equality of opportunity in apprenticeship
34	programs pursuant to the Rhode Island state plan for equal opportunity in apprenticeship;
	LC003746 - Page 451 of 621
1	(2) Establish trade, craft, manufacturing, or industrial standards for apprenticeship or training
2	agreements in cooperation with a joint employer and employee groups in conformity with 29
3	C.F.R. § 29.5;
4	(3) Establish program performance standards in conformity with 29 C.F.R. § 29.6;
5	(4) Hold at least four (4) regular public meetings each year; any additional meetings
6	considered necessary shall be held at the call of the chairperson, or at the written request of a
7	majority of the members of the council;
8	(5) Formulate and publish rules of procedure for the function of local, regional, and state joint
9	apprenticeship committees and for the filling of vacancies on those committees;
10	(6) Adopt rules and regulations concerning the following:
11	(i) The contents of apprenticeship agreements in conformity with 29 C.F.R. § 29.7;
12	(ii) Criteria for apprenticeable occupations as provided by 29 C.F.R. § 29.4;
13	(iii) Reciprocal approval recognition for federal purposes to apprentices, apprenticeship
14	programs, and apprenticeship standards that are registered in other states by the U.S. department
15	of labor or another state apprenticeship program recognized by the U.S. department of labor if
16	such reciprocity is requested by the apprenticeship program sponsor;
17	(iv) The cancellation and/or deregistration of programs, and for temporary suspension,
18	cancellation, and/or deregistration of apprenticeship agreements as provided in 29 C.F.R. §§ 29.8
19	and 29.9;
20	(v) The standards of apprenticeship, program performance standards, apprenticeship
21	agreements, deregistration of registered apprenticeship programs, reinstatement of apprenticeship
22	programs, and reciprocal approval recognition of apprentices from other states.
23	(b) The department of labor and training in accord accordance with its regulations and
24	this chapter shall:
25	(1) Encourage the promotion, expansion, and improvement of programs of apprenticeship
26	training and pre-apprenticeship and the making of apprenticeship agreements;
27	(2) Bring about the settlement of differences arising out of an apprenticeship agreement when
28	those differences cannot be adjusted locally or in accordance with established trade procedure;
29	(3) Supervise the execution of agreements and maintenance of standards;
30	(4) Register or terminate or cancel the registration of apprenticeship programs and
31	apprenticeship agreements;
32	(5) Issue certificates of completion of apprenticeship;
33	(6) Keep a record of apprenticeship programs and apprentice agreements and their
34	disposition;
	LC003746 - Page 452 of 621
1	(7) Render any assistance and submit any information and data that may be requested by
2	employers, employees, and joint apprenticeship committees engaged in the formulation and
3	operation of programs of apprenticeship, particularly in regard to work schedules, wages,
4	conditions of employment, apprenticeship records, and number of apprentices;
5	(8) Adopt rules and regulations to insure ensure nondiscrimination in all phases of
6	apprenticeship and employment during apprenticeship;
7	(9) Register trade, craft, manufacturing, or industrial standards for apprenticeship or training
8	agreements in cooperation with joint employer and employee groups and in conformity with this
9	chapter, or approve and register trade, craft, manufacturing, or industrial standards for agreements
10	submitted which that are in conformity with this chapter, and disapprove those standards or
11	agreements submitted which that are not in conformity with this chapter, to the extent deemed
12	appropriate;
13	(10) Establish committees and approve nominations to existing committees which that are
14	submitted in conformity with this chapter;
15	(11) Terminate registration of committees for failure of the committee to abide by the
16	provisions of this chapter; and
17	(12) Perform any other duties that are described and imposed by this chapter.
18	28-45-9. Standards of apprenticeship programs.
19	An apprenticeship program, to be eligible for approval and registration with the department of
20	labor and training, shall conform to regulations issued by the department of labor and training and
21	29 C.F.R. 29 and 29 C.F.R. 30 and shall conform to the following standards:
22	(1) The apprenticeship program is an organized, written plan embodying the terms and
23	conditions of employment, training, and supervision of one or more apprentices in the
24	apprenticeable occupation, as defined in this chapter and subscribed to by a sponsor who has
25	undertaken to carry out the apprentice training apprenticeship program.
26	(2) The program standards contain the equal opportunity pledge prescribed in 29 C.F.R §
27	30.3(b) and, when applicable, an affirmative action plan in accordance with 29 C.F.R. § 30.4, a
28	selection method authorized in 29 C.F.R § 30.5 30.10, or similar requirements expressed in a state
29	plan for equal employment opportunity in apprenticeship adopted pursuant to 29 C.F.R. Part 30
30	and approved by the U.S. department of labor, and provisions concerning the following:
31	(i) The employment and training of the apprentice in a skilled occupation;
32	(ii) A term of apprenticeship not less than two thousand (2,000) hours of work experience,
33	consistent with training requirements as established by industry practice, which for an individual
34	apprentice may be measured either through the completion of the industry standard for on-the-job
	LC003746 - Page 453 of 621
1	learning (at least two thousand (2,000) hours) (time-based approach), the attainment of
2	competency (competency-based approach), or a blend of the time-based and competency-based
3	approaches (hybrid approach):
4	(A) The time-based approach measures skill acquisition through the individual apprentice's
5	completion of at least two thousand (2,000) hours of on-the-job learning as described in a work
6	process schedule;
7	(B) The competency-based approach measures skill acquisition through the individual
8	apprentice's successful demonstration of acquired skills and knowledge, as verified by the
9	program sponsor. Programs utilizing this approach must still require apprentices to complete an
10	on-the-job learning component of registered apprenticeship. The program standards must address
11	how on-the-job learning will be integrated into the program, describe competencies, and identify
12	an appropriate means of testing and evaluation for such competencies;
13	(C) The hybrid approach measures the individual apprentice's skill acquisition through a
14	combination of specified minimum number of hours of on-the-job learning and the successful
15	demonstration of competency as described in a work process schedule; and
16	(D) The determination of the appropriate approach for the program standards is made by the
17	program sponsor, subject to approval by the registration agency of the determination as
18	appropriate to the apprenticeable occupation for which the program standards are registered.
19	(iii) An outline of the work processes in which the apprentice will receive supervised work
20	experience and training on the job, and the allocation of the approximate time to be spent in each
21	major process;
22	(iv) Provision for organized, related, and supplemental instruction in technical subjects
23	related to the trade. A minimum of one hundred forty-four (144) hours for each year of
24	apprenticeship is recommended. This instruction in technical subjects may be accomplished
25	through media, such as classroom, occupational or industry courses, electronic media, or other
26	instruction approved by the department of labor and training; every apprenticeship instructor
27	must:
28	(A) Meet the Rhode Island department of elementary and secondary education requirements
29	for a vocational-technical career and technical education instructor, or be a subject matter expert,
30	which is an individual, such as a journey worker, who is recognized within an industry as having
31	expertise in a specific occupation; and
32	(B) Have training in teaching techniques and adult learning styles, which may occur before or
33	after the apprenticeship instructor has started to provide the related technical instruction.
	LC003746 - Page 454 of 621
1	(v) A statement of the progressively increasing scale of wages to be paid the apprentice
2	consistent with the skill acquired, the entry wage to be not less than the minimum wage
3	prescribed by the federal and state labor standards act, where applicable, unless a higher wage is
4	required by other applicable federal law, state law, respective regulations, or by collective
5	bargaining agreement;
6	(vi) A provision for periodic review and evaluation of the apprentice's progress in job
7	performance and related instruction, and the maintenance of appropriate progress records;
8	(vii) The numeric ratio of apprentices to journeypersons consistent with proper supervision,
9	training, safety, and continuity of employment, and applicable provisions in collective bargaining
10	agreements, except where the ratios are expressly prohibited by the collective bargaining
11	agreement. The ratio language shall be specific and clear as to application in terms of jobsite,
12	work force, department, or plant;
13	(viii) A probationary period reasonable in relation to the full apprenticeship term, with full
14	credit given for the period toward completion of apprenticeship. the The probationary period shall
15	not exceed twenty-five percent (25%) of the length of the program or one year, whichever is
16	shorter;
17	(ix) Adequate and safe equipment and facilities for training and supervision, and safety
18	training for apprentices on the job and in related instruction;
19	(x) The minimum qualifications required by a sponsor for persons entering the apprenticeship
20	program, with an eligible starting age not less than sixteen (16) years;
21	(xi) The placement of an apprentice under a written apprenticeship agreement that conforms
22	to the requirements of this chapter. The agreement shall directly, or by reference incorporate the
23	standards of the program as part of the agreement;
24	(xii) The granting of advanced standing or credit for demonstrated competency, previously
25	acquired experience, training, or skills for all applicants equally, with commensurate wages for
26	any progression step so granted;
27	(xiii) The transfer of an apprentice between apprenticeship programs and within an
28	apprenticeship program must be based on agreement between the apprentice and the affected
29	apprenticeship committees or program sponsors, and must comply with the following
30	requirements:
31	(A) The transferring apprentice must be provided a transcript of related instruction and on-
32	the-job learning by the committee or program sponsor;
33	(B) Transfer must be to the same occupation; and
	LC003746 - Page 455 of 621
1	(C) A new apprenticeship agreement must be executed when the transfer occurs between
2	program sponsors.
3	(xiv) Assurance of qualified training personnel and adequate supervision on the job;
4	(xv) Recognition for successful completion of apprenticeship evidenced by an appropriate
5	certificate issued by the department of labor and training;
6	(xvi) Program standards that utilize the competency-based or hybrid approach for progression
7	through an apprenticeship and that choose to issue interim credentials must clearly identify the
8	interim credentials, demonstrate how these credentials link to the components of the
9	apprenticeable occupation, and establish the process for assessing an individual apprentice's
10	demonstration of competency associated with the particular interim credential; further, interim
11	credentials must only be issued for recognized components of an apprenticeable occupation,
12	thereby linking interim credentials specifically to the knowledge, skills, and abilities associated
13	with those components of the apprenticeable occupation.
14	(xvii) Identification of the department of labor and training as the registration agency;
15	(xviii) Provision for the registration, cancellation, and deregistration of the program, and
16	requirement for the prompt submission of any modification or amendment to the department of
17	labor and training for approval;
18	(xix) Provision for registration of apprenticeship agreements, modifications, and
19	amendments; notice to the department of labor and training of persons who have successfully
20	completed apprenticeship programs; and notice of transfers, cancellations, suspensions, and
21	terminations of apprenticeship agreements and a statement of the reasons therefore;
22	(xx) Authority for the cancellation of an apprenticeship agreement during the probationary
23	period by either party without stated cause. Cancellation during the probationary period will not
24	have an adverse impact on the sponsor's completion rate;
25	(xxi) Compliance with 29 C.F.R. 30, including the equal opportunity pledge prescribed in 29
26	C.F.R. § 30.3(b); an affirmative action plan complying with 29 C.F.R. § 30.4; and a method for
27	the selection of apprentices authorized by 29 C.F.R § 30.5 30.10, or compliance with parallel
28	requirements contained in a state plan for equal opportunity in apprenticeship adopted under 29
29	C.F.R. part 30 and approved by the department. The apprenticeship standards must also include a
30	statement that the program will be conducted, operated, and administered in conformity with
31	applicable provisions of 29 C.F.R. part 30, as amended, or if applicable, an approved state plan
32	for equal opportunity in apprenticeship;
33	(xxii) Name and address, telephone number, and e-mail address (if applicable) of the
34	appropriate authority under the program to receive, process, and make disposition of complaints;
	LC003746 - Page 456 of 621
1	(xxiii) Recording and maintenance of all records concerning apprenticeship as may be
2	required by the office of apprenticeship or the department of labor and training and other
3	applicable law.
4	28-45-10. Definitions.
5	For the purposes of this chapter:
6	(1) "Apprentice" means a worker at least sixteen (16) years of age, except where a higher
7	minimum age standard is otherwise fixed by law or by the apprenticeship program sponsor, who
8	is employed to learn an apprenticeable occupation as provided in 29 C.F.R. § 29.4 under
9	standards of apprenticeship fulfilling the requirement of 29 C.F.R. § 29.5.
10	(1)(2) "Apprenticeship agreement" means a written agreement complying with 29 C.F.R. §
11	29.7 between an apprentice and either the apprenticeship program sponsor, or an apprenticeship
12	committee acting as agent for the program sponsor(s), which contains the terms and conditions of
13	the employment and training of the apprentice.
14	(2)(3) "Apprenticeable occupation" which is an occupation that possesses all of the following
15	characteristics:
16	(i) It is customarily learned in a practical way through a structured, systematic program of on
17	the job on-the-job supervised learning.
18	(ii) It is clearly identified and commonly recognized throughout an industry.
19	(iii) It involves the progressive attainment of manual, mechanical, or technical skills and
20	knowledge, which is in accordance with the industry standard for the occupation, that requires the
21	completion of at least a minimum of two thousand (2,000) hours of on the job on-the-job learning
22	to attain experience.
23	(iv) It requires related instruction to supplement the on the job on-the-job learning.
24	(4) "Apprenticeship program" means a plan containing all terms and conditions for the
25	qualification, recruitment, selection, employment, and training of apprentices, as required under
26	29 C.F.R. Parts 29 and 30, including such matters as the requirement for a written apprenticeship
27	agreement.
28	(3)(5) "Council" means the state apprenticeship council as established by § 28-45-2.
29	(4)(6) "OA" means office of apprenticeship, U.S. department of labor.
30	(7) "Registration agency" means the office of apprenticeship or a recognized state
31	apprenticeship agency that has responsibility for registering apprenticeship programs and
32	apprentices; providing technical assistance; and conducting reviews for compliance with 29
33	C.F.R. Parts 29 and 30 and quality assurance assessments.
34	(5)(8) "Secretary" means secretary of the U.S. department of labor.
	LC003746 - Page 457 of 621
1	28-45-11. Applicability of chapter.
2	The provisions of this chapter shall apply only to registered apprenticeships and shall apply to
3	a firm, person, corporation, or organization of employees or an association of employers only
4	after that person, firm, corporation, or organization of employees or association of employers has
5	voluntarily elected to conform to its provisions.
6	28-45-13. Standards of apprenticeship agreements.
7	All apprenticeship agreements submitted for approval and registration with the department of
8	labor and training shall contain, explicitly or by reference, standards adopted by the council,
9	including:
10	(1) Names and signatures of the contracting parties (apprentice and the program sponsor or
11	employer), and the signature of a parent or guardian if the apprentice is a minor.
12	(2) The date of birth of apprentice and on a voluntary basis the social security number of the
13	apprentice.
14	(3) Name and address of the program sponsor and the registration agency.
15	(4) A statement of the occupation, trade, or craft in which the apprentice is to be trained, and
16	the beginning date and term (duration) of apprenticeship.
17	(5) A statement showing:
18	(i) The number of hours to be spent by the apprentice in work on the job in a time-based
19	program or a description of the skill sets to be attained by completion of a competency-based
20	program, including the on-the-job learning component; or the minimum number of hours to be
21	spent by the apprentice and a description of the skill sets to be attained by completion of a hybrid
22	program.
23	(ii) The number of hours to be spent in related and supplemental instruction in technical
24	subjects related to the occupation, which is recommended to be not less than one hundred forty-
25	four (144) hours per year.
26	(6) A statement setting forth a schedule of the work processes in the occupation or industry
27	divisions in which the apprentice is to be trained and the approximate time to be spent at each
28	process.
29	(7) A statement of the graduated scale of wages to be paid the apprentice and whether or not
30	the required related instruction shall be compensated.
31	(8) Statements providing:
32	(i) For a specific period of probation, during which time the apprenticeship agreement may be
33	terminated by either party to the agreement upon written notice to the department of labor and
34	training, without adverse impact on the sponsor; and
	LC003746 - Page 458 of 621
1	(ii) That, after the probationary period, the agreement may be cancelled at the request of the
2	apprentice, or may be suspended, or terminated by the sponsor, for good cause, with due notice to
3	the apprentice and a reasonable opportunity for corrective action, and with written notice to the
4	apprentice and to the department of labor and training of the final action taken.
5	(9) A reference incorporating as part of the agreement the standards of the apprenticeship
6	program as it exists on the date of the agreement and as it may be amended during the period of
7	the agreement.
8	(10) A statement that the apprentice will be accorded equal opportunity in all phases of
9	apprenticeship employment, and training, without discrimination because of race, color, religion,
10	national origin, or sex, sexual orientation, gender identity or expression, disability, age, or
11	country of ancestral origin, as enumerated in § 28-5-5.
12	(11) Name and address, phone telephone number, and e-mail address (if applicable) of the
13	appropriate authority, if any, designated under the program to receive, process, and make
14	disposition of controversies or differences arising out of the apprenticeship agreement when the
15	controversies or differences cannot be adjusted locally or resolved in accordance with the
16	established procedure or applicable collective bargaining provisions.
17	28-45-14. State EEO plan.
18	The apprenticeship program shall operate in conformance with state law, including the EEO
19	standards and regulations the state plan for equal employment opportunity in registered
20	apprenticeship programs, adopted by the department of labor and training.
21	28-45-16. Reciprocity.
22	(a) When a sponsor of an active apprenticeship program which that is registered and
23	operating in a neighboring state with a registration agency, as defined by 29 C.F.R. § 29.2 and
24	located outside of Rhode Island requests registration reciprocal recognition from the department
25	of labor and training to train apprentices for work projects in this state, the sponsor apprentice
26	shall be granted registration providing recognition as long as the sponsor conforms complies with
27	the regulations and standards of the state of Rhode Island.
28	(b) An apprentice registered in an approved registered apprenticeship program in a
29	neighboring state will be awarded certification of registration for state purposes upon request and
30	on the condition that the neighboring state's sponsorship program is registered with the
31	appropriate state apprentice agency.
32	(c) The department of labor and training shall have the authority to expand or limit the
33	number of states that are subject to the provisions of subsection (a) of this section by regulation
34	through the promulgation of rules and regulations.
	LC003746 - Page 459 of 621
1	(d) The department of labor and training shall accord reciprocal approval for federal purposes
2	to apprentices, apprenticeship programs and standards that are registered in other states by the
3	U.S. department of labor or a registration agency recognized by the U.S. department of labor if
4	such reciprocity is requested by the apprenticeship program sponsor; program sponsors seeking
5	reciprocal approval must meet Rhode Island wage and hour provisions and apprentice
6	ratio standards.
7	SECTION 12. Section 28-45-18 of the General Laws in Chapter 28-45 entitled
8	"Apprenticeship Programs in Trade and Industry" is hereby repealed.
9	28-45-18. Vocational school training.
10	(a) The board of regents for elementary and secondary education may authorize vocational
11	schools to provide apprenticeship classroom training to students subject to the approval of the
12	Rhode Island department of labor and training.
13	(b) In the event the board of regents authorizes state-certified apprenticeship training under
14	subsection (a), and a student successfully completes the vocational school program, then the
15	student shall receive apprentice credit, to be applied against a state-certified apprenticeship
16	program requirement set forth by the state apprenticeship council pursuant to § 28-45-13, for one
17	hundred forty-four (144) hours of apprenticeship classroom training.
18	SECTION 13. Effective July 1, 2020, Chapter 37-13 of the General Laws entitled "Labor and
19	Payment of Debts by Contractors" is hereby amended by adding thereto the following sections:
20	37-13-3.2. Legislative findings, intent, and purposes.
21	It is hereby found and declared as follows:
22	(1) It is the intent of the general assembly in enacting this act to protect the state's proprietary
23	and financial interests in major school construction projects by requiring participating contractors
24	and subcontractors working on such projects to maintain effective apprenticeship training
25	programs as a means for ensuring they will deploy properly trained craft labor required for
26	these projects.
27	(2) New school construction is a critical and pressing need for Rhode Island. A 2017 report
28	commissioned by the School Building Authority, State of Rhode Island Schoolhouses, identified
29	more than 2.2 billion dollars ($2,200,000,000) in deficiencies in the state's three hundred six
30	(306) public schools. Subsequently, state and local authorities won voter approval in 2018
31	authorizing the issuance of 250 million dollars ($250,000,000) in general obligation bonds over
32	five (5) years to fund school construction projects. It is essential that these vital resources be
33	administered carefully to ensure the delivery of safe, timely, high-quality construction projects.
34	To this end, public contracts awarded for this work must fully comply with the intent and purpose
	LC003746 - Page 460 of 621
1	of existing state law provisions requiring the use of qualified, responsible bidders pursuant to
2	§45-55-5.
3	(3) School construction projects valued at five million dollars ($5,000,000) or more are
4	inherently complex undertakings that utilize multiple site contractors and subcontractors and
5	dozens or even hundreds of skilled craft personnel in various specialized trades. Errors in
6	construction planning on such projects can result in cost overruns, inferior quality, increased
7	safety risks, and schedule delays that can disrupt the timely delivery of educational services. Such
8	effects are especially problematic where they are caused by flaws in project staffing insofar as
9	construction is both a highly skilled and labor-intensive industry. While these challenges exist
10	under virtually any market conditions, the construction industry is currently facing acute,
11	widespread labor shortages that pose unprecedented risks to future project delivery. Unless
12	effective policy responses are developed to address this skills crisis, it is estimated there will be a
13	national shortage of one million five hundred thousand (1,500,000) construction workers by
14	2022. Consider the following research studies: The Associated General Contractors of America,
15	Eighty Percent of Contractors Report Difficulty Finding Qualified Craft Workers to Hire As
16	Association Calls for Measures to Rebuild Workforce (August 29, 2018); Construction Labor
17	Market Analyzer, Construction Users RoundTable, The Long-Term Outlook for Construction
18	6(2017); Petrochemical Update, Heather Doyle, Craft Labor Shortage Seriously Affecting Mega
19	Projects: Poll, (June 29, 2017). Given these circumstances, Rhode Island, like virtually all other
20	states, has been struggling for several years with this skills gap and has been working to address
21	the growing risks posed by this challenge. Building Futures, Gerard M. Waites, Ahead of the
22	Curve: Increasing Apprentice Utilization in Rhode Island's Construction Industry, (March 2013);
23	Building Futures, Beth Ashman-Collins, Phase 1 - Skills Gap Analysis, RI Construction Trades,
24	(April 25, 2008).
25	(4) These construction labor shortages, which have been extensively documented in both
26	national and local research reports, are already causing serious disruptions to project delivery in
27	the form of negative effects on project cost, schedule, safety, and quality. Consider the following
28	research studies: Virtual Builders Exchange, Adolfo Pesquera, Labor Shortages Spur Increased
29	Pay/Benefits, Yet Construction Firms Bullish on 2019, (January 4, 2019); Associated Builders
30	and Contractors, Inc., ABC Highlights Construction Worker Shortage During National
31	Apprenticeship Week, (November 15, 2017); The Aspen Institute: Workforce Strategies
32	Initiative, Maureen Conway and Allison Gerber, Construction Pre-Apprenticeship Programs:
33	Results from a National Survey 6-7 (2009).
	LC003746 - Page 461 of 621
1	(5) Substantial research also shows that apprenticeship training programs are one of the
2	most viable solutions for addressing these challenges because it has long been recognized as a
3	matter of public policy and industry practice that using apprenticeship training programs
4	effectively and reliably develops a skilled workforce to meet our nation's construction industry
5	needs, including critical infrastructure programs, such as educational facilities. To this end, the
6	U.S. Congress passed the National Apprenticeship Act, Pub. L. No. 75-308, 50 Stat. 664, in 1937
7	to promote the use of structured education and training in the skilled crafts and trades through
8	formal apprenticeship training programs.
9	(6) The value, benefits, and utility of using apprenticeship training programs in the
10	construction industry have been verified by numerous public and private research projects over
11	the past several years. Consider the following research studies: Case Western Reserve University
12	and U.S. Department of Commerce, The Benefits and Costs of Apprenticeship: A Business
13	Perspective; The Council of Economic Advisors, Addressing America's Reskilling Challenge 7-8
14	(2018); The Workforce Training & Education Coordinating Board, a Washington state agency,
15	Workforce Training Results (2015); U.S. Departments of Labor, Commerce, Education, and
16	Health and Human Services, What Works in Job Training: A Synthesis of the Evidence 8 (2014);
17	The Aspen Institute: Workforce Strategies Initiative, Matt Helmer and Dave Altstadt,
18	Apprenticeship: Completion and Cancellation in the Building Trades 8-9 (2013); Mathematica
19	Policy Research, Debbie Reed et. al, An Effectiveness Assessment and Cost-Benefit Analysis of
20	Registered Apprenticeship in 10 States (2012); and Urban Institute, Robert Lerman et al., The
21	Benefits and Challenges of Registered Apprenticeship: Sponsors' Perspective ii (2009).
22	(7) Given these factors, apprenticeship programs that are operated in accordance with
23	federally established qualification standards under 29 C.F.R. § 29 have been relied upon for more
24	than eighty (80) years as the most effective and reliable method for conducting skills training in
25	construction, and such programs are broadly relied upon for addressing the industry's current
26	skills crisis. Recognizing these benefits, numerous states have enacted legislation requiring
27	contractors to participate in formal apprenticeship programs as a condition for performing public
28	works projects. Rhode Island adopted such a policy for general public works projects in 2014 by
29	enacting § 37-13-3.1. Private sector construction organizations, such as the Construction Users
30	Roundtable, support similar strategies and have recommended that those responsible for large
31	capital projects require site contractors to participate in credible skills training programs as a
32	condition of performing work on their projects. Consider the following research study:
33	Construction Users Roundtable, Skilled Labor Shortage Risk Mitigation (January 2015).
	LC003746 - Page 462 of 621
1	(8) Requiring contractors and subcontractors on major school construction projects to
2	participate in apprenticeship training programs will help ensure that craft labor personnel on such
3	projects are properly trained by verifying that they are either apprentices currently enrolled in
4	bona fide programs or graduates of such programs. These efforts will also promote needed
5	workforce development efforts in construction that are critical for ensuring future projects are
6	properly staffed with qualified construction craft personnel.
7	37-13-3.3. Definitions.
8	For purposes of this section:
9	(1) "Approved apprenticeship program" or "apprenticeship program" shall mean an
10	apprenticeship program that has been approved by the U.S. Department of Labor, or by a
11	recognized state apprenticeship agency, pursuant to 29 C.F.R. Parts 29 and 30; however, such
12	programs shall not include those that have obtained only provisional approval status. The required
13	apprenticeship programs may either be programs that have specifically allocated funding and
14	are subject to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et
15	seq. ("ERISA") or be non-ERISA programs financed by general funds of employers.
16	(2) "School construction contract" shall mean any construction contract for a school
17	building or any school-related facility that is funded with public money.
18	(3) "User agency" shall mean the state, municipality, quasi-governmental agency, or other
19	entity that is responsible for management of a school construction contract.
20	37-13-3.4. School construction contract apprenticeship requirements.
21	(a) Notwithstanding any laws to the contrary, all specifications in any invitations to bid on
22	any school construction contract valued at five million dollars ($5,000,000) or more shall
23	include a requirement that all bidders responding to an invitation to bid on a school construction
24	contract shall have an approved apprenticeship program for all suitable crafts or trades as
25	determined by the state department of labor and training that will be employed on the project at
26	the time of bid. All bidders responding to such invitation to bid shall also provide proof in the bid
27	package of the existence of an approved apprenticeship program for all suitable crafts or trades as
28	determined by the state department of labor and training that will be employed on the project by
29	all contractors and subcontractors needed for the project. All general contractors and
30	subcontractors who perform work on any school construction contract valued at five million
31	dollars ($5,000,000) or more that is awarded after passage of this section shall ensure that no less
32	than ten percent (10%) of the labor hours worked on the project shall be performed by apprentices
33	for all suitable crafts or trades as determined by the state department of labor and training that
	LC003746 - Page 463 of 621
1	will be employed on the project. The provisions of this section shall only apply to contractors and
2	subcontractors with five (5) or more employees.
3	(b) All bids for such school construction contracts valued at five million dollars ($5,000,000) or
4	more shall fully comply with the intent and purpose of existing state law provisions requiring the
5	use of qualified, responsible bidders pursuant to § 45-55-5, including the criteria that invitation
6	for such bids shall reference this section when enumerating the objective measurable criteria
7	that will be used to make awards, as required by § 45-55-5(b).
8	(c) For the purposes of this section, the ten percent (10%) apprenticeship requirement
9	shall be applied per month.
10	(d) Upon petition by a contractor in writing, a user agency may lower the ten percent
11	(10%) apprenticeship requirement of this section for a specific project for one or more crafts or
12	trades for the following reasons:
13	(1) The demonstrated lack of availability of apprentices in specific geographic areas; or
14	(2) Participating contractors have demonstrated a good faith effort to comply with the
15	requirements of this section but have not been able to attain the ten percent (10%) requirement.
16	(e) Any determination by a user agency to lower the apprenticeship requirements according
17	to this section shall be provided in writing to the contractor and to the state department of labor
18	and training.
19	(f) The state department of labor and training shall provide information and technical
20	assistance to any affected user agencies and contractors awarded any school construction
21	contracts relative to their obligations under this section.
22	(g) Any contractor or subcontractor awarded a school construction contract shall collect and
23	submit the following data for each project covered by this section to the user agency on
24	certified payroll forms, as required by § 37-13-13:
25	(1) The name and dollar value of the project being worked on;
26	(2) The name of each apprentice categorized by trade or craft; each apprentice's registration
27	number; the name and address of each apprentice's approved apprenticeship program; and the
28	number of hours each apprentice has worked on the project for each month being reported;
29	(3) The name of each journey level worker, categorized by trade or craft, and the number of
30	hours each has worked on the project for each month being reported; and
31	(4) If applicable, the number, type, and rationale for the exceptions granted.
32	(h) Upon receiving the data from any contractor or subcontractor awarded a school
33	construction contract, the user agency shall provide the department of administration and the
34	department of labor and training with said data. The department of administration shall develop
	LC003746 - Page 464 of 621
1	procedures for using and comparing said data and shall annually publish a report with aggregate
2	data related to apprenticeships.
3	(i) The user agency shall withhold the next scheduled payment to any contractor or
4	subcontractor who does not submit the information required by the provisions of this section and
5	shall also notify the director of labor and training of the contractor's noncompliance. The user
6	agency shall withhold final payment until all of the information required by the provisions of this
7	section has been provided.
8	(j) The department of labor and training may also impose a penalty of up to five hundred
9	dollars ($500) for each calendar day that any contractor or subcontractor does not comply with
10	the requirement to submit data pursuant to the provisions of this section, as determined by the
11	director of labor and training. Such penalty shall be paid by the contractor or subcontractor to the
12	department of labor and training. Mere errors or omissions shall not be grounds for imposing a
13	penalty under this subsection. The severity of any penalties shall be based on the facts and
14	circumstances involved in the violation, including whether there are repeat or multiple violations
15	and/or willful conduct.
16	(k) Any penalties assessed pursuant to the provisions of this section shall be paid to the
17	department of labor and training's dedicated "prevailing wages enforcement fund" and be
18	deposited in a restricted receipt account.
19	(l) Failure of the contractors and subcontractors required to utilize apprentices or be
20	exempted shall be considered a material breach of their school construction contract, and they
21	shall be subject to any and all applicable penalties under their contract with the user agency.
22	(m) Any contractor or subcontractor aggrieved by any action taken by the director of the
23	state department of labor and training or his or her designated hearing officer, pursuant to the
24	provisions of chapter 13 of title 37, may obtain a review thereof for the purpose of obtaining
25	relief from the action or lack of action, pursuant to § 37-13-15.
26	(n) To the extent that any of the provisions contained in § 37-13-3.3 conflict with the
27	requirements for federal aid contracts, federal law and regulations shall control.
28	SECTION 14. Effective July 1, 2020, sections 37-13-3.1 and 37-13-14.1 of the
29	General Laws in Chapter 37-13 entitled "Labor and Payment of Debts by Contractors" are
30	hereby amended to read as follows:
31	37-13-3.1. State public works contract apprenticeship requirements.
32	Notwithstanding any laws to the contrary, all general contractors and subcontractors who
33	perform work on any public works contract awarded by the state after passage of this act and
34	valued at one million dollars ($1,000,000) or more shall employ apprentices required for the
	LC003746 - Page 465 of 621
1	performance of the awarded contract. The number of apprentices shall comply with the
2	apprentice-to-journeyman ratio for each trade approved by the apprenticeship council of the
3	department of labor and training. the department of labor and training. To the extent that any of
4	the provisions contained in this section conflict with the requirements for federal aid contracts,
5	federal law and regulations shall control.
6	37-13-14.1. Enforcement -- Hearings.
7	(a) Before issuing an order or determination, the director of labor and training shall order a
8	hearing thereon at a time and place to be specified, and shall give notice thereof, together with a
9	copy of the complaint or the purpose thereof, or a statement of the facts disclosed upon
10	investigation, which notice shall be served personally or by mail on any person, firm, or
11	corporation affected thereby. The person, firm, or corporation shall have an opportunity to be
12	heard in respect to the matters complained of at the time and place specified in the notice, which
13	time shall be not less than five (5) days from the service of the notice personally or by mail. The
14	hearing shall be held within ten (10) thirty (30) days from the order of hearing. The hearing shall
15	be conducted by the director of labor and training or his or her designee. The hearing officer in
16	the hearing shall be deemed to be acting in a judicial capacity and shall have the right to issue
17	subpoenas, administer oaths, and examine witnesses. The enforcement of a subpoena issued
18	under this section shall be regulated by Rhode Island civil practice law and rules. The hearing
19	shall be expeditiously conducted, and upon such hearing, the hearing officer shall determine the
20	issues raised thereon and shall make a determination and enter an order within ten (10) thirty (30)
21	days of the close of the hearing, and forthwith serve a copy of the order, with a notice of the filing
22	thereof, upon the parties to the proceeding, personally or by mail. The order shall dismiss the
23	charges or direct payment of wages or supplements found to be due, including interest at the rate
24	of twelve percentum (12%) per annum from the date of the underpayment to the date of payment,
25	and may direct payment of reasonable attorney's fees and costs to the complaining party.
26	(b) In addition to directing payment of wages or supplements including interest found to be
27	due, the order shall also require payment of a further sum as a civil penalty in an amount up to
28	three times the total amount found to be due. Further, if the amount of salary owed to an
29	employee pursuant to this chapter but not paid to the employee in violation of thereof exceeds
30	five thousand dollars ($5,000), it shall constitute a misdemeanor and shall be referred to the office
31	of the attorney general. The misdemeanor shall be punishable for a period of not more than one
32	year in prison and/or fined not more than one thousand dollars ($1,000). In assessing the amount
33	of the penalty, due consideration shall be given to the size of the employer's business, the good
34	faith of the employer, the gravity of the violation, the history of previous violations, and the
	LC003746 - Page 466 of 621
1	failure to comply with recordkeeping or other nonwage requirements. The surety of the person,
2	firm, or corporation found to be in violation of the provisions of this chapter shall be bound to
3	pay any penalties assessed on such person, firm, or corporation. The penalty shall be paid to the
4	department of labor and training for deposit in the state treasury; provided, however, it is hereby
5	provided that the general treasurer shall establish a dedicated "prevailing wages enforcement
6	fund" for the purpose of depositing the penalties paid as provided herein. There is hereby
7	appropriated to the annual budget of the department of labor and training the amount of the fund
8	collected annually under this section, to be used at the direction of the director of labor and
9	training for the sole purpose of enforcing prevailing wage rates as provided in this chapter.
10	(c) For the purposes of this chapter, each day or part thereof of violation of any provision of
11	this chapter by a person, firm, or corporation, whether the violation is continuous or
12	intermittent, shall constitute a separate and succeeding violation.
13	(d) In addition to the above, any person, firm, or corporation found in violation of any of the
14	provisions of this chapter by the director of labor and training, an awarding authority, or the
15	hearing officer, shall be ineligible to bid on, or be awarded work by, an awarding authority or
16	perform any such work for a period of no less than eighteen (18) months and no more than thirty-
17	six (36) months from the date of the order entered by the hearing officer. Once a person, firm, or
18	corporation is found to be in violation of this chapter, all pending bids with any awarding
19	authority shall be revoked, and any bid awarded by an awarding authority prior to the
20	commencement of the work shall also be revoked.
21	(e) In addition to the above, any person, firm, or corporation found to have committed
22	two (2) or more willful violations in any period of eighteen (18) months of any of the provisions
23	of this chapter by the hearing officer, which violations are not arising from the same incident,
24	shall be ineligible to bid on, or be awarded work by, an awarding authority or perform any work
25	for a period of sixty (60) months from the date of the second violation.
26	(f) The order of the hearing officer shall remain in full force and effect unless stayed by
27	order of the superior court.
28	(g) The director of labor and training, awarding authority, or hearing officer shall notify the
29	bonding company of any person, firm, or corporation suspected of violating any section of this
30	chapter. The notice shall be mailed certified mail and shall enumerate the alleged violations
31	being investigated.
32	(h) In addition to the above, any person, firm, or corporation found to have willfully
33	made a false or fraudulent representation on certified payroll records or in reporting their
34	apprenticeship information to any governmental agency shall be referred to the office of the
	LC003746 - Page 467 of 621
1	attorney general. A first violation of this section shall be considered a misdemeanor and shall be
2	punishable for a period of not more than one year in prison and/or fined one thousand dollars
3	($1,000). A second or subsequent violation of this section shall be considered a felony and shall
4	be punishable for a period of not more than three (3) years imprisonment, a fine of three thousand
5	dollars ($3,000), or both. Further, any person, firm, or corporation found to have willfully made a
6	false or fraudulent representation on certified payroll records or in reporting their apprenticeship
7	information to any governmental agency shall be required to pay a civil penalty to the department
8	of labor and training in an amount of no less than two thousand dollars ($2,000) and not greater
9	than fifteen thousand dollars ($15,000) per representation.
10	SECTION 15. The title of Chapter 44-30 entitled “Personal Income Tax” is hereby amended
11	to read as follows:
12	CHAPTER 30
13	PERSONAL INCOME TAX
14	CHAPTER 30
15	RHODE ISLAND PERSONAL INCOME TAX
16	SECTION 16. Section 44-30-2.6 of the General Laws in Chapter 44-30 entitled “Personal
17	Income Tax” is hereby amended to read as follows:
18	44-30-2.6. Rhode Island taxable income – Rate of tax.
19	(a) "Rhode Island taxable income" means federal taxable income as determined under the
20	Internal Revenue Code, 26 U.S.C. § 1 et seq., not including the increase in the basic, standard-
21	deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax
22	Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act of
23	2001 (EGTRRA), and as modified by the modifications in § 44-30-12.
24	(b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on or after
25	January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island taxable
26	income of residents and nonresidents, including estates and trusts, at the rate of twenty-five and one-
27	half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002 and thereafter
28	of the federal income tax rates, including capital gains rates and any other special rates for other types
29	of income, except as provided in § 44-30-2.7, which were in effect immediately prior to enactment of
30	the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA); provided, rate
31	schedules shall be adjusted for inflation by the tax administrator beginning in taxable year 2002 and
32	thereafter in the manner prescribed for adjustment by the commissioner of Internal Revenue in 26
33	U.S.C. § 1(f). However, for tax years beginning on or after January 1, 2006, a taxpayer may elect to
	LC003746 - Page 468 of 621
1	use the alternative flat tax rate provided in § 44-30-2.10 to calculate his or her personal income tax
2	liability.
3	(c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative minimum
4	tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island alternative
5	minimum tax. The Rhode Island alternative minimum tax shall be computed by multiplying the
6	federal tentative minimum tax without allowing for the increased exemptions under the Jobs and
7	Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal form 6251 Alternative
8	Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) for tax year 2001, and
9	twenty-five percent (25%) for tax year 2002 and thereafter, and comparing the product to the Rhode
10	Island tax as computed otherwise under this section. The excess shall be the taxpayer's Rhode Island
11	alternative minimum tax.
12	(1) For tax years beginning on or after January 1, 2005, and thereafter, the exemption amount for
13	alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by the tax
14	administrator in the manner prescribed for adjustment by the commissioner of Internal Revenue in 26
15	U.S.C. § 1(f).
16	(2) For the period January 1, 2007, through December 31, 2007, and thereafter, Rhode Island
17	taxable income shall be determined by deducting from federal adjusted gross income as defined in 26
18	U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island itemized-deduction
19	amount and the Rhode Island exemption amount as determined in this section.
20	(A) Tax imposed.
21	(1) There is hereby imposed on the taxable income of married individuals filing joint returns and
22	surviving spouses a tax determined in accordance with the following table:
23	If taxable income is: The tax is:
24	Not over $53,150 3.75% of taxable income
25	Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over $53,150
26	Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over $128,500
27	Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over $195,850
28	Over $349,700 $26,333.75 plus 9.90% of the excess over $349,700
29	(2) There is hereby imposed on the taxable income of every head of household a tax determined
30	in accordance with the following table:
31	If taxable income is: The tax is:
32	Not over $42,650 3.75% of taxable income
33	Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over $42,650
34	Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over $110,100
	LC003746 - Page 469 of 621
1	Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over $178,350
2	Over $349,700 $27,031.75 plus 9.90% of the excess over $349,700
3	(3) There is hereby imposed on the taxable income of unmarried individuals (other than
4	surviving spouses and heads of households) a tax determined in accordance with the following
5	table:
6	If taxable income is: The tax is:
7	Not over $31,850 3.75% of taxable income
8	Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over $31,850
9	Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over $77,100
10	Over $160,850 but not over $349,700 $10,852.50 plus 9.00% of the excess over $160,850
11	Over $349,700 $27,849.00 plus 9.90% of the excess over $349,700
12	(4) There is hereby imposed on the taxable income of married individuals filing separate returns
13	and bankruptcy estates a tax determined in accordance with the following table:
14	If taxable income is: The tax is:
15	Not over $26,575 3.75% of taxable income
16	Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575
17	Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250
18	Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925
19	Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850
20	(5) There is hereby imposed a taxable income of an estate or trust a tax determined in
21	accordance with the following table:
22	If taxable income is: The tax is:
23	Not over $2,150 3.75% of taxable income
24	Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150
25	Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000
26	Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650
27	Over $10,450 $737.50 plus 9.90% of the excess over $10,450
28	(6) Adjustments for inflation.
29	The dollars amount contained in paragraph (A) shall be increased by an amount equal to:
30	(a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by;
31	(b) The cost-of-living adjustment determined under section (J) with a base year of 1993;
32	(c) The cost-of-living adjustment referred to in subparagraphs (a) and (b) used in making
33	adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall
34	be determined under section (J) by substituting "1994" for "1993."
	LC003746 - Page 470 of 621
1	(B) Maximum capital gains rates.
2	(1) In general.
3	If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax
4	imposed by this section for such taxable year shall not exceed the sum of:
5	(a) 2.5 % of the net capital gain as reported for federal income tax purposes under section 26
6	U.S.C. § 1(h)(1)(a) and 26 U.S.C. § 1(h)(1)(b).
7	(b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. §
8	1(h)(1)(c).
9	(c) 6.25% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. §
10	1(h)(1)(d).
11	(d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. §
12	1(h)(1)(e).
13	(2) For tax years beginning on or after January 1, 2010, the tax imposed on net capital gain shall
14	be determined under subdivision 44-30-2.6(c)(2)(A).
15	(C) Itemized deductions.
16	(1) In general.
17	For the purposes of section (2), "itemized deductions" means the amount of federal itemized
18	deductions as modified by the modifications in § 44-30-12.
19	(2) Individuals who do not itemize their deductions.
20	In the case of an individual who does not elect to itemize his deductions for the taxable year,
21	they may elect to take a standard deduction.
22	(3) Basic standard deduction.
23	The Rhode Island standard deduction shall be allowed in accordance with the following table:
24	Filing status Amount
25	Single 5,350
26	Married filing jointly or qualifying widow(er) $8,900
27	Married filing separately $4,450
28	Head of Household $7,850
29	(4) Additional standard deduction for the aged and blind.
30	An additional standard deduction shall be allowed for individuals age sixty-five (65) or older or
31	blind in the amount of $1,300 for individuals who are not married and $1,050 for individuals who
32	are married.
33	(5) Limitation on basic standard deduction in the case of certain dependents.
	LC003746 - Page 471 of 621
1	In the case of an individual to whom a deduction under section (E) is allowable to another taxpayer,
2	the basic standard deduction applicable to such individual shall not exceed the greater of:
3	(a) $850;
4	(b) The sum of $300 and such individual's earned income;
5	(6) Certain individuals not eligible for standard deduction.
6	In the case of:
7	(a) A married individual filing a separate return where either spouse itemizes deductions;
8	(b) Nonresident alien individual;
9	(c) An estate or trust;
10	The standard deduction shall be zero.
11	(7) Adjustments for inflation.
12	Each dollar amount contained in paragraphs (3), (4) and (5) shall be increased by an amount
13	equal to:
14	(a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988, multiplied by
15	(b) The cost-of-living adjustment determined under section (J) with a base year of 1988.
16	(D) Overall limitation on itemized deductions.
17	(1) General rule.
18	In the case of an individual whose adjusted gross income as modified by § 44-30-12 exceeds
19	the applicable amount, the amount of the itemized deductions otherwise allowable for the taxable
20	year shall be reduced by the lesser of:
21	(a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12 over
22	the applicable amount; or
23	(b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable for such
24	taxable year.
25	(2) Applicable amount.
26	(a) In general.
27	For purposes of this section, the term "applicable amount" means $156,400 ($78,200 in the case
28	of a separate return by a married individual)
29	(b) Adjustments for inflation.
30	Each dollar amount contained in paragraph (a) shall be increased by an amount equal to:
31	(i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by
32	(ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.
33	(3) Phase-out of Limitation.
34	(a) In general.
	LC003746 - Page 472 of 621
1	In the case of taxable year beginning after December 31, 2005, and before January 1, 2010, the
2	reduction under section (1) shall be equal to the applicable fraction of the amount which would be
3	the amount of such reduction.
4	(b) Applicable fraction.
5	For purposes of paragraph (a), the applicable fraction shall be determined in accordance with
6	the following table:
7	For taxable years beginning in calendar year The applicable fraction is
8	2006 and 2007 2/3
9	2008 and 2009 1/3
10	(E) Exemption amount.
11	(1) In general.
12	Except as otherwise provided in this subsection, the term "exemption amount" means $3,400.
13	(2) Exemption amount disallowed in case of certain dependents.
14	In the case of an individual with respect to whom a deduction under this section is allowable to
15	another taxpayer for the same taxable year, the exemption amount applicable to such individual for
16	such individual's taxable year shall be zero.
17	(3) Adjustments for inflation.
18	The dollar amount contained in paragraph (1) shall be increased by an amount equal to:
19	(a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by
20	(b) The cost-of-living adjustment determined under section (J) with a base year of 1989.
21	(4) Limitation.
22	(a) In general.
23	In the case of any taxpayer whose adjusted gross income as modified for the taxable year
24	exceeds the threshold amount shall be reduced by the applicable percentage.
25	(b) Applicable percentage.
26	In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the
27	threshold amount, the exemption amount shall be reduced by two (2) percentage points for each
28	$2,500 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year
29	exceeds the threshold amount. In the case of a married individual filing a separate return, the
30	preceding sentence shall be applied by substituting "$1,250" for "$2,500." In no event shall the
31	applicable percentage exceed one hundred percent (100%).
32	(c) Threshold Amount.
33	For the purposes of this paragraph, the term "threshold amount" shall be determined with the
34	following table:
	LC003746 - Page 473 of 621
1	Filing status Amount
2	Single $156,400
3	Married filing jointly or qualifying widow(er) $234,600
4	Married filing separately $117,300
5	Head of Household $195,500
6	(d) Adjustments for inflation.
7	Each dollar amount contained in paragraph (b) shall be increased by an amount equal to:
8	(i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by
9	(ii) The cost-of-living adjustment determined under section (J) with a base year of 1991.
10	(5) Phase-out of limitation.
11	(a) In general.
12	In the case of taxable years beginning after December 31, 2005, and before January 1, 2010, the
13	reduction under section 4 shall be equal to the applicable fraction of the amount which would be the
14	amount of such reduction.
15	(b) Applicable fraction.
16	For the purposes of paragraph (a), the applicable fraction shall be determined in accordance
17	with the following table:
18	For taxable years beginning in calendar year The applicable fraction is
19	2006 and 2007 2/3
20	2008 and 2009 1/3
21	(F) Alternative minimum tax.
22	(1) General rule. There is hereby imposed (in addition to any other tax imposed by this subtitle)
23	a tax equal to the excess (if any) of:
24	(a) The tentative minimum tax for the taxable year, over
25	(b) The regular tax for the taxable year.
26	(2) The tentative minimum tax for the taxable year is the sum of:
27	(a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus
28	(b) 7.0 percent of so much of the taxable excess above $175,000.
29	(3) The amount determined under the preceding sentence shall be reduced by the alternative
30	minimum tax foreign tax credit for the taxable year.
31	(4) Taxable excess. For the purposes of this subsection the term "taxable excess" means so
32	much of the federal alternative minimum taxable income as modified by the modifications in § 44-
33	30-12 as exceeds the exemption amount.
	LC003746 - Page 474 of 621
1	(5) In the case of a married individual filing a separate return, subparagraph (2) shall be applied
2	by substituting "$87,500" for $175,000 each place it appears.
3	(6) Exemption amount.
4	For purposes of this section "exemption amount" means:
5	Filing status Amount
6	Singled $39,150
7	Married filing jointly or qualifying widow(er) $53,700
8	Married filing separately $26,850
9	Head of Household $39,150
10	Estate or trust $24,650
11	(7) Treatment of unearned income of minor children
12	(a) In general.
13	In the case of a minor child, the exemption amount for purposes of section (6) shall not exceed
14	the sum of:
15	(i) Such child's earned income, plus
16	(ii) $6,000.
17	(8) Adjustments for inflation.
18	The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount equal to:
19	(a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied by
20	(b) The cost-of-living adjustment determined under section (J) with a base year of 2004.
21	(9) Phase-out.
22	(a) In general.
23	The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount
24	equal to twenty-five percent (25%) of the amount by which alternative minimum taxable income of
25	the taxpayer exceeds the threshold amount.
26	(b) Threshold amount.
27	For purposes of this paragraph, the term "threshold amount" shall be determined with the
28	following table:
29	Filing status Amount
30	Single $123,250
31	Married filing jointly or qualifying widow(er) $164,350
32	Married filing separately $82,175
33	Head of Household $123,250
34	Estate or Trust $82,150
	LC003746 - Page 475 of 621
1	(c) Adjustments for inflation
2	Each dollar amount contained in paragraph (9) shall be increased by an amount equal to:
3	(i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by
4	(ii) The cost-of-living adjustment determined under section (J) with a base year of 2004.
5	(G) Other Rhode Island taxes.
6	(1) General rule. There is hereby imposed (in addition to any other tax imposed by this subtitle)
7	a tax equal to twenty-five percent (25%) of:
8	(a) The Federal income tax on lump-sum distributions.
9	(b) The Federal income tax on parents' election to report child's interest and dividends.
10	(c) The recapture of Federal tax credits that were previously claimed on Rhode Island return.
11	(H) Tax for children under 18 with investment income.
12	(1) General rule. There is hereby imposed a tax equal to twenty-five percent (25%) of:
13	(a) The Federal tax for children under the age of 18 with investment income.
14	(I) Averaging of farm income.
15	(1) General rule. At the election of an individual engaged in a farming business or fishing
16	business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of:
17	(a) The Federal averaging of farm income as determined in IRC section 1301 [26 U.S.C. §
18	1301].
19	(J) Cost-of-living adjustment.
20	(1) In general.
21	The cost-of-living adjustment for any calendar year is the percentage (if any) by which:
22	(a) The CPI for the preceding calendar year exceeds
23	(b) The CPI for the base year.
24	(2) CPI for any calendar year.
25	For purposes of paragraph (1), the CPI for any calendar year is the average of the consumer
26	price index as of the close of the twelve (12) month period ending on August 31 of such calendar
27	year.
28	(3) Consumer price index.
29	For purposes of paragraph (2), the term "consumer price index" means the last consumer price
30	index for all urban consumers published by the department of labor. For purposes of the preceding
31	sentence, the revision of the consumer price index that is most consistent with the consumer price
32	index for calendar year 1986 shall be used.
33	(4) Rounding.
34	(a) In general.
	LC003746 - Page 476 of 621
1	If any increase determined under paragraph (1) is not a multiple of $50, such increase shall be
2	rounded to the next lowest multiple of $50.
3	(b) In the case of a married individual filing a separate return, subparagraph (a) shall be applied
4	by substituting "$25" for $50 each place it appears.
5	(K) Credits against tax. For tax years beginning on or after January 1, 2001, a taxpayer entitled to
6	any of the following federal credits enacted prior to January 1, 1996, shall be entitled to a credit
7	against the Rhode Island tax imposed under this section:
8	(1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5].
9	(2) Child and dependent care credit;
10	(3) General business credits;
11	(4) Credit for elderly or the disabled;
12	(5) Credit for prior year minimum tax;
13	(6) Mortgage interest credit;
14	(7) Empowerment zone employment credit;
15	(8) Qualified electric vehicle credit.
16	(L) Credit against tax for adoption. For tax years beginning on or after January 1, 2006, a
17	taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode Island
18	tax imposed under this section if the adopted child was under the care, custody, or supervision of
19	the Rhode Island department of children, youth and families prior to the adoption.
20	(M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits
21	provided there shall be no deduction based on any federal credits enacted after January 1, 1996,
22	including the rate reduction credit provided by the federal Economic Growth and Tax
23	Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be
24	reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax
25	purposes shall determine the Rhode Island amount to be recaptured in the same manner as
26	prescribed in this subsection.
27	(N) Rhode Island earned-income credit . credit.
28	(1) In general.
29	(a) For tax years beginning before January 1, 2015, a taxpayer entitled to a federal earned-
30	income credit shall be allowed a Rhode Island earned-income credit equal to twenty-five percent
31	(25%) of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode
32	Island income tax.
33	(b) For tax years beginning on or after January 1, 2015, and before January 1, 2016, a taxpayer
34	entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit
	LC003746 - Page 477 of 621
1	equal to ten percent (10%) of the federal earned-income credit. Such credit shall not exceed the
2	amount of the Rhode Island income tax.
3	(c) For tax years beginning on or after January 1, 2016, and before January 1, 2017, a taxpayer
4	entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit
5	equal to twelve and one-half percent (12.5%) of the federal earned-income credit. Such credit shall
6	not exceed the amount of the Rhode Island income tax.
7	(d) For tax years beginning on or after January 1, 2017, and before January 1, 2021, a taxpayer
8	entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit
9	equal to fifteen percent (15%) of the federal earned-income credit. Such credit shall not exceed the
10	amount of the Rhode Island income tax.
11	(e) For tax years beginning on or after January 1, 2021, and before January 1, 2022, a taxpayer
12	entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit
13	equal to sixteen percent (16%) of the federal earned-income credit. Such credit shall not exceed the
14	amount of the Rhode Island income tax.
15	(f) For tax years beginning on or after January 1, 2022, and before January 1, 2023, a taxpayer
16	entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit
17	equal to seventeen percent (17%) of the federal earned-income credit. Such credit shall not exceed
18	the amount of the Rhode Island income tax.
19	(g) For tax years beginning on or after January 1, 2023, and before January 1, 2024, a taxpayer
20	entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit
21	equal to eighteen percent (18%) of the federal earned-income credit. Such credit shall not exceed
22	the amount of the Rhode Island income tax.
23	(h) For tax years beginning on or after January 1, 2024, and before January 1, 2025, a taxpayer
24	entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit
25	equal to nineteen percent (19%) of the federal earned-income credit. Such credit shall not exceed
26	the amount of the Rhode Island income tax.
27	(i) For tax years beginning on or after January 1, 2025, a taxpayer entitled to a federal earned-
28	income credit shall be allowed a Rhode Island earned-income credit equal to twenty percent (20%)
29	of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island
30	income tax.
31	(2) Refundable portion.
32	In the event the Rhode Island earned-income credit allowed under paragraph (N)(1) of this section
33	exceeds the amount of Rhode Island income tax, a refundable earned-income credit shall be allowed
34	as follows.
	LC003746 - Page 478 of 621
1	(i) For tax years beginning before January 1, 2015, for purposes of paragraph (2) refundable
2	earned-income credit means fifteen percent (15%) of the amount by which the Rhode Island earned-
3	income credit exceeds the Rhode Island income tax.
4	(ii) For tax years beginning on or after January 1, 2015, for purposes of paragraph (2)
5	refundable earned-income credit means one hundred percent (100%) of the amount by which the
6	Rhode Island earned-income credit exceeds the Rhode Island income tax.
7	(O) The tax administrator shall recalculate and submit necessary revisions to paragraphs (A)
8	through (J) to the general assembly no later than February 1, 2010, and every three (3) years
9	thereafter for inclusion in the statute.
10	(3) For the period January 1, 2011, through December 31, 2011, and thereafter, "Rhode Island
11	taxable income" means federal adjusted gross income as determined under the Internal Revenue
12	Code, 26 U.S.C. § 1 et seq., and as modified for Rhode Island purposes pursuant to § 44-30-12 less
13	the amount of Rhode Island Basic Standard Deduction allowed pursuant to subparagraph 44-30-
14	2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant to subparagraph 44-30-
15	2.6(c)(3)(C).
16	(A) Tax imposed.
17	(I) There is hereby imposed on the taxable income of married individuals filing joint returns,
18	qualifying widow(er), every head of household, unmarried individuals, married individuals filing
19	separate returns and bankruptcy estates, a tax determined in accordance with the following table:
20	RI Taxable Income RI Income Tax
21	Over But not over Pay + Excess on the amount over
22	$ 0 $ 55,000 $ 0 + 3.75% $ 0
23	55,000 125,000 2,063 + 4.75% 55,000
24	125,000 5,388 + 5.99% 125,000
25	(II) There is hereby imposed on the taxable income of an estate or trust a tax determined in
26	accordance with the following table:
27	RI Taxable Income RI Income Tax
28	Over But not Over % ON Pay + Excess on the amount over
29	$ 0 $ 2,230 $ 0 + 3.75% $ 0
30	2,230 7,022 84 + 4.75% 2,230
31	7,022 312 + 5.99% 7,022
32	(B) Deductions:
33	(I) Rhode Island Basic Standard Deduction.
	LC003746 - Page 479 of 621
1	Only the Rhode Island standard deduction shall be allowed in accordance with the following
2	table:
3	Filing status: Amount
4	Single $7,500
5	Married filing jointly or qualifying widow(er) $15,000
6	Married filing separately $7,500
7	Head of Household $11,250
8	(II) Nonresident alien individuals, estates and trusts are not eligible for standard deductions.
9	(III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island
10	purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand
11	dollars ($175,000), the standard deduction amount shall be reduced by the applicable percentage. The
12	term "applicable percentage" means twenty (20) percentage points for each five thousand dollars
13	($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year
14	exceeds one hundred seventy-five thousand dollars ($175,000).
15	(C) Exemption Amount:
16	(I) The term "exemption amount" means three thousand five hundred dollars ($3,500) multiplied
17	by the number of exemptions allowed for the taxable year for federal income tax purposes. For tax
18	years beginning on or after 2018, the term "exemption amount" means the same as it does in 26
19	U.S.C. § 151 and 26 U.S.C. § 152 just prior to the enactment of the Tax Cuts and Jobs Act (Pub. L.
20	115-97) on December 22, 2017.
21	(II) Exemption amount disallowed in case of certain dependents. In the case of an individual with
22	respect to whom a deduction under this section is allowable to another taxpayer for the same taxable
23	year, the exemption amount applicable to such individual for such individual's taxable year shall be
24	zero.
25	(III) Identifying information required.
26	(1) Except as provided in § 44-30-2.6(c)(3)(C)(II) of this section, no exemption shall be allowed
27	under this section with respect to any individual unless the Taxpayer Identification Number of such
28	individual is included on the federal return claiming the exemption for the same tax filing period.
29	(2) Notwithstanding the provisions of § 44-30-2.6(c)(3)(C)(I) of this section, in the event that the
30	Taxpayer Identification Number for each individual is not required to be included on the federal tax
31	return for the purposes of claiming a personal exemption(s), then the Taxpayer Identification Number
32	must be provided on the Rhode Island tax return for the purpose of claiming said exemption(s).
33	(D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island
34	purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand
	LC003746 - Page 480 of 621
1	dollars ($175,000), the exemption amount shall be reduced by the applicable percentage. The term
2	"applicable percentage" means twenty (20) percentage points for each five thousand dollars ($5,000)
3	(or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds one
4	hundred seventy-five thousand dollars ($175,000).
5	(E) Adjustment for inflation. The dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A),
6	44-30-2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) shall be increased annually by an amount equal to:
7	(I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-2.6(c)(3)(B) and
8	44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000, multiplied by;
9	(II) The cost-of-living adjustment with a base year of 2000.
10	(III) For the purposes of this section, the cost-of-living adjustment for any calendar year is the
11	percentage (if any) by which the consumer price index for the preceding calendar year exceeds the
12	consumer price index for the base year. The consumer price index for any calendar year is the average
13	of the consumer price index as of the close of the twelve-month (12) period ending on August 31, of
14	such calendar year.
15	(IV) For the purpose of this section the term "consumer price index" means the last consumer
16	price index for all urban consumers published by the department of labor. For the purpose of this
17	section the revision of the consumer price index that is most consistent with the consumer price index
18	for calendar year 1986 shall be used.
19	(V) If any increase determined under this section is not a multiple of fifty dollars ($50.00), such
20	increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a married
21	individual filing separate return, if any increase determined under this section is not a multiple of
22	twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple of twenty-five
23	dollars ($25.00).
24	(F) Credits against tax.
25	(I) Notwithstanding any other provisions of Rhode Island Law, for tax years beginning on or after
26	January 1, 2011, the only credits allowed against a tax imposed under this chapter shall be as follows:
27	(a) Rhode Island earned-income credit: Credit shall be allowed for earned-income credit pursuant
28	to subparagraph 44-30-2.6(c)(2)(N).
29	(b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided in § 44-
30	33-1 et seq.
31	(c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax credit as
32	provided in § 44-30.3-1 et seq.
33	(d) Credit for income taxes of other states. Credit shall be allowed for income tax paid to other
34	states pursuant to § 44-30-74.
	LC003746 - Page 481 of 621
1	(e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax credit as
2	provided in § 44-33.2-1 et seq.
3	(f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture production
4	tax credit as provided in § 44-31.2-1 et seq.
5	(g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of the
6	federal child and dependent care credit allowable for the taxable year for federal purposes; provided,
7	however, such credit shall not exceed the Rhode Island tax liability.
8	(h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for
9	contributions to scholarship organizations as provided in chapter 62 of title 44.
10	(i) Credit for tax withheld. Wages upon which tax is required to be withheld shall be taxable as if
11	no withholding were required, but any amount of Rhode Island personal income tax actually deducted
12	and withheld in any calendar year shall be deemed to have been paid to the tax administrator on behalf
13	of the person from whom withheld, and the person shall be credited with having paid that amount of
14	tax for the taxable year beginning in that calendar year. For a taxable year of less than twelve (12)
15	months, the credit shall be made under regulations of the tax administrator.
16	(j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested in RI
17	wavemaker fellowship program as provided in § 42-64.26-1 et seq.
18	(k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in § 42-
19	64.20-1 et seq.
20	(l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode Island new
21	qualified jobs incentive program credit as provided in § 44-48.3-1 et seq.
22	(m) Historic homeownership assistance act: Effective for tax year 2017 and thereafter, unused
23	carryforward for such credit previously issued shall be allowed for the historic homeownership
24	assistance act as provided in § 44-33.1-4. This allowance is for credits already issued pursuant to § 44-
25	33.1-4 and shall not be construed to authorize the issuance of new credits under the historic
26	homeownership assistance act.
27	(2) Except as provided in section 1 above, no other state and federal tax credit shall be available to
28	the taxpayers in computing tax liability under this chapter.
29	SECTION 17. Sections 13 and 14 shall take effect on July 1, 2020 and shall be effective for all
30	contracts entered into on and after July 1, 2020. Section 10 shall take effect on January 1, 2021. The
31	remaining sections of this article shall take effect upon passage.
	LC003746 - Page 482 of 621
1	ARTICLE 20
2	RELATING TO HEALTHCARE REFORM
3	SECTION 1. Title 5 of the General Laws entitled "Businesses and Professions” is hereby
4	amended by adding thereto the following chapter:
5	CHAPTER 37.8
6	THE INTERSTATE MEDICAL LICENSURE COMPACT
7	5-37.8-1. Short title. -- This chapter shall be known and may be cited as the "interstate
8	medical licensure compact act".
9	5-37.8-2. Purpose. -- In order to strengthen access to health care, and in recognition of
10	the advances in the delivery of health care, the member states of the interstate medical licensure
11	compact have allied in common purpose to develop a comprehensive process that complements
12	the existing licensing and regulatory authority of state medical boards, provides a streamlined
13	process that allows physicians to become licensed in multiple states, thereby enhancing the
14	portability of a medical license and ensuring the safety of patients. The compact creates another
15	pathway for licensure and does not otherwise change a state's existing medical practice act. The
16	compact also adopts the prevailing standard for licensure and affirms that the practice of medicine
17	occurs where the patient is located at the time of the physician-patient encounter, and therefore,
18	requires the physician to be under the jurisdiction of the state medical board where the patient is
19	located. State medical boards that participate in the compact retain the jurisdiction to impose an
20	adverse action against a license to practice medicine in that state issued to a physician through the
21	procedures in the compact.
22	5-37.8-3. Definitions. -- As used in this chapter, the following words and terms shall
23	have the following meanings:
24	(1) "Bylaws" means those bylaws established by the interstate commission pursuant to
25	§5-37.8-12 for its governance, or for directing and controlling its actions and conduct.
26	(2) "Commissioner" means the voting representative appointed by each member board
27	pursuant to § 5-37.8-12.
28	(3) "Conviction" means a finding by a court that an individual is guilty of a criminal
29	offense through adjudication, or entry of a plea of guilt, nolo contendere, or no contest to the
30	charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court
31	shall be considered final for purposes of disciplinary action by a member board.
32	(4) "Expedited license" means a full and unrestricted medical license granted by a
33	member state to an eligible physician through the process set forth in the compact.
34	(5) "Interstate commission" means the interstate commission created pursuant to § 5-
	LC003746 - Page 483 of 621
1	37.8-12.
2	(6) “Interstate medical licensure compact” or “compact” means the interstate medical
3	licensure compact created pursuant to this chapter.
4	(7) "License" means authorization by a state for a physician to engage in the practice of
5	medicine, which would be unlawful without the authorization.
6	(8) "Medical practice act" means laws and regulations governing the practice of
7	allopathic and osteopathic medicine within a member state.
8	(9) "Member board" means a state agency in a member state that acts in the sovereign
9	interests of the state by protecting the public through licensure, regulation, and education of
10	physicians as directed by the state government.
11	(10) "Member state" means a state that has enacted the compact.
12	(11) "Practice of medicine" means the clinical prevention, diagnosis, or treatment of
13	human disease, injury, or condition requiring a physician to obtain and maintain a license in
14	compliance with the medical practice act of this state.
15	(12) "Physician" means any person who:
16	(i) Is a graduate of a medical school accredited by the Liaison Committee on Medical
17	Education, the Commission on Osteopathic College Accreditation, or a medical school listed in
18	the International Medical Education Directory or its equivalent;
19	(ii) Passed each component of the United States Medical Licensing Examination
20	(USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA)
21	within three (3) attempts, or any of its predecessor examinations accepted by a state medical
22	board as an equivalent examination for licensure purposes;
23	(iii) Successfully completed graduate medical education approved by the Accreditation
24	Council for Graduate Medical Education or the American Osteopathic Association;
25	(iv) Holds specialty certification or a time-unlimited specialty certificate recognized by
26	the American Board of Medical Specialties or the American Osteopathic Association's Bureau of
27	Osteopathic Specialists;
28	(v) Possesses a full and unrestricted license to engage in the practice of medicine issued
29	by a member board;
30	(vi) Has never been convicted, received adjudication, deferred adjudication, community
31	supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
32	(vii) Has never held a license authorizing the practice of medicine subjected to discipline
33	by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to
34	non-payment of fees related to a license;
	LC003746 - Page 484 of 621
1	(viii) Has never had a controlled substance license or permit suspended or revoked by a
2	state or the United States Drug Enforcement Administration; and
3	(ix) Is not under active investigation by a licensing agency or law enforcement authority
4	in any state, federal, or foreign jurisdiction.
5	(13) "Offense" means a felony, gross misdemeanor, or crime of moral turpitude.
6	(14) "Rule" means a written statement by the interstate commission promulgated pursuant
7	to § 5-37.8-13 of the compact that is of general applicability, implements, interprets, or prescribes
8	a policy or provision of the compact, or an organizational, procedural, or practice requirement of
9	the interstate commission, and has the force and effect of statutory law in a member state, and
10	includes the amendment, repeal, or suspension of an existing rule.
11	(15) "State" means any state, commonwealth, district, or territory of the United States.
12	(16) "State of principal license" means a member state where a physician holds a license
13	to practice medicine and which has been designated as such by the physician for purposes of
14	registration and participation in the compact.
15	5-37.8-4. Eligibility.
16	(a) A physician must meet the eligibility requirements as defined in § 5-37.8-3(11) to
17	receive an expedited license under the terms and provisions of the compact.
18	(b) A physician who does not meet the requirements of § 5-37.8-3(11) may obtain a
19	license to practice medicine in a member state if the individual complies with all laws and
20	requirements, other than the compact, relating to the issuance of a license to practice medicine in
21	that state.
22	5-37.8-5. Designation of state principal license.
23	(a) A physician shall designate a member state as the state of principal license for
24	purposes of registration for expedited licensure through the compact if the physician possesses a
25	full and unrestricted license to practice medicine in that state, and the state is:
26	(1) The state of primary residence for the physician; or
27	(2) The state where at least twenty-five percent (25%) of the practice of medicine occurs;
28	or
29	(3) The location of the physician's employer; or
30	(4) If no state qualifies under §§ 5-37.8-5(a)(1), (2), or (3), the state designated as state of
31	residence for purpose of federal income tax.
32	(b) A physician may redesignate a member state as state of principal license at any time,
33	as long as the state meets the requirements in § 5-37.8-5(a).
	LC003746 - Page 485 of 621
1	(c) The interstate commission is authorized to develop rules to facilitate redesignation of
2	another member state as the state of principal license.
3	5-37.8-6. Application and issuance of expedited licensure.
4	(a) A physician seeking licensure through the compact shall file an application for an
5	expedited license with the member board of the state selected by the physician as the state of
6	principal license.
7	(b) Upon receipt of an application for an expedited license, the member board within the
8	state selected as the state of principal license shall evaluate whether the physician is eligible for
9	expedited licensure and issue a letter of qualification, verifying or denying the physician's
10	eligibility, to the interstate commission.
11	(1) State qualifications, which include verification of medical education, graduate
12	medical education, results of any medical or licensing examination, and other qualifications as
13	determined by the interstate commission through rule, shall not be subject to additional primary
14	source verification where already primary source verified by the state of principal license.
15	(2) The member board within the state selected as the state of principal license shall, in
16	the course of verifying eligibility, perform a criminal background check of an applicant, including
17	the use of the results of fingerprint or other biometric data checks compliant with the
18	requirements of the Federal Bureau of Investigation, with the exception of federal employees who
19	have suitability determination in accordance with U.S.C.F.R. § 731.202.
20	(3) Appeal on the determination of eligibility shall be made to the member state where
21	the application was filed and shall be subject to the laws of that state.
22	(c) Upon verification in § 5-37.8-6(b), physicians eligible for an expedited license shall
23	complete the registration process established by the interstate commission to receive a license in a
24	member state selected pursuant to § 5-37.8-6(a), including the payment of any applicable fees.
25	(d) After receiving verification of eligibility under § 5-37.8-6(b) and any fees under § 5-
26	37.8-6(c), a member board shall issue an expedited license to the physician. This license shall
27	authorize the physician to practice medicine in the issuing state consistent with the medical
28	practice act and all applicable laws and regulations of the issuing member board and member
29	state.
30	(e) An expedited license shall be valid for a period consistent with the licensure period in
31	the member state and in the same manner as required for other physicians holding a full and
32	unrestricted license within the member state.
	LC003746 - Page 486 of 621
1	(f) An expedited license obtained through the compact shall be terminated if a physician
2	fails to maintain a license in the state of principal licensure for a non-disciplinary reason, without
3	redesignation of a new state of principal licensure.
4	(g) The interstate commission is authorized to develop rules regarding the application
5	process, including payment of any applicable fees, and the issuance of an expedited license.
6	5-37.8-7. Fees for expedited licensure.
7	(a) A member state issuing an expedited license authorizing the practice of medicine in
8	that state may impose a fee for a license issued or renewed through the compact.
9	(b) The interstate commission is authorized to develop rules regarding fees for expedited
10	licenses.
11	5-37.8-8. Renewal and continued participation.
12	(a) A physician seeking to renew an expedited license granted in a member state shall
13	complete a renewal process with the interstate commission if the physician:
14	(1) Maintains a full and unrestricted license in a state of principal license;
15	(2) Has not been convicted, received adjudication, deferred adjudication, community
16	supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
17	(3) Has not had a license authorizing the practice of medicine subject to discipline by a
18	licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to
19	nonpayment of fees related to a license; and
20	(4) Has not had a controlled substance license or permit suspended or revoked by a state
21	or the United States Drug Enforcement Administration.
22	(b) Physicians shall comply with all continuing professional development or continuing
23	medical education requirements for renewal of a license issued by a member state.
24	(c) The interstate commission shall collect any renewal fees charged for the renewal of a
25	license and distribute the fees to the applicable member board.
26	(d) Upon receipt of any renewal fees collected in § 5-37.8-8(c), a member board shall
27	renew the physician's license.
28	(e) Physician information collected by the interstate commission during the renewal
29	process will be distributed to all member boards.
30	(f) The interstate commission is authorized to develop rules to address renewal of licenses
31	obtained through the compact.
32	5-37.8-9. Coordinated information system.
33	(a) The interstate commission shall establish a database of all physicians licensed, or who
34	have applied for licensure, under § 5-37.8-6.
	LC003746 - Page 487 of 621
1	(b) Notwithstanding any other provision of law, member boards shall report to the
2	interstate commission any public action or complaints against a licensed physician who has
3	applied or received an expedited license through the compact.
4	(c) Member boards shall report disciplinary or investigatory information determined as
5	necessary and proper by rule of the interstate commission.
6	(d) Member boards may report any non-public complaint, disciplinary, or investigatory
7	information not required by § 5-37.8-6(c) to the interstate commission.
8	(e) Member boards shall share complaint or disciplinary information about a physician
9	upon request of another member board.
10	(f) All information provided to the interstate commission or distributed by member
11	boards shall be confidential, filed under seal, and used only for investigatory or disciplinary
12	matters.
13	(g) The interstate commission is authorized to develop rules for mandated or
14	discretionary sharing of information by member boards.
15	5-37.8-10. Joint investigations.
16	(a) Licensure and disciplinary records of physicians are deemed investigative.
17	(b) In addition to the authority granted to a member board by its respective medical
18	practice act or other applicable state law, a member board may participate with other member
19	boards in joint investigations of physicians licensed by the member boards.
20	(c) A subpoena issued by a member state shall be enforceable in other member states.
21	(d) Member boards may share any investigative, litigation, or compliance materials in
22	furtherance of any joint or individual investigation initiated under the compact.
23	(e) Any member state may investigate actual or alleged violations of the statutes
24	authorizing the practice of medicine in any other member state in which a physician holds a
25	license to practice medicine.
26	5-37.8-11. Disciplinary actions.
27	(a) Any disciplinary action taken by any member board against a physician licensed
28	through the compact shall be deemed unprofessional conduct which may be subject to discipline
29	by other member boards, in addition to any violation of the medical practice act or regulations in
30	that state.
31	(b) If a license granted to a physician by the member board in the state of principal
32	license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all
33	licenses issued to the physician by member boards shall automatically be placed, without further
34	action necessary by any member board, on the same status. If the member board in the state of
	LC003746 - Page 488 of 621
1	principal license subsequently reinstates the physician's license, a license issued to the physician
2	by any other member board shall remain encumbered until that respective member board takes
3	action to reinstate the license in a manner consistent with the medical practice act of that state.
4	(c) If disciplinary action is taken against a physician by a member board not in the state
5	of principal license, any other member board may deem the action conclusive as to matter of law
6	and fact decided, and:
7	(1) impose the same or lesser sanction(s) against the physician so long as such sanctions
8	are consistent with the medical practice act of that state; or
9	(2) Pursue separate disciplinary action against the physician under its respective medical
10	practice act, regardless of the action taken in other member states.
11	(d) If a license granted to a physician by a member board is revoked, surrendered or
12	relinquished in lieu of discipline, or suspended, then any license(s) issued to the physician by any
13	other member board(s) shall be suspended, automatically and immediately without further action
14	necessary by the other member board(s), for ninety (90) days upon entry of the order by the
15	disciplining board, to permit the member board(s) to investigate the basis for the action under the
16	medical practice act of that state. A member board may terminate the automatic suspension of the
17	license it issued prior to the completion of the ninety (90) day suspension period in a manner
18	consistent with the medical practice act of that state.
19	5-37.8-12. Interstate medical licensure compact commission.
20	(a) The member states hereby create the "Interstate Medical Licensure Compact
21	commission".
22	(b) The purpose of the interstate commission is the administration of the interstate
23	medical licensure compact, which is a discretionary state function.
24	(c) The interstate commission shall be a body corporate and joint agency of the member
25	states and shall have all the responsibilities, powers, and duties set forth in the compact, and such
26	additional powers as may be conferred upon it by a subsequent concurrent action of the respective
27	legislatures of the member states in accordance with the terms of the compact.
28	(d) The interstate commission shall consist of two (2) voting representatives appointed by
29	each member state who shall serve as commissioners. In states where allopathic and osteopathic
30	physicians are regulated by separate member boards, or if the licensing and disciplinary authority
31	is split between multiple member boards within a member state, the member state shall appoint
32	one representative from each member board. A commissioner shall be a(n):
33	(1) Allopathic or osteopathic physician appointed to a member board;
34	(2) Executive director, executive secretary, or similar executive of a member board; or
	LC003746 - Page 489 of 621
1	(3) Member of the public appointed to a member board.
2	(e) The interstate commission shall meet at least once each calendar year. A portion of
3	this meeting shall be a business meeting to address such matters as may properly come before the
4	commission, including the election of officers. The chairperson may call additional meetings and
5	shall call for a meeting upon the request of a majority of the member states.
6	(f) The bylaws may provide for meetings of the interstate commission to be conducted by
7	telecommunication or electronic communication.
8	(g) Each commissioner participating at a meeting of the interstate commission is entitled
9	to one vote. A majority of commissioners shall constitute a quorum for the transaction of
10	business, unless a larger quorum is required by the bylaws of the interstate commission. A
11	commissioner shall not delegate a vote to another commissioner. In the absence of its
12	commissioner, a member state may delegate voting authority for a specified meeting to another
13	person from that state who shall meet the requirements of § 5-37.8-12(d).
14	(h) The interstate commission shall provide public notice of all meetings and all meetings
15	shall be open to the public. The interstate commission may close a meeting, in full or in portion,
16	where it determines by a two-thirds (2/3) vote of the commissioners present that an open meeting
17	would be likely to:
18	(1) Relate solely to the internal personnel practices and procedures of the interstate
19	commission;
20	(2) Discuss matters specifically exempted from disclosure by federal statute;
21	(3) Discuss trade secrets, commercial, or financial information that is privileged or
22	confidential;
23	(4) Involve accusing a person of a crime, or formally censuring a person;
24	(5) Discuss information of a personal nature where disclosure would constitute a clearly
25	unwarranted invasion of personal privacy;
26	(6) Discuss investigative records compiled for law enforcement purposes; or
27	(7) Specifically relate to the participation in a civil action or other legal proceeding.
28	(i) The interstate commission shall keep minutes which shall fully describe all matters
29	discussed in a meeting and shall provide a full and accurate summary of actions taken, including
30	record of any roll call votes.
31	(j) The interstate commission shall make its information and official records, to the extent
32	not otherwise designated in the compact or by its rules, available to the public for inspection.
33	(k) The interstate commission shall establish an executive committee, which shall include
34	officers, members, and others as determined by the bylaws. The executive committee shall have
	LC003746 - Page 490 of 621
1	the power to act on behalf of the interstate commission, with the exception of rulemaking, during
2	periods when the interstate commission is not in session. When acting on behalf of the interstate
3	commission, the executive committee shall oversee the administration of the compact including
4	enforcement and compliance with the provisions of the compact, its bylaws and rules, and other
5	such duties as necessary.
6	(l) The interstate commission may establish other committees for governance and
7	administration of the compact.
8	5-37.8-13. Powers and duties of the interstate commission. -- The interstate
9	commission shall have the duty and power to:
10	(1) Oversee and maintain the administration of the compact;
11	(2) Promulgate rules which shall be binding to the extent and in the manner provided for
12	in the compact;
13	(3) Issue, upon the request of a member state or member board, advisory opinions
14	concerning the meaning or interpretation of the compact, its bylaws, rules, and actions;
15	(4) Enforce compliance with compact provisions, the rules promulgated by the interstate
16	commission, and the bylaws, using all necessary and proper means, including, but not limited to,
17	the use of judicial process;
18	(5) Establish and appoint committees including, but not limited to, an executive
19	committee as required by § 5-37.8-12, which shall have the power to act on behalf of the
20	interstate commission in carrying out its powers and duties;
21	(6) Pay, or provide for the payment of the expenses related to the establishment,
22	organization, and ongoing activities of the interstate commission;
23	(7) Establish and maintain one or more offices;
24	(8) Borrow, accept, hire, or contract for services of personnel;
25	(9) Purchase and maintain insurance and bonds;
26	(10) Employ an executive director who shall have such powers to employ, select or
27	appoint employees, agents, or consultants, and to determine their qualifications, define their
28	duties, and fix their compensation;
29	(11) Establish personnel policies and programs relating to conflicts of interest, rates of
30	compensation, and qualifications of personnel;
31	(12) Accept donations and grants of money, equipment, supplies, materials and services,
32	and to receive, utilize, and dispose of it in a manner consistent with the conflict of interest
33	policies established by the interstate commission;
	LC003746 - Page 491 of 621
1	(13) Lease, purchase, accept contributions or donations of, or otherwise to own, hold,
2	improve or use, any property, real, personal, or mixed;
3	(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
4	any property, real, personal, or mixed;
5	(15) Establish a budget and make expenditures;
6	(16) Adopt a seal and bylaws governing the management and operation of the interstate
7	commission;
8	(17) Report annually to the legislatures and governors of the member states concerning
9	the activities of the interstate commission during the preceding year. Such reports shall also
10	include reports of financial audits and any recommendations that may have been adopted by the
11	interstate commission;
12	(18) Coordinate education, training, and public awareness regarding the compact, its
13	implementation, and its operation;
14	(19) Maintain records in accordance with the bylaws;
15	(20) Seek and obtain trademarks, copyrights, and patents; and
16	(21) Perform such functions as may be necessary or appropriate to achieve the purposes
17	of the compact.
18	5-37.8-14. Finance powers.
19	(a) The interstate commission may levy on and collect an annual assessment from each
20	member state to cover the cost of the operations and activities of the interstate commission and its
21	staff. The total assessment must be sufficient to cover the annual budget approved each year for
22	which revenue is not provided by other sources. The aggregate annual assessment amount shall be
23	allocated upon a formula to be determined by the interstate commission, which shall promulgate a
24	rule binding upon all member states.
25	(b) The interstate commission shall not incur obligations of any kind prior to securing the
26	funds adequate to meet the same.
27	(c) The interstate commission shall not pledge the credit of any of the member states,
28	except by, and with the authority of, the member state.
29	(d) The interstate commission shall be subject to a yearly financial audit conducted by a
30	certified or licensed public accountant and the report of the audit shall be included in the annual
31	report of the interstate commission.
32	5-37.8-15. Organization and operation of the interstate commission.
	LC003746 - Page 492 of 621
1	(a) The interstate commission shall, by a majority of commissioners present and voting,
2	adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes
3	of the compact within twelve (12) months of the first interstate commission meeting.
4	(b) The interstate commission shall elect or appoint annually from among its
5	commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such
6	authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson's
7	absence or disability, the vice-chairperson, shall preside at all meetings of the interstate
8	commission.
9	(c) Officers selected in § 5-37.8-15(b) shall serve without remuneration from the
10	interstate commission.
11	(d) The officers and employees of the interstate commission shall be immune from suit
12	and liability, either personally or in their official capacity, for a claim for damage to or loss of
13	property or personal injury or other civil liability caused or arising out of, or relating to, an actual
14	or alleged act, error, or omission that occurred, or that such person had a reasonable basis for
15	believing occurred, within the scope of interstate commission employment, duties, or
16	responsibilities; provided that such person shall not be protected from suit or liability for damage,
17	loss, injury, or liability caused by the intentional or willful and wanton misconduct of such
18	person.
19	(1) The liability of the executive director and employees of the interstate commission or
20	representatives of the interstate commission, acting within the scope of such person's employment
21	or duties for acts, errors, or omissions occurring within such person's state, may not exceed the
22	limits of liability set forth under the constitution and laws of that state for state officials,
23	employees, and agents. The interstate commission is considered to be an instrumentality of the
24	states for the purposes of any such action. Nothing in this subsection shall be construed to protect
25	such person from suit or liability for damage, loss, injury, or liability caused by the intentional or
26	willful and wanton misconduct of such person.
27	(2) The interstate commission shall defend the executive director, its employees, and
28	subject to the approval of the attorney general or other appropriate legal counsel of the member
29	state represented by an interstate commission representative, shall defend such interstate
30	commission representative in any civil action seeking to impose liability arising out of an actual
31	or alleged act, error or omission that occurred within the scope of interstate commission
32	employment, duties or responsibilities, or that the defendant had a reasonable basis for believing
33	occurred within the scope of interstate commission employment, duties, or responsibilities,
	LC003746 - Page 493 of 621
1	provided that the actual or alleged act, error, or omission did not result from intentional or willful
2	and wanton misconduct on the part of such person.
3	(3) To the extent not covered by the state involved, member state, or the interstate
4	commission, the representatives or employees of the interstate commission shall be held harmless
5	in the amount of a settlement or judgment, including attorneys' fees and costs, obtained against
6	such persons arising out of an actual or alleged act, error, or omission that occurred within the
7	scope of interstate commission employment, duties, or responsibilities, or that such persons had a
8	reasonable basis for believing occurred within the scope of interstate commission employment,
9	duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result
10	from intentional or willful and wanton misconduct on the part of such persons.
11	5-37.8-16. Rulemaking functions of the interstate commission.
12	(a) The interstate commission shall promulgate reasonable rules in order to effectively
13	and efficiently achieve the purposes of the compact. Notwithstanding the foregoing, in the event
14	the interstate commission exercises its rulemaking authority in a manner that is beyond the scope
15	of the purposes of the compact, or the powers granted hereunder, then such an action by the
16	interstate commission shall be invalid and have no force or effect.
17	(b) Rules deemed appropriate for the operations of the interstate commission shall be
18	made pursuant to a rulemaking process that substantially conforms to the "model state
19	administrative procedure act" of 2010, and subsequent amendments thereto.
20	(c) Not later than thirty (30) days after a rule is promulgated, any person may file a
21	petition for judicial review of the rule in the United States District Court for the District of
22	Columbia or the federal district where the interstate commission has its principal offices,
23	provided that the filing of such a petition shall not stay or otherwise prevent the rule from
24	becoming effective unless the court finds that the petitioner has a substantial likelihood of
25	success. The court shall give deference to the actions of the interstate commission consistent with
26	applicable law and shall not find the rule to be unlawful if the rule represents a reasonable
27	exercise of the authority granted to the interstate commission.
28	5-37.8-17. Oversight of the interstate compact.
29	(a) The executive, legislative, and judicial branches of state government in each member
30	state shall enforce the compact and shall take all actions necessary and appropriate to effectuate
31	the compact’s purposes and intent. The provisions of the compact and the rules promulgated
32	hereunder shall have standing as statutory law but shall not override existing state authority to
33	regulate the practice of medicine.
	LC003746 - Page 494 of 621
1	(b) All courts shall take judicial notice of the compact and the rules in any judicial or
2	administrative proceeding in a member state pertaining to the subject matter of the compact
3	which may affect the powers, responsibilities or actions of the interstate commission.
4	(c) The interstate commission shall be entitled to receive all service of process in any
5	such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure
6	to provide service of process to the interstate commission shall render a judgment or order void as
7	to the interstate commission, the compact, or promulgated rules.
8	5-37.8-18. Enforcement of interstate compact.
9	(a) The interstate commission, in the reasonable exercise of its discretion, shall enforce
10	the provisions and rules of the compact.
11	(b) The interstate commission may, by majority vote of the commissioners, initiate legal
12	action in the United States District Court for the District of Columbia, or, at the discretion of the
13	interstate commission, in the federal district where the interstate commission has its principal
14	offices, to enforce compliance with the provisions of the compact, and its promulgated rules and
15	bylaws, against a member state in default. The relief sought may include both injunctive relief
16	and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded
17	all costs of such litigation including reasonable attorney's fees.
18	(c) The remedies herein shall not be the exclusive remedies of the interstate commission.
19	The interstate commission may avail itself of any other remedies available under state law or the
20	regulation of a profession.
21	5-37.8-19. Default procedures.
22	(a) The grounds for default include, but are not limited to, failure of a member state to
23	perform such obligations or responsibilities imposed upon it by the compact, or the rules and
24	bylaws of the interstate commission promulgated under the compact.
25	(b) If the interstate commission determines that a member state has defaulted in the
26	performance of its obligations or responsibilities under the compact, or the bylaws or promulgated
27	rules, the interstate commission shall:
28	(1) Provide written notice to the defaulting state and other member states, of the nature of
29	the default, the means of curing the default, and any action taken by the interstate commission.
30	The interstate commission shall specify the conditions by which the defaulting state must cure its
31	default; and
32	(2) Provide remedial training and specific technical assistance regarding the default.
33	(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated
34	from the compact upon an affirmative vote of a majority of the commissioners and all rights,
	LC003746 - Page 495 of 621
1	privileges, and benefits conferred by the compact shall terminate on the effective date of
2	termination. A cure of the default does not relieve the offending state of obligations or liabilities
3	incurred during the period of the default.
4	(d) Termination of membership in the compact shall be imposed only after all other
5	means of securing compliance have been exhausted. Notice of intent to terminate shall be given
6	by the interstate commission to the governor, the speaker, the senate president and minority
7	leaders of the defaulting state's legislature, and each of the member states.
8	(e) The interstate commission shall establish rules and procedures to address licenses and
9	physicians that are materially impacted by the termination of a member state, or the withdrawal of
10	a member state.
11	(f) The member state which has been terminated is responsible for all dues, obligations,
12	and liabilities incurred through the effective date of termination including obligations, the
13	performance of which extends beyond the effective date of termination.
14	(g) The interstate commission shall not bear any costs relating to any state that has been
15	found to be in default or which has been terminated from the compact, unless otherwise mutually
16	agreed upon in writing between the interstate commission and the defaulting state.
17	(h) The defaulting state may appeal the action of the interstate commission by petitioning
18	the United States District Court for the District of Columbia or the federal district where the
19	interstate commission has its principal offices. The prevailing party shall be awarded all costs of
20	such litigation including reasonable attorney's fees.
21	5-37.8-20. Dispute resolution.
22	(a) The interstate commission shall attempt, upon the request of a member state, to
23	resolve disputes which are subject to the compact and which may arise among member states or
24	member boards.
25	(b) The interstate commission shall promulgate rules providing for both mediation and
26	binding dispute resolution as appropriate.
27	5-37.8-21. Member states, effective date and amendment.
28	(a) Any state is eligible to become a member state of the compact.
29	(b) The compact shall become effective and binding upon legislative enactment of the
30	compact into law by no less than seven (7) states. Thereafter, it shall become effective and
31	binding on a state upon enactment of the compact into law by that state.
32	(c) The governors of non-member states, or their designees, shall be invited to participate
33	in the activities of the interstate commission on a non-voting basis prior to adoption of the
34	compact by all states.
	LC003746 - Page 496 of 621
1	(d) The interstate commission may propose amendments to the compact for enactment by
2	the member states. No amendment shall become effective and binding upon the interstate
3	commission and the member states unless and until it is enacted into law by unanimous consent
4	of the member states.
5	5-37.8-22. Withdrawal.
6	(a) Once effective, the compact shall continue in force and remain binding upon each and
7	every member state; provided that a member state may withdraw from the compact by
8	specifically repealing the statute which enacted the compact into law.
9	(b) Withdrawal from the compact shall be by the enactment of a statute repealing the
10	same, but shall not take effect until one year after the effective date of such statute and until
11	written notice of the withdrawal has been given by the withdrawing state to the governor of each
12	other member state.
13	(c) The withdrawing state shall immediately notify the chairperson of the interstate
14	commission in writing upon the introduction of legislation repealing the compact in the
15	withdrawing state.
16	(d) The interstate commission shall notify the other member states of the withdrawing
17	state's intent to withdraw within sixty (60) days of its receipt of notice provided under § 5-
18	37.822(c).
19	(e) The withdrawing state is responsible for all dues, obligations and liabilities incurred
20	through the effective date of withdrawal, including obligations, the performance of which extend
21	beyond the effective date of withdrawal.
22	(f) Reinstatement following withdrawal of a member state shall occur upon the
23	withdrawing state reenacting the compact or upon such later date as determined by the interstate
24	commission.
25	(g) The interstate commission is authorized to develop rules to address the impact of the
26	withdrawal of a member state on licenses granted in other member states to physicians who
27	designated the withdrawing member state as the state of principal license.
28	5-37.8-23. Dissolution.
29	(a) The compact shall dissolve effective upon the date of the withdrawal or default of the
30	member state which reduces the membership in the compact to one member state.
31	(b) Upon the dissolution of the compact, the compact becomes null and void and shall be
32	of no further force or effect, and the business and affairs of the interstate commission shall be
33	concluded and surplus funds shall be distributed in accordance with the bylaws.
34	5-37.8-24. Severability and construction.
	LC003746 - Page 497 of 621
1	(a) The provisions of the compact shall be severable, and if any phrase, clause, sentence,
2	or provision is deemed unenforceable, the remaining provisions of the compact shall be
3	enforceable.
4	(b) The provisions of the compact shall be liberally construed to effectuate its purposes.
5	(c) Nothing in the compact shall be construed to prohibit the applicability of other
6	interstate compacts to which the states are members.
7	5-37.8-25. Binding effect of compact and other laws.
8	(a) Nothing herein prevents the enforcement of any other law of a member state that is
9	not inconsistent with the compact.
10	(b) All laws in a member state in conflict with the compact are superseded to the extent
11	of the conflict.
12	(c) All lawful actions of the interstate commission, including all rules and bylaws
13	promulgated by the commission, are binding upon the member states.
14	(d) All agreements between the interstate commission and the member states are binding
15	in accordance with their terms.
16	(e) In the event any provision of the compact exceeds the constitutional limits imposed on
17	the legislature of any member state, such provision shall be ineffective to the extent of the
18	conflict with the constitutional provision in question in that member state.
19	SECTION 2. Chapter 5-34.3 of the General Laws entitled "Nurse Licensure Compact" is
20	hereby amended by adding thereto the following sections:
21	5-34.3-10.1. Rulemaking.
22	(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth
23	in this section and the rules adopted thereunder. Rules and amendments shall become binding as
24	of the date specified in each rule or amendment and shall have the same force and effect as
25	provisions of this compact.
26	(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of
27	the commission.
28	(c) Prior to promulgation and adoption of a final rule or rules by the commission, and at
29	least sixty (60) days in advance of the meeting at which the rule will be considered and voted
30	upon, the commission shall file a notice of proposed rulemaking:
31	(1) On the website of the commission; and
32	(2) On the website of each licensing board or the publication in which each state would
33	otherwise publish proposed rules.
34	(d) The notice of proposed rulemaking shall include:
	LC003746 - Page 498 of 621
1	(1) The proposed time, date and location of the meeting in which the rule will be
2	considered and voted upon;
3	(2) The text of the proposed rule or amendment, and the reason for the proposed rule;
4	(3) A request for comments on the proposed rule from any interested person; and
5	(4) The manner in which interested persons may submit notice to the commission of their
6	intention to attend the public hearing and any written comments.
7	(e) Prior to adoption of a proposed rule, the commission shall allow persons to submit
8	written data, facts, opinions and arguments, which shall be made available to the public.
9	(f) The commission shall grant an opportunity for a public hearing before it adopts a rule
10	or amendment.
11	(g) The commission shall publish the place, time and date of the scheduled public
12	hearing.
13	(1) Hearings shall be conducted in a manner providing each person who wishes to
14	comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be
15	recorded, and a copy will be made available upon request.
16	(2) Nothing in this section shall be construed as requiring a separate hearing on each rule.
17	Rules may be grouped for the convenience of the commission at hearings required by this section.
18	(h) If no one appears at the public hearing, the commission may proceed with
19	promulgation of the proposed rule.
20	(i) Following the scheduled hearing date, or by the close of business on the scheduled
21	hearing date if the hearing was not held, the commission shall consider all written and oral
22	comments received.
23	(j) The commission shall, by majority vote of all administrators, take final action on the
24	proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking
25	record and the full text of the rule.
26	(k) Upon determination that an emergency exists, the commission may consider and
27	adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that
28	the usual rulemaking procedures provided in this compact and in this section shall be
29	retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90)
30	days after the effective date of the rule. For the purposes of this provision, an emergency rule is
31	one that must be adopted immediately in order to:
32	(1) Meet an imminent threat to public health, safety or welfare;
33	(2) Prevent a loss of commission or party state funds; or
	LC003746 - Page 499 of 621
1	(3) Meet a deadline for the promulgation of an administrative rule that is required by
2	federal law or rule.
3	(l) The commission may direct revisions to a previously adopted rule or amendment for
4	purposes of correcting typographical errors, errors in format, errors in consistency or grammatical
5	errors. Public notice of any revisions shall be posted on the website of the commission. The
6	revision shall be subject to challenge by any person for a period of thirty (30) days after posting.
7	The revision may be challenged only on grounds that the revision results in a material change to a
8	rule. A challenge shall be made in writing, and delivered to the commission, prior to the end of
9	the notice period. If no challenge is made, the revision will take effect without further action. If
10	the revision is challenged, the revision may not take effect without the approval of the
11	commission.
12	5-34.3-11.1. Oversight, dispute resolution and enforcement.
13	(a) Oversight.
14	(1) Each party state shall enforce this compact and take all actions necessary and
15	appropriate to effectuate this compact’s purposes and intent.
16	(2) The commission shall be entitled to receive service of process in any proceeding that
17	may affect the powers, responsibilities or actions of the commission, and shall have standing to
18	intervene in such a proceeding for all purposes. Failure to provide service of process in such
19	proceeding to the commission shall render a judgment or order void as to the commission, this
20	compact or promulgated rules.
21	(b) Default, technical assistance and termination.
22	(1) If the commission determines that a party state has defaulted in the performance of its
23	obligations or responsibilities under this compact or the promulgated rules, the commission shall:
24	(i) Provide written notice to the defaulting state and other party states of the nature of the
25	default, the proposed means of curing the default or any other action to be taken by the
26	commission; and
27	(ii) Provide remedial training and specific technical assistance regarding the default;
28	(2) If a state in default fails to cure the default, the defaulting state's membership in this
29	compact may be terminated upon an affirmative vote of a majority of the administrators, and all
30	rights, privileges and benefits conferred by this compact may be terminated on the effective date
31	of termination. A cure of the default does not relieve the offending state of obligations or
32	liabilities incurred during the period of default;
33	(3) Termination of membership in this compact shall be imposed only after all other
34	means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall
	LC003746 - Page 500 of 621
1	be given by the commission to the governor of the defaulting state and to the executive officer of
2	the defaulting state's licensing board and each of the party states;
3	(4) A state whose membership in this compact has been terminated is responsible for all
4	assessments, obligations and liabilities incurred through the effective date of termination,
5	including obligations that extend beyond the effective date of termination;
6	(5) The commission shall not bear any costs related to a state that is found to be in default
7	or whose membership in this compact has been terminated unless agreed upon in writing between
8	the commission and the defaulting state;
9	(6) The defaulting state may appeal the action of the commission by petitioning the U.S.
10	District Court for the District of Columbia or the federal district in which the commission has its
11	principal offices. The prevailing party shall be awarded all costs of such litigation, including
12	reasonable attorneys' fees.
13	(c) Dispute Resolution.
14	(1) Upon request by a party state, the commission shall attempt to resolve disputes related
15	to the compact that arise among party states and between party and non-party states;
16	(2) The commission shall promulgate a rule providing for both mediation and binding
17	dispute resolution for disputes, as appropriate;
18	(3) In the event the commission cannot resolve disputes among party states arising under
19	this compact:
20	(i) The party states may submit the issues in dispute to an arbitration panel, which will be
21	comprised of individuals appointed by the compact administrator in each of the affected party
22	states and an individual mutually agreed upon by the compact administrators of all the party
23	states involved in the dispute;
24	(ii) The decision of a majority of the arbitrators shall be final and binding.
25	(d) Enforcement.
26	(1) The commission, in the reasonable exercise of its discretion, shall enforce the
27	provisions and rules of this compact;
28	(2) By majority vote, the commission may initiate legal action in the U.S. District Court
29	for the District of Columbia or the federal district in which the commission has its principal
30	offices against a party state that is in default to enforce compliance with the provisions of this
31	compact and its promulgated rules and bylaws. The relief sought may include both injunctive
32	relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be
33	awarded all costs of such litigation, including reasonable attorneys' fees;
	LC003746 - Page 501 of 621
1	(3) The remedies herein shall not be the exclusive remedies of the commission. The
2	commission may pursue any other remedies available under federal or state law.
3	SECTION 3. Sections 5-34.3-3, 5-34.3-4, 5-34.3-5, 5-34.3-6, 5-34.3-8, 5-34.3-9, 5-34.310, 5-
4	34.3-12 and 5-34.3-14 of the General Laws in Chapter 5-34.3 entitled "Nurse Licensure
5	Compact" are hereby amended to read as follows:
6	5-34.3-3. Legislative findings.
7	(a) The general assembly finds and declares that:
8	(1) The health and safety of the public are affected by the degree of compliance with and the
9	effectiveness of enforcement activities related to state nurse licensure laws;
10	(2) Violations of nurse licensure and other laws regulating the practice of nursing may result
11	in injury or harm to the public;
12	(3) The expanded mobility of nurses and the use of advanced communication technologies as
13	part of our nation's healthcare delivery system require greater coordination and cooperation
14	among states in the areas of nurse licensure and regulations;
15	(4) New practice modalities and technology make compliance with individual state nurse
16	licensure laws difficult and complex; and
17	(5) The current system of duplicative licensure for nurses practicing in multiple states is
18	cumbersome and redundant to both nurses and states.; and
19	(6) Uniformity of nurse licensure requirements throughout the states promotes public safety
20	and public health benefits.
21	(b) The general purposes of this compact are to:
22	(1) Facilitate the states' responsibility to protect the public's health and safety;
23	(2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and
24	regulation;
25	(3) Facilitate the exchange of information between party states in the areas of nurse
26	regulation, investigation and adverse actions;
27	(4) Promote compliance with the laws governing the practice of nursing in each jurisdiction;
28	and
29	(5) Invest all party states with the authority to hold a nurse accountable for meeting all state
30	practice laws in the state in which the patient is located at the time care is rendered through the
31	mutual recognition of party state licenses.;
32	(6) Decrease redundancies in the consideration and issuance of nurse licenses; and
33	(7) Provide opportunities for interstate practice by nurses who meet uniform licensure
34	requirements.
	LC003746 - Page 502 of 621
1	5-34.3-4. Definitions.
2	As used in this chapter:
3	(1) "Adverse action" means a home or remote state action. any administrative, civil, equitable
4	or criminal action permitted by a state's laws which is imposed by a licensing board or other
5	authority against a nurse, including actions against an individual's license or multistate licensure
6	privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the
7	licensee's practice, or any other encumbrance on licensure affecting a nurse's authorization to
8	practice, including issuance of a cease and desist action.
9	(2) "Alternative program" means a voluntary, nondisciplinary monitoring program approved
10	by a nurse licensing board.
11	(3) "Commission" means the interstate commission of nurse license compact
12	administrators, the governing body of the nurse licensure compact.
13	(3)(4) "Coordinated licensure information system" means an integrated process for collecting,
14	storing, and sharing information on nurse licensure and enforcement activities related to nurse
15	licensure laws, which is administered by a nonprofit organization composed of and
16	controlled by state nurse licensing boards.
17	(4)(5) "Current significant investigative information" means investigative information that a
18	licensing board, after a preliminary inquiry that includes notification and an opportunity for the
19	nurse to respond if required by state law, has reason to believe is not groundless and, if proved
20	true, would indicate more than a minor infraction; or investigative information that indicates that
21	the nurse represents an immediate treat to public health and safety regardless of whether the nurse
22	has been notified and had an opportunity to respond.
23	(6) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and
24	unrestricted practice of nursing imposed by a licensing board.
25	(5)(7) "Home state" means the party state which is the nurse's primary state of residence.
26	(6)(8) "Home state action" means any administrative, civil, equitable or criminal action
27	permitted by the home state's laws which are imposed on a nurse by the home state's licensing
28	board or other authority including actions against an individual's license such as: revocation,
29	suspension, probation or any other action which affects a nurse's authorization to practice.
30	(7)(9) "Licensing board" means a party state's regulatory body responsible for issuing nurse
31	licenses.
32	(8)(10) "Multistate licensure privilege" means current, official authority from a remote state
33	permitting the practice of nursing as either a registered nurse or a licensed practical/vocational
34	nurse in such party state. All party states have the authority, in accordance with existing state due
	LC003746 - Page 503 of 621
1	process law, to take actions against the nurse's privilege such as: revocation, suspension,
2	probation or any other action which affects a nurse's authorization to practice. a license to
3	practice as a registered nurse (RN) or a licensed practical nurse/vocational nurse (LPN/VN)
4	issued by a home state licensing board that authorizes the licensed nurse to practice in all party
5	states under a multistate licensure privilege.
6	(11) "Multistate licensure privilege" means a legal authorization associated with a multistate
7	license permitting the practice of nursing as either a registered nurse (RN) or licensed practical
8	nurse/vocational nurse (LPN/VN) in a remote state.
9	(9)(12) "Nurse" means a registered nurse or licensed practical/vocational nurse, as those
10	terms are defined by each party's state practice laws.
11	(10)(13) "Party state" means any state that has adopted this compact.
12	(11)(14) "Remote state" means a party state, other than the home state, where the patient is
13	located at the time nursing care is provided, or, in the case of the practice of nursing not involving
14	a patient, in such party state where the recipient of nursing practice is located.
15	(12)(15) "Remote state action" means any administrative, civil, equitable or criminal action
16	permitted by a remote state's laws which are imposed on a nurse by the remote state's licensing
17	board or other authority including actions against an individual's multistate licensure privilege to
18	practice in the remote state, and cease and desist and other injunctive or equitable orders issued
19	by remote states or the licensing boards thereof.
20	(16) "Single-state license" means a nurse license issued by a party state that authorizes
21	practice only within the issuing state and does not include a multistate licensure privilege to
22	practice in any other party state.
23	(13)(17) "State" means a state, territory, or possession of the United States, the District of
24	Columbia.
25	(14)(18) "State practice laws" means those individual party's state laws and regulations that
26	govern the practice of nursing, define the scope of nursing practice, and create the methods and
27	grounds for imposing discipline. It does not include the initial qualifications for licensure or
28	requirements necessary to obtain and retain a license, except for qualifications or requirements of
29	the home state.
30	5-34.3-5. Permitted activities and jurisdiction. General provisions and jurisdiction.
31	A license to practice registered nursing issued by a home state to a resident in that state will
32	be recognized by each party state as authorizing a multistate licensure privilege to practice as a
33	registered nurse in such party state. A license to practice licensed practical/vocational nursing
34	issued by a home state to a resident in that state will be recognized by each party state as
	LC003746 - Page 504 of 621
1	authorizing a multistate licensure privilege to practice as a licensed practical/vocational nurse in
2	such party state. In order to obtain or retain a license, an applicant must meet the home state's
3	qualifications for licensure and license renewal as well as all other applicable state laws.
4	Party states may, in accordance with state due process laws, limit or revoke the multistate
5	licensure privilege of any nurse to practice in their state and may take any other actions under
6	their applicable state laws necessary to protect the health and safety of their citizens. If a party
7	state takes such action, it shall promptly notify the administrator of the coordinated licensure
8	information system. The administrator of the coordinated licensure information system shall
9	promptly notify the home state of any such actions by remote states.
10	Every nurse practicing in a party state must comply with the state practice laws of the state in
11	which the patient is located at the time care is rendered. In addition, the practice of nursing is not
12	limited to patient care, but shall include all nursing practice as defined by the state practice laws
13	of a party state. The practice of nursing will subject a nurse to the jurisdiction of the nurse
14	licensing board and courts, as well as the laws, in that party state.
15	This compact does not affect additional requirements imposed by states for advanced practice
16	registered nursing. However, a multistate licensure privilege to practice registered nursing
17	granted by a party shall be recognized by other party states as a license to practice registered
18	nursing if one is required by state law as a precondition for qualifying for advanced practice
19	registered nurse authorization.
20	Individuals not residing in a party state shall continue to be able to apply for nurse licensure as
21	provided for under the laws of each party state. However, the license granted to these individuals
22	will not be recognized as granting the privilege to practice nursing in any other party
23	state unless explicitly agreed to by that party state.
24	(a) A multistate license to practice registered or licensed practical nursing/vocational nursing
25	issued by a home state to a resident in that state will be recognized by each party state as
26	authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical
27	nurse/vocational nurse (LPN/VN), under a multistate licensure privilege, in each party state.
28	(b) A state must implement procedures for considering the criminal history records of
29	applicants for initial multistate license or licensure by endorsement. Such procedures shall
30	include the submission of fingerprints or other biometric-based information by applicants for the
31	purpose of obtaining an applicant's criminal history record information from the Federal Bureau
32	of Investigation, and the agency responsible for retaining that state's criminal records.
33	(c) Each party state shall require the following for an applicant to obtain or retain a multistate
34	license in the home state:
	LC003746 - Page 505 of 621
1	(1) Meets the home state's qualifications for licensure or renewal of licensure, as well as all
2	other applicable state laws;
3	(2)(i) Has graduated or is eligible to graduate from a licensing board-approved RN or
4	LPN/VN prelicensure education program; or
5	(ii) Has graduated from a foreign RN or LPN/VN prelicensure education program that:
6	(A) Has been approved by the authorized accrediting body in the applicable country; and
7	(B) Has been verified by an independent credentials review agency to be comparable to a
8	licensing board-approved prelicensure education program;
9	(3) Has, if a graduate of a foreign prelicensure education program not taught in English or if
10	English is not the individual's native language, successfully passed an English proficiency
11	examination that includes the components of reading, speaking, writing and listening;
12	(4) Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or recognized
13	predecessor, as applicable;
14	(5) Is eligible for or holds an active, unencumbered license;
15	(6) Has submitted, in connection with an application for initial licensure or licensure by
16	endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history
17	record information from the Federal Bureau of Investigation and the agency responsible for
18	retaining that state's criminal records;
19	(7) Has not been convicted or found guilty nor entered into an agreed disposition of a felony
20	offense under applicable state or federal criminal law;
21	(8) Has not been convicted or found guilty nor entered into an agreed disposition of a
22	misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;
23	(9) Is not currently enrolled in an alternative program;
24	(10) Is subject to self-disclosure requirements regarding current participation in an alternative
25	program; and
26	(11) Has a valid United States Social Security number.
27	(d) All party states shall be authorized, in accordance with existing state due process law, to
28	take adverse action against a nurse's multistate licensure privilege such as revocation, suspension,
29	probation or any other action that affects a nurse's authorization to practice under a multistate
30	licensure privilege, including cease and desist actions. If a party state takes such action, it shall
31	promptly notify the administrator of the coordinated licensure information system. The
32	administrator of the coordinated licensure information system shall promptly notify the home
33	state of any such actions by remote states.
	LC003746 - Page 506 of 621
1	(e) A nurse practicing in a party state must comply with the state practice laws of the state in
2	which the client is located at the time service is provided. The practice of nursing is not limited to
3	patient care, but shall include all nursing practice as defined by the state practice laws of the party
4	state in which the client is located. The practice of nursing in a party state under a multistate
5	licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the
6	laws of the party state in which the client is located at the time service is provided.
7	(f) Individuals not residing in a party state shall continue to be able to apply for a party state's
8	single-state license as provided under the laws of each party state. However, the singlestate
9	license granted to these individuals will not be recognized as granting the privilege to practice
10	nursing in any other party state. Nothing in this compact shall affect the requirements established
11	by a party state for the issuance of a single-state license.
12	(g) Any nurse holding a home state multistate license, on the effective date of this compact,
13	may retain and renew the multistate license issued by the nurse's then-current home state,
14	provided that:
15	(1) A nurse, who changes primary state of residence after this compact’s effective date, must
16	meet all applicable requirements to obtain a multistate license from a new home state; and
17	(2) A nurse who fails to satisfy the multistate licensure requirements due to a disqualifying
18	event occurring after this compact’s effective date shall be ineligible to retain or renew a
19	multistate license, and the nurse's multistate license shall be revoked or deactivated in accordance
20	with applicable rules adopted by the commission.
21	5-34.3-6. Applications for licensure in a party state.
22	(a) Upon application for a license, the licensing board in a party state shall ascertain, through
23	the coordinated licensure information system, whether the applicant has ever held, or is the holder
24	of, a license issued by any other state, whether there are any restrictions on the multistate
25	licensure privilege, and whether any other adverse action by any state has been taken against the
26	license.
27	(b) A nurse in a party state shall hold licensure in only one party state at a time, issued by
28	the home state.
29	(c) A nurse who intends to change primary state of residence may apply for licensure in the
30	new home state in advance of such change. However, new licenses will not be issued by a party
31	state until after a nurse provides evidence of change in primary state of residence satisfactory to
32	the new home state's licensing board.
33	(d) When a nurse changes primary state of residence by;
	LC003746 - Page 507 of 621
1	(1) Moving between two party states, and obtains a license from the new home state, the
2	license from the former home state is no longer valid;
3	(2) Moving from a non-party state to a party state, and obtains a license from the new
4	home state, the individual state license issued by the non-party state is not affected and will
5	remain in full force if so provided by the laws of the non-party state;
6	(3) Moving from a party state to a non-party state, the license issued by the prior home
7	state converts to an individual state license, valid only in the former home state, without the
8	multistate licensure privilege to practice in other party states.
9	(a) Upon application for a multistate license, the licensing board in the issuing party state
10	shall ascertain, through the coordinated licensure information system, whether the applicant has
11	ever held, or is the holder of, a license issued by any other state, whether there are any
12	encumbrances on any license or multistate licensure privilege held by the applicant, whether any
13	adverse action has been taken against any license or multistate licensure privilege held by the
14	applicant and whether the applicant is currently participating in an alternative program.
15	(b) A nurse may hold a multistate license, issued by the home state, in only one party
16	state at a time.
17	(c) If a nurse changes primary state of residence by moving between two (2) party states,
18	the nurse must apply for licensure in the new home state, and the multistate license issued by the
19	prior home state will be deactivated in accordance with applicable rules adopted by the
20	commission.
21	(1) The nurse may apply for licensure in advance of a change in primary state of
22	residence.
23	(2) A multistate license shall not be issued by the new home state until the nurse provides
24	satisfactory evidence of a change in primary state of residence to the new home state and satisfies
25	all applicable requirements to obtain a multistate license from the new home state.
26	(d) If a nurse changes primary state of residence by moving from a party state to a nonparty
27	state, the multistate license issued by the prior home state will convert to a single-state license,
28	valid only in the former home state.
29	5-34.3-8. Additional authorities invested in party state nurse licensing boards.
30	(a) Notwithstanding any other powers conferred by state law, party state nurse licensing
31	boards shall have the authority to:
32	(1) If otherwise, permitted by state law, recover from the affected nurse the costs of
33	investigations and disposition of cases resulting from any adverse action taken against that nurse;
	LC003746 - Page 508 of 621
1	(2) Issue subpoenas for both hearings and investigations which require the attendance and
2	testimony of witnesses, and the production of evidence. Subpoenas issued by a nurse licensing
3	board in a party state for the attendance and testimony of witnesses, and/or the production of
4	evidence from another party state, shall be enforced in the latter state by any court of competent
5	jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued
6	in proceedings pending before it. The issuing authority shall pay any witness fees, travel
7	expenses, mileage and other fees required by the service statutes of the state where the witnesses
8	and/or evidence are located.
9	(3) Issue cease and desist orders to limit or revoke a nurse's authority to practice in their state;
10	(4) Promulgate uniform rules and regulations as provided for in subsection 5-34.3-10(c).
11	(1) Take adverse action against a nurse's multistate licensure privilege to practice within that
12	party state.
13	(i) Only the home state shall have the power to take adverse action against a nurse's license
14	issued by the home state.
15	(ii) For purposes of taking adverse action, the home state licensing board shall give the same
16	priority and effect to reported conduct received from a remote state as it would if such conduct
17	had occurred within the home state. In so doing, the home state shall apply its own state laws to
18	determine appropriate action.
19	(2) Issue cease and desist orders or impose an encumbrance on a nurse's authority to practice
20	within that party state.
21	(3) Complete any pending investigations of a nurse who changes primary state of residence
22	during the course of such investigations. The licensing board shall also have the authority to take
23	appropriate action(s) and shall promptly report the conclusions of such investigations to the
24	administrator of the coordinated licensure information system. The administrator of the
25	coordinated licensure information system shall promptly notify the new home state of any such
26	actions.
27	(4) Issue subpoenas for both hearings and investigations that require the attendance and
28	testimony of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing
29	board in a party state for the attendance and testimony of witnesses or the production of evidence
30	from another party state shall be enforced in the latter state by any court of competent
31	jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued
32	in proceedings pending before it. The issuing authority shall pay any witness fees, travel
33	expenses, mileage and other fees required by the service statutes of the state in which the
34	witnesses or evidence are located.
	LC003746 - Page 509 of 621
1	(5) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based
2	information to the Federal Bureau of Investigation for criminal background checks, receive the
3	results of the Federal Bureau of Investigation record search on criminal background checks and
4	use the results in making licensure decisions.
5	(6) If otherwise permitted by state law, recover from the affected nurse the costs of
6	investigations and disposition of cases resulting from any adverse action taken against that nurse.
7	(7) Take adverse action based on the factual findings of the remote state, provided that the
8	licensing board follows its own procedures for taking such adverse action.
9	(b) If adverse action is taken by the home state against a nurse's multistate license, the nurse's
10	multistate licensure privilege to practice in all other party states shall be deactivated until all
11	encumbrances have been removed from the multistate license. All home state disciplinary orders
12	that impose adverse action against a nurse's multistate license shall include a statement that the
13	nurse's multistate licensure privilege is deactivated in all party states during the pendency of the
14	order.
15	(c) Nothing in this compact shall override a party state's decision that participation in an
16	alternative program may be used in lieu of adverse action. The home state licensing board shall
17	deactivate the multistate licensure privilege under the multistate license of any nurse for the
18	duration of the nurse's participation in an alternative program.
19	5-34.3-9. Coordinated licensure information system Coordinated licensure information
20	system and exchange of information.
21	(a) All party states shall participate in a cooperative effort to create a coordinated data base
22	licensure information system of all licensed registered nurses (RNs) and licensed practical
23	nurses/vocational nurses (LPNs/VNs). This system will include information on the licensure and
24	disciplinary history of each nurse, as contributed submitted by party states, to assist in the
25	coordination of nurse licensure and enforcement efforts.
26	(b) Notwithstanding any other provision of law, all party states' licensing boards shall
27	promptly report adverse actions, actions against multistate licensure privileges, any current
28	significant investigative information yet to result in adverse action, denials of applications, and
29	the reasons for such denials, to the coordinated licensure information system. The commission,
30	in consultation with the administrator of the coordinated licensure information system, shall
31	formulate necessary and proper procedures for the identification, collection and exchange of
32	information under this compact.
33	(c) All licensing boards shall promptly report to the coordinated licensure information system
34	any adverse action, any current significant investigative information, denials of applications (with
	LC003746 - Page 510 of 621
1	the reasons for such denials) and nurse participation in alternative programs known to the
2	licensing board regardless of whether such participation is deemed nonpublic or confidential
3	under state law.
4	(c)(d) Current significant investigative information and participation in nonpublic or
5	confidential alternative programs shall be transmitted through the coordinated licensure
6	information system only to party state licensing boards.
7	(d)(e) Notwithstanding any other provision of law, all party states' licensing boards
8	contributing information to the coordinated licensure information system may designate
9	information that may not be shared with non-party states or disclosed to other entities or
10	individuals without the express permission of the contributing state.
11	(e)(f) Any personally identifiable information obtained from the coordinated licensure
12	information system by a party state's licensing board shall from the coordinated licensure
13	information system may not be shared with non-party states or disclosed to other entities or
14	individuals except to the extent permitted by the laws of the party state contributing the
15	information.
16	(f)(g) Any information contributed to the coordinated licensure information system that is
17	subsequently required to be expunged by the laws of the party state contributing that information,
18	shall also be expunged from the coordinated licensure information system.
19	(g) The compact administrators, acting jointly with each other and in consultation with the
20	administrator of the coordinated licensure information system, shall formulate necessary and
21	proper procedures for the identification, collection and exchange of information under this
22	compact.
23	(h) The compact administrator of each party state shall furnish a uniform data set to the
24	compact administrator of each other party state, which shall include, at a minimum:
25	(1) Identifying information;
26	(2) Licensure data;
27	(3) Information related to alternative program participation; and
28	(4) Other information that may facilitate the administration of this compact, as
29	determined by commission rules.
30	(i) The compact administrator of a party state shall provide all investigative documents and
31	information requested by another party state.
32	5-34.3-10. Compact administration and interchange of information Establishment of the
33	interstate commission of nurse licensure compact administrators.
	LC003746 - Page 511 of 621
1	(a) The head of the nurse licensing board, or his/her designee, of each party state shall be
2	the administrator of this compact for his/her state.
3	(b) The compact administrator of each party shall furnish to the compact administrator of
4	each other party state any information and documents including, but not limited to, a uniform data
5	set of investigations, identifying information, licensure data, and disclosable alternative program
6	participation information to facilitate the administration of this compact.
7	(c) Compact administrators shall have the authority to develop uniform rules to facilitate
8	and coordinate implementation of this compact. These uniform rules shall be adopted by party
9	states, under the authority invested under § 5-34.3-8(4).
10	(a) The party states hereby create and establish a joint public entity known as the
11	interstate commission of nurse licensure compact administrators (the "commission").
12	(1) The commission is an instrumentality of the party states.
13	(2) Venue is proper, and judicial proceedings by or against the commission shall be brought
14	solely and exclusively, in a court of competent jurisdiction where the principal office of the
15	commission is located. The commission may waive venue and jurisdictional defenses to the
16	extent it adopts or consents to participate in alternative dispute resolution proceedings.
17	(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
18	(b) Membership, voting and meetings:
19	(1) Each party state shall have and be limited to one administrator. The head of the state
20	licensing board or designee shall be the administrator of this compact for each party state. Any
21	administrator may be removed or suspended from office as provided by the law of the state from
22	which the administrator is appointed. Any vacancy occurring in the commission shall be filled in
23	accordance with the laws of the party state in which the vacancy exists.
24	(2) Each administrator shall be entitled to one vote with regard to the promulgation of rules
25	and creation of bylaws and shall otherwise have an opportunity to participate in the business and
26	affairs of the commission. An administrator shall vote in person or by such other means as
27	provided in the bylaws. The bylaws may provide for an administrator's participation in meetings
28	by telephone or other means of communication.
29	(3) The commission shall meet at least once during each calendar year. Additional meetings
30	shall be held as set forth in the bylaws or rules of the commission.
31	(4) All meetings shall be open to the public, and public notice of meetings shall be given in
32	the same manner as required under the rulemaking provisions in § 5-34.3-10.1.
33	(5) The commission may convene in a closed, nonpublic meeting if the commission must
34	discuss:
	LC003746 - Page 512 of 621
1	(i) Noncompliance of a party state with its obligations under this compact;
2	(ii) The employment, compensation, discipline or other personnel matters, practices or
3	procedures related to specific employees or other matters related to the commission's internal
4	personnel practices and procedures;
5	(iii) Current, threatened or reasonably anticipated litigation;
6	(iv) Negotiation of contracts for the purchase or sale of goods, services or real estate;
7	(v) Accusing any person of a crime or formally censuring any person;
8	(vi) Disclosure of trade secrets or commercial or financial information that is privileged or
9	confidential;
10	(vii) Disclosure of information of a personal nature where disclosure would constitute a
11	clearly unwarranted invasion of personal privacy;
12	(viii) Disclosure of investigatory records compiled for law enforcement purposes;
13	(ix) Disclosure of information related to any reports prepared by or on behalf of the
14	commission for the purpose of investigation of compliance with this compact; or
15	(x) Matters specifically exempted from disclosure by federal or state statute.
16	(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the
17	commission's legal counsel or designee shall certify that the meeting may be closed and shall
18	reference each relevant exempting provision. The commission shall keep minutes that fully and
19	clearly describe all matters discussed in a meeting and shall provide a full and accurate summary
20	of actions taken, and the reasons therefor, including a description of the views expressed. All
21	documents considered in connection with an action shall be identified in such minutes. All
22	minutes and documents of a closed meeting shall remain under seal, subject to release by a
23	majority vote of the commission or order of a court of competent jurisdiction.
24	(c) The commission shall, by a majority vote of the administrators, prescribe bylaws or rules
25	to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise
26	the powers of this compact, including, but not limited to:
27	(1) Establishing the fiscal year of the commission;
28	(2) Providing reasonable standards and procedures:
29	(i) For the establishment and meetings of other committees; and
30	(ii) Governing any general or specific delegation of any authority or function of the
31	commission;
32	(3) Providing reasonable procedures for calling and conducting meetings of the commission,
33	ensuring reasonable advance notice of all meetings and providing an opportunity for attendance
34	of such meetings by interested parties, with enumerated exceptions designed to protect the
	LC003746 - Page 513 of 621
1	public's interest, the privacy of individuals, and proprietary information, including trade secrets.
2	The commission may meet in closed session only after a majority of the administrators vote to
3	close a meeting in whole or in part. As soon as practicable, the commission must make public a
4	copy of the vote to close the meeting revealing the vote of each administrator, with no proxy
5	votes allowed;
6	(4) Establishing the titles, duties and authority and reasonable procedures for the election
7	of the officers of the commission;
8	(5) Providing reasonable standards and procedures for the establishment of the personnel
9	policies and programs of the commission. Notwithstanding any civil service or other similar laws
10	of any party state, the bylaws shall exclusively govern the personnel policies and programs of the
11	commission; and
12	(6) Providing a mechanism for winding up the operations of the commission and the
13	equitable disposition of any surplus funds that may exist after the termination of this compact
14	after the payment or reserving of all of its debts and obligations;
15	(d) The commission shall publish its bylaws and rules, and any amendments thereto, in a
16	convenient form on the website of the commission.
17	(e) The commission shall maintain its financial records in accordance with the bylaws.
18	(f) The commission shall meet and take such actions as are consistent with the provisions
19	of this compact and the bylaws.
20	(g) The commission shall have the following powers:
21	(1) To promulgate uniform rules to facilitate and coordinate implementation and
22	administration of this compact. The rules shall have the force and effect of law and shall be
23	binding in all party states;
24	(2) To bring and prosecute legal proceedings or actions in the name of the commission,
25	provided that the standing of any licensing board to sue or be sued under applicable law shall not
26	be affected;
27	(3) To purchase and maintain insurance and bonds;
28	(4) To borrow, accept or contract for services of personnel, including, but not limited to,
29	employees of a party state or nonprofit organizations;
30	(5) To cooperate with other organizations that administer state compacts related to the
31	regulation of nursing, including, but not limited to, sharing administrative or staff expenses,
32	office space or other resources;
33	(6) To hire employees, elect or appoint officers, fix compensation, define duties, grant such
34	individuals appropriate authority to carry out the purposes of this compact, and to establish the
	LC003746 - Page 514 of 621
1	commission's personnel policies and programs relating to conflicts of interest, qualifications of
2	personnel and other related personnel matters;
3	(7) To accept any and all appropriate donations, grants and gifts of money, equipment,
4	supplies, materials and services, and to receive, utilize and dispose of the same; provided that at
5	all times the commission shall avoid any appearance of impropriety or conflict of interest;
6	(8) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,
7	improve or use, any property, whether real, personal or mixed; provided that at all times the
8	commission shall avoid any appearance of impropriety;
9	(9) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any
10	property, whether real, personal or mixed;
11	(10) To establish a budget and make expenditures;
12	(11) To borrow money;
13	(12) To appoint committees, including advisory committees comprised of administrators,
14	state nursing regulators, state legislators or their representatives, and consumer representatives,
15	and other such interested persons;
16	(13) To provide and receive information from, and to cooperate with, law enforcement
17	agencies;
18	(14) To adopt and use an official seal; and
19	(15) To perform such other functions as may be necessary or appropriate to achieve the
20	purposes of this compact consistent with the state regulation of nurse licensure and practice.
21	(h) Financing of the commission:
22	(1) The commission shall pay, or provide for the payment of, the reasonable expenses of its
23	establishment, organization and ongoing activities;
24	(2) The commission may also levy on and collect an annual assessment from each party state
25	to cover the cost of its operations, activities and staff in its annual budget as approved each year.
26	The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be
27	determined by the commission, which shall promulgate a rule that is binding upon all party states;
28	(3) The commission shall not incur obligations of any kind prior to securing the funds
29	adequate to meet the same; nor shall the commission pledge the credit of any of the party states,
30	except by, and with the authority of, such party state;
31	(4) The commission shall keep accurate accounts of all receipts and disbursements. The
32	receipts and disbursements of the commission shall be subject to the audit and accounting
33	procedures established under its bylaws. However, all receipts and disbursements of funds
34	handled by the commission shall be audited yearly by a certified or licensed public accountant,
	LC003746 - Page 515 of 621
1	and the report of the audit shall be included in and become part of the annual report of the
2	commission.
3	(i) Qualified immunity, defense and indemnification:
4	(1) The administrators, officers, executive director, employees and representatives of the
5	commission shall be immune from suit and liability, either personally or in their official capacity,
6	for any claim for damage to or loss of property or personal injury or other civil liability caused by
7	or arising out of any actual or alleged act, error or omission that occurred, or that the person
8	against whom the claim is made had a reasonable basis for believing occurred, within the scope
9	of commission employment, duties or responsibilities; provided that nothing in this paragraph
10	shall be construed to protect any such person from suit or liability for any damage, loss, injury or
11	liability caused by the intentional, willful or wanton misconduct of that person;
12	(2) The commission shall defend any administrator, officer, executive director, employee
13	or representative of the commission in any civil action seeking to impose liability arising out of
14	any actual or alleged act, error or omission that occurred within the scope of commission
15	employment, duties or responsibilities, or that the person against whom the claim is made had a
16	reasonable basis for believing occurred within the scope of commission employment, duties or
17	responsibilities; provided that nothing herein shall be construed to prohibit that person from
18	retaining their own counsel; and provided further that the actual or alleged act, error or omission
19	did not result from that person’s intentional, willful or wanton misconduct;
20	(3) The commission shall indemnify and hold harmless any administrator, officer,
21	executive director, employee or representative of the commission for the amount of any
22	settlement or judgment obtained against that person arising out of any actual or alleged act, error
23	or omission that occurred within the scope of commission employment, duties or responsibilities,
24	or that such person had a reasonable basis for believing occurred within the scope of commission
25	employment, duties or responsibilities, provided that the actual or alleged act, error or omission
26	did not result from the intentional, willful or wanton misconduct of that person.
27	5-34.3-12. Entry into force, withdrawal and amendment Effective date, withdrawal and
28	amendment.
29	(a) This compact shall enter into force and become effective as to any state when it has
30	been enacted into the laws of that state. Any party state may withdraw from this compact by
31	enacting a statute repealing the same, but no such withdrawal shall take effect until six (6) months
32	after the withdrawing state has given notice of the withdrawal to the executive heads of all other
33	party states.
	LC003746 - Page 516 of 621
1	(b) No withdrawal shall affect the validity or applicability by the licensing boards of
2	states remaining party to the compact of any report of adverse action occurring prior to the
3	withdrawal.
4	(c) Nothing contained in this compact shall be construed to invalidate or prevent any
5	nurse licensure agreement or other cooperative arrangement between a party state and a non-party
6	state that is made in accordance with the other provisions of this compact.
7	(d) This compact may be amended by the party states. No amendment to this compact
8	shall become effective and binding upon the party states unless and until it is enacted into the
9	laws of all party states.
10	(a) This compact shall become effective upon passage. All party states to this compact,
11	that also were parties to the prior nurse licensure compact, superseded by this compact, ("prior
12	compact"), shall be deemed to have withdrawn from said prior compact within six (6) months
13	after the effective date of this compact.
14	(b) Each party state to this compact shall continue to recognize a nurse's multistate
15	licensure privilege to practice in that party state issued under the prior compact until such party
16	state has withdrawn from the prior compact.
17	(c) Any party state may withdraw from this compact by enacting a statute repealing the
18	same. A party state's withdrawal shall not take effect until six (6) months after enactment of the
19	repealing statute.
20	(d) A party state's withdrawal or termination shall not affect the continuing requirement
21	of the withdrawing or terminated state's licensing board to report adverse actions and significant
22	investigations occurring prior to the effective date of such withdrawal or termination.
23	(e) Nothing contained in this compact shall be construed to invalidate or prevent any
24	nurse licensure agreement or other cooperative arrangement between a party state and a non-party
25	state that is made in accordance with the other provisions of this compact.
26	(f) This compact may be amended by the party states. No amendment to this compact
27	shall become effective and binding upon the party states unless and until it is enacted into the
28	laws of all party states.
29	(g) Representatives of non-party states to this compact shall be invited to participate in
30	the activities of the commission, on a nonvoting basis, prior to the adoption of this compact by all
31	states.
32	5-34.3-14. Construction and severability.
33	(a) This compact shall be liberally construed so as to effectuate the purposes thereof. The
34	provisions of this compact shall be severable and if any phrase, clause, sentence or provision of
	LC003746 - Page 517 of 621
1	this compact is declared to be contrary to the constitution of any party state or of the United
2	States or the applicability thereof to any government, agency, person or circumstance is held
3	invalid, the validity of the remainder of this compact and the applicability thereof to any
4	government, agency, person or circumstance shall not be affected thereby. If this compact shall
5	be held contrary to the constitution of any state party thereto, the compact shall remain in full
6	force and effect as to the remaining party states and in full force and effect as to the party state
7	affected as to all severable matters.
8	(b)In the event party states find a need for settling disputes arising under this compact:
9	(1) The party states may submit the issues in dispute to an arbitration panel which will be
10	comprised of an individual appointed by the compact administrator in the home state; an
11	individual appointed by the compact administrator in the remote state(s) involved; and an
12	individual mutually agreed upon by the compact administrators of all the party states involved in
13	the dispute.
14	(2) The decision of a majority of the arbitrators shall be final and binding.
15	SECTION 4. Sections 5-34.3-7 and 5-34.3-11 of the General Laws in Chapter 5-34.3 entitled
16	"Nurse Licensure Compact" are hereby repealed.
17	5-34.3-7. Adverse actions.
18	In addition to the provisions described in § 5-34.3-5, the following provisions apply:
19	(1) The licensing board of a remote state shall promptly report to the administrator of the
20	coordinated licensure information system any remote state actions including the factual and legal
21	basis for such action, if known. The licensing board of a remote state shall also promptly report
22	any significant current investigative information yet to result in a remote state action. The
23	administrator of the coordinated licensure information system shall promptly notify the home
24	state of any such reports.
25	(2) The licensing board of a party state shall have the authority to complete any pending
26	investigations for a nurse who changes primary state of residence during the course of such
27	investigations. It shall also have the authority to take appropriate action(s), and shall promptly
28	report the conclusions of such investigations to the administrator of the coordinated licensure
29	information system. The administrator of the coordinated licensure information system shall
30	promptly notify the new home state of any such actions.
31	(3) A remote state may take adverse action affecting the multistate licensure privilege to
32	practice within that party state. However, only the home state shall have the power to impose
33	adverse action against the license issued by the home state.
	LC003746 - Page 518 of 621
1	(4) For purposes of imposing adverse action, the licensing board of the home state shall
2	give the same priority and effect to reported conduct received from a remote state as it would if
3	such conduct had occurred within the home state. In so doing, it shall apply its own state laws to
4	determine appropriate action.
5	(5) The home state may take adverse action based on the factual findings of the remote
6	state, so long as each state follows its own procedures for imposing such adverse action.
7	(6) Nothing in this compact shall override a party state's decision that participation in an
8	alternative program may be used in lieu of licensure action and that such participation shall
9	remain non-public if required by the party state's laws. Party states must require nurses who enter
10	any alternative programs to agree not to practice in any other party state during the term of the
11	alternative program without prior authorization from such other party state.
12	5-34.3-11. Immunity.
13	No party state or the officers or employees or agents of a party state's nurse licensing
14	board who acts in accordance with the provisions of this compact shall be liable on account of
15	any act or omission in good faith while engaged in the performance of their duties under this
16	compact. Good faith in this article shall not include willful misconduct, gross negligence, or
17	recklessness.
18	SECTION 5. Title 5 of the General Laws entitled “Business and Professions” is hereby
19	amended by adding thereto the following chapter:
20	CHAPTER 44.1
21	PSYCHOLOGY INTERJURISDICTIONAL COMPACT
22	5-44.1-1. Short title. – This chapter shall be known and may be cited as the psychology
23	interjurisdictional compact act.
24	5.44-.1-2. Purpose.
25	WHEREAS, states license psychologists, in order to protect the public through
26	verification of education, training and experience and ensure accountability for professional
27	practice; and
28	WHEREAS, this compact is intended to regulate the day to day practice of
29	telepsychology (i.e. the provision of psychological services using telecommunication
30	technologies) by psychologists across state boundaries in the performance of their psychological
31	practice as assigned by an appropriate authority; and
32	WHEREAS, this compact is intended to regulate the temporary in-person, face-to-face
33	practice of psychology by psychologists across state boundaries for 30 days within a calendar
34	year in the performance of their psychological practice as assigned by an appropriate authority;
	LC003746 - Page 519 of 621
1	WHEREAS, this compact is intended to authorize state psychology regulatory authorities
2	to afford legal recognition, in a manner consistent with the terms of the compact, to psychologists
3	licensed in another state;
4	WHEREAS, this compact recognizes that states have a vested interest in protecting the
5	public’s health and safety through their licensing and regulation of psychologists and that such
6	state regulation will best protect public health and safety;
7	WHEREAS, this compact does not apply when a psychologist is licensed in both the
8	home and receiving states; and
9	WHEREAS, this compact does not apply to permanent in-person, face-to-face practice, it
10	does allow for authorization of temporary psychological practice.
11	Consistent with these principles, this compact is designed to achieve the following purposes and
12	objectives:
13	(1) Increase public access to professional psychological services by allowing for
14	telepsychological practice across state lines as well as temporary in-person, face-to-face services
15	into a state which the psychologist is not licensed to practice psychology;
16	(2) Enhance the states’ ability to protect the public’s health and safety, especially
17	client/patient safety;
18	(3) Encourage the cooperation of compact states in the areas of psychology licensure and
19	regulation;
20	(4) Facilitate the exchange of information between compact states regarding psychologist
21	licensure, adverse actions and disciplinary history;
22	(5) Promote compliance with the laws governing psychological practice in each compact
23	state; and
24	(6) Invest all compact states with the authority to hold licensed psychologists accountable
25	through the mutual recognition of compact state licenses.
26	5-44.1-3. – Definitions
27	(a) “Adverse action” means any action taken by a state psychology regulatory authority
28	which finds a violation of a statute or regulation that is identified by the state psychology
29	regulatory authority as discipline and is a matter of public record.
30	(b) “Association of state and provincial psychology boards (ASPPB)” means the
31	recognized membership organization composed of state and provincial psychology regulatory
32	authorities responsible for the licensure and registration of psychologists throughout the United
33	States and Canada.
	LC003746 - Page 520 of 621
1	(c) “Authority to practice interjurisdictional telepsychology” means a licensed
2	psychologist’s authority to practice telepsychology, within the limits authorized under this
3	compact, in another compact state.
4	(d) “Bylaws” means those bylaws established by the psychology interjurisdictional
5	compact commission pursuant to section 5-44.1-11 for its governance, or for directing and
6	controlling its actions and conduct.
7	(e) “Client/patient” means the recipient of psychological services, whether psychological
8	services are delivered in the context of healthcare, corporate, supervision, and/or consulting
9	services.
10	(f) “Commissioner” means the voting representative appointed by each state psychology
11	Regulatory Authority pursuant to section 5-44.1-11.
12	(g) “Compact state” means a state, the District of Columbia, or United States territory
13	that has enacted this compact legislation and which has not withdrawn pursuant to section 5-44.1-
14	14 (e) or been terminated pursuant to section 5-44.1-13 (b).
15	(h) “Coordinated licensure information system” also referred to as “coordinated
16	database” means an integrated process for collecting, storing, and sharing information on
17	psychologists’ licensure and enforcement activities related to psychology licensure laws, which is
18	administered by the recognized membership organization composed of state and provincial
19	psychology regulatory authorities.
20	(i) “Confidentiality” means the principle that data or information is not made available or
21	disclosed to unauthorized persons and/or processes.
22	(j) “Day” means any part of a day in which psychological work is performed.
23	(k) “Distant State” means the compact state where a psychologist is physically present
24	(not through the use of telecommunications technologies), to provide temporary in-person, face-
25	to-face psychological services.
26	(l) “E.Passport” means a certificate issued by the ASPPB that promotes the
27	standardization in the criteria of interjurisdictional telepsychology practice and facilitates the
28	process for licensed psychologists to provide telepsychological services across state lines.
29	(m) “Executive board” means a group of directors elected or appointed to act on behalf
30	of, and within the powers granted to them by, the commission.
31	(n) “Home state” means a compact state where a psychologist is licensed to practice
32	psychology. If the psychologist is licensed in more than one compact state and is practicing
33	under the authorization to practice interjurisdictional telepsychology, the home state is the
34	compact state where the psychologist is physically present when the telepsychological services
	LC003746 - Page 521 of 621
1	are delivered. If the psychologist is licensed in more than one compact state and is practicing
2	under the temporary authorization to practice, the home state is any compact state where the
3	psychologist is licensed.
4	(o) “Identity history summary” means a summary of information retained by the FBI, or
5	other designee with similar authority, in connection with arrests and, in some instances, federal
6	employment, naturalization, or military service.
7	(p) “In-person, face-to-face” means interactions in which the psychologist and the
8	client/patient are in the same physical space and which does not include interactions that may
9	occur through the use of telecommunication technologies.
10	(q) “Interjurisdictional practice certificate (IPC)” means a certificate issued by the
11	ASPPB that grants temporary authority to practice based on notification to the state psychology
12	regulatory authority of intention to practice temporarily, and verification of one’s qualifications
13	for such practice.
14	(r) “License” means authorization by a state psychology regulatory authority to engage in
15	the independent practice of psychology, which would be unlawful without the authorization.
16	(s) “Non-compact state” means any state which is not at the time a compact state.
17	(t) “Psychologist” means an individual licensed for the independent practice of
18	psychology.
19	(u) “Psychology interjurisdictional compact” means the formal compact authorized in
20	chapter 5-44.1.
21	(v) “Psychology interjurisdictional compact commission” also referred to as
22	“commission” means the national administration of which all compact states are members.
23	(w) “Receiving State” means a compact state where the client/patient is physically
24	located when the telepsychological services are delivered.
25	(x) “Rule” means a written statement by the psychology interjurisdictional compact
26	commission promulgated pursuant to section 5-44.1-12 that is of general applicability,
27	implements, interprets, or prescribes a policy or provision of the compact, or an organizational,
28	procedural, or practice requirement of the commission and has the force and effect of statutory
29	law in a compact state, and includes the amendment, repeal or suspension of an existing rule.
30	(y) “Significant investigatory information” means investigative information that a state
31	psychology regulatory authority, after a preliminary inquiry that includes notification and an
32	opportunity to respond if required by state law, has reason to believe, if proven true, would
33	indicate more than a violation of state statute or ethics code that would be considered more
34	substantial than minor infraction; or investigative information that indicates that the psychologist
	LC003746 - Page 522 of 621
1	represents an immediate threat to public health and safety regardless of whether the psychologist
2	has been notified and/or had an opportunity to respond.
3	(z) “State” means a state, commonwealth, territory, or possession of the United States,
4	the District of Columbia.
5	(aa) “State psychology regulatory authority” means the board, office or other agency with
6	the legislative mandate to license and regulate the practice of psychology.
7	(bb) “Telepsychology” means the provision of psychological services using
8	telecommunication technologies.
9	(cc) “Temporary authorization to practice” means a licensed psychologist’s authority to
10	conduct temporary in-person, face-to-face practice, within the limits authorized under this
11	compact, in another compact state.
12	(dd) “Temporary in-person, face-to-face practice” means where a psychologist is
13	physically present (not through the use of telecommunications technologies), in the distant state
14	to provide for the practice of psychology for 30 days within a calendar year and based on
15	notification to the distant state.
16	5-44.1-4. – Home state licensure.
17	(a) The home state shall be a compact state where a psychologist is licensed to practice
18	psychology.
19	(b) A psychologist may hold one or more compact State licenses at a time. If the
20	psychologist is licensed in more than one compact State, the home State is the compact state
21	where the psychologist is physically present when the services are delivered as authorized by the
22	authority to practice interjurisdictional telepsychology under the terms of this compact.
23	(c) Any compact state may require a psychologist not previously licensed in a compact
24	state to obtain and retain a license to be authorized to practice in the compact state under
25	circumstances not authorized by the authority to practice interjurisdictional telepsychology under
26	the terms of this compact.
27	(d) Any compact state may require a psychologist to obtain and retain a license to be
28	authorized to practice in a compact state under circumstances not authorized by temporary
29	authorization to practice under the terms of this compact.
30	(e) A homes state’s license authorizes a psychologist to practice in a receiving state under
31	the authority to practice interjurisdictional telepsychology only if the compact state:
32	(1) Currently requires the psychologist to hold an active E.Passport;
33	(2) Has a mechanism in place for receiving and investigating complaints about licensed
34	individuals;
	LC003746 - Page 523 of 621
1	(3) Notifies the commission, in compliance with the terms herein, of any adverse action
2	or significant investigatory information regarding a licensed individual;
3	(4) Requires an identity history summary of all applicants at initial licensure, including
4	the use of the results of fingerprints or other biometric data checks compliant with the
5	requirements of the Federal Bureau of Investigation (FBI), or other designee with similar
6	authority, no later than ten years after activation of the compact; and
7	(5) Complies with the bylaws and rules.
8	(f) A home state’s license grants temporary authorization to practice to a psychologist in
9	a distant state only if the compact state:
10	(1) Currently requires the psychologist to hold an active IPC;
11	(2) Has a mechanism in place for receiving and investigating complaints about licensed
12	individuals;
13	(3) Notifies the commission, in compliance with the terms herein, of any adverse action
14	or significant investigatory information regarding a licensed individual;
15	(4) Requires an identity history summary of all applicants at initial licensure, including
16	the use of the results of fingerprints or other biometric data checks compliant with the
17	requirements of the FBI, or other designee with similar authority, no later than ten years after
18	activation of the compact; and
19	(5) Complies with the bylaws and rules.
20	5-44.1-5 Compact privilege to practice telepsychology.
21	(a) Compact states shall recognize the right of a psychologist, licensed in a compact state
22	in conformance with section 5-44.1-4, to practice telepsychology in other compact states
23	(receiving states) in which the psychologist is not licensed, under the authority to practice
24	interjurisdictional telepsychology as provided in the compact.
25	(b) To exercise the authority to practice interjurisdictional telepsychology under the terms
26	and provisions of this compact, a psychologist licensed to practice in a compact state must:
27	(1) Hold a graduate degree in psychology from an institute of higher education that was,
28	at the time the degree was awarded:
29	(i) Regionally accredited by an accrediting body recognized by the U.S. department of
30	education to grant graduate degrees, or authorized by provincial statute or royal charter to grant
31	doctoral degrees; or
32	(ii) A foreign college or university deemed to be equivalent to 1(a) above by a foreign
33	credential evaluation service that is a member of the national association of credential evaluation
34	services (NACES) or by a recognized foreign credential evaluation service; and
	LC003746 - Page 524 of 621
1	(2) Hold a graduate degree in psychology that meets the following criteria: and
2	(3) The program, wherever it may be administratively housed, must be clearly identified
3	and labeled as a psychology program. Such a program must specify in pertinent institutional
4	catalogues and brochures its intent to educate and train professional psychologists;
5	(4) The psychology program must stand as a recognizable, coherent, organizational entity
6	within the institution;
7	(5) There must be a clear authority and primary responsibility for the core and specialty
8	areas whether or not the program cuts across administrative lines;
9	(6) The program must consist of an integrated, organized sequence of study;
10	(7) There must be an identifiable psychology faculty sufficient in size and breadth to
11	carry out its responsibilities;
12	(8) The designated director of the program must be a psychologist and a member of the
13	core faculty;
14	(9) The program must have an identifiable body of students who are matriculated in that
15	program for a degree;
16	(10) The program must include supervised practicum, internship, or field training
17	appropriate to the practice of psychology;
18	(11) The curriculum shall encompass a minimum of three academic years of full-time
19	graduate study for doctoral degree and a minimum of one academic year of full-time graduate
20	study for master’s degree;
21	(12) The program includes an acceptable residency as defined by the rules.
22	(13) Possess a current, full and unrestricted license to practice psychology in a home state
23	which is a compact state;
24	(14) Have no history of adverse action that violate the rules;
25	(15) Have no criminal record history reported on an Identity history summary that
26	violates the rules;
27	(16) Possess a current, active E.Passport;
28	(17) Provide attestations in regard to areas of intended practice, conformity with
29	standards of practice, competence in telepsychology technology; criminal background; and
30	knowledge and adherence to legal requirements in the home and receiving states, and provide a
31	release of information to allow for primary source verification in a manner specified by the
32	commission; and
33	(18) Meet other criteria as defined by the rules.
	LC003746 - Page 525 of 621
1	(c) The home state maintains authority over the license of any psychologist practicing
2	into a Receiving State under the authority to practice interjurisdictional telepsychology.
3	(d) A psychologist practicing into a receiving state under the authority to practice
4	interjurisdictional telepsychology will be subject to the receiving state’s scope of practice. A
5	receiving state may, in accordance with that state’s due process law, limit or revoke a
6	psychologist’s Authority to practice interjurisdictional telepsychology in the receiving state and
7	may take any other necessary actions under the receiving state’s applicable law to protect the
8	health and safety of the receiving State’s citizens. If a receiving state takes action, the state shall
9	promptly notify the home state and the commission.
10	(e) If a psychologist’s license in any home state, another compact state, or any authority
11	to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended or
12	otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be
13	eligible to practice telepsychology in a compact state under the authority to practice
14	interjurisdictional telepsychology.
15	5-44.1-6. – Compact temporary authorization to practice.
16	(a) Compact states shall also recognize the right of a psychologist, licensed in a compact state
17	in conformance with section 5-44.1-4, to practice temporarily in other compact states (distant
18	states) in which the psychologist is not licensed, as provided in the compact.
19	(b) To exercise the temporary authorization to practice under the terms and provisions of this
20	compact, a psychologist licensed to practice in a compact state must:
21	(1) Hold a graduate degree in psychology from an institute of higher education that was, at
22	the time the degree was awarded:
23	(i) Regionally accredited by an accrediting body recognized by the U.S. department of
24	education to grant graduate degrees, or authorized by provincial statute or royal charter to grant
25	doctoral degrees; or
26	(ii) A foreign college or university deemed to be equivalent to 1 (a) above by a foreign
27	credential evaluation service that is a member of the national association of credential evaluation
28	services (NACES) or by a recognized foreign credential evaluation service; and
29	(2) Hold a graduate degree in psychology that meets the following criteria:
30	(i) The program, wherever it may be administratively housed, must be clearly identified and
31	labeled as a psychology program. Such a program must specify in pertinent institutional
32	catalogues and brochures its intent to educate and train professional psychologists;
33	(ii) The psychology program must stand as a recognizable, coherent, organizational entity
34	within the institution;
	LC003746 - Page 526 of 621
1	(iii) There must be a clear authority and primary responsibility for the core and specialty
2	areas whether or not the program cuts across administrative lines;
3	(iv) The program must consist of an integrated, organized sequence of study;
4	(v) There must be an identifiable psychology faculty sufficient in size and breadth to carry
5	out its responsibilities;
6	(vi) The designated director of the program must be a psychologist and a member of the core
7	faculty;
8	(vii) The program must have an identifiable body of students who are matriculated in that
9	program for a degree;
10	(viii) The program must include supervised practicum, internship, or field training
11	appropriate to the practice of psychology;
12	(ix) The curriculum shall encompass a minimum of three academic years of full-time
13	graduate study for doctoral degrees and a minimum of one academic year of full-time graduate
14	study for master’s degree;
15	(x) The program includes an acceptable residency as defined by the rules.
16	(3) Possess a current, full and unrestricted license to practice psychology in a home state
17	which is a compact state;
18	(4) No history of adverse action that violate the rules;
19	(5) No criminal record history that violates the rules;
20	(6) Possess a current, active IPC;
21	(7) Provide attestations in regard to areas of intended practice and work experience and
22	provide a release of information to allow for primary source verification in a manner specified by
23	the commission; and
24	(8) Meet other criteria as defined by the rules.
25	(c) A psychologist practicing into a distant state under the temporary authorization to practice
26	shall practice within the scope of practice authorized by the distant state.
27	(d) A psychologist practicing into a distant state under the temporary authorization to practice
28	will be subject to the distant state’s authority and law. A distant state may, in accordance with
29	that state’s due process law, limit or revoke a psychologist’s temporary authorization to practice
30	in the distant state and may take any other necessary actions under the distant state’s applicable
31	law to protect the health and safety of the distant state’s citizens. If a distant state takes action, the
32	state shall promptly notify the home state and the commission.
33	(e) If a psychologist’s license in any home state, another compact state, or any temporary
34	authorization to practice in any distant state, is restricted, suspended or otherwise limited, the IPC
	LC003746 - Page 527 of 621
1	shall be revoked and therefore the psychologist shall not be eligible to practice in a compact state
2	under the temporary authorization to practice.
3	5-44.1-7. – Conditions of telepsychology practice in a receiving state.
4	(a) A psychologist may practice in a receiving state under the authority to practice
5	interjurisdictional telepsychology only in the performance of the scope of practice for psychology
6	as assigned by an appropriate state psychology regulatory authority, as defined in the rules, and
7	under the following circumstances:
8	(1) The psychologist initiates a client/patient contact in a home state via
9	telecommunications technologies with a client/patient in a receiving state;
10	(2) Other conditions regarding telepsychology as determined in the rules.
11	5-44.1-8. – Adverse actions.
12	(a) A home state shall have the power to impose adverse action against a psychologist’s
13	license issued by the home state. A distant state shall have the power to take adverse action on a
14	psychologist’s temporary authorization to practice within that distant state.
15	(b) A receiving state may take adverse action on a psychologist’s authority to practice
16	interjurisdictional telepsychology within that receiving state. A home state may take adverse
17	action against a psychologist based on an adverse action taken by a distant state regarding
18	temporary in-person, face-to-face practice.
19	(c) If a home state takes adverse action against a psychologist’s license, that
20	psychologist’s authority to practice interjurisdictional telepsychology is terminated and the
21	E.Passport is revoked. Furthermore, that psychologist’s temporary authorization to practice is
22	terminated and the IPC is revoked.
23	(1) All home state disciplinary orders which impose adverse action shall be reported to the
24	commission in accordance with the rules. A compact state shall report adverse actions in
25	accordance with the rules.
26	(2) In the event discipline is reported on a psychologist, the psychologist will not be eligible
27	for telepsychology or temporary in-person, face-to-face practice in accordance with the rules.
28	(3) Other actions may be imposed as determined by the rules.
29	(d) A home state’s psychology regulatory authority shall investigate and take appropriate
30	action with respect to reported inappropriate conduct engaged in by a licensee which occurred in
31	a Receiving State as it would if such conduct had occurred by a licensee within the home state. In
32	such cases, the home state’s law shall control in determining any adverse action against a
33	psychologist’s license.
	LC003746 - Page 528 of 621
1	(e) A distant state’s psychology regulatory authority shall investigate and take
2	appropriate action with respect to reported inappropriate conduct engaged in by a psychologist
3	practicing under temporary authorization practice which occurred in that distant state as it would
4	if such conduct had occurred by a licensee within the home state. In such cases, distant state’s
5	law shall control in determining any adverse action against a psychologist’s temporary
6	authorization to practice.
7	(f) Nothing in this compact shall override a compact state’s decision that a psychologist’s
8	participation in an alternative program may be used in lieu of adverse action and that such
9	participation shall remain non-public if required by the compact state’s law. Compact states must
10	require psychologists who enter any alternative programs to not provide telepsychology services
11	under the authority to practice interjurisdictional telepsychology or provide temporary
12	psychological services under the temporary authorization to practice in any other compact state
13	during the term of the alternative program.
14	(g) No other judicial or administrative remedies shall be available to a psychologist in the
15	event a compact State imposes an adverse action pursuant to subsection c, above.
16	5-44.1-9. – Additional authorities invested in a compact state’s psychology
17	regulatory authority.
18	(a) In addition to any other powers granted under state law, a compact state’s psychology
19	regulatory Authority shall have the authority under this compact to:
20	(1) Issue subpoenas, for both hearings and investigations, which require the attendance and
21	testimony of witnesses and the production of evidence. Subpoenas issued by a compact state’s
22	psychology regulatory authority for the attendance and testimony of witnesses, and/or the
23	production of evidence from another compact state shall be enforced in the latter state by any
24	court of competent jurisdiction, according to that court’s practice and procedure in considering
25	subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall
26	pay any witness fees, travel expenses, mileage and other fees required by the service statutes of
27	the state where the witnesses and/or evidence are located; and
28	(2) Issue cease and desist and/or injunctive relief orders to revoke a psychologist’s authority
29	to practice interjurisdictional telepsychology and/or temporary authorization to practice.
30	(3) During the course of any investigation, a psychologist may not change his/her home state
31	licensure. A home state psychology regulatory authority is authorized to complete any pending
32	investigations of a psychologist and to take any actions appropriate under its law. The home state
33	psychology regulatory authority shall promptly report the conclusions of such investigations to
34	the commission. Once an investigation has been completed, and pending the outcome of said
	LC003746 - Page 529 of 621
1	investigation, the psychologist may change his/her home state licensure. The commission shall
2	promptly notify the new home state of any such decisions as provided in the rules. All
3	information provided to the commission or distributed by compact states pursuant to the
4	psychologist shall be confidential, filed under seal and used for investigatory or disciplinary
5	matters. The commission may create additional rules for mandated or discretionary sharing of
6	information by compact States.
7	5-44.1-10. – Coordinated licensure information system.
8	(a) The commission shall provide for the development and maintenance of a coordinated
9	licensure information system and reporting system containing licensure and disciplinary action
10	information on all psychologists to whom this compact is applicable in all compact states as
11	defined by the rules.
12	(b) Notwithstanding any other provision of state law to the contrary, a compact state shall
13	submit a uniform data set to the coordinated database on all licensees as required by the rules,
14	including:
15	(i) Identifying information;
16	(ii) Licensure data;
17	(iii) Significant investigatory information;
18	(iv) Adverse actions against a psychologist’s license;
19	(v) An indicator that a psychologist’s authority to practice interjurisdictional telepsychology
20	and/or temporary authorization to practice is revoked;
21	(vi) Non-confidential information related to alternative program participation information;
22	(vii)Any denial of application for licensure, and the reasons for such denial; and
23	(viii) Other information which may facilitate the administration of this compact, as
24	determined in the rules.
25	(c) The coordinated database administrator shall promptly notify all compact states of any
26	adverse action taken against, or significant investigative information on, any licensee in a
27	compact state.
28	(d) Compact states reporting information to the coordinated database may designate
29	information that may not be shared with the public without the express permission of the compact
30	state reporting the information.
31	(e) Any information submitted to the coordinated database that is subsequently required to be
32	expunged by the law of the compact State reporting the information shall be removed from the
33	coordinated database.
34	5-44.1-11. – Establishment of the psychology interjurisdictional compact commission.
	LC003746 - Page 530 of 621
1	(a) The compact states hereby create and establish a joint public agency known as the
2	psychology interjurisdictional compact commission.
3	(1) The commission is a body politic and an instrumentality of the compact states.
4	(2) Venue is proper and judicial proceedings by or against the commission shall be brought
5	solely and exclusively in a court of competent jurisdiction where the principal office of the
6	commission is located. The commission may waive venue and jurisdictional defenses to the
7	extent it adopts or consents to participate in alternative dispute resolution proceedings.
8	(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
9	(b) Membership, voting, and meetings
10	(1) The commission shall consist of one voting representative appointed by each compact
11	state who shall serve as that state’s commissioner. The state psychology regulatory authority shall
12	appoint its delegate. This delegate shall be empowered to act on behalf of the compact state. This
13	delegate shall be limited to:
14	(i) Executive director, executive secretary or similar executive;
15	(ii) Current member of the state psychology regulatory authority of a compact State; or
16	(iii) Designee empowered with the appropriate delegate authority to act on behalf of the
17	compact State.
18	(2) Any commissioner may be removed or suspended from office as provided by the law of
19	the state from which the commissioner is appointed. Any vacancy occurring in
20	the commission shall be filled in accordance with the laws of the compact state in which the
21	vacancy exists.
22	(3) Each commissioner shall be entitled to one vote with regard to the promulgation of rules
23	and creation of bylaws and shall otherwise have an opportunity to participate in the business and
24	affairs of the commission. A commissioner shall vote in person or by such other means as
25	provided in the bylaws. The By-Laws may provide for commissioner’s participation in meetings
26	by telephone or other means of communication.
27	(4) The commission shall meet at least once during each calendar year. Additional meetings
28	shall be held as set forth in the bylaws.
29	(5) All meetings shall be open to the public, and public notice of meetings shall be given in
30	the same manner as required under the rulemaking provisions in Chapter 35 of Title 42.
31	(6) The commission may convene in a closed, non-public meeting if the commission must
32	discuss:
33	(i) Non-compliance of a compact state with its obligations under the compact;
	LC003746 - Page 531 of 621
1	(ii) The employment, compensation, discipline or other personnel matters, practices or
2	procedures related to specific employees or other matters related to the commission’s internal
3	personnel practices and procedures;
4	(iii) Current, threatened, or reasonably anticipated litigation against the commission;
5	(iv) Negotiation of contracts for the purchase or sale of goods, services or real estate;
6	(v) Accusation against any person of a crime or formally censuring any person;
7	(vi) Disclosure of trade secrets or commercial or financial information which is privileged or
8	confidential;
9	(vii) Disclosure of information of a personal nature where disclosure would constitute a
10	clearly unwarranted invasion of personal privacy;
11	(viii) Disclosure of investigatory records compiled for law enforcement purposes;
12	(ix) Disclosure of information related to any investigatory reports prepared by or on behalf of
13	or for use of the commission or other committee charged with responsibility for investigation or
14	determination of compliance issues pursuant to the compact; or
15	(x) Matters specifically exempted from disclosure by federal and state statute.
16	(7) If a meeting, or portion of a meeting, is closed pursuant to this provision, the
17	commission’s legal counsel or designee shall certify that the meeting may be closed and shall
18	reference each relevant exempting provision. The commission shall keep minutes which fully
19	and clearly describe all matters discussed in a meeting and shall provide a full and accurate
20	summary of actions taken, of any person participating in the meeting, and the reasons therefore,
21	including a description of the views expressed. All documents considered in connection with an
22	action shall be identified in such minutes. All minutes and documents of a closed meeting shall
23	remain under seal, subject to release only by a majority vote of the commission or order of a
24	court of competent jurisdiction.
25	(8) The commission shall, by a majority vote of the commissioners, prescribe bylaws and/or
26	rules to govern its conduct as may be necessary or appropriate to carry out the purposes and
27	exercise the powers of the compact, including but not limited to:
28	(i) Establishing the fiscal year of the commission;
29	(ii) Providing reasonable standards and procedures:
30	(iii) for the establishment and meetings of other committees; and
31	(iv) governing any general or specific delegation of any authority or function of the
32	commission;
33	(v) Providing reasonable procedures for calling and conducting meetings of the commission,
34	ensuring reasonable advance notice of all meetings and providing an opportunity for attendance
	LC003746 - Page 532 of 621
1	of such meetings by interested parties, with enumerated exceptions designed to protect the
2	public’s interest, the privacy of individuals of such proceedings, and proprietary information,
3	including trade secrets. The commission may meet in closed session only after a majority of the
4	commissioners vote to close a meeting to the public in whole or in part. As soon as practicable,
5	the commission must make public a copy of the vote to close the meeting revealing the vote of
6	each commissioner with no proxy votes allowed;
7	(vi) Establishing the titles, duties and authority and reasonable procedures for the election of
8	the officers of the commission;
9	(vii) Providing reasonable standards and procedures for the establishment of the personnel
10	policies and programs of the commission. Notwithstanding any civil service or other similar law
11	of any compact State, the bylaws shall exclusively govern the personnel policies and programs of
12	the commission;
13	(viii) Promulgating a code of ethics to address permissible and prohibited activities of
14	commission members and employees;
15	(ix) Providing a mechanism for concluding the operations of the commission and the
16	equitable disposition of any surplus funds that may exist after the termination of the compact
17	after the payment and/or reserving of all of its debts and obligations;
18	(9) The commission shall publish its Bylaws in a convenient form and file a copy thereof and
19	a copy of any amendment thereto, with the appropriate agency or officer in each of the compact
20	states;
21	(10) The commission shall maintain its financial records in accordance with the Bylaws; and
22	(11) The commission shall meet and take such actions as are consistent with the provisions of
23	this compact and the bylaws.
24	(c) The commission shall have the following powers:
25	(1) The authority to promulgate uniform rules to facilitate and coordinate implementation and
26	administration of this compact. The rule shall have the force and effect of law and shall be
27	binding in all compact states;
28	(2) To bring and prosecute legal proceedings or actions in the name of the commission,
29	provided that the standing of any state psychology regulatory authority or other regulatory body
30	responsible for psychology licensure to sue or be sued under applicable law shall not be affected;
31	(3) To purchase and maintain insurance and bonds;
32	(4) To borrow, accept or contract for services of personnel, including, but not limited to,
33	employees of a compact state;
	LC003746 - Page 533 of 621
1	(5) To hire employees, elect or appoint officers, fix compensation, define duties, grant such
2	individuals appropriate authority to carry out the purposes of the compact, and to establish the
3	commission’s personnel policies and programs relating to conflicts of interest, qualifications of
4	personnel, and other related personnel matters;
5	(6) To accept any and all appropriate donations and grants of money, equipment, supplies,
6	materials and services, and to receive, utilize and dispose of the same; provided that at all times
7	the commission shall strive to avoid any appearance of impropriety and/or conflict of interest;
8	(7) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,
9	improve or use, any property, real, personal or mixed; provided that at all times the commission
10	shall strive to avoid any appearance of impropriety;
11	(8) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any
12	property real, personal or mixed;
13	(9) To establish a budget and make expenditures;
14	(10) To borrow money;
15	(11) To appoint committees, including advisory committees comprised of members, state
16	regulators, state legislators or their representatives, and consumer representatives, and such other
17	interested persons as may be designated in this compact and the bylaws;
18	(12) To provide and receive information from, and to cooperate with, law enforcement
19	agencies;
20	(13) To adopt and use an official seal; and
21	(14) To perform such other functions as may be necessary or appropriate to achieve the
22	purposes of this compact consistent with the state regulation of psychology licensure, temporary
23	in-person, face-to-face practice and telepsychology practice.
24	(d) The executive board. The elected officers shall serve as the executive board, which shall
25	have the power to act on behalf of the commission according to the terms of this compact.
26	(1) The executive board shall be comprised of six members:
27	(i) Five voting members who are elected from the current membership of the commission by
28	the commission;
29	(ii) One ex-officio, nonvoting member from the recognized membership organization
30	composed of state and provincial psychology regulatory authorities.
31	(1) The ex-officio member must have served as staff or member on a state psychology
32	regulatory authority and will be selected by its respective organization.
33	(2) The commission may remove any member of the executive board as provided in the
34	bylaws.
	LC003746 - Page 534 of 621
1	(3) The executive board shall meet at least annually.
2	(4) The executive board shall have the following duties and responsibilities:
3	(i) Recommend to the entire commission changes to the rules or bylaws, changes to this
4	compact legislation, fees paid by compact states such as annual dues, and any other applicable
5	fees;
6	(ii) Ensure compact administration services are appropriately provided, contractual or
7	otherwise;
8	(iii) Prepare and recommend the budget;
9	(iv) Maintain financial records on behalf of the commission;
10	(v) Monitor compact compliance of member states and provide compliance reports to the
11	commission;
12	(vi) Establish additional committees as necessary; and
13	(vii) Other duties as provided in rules or bylaws.
14	(e) Financing of the commission
15	(1) The commission shall pay, or provide for the payment of the reasonable expenses of its
16	establishment, organization and ongoing activities.
17	(2) The commission may accept any and all appropriate revenue sources, donations and
18	grants of money, equipment, supplies, materials and services.
19	(3) The commission may levy on and collect an annual assessment from each compact state
20	or impose fees on other parties to cover the cost of the operations and activities of the
21	commission and its staff which must be in a total amount sufficient to cover its annual budget as
22	approved each year for which revenue is not provided by other sources. The aggregate annual
23	assessment amount shall be allocated based upon a formula to be determined by the commission
24	which shall promulgate a rule binding upon all compact states.
25	(1) The commission shall not incur obligations of any kind prior to securing the funds
26	adequate to meet the same; nor shall the commission pledge the credit of any of the compact
27	States, except by and with the authority of the compact state.
28	(2) The commission shall keep accurate accounts of all receipts and disbursements. The
29	receipts and disbursements of the commission shall be subject to the audit and accounting
30	procedures established under its bylaws. However, all receipts and disbursements of funds
31	handled by the commission shall be audited yearly by a certified or licensed public accountant
32	and the report of the audit shall be included in and become part of the annual report of the
33	commission.
34	(a) Qualified immunity, defense, and indemnification
	LC003746 - Page 535 of 621
1	(1) The members, officers, executive director, employees and representatives of the
2	commission shall be immune from suit and liability, either personally or in their official capacity,
3	for any claim for damage to or loss of property or personal injury or other civil liability caused by
4	or arising out of any actual or alleged act, error or omission that occurred, or that the person
5	against whom the claim is made had a reasonable basis for believing occurred within the scope of
6	commission employment, duties or responsibilities; provided that nothing in this paragraph shall
7	be construed to protect any such person from suit and/or liability for any damage, loss, injury or
8	liability caused by the intentional or willful or wanton misconduct of that person.
9	(2) The commission shall defend any member, officer, executive director, employee or
10	representative of the commission in any civil action seeking to impose liability arising out of any
11	actual or alleged act, error or omission that occurred within the scope of commission
12	employment, duties or responsibilities, or that the person against whom the claim is made had a
13	reasonable basis for believing occurred within the scope of commission employment, duties or
14	responsibilities; provided that nothing herein shall be construed to prohibit that person from
15	retaining his or her own counsel; and provided further, that the actual or alleged act, error or
16	omission did not result from that person’s intentional or willful or wanton misconduct.
17	(3) The commission shall indemnify and hold harmless any member, officer, executive
18	director, employee or representative of the commission for the amount of any settlement or
19	judgment obtained against that person arising out of any actual or alleged act, error or omission
20	that occurred within the scope of commission. employment, duties or responsibilities, or that such
21	person had a reasonable basis for believing occurred within the scope of commission
22	employment, duties or responsibilities, provided that the actual or alleged act, error or omission
23	did not result from the intentional or willful or wanton misconduct of that person.
24	5-44.1-12. – Rulemaking.
25	(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in
26	section 5-44.1-12 and the rules adopted thereunder. rules and amendments shall become binding
27	as of the date specified in each rule or amendment.
28	(b) If a majority of the legislatures of the compact states rejects a rule, by enactment of a
29	statute or resolution in the same manner used to adopt the compact, then such rule shall have no
30	further force and effect in any compact state.
31	(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the
32	commission.
	LC003746 - Page 536 of 621
1	(d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least
2	sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the
3	commission shall file a notice of proposed rulemaking:
4	(1) On the website of the commission; and
5	(2) On the website of each compact states’ psychology regulatory authority or the publication
6	in which each state would otherwise publish proposed rules.
7	(e) The Notice of proposed rulemaking shall include:
8	(1) The proposed time, date, and location of the meeting in which the rule will be considered
9	and voted upon;
10	(2) The text of the proposed rule or amendment and the reason for the proposed rule;
11	(3) A request for comments on the proposed rule from any interested person; and
12	(4) The manner in which interested persons may submit notice to the commission of their
13	intention to attend the public hearing and any written comments.
14	(f) Prior to adoption of a proposed rule, the commission shall allow persons to submit written
15	data, facts, opinions and arguments, which shall be made available to the public.
16	(g) The commission shall grant an opportunity for a public hearing before it adopts a rule or
17	amendment if a hearing is requested by:
18	(1) At least twenty-five (25) persons who submit comments independently of each other;
19	(2) A governmental subdivision or agency; or
20	(3) A duly appointed person in an association that has having at least twenty-five (25)
21	members.
22	(h) If a hearing is held on the proposed rule or amendment, the commission shall publish the
23	place, time, and date of the scheduled public hearing.
24	(1) All persons wishing to be heard at the hearing shall notify the executive director of the
25	commission or other designated member in writing of their desire to appear and testify at the
26	hearing not less than five (5) business days before the scheduled date of the hearing.
27	(2) Hearings shall be conducted in a manner providing each person who wishes to comment a
28	fair and reasonable opportunity to comment orally or in writing.
29	(3) No transcript of the hearing is required, unless a written request for a transcript is made, in
30	which case the person requesting the transcript shall bear the cost of producing the transcript. A
31	recording may be made in lieu of a transcript under the same terms and conditions as a transcript.
32	This subsection shall not preclude the commission from making a transcript or recording of the
33	hearing if it so chooses.
	LC003746 - Page 537 of 621
1	(4) Nothing in this section shall be construed as requiring a separate hearing on each rule.
2	rules may be grouped for the convenience of the commission at hearings required by this section.
3	(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing
4	date if the hearing was not held, the commission shall consider all written and oral comments
5	received.
6	(j) The commission shall, by majority vote of all members, take final action on the proposed
7	rule and shall determine the effective date of the rule, if any, based on the rulemaking record and
8	the full text of the rule.
9	(k) If no written notice of intent to attend the public hearing by interested parties is received,
10	the commission may proceed with promulgation of the proposed rule without a public hearing.
11	(l) Upon determination that an emergency exists, the commission may consider and adopt an
12	emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual
13	rulemaking procedures provided in the compact and in this section shall be retroactively applied
14	to the rule as soon as reasonably possible, in no event later than ninety (90) days after the
15	effective date of the rule. For the purposes of this provision, an emergency rule is one that must
16	be adopted immediately in order to:
17	(1) Meet an imminent threat to public health, safety, or welfare;
18	(2) Prevent a loss of commission or compact state funds;
19	(3) Meet a deadline for the promulgation of an administrative rule that is established by
20	federal law or rule; or
21	(4) Protect public health and safety.
22	(m) The commission or an authorized committee of the commission may direct revisions to a
23	previously adopted rule or amendment for purposes of correcting typographical errors, errors in
24	format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted
25	on the website of the commission. The revision shall be subject to challenge by any person for a
26	period of thirty (30) days after posting. The revision may be challenged only on grounds that the
27	revision results in a material change to a rule. A challenge shall be made in writing, and delivered
28	to the chair of the commission prior to the end of the notice period. If no challenge is made, the
29	revision will take effect without further action. If the revision is challenged, the revision may not
30	take effect without the approval of the commission.
31	5-44.1-13. -- Oversight, dispute resolution, and enforcement.
32	(a) Oversight
33	(1) The executive, legislative and judicial branches of state government in each compact state
34	shall enforce this compact and take all actions necessary and appropriate to effectuate the
	LC003746 - Page 538 of 621
1	compact’s purposes and intent. The provisions of this compact and the rules promulgated
2	hereunder shall have standing as statutory law.
3	(2) All courts shall take judicial notice of the compact and the rules in any judicial or
4	administrative proceeding in a compact state pertaining to the subject matter of this
5	compact which may affect the powers, responsibilities or actions of the commission.
6	(3) The commission shall be entitled to receive service of process in any such proceeding,
7	and shall have standing to intervene in such a proceeding for all purposes. Failure to provide
8	service of process to the commission shall render a judgment or order void as to the commission,
9	this compact or promulgated rules.
10	(b) Default, technical assistance, and termination
11	(1) If the commission determines that a compact state has defaulted in the performance of its
12	obligations or responsibilities under this compact or the promulgated rules, the commission shall:
13	(a) Provide written notice to the defaulting state and other compact states of the nature of the
14	default, the proposed means of remedying the default and/or any other action to be taken by the
15	commission; and
16	(b) Provide remedial training and specific technical assistance regarding the default.
17	(2) If a state in default fails to remedy the default, the defaulting state may be terminated
18	from the compact upon an affirmative vote of a majority of the compact states, and all rights,
19	privileges and benefits conferred by this compact shall be terminated on the effective date of
20	termination. A remedy of the default does not relieve the offending state of obligations or
21	liabilities incurred during the period of default.
22	(3) Termination of membership in the compact shall be imposed only after all other means of
23	securing compliance have been exhausted. Notice of intent to suspend or terminate shall be
24	submitted by the commission to the governor, the majority and minority leaders of the defaulting
25	state's legislature, and each of the compact states.
26	(4) A compact state which has been terminated is responsible for all assessments, obligations
27	and liabilities incurred through the effective date of termination, including obligations which
28	extend beyond the effective date of termination.
29	(5) The commission shall not bear any costs incurred by the state which is found to be in
30	default or which has been terminated from the compact, unless agreed upon in writing between
31	the commission and the defaulting state.
32	(6) The defaulting state may appeal the action of the commission by petitioning the U.S.
33	district court for the state of Georgia or the federal district where the compact has its principal
	LC003746 - Page 539 of 621
1	offices. The prevailing member shall be awarded all costs of such litigation, including reasonable
2	attorney’s fees.
3	(c) Dispute resolution
4	(1) Upon request by a compact state, the commission shall attempt to resolve disputes related
5	to the compact which arise among compact states and between compact and non-compact states.
6	(2) The commission shall promulgate a rule providing for both mediation and binding dispute
7	resolution for disputes that arise before the commission.
8	(d) Enforcement
9	(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions
10	and rules of this compact.
11	(2) By majority vote, the commission may initiate legal action in the United States district
12	court for the State of Georgia or the federal district where the compact has its principal offices
13	against a compact state in default to enforce compliance with the provisions of the compact and
14	its promulgated rules and bylaws. The relief sought may include both injunctive relief and
15	damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded
16	all costs of such litigation, including reasonable attorney’s fees.
17	(3) The remedies herein shall not be the exclusive remedies of the commission. The
18	commission may pursue any other remedies available under federal or state law.
19	5-44.1-14. Date of implementation of the psychology interjurisdictional compact
20	commission and associated rules, withdrawal, and amendments.
21	(a) The compact shall come into effect on the date on which the compact is enacted into law
22	in the seventh compact state. The provisions which become effective at that time shall be limited
23	to the powers granted to the commission relating to assembly and the promulgation of rules.
24	Thereafter, the commission shall meet and exercise rulemaking powers necessary to the
25	implementation and administration of the compact.
26	(b) Any state which joins the compact subsequent to the commission’s initial adoption of the
27	rules shall be subject to the rules as they exist on the date on which the compact becomes law in
28	that state. Any rule which has been previously adopted by the commission shall have the full
29	force and effect of law on the day the compact becomes law in that state.
30	(c) Any compact state may withdraw from this compact by enacting a statute repealing the
31	same.
32	(1) A compact state’s withdrawal shall not take effect until six (6) months after enactment of
33	the repealing statute.
	LC003746 - Page 540 of 621
1	(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s
2	psychology regulatory authority to comply with the investigative and adverse action reporting
3	requirements of this act prior to the effective date of withdrawal.
4	(d) Nothing contained in this compact shall be construed to invalidate or prevent any
5	psychology licensure agreement or other cooperative arrangement between a compact state and a
6	non-compact state which does not conflict with the provisions of this compact.
7	(e) This compact may be amended by the compact states. No amendment to this compact
8	shall become effective and binding upon any compact State until it is enacted into the law of all
9	compact states.
10	5-44.1-15. – Construction and severability.
11	This compact shall be liberally construed so as to effectuate the purposes thereof. If this
12	compact shall be held contrary to the constitution of any state member thereto, the compact shall
13	remain in full force and effect as to the remaining compact States.
14	SECTION 6. Title 5 of the General Laws entitled “Business and Professions” is hereby
15	amended by adding thereto the following chapter:
16	CHAPTER 40.2
17	RHODE ISLAND PHYSICAL THERAPIST LICENSURE COMPACT
18	5-40.2-1. Short title – The Rhode Island Physical Therapist Licensure Compact Act.
19	This chapter shall be known and may be cited as the Rhode Island physical therapist licensure
20	compact act.
21	5-40.2.-2. Purpose.
22	(a) The purpose of the physical therapist licensure compact is to facilitate interstate practice
23	of physical therapy with the goal of improving public access to physical therapy services. The
24	practice of physical therapy occurs in the state where the patient/client is located at the time of the
25	patient/client encounter. The compact preserves the regulatory authority of the state to protect
26	public health and safety through the current system of state licensure. The compact is designed to
27	achieve the following objectives:
28	(1) Increase public access to physical therapy services by providing for the mutual
29	recognition of other member state licenses;
30	(2) Enhance the states’ ability to protect the public’s health and safety;
31	(3) Encourage the cooperation of member states in regulating multi-state physical therapy
32	practice;
33	(4) Support spouses of relocating military members;
	LC003746 - Page 541 of 621
1	(5) Enhance the exchange of licensure, investigative, and disciplinary information between
2	member states; and
3	(6) Allow a remote state to hold a provider of services with a compact privilege in that state
4	accountable to that state’s practice standards.
5	5-40.2-3. Definitions.
6	As used in this compact, and except as otherwise provided, the following definitions shall
7	apply:
8	(a) “Active duty military” means full-time duty status in the active uniformed service of the
9	United States, including members of the national guard and reserve on active duty orders
10	pursuant to 10 U.S.C. Section 1209 and 1211.
11	(b) “Adverse action” means disciplinary action taken by a physical therapy licensing board
12	based upon misconduct, unacceptable performance, or a combination of both.
13	(c) “Alternative program” means a non-disciplinary monitoring or practice remediation
14	process approved by a physical therapy licensing board. This includes, but is not limited to,
15	substance abuse issues.
16	(d) “Compact privilege” means the authorization granted by a remote state to allow a licensee
17	from another member state to practice as a physical therapist or work as a physical therapist
18	assistant in the remote state under its laws and rules. The practice of physical therapy occurs in
19	the member state where the patient/client is located at the time of the patient/client encounter.
20	(e) “Continuing competence” means a requirement, as a condition of license renewal, to
21	provide evidence of participation in, and/or completion of, educational and professional activities
22	relevant to practice or area of work.
23	(f) “Data system” means a repository of information about licensees, including examination,
24	licensure, investigative, compact privilege, and adverse action.
25	(g) “Encumbered license” means a license that a physical therapy licensing board has limited
26	in any way.
27	(h) “Executive board” means a group of directors elected or appointed to act on behalf of, and
28	within the powers granted to them by, the commission.
29	(i) “Home state” means the member state that is the licensee’s primary state of residence.
30	(j) “Investigative information” means information, records, and documents received or
31	generated by a physical therapy licensing board pursuant to an investigation.
32	(k) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the
33	laws and rules governing the practice of physical therapy in a state.
	LC003746 - Page 542 of 621
1	(l) “Licensee” means an individual who currently holds an authorization from the state to
2	practice as a physical therapist or to work as a physical therapist assistant.
3	(m) “Member state” means a state that has enacted the compact.
4	(n) “Party state” means any member state in which a licensee holds a current license or
5	compact privilege or is applying for a license or compact privilege.
6	(o) “Physical therapist” means an individual who is licensed by a state to practice physical
7	therapy.
8	(p) “Physical therapist assistant” means an individual who is licensed/certified by a state and
9	who assists the physical therapist in selected components of physical therapy.
10	(q) “Physical therapy,” “physical therapy practice,” and “the practice of physical therapy”
11	mean the care and services provided by or under the direction and supervision of a licensed
12	physical therapist.
13	(r) “Physical therapy compact” means the formal compact authorized in chapter 5-40.2.
14	(s) “Physical therapy compact commission” or “commission” means the national
15	administrative body whose membership consists of all states that have enacted the compact.
16	(t) “Physical therapy licensing board” or “licensing board” means the agency of a state that is
17	responsible for the licensing and regulation of physical therapists and physical therapist
18	assistants.
19	(u) “Remote state” means a member state other than the home state, where a licensee is
20	exercising or seeking to exercise the compact privilege.
21	(v) “Rule” means a regulation, principle, or directive promulgated by the commission that has
22	the force of law.
23	(w) “State” means any state, commonwealth, district, or territory of the United States of
24	America that regulates the practice of physical therapy.
25	5-40.2-4. State participation in the compact.
26	(a) To participate in the compact, a state must:
27	(1) Participate fully in the commission’s data system, including using the commission’s
28	unique identifier as defined in rules;
29	(2) Have a mechanism in place for receiving and investigating complaints about licensees;
30	(3) Notify the commission, in compliance with the terms of the compact and rules, of any
31	adverse action or the availability of investigative information regarding a licensee;
32	(4) Fully implement a criminal background check requirement, within a time frame
33	established by rule, by receiving the results of the Federal Bureau of Investigation record search
	LC003746 - Page 543 of 621
1	on criminal background checks and use the results in making licensure decisions in accordance
2	with section 5-40.2-4 (b);
3	(5) Comply with the rules of the commission;
4	(6) Utilize a recognized national examination as a requirement for licensure pursuant to the
5	rules of the commission; and
6	(7) Have continuing competence requirements as a condition for license renewal.
7	(b) Upon adoption of this statute, the member state shall have the authority to obtain
8	biometric-based information from each physical therapy licensure applicant and submit this
9	information to the Federal Bureau of Investigation for a criminal background check in accordance
10	with 28 U.S.C. §534 and 42 U.S.C. §14616.
11	(c) A member state shall grant the compact privilege to a licensee holding a valid
12	unencumbered license in another member state in accordance with the terms of the compact and
13	rules.
14	(d) Member states may charge a fee for granting a compact privilege.
15	5-40.2-5. Compact privilege.
16	(a) To exercise the compact privilege under the terms and provisions of the compact, the
17	licensee shall:
18	(1) Hold a license in the home state;
19	(2) Have no encumbrance on any state license;
20	(3) Be eligible for a compact privilege in any member state in accordance with section 5-
21	40.2-5 (d), (g), and (h);
22	(4) Have not had any adverse action against any license or compact privilege within the
23	previous two years;
24	(5) Notify the commission that the licensee is seeking the compact privilege within a remote
25	state(s);
26	(6) Pay any applicable fees, including any state fee, for the compact privilege;
27	(7) Meet any jurisprudence requirements established by the remote state(s) in which the
28	licensee is seeking a compact privilege; and
29	(8) Report to the commission adverse action taken by any non-member state within 30 days
30	from the date the adverse action is taken.
31	(b) The compact privilege is valid until the expiration date of the home license. The licensee
32	must comply with the requirements of section 5-40.2-5 (a) to maintain the compact privilege in
33	the remote state.
	LC003746 - Page 544 of 621
1	(c) A licensee providing physical therapy in a remote state under the compact privilege shall
2	function within the laws and regulations of the remote state.
3	(d) A licensee providing physical therapy in a remote state is subject to that state’s regulatory
4	authority. A remote state may, in accordance with due process and that state’s laws, remove a
5	licensee’s compact privilege in the remote state for a specific period of time, impose fines, and/or
6	take any other necessary actions to protect the health and safety of its citizens. The licensee is not
7	eligible for a compact privilege in any state until the specific time for removal has passed and all
8	fines are paid.
9	(e) If a home state license is encumbered, the licensee shall lose the compact privilege in any
10	remote state until the following occur:
11	(1) The home state license is no longer encumbered; and
12	(2) Two years have elapsed from the date of the adverse action.
13	(f) Once an encumbered license in the home state is restored to good standing, the licensee
14	must meet the requirements of section 5-40.2-5 (a) to obtain a compact privilege in any remote
15	state.
16	(g) If a licensee’s compact privilege in any remote state is removed, the individual shall lose
17	the compact privilege in any remote state until the following occur:
18	(1) The specific period of time for which the compact privilege was removed has ended;
19	(2) All fines have been paid; and
20	(3) Two years have elapsed from the date of the adverse action.
21	(h) Once the requirements of section 5-40.2-5 (g) have been met, the license must meet the
22	requirements in section 5-40.2-5 (a) to obtain a compact privilege in a remote state.
23	5-40.2-6. Active duty military personnel or their spouses.
24	(a) A licensee who is active duty military or is the spouse of an individual who is active duty
25	military may designate one of the following as the home state:
26	(1) Home of record;
27	(2) Permanent change of station (PCS); or
28	(3) State of current residence if it is different than the PCS state or home of record.
29	5-40.2-7. Adverse Actions.
30	(a) A home state shall have exclusive power to impose adverse action against a license issued
31	by the home state.
32	(b) A home state may take adverse action based on the investigative information of a remote
33	state, so long as the home state follows its own procedures for imposing adverse action.
	LC003746 - Page 545 of 621
1	(c) Nothing in this compact shall override a member state’s decision that participation in an
2	alternative program may be used in lieu of adverse action and that such participation shall remain
3	non-public if required by the member state’s laws. Member states must require licensees who
4	enter any alternative programs in lieu of discipline to agree not to practice in any other member
5	state during the term of the alternative program without prior authorization from such other
6	member state.
7	(d) Any member state may investigate actual or alleged violations of the statutes and rules
8	authorizing the practice of physical therapy in any other member state in which a physical
9	therapist or physical therapist assistant holds a license or compact privilege.
10	(e) A remote state shall have the authority to:
11	(1) Take adverse actions as set forth in section 5-40.2-5 (d) against a licensee’s compact
12	privilege in the state;
13	(2) Issue subpoenas for both hearings and investigations that require the attendance and
14	testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy
15	licensing board in a party state for the attendance and testimony of witnesses, and/or the
16	production of evidence from another party state, shall be enforced in the latter state by any court
17	of competent jurisdiction, according to the practice and procedure of that court applicable to
18	subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness
19	fees, travel expenses, mileage, and other fees required by the service statutes of the state where
20	the witnesses and/or evidence are located; and
21	(3) If otherwise permitted by state law, recover from the licensee the costs of investigations
22	and disposition of cases resulting from any adverse action taken against that licensee.
23	(f) Joint Investigations
24	(1) In addition to the authority granted to a member state by its respective physical therapy
25	practice act or other applicable state law, a member state may participate with other member
26	states in joint investigations of licensees.
27	(2) Member states shall share any investigative, litigation, or compliance materials in
28	furtherance of any joint or individual investigation initiated under the Compact.
29	5-40.2-8. Establishment of the physical therapy compact commission.
30	(a) The compact member states hereby create and establish a joint public agency known as
31	the physical therapy compact commission:
32	(1) The commission is an instrumentality of the compact states.
33	(2) Venue is proper and judicial proceedings by or against the commission shall be brought
34	solely and exclusively in a court of competent jurisdiction where the principal office of the
	LC003746 - Page 546 of 621
1	commission is located. The commission may waive venue and jurisdictional defenses to the
2	extent it adopts or consents to participate in alternative dispute resolution proceedings.
3	(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
4	(b) Membership, Voting, and Meetings
5	(1) Each member state shall have and be limited to one delegate selected by that member
6	state’s licensing board.
7	(2) The delegate shall be a current member of the licensing board, who is a physical therapist,
8	physical therapist assistant, public member, or the board administrator.
9	(3) Any delegate may be removed or suspended from office as provided by the law of the
10	state from which the delegate is appointed.
11	(4) The member state board shall fill any vacancy occurring in the commission.
12	(5) Each delegate shall be entitled to one vote with regard to the promulgation of rules and
13	creation of bylaws and shall otherwise have an opportunity to participate in the business and
14	affairs of the commission.
15	(6) A delegate shall vote in person or by such other means as provided in the bylaws. The
16	bylaws may provide for delegates’ participation in meetings by telephone or other means of
17	communication.
18	(7) The commission shall meet at least once during each calendar year.
19	(8) Additional meetings shall be held as set forth in the bylaws.
20	(c) The commission shall have the following powers and duties:
21	(1) Establish the fiscal year of the commission;
22	(2) Establish bylaws;
23	(3) Maintain its financial records in accordance with the bylaws;
24	(4) Meet and take such actions as are consistent with the provisions of this compact and the
25	bylaws;
26	(5) Promulgate uniform rules to facilitate and coordinate implementation and administration
27	of this compact. The rules shall have the force and effect of law and shall be binding in all
28	member states;
29	(6) Bring and prosecute legal proceedings or actions in the name of the commission, provided
30	that the standing of any state physical therapy licensing board to sue or be sued under applicable
31	law shall not be affected;
32	(7) Purchase and maintain insurance and bonds;
33	(8) Borrow, accept, or contract for services of personnel, including, but not limited to,
34	employees of a member state;
	LC003746 - Page 547 of 621
1	(9) Hire employees, elect or appoint officers, fix compensation, define duties, grant such
2	individuals appropriate authority to carry out the purposes of the compact, and to establish the
3	commission’s personnel policies and programs relating to conflicts of interest, qualifications of
4	personnel, and other related personnel matters;
5	(10) Accept any and all appropriate donations and grants of money, equipment, supplies,
6	materials and services, and to receive, utilize and dispose of the same; provided that at all times
7	the commission shall avoid any appearance of impropriety and/or conflict of interest;
8	(11) Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,
9	improve or use, any property, real, personal or mixed; provided that at all times the commission
10	shall avoid any appearance of impropriety;
11	(12) Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any
12	property real, personal, or mixed;
13	(13) Establish a budget and make expenditures;
14	(14) Borrow money;
15	(15) Appoint committees, including standing committees composed of members, state
16	regulators, state legislators or their representatives, and consumer representatives, and such other
17	interested persons as may be designated in this compact and the bylaws;
18	(16) Provide and receive information from, and cooperate with, law enforcement agencies;
19	(17) Establish and elect an executive board; and
20	(18) Perform such other functions as may be necessary or appropriate to achieve the purposes
21	of this compact consistent with the state regulation of physical therapy licensure and practice.
22	(d) The executive board shall have the power to act on behalf of the commission according to
23	the terms of this compact. The executive board shall be composed of nine members:
24	(1) Seven voting members who are elected by the commission from the current membership
25	of the commission;
26	(2) One ex-officio, nonvoting member from the recognized national physical therapy
27	professional association; and
28	(3) One ex-officio, nonvoting member from the recognized membership organization of the
29	physical therapy licensing boards.
30	(4) The ex-officio members will be selected by their respective organizations.
31	(5) The commission may remove any member of the executive board as provided in bylaws.
32	(e) The executive board shall meet at least annually.
33	(f) The executive board shall have the following duties and responsibilities:
	LC003746 - Page 548 of 621
1	(1) Recommend to the entire commission changes to the rules or bylaws, changes to this
2	compact legislation, fees paid by compact member states such as annual dues, and any
3	commission compact fee charged to licensees for the compact privilege;
4	(2) Ensure compact administration services are appropriately provided, contractual or
5	otherwise;
6	(3) Prepare and recommend the budget;
7	(4) Maintain financial records on behalf of the commission;
8	(5) Monitor compact compliance of member states and provide compliance reports to the
9	commission;
10	(6) Establish additional committees as necessary; and
11	(7) Other duties as provided in rules or bylaws.
12	(g) All meetings of the commission shall be open to the public, and public notice of meetings
13	shall be given in the same manner as required under the rulemaking provisions in 5-40.2-
14	(1) The commission or the executive board or other committees of the commission may
15	convene in a closed, non-public meeting if the commission or executive board or other
16	committees of the commission must discuss:
17	(2) Non-compliance of a member state with its obligations under the compact;
18	(3) The employment, compensation, discipline or other matters, practices or procedures
19	related to specific employees or other matters related to the commission’s internal personnel
20	practices and procedures;
21	(4) Current, threatened, or reasonably anticipated litigation;
22	(5) Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
23	(6) Accusing any person of a crime or formally censuring any person;
24	(7) Disclosure of trade secrets or commercial or financial information that is privileged or
25	confidential;
26	(8) Disclosure of information of a personal nature where disclosure would constitute a clearly
27	unwarranted invasion of personal privacy;
28	(9) Disclosure of investigative records compiled for law enforcement purposes;
29	(10) Disclosure of information related to any investigative reports prepared by or on behalf of
30	or for use of the commission or other committee charged with responsibility of investigation or
31	determination of compliance issues pursuant to the compact; or
32	(11) Matters specifically exempted from disclosure by federal or member state statute.
	LC003746 - Page 549 of 621
1	(h) If a meeting, or portion of a meeting, is closed pursuant to this provision, the
2	commission’s legal counsel or designee shall certify that the meeting may be closed and shall
3	reference each relevant exempting provision.
4	(i) The commission shall keep minutes that fully and clearly describe all matters discussed in
5	a meeting and shall provide a full and accurate summary of actions taken, and the reasons
6	therefore, including a description of the views expressed. All documents considered in connection
7	with an action shall be identified in such minutes. All minutes and documents of a closed meeting
8	shall remain under seal, subject to release by a majority vote of the commission or order of a
9	court of competent jurisdiction.
10	(j) The commission shall pay, or provide for the payment of, the reasonable expenses of its
11	establishment, organization, and ongoing activities.
12	(1) The commission may accept any and all appropriate revenue sources, donations, and
13	grants of money, equipment, supplies, materials, and services.
14	(2) The commission may levy on and collect an annual assessment from each member state or
15	impose fees on other parties to cover the cost of the operations and activities of the commission
16	and its staff, which must be in a total amount sufficient to cover its annual budget as approved
17	each year for which revenue is not provided by other sources. The aggregate annual assessment
18	amount shall be allocated based upon a formula to be determined by the commission, which shall
19	promulgate a rule binding upon all member states.
20	(3) The commission shall not incur obligations of any kind prior to securing the funds
21	adequate to meet the same; nor shall the commission pledge the credit of any of the member
22	states, except by and with the authority of the member state.
23	(4) The commission shall keep accurate accounts of all receipts and disbursements. The
24	receipts and disbursements of the commission shall be subject to the audit and accounting
25	procedures established under its bylaws. However, all receipts and disbursements of funds
26	handled by the commission shall be audited yearly by a certified or licensed public accountant,
27	and the report of the audit shall be included in and become part of the annual report of the
28	commission.
29	(k) The members, officers, executive director, employees and representatives of the
30	commission shall be immune from suit and liability, either personally or in their official capacity,
31	for any claim for damage to or loss of property or personal injury or other civil liability caused by
32	or arising out of any actual or alleged act, error or omission that occurred, or that the person
33	against whom the claim is made had a reasonable basis for believing occurred within the scope of
34	commission employment, duties or responsibilities; provided that nothing in this paragraph shall
	LC003746 - Page 550 of 621
1	be construed to protect any such person from suit and/or liability for any damage, loss, injury, or
2	liability caused by the intentional or willful or wanton misconduct of that person.
3	(1) The commission shall defend any member, officer, executive director, employee or
4	representative of the commission in any civil action seeking to impose liability arising out of any
5	actual or alleged act, error, or omission that occurred within the scope of commission
6	employment, duties, or responsibilities, or that the person against whom the claim is made had a
7	reasonable basis for believing occurred within the scope of commission employment, duties, or
8	responsibilities; provided that nothing herein shall be construed to prohibit that person from
9	retaining his or her own counsel; and provided further, that the actual or alleged act, error, or
10	omission did not result from that person’s intentional or willful or wanton misconduct.
11	(2) The commission shall indemnify and hold harmless any member, officer, executive
12	director, employee, or representative of the commission for the amount of any settlement or
13	judgment obtained against that person arising out of any actual or alleged act, error or omission
14	that occurred within the scope of commission employment, duties, or responsibilities, or that such
15	person had a reasonable basis for believing occurred within the scope of commission
16	employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission
17	did not result from the intentional or willful or wanton misconduct of that person.
18	5-40-.2-9. Data System.
19	(a) The commission shall provide for the development, maintenance, and utilization of a
20	coordinated database and reporting system containing licensure, adverse action, and investigative
21	information on all licensed individuals in member states.
22	(b) Notwithstanding any other provision of state law to the contrary, a member state shall
23	submit a uniform data set to the data system on all individuals to whom this compact is applicable
24	as required by the rules of the commission, including:
25	(1) Identifying information;
26	(2) Licensure data;
27	(3) Adverse actions against a license or compact privilege;
28	(4) Non-confidential information related to alternative program participation;
29	(5) Any denial of application for licensure, and the reason(s) for such denial; and
30	(6) Other information that may facilitate the administration of this compact, as determined by
31	the rules of the commission.
32	(c) Investigative information pertaining to a licensee in any member state will only be
33	available to other party states.
	LC003746 - Page 551 of 621
1	(d) The commission shall promptly notify all member states of any adverse action taken
2	against a licensee or an individual applying for a license. Adverse action information pertaining
3	to a licensee in any member state will be available to any other member state.
4	(e) Member states contributing information to the data system may designate information that
5	may not be shared with the public without the express permission of the contributing state.
6	(f) Any information submitted to the data system that is subsequently required to be
7	expunged by the laws of the member state contributing the information shall be removed from the
8	data system.
9	5-40-.2-10. Rulemaking.
10	(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in
11	this Section and the rules adopted thereunder. Rules and amendments shall become binding as of
12	the date specified in each rule or amendment.
13	(b) If a majority of the legislatures of the member states rejects a rule, by enactment of a
14	statute or resolution in the same manner used to adopt the compact within four years of the date
15	of adoption of the rule, then such rule shall have no further force and effect in any member state.
16	(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the
17	commission.
18	(d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least
19	thirty days in advance of the meeting at which the rule will be considered and voted upon, the
20	commission shall file a notice of proposed Rulemaking:
21	(1) On the website of the commission or other publicly accessible platform; and
22	(2) On the website of each member state physical therapy licensing board or other publicly
23	accessible platform or the publication in which each state would otherwise publish proposed
24	rules.
25	(e) The notice of proposed rulemaking shall include:
26	(1) The proposed time, date, and location of the meeting in which the rule will be considered
27	and voted upon;
28	(2) The text of the proposed rule or amendment and the reason for the proposed rule;
29	(3) A request for comments on the proposed rule from any interested person; and
30	(4) The manner in which interested persons may submit notice to the commission of their
31	intention to attend the public hearing and any written comments.
32	(f) Prior to adoption of a proposed rule, the commission shall allow persons to submit written
33	data, facts, opinions, and arguments, which shall be made available to the public.
	LC003746 - Page 552 of 621
1	(g) The commission shall grant an opportunity for a public hearing before it adopts a rule or
2	amendment if a hearing is requested by:
3	(1) At least twenty-five persons;
4	(2) A state or federal governmental subdivision or agency; or
5	(3) An association having at least twenty-five members.
6	(h) If a hearing is held on the proposed rule or amendment, the commission shall publish the
7	place, time, and date of the scheduled public hearing. If the hearing is held via electronic means,
8	the commission shall publish the mechanism for access to the electronic hearing.
9	(1) All persons wishing to be heard at the hearing shall notify the executive director of the
10	commission or other designated member in writing of their desire to appear and testify at the
11	hearing not less than five business days before the scheduled date of the hearing.
12	(2) Hearings shall be conducted in a manner providing each person who wishes to comment a
13	fair and reasonable opportunity to comment orally or in writing.
14	(3) All hearings will be recorded. A copy of the recording will be made available on request.
15	(4) Nothing in this section shall be construed as requiring a separate hearing on each rule.
16	Rules may be grouped for the convenience of the commission at hearings required by this section.
17	(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing
18	date if the hearing was not held, the commission shall consider all written and oral comments
19	received.
20	(j) If no written notice of intent to attend the public hearing by interested parties is received,
21	the commission may proceed with promulgation of the proposed rule without a public hearing.
22	(k) The commission shall, by majority vote of all members, take final action on the proposed
23	rule and shall determine the effective date of the rule, if any, based on the rulemaking record and
24	the full text of the rule.
25	(l) Upon determination that an emergency exists, the commission may consider and adopt an
26	emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual
27	rulemaking procedures provided in the compact and in this section shall be retroactively applied
28	to the rule as soon as reasonably possible, in no event later than ninety days after the effective
29	date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted
30	immediately in order to:
31	(1) Meet an imminent threat to public health, safety, or welfare;
32	(2) Prevent a loss of commission or member state funds;
33	(3) Meet a deadline for the promulgation of an administrative rule that is established by
34	federal law or rule; or
	LC003746 - Page 553 of 621
1	(4) Protect public health and safety.
2	(m) The commission or an authorized committee of the commission may direct revisions to a
3	previously adopted rule or amendment for purposes of correcting typographical errors, errors in
4	format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted
5	on the website of the commission. The revision shall be subject to challenge by any person for a
6	period of thirty days after posting. The revision may be challenged only on grounds that the
7	revision results in a material change to a rule. A challenge shall be made in writing and delivered
8	to the chair of the commission prior to the end of the notice period. If no challenge is made, the
9	revision will take effect without further action. If the revision is challenged, the revision may not
10	take effect without the approval of the Commission.
11	5-40-.2-11. Oversight, dispute resolution, and enforcement.
12	(a) The executive, legislative, and judicial branches of state government in each member state
13	shall enforce this compact and take all actions necessary and appropriate to effectuate the
14	compact’s purposes and intent. The provisions of this compact and the rules promulgated
15	hereunder shall have standing as statutory law.
16	(b) All courts shall take judicial notice of the compact and the rules in any judicial or
17	administrative proceeding in a member state pertaining to the subject matter of this compact
18	which may affect the powers, responsibilities or actions of the commission.
19	(c) The commission shall be entitled to receive service of process in any such proceeding and
20	shall have standing to intervene in such a proceeding for all purposes. Failure to provide service
21	of process to the commission shall render a judgment or order void as to the commission, this
22	compact, or promulgated rules.
23	(d) If the commission determines that a member state has defaulted in the performance of its
24	obligations or responsibilities under this compact or the promulgated rules, the commission shall:
25	(1) Provide written notice to the defaulting state and other member states of the nature of the
26	default, the proposed means of curing the default and/or any other action to be taken by the
27	commission; and
28	(2) Provide remedial training and specific technical assistance regarding the default.
29	(e) If a state in default fails to cure the default, the defaulting state may be terminated from
30	the compact upon an affirmative vote of a majority of the member states, and all rights, privileges
31	and benefits conferred by this compact may be terminated on the effective date of termination. A
32	cure of the default does not relieve the offending state of obligations or liabilities incurred during
33	the period of default.
	LC003746 - Page 554 of 621
1	(f) Termination of membership in the compact shall be imposed only after all other means of
2	securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given
3	by the commission to the governor, the majority and minority leaders of the defaulting state’s
4	legislature, and each of the member states.
5	(g) A state that has been terminated is responsible for all assessments, obligations, and
6	liabilities incurred through the effective date of termination, including obligations that extend
7	beyond the effective date of termination.
8	(h) The commission shall not bear any costs related to a state that is found to be in default or
9	that has been terminated from the compact, unless agreed upon in writing between the
10	commission and the defaulting state.
11	(i) The defaulting state may appeal the action of the commission by petitioning the U.S.
12	district court for the District of Columbia or the federal district where the commission has its
13	principal offices. The prevailing member shall be awarded all costs of such litigation, including
14	reasonable attorney’s fees.
15	(j) Upon request by a member state, the commission shall attempt to resolve disputes related
16	to the compact that arise among member states and between member and non-member states.
17	(k) The commission shall promulgate a rule providing for both mediation and binding dispute
18	resolution for disputes as appropriate.
19	(l) The commission, in the reasonable exercise of its discretion, shall enforce the provisions
20	and rules of this compact.
21	(m) By majority vote, the commission may initiate legal action in the United States district
22	court for the District of Columbia or the federal district where the commission has its principal
23	offices against a member state in default to enforce compliance with the provisions of the
24	compact and its promulgated rules and bylaws. The relief sought may include both injunctive
25	relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be
26	awarded all costs of such litigation, including reasonable attorney’s fees.
27	(n) The remedies herein shall not be the exclusive remedies of the commission. The
28	commission may pursue any other remedies available under federal or state law.
29	5-40-.2-12. Date of implementation of the interstate commission for physical therapy
30	practice and associated rules, withdrawal, and amendment
31	(a) The compact shall come into effect on the date on which the compact statute is enacted
32	into law in the tenth member state. The provisions, which become effective at that time, shall be
33	limited to the powers granted to the commission relating to assembly and the promulgation of
	LC003746 - Page 555 of 621
1	rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the
2	implementation and administration of the compact.
3	(b) Any state that joins the compact subsequent to the commission’s initial adoption of the
4	rules shall be subject to the rules as they exist on the date on which the compact becomes law in
5	that state. Any rule that has been previously adopted by the commission shall have the full force
6	and effect of law on the day the compact becomes law in that state.
7	(c) Any member state may withdraw from this compact by enacting a statute repealing the
8	same.
9	(1) A member state’s withdrawal shall not take effect until six months after enactment of the
10	repealing statute.
11	(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s
12	physical therapy licensing board to comply with the investigative and adverse action reporting
13	requirements of this act prior to the effective date of withdrawal.
14	(d) Nothing contained in this compact shall be construed to invalidate or prevent any physical
15	therapy licensure agreement or other cooperative arrangement between a member state and a non-
16	member state that does not conflict with the provisions of this compact.
17	(e) This compact may be amended by the member states. No amendment to this compact
18	shall become effective and binding upon any member state until it is enacted into the laws of all
19	member states.
20	5-40.2-13. Construction and severability
21	This compact shall be liberally construed so as to effectuate the purposes thereof. The
22	provisions of this compact shall be severable and if any phrase, clause, sentence or provision of
23	this compact is declared to be contrary to the constitution of any party state or of the United
24	States or the applicability thereof to any government, agency, person or circumstance is held
25	invalid, the validity of the remainder of this compact and the applicability thereof to any
26	government, agency, person or circumstance shall not be affected thereby. If this compact shall
27	be held contrary to the constitution of any party state, the compact shall remain in full force and
28	effect as to the remaining party states and in full force and effect as to the party state affected as
29	to all severable matters.
30	SECTION 7. Title 23 of the General Laws entitled “Health and Safety” is hereby amended by
31	adding thereto the following chapter:
32	CHAPTER 23-4.2
33	EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE
34	COMPACT.
	LC003746 - Page 556 of 621
1	23-4.2-1. Short title. – This chapter shall be known and may be cited as the Emergency
2	medical Services Personnel Licensure Interstate Compact.
3	23-4.2-2. Purpose. - In order to protect the public through verification of competency and
4	ensure accountability for patient care related activities all states license emergency medical
5	services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs and
6	paramedics. This Compact is intended to facilitate the day to day movement of EMS personnel
7	across state boundaries in the performance of their EMS duties as assigned by an appropriate
8	authority and authorize state EMS offices to afford immediate legal recognition to EMS
9	personnel licensed in a member state. This Compact recognizes that states have a vested interest
10	in protecting the public’s health and safety through their licensing and regulation of EMS
11	personnel and that such state regulation shared among the member states will best protect public
12	health and safety. This Compact is designed to achieve the following purposes and objectives:
13	(1) Increase public access to EMS personnel;
14	(2) Enhance the states’ ability to protect the public’s health and safety, especially patient
15	safety;
16	(3) Encourage the cooperation of member states in the areas of EMS personnel licensure and
17	regulation;
18	(4) Support licensing of military members who are separating from an active duty tour and
19	their spouses;
20	(5) Facilitate the exchange of information between member states regarding EMS personnel
21	licensure, adverse action and significant investigatory information
22	(6) Promote compliance with the laws governing EMS personnel practice in each member
23	state; and
24	(7) Invest all member states with the authority to hold EMS personnel accountable through
25	the mutual recognition of member state licenses.
26	23-4.2-3. Definitions.
27	(a) “Advanced emergency medical technician (AEMT)” means: an individual licensed with
28	cognitive knowledge and a scope of practice that corresponds to that level in the national EMS
29	education standards and national EMS scope of practice model.
30	(b) “Adverse action” means: any administrative, civil, equitable or criminal action permitted
31	by a state’s laws which may be imposed against licensed EMS personnel by a state EMS
32	authority or state court, including, but not limited to, actions against an individual’s license such
33	as revocation, suspension, probation, consent agreement, monitoring or other limitation or
	LC003746 - Page 557 of 621
1	encumbrance on the individual’s practice, letters of reprimand or admonition, fines, criminal
2	convictions and state court judgments enforcing adverse actions by the state EMS authority.
3	(c) “Alternative program” means: a voluntary, non-disciplinary substance abuse recovery
4	program approved by a state EMS authority.
5	(d) “Certification” means the successful verification of entry-level cognitive and
6	psychomotor competency using a reliable, validated, and legally defensible examination.
7	(e) “Commission” means the national administrative body of which all states that have
8	enacted the compact are members.
9	(f) “Emergency medical technician (EMT)” means: an individual licensed with cognitive
10	knowledge and a scope of practice that corresponds to that level in the national EMS education
11	standards and national EMS scope of practice model.
12	(g) “Home state” means a member state where an individual is licensed to practice
13	emergency medical services.
14	(h) “License” means the authorization by a state for an individual to practice as an EMT,
15	AEMT, paramedic, or a level in between EMT and paramedic.
16	(i) “Medical director” means: a physician licensed in a member state who is accountable for
17	the care delivered by EMS personnel.
18	(j) “Member state” means a state that has enacted this compact.
19	(k) “Privilege to practice” means: an individual’s authority to deliver emergency medical
20	services in remote states as authorized under this compact.
21	(l) “Paramedic” means an individual licensed with cognitive knowledge and a scope of
22	practice that corresponds to that level in the national EMS education standards and national EMS
23	scope of practice model.
24	(m) “Remote state” means a member state in which an individual is not licensed.
25	(n) “Restricted” means the outcome of an adverse action that limits a license or the privilege
26	to practice.
27	(o) “Rule” means a written statement by the interstate commission promulgated pursuant to
28	section 23-4.2-13 of this compact that is of general applicability; implements, interprets, or
29	prescribes a policy or provision of the compact; or is an organizational, procedural, or practice
30	requirement of the commission and has the force and effect of statutory law in a member state
31	and includes the amendment, repeal, or suspension of an existing rule.
32	(p) “Scope of practice” means defined parameters of various duties or services that may be
33	provided by an individual with specific credentials. Whether regulated by rule, statute, or court
34	decision, it tends to represent the limits of services an individual may perform.
	LC003746 - Page 558 of 621
1	(q) “Significant investigatory information” means:
2	(1) investigative information that a state EMS authority, after a preliminary inquiry that
3	includes notification and an opportunity to respond if required by state law, has reason to believe,
4	if proved true, would result in the imposition of an adverse action on a license or privilege to
5	practice; or
6	(2) investigative information that indicates that the individual represents an immediate threat
7	to public health and safety regardless of whether the individual has been notified and had an
8	opportunity to respond.
9	(r) “State” means means any state, commonwealth, district, or territory of the United
10	States.
11	(s) “State EMS authority” means: the board, office, or other agency with the legislative
12	mandate to license EMS personnel.
13	23-4.2-4– Home state licensure.
14	(a) Any member state in which an individual holds a current license shall be deemed a home
15	state for purposes of this compact.
16	(b) Any member state may require an individual to obtain and retain a license to be
17	authorized to practice in the member state under circumstances not authorized by the privilege to
18	practice under the terms of this compact.
19	(c) A home state’s license authorizes an individual to practice in a remote state under the
20	privilege to practice only if the home state:
21	(1) Currently requires the use of the national registry of emergency medical technicians
22	(NREMT) examination as a condition of issuing initial licenses at the EMT and paramedic levels;
23	(2) Has a mechanism in place for receiving and investigating complaints about individuals;
24	(3) Notifies the commission, in compliance with the terms herein, of any adverse action or
25	significant investigatory information regarding an individual;
26	(4) No later than five years after activation of the compact, requires a criminal background
27	check of all applicants for initial licensure, including the use of the results of fingerprint or other
28	biometric data checks compliant with the requirements of the Federal Bureau of Investigation
29	with the exception of federal employees who have suitability determination in accordance with
30	US CFR §731.202 and submit documentation of such as promulgated in the rules of the
31	commission; and
32	(5) Complies with the rules of the commission.
33	23-4.2-5– Compact privilege to practice.
	LC003746 - Page 559 of 621
1	(a) Member states shall recognize the privilege to practice of an individual licensed in another
2	member state that is in conformance with section 23-4.2-4.
3	(b) To exercise the privilege to practice under the terms and provisions of this compact, an
4	individual must:
5	(1) Be at least 18 years of age;
6	(2) Possess a current unrestricted license in a member state as an EMT, AEMT, paramedic, or
7	state recognized and licensed level with a scope of practice and authority between EMT and
8	paramedic; and
9	(3) Practice under the supervision of a medical director.
10	(c) An individual providing patient care in a remote state under the privilege to practice shall
11	function within the scope of practice authorized by the home state unless and until modified by an
12	appropriate authority in the remote state as may be defined in the rules of the commission.
13	(d) Except as provided in this subsection, an individual practicing in a remote state will be
14	subject to the remote state’s authority and laws. A remote state may, in accordance with due
15	process and that state’s laws, restrict, suspend, or revoke an individual’s privilege to practice in
16	the remote state and may take any other necessary actions to protect the health and safety of its
17	citizens. If a remote state takes action it shall promptly notify the home state and the Commission.
18	(e) If an individual’s license in any home state is restricted or suspended, the individual shall
19	not be eligible to practice in a remote state under the privilege to practice until the individual’s
20	home state license is restored.
21	(f) If an individual’s privilege to practice in any remote state is restricted, suspended, or
22	revoked the individual shall not be eligible to practice in any remote state until the individual’s
23	privilege to practice is restored.
24	23-4.2-6– Conditions of practice in a remote site.
25	An individual may practice in a remote state under a privilege to practice only in the
26	performance of the individual’s EMS duties as assigned by an appropriate authority, as defined in
27	the rules of the Commission, and under the following circumstances:
28	(1) The individual originates a patient transport in a home state and transports the patient to a
29	remote state;
30	(2) The individual originates in the home state and enters a remote state to pick up a patient
31	and provide care and transport of the patient to the home state;
32	(3) The individual enters a remote state to provide patient care and/or transport within that
33	remote state;
	LC003746 - Page 560 of 621
1	(4) The individual enters a remote state to pick up a patient and provide care and transport to
2	a third member state;
3	(5) Other conditions as determined in the rules.
4	23-4.2-7 – Relationship to emergency management assistance compact.
5	Upon a member state’s governor’s declaration of a state of emergency or disaster that
6	activates the emergency management assistance compact (EMAC), all relevant terms and
7	provisions of EMAC shall apply and to the extent any terms or provisions of this compact
8	conflicts with EMAC, the terms of EMAC shall prevail with respect to any individual practicing
9	in the remote state in response to such declaration.
10	23-4.2-8– Veterans, service members separating from active duty military, and their
11	spouses.
12	Member states shall consider a veteran, active military service member, and member of the
13	national guard and reserves separating from an active duty tour, and a spouse thereof, who holds a
14	current valid and unrestricted NREMT certification at or above the level of the state license being
15	sought as satisfying the minimum training and examination requirements for such licensure.
16	(b) Member states shall expedite the processing of licensure applications submitted by
17	veterans, active military service members, and members of the national guard and reserves
18	separating from an active duty tour, and their spouses.
19	(c) All individuals functioning with a privilege to practice under this section remain subject to
20	the adverse actions provisions of section 23-4.2-9.
21	23-4.2-9– Adverse actions.
22	A home state shall have exclusive power to impose adverse action against an individual’s
23	license issued by the home state.
24	(b) If an individual’s license in any home state is restricted or suspended, the individual shall
25	not be eligible to practice in a remote state under the privilege to practice until the individual’s
26	home state license is restored.
27	(1) All home state adverse action orders shall include a statement that the individual’s
28	compact privileges are inactive. The order may allow the individual to practice in remote states
29	with prior written authorization from both the home state and remote state’s EMS authority.
30	(2) An individual currently subject to adverse action in the home state shall not practice in
31	any remote state without prior written authorization from both the home state and remote state’s
32	EMS authority.
	LC003746 - Page 561 of 621
1	(3) A member state shall report adverse actions and any occurrences that the individual’s
2	compact privileges are restricted, suspended, or revoked to the commission in accordance with
3	the rules.
4	(4) A remote state may take adverse action on an individual’s privilege to practice within that
5	state.
6	(5) Any member state may take adverse action against an individual’s privilege to practice in
7	that state based on the factual findings of another member state, so long as each state follows its
8	own procedures for imposing such adverse action.
9	(c) A home state’s EMS authority shall investigate and take appropriate action with respect
10	to reported conduct in a remote state as it would if such conduct had occurred within the home
11	state. In such cases, the home state’s law shall control in determining the appropriate adverse
12	action.
13	(d) Nothing in this compact shall override a member state’s decision that participation in an
14	alternative program may be used in lieu of adverse action and that such participation shall remain
15	non-public if required by the member state’s laws. Member states must require individuals who
16	enter any alternative programs to agree not to practice in any other member state during the term
17	of the alternative program without prior authorization from such other member state.
18	23-4.2-10- Additional powers invested in a member state’s emergency medical services
19	authority.
20	A member state’s EMS authority, in addition to any other powers granted under state law, is
21	authorized under this compact to:
22	(1) Issue subpoenas for both hearings and investigations that require the attendance and
23	testimony of witnesses and the production of evidence. Subpoenas issued by a member state’s
24	EMS authority for the attendance and testimony of witnesses, and/or the production of evidence
25	from another member state, shall be enforced in the remote state by any court of competent
26	jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in
27	its own proceedings. The issuing state EMS authority shall pay any witness fees, travel expenses,
28	mileage, and other fees required by the service statutes of the state where the witnesses and/or
29	evidence are located; and
30	(2) Issue cease and desist orders to restrict, suspend, or revoke an individual’s privilege to
31	practice in the state.
32	23-4.2-11– Establishment of the interstate commission for emergency medical personnel
33	practice.
	LC003746 - Page 562 of 621
1	(a) The compact states hereby create and establish a joint public agency known as the
2	interstate commission for EMS personnel practice.
3	(1) The commission is a body politic and an instrumentality of the compact states.
4	(2) Venue is proper and judicial proceedings by or against the commission shall be brought
5	solely and exclusively in a court of competent jurisdiction where the principal office of the
6	commission is located. The commission may waive venue and jurisdictional defenses to the
7	extent it adopts or consents to participate in alternative dispute resolution proceedings.
8	(3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
9	(b) Membership, voting, and meetings
10	(1) Each member state shall have and be limited to one delegate. The responsible official of
11	the state EMS authority or his designee shall be the delegate to this compact for each member
12	state. Any delegate may be removed or suspended from office as provided by the law of the state
13	from which the delegate is appointed. Any vacancy occurring in the commission shall be filled in
14	accordance with the laws of the member state in which the vacancy exists. In the event that more
15	than one board, office, or other agency with the legislative mandate to license EMS personnel at
16	and above the level of EMT exists, the governor of the state will determine which entity will be
17	responsible for assigning the delegate.
18	(2) Each delegate shall be entitled to one vote with regard to the promulgation of rules and
19	creation of bylaws and shall otherwise have an opportunity to participate in the business and
20	affairs of the commission. A delegate shall vote in person or by such other means as provided in
21	the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or
22	other means of communication.
23	(3) The commission shall meet at least once during each calendar year. Additional meetings
24	shall be held as set forth in the bylaws.
25	(4) All meetings shall be open to the public, and public notice of meetings shall be given in
26	the same manner as required under Chapter 35 of Title 42.
27	(5) The commission may convene in a closed, non-public meeting if the Commission must
28	discuss:
29	(i) Non-compliance of a member state with its obligations under the compact;
30	(ii) The employment, compensation, discipline or other personnel matters, practices or
31	procedures related to specific employees or other matters related to the commission’s internal
32	personnel practices and procedures;
33	(iii) Current, threatened, or reasonably anticipated litigation;
34	(iv) Negotiation of contracts for the purchase or sale of goods, services, or real estate;
	LC003746 - Page 563 of 621
1	(v) Accusing any person of a crime or formally censuring any person;
2	(vi) Disclosure of trade secrets or commercial or financial information that is privileged or
3	confidential;
4	(vii)Disclosure of information of a personal nature where disclosure would constitute a
5	clearly unwarranted invasion of personal privacy;
6	(viii) Disclosure of investigatory records compiled for law enforcement purposes;
7	(ix) Disclosure of information related to any investigatory reports prepared by or on behalf of
8	or for use of the commission or other committee charged with responsibility of investigation or
9	determination of compliance issues pursuant to the compact; or
10	(x) Matters specifically exempted from disclosure by federal or member state statute.
11	(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the
12	commission’s legal counsel or designee shall certify that the meeting may be closed and shall
13	reference each relevant exempting provision. The commission shall keep minutes that fully and
14	clearly describe all matters discussed in a meeting and shall provide a full and accurate summary
15	of actions taken, and the reasons therefore, including a description of the views expressed. All
16	documents considered in connection with an action shall be identified in such minutes. All
17	minutes and documents of a closed meeting shall remain under seal, subject to release by a
18	majority vote of the commission or order of a court of competent jurisdiction.
19	(c) The commission shall, by a majority vote of the delegates, prescribe bylaws and/or rules
20	to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise
21	the powers of the compact, including but not limited to:
22	(1) Establishing the fiscal year of the commission;
23	(2) Providing reasonable standards and procedures:
24	(3) for the establishment and meetings of other committees; and
25	(4) governing any general or specific delegation of any authority or function of the
26	commission;
27	(5) Providing reasonable procedures for calling and conducting meetings of the commission,
28	ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance
29	of such meetings by interested parties, with enumerated exceptions designed to protect the
30	public’s interest, the privacy of individuals, and proprietary information, including trade secrets.
31	The commission may meet in closed session only after a majority of the membership votes to
32	close a meeting in whole or in part. As soon as practicable, the commission must make public a
33	copy of the vote to close the meeting revealing the vote of each member with no proxy votes
34	allowed;
	LC003746 - Page 564 of 621
1	(6) Establishing the titles, duties and authority, and reasonable procedures for the election of
2	the officers of the commission;
3	(7) Providing reasonable standards and procedures for the establishment of the personnel
4	policies and programs of the commission. Notwithstanding any civil service or other similar laws
5	of any member state, the bylaws shall exclusively govern the personnel policies and programs of
6	the commission;
7	(8) Promulgating a code of ethics to address permissible and prohibited activities of
8	commission members and employees;
9	(9) Providing a mechanism for winding up the operations of the commission and the
10	equitable disposition of any surplus funds that may exist after the termination of the compact after
11	the payment and/or reserving of all of its debts and obligations;
12	(10) The commission shall publish its bylaws and file a copy thereof, and a copy of any
13	amendment thereto, with the appropriate agency or officer in each of the member states, if any.
14	(11) The commission shall maintain its financial records in accordance with the bylaws.
15	(12) The commission shall meet and take such actions as are consistent with the provisions of
16	this compact and the bylaws.
17	(d) The commission shall have the following powers:
18	(1) The authority to promulgate uniform rules to facilitate and coordinate implementation and
19	administration of this compact. The rules shall have the force and effect of law and shall be
20	binding in all member states;
21	(2) To bring and prosecute legal proceedings or actions in the name of the commission,
22	provided that the standing of any state EMS authority or other regulatory body responsible for
23	EMS personnel licensure to sue or be sued under applicable law shall not be affected;
24	(3) To purchase and maintain insurance and bonds;
25	(4) To borrow, accept, or contract for services of personnel, including, but not limited to,
26	employees of a member state;
27	(5) To hire employees, elect or appoint officers, fix compensation, define duties, grant such
28	individuals appropriate authority to carry out the purposes of the compact, and to establish the
29	commission’s personnel policies and programs relating to conflicts of interest, qualifications of
30	personnel, and other related personnel matters;
31	(6) To accept any and all appropriate donations and grants of money, equipment, supplies,
32	materials and services, and to receive, utilize and dispose of the same; provided that at all times
33	the commission shall strive to avoid any appearance of impropriety and/or conflict of interest;
	LC003746 - Page 565 of 621
1	(7) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,
2	improve or use, any property, real, personal or mixed; provided that at all times the Commission
3	shall strive to avoid any appearance of impropriety;
4	(8) To sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any
5	property real, personal, or mixed;
6	(9) To establish a budget and make expenditures;
7	(10) To borrow money;
8	(11) To appoint committees, including advisory committees comprised of members, state
9	regulators, state legislators or their representatives, and consumer representatives, and such other
10	interested persons as may be designated in this compact and the bylaws;
11	(12) To provide and receive information from, and to cooperate with, law enforcement
12	agencies;
13	(13) To adopt and use an official seal; and
14	(14) To perform such other functions as may be necessary or appropriate to achieve the
15	purposes of this compact consistent with the state regulation of EMS personnel licensure and
16	practice.
17	(e) Financing of the commission
18	(1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its
19	establishment, organization, and ongoing activities.
20	(2) The commission may accept any and all appropriate revenue sources, donations, and
21	grants of money, equipment, supplies, materials, and services.
22	(3) The commission may levy on and collect an annual assessment from each member state or
23	impose fees on other parties to cover the cost of the operations and activities of the commission
24	and its staff, which must be in a total amount sufficient to cover its annual budget as approved
25	each year for which revenue is not provided by other sources. The aggregate annual assessment
26	amount shall be allocated based upon a formula to be determined by the commission, which shall
27	promulgate a rule binding upon all member states.
28	(4) The commission shall not incur obligations of any kind prior to securing the funds
29	adequate to meet the same; nor shall the commission pledge the credit of any of the member
30	states, except by and with the authority of the member state.
31	(5) The commission shall keep accurate accounts of all receipts and disbursements. The
32	receipts and disbursements of the commission shall be subject to the audit and accounting
33	procedures established under its bylaws. However, all receipts and disbursements of funds
34	handled by the commission shall be audited yearly by a certified or licensed public accountant,
	LC003746 - Page 566 of 621
1	and the report of the audit shall be included in and become part of the annual report of the
2	commission.
3	(f) Qualified immunity, defense, and indemnification
4	(1) The members, officers, executive director, employees and representatives of the
5	Commission shall be immune from suit and liability, either personally or in their official capacity,
6	for any claim for damage to or loss of property or personal injury or other civil liability caused by
7	or arising out of any actual or alleged act, error or omission that occurred, or that the person
8	against whom the claim is made had a reasonable basis for believing occurred within the scope of
9	commission employment, duties or responsibilities; provided that nothing in this paragraph shall
10	be construed to protect any such person from suit and/or liability for any damage, loss, injury, or
11	liability caused by the intentional or willful or wanton misconduct of that person.
12	(2) The commission shall defend any member, officer, executive director, employee or
13	representative of the commission in any civil action seeking to impose liability arising out of any
14	actual or alleged act, error, or omission that occurred within the scope of commission
15	employment, duties, or responsibilities, or that the person against whom the claim is made had a
16	reasonable basis for believing occurred within the scope of commission employment, duties, or
17	responsibilities; provided that nothing herein shall be construed to prohibit that person from
18	retaining his or her own counsel; and provided further, that the actual or alleged act, error, or
19	omission did not result from that person’s intentional or willful or wanton misconduct.
20	(3) The commission shall indemnify and hold harmless any member, officer, executive
21	director, employee, or representative of the commission for the amount of any settlement or
22	judgment obtained against that person arising out of any actual or alleged act, error or omission
23	that occurred within the scope of commission employment, duties, or responsibilities, or that such
24	person had a reasonable basis for believing occurred within the scope of commission
25	employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission
26	did not result from the intentional or willful or wanton misconduct of that person.
27	23-4.2-12 Coordinated database.
28	(a) The commission shall provide for the development and maintenance of a coordinated
29	database and reporting system containing licensure, adverse action, and significant investigatory
30	information on all licensed individuals in member states.
31	(b) Notwithstanding any other provision of state law to the contrary, a member state shall
32	submit a uniform data set to the coordinated database on all individuals to whom this compact is
33	applicable as required by the rules of the commission, including:
34	(1) Identifying information;
	LC003746 - Page 567 of 621
1	(2) Licensure data;
2	(3) Significant investigatory information;
3	(4) Adverse actions against an individual’s license;
4	(5) An indicator that an individual’s privilege to practice is restricted, suspended or revoked;
5	(6) Non-confidential information related to alternative program participation;
6	(7) Any denial of application for licensure, and the reason(s) for such denial; and
7	(8) Other information that may facilitate the administration of this Compact, as determined by
8	the rules of the commission.
9	(c) The coordinated database administrator shall promptly notify all member states of any
10	adverse action taken against, or significant investigative information on, any individual in a
11	member state.
12	(d) Member states contributing information to the coordinated database may designate
13	information that may not be shared with the public without the express permission of the
14	contributing state.
15	(e) Any information submitted to the coordinated database that is subsequently required to be
16	expunged by the laws of the member state contributing the information shall be removed from the
17	coordinated database.
18	23-4.2-13– Rulemaking.
19	The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this
20	Section and the rules adopted thereunder. As well as Chapter 35 of Title 42. Rules and
21	amendments shall become binding as of the date specified in each rule or amendment.
22	(b) If a majority of the legislatures of the member states rejects a rule, by enactment of a
23	statute or resolution in the same manner used to adopt the compact, then such rule shall have no
24	further force and effect in any member state.
25	(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the
26	commission.
27	(d) Prior to promulgation and adoption of a final rule or rules by the commission, and at least
28	sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the
29	commission shall file a notice of proposed rulemaking:
30	(1) On the website of the commission; and
31	(2) On the website of each member state EMS authority or the publication in which each state
32	would otherwise publish proposed rules.
33	(e) The notice of proposed rulemaking shall include:
	LC003746 - Page 568 of 621
1	(1) The proposed time, date, and location of the meeting in which the rule will be considered
2	and voted upon;
3	(2) The text of the proposed rule or amendment and the reason for the proposed rule;
4	(3) A request for comments on the proposed rule from any interested person; and
5	(4) The manner in which interested persons may submit notice to the commission of their
6	intention to attend the public hearing and any written comments.
7	(f) Prior to adoption of a proposed rule, the commission shall allow persons to submit written
8	data, facts, opinions, and arguments, which shall be made available to the public.
9	(g)The commission shall grant an opportunity for a public hearing before it adopts a rule or
10	amendment if a hearing is requested by:
11	(1) At least twenty-five (25) persons;
12	(2) A governmental subdivision or agency; or
13	(3) An association having at least twenty-five (25) members.
14	(h) a hearing is held on the proposed rule or amendment, the commission shall publish the
15	place, time, and date of the scheduled public hearing.
16	(1) All persons wishing to be heard at the hearing shall notify the executive director of the
17	commission or other designated member in writing of their desire to appear and testify at the
18	hearing not less than five business days before the scheduled date of the hearing.
19	(2) Hearings shall be conducted in a manner providing each person who wishes to comment a
20	fair and reasonable opportunity to comment orally or in writing.
21	(3) No transcript of the hearing is required, unless a written request for a transcript is made, in
22	which case the person requesting the transcript shall bear the cost of producing the transcript. A
23	recording may be made in lieu of a transcript under the same terms and conditions as a transcript.
24	This subsection shall not preclude the commission from making a transcript or recording of the
25	hearing if it so chooses.
26	(4) Nothing in this section shall be construed as requiring a separate hearing on each rule.
27	Rules may be grouped for the convenience of the commission at hearings required by this section.
28	(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing
29	date if the hearing was not held, the commission shall consider all written and oral comments
30	received.
31	(j) The commission shall, by majority vote of all members, take final action on the proposed
32	rule and shall determine the effective date of the rule, if any, based on the rulemaking record and
33	the full text of the rule.
	LC003746 - Page 569 of 621
1	(k) If no written notice of intent to attend the public hearing by interested parties is received,
2	the commission may proceed with promulgation of the proposed rule without a public hearing.
3	(l) Upon determination that an emergency exists, the commission may consider and adopt an
4	emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual
5	rulemaking procedures provided in the compact and in this section shall be retroactively applied
6	to the rule as soon as reasonably possible, in no event later than ninety (90) days after the
7	effective date of the rule. For the purposes of this provision, an emergency rule is one that must
8	be adopted immediately in order to:
9	(1) Meet an imminent threat to public health, safety, or welfare;
10	(2) Prevent a loss of commission or member state funds;
11	(3) Meet a deadline for the promulgation of an administrative rule that is established by
12	federal law or rule; or
13	(4) Protect public health and safety.
14	(m) The commission or an authorized committee of the Commission may direct revisions to a
15	previously adopted rule or amendment for purposes of correcting typographical errors, errors in
16	format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted
17	on the website of the commission. The revision shall be subject to challenge by any person for a
18	period of thirty days after posting. The revision may be challenged only on grounds that the
19	revision results in a material change to a rule. A challenge shall be made in writing and delivered
20	to the chair of the commission prior to the end of the notice period. If no challenge is made, the
21	revision will take effect without further action. If the revision is challenged, the revision may not
22	take effect without the approval of the commission.
23	23-4.2-14– Oversight, dispute resolution, and enforcement.
24	(a) Oversight
25	(1) The executive, legislative, and judicial branches of state government in each member state
26	shall enforce this compact and take all actions necessary and appropriate to effectuate the
27	compact’s purposes and intent. The provisions of this compact and the rules promulgated
28	hereunder shall have standing as statutory law.
29	(2) All courts shall take judicial notice of the compact and the rules in any judicial or
30	administrative proceeding in a member state pertaining to the subject matter of this compact
31	which may affect the powers, responsibilities or actions of the commission.
32	(b) The Commission shall be entitled to receive service of process in any such proceeding and
33	shall have standing to intervene in such a proceeding for all purposes. Failure to provide service
	LC003746 - Page 570 of 621
1	of process to the commission shall render a judgment or order void as to the commission, this
2	compact, or promulgated rules.
3	(c) Default, technical assistance, and termination
4	(1) If the commission determines that a member state has defaulted in the performance of its
5	obligations or responsibilities under this compact or the promulgated rules, the commission shall:
6	(i) Provide written notice to the defaulting state and other member states of the nature of the
7	default, the proposed means of curing the default and/or any other action to be taken by the
8	commission; and
9	(ii) Provide remedial training and specific technical assistance regarding the default.
10	(iii) If a state in default fails to cure the default, the defaulting state may be terminated from
11	the compact upon an affirmative vote of a majority of the member states, and all rights, privileges
12	and benefits conferred by this compact may be terminated on the effective date of termination. A
13	cure of the default does not relieve the offending state of obligations or liabilities incurred during
14	the period of default.
15	(iv) Termination of membership in the compact shall be imposed only after all other means of
16	securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given
17	by the commission to the governor, the majority and minority leaders of the defaulting state’s
18	legislature, and each of the member states.
19	(2) A state that has been terminated is responsible for all assessments, obligations, and
20	liabilities incurred through the effective date of termination, including obligations that extend
21	beyond the effective date of termination.
22	(3) The commission shall not bear any costs related to a state that is found to be in default or
23	that has been terminated from the compact, unless agreed upon in writing between the
24	commission and the defaulting state.
25	(4) The defaulting state may appeal the action of the commission by petitioning the U.S.
26	district court for the District of Columbia or the federal district where the commission has its
27	principal offices. The prevailing member shall be awarded all costs of such litigation, including
28	reasonable attorney’s fees.
29	(d) Dispute resolution
30	(1) Upon request by a member state, the commission shall attempt to resolve disputes related
31	to the compact that arise among member states and between member and non-member states.
32	(2) The commission shall promulgate a rule providing for both mediation and binding dispute
33	resolution for disputes as appropriate.
34	(e) Enforcement
	LC003746 - Page 571 of 621
1	(1) The commission, in the reasonable exercise of its discretion, shall enforce the provisions
2	and rules of this compact.
3	(2) By majority vote, the commission may initiate legal action in the United States district
4	court for the District of Columbia or the federal district where the commission has its principal
5	offices against a member state in default to enforce compliance with the provisions of the
6	compact and its promulgated rules and bylaws. The relief sought may include both injunctive
7	relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be
8	awarded all costs of such litigation, including reasonable attorney’s fees.
9	(3) The remedies herein shall not be the exclusive remedies of the commission. The
10	commission may pursue any other remedies available under federal or state law.
11	23-4.2-15– Date of implementation of the interstate compact commission for emergency
12	medical personnel practice and associated rules, withdrawal, and amendment.
13	The compact shall come into effect on the date on which the compact statute is enacted into law
14	in the tenth member state. The provisions, which become effective at that time, shall be limited
15	to the powers granted to the commission relating to assembly and the promulgation of rules.
16	Thereafter, the commission shall meet and exercise rulemaking powers necessary to the
17	implementation and administration of the compact.
18	(b) Any state that joins the compact subsequent to the commission’s initial adoption of the
19	rules shall be subject to the rules as they exist on the date on which the compact becomes law in
20	that state. Any rule that has been previously adopted by the commission shall have the full force
21	and effect of law on the day the compact becomes law in that state.
22	(c) Any member state may withdraw from this compact by enacting a statute repealing the
23	same.
24	(1) A member state’s withdrawal shall not take effect until six (6) months after enactment of
25	the repealing statute.
26	(2) Withdrawal shall not affect the continuing requirement of the withdrawing state’s EMS
27	authority to comply with the investigative and adverse action reporting requirements of this act
28	prior to the effective date of withdrawal.
29	(d) Nothing contained in this compact shall be construed to invalidate or prevent any EMS
30	personnel licensure agreement or other cooperative arrangement between a member state and a
31	non-member state that does not conflict with the provisions of this compact.
32	(e) This compact may be amended by the member states. No amendment to this compact
33	shall become effective and binding upon any member state until it is enacted into the laws of all
34	member states.
	LC003746 - Page 572 of 621
1	23-4.2-16– Construction and severability.
2	This compact shall be liberally construed so as to effectuate the purposes thereof. If this compact
3	shall be held contrary to the constitution of any state member thereto, the compact shall remain in
4	full force and effect as to the remaining member states. Nothing in this compact supersedes state
5	law or rules related to licensure of EMS agencies.
6	SECTION 8: Sections 27-18.5-3, 27-18.5-4, 27-18.5-5, 27-18.5-6 and 27-18.5-10 of the
7	General Laws in Chapter 27-18.5 entitled "Individual Health Insurance Coverage" are hereby
8	amended to read as follows:
9	27-18.5-3. Guaranteed availability to certain individuals.
10	(a) Notwithstanding any of the provisions of this title to the contrary Subject to subsections
11	(b) through (i) of this section, all health insurance carriers that offer health insurance coverage in
12	the individual market in this state shall provide for the guaranteed availability of coverage to any
13	eligible applicant. to an eligible individual or an individual who has had health insurance
14	coverage, including coverage in the individual market, or coverage under a group health plan or
15	coverage under 5 U.S.C. § 8901 et seq. and had that coverage continuously for at least twelve
16	(12) consecutive months and who applies for coverage in the individual market no later than
17	sixty-three (63) days following termination of the coverage, desiring to enroll in individual health
18	insurance coverage, and who is not eligible for coverage under a group health plan, part A or part
19	B or title XVIII of the Social Security Act, 42 U.S.C. § 1395c et seq. or 42 U.S.C. § 1395j et seq.,
20	or any state plan under title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (or any
21	successor program) and does not have other health insurance coverage (provided, that eligibility
22	for the other coverage shall not disqualify an individual with twelve (12) months of consecutive
23	coverage if that individual applies for coverage in the individual market for the primary purpose
24	of obtaining coverage for a specific pre-existing condition, and the other available coverage
25	excludes coverage for that pre-existing condition) and For the purposes of this section, an
26	“eligible applicant” means any individual resident of this state. A carrier offering health insurance
27	coverage in the individual market must offer to any eligible applicant in the state all health
28	insurance coverage plans of that carrier that are approved for sale in the individual market and
29	must accept any eligible applicant that applies for coverage under those plans. A carrier may not:
30	(1) Decline to offer the coverage to, or deny enrollment of, the individual; or
31	(2) Impose any preexisting condition exclusion with respect to the coverage.
32	(b)(1) All health insurance carriers that offer health insurance coverage in the individual
33	market in this state shall offer all policy forms of health insurance coverage to all eligible
34	applicants. Provided, a carrier may offer plans with reduced cost sharing for qualifying eligible
	LC003746 - Page 573 of 621
1	applicants, based on available federal funds including those described by 42 U.S.C. § 18071, or
2	based on a program established with state funds. Provided, the carrier may elect to limit the
3	coverage offered so long as it offers at least two (2) different policy forms of health insurance
4	coverage (policy forms which have different cost-sharing arrangements or different riders shall be
5	considered to be different policy forms) both of which:
6	(i) Are designed for, made generally available to, and actively market to, and enroll both
7	eligible and other individuals by the carrier; and
8	(ii) Meet the requirements of subparagraph (A) or (B) of this paragraph as elected by the
9	carrier:
10	(A) If the carrier offers the policy forms with the largest, and next to the largest, premium volume
11	of all the policy forms offered by the carrier in this state; or
12	(B) If the carrier offers a choice of two (2) policy forms with representative coverage,
13	consisting of a lower-level coverage policy form and a higher-level coverage policy form each of
14	which includes benefits substantially similar to other individual health insurance coverage offered
15	by the carrier in this state and each of which is covered under a method that provides for risk
16	adjustment, risk spreading, or financial subsidization.
17	(2) For the purposes of this subsection, "lower-level coverage" means a policy form for which
18	the actuarial value of the benefits under the coverage is at least eighty-five percent (85%) but not
19	greater than one hundred percent (100%) of the policy form weighted average.
20	(3) For the purposes of this subsection, "higher-level coverage" means a policy form for
21	which the actuarial value of the benefits under the coverage is at least fifteen percent (15%)
22	greater than the actuarial value of lower-level coverage offered by the carrier in this state, and the
23	actuarial value of the benefits under the coverage is at least one hundred percent (100%) but not
24	greater than one hundred twenty percent (120%) of the policy form weighted average.
25	(4) For the purposes of this subsection, "policy form weighted average" means the
26	average actuarial value of the benefits provided by all the health insurance coverage issued (as
27	elected by the carrier) either by that carrier or, if the data are available, by all carriers in this state
28	in the individual market during the previous year (not including coverage issued under this
29	subsection), weighted by enrollment for the different coverage. The actuarial value of benefits
30	shall be calculated based on a standardized population and a set of standardized utilization and
31	cost factors.
32	(5) The carrier elections under this subsection shall apply uniformly to all eligible
33	individuals in this state for that carrier. The election shall be effective for policies offered during a
34	period of not shorter than two years.
	LC003746 - Page 574 of 621
1	(c)(1) A carrier may deny health insurance coverage in the individual market to an eligible
2	individual applicant if the carrier has demonstrated to the director commissioner that:
3	(i) It does not have the financial reserves necessary to underwrite additional coverage; and
4	(ii) It is applying this subsection uniformly to all individuals in the individual market in this
5	state consistent with applicable state law and without regard to any health status-related factor of
6	the individuals. without regard to whether the individuals are eligible individuals.
7	(2) A carrier upon denying individual health insurance coverage in this state in accordance
8	with this subsection may not offer that coverage in the individual market in this state for a period
9	of one hundred eighty (180) days after the date the coverage is denied or until the carrier has
10	demonstrated to the director commissioner that the carrier has sufficient financial reserves to
11	underwrite additional coverage, whichever is later.
12	(d) Nothing in this section shall be construed to require that a carrier offering health insurance
13	coverage only in connection with group health plans or through one or more bona fide
14	associations, or both, offer health insurance coverage in the individual market.
15	(e) A carrier offering health insurance coverage in connection with group health plans under
16	this title shall not be deemed to be a health insurance carrier offering individual health insurance
17	coverage solely because the carrier offers a conversion policy.
18	(f) Except for any high risk pool rating rules to be established by the Office of the Health
19	Insurance Commissioner (OHIC) as described in this section, nothing in this section shall be
20	construed to create additional restrictions on the amount of premium rates that a carrier may
21	charge an individual for health insurance coverage provided in the individual market; or to
22	prevent a health insurance carrier offering health insurance coverage in the individual market
23	from establishing premium rates or modifying applicable copayments or deductibles in return for
24	adherence to programs of health promotion and disease prevention.
25	(g) OHIC may pursue federal funding in support of the development of a high-risk pool for
26	the individual market, as defined in § 27-18.5-2, contingent upon a thorough assessment of any
27	financial obligation of the state related to the receipt of said federal funding being presented to,
28	and approved by, the general assembly by passage of concurrent general assembly resolution. The
29	components of the high-risk pool program, including, but not limited to, rating rules, eligibility
30	requirements and administrative processes, shall be designed in accordance with § 2745 of the
31	Public Health Service Act (42 U.S.C. § 300gg-45) also known as the State High Risk Pool
32	Funding Extension Act of 2006 and defined in regulations promulgated by the office of the health
33	insurance commissioner on or before October 1, 2007.
34	(h)(1) In the case of a health insurance carrier that offers health insurance coverage in the
	LC003746 - Page 575 of 621
1	individual market through a network plan, the carrier may limit the individuals who may be
2	enrolled under that coverage to those who live, reside, or work within the service areas for the
3	network plan; and within the service areas of the plan, deny coverage to individuals if the carrier
4	has demonstrated to the commissioner that:
5	(i) It will not have the capacity to deliver services adequately to additional individual
6	enrollees because of its obligations to existing group contract holders and enrollees and individual
7	enrollees; and
8	(ii) It is applying this subsection uniformly to individuals without regard to any health status-
9	related factor of the individuals. and without regard to whether the individuals are eligible
10	individuals.
11	(2) Upon denying health insurance coverage in any service area in accordance with the terms
12	of this subsection, a carrier may not offer coverage in the individual market within the service
13	area for a period of one hundred eighty (180) days after the coverage is denied.
14	(i) A carrier may restrict the period during which an eligible applicant may enroll for
15	coverage under (x) an open enrollment period to be established by the commissioner and held
16	annually for a period of between thirty (30) and sixty (60) days, and (y) special enrollment periods
17	as established in accordance with the version of 45 C.F.R. § 147.104 in effect on January 1, 2020.
18	27-18.5-4. Continuation of coverage – Renewability.
19	(a) A health insurance carrier that provides individual health insurance coverage to an
20	individual in this state shall renew or continue in force that coverage at the option of the
21	individual.
22	(b) A health insurance carrier may nonrenew non-renew or discontinue health insurance
23	coverage of an individual in the individual market based only on one or more of the following:
24	(1) The individual has failed to pay premiums or contributions in accordance with the terms
25	of the health insurance coverage, or the carrier has not received including terms relating to timely
26	premium payments;
27	(2) The individual has performed an act or practice that constitutes fraud or made an
28	intentional misrepresentation of material fact under the terms of the coverage;
29	(3) The carrier is ceasing to offer coverage in accordance with subsections (c) and (d) of this
30	section;
31	(4) In the case of a carrier that offers health insurance coverage in the market through a
32	network plan, the individual no longer resides, lives, or works in the service area (or in an area for
33	which the carrier is authorized to do business) but only if the coverage is terminated uniformly
34	without regard to any health status-related factor of covered individuals; or
	LC003746 - Page 576 of 621
1	(5) In the case of health insurance coverage that is made available in the individual
2	market only through one or more bona fide associations, the membership of the individual in the
3	association (on the basis of which the coverage is provided) ceases but only if the coverage is
4	terminated uniformly and without regard to any health status-related factor of covered individuals.
5	(c) In any case in which a carrier decides to discontinue offering a particular type of
6	health insurance coverage offered in the individual market, coverage of that type may be
7	discontinued only if:
8	(1) The carrier provides notice, to each covered individual provided coverage of this type
9	in the market, of the discontinuation at least ninety (90) days prior to the date of discontinuation
10	of the coverage;
11	(2) The carrier offers to each individual in the individual market provided coverage of
12	this type, the opportunity to purchase any other individual health insurance coverage currently
13	being offered by the carrier for individuals in the market; and
14	(3) In exercising this option to discontinue coverage of this type and in offering the
15	option of coverage under subdivision (2) of this subsection, the carrier acts uniformly without
16	regard to any health status- related factor of enrolled individuals or individuals who may become
17	eligible for the coverage.
18	(d) In any case in which a carrier elects to discontinue offering all health insurance
19	coverage in the individual market in this state, health insurance coverage may be discontinued
20	only if:
21	(1) The carrier provides notice to the director commissioner and to each individual of the
22	discontinuation at least one hundred eighty (180) days prior to the date of the expiration of the
23	coverage; and
24	(2) All health insurance issued or delivered in this state in the market is discontinued and
25	coverage under this health insurance coverage in the market is not renewed.
26	(e) In the case of a discontinuation under subsection (d) of this section, the carrier may not
27	provide for the issuance of any health insurance coverage in the individual market in this state
28	during the five (5) year period beginning on the date the carrier filed its notice with the
29	department to withdraw from the individual health insurance market in this state. This five (5)
30	year period may be reduced to a minimum of three (3) years at the discretion of the health
31	insurance commissioner, based on his/ or her analysis of market conditions and other related
32	factors.
33	(f) The provisions of subsections (d) and (e) of this section do not apply if, at the time of
34	coverage renewal, a health insurance carrier modifies the health insurance coverage for a policy
	LC003746 - Page 577 of 621
1	form offered to individuals in the individual market so long as the modification is consistent with
2	this chapter and other applicable law and effective on a uniform basis among all individuals with
3	that policy form.
4	(g) In applying this section in the case of health insurance coverage made available by a
5	carrier in the individual market to individuals only through one or more associations, a reference
6	to an "individual" includes a reference to the association (of which the individual is a member).
7	27-18.5-5. Enforcement – Limitation on actions.
8	The directorcommissioner has the power to enforce the provisions of this chapter in
9	accordance with § 42-14-16 and all other applicable laws.
10	27-18.5-6. Rules and regulations.
11	The directorcommissioner may promulgate rules and regulations necessary to effectuate the
12	purposes of this chapter.
13	27-18.5-10. Prohibition on preexisting condition exclusions.
14	(a) A health insurance policy, subscriber contract, or health plan offered, issued, issued for
15	delivery, or issued to cover a resident of this state by a health insurance company licensed
16	pursuant to this title and/or chapter; shall not limit or exclude coverage for any individual by
17	imposing a preexisting condition exclusion on that individual.
18	Shall not limit or exclude coverage for an individual under the age of nineteen (19) by imposing a
19	preexisting condition exclusion on that individual.
20	For plan or policy years beginning on or after January 1, 2014, shall not limit or exclude coverage
21	for any individual by imposing a preexisting condition exclusion on that individual.
22	(b) As used in this section, “preexisting condition exclusion” (1) "Preexisting condition
23	exclusion" means a limitation or exclusion of benefits, including a denial of coverage, based on
24	the fact that the condition (whether physical or mental) was present before the effective date of
25	coverage, or if the coverage is denied, the date of denial, under a health benefit plan whether or
26	not any medical advice, diagnosis, care or treatment was recommended or received before the
27	effective date of coverage.
28	(2) "Preexisting condition exclusion" means any limitation or exclusion of benefits,
29	including a denial of coverage, applicable to an individual as a result of information relating to an
30	individual's health status before the individual's effective date of coverage, or if the coverage is
31	denied, the date of denial, under the health benefit plan, such as a condition (whether physical or
32	mental) identified as a result of a pre- enrollment questionnaire or physical examination given to
33	the individual, or review of medical records relating to the pre-enrollment period.
34	(c) This section shall not apply to grandfathered health plans providing individual health
	LC003746 - Page 578 of 621
1	insurance coverage.
2	(d) This section shall not apply to insurance coverage providing benefits for: (1) Hospital
3	confinement indemnity; (2) Disability income; (3) Accident only; (4) Long-term care; (5)
4	Medicare supplement; (6) Limited benefit health; (7) Specified disease indemnity; (8) Sickness or
5	bodily injury or death by accident or both; and (9) Other limited benefit policies.
6	SECTION 9. Chapter 27-18.5 of the General Laws entitled "Individual Health Insurance
7	Coverage" is hereby amended by adding thereto the following section:
8	27-18.5-11 Essential Health Benefits – Individual
9	(a) The following words and phrases as used in this section have the following meanings
10	consistent with federal law and regulations adopted thereunder, so long as they remain in effect. If
11	such authorities are no longer in effect, the laws and regulations in effect on January 1, 2020 as
12	identified by the commissioner shall govern, unless a different meaning is required by the
13	context:
14	(1) “Essential health benefits” means the following general categories, and the services
15	covered within those categories:
16	(i) Ambulatory patient services;
17	(ii) Emergency services;
18	(iii) Hospitalization;
19	(iv) Maternity and newborn care;
20	(v) Mental health and substance use disorder services, including behavioral health treatment;
21	(vi) Prescription drugs;
22	(vii) Rehabilitative and habilitative services and devices;
23	(viii) Laboratory services;
24	(ix) Preventive services, wellness services, and chronic disease management; and
25	(x) Pediatric services, including oral and vision care.
26	(2) “Preventive services” means those services described in 42 U.S.C. § 300gg-13 and
27	implementing regulations and guidance. If such authorities are determined by the commissioner
28	to no longer be in effect, and to the extent that federal recommendations change after January 1,
29	2020, the commissioner shall rely on the recommendations as described in the version of 42
30	U.S.C. § 300gg-13 in effect on January 1, 2020 to determine which services qualify as preventive
31	services under this section.
32	(b) A health insurance policy, subscriber contract, or health plan offered, issued, issued for
33	delivery, or issued to cover a resident of this state, by a health insurance company licensed
34	pursuant to this title and/or chapter, shall provide coverage of at least the essential health benefits
	LC003746 - Page 579 of 621
1	categories set forth in this section, and shall further provide coverage of preventive services from
2	in-network providers without applying any copayments, deductibles, coinsurance, or other cost
3	sharing, as set forth in this section.
4	(c) This provision shall not be construed as authority to expand the scope of preventive
5	services beyond those in effect on January 1, 2020. However, to the extent that the U.S.
6	Preventive Services Taskforce revises its recommendations with respect to grade “A” or “B”
7	preventive services, OHIC shall have the authority to issue guidance clarifying the services that
8	shall qualify as preventive services under this section, consistent with said recommendations.
9	SECTION 10. Chapter 27-18.6 of the General Laws entitled "Large Group Health Insurance
10	Coverage" is hereby amended by adding thereto the following section:
11	27-18.6-13 Preventive Services
12	(a) As used in this section, “preventive services” means those services described in 42 U.S.C.
13	§ 300gg-13 and implementing regulations and guidance. If such authorities are determined by the
14	commissioner to no longer be in effect, and to the extent that federal recommendations change
15	after January 1, 2020, the commissioner shall rely on the recommendations as described in the
16	version of 42 U.S.C. § 300gg-13 in effect on January 1, 2020 to determine which federally-
17	recommended evidence-based preventive services qualify as preventive care.
18	(b) A health insurance policy, subscriber contract, or health plan offered, issued, issued for
19	delivery, or issued to cover a resident of this state, by a health insurance company licensed
20	pursuant to this title and/or chapter, shall provide coverage of preventive services from in-
21	network providers without applying any copayments, deductibles, coinsurance, or other cost
22	sharing, as set forth in this section.
23	(c) This provision shall not be construed as authority to expand the scope of preventive
24	services beyond those in effect on January 1, 2020. However, to the extent that the U.S.
25	Preventive Services Taskforce revises its recommendations with respect to grade “A” or “B”
26	preventive services, OHIC shall have the authority to issue guidance clarifying the services that
27	shall qualify as preventive services under this section, consistent with said recommendations.
28	SECTION 11. Section 27-50-11 of the General Laws in Chapter 27-50 entitled "Small
29	Employer Health Insurance Availability Act" is hereby amended to read as follows:
30	27-50-11. Administrative procedures.
31	(a) The director shall commissioner may issue promulgate rules and regulations necessary to
32	effectuate the purposes of this chapter.in accordance with chapter 35 of this title for the
33	implementation and administration of the Small Employer Health Insurance Availability Act.
34	SECTION 12. Chapter 27-50 of the General Laws entitled "Small Employer Health Insurance
	LC003746 - Page 580 of 621
1	Availability Act" is hereby amended by adding thereto the following section:
2	27-50-18 Essential Health Benefits
3	(a) The following words and phrases as used in this section have the following meanings
4	consistent with federal law and regulations adopted thereunder, so long as they remain in effect. If
5	such authorities are no longer in effect, the laws and regulations in effect on January 1, 2020 as
6	identified by the commissioner shall govern, unless a different meaning is required by the
7	context:
8	(1) “Essential health benefits” means the following general categories, and the services
9	covered within those categories:
10	(i) Ambulatory patient services;
11	(ii) Emergency services;
12	(iii) Hospitalization;
13	(iv) Maternity and newborn care;
14	(v) Mental health and substance use disorder services, including behavioral health treatment;
15	(vi) Prescription drugs;
16	(vii) Rehabilitative and habilitative services and devices;
17	(viii) Laboratory services;
18	(ix) Preventive services, wellness services, and chronic disease management; and
19	(x) Pediatric services, including oral and vision care.
20	(2) “Preventive services” means those services described in 42 U.S.C. § 300gg-13 and
21	implementing regulations and guidance. If such authorities are determined by the commissioner
22	to no longer be in effect, and to the extent that federal recommendations change after January 1,
23	2020, the commissioner shall rely on the recommendations as described in the version of 42
24	U.S.C. § 300gg-13 in effect on January 1, 2020 to determine which services qualify as preventive
25	services under this section.
26	(b) A health insurance policy, subscriber contract, or health plan offered, issued, issued for
27	delivery, or issued to cover a resident of this state, by a health insurance company licensed
28	pursuant to this title and/or chapter shall provide coverage of at least the essential health benefits
29	categories set forth in this section, and shall further provide coverage of preventive services from
30	in-network providers without applying any copayments, deductibles, coinsurance, or other cost
31	sharing, as set forth in this section.
32	(c) This provision shall not be construed as authority to expand the scope of preventive
33	services beyond those in effect on January 1, 2020. However, to the extent that the U.S.
34	Preventive Services Taskforce revises its recommendations with respect to grade “A” or “B”
	LC003746 - Page 581 of 621
1	preventive services, OHIC shall have the authority to issue guidance clarifying the services that
2	shall qualify as preventive services under this section, consistent with said recommendations.
3	SECTION 13. Section 40-8.4-12 of the General Laws in Chapter 40-8.1 entitled "Small
4	Employer Health Insurance Availability Act" and 44-1-2 of the General Laws in Chapter 44-1
5	entitled "State Tax Officials" are hereby amended to read as follows:
6	40-8.4-12. RIte Share Health Insurance Premium Assistance Program.
7	(a) Basic RIte Share health insurance premium assistance program. Under the terms of
8	Section 1906 of Title XIX of the U.S. Social Security Act, 42 U.S.C. § 1396e, states are permitted
9	to pay a Medicaid-eligible person's share of the costs for enrolling in employer-sponsored health
10	insurance (ESI) coverage if it is cost effective to do so. Pursuant to the general assembly's
11	direction in the Rhode Island health reform act of 2000, the Medicaid agency requested and
12	obtained federal approval under § 1916, 42 U.S.C. § 1396o, to establish the RIte Share premium-
13	assistance program to subsidize the costs of enrolling Medicaid-eligible persons and families in
14	employer-sponsored health insurance plans that have been approved as meeting certain cost and
15	coverage requirements. The Medicaid agency also obtained, at the general assembly's direction,
16	federal authority to require any such persons with access to ESI Employer-sponsored health
17	insurance (ESI) coverage to enroll as a condition of retaining eligibility providing that doing so
18	meets the criteria established in Title XIX for obtaining federal matching funds.
19	(b) Definitions. For the purposes of this section, the following definitions apply:
20	(1) "Cost-effective" means that the portion of the employer-sponsored health insurance (ESI)
21	that the state would subsidize, as well as the cost of wrap-around costs services and cost sharing,
22	would on average cost less to the state than enrolling that same person/family in a managed-care
23	delivery system.
24	(2) "Cost sharing" means any co-payments, deductibles, or co-insurance associated with ESI.
25	(3) "Employee premium" means the monthly premium share a person or family is required to
26	pay to the employer to obtain and maintain ESI coverage.
27	(4) “Employer” means any individual, partnership, association, corporation, estate, trust,
28	fiduciary, limited liability company, limited liability partnership, or any other legal entity that
29	employed at least fifty (50) employees during the preceding fiscal year. Excluded from this
30	definition are all charitable, not for profit organizations specifically formed for purposes other
31	than operating a profit-seeking business and all state or municipal governmental entities.
32	(4 5) "Employer-sponsored health insurance or ESI" means health insurance or a group health
33	plan offered to employees by an employer. This includes plans purchased by small employers
34	through the state health insurance marketplace, healthsource RI (HSRI).
	LC003746 - Page 582 of 621
1	(56) "Policy holder" means the person in the household with access to ESI, typically the
2	employee.
3	(67) "RIte Share-approved employer-sponsored health insurance (ESI)" means an employer-
4	sponsored health insurance plan that meets the coverage and cost-effectiveness criteria for RIte
5	Share.
6	(78) "RIte Share buy-in" means the monthly amount an Medicaid-ineligible policy holder
7	must pay toward RIte Share-approved ESI that covers the Medicaid-eligible children, young
8	adults, or spouses with access to the ESI. The buy-in only applies in instances when household
9	income is above one hundred fifty percent (150%) of the FPL.
10	(89) "RIte Share premium assistance program" (referred to hereafter as “RIte Share”) means
11	the Rhode Island Medicaid premium assistance program in which the State pays the eligible
12	Medicaid member's share of the cost of enrolling in a RIte Share-approved ESI plan, as well as
13	coverage of wrap-around services, or those that are covered under Medicaid, but not the ESI plan.
14	This allows the state to share the cost of the health insurance coverage with the employer.
15	(910) "RIte Share Unit" means the entity within the executive office of health and human
16	services (EOHHS) responsible for assessing the cost-effectiveness of ESI, contacting employers
17	about ESI as appropriate, initiating the RIte Share enrollment and disenrollment process, handling
18	member communications, and managing the overall operations of the RIte Share program.
19	(101) "Third-Party Liability (TPL)" means other health insurance coverage. This insurance is
20	in addition to Medicaid and is usually provided through an employer. Since Medicaid is always
21	the payer of last resort, the TPL is always the primary coverage.
22	(112) "Wrap-around services or coverage" means any health care services not included in the
23	ESI plan that would have been covered had the Medicaid member been enrolled in a RIte Care or
24	Rhody Health Partners plan. Coverage of deductibles and co-insurance is included in the wrap-
25	around services or coverage. Co-payments to providers are not covered as part of the wrap-
26	around coverage.
27	(c) RIte Share populations. Medicaid beneficiaries subject to RIte Share include: children,
28	families, parent and caretakers eligible for Medicaid or the children's health insurance program
29	(CHIP) under this chapter or chapter 12.3 of title 42; and adults between the ages of nineteen (19)
30	and sixty-four (64) who are eligible under chapter 8.12 of this title, not receiving or eligible to
31	receive Medicare, and are enrolled in managed care delivery systems. The following additional
32	conditions apply:
33	(1) The income of Medicaid beneficiaries shall affect whether and in what manner they must
34	participate in RIte Share as follows:
	LC003746 - Page 583 of 621
1	(i) Income at or below one hundred fifty percent (150%) of FPL – Persons and families
2	determined to have household income at or below one hundred fifty percent (150%) of the
3	Federal Poverty Level (FPL) guidelines based on the modified adjusted gross income (MAGI)
4	standard or other standard approved by the secretary are required to participate in RIte Share if a
5	Medicaid-eligible adult or parent/caretaker has access to cost-effective ESI. Enrolling in ESI
6	through RIte Share shall be a condition of maintaining Medicaid health coverage for any eligible
7	adult with access to such coverage.
8	(ii) Income above one hundred fifty percent (150%) of FPL and policy holder is not
9	Medicaid-eligible – Premium assistance is available when the household includes Medicaid-
10	eligible members, but the ESI policy holder (typically a parent/caretaker, or spouse) is not eligible
11	for Medicaid. Premium assistance for parents/caretakers and other household members who are
12	not Medicaid-eligible may be provided in circumstances when enrollment of the Medicaid-
13	eligible family members in the approved ESI plan is contingent upon enrollment of the ineligible
14	policy holder and the executive office of health and human services (executive office) determines,
15	based on a methodology adopted for such purposes, that it is cost-effective to provide premium
16	assistance for family or spousal coverage.
17	(d) RIte Share enrollment as a condition of eligibility. For Medicaid beneficiaries over the
18	age of nineteen (19) enrollment in RIte Share shall be a condition of eligibility except as
19	exempted below and by regulations promulgated by the executive office.
20	(1) Medicaid-eligible children and young adults up to age nineteen (19) shall not be required
21	to enroll in a parent/caretaker relative's ESI as a condition of maintaining Medicaid eligibility if
22	the person with access to RIte Share-approved ESI does not enroll as required. These Medicaid-
23	eligible children and young adults shall remain eligible for Medicaid and shall be enrolled in a
24	RIte Care plan.
25	(2) There shall be a limited six-month (6) exemption from the mandatory enrollment
26	requirement for persons participating in the RI works program pursuant to chapter 5.2 of this title.
27	(e) Approval of health insurance plans for premium assistance.
28	(1) The executive office of health and human services shall adopt regulations providing for
29	the approval of employer-based health insurance plans for premium assistance and shall approve
30	employer-based health insurance plans based on these regulations. In order for an employer-based
31	health insurance plan to gain approval, the executive office must determine that the benefits
32	offered by the employer-based health insurance plan are substantially similar in amount, scope,
33	and duration to the benefits provided to Medicaid-eligible persons enrolled in a Medicaid
34	managed-care plan, when the plan is evaluated in conjunction with available supplemental
	LC003746 - Page 584 of 621
1	benefits provided by the executive office of health and human services. The executive office of
2	health and human services shall obtain and make available to persons otherwise eligible for
3	Medicaid, identified in this section as supplemental benefits, those benefits not reasonably
4	available under employer-based health insurance plans that are required for Medicaid
5	beneficiaries by state law or federal law or regulation. Once it has been determined by the
6	Medicaid agency executive office of health and human services that the ESI offered by a
7	particular employer is RIte Share-approved, all Medicaid members with access to that employer's
8	plan are required to participate in RIte Share. Failure to meet the mandatory enrollment
9	requirement shall result in the termination of the Medicaid eligibility of the policy holder and
10	other Medicaid members nineteen (19) or older in the household who could be covered under the
11	ESI until the policy holder complies with the RIte Share enrollment procedures established by the
12	executive office.
13	(2) Any employer defined in 40-8.4-12(b)(5) shall be required to:
14	(i) annually provide the executive office of health and human services and the Division of
15	Taxation with sufficient and necessary information, for the Medicaid agency to determine
16	employee eligibility for RIte Share in accordance with section 40-8.4-12(e)(1).
17	(ii) on a quarterly basis notify the executive office of health and human services of any
18	employee(s) no longer employed and/or who otherwise loses their ESI.
19	(iii) on a quarterly basis submit ESI data and enrollment reports to the executive office of
20	health and human services indicating which employees are currently enrolled or are not enrolled
21	in ESI.
22	(iv) to include instructions provided by EOHHS for RIte Share determination and enrollment
23	as a part of ESI enrollment materials whenever a new employee is offered ESI and/or during the
24	employer’s annual open enrollment period for health insurance coverage.
25	(v) participate in the executive office of health and human services’ employer education and
26	outreach campaign concerning the RIte Share program and all ESI options.
27	(vi) not offer financial incentives for employees to turn down ESI and remain on Medicaid.
28	(3) Any employer defined in 40-8.4-12(b)(5), that does not timely comply with the
29	requirements of section 40-8.4-12(e)(2), shall in accordance with section 44-1-2(9) be assessed a
30	penalty by the Division of Taxation in the amount of twenty-five hundred dollars ($2500).
31	(4) Any employer defined in 40-8.4-12(b)(5), that fails to comply with the requirements of
32	section 40-8.4-12(e)(2)(i) or who falsifies any data or reports required to be submitted to the
33	executive office of health and human services pursuant to section 40-8.4-12(e)(2)(i), shall in
	LC003746 - Page 585 of 621
1	accordance with the requirements of section 44-1-2 (9) be assessed a penalty by the Division of
2	Taxation in amount of five thousand dollars ($5000).
3	(5) The executive office of health and human services shall adopt regulations providing for
4	the approval of employer-based health insurance plans for premium assistance, the mandatory
5	data and reporting requirements for any employer defined in 40-8.4-12(b)(5), and shall approve
6	employer-based health insurance plans based on these regulations.
7	(f) Premium Assistance. The executive office shall provide premium assistance by paying all
8	or a portion of the employee's cost for covering the eligible person and/or his or her family under
9	such a RIte Share-approved ESI plan subject to the buy-in provisions in this section.
10	(g) Buy-in. Persons who can afford it shall share in the cost. – The executive office is
11	authorized and directed to apply for and obtain any necessary state plan and/or waiver
12	amendments from the secretary of the U.S. Department of Health and Human Services (DHHS)
13	to require that persons enrolled in a RIte Share-approved employer-based health plan who have
14	income equal to or greater than one hundred fifty percent (150%) of the FPL to buy-in to pay a
15	share of the costs based on the ability to pay, provided that the buy-in cost shall not exceed five
16	percent (5%) of the person's annual income. The executive office shall implement the buy-in by
17	regulation, and shall consider co-payments, premium shares, or other reasonable means to do so.
18	(h) Maximization of federal contribution. The executive office of health and human services
19	is authorized and directed to apply for and obtain federal approvals and waivers necessary to
20	maximize the federal contribution for provision of medical assistance coverage under this section,
21	including the authorization to amend the Title XXI state plan and to obtain any waivers necessary
22	to reduce barriers to provide premium assistance to recipients as provided for in Title XXI of the
23	Social Security Act, 42 U.S.C. § 1397 et seq.
24	(i) Implementation by regulation. The executive office of health and human services is
25	authorized and directed to adopt regulations to ensure the establishment and implementation of
26	the premium assistance program in accordance with the intent and purpose of this section, the
27	requirements of Title XIX, Title XXI and any approved federal waivers.
28	(j) Outreach and reporting. The executive office of health and human services shall develop a
29	plan to identify Medicaid eligible individuals who have access to employer sponsored insurance
30	and increase the use of RIte Share benefits. Beginning October 1, 2019, the executive office shall
31	submit the plan to be included as part of the reporting requirements under § 35-17-1. Starting
32	January 1, 2020, the executive office of health and human services shall include the number of
33	Medicaid recipients with access to employer sponsored insurance, the number of plans that did
	LC003746 - Page 586 of 621
1	not meet the cost effectiveness criteria for RIte Share, and enrollment in the premium assistance
2	program as part of the reporting requirements under § 35-17-1.
3	§ 44-1-2. Powers and duties of tax administrator.
4	The tax administrator is required:
5	(1) To assess and collect all taxes previously assessed by the division of state taxation in the
6	department of revenue and regulation, including the franchise tax on domestic corporations,
7	corporate excess tax, tax upon gross earnings of public service corporations, tax upon interest
8	bearing deposits in national banks, the inheritance tax, tax on gasoline and motor fuels, and tax on
9	the manufacture of alcoholic beverages;
10	(2) To assess and collect the taxes upon banks and insurance companies previously
11	administered by the division of banking and insurance in the department of revenue and
12	regulation, including the tax on foreign and domestic insurance companies, tax on foreign
13	building and loan associations, deposit tax on savings banks, and deposit tax on trust companies;
14	(3) To assess and collect the tax on pari-mutuel or auction mutuel betting, previously
15	administered by the division of horse racing in the department of revenue and regulation;
16	(4) [Deleted by P.L. 2006, ch. 246, art. 38, § 10];
17	(5) To assess and collect the monthly surcharges that are collected by telecommunication
18	services providers pursuant to § 39-21.1-14 and are remitted to the division of taxation;
19	(6) To audit, assess, and collect all unclaimed intangible and tangible property pursuant to
20	chapter 21.1 of title 33;
21	(7) To provide to the department of labor and training any state tax information, state records,
22	or state documents they or the requesting agency certify as necessary to assist the agency in
23	efforts to investigate suspected misclassification of employee status, wage and hour violations, or
24	prevailing wage violations subject to the agency's jurisdiction, even if deemed confidential under
25	applicable law, provided that the confidentiality of such materials shall be maintained, to the
26	extent required of the releasing department by any federal or state law or regulation, by all state
27	departments to which the materials are released and no such information shall be publicly
28	disclosed, except to the extent necessary for the requesting department or agency to adjudicate a
29	violation of applicable law. The certification must include a representation that there is probable
30	cause to believe that a violation has occurred. State departments sharing this information or
31	materials may enter into written agreements via memorandums of understanding to ensure the
32	safeguarding of such released information or materials; and
33	(8) To preserve the Rhode Island tax base under Rhode Island law prior to the December 22,
34	2017, Congressional enactment of Public Law 115-97, The Tax Cuts and Jobs Act, the tax
	LC003746 - Page 587 of 621
1	administrator, upon prior written notice to the speaker of the house, senate president, and
2	chairpersons of the house and senate finance committees, is specifically authorized to amend tax
3	forms and related instructions in response to any changes the Internal Revenue Service makes to
4	its forms, regulations, and/or processing which will materially impact state revenues, to the extent
5	that impact is measurable. Any Internal Revenue Service changes to forms, regulations, and/or
6	processing which go into effect during the current tax year or within six (6) months of the
7	beginning of the next tax year and which will materially impact state revenue will be deemed
8	grounds for the promulgation of emergency rules and regulations under § 42-35-2.10. The
9	provisions of this subsection (8) shall sunset on December 31, 2021.
10	(9) To collect the penalties from all Rhode Island employers, defined as any individual,
11	partnership, association, corporation, estate, trust, fiduciary, limited liability company, limited
12	liability partnership, or any other legal entity that employed at least fifty (50) employees, but not
13	including any charitable, not for profit organizations specifically formed for purposes other than
14	operating a profit-seeking business and all state or municipal governmental entities, during the
15	preceding fiscal year, who fail to file the forms required by the executive office of health and
16	human services pursuant to section 40-8.4-12 of the Rhode Island General Laws and associated
17	rules and regulations. An employer is required to file said forms if it had fifty (50) or more
18	employees during the previous fiscal year (July 1st through June 30th). The first submissions under
19	this program will be required from employers who had fifty (50) or more employees at any time
20	between July 1, 2019 and June 30, 2020. The forms must be filed with the division of taxation
21	between November 15th and December 15th during the year in which they are due. The first forms
22	under this program will be due between November 15, 2020 and December 15, 2020. The
23	penalties are set forth in section 40-8.4-12, as amended, and may be assessed on forms provided
24	by the tax administrator, who, in consultation with the executive office of health and human
25	services, may clarify the collection of said penalties with rules or regulations consistent with this
26	chapter as well as chapter 8.4 of title 40. The tax administrator may from time to time transmit to
27	the executive office of health and human services a list of Rhode Island employers and/or the
28	forms and related documentation or information required by Section 40-8.4-12 for the purpose of
29	complying with this chapter as well as chapter 8.4 of title 40. The provisions of this subsection
30	(9) shall be effective upon passage.
31	SECTION 14: Title 42 of the General Laws entitled “State Affairs and Government” is
32	amended by adding thereto the following chapter:
33	CHAPTER 42-7.5
34	THE HEALTH SPENDING TRANSPARENCY AND CONTAINMENT ACT
	LC003746 - Page 588 of 621
1	42-7.5-1. Short title.
2	This chapter shall be known and may be cited as “The Health Spending Transparency and
3	Containment Act.”
4	42-7.5-2. Purpose
5	(a) WHEREAS, in August of 2018, the RI Cost Trend Steering Committee, composed of
6	stakeholders including business and consumer advocates and health industry leaders, was created
7	to advise the RI Health Care Cost Trend Project in partnership with the Office of the Health
8	Insurance Commissioner and the Executive Office on Health and Human Services.
9	(b) WHEREAS, the vision of the Cost Trend Steering Committee is to provide every Rhode
10	Islander with access to high-quality, affordable healthcare through greater transparency of
11	healthcare performance and increased accountability by key stakeholders to ensure healthcare
12	spending does not increase at a rate that significantly outpaces the consumer price index.
13	(c) WHEREAS, the goal of the cost trend work is to use actionable data insights, analytic
14	tools, State authority, and stakeholder engagement to drive meaningful changes in healthcare
15	spending in Rhode Island.
16	(d) WHEREAS, since August 2018, Rhode Island has: (1) convened a diverse group of
17	stakeholders to consider the establishment of a cost grown target; (2) achieved unanimous
18	consensus on the establishment of such a target; and (3) issued an Executive Order to formalize
19	the cost target.
20	(e) WHEREAS, the Cost Trend Steering Committee also convened national experts with RI
21	government, advocates, business leaders, and healthcare leaders to share best practices on claims-
22	based analyses, leading to the development of a strategy to track overall healthcare spending,
23	report at several levels, and produce information that will inform and enhance provider decision
24	making.
25	(f) WHEREAS, the values that guide Rhode Island’s Cost Trend efforts include commitments
26	to (1) broad based stakeholder engagement that ensures consensus and support, (2) transparency
27	and actionability of data and reports, and (3) collaboration between experts in state government,
28	the private sector, and academia that results in key decision makers using data in smarter ways to
29	reduce costs while ensuring high quality care.
30	(g) WHEREAS, in the final year of Peterson Center RI Health Care Cost Trend Project
31	funding (ending March 1, 2021), the Steering Committee has committed to work on sustainability
32	planning to codify the practice of cost trend analytics and convenings in the annual practices of
33	the state. This will require reporting in 2020 on the state’s performance against the cost growth
34	target, demonstrating that healthcare cost analytics can catalyze policy and behavior change, and
	LC003746 - Page 589 of 621
1	coordinating the cost trend work with the other on-going healthcare reform and data use work in
2	Rhode Island.
3	(h) WHEREAS, the mission of the Executive Office of Health and Human Services is to
4	assure access to high quality and cost-effective services that foster the health, safety, and
5	independence of all Rhode Islanders. The complementary responsibility of the RI Office of the
6	Health Insurance Commissioner includes addressing the affordability of healthcare and viewing
7	the healthcare system as a whole., combining consumer protection and commercial insurer
8	regulation with system reform policy-making.
9	42-7.5-3 Definitions
10	The following words and phrases as used in this chapter shall have the following meaning:
11	(1)(i) "Contribution enrollee" means an individual residing in this state, with respect to whom
12	an insurer administers, provides, pays for, insures, or covers healthcare services, unless excepted
13	by this section.
14	(ii) "Contribution enrollee" shall not include an individual whose healthcare services are paid
15	or reimbursed by Part A or Part B of the Medicare program, a Medicare supplemental policy as
16	defined in section 1882(g)(1) of the Social Security Act, 42 U.S.C. § 1395ss(g)(1), or Medicare
17	managed care policy, the federal employees' health benefit program, the Veterans' healthcare
18	program, the Indian health service program, or any local governmental corporation, district, or
19	agency providing health benefits coverage on a self-insured basis;
20	(2) "Healthcare services funding contribution" means per capita amount each contributing
21	insurer must contribute to support the Health Spending Transparency and Containment Program
22	funded by the method established under this section, with respect to each contribution enrollee;
23	(3)(i) "Insurer" means all persons offering, administering, and/or insuring healthcare services,
24	including, but not limited to:
25	(A) Policies of accident and sickness insurance, as defined by chapter 18 of title 27:
26	(B) Nonprofit hospital or medical-service plans, as defined by chapters 19 and 20 of title 27;
27	(C) Any person whose primary function is to provide diagnostic, therapeutic, or preventive
28	services to a defined population on the basis of a periodic premium;
29	(D) All domestic, foreign, or alien insurance companies, mutual associations, and
30	organizations;
31	(E) Health maintenance organizations, as defined by chapter 41 of title 27;
32	(F) All persons providing health benefits coverage on a self-insurance basis;
33	(G) All third-party administrators described in chapter 20.7 of title 27; and
	LC003746 - Page 590 of 621
1	(H) All persons providing health benefit coverage under Title XIX of the Social Security Act
2	(Medicaid) as a Medicaid managed care organization offering managed Medicaid.
3	(ii) "Insurer" shall not include any nonprofit dental service corporation as defined in § 27-
4	20.1-2, nor any insurer offering only those coverages described in § 42-7.5-7.
5	(4) "Person" means any individual, corporation, company, association, partnership, limited
6	liability company, firm, state governmental corporations, districts, and agencies, joint stock
7	associations, trusts, and the legal successor thereof.
8	(5) "Secretary" means the secretary of health and human services.
9	42-7.5-4. Imposition of health spending transparency and containment funding
10	contribution.
11	(a) Each insurer is required to pay the health spending transparency and containment funding
12	contribution for each contribution enrollee of the insurer at the time the contribution is calculated
13	and paid, at the rate set forth in this section.
14	(1) Beginning October 1, 2020, the secretary shall set the health spending transparency and
15	containment funding contribution each fiscal year in an amount not to exceed one (1) dollar per
16	contribution enrollee of all insurers.
17	(2) The contribution set forth herein shall be in addition to any other fees or assessments upon
18	the insurer allowable by law.
19	(b) The contribution shall be paid by the insurer; provided, however, a person providing
20	health benefits coverage on a self-insurance basis that uses the services of a third-party
21	administrator shall not be required to make a contribution for a contribution enrollee where the
22	contribution on that enrollee has been or will be made by the third-party administrator.
23	42-7.5-5. Returns and payment.
24	(a) Every insurer required to make a contribution shall, on or before the last day of January of
25	each year, beginning January of 2021, make a return to the secretary together with payment of the
26	annual health spending transparency and containment funding contribution.
27	(b) All returns shall be signed by the insurer required to make the contribution, or by its
28	authorized representative, subject to the pains and penalties of perjury.
29	(c) If a return shows an overpayment of the contribution due, the secretary shall refund or
30	credit the overpayment to the insurer required to make the contribution.
31	42-7.5-6. Method of payment and deposit of contribution.
32	(a) The payments required by this chapter may be made by electronic transfer of monies to
33	the general treasurer.
	LC003746 - Page 591 of 621
1	(b) The general treasurer shall take all steps necessary to facilitate the transfer of monies to
2	the health spending transparency and containment funding account established in § 42-7.5-8 in
3	the amount described in § 42-7.5-3.
4	(c) The general treasurer shall provide the secretary with a record of any monies transferred
5	and deposited.
6	42-7.5-7. Rules and regulations.
7	The secretary is authorized to make and promulgate rules, regulations, and procedures not
8	inconsistent with state law and fiscal procedures as he or she deems necessary for the proper
9	administration of this chapter.
10	42-7.5-8. Excluded coverage from the health spending transparency and containment
11	funding act.
12	(a) In addition to any exclusion and exemption contained elsewhere in this chapter, this
13	chapter shall not apply to insurance coverage providing benefits for, nor shall an individual be
14	deemed a contribution enrollee solely by virtue of receiving benefits for the following:
15	(1) Hospital confinement indemnity;
16	(2) Disability income;
17	(3) Accident only;
18	(4) Long-term care;
19	(5) Medicare supplement;
20	(6) Limited benefit health;
21	(7) Specified disease indemnity;
22	(8) Sickness or bodily injury or death by accident or both; or
23	(9) Other limited benefit policies.
24	42-7.5-9. Health Spending Transparency and Containment Account.
25	There is created a restricted receipt account to be known as the “Health Spending
26	Transparency and Containment Account.” All money in the account shall be utilized by the
27	executive office of health and human services, with the advice of and in coordination with the
28	Office of the Health Insurance Commissioner, to effectuate the requirements described in § 42-
29	7.5-9.
30	(a) All money received pursuant to this section shall be deposited in the Health Spending
31	Transparency and Containment account. The general treasurer is authorized and directed to draw
32	his or her orders on the account upon receipt of properly authenticated vouchers from the
33	executive office of health and human services.
	LC003746 - Page 592 of 621
1	(b) The Health Spending Transparency and Containment Account shall be exempt from the
2	indirect cost recovery provisions of § 35-4-27.
3	42-7.5-10. Health Spending Transparency and Containment Program Requirements.
4	(a) The Health Spending Transparency and Containment Program (“Program”) is hereby
5	created to utilize health care claims data to help reduce health care costs.
6	(b) The Program shall include the maintenance of an annual Health Care Cost Growth Target
7	that will be used as a voluntary benchmark to measure Rhode Island health care spending
8	performance relative to the target, which performance shall be publicly reported annually.
9	(c) The Program will use data to determine what factors are causing increased health
10	spending in the state, and to create actionable analysis to drive changes in practice and policy and
11	develop cost reduction strategies.
12	(d) Annual reports shall be made public and recommendations shall be issued to the Governor
13	and the General Assembly.
14	SECTION 15: This article shall take effect upon passage.
	LC003746 - Page 593 of 621
1	ARTICLE 21
2	RELATING TO HEALTH AND SAFTEY
3	SECTION 1. Effective July 1, 2020, sections 11-9-13, 11-9-13.2, 11-9-13.4, 11-9-13.5,
4	11-9-13.6, 11-9-13.7, 11-9-13.8, 11-9-13.8.1, 11-9-13.10, 11-9-13.11, 11-9-13.13, 11-9-13.15,
5	11-9-13.20 and 11-9-14 of the General Laws in Chapter 11-9 entitled "Children" are hereby
6	amended to read as follows:
7	11-9-13. Purchase, sale or delivery of tobacco products and electronic nicotine
8	delivery systems to persons under eighteen twenty-one – Posting notice of law.
9	No person under eighteen twenty-one (1821) years of age shall purchase, nor shall any
10	person sell, give, or deliver to any person under eighteen twenty-one (1821) years of age, any
11	tobacco in the form of cigarettes, bidi cigarettes, cigars, little cigars, flavored cigars known as
12	"blunts," unflavored "blunts," flavored and unflavored blunt wraps, cigarette rolling papers of any
13	size or composition, cigarillos and tiparillos, pipe tobacco, chewing tobacco, electronic nicotine-
14	delivery systems, or snuff. Any person, firm, or corporation that owns, manages, or operates a
15	place of business in which tobacco products are sold, including sales through cigarette vending
16	machines, shall post notice of this law conspicuously in the place of business in letters at least
17	three-eighths of an inch (3/8") high.
18	11-9-13.2. Short title.
19	Sections 11-9-13.2 – 11-9-13.19 shall be cited as "An Act to Stop the Illegal Sale of
20	Tobacco Products to Children Persons Under Twenty-One (21) Years of Age".
21	11-9-13.4. Definitions.
22	As used in this chapter:
23	(1) "Bidi cigarette" means any product that (i) contains tobacco that is wrapped in
24	temburni or tender leaf, or that is wrapped in any other material identified by rules of the
25	Department of Health that is similar in appearance or characteristics to the temburni or tender
26	leaf, and (ii) does not contain a smoke filtering device.
27	(2) "Court" means any appropriate district court of the state of Rhode Island.
28	(3) "Dealer" is synonymous with the term "retail tobacco products dealer".
29	(4) "Department of behavioral healthcare, developmental disabilities and hospitals "
30	means the state of Rhode Island behavioral healthcare, developmental disabilities and hospitals
31	department, its employees, agents or assigns.
32	(5) "Department of taxation" means the state of Rhode Island taxation division, its
33	employees, agents, or assigns.
	LC003746 - Page 594 of 621
1	(6) "License" is synonymous with the term "retail tobacco products dealer license" or
2	"electronic nicotine-delivery system license” or any license issued under Title 44 of Chapter 20.
3	(7) "License holder" is synonymous with the term "retail tobacco products dealer" or
4	"electronic nicotine-delivery system license."
5	(8) "Person" means any individual person, firm, association, or corporation licensed as a
6	retail dealer to sell tobacco products within the state.
7	(9) "Retail tobacco products dealer" means the holder of a license to sell tobacco products
8	at retail and shall include holders of all other licenses issued under title 44 of chapter 20.
9	(10) "Retail tobacco products dealer license" means a license to sell tobacco products and
10	ENDS Products as defined in section 44-20-1 at retail as issued by the department of taxation.
11	(11) "Spitting tobacco" also means snuff, powdered tobacco, chewing tobacco, dipping
12	tobacco, pouch tobacco, or smokeless tobacco.
13	(12) "Tobacco product(s)" means any product containing tobacco, including bidi
14	cigarettes, as defined in subdivision (1) of this section, that can be used for, but whose use is not
15	limited to, smoking, sniffing, chewing, or spitting of the product.
16	(13) "Underage individual" or "underage individuals" means any child person under the
17	age of eighteen twenty-one (18 21) years of age.
18	(14) "Little cigars" means and includes any roll, made wholly or in part of tobacco,
19	irrespective of size or shape, and irrespective of whether the tobacco is flavored, adulterated, or
20	mixed with any other ingredient, where such roll has a wrapper or cover made of tobacco
21	wrapped in leaf tobacco or any substance containing tobacco paper or any other material, except
22	where such wrapper is wholly or in greater part made of tobacco and such roll weighs over three
23	(3) pounds per thousand (1,000).
24	(15) "Electronic nicotine-delivery system" means an electronic device that may be used
25	to simulate smoking in the delivery of nicotine or other substance to a person inhaling from the
26	device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic
27	cigarillo, electronic pipe, or electronic hookah and any related device and any cartridge or other
28	component of such device.
29	11-9-13.5. Responsibility for tobacco or health issues.
30	The Rhode Island department of behavioral healthcare, developmental disabilities and
31	hospitals shall develop, monitor and aggressively enforce health rules and regulations pertaining
32	to stopping the illegal sale of tobacco products and electronic nicotine delivery systems, or any
33	separate electronic nicotine-delivery system product as defined in § 44-20-1 (7) that is being
34	offered for sale separately from a system, to children persons under twenty-one (21) years of age.
	LC003746 - Page 595 of 621
1	11-9-13.6. Duties of the department of behavioral healthcare, developmental
2	disabilities and hospitals.
3	The department of behavioral healthcare, developmental disabilities and hospitals shall:
4	(1) Coordinate and promote the enforcement of the provisions of this chapter and serve as
5	the primary liaison from this department to other state or local agencies, departments, or divisions
6	on issues pertaining to stopping children’s access to tobacco and electronic nicotine-delivery
7	system dealers to persons under twenty-one (21) years of age.
8	(2) Provide retail tobacco products dealers and electronic nicotine-delivery system
9	dealers signs concerning the prohibition of sales to children persons under eighteen twenty-one
10	(18 21) years of age. The signs, conforming to the requirements of this chapter, shall be sold at
11	cost. This sign, or an exact duplicate of it made privately, shall be displayed in all locations where
12	tobacco products and/or electronic nicotine-delivery systems are sold.
13	(3) Investigate concurrently with other state and local officials violations of this chapter.
14	(4)(i) Utilize unannounced statewide compliance checks of tobacco product sales and/or
15	electronic nicotine-delivery system sales including retail tobacco and/or electronic nicotine-
16	delivery system over-the-counter sales, mail-order sales initiated via mail, facsimile, telephone or
17	internet ordering or other types of electronic communications, and tobacco and/or electronic
18	nicotine-delivery systems vending machine sales as part of investigating compliance with the
19	provisions of this chapter. Persons under the age of twenty-one (21)Underage individuals, acting
20	as agents for the department of behavioral healthcare, developmental disabilities and hospitals
21	and with the written permission of a parent or guardian, may purchase, with impunity from
22	prosecution, tobacco products and electronic nicotine-delivery systems for the purposes of law
23	enforcement or government research involving monitoring compliance with this chapter,
24	provided that the underage individuals are supervised by an adult law enforcement official and
25	that persons under the age of eighteen (18) have the written permission of a parent or guardian.
26	Any individual participating in an unannounced compliance check of over-the-counter or vending
27	machine sales, must state his or her accurate age if asked by the sales representative of the retail
28	establishment being checked.
29	(ii) In fulfilling the requirement of unannounced statewide compliance checks, the
30	department of behavioral healthcare, developmental disabilities and hospitals shall maintain
31	complete records of the unannounced compliance checks, detailing, at least, the date of the
32	compliance check; the name and address of the retail establishment checked or the mail order
33	company; the results of the compliance check (sale/no sale); whether the sale was made as an
34	over-the-counter sale, a mail-order purchase or a tobacco and/or or electronic nicotine-delivery
	LC003746 - Page 596 of 621
1	systems vending machine sale; and if a citation was issued for any violation found. The records
2	shall be subject to public disclosure. Further, the department of behavioral healthcare,
3	developmental disabilities and hospitals shall report to the owner of each retail establishment
4	checked or mail-order company the results of any compliance check (sale/no sale) whether the
5	sale was made as an over-the-counter sale, a mail-order purchase, or a tobacco and/or electronic
6	nicotine-delivery systems vending machine sale, and if a citation was issued for any violation
7	found.
8	(5) Seek enforcement, concurrently with other state and local officials, of the penalties as
9	detailed in this chapter.
10	(6) Develop and disseminate community health education information and materials
11	relating to this chapter.
12	11-9-13.7. Signs concerning sales to individuals under age eighteen twenty-one (18
13	21).
14	Signs provided by the department of behavioral healthcare, developmental disabilities
15	and hospitals, or an exact duplicate of it made privately, shall:
16	(1) Contain in red bold lettering a minimum of three-eighths (3/8") inch high on a white
17	background the following wording in both English and Spanish:
18	THE SALE OF CIGARETTES, TOBACCO AND ELECTRONIC NICOTINE-
19	DELIVERY SYSTEM PRODUCTS TO PERSONS UNDER THE AGE OF 18 21 IS AGAINST
20	RHODE ISLAND LAW (§ 11-9-13.8(1), Rhode Island Statutes) PHOTO ID FOR PROOF OF
21	AGE IS REQUIRED FOR PURCHASE.
22	(2) Contain the phone number at the department of behavioral healthcare, developmental
23	disabilities and hospitals, where violations of §§ 11-9-13.2 – 11-9-13.19 20 can be reported, in
24	addition to any other information required by the department of behavioral healthcare,
25	developmental disabilities and hospitals.
26	(3) Be displayed prominently for public view, wherever tobacco products and/or
27	electronic nicotine delivery systems are sold at each cash register, each tobacco and/or electronic
28	nicotine-delivery systems vending machine, or any other place from which tobacco products
29	and/or electronic nicotine delivery systems are sold. The signs shall be electronically available in
30	both English and Spanish online at the department of behavioral healthcare, developmental
31	disabilities and hospitals' website.
32	11-9-13.8. Prohibitions applicable to license holders and their employees and agents.
	LC003746 - Page 597 of 621
1	A person holding a license issued under chapter 20 of title 44 and/or § 23-1-56, or an
2	employee or agent of that person, is prohibited from selling, distributing, or delivering a tobacco
3	and/or electronic nicotine-delivery system product:
4	(1) To any individual who is under eighteen twenty-one (1821) years of age; or
5	(2) In any form other than an original, factory-wrapped package as sealed and certified by
6	the manufacturer; or
7	(3) As a single-cigarette sale (§ 44-20-31) or as a sale of cigarettes by the individual piece
8	known as "loosies."
9	11-9-13.8.1. Signs concerning the health effects of tobacco and electronic nicotine
10	delivery systems.
11	Signs provided by the department of behavioral healthcare, developmental disabilities
12	and hospitals, or an exact duplicate of it made privately, shall:
13	(1) Contain red bold lettering a minimum of one-quarters of an inch (1/4") high on a
14	white background the following wording, in both English and Spanish: WARNING: SMOKING
15	CIGARETTES CONTRIBUTES TO LUNG DISEASE, CANCER, HEART DISEASE,
16	STROKE AND RESPIRATORY ILLNESS AND DURING PREGNANCY MAY RESULT IN
17	LOW BIRTH WEIGHT AND PREMATURE BIRTH.
18	(2) The signs shall also include information regarding resources available to Rhode Island
19	residents who would like to quit smoking.
20	(3) The signs shall be displayed prominently for public view wherever tobacco products
21	are sold at each cash register, each tobacco vending machine, or any other place from which
22	tobacco products are sold. The signs shall be electronically available in both English and Spanish
23	online at the department of behavioral healthcare, developmental disabilities and hospitals'
24	website.
25	(4) The department of behavioral healthcare, developmental disabilities and hospitals
26	shall have the power and authority to develop and disseminate signs pursuant to the requirements
27	of this section for other tobacco products and electronic nicotine delivery systems, in addition to
28	cigarettes. The messaging included in the signs shall be based on the most current scientific
29	evidence.
30	11-9-13.10. Prohibition on the distribution and redemption of free and discounted
31	tobacco products and electronic nicotine delivery systems.
32	The distribution and/or redemption of free tobacco products, and electronic nicotine-
33	delivery systems or coupons or vouchers redeemable for free or discounted cigarettes, other
34	tobacco products, or electronic nicotine-delivery system products to any person under eighteen
	LC003746 - Page 598 of 621
1	(18) years of age shall be prohibited. Further, the distribution and/or redemption of free tobacco
2	products or electronic nicotine-delivery systems or coupons or vouchers redeemable for free
3	tobacco or electronic nicotine-delivery systems products shall be prohibited, regardless of the age
4	of the person to whom the products, coupons, or vouchers are distributed, within five hundred
5	feet (500') of any school. The attorney general, or any local or state of Rhode Island police
6	department, or their officers or agents, shall bring an action for any violation of this section.
7	Every separate, free or discounted tobacco product or electronic nicotine-delivery system or
8	coupon or voucher redeemable for a free or discounted tobacco or electronic nicotine-delivery
9	system or product in violation of this section shall constitute a separate offense subject to a fine of
10	five hundred dollars ($500). The penalty shall be assessed against the business or individual
11	responsible for initiating the Rhode Island distribution and/or redemption of the free or
12	discounted tobacco products or electronic nicotine-delivery systems or coupons or vouchers
13	redeemable for free or discounted tobacco products or electronic nicotine-delivery systems.
14	11-9-13.11. Prohibition on the sale or distribution of tobacco products through the
15	mail conveyance of tobacco products and electronic nicotine delivery system through the
16	mail to children persons under eighteen twenty-one (18 21) – Proof of age of purchaser
17	required – General rule.
18	(a) The distribution, or sale or conveyance of tobacco products and/or electronic nicotine
19	delivery systems products as defined in chapter 20 of Title 44 to children persons under the age of
20	eighteen twenty-one (18 21) via the United States Postal Service, or by any other public or private
21	postal or package delivery service, shall be prohibited.
22	(b) Any person, including but not limited to online retailers, selling or distributing
23	tobacco products in the form of cigars, pipe tobacco, chewing tobacco, or snuff, or electronic
24	nicotine delivery systems directly to a consumer via the United States Postal Service, or by any
25	other public or private postal or package delivery service, including orders placed by mail,
26	telephone, facsimile, or internet, shall: (1) before distributing or selling the tobacco product
27	through any of these means, receive both a copy of a valid form of government identification
28	showing date of birth to verify the purchaser is age eighteen twenty-one (1821) years or over and
29	an attestation from the purchaser certifying that the information on the government identification
30	truly and correctly identifies the purchaser and the purchaser's current address, and (2) deliver the
31	tobacco product to the address of the purchaser given on the valid form of government
32	identification and by a postal or package delivery service method that either limits delivery to that
33	purchaser and requires the purchaser to sign personally to receive the delivery or requires a
34	signature of an adult at the purchaser's address to deliver the package.
	LC003746 - Page 599 of 621
1	(c) The attorney general shall bring an action for any violation of this chapter. Any
2	distribution, or sale, or conveyance of a tobacco product or electronic nicotine delivery system to
3	a child person under eighteen twenty-one (18 21) years of age via the United States Postal
4	Service, or by any other public or private postal or package delivery service, shall be subject to an
5	action against the distributor, or seller, or conveyor by the attorney general of the state of Rhode
6	Island. A minimum fine of one thousand dollars ($1,000) shall be assessed against any
7	distributor, or seller or conveyor convicted of distributing, or selling or conveying tobacco
8	products via the United States postal service, or by any other public or private postal or package
9	delivery service, for each delivery, or sale or conveyance of a tobacco product to a child person
10	under eighteentwenty-one (18 21) years of age.
11	(d) For the purpose of this section, "distribution," "distributing," "selling" and "sale" do
12	not include the acts of the United States Postal Service or other common carrier when engaged in
13	the business of transporting and delivering packages for others or the acts of a person, whether
14	compensated or not, who transports or delivers a package for another person without any reason
15	to know of the package's contents.
16	(e) Any delivery sale of cigarettes shall be made pursuant to the provisions of chapter
17	20.1 of title 44. The provisions of this section shall apply to each tobacco product listed in
18	subsection (b) herein, but shall not apply to any delivery sale of cigarettes.
19	11-9-13.13. Nature and size of penalties.
20	(a) Any person or individual who violates a requirement of § 11-9-13.6(2), display of
21	specific signage, shall be subject to a fine in court of not less than thirty-five one hundred dollars
22	($35.00 100.00), nor more than five hundred dollars ($500), per civil violation.
23	(b) The license holder is responsible for all violations of this section that occur at the
24	location for which the license is issued. Any license holder who or that violates the prohibition of
25	§ 11-9-13.8(1) and/or (2) or § 11-9-13.20 shall be subject to civil fines as follows:
26	(1) A fine of two hundred fifty five hundred dollars ($250500) for the first violation
27	within any thirty-six-month (36) period;
28	(2) A fine of five hundred one thousand dollars ($500 1,000) for the second violation
29	within any thirty-six-month (36) period;
30	(3) A fine of one two thousand dollars ($1,000 2,000) and a fourteen-day (14) suspension
31	of the license to sell tobacco products or electronic nicotine-delivery systems for the third
32	violation within any thirty-six-month (36) period;
	LC003746 - Page 600 of 621
1	(4) A fine of one thousand five hundred three thousand dollars ($1,500 3,000) and a
2	ninety-day (90) suspension of the license to sell tobacco products or electronic nicotine-delivery
3	systems for each violation in excess of three (3).
4	(c) Any person who or that violates a prohibition of § 11-9-13.8(3), sale of single
5	cigarettes; or § 11-9-13.8(2), regarding factory-wrapped packs as sealed and certified by the
6	manufacturer; shall be subject to a penalty of five hundred one thousand dollars ($5001,000) for
7	each violation.
8	(d) The department of taxation and/or the department of health shall not issue a license to
9	any individual, business, firm, association, or corporation, the license of which has been revoked
10	or suspended; to any corporation, an officer of which has had his or her license revoked or
11	suspended; or to any individual who is, or has been, an officer of a corporation the license of
12	which has been revoked or suspended so long as such revocations or suspensions are in effect.
13	(e) The court shall suspend the imposition of a license suspension of the license secured
14	from the Rhode Island tax administrator for violation of subsections (b)(3) and (b)(4) of this
15	section if the court finds that the license holder has taken measures to prevent the sale of tobacco
16	and/or electronic nicotine-delivery systems to minors persons under the age of twenty-one (21)
17	and the license holder can demonstrate to the court that those measures have been taken and that
18	employees have received training. No person shall sell tobacco products and/or electronic
19	nicotine-delivery system products at retail without first being trained in the legal sale of tobacco
20	and/or electronic nicotine-delivery system products. Training shall teach employees what
21	constitutes a tobacco and/or electronic nicotine-delivery system product; legal age of purchase;
22	acceptable identification; how to refuse a direct sale to a person under twenty-one (21) years of
23	age minor or secondary sale to an adult; and all applicable laws on tobacco sales and distribution.
24	Dealers shall maintain records indicating that the provisions of this section were reviewed with all
25	employees who conduct, or will conduct, tobacco and/or electronic nicotine-delivery systems
26	sales. Each employee who sells or will sell tobacco and/or electronic nicotine-delivery system
27	products shall sign an acknowledgement form attesting that the provisions of this section were
28	reviewed with him or her. Each form shall be maintained by the retailer for as long as the
29	employee is so employed and for no less than one year after termination of employment. The
30	measures to prevent the sale of tobacco and/or electronic nicotine-delivery systems to persons
31	under twenty-one (21) years of age minors shall be defined by the department of behavioral
32	healthcare, developmental disabilities and hospitals in rules and regulations.
	LC003746 - Page 601 of 621
1	11-9-13.15. Penalty for operating without a dealer license.
2	(a) Any individual or business who or that violates this chapter by selling or conveying a
3	tobacco product or electronic nicotine delivery systems product without a retail tobacco products
4	dealer license shall be cited for that violation and shall be required to appear in court for a hearing
5	on the citation.
6	(b) Any individual or business cited for a violation under this section of this chapter shall:
7	(1) Either post a two-thousand-five-hundred-dollar ($2,500) bond with the court within
8	ten (10) days of the citation; or
9	(2) Sign and accept the citation indicating a promise to appear in court.
10	(c) An individual or business who or that has accepted the citation may:
11	(1) Pay a ten-thousand-dollar ($10,000) fine, either by mail or in person, within ten (10)
12	days after receiving the citation; or
13	(2) If that individual or business has posted a bond, forfeit the bond by not appearing at
14	the scheduled hearing. If the individual or business cited pays the ten-thousand-dollar ($10,000)
15	fine or forfeits the bond, that individual or business is deemed to have admitted the cited violation
16	and to have waived the right to a hearing on the issue of commission on the violation.
17	(d) The court after a hearing on a citation shall make a determination as to whether a
18	violation has been committed. If it is established that the violation did occur, the court shall
19	impose a ten-thousand-dollar ($10,000) fine, in addition to any court costs or other court fees.
20	11-9-13.20. Packaging of electronic nicotine-delivery system liquid.
21	(a) No liquid, whether or not such liquid contains nicotine, that is intended for human
22	consumption and used in an electronic nicotine-delivery system, as defined in § 11-9-13.4, shall
23	be sold unless the liquid is contained in child-resistant packaging.
24	(b) Any liquid nicotine container that is sold at retail in this state must satisfy the child-
25	resistant effectiveness standards set forth in 16 C.F.R. § 1700.15(b), when tested in accordance
26	with the method described in 16 C.F.R. § 1700.20. All licensees under § 23-1-56 § 44-20-2 shall
27	ensure that any liquid sold by the licensee intended for human consumption and used in an
28	electronic-nicotine delivery system, as defined in § 11-9-13.4, is sold in a liquid nicotine
29	container that meets the requirements described and referenced in this subsection.
30	(c) For the purposes of this section, "liquid nicotine container" means a bottle or other
31	container of a liquid or other substance where the liquid or substance is sold, marketed, or
32	intended for use in a vapor product. A "liquid nicotine container" does not include a liquid or
33	other substance in a cartridge that is sold, marketed, or intended for use in a vapor product,
	LC003746 - Page 602 of 621
1	provided that such cartridge is prefilled and sealed by the manufacturer and not intended to be
2	opened by the consumer.
3	(d) Any licensee or any person required to be licensed under § 23-1-56 § 44-20-2 who or
4	that fails to comply with this section shall be subject to the penalties provided in § 11-9-13.13.
5	(e) The licensee is responsible for all violations of this section that occur at the location
6	for which the license is issued.
7	(f) No licensee or person shall be found in violation of this section if the licensee or
8	person relied in good faith on documentation provided by or attributed to the manufacturer of the
9	packaging of the aforementioned liquid that such packaging meets the requirements of this
10	section.
11	(g) Any product found to be in violation of this chapter shall be considered contraband
12	and subject to the confiscation provisions outlined in § 44-20-15.
13	11-9-14. Use of tobacco by minorspersons under the age of twenty-one.
14	No person under eighteentwenty-one (1821) years of age shall use or possess, when such
15	possession is clearly visible, tobacco in any public street, place, or resort, any tobacco and/or
16	electronic nicotine delivery system in any form whatsoever. Any person under eighteentwenty-
17	one (1821) years of age violating the provisions of this section shall be required to perform up to
18	thirty (30) hours of community service or shall be required to enter into a tobacco treatment
19	program, approved by any local substance abuse prevention task force, at the option of a minor
20	person charged with a violation of this section.
21	SECTION 2. Sections 23-1-55, 23-1-56, 23-1-57, and 23-1-58 of the General Laws in
22	Chapter 23-1 entitled “Department of Health” are hereby repealed.
23	§ 23-1-55. Electronic nicotine delivery system distributor, and dealer licenses
24	required
25	Definitions.
26	Definitions. Whenever used in §§ 23-1-56 to 23-1-58, unless the context requires otherwise:
27	(1) "Dealer" means any person, whether located within or outside of this state, who sells
28	or distributes electronic nicotine-delivery system products to a consumer in this state;
29	(2) "Distributor" means any person:
30	(i) Whether located within or outside of this state, other than a dealer, who sells or
31	distributes electronic nicotine-delivery system products within or into this state. Such term shall
32	not include any electronic nicotine-delivery system products manufacturer, export warehouse
33	proprietor, or importer with a valid permit, if such person sells or distributes electronic nicotine-
	LC003746 - Page 603 of 621
1	delivery system products in this state only to licensed distributors or to an export warehouse
2	proprietor or another manufacturer with a valid permit;
3	(ii) Selling electronic nicotine-delivery system products directly to consumers in this state
4	by means of at least twenty-five (25) electronic nicotine-delivery system product vending
5	machines;
6	(iii) Engaged in this state in the business of manufacturing electronic nicotine-delivery
7	system products or any person engaged in the business of selling electronic nicotine-delivery
8	system products to dealers, or to other persons, for the purpose of resale only; provided that
9	seventy-five percent (75%) of all electronic nicotine-delivery system products sold by that person
10	in this state are sold to dealers or other persons for resale and selling electronic nicotine-delivery
11	system products directly to at least forty (40) dealers or other persons for resale; or
12	(iv) Maintaining one or more regular places of business in this state for that purpose;
13	provided, that seventy-five percent (75%) of the sold electronic nicotine-delivery system products
14	are purchased directly from the manufacturer and selling electronic nicotine-delivery system
15	products directly to at least forty (40) dealers or other persons for resale;
16	(3) "Electronic nicotine-delivery system" means the products as defined in § 11-9-
17	13.4(15).
18	§ 23-1-56. License.
19	(a) Each person engaging in the business of selling electronic nicotine-delivery system
20	products in the state, including any distributor or dealer, shall secure a license annually from the
21	department before engaging in that business or continuing to engage in it. A separate application
22	and license is required for each place of business operated by a distributor or dealer. If the
23	applicant for a license does not have a place of business in this state, the license shall be issued
24	for such applicant's principal place of business, wherever located. A licensee shall notify the
25	department within thirty (30) days in the event that it changes its principal place of business. A
26	separate license is required for each class of business if the applicant is engaged in more than one
27	of the activities required to be licensed by this section. No person shall maintain or operate, or
28	cause to be operated, a vending machine for electronic nicotine-delivery systems without
29	procuring a dealer's license for each machine.
30	(b) The director shall have authority to set a reasonable fee not to exceed twenty-five
31	dollars ($25.00) for the issuance of the license.
32	(c) Each issued license shall be prominently displayed on the premises, if any, covered by
33	the license.
	LC003746 - Page 604 of 621
1	(d) The director shall create and maintain a website setting forth the identity of all
2	licensed persons under this section, itemized by type of license possessed, and shall update the
3	site no less frequently than six (6) times per year.
4	(e) A manufacturer or importer may sell or distribute electronic nicotine-delivery systems
5	to a person located or doing business within the state only if such person is a licensed distributor.
6	An importer may obtain electronic nicotine-delivery systems only from a licensed manufacturer.
7	A distributor may sell or distribute electronic nicotine-delivery systems to a person located or
8	doing business within this state only if such person is a licensed distributor or dealer. A
9	distributor may obtain electronic nicotine-delivery systems only from a licensed manufacturer,
10	importer, or distributor. A dealer may obtain electronic nicotine-delivery systems only from a
11	licensed distributor.
12	(f)(1) No license under this chapter may be granted, maintained, or renewed if the
13	applicant, or any combination of persons owning directly or indirectly any interests in the
14	applicant:
15	(i) Is delinquent in any tax filings for one month or more; or
16	(ii) Had a license under this chapter revoked within the past two (2) years.
17	(2) No person shall apply for a new license, or renewal of a license and no license shall
18	be issued or renewed for any person, unless all outstanding fines, fees, or other charges relating to
19	any license held by that person have been paid.
20	(3) No license shall be issued relating to a business at any specific location until all prior
21	licenses relating to that location have been officially terminated and all fines, fees, or charges
22	relating to the prior licenses have been paid or otherwise resolved or if the director has found that
23	the person applying for the new license is not acting as an agent for the prior licensee who is
24	subject to any such related fines, fees, or charges that are still due. Evidence of such agency status
25	includes, but is not limited to, a direct familial relationship and/or employment, contractual, or
26	other formal financial or business relationship with the prior licensee.
27	(4) No person shall apply for a new license pertaining to a specific location in order to
28	evade payment of any fines, fees, or other charges relating to a prior license for that location.
29	(5) No new license shall be issued for a business at a specific location for which a license
30	has already issued unless there is a bona fide, good-faith change in ownership of the business at
31	that location.
32	(6) No license or permit shall be issued, renewed or maintained for any person, including
33	the owners of the business being licensed, who has been convicted of violating any criminal law
34	relating to tobacco products and/or electronic nicotine-delivery system products, the payment of
	LC003746 - Page 605 of 621
1	taxes, or fraud, or has been ordered to pay civil fines of more than twenty-five thousand dollars
2	($25,000) for violations of any civil law relating to tobacco products and/or electronic nicotine-
3	delivery system products, the payment of taxes, or fraud.
4	§ 23-1-57. Penalties for unlicensed business.
5	Any distributor or dealer who sells, offers for sale, or possesses with intent to sell,
6	electronic nicotine-delivery system products without a license as provided in § 23-1-56, shall be
7	fined in accordance with the provisions of, and the penalties contained in, § 23-1-58.
8	§ 23-1-58. Penalty for operating without a dealer license.
9	(a) Any individual or business who violates this chapter by selling or conveying an
10	electronic nicotine-delivery system product without a retail license shall be cited for that violation
11	and shall be required to appear in district court for a hearing on the citation.
12	(b) Any individual or business cited for a violation hereunder shall:
13	(1) Either post a five hundred dollar ($500) bond with the district court within ten (10)
14	days of the citation; or
15	(2) Sign and accept the citation indicating a promise to appear in court.
16	(c) An individual or business who or that has accepted the citation may:
17	(1) Pay the five hundred dollar ($500) fine, either by mail or in person, within ten (10)
18	days after receiving the citation; or
19	(2) If that individual or business has posted a bond, forfeit the bond by not appearing at
20	the scheduled hearing. If the individual or business cited pays the five hundred dollar ($500) fine
21	or forfeits the bond, that individual or business is deemed to have admitted the cited violation and
22	to have waived the right to a hearing on the issue of commission on the violation.
23	(d) The court, after a hearing on a citation, shall make a determination as to whether a
24	violation has been committed. If it is established that the violation did occur, the court shall
25	impose a five hundred dollar ($500) fine in addition to any court costs or fees.
26	SECTION 3. Chapter 23-1 of the General Laws entitled “Department of Health” is hereby
27	amended by adding thereto the following sections:
28	23-1-55 Product restrictions on Electronic Nicotine Delivery Systems – Definitions
29	(1) “Characterizing flavor” means a distinguishable taste or aroma imparted either prior
30	to, or during, consumption of an electronic nicotine delivery system product or component part
31	thereof, including, but not limited to, tastes or aromas relating to any fruit, mint, menthol,
32	wintergreen, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice.
33	The determination of whether an electronic nicotine delivery system product has a characterizing
34	flavor shall not be based solely on the use of additives, flavorings, or particular ingredients, but
	LC003746 - Page 606 of 621
1	shall instead consider all aspects of a final product including, but not limited to, taste, flavor and
2	aroma, product labeling, and advertising statements. A flavor shall be presumed to be a
3	characterizing flavor if a dealer or distributor has made a statement or claim directed to
4	consumers or the public about such flavor, whether expressed or implied, that it has a
5	distinguishable taste or aroma (other than the taste or aroma of tobacco).
6	(2) “Contraband” means any electronic nicotine delivery system product found to be in
7	violation of any provision of this chapter and/or as defined title 44 chapter 20 of the general laws.
8	(3) “Electronic nicotine delivery system” means as defined § 11-9-13.4.
9	(4) “Flavored electronic nicotine delivery system” means any electronic nicotine delivery
10	system that imparts a characterizing flavor.
11	23-1-56 Product restrictions on Electronic Nicotine Delivery Systems
12	(a) Prohibition on flavored electronic nicotine delivery systems. The sale, or offer for sale
13	of, or the possession with intent to sell or to offer for sale, flavored electronic nicotine delivery
14	systems to consumers within the State of Rhode Island is hereby prohibited. Compassion centers
15	and licensed cultivators registered with the State of Rhode Island Department of Business
16	Regulations shall be exempt from this provision.
17	(b) Testing and labeling requirements. The department, in consultation with the division
18	of taxation, may promulgate regulations that specify how nicotine and other ingredients in
19	electronic nicotine delivery systems and liquids shall be labeled and tested, including, but not
20	limited to, labeling such products and liquids with nicotine content. The department shall have the
21	authority to require that each of the following be performed by a laboratory that meets its
22	approval: (1) demonstration of nicotine content through testing; and (2) confirmation that the
23	ingredient content through testing and the product labeling are accurate.
24	(c) Restrictions on ingredients. The department, in consultation with the division of
25	taxation, may impose restrictions on the ingredients used in electronic nicotine-delivery systems
26	as set forth in rules and regulations, not inconsistent with law, that carry into effect the provisions
27	of this chapter.
28	(d) Restriction on nicotine content. No person shall sell, distribute, cause to be sold or
29	distributed, or offer for sale to a customer located in the state an electronic nicotine-delivery
30	system product with nicotine content greater than 35 milligrams per milliliter.
31	(e) Exemptions. The provisions of this chapter shall not apply to any product used for
32	research purposes by a bona fide educational or governmental organization. The director may
33	recommend to the general assembly that any electronic nicotine delivery systems proven to be
	LC003746 - Page 607 of 621
1	effective for tobacco cessation by the U.S. Food and Drug Association be exempt from the
2	provisions of § 44-20-13.2 and this chapter.
3	(f) Any product found to be in violation of this chapter shall be considered contraband
4	and subject to the confiscation provisions outlined in § 44-20-15.
5	(g) Any person found to be selling a product found to be in violation of this chapter shall
6	be subject to the penalties outlined in § 44-20-35 and/or 44-20-51 and/or 44-20-51.1.
7	SECTION 4. The title of the General Laws in Chapter 44-20 entitled “Cigarette and
8	Other Tobacco Products Tax” is hereby amended to read as follows:
9	CHAPTER 20
10	CIGARETTE, OTHER TOBACCO PRODUCTS, AND E-LIQUID PRODUCTS TAX
11	SECTION 5. Sections 44-20-1 44-20-2, 44-20-3, 44-20-4, 44-20-5, and 44-20-8.2 of the
12	General Laws in Chapter 44-20 entitled “Cigarette and Other Tobacco Products Tax” are hereby
13	amended to read as follows:
14	44-20-1. Definitions
15	Whenever used in this chapter, unless the context requires otherwise:
16	(1) "Administrator" means the tax administrator;
17	(2) "Cigarettes" means and includes any cigarettes suitable for smoking in cigarette form,
18	and each sheet of cigarette rolling paper, including but not limited to, paper made into a hollow
19	cylinder or cone, made with paper or any other material, with or without a filter suitable for use in
20	making cigarettes;
21	(3) "Dealer" means any person whether located within or outside of this state, who sells
22	or distributes cigarettes and/or other tobacco products and/or electronic nicotine-delivery system
23	products to a consumer in this state;
24	(4) "Distributor" means any person:
25	(A) Whether located within or outside of this state, other than a dealer, who sells or
26	distributes cigarettes and/or other tobacco products and/or electronic nicotine-delivery system
27	products within or into this state. Such term shall not include any cigarette or other tobacco
28	product manufacturer, export warehouse proprietor, or importer with a valid permit under 26
29	U.S.C. § 5712, if such person sells or distributes cigarettes and/or other tobacco products and/or
30	electronic nicotine-delivery system products in this state only to licensed distributors, or to an
31	export warehouse proprietor or another manufacturer with a valid permit under 26 U.S.C. § 5712;
32	(B) Selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery
33	system products directly to consumers in this state by means of at least twenty-five (25) vending
34	machines;
	LC003746 - Page 608 of 621
1	(C) Engaged in this state in the business of manufacturing cigarettes and/or other tobacco
2	products and/or electronic nicotine-delivery system products and/or any person engaged in the
3	business of selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery
4	system products to dealers, or to other persons, for the purpose of resale only; provided, that
5	seventy-five percent (75%) of all cigarettes and/or other tobacco products and/or electronic
6	nicotine-delivery system products sold by that person in this state are sold to dealers or other
7	persons for resale and selling cigarettes and/or other tobacco products and/or electronic nicotine-
8	delivery system products directly to at least forty (40) dealers or other persons for resale; or
9	(D) Maintaining one or more regular places of business in this state for that purpose;
10	provided, that seventy-five percent (75%) of the sold cigarettes and/or other tobacco products
11	and/or electronic nicotine-delivery system products are purchased directly from the manufacturer
12	and selling cigarettes and/or other tobacco products and/or electronic nicotine-delivery system
13	products directly to at least forty (40) dealers or other persons for resale;
14	(5) “E-liquid” and “e-liquid products” mean any liquid or substance placed in or sold for
15	use in an electronic nicotine-delivery system which generally utilizes a heating element that
16	vaporizes or combusts a liquid or other substance containing nicotine or nicotine derivative:
17	(a) whether the liquid or substance contains nicotine or a nicotine derivative; or,
18	(b) whether sold separately or sold in combination with a personal vaporizer, electronic
19	nicotine delivery system or an electronic inhaler.
20	(6) "Electronic nicotine-delivery system" means an electronic device that may be used to
21	simulate smoking in the delivery of nicotine or other substance to a person inhaling from the
22	device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic
23	cigarillo, electronic pipe, electronic hookah, or any related device or any cartridge or other
24	component of such device.
25	(7) "Electronic nicotine-delivery system products" means any combination of electronic
26	nicotine-delivery system and/or e-liquid and/or any derivative thereof, that is not a flavored
27	electronic nicotine delivery system product as defined in § 23-1-56 or an electronic nicotine-
28	delivery system product with nicotine content greater than 35 milligrams per milliliter. Electronic
29	nicotine-delivery system products shall not include Hemp-derived consumable CBD products as
30	defined in § 2-26-3.
31	(58) "Importer" means any person who imports into the United States, either directly or
32	indirectly, a finished cigarette or other tobacco product and/or electronic nicotine-delivery system
33	product for sale or distribution;
	LC003746 - Page 609 of 621
1	(69) "Licensed", when used with reference to a manufacturer, importer, distributor or
2	dealer, means only those persons who hold a valid and current license issued under § 44-20-2 for
3	the type of business being engaged in. When the term "licensed" is used before a list of entities,
4	such as "licensed manufacturer, importer, wholesale dealer, or retailer dealer," such term shall be
5	deemed to apply to each entity in such list;
6	(710) "Manufacturer" means any person who manufactures, fabricates, assembles,
7	processes, or labels a finished cigarette and/or other tobacco products and/or electronic nicotine-
8	delivery system products;
9	(811) "Other tobacco products" (OTP) means any cigars (excluding Little Cigars, as
10	defined in § 44-20.2-1, which are subject to cigarette tax), cheroots, stogies, smoking tobacco
11	(including granulated, plug cut, crimp cut, ready rubbed and any other kinds and forms of tobacco
12	suitable for smoking in a pipe or otherwise), chewing tobacco (including Cavendish, twist, plug,
13	scrap and any other kinds and forms of tobacco suitable for chewing), any and all forms of
14	hookah, shisha and "mu'assel" tobacco, snuff, and shall include any other articles or products
15	made of or containing tobacco, in whole or in part, or any tobacco substitute, except cigarettes;
16	(912) "Person" means any individual, including an employee or agent, firm, fiduciary,
17	partnership, corporation, trust, or association, however formed;
18	(1013) "Pipe" means an apparatus made of any material used to burn or vaporize products
19	so that the smoke or vapors can be inhaled or ingested by the user;
20	(1114) "Place of business" means any location where cigarettes and/or other tobacco
21	products and/or electronic nicotine-delivery system products are sold, stored, or kept, including,
22	but not limited to; any storage room, attic, basement, garage or other facility immediately
23	adjacent to the location. It also includes any receptacle, hide, vessel, vehicle, airplane, train, or
24	vending machine;
25	(1215) "Sale" or "sell" means gifts, exchanges, and barter of cigarettes and/or other
26	tobacco products and/or electronic nicotine-delivery system products. The act of holding, storing,
27	or keeping cigarettes and/or other tobacco products and/or electronic nicotine-delivery system
28	products at a place of business for any purpose shall be presumed to be holding the cigarettes
29	and/or other tobacco products and/or electronic nicotine-delivery system products for sale.
30	Furthermore, any sale of cigarettes and/or other tobacco products and/or electronic nicotine-
31	delivery system products by the servants, employees, or agents of the licensed dealer during
32	business hours at the place of business shall be presumed to be a sale by the licensee;
33	(1316) "Stamp" means the impression, device, stamp, label, or print manufactured,
34	printed, or made as prescribed by the administrator to be affixed to packages of cigarettes, as
	LC003746 - Page 610 of 621
1	evidence of the payment of the tax provided by this chapter or to indicate that the cigarettes are
2	intended for a sale or distribution in this state that is exempt from state tax under the provisions of
3	state law; and also includes impressions made by metering machines authorized to be used under
4	the provisions of this chapter.
5	44-20-2. Manufacturer, iImporter, distributor, dealer, and licenses required-
6	Licenses required.
7	(a) Each manufacturer engaging in the business of selling any electronic nicotine-
8	delivery system products in this state, to the extent not prohibited by federal law, shall secure a
9	license, unless otherwise prohibited by federal law, from the administrator before engaging in
10	that business, or continuing to engage in it.
11	(b) Each person engaging in the business of selling cigarette and/or any tobacco products
12	and/or any electronic nicotine-delivery system products in this state, including any distributor or
13	dealer, shall secure a license from the administrator before engaging in that business, or
14	continuing to engage in it. A separate application and license is required for each place of
15	business operated by a distributor or dealer; provided, that an operator of vending machines for
16	cigarette products is not required to obtain a distributor's license for each machine. If the
17	applicant for a license does not have a place of business in this state, the license shall be issued
18	for such applicant's principal place of business, wherever located. A licensee shall notify the
19	administrator within thirty (30) days in the event that it changes its principal place of business. A
20	separate license is required for each class of business if the applicant is engaged in more than one
21	of the activities required to be licensed by this section. No person shall maintain or operate or
22	cause to be operated a vending machine for cigarette products without procuring a dealer's license
23	for each machine.
24	44-20-3. Penalties for unlicensed business.
25	Any distributor or dealer who sells, offers for sale, or possesses with intent to sell,
26	cigarettes and/or any other tobacco products and/or any electronic nicotine-delivery system
27	products, or manufacturer who sells, offers for sale, or possesses with intent to sell, electronic
28	nicotine-delivery system products, without a license as provided in § 44-20-2, shall be guilty of a
29	misdemeanor, and shall be fined not more than ten thousand dollars ($10,000) for each offense, or
30	be imprisoned for a term not to exceed one (1) year, or be punished by both a fine and
31	imprisonment. Immediately following the enactment of this chapter, any electronic nicotine-
32	delivery system products distributor or dealer, licensed by the department of health pursuant to
33	chapter 1 of title 23 of the Rhode Island general laws, shall be considered licensed for purposes of
34	compliance with this chapter until the renewal date for such distributor or dealer license pursuant
	LC003746 - Page 611 of 621
1	to chapter 1 of title 23 of the Rhode Island general laws occurs; thereafter, such distributors and
2	dealers shall be required to comply with the license requirements in this chapter.
3	44-20-4. Application for license – Display.
4	All licenses are issued by the tax administrator upon approval of application, stating, on
5	forms prescribed by the tax administrator, the information he or she may require for the proper
6	administration of this chapter. Each application for an manufacturer, importer's, or distributor's
7	license shall be accompanied by a fee of one thousand dollars ($1,000); provided, that for a
8	distributor who does not affix stamps, the fee shall be one four hundred dollars ($100400); each
9	application for a dealer's license shall be accompanied by an application fee of twenty-seventy-
10	five dollars ($275.00) and a license fee of four-hundred dollars ($400.00). Each issued license
11	shall be prominently displayed on the premises within this state, if any, covered by the license. In
12	the instance of an application for a distributor's license, the administrator shall require, in addition
13	to other information as may be deemed necessary, the filing of affidavits from three (3) cigarette
14	manufacturers with national distribution stating that the manufacturer will supply the distributor if
15	the applicant is granted a license.
16	44-20-5. Duration of manufacturer’s, importer's, distributor’s and dealer's licenses
17	– Renewal.
18	(a) Any manufacturer, importer, or distributor license and any license issued by the tax
19	administrator authorizing a dealer to sell cigarettes and/or other tobacco products and/or
20	electronic nicotine-delivery system products or a manufacturer to sell electronic nicotine-delivery
21	system products in this state shall expire at midnight on June 30 next succeeding the date of
22	issuance unless (1) suspended or revoked by the tax administrator, (2) the business with respect to
23	which the license was issued changes ownership, (3) the manufacturer, importer, distributor or
24	dealer ceases to transact the business for which the license was issued, or (4) after a period of
25	time set by the administrator; provided such period of time shall not be longer than three (3)
26	years, in any of which cases the license shall expire and terminate and the holder shall
27	immediately return the license to the tax administrator.
28	(b) Every holder of a dealer's license shall annually, on or before February 1 of each year,
29	renew its license by filing an application for renewal along with a twenty-five four hundred dollar
30	($25.00) ($400) renewal fee. The renewal license is valid for the period July 1 of that calendar
31	year through June 30 of the subsequent calendar year.
32	44-20-8.2. Transactions only with licensed manufacturers, importers, distributors,
33	and dealers.
	LC003746 - Page 612 of 621
1	A manufacturer or importer may sell or distribute cigarettes and/or other tobacco
2	products to a person located or doing business within this state, only if such person is a licensed
3	importer or distributor. A manufacturer may sell or distribute electronic nicotine-delivery system
4	products to a person located or doing business within this state only if such person is a licensed
5	manufacturer. An importer may obtain cigarettes and/or other tobacco products and/or e-liquid
6	products only from a licensed manufacturer. A distributor may sell or distribute cigarettes and/or
7	other tobacco products and/or e-liquid products to a person located or doing business within this
8	state, only if such person is a licensed distributor or dealer. A distributor may obtain cigarettes
9	and/or other tobacco products and/or e-liquid products only from a licensed manufacturer,
10	importer, or distributor. A dealer may obtain cigarettes and/or other tobacco products and/or e-
11	liquid products only from a licensed distributor.
12	SECTION 6. Effective August 1, 2020 unless otherwise specified herein, sections 44-20-
13	12 444-20-12.7, 4-20-13, 44-20-13.2, 44-20-15, 44-20-33, 44-20-35, 44-20-40, 44-20-40.1, 44-
14	20-43, 44-20-45, 44-20-47, and 44-20-51.1 of the General Laws in Chapter 44-20 entitled
15	“Cigarette and Other Tobacco Products Tax” are hereby amended to read as follows:
16	44-20-12. Tax imposed on cigarettes sold.
17	A tax is imposed on all cigarettes sold or held for sale in the state. The payment of the tax
18	to be evidenced by stamps, which may be affixed only by licensed distributors to the packages
19	containing such cigarettes. Any cigarettes on which the proper amount of tax provided for in this
20	chapter has been paid, payment being evidenced by the stamp, is not subject to a further tax under
21	this chapter. The tax is at the rate of two hundred twelve and one-half (212.5) two hundred thirty
22	(230) mills for each cigarette.
23	44-20-12.7. Floor stock tax on cigarettes and stamps
24	(a) Each person engaging in the business of selling cigarettes at retail in this state shall
25	pay a tax or excise to the state for the privilege of engaging in that business during any part of the
26	calendar year 2020. In calendar year 2020, the tax shall be measured by the number of cigarettes
27	held by the person in this state at 12:01 a.m. on August 1, 2020 and is computed at the rate of
28	seventeen and one-half (17.5) mills for each cigarette on August 1, 2020.
29	(b) Each distributor licensed to do business in this state pursuant to this chapter shall pay
30	a tax or excise to the state for the privilege of engaging in that business during any part of the
31	calendar year 2020. The tax is measured by the number of stamps, whether affixed or to be
32	affixed to packages of cigarettes, as required by § 44-20-28. In calendar year 2020 the tax is
33	measured by the number of stamps, whether affixed or to be affixed, held by the distributor at
	LC003746 - Page 613 of 621
1	12:01 a.m. on August 1, 2020, and is computed at the rate of seventeen and one-half (17.5) mills
2	per cigarette in the package to which the stamps are affixed or to be affixed.
3	(c) Each person subject to the payment of the tax imposed by this section shall, on or
4	before August 15, 2020, file a return, under oath or certified under the penalties of perjury, with
5	the tax administrator on forms furnished by him or her, showing the amount of cigarettes and the
6	number of stamps in that person's possession in this state at 12:01 a.m. on August 1, 2020, as
7	described in this section above, and the amount of tax due, and shall at the time of filing the
8	return pay the tax to the tax administrator. Failure to obtain forms shall not be an excuse for the
9	failure to make a return containing the information required by the tax administrator.
10	(d) The tax administrator may prescribe rules and regulations, not inconsistent with law
11	regarding the assessment and collection of the tax imposed by this section.
12	44-20-13. Tax imposed on unstamped cigarettes.
13	A tax is imposed at the rate of two hundred twelve and one-half (212.5) two hundred
14	thirty (230) mills for each cigarette upon the storage or use within this state of any cigarettes not
15	stamped in accordance with the provisions of this chapter in the possession of any consumer
16	within this state.
17	44-20-13.2. Tax imposed on other tobacco products, smokeless tobacco, cigars, and
18	pipe tobacco products, and e-liquid products.
19	(a) A tax is imposed on all other tobacco products, smokeless tobacco, cigars, and pipe
20	tobacco products, and e-liquid products sold, or held for sale in the state by any person, the
21	payment of the tax to be accomplished according to a mechanism established by the
22	administrator, division of taxation, department of revenue. The tax imposed by this section shall
23	be as follows:
24	(1) At the rate of eighty percent (80%) of the wholesale cost of other tobacco products,
25	cigars, pipe tobacco products, and smokeless tobacco other than snuff.
26	(2) Notwithstanding the eighty percent (80%) rate in subsection (a) above, in the case of
27	cigars, the tax shall not exceed fifty eighty cents ($.580) for each cigar.
28	(3) At the rate of one dollar ($1.00) per ounce of snuff, and a proportionate tax at the like
29	rate on all fractional parts of an ounce thereof. Such tax shall be computed based on the net
30	weight as listed by the manufacturer; provided, however, that any product listed by the
31	manufacturer as having a net weight of less than 1.2 ounces shall be taxed as if the product has a
32	net weight of 1.2 ounces.
33	(4) Effective September 1, 2020, at the rate of eighty percent (80%) of the wholesale cost
34	of e-liquid products as defined herein.
	LC003746 - Page 614 of 621
1	(b) Any dealer having in his or her possession any other tobacco products with respect to
2	the storage or use of which a tax is imposed by this section shall, within five (5) days after
3	coming into possession of the other tobacco products in this state, file a return with the tax
4	administrator in a form prescribed by the tax administrator. The return shall be accompanied by a
5	payment of the amount of the tax shown on the form to be due.
6	(c) Records required under this section shall be preserved on the premises described in
7	the relevant license in such a manner as to ensure permanency and accessibility for inspection at
8	reasonable hours by authorized personnel of the administrator.
9	(dc) The proceeds collected are paid into the general fund.
10	44-20-15. Confiscation of contraband cigarettes, other tobacco products, e-liquid
11	products, and other property.
12	(a) All cigarettes, and other tobacco products, and/or e-liquid products that are held for
13	sale or distribution within the borders of this state in violation of the requirements of this chapter
14	are declared to be contraband goods and may be seized by the tax administrator or his or her
15	agents, or employees, or by any sheriff, or his or her deputy, or any police officer when directed
16	by the tax administrator to do so, without a warrant. All contraband goods seized by the state
17	under this chapter shall be destroyed.
18	(b) All fixtures, equipment, and all other materials and personal property on the premises
19	of any distributor or dealer who, with the intent to defraud the state, fails to keep or make any
20	record, return, report, or inventory; keeps or makes any false or fraudulent record, return, report,
21	or inventory required by this chapter; refuses to pay any tax imposed by this chapter; or attempts
22	in any manner to evade or defeat the requirements of this chapter shall be forfeited to the state.
23	44-20-33. Sale of contraband cigarettes, or contraband other tobacco products or
24	contraband e-liquid products prohibited.
25	No distributor shall sell, and no other person shall sell, offer for sale, display for sale, or
26	possess with intent to sell any contraband other tobacco products without written record of the
27	payment of tax imposed by this chapter, or contraband e-liquid products without written record of
28	the payment of tax imposed by this chapter or contraband cigarettes, the packages or boxes of
29	which do not bear stamps evidencing the payment of the tax imposed by this chapter.
30	44-20-35. Penalties for violations as to unstamped contraband cigarettes, or
31	contraband other tobacco products, or contraband e-liquid products.
32	(a) Any person who violates any provision of §§ 44-20-33, and 44-20-34 and/or 23-1-56
33	shall be fined or imprisoned, or both fined and imprisoned, as follows:
	LC003746 - Page 615 of 621
1	(1) For a first offense in a twenty-four-month (24) period, fined not more than ten (10)
2	times the retail value of the contraband cigarettes, contraband e-liquid products, and/or
3	contraband other tobacco products, or be imprisoned not more than one (1) year, or be both fined
4	and imprisoned;
5	(2) For a second or subsequent offense in a twenty-four-month (24) period, fined not
6	more than twenty-five (25) times the retail value of the contraband cigarettes, contraband e-liquid
7	products and/or contraband other tobacco products, or be imprisoned not more than three (3)
8	years, or be both fined and imprisoned.
9	(b) When determining the amount of a fine sought or imposed under this section,
10	evidence of mitigating factors, including history, severity, and intent shall be considered.
11	44-20-40. Records – Investigation and inspection of books, premises and stock.
12	(a) Each manufacturer, importer, distributor, and dealer shall maintain copies of invoices
13	or equivalent documentation for, or itemized for, each of its facilities for each transaction (other
14	than a retail transaction with a consumer) involving the sale, purchase, transfer, consignment, or
15	receipt of cigarettes, other tobacco products and e-liquid products. The invoices or documentation
16	shall show the name and address of the other party and the quantity by brand style of the
17	cigarettes, other tobacco products and e-liquid products involved in the transaction. All records
18	and invoices required under this section must be safely preserved for three (3) years in a manner
19	to insure permanency and accessibility for inspection by the administrator or his or her authorized
20	agents.
21	(b) Records required under this section shall be preserved on the premises described in
22	the relevant license in such a manner as to ensure permanency and accessibility for inspection at
23	reasonable hours by authorized personnel of the administrator. With the administrator's
24	permission, persons with multiple places of business may retain centralized records but shall
25	transmit duplicates of the invoices
26	or the equivalent documentation to each place of business within twenty-four (24) hours upon the
27	request of the administrator or his or her designee.
28	(c) The administrator or his or her authorized agents may examine the books, papers,
29	reports and records of any manufacturer, importer, distributor or dealer in this state for the
30	purpose of determining whether taxes imposed by this chapter have been fully paid, and may
31	investigate the stock of cigarettes, other tobacco products and/or electronic nicotine-delivery
32	system products in or upon any premises for the purpose of determining whether the provisions of
33	this chapter are being obeyed. The administrator in his or her sole discretion may share the
	LC003746 - Page 616 of 621
1	records and reports required by such sections with law enforcement officials of the federal
2	government or other states.
3	44-20-40.1. Inspections.
4	(a) The administrator or his or her duly authorized agent shall have authority to enter and
5	inspect, without a warrant during normal business hours, and with a warrant during nonbusiness
6	hours, the facilities and records of any manufacturer, importer, distributor or dealer.
7	(b) In any case where the administrator or his or her duly authorized agent, or any police
8	officer of this state, has knowledge or reasonable grounds to believe that any vehicle is
9	transporting cigarettes, or other tobacco products or contraband e-liquid products in violation of
10	this chapter, the administrator, such agent, or such police officer, is authorized to stop such
11	vehicle and to inspect the same for contraband cigarettes, or contraband other tobacco products or
12	contraband e-liquid products.
13	44-20-43. Violations as to reports and records.
14	Any person who fails to submit the reports required in this chapter or by the tax
15	administrator under this chapter, or who makes any incomplete, false, or fraudulent report, or who
16	refuses to permit the tax administrator or his or her authorized agent to examine any books,
17	records, papers, or stocks of cigarettes, or other tobacco products or electronic nicotine-delivery
18	system products as provided in this chapter, or who refuses to supply the tax administrator with
19	any other information which the tax administrator requests for the reasonable and proper
20	enforcement of the provisions of this chapter, shall be guilty of a misdemeanor punishable by
21	imprisonment up to one (1) year, or a fine of not more than five thousand dollars ($5,000), or
22	both, for the first offense, and for each subsequent offense, shall be fined not more than ten
23	thousand dollars ($10,000), or be imprisoned not more than five (5) years, or both.
24	44-20-45. Importation of cigarettes, and/or other tobacco products, and/or e-liquid
25	products with intent to evade tax.
26	Any person, firm, corporation, club, or association of persons who or that orders any
27	cigarettes, and/or other tobacco products, and/or electronic nicotine-delivery system products for
28	another; or pools orders for cigarettes, and/or other tobacco products, and/or electronic nicotine-
29	delivery system products from any persons; or conspires with others for pooling orders; or
30	receives in this state any shipment of contraband cigarettes, and/or contraband other tobacco
31	products, and/or contraband e-liquid products on which the tax imposed by this chapter has not
32	been paid, for the purpose and intention of violating the provisions of this chapter or to avoid
33	payment of the tax imposed in this chapter, is guilty of a felony and shall be fined one hundred
34	thousand dollars ($100,000) or five (5) times the retail value of the cigarettes, other tobacco
	LC003746 - Page 617 of 621
1	products, and/or e-liquid products involved, whichever is greater, or imprisoned not more than
2	fifteen (15) years, or both.
3	44-20-47. Hearings by tax administrator.
4	Any person aggrieved by any action under this chapter of the tax administrator or his or
5	her authorized agent for which a hearing is not elsewhere provided may apply to the tax
6	administrator, in writing, within thirty (30) days of the action for a hearing, stating the reasons
7	why the hearing should be granted and the manner of relief sought. The tax administrator shall
8	notify the applicant of the time and place fixed for the hearing. After the hearing, the tax
9	administrator may make the order in the premises as may appear to the tax administrator just and
10	lawful and shall furnish a copy of the order to the applicant. The tax administrator may, by notice
11	in writing, at any time, order a hearing on his or her own initiative and require the taxpayer or any
12	other individual whom the tax administrator believes to be in possession of information
13	concerning any manufacture, importation, or sale of; cigarettes, other tobacco products, and/or e-
14	liquid products to appear before the tax administrator or his or her authorized agent with any
15	specific books of account, papers, or other documents, for examination relative to the hearing.
16	44-20-51.1. Civil penalties.
17	(a) Whoever omits, neglects, or refuses to comply with any duty imposed upon him/her
18	by this chapter, or to do, or cause to be done, any of the things required by this chapter, or does
19	anything prohibited by this chapter, shall, in addition to any other penalty provided in this
20	chapter, be liable as follows:
21	(1) For a first offense in a twenty-four-month (24) period, a penalty of not more than ten
22	(10) times the retail value of the cigarettes, and/or other tobacco products and/or e-liquid products
23	involved; and
24	(2) For a second or subsequent offense in a twenty-four-month (24) period, a penalty of
25	not more than twenty-five (25) times the retail value of the cigarettes, and/or other tobacco
26	products and/or contraband e-liquid products involved.
27	(b) Whoever fails to pay any tax imposed by this chapter at the time prescribed by law or
28	regulations, shall, in addition to any other penalty provided in this chapter, be liable for a penalty
29	of one thousand dollars ($1,000) or not more than five (5) times the tax due but unpaid,
30	whichever is greater.
31	(c) When determining the amount of a penalty sought or imposed under this section,
32	evidence of mitigating or aggravating factors, including history, severity, and intent, shall be
33	considered.
	LC003746 - Page 618 of 621
1	SECTION 7. Effective July 1, 2020, section 44-20.1-3 of the General Laws in Chapter
2	44-20.1 entitled “Delivery Sales of Cigarettes” is hereby amended to read as follows:
3	44-20.1-3. Age Verification requirements.
4	(a) No person, including but not limited to online retailers, shall mail, ship, or otherwise
5	deliver cigarettes, other tobacco products, or electronic nicotine delivery systems in connection
6	with a delivery sale unless such person prior to the first delivery sale to such consumer:
7	(1) Obtains from the prospective consumer a certification that includes:
8	(i) A reliable confirmation that the consumer is at least the legal minimum purchase age;
9	and
10	(ii) A statement signed by the prospective consumer in writing that certifies the
11	prospective consumer's address and that the consumer is at least eighteen twenty-one (1821) years
12	of age. Such statement shall also confirm:
13	(A) That the prospective consumer understands that signing another person's name to
14	such certification is illegal;
15	(B) That the sale of cigarettes to individuals under the legal minimum purchase age is
16	illegal;
17	(C) That the purchase of cigarettes by individuals under the legal minimum purchase age
18	is illegal under the laws of the state; and
19	(D) That the prospective consumer wants to receive mailings from a tobacco company;
20	(2) Makes a good faith effort to verify the information contained in the certification
21	provided by the prospective consumer pursuant to subsection (1) against a commercially available
22	database, or obtains a photocopy or other image of the valid, government-issued identification
23	stating the date of birth or age of the individual placing the order;
24	(3) Provides to the prospective consumer, via e-mail or other means, a notice that meets
25	the requirements of § 44-20.1-4; and
26	(4) In the case of an order for cigarettes pursuant to an advertisement on the Internet,
27	receives payment for the delivery sale from the prospective consumer by a credit or debit card
28	that has been issued in such consumer's name or by check.
29	(b) Persons accepting purchase orders for delivery sales may request that the prospective
30	consumers provide their e-mail addresses.
31	(c) The division of taxation, in consultation with the department of health, may
32	promulgate rules and regulations pertaining to this section.
33	SECTION 8. Section 45-6-1 of the General Laws in Chapter 45-6 entitled “Ordinances” is
34	hereby amended to read as follows:
	LC003746 - Page 619 of 621
1	45-6-1. Scope of ordinances permissible.
2	(a) Town and city councils may, from time to time, make and ordain all ordinances and
3	regulations for their respective towns and cities, not repugnant to law, which they deem necessary
4	for the safety of their inhabitants from fire, firearms, and fireworks; to regulate the use and sale of
5	cigarettes, other tobacco products, and electronic nicotine delivery systems; to prevent persons
6	standing on any footwalk, sidewalk, doorstep, or in any doorway, or riding, driving, fastening, or
7	leaving any horse or other animal or any carriage, team, or other vehicle on any footwalk,
8	sidewalk, doorstep, or doorway within the town or city, to the obstruction, hindrance, delay,
9	disturbance, or annoyance of passersby or of persons residing or doing business in this vicinity; to
10	regulate the putting up and maintenance of telegraph and other wires and their appurtenances; to
11	prevent the indecent exposure of any one bathing in any of the waters within their respective
12	towns and cities; against breakers of the Sabbath; against habitual drunkenness; respecting the
13	purchase and sale of merchandise or commodities within their respective towns and cities; to
14	protect burial grounds and the graves in these burial grounds from trespassers; and, generally, all
15	other ordinances, regulations and bylaws for the well ordering, managing, and directing of the
16	prudential affairs and police of their respective towns and cities, not repugnant to the constitution
17	and laws of this state, or of the United States.
18	(b) Town and city councils shall furnish to their senators and representatives, upon
19	request and at no charge, copies and updates of all ordinances and regulations.
20	(c) In lieu of newspaper publication, advance notice of proposed adoption, amendment,
21	or repeal of any ordinance or regulation by a municipality may be provided via electronic media
22	on a website maintained by the office of the secretary of state.
23	SECTION 9. SECTIONS 1 and 7 shall be effective July 1, 2020. SECTION 6 shall be
24	effective August 1, 2020. All other sections of this article shall take effect upon passage.
	LC003746 - Page 620 of 621
1	ARTICLE 22
2	RELATING TO EFFECTIVE DATE
3	SECTION 1. This act shall take effect as of July 1, 2020, except as otherwise provided
4	herein.
5	SECTION 2. This article shall take effect upon passage.
	========
	LC003746
	========
	LC003746 - Page 621 of 621