2016 Annual Report

 

 

 

1)

Section

Amend Chapter Numbers:

 

1-7-9

245 and 265

 

 

1-7-9. Sunset provisions. -- On or before January 31, 2015 2017, the department of environmental management, the department of health health, and the attorney general shall submit to the governor, the speaker of the house house, and the president of the senate, recommendations as to the continuation of the air monitoring required in this act, and unless extended by the general assembly assembly, the corporation's obligation to operate and maintain the air monitoring system will cease on July 31, 2015 2017.


 

 

2)

Section

Amend Chapter Numbers:

 

3-5-16

27 and 31

 

 

3-5-16. Maximum number of licenses. -- (a) (1) The department of business regulation shall have the right and power to limit the number of licenses of each class. The limit shall not exceed the maximum number, if any, of any class of license that is fixed by the licensing boards within their respective towns or cities.

      (2) The number of Class C licenses in any town or city shall not exceed one for each one thousand (1,000) of its inhabitants.

      (3) Every city and town may grant in any year renewals of any license of Class A in operation prior to April 28, 1969, except when renewal of that license is refused for cause, but no further new and original licenses of Class A shall be granted until the number of licenses of Class A outstanding in any city or town has been reduced to less than one for each six thousand (6,000) of its inhabitants (one for each four thousand (4,000) of its inhabitants in any city or town with less than twenty thousand (20,000) inhabitants), as determined by the last census taken under the authority of the United States or the state, by cancellation, revocation, or the failure of holders of those licenses to apply for renewals. After that reduction to less than one for each six thousand (6,000) inhabitants (one for each four thousand (4,000) inhabitants in any town or city with less than twenty thousand (20,000) inhabitants), licenses of Class A may be granted in any year by any city or town only up to a total not exceeding one for each six thousand (6,000) of its inhabitants (one for each four thousand (4,000) of its inhabitants in any town or city with less than twenty thousand (20,000) inhabitants) as determined by census as required in this subsection. However, two (2) Class A licenses may be issued by every city or town of the state irrespective of population and, until the qualified electors of any city or town shall vote to the contrary, one Class A license may be issued in every city or town in this state unless otherwise ordered by the city or town council, except the town of Barrington.

      Any Class A license issued to or held by a Class E licensee pursuant to the provisions of § 3-7-5 shall be included in the total of, and subject to the limit upon the number of, Class A licenses which may be granted by any city or town under this section.

      (b) The transfer of any existing license from the holder of this license to another person shall not be considered as the issuance of a new license under this section.

      (c) The several cities and towns, except those cities and towns that had in effect on June 1, 1971, a limit on the number of retailers' Class B or D licenses, shall not issue any new retailers' Class B or D licenses until May 1, 1972. The provisions of this section shall not apply to any application filed on or before May 30, 1971.


 

 

3)

Section

Amend Chapter Numbers:

 

3-5-27

82 and 105

 

 

3-5-27. Annual reports. -- (a) Boards, bodies or officials in towns or cities issuing licenses under this title shall annually on or before the first day of December, and at any other times required by the department, make a report to the department, which states the number of licenses granted by them lawfully outstanding at the time of the report with the names and addresses of the licensees, and a description of the licensed places, and the amount of money received and any other information required by the department. The department shall, make available, by electronic means, the annual reports filed by said towns and cities to provide those reports to members of the public and general assembly upon request on or before the first day of February in every year, make a report to the governor, for transmission to the general assembly, summarizing in that report the reports filed with it on or before December first and reporting upon its own activities, showing the amount of beverages of various kinds imported into this state by each licensed dealer, and the amount of service charge collected and the general condition affecting the use of beverages in this state.

      (b) The department shall, on or before the first day of February in every year, make available on its website, a report to the governor, for transmission to the general assembly, summarizing in that report its own activities, showing the number of manufacturers and wholesalers licenses granted by it lawfully outstanding at the time of the report with the names and addresses of licensees and a description of the licensed places, and the division of taxation shall report the amount of money received, showing the amount of beverages of various kinds imported into this state by each licensed dealer and the amount of service charge collected and the general condition affecting the use of beverages in this state.


 

 

4)

Section

Amend Chapter Numbers

 

3-7-6.1

256 and 280

 

 

3-7-6.1. Renewal of Class B, Class C, Class D, Class J, Class N and Class P licenses. -- (a) The holder of a Class B, Class C, Class D, Class J, Class N or Class P license who applies before October 1, in any licensing period, for a license of the same class for the next succeeding licensing period shall, prior to filing said application, demonstrate that he or she has complied with the Alcohol Server Training Regulations, alcohol server training regulations, as promulgated by the department of business regulation, as set forth in subsection (b) of this section.

      (b) The department of business regulation shall promulgate rules and regulations requiring that all licenses issued pursuant to this section meet the following minimum Alcohol Server Training Regulations, alcohol server training regulations, requirements:

      (1) All persons who sell or serve alcoholic beverages, beverages; anyone serving in a supervisory capacity over those who sell or serve alcoholic beverages, beverages; anyone whose job description entails the checking of identification for the purchase of alcoholic beverages beverages; and valet parking staff shall receive Alcohol Server Training Regulations, alcohol server training regulations, as set forth herein.

      (2) Any eligible employee of a licensee shall be required to complete certified training within sixty (60) days of the commencement of his or her employment and must attain a minimum score of seventy-five percent (75%). Provided, however, that the city of Pawtucket and the town of Smithfield may require eligible employees to complete the certified training program, prior to employment within the city or town. Individuals certified by an alcohol server training program prior to December 31, 2005 2005, are exempt from the certification requirements herein, not to exceed three (3) years.

      (3) Licensees shall require servers to be recertified every three (3) years.

      (4) As a condition of license renewal, and as part of the license renewal application, each licensee must submit to their municipality information verifying that all persons listed under subsection (b)(1) above of this section and employed by the licensee for more than sixty (60) days in the past year have completed a certified program within the last three (3) years.

      (5) All persons identified under subsection (b) above of this section must have their valid server permits on the premises when engaged in the sale or service of alcoholic beverages.

      (6) Individuals who have been issued a server permit in another jurisdiction by an approved Rhode Island alcohol server training program shall be determined to be in compliance with this section subject to the three (3) year three-year (3) limitation contained herein.

      (c) Only alcohol server training programs that meet the following criteria as determined by the department of mental health, retardation and hospitals behavioral healthcare, developmental disabilities and healthcare may be eligible for certification:

      (1) Training is provided in all basic information relevant to servers, including, but not limited to:

      (i) The physiological effects of alcohol;

      (ii) Alcohol's association with social problems;

      (iii) Coverage of legal requirements related to alcohol service;

      (iv) How to identify patrons who are impaired; and

      (v) Techniques in refusing service to intoxicated patrons.

      (2) Training is provided in more than one medium including, but not limited to, video, training manual, and/or role playing related to refusal of service to intoxicated drinkers.

      (3) Training in preventing sales to underage drinkers, including training in detection of fraudulent identification;

      (4) Training shall entail no less than two (2) hours, and no greater than four (4) hours in duration, with no absentee certification.

      (d) Notwithstanding the criteria established under subsection 3-7-6.1(c), (c) of this section, an Internet or computer-based internet- or computer-based alcohol server training program shall be eligible for certification if the following criteria are met:

      (1) Training in all basic information, as outlined in subdivision 3-7-6.1(c)(1), subsection (c)(1) of this section, is included in the program;

      (2) Training in preventing sales to underage drinkers, including training in detection of fraudulent identification identification, is included in the program; and

      (3) Training program is designed to periodically verify that a trainee has reviewed and obtained a working knowledge of information presented through the Internet internet or computer training program.

      (e) (1) Testing procedures, test content, and grading procedures shall be approved by the department of mental health, retardation and hospitals behavioral healthcare, developmental disabilities and healthcare to insure ensure testing integrity and consistency with program requirements contained in subsection (c) herein. The department of mental health, retardation and hospitals is authorized to audit, in a method it shall determine, any approved server training program.

      (2) Training programs, pursuant to rules and regulations promulgated by the department of mental health, retardation and hospitals, behavioral healthcare, developmental disabilities and healthcare, shall be recertified every three (3) years.

      (3) Server permits shall be issued by the server training programs in a form approved by the department of mental health, retardation and hospitals. Said permits shall include, at a minimum, the name of the server, the date of issuance, and the name of the server training program.

      (f) The department of business regulation shall promulgate and enforce rules and regulations for non-compliance as follows:

      (1) Graduated penalties for licensees for violations within a three (3) year three-year (3) period beginning with an initial written warning for violations within a three (3) year three-year (3) period for a first violation, violation; a written warning for a second (2nd) violation, violation; a fine not to exceed two hundred fifty dollars ($250) for a third (3rd) violation or noncompliance, noncompliance; and a license suspension for subsequent violations.

      (2) For violations within a three (3) year three-year (3) period, graduated penalties for training programs beginning with an initial written warning, a written warning for a second (2nd) violation, and a suspension and/or decertification for a third (3rd) violation or for repeated noncompliance. The department of mental health, retardation and hospitals behavioral healthcare, developmental disabilities and healthcare may forward complaints of violations to the department of business regulation.

      (3) For violations within a three (3) year three-year (3) period, graduated penalties for servers beginning with an initial written warning, warning; a written warning for a second (2nd) violation, violation; and a loss of server training certification for a third (3rd) violation or noncompliance.

      (4) Failure to have a valid server permit on their person shall not constitute a violation, provided, proof of a valid permit is provided within ten (10) days thereof.

      (g) In order to provide for uniformity, any enactment by any government body relating to alcohol server training programs pertaining to Class B, Class C, Class D, Class J, Class N Class N, and P licenses, as provided for herein shall be by statute as enacted by the general assembly.

      (h) The respective departments shall promulgate said regulations no later than October 1, 2005. The department of mental health, retardation and hospitals behavioral healthcare, developmental disabilities and healthcare shall review and certify eligible alcohol server training programs no later than January 1, 2006. The department of mental health, retardation and hospitals behavioral healthcare, developmental disabilities and healthcare shall notify applicants of any deficiencies not later than December 1, 2005. All licensees shall be in compliance with said regulations within ninety


 

 

5)

Section

Amend Chapter Numbers

 

3-8-12

97 and 109

 

 

3-8-12. Expungement of certain criminal records. -- The court records of conviction of any person convicted of a violation of § 3-8-6, 3-8-9, or 3-8-10, while between the age of eighteen (18) to twenty-one (21) shall be expunged. without the requirement of filing a motion pursuant to chapter 1.3 of title 12; provided, that all outstanding court-imposed or court-related fees, fines, costs, assessments, charges and/or any other obligations imposed by the court have been paid and/or satisfied, or are reduced or waived by order of the court. The defendant shall be advised that any and all bail money relating to a case that remains on deposit and is not claimed at the time of expungement shall be escheated to the state's general treasury in accordance with chapter 12 of title 8.


 

 

6)

Section

Amend Chapter Numbers:

 

3-12-1

260 and 275

 

 

3-12-1. Duty of deputy sheriffs, town constables, and police officers -- Action on taxpayer's demand. -- Members of the division of sheriffs, and the city and town sergeants, town constables, officers, or members of the town or city police, and members of the division of state police, police are empowered and it is made their duty to see that the provisions of this title and the rules and regulations made or authorized by the department of business regulation and the division of taxation are enforced within their counties, towns, and cities. It is their special duty to use their utmost efforts to repress and prevent crime by the suppression of unlicensed liquor shops, gambling places, and houses of ill fame, and they shall also do so on the request of any taxpayer of any town or city and may command aid in the execution of the authority conferred. Any officer within the above enumeration who willfully neglects or refuses to perform the duties imposed upon him or her by this section shall be fined not exceeding five hundred dollars ($500) and be rendered ineligible again to be appointed to this position; provided, that the officer may after investigation, before taking any further action at the request of any taxpayer, demand that the taxpayer requesting him or her to act give a bond to secure to that officer reasonable compensation for his or her services and to protect him or her from all costs and damages that may arise from that action.     


 

 

 

 

 

 

7)

Section

Amend Chapter Numbers:

 

3-12-3

260 and 275

 

 

3-12-3. Entry on licensed premises -- Arrest without warrant -- Evidence of unlawful sales. -- The mayor and council of any city or the town council city, or the town council, or either member, or the chief of police of any city or town, or any police officer, or any town constable specially authorized by that city or town council, or any member of the division of state police, or agent of the department of business regulation and the division of taxation, may at any time enter upon the premises of any person licensed under this title, title to ascertain the manner in which that person conducts his or her business and to preserve order; and every chief of police, police officer, town constable or member of the division of state police, has the power to arrest, without a warrant, all persons found actually engaged, in the premises entered, in the commission of any offense in violation of any of the provisions of this title, title and to keep those persons arrested in custody until they can be brought before some magistrate (but for a period not to exceed twenty-four (24) hours) having the proper jurisdiction of that offense in that city or town, town to be dealt with according to law; and whenever any person is seen to drink any beverage in those premises, or in any part of those premises, on any days or hours prohibited, under this title, it is evidence that those beverages were sold and kept for sale by the occupant of those premises or his or her authorized agent.


 

 

8)

Section

Amend Chapter Numbers:

 

4-1-12

260 and 275

 

 

4-1-12. Entry of premises where bird or animal fights are conducted -- Arrest -- Seizure of birds or animals. -- Any deputy sheriff, town sergeant, town constable, police officer officer, or any officer authorized to serve criminal process may enter any place, building, or tenement anywhere within the state, state where there is an exhibition of the fighting of birds or animals, or where preparations are being made for that exhibition, and and, without a warrant, arrest all persons present, present and take possession of the birds or animals engaged in fighting, fighting and all birds or animals found there and intended to be used or engaged in fighting. Those persons shall be kept in custody in jail or other convenient place not more than twenty-four (24) hours, Sundays and legal holidays excepted, at or before the expiration of which time those persons shall be brought before a district court or the superior court


 

 

9)

Section

Amend Chapter Numbers:

 

4-1-20

260 and 275

 

 

4-1-20. Duty of police officers -- Fines paid to society for prevention of cruelty to animals. -- Any deputy sheriff, town constable constable, or police officer shall prosecute all violations of this chapter which that come to his or her knowledge and all fines and forfeitures resulting from the complaint of any officer or agent of the society for the prevention of cruelty to animals Society for the Prevention of Cruelty to Animals under this chapter, shall enure and be paid over to the society in aid of the benevolent objects for which it was incorporated.


 

10)

Section

Repeal Chapter Numbers:

 

4-5-7

60 and 64

 

 

4-5-7.  [Repealed.]


 

 

11)

Section

Repeal Chapter Numbers:

 

4-5-8

60 and 64

 

 

4-5-8. [Repealed.]


 

 

12)

Section

Repeal Chapter Numbers:

 

4-5-10

60 and 64

 

 

4-5-10. [Repealed.]


 

 

13)

Section

Repeal Chapter Numbers:

 

4-5-11

60 and 64

 

 

4-5-11. [Repealed.]


 

 

14)

Section

Repeal Chapter Numbers:

 

4-5-12

60 and 64

 

 

4-5-12. [Repealed.]


 

 

15)

Section

Repeal Chapter Numbers:

 

4-5-13

60 and 64

 

 

4-5-13. [Repealed.]


 

 

16)

Section

Amend Chapter Numbers:

 

4-5-14

60 and 64

 

 

4-5-14. Quarantine of imported cattle -- Intradermic test. -- If after the examination pursuant to § 4-5-13 importation of cattle by any person, firm, corporation, or association, the director of environmental management is of the opinion that any of the cattle examined are afflicted imported are at risk to be infected with tuberculosis, or if he or she has reason to question the accuracy or reliability of the test charts under which the cattle were imported into this state, or if for any other reason he or she believes any of the cattle examined so imported may be affected with tuberculosis, the director, if in his or her judgment that action appears advisable, shall place the cattle in quarantine at their destination or at some other suitable place to be designated by the director, and the cattle shall be held in quarantine for a period of not more than ninety (90) days or until released by order of the director within that period. While those cattle are held in quarantine, the director shall cause them to be tested for tuberculosis with tuberculin by the intradermic test.


 

 

17)

Section

Repeal Chapter Numbers

 

4-10-9

171 and 198

 

 

4-10-9. [Repealed.]


 

 

18)

Section

Amend Chapter Numbers:

 

4-10-11

171 and 198

 

 

4-10-11. License fees. -- The fee for the first license issued to any one individual or corporation in accordance with this chapter shall be twenty-five dollars ($25.00), which entitles the licensee to one set of number plates. The fee for each additional license and set of number plates is two dollars ($2.00).


 

 

19)

Section

Amend Chapter Numbers:

 

4-13.1-2

160 and 183

 

 

4-13.1-2. Definitions. -- As used in §§ 4-13.1-1 -- 4-13.1-14, the following words and terms shall have the following meanings, unless the context indicates another or different meaning or intent:

      (1) "Dog officer" means any person defined by the provisions of chapter 19 of this title.

      (2) "Domestic animals" means animals which that, through extremely long association with humans, have been bred to a degree which that has resulted in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes them unique and distinguishable from wild individuals of their species. Such animals may include include, but are not limited to:

      (i) Domestic dog (Canis familiaris);

      (ii) Domestic cat (Felis catus);

      (iii) Domestic horse (Equus caballus);

      (iv) Domestic ass, burro, and donkey (Equus asinus);

      (v) Domestic cattle (Bos taurus and Bos indicus);

      (vi) Domestic sheep (Ovi aries);

      (vii) Domestic goat (Capra hircus);

      (viii) Domestic swine (Sus scrofa domestica);

      (ix) Llama (lama alama);

      (x) Alpaca (lama pacos);

      (xi) Camels (Camelus bactrianus and Camel dromedarius);

      (xii) Domestic races of European rabbit (Oryctolagus cuniculus);

      (xiii) Domestic races of chickens (Callus gallus);

      (xiv) Domestic races of duck and geese (Anatidae) morphologically distinguishable from wild birds;

      (xv) Domestic races of guinea fowl (Numida meleagris);

      (xvi) Domestic races of peafowl (Pavo scristatus).

      (3) "Enclosure" means a fence or structure of at least six feet (6') in height, forming or causing an enclosure suitable to prevent the entry of young children, and suitable to confine a vicious dog in conjunction with other measures which that may be taken by the owner or keeper, such as tethering of the vicious dog. The enclosure shall be securely enclosed and locked and designed with secure sides, top, and bottom and shall be designed to prevent the animal from escaping from the enclosure.

      (4) "Impounded" means taken into the custody of the public pound in the city or town where the vicious dog is found.

      (5) "Person" means a natural person or any legal entity, including but not limited to, a corporation, firm, partnership, or trust.

      (6) "Vicious dog" means:

      (i) Any dog that, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places;

      (ii) Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of human beings or domestic animals;

      (iii) Any dog that bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal without provocation on public or private property; or

      (iv) Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting that is deemed vicious after it has been properly assessed by the Rhode Island Society for the Prevention of Cruelty to Animals (RISPCA) pursuant to the provisions of § 4-13.1-5(d).

      Notwithstanding the definition of a vicious dog in subsection (6), no dog may be declared vicious in accordance with § 4-13.1-11 if an injury or damage is sustained by a person who, at the time that injury or damage was sustained, was committing a trespass or other tort upon premises occupied by the owner or keeper of the dog, dog; or was teasing, tormenting, provoking, abusing abusing, or assaulting the dog dog; or was committing committing, or attempting to commit commit, a crime crime; or until the society for the prevention of cruelty to animals has an opportunity to assess the dog pursuant to the provisions of § 4-13.1-5(d).

      (v) No dog may be declared vicious if an injury or damage was sustained by a domestic animal which which, at the time that injury or damage was sustained sustained, was teasing, tormenting, provoking, abusing abusing, or assaulting the dog. No dog may be declared vicious if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

      (7) "Guardian" shall mean a person(s) having the same rights and responsibilities of an owner, owner and both terms shall be used interchangeably. A guardian shall also mean a person who possesses, possesses; has title to or an interest in, harbors harbors; or has control, custody custody, or possession of an animal and who is responsible for an animal's safety and well-being.

      (8) "Muzzle" means a device which that shall not cause injury to the dog or interfere with its vision or respiration but shall prevent the dog from biting a person or animal.

      (9) "Serious injury" means any physical injury consisting of a broken bone(s) or permanently disfiguring lacerations requiring stitches, multiple stitches or sutures, or cosmetic surgery.

      (10) "Enclosed area" means an area surrounded by a fence that will prevent the dog from leaving the owner's property.

      (11) "Tie-out" means a cable, rope, light weight light-weight chain, or other means attached to the dog that will prevent the dog from leaving the owner's property.

      (12) "Leash" means a rope, cable, nylon strap, or other means attached to the dog that will provide the owner with control of the dog.


 

 

20)

Section

Amend Chapter Numbers:

 

4-13.1-5

160 and 183

 

 

4-13.1-5. Harboring dogs for dog fighting -- Training dogs to attack humans -- Selling, breeding, or buying dogs. -- (a) No person shall own or harbor any dog for the purpose of dog fighting, fighting; or train, torment, badger, bait, or use any dog for the purpose of causing or encouraging the dog to unprovoked attacks upon human beings or domestic animals.

      (b) No person shall possess with intent to sell, or offer for sale, breed, or buy buy, or attempt to buy buy, within the state any vicious dog.     

     (c) Any dog described in subsection (a) or (b) of this section lawfully seized by a sheriff, deputy sheriff, constable, police officer, agent or officer of the Rhode Island Society for the Prevention of Cruelty to Animals shall be placed in the care of the RISPCA pursuant to the provisions of § 4-1-22 - § 4-1-31.      

     (d) The RISPCA shall utilize a timely process to determine the disposition of the dog and provide for prompt transfer to an appropriate rescue organization or adoptive home with humane euthanization occurring only if the dog's medical and/or behavioral condition warrants such action or it is determined, after reasonable time and effort have been expended, that no appropriate placement for the dog exists


 

 

21)

Section

Amend Chapter Numbers:

 

5-1-10

82 and 105

 

 

5-1-10. Issuance and renewal of certificates. -- (a) Upon payment of the fees required by § 5-1-11, an individual who has complied with §§ 5-1-8 or 5-1-9 is entitled to a certificate of registration indicating that he or she is qualified to practice architecture in this state. Each certificate of registration shall contain the name of the individual to whom it was issued and his or her date of birth.

      (b) Every certificate of registration is valid for a period of two (2) years and expires on the last day of December of each odd numbered odd-numbered year following its issuance. An architect may renew his or her certificate of registration by paying the renewal fee or fees required by § 5-1-11. An architect who fails to renew his or her certificate of registration prior to December 31 may not thereafter renew his or her certificate of registration except upon payment of the renewal fee or fees and the additional fee required by § 5-1-11. The board may require all applicants for renewal to provide the board with information, including, but not limited to, a brief outline setting forth the professional activities of any applicant during a period in which a certificate of registration has lapsed and other evidence of the continued competence and good character of the applicant, all as the board deems necessary.

      (c) A duplicate certificate of registration to replace one which has been lost, destroyed, or mutilated may be issued by the board upon payment of the fee required by § 5-1-11.     


 

 

22)

Section

Amend Chapter Numbers:

 

5-1-11

82 and 105

 

 

5-1-11. Fees -- Payment and disposition. -- (a) The fees paid by an applicant for filing an application for examination, for the examination, for re-examination, for registration pursuant to § 5-1-9, for annual renewal, or for renewal of an expired certificate, or for issuance of a duplicate certificate of registration shall be sixty dollars ($60).

      (b) All fees or other monies collected under the provisions of this chapter shall be deposited as general revenues. The controller is authorized and directed to draw his or her orders upon the general treasurer for payment from the fund, upon receipt by the controller of vouchers authenticated by the chairperson or secretary of the board.

      (c) The fees paid by an applicant for a certificate of authorization pursuant to this section for annual renewal, for renewal of an expired certificate of authorization, or for issuance of a duplicate certificate of authorization, shall be sixty dollars ($60).


 

 

23)

Section

Amend Chapter Numbers:

 

5-2-4

260 and 275

 

 

5-2-4. Providence -- Regulation of bowling alleys. -- The bureau of licenses of the city of Providence may regulate bowling alleys in that city and make orders as to the manner of building and the hours of using bowling alleys; and in case an order is disobeyed, may issue their warrant, directed to the city sergeant or to any town constable, commanding him or her to take up and destroy any bowling alley kept in violation of that order; and every city sergeant or constable to whom a warrant is delivered shall immediately execute the warrant.


 

 

24)

Section

Amend Chapter Numbers:

 

5-3.1-4

82 and 105

 

 

5-3.1-4. Board of accountancy. -- (a) There is created a board of accountancy in and for the state of Rhode Island, to be known as the Rhode Island board of accountancy. The board shall consist of five (5) members. All members shall be appointed by the governor. Membership of the board shall consist of three (3) members who hold certificates and valid permits to practice as certified public accountants in this state and who are in public practice as certified public accountants in this state, and one member who holds an authority and a valid permit to practice as a public accountant in this state unless the governor shall not be able to find a qualified appointee within the class of public accountants at which time the governor shall appoint a certified public accountant. All four (4) of those members shall have at least ten (10) years' experience in a full-time practice of public accountancy. The fifth member shall be from the public sector and shall have professional or practical experience in the use of accounting services and financial statements as to be qualified to evaluate whether the qualifications, activities, and professional practice of those persons and firms regulated under this chapter conform with the standards established to protect the public interest. The board member from the public sector shall be designated as the public's member to the board for the term of service appointed. Except as provided, the term of the members of the board shall be five (5) years. No member of the board shall be associated in the practice of accountancy, either individually or as a member of a firm, with any other member of the board. The members of the Rhode Island board of accountancy appointed and serving under prior law on July 1, 1995, shall serve out the terms for which they were originally appointed as members of the board created by this section. Vacancies occurring during any term shall be filled by appointment by the governor for the unexpired term. Upon the expiration of his or her term of office, a member shall continue to serve until his or her successor has been appointed and has assumed office. The governor shall remove from the board any member whose certificate, authority authority, or permit has been revoked, suspended, or not renewed. No person who has served two (2) consecutive two (2), consecutive, complete terms is eligible for reappointment. Serving the remainder of an unexpired term upon appointment by the governor to fill a vacancy on the board shall not be considered as serving a complete term.

      (b) The board shall elect annually from among its members a chairperson and any other officers that it deems appropriate. The board shall meet at any times and places that are fixed by the board and in any event shall meet no less than four (4) times each year. Three (3) members of the board shall constitute a quorum for the transaction of business. The board shall have a seal which shall be judicially noticed. The board shall retain or arrange for the retention of all applications and documents under oath that are filed with the board, and shall maintain a registry of the names and addresses of all licensees. The board shall keep records of its proceedings, and in any proceeding in court, civil or criminal, arising out of or founded upon of, or founded upon, any provision of this chapter, copies of the records certified as correct under the seal of the board are admissible in evidence.

      (c) Each member of the board shall be reimbursed for actual and necessary expenses incurred in the discharge of those duties, but shall not receive compensation for their services on the board.

      (d) All fees and monies derived under the provisions of this chapter shall be paid to and received by to, and received by, the general treasurer of the state of Rhode Island, who shall keep the monies in a restricted receipt account. All monies in the restricted receipt account shall be used to reimburse the board for expenses incurred in the administration and enforcement of this chapter. The board treasurer is authorized and directed to draw orders upon the general treasurer for payment from the restricted receipt account upon receipt by the board treasurer of vouchers authenticated by the chairperson, vice chairperson, or secretary of the board.

      (e) The board shall file maintain on its website an annual report of its activities with the governor and the general assembly of this state. The report shall include, but not be limited to, a statement of all receipts and disbursements and a listing of all current licensees. The board shall mail a copy of that annual report, upon request, in writing, to any licensee and to any member of the public.

      (f) The board shall prescribe any rules and regulations not inconsistent with the provisions of this chapter that it deems consistent with, or required by, the public welfare and policy established in § 5-3.1-2. Those rules and regulations may include:

      (1) Rules and regulations of procedure for governing the conduct of matters before the board;

      (2) Rules and regulations of professional conduct for establishing and maintaining high standards of competence and integrity in the profession of public accounting;

      (3) Rules and regulations governing educational and experience requirements for the issuance of certificates;

      (4) Rules and regulations establishing requirements for continuing education to promote the professional competence of holders of permits, which the board may require those holders to meet as a condition of their continuing in the practice of public accounting;

      (5) Rules and regulations governing practice units engaged in the practice of public accounting, including, but not limited to, rules and regulations concerning the style, name, title, and affiliation with any other organization, and establishing reasonable standards as to professional liability insurance;

      (6) Rules and regulations for reviewing and monitoring professional performance and conducting peer reviews;

      (7) Any other rules and regulations, which that the board deems necessary or appropriate in exercising its functions under this chapter.

      (g) The promulgation of any rule, regulation, or amendment to it under subsection (f) of this section section, or under any other provision of this chapter chapter, shall be in accordance with § 42-35-3.

      (h) The board may employ any personnel and arrange for any assistance, legal or otherwise, that it requires for the performance of its duties. It may also establish one or more advisory committees as it deems necessary in the performance of its duties. The authority and term of that advisory committee may be permanent or temporary in nature as determined by the board.

      (i) In addition to its rulemaking authority, the board has the power to take all action that is necessary and proper to effectuate the purposes of this chapter, including the power to:

      (1) Sue and be sued in its official name as an agency of this state;

      (2) Investigate all complaints and charges of unprofessional conduct, including, but not limited to, conduct specified under § 5-3.1-12, against any licensee or any applicant for a certificate or permit, and to hold hearings, in accordance with the provisions of § 5-3.1-14, to determine whether those complaints and charges are substantiated;

      (3) Appoint one or more members of the board, legal counsel, and/or an independent investigator to act on behalf of the board in investigating the conduct of any licensee, or of any applicant for a certificate or permit, or in the alternative or, in the alternative, to appoint a probable cause committee to investigate that conduct on its behalf, the committee to be comprised of licensees in good standing, as the board determines; and

      (4) Issue subpoenas, administer oaths, and summon and examine witnesses in connection with any investigation conducted under authority of this chapter. If a subpoena is disobeyed, the board may invoke the aid of any court of competent jurisdiction in this state to require the attendance and testimony of witnesses and the production of documentary evidence.

      (j) The board and its members and agents are immune from personal liability for actions taken in good faith in the discharge of the board's responsibilities, and the state of Rhode Island shall indemnify the board and those members and agents for, and holds hold them harmless from, any and all costs, damages, and reasonable attorneys' fees arising from or related in any way from, or related in any way, to claims or actions against them as to matters to which the immunity applies.

      (k) The board shall adopt rules and regulations to implement substantial equivalency as set forth in § 5-3.1-7(g).


 

 

25)

Section

Amend Chapter Numbers:

 

5-8-3

82 and 105

 

 

5-8-3. Board -- Creation -- Duties -- Composition -- Appointments -- Terms. -- (a) The duty of the board of engineers is to administer those provisions of this chapter that relate to the regulation of professional engineering and the registration of professional engineers.

      (b) Subject to the approval of the director, the board of engineers shall establish any rules and regulations for the conduct of its own proceedings, proceedings; for examination of applicants, applicants; for registration of professional engineers and engineers-in-training, engineers-in-training; for continuing education requirements, requirements; for investigating complaints to the board board; and for governing the practice of engineering all that it deems appropriate.

      (c) (1) Members of the board are subject to the provisions of chapter 14 of title 36. The board consists of five (5) persons, who are appointed by the governor, and must have the qualifications required by § 5-8-4. Each member of the board shall receive a certificate of his or her appointment from the governor and shall file with the secretary of state his or her written oath or affirmation for the faithful discharge of his or her official duty. Appointments to the board shall be in the manner and for a period of time that the term of each member expires at a different time. On the expiration of the term of any member, the governor shall shall, in the manner previously provided provided, appoint for a term of five (5) years a registered professional engineer having the qualifications required in § 5-8-4. A member may be reappointed to succeed himself or herself, but shall not serve more than two (2) full two (2), full, consecutive terms. Each member may hold office until the expiration of the term for which appointed or until a successor has been appointed and has qualified.

      (2) The board shall designate and establish a system of registration by discipline not later than December 31, 1994, and shall subsequently administer that registration system.

      (3) The registration system shall provide, at a minimum, for the registration of:

      (i) Civil engineers;

      (ii) Chemical engineers;

      (iii) Electrical engineers;

      (iv) Mechanical engineers;

      (v) Structural engineers;

      (vi) Environmental engineers; and

      (vii) Fire protection engineers.

      (4) The board may establish additional classifications by rule and regulation subject to the approval of the director.

      (5) Classification of disciplines shall conform to the standards established by the NCEES. Nothing in this section shall be construed to limit the registration of a qualified applicant to only one discipline.

      (d) The board shall annually provide a written report to the director of the department of business regulation presenting a summary of all fees collected, a list of all individuals registered, a summary of all disciplinary actions taken, and the disposition of all complaints made to the board. After reviewing the board's report, the director shall submit a copy of the report with his or her comments on the performance of the board, its compliance with this chapter and the director's recommendations, to the governor, the general assembly, and the board.


 

 

26)

Section

Repeal Chapter Numbers:

 

5-8-16

82 and 105

 

 

5-8-16. [Repealed.]


 

 

27)

Section

Amend Chapter Numbers:

 

5-8.1-8

82 and 105

 

 

5-8.1-8. Board of registration for professional land surveyors -- Records and reports. -- (a) The board of land surveyors shall keep a record of its proceedings and of all applications for registration, which applications shall show:

      (1) Name, date of birth, and last known address of each applicant;

      (2) Date of the application;

      (3) The last known place of business of the applicant;

      (4) The education, experience experience, and other qualifications of the applicant;

      (5) The type of examination administered;

      (6) Whether or not the applicant was accepted or rejected;

      (7) Whether or not a certificate of registration was granted;

      (8) The date of action of the board; and

      (9) Any other information that the board deems appropriate.

      (b) Board records and papers of the following classes are of a confidential nature and are not public records:

      (1) Examination material for examinations not yet given;

      (2) File records of examination problem solutions;

      (3) Letters of inquiry and references concerning applicants;

      (4) Completed board inquiry forms concerning applicants;

      (5) Investigatory files where any investigation is still pending; and

      (6) All other materials of like nature.

      (c) The record of the board of land surveyors is prima facie evidence of the proceedings of the board and a certified transcript by the board is admissible in evidence with the same force and effect as if the original were produced.

      (d) A complete roster showing the names and last known addresses of all registered professional land surveyors and surveyors-in-training and any sole proprietorship, partnership, limited liability limited-liability partnership, corporation or limited liability limited-liability company receiving a certificate of authorization shall be available on the board's website compiled by the board of land surveyors once each year, or at intervals as established by board regulations. Copies of this roster shall be placed on file with the secretary of state and may be mailed to each person listed in the roster and, in addition, may be distributed or sold to the public


 

 

28)

Section

Amend Chapter Numbers:

 

5-8.1-10

82 and 105

 

 

5-8.1-10. Board of registration for professional land surveyors--Issuance and renewal of certificates. -- (a) Surveyors previously registered. - Each land surveyor holding a certificate of registration under the laws of this state as previously in effect shall be deemed registered as a professional land surveyor under this chapter.

      (b) Surveyors-in-training previously registered. - Each surveyor-in-training previously enrolled under the laws of this state as previously in effect shall be deemed enrolled under this chapter.

      (c) Certificates of registration. - With the assistance of the department, the board of land surveyors shall issue a certificate of registration upon payment of the registration fee as provided for in this chapter to any applicant, who, in the judgment of the board, has met the requirements of this chapter. Enrollment cards are issued to those who qualify as surveyors-in-training. The certificate of registration shall:

      (1) Carry the designation "professional land surveyor";

      (2) Show the full name of the registrant, without any titles;

      (3) Have a serial number; and

      (4) Be signed by both the chairperson and secretary of the board of land surveyors.

      (d) Effect of certification. - The issuance of a certificate of registration by the board of land surveyors is prima facie evidence that the person named in the certificate is entitled to all rights and privileges of a professional land surveyor while the certificate of registration remains unrevoked or unexpired.

      (e) Expiration and renewals. - Certificates of registration that expire are invalid, rendering practice authorized on the basis of that certificate illegal. It is the duty of the board of land surveyors to notify every person registered under this chapter of the date of the expiration of his or her certificate and the amount of the fee required for its renewal. That notice shall be mailed to the registrant at his or her last known address at least one month in advance of the date of the expiration of that certificate and it is the responsibility of each person registered under this chapter to renew his or her certificate of registration prior to its expiration. Renewal may be effected at any time prior to or during the month of June of each odd-numbered year (meaning biennially) commencing in year 2003 (provided, that any said renewal shall be post-marked no later than June 30th in that year in order to be valid), or at any other time that the law provides for, by the payment of the fee required by this chapter. Renewal of an expired certificate may be effected, with the director's approval, within a period of four (4) years, provided, that evidence is submitted to the board of land surveyors attesting to the continued competence and good character of the applicant. The amount to be paid for the renewal of a certificate after the date of expiration shall be double the regular fee. In the event renewal is not made before the end of the second year, the board of land surveyors may require any re-examination that it deems appropriate and the amount to be paid for the renewal shall be as stated in this section.

      (f) Lapsed certificates. - Any registrant who allows his or her certificate of registration to lapse for more than four (4) years shall reapply for registration in accordance with the requirements stated in § 5-8.1-9.

      (g) Re-issuance of certificate. - A duplicate certificate of registration, to replace any certificate lost, destroyed, or mutilated may be issued by the board of land surveyors upon payment of the fee required by § 5-8.1-11.

      (h) Any party aggrieved by the board's decision regarding license issuance or renewal may, within ten (10) days of the decision, appeal the matter to the director by submitting a written request for a formal hearing to be conducted in accordance with the provisions of § 5-8.1-15.    


 

 

29)

Section

Amend Chapter Numbers:

 

5-8.1-11

82 and 105

 

 

5-8.1-11. Board of registration for professional land surveyors -- Fees -- Payment and disposition. -- (a) The fees paid by an applicant for filing an application for examination, or for renewal, or for issuance of a duplicate certificate shall be determined by the board and shall not exceed one hundred eighty dollars ($180) per year plus any administrative costs associated with an application for examination, reexamination, or annual renewal, or duplicate certificate. The administrative costs shall be determined by the board. All revenues received pursuant to this section shall be deposited as general revenues.

      (b) The fees paid by an applicant for the examination, for reexamination, or for renewal of any expired certificate shall be determined by the board to cover the direct expenses associated with administering the examination, reexamination, or the renewal of an expired certificate.


 

 

30)

Section

Amend Chapter Numbers:

 

5-11-12

260 and 275

 

 

5-11-12. Arrest of violators -- Detention of merchandise. -- Any state police officer, any police officer of any city or town who has probable cause to believe a person has violated the provisions of this chapter, and any deputy sheriff, town sergeant, or town constable within his or her precinct who has probable cause to believe a person has violated the provisions of this chapter, may arrest that person, and may also detain any goods, wares, or other merchandise which that the arrested person has with him or her at the time of his or her arrest, for the purpose of hawking and peddling; and the arresting officer detaining the goods, wares, or merchandise shall be allowed a reasonable compensation for the safekeeping and care of the merchandise and property, to be taxed in the costs of prosecution and conviction for the offense.


 

 

31)

Section

Amend Chapter Numbers:

 

5-19.1-2

157 and 182

 

 

5-19.1-2. Definitions. -- (a) "Board" means the Rhode Island board of pharmacy.

      (b) "Change of ownership" means:

      (1) In the case of a pharmacy, manufacturer, or wholesaler, wholesaler which that is a partnership, any change which that results in a new partner acquiring a controlling interest in the partnership;

      (2) In the case of a pharmacy, manufacturer manufacturer, or wholesaler which that is a sole proprietorship, the transfer of the title and property to another person;

      (3) In the case of a pharmacy, manufacturer, or wholesaler which that is a corporation:

      (i) A sale, lease exchange, or other disposition of all all, or substantially all all, of the property and assets of the corporation; or

      (ii) A merger of the corporation into another corporation; or

      (iii) The consolidation of two (2) or more corporations, corporations resulting in the creation of a new corporation; or

      (iv) In the case of a pharmacy, manufacturer, or wholesaler which that is a business corporation, any transfer of corporate stock which that results in a new person acquiring a controlling interest in the corporation; or

      (v) In the case of a pharmacy, manufacturer, or wholesaler which that is a non-business corporation, any change in membership, membership which that results in a new person acquiring a controlling vote in the corporation.

      (c) "Compounding" means the act of combining two (2) or more ingredients as a result of a practitioner's prescription or medication order occurring in the course of professional practice based upon the individual needs of a patient and a relationship between the practitioner, patient, and pharmacist. Compounding does not mean the routine preparation, mixing mixing, or assembling of drug products that are essentially copies of a commercially available product. Compounding shall only occur in the pharmacy where the drug or device is dispensed to the patient or caregiver and includes the preparation of drugs or devices in anticipation of prescription orders based upon routine, regularly observed prescribing patterns.

      (d) "Controlled substance" means a drug or substance, or an immediate precursor of such drug or substance, so designated under or pursuant to the provisions of chapter 28 of title 21.

      (e) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a drug or device, whether or not there is an agency relationship.

      (f) "Device" means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended:

      (1) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or

      (2) To affect the structure or any function of the body of man or other animals.

      (g) "Director" means the director of the Rhode Island state department of health.

      (h) "Dispense" means the interpretation of a prescription or order for a drug, biological, or device and, pursuant to that prescription or order, the proper selection, measuring, compounding, labeling, or packaging necessary to prepare that prescription or order for delivery or administration.

      (i) "Distribute" means the delivery of a drug or device other than by administering or dispensing.

      (j) "Drug" means:

      (1) Articles recognized in the official United States Pharmacopoeia or the Official Homeopathic Pharmacopoeia of the U.S.;

      (2) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man, woman woman, or other animals;

      (3) Substances (other than food) intended to affect the structure or any function of the body of man, woman woman, or other animals; or

      (4) Substances intended for use as a component of any substances specified in subdivision (1), (2), or (3) of this subsection and § 5-19-1(16), but not including devices or their component parts or accessories.

      (k) "Equivalent and interchangeable" means having the same generic name, dosage form, and labeled potency, meeting standards of the United States Pharmacopoeia or National Formulary, or their successors, if applicable, and not found in violation of the requirements of the United States Food and Drug Administration, or its successor agency, or the Rhode Island department of health.

      (l) "Intern" means:

      (1) A graduate of an American Council on Pharmaceutical Education (ACPE) (ACPE)- accredited program of pharmacy;

      (2) A student who is enrolled in at least the first year of a professional ACPE ACPE- accredited program of pharmacy; or

      (3) A graduate of a foreign college of pharmacy who has obtained full certification from the FPGEC (Foreign Pharmacy Graduate Equivalency Commission) administered by the National Association of Boards of Pharmacy.     (m) "Limited function test" means those tests listed in the federal register under the Clinical Laboratory Improvement Amendments of 1988 (CLIA) as waived tests. For the purposes of this chapter, limited function test shall include only the following: blood glucose, hemoglobin Alc, cholesterol tests, and/or other tests that are classified as waived under CLIA and are approved by the United States Food and Drug Administration for sale to the public without a prescription in the form of an over-the-counter test kit.

      (m)(n) "Legend drugs" means any drugs, drugs which that are required by any applicable federal or state law or regulation to be dispensed on prescription only or are restricted to use by practitioners only.

      (n)(o) "Manufacture" means the production, preparation, propagation, compounding, or processing of a drug or other substance or device or the packaging or repackaging.

      (o)(p) "Non-legend" or "nonprescription drugs" means any drugs, which that may be lawfully sold without a prescription.

      (p)(q) "Person" means an individual, corporation, government, subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

      (q)(r) "Pharmaceutical care" is the provision of drugs and other pharmaceutical services intended to achieve outcomes related to cure or prevention of a disease, disease elimination or reduction of a patient's symptoms, symptoms or arresting or slowing of a disease process. "Pharmaceutical care" includes the judgment of a pharmacist in dispensing an equivalent and interchangeable drug or device in response to a prescription, prescription after appropriate communication with the prescriber and the patient.

      (r)(s) "Pharmacist-in-charge Pharmacist in charge " means a pharmacist licensed in this state as designated by the owner as the person responsible for the operation of a pharmacy in conformance with all laws and regulations pertinent to the practice of pharmacy and who is personally in full and actual charge of such pharmacy and personnel.

      (s)(t) "Pharmacy" means that portion or part of a premise where prescriptions are compounded and dispensed, including that portion utilized for the storage of prescription or legend drugs.

      (t)(u) "Pharmacy technician" means an individual who meets minimum qualifications established by the board, which that are less than those established by this chapter as necessary for licensing as a pharmacist, and who works under the direction and supervision of a licensed pharmacist.

      (u)(v) "Practice of pharmacy" means the interpretation, evaluation, and implementation of medical orders; the dispensing of prescription drug orders; participation in drug and device selection; the compounding of prescription drugs; drug regimen reviews and drug or drug related drug-related research; the administration of adult immunizations pursuant to a valid prescription or physician approved physician-approved protocol and in accordance with regulations, to include training requirements as promulgated by the department of health; the administration of all forms of influenza immunizations to individuals between the ages of nine (9) years and eighteen (18) years, inclusive, pursuant to a valid prescription or prescriber approved prescriber-approved protocol, in accordance with the provisions of § 5-19.1-31 and in accordance with regulations, to include necessary training requirements specific to the administration of influenza immunizations to individuals between the ages of nine (9) years and eighteen (18) years, inclusive, as promulgated by the department of health; provision of patient counseling and the provision of those acts or services necessary to provide pharmaceutical care; and/or the responsibility for the supervision for compounding and labeling of drugs and devices (except labeling by a manufacturer, repackager, or distributor of non-prescription drugs and commercially packaged legend drugs and devices), proper and safe storage of drugs and devices, and maintenance of proper records for them; and the performance of clinical laboratory tests, provided such testing is limited to limited-function tests as defined herein. Nothing in this definition shall be construed to limit or otherwise affect the scope of practice of any other profession.

      (v)(w) "Practitioner" means a physician, dentist, veterinarian, nurse nurse, or other person duly authorized by law in the state in which they practice to prescribe drugs.

      (w)(x) "Preceptor" means a pharmacist registered to engage in the practice of pharmacy in this state, state who has the responsibility for training interns.

      (x)(y) "Prescription" means an order for drugs or devices issued by the practitioner duly authorized by law in the state in which he or she practices to prescribe drugs or devices in the course of his or her professional practice for a legitimate medical purpose.

      (y)(z) "Wholesaler" means a person who buys drugs or devices for resale and distribution to corporations, individuals, or entities other than consumers.


 

 

32)

Section

Add Chapter Numbers:

 

5-19.1-32

157 and 182

 

 

5-19.1-32. Limited function tests. – (a) Upon receiving consent from the patient, a pharmacist performing a limited-function test in accordance with this chapter shall report test results to the patient's primary care practitioner, if known, within a reasonable period of time. In the event that a patient with an abnormal test result does not have an existing relationship with a primary care practitioner, the pharmacist shall make efforts to refer the patient to a primary care practitioner, practice, health center, or clinic.     

     (b)(1) The pharmacy shall develop policies and procedures for emergency situations related to the provision of limited-function health tests, to include the prompt reporting of test results to a patient's primary care practitioner, if known.     

     (2) The department shall promulgate rules and regulations to carry out the provisions of this section. The department's rules and regulations may include the following:     

     (i) Requirements for the pharmacist to inform the patient that the limited-function test results are intended for informational and educational purposes, rather than diagnostic purposes; and     

     (ii) Requirements ensuring appropriate temperature and environmental controls to maintain the efficacy of the limited-function test kit.  


 

 

33)

Section

Amend Chapter Numbers:

 

5-19.2-2

157 and 182

 

 

5-19.2-2. Definitions. -- (a) "Collaborative practice agreement" is a written and signed agreement, entered into voluntarily, between a pharmacist pharmacist, with advanced training and experience relevant to the scope of collaborative practice practice, and one or more physicians that defines the collaborative pharmacy practice in which the pharmacist and physician(s) propose to engage. Collaborative practice agreements shall be made in the best interest of public health.

      (b) "Collaborative practice committee" shall consist of six (6) individuals: three (3) individuals to be appointed by the board of pharmacy from nominees provided by the Rhode Island Pharmacists Association; Association and three (3) individuals to be appointed by the board of medical licensure and discipline from nominees provided by the Rhode Island Medical Society. The collaborative practice committee shall advise the director on all issues pertinent to the regulation of collaborative practice agreements.

      (c) "Collaborative pharmacy practice" is that practice of pharmacy whereby a pharmacist pharmacist, with advanced training and experience relevant to the scope of collaborative practice agrees to work in collaboration with one or more physicians for the purpose of drug therapy management of patients, such management to be pursuant to a protocol or protocols authorized by the physician(s) and subject to conditions and/or limitations as set forth by the department. A health care professional who has prescribing privileges and is employed by a collaborating physician may be in such an agreement.

      (d) "Drug therapy management" means the review, in accordance with a collaborative practice agreement, of drug therapy regimen or regimens of patients by a pharmacist for the purpose of rendering advice to one or more physicians that who are party to the agreement, or their physician designees, regarding adjustment of the regimen. Decisions involving drug therapy management shall be made in the best interests of the patient. In accordance with a collaborative practice agreement, drug therapy management may include:

      (1) Modifying and managing drug therapy;

      (2) Collecting and reviewing patient histories;

      (3) Obtaining and checking vital signs, including pulse, temperature, blood pressure, and respiration; and

      (4) Under the supervision of, or in direct consultation with a physician, ordering and evaluating the results of laboratory tests directly related to drug therapy when performed in accordance with approved protocols applicable to the practice setting and providing such evaluation does not include any diagnostic component.     (e) "Limited-function test" means those tests listed in the federal register under the Clinical Laboratory Improvement Amendments of 1988 (CLIA) as waived tests. For the purposes of this chapter, limited-function test shall include only the following: blood glucose, hemoglobin Alc, cholesterol tests, and/or other tests that are classified as waived under CLIA and are approved by the United States Food and Drug Administration for sale to the public without a prescription in the form of an over-the-counter test kit.

      (e)(f) "Pharmacist with advanced training and experience relevant to the scope of collaborative practice" means a licensed pharmacist in this state with post-graduate educational training. Such training shall include, but not be limited to, residency training, training; board certification, certification; certification from an accredited professional organization educational institution, institution; or any other continuing education provider approved by the director of health, health relevant to the proposed scope of the collaborative practice agreement.

      (f)(g) "Practice of pharmacy" means the interpretation, evaluation, and implementation of medical orders; orders, including the performance of clinical laboratory tests tests, provided such testing is conducted in conformity with the federal Clinical Laboratories Improvement Act, as amended, 42 U.S.C. § 263a limited to limited function tests as defined herein; the dispensing of prescription drug orders; participation in drug and device selection; drug regiment reviews and drug or drug related drug-related research; provision of patient counseling and the provision of those acts or services necessary to provide pharmaceutical care; drug therapy management pursuant to a collaborative practice agreement; and the responsibility for the supervision for compounding and labeling of drugs and devices (except labeling by a manufacturer, repackager, or distributor of nonprescription drugs and commercially packaged legend drugs and devices), devices); proper and safe storage of drugs and devices, devices; and maintenance of proper records for them.


 

 

34)

Section

Amend Chapter Numbers:

 

5-20.5-11

82 and 105

 

 

5-20.5-11. Fees and license renewals. -- (a) The following fees shall be charged by the director:

      (1) For each application, a fee of ten dollars ($10.00);

      (2) For each examination examination, a fee, the cost of which is limited to the charge as designated by the appropriate testing service's contract with the department of business regulation;

      (3) For each original broker's license issued, a fee of eighty-five dollars ($85.00) per annum for the term of the license and for each annual renewal of the license, a fee of eighty-five dollars ($85.00) per annum for the term of renewal. The total fees for the term of initial licensure and of renewal must be paid at the time of application for the license;

      (4) For each original salesperson's license issued, a fee of sixty-five dollars ($65.00) per annum for the term of the license and for each renewal of the license, a fee of sixty-five dollars ($65.00) per annum for the term of the license. The total fees for the term of initial licensure and of renewal must be paid at the time of application for the license.

      (5) For each change from one broker to another broker by a salesperson, or a broker, a fee of twenty-five dollars ($25.00), to be paid by the salesperson or the broker;

      (6) For each duplicate license, where a license is lost or destroyed and affidavit is made of that fact, a fee of twenty-five dollars ($25.00);

      (7) For each duplicate pocket card, where the original pocket card is lost or destroyed and affidavit is made of that fact, a fee of twenty-five dollars ($25.00);

      (8)(6) For each broker's license reinstated after its expiration date, a late fee of one hundred dollars ($100), in addition to the required renewal fee;

      (9)(7) For each salesperson's license reinstated after its expiration date, a late fee of one hundred dollars ($100) in addition to the required renewal fee.

      (b) Every licensed real estate broker and salesperson who desires to renew a license for the succeeding year term shall apply for the renewal of the license upon a form furnished by the director and containing information that is required by the director. Any renewal of a license is subject to the same provisions covering issuance, suspension, and revocation of any license originally issued. At no time shall any license be renewed without examination if the license has expired beyond a period of one year.


 

 

35)

Section

Amend Chapter Numbers:

 

5-22-16

260 and 275

 

 

5-22-16. Appointment of officers to preserve order at shows. -- Town or city councils may also appoint town constables or other proper officials, at the expense of the licensee, to preserve order and to execute the orders of the city or town council at any such show, show and to report to the chief of police or the city or town sergeant any violation of the law and especially any violation of § 5-22-23 that occurs during the show.


 

 

36)

Section

Add Chapter Numbers:

 

5-31.1-39

172 and 192

 

 

5-31.1-39. Public health hygienists. – (a) Any public health dental hygienist, which for purposes of this chapter means any practicing registered dental hygienist who may perform dental hygiene procedures in a public health setting subject to conditions adopted by the Rhode Island board of examiners in dentistry, may perform in a public health setting, without the immediate or direct supervision or direction of a dentist, any procedure or provide any service that is within the dental hygiene scope of practice that has been authorized and adopted by the Rhode Island board of examiners in dentistry as a delegable procedure for a dental hygienist under general supervision in a private practice setting.     

          (b) Public health settings shall, for purposes of this section, include, but are not limited to, residences of the homebound, schools, nursing home and long-term care facilities, clinics, hospitals, medical facilities, community health centers licensed or certified by the department of health, mobile and portable dental health programs licensed or certified by the department of health and operated by a local or state agency, head start programs and any other facilities or programs deemed appropriate by the department of health.     

          ( c) Any public health hygienist shall enter into a written, collaborative agreement with a local or state government agency or institution or with a licensed dentist who states that he or she shall be able to provide the appropriate level of communication and consultation with the dental hygienist to ensure patient health and safety prior to performing any procedure or providing any service under this section. The written, collaborative agreement will follow the appropriate guidelines as determined and established by the Rhode Island board of examiners in dentistry.     

          (d) Any public health dental hygienist shall provide to the patient, or to the patient's legal guardian, a consent form to be signed by the patient or legal guardian. The consent form shall be consistent with current department of health policies that describes services to be rendered and explains that services rendered are not a substitute for a dental examination by a dentist. The consent form shall also inform the patient or legal guardian that the patient should obtain a dental examination by a dentist within ninety (90) days after undergoing a procedure authorized pursuant to this section. The patient or legal guardian shall also obtain written referral to a dentist and an assessment of further dental needs.     (e) The public health dental hygienist shall be directly reimbursed for services administered in a public health setting by Medicaid or the state health care insurance program except as required by federal Medicaid law, but shall not seek reimbursement from any other insurance or third-party payor. A public health dental hygienist shall not operate independently of a dentist, except for a dental hygienist working for a local or state government agency or institution or practicing in a mobile or portable prevention program licensed or certified by the department of health. In such cases, the local or state government agency or institution or mobile or portable prevention program licensed or certified by the department of health may seek reimbursement from any other third-party payor.


 

 

37)

Section

Amend Chapter Numbers:

 

5-37.2-1

140 and 150

 

 

5-37.2-1. Legislative declaration – Acupuncture and Oriental Medicine.-- The practice of the healing art of acupuncture and Oriental medicine, and any branch of acupuncture and Oriental medicine, is declared to be a learned profession, affecting public safety and welfare and charged with the public interest, and subject to protection and regulation by the state.     


 

 

38)

Section

Amend Chapter Numbers:

 

5-37.2-2

140, 141, article 20;  and 150

 

 

5-37.2-2. Definitions. -- Unless the context otherwise requires, the words, phrases, and derivatives employed in this chapter have the meanings ascribed to them in this section:

      (1) "Acupuncture" means the insertion of needles into the human body by piercing the skin of the body, for the purpose of controlling and regulating the flow and balance of energy and blood in the body.

      (2) "Department" means the state department of health.

      (3) "Doctor of acupuncture Acupuncture and Oriental Medicine" means a person licensed under the provisions of this chapter to practice the art of healing known as acupuncture and Oriental medicine.

      (4) "Licensed acupuncture assistant" means a person who assists in the practice of acupuncture under the direct supervision of a person licensed under the provisions of this chapter to practice acupuncture.     (4) "Oriental medicine" means a form of health care, based on classical Chinese medical concepts and modern Oriental medical techniques, that employs Chinese medical diagnosis such as pulse, tongue, palpatory, and observational diagnosis, as well as acupuncture therapies and diagnostic techniques based on newer scientific models for the assessment, treatment, prevention, and cure of any disease with the purpose of full health restoration. The techniques and modalities of Oriental Medicine include acupuncture, electro-acupuncture, laser acupuncture, moxibustion (heat therapy), cupping, TDP and infrared lamps, Tuina, Qi Gong, Gwa/sha, thermograpthy, herbal GMP standardized therapy, homeopathy and supplement therapy, chinese dieting therapy, breathing exercises, and life-style change consultations.   


 

 

39)

Section

Amend Chapter Numbers:

 

5-37.2-7

140 and 150

 

 

5-37.2-7. Powers of department. -- For the purpose of conducting its responsibilities under this chapter, the department shall:

      (1) Engage persons of established reputation and known ability in acupuncture and Oriental medicine as consultants to the department; the Rhode Island Society of Acupuncture and Oriental Medicine and any other professional association of acupuncture and Oriental medicine are is designated as the appropriate body bodies with which the department shall consult for referral of consultants and other assistance to the department.

      (2) Maintain an office in the state to carry out the provisions of this chapter;

      (3) Promulgate rules and regulations, or either of them, not inconsistent with the provisions of this chapter. These rules and regulations may include a code of ethics regulating the professional conduct of licensees; and

      (4) Compel the attendance of witnesses and the production of evidence by subpoena and administer oaths.     


 

 

40)

Section

Amend Chapter Numbers:

 

5-37.2-8.1

140 and 150

 

 

5-37.2-8.1. License required. -- (a) Unless licensed as a doctor of acupuncture and Oriental medicine under this chapter, or exempt from licensure under the provisions of this chapter, no person shall practice or hold himself or herself out as practicing, or engaging in the practice of, acupuncture and Oriental medicine, either for compensation or gratuitously.

      (b) This chapter shall not be construed to make unlawful the activities of persons involved in research performed under the auspices of a federal federal- or state state-regulated research institution.     


 

 

41)

Section

Amend Chapter Numbers:

 

5-37.2-9

140 and 150

 

 

5-37.2-9. Special licensing. -- Upon application to the department prior to July 1, 1980, any person who has been an instructor in the art of acupuncture and Oriental medicine at a domestic or foreign college or university satisfactory to the department for a period of two (2) years and who has had at least ten (10) years experience, shall be granted a license by the department as a doctor of acupuncture and Oriental medicine without the necessity of taking an examination.     


 

 

42)

Section

Amend Chapter Numbers:

 

5-37.2-10

140 and 150

 

 

5-37.2-10. Application for licenses -- Fees. -- An applicant for examination for a license to practice acupuncture and Oriental medicine or any branch of acupuncture and Oriental medicine, shall:

      (1) Submit an application to the department on forms provided by the department;

      (2) Submit satisfactory evidence that he or she is twenty-one (21) years or older and meets the appropriate education requirements;

      (3) Pay a fee as set forth in § 23-1-54 and

      (4) Pay any fees required by the department for an investigation of the applicant or for the services of a translator, if required, to enable the applicant to take the examination.   


 

 

43)

Section

Amend Chapter Numbers:

 

5-37.2-12

140 and 150

 

 

5-37.2-12. Issuance of licenses to practice acupuncture. -- The department shall issue a license for the practice of acupuncture and Oriental medicine where the applicant meets the requirements of § 5-37.2-12.1 except as exempted.     


 

 

44)

Section

Amend Chapter Numbers:

 

5-37.2-12.1

140 and 150

 

 

5-37.2-12.1. Examination requirements and issuance of license. -- (a) No person shall be licensed as a doctor of acupuncture and Oriental medicine unless he or she has passed the examination by the National Commission of Certification of Acupuncture and Oriental Medicine.

      (b) Before any applicant is eligible for licensure, he or she shall furnish satisfactory proof that he or she:

      (1) Is a United States citizen or legal alien;

      (2) Has demonstrated proficiency in the English language;

      (3) Is at least twenty one (21) years of age;

      (4) Is of good moral character;

      (5) Has completed an accredited program of at least thirty-six (36) months and not less than twenty-five hundred (2500) hours of training, and has received a certificate or diploma from an institute approved by the National Accreditation Commission for Schools and Colleges of Acupuncture and Oriental Medicine, according to the provisions of this chapter; provided, that this subdivision does not apply to anyone licensed to practice under chapter 37 of this title who is qualified to take and pass the test by the National Commission for the Certification of Acupuncture and Oriental Medicine;

      (6) Has completed a clinical internship training that is designated as appropriate by the National Commission for the Certification of Acupuncture and Oriental Medicine; and

      (7) Has three (3) letters of reference from reputable individuals other than relatives, and at least two (2) of which are from licensed or registered doctors of acupuncture and Oriental medicine.   


 

 

45)

Section

Amend Chapter Numbers:

 

5-37.2-12.2

140 and 150

 

 

5-37.2-12.2. Reciprocal licensing requirements. -- The health department may, at its discretion, issue a license without examination to a doctor of acupuncture and Oriental medicine who has been licensed, certified, or formally legally recognized as an acupuncturist in any state or territory if all three (3) of the following conditions are met to its satisfaction:

      (1) The applicant meets the requirements of practice in the state or territory in which the applicant is licensed, certified, or registered as an acupuncturist;

      (2) The requirements for practice in the state or territory in which the applicant is licensed, certified, or registered as an acupuncturist are at least as stringent as those of this state; and

      (3) The state or territory in which the applicant is licensed, certified, or legally recognized as an acupuncturist permits a practitioner licensed in this state to practice acupuncture and Oriental medicine in that jurisdiction.     


 

 

46)

Section

Amend Chapter Numbers:

 

5-37.2-12.3

140 and 150

 

 

5-37.2-12.3. Continuing education for acupuncture and Oriental medicine. --The health department shall establish, by regulation, mandatory continuing education requirements for a doctor of acupuncture and Oriental medicine licensed in this state, including, but not limited to, the following:

      (1) Each person licensed under this chapter, whether or not residing within this state, shall complete twenty (20) forty (40) hours of continuing education within each annual biennial renewal period, except during the initial annual renewal period.

      (2) Continuing education hours will be accepted by the department for course work which has that have been presented, accepted, or approved by a nationally recognized acupuncture and Oriental medicine organization or its local chapter, or any accredited school of acupuncture and Oriental medicine.

      (3) At the time of license renewal, each licensee is required to attest to the fact of having complied with the requirements in this section. Course descriptions, proof of attendance, or other documentation of completion is retained by the licensee for a minimum of three (3) years and is subject to random audit by the department. Failure to produce satisfactory documentation of completion upon request by the department constitutes grounds for disciplinary action under the provisions of this chapter.

      (4) Each person not obtaining the required number of hours of continuing education may have his or her license renewed for just cause, as determined by the department, so long as the department requires that the deficient hours of continuing education, and all unpaid fees, are made up during the following renewal period in addition to the current continuing education requirements for the renewal period. If any doctor of acupuncture and Oriental medicine fails to make up the deficient hours and complete the subsequent renewal period, or fails to make up unpaid fees, then his or her license shall not be renewed until all fees are paid and all the required hours are completed and documented to the department.     


 

 

47)

Section

Amend Chapter Numbers:

 

5-37.2-12.4

140 and 150

 

 

5-37.2-12.4. Licensure of previously licensed doctors of acupuncture. -- (a) Any acupuncturist doctor of acupuncture validly licensed, certified, or registered under prior law of this state shall be deemed as licensed under the provisions of this chapter.

      (b) No acupuncturist doctor of acupuncture licensed under this subsection shall accept or perform professional responsibilities which that the licensee knows knows, or has reason to know know, that he or she is not qualified by training, experience, or certification to perform. Violation of this section subjects the licensee to the revocation or suspension of his or her license. The department shall make regulations on these requirements and grant previously licensed, certified, or registered acupuncturists qualification on a case by case basis.     


 

 

48)

Section

Repeal Chapter Numbers:

 

5-37.2-13

140, 141, article 20; and 150

 

 

5-37.2-13. [Repealed.]


 

 

49)

Section

Amend Chapter Numbers:

 

5-37.2-14

140, 141, article 20; and 150

 

 

5-37.2-14. Recordation and display of licenses -- Annual registration fee -- Penalties for failure to pay fee. -- (a) Every person holding a license authorizing him or her to practice acupuncture and Oriental medicine or to serve as an acupuncture assistant in this state shall record his or her license with the city or town hall in the city or town where his or her office and residence are located. Every licensee upon a change of residence or office shall have his or her certificate recorded in the same manner in the municipality to which he or she has changed.

      (b) Every license shall be displayed in the office, place of business, or place of employment of the license holder.

      (c) Every person holding a license shall pay to the department department, on or before February 1 of each year, the annual registration fee required pursuant to department rules and regulation. If the holder of a license fails to pay the registration fee fee, his or her license shall be suspended. The license may be reinstated by payment of the required fee within ninety (90) days after February 1.

      (d) A license which that is suspended for more than three (3) months under the provisions of subsection (c) of this section may be canceled by the board after thirty (30) days notice to the holder of the license.

      (e) [Deleted by P.L. 2007, ch. 73, art. 39, § 11.]   


 

 

50)

Section

Amend Chapter Numbers:

 

5-37.2-15

140, 141, article 20; and 150

 

 

5-37.2-15. Suspension, revocation, or refusal of license -- Grounds. -- The department may either refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:

      (1) Conviction of a felony, conviction of any offense involving moral turpitude, or conviction of a violation of any state or federal law regulating the possession, distribution or use of any controlled substance as defined in § 21-28-1.02, as shown by a certified copy of record of the court;

      (2) The obtaining of, or any attempt to obtain, a license, or to practice in the profession for money or any other thing of value, by fraudulent misrepresentations;

      (3) Gross malpractice;

      (4) Advertising by means of knowingly false or deceptive statement;

      (5) Advertising, practicing, or attempting to practice under a name other than one's own;

      (6) Habitual drunkenness or habitual addiction to the use of a controlled substance as defined in § 21-28-1.02;

      (7) Using any false, fraudulent, or forged statement or document, or engaging in any fraudulent, deceitful, dishonest, immoral practice in connection with the licensing requirement of this chapter;

      (8) Sustaining a physical or mental disability which that renders further practice dangerous;

      (9) Engaging in any dishonorable, unethical, or unprofessional conduct which that may deceive, defraud, or harm the public, or which that is unbecoming a person licensed to practice under this chapter;

      (10) Using any false or fraudulent statement in connection with the practice of acupuncture or any branch of acupuncture;

      (11) Violating Violating, or attempting to violate, or assisting or abetting the violation of, or conspiring to violate, any provision of this chapter;

      (12) Being adjudicated incompetent or insane;

      (13) Advertising in an unethical or unprofessional manner;

      (14) Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy, or treatment;

      (15) Willfully disclosing a privileged communication;

      (16) Failure of a licensee to designate his or her school of practice in the professional use of his or her name by the term "doctor of acupuncture and Oriental medicine" or "acupuncture assistant", as the case may be;

      (17) Willful violation of the law relating to the health, safety, or welfare of the public, or of the rules and regulations promulgated by the state board of health;

      (18) Administering, dispensing, or prescribing any controlled substance as defined in § 21-28-1.02, except for the prevention, alleviation, or cure of disease or for relief from suffering; and

      (19) Performing, assisting, or advising in the injection of any liquid silicone substance into the human body. 


   

 

51)

Section

Amend Chapter Numbers:

 

5-37.2-18

140 and 150

 

 

5-37.2-18. Reporting vital statistics. -- Doctors of acupuncture and Oriental medicine shall observe and be subject to all state and municipal regulations relative to reporting all births and deaths in all matters pertaining to the public health.     


 

 

52)

Section

Amend Chapter Numbers:

 

5-37.2-19

140 and 150

 

 

5-37.2-19. Seminars not in accordance with department regulations prohibited -- Penalty. -- (a) No seminar concerning acupuncture and Oriental medicine may be conducted in this state except in accordance with regulations prescribed by the department for bona fide educational seminars.

      (b) Any person who violates subsection (a) of this section is guilty of a misdemeanor.   


 

 

53)

Section

Amend Chapter Numbers:

 

5-37.2-20

140 and 150

 

 

5-37.2-20. Practice without a license a misdemeanor. -- A person who represents himself or herself as a practitioner of acupuncture and Oriental medicine, or any branch of acupuncture and Oriental medicine, and who engages in the practice of acupuncture and Oriental medicine, or any branch of acupuncture and Oriental medicine, in this state without holding a valid license issued by the department is guilty of a misdemeanor.    


 

 

54)

Section

Amend Chapter Numbers:

 

5-37.2-21

140 and 150

 

 

5-37.2-21. Injunctive relief. -- (a) The department may maintain in any court of competent jurisdiction a suit for an injunction against any person or persons practicing acupuncture and Oriental medicine, or any branch of acupuncture and Oriental medicine, without a license.

      (b) This injunction:

      (1) May be issued without proof of actual damage sustained by any person, this provision being understood to be a preventive as well as a punitive measure.

      (2) Shall not relieve the person from criminal prosecution for practicing without a license.


 

 

55)

Section

Amend Chapter Numbers:

 

5-38-5

142 and 154

 

 

5-38-5. Rules and regulations. -- The auto collision repair licensing advisory board shall shall, with the director's approval:

      (1) Establish any rules, regulations, and procedures that it deems appropriate, and all those rules, regulations, and procedures constitute a public record.

      (2) Establish standards for sanitary, hygienic, and healthful conditions of the work premises and facilities used by persons licensed by the board.

      (3) Establish minimum requirements for the licenser of auto body repair shops.

      (4) Establish minimum requirements for the certification of auto repair technicians, other than those whose work is limited to glass repair and/or replacement.

      (5) Establish two (2) classifications of full collision licensees based upon the following:     

           (i) Class A certification: To be eligible for Class A certification, a full collision licensed auto body repair facility must meet the following minimum requirements:      

               (A) Comply with all requirements for licensure promulgated by the department pursuant to subsections (1) through (4) of this section; and      

              (B) Be certified by at least one automobile manufacturer for the repair and refinishing of aluminum, high strength steel, and other metal or alloy; and      

               (C) Ensure customer satisfaction by providing each customer with a written, limited-lifetime warranty that is valid against workmanship defects and maintain a system for documenting customer complaints and responses to service; and      

               (D) Provide evidence of certification of all technicians employed at the auto body repair facility by methods approved by the department regulations pursuant to subsection (4) of this section.      

          (ii) Class B certification: To be eligible for Class B certification, a full collision licensed auto body repair facility must establish that it has met all of the requirements promulgated by the department pursuant to subsections (1) through (4) of this section.      

          (iii) Class certification shall be issued to qualifying full collision licensed auto body repair facilities upon initial application for licensure and upon license renewal.      

          (iv) Notwithstanding subsection (iii) above, full collision licensed auto body repair facilities seeking Class A certification must apply to the department on or before December 1, 2015; all Class A applications must include documentation evidencing automobile manufacturer certification pursuant to § 5-38-5(5)(i)(B). Resulting classification designations (A or B) must be issued on or before April 1, 2016, by the department. Any applicant requesting Class A certification must submit a three hundred dollar ($300) application fee.     

         (v) Any full collision licensed auto body repair facility that does not apply for certification on or before March 1, 2016, will be designated as a Class B full collision auto body repair facility.      

         (vi) After initial issuance of class designation by the department, pursuant to subsection (iv) of this section, a designated Class B auto body repair facility may apply for Class A certification at any time in a calendar year with an application fee of three hundred dollars ($300). The new classification, if any, resulting from a full collision licensed auto body repair facility's application received prior to December 31 of any calendar year must be updated on the department's listing of licensed auto body repair facilities for use by insurers in the auto body labor rate survey pursuant to § 27-29-4.4 of the next calendar year.      

          (vii) The auto collision repair licensing advisory board shall review the regulations promulgated under subsection (5) of this section at least every two (2) years. If new regulations are promulgated as a result of a review by the board, licensees must be given reasonable time to comply with any new requirements of class designations.      

          (viii) The department shall adopt such regulations necessary to carry out the provisions of this section on or before January 31, 2016


 

 

56)

Section

Amend Chapter Numbers:

 

5-51-11

82 and 105

 

 

5-51-11. Seals -- Rubber stamps. -- (a) Only one certificate of registration or license shall be issued to a licensed landscape architect. A duplicate certificate may be issued by the board should the original certificate be lost or damaged. Applications for a duplicate certificate shall be submitted to the board office. The required fee must be submitted with the application for a duplicate certificate.

      (b)(a)(1) For the purpose of signing all final drawings, plans, specifications, reports, and other contract documents, each licensed landscape architect shall obtain an individual seal, and a rubber stamp (a facsimile of the seal) to be used on documents prepared by him or her, or under his or her supervision.

      (2) Firms consisting of more than one licensed landscape architect may use a single seal identifying a partner (if a partnership or limited liability partnership), officer, or director (if a corporation) or a member or manager (if a limited liability company) as being personally responsible for the professional services provided.

      (3) The board shall furnish a copy of the authorized seal from which the applicant can have a seal and stamp made.

      (c)(b) The application of the seal impression, to the first sheet of bound sets of drawings (with index of drawings included), title page of specifications, and to other drawings and contract documents shall constitute the registered landscape architect stamp.

      (d)(c) The rubber stamp may be applied on all tracings to produce legible reproduction on all copies or prints made from the tracings. This provision does not in any manner modify the requirements of this section.     


 

 

57)

Section

Amend Chapter Numbers:

 

5-51-14

82 and 105

 

 

5-51-14. Fees. -- The following is the schedule of fees to be charged by the board:

      (1) The fees to be paid by an applicant for examination or reexamination to determine his or her fitness to receive a certificate of registration shall be determined by the board so as to cover expenses associated with administering and evaluating the examination or reexamination.

      (2) The fee to be paid for the restoration of an expired certificate of registration shall not exceed one hundred fifty dollars ($150) for every year or portion of a year year, or portion of a year, the applicant has been delinquent, plus a penalty of twenty-five dollars ($25.00).

      (3) The fee to be paid upon the renewal of a certificate of registration shall not exceed one hundred fifty dollars ($150).

      (4) The fee to be paid by an applicant for a certificate of registration who is a landscape architect registered or licensed under the laws of another state under § 5-51-7, shall not exceed one hundred eighty dollars ($180).

      (5) The fee to be paid by an applicant for a certificate of registration who qualifies and is a resident of this state is thirty-six dollars ($36.00).

      (6) The fee to be paid for a duplicate certificate is thirty-six dollars ($36.00).

      (7)(6) The initial fee for a certificate of authorization shall not exceed one hundred fifty dollars ($150).

      (8)(7) The annual renewal fee for a certificate of authorization is sixty dollars ($60.00).

      (9)(8) The fee to be paid for the reinstatement of an expired certificate of authorization is sixty dollars ($60.00) for every year or portion of a year the applicant has been delinquent, plus a penalty of twenty-five dollars ($25.00).

      (10)(9) All fees received by the board shall be deposited as general revenues.


 

 

58)

Section

Amend Chapter Numbers:

 

5-58-1

82 and 105

 

 

5-58-1. Licensing of auctioneers and apprentices. -- (a) Any person desiring to hold an auctioneer's license or apprentice auctioneer's permit shall make written application for that license or permit on appropriate forms provided by the director of the department of business regulations. Each applicant shall be a person who has a good reputation for honesty, truthfulness, and fair dealing; good moral character, character; and is competent and financially qualified to conduct the business of an auctioneer or apprentice apprentice, all of which may be considered by the director director, along with any other information the director deems appropriate appropriate, in determining whether the granting of the application is in the public interest. Other information deemed appropriate includes, but is not limited to, a criminal records check. The director shall process the criminal records check for all resident applicants for an auctioneer's license. Non-resident applicants for an auctioneer's license shall apply to the bureau of criminal identification of the state police for a nationwide criminal records check. The bureau of criminal identification of the state police shall forward the results of the criminal records check to the director. The director may deny any application for a license if the director finds, based upon the results of the criminal records check, that the applicant has been convicted of a felony. Each application for an auctioneer, apprentice auctioneer, or nonresident auctioneer's license shall be accompanied by an application fee of ten dollars ($10.00).

      (b) Prior to the taking of the examination, each applicant shall pay an examination fee in an amount to be established by the director of business regulation. Each applicant granted an auctioneer's license shall pay a licensing fee of two hundred dollars ($200) per annum. Each nonresident auctioneer applicant granted a license shall pay a licensing fee of three hundred dollars ($300) per annum. Each applicant granted an apprentice auctioneer permit shall pay a permit fee of twenty dollars ($20.00) per annum. There is a five dollar ($5.00) charge for issuance of a duplicate license or permit to replace a lost, damaged, or destroyed original or renewal license or permit. Fees for the replacement and for an original or renewal license or permit shall be paid into the general fund. The director shall promulgate rules and regulations mandating the term of the license or permit for each category of license or permit issued pursuant to this chapter. No license or permit shall remain in force for a period in excess of three (3) years. The fee for the initial license or renewal shall be determined by multiplying the per annum per-annum fee by the number of years in the term of license or renewal. The entire fee for the full term of licensure must be paid in full prior to issuing the renewal or initial license.


 

 

59)

Section

Amend Chapter Numbers:

 

5-71-2

164 and 188

 

 

5-71-2. Declaration of policy and statement of purpose. -- (a) It is declared the policy of the state that the practice of interpreting and the practice of transliterating affects, including, but not limited to, the public health, safety, welfare, civic, economic, social, academic and recreational aspects of life, and shall be subject to licensure and regulation in the public's interest.

It is further declared that:

      (1) Individuals who are deaf, deaf-blind, hard of hearing hearing, or other individuals with disabilities whose primary language is sign language have a civil right to effective communication;

      (2) Consumers and those with whom they communicate require require, and are entitled to to, competent, reliable reliable, interpreting services, and that the availability of competent, reliable, credentialed credentialed, interpreting services are is necessary for consumers to realize their right to full and equal participation in society.

      (b) A purpose of this chapter is to provide minimum qualifications for interpreters and to ensure the health, safety and welfare of the public.     


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

60)

Section

Amend Chapter Numbers:

 

5-71-3

164 and 188

 

 

5-71-3. Definitions. -- (1) "Board" means the state board of examiners for interpreters for the deaf.

      (2) "Certified" means any person individual who is a certified member of the Registry of Interpreters for the Deaf, Inc., (RID), its successor agency agency, or other agencies as approved by the department in consultation with the board.     

    (3) "Certified deaf interpreter", "deaf interpreter", or "deaf intermediary interpreter" means any individual who is deaf or hard of hearing and who is a certified member of the Registry of Interpreters for the Deaf, Inc. (RID) or its successor agency approved by the department in consultation with the board.

      (3)(4) "Consumer" is an individual who is deaf, deaf-blind, hard of hearing, hearing, or other an individual with disabilities whose primary language is sign language (e.g., American Sign Language, manually coded sign systems). a disability who does not share a common means of communication. This may include, without limitation, American Sign Language (ASL), visual, gestural, auditory, and tactile mode of communication.     

     (4)(5) "Department" means the Rhode Island department of health.     

     (5)(6) "Director" means the director of the department of health.     

     (6)(7) "Educational Interpreter for the Deaf" means an individual who has specialized licensure certification (elementary and secondary education for grades kindergarten (K) through twelve (12)) and is a certified member of RID or its successor agency approved by the department in consultation with the board in the provision of sign language interpreting to students who are deaf, hard-of-hearing hard-of-hearing, or deaf-blind in grades preschool through twelve (12).     

     (7)(8) "Emergency" means an urgent circumstance that demands immediate action in order for a consumer to avoid imminent harm or loss. In the event of an emergency, the consumer may elect to use the services of a nonlicensed interpreter or transliterator as set forth in regulations promulgated by the department.

      (8)(9) "Interpreter for the deaf" means any person who engages in the practice of interpreting for the deaf as defined in subsection (9) subsections (10), (11), (14), and (15) of this section below.

      (9) "Interpreter trainee" and "interpreter student" means any person, meeting the minimum requirements established by the department in consultation with the board who is currently enrolled in a nationally accredited interpreter training program and participating in the practicum portion of their studies.

      (10) "Interpreting for the deaf" means conveying spoken English into American Sign Language (ASL) (voice-to-sign) or conveying American Sign Language into English (sign-to-voice), or interpreting English to and/or from a visual gestural system. Such practice shall not include transliterating for the deaf.     

     (11) "Intermediary interpreting" means interpreting services rendered by a deaf person to facilitate communication between another deaf person and a licensed interpreter.     

     (11)(12) "Screened interpreter or transliterator for the deaf" means any person who presents proof of an active state screening or its equivalent and presents proof of successful completion of an examination as approved by the department in consultation with the board.

      (12) "Transliterator for the deaf" means any person who engages in the practice of transliterating for the deaf as defined in subsection (13) below.     

     (13) "Screened deaf interpreter" means any person who is deaf or hard of hearing and who presents proof of an active state screening, or its equivalent, and presents proof of successful completion of an examination as approved by the department in consultation with the board.     

     (13)(14) "Transliterating for the deaf" means conveying spoken English into Manually manually coded English (voice-to-sign), or conveying manually coded English into spoken English (sign-to-voice), or conveying English on the lips so that it is accessible to speech reading (i.e. e.g. oral transliterating, or any auditory communication as a visual form in English such as cued speech). Such practice shall not include interpreting for the deaf.     

     (15) "Deaf-blind interpreting" means linguistic information through sign language acquired by individuals who are deaf-blind through their preferred methods depending on the causes of their combined vision and hearing loss, their background, and their education, such as close-vision interpreting and tactile interpreting, while spoken language is conveyed into sign language (e.g. ASL), and sign language (ASL) is conveyed into spoken language.     


 

 

61)

Section

Amend Chapter Numbers:

 

5-71-5

164 and 188

 

 

5-71-5. Board of examiners -- Duties and powers -- Meetings -- Compensation of members. -- (a) The department department, with the assistance of the board board, shall administer, coordinate coordinate, and enforce the provisions of this chapter, evaluate the qualifications of applicants, and may issue subpoenas, examine witnesses, and administer oaths, and investigate persons engaging in practices which that violate the provisions of this chapter.

      (b) The department shall conduct hearings and shall keep records and minutes that are necessary for the orderly dispatch of business.

      (c) The department department, shall hold public hearings regarding rules and regulations.

      (d) The department in consultation with the board, in accordance with the rule-making provisions of the "Administrative Procedures Act", (chapter 35 of title 42), shall adopt responsible rules and regulations, regulations and may amend or repeal those rules and regulations. Following their adoption, the rules and regulations shall govern and control the professional conduct of every person who holds a license to practice interpreting or transliterating for the deaf in the state of Rhode Island.

      (e) Regular meetings of the board shall be held, and special meetings may be held held, upon the call of the chairperson as necessary to deal with such issues as violations of this chapter; provided, that at least one regular meeting is held each calendar year.

      (f) The conferral or enumeration of specific powers in this chapter shall not be construed as a limitation of the general powers conferred by the section. No member of the board shall be liable to civil action for any act performed in good faith in the performance of his or her duties as prescribed by this chapter.

      (g) Board members shall serve on an honorable basis without compensation.

      (h) The board may request legal advice and assistance from the appropriate legal officer.

      (i) The board shall conduct a training course for newly appointed and qualified members within six (6) months of their appointment. The course shall be developed and conducted by the chair of the commission board, approved by the commission department, and shall include instruction in the subject areas of this chapter, and chapters 42-46, 36-14, and 38-2, chapter 46 of title 42, chapter 14 of title 36, and chapter 2 of title 38, and the commission's board's rules and regulations. The director of the department of administration health shall, within ninety (90) days of March 29, 2006, prepare and disseminate training materials relating to the provisions of chapters 42-46, 36-14, and 38-2. chapter 46 of title 42, chapter 14 of title 36, and chapter 2 of title 38.

      (j) Within ninety (90) days after the end of each fiscal year, the board shall approve and submit an annual report to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state of its activities during that fiscal year. The report shall provide: an operating statement summarizing meetings or hearings held, including meeting minutes, subjects addressed, decisions rendered, licenses considered and their dispositions, rules or regulations promulgated, studies conducted, policies and plans developed, approved or modified, and programs administered or initiated; a consolidated financial statement of all funds received and expended including the source of the funds, a listing of any staff supported by these funds, and a summary of any clerical, administrative or technical support received; a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, suspensions or other legal matters related to the authority of the board; a summary of any training courses held pursuant to the provisions of paragraph 5-71-5(i); a briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations for improvements. The report shall be posted electronically on the general assembly and the secretary of state's websites as prescribed in § 42-20-8.2. The director of the department of administration health shall be responsible for the enforcement of this provision.  


 

 

62)

Section

Amend Chapter Numbers:

 

5-71-8

164 and 188

 

 

5-71-8. Qualifications of applicants for licenses. -- (a) To be eligible for licensure by the board as an interpreter for the deaf or transliterator for the deaf, or educational interpreter for the deaf, the applicant must submit written evidence on forms furnished by the department, verified by oath, that the applicant meets all of the following requirements:

      (1) Is of good moral character;                                                                                              

      (2) Meets the certification or screened requirements as defined in regulations promulgated by the department or meets the certification requirements set forth by RID or its successor agency approved by the department in consultation with the board; and

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

     (4) Adheres to the National Association of the Deaf (NAD), the Registry of Interpreters for the Deaf, Inc., (RID) code of professional conduct; and     

     (5) Provides verification of a background check with the bureau of criminal investigation in the office of attorney general at the time of the initial application for license.     

          (b) To be eligible for licensure by the board as an educational interpreter for the deaf, the applicant must meet all of the requirements as described in subsection (a) and must further present proof of successful completion of the educational interpreter performance assessment (EIPA), written and performance tests, or a similar test as approved by the board, at a performance level established by the board.     

          (c) An individual whose license, certification, permit, or equivalent form of permission issued within another state has been revoked, suspended, or currently placed on probation shall not be eligible for consideration for licensure unless they have first disclosed to the department about such disciplinary actions.  


 

 

63)

Section

Amend Chapter Numbers:

 

5-71-9

164 and 188

 

 

5-71-9. Licensure and regulations of interpreters for the deaf. -- (a) Licensure shall be granted in either transliterating or interpreting independently when a person meets the certification requirements as defined in regulations promulgated by the department. A person may be licensed in both areas only needs one license under "certified" or "screened" if he or she is qualified as defined in subsection § 5-71-8(a) and recognized by the RID and the NAD or its successor agency approved by the department in consultation with the board as outlined in § 5-71-3.

      (b) No person shall practice or hold him or herself out as being able to practice interpreting, for the deaf, or transliterating for the deaf, or educational interpreting, for the deaf or intermediary interpreting as defined in § 5-71-3 unless he or she shall be licensed in accordance with the provisions of this chapter. No person shall hold himself or herself out as being an educational interpreter for the deaf as defined in § 5-71-3 unless he or she is licensed in accordance with the provisions of this chapter.

      (c) Each All licensed interpreter for the deaf interpreters upon commencing to practice, and upon any change in address address, shall promptly notify the department of said change in home or office address, address and shall furnish any other information to the department that it may require. Every All licensed interpreter for the deaf interpreters shall annually, before July 1st July 1st, pay the department a license renewal fee, as set forth in § 23-1-54 § 23-1-54, for each license, corresponding to the area under which the person is practicing. The department may suspend the authority of any licensed interpreter for the deaf to practice for failure to comply with any of the requirements of this chapter or the regulations promulgated thereunder. The department makes available for public inspection, inspection a complete list of the names of all interpreters for the deaf licensed and practicing in the state.

      (d) Three (3) types of licensure may be issued to interpreters and or transliterators for the deaf:

      (1) A certified license shall be granted to interpreters or transliterators who have met the certification requirements as set forth in regulations promulgated by the department. The two (2) licenses under "certified" are called "certified interpreter" and "certified deaf interpreter";

      (2) A screened license of limited duration determined by the board shall be granted to interpreters who have met the educational requirements as set forth in regulations promulgated by the department, department and who have successfully completed a recognized state screening or state equivalent as determined by the department in consultation with the board. The two (2) licenses under "screened" are called "screened interpreter" and "screened deaf interpreter"; and

      (3) Beginning July 1, 2012, an An educational interpreter license may be granted to interpreters or transliterators who meet the requirements of subsection § 5-71-8(b). This license is called "educational interpreter".

      (e) All certified licensed interpreters shall be required to complete continuing education, as set forth in regulations promulgated by the department by RID or its successor agency approved by the department in consultation with the board. All licensed screened interpreters shall be required to complete continuing education, as set forth in the regulations promulgated by the department.     


 

 

64)

Section

Amend Chapter Numbers:

 

5-71-13

164 and 188

 

 

5-71-13. Grounds for suspension or revocation of licenses. -- (a) The board may recommend to the director of the department of health the issuance, renewal, or revocation of a license, or suspension, placement on probation, censure or reprimand a licensee, or any other disciplinary action that the board may deem appropriate, for conduct that may result from, but not necessarily be limited to:

      (1) Obtaining his or her license by means of fraud, misrepresentation, or concealment of material facts;

      (2) Being guilty of fraud, misrepresentation, concealment or material misstatement of facts or deceit in connection with his or her services rendered as an interpreter for the deaf, transliterator for the deaf, or educational interpreter for the deaf;

      (3) Being guilty of unprofessional conduct as defined by the rules established by the department in consultation with the board, and/or has violated any standard of professional or ethical conduct adopted by the National Registry of Interpreters for the Deaf;

      (4) Violating the continuing education requirements of this chapter as defined in subsection § 5-71-9(d)(e), and rules and regulations as promulgated by the department;

      (5) Violating any lawful order, or any provision of this chapter or of the rules or regulations promulgated in this chapter;

      (6) Aiding or assisting another person in violating any provision of this chapter or any rule or regulation adopted under this chapter;

      (7) Departure from or failure to conform to the current standards of acceptable and prevailing practice of interpreting for the deaf.

      (b) Working under a license that is expired or on inactive status, working under a license when certification is expired or on inactive status, and practicing interpreting without being exempt under chapter 5-71 § 5-71-10 shall be considered to be practicing without a license.

      (c) The department shall respond to all recommendations from the board under this section within thirty (30) calendar days.    


 

 

65)

Section

Amend Chapter Numbers:

 

5-71-15

164 and 188

 

 

5-71-15. Persons and practices exempted. -- The provisions of this chapter do not apply to:

      (1) Any certified interpreter and any certified deaf interpreter working as an interpreter or a transliterator in court.

      (2) Certified interpreters or transliterators and certified deaf interpreters performing as volunteers without compensation.

      (3) Certified interpreters or transliterators and any certified deaf interpreters performing in an emergency as defined in subsection § 5-71-3(6)(8) and as set forth in regulations promulgated by the department.

      (4) Nonlicensed individuals who are certified members of the Registry of Interpreters for the Deaf, Inc., (RID) its successor agency agency or other agency as approved by the department in consultation with the board, who may provide services for a maximum of twenty-five (25) hours per calendar year.     


  

 

66)

Section

Amend Chapter Numbers

 

5-71-16

164 and 188

 

 

5-71-16. Relationship to other civil rights laws. -- (a) This chapter does not limit or qualify the rights of employees with disabilities nor consumers, including, but not limited to, interpreter services, or the duties of providers to provide accommodations, auxiliary aids, or services, pursuant to 42 U.S.C. § 12201, et seq., 29 U.S.C. § 794, article 1, § 2 of the Rhode Island constitution; R.I. Const. Art. I, Sec. II; chapter 87 of title 42, chapter 24 of title 11, chapter 5 of title 28, § 42-46-13; § 8-5-8, § 9-9-1.2 or other applicable federal or state law.

      (b) The obligations of these cited federal or state civil rights laws include, but are not limited to:

      (1) A state and local governmental agency's taking appropriate steps to ensure that communications with applicants, participants, employees, and members of the public with disabilities are as effective as communications with others. State and local governmental agencies shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program program, or activity conducted by a state or local governmental agency and shall include the use of certified deaf interpreters in legal proceedings. In determining what type of auxiliary aid or service is necessary, a state or local governmental agency shall give primary consideration to the requests of the individual;

      (2) A public accommodation taking those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated segregated, or treated differently than other individuals because of the absence of auxiliary aids and services, unless the public accommodations can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense. A public accommodation shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities; and

      (3) An employer and/or employment agency making reasonable accommodations, including the provision of interpreters for the deaf, for their employees with disabilities where necessary to ensure effective communication with individuals with disabilities.   


 

 

 

 

 

 

 

67)

Section

Amend Chapter Numbers:

 

5-71-18

164 and 188

 

 

5-71-18. Privileged communications. -- In the trial of every cause, both civil and criminal, no licensed interpreter for the deaf shall be competent to testify concerning any statement made to him or her in connection with the interpreter's interpretation or transliteration for the deaf, without the consent of the person making the statement. No duly licensed interpreter for the deaf shall be allowed, in giving testimony testimony, to disclose any confidential communication, communication properly entrusted to him or her in his or her professional capacity, capacity and necessary and proper to enable him or her to discharge the functions of his or her office in the usual course of practice or discipline, without the consent of the person making the communication.


 

 

68)

Section

Amend Chapter Numbers:

 

7-1.2-1003

80 and 88

 

 

7-1.2-1003. Articles of merger. -- (a) Upon approval, articles of merger must be executed by each corporation by its authorized representative and must state:

      (1) The plan of merger.

      (2) If, pursuant to § 7-1.2-1005, the merger is to become effective at a time subsequent to the issuance of the certificate of merger by the secretary of state, the date when the merger is to become effective.

      (b) The original articles of merger must be delivered to the secretary of state. If the secretary of state finds that the articles conform to law, and, unless the surviving corporation is a Rhode Island corporation, that all fees and franchise taxes have been paid, as evidenced by an appropriate certificate of good standing issued by the Rhode Island division of taxation, the secretary of state shall:

      (1) Endorse on the original the word "Filed," and the month, day, and year of the filing;

      (2) File the original in his or her office; and

      (3) Issue a certificate of merger.

      (c) The secretary of state shall deliver the certificate of merger to the surviving or new corporation, as the case may be, or its representative.     


 

 

69)

Section

Amend Chapter Numbers:

 

7-1.2-1008

80 and 88

 

 

7-1.2-1008. Conversion of a domestic corporation to other entities. -- (a) A corporation of this state may, upon the authorization of such conversion in accordance with this section, convert to a limited liability company, business trust or association, real estate investment trust, common-law trust, or any other unincorporated business or entity, including a partnership (whether general or limited, including a registered limited liability partnership) or a foreign corporation.

      (b) The board of directors of the corporation which that desires to convert under this section shall adopt a resolution approving such conversion, specifying the type of entity into which the corporation shall be converted and recommending the approval of such conversion by the stockholders of the corporation. Such resolution shall be submitted to the stockholders of the corporation at an annual or special meeting. Due notice of the time, time and purpose of the meeting shall be mailed to each holder of stock, whether voting or nonvoting, of the corporation at the address of the stockholder, as it appears on the records of the corporation, at least twenty (20) days prior to the date of the meeting. At the meeting, the resolution shall be considered and a vote taken for its adoption or rejection. If all outstanding shares of stock of the corporation, whether voting or nonvoting, shall be voted for the adoption of the resolution, the conversion shall be authorized.

      (c) If a corporation shall convert in accordance with this section to another entity organized, formed, or created under the laws of a jurisdiction other than the state of Rhode Island or to a Rhode Island unincorporated "other entity", upon payment of all fees and franchise taxes by the corporation, as evidenced by an appropriate certificate of good standing issued by the Rhode Island division of taxation, the corporation shall file with the secretary of state a certificate of conversion to a non-Rhode Island entity, executed in accordance with § 7-1.2-105, which that certifies:

      (1) The name of the corporation, and if it has been changed, the name under which it was originally incorporated;

      (2) The date of filing of its original articles of incorporation with the secretary of state;

      (3) The name and jurisdiction of the entity and type of entity to which the corporation shall be converted;

      (4) That the conversion has been approved in accordance with the provisions of this section;

      (5) The agreement of the corporation that it may be served with process in the state of Rhode Island in any action, suit, or proceeding for enforcement of any obligation of the corporation arising while it was a corporation of this state, and that it irrevocably appoints the secretary of state as its agent to accept service of process in any such action, suit, or proceeding; and

      (6) The address to which a copy of the process referred to in subsection (c)(5) of this section shall be mailed to it by the secretary of state. In the event of such service upon the secretary of state in accordance with subsection (c)(5) of this section, the secretary of state shall forthwith notify such corporation that has converted out of the state of Rhode Island by letter, certified mail, return receipt requested, directed to such corporation that has converted out of the state of Rhode Island at the address so specified, unless such corporation shall have designated in writing to the secretary of state a different address for such purpose, in which case it shall be mailed to the last address designated. Such letter shall enclose a copy of the process and any other papers served on the secretary of state pursuant to this subsection. It shall be the duty of the plaintiff in the event of such service to serve process and any other papers in duplicate,; to notify the secretary of state that service is being affected pursuant to this subsection; and to pay the secretary of state the sum of fifteen dollars ($15.00) for the use of the state, which sum shall be taxed as part of the costs in the proceeding, if the plaintiff shall prevail therein. The secretary of state shall maintain an alphabetical record of any such service setting forth the name of the plaintiff and the defendant,; the title, docket number and nature of the proceeding in which process has been served,; the fact that service has been effected pursuant to this subsection,; the return date thereof,; and the day and hour service was made. The secretary of state shall not be required to retain such information longer than five (5) years from receipt of the service of process.

      (d) Upon the filing in the office of the secretary of state of a certificate of conversion to non-Rhode Island entity in accordance with subsection (c) of this section, or upon the future effective date or time of the certificate of conversion to non-Rhode Island entity and payment to the secretary of state of all fees prescribed under this title, the secretary of state shall certify that the corporation has filed all documents and paid all fees required by this title, and thereupon the corporation shall cease to exist as a corporation of this state at the time the certificate of conversion becomes effective in accordance with § 7-1.2-105. Such certificate of the secretary of state shall be prima facie evidence of the conversion by such corporation out of the state of Rhode Island.

      (e) The conversion of a corporation out of the state of Rhode Island in accordance with this section and the resulting cessation of its existence as a corporation of this state pursuant to a certificate of conversion to non-Rhode Island entity shall not be deemed to affect any obligations or liabilities of the corporation incurred prior to such conversion or the personal liability of any person incurred prior to such conversion, nor shall it be deemed to affect the choice of law applicable to the corporation with respect to matters arising prior to such conversion.

      (f) Unless otherwise provided in a resolution of conversion adopted in accordance with this section, the converting corporation shall not be required to wind up its affairs or pay its liabilities and distribute its assets, and the conversion shall not constitute a dissolution of such corporation.

      (g) In connection with a conversion of a domestic corporation to another entity pursuant to this section, shares of stock, stock of the corporation of this state which that is to be converted may be exchanged for or converted into cash, property, rights or securities of, or interests in, the entity to which the corporation of this state is being converted or, in addition to or in lieu thereof, may be exchanged for or converted into cash, property, shares of stock, rights or securities of, or interests in, another domestic corporation or other entity or may be cancelled.

      (h) When a corporation has been converted to another entity or business form pursuant to this section, the other entity or business form shall, for all purposes of the laws of the state of Rhode Island, be deemed to be the same entity as the corporation. When any conversion shall have become effective under this section, for all purposes of the laws of the state of Rhode Island, all of the rights, privileges and powers of the corporation that has converted, and all property, real, personal and mixed, and all debts due to such corporation, as well as all other things and causes of action belonging to such corporation, shall remain vested in the other entity or business form to which such corporation has converted and shall be the property of such other entity or business form, and the title to any real property vested by deed or otherwise in such corporation shall not revert to such corporation or be in any way impaired by reason of this chapter; but all rights of creditors and all liens upon any property of such corporation shall be preserved unimpaired, and all debts, liabilities and duties of the corporation that has converted shall remain attached to the other entity or business form to which such corporation has converted, and may be enforced against it to the same extent as if said debts, liabilities and duties had originally been incurred or contracted by it in its capacity as such other entity or business form. The rights, privileges, powers and interest in property of the corporation that has converted, as well as the debts, liabilities and duties of such corporation, shall not be deemed, as a consequence of the conversion, to have been transferred to the other entity or business form to which such corporation has converted for any purposes of the laws of the state of Rhode Island.

      (i) No vote of stockholders of a corporation shall be necessary to authorize a conversion if no shares of the stock of such corporation shall have been issued prior to the adopting by the board of directors of the resolution approving the conversion. 


 

 

 

 

 

70)

Section

Amend Chapter Numbers:

 

7-1.2-1301

80 and 88

 

 

7-1.2-1301. Voluntary dissolution by incorporators. -- (a) A corporation which has not commenced business and which has not issued any shares, may be voluntarily dissolved by its incorporators at any time in the following manner:

      (1) Articles of dissolution are executed by a majority of the incorporators, and verified by them, and state:

      (i) The name of the corporation.

      (ii) The date of issuance of its certificate of incorporation.

      (iii) That none of its shares have been issued.

      (iv) That the corporation has not commenced business.

      (v) That the amount, if any, actually paid in on subscriptions for its shares, less any part of the amount disbursed for necessary expenses, has been returned to those entitled to it.

      (vi) That no debts of the corporation remain unpaid.

      (vii) That a majority of the incorporators elect that the corporation be dissolved.

      (2) The original articles of dissolution are delivered to the secretary of state. If the secretary of state finds that the articles of dissolution conform to law, the secretary of state shall, when all fees and franchise taxes have been paid:, as evidenced by an appropriate certificate of good standing issued by the Rhode Island division of taxation:

      (i) Endorse on the original the word "Filed," and the month, day, and year of the filing.

      (ii) File the original in his or her office.

      (iii) Issue a certificate of dissolution.

      (3) If the corporation is dissolved prior to the effective date stated on the articles of incorporation, no franchise taxes shall be due.

      (b) The certificate of dissolution is delivered to the incorporators or their representative. Upon the issuance of the certificate of dissolution by the secretary of state, the existence of the corporation ceases.     


 

 

71)

Section

Amend Chapter Numbers:

 

7-1.2-1309

80 and 88

 

 

7-1.2-1309. Filing of articles of dissolution. -- (a) The articles of dissolution are delivered to the secretary of state. If the secretary of state finds that the articles of dissolution conform to law, the secretary of state shall, when all fees and franchise taxes have been paid:, as evidenced by an appropriate certificate of good standing issued by the Rhode Island division of taxation:

      (1) Endorse on the original the word "Filed," and the month, day, and year of the filing.

      (2) File the original in his or her office.

      (3) Issue a certificate of dissolution.

      (b) The certificate of dissolution is delivered to the representative of the dissolved corporation. Upon the issuance of the certificate of dissolution the existence of the corporation ceases, except for the purpose of suits, other proceedings, and appropriate corporate action by shareholders, directors, and officers as provided in this chapter.     


                                                                                                     

 

 

72)

Section

Amend Chapter Numbers:

 

7-1.2-1413

80 and 88

 

 

7-1.2-1413. Filing of application for withdrawal. -- (a) An original application for withdrawal must be delivered to the secretary of state. If the secretary of state finds that the application conforms to the provisions of this chapter, the secretary of state shall, when all fees and taxes have been paid:, as evidenced by an appropriate certificate of good standing issued by the Rhode Island division of taxation:

      (1) Endorse on the original the word "Filed," and the month, day, and year of the filing.

      (2) File the original in his or her office.

      (3) Issue a certificate of withdrawal.

      (b) The secretary of state shall deliver the certificate of withdrawal to the corporation or

its representative. Upon the issuance of the certificate of withdrawal, the authority of the corporation to transact business in this state ceases.


 

 

 73)

Section

Amend Chapter Numbers:

 

7-5.3-13

61 and 65

 

 

7-5.3-13. Availability of annual benefit report. -- (a) A benefit corporation shall send its annual benefit report to each shareholder on the earlier of:

      (1) One within one hundred twenty (120) days following the end of the fiscal year of the benefit corporation; or except, that the first report shall be recorded the year following the calendar year in which its articles of incorporation or its certificate of authority was issued by the secretary of state.

      (2) The same time that the benefit corporation delivers any other annual report to its shareholders.

      (b) A benefit corporation shall post all of its benefit reports on the public portion of its Internet internet website, if any, but the compensation paid to directors and financial or proprietary information included in the benefit reports may be omitted from the benefit reports as posted.

      (c) If a benefit corporation does not have an Internet internet website, the benefit corporation shall provide a copy of its most recent benefit report, without charge, to any person that requests a copy, but the compensation paid to directors and financial or proprietary information included in the benefit report may be omitted from the copy of the benefit report provided.

      (d) Concurrently with the delivery of the benefit report to shareholders under subsection (c), the benefit corporation shall deliver an annual report as specified in § 7-1.2-1501 together with a copy of the benefit report specified in § 7-5.3-12 to the secretary of state for filing,. but the The compensation paid to directors and financial or proprietary information included in the benefit report may be omitted from the benefit report as delivered to the secretary of state. The secretary of state shall charge a fee of ten dollars ($10.00) sixty dollars ($60.00) for filing a benefit report the combined reports. Benefit corporations will not be subject to the annual report filing period outlined in § 7-1.2-1501(c).      

     (e) If the secretary of state finds that the annual report conforms to the requirements of this section, the secretary of state shall file the report. If the secretary of state finds that it does not conform, the secretary of state shall promptly return the report to the corporation for any necessary corrections, in which event the penalties subsequently prescribed for failure to file the report within the time previously provided do not apply if the report is corrected to conform to the requirements of this section and returned to the secretary of state within thirty (30) days from the date on which it was mailed to the corporation by the secretary of state.      

     (f) Each corporation, domestic or foreign, that fails or refuses to file its annually report for any year within thirty (30) days after the time prescribed by this chapter is subject to a penalty of twenty-five dollars ($25.00) per year.


 

 

74)

Section

Amend Chapter Numbers:

 

7-13-2

80 and 88

 

 

7-13-2. Name. -- (a) The name of each limited partnership as presented in its certificate of limited partnership:

      (1) Shall contain the words "limited partnership," or the letters and punctuation abbreviation "L.P." or "LP";

      (2) May not contain the name of a limited partner unless

      (i) It is also the name of a general partner or the corporate name of a corporate general partner, or

      (ii) The business of the limited partnership had been carried on under that name before the admission of that limited partner;

      (3) Shall be distinguishable upon the records of the secretary of state from the name of any corporation, nonbusiness corporation or other association, domestic or foreign limited liability company, limited partnership organized under the laws of, or registered or qualified to do business in this state or any name which is filed, reserved or registered under this title or as permitted by the laws of this state, subject to the following:

      (i) This provision does not apply if the applicant files with the secretary of state a certified copy of a final decree of a court of competent jurisdiction establishing the prior right of the applicant to the use of the name in this state; and

      (ii) The name may be the same as the name of a corporation, nonbusiness corporation or other association the certificate of incorporation or organization of which has been revoked by the secretary of state as permitted by law, and the revocation has not been withdrawn within one year from the date of the revocation.

      (iii) Words and/or abbreviations that are required by statute to identify the particular type of business entity shall be disregarded when determining if a name is distinguishable upon the records of the secretary of state.

      (iv) The secretary of state shall promulgate rules and regulations defining the term "distinguishable upon the record" for the administration of this chapter.

      (b) (1) Any domestic or foreign limited partnership formed under the laws of, or registered to do business in this state may transact business in this state under a fictitious name provided that it files a fictitious business name statement in accordance with this subsection prior to the time it commences to conduct business under the fictitious name.

      (2) A fictitious business name statement shall be filed with the secretary of state, and shall be executed, in the case of a domestic limited partnership, by an authorized person and, in the case of a foreign limited partnership, by a person with authority to do so under the laws of the state or other jurisdiction of its formation, and shall state:

      (i) The fictitious business name to be used; and

      (ii) The name of the applicant limited partnership or foreign limited partnership, and the state and date of its formation.

      (3) The fictitious business name statement expires upon the filing of a statement of abandonment of use of a fictitious business name registered in accordance with this subsection or upon the dissolution of the domestic limited partnership or the cancellation of registration of the foreign limited partnership.

      (4) The statement of abandonment of use of a fictitious business name under this subsection shall be filed with the secretary of state, shall be executed in the same manner provided in subdivision (2) and shall state:

      (i) The fictitious business name being abandoned;

      (ii) The date on which the original fictitious business name statement being abandoned was filed; and

      (iii) The information presented in subdivision (2)(ii) of subsection (b).

      (5) No domestic or foreign limited partnership transacting business under a fictitious business name contrary to the provisions of this section, or its assignee, may maintain any action upon or on account of any contract made, or transaction had, in the fictitious business name in any court of the state until a fictitious business name statement has been filed in accordance with this section.

      (6) No domestic or foreign limited partnership may be permitted to transact business under a fictitious business name pursuant to this section which is the same as the name of any corporation, nonbusiness corporation or other association, domestic or foreign limited partnership or domestic or foreign limited liability company organized under the laws of, or registered or qualified to do business in this state or any name which is filed, reserved or registered under this title or as permitted by the laws of this state, subject to the following:

      (i) This provision does not apply if the applicant files with the secretary of state a certified copy of a final decree of a court of competent jurisdiction establishing the prior right of the applicant to the use of the name in this state; and

      (ii) The name may be the same as the name of a corporation, nonbusiness corporation or other association the certificate of incorporation or organization of which has been revoked by the secretary of state as permitted by law and the revocation has not been withdrawn within one year from the date or revocation.

      (iii) Words and/or abbreviations that are required by statute to identify the particular type of business entity shall be disregarded when determining if a name is distinguishable upon the records of the secretary of state.

      (iv) The secretary of state shall promulgate rules and regulations defining the term "distinguishable upon the record" for the administration of this chapter.  


 

 

75)

Section

Amend Chapter Numbers:

 

7-13-8.2

80 and 88

 

 

7-13-8.2. Approval of conversion of a limited partnership. – (a) A domestic limited partnership may convert to a corporation, a business trust or association, a real estate investment trust, a common-law trust, or any other unincorporated business or entity including a partnership, whether general or limited (including a registered limited liability partnership) or a limited liability company, organized, formed, or created under the laws of the state of Rhode Island, upon the authorization of that conversion in accordance with this section. If the partnership agreement specified the manner of authorizing a conversion of the limited partnership, the conversion shall be authorized as specified in the partnership agreement. If the partnership agreement does not specify the manner of authorizing a conversion of the limited partnership and does not prohibit a conversion of the limited partnership, the conversion shall be authorized in the same manner as is specified in the partnership agreement for authorizing a merger or consolidation that involves the limited partnership as a constituent party to the merger or consolidation. If the partnership agreement does not specify the manner of authorizing a conversion of the limited partnership or a merger or consolidation that involved the limited partnership as a constituent party and does not prohibit a conversion of the limited partnership, the conversion shall be authorized by the approval (1) by all general partners, and (2) by the limited partners or, if there is more than one class or group of limited partners, then by each class or group of limited partners, in either case, by limited partners who own more than fifty percent (50%) of the then current percentage or other interest in the profits of the domestic limited partnership owned by all of the limited partners or by the limited partners in each class or group, as appropriate.  

     (b) If a limited partnership, partnership shall convert in accordance with this section to another entity or business form organized, formed, or created under the laws of a jurisdiction other than the state of Rhode Island or to a Rhode Island unincorporated "other entity", a certificate of conversion to a non-Rhode Island entity shall be filed in the office of the secretary of state. The certificate of conversion to a non-Rhode Island entity shall state:    

     (1) The name of the limited partnership and, if it has been changed, the name under which its certificate of formation was originally filed;     

     (2) The date of filing of its original certificate of formation with the secretary of state;     

     (3) The jurisdiction in which the entity or business form, to which the limited partnership shall be converted, is organized, formed, or created, and the name and type of such entity or business form;     

     (4) The future effective date or time, which shall be a date or time certain, of the conversion if it is not to be effective upon the filing of the certificate of conversion to a non-Rhode Island entity;   

     (5) That the conversion has been approved in accordance with this section; and    

     (6) The agreement of the limited partnership that it may be served with process in the state of Rhode Island in any action, suit, or proceeding for enforcement of any obligation to the limited partnership arising while it was a limited partnership of the state of Rhode Island, and that it irrevocably appoints the secretary of state as its agent to accept service of process in any such action, suit, or proceeding.    

     (c) Upon the filing in the office of the secretary of state of the certificate of conversion to an on-Rhode Island entity or upon the future effective date or time of the certificate of conversion to a non-Rhode Island entity and upon payment of all fees due by the limited partnership, as evidenced by an appropriate certificate of good standing issued by the Rhode Island division of taxation, the secretary of state shall certify that the limited partnership has filed all documents and paid all fees required by this chapter, and thereupon the limited partnership shall cease to exist as a limited partnership of the state of Rhode Island. Such certificate of the secretary of state shall be prima facie evidence of the conversion by such limited partnership out of the state of Rhode Island.

     (d) The conversion of a limited partnership out of the state of Rhode Island in accordance with this section and the resulting cessation of its existence as a limited partnership of the state of Rhode Island pursuant to a certificate of conversion to a non-Rhode Island entity shall not be deemed to affect any obligations or liabilities of the limited partnership incurred prior to such conversion or the personal liability of any person incurred prior to such conversion, nor shall it be deemed to affect the choice of laws applicable to the limited partnership with respect to matters arising prior to such conversion.     

     (e) When a limited partnership has been converted to another entity or business form pursuant to this section, the other entity or business form shall, for all purposes of the laws of the state of Rhode Island, be deemed to be the same entity as the limited partnership. When any conversion shall have become effective under this section, for all purposes of the laws of the state of Rhode Island, all of the rights, privileges, and powers of the limited partnership that has converted, and all property, real, personal, and mixed, and all such debts due to such limited partnership, as well as all other things and causes of action belonging to such limited partnership, shall remain vested in the other entity or business form to which such limited partnership has converted and shall be the property of such other entity or business form, and the title to any real property vested by deed or otherwise in such limited partnership shall not revert to such limited partnership or be in any way impaired by reason of this chapter, but all rights of creditors and all liens upon any property of such limited partnership shall be preserved unimpaired, and all debts, liabilities, and duties of the limited partnership that has converted shall remain attached to the other entity or business form to which such limited partnership has converted, and may be enforced against it to the same extent as if said debts, liabilities, and duties had originally been incurred or contracted by it in its capacity as such other entity or business form. The rights, privileges, powers, and interests in property of the limited partnership that has converted, as well as the debts, liabilities and duties of such limited partnership, shall not be deemed, as a consequence of the conversion, to have been transferred to the other entity or business form to which such limited partnership has converted for any purpose of the laws of the state of Rhode Island.   


 

 

76)

Section

Amend Chapter Numbers:

 

7-13-10

80 and 88

 

 

7-13-10. Cancellation of certificate. -- A certificate of limited partnership is cancelled upon the dissolution and the commencement of winding up of the partnership or at any other time there are no limited partners, or upon the conversion of a limited partnership to a limited liability company. When all fees and taxes have been paid to the tax administrator, as evidenced by an appropriate certificate of good standing issued by the Rhode Island division of taxation, a certificate of cancellation shall be filed in the office of the secretary of state and state:

      (1) The name of the limited partnership;

      (2) The date of filing of its certificate of limited partnership or certificate of conversion from a limited partnership to a limited liability company, as the case may be;

      (3) The reason for filing the certificate of cancellation;

      (4) The effective date (which shall be a date certain) of cancellation if it is not to be effective upon the filing of the certificate; and

      (5) Any other information the general partners filing the certificate determine. 


 

 

77)

Section

Amend Chapter Numbers:

 

7-13-53

80 and 88

 

 

7-13-53. Cancellation of registration. -- When all fees and taxes have been paid to the tax administrator, as evidenced by an appropriate certificate of good standing issued by the Rhode Island division of taxation, a foreign limited partnership may cancel its registration by filing with the secretary of state a certificate of cancellation signed and sworn to by a general partner. In filing a certificate of cancellation, the foreign limited partnership revokes the authority of its registered agent to accept service of process and consents that service of process in any action, suit or proceeding based upon any cause of action arising in this state during the time the foreign limited partnership was authorized to transact business in this state may subsequently be made on the foreign limited partnership by service on the secretary of state. The certificate of cancellation must include the post office address to which the secretary of state may mail a copy of any process against the foreign limited partnership that is served on the secretary of state.


 

 

78)

Section

Amend Chapter Numbers:

 

7-16-5.2

80 and 88

 

 

7-16-5.2. Approval of conversion of a limited liability company. -- (a) A domestic limited liability company may convert to a corporation, a business trust, or association, a real estate investment trust, a common law trust, a sole proprietorship, or any other unincorporated business or entity including a partnership, (whether general or limited, including a registered limited liability partnership), or a foreign limited liability company upon the authorization of the conversion in accordance with this section.

      (b) If the limited liability company agreement specified the manner of authorizing a conversion of the limited liability company, the conversion shall be authorized as specified in the limited liability company agreement. If the limited liability company agreement does not specify the manner of authorizing a conversion of the limited liability company and does not prohibit a conversion of the limited liability company, the conversion shall be authorized in the same manner as is specified in the limited liability company agreement for authorizing a merger or consolidation that involves the limited liability company as a constituent party to the merger or consolidation. If the limited liability company agreement does not specify the manner of authorizing a conversion of the limited liability company or a merger or consolidate that involves the limited liability company as a constituent party and does not prohibit a conversion of the limited liability company, the conversion shall be authorized by the approval by the members or, if there is more than one class or group of members, then by each class or group of members, in either case, by members who own more than fifty percent (50%) of the then current then-current percentage or other interest in the profits of the domestic limited liability company owned by all of the members or by the members in each class or group, as appropriate.

      (c) Unless otherwise agreed, the conversion of a domestic limited liability company to another entity or business form pursuant to this section shall not require such limited liability company to wind up its affairs under § 7-16-45 or pay its liabilities and distribute its assets under § 7-16-46, and the conversion shall not constitute a dissolution of such limited liability company. When a limited liability company has converted to another entity or business form pursuant to this section, for all purposes of the laws of the state of Rhode Island, the other entity or business form shall be deemed to be the same entity as the converting limited liability company and conversion shall constitute a continuation of the existence of the limited liability company in the form of such other entity or business form.

      (d) In connection with a conversion of a domestic limited liability company to another entity or business form pursuant to this section, rights or securities of or interests in the domestic limited liability company which that is to be converted may be exchanged for or converted into cash, property, rights or securities of or interests in the entity or business form into which the domestic limited liability company is being converted or, in addition to or in lieu thereof, may be exchanged for or converted into cash, property, rights or securities of or interests in another entity or business form or may be cancelled.

      (e) If a limited liability company shall convert in accordance with this section to another entity or business form organized, formed, or created under the laws of a jurisdiction other than the state of Rhode Island or to a Rhode Island unincorporated "other entity", a certificate of conversion to non-Rhode Island entity shall be filed in the office of the secretary of state. The certificate of conversion to non-Rhode Island entity shall state:

      (1) The name of the limited liability company and, if it has been changed, the name under which its certificate of formation was originally filed;

      (2) The date of filing of its original certificate of formation with the secretary of state;

      (3) The jurisdiction in which the entity or business form, to which the limited liability company shall be converted, is organized, formed, or created, and the name and type of such entity or business form;

      (4) The future effective date or time (which shall be a date or time certain) of the conversion if it is not to be effective upon the filing of the certificate of conversion to non-Rhode Island entity;

      (5) That the conversion has been approved in accordance with this section;

      (6) The agreement of the limited liability company that it may be served with process in the state of Rhode Island in any action, suit, or proceeding for enforcement of any obligation to the limited liability company arising while it was a limited liability company of the state of Rhode Island, and that it irrevocably appoints the secretary of state as its agent to accept service of process in any such action, suit, or proceeding;

      (f) Upon the filing in the office of the secretary of state of the certificate of conversion to non-Rhode Island entity or upon the future effective date or time of the certificate of conversion to non-Rhode Island entity and payment to the secretary of state of all fees prescribed in this chapter, upon payment of all fees due by the limited liability company, as evidenced by an appropriate certificate of good standing issued by the Rhode Island division of taxation, the secretary of state shall certify that the limited liability company has filed all documents and paid all fees required by this chapter, and thereupon the limited liability company shall cease to exist as a limited liability company of the state of Rhode Island. Such certificate of the secretary of state shall be prima facie evidence of the conversion by such limited liability company out of the state of Rhode Island.

      (g) The conversion of a limited liability company out of the state of Rhode Island in accordance with this section and the resulting cessation of its existence as a limited liability company of the state of Rhode Island pursuant to a certificate of conversion to non-Rhode Island entity shall not be deemed to affect any obligations or liabilities of the limited liability company incurred prior to such conversion or the personal liability of any person incurred prior to such conversion, nor shall it be deemed to affect the choice of laws applicable to the limited liability company with respect to matters arising prior to such conversion.

      (h) When a limited liability company has been converted to another entity or business form pursuant to this section, the other entity or business form shall, for all purposes of the laws of the state of Rhode Island, be deemed to be the same entity as the limited liability company. When any conversion shall have become effective under this section, for all purposes of the laws of the state of Rhode Island, all of the rights, privileges, and powers of the limited liability company that has converted, and all property, real, personal, and mixed, and all such debts due to such limited liability company, as well as all other things and causes of action belonging to such limited liability company, shall remain vested in the other entity or business form to which such limited liability company has converted and shall be the property of such other entity or business form, and the title to any real property vested by deed or otherwise in such limited liability company shall not revert to such limited liability company or be in any way impaired by reason of this chapter; but all rights of creditors and all liens upon any property of such limited liability company shall be preserved unimpaired, and all debts, liabilities, and duties of the limited liability company that has converted shall remain attached to the other entity or business form to which such limited liability company has converted, and may be enforced against it to the same extent as if said debts, liabilities, and duties had originally been incurred or contracted by it in its capacity as such other entity or business form. The rights, privileges, powers, and interests in property of the limited liability company that has converted, as well as the debts, liabilities, and duties of such limited liability company, shall not be deemed, as a consequence of the conversion, to have been transferred to the other entity or business form to which such limited liability company has converted for any purpose of the laws of the state of Rhode Island.     


 

 

79)

Section

Amend Chapter Numbers:

 

7-16-8

80 and 88

 

 

7-16-8. Filing. -- (a) The secretary of state may not accept for filing any document under this chapter which that does not conform with law.

      (b) The secretary of state may not accept for filing any organizational document, qualification, registration, change of resident agent report, service of process, notice, or other document until all required filing and other fees have been paid to the secretary of state.

      (c) The secretary of state may not accept for filing any article of dissolution, cancellation of registration, article of merger, unless the surviving entity is a domestic entity of record with the office of the secretary of state, or the reinstatement of a limited liability company's certificate of organization or registration until all required filing and other fees have been paid to the secretary of state and all fees and franchise taxes have been paid., as evidenced by an appropriate certificate of good standing issued by the Rhode Island division of taxation.

      (d) The secretary of state may not accept for filing a certificate of conversion to a non-Rhode Island entity until all required filing and other fees have been paid to the secretary of state and all fees and franchise taxes have been paid., as evidenced by an appropriate certificate of good standing issued by the Rhode Island division of taxation.

      (e) When the secretary of state accepts the articles of organization or a certificate of registration or any other document filed under this chapter, the secretary of state shall:

      (1) Endorse on the document the date and time of its acceptance for filing;

      (2) Promptly file the document; and

      (3) Issue a certificate or other evidence which that establishes:

      (i) That the document was accepted for filing by the secretary of state; and

      (ii) The date and time of the acceptance for filing.

      (f) The document becomes effective upon the issuance of the certificate or other evidence or at any later date that is set forth within the document, not more than thirty (30) days after the filing of such document.    


 

 

 

 

80)

Section

Amend Chapter Numbers:

 

8-5-1

260 and 275

 

 

8-5-1. Supreme court secretary and assistant -- Powers of court attendants. -- The supreme court may appoint a secretary and an assistant secretary, each of whom shall hold office during its pleasure and shall perform such duties as may be required by the court. All court attendants, when on duty, shall have the power of police constables.


 

 

81)

Section

Repeal  Chapter Numbers:

 

8-8-14

38 and 40

 

 

8-8-14. [Repealed.]


 

 

82)

Section

Amend Chapter Numbers:

 

8-8.1-4.2

260 and 275

 

 

8-8.1-4.2. Return of service -- Alternate service. -- (a) The complaint and any order issued under this chapter shall be personally served upon the defendant by a deputy sheriff or certified constable except as provided in subsections (c), (d), and (f) of this section. Service shall be made without payment of any fee when service is made by a deputy sheriff. At the election of the plaintiff, service pursuant to this subsection may also be made by a certified constable licensed authorized to serve process of the district court pursuant to § 45-16-4.1 9-5-10.1. The certified constable shall be entitled to receive the fee allowed by law for the service of a district court summons.

      (b) Return of service shall be forwarded by the deputy sheriff or certified constable to the clerk of court prior to the date set down for hearing on the complaint. If service has not been made, the deputy sheriff or certified constable shall indicate on the summons the reason therefor and the attempts made to serve the defendant.

      (c) At the time the return of service is sent to the clerk of the court, the deputy sheriff or certified constable shall cause a copy of the return of service to be sent to the plaintiff and to the appropriate law enforcement agency.

      (d) If, at the time of hearing on the complaint, the court determines that after diligent effort the deputy sheriff or certified constable has been unable to serve the defendant personally, the judge may order an alternate method of service designed to give reasonable notice of the action to the defendant and taking into consideration the plaintiff's ability to afford the means of service ordered. Alternative service shall include include, but not be limited to: service by certified and regular mail at defendant's last known address (excluding the residence which that he or she has been ordered to vacate) or place of employment, employment; leaving copies at the defendant's dwelling or usual place of abode with a person of suitable age and discretion residing therein, therein; or by publication in a newspaper for two (2) consecutive weeks. The court shall set a new date for hearing on the complaint and shall extend the temporary order until that date.

      (e) If the defendant appears in person before the court, the necessity for further service is waived and proof of service of that order is not necessary.

      (f) If the defendant is served notice regarding the complaint and hearing, but does not appear at the hearing, the clerk of the district court shall mail the defendant a copy of the resulting order.


 

 

83)

Section

Amend Chapter Numbers:

 

9-5-6

260 and 275

 

 

9-5-6. Writs and process operating throughout state -- Officers to whom directed. -- All writs, executions, and process shall run throughout the state, state and shall be directed for service to the division of sheriffs, or to a certified constables constable, but if any deputy sheriff is a party to the action or suit, the process, process shall be directed to the town sergeant or a certified constable and may be served by any one of them not a party to the action or suit.   


 

 

84)

Section

Amend Chapter Numbers:

 

9-5-7

260 and 275

 

 

9-5-7. Direction of writs for arrest or execution against the body. -- All writs whatsoever, whatsoever commanding the arrest of a defendant, or executions running against the body of a defendant, shall be directed for service only to the division of sheriffs or to a certified constable authorized pursuant to § 9-5-10.1, or if the writ is to be served in the town of New Shoreham, it may be directed to the town sergeant of the town, subject to the provisions of § 9-5-8, and no writ of arrest shall be served by any other officer.     


 

 

85)

Section

Amend Chapter Numbers:

 

9-5-10

260 and 275

 

 

9-5-10. Direction and return of district courts writs and summonses. -- Writs and summonses issued by a district court shall be made returnable to the court at the place and on the day and hour provided by law, to be named in the writs and summonses, and shall, except as otherwise specifically provided, be directed to the division of sheriffs, or to either of the town sergeants sergeants, or constables to a certified constable licensed authorized pursuant to § 45-16-4.1 9-5-10.1 of the county in which the action shall be brought, or pursuant to § 45-16-4.3 for statewide service; provided, that writs of arrest and writs, summonses, and executions issued by a district court in actions for possession of tenements or estates let or held at will or by sufferance shall be directed to the division of sheriffs and service thereof shall be made by a member of the division of sheriffs; and provided, further, that in actions wherein the debt or damages demanded exceed three hundred dollars ($300), a town sergeant of the county in which the action is brought shall have power to serve the writs or summonses only if his or her certificate of appointment has been endorsed approving such use thereof by the judge of the district court having jurisdiction in the city or town by which the sergeant was appointed or elected. In case any person upon whom it is necessary to make service of any writ, summons, or execution issued by a district court is, or has estate, in any other county than the one in which the action is brought, the writ, summons, or execution may also be directed to and served by the like officer of such other county.   


 

 

 

86)

Section

Add Chapter Numbers:

 

9-5-10.1

260 and 275

 

 

9-5-10.1. Certification of constables. – (a) A person at least twenty-one (21) years of age who complies with the statute and the requirements set forth in any regulations promulgated by the department of business regulation may file an application with the department requesting that the applicant be certified as a constable. Once issued by the department, such certification shall be effective for a period of two (2) years or until such approval is withdrawn by the department. Such certified constable shall be entitled to serve or execute writs and process in such capacity for any court of the state, anywhere in the state subject to any terms and limitations as set forth by the court, and in such number as determined by the chief judge of the district court.     

     (b) Certification process.          

     (1) Application.   

     (i) Any person seeking certification pursuant to this section shall complete an application and submit it to the department of business regulation in the form designated by the department for such applications.     

     (ii) The application shall include information determined by the department to be relevant to licensure and shall include a national criminal background check.     

     (2) Referral to certified constables' board.     

     (i) Once the applicant has provided a completed the application, the department shall refer the applicant to the certified constables' board by providing a copy of the application to the board and to the chief judge of the district court.     

     (3) Training.     

     (i) Following review of the application, the board shall determine whether the applicant should be recommended for training by the board to be conducted by a volunteer training constable. If the board determines that training is appropriate, the applicant shall be assigned to a training constable who shall be a constable in good standing for a minimum of ten (10) years and who is approved by the chief judge of the district court to train prospective constables.     

     (ii) Training shall consist of a minimum of ninety (90) hours to be completed within ninety (90) days from the date of the referral by the board.     

     (iii) Within thirty (30) days from the conclusion of training, a written report shall be submitted by the training constable to the board with a copy to the department that reflects the dates and times of training and comments on the aptitude of the trainee.     

     (iv) If the board concludes that training is not appropriate or if the report of the training constable concludes that the applicant does not have the aptitude to perform the duties of a constable, the board shall so inform the department which shall deny the application on that basis.      

     (4) Oral and written tests.     

     (i) Upon the successful completion of the training period and recommendation from the training constable, within ninety (90) days, the applicant shall complete an oral examination on the legal and practical aspects of certified constables' duties that shall be created and administered by the board.     

     (ii) Upon the successful completion of the oral examination, within sixty (60) days the applicant must complete a written test created by the board and approved by the chief judge of the district court that measures the applicant's knowledge of state law and court procedure.     

     (iii) If the board concludes that the applicant has not successfully passed either the oral or written test, the board shall so inform the department which shall deny the application on that basis.      

     (5) Final review. The department shall review the application, training record, test scores, and such other information or documentation as required and shall determine whether the applicant shall be approved for certification and the person authorized to serve process in the state.    


 

 

87)

Section

Add Chapter Numbers:

 

9-5-10.2

260 and 275

 

 

9-5-10.2. Posting of bond by certified constables. -- Upon filing of the application and training required by § 9-5-10.1, an applicant shall submit an application fee in the amount of four hundred dollars ($400) and deposit a bond with sufficient sureties in the sum of ten thousand dollars ($10,000) for the faithful performance of the duties of his or her office conditioned to protect members of the public and persons contracting with the certified constable against any damage arising from any actionable misconduct on the part of the applicant while serving as a certified constable. The terms of the bond shall include notification by the surety issuing the bond to the department if the bond is revoked, cancelled, or otherwise not in effect. Failure to keep the bond in effect shall be grounds for revocation of the certification to act as a constable.   


 

 

88)

Section

Add Chapter Numbers:

 

9-5-10.3

260 and 275

 

 

9-5-10.3. Powers and authority of certified constables. – (a) No certified constable shall display any badge, emblem, or certification in the course of his or her duties except that which is issued or authorized by the department of business regulation, nor shall any certified constable misrepresent himself or herself as a law enforcement officer or peace officer.   

     (b) Certified constables shall have no power or authority other than to serve process and execute writs as provided by this section.  

     (c) The powers and authority of any constable who is presently approved to serve process by the district court shall continue in full force and effect until such time that his or her application for certification is approved in accordance with the certification process set forth in § 9-5-10.5, but in no event shall such period exceed two (2) years.   

     (d) No certified constable, while serving or executing any process or writ issued by or returnable to the court, is liable in any civil action to respond in damages as a result of his or her acts of commission or omission arising directly out of his or her negligent serving or executing the process or writ except as provided in § 9-5-10.5. In the event a civil action is brought against a certified constable as the result of the performance of his or her duties, the constable is entitled to recover all costs and attorney's fees incurred by the certified constable incidental to the civil action.      


 

 

 

 

 

 

 

89)

Section

Add Chapter Numbers:

 

9-5-10.4

260 and 275

 

 

9-5-10.4. Renewal of certification of certified constables. -- A certified constable shall be required to renew his or her certification every two (2) years. Any certified constable failing to renew his or her certification shall no longer be approved to serve as a certified constable. At the time of renewal, the certified constable shall submit a renewal application fee of four hundred dollars ($400) and provide evidence that he or she has completed ten (10) hours of approved continuing education in the areas of service of process within the prior twenty-four-month (24) period, and such courses shall be approved by the Independent Constables Association, Inc. and/or the Rhode Island Constables, Inc., along with proof of sufficient bond, a current criminal background check, and current contact information. Failure to provide any of these items shall be grounds to deny renewal of the certification.    


 

 

90)

Section

Add Chapter Numbers:

 

9-5-10.5

260 and 275

 

 

9-5-10.5. Suspension, revocation or review of certification of certified constables. – (a) Upon the receipt of a written complaint, request of the board, request of a judge of any court, or upon its own initiative, the department shall ascertain the facts and, if warranted, hold a hearing for the reprimand, suspension, or revocation of a certification. The director, or his or her designee, has the power to refuse a certification for cause or to suspend or revoke a certification or place an applicant on probation for any of the following reasons:     

     (1) The certification was obtained by false representation or by fraudulent act or conduct;      

     (2) Failure to report to the department any of the following within thirty (30) days of the occurrence:      

     (i) Any criminal prosecution taken in any jurisdiction. The constable shall provide the initial complaint filed and any other relevant legal documents;     

     (ii) Any change of name, address or other contact information;      

     (iii) Any administrative action taken against the constable in any jurisdiction by any government agency within or outside of this state. The report shall include a copy of all relevant legal documents.      

     (3) Failure to respond to the department within ten (10) days to any written inquiry from the department;      

     (4) Where a certified constable, in performing or attempting to perform any of the acts mentioned in this section, is found to have committed any of the following:      

     (i) Inappropriate conduct that fails to promote public confidence, including failure to maintain impartiality, equity, and fairness in the conduct of his or her duties;      

     (ii) Neglect, misfeasance, or malfeasance of his or her duties;      

     (iii) Failure to adhere to court policies, rules, procedures, or regulations;      (iv) Failure to maintain the highest standards of personal integrity, honesty, and truthfulness, including misrepresentation, bad faith, dishonesty, incompetence, or an arrest or conviction of a crime.     

     (5) A copy of the determination of the director of department of business regulation, or his or her designee, shall be forwarded to the chief judge of the district court within ten (10) business days.     

     (b) Nothing herein shall be construed to prohibit the chief of any court from suspending the certification of a constable to serve process within his or her respective court pending the outcome of an investigation consistent with the provisions of chapter 35 of title 42.  


 

 

91)

Section

Add Chapter Numbers:

 

9-5-10.6

260 and 275

 

 

9-5-10.6. Certified constables' board. – (a) There shall be created a certified constables' board that shall review each applicant and recommend him or her for training, conduct the oral examination of each applicant, and that shall serve as a resource to the chief judge and the department in the consideration of the practical aspects of constable practice. The board shall consist of five (5) members: two (2) who shall be constables in good standing who have served for at least ten (10) years, one of whom shall be appointed by the Rhode Island Constables, Inc. and one appointed by the Rhode Island Constables Association; and three (3) attorneys who shall be licensed to practice law by the supreme court in good standing who shall be appointed by the chief judge of the district court. Members of the constables' board shall serve for terms of five (5) years until a successor is appointed and qualified.     

     (b) A representative of the board may attend hearings in order to furnish advice to the department. The board may also consult with the department of business regulation from time to time on matters relating to constable certification.


 

 

92)

Section

Amend Chapter Numbers:

 

9-5-15

260 and 275

 

 

9-5-15. Form for writs of replevin. -- Writs of replevin shall be substantially in the following form: WRIT OF REPLEVIN.

THE STATE OF RHODE ISLAND AND PROVIDENCE  PLANTATIONS.      

     SC. To the sheriffs of our several counties and to their deputies, or to a certified constable,     

     (SEAL) Greeting:      

     We command you that you replevy, if to be found within your precinct, the goods and chattels following, viz.: (Here enumerate and particularly describe them) belonging to …………………….. of …………………… now taken (detained, or attached as the case may be) by ……………………… of ……………………… at ………………………. in the county of ………………………. and them deliver unto the said ………………………………., provided the same are not taken, attached, or detained upon original writ, mesne process, warrant of distress, or upon execution as the property of the said ………………………………….; and summon the said ………………….. to appear on the return-day hereof (said return-day being the day of …………………….. A. D. 19…….) in the SUPERIOR COURT to be holden at the county courthouse at …………………….., to answer unto the said …………………….. in a plea of replevin that the said ………………….. on the day of …………………….. at said ………………… unlawfully, and without justifiable cause, took the goods and chattels of the said …………………… as aforesaid, and them unlawfully detained unto this day, (or, unlawfully detained the goods and chattels aforesaid, as the case may be) to the damage of the said ………………………., as he says, …………………… dollars.      Hereof fail not, and make true return of this writ with your doings thereon, together with the bond you shall take of the plaintiff.      Witness, the seal of our superior court, at ……………………… this day of …………………… in the year ……, Clerk.

     SECTION 9. Chapter 9-5 of the General Laws entitled "Writs, Summons and Process" is hereby amended by adding thereto the following sections:     


 

 

93)

Section

Amend Chapter Numbers:

 

9-10-1

260 and 275

 

 

9-10-1. Notice by court of jurors required -- Notifications to sergeants and constables. -- From time to time as occasion may require, the superior court or family court shall direct notices to be sent by the clerk thereof to the jury commissioner that there will be required for the county or counties for which the court is held a certain number of grand or petit jurors and the time and place at which they are required to attend. And the jury commissioner commissioner, on receiving the notice shall take from the list of jurors qualified as provided in chapter 9 of this title, in the order in which their names appear on the jury list, so many names as may be required to insure ensure the attendance of the number of jurors required by the court, court and shall issue notifications to the city or town sergeant or any certified constable of the town where the jurors reside, either in person person, or by one of his or her assistants assistants, or by registered or certified mail, and under his or her hand and seal, designating who are grand and petit jurors, and the time and place at which the jurors are required to attend. Upon consent of the town sergeant of the town where any juror resides, the jury commissioner may retain the notifications for service by the jury commissioner or his or her agents.     


 

 

94)

Section

Amend Chapter Numbers:

 

9-10-2

260 and 275

 

 

9-10-2. Service of notice on jurors. -- The city or town sergeant or certified constable, upon receipt of the notification as provided in section 9-10-1, shall forthwith make service of the notification upon the persons named therein as jurors by delivering to each of them, or by leaving at their last and usual place of abode, a notice substantially in the following form: STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS     

     Sc.      

     TO ………………………………. Greeting:      

     You are hereby notified that you have been drawn as a juror for the superior or family court for the county (or counties) of ………………………. and you are required to attend the said court be holden at ………………….on the ………………… day of ……………………, at ………………. o'clock in the forenoon.      

     Sergeant.      

     Constable.      

     For warning each person the town sergeant or constable shall be paid fifty cents ($.50) out of the town treasury. The jury commissioner or his or her agents, having retained the notifications in accordance with § 9-10-1, shall forthwith serve the notifications in the same form as contained in this section by regular mail.


 

 

95)

Section

Amend Chapter Numbers:

 

9-25-9

260 and 275

 

 

9-25-9. Form of superior court writs of possession. -- (a) Writs of possession issuing from the superior court shall be substantially in the following form:

THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.     

     SC.      

     To the sheriffs of our several counties or to their deputies or to a certified constable,      

     (SEAL) ………………….; ……………………; Greeting:      

     Whereas ………………. of …………… by the consideration of the SUPERIOR COURT holden at ……………… did on the ………………… day of …………………. recover judgment for the possession of …………………… with the privileges and appurtenances thereto belonging against ……………………. of …………………….. who had unjustly withholden ………….. from the possession thereof, and also by the consideration of the same court recovered judgment against the said ……………………. for the sum ……………………… of costs of suit, as to us appears of record, whereof execution remains to be done: We command you, therefore, that without delay you cause the said ……………….. to have possession of and in the said ………………….. with the privileges and appurtenances thereunto belonging. We also command you that of the goods and chattels and real estate of the said …………………, within your precinct, you cause to be levied and paid to the said ………………… the aforesaid sum of …………….. with 50 cents more for this writ, and thereof also to satisfy yourself for your own fees; ]nd for want of the goods and chattels and real estate of the said …………. to be found in your precinct to satisfy and pay the same as aforesaid, we command you to take the body of the said ……………. and ……………… commit unto our correctional institution in your precinct, therein to be kept until ……………….. pay the full sum above mentioned, with your fees, or until …………….. be discharged by the said ………………. or otherwise by order of law.[      Hereof fail not, and make true return of this writ and of your doings thereon to our superior court at …………………… on the …………….. day of …………. A.D. ………..      Witness, the seal of our superior court at ……………….. this …………….. day of ……………… in the year …….. , Clerk.

      (b) If an officer, serving an execution issued under this section on a judgment for the plaintiff for possession of land or tenements, removes personal property belonging to a person other than the plaintiff from the land or tenements and places it upon the sidewalk, highway, street, or way on which land or tenements abut, he or she may forthwith and before the expiration of the time limited in any statute or ordinance for the removal of obstructions in the street, remove the personal property and cause it to be stored for the benefit of the owners thereof.      

     (c) Whoever accepts the personal property on storage from the officer shall have a lien thereon for reasonable storage fees and for reasonable expenses of removing it to the place of storage, but the lien shall not be enforced by sale of the property until the property has been kept on storage for at least thirty (30) days.      

     (d) If the owner of the property is present and claims it when it is so removed from the land or tenements, the officer shall not remove and store it, and his or her act of placing it upon the sidewalk, highway, street, or way shall be deemed to be the act of the owner, who alone shall be held to answer therefor.


 

 

 

96)

Section

Amend Chapter Numbers:

 

10-9.1-9

91 and 92

 

 

10-9.1-9. Appeal. -- A final judgment entered in a proceeding brought under this chapter shall be appealable to the supreme court in the same manner and subject to the same requirements as a final judgment in a civil action. An aggrieved party

may seek review of a final judgment entered in a proceeding brought under this chapter by filing a petition for writ of certiorari in accordance with the supreme court rules of appellate procedure within sixty (60) days of the entry of the final judgment.


 

 

97)

Section

Amend Chapter Numbers:

 

10-9.1-11

119 and 153

 

 

10-9.1-11. Innocence protection -- Mandatory preservation of biological evidence. -- (a) Mandatory preservation. - During the term of the defendant's incarceration resulting from his or her conviction after trial, the Rhode Island state police and each and every municipal police department in the state of Rhode Island, their agents, and any person to whom biological evidence has been transferred shall be obligated to preserve all biological evidence that comes into its possession during the course of a criminal investigation.

      (b) Petition to destroy evidence. - A police department or agent may be relieved of the obligation of mandatory preservation by applying to a justice of the superior court for permission to destroy biological evidence. Upon receipt of the petition, a justice of the superior court shall hold a hearing, and after giving notice to all defendants charged in connection with the prosecution, the justice shall grant the petition upon finding that:

      (1) The Rhode Island Supreme Court has decided the defendant's appeal; and

      (2) The defendant does not seek further preservation of the biological evidence.

      (c) Petition by defendant requesting testing. - Notwithstanding any other provision of law governing postconviction relief, any person who was convicted of and sentenced for a crime and who is currently serving an actual term of imprisonment and incarceration pursuant to that sentence may, at any time, file a petition with the superior court requesting the forensic DNA testing of any evidence that is in the possession or control of the prosecution, law enforcement, laboratory, or court. A person filing a petition under this section must certify under the pains and penalties of perjury that the requested testing is related to the investigation or prosecution that resulted in the judgment of conviction and that the evidence sought to be tested contains biological evidence.


 

 

98)

Section

Amend Chapter Numbers:

 

11-8-6

260 and 275

 

 

11-8-6. Entry to steal poultry -- Arrest -- Fine. -- Every person who breaks and enters, or enters in the nighttime without breaking, any building or enclosure in which are kept or confined any kind of poultry, with intent to steal any of the poultry, shall be punished by imprisonment for not more than five (5) years, or by a fine of not more than five hundred dollars ($500), or both. Every person who is discovered in the act of willfully entering any building or enclosure in which are kept or confined any kind of poultry, with intent to steal any of the poultry, may be arrested without a warrant by a deputy sheriff, town constable, guard, police officer, or other person and detained in jail or otherwise until a complaint can be made against him or her for the offense, and until he or she is taken on a warrant issued upon the complaint, but detention without a warrant shall not continue more than twenty-four (24) hours. One-half (1/2) of any fine imposed under this section shall inure to the complainant.


 

 

99)

Section

Amend Chapter Numbers:

 

11-12-9

260 and 275

 

 

11-12-9. Arrest of fighters. -- A deputy sheriff, town sergeant, town constable constable, or police officer shall immediately arrest in any county any person violating any of the provisions of §§ 11-12-6 -- 11-12-8, and shall detain the person until a warrant can be obtained for his or her arrest.


 

 

100)

Section

Amend Chapter Numbers:

 

11-17-11

260 and 275

 

 

11-17-11. Seizure and destruction of counterfeits and counterfeiting devices. -- Whenever the existence of any false, forged, or counterfeit bank bills or notes, or any plates, dies, or other tools, instruments, or implements used by counterfeiters or designed for the forging or making of any false or counterfeit notes, coin, or bills, shall come to the knowledge of any deputy sheriff, town constable or police officer in this state, the officers shall immediately seize and take possession of it and deliver it into the custody of the superior court for the county in which it shall be, and the court shall, as soon as the ends of justice will permit, cause it to be destroyed by an officer of the court, which officer shall make a return to the court of his or her doings in the premises.


 

 

101)

Section

Amend Chapter Numbers:

 

11-30-8

260 and 275

 

 

11-30-8. Entry by police officers of premises -- Commanding departure of persons found. -- The sheriffs of the several counties and their deputies, and the town sergeants, town constables, and chiefs of police of the several towns and cities may, within their respective towns and counties, enter any house or building which that they have cause to suspect to be inhabited for purposes of prostitution and lewdness, to be resorted to by persons of ill fame or by persons of dissolute, idle, or disorderly character, or in which they have reasonable cause to believe intoxicating liquors are sold in violation of law, or unlawful games are carried on or permitted, or in which they have reasonable cause to believe a common nuisance is kept or maintained. Upon entering the house or building building, they may command all persons assembled there to immediately depart from the house or building. In the event of the neglect or refusal of any person so commanded to leave, they may arrest that person and hold him or her for a period not exceeding twenty-four (24) hours for prosecution. Every person who shall so refuse or neglect shall be deemed guilty of a misdemeanor and shall be fined not exceeding twenty dollars ($20.00) or be imprisoned not exceeding thirty (30) days.


 

 

102)

Section

Amend Chapter Numbers:

 

11-37.1-10

219 and 240

 

 

11-37.1-10. Penalties. -- (a) Any person who is required to register or verify his or her address or give notice of a change of address or residence, residence who knowingly fails to do so, so shall be guilty of a felony and and, upon conviction conviction, be imprisoned not more than ten (10) years, or fined not more than ten thousand dollars ($10,000), or both.

      (b) Any person who is required to register or verify his or her address or give notice of a change of address or residence, residence who knowingly fails to do so, so shall be in violation of the terms of his or her release, regardless of whether or not the term was a special condition of his or her release on probation, parole parole or home confinement or other form of supervised release.

      (c) Except in the case of a level-three (3) sex offender, any Any person who is required to register or verify his or her address, who knowingly resides within three hundred feet (300') of any school, public or private, shall be guilty of a felony and and, upon conviction conviction, may be imprisoned not more than five (5) years, or fined not more than five thousand dollars ($5,000) (5,000), or both.     

       (d) Any level-three (3) sex offender who knowingly resides within one thousand feet (1,000') of any school, public or private, shall be guilty of a felony and, upon conviction, may be imprisoned for not more than five (5) years, or fined not more than five thousand dollars ($5,000), or both.


 

 

103)

Section

Amend Chapter Numbers:

 

11-42-4

44 and 46

 

 

11-42-4. Threats to public officials. -- (a) Whoever knowingly and willfully delivers or conveys, directly or indirectly, a verbal or written threat to take the life of, or to inflict bodily harm upon, a public official or a member of his or her immediate family because of the performance or nonperformance of some public duty,; because of hostility of the person making the threat toward the status or position of the public official,; or because of some other factor related to the official's public existence, shall be guilty of a felony and shall be imprisoned for not more than five (5) years, or fined not more than five thousand dollars ($5,000), or both.

      (b) For purposes of this section:

      (1) "Public official" means a person who is elected or appointed to office in accordance with the constitution, a statute, or a city or town charter, or who is a judge, magistrate, assistant attorney general, special assistant attorney general, or law enforcement officer, or in the case of an elective office any person who has filed the required documents for nomination or election to that office or who is appointed by the governor to serve as the director or his or her designee of a state department which that is established, and the qualifications and duties of which are prescribed by statute to discharge a public duty for the state of Rhode Island;

      (2) "Immediate family" means a public official's spouse, child, or children.


 

 

 

 

104)

Section

Amend Chapter Numbers:

 

11-43-10

260 and 275

 

 

11-43-10. Arrest and commitment of persons charged. -- Whenever any person shall be adjudged to be probably guilty of any offense under this chapter, he or she may be committed to the adult correctional institutions in any county, there to remain until discharged by order of law, and warrant of commitment shall issue accordingly, directed to the division of sheriffs or to either of the city or town sergeants or town constables in the same county with himself or herself, and to the warden of the adult correctional institutions, which warrant may be executed by the officer charged with it, although beyond his or her precinct, and shall constitute him or her, while charged with it, an officer, the obstructing of whom, while in the execution of this office, shall be punished as is or may be by law in other cases provided.


 

 

105)

Section

Amend Chapter Numbers:

 

11-44-3

260 and 275

 

 

11-44-3. Arrest and detention of persons taking fruits and vegetables. -- Every deputy sheriff, town or city sergeant, town constable, or police officer, who shall discover any person or persons in the act of taking and carrying away any growing fruit or vegetables as prohibited by § 11-44-2, shall arrest that person or persons and detain the person or persons in custody until a complaint can be made against him, her, or them for the offense for which he, she, or they shall have been arrested and until he, she, or they be taken on a warrant issued upon the complaint; provided, that the arrest and detention without a warrant shall not continue longer than the space of twenty-four (24) hours.


 

 

106)

Section

Amend Chapter Numbers:

 

11-47-17

260 and 275

 

 

11-47-17. Qualifications required of law enforcement officers appointed after June 17, 1959. -- Except as provided in § 11-47-15.3, all law enforcement officers of this state and its political subdivisions whose permanent appointment shall take place after June 17, 1959, will be required to qualify with the pistol or revolver with which they are armed prior to their permanent appointment, that qualification to be the same as that required in § 11-47-15. Town constables or police Constables constables, special officers, and all law enforcement officers officers, who by law are authorized to carry side-arms and whose appointments are made on a recurring basis basis, will be required to qualify not later than one year following the date of enactment of this section, section and their commissions or warrants will be plainly marked or stamped "QUALIFIED WITH PISTOL OR REVOLVER" and will be signed and dated by the certifying authority attesting to that fact. The failure of any law enforcement officer to qualify under the provisions of this section revokes his or her privilege of carrying a pistol or revolver, whether concealed or not, on or about his or her person. All law enforcement officers of this state and its political subdivisions will repeat this qualification at periods of not more than one year, except for correctional officers who must repeat this qualification every two (2) years.  


 

 

107)

Section

Amend Chapter Numbers:

 

11-47-43

260 and 275

 

 

11-47-43. Collectors and police officers exempt from section 11-47-42. -- The provisions of § 11-47-42, so far as they forbid the possession of certain instruments or weapons, shall not apply to any person who possesses or is making a collection of the weapons as curios or for educational, professional, scientific, or any other lawful purpose, without intent to use the instrument or weapon unlawfully. Nor shall the provisions of § 11-47-42, so far as they relate to the possession or carrying of any billy, apply to sheriffs, town constables, police constables, police, or other officers or guards whose duties require them to arrest or to keep and guard prisoners or property, nor to any person summoned by those officers to aid them in the discharge of their duties while actually engaged in their duties.


 

 

108)

Section

Repeal Chapter Numbers:

 

11-49.2

138 and 148

 

 

11-49-2. [Repealed.]


 

 

109)

Section

Add Chapter Numbers:

 

11-49.3

138 and 148

 

 

CHAPTER 49.3

IDENTITY THEFT PROTECTION ACT OF 2015  


 

 

110)

Section

Add Chapter Numbers:

 

11-49.3-1

138 and 148

 

 

11-49.3-1. Short title. -- This chapter shall be known and may be cited as the "Rhode Island Identity Theft Protection Act of 2015."  


 

 

111)

Section

Add Chapter Numbers:

 

11-49.3-2

138 and 148

 

 

11-49.3-2. Risk-based information security program. -- (a) A municipal agency, state agency or person that stores, collects, processes, maintains, acquires, uses, owns, or licenses personal information about a Rhode Island resident shall implement and maintain a risk-based information security program that contains reasonable security procedures and practices appropriate to the size and scope of the organization; the nature of the information; and the purpose for which the information was collected in order to protect the personal information from unauthorized access, use, modification, destruction, or disclosure and to preserve the confidentiality, integrity, and availability of such information. A municipal agency, state agency, or person shall not retain personal information for a period longer than is reasonably required to provide the services requested; to meet the purpose for which it was collected; or in accordance with a written retention policy or as may be required by law. A municipal agency, state agency, or person shall destroy all personal information, regardless of the medium that such information is in, in a secure manner, including, but not limited to, shredding, pulverization, incineration, or erasure.     

     (b) A municipal agency, state agency, or person that discloses personal information about a Rhode Island resident to a nonaffiliated third party shall require by written contract that the third party implement and maintain reasonable security procedures and practices appropriate to the size and scope of the organization, the nature of the information, and the purpose for which the information was collected in order to protect the personal information from unauthorized access, use, modification, destruction, or disclosure. The provisions of this section shall apply to contracts entered into after the effective date of this act.    


 

 

112)

Section

Add Chapter Numbers:

 

11-49.3-3

138 and 148

 

 

11-49.3-3. Definitions. -- (a) The following definitions apply to this section:    

      (1) "Breach of the security of the system" means unauthorized access or acquisition of unencrypted, computerized data information that compromises the security, confidentiality, or integrity of personal information maintained by the municipal agency, state agency, or person. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system; provided, that the personal information is not used or subject to further unauthorized disclosure.   

     (2) "Encrypted" means the transformation of data through the use of a one hundred twenty-eight (128) bit or higher algorithmic process into a form in which there is a low probability of assigning meaning without use of a confidential process or key. Data shall not be considered to be encrypted if it is acquired in combination with any key, security code, or password that would permit access to the encrypted data.    

     (3) "Health Insurance Information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual.    

     (4) "Medical Information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional or provider.    

     (5) "Municipal agency" means any department, division, agency, commission, board, office, bureau, authority, quasi-public authority, or school, fire, or water district within Rhode Island, other than a state agency, and any other agency that is in any branch of municipal government and exercises governmental functions other than in an advisory nature.

     (6) "Owner" means the original collector of the information.     

     (7) "Person" shall include any individual, sole proprietorship, partnership, association, corporation, joint venture, business, legal entity, trust, estate, cooperative, or other commercial entity.     

      (8) "Personal information" means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when the name and the data elements are not encrypted or are in hard copy paper format:     

      (i) Social security number;    

     (ii) Driver's license number, Rhode Island identification card number, or tribal identification number;     

     (iii) Account number, credit, or debit card number, in combination with any required security code, access code, password, or personal identification number that would permit access to an individual's financial account;      

     (iv) Medical or health insurance information; or  

     (v) E-mail address with any required security code, access code, or password that would permit access to an individual's personal, medical, insurance, or financial account.    

      (9) "Remediation service provider" means any person that, in its usual course of business, provides services pertaining to a consumer credit report including, but not limited to, credit report monitoring and alerts, that are intended to mitigate the potential for identity theft.      (

     10) "State agency" means any department, division, agency, commission, board, office, bureau, authority, or quasi-public authority within Rhode Island, either branch of the Rhode Island general assembly, or an agency or committee thereof, the judiciary, or any other agency that is in any branch of Rhode Island state government and that exercises governmental functions other than in an advisory nature.     

     (b) For purposes of this section, personal information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.     

     (c) For purposes of this section, "notice" may be provided by one of the following methods:      

      (i) Written notice;      

     (ii) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. § 7001;      

     (iii) Substitute notice, if the municipal agency, state agency, or person demonstrates that the cost of providing notice would exceed twenty-five thousand dollars ($25,000), or that the affected class of subject persons to be notified exceeds fifty thousand (50,000), or the municipal agency, state agency, or person does not have sufficient contact information. Substitute notice shall consist of all of the following:      

     (A) E-mail notice when the municipal agency, state agency, or person has an e-mail address for the subject persons;     

     (B) Conspicuous posting of the notice on the municipal agency's, state agency's or person's website page, if the municipal agency, state agency, or person maintains one; and     

     (C) Notification to major statewide media.   


 

 

113)

Section

Add Chapter Numbers:

 

11-49.3-4

138 and 148

 

 

11-49.3-4. Notification of breach. -- (a)(1) Any municipal agency, state agency, or person that stores, owns, collects, processes, maintains, acquires, uses, or licenses data that includes personal information, shall provide notification as set forth in this section of any disclosure of personal information, or any breach of the security of the system, that poses a significant risk of identity theft to any resident of Rhode Island whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person or entity.      

     (2) The notification shall be made in the most expedient time possible, but no later than forty-five (45) calendar days after confirmation of the breach and the ability to ascertain the information required to fulfill the notice requirements contained in subsection (d) of this section, and shall be consistent with the legitimate needs of law enforcement as provided in subsection (c) of this section. In the event that more than five hundred (500) Rhode Island residents are to be notified, the municipal agency, state agency, or person shall notify the attorney general and the major credit reporting agencies as to the timing, content, and distribution of the notices and the approximate number of affected individuals. Notification to the attorney general and the major credit reporting agencies shall be made without delaying notice to affected Rhode Island residents.     

          (b) The notification required by this section may be delayed if a federal, state, or local law enforcement agency determines that the notification will impede a criminal investigation. The federal, state, or local law enforcement agency must notify the municipal agency, state agency, or person of the request to delay notification without unreasonable delay. If notice is delayed due to such determination, then, as soon as the federal, state, or municipal law enforcement agency determines and informs the municipal agency, state agency, or person that notification no longer poses a risk of impeding an investigation, notice shall be provided, as soon as practicable pursuant to subsection (a)(2). The municipal agency, state agency, or person shall cooperate with federal, state, or municipal law enforcement in its investigation of any breach of security or unauthorized acquisition or use, which shall include the sharing of information relevant to the incident; provided however, that such disclosure shall not require the disclosure of confidential business information or trade secrets.      

          (c) Any municipal agency, state agency, or person required to make notification under this section and fails to do so is liable for a violation as set forth in § 11-49.3-5.      

          (d) The notification to individuals must include the following information to the extent known:      

     (1) A general and brief description of the incident, including how the security breach occurred and the number of affected individuals;      

     (2) The type of information that was subject to the breach;      

     (3) Date of breach, estimated date of breach, or the date range within which the breach occurred;     

     (4) Date that the breach was discovered;     

     (5) A clear and concise description of any remediation services offered to affected individuals including toll free numbers and websites to contact:

          (i) The credit reporting agencies;

         (ii) Remediation service providers;

         (iii) The attorney general; and      

     (6) A clear and concise description of: the consumer's ability to file or obtain a police report; how a consumer requests a security freeze and the necessary information to be provided when requesting the security freeze; and that fees may be required to be paid to the consumer reporting agencies.   


 

 

 

 

 

 

 

114)

Section

Add Chapter Numbers:

 

11-49.3-5

138 and 148

 

 

11-49.3-5. Penalties for violation. -- (a) Each reckless violation of this chapter is a civil violation for which a penalty of not more than one hundred dollars ($100) per record may be adjudged against a defendant.    

      (b) Each knowing and willful violation of this chapter is a civil violation for which a penalty of not more than two hundred dollars ($200) per record may be adjudged against a defendant.      

      (c) Whenever the attorney general has reason to believe that a violation of this chapter has occurred and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state against the business or person in violation.  


 

 

115)

Section

Add Chapter Numbers:

 

11-49.3-6

138 and 148

 

 

11-49.3-6. Agencies or persons with security breach procedures. -- (a) Any municipal agency, state agency, or person shall be deemed to be in compliance with the security breach notification requirements of § 11-49.3-4, if:     

     (1) The municipal agency, state agency, or person maintains its own security breach procedures as part of an information security policy for the treatment of personal information and otherwise complies with the timing requirements of § 11-49.3-4, and notifies subject persons in accordance with such municipal agency's, state agency's, or person's notification policies in the event of a breach of security; or      

     (2) The person maintains a security breach procedure pursuant to the rules, regulations, procedures, or guidelines established by the primary or functional regulator, as defined in 15 U.S.C. § 6809(2), and notifies subject persons in accordance with the policies or the rules, regulations, procedures, or guidelines established by the primary or functional regulator in the event of a breach of security of the system.      

     (b) A financial institution, trust company, credit union, or its affiliates that is subject to and examined for, and found in compliance with, the Federal Interagency Guidelines on Response Programs for Unauthorized Access to Customer Information and Customer Notice shall be deemed in compliance with this chapter.      

      (c) A provider of health care, health care service plan, health insurer, or a covered entity governed by the medical privacy and security rules issued by the Federal Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) shall be deemed in compliance with this chapter.


 

 

116)

Section

Amend Chapter Numbers:

 

11-67-6

42 and 45

 

 

11-67-6. Sex trafficking of a minor. -- (a) Definitions. - As used in this section:

      (1) "Commercial sex act" means any sex act or sexually explicit performance on account of which anything of value is given, promised to, or received, directly or indirectly, by any person.

      (2) "Minor" refers to any natural person under eighteen (18) years of age.

      (3) "Person" includes an individual, corporation, partnership, association, a government body, a municipal corporation, or any other legal entity.

      (4) "Sex act" means sexual intercourse, cunnilingus, fellatio, anal intercourse, and digital intrusion or intrusion by any object into the genital opening or anal opening of another person's body or the stimulation by hand of another's genitals for the purposes of arousing or gratifying the sexual desire of either person.

      (5) "Sexually-explicit performance" means an act or show, intended to arouse, satisfy the sexual desires of, or appeal to the prurient interests of patrons or viewers, whether public or private, live, photographed, recorded, or videotaped.

      (b) Any person who:

      (1) Recruits, employs, entices, solicits, isolates, harbors, transports, provides, persuades, obtains, or maintains, or so attempts, any minor for the purposes of commercial sex acts; or

      (2) Sells or purchases a minor for the purposes of commercial sex acts; or

      (3) Benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in subdivision (1) or (2); or

      (c) Every person who shall commit sex trafficking of a minor, shall be guilty of a felony and subject to not more than forty (40) fifty (50) years imprisonment or a fine of up to forty thousand dollars ($40,000), or both.

      (d) Obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section shall be guilty of a felony and subject to not more than twenty (20) thirty-five (35) years imprisonment, or a fine of up to twenty thousand dollars ($20,000) forty thousand dollars ($40,000), or both.

      (e) In a prosecution under this section, the government need not prove that the defendant knew the victim's age.


 

 

117)

Section

Amend Chapter Numbers:

 

12-1-12.1

97 and 109

 

 

12-1-12.1. Motion for sealing of records of persons acquitted or otherwise exonerated. -- (a) Any person who is acquitted or otherwise exonerated of all counts in a criminal case, including, but not limited to, dismissal or filing of a no true bill or no information, may file a motion for the sealing of his or her court records in the case, provided, that no person who has been convicted of a felony shall be entitled to relief under this section except for those records in cases of acquittal after trial.

      (b) Any person filing a motion for sealing his or her court records pursuant to this section shall give notice of the hearing date set by the court to the department of the attorney general and the police department which that originally brought the charge against the person at least ten (10) days prior to the hearing.

      (c) If the court, after the hearing at which all relevant testimony and information shall be considered, finds that the person is entitled to the sealing of the records, it shall order the sealing of the court records of the person in that case.

      (d) The clerk of the court shall, within forty-five (45) days of the order of the court granting the motion, place under seal the court records in the case in which the acquittal, dismissal, no true bill, no information or other exoneration has been entered.

      (e) Notwithstanding any other provision of this section, in all cases involving a filing subsequent to a plea of not guilty, guilty or nolo contendere to a charge of a crime involving domestic violence, the court having jurisdiction over the case shall retain the records of the case for a period of three (3) years from the date of filing. The records shall not be expunged, or sealed, or otherwise destroyed for a period of three (3) years from the date of the filing.     

     (f) The defendant shall be advised at the hearing that any and all bail money relating to a case that remains on deposit and is not claimed at the time of sealing shall be escheated to the state's general treasury in accordance with chapter 12 of title 8.


 

 

118)

Section

Amend Chapter Numbers:

 

12-1-14

260 and 275

 

 

12-1-14. Body attachment -- Nonsupport of children. -- (a) Any body attachment issued by the family court in a case involving the bureau of family support relating to the nonsupport of children shall be entered into the state and police telecommunications system known as the Rhode Island Law Enforcement Telecommunications System, "RILETS". The family court shall be responsible for transmitting all body attachments and cancellations of them to the attorney general's bureau of criminal identification for distributing the body attachment information into RILETS. Within the body attachment, the information entered in RILETS shall include date of birth and social security number when available. The family court shall be responsible for transmitting information regarding all body attachments and cancellations to the attorney general's bureau of criminal identification for entering the body attachment information into RILETS. The family court shall transmit the original body attachment to the attorney general's bureau of criminal identification.

      (b) Any peace officer as defined in § 12-7-21 or certified constable authorized pursuant to § 9-5-10.1 shall have the authority to execute a body attachment as issued by the family court pursuant to § 8-10-3.1.


 

 

119)

Section

Amend Chapter Numbers:

 

12-1.3-2

97 and 109

 

 

12-1.3-2. Motion for expungement. -- (a) Any person who is a first offender may file a motion for the expungement of all records and records of conviction for a felony or misdemeanor by filing a motion in the court in which the conviction took place, provided that no person who has been convicted of a crime of violence shall have his or her records and records of conviction expunged.; provided, that all outstanding court-imposed or court-related fees, fines, costs, assessments, charges and/or any other monetary obligations have been paid, unless such amounts are reduced or waived by order of the court.

      (b) Subject to subsection (a) of this section, a person may file a motion for the expungement of records relating to a misdemeanor conviction after five (5) years from the date of the completion of his or her sentence.

      (c) Subject to subsection (a) of this section, a person may file a motion for the expungement of records relating to a felony conviction after ten (10) years from the date of the completion of his or her sentence.     


 

 

 

 

 

120)

Section

Amend Chapter Numbers:

 

12-1.3-3

97 and 109

 

 

12-1.3-3. Motion for expungement -- Notice -- Hearing -- Criteria for granting. -- (a) Any person filing a motion for expungement of the records of his or her conviction pursuant to § 12-1.3-2 shall give notice of the hearing date set by the court to the department of the attorney general and the police department which that originally brought the charge against the person at least ten (10) days prior to that date.

      (b) The court, after the hearing at which all relevant testimony and information shall be considered, may in its discretion order the expungement of the records of conviction of the person filing the motion if it finds:

      (1) That in the five (5) years preceding the filing of the motion, if the conviction was for a misdemeanor, or in the ten (10) years preceding the filing of the motion if the conviction was for a felony, the petitioner has not been convicted nor arrested for any felony or misdemeanor, there are no criminal proceedings pending against the person, that the person does not owe any outstanding court-imposed or court-related fees, fines, costs, assessments, or charges, unless such amounts are reduced or waived by order of the court, and he or she has exhibited good moral character;

      (2) That the petitioner's rehabilitation has been attained to the court's satisfaction and the expungement of the records of his or her conviction is consistent with the public interest.

      (c) If the court grants the motion, it shall, after payment by the petitioner of a one hundred dollar ($100) fee to be paid to the court order all records and records of conviction relating to the conviction expunged and all index and other references to it deleted removed from public inspection. A copy of the order of the court shall be sent to any law enforcement agency and other agency known by either the petitioner, the department of the attorney general, or the court to have possession of the records. Compliance with the order shall be according to the terms specified by the court.     (d) The defendant shall be advised at the hearing that any and all bail money relating to a case that remains on deposit and is not claimed at the time of expungement shall be escheated to the state's general treasury in accordance with chapter 12 of title 8.


 

 

121)

Section

Amend Chapter Numbers:

 

12-4-2

260 and 275

 

 

12-4-2. Warrant to apprehend accused. -- If the complainant shall then, before the judge or justice of the peace, enter into a recognizance in a sum not exceeding fifty dollars ($50.00), and with this surety, as the judge or justice of the peace shall direct and approve, with condition to prosecute the complaint with effect, or in default of prosecution to pay the costs that may accrue to the state, the judge or justice of the peace shall issue a warrant returnable immediately, annexing to the warrant the complaint, or reciting its substance in it, directed to the sheriff, deputy sheriffs, town sergeants, and town constables in the county in which the division is, and to the like officers in the county in which the accused may be supposed to belong, reside, or be found, and requiring the officer who shall be charged with the service of the warrant immediately to apprehend the accused and have him or her before the district court for the division in which the offense shall be alleged to have been committed.


 

 

122)

Section

Amend Chapter Numbers:

 

12-6-7

260 and 275

 

 

12-6-7. Warrants issued to other divisions. -- Whenever any judge of the district court, or any justice of the peace, shall issue his or her warrant against any person charged with an offense committed in a division of the district court, and the person so charged shall escape into, reside, or be in any other county than the one in which the division is, the judge or justice of the peace may direct his or her warrant to each and all deputy sheriffs, city or town sergeants, and town constables within the state, requiring them to apprehend the person and bring him or her before the division of the district court having jurisdiction of the offense, to be dealt with according to law; the officers shall obey and execute the warrant, and be protected from obstruction and assault in executing the warrant as in service of other process.


 

 

123)

Section

Amend Chapter Numbers:

 

12-7-17

260 and 275

 

 

12-7-17. Arrest of escapees and parole violators without warrant. -- The director of the department of corrections, the warden of the adult correctional institutions, any superintendent or employees connected with any institution under the management and control of the department of corrections, or any police officer or town constable, may arrest, without a warrant warrant, any person who has escaped from any institution, or who, being absent from the institution on parole, has violated the conditions of the parole, for the purpose of returning the person to the institution from which the escape was made or from which the parole was granted.


 

 

124)

Section

Amend Chapter Numbers:

 

12-10-12

97 and 109

 

 

12-10-12. Filing of complaints. -- (a) Subject to any other provisions of law relative to the filing of complaints for particular crimes, any judge of the district court or superior court may place on file any complaint in a criminal case other than a complaint for the commission of a felony or a complaint against a person who has been convicted of a felony or a private complaint. The court may in its discretion require, as a condition of the filing, the performance of services for the public good or may attach any other conditions to it that the court shall determine; provided, in cases where the court ordered restitution totals less than two hundred dollars ($200) to an injured party pursuant to this section or § 12-19-34, the court shall require that full restitution be made at the time of sentencing if the court determines that the defendant has the present ability to make the restitution.

      (b) It shall be an express Express condition conditions of any filing in accordance with this section that the defendant shall be at all times during the one year keep the peace and be of good behavior and shall have paid all outstanding court-imposed or court-related fees, fines, costs, assessments, charges, and/or any other monetary obligations unless reduced or waived by order of the court. A violation of that these express condition conditions or any other condition set by the court, shall be deemed a violation of the filing and the matter which that was filed may be resurrected by the court. A determination of whether a violation has occurred shall be made by the court in accordance with the procedures relating to a violation of probation, §§ 12-19-9 and 12-19-14.

      (c) In the event the complaint was originally filed under this section subsequent to the defendant's plea of guilty or nolo contendere to the charges, the court, if it finds there to have been a violation, may sentence the defendant. In the event the court filed the complaint under this section while the defendant maintained a plea of not guilty, if the court finds there to have been a violation, it may proceed to the further disposition of the complaint according to law. If no action is taken on the complaint for a period of one year following the filing, the complaint shall be automatically quashed and destroyed expunged. All records relating to the complaint shall be expunged pursuant to the provisions of chapter 1.3 of this title. Further, if any record of the complaint has been entered into a docket or alphabetical index, whether kept in writing or in an electronic information storage system or other data compilation system, all references to the identity of the person charged by the complaint shall be removed from the docket or index. No criminal record shall result; provided, that in any civil action for a tort, a plea of guilty or a finding of guilty should be admissible notwithstanding the fact that the complaint has been filed.

      (d) Notwithstanding the foregoing provisions of this section, in the event a complaint for a crime involving domestic violence was originally filed under this section subsequent to the defendant's plea of guilty or nolo contendere to the charges, the court, if it finds there to have been a violation, may sentence the defendant. In the event the court filed the complaint for a crime involving domestic violence under this section while the defendant maintained a plea of not guilty, if the court finds there to have been a violation, it may proceed to the further disposition of the complaint for a crime involving domestic violence according to law. If, for a period of one year after the date of filing the defendant is not charged with a violation pursuant to subsection (b) of this section, the filed complaint for the crime involving domestic violence shall be automatically quashed and shall not be resurrected. If, for a period of three (3) years after the date of filing, the defendant is not charged with a crime involving domestic violence, or if so charged, is acquitted or the complaint is dismissed, all records relating to the filed complaint for a crime involving domestic violence shall be expunged without the requirement of filing a motion pursuant to chapter 1.3 of title 12 pursuant to the provisions of chapter 1.3 of this title. Further, if any record of the complaint for a crime involving domestic violence has been entered into a docket or alphabetical index, whether kept in writing or in an electronic information storage system or other data compilation system, all references to the identity of the person charged by the complaint for a crime involving domestic violence shall be removed from the docket index at the same time the complaint is quashed or destroyed. No criminal records shall result, unless in any civil action for a tort, in which a plea of guilty or a finding of guilty is admissible notwithstanding the fact that the complaint has been filed. Provided, however, that in sentencing a defendant for a crime involving domestic violence of which the defendant was charged within three (3) years after the filing of a prior crime involving domestic violence to which the defendant pleaded guilty or nolo contendere, the court may take the plea into consideration.     (e) The defendant shall be advised that any and all bail money relating to a case that remains on deposit and is not claimed at the time of expungement shall be escheated to the state's general treasury in accordance with chapter 12 of title 8.


 

 

 

125)

Section

Amend Chapter Numbers:

 

12-13-2

260 and 275

 

 

12-13-2. Warrant for apprehension of accused person. -- Any court before which an indictment or information shall be found or be pending, and any court before which a complaint shall be made or be pending, against any person for an offense of which the court has cognizance, may issue a warrant directed to each and all deputy sheriffs, town sergeants, and town constables within the state requiring them to apprehend the person and bring him or her before the court, if the court is in session, or if not, to commit him or her to jail in the county in which the indictment, information, or complaint is pending, there to be kept until he or she shall be brought before the court, or until he or she shall give recognizance before some person authorized to take recognizance for the offense, with sufficient surety or sureties in the sum named in the warrant, if any sum is named in the warrant, and, if not, in the sum as the person taking the recognizance shall deem reasonable if the offense is bailable, to appear before the court in which the indictment, information, or complaint is pending, at the time required by the person so taking the recognizance, and to answer the indictment, information, or complaint; provided, that the prisoner may give the recognizance while in the custody of the officer before he or she is committed to jail before some person authorized to take recognizance for the offense, and upon taking recognizance the officer shall discharge the prisoner from his or her custody. The officers to whom the warrant shall be directed are required to obey and execute it, and in its execution shall be protected from obstruction and assault, as in the service of other process.


 

 

126)

Section

Amend Chapter Numbers:

 

12-19-31

260 and 275

 

 

12-19-31. Commitment for nonpayment of fines and costs. -- Whenever any person shall be committed for nonpayment of fines and costs, the sheriffs of the several counties and their deputies, and the town sergeants and town constables of any town in the several counties, upon due warrant from the court before whom the person has been convicted, may lawfully remove and commit the persons to the adult correctional institutions, institutions and they shall be allowed any fees that are now provided by law in similar cases; provided, that in the counties of Newport and Washington Washington, any person before removal from the county of Newport, Newport or the county of Washington, in which sentence is entered, may pay the fine and costs into the court or into the office of the clerk of the court in which sentence is imposed, imposed and upon payment shall be discharged.


 

 

127)

Section

Amend Chapter Numbers:

 

12-21-23

260 and 275

 

 

12-21-23. Seizure and retention of forfeited property. -- Whenever any personal property shall be forfeited for any violation of law, any deputy sheriff, town sergeant, or town constable, or any person by law authorized to seize the property, may take and retain the property until he or she shall deliver it to a proper officer having a warrant to take and detain the property.


 

 

 

 

128)

Section

Amend Chapter Numbers:

 

13-8-9

284 and 285

 

 

13-8-9. Issuance of parole. – (a) The parole board, in the case of any prisoner whose sentence is subject to its control, unless that prisoner is sentenced to imprisonment for life, and unless that prisoner is confined as a habitual criminal under the provisions of § 12-19-21, may, by an affirmative vote of a majority of the members of the board, issue to that prisoner a permit to be at liberty upon parole, whenever that prisoner has served not less than one-third ( 1/3) of the term for which he or she was sentenced. The permit shall entitle the prisoner to whom it is issued to be at liberty during the remainder of his or her term of sentence upon any terms and conditions that the board may prescribe.

      (b) Notwithstanding the provisions of subsection (a) of this section, in the case of a conviction for a first or second degree murder committed after July 1, 2015, when the prisoner has not been sentenced to life, the prisoner shall not be eligible for a parole permit until he or she has served at least fifty-percent (50%) of his or her sentence.      


 

 

129)

Section

Amend Chapter Numbers:

 

13-8-13

284 and 285

 

 

13-8-13. Life prisoners and prisoners with lengthy sentences. -- (a) In the case of a prisoner sentenced to imprisonment for life, a parole permit may be issued at any time after the prisoner has served not less than ten (10) years imprisonment provided, imprisonment; provided that:

      (1) In the case of a prisoner serving a sentence or sentences of a length making him or her ineligible for a permit in less than ten (10) years, pursuant to §§ 13-8-9 and 13-8-10, the permit may be issued at any time after the prisoner has served not less than ten (10) years imprisonment.

      (2) In the case of a prisoner sentenced to imprisonment for life for a first or second first- or second-degree murder committed after July 10, 1989, the permit may be issued only after the prisoner has served not less than fifteen (15) years imprisonment.

      (3) (i) In the case of a prisoner sentenced to imprisonment for life for a first or second first- or second-degree murder committed after June 30, 1995, the permit may be issued only after the prisoner has served not less than twenty (20) years imprisonment; and     

     (4) In the case of a prisoner sentenced to imprisonment for life for a first- or second- degree murder committed after July 1, 2015, the permit may be issued only after the prisoner has served not less than twenty-five (25) years imprisonment.     

     (5) In the case of a prisoner sentenced to imprisonment for life for a crime, other than first or second degree murder, committed after July 1, 2015, the permit may be issued only after the prisoner has served not less than twenty (20) years imprisonment.     

          (ii) (b)The permit shall be issued only by a unanimous vote of all the attending members of the board, providing that not less than four (4) members are present, and whenever, after the issue of the permit, the prisoner shall be pardoned, then the control of the board over the prisoner shall cease and terminate.

      (4) (i)(c)(1) In the case of a prisoner sentenced to imprisonment for life who is convicted of escape or attempted escape from the lawful custody of the warden of the adult correctional institutions, the permit may be issued only after the prisoner has served not less than twenty-five (25) years imprisonment; provided, however, that as to a prisoner who has been sentenced to imprisonment for life for a conviction of first- or second-degree murder, committed after July 1, 2015, and who is convicted thereafter of escape or attempted escape from the lawful custody of the warden of the adult correctional institutions, the permit may be issued only after the prisoner has served not less than thirty-five (35) years imprisonment; and     

      (ii)(2) For each subsequent conviction of escape or attempted escape, an additional five (5) years shall be added to the time required to be served.     

          (b)(d) In the case of a prisoner sentenced consecutively to more than one life term for crimes occurring after May 7, 1981, the permit may be issued only after the prisoner has served not less than ten (10) years consecutively on each life sentence; provided, in the case of a prisoner sentenced consecutively to more than one life term for crimes occurring after June 30, 1995, the permit may be issued only after the prisoner has served not less than fifteen (15) years consecutively on each life sentence. In the case of a prisoner sentenced consecutively to more than one life term for crimes occurring after July 1, 2015, the permit may be issued only after the prisoner has served not less than twenty (20) years consecutively on each life sentence. In the case of a prisoner sentenced consecutively to more than one life term for crimes, including first- or second-degree murder, occurring after July 1, 2015, the permit may be issued only after the prisoner has served not less than twenty-five (25) years consecutively on each life sentence.


 

 

130)

Section

Amend Chapter Numbers:

 

14-1-6

118 and 130

 

 

14-1-6. Retention of jurisdiction. -- (a) When the court shall have obtained jurisdiction over any child prior to the child having attained the age of eighteen (18) years by the filing of a petition alleging that the child is wayward or delinquent pursuant to § 14-1-5, the child shall, except as specifically provided in this chapter, continue under the jurisdiction of the court until he or she becomes nineteen (19) years of age, unless discharged prior to turning nineteen (19). When the court shall have obtained jurisdiction over any child prior to the child's eighteenth (18th) birthday by the filing of a miscellaneous petition or a petition alleging that the child is dependent, neglected and abused pursuant to §§ 14-1-5 and 40-11-7 or 42-72-14, including any child under the jurisdiction of the family court on petitions filed and/or pending before the court prior to July 1, 2007, the child shall, except as specifically provided in this chapter, continue under the jurisdiction of the court until he or she becomes eighteen (18) years of age; provided, that at least six (6) months prior to a child turning eighteen (18) years of age, the court shall require the department of children, youth, and families to provide a description of the transition services including the child's housing, health insurance, education and/or employment plan, available mentors and continuing support services, including workforce supports and employment services afforded the child in placement or a detailed explanation as to the reason those services were not offered; provided. The details of a child's transition plan shall be developed in consultation with the child, wherever possible, and approved by the court prior to the dismissal of an abuse, neglect, dependency, or miscellaneous petition before the child's twenty-first birthday.     

     (b) The court may retain jurisdiction of any child who is seriously emotionally disturbed or developmentally delayed pursuant to § 42-72-5(24)(v) until that child turns age twenty-one (21) when the court shall have obtained jurisdiction over any child prior to the child's eighteenth birthday by the filing of a miscellaneous petition or a petition alleging that the child is dependent, neglected and or abused pursuant to §§ 14-1-5, and 40-11-7, or 42-72-14.     

     (c) The department of children, youth and families shall work collaboratively with the department of behavioral healthcare, developmental disabilities and hospitals, and other agencies, in accordance with § 14-1-59, to provide the family court with a transition plan for those individuals who come under the court's jurisdiction pursuant to a petition alleging that the child is dependent, neglected, and/or abused and who are seriously emotionally disturbed or developmentally delayed pursuant to § 42-72-5(24)(v). This plan shall be a joint plan presented to the court by the department of children, youth and families and the department of behavioral healthcare, developmental disabilities and hospitals. The plan shall include the behavioral healthcare, developmental disabilities and hospitals' community or residential service level, health insurance option, education plan, available mentors, continuing support services, workforce supports and employment services, and the plan shall be provided to the court at least twelve (12) months prior to discharge. At least three (3) months prior to discharge, the plan shall identify the specific placement for the child, if a residential placement is needed. The court shall monitor the transition plan. In the instance where the department of behavioral healthcare, developmental disabilities and hospitals has not made timely referrals to appropriate placements and services, the department of children, youth and families may initiate referrals.      

     (d) The parent and/or guardian and/or guardian ad litem of a child who is seriously emotionally disturbed or developmentally delayed pursuant to § 42-72-5(24)(v), and who is before the court pursuant to §§ 14-1-5(1)(iii) through 14-1-5(1)(v), 40-11-7 or 42-72-14, shall be entitled to a transition hearing, as needed, when the child reaches the age of twenty (20) if no appropriate transition plan has been submitted to the court by the department of children, person and families and the department of behavioral healthcare, developmental disabilities and hospitals. The family court shall require that the department of behavioral healthcare, developmental disabilities, and hospitals shall immediately identify a liaison to work with the department of children, youth, and families until the child reaches the age of twenty-one (21) and an immediate transition plan be submitted if the following facts are found:      

     (1) No suitable transition plan has been presented to the court addressing the levels of service appropriate to meet the needs of the child as identified by the department of behavioral healthcare, developmental disabilities and hospitals; or      

     (2) No suitable housing options, health insurance, educational plan, available mentors, continuing support services, workforce supports and employment services have been identified for the child.      

     (e) Provided, further, that any youth who comes within the jurisdiction of the court by the filing of a wayward or delinquent petition based upon an offense which that was committed prior to July 1, 2007, including youth who are adjudicated and committed to the Rhode Island Training School training school and who are placed in a temporary community placement as authorized by the family court, may continue under the jurisdiction of the court until he or she turns twenty one (21) years of age.

      (b)(f) In any case where the court shall not have acquired jurisdiction over any person prior to the person's eighteenth (18th) birthday by the filing of a petition alleging that the person had committed an offense, but a petition alleging that the person had committed an offense which that would be punishable as a felony if committed by an adult has been filed before that person attains the age of nineteen (19) years of age, that person shall, except as specifically provided in this chapter, be subject to the jurisdiction of the court until he or she becomes nineteen (19) years of age, unless discharged prior to turning nineteen (19).

      (c)(g) In any case where the court shall not have acquired jurisdiction over any person prior to the person attaining the age of nineteen (19) years by the filing of a petition alleging that the person had committed an offense prior to the person attaining the age of eighteen (18) years which would be punishable as a felony if committed by an adult, that person shall be referred to the court which would have that had jurisdiction over the offense if it had been committed by an adult. The court shall have jurisdiction to try that person for the offense committed prior to the person attaining the age of eighteen (18) years and, upon conviction, may impose a sentence not exceeding the maximum penalty provided for the conviction of that offense.

      (d)(h) In any case where the court has certified and adjudicated a child in accordance with the provisions of §§ 14-1-7.2 and 14-1-7.3, the jurisdiction of the court shall encompass the power and authority to sentence the child to a period in excess of the age of nineteen (19) years. However, in no case shall the sentence be in excess of the maximum penalty provided by statute for the conviction of the offense.

      (e)(i) Nothing in this section shall be construed to affect the jurisdiction of other courts over offenses committed by any person after he or she reaches the age of eighteen (18) years.


 

 

131)

Section

Amend Chapter Numbers:

 

15-15-4.1

260 and 275

 

 

15-15-4.1. Return of service/alternate service. -- (a) The complaint and any order issued under this chapter shall be personally served upon the defendant by a member of the division of sheriffs except as provided in subsections (c), (d) (d), and (f) of this section. Service shall be made without payment of any fee when service is made by a deputy sheriff. At the election of the plaintiff, service, pursuant to the subsection, may also be made by a certified constable authorized to serve process of the family court pursuant to § 45-16-4.3 § 9-5-10.1. The constable shall be entitled to receive the fee allowed by law for the service of a family court summons. Where the defendant is a minor, the complaint and any order issued under this chapter shall also be personally served upon a parent or guardian of the minor.

      (b) Return of service shall be forwarded by the deputy sheriff or certified constable to the clerk of court prior to the date set down for a hearing on the complaint. If service has not been made, the deputy sheriff or constable shall indicate on the summons the reason and the attempts made to serve the defendant.

      (c) At the time the return of service is sent to the clerk of the court, the deputy sheriff or certified constable shall cause a copy of the return of service to be sent to the plaintiff and to the appropriate law enforcement agency.

      (d) If, at the time of the hearing on the complaint, the court determines that after diligent effort the deputy sheriff or certified constable has been unable to serve the defendant personally, the judge may order an alternate method of service designed to give reasonable notice of the action to the defendant and taking into consideration the plaintiff's ability to afford the means of service ordered. Alternative service shall include, but not be limited to: service by certified and regular mail at defendant's last known address (excluding the residence which he or she has been ordered to vacate) or place of employment, leaving copies at the defendant's dwelling or usual place of abode with a person of suitable age and discretion residing at the defendant's dwelling or usual place of abode, or by publication in a newspaper for two (2) consecutive weeks. The court shall set a new date for the hearing on the complaint and shall extend the temporary order until that date.

      (e) If the defendant appears in person before the court, the necessity for further service is waived and proof of service of that order is not necessary.

      (f) If the defendant is served notice regarding the complaint and hearing, but does not appear at the hearing, the clerk of the family court will mail the defendant a copy of the resulting order.


 

 

132)

Section

Amend Chapter Numbers:

 

15-23.1-201

120 and 132

 

 

15-23.1-201. Bases for jurisdiction over nonresident. [Contingent effective date; see note.] -- (a) In proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

      (1) The individual is personally served within this state pursuant to the Rules of Domestic Relations;

      (2) The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

      (3) The individual resided with the child in this state;

      (4) The individual resided in this state and provided prenatal expenses or support for the child;

      (5) The child resides in this state as a result of the acts or directives of the individual;

      (6) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;

      (7) The individual acknowledged asserted parentage of a child by completing an affidavit of paternity in this state signed by both parents; or

      (8) There is any other basis consistent with the constitutions of this state, and the United States for the exercise of personal jurisdiction.

      (b) The bases of personal jurisdiction set forth in subsection (a) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of § 15-23.1-611 or, in the case of a foreign support order, unless the requirements of § 15-23.1-615 are met.   


 

 

 

 

 

 

 

 

 

133)

Section

Amend Chapter Numbers:

 

15-23.1-604

120 and 132

 

 

15-23.1-604. Choice of law. [Contingent effective date; see note.] -- (a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs: (1) the nature, extent, amount, and duration of current payments under a registered support order; (2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and (3) the existence and satisfaction of other obligations under the support order.

      (b) In a proceeding for arrears under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.

      (c) A responding tribunal of this state shall apply the procedures and remedies of this state or foreign country to enforce current support and collect arrears and interest due on a support order of another state or foreign country registered in this state.

      (d) After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.    


 

 

134)

Section

Amend Chapter Numbers:

 

15-23.1-708

120 and 132

 

 

15-23.1-708. Recognition and enforcement of registered convention support order. [Contingent effective date; see note.] -- (a) Except as otherwise provide in subsection (b), a tribunal of this state shall recognize and enforce a registered convention support order.

      (b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order;

      (1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;

      (2) The issuing tribunal lacked personal jurisdiction consistent with section 201;

      (3) The order is not enforceable in the issuing country;

      (4) The order was obtained by fraud in connection with a matter or procedure;

      (5) A record transmitted in accordance with § 15-23.1-706 lacks authenticity;

      (6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;

      (7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this state;

      (8) Payment, to the extent alleged arrears have been paid in whole or in part;

      (9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:

      (i) If the law or that a country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

      (ii) If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or

      (10) The order was made in violation of § 15-23.1-711.

      (c) If a tribunal of this state does not recognize a convention support order under subsection (b)(2), (4), (6), or (9):

      (1) The tribunal may not dismiss the proceeding without allowing a reasonable time for party to request the establishment of a new convention support order; and

      (2) The court shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under § 15-23.1-704.     


 

 

135)

Section

Amend Chapter Numbers:

 

15-23.1-904

120 and 132

 

 

15-23.1-904. Effective date. [Contingent effective date; see note.] -- This chapter, as amended, takes effect six (6) months after either congress amending 42 USC § 666(f) to allow or require states to adopt this version of the uniform interstate family support act, or six (6) months after the state obtaining a waiver of its state plan requirement under title IV-D of the social security act July 1, 2015.


 

 

136)

Section

Amend Chapter Numbers:

 

16-2-5

1 and 4

 

 

16-2-5. Composition of city or town school committees -- Election and terms of members -- Vacancies. -- The school committee of each city or town shall consist of three (3) residents of the city or town, or of any number as at the present time constitute the committee. In cities or towns having annual elections of city or town officers the committee shall be divided as equally as may be into three (3) classes whose several terms of office shall expire at the end of three (3) years from the dates of their respective elections. In cities or towns having biennial elections the committee shall be divided as equally as may be into two (2) classes whose several terms of office shall expire at the end of four (4) years from the dates of their respective elections. As the office of each class shall become vacant, the vacancy or vacancies shall be filled by the city or town at its regular city or town meeting for the election of state or city or town officers, or by the city or town council at its next meeting after this. In case of a vacancy by death, resignation, or otherwise than as is provided in this section, the vacancy shall be filled by the city or town council until the next regular city or town meeting for the election of state or city or town officers, when it shall be filled for the unexpired term as is provided in this section. This section shall not apply to the cities of Providence, Central Falls, or Woonsocket, or the Town of North Smithfield.


 

 

137)

Section

Add Chapter Numbers:

 

16-2-35

248 and 270

 

 

16-2-35. The Middletown public schools sponsorship program. -- (a) The school committee of the town of Middletown shall be authorized to adopt by resolution the Middletown public schools sponsorship program (the “program”). The purpose of said program shall be to provide funding to aid the Middletown school district in maintaining its current extra-curricular program offerings by creating paid advertising and sponsorship opportunities through the Middletown public schools.     

     (b) Such program shall meet the following guidelines and criteria:     

     (1) Proposals for sponsorships shall be reviewed by the superintendent of schools, and if approved by the superintendent, such approval shall be submitted to the Middletown school committee for final approval;     

     (2) Paid advertising and business sponsorships shall be permitted on school district grounds only with the prior approval of both the superintendent and the school committee of the town of Middletown.     

     (3) The Middletown school committee shall promulgate a policy on advertising and business sponsorship. Any advertising on school property, in district publications, and distribution or display that is paid for by a private, business, or commercial sponsor shall be consistent with the provisions of such policy. In promulgating such policy, the school district shall be especially cognizant of the requirements of chapter 21 of this title in regard to health and safety of pupils.

      (i) Advertising and business sponsorships shall be limited to products, services, and issues that support and promote a positive educational atmosphere.      

     (ii) Approved advertising, signage, and other promotions shall be in good taste, use good production quality, and shall not detract from the educational environment.      

     (c) Prohibited advertising and business sponsorships shall include, but not be limited to, the following:     

     (1) Anything that is illegal, obscene, profane, vulgar, prurient, defamatory, violent, abusive, impolite, or that contains sexual content, sexual imagery, or sexual overtones, or that is otherwise not suitable for minors;     

     (2) Anything that is discriminatory or promotes goods or services not suitable for use or consumption by minors;     

     (3) Materials in support of or promoting a specific religion or religious viewpoint; and     

     (4) Materials in support of or promoting a specific political candidate or viewpoint.     

     (d) The provisions of the section shall not apply to information, promotions, or announcements issued by the town of Middletown and/or the state of Rhode Island


 

 

138)

Section

Amend Chapter Numbers:

 

16-11-4

139 and 152

 

 

16-11-4. Annulment of certificates Annulment, renewal, recertification, or repeal of certificates. – (a) The commissioner of elementary and secondary education shall promulgate rules and regulations under which a certificate may be annulled for cause. The holder shall be entitled to notice and a hearing before the commissioner of elementary and secondary education prior to the annulment of the certificate. The holder shall have an opportunity to appeal the decision of the commissioner to the board of regents for elementary and secondary education council on elementary and secondary education, if desired.     

(b) In the event the license of any person licensed pursuant to the provisions of this chapter is subject to renewal, recertification, for any reason, including, but not limited to, the payment of licensing fees, the department of elementary and secondary education shall send notice to such person of the need for such renewal, recertification, by electronic mail or e-mail. Said notice shall be issued at least ninety (90) calendar days prior to the proposed action. Such notice shall include:      

     (1) The action proposed by the department;      

     (2) The date such action proposed is to be taken; and      

     (3) A statement as to what actions the person needs to perform to retain the license, if applicable.      

     (c) The notice required by subsection (b) of this section shall be in addition to, and not in place of, any other notice required by law.


 

 

139)

Section

Amend Chapter Numbers:

 

16-13-4

93 and 131

 

 

16-13-4. Statement of cause for dismissal -- Hearing -- Appeals -- Arbitration. -- (a) The statement of cause for dismissal shall be given to the teacher, in writing, by the governing body of the schools. The teacher may, within fifteen (15) days of the notification, request, in writing, a hearing before the full school committee or school board. The hearing shall be public or private, in the discretion of the teacher. Both teacher and school board shall be entitled to be represented by counsel and to present witnesses. The board shall keep a complete record of the hearing and shall furnish the teacher with a copy. Any teacher aggrieved by the decision of the school board shall have the right of appeal to the department of elementary and secondary education and shall have the right of further appeal to the superior court. Any decisions rendered must be approved by a majority of the full board. Members voting on a decision must have been in attendance at the hearing.

      (b) Nothing contained in this section shall be construed to prohibit, or at any time to have prohibited, a school committee in a municipality or regional school district with an elected school committee, or the chief executive officer in a municipality with an appointed school committee from agreeing, in a collective bargaining agreement, to the arbitration of disputes arising out of the nonrenewal, dismissal, and/or suspension of a teacher pursuant to §§ 16-13-2, 16-13-3, and/or 16-13-5.


 

 

140)

Section

Amend Chapter Numbers:

 

16-21-9

172 and 192

 

 

16-21-9. Health examinations and dental screenings -- Reports -- Records. -- (a) Each community as defined in § 16-7-16 shall provide for the appointment of a physician to make examinations of the health of the school children, who shall report any deviation from the normal, and for the preservation of records of the examinations of the children. Each community shall further provide for dental screenings by a licensed dentist or licensed dental hygienist or a licensed public health dental hygienist, with at least three (3) years of clinical experience, who shall report any suspected deviation from the normal normal, and for the preservation of records of the screenings of the children. Each community shall notify the parents or custodians of children of conditions requiring professional or skilled treatment. The state commissioner of elementary and secondary education shall provide blank forms and record books that he or she may deem necessary for the purposes of this section.

      (b) Each community as defined in § 16-7-16 shall only contract with a licensed dentist, and/or a licensed public health dental hygienist, for the provision of the dental screenings services required by this section. Dental hygienists performing the dental screenings pursuant to the provisions of this section shall do so under the general supervision of the dentist liable and responsible under the contract with the community or within the collaborative agreement guidelines between a licensed public health hygienist and licensed dentist.

      (c) Except in emergency circumstances, referral by a dentist, or dental hygienist, and/or public health dental hygienist of children screened pursuant to the provisions of this section to a dental practice by which the dentist or dental hygienist is employed and/or which the dentist owns shall be strictly prohibited. In the event that a referral has been made in violation of this provision, the community shall terminate its contract with the dentist. In the case of an egregious violation of the referral prohibition contained in this section, that conduct shall be reported to the board of dental examiners.

      (d) Each community shall provide to parents or custodians of children who require professional or skilled treatment a list of both dental practices in the community which that accept patients insured by Medical Assistance medical assistance and/or RIte Care and dental practices which that provide services on a sliding scale basis to uninsured individuals. The department of human services shall provide each community with a list containing the addresses and telephone numbers of both dental practices which that accept patients insured by Medical Assistance medical assistance and/or RIte Care and dental practices which that provide services on a sliding scale basis to uninsured individuals.

      (e) Dental screenings for children in kindergarten, third, and ninth grade shall only be performed by a licensed dentist.

      (f) All dentists, or dental hygienists and/or public health dental hygienists, performing dental screenings pursuant to the provisions of this section shall meet with the oral health director of the department of health on a regular basis, as determined by the chief.


 

 

141)

Section

Add Chapter Numbers:

 

16-21-35

204 and 224

 

 

16-21-35. Opioid-related drug overdose -- Use of opioid antagonists -- Immunity for those administering. – (a) For the purposes of this section, the following terms shall have the following meanings:     

     (1) "Opioid antagonist" means any drug that binds to opioid receptors and blocks or disinhibits the effects of opioids acting on those receptors, including naloxone hydrochloride, also known as Narcan or naloxone.     

     (2) "Opioid-related drug overdose" means a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death resulting from the consumption or use of an opioid or another substance with which an opioid was combined, or that a layperson would reasonably believe to be an opioid-related drug overdose that requires medical assistance.     

     (3) "School setting" means circumstances occurring while at school or at school-sponsored events or activities.     

     (b) All public middle schools, junior high schools, and high schools, shall provide and maintain on-site in each school facility opioid antagonists, as defined herein.     

     (c) To treat a case of suspected opioid overdose in a school setting, any trained nurse-teacher may administer an opioid antagonist, during an emergency, to any student or staff suspected of having an opioid-related drug overdose whether or not there is a previous history of opioid abuse. School nurse-teachers may receive training in the administration of opioid antagonists provided by the department of health. Provided, school physicians shall prepare standing orders for the procedures to be followed in dealing with a suspected opioid overdose in a school setting. Such standing orders shall not require any school nurse-teacher to administer an opioid antagonist.     

     (d) Opioid antagonists shall be maintained in quantities and types deemed adequate by the department of elementary and secondary education and the department of health, which shall incorporate into their policies, rules, and regulations a procedure for addressing incidents of opioid-related drug overdose in order to provide for the health and safety of children. Any policy, rule, or regulation shall ensure that the opioid antagonist is kept in a conspicuous place, readily available, but with provisions made for the safekeeping and security of the opioid antagonist so that the security of the medication will not be compromised.     

     (e) No school nurse-teacher shall be liable for civil damages that may result from acts or omissions relating to the use of the opioid antagonist that may constitute ordinary negligence; nor shall the school personnel mentioned in this subsection be subject to criminal prosecution that may result from acts or omissions in the good faith administration of an opioid antagonist. This immunity does not apply to acts or omissions constituting gross negligence or willful or wanton conduct.     

     (f) No school nurse-teacher shall be subject to penalty or disciplinary action for refusing to be trained in the administration of an opioid antagonist.


 

 

142)

Section

Add Chapter Numbers:

 

16-22-27

208 and 232

 

 

16-22-27. Availability of instruction in musical performance education. – All secondary public schools, including middle schools, or any other secondary schools managed and controlled by the state, are strongly encouraged to offer as a part of the curriculum, courses in performing arts, including musical ensembles, such as band, chorus, orchestra, and other performance ensembles, with emphasis upon development of aesthetic appreciation and the skills of creative expression.


 

 

143)

Section

Amend Chapter Numbers:

 

16-40-1

207 and 231

 

 

16-40-1. Approval of secondary and higher schools by board -- Certification to secretary of state. -- (a) No academy, college, university, or other institution of secondary or higher education shall be incorporated or established in this state or be permitted to transact business, unless exempt pursuant to § 16-40-10, within this state unless and until: (1) suitable Suitable provision, approved by the board of regents council on for elementary and secondary education or the board of governors for higher council on postsecondary education, shall be made that the academy, college, university, or institution is in compliance with the provisions of this chapter and with the regulations and standards for approval adopted by the appropriate one of those boards council or full board to implement this chapter; and (2) for For institutions offering an associates degree or higher, the institution has initiated discussions, that are evidenced by a writing, with the New England Association of Schools and Colleges (NEASC) regarding potential accreditation.

      (b) The secretary of state, upon the receipt by him or her under the provisions of the general laws of articles of association purporting to establish an educational institution, shall transmit the articles of association to the appropriate board council and shall not issue the certificate of incorporation provided by the general laws unless and until the commissioner of elementary and secondary education or the commissioner of higher education the office of post-secondary education shall file with the secretary of state a certificate over his or her signature that the appropriate board council has approved the application for incorporation as complying with the requirements of this section.   


 

 

144)

Section

Amend Chapter Numbers:

 

16-40-2

207 and 231

 

 

16-40-2. Authority to grant degrees not presumed. -- Authority to grant academic, collegiate, professional, or other degrees recognizing learning, scholarship, or achievement shall not be included in in, or presumed to be part of of, the functions of a corporation or of an institution of education, education unless its charter or the articles of association shall specifically indicate that the institution is nonprofit and specifically indicate the power to grant degrees and the nature of the degrees to be granted; and no corporation or association shall grant academic, collegiate, professional, or similar degrees without specific authorization; and for institutions offering an associates degree or higher, has received full New England Association of Schools and Colleges (NEASC) accreditation within five (5) years of its incorporation or establishment within this state or five (5) years of being permitted to transact business within this state unless exempt pursuant to § 16-40-10.   


 

 

145)

Section

Amend Chapter Numbers:

 

16-40-10

207 and 231

 

 

16-40-10. Schools exempt. – (a) Nothing contained in §§ 16-40-1 through 16-40-9 16-40-18, except the provisions of § 16-40-3, shall apply to any school or schools conducted under the public school system of this state state, nor to any academy, college, university, or institution of education which shall have been established and conducted within this state for a period of ten (10) years prior to April 13, 1932, nor to any academy, college, university, or institution of education established by a special act of the general assembly of this state prior to January 1, 1987, nor to Roger Williams University in Bristol, Rhode Island.     

     (b) Nothing contained in §§ 16-40-1 through 16-40-18 shall apply to any postsecondary school or schools solely offering distance learning pursuant to an interstate reciprocity agreement for distance learning, if:      

     (1) The institution is situated in a state that is also participating in such agreement;      

     (2) The institution has been approved to participate in such agreement by its home state and other entities with oversight of such agreement;      

     (3) The institution has elected to participate in and operate in compliance with the terms of said agreement; and      

     (4) The institution is and remains a member in good standing under the reciprocity agreement.


 

 

146)

Section

Amend Chapter Numbers:

 

16-59-4

207, 231, and 141 article 7

 

 

16-59-4. Powers and duties of the council on postsecondary education. -- (a) The council on postsecondary education shall have, in addition to those enumerated in § 16-59-1, the following powers and duties:

      (1) To approve a systematic program of information gathering, processing, and analysis addressed to every level, aspect, and form of higher education in this state especially as that information relates to current and future educational needs so that current needs may be met with reasonable promptness and plans formulated to meet future needs as they arise in the most efficient and economical manner possible.

      (2) To develop and approve a strategic plan implementing broad goals and objectives for higher education in the state as established by the board of education, including a comprehensive capital development program.

      (3) To formulate broad policy to implement the goals and objectives established and adopted by the board of education, education; to adopt standards and require enforcement enforcement; and to exercise general supervision over all higher public education in the state and over independent higher education in the state as provided in subdivision (8) and (9) of this section. The board of education and the council shall not engage in the operation or administration of any subordinate committee, university, junior college, or community college, except its own office of postsecondary education and except as specifically authorized by an act of the general assembly; provided, the presidents of each institution of higher learning shall be the chief administrative and executive officers of that institution; and provided that nothing contained in this section shall prohibit their direct access to or interfere with the relationship between the presidents and the board of education and the council.

      (4) To communicate with and seek the advice of the commissioner of postsecondary education, the presidents of the public higher education institutions and all those concerned with and affected by institutions, and all those concerned with, and affected by, its determinations as a regular procedure in arriving at its conclusions and in setting its policy.

      (5) To prepare and maintain a five (5) year five-year (5) funding plan for higher education that implements the strategic financing recommendations of the board of education; to prepare prepare, with the assistance of the commissioner of postsecondary education education, and to present annually to the state budget officer officer, in accordance with § 35-3-4 § 35-3-4, a state higher education budget, which shall include, but not be limited to, the budget of the office of postsecondary education and the budget of the state colleges. In the preparation of the budget, the council shall implement priorities established by the board of education of expenditures for public higher education purposes of state revenues and other public resources made available for the support of higher public education. Prior to submitting the budget to the state budget officer as required by the budget office instructions and this subsection, the council shall present the budget to the board of education for its review and approval. Nothing contained in this subdivision shall authorize the council to alter the allocation of grants or aid otherwise provided by law.

      (6) To maintain an office of postsecondary commissioner; to provide for its staffing and organization; and to manage and oversee a commissioner of postsecondary education pursuant to duties and responsibilities defined in § 16-59-6 and § 16-59-7. The commissioner of postsecondary education and the office of postsecondary commissioner shall have the duties and responsibilities as defined in §§ 16-59-6 and 16-59-7.

      (7) To appoint and dismiss presidents of the public institutions of higher learning with the assistance of the commissioner of postsecondary education, and to establish procedures for this, and with the assistance of the commissioner to approve or disapprove vice presidents of the public institutions of higher learning appointed by the respective presidents of the public institutions of higher learning.

      (8) To establish other educational agencies or subcommittees necessary or desirable for the conduct of any or all aspects of higher education and to determine all powers, functions, and composition of any agencies or subcommittees and to dissolve them when their purpose shall have been fulfilled.

      (9) To exercise the authority vested in the board of regents for education with relation to independent higher educational institutions within the state under the terms of chapter 40 of this title, and other laws affecting independent higher education in the state.

      (10) To enforce the provisions of all laws relating to higher education, public and independent.

      (11) To be responsible for all the functions, powers, and duties which that were vested in the board of regents for education relating to higher education, including but not limited to including, but not limited to, the following specific functions:

      (i) To approve the role and scope of programs at public institutions of higher learning with the assistance of the commissioner of postsecondary education which shall include shall include, but not be limited to to, populations to be served, the type and level of programs programs, and academic fields offered.

      (ii) To adopt and require standard accounting procedures for the office of postsecondary commissioner and all public colleges and universities.

      (iii) To approve a clear and definitive mission for each public institution of higher learning with the assistance of the commissioner of postsecondary education that is consistent with the role and scope of programs at the public institutions.

      (iv) To promote maximum efficiency, economy, and cooperation in the delivery of public higher educational services in the state and cooperation with independent institutions of higher education.

      (12) To incorporate into its own affirmative action reporting process periodic reports monitoring specific faculty and staff searches by the chairperson of the search committee to include the rationale for granting those interviews and the final hiring results. The institutions must empower their affirmative action officer to monitor searches in this manner, to intervene during the search, and, when necessary, manner; to intervene during the search; and, when necessary; to cause a search to cease if affirmative action goals are not being adequately served.

      (13) To incorporate a specific category for accountability on affirmative action goals and implementation as part of the board's annual evaluations and three (3) year three-year (3) reviews for the presidents of each of the public institutions of higher education.

      (14) To make a formal request of the governor that that, whenever an opportunity arises to make new appointments to the board, that the governor make every effort to increase the number of African Americans, Native Americans, Asians, and Hispanics on the board.

      (15) To develop coherent plans for the elimination of unnecessary duplication in public higher education and addressing the future needs of public education within the state in the most efficient and economical manner possible.

      (16) To delegate to the presidents of each public higher education institution the authority and responsibility for operational and management decisions related to their institutions, consistent with the goals of the statewide strategic plan for postsecondary education provided however education; provided, however, that the presidents may be required to provide information or updates to the council regarding any delegated operational or management decisions.     

     (17) To approve application and renewal fees for all postsecondary institutions situated in Rhode Island, public or private, that choose to participate in an interstate, postsecondary distance-education reciprocity agreement.      

     (18) To the extent necessary for participation, and to the extent required and stated in an interstate distance learning reciprocity agreement, the council shall promulgate procedures to address complaints received from out-of-state students in connection with, or related to, any Rhode Island postsecondary institution, public or private, that has been approved to participate in an interstate, distance-learning reciprocity agreement.     


 

 

147)

Section

Amend Chapter Numbers:

 

16-59-6

207, 231, and 141 article 7

 

 

16-59-6. Commissioner of postsecondary education. -- The council on postsecondary education, with approval of the board, shall appoint a commissioner of postsecondary education, who shall serve at the pleasure of the council, provided that his or her initial engagement by the council shall be for a period of not more than three (3) years. For the purpose of appointing, retaining, or dismissing a commissioner of postsecondary education, the governor shall serve as an additional voting member of the council. The position of commissioner shall be in the unclassified service of the state and he or she shall serve as the chief executive officer of the council on postsecondary education and as the chief administrative officer of the office of postsecondary commissioner. The commissioner of postsecondary education shall have any duties that are defined in this section and in this title and other additional duties as may be determined by the council, and shall perform any other duties as may be vested in him or her by law. In addition to these duties and general supervision of the office of postsecondary commissioner and the appointment of the several officers and employees of the office, it shall be the duty of the commissioner of postsecondary education:

      (1) To develop and implement a systematic program of information gathering, processing, and analysis addressed to every aspect of higher education in the state, especially as that information relates to current and future educational needs.

      (2) To prepare a strategic plan for higher education in the state aligned with the goals of the board of education's strategic plan; to coordinate the goals and objectives of the higher public education sector with the goals of the council on elementary and secondary education, education and activities of the independent higher education sector where feasible.

      (3) To communicate with with, and seek the advice of of those concerned with with, and affected by by the board of education's and council's determinations.

      (4) To implement broad policy as it pertains to the goals and objectives established by the board of education and council on postsecondary education; to promote better coordination between higher public education in the state, independent higher education in the state as provided in subdivision (10) of this section section, and pre k-12 education; to assist in the preparation of the budget for public higher education education; and to be responsible responsible, upon direction of the council council, for the allocation of appropriations, the acquisition, holding, disposition of property.

      (5) To be responsible for the coordination of the various higher educational functions of the state so that maximum efficiency and economy can be achieved.

      (6) To assist the board of education in preparation and maintenance of a five (5) year five-year (5) strategic funding plan for higher education; to assist the council in the preparation and presentation annually to the state budget officer in accordance with § 35-3-4 of a total total, public higher educational budget.

      (7) To recommend to the council on postsecondary education education, after consultation with the presidents, a clear and definitive mission for each public institution of higher learning.

      (8) To annually recommend to the council on postsecondary education education, after consultation with the presidents, the creation, abolition, retention, or consolidation of departments, divisions, programs, and courses of study within the public colleges and universities to eliminate unnecessary duplication in public higher education, to address the future needs of public higher education in the state, and to advance proposals recommended by the presidents of the public colleges and universities pursuant to §§ 16-32-2.1, 16-33-2.1 and 16-33.1-2.1. of the general laws.

      (9) To supervise the operations of the office of postsecondary commissioner and any other additional duties and responsibilities that may be assigned by the council.

      (10) To perform the duties vested in the council with relation to independent higher educational institutions within the state under the terms of chapter 40 of this title and any other laws that affect independent higher education in the state.

      (11) To be responsible for the administration of policies, rules, and regulations of the council on postsecondary education with relation to the entire field of higher education within the state, not specifically granted to any other department, board, or agency and not incompatible with law.

      (12) To prepare standard accounting procedures for public higher education and all public colleges and universities.

      (13) To carry out the policies and directives of the board of education and the council on postsecondary education through the office of postsecondary commissioner and through utilization of the resources of the public institutions of higher learning.     

     (14) To enter into interstate reciprocity agreements regarding the provision of postsecondary distance education; to administer such agreements; to approve or disapprove applications to voluntarily participate in such agreements from postsecondary institutions that have their principal place of business in Rhode Island; and to establish annual fees, with the approval of the council on postsecondary education, for aforesaid applications to participate in an interstate postsecondary distance education reciprocity agreement.      

     (15) To the extent necessary for participation, and to the extent required and stated in any distance learning reciprocity agreement, to implement procedures to address complaints received from out-of-state students in connection with, or related to, any Rhode Island postsecondary institution, public or private, that has been approved to participate in said reciprocity agreement.  


 

 

 

148)

Section

Amend Chapter Numbers:

 

16-59-11

207 and 231

 

 

16-59-11. Investigative powers of board. -- The board of governors council on postsecondary education shall have power to investigate all transactions and matters relating to higher public education in the state, including those required pursuant to an interstate, distance- learning reciprocity agreement, and to summon witnesses, administer oaths, and to require testimony and the production of records in like manner and to the same extent as a court of law.


 

 

149)

Section

Amend Chapter Numbers:

 

17-6-1

176 and 201

 

 

17-6-1. General powers and duties. -- (a) The secretary of state shall have those functions, powers, and duties relating to elections that may be provided by this title or any other law not inconsistent with this chapter. The secretary of state shall maintain a central roster of all elected and appointed officers of the state, including for each officer the nature of the officer's tenure and the date of expiration of the officer's term of office. The secretary of state shall maintain a central register of all persons registered to vote in the several cities and towns and shall add, amend, delete, and cancel any names appearing on the register as certified to the secretary by the several local boards and by the state board.

      (b) The secretary of state may compile and publish a complete edition of the election law, law which that the secretary shall make available to all election officials and candidates upon request, request and without charge. The secretary of state shall receive and file certificates of election results as provided by this title.     

     (c) Notwithstanding any provisions of the general laws to the contrary, the office of the secretary of state shall have the authority to submit and approve the specifications used by the department of administration in procuring voting systems, voting system-related services, and accessible voting equipment on behalf of the state.


 

 

150)

Section

Amend Chapter Numbers:

 

17-7-5

176 and 201

 

 

17-7-5. Powers and duties -- Quorum. -- (a) The state board shall have those functions, powers, and duties that are prescribed by this title or otherwise pursuant to law. In the exercise of these functions, powers, and duties, but without limitation to them, the board shall:

      (1) Exercise general supervision of the administration of the election law by local boards;

      (2) Furnish all binders, forms, cabinets, and other supplies required for the operation of the system of permanent registration of voters throughout the state, as provided by this title;

      (3) Require the correction of voting lists by any local board whenever the state board has information or cause to believe that any error exists in the lists, lists and shall immediately notify the secretary of state of any corrections;

      (4) Have responsibility for supervising the vendor to the extent that services under the jurisdiction of the state board are performed by the vendor as prescribed by § 17-19-3.

      (5)(4) Prepare, package, and deliver election supplies to the various cities and towns for each voting district, except for supplies listed in this title for delivery by the office of the secretary of state;

      (6)(5) (i) Appoint, qualify qualify, and assign all state inspectors of elections. The state board of elections shall formulate programs of instruction and shall determine the method and manner of instruction which that shall be provided to the local boards and to the vendor providing training pursuant to any agreement between the state and the vendor for the training of election officials. The program of instruction shall include familiarization with the election laws and duties of various election officials, together with the exercise of sample situations which that may be encountered in the process of voting, voting; geographical boundaries of the voting district to which the official may be assigned, assigned; offices and questions which that may be on the ballot, ballot; and any other information that the board of elections may deem appropriate. The availability of these programs of instruction for local boards shall be pursuant to the procedures, rules rules, and regulations adopted by the board of elections.

      (ii) The board of elections shall also formulate and provide an informational pamphlet containing detailed instructions regarding the duties of elections officials and the operation of polling places. All informational pamphlets shall be distributed to the local boards who that shall, in turn, see to their distribution to all election officials prior to any election; election:

      (7)(6) Canvass and tabulate all votes cast at each state election; election and count, canvass, and tabulate the votes cast by mail voters as provided in this title;

      (8)(7) Select dates for off year off-year and special election primaries, except the dates for any primaries for local elections that require fixing by the local board pursuant to chapter 15 of this title;

      (9)(8) Furnish each elected candidate for all state or national offices a certificate of election;

      (10)(9) Furnish the secretary of state with a certified statement of the number of votes cast in each voting district for all state and national candidates, the votes cast for and against all state questions which that appeared on the ballot, and a certificate of election for each national candidate who is elected in this state, and furnish the governor with a certified list of the general officers elected at each general election;

      (11)(10) Hold hearings relating to recounts or other protests of the results or conduct of an election;

      (12)(11) Maintain any books and records of the votes cast, cast and publish any statements and reports, reports that it may deem to be in the public interest;

      (13)(12) Arrange and make provisions for the registration of voters pursuant to the National Voter Registration Act (NVRA) of 1993, 42 U.S.C. § 1973gg et seq. The state board shall formulate programs to assist those persons or organizations desiring to register voters and shall provide, pursuant to procedures, rules, and regulations it shall adopt, voter registrations services which that may include training sessions, registration materials, manuals manuals, and other services for the purpose of registering to vote eligible Rhode Island citizens;

      (14)(13) Annually conduct a voter registration drive at each institution of higher education at the level of junior college or above in the state; and

      (15)(14) Establish and maintain an administrative complaint procedure in accordance with Section 402 of the Help America Vote Act (P.L. 107-252) [42 U.S.C. § 15512].

      (b) The state board shall also have all of the powers and duties formerly conferred or imposed by existing law upon the division of elections and the election board, and whenever in any other general law, public law, act, or resolution of the general assembly, or any document, record, or proceeding authorized by the general assembly, the phrase "division of elections" or "election board" or any other word or words used in reference to or descriptive of the division, board, or any member or employee of the division or board, or to their respective activities or appointees, or any of them, the word, phrase, or reference shall, unless the context otherwise requires, be deemed to refer to and describe the state board, its members, appointees, and activities, as the context may require.

      (c) The state board shall have power to make any rules, regulations, and directives that it deems necessary to carry out the objects and purposes of this title not inconsistent with law.

      (d) The state board shall also have jurisdiction over all election matters on appeal from any local board and over any other matters pertinent and necessary to the proper supervision of the election laws.

      (e) Four (4) members of the state board shall constitute a quorum.

      (f) Notwithstanding the provisions of § 42-35-18(b)(22), 42-35-18(b)(7), all rules and regulations implementing and enforcing the provisions of the Help America Vote Act of 2002 (P.L. 107-252) [42 U.S.C. § 15301 et seq.]shall be promulgated in accordance with the rule-making provisions contained in §§ 42-35-1 -- 42-35-8.


 

 

151)

Section

Amend Chapter Numbers:

 

17-9.1-16

79 and 85

 

 

17-9.1-16. Procedure on change of address -- Fail safe voting provisions. -- (a) Change of address within the same city or town. - (1) A registered voter who has moved from a residence address within a voting district to another residence address within the same voting district and who has not notified the local board of the change of residence address thirty (30) days or more prior to the election shall be permitted to vote at the polling place designated for the voting district or at the local board upon completion of a written affirmation form which shall record the voter's change of address within the voting district. The form may be completed by the voter at the polling place designated for the voting district and thereafter transmitted, after the close of the polls, to the local board or may be completed at the local board.

      (2) Any registered voter who has moved his or her residence from one residence address to another residence address within the same city or town and who has not notified the local board of the change of residence address thirty (30) days or more prior to the election shall be permitted to vote as follows:

      (i) A registered voter who has moved from a residence address in one voting district to a residence address in another voting district within the same city or town thirty (30) days or more preceding an election shall be permitted to vote a full ballot at the polling place of the new residence address or at the local board upon completion of an affirmation form which shall record the voter's change of address. If the form is completed at the polling place, the form shall be forwarded to the local board after the close of the polls; or

      (ii) Any registered voter who has moved less than thirty (30) days preceding an election from one address to another address within a different voting district within the same city or town shall be permitted to vote at the polling place of the former address or at the local board and is entitled to vote the full ballot for the old polling place upon completion of an affirmation form which shall record the voter's change of address.

      (3) Any registered voter to whom a confirmation mailing was sent by either the state board or a local board, based upon information other than change of address information received from or through the postal service, shall be placed on the inactive list of voters if the recipient of the confirmation mailing fails to return the related confirmation card. If the voter continues to reside in the same city or town and at the residence address currently recorded on the voter's registration card or at a residence address within the same voting district, the voter shall be permitted to vote at the polling place for that residence address upon signing an affirmation form. If the voter has moved to a new residence address within the same city or town but within a different voting district the registered voter shall be permitted to vote a full ballot at the polling place of the new residence address or at the local board upon completion of an affirmation form which shall record the voter's change of address.

      (4) Any registered voter to whom a confirmation mailing was sent by either the state board or a local board, based upon change of address information provided by or through the postal service, shall not be placed on the inactive list even if the recipient of the confirmation mailing fails to return the related confirmation card. The registered voter shall be permitted to vote at the polling place of the new residence address or the local board without the requirement of signing an affirmation form. If the change of address information provided by or through the postal service was in error, the registered voter shall be permitted to vote at the polling place of his or her former address or at the local board upon signing the required affirmation form.

      (b) Change of address from one city or town to another city or town. - (1) A voter who has moved his or her residence, as defined in § 17-1-3.1, from the address at which the voter is registered to another within a different city or town shall be required to register in the city or town to which the voter has moved; provided, that no person qualified to vote in any city or town in this state shall lose his or her right to vote in that city or town by reason of his or her removal to another city or town in this state during the thirty (30) days, less one day, next preceding an election or primary in the former city or town.

      (2) That a voter who remains within the state, although he or she fails to register in the city or town to which the voter has moved within time to vote in the city or town, shall be permitted to vote by special paper ballot to be provided by the secretary of state upon application for it approved by the board of canvassers of the voter's former city or town for federal and statewide elected officials only during the six (6) months, less one day, next preceding an election or primary.

      (c) Persons erroneously excluded from certified voting list. - Any voter finding that his or her name is not on the certified voting list of his or her city or town being used at any election may make an affidavit before the local board, each member or employee of which is empowered to take his or her affidavit, that he or she is duly registered in the city or town and is not otherwise disqualified from voting in the election. The board may examine the voter and if it finds that the voter is qualified to vote, the voter shall, upon making the affidavit provided for, be allowed to vote either at the local board or at the polling place for the voting district in which the voter resides. In the latter case, the local board shall issue a temporary registration certificate as provided in § 17-10-18. Local boards shall be required to be continuously in session during the hours assigned for voting in each city or town. cast a provisional ballot in accordance with § 17-19-24.1.


 

 

152)

Section

Amend Chapter Numbers:

 

17-18-10

25 and 39

 

 

17-18-10. Time of opening of polls. -- (a) Elective meetings in the cities and towns named in this section shall be opened for the purpose of voting at the hours specified for each particular city or town as designated in the specific time as follows: (1) Barrington Polls open at 7 a.m.(2) Bristol Polls open at 7 a.m.(3) Burrillville Polls open at 7 a.m. for the biennial general electionand 9 a.m. for all other elections (4) Central Falls Polls open at 7 a.m.(5) Charlestown Polls open at 7 a.m. for the biennial general electionand 9 a.m. for all other elections (6) Coventry Polls open at 7 a.m.(7) Cranston Polls open at 7 a.m.(8) Cumberland Polls open at 7 a.m.(9) East Greenwich Polls open at 7 a.m.(10) East Providence Polls open at 7 a.m.(11) Exeter Polls open at 7 a.m.(12) Foster Polls open at 7 a.m.(13) Glocester Polls open at 7 a.m.(14) Hopkinton Polls open at 7 a.m.(15) Jamestown Polls open at 7 a.m. for the biennial general electionand 8 a.m. for all other elections (16) Johnston Polls open at 7 a.m.(17) Lincoln Polls open at 7:00 a.m.(18) Little Compton Polls open at 7 a.m.(19) Middletown Polls open at 7 a.m. and 7 a.m. for Presidential Elections only(20) Narragansett Polls open at 7 a.m.(21) Newport Polls open at 7 a.m.(22) New Shoreham Polls open at 9 a.m.(23) North Kingstown Polls open at 7 a.m.(24) North Providence Polls open at 7 a.m.(25) North Smithfield Polls open at 7 a.m.(26) Pawtucket Polls open at 7 a.m.(27) Portsmouth Polls open at 7 a.m.(28) Providence Polls open at 7 a.m.(29) Richmond Polls open at 7 a.m.(30) Scituate Polls open at 7 a.m.(31) Smithfield Polls open at 7 a.m.(32) South Kingstown Polls open at 7 a.m.(33) Tiverton Polls open at 7 a.m.(34) Warren Polls open at 7 a.m.(35) Warwick Polls open at 7 a.m.(36) Westerly Polls open at 7 a.m.(37) West Greenwich Polls open at 7 a.m.(38) West Warwick Polls open at 7 a.m.(39) Woonsocket Polls open at 7 a.m.     

     (b) In all special or primary elections in the towns of Hopkinton, Westerly, Richmond, and Little Compton, polls shall open at 9:00 a.m.

      (c) In all presidential preference primaries in the town of New Shoreham, polls shall open at 12:00 p.m.      

     (d) In all primary elections in all cities and towns, polls may open at 7:00 a.m.     

     Notice shall be given and posted by the local board.


 

 

153)

Section

Amend Chapter Numbers:

 

17-19-1

176 and 201

 

 

17-19-1. Definitions. -- As used in this chapter, except as otherwise required by the context:

      (1) "Computer ballot" means the paper ballot prepared by the office of the secretary of state for use in conjunction with the optical scan precinct count system or the voting equipment precinct count system then in place and procured in accordance with this chapter;

      (2) "Voting equipment" means an optical scan precinct count voting system or the voting equipment precinct count system then in place and procured in accordance with this chapter, related memory device, all related hardware and software, accessible voting systems required by federal law, and voting booths;

      (3) "Warden" includes moderator; moderator and vice versa;

      (4) "Candidate" means any individual who has qualified under law to have his or her name appear on the ballot for nomination for election or election to office;

      (5) "Write-in candidate" means any individual receiving votes or seeking election to office by virtue of having irregular ballots cast for him or her pursuant to § 17-19-31;

      (6) "Public office" means any state, municipal, school school, or district office or other position that is filled by popular election, except political party offices offices, which that shall mean any state, city, town, ward ward, or representative or senatorial district committee office of a political party or delegate to a political party convention, or any similar office; and

      (7) A "Vote" shall be any mark made with the appropriate marking device within the optech ballot voting area between the head and tail of the arrow on the computer ballot next to the party, candidate, write-in candidate candidate, or question, as is applicable, for whom the voter casts his or her ballot, except as provided in § 17-20-24.     


 

 

154)

Section

Amend Chapter Numbers:

 

17-19-2

176 and 201

 

 

17-19-2. Voting equipment. -- Subject to the provisions of this chapter, voting equipment which that has been procured by the department of administration according to the provisions of this chapter shall be used in all state, city, or town elections, including elections at which amendments to the Constitution constitution of the state are submitted to the electors for approval. Until such voting equipment is procured by the department of administration pursuant to the specifications provided by the office of the secretary of state, voting equipment previously acquired by the department of administration according to the provisions of this chapter in effect at that time shall continue to be used in all state, city, or town elections, including elections at which amendments to the constitution of the state are submitted to the electors for approval.   


 

 

155)

Section

Amend Chapter Numbers:

 

17-19-2.1

176 and 201

 

 

17-19-2.1. New voting technology. -- WHEREAS, mechanical lever voting machines have been in use in the state of Rhode Island for more than fifty (50) years; and

      WHEREAS, voting machine technology has now advanced to the point where votes can be cast and reliably recorded on optical scan precinct count voting systems; and

      WHEREAS, optical scan precinct count voting systems are now in use in various states and have resulted in returning accurate and reliable voting results within a shorter period of time than is possible through the use of mechanical lever machines; and

      WHEREAS, the general assembly finds that it is in the public interest to convert from mechanical lever voting machines to an optical scan precinct count voting system;

      THEREFORE, the general assembly determines that an optical scan precinct count voting system as described in § 17-19-3 shall be employed in elections held in the State of Rhode Island beginning in 1997.

      The department of administration shall be responsible for the procurement of an optical scan precinct count voting system and for the procurement of a full service contract as set forth in § 17-19-3. The specifics in the request for proposal shall be drafted by the department of administration in consultation with the office of the secretary of state and the state board of elections. The term of each contract shall be determined by the department of administration. The procured system shall be revenue neutral in that, over the life of the contract, it may not cause the state to incur more expense than would be expended under the mechanical lever system during a similar period. The department of administration shall seek bids from vendors for the options of purchasing, leasing to own and renting an optical scan precinct count voting system meeting the requirements set forth in § 17-19-3, and for the full services of the vendor as set forth in § 17-19-3. In the event the department of administration purchases new voting equipment and services in accordance with § 17-19-3, then any reference in title 17 to optical scan equipment shall be deemed to refer to the voting equipment then purchased, whether such voting equipment utilizes optical scan technology or not.     


 

 

156)

Section

Amend Chapter Numbers:

 

17-19-3

176 and 201

 

 

17-19-3. Voting equipment and services -- Specifications. [Effective January 1, 2015.] -- (a) The office of secretary of state and the state board of elections shall develop, from time to time, and, in coordination with the general assembly for the purpose of funding procurement, submit specifications to the department of administration, which that the department of administration shall consult utilize in developing a request for a proposal, as set forth in § 17-19-2.1 procuring voting equipment, voting systems, and services related thereto in accordance with this chapter and chapter 2 of title 37 of the general laws. These specifications must be submitted to the department of administration within thirty (30) days of the passage of this bill. These specifications, and the request for a proposal and requests for proposals for the options of purchasing, leasing to own, or renting an optical scan precinct count voting system systems that utilize technologies, methods and equipment considered reasonable best practices for the state and in compliance with all laws, and for a full-service contract for an optical scan precinct count such voting system systems, shall propose an optical scan precinct count system that shall be constructed and shall operate in a manner that meets the following minimum requirements:

      (1) It shall enable the voter to:

      (i) Mark his or her ballot and cast his or her vote in secrecy;

      (ii) Vote for all candidates of political parties or organizations, and for, or against, questions as submitted;

      (iii) Vote for as many persons for an office as the voter is lawfully entitled to vote for, but no more; and

      (iv) Vote on any question the voter may have the right to vote on;

      (2) It shall prevent the voter from voting for the same person more than once for the same office;

      (3) The voting equipment shall allow the voter to cast one vote, thereby allowing the voter to vote for all the presidential electors of a party by marking one mark on the ballot, and a ballot containing only the words "presidential electors for," preceded by the name of that party and followed by the names of the candidates of that party for the offices of president and vice-president a clear and unambiguous means; provided, that means shall be furnished by which the voter can cast a vote in part for the candidates for presidential electors of one party, and in part for those of one or more other parties, or in part or in whole, for persons not nominated by any party;

      (4) The optical scan precinct counting system shall meet the following specifications:

      (i) Vote counting, including absentee ballots, shall be performed through the use of automated electronic equipment;

      (ii) All vote counting shall be performed on equipment supplied as part of the bid. The system shall not require the use of non-supplied equipment to count ballots or tabulate results;

      (iii) There shall be privacy enclosures in which a voter may mark his or her ballot or otherwise cast his or her vote in secret;

      (iv) There shall be a device located in each polling place that can record the vote count and tally the vote count in that polling place and that can produce a printed tally of all races contained on said ballot in human, readable form. The device shall automatically print a "zero report" at the beginning of the day when the device is activated. The device that receives ballots for counting shall have an external counter indicating the number of ballots received. The actual vote tally shall be capable of being performed only by election officials and shall not be visible during the actual voting process. Each recording device shall rest on a ballot box that must have compartments with doors that lock for ensure the security of voted ballots and ease of access;

      (v) As part of the voting process, there shall be created a physical ballot showing the votes cast by an individual voter that is capable of being hand counted so that electronic-recorded-device recorded device totals can be checked for accuracy. The device must be able to accept a one (1)-two (2)- or three (3)- column ballot that can be printed on one or both sides;

      (vi) There shall be a device at each polling place to receive the physical audit trail of ballots cast and that shall securely store the ballots and have the capability of restricting access to the ballots only to authorize officials;

      (vii) In the event of loss of electrical power, the polling place vote count shall be stored on an ongoing basis in media that will retain the count of the votes cast to that point in time for a period of no less than five (5) years;

      (viii) The polling place vote counts shall be stored on a stable media that may be easily transported and that may be accessed and counted by an electronic device so that state, city, and/or town vote totals can be electronically calculated by combining individual polling place totals. It shall not be necessary to enter individual polling place totals by, and into, a central computer or device for the purpose of producing the state, city, and/or town totals, but rather the electronic media on which the polling place totals are stored shall be directly readable and accessible by a regional or central device;

      (ix) There shall be a device that has the capability to electronically read the storage device upon which the individual polling place totals are stored and that shall produce a combined total for all races, which total can be printed in easily readable and legible form in a format prescribed by the state board of elections;

      (x) The system provided shall allow the secretary of state to have the capability to design the ballot format;

      (xi) The system shall provide a capability for the state, without the use of outside services, to set up and prepare the counting devices to total an election; and

      (xii) The system must be capable of receiving voted ballots without counting when without power and must provide for securely storing uncounted ballots;

      (5) The following minimum equipment shall be required for the state:

      (i) There shall be six hundred (600) a minimum number of units to permit counting to be conducted in each polling place within the state with a reserve of equipment on hand;

      (ii) There shall be a sufficient voting booths to allow one number of voting booth booths for approximately every one hundred seventy-five (175) each precinct to accommodate voters as determined in this title;

      (iii) The number of polling place units and voting booths must be sufficient to permit the election to run smoothly without excessive waiting of voters;

      (iv) If there is an increase in the number of polling places statewide during the term of the contract, the vendor will supply additional polling place units and voting booths at a cost proportional to the cost of the initial units pro rated for the balance of the agreement years;

      (v) (A) There shall be high-speed, absentee vote tabulating equipment. These tabulators, as a whole, must be capable of counting a minimum of four hundred (400) absentee ballots per minute absentee ballots at a reasonable best practices rate. The tabulators shall utilize the same ballots used in the polling place;

      (B) This system shall have the following capabilities in connection with the counting of ballots and producing results:

      (I) This system shall be able to read the media from the polling place units on which polling place results are stored and shall be able to compile polling place results producing a ballot total for each race; and

      (II) This system shall be capable of producing and printing out ballot totals on a polling-place-by-polling-place basis for each race, and shall be capable of producing a final total and subtotals of all races from all races and polling places in the state. All totals must be able to be produced at any time, based upon the number of polling places counted up to that point in time, and these printout results shall state the number of precincts counted and the percentage of precincts reporting;

      (vi) There shall be all equipment necessary to program the system and erase the memory devices;

      (vii) Regional Reasonable best-practices tabulating equipment shall be located in each of the thirty-nine (39) local boards of canvassers and the central tabulation equipment shall be located at the state board of elections. The state board of elections, in conjunction with the service contract vendor, no less than thirty (30) days prior to an election, shall determine which regional and/or central test the tabulation sites are system to be utilized for the election and determine whether regional and/or central tabulation is adequate, and if regional tabulation is required, so implement it. The tabulation system shall have the following capabilities in connection with the counting of ballots and producing results:

      (A) This system shall be able to read the media from the polling place units on which polling place results are stored and shall be able to compile polling place results producing a ballot total for each race;

      (B) This system shall be capable of producing and printing out ballot totals on a polling-place-by-polling-place basis for each race and shall be capable of producing a final total and subtotal of all races from all races and polling places in the state;

      (C) All totals must be able to be produced at any time based upon the number of polling places counted up to that point in time, and the printout results shall state the number of precincts counted and the percentage of precincts reporting; and

      (D) This system shall be capable of transferring information gathered at each regional site to the central site and shall also be capable of transferring information gathered at the central site to a specific, regional site from the precincts and, if regional and/or central tabulation sites are utilized, the system shall be capable of transferring information gathered at any regional or central sites utilized by the thirty-nine (39) local boards of canvassers;

      (6) All necessary programming and accumulation software shall be provided to run the election system in accordance with the required specifications as well as all necessary and required modules. Any software updates during the term of the agreement shall not be charged to the state;

      (7) The vendor of the optical scan precinct count system shall provide written proof of compliance with Federal Election Commission federal standards then in place and administered by the designated federal agency or organization from an independent testing company and this written proof must be on file with the office of the secretary of state and the state board of elections;

      (8) The vendor shall also provide the following information to be included in the vendor's bid proposal:

      (i) (A) An audited financial statement covering the previous five (5) years, and if the vendor is not the manufacturer of the equipment, both the agent and manufacturer must submit an audited financial statement covering the previous five (5) years with the bid;

      (B) In the event that either the vendor, agent, or manufacturer has been in existence for less than five (5) years, that entity must submit an audited financial statement for each and every full year that they have been in existence;

      (ii) Proof of experience in the field of elections including, but not limited to, years of experience in this field and experience with a jurisdiction having the same needs as the state of Rhode Island; and

      (iii) Names and addresses of the support organizations that will provide support of all equipment.

      (b) The full service full-service plan shall include the following services, but, at the discretion of the department of administration office of the secretary of state, shall not be limited to the following services:

      (1) Computer coding and layout of all ballots to be used in each election under contract, in conjunction with, the office of the secretary of state, including the printing of the ballot and the preparation of the ballot reading device to ensure that the ballots are compatible with the ballot reading device. Subsequent thereto, the state board of elections shall be responsible for the following:

      (2) Testing of each unit for logic and accuracy;

      (3) Testing of each programmed memory cartridge device;

      (4) Set up of each optical-scan precinct count unit at each polling place;

      (5) Maintenance of all optical precinct count units;

      (6) Training of poll workers;

      (7) On-site election night staff at the central tabulation location and any other locations as may be determined by the state board to receive and transmit election results;

      (8) On-site election day field technicians to respond to repair calls;

      (9) Providing the following equipment and supplies:

      (i) Secrecy covers for voted ballots;

      (ii) Demonstration ballots;

      (iii) Precision-cut shell program ballots ready for printing with timing marks;

      (iv) Marking pens;

      (v) Ballot transfer cases;

      (vi) Envelopes for mailing and receiving absentee ballots; and

      (vii) Printer ribbons, paper tape rolls, and seals.

      (c) Any bid specifications proposal by an offeror for an optical scan a precinct count system and a full-service agreement for an optical-scan a precinct count system that do does not conform in all respects to the requirements of subdivisions (a)(1) -- (b)(9)(vii) of this section shall not be submitted to the office of the department of administration; provided, that the director of administration may waive any one of the requirements with respect to the full service agreement portion of the bid, after consultation with the chairperson of the state board of elections and the secretary of state, in order to preserve an otherwise acceptable bid may be accepted by the office of the secretary of state with the consent of the department of administration. The office of the secretary of state shall memorialize the acceptance of any bid proposal that does not conform with the requirements of subsections (a)(1) through (b)(9)(vii) of this section in each instance of such non-conformance.

      (d) Upon expiration of the initial full service agreement as set forth in the provisions of § 17-19-2.1, the The office of the secretary of state board periodically shall conduct a review of the election system, provide a report to the general assembly, and shall subsequently assume responsibility be responsible for establishing minimum requirements and specifications for the procurement of voting equipment and services.     


 

 

157)

Section

Amend Chapter Numbers:

 

17-19-8.2

176 and 201

 

 

17-19-8.2. State-of-the-art voting technology. -- (a) Given the development of the necessary state-of-the-art technology and the potential availability of federal funds, the secretary of state, as mandated by § 17-19-8.1, shall expand the special ballot service to as wide a range of voters with disabilities as possible. Accordingly, the secretary of state shall begin the process for the purchase of state-of-the-art voting equipment which can accommodate not only voters who are blind or visually impaired but also persons with other disabilities and afford all voters who are blind, visually impaired or disabled the opportunity to cast their ballot independently.

      (b) The ballot for the new voting equipment must be created from the same database used to create the ballot for the state's current optical scan precinct count system. Votes cast on the new voting equipment must be capable of being integrated into the state's current optical scan precinct count system by the board of elections. Duties and responsibilities with respect to ballot creation and preparation and maintenance of the integrated voting equipment would be delegated to the secretary of state and the state board of elections in substantially the same manner as outlined in § 17-19-3(b).

      (c) Funding for the procurement of this technology for each polling place shall be through federal funds appropriated to the state of Rhode Island pursuant to election reform legislation adopted by Congress in 2002. The office of the secretary of state when implementing the provisions of § 17-19-3 shall specify to the extent reasonably available state-of-the-art voting equipment that can accommodate voters who are blind, visually impaired, or are otherwise disabled, in order to afford all voters, regardless of abilities, an opportunity to cast their ballot privately and independently.


 

 

 

 

158)

Section

Amend Chapter Numbers:

 

17-19-21

260 and 275

 

 

17-19-21. Arrangement of polling places -- Election officials -- Police officers. -- (a) The polling places shall be established, equipped, and furnished with the paraphernalia necessary for the conduct of each election, by the officers and in the manner provided by this title. There shall be placed, outside each polling place, a clearly marked sign to be provided by the state board of elections indicating the location of the polling place. This sign shall be of a conspicuous nature, nature and shall be visible from the street. The area within which the balloting is conducted shall be arranged with a guard rail having one place for entrance and another place for exit. The rail shall be placed so that only persons admitted inside the rail can approach within five (5) feet of any voting booth or optical scan precinct count unit. The voting booths and optical scan precinct count unit shall be placed so that the warden and the clerk shall always have a clear view of the front of each voting booth and the optical scan unit. It shall be the duty of the warden to direct the location of the voting equipment in relation to the guard rail and the posts of the warden and the clerk so as to enforce the requirements of this section.

      (b) One bipartisan pair of supervisors, the clerk, and the warden shall be stationed, in that order, along the guard rail so that a voter desiring to cast a ballot will pass first in front of the bipartisan pair, then in front of the clerk, and finally in front of the warden. A second bipartisan pair shall be stationed within the guard rail and shall be available to relieve the first bipartisan pair or the clerk, clerk and to assist voters within the limits prescribed by this title. The second bipartisan pair, when not engaged in the preceding duties, shall watch the voters in and about the voting equipment and shall call to the attention of the warden any violation, or circumstance suggesting a violation, of the provisions of this title.

      (c) The chiefs of police of cities and towns, and town sergeants of towns having no chief of police, shall detail a certain number of police officers to each polling place as may be requested by the local board. The police officers shall preserve order at each polling place and within two hundred (200) feet of the polling place. It shall be the duty of every police officer or other peace officer or town or police constable to arrest without warrant any person detected in the act of violating the provisions of this chapter, but no arrest shall be made without the approval of the warden.

      (d) The election officials provided in subsections (a) and (b) of this section shall be provided with, and shall be required to prominently display upon their persons, identification badges which that shall designate that person as an election official. Powers and duties of all designated election officials at polls shall be posted in a conspicuous and prominent location within the voting place, preferably


 

 

159)

Section

Add Chapter Numbers:

 

17-19-021.1

26 and 41

 

 

17-19-21.1. Polling place bake sales. – Bake sales may be held at polling places as long as conduct does not interfere with the orderly conduct of the scheduled election.


 

 

 

 

160)

Section

Amend Chapter Numbers:

 

17-20-27

78 and 84

 

 

17-20-27. Sealing of ballots and voting list. -- The state board shall, at the completion of the count of all votes cast at any election, securely store all ballots cast in the election, and after the certification of the results of the elections, the state board shall place all ballots received from mail voters together with the certified envelopes containing the ballots in a steel box or package and shall seal the ballots and envelopes in open meetings of the board by affixing at least four (4) adhesive labels, and the members of the board shall sign the labels by affixing their signatures in ink to each of the labels, and thereafter no steel box or package shall upon any pretense be reopened by any person, except upon order of the general assembly or a court of competent jurisdiction, but shall be held by the board until the first day of September in the second (2nd) year after the ballots were cast for twenty-two (22) months , when they may then be destroyed. The certified copies of the voting lists of mail voters and the applications referred to in § 17-20-10 shall likewise be safely sealed and kept by the board for the same length of time.


 

 

161)

Section

Add Chapter Numbers:

 

17-25-5.2

20 and 23

 

 

17-25-5.2. Segregation of campaign funds. – (a) All campaign funds received and expended by a candidate, office holder, treasurer, or deputy treasurer, subject to the provisions of this chapter, shall be segregated from all other accounts. The candidate or office holder must maintain a separate campaign account, which shall not contain any non-campaign funds, at a financial institution that has a physical branch within this state. The comingling of a candidate's personal or business funds with campaign funds is expressly prohibited. As used herein, the term "financial institution" includes a bank or a credit union.    

      (b) Applicability to political action committees. - The provisions of this section shall apply to political action committees, as well as to individual candidates and office holders.


 

 

162)

Section

Amend Chapter Numbers:

 

17-25-10

20 and 23

 

 

17-25-10. Lawful methods of contributing to support of candidates -- Reporting -- Disposition of anonymous contributions. -- (a) No contribution shall be made or received, and no expenditures shall be directly made or incurred, to support or defeat a candidate except through:

      (1) The candidate or duly appointed campaign treasurer, or deputy campaign treasurers, of the candidates;

      (2) The duly appointed campaign treasurer or deputy campaign treasurers of a political party committee;

      (3) The duly appointed campaign treasurer or deputy campaign treasurer of a political action committee.

      (b) It shall be lawful for any person, not otherwise prohibited by law and not acting in concert with any other person or group, to expend personally from that person's own funds a sum which that is not to be repaid to him or her for any purpose not prohibited by law to support or defeat a candidate; provided, that any person making the expenditure shall be required to report all of his or her expenditures and expenses, if the total of the money so expended exceeds one hundred dollars ($100) within a calendar year, to the board of elections within seven (7) days of making the expenditure and to the campaign treasurer of the candidate or political party committee on whose behalf the expenditure or contribution was made, or to his or her deputy, within seven (7) days of making the expenditure, who shall cause the expenditures and expenses to be included in his or her reports to the board of elections. Whether a person is "acting in concert with any other person or group" for the purposes of this subsection shall be determined by application of the standards set forth in § 17-25-23.

      (c) Any anonymous contribution received by a candidate, campaign treasurer, or deputy campaign treasurer shall not be used or expended, but shall be returned to the donor, if the donor's identity can be ascertained; if not, the contribution shall escheat to the state.


 

 

163)

Section

Amend Chapter Numbers:

 

17-25-11

18 and 23

 

 

17-25-11. Dates for filing of reports by treasurers of candidates or of committees. -- (a) During the period between the appointment of the campaign treasurer for state and municipal committees and political action committees, or in the case of an individual, the date on which the individual becomes a "declared or undeclared candidate", as defined in § 17-25-3(2), except when the ninety- (90) day (90) reporting period ends less than forty (40) days prior to an election, in which case the ninety- (90) day (90) report shall be included as part of the report required to be filed on the twenty-eighth (28th) day next preceding the day of the primary, general, or special election pursuant to subdivision (2) of this subsection, and the election, with respect to which contributions are received or expenditures made by him or her in behalf of, or in opposition to, a candidate, the campaign treasurer of a candidate, a political party committee, or a political action committee shall file a report containing an account of contributions received, and expenditures made, on behalf of, or in opposition to a candidate:

      (1) At ninety- (90) day (90) intervals commencing on the date on which the individual first becomes a candidate, as defined in § 17-25-3(2);

      (2) In a contested election, on the twenty-eighth (28th) and seventh (7th) days next preceding the day of the primary, general, or special election; provided, that in the case of a primary election for a special election, where the twenty-eighth (28th) day next preceding the day of the primary election occurs prior to the first day for filing declarations of candidacy pursuant to § 17-14-1, the reports shall be due on the fourteenth (14th) and seventh (7th) days next preceding the day of the primary election for the special election; and

      (3) A final report on the twenty-eighth (28th) day following the election. The report shall contain:

      (i) The name and address and place of employment of each person from whom contributions in excess of a total of one hundred dollars ($100) within a calendar year were received;

      (ii) The amount contributed by each person;

      (iii) The name and address of each person to whom expenditures in excess of one hundred dollars ($100) were made; and

      (iv) The amount and purpose of each expenditure.

      (b) Concurrent with the report filed on the twenty-eighth (28th) day following an election, or at any time thereafter, the campaign treasurer of a candidate, or political party committee, or political action committee, may certify to the board of elections that the campaign fund of the candidate, political party committee, or political action committee having been instituted for the purposes of the past election, has completed its business and been dissolved or, in the event that the committee will continue its activities beyond the election, that its business regarding the past election has been completed; and the certification shall be accompanied by a final accounting of the campaign fund, or of the transactions relating to the election, including the final disposition of any balance remaining in the fund at the time of dissolution or the arrangements which that have been made for the discharge of any obligations remaining unpaid at the time of dissolution.

      (c) (1) Once the campaign treasurer certifies that the campaign fund has completed its business and been dissolved, no contribution which that is intended to defray expenditures incurred on behalf of, or in opposition to, a candidate during the campaign can be accepted. Until the time that the campaign treasurer certifies that the campaign fund has completed its business and been dissolved, the treasurer shall file reports containing an account of contributions received and expenditures made at ninety- (90) day (90) intervals commencing with the next quarterly report following the election; however, the time to file under this subsection shall be no later than the last day of the month following the ninety- (90) day (90) period, except when the last day of the month filing deadline following the ninety- (90) day (90) reporting period occurs less than twenty-eight (28) days before an election, in which case the report shall be filed pursuant to the provisions of subdivisions (a)(1) and (2) of this section. Provided, however, if the last day of the month falls on a weekend or a holiday, the report shall be due on the following business day.     (2) In addition to the reports required pursuant to this section, a candidate or office holder shall also file with the board of elections a paper copy of the account statement from the office holder's campaign account, which account statement shall be the next account statement issued by their financial institution after the filing of the fourth quarterly campaign expense report. The account statement shall be submitted to the board within thirty (30) days of its receipt by the candidate, officeholder, treasurer, or deputy treasurer. The account statement shall not be deemed a public record pursuant to the provisions of chapter 2 of title 38. The board of elections, its agents, and employees shall not publish, deliver, copy, or disclose, to any person or entity any account statement or information contained therein for any candidate, former candidate, officeholder, party, or political action committee. Provided, as to state and municipal political parties, the requirements of this subsection (c)(2) shall apply to the annual report required pursuant to § 17-25-7.

      (d) (1) There shall be no obligation to file the reports of expenditures required by this section on behalf of, or in opposition to, a candidate if the total amount to be expended in behalf of the candidacy by the candidate, by any political party committee, by any political action committee, or by any person shall not in the aggregate exceed one thousand dollars ($1,000).

      (2) However, even though the aggregate amount expended on behalf of the candidacy does not exceed one thousand dollars ($1,000), reports must be made listing the source and amounts of all contributions in excess of a total of one hundred dollars ($100) from any one source within a calendar year. Even though the aggregate amount expended on behalf of the candidacy does not exceed one thousand dollars ($1,000) and no contribution from any one source within a calendar year exceeds one hundred dollars ($100), the report shall state the aggregate amount of all contributions received. In addition, the report shall state the amount of aggregate contributions that were from individuals, the amount from political action committees, and the amount from political party committees.

      (e) On or before the first date for filing contribution and expenditure reports, the campaign treasurer may file a sworn statement that the treasurer will accept no contributions nor make aggregate expenditures in excess of the minimum amounts for which a report is required by this chapter. Thereafter, the campaign treasurer shall be excused from filing all the reports for that campaign, other than the final report due on the twenty-eighth (28th) day following the election.

      (f) A campaign treasurer must file a report containing an account of contributions received and expenditures made at the ninety- (90) day (90) intervals provided for in subsection (c) of this section for any ninety- (90) day (90) period in which the campaign received contributions in excess of a total of one hundred dollars ($100) within a calendar year from any one source and/or made expenditures in excess of one thousand dollars ($1,000) within a calendar year; however, the time to file under this subsection shall be no later than the last day of the month following the ninety- (90) day (90) period, except when the last day of the month filing deadline following the ninety- (90) day (90) reporting period occurs less than twenty-eight (28) days before an election, in which case the report shall be filed pursuant to the provisions of subdivisions (a)(1) and (2) of this section. Provided, however, if the last day of the month falls on a weekend or a holiday, the report shall be due on the following business day.

      (g) (1) The board of elections may, for good cause shown and upon the receipt of a written or electronic request, grant a seven- (7) day (7) extension for filing a report; provided, that the request must be received no later than the date upon which the report is due to be filed.

      (2) Any person or entity required to file reports with the board of elections pursuant to this section and who or that has not filed the report by the required date, unless granted an extension pursuant to subdivision (1) of this subsection, shall be fined twenty-five dollars ($25.00). Notwithstanding any of the provisions of this section, the board of elections shall have the authority to waive late filing fees for good cause shown.

      (3) The board of elections shall send a notice of non-compliance, by certified mail, to any person or entity who or that fails to file the reports required by this section. A person or entity who or that is sent a notice of non-compliance and fails to file the required report within seven (7) days of the receipt of the notice, shall be fined two dollars ($2.00) per day from the day of receipt of the notice of non-compliance until the day the report has been received by the state board. Notwithstanding any of the provisions of this section, the board of elections shall have the authority to waive late filing fees for good cause shown.


 

 

 

 

 

 

 

 

164)

Section

Amend Chapter Numbers:

 

19-4-9

82 and 105

 

 

19-4-9. Reports to general assembly. -- The director shall report annually to the general assembly the condition of make available, by electronic means, the annual reports filed by all financial institutions and credit unions regulated by him or her, her, with any recommendations as he or she may deem proper and shall provide such reports to members of the public and general assembly upon request.


 

 

165)

Section

Add Chapter Numbers:

 

19-9-35

200 and 202

 

 

19-9-35. Consumer privacy in mortgage applications. – (a) For purposes of this section, "mortgage trigger lead" means a consumer report obtained pursuant to section 604(c)(l)(B) of the federal Fair Credit Reporting Act, 15 U.S.C. § 1681b, where the issuance of the report is triggered by an inquiry made with a consumer reporting agency in response to an application for credit. "Mortgage trigger lead" does not include a consumer report obtained by a lender or servicer that holds or services existing indebtedness of the applicant who is the subject of the report.     

(b) With regard to a solicitation of a consumer for a residential mortgage loan, as defined in § 19-14.10-3, which solicitation is based, in whole or in part, on information contained in a mortgage trigger lead, the following shall be deemed to be a prohibited act or practice for purposes of §§ 19-4-12, 19-14-26 and 19-14.10-17:     

     (1) The failure to clearly and conspicuously state in the initial phase of the solicitation that the solicitor is not affiliated with the lender or broker with which the consumer initially applied;     

     (2) The failure to clearly and conspicuously state in the initial phase of the solicitation that the solicitation is based on personal information about the consumer that was purchased, directly or indirectly, from a consumer reporting agency without the knowledge or permission of the lender or broker with which the consumer initially applied;     

     (3) The failure in the initial solicitation to comply with the provisions of the federal Fair Credit Reporting Act relating to prescreening solicitations that use consumer reports, including the requirement to make a firm offer of credit to the consumer; or     

     (4) Knowingly or negligently using information from a mortgage trigger lead:     

     (i) To solicit consumers who have opted out of prescreened offers of credit under the federal Fair Credit Reporting Act; or      

     (ii) To place telephone calls to consumers who have placed their contact information on a federal or state "do not call" list.     

     (c) In addition to any other remedy provided by law, any lender or broker aggrieved by a prohibited act or practice under this section may bring an action in the superior court in which venue the lender or broker has an office to enjoin an act in violation of this section and recover damages. The court shall award damages in the amount of actual damages or one thousand dollars ($1,000) per violation, whichever is greater. In any successful action for injunctive relief or for damages, the court shall award the lender or broker attorneys' fees and costs, including court costs.     

     (d) The director or the director's designee may adopt reasonable rules and regulations for the implementation of the provisions of this section.


 

 

166)

Section

Amend Chapter Numbers:

 

19-14-1

82, 105, 250, and 268

 

 

19-14-1. Definitions. [Effective July 1, 2015.] -- Unless otherwise specified, the following terms shall have the following meanings throughout chapters 14, 14.1, 14.2, 14.3, 14.4, 14.6, 14.8, 14.10, and 14.11 of this title:

      (1) "Check" means any check, draft, money order, personal money order, or other instrument for the transmission or payment of money. For the purposes of check cashing, travelers checks or foreign denomination instruments shall not be considered checks. "Check cashing" means providing currency for checks;

      (2) "Deliver" means to deliver a check to the first person who, in payment for the check, makes, or purports to make, a remittance of, or against, the face amount of the check, whether or not the deliverer also charges a fee in addition to the face amount and whether or not the deliverer signs the check;

      (3) "Electronic money transfer" means receiving money for transmission within the United States or to locations abroad by any means including, but not limited to, wire, facsimile, or other electronic transfer system;

      (4) (i) "Lender" means any person who makes or funds a loan within this state with the person's own funds, regardless of whether the person is the nominal mortgagee or creditor on the instrument evidencing the loan;

      (ii) A loan is made or funded within this state if any of the following conditions exist:

      (A) The loan is secured by real property located in this state;

      (B) An application for a loan is taken by an employee, agent, or representative of the lender within this state;

      (C) The loan closes within this state;

      (D) The loan solicitation is done by an individual with a physical presence in this state; or

      (E) The lender maintains an office in this state.

      (iii) The term "lender" shall also include any person engaged in a transaction whereby the person makes or funds a loan within this state using the proceeds of an advance under a line of credit over which proceeds the person has dominion and control and for the repayment of which the person is unconditionally liable. This transaction is not a table-funding transaction. A person is deemed to have dominion and control over the proceeds of an advance under a line of credit used to fund a loan regardless of whether:

      (A) The person may, contemporaneously with, or shortly following, the funding of the loan, assign or deliver to the line of credit lender one or more loans funded by the proceeds of an advance to the person under the line of credit;

      (B) The proceeds of an advance are delivered directly to the settlement agent by the line-of-credit lender, unless the settlement agent is the agent of the line-of-credit lender;

      (C) One or more loans funded by the proceeds of an advance under the line-of-credit is purchased by the line of credit lender; or

      (D) Under the circumstances, as set forth in regulations adopted by the director, or the director's designee, pursuant to this chapter;

      (5) "Licensee" means any person licensed under this chapter;

      (6) "Loan" means any advance of money or credit including, but not limited to:

      (i) Loans secured by mortgages;

      (ii) Insurance premium finance agreements;

      (iii) The purchase or acquisition of retail installment contracts or advances to the holders of those contracts;

      (iv) Educational loans;

      (v) Any other advance of money; or

      (vi) Any transaction transaction, such as those commonly known as "payday loans," "payday loans", "payday advances," "payday advances", or "deferred-presentment loans," "deferred-presentment loans”, in which a cash advance is made to a customer in exchange for the customer's personal check, or in exchange for the customer's authorization to debit the customer's deposit account, and where the parties agree either, that the check will not be cashed or deposited, or that customer's deposit account will not be debited, until a designated future date.

      (7) "Loan broker" means any person who, for compensation or gain, or in the expectation of compensation or gain, either directly or indirectly, solicits, processes, negotiates, places, or sells a loan within this state for others in the primary market, or offers to do so. A loan broker shall also mean any person who is the nominal mortgagee or creditor in a table-funding transaction. A loan is brokered within this state if any of the following conditions exist:

      (i) The loan is secured by real property located in this state;

      (ii) An application for a loan is taken or received by an employee, agent, or representative of the loan broker within this state;

      (iii) The loan closes within this state;

      (iv) The loan solicitation is done by an individual with a physical presence in this state; or

      (v) The loan broker maintains an office in this state.

      (8) "Personal money order" means any instrument for the transmission or payment of money in relation to which the purchaser or remitter appoints, or purports to appoint, the seller as his or her agent for the receipt, transmission, or handling of money, whether the instrument is signed by the seller, or by the purchaser, or remitter, or some other person;

      (9) "Primary market" means the market in which loans are made to borrowers by lenders, whether or not through a loan broker or other conduit;

      (10) "Principal owner" means any person who owns, controls, votes, or has a beneficial interest in, directly or indirectly, ten percent (10%) or more of the outstanding capital stock and/or equity interest of a licensee;

      (11) "Sell" means to sell, to issue, or to deliver a check;

      (12) "Small loan" means a loan of less than five thousand dollars ($5,000), not secured by real estate, made pursuant to the provisions of chapter 14.2 of this title;

      (13) "Small-loan lender" means a lender engaged in the business of making small loans within this state;

      (14) "Table-funding transaction" means a transaction in which there is a contemporaneous advance of funds by a lender and an assignment by the mortgagee or creditor of the loan to the lender;

      (15) "Check casher" means a person or entity who or that, for compensation, engages, in whole or in part, in the business of cashing checks;

      (16) "Deferred-deposit transaction" means any transaction, such as those commonly known as "payday loans," "payday loans", "payday advances," "payday advances", or "deferred-presentment loans," "deferred-presentment loans”, in which a cash advance is made to a customer in exchange for the customer's personal check or in exchange for the customer's authorization to debit the customer's deposit account and where the parties agree either that the check will not be cashed or deposited, or that the customer's deposit account will not be debited until a designated future date;

      (17) "Insurance premium finance agreement" means an agreement by which an insured, or prospective insured, promises to pay to an insurance premium finance company the amount advanced, or to be advanced, under the agreement to an insurer or to an insurance producer, in payment of a premium, or premiums, on an insurance contract, or contracts, together with interest and a service charge, as authorized and limited by this title;

      (18) "Insurance premium finance company" means a person engaged in the business of making insurance premium finance agreements or acquiring insurance premium finance agreements from other insurance premium finance companies;

      (19) "Simple interest" means interest computed on the principal balance outstanding immediately prior to a payment for the actual number of days between payments made on a loan over the life of a loan;

      (20) "Nonprofit organization" means a corporation qualifying as a 26 U.S.C. § 501(c)(3) nonprofit organization, in the operation of which no member, director, officer, partner, employee, agent, or other affiliated person profits financially other than receiving reasonable salaries if applicable;

      (21) "Mortgage loan originator" has the same meaning set forth in § 19-14.10-3(6);

      (22) "Mortgage loan" means a loan secured in whole, or in part, by real property located in this state;

      (23) "Loan solicitation" shall mean an effectuation, procurement, delivery and offer, and advertisement of a loan. Loan solicitation also includes providing or accepting loan applications and assisting persons in completing loan applications and/or advising, conferring, or informing anyone regarding the benefits, terms and/or conditions of a loan product or service. Loan solicitation does not include loan processing or loan underwriting as defined in this section. Loan solicitation does not include telemarketing that is defined, for purposes of this section, to mean contacting a person by telephone with the intention of collecting such person's name, address, and telephone number for the sole purpose of allowing a mortgage loan originator to fulfill a loan inquiry;

      (24) "Processes" shall mean, with respect to a loan, any of a series of acts or functions, including the preparation of a loan application and supporting documents, performed by a person that leads to, or results in, the acceptance, approval, denial, and/or withdrawal of a loan application, including, without limitation, the rendering of services, including loan underwriting, obtaining verifications, credit reports or appraisals, communicating with the applicant and/or the lender or loan broker, and/or other loan processing and origination services, for consideration by a lender or loan broker. Loan processing does not include the following:

      (i) Providing loan closing services;

      (ii) Rendering of credit reports by an authorized credit reporting agency; and

      (iii) Rendering of appraisal services.

      (25) "Loan underwriting" shall mean a loan process that involves the analysis of risk with respect to the decision whether to make a loan to a loan applicant based on credit, employment, assets, and other factors, including evaluating a loan applicant against a lender's various lending criteria for creditworthiness, making a determination for the lender as to whether the applicant meets the lender's pre-established credit standards, and/or making a recommendation regarding loan approval;

      (26) "Negotiates" shall mean, with respect to a loan, to confer directly with, or offer advice directly to, a loan applicant or prospective loan applicant for a loan product or service concerning any of the substantive benefits, terms, or conditions of the loan product or service;

      (27) "Natural person employee" shall mean any natural person performing services as a bona-fide bona fide employee for a person licensed under § 19-14-1, et. seq., in return for a salary, wage, or other consideration, where such salary, wage, or consideration is reported by the licensee on a federal form W-2 payroll record. The term does not include any natural person or business entity performing services for a person licensed under the provisions of Rhode Island general laws in return for a salary, wage, or other consideration, where such salary, wage, or consideration is reported by the licensee on a federal form 1099;

      (28) "Bona fide employee" shall mean an employee of a licensee who works under the oversight and supervision of the licensee;

      (29) "Oversight and supervision of the licensee" shall mean that the licensee provides training to the employee, sets the employee's hours of work, and provides the employee with the equipment and physical premises required to perform the employee's duties;

      (30) "Operating subsidiary" shall mean a majority-owned subsidiary of a financial institution or banking institution that engages only in activities permitted by the parent financial institution or banking institution;

      (31) "Provisional employee" means a natural person who, pursuant to a written agreement between the natural person and a wholly owned subsidiary of a financial holding company, as defined in The Bank Holding Company Act of 1956, 12 U.S.C. § 1841, et seq., as amended, a bank-holding company, savings-bank-holding company, or thrift holding company, is an exclusive agent for the subsidiary with respect to mortgage loan originations, and the subsidiary: (a) Holds a valid loan broker's license; and (b) Enters into a written agreement with the director, or the director's designee, to include:

      (i) An "undertaking of accountability", in a form prescribed by the director, or the director's designee, for all of the subsidiary's exclusive agents to include full-and-direct financial and regulatory responsibility for the mortgage loan originator activities of each exclusive agent as if said exclusive agent were an employee of the subsidiary;

      (ii) A business plan, to be approved by the director, or the director's designee, for the education of the exclusive agents, the handling of consumer complaints related to the exclusive agents, and the supervision of the mortgage loan origination activities of the exclusive agents; and

      (iii) A restriction of the exclusive agents' mortgage loan originators' activities to loans to be made only by the subsidiary's affiliated bank.

      (32) "Multi-state licensing system" means a system involving one or more states, the District of Columbia, or the Commonwealth of Puerto Rico established to facilitate the sharing of regulatory information and the licensing, application, reporting, and payment processes, by electronic or other means, for mortgage lenders and loan brokers and other licensees required to be licensed under this chapter;

      (33) "Negative equity" means the difference between the value of an asset and the outstanding portion of the loan taken out to pay for the asset, when the latter exceeds the former amount;

      (34) "Loan-closing services" means providing title services, including title searches, title examinations, abstract preparation, insurability determinations, and the issuance of title commitments and title insurance policies, conducting loan closings, and preparation of loan closing loan-closing documents when performed by, or under the supervision of, a licensed attorney, licensed title agency, or licensed title insurance company;

      (35) "Servicing" means receiving a scheduled scheduled, periodic payment from a borrower borrower, pursuant to the terms of a loan, including amounts for escrow accounts, and making the payments to the owner of the loan or other third party of principal and interest and other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the servicing loan documents or servicing contract. In the case of a home equity conversion mortgage or a reverse mortgage, servicing includes making payment to the borrower;

      (36) "Third-party loan servicer" means a person who, directly or indirectly, engages in the business of servicing a loan made to a resident of Rhode Island, or a loan secured by residential real estate located in Rhode Island, for a personal, family, or household purpose, owed or due due, or asserted to be owed or due due, another or a person or entity that owns the servicing rights to a loan secured by residential real estate located in Rhode Island whether or not that owner services the loan themselves or contracts with another person or entity for the servicing; and

      (37) "Writing" means hard-copy writing or electronic writing that meets the requirements of § 42-127.1-1 et seq.


 

 

167)

Section

Amend Chapter Numbers:

 

19-14.10-3

200 and 202

 

 

19-14.10-3. Definitions. -- For purposes of this chapter, the following definitions shall apply:

      (1) "Depository institution" has the same meaning as in section 3 of the Federal Deposit Insurance Act, and includes any credit union.

      (2) "Federal banking agencies" means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the National Credit Union Administration, and the Federal Deposit Insurance Corporation.

      (3) "Immediate family member" means a spouse, child, sibling, parent, grandparent, or grandchild. This includes stepparents, stepchildren, stepsiblings, and adoptive relationships.

      (4) "Individual" means a natural person.

      (5) (i) "Loan processor or underwriter" means an individual who performs clerical or support duties as an employee at the direction of of, and subject to the supervision and instruction of of, a person licensed as a lender or as a loan broker, or exempt from licensing under chapters 19-14, or 19-14.1. 14 or 14.1 of title 19.

      (ii) For purposes of subsection (5)(i), "clerical or support duties" may include subsequent to the receipt of an application:

      (A) The receipt, collection, distribution, and analysis of information common for the processing or underwriting of a residential mortgage loan; and

      (B) Communicating with a consumer to obtain the information necessary for the processing or underwriting of a loan, to the extent that such communication does not include offering or negotiating loan rates or terms, or counseling consumers about residential mortgage loan rates or terms.

      (iii) An individual engaging solely in loan processor or underwriter activities, activities shall not represent to the public, through advertising or other means of communicating or providing information including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that such individual can or will perform any of the activities of a mortgage loan originator.

      (6) (i) "Mortgage loan originator" means:

      (A) An individual who, for compensation or gain or in the expectation of compensation or gain:

      (I) Takes a residential mortgage loan application; or

      (II) Offers or negotiates terms of a residential mortgage loan;

      (B) Does not include an individual engaged solely as a loan processor or underwriter except as otherwise provided in subsection § 19-14.10-4(c);

      (C) Does not include a person or entity that only performs real estate brokerage activities and is licensed or registered in accordance with Rhode Island law, unless the person or entity is compensated by a lender, a mortgage broker, or other mortgage loan originator or by any agent of such lender, mortgage broker, or other mortgage loan originator;

      (D) Does not include a person or entity solely involved in extensions of credit relating to timeshare plans, as that term is defined in § 101(53D) of title 11, United States Code, 11 U.S.C. § 101 (53D), as amended; and

      (E) Does not include a person (or its employees) engaged in servicing mortgage loans. For purposes of this exclusion, "servicing mortgage loans" means, on behalf of the note holder, collecting and receiving payments, including payments of principal, interest, escrow amounts, and other sums due, on obligations due and owing to the note holder pursuant to a residential mortgage loan, and, when the borrower is in default, default or in reasonably foreseeable likelihood of default, working with the borrower on behalf of the note holder and pursuant to the contract between the person servicing mortgage loans and the note holder, to modify but not refinance, either temporarily or permanently, the obligations, or otherwise finalizing collection of the obligation through the foreclosure process.

      (ii) "Real estate brokerage activity" means any activity that involves offering or providing real estate brokerage services to the public, including:

      (A) Acting as a real estate agent or real estate broker for a buyer, seller, lessor, or lessee of real property;

      (B) Bringing together parties interested in the sale, purchase, lease, rental, or exchange of real property;

      (C) Negotiating, on behalf of any party, any portion of a contract relating to the sale, purchase, lease, rental, or exchange of real property (other than in connection with providing financing with respect to any such transaction);

      (D) Engaging in any activity for which a person engaged in the activity is required to be registered or licensed as a real estate agent or real estate broker under any applicable law; and

      (E) Offering to engage in any activity, or act in any capacity, described in subparagraphs (A), (B), (C), or (D) of this section.

      (7) "Nationwide Mortgage Licensing System and Registry" means a mortgage licensing system developed and maintained by the conference of state bank supervisors and the American association of residential mortgage regulators Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of licensed mortgage loan originators.

      (8) "Nontraditional mortgage product" means any mortgage product other than a thirty (30) year fixed rate thirty-year (30) fixed-rate mortgage.

      (9) "Person" means a natural person, corporation, company, limited liability limited- liability company, partnership, association, or any other entity however organized.

      (10) "Registered mortgage loan originator" means any individual who:

      (i) Meets the definition of mortgage loan originator and is an employee of:

      (A) A depository institution;

      (B) A subsidiary that is:

      (1) Owned and controlled by a depository institution; and

      (2) Regulated by a Federal banking agency; or

      (C) An institution regulated by the farm credit administration; and

      (ii) Is registered with, and maintains a unique identifier through, the nationwide mortgage licensing system and registry. Nationwide Mortgage Licensing System and Registry.

      (11) "Residential mortgage loan" means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent equivalent, consensual security interest on a dwelling (as defined in § 103(v) of the Truth in Lending Act) or residential real estate upon which is constructed or intended to be constructed a dwelling (as so defined).

      (12) "Residential real estate" means any real property located in Rhode Island, Rhode Island upon which is constructed constructed, or intended to be constructed constructed, a dwelling.

      (13) "SAFE Act" means the Secure and Fair Enforcement for Mortgage Licensing Act, comprising §§ 1501-1517 of the Housing and Economic Recovery Act of 2008, Public Laws 110-289.

      (14) "Unique identifier" means a number or other identifier assigned by protocols established by the nationwide mortgage licensing system and registry.


 

 

168)

Section

Amend Chapter Numbers:

 

19-26-13

260 and 275

 

 

19-26-13. Search of premises on warrant. -- Whenever complaint shall be made by any person, on oath to a judge, that any property belonging to that person has been lodged or pledged without his or her consent with any pawnbroker and that the complainant believes the property to be in some house or place within the county where the complaint is made, the judge shall, if satisfied of the reasonableness of that belief, issue a warrant directed to the division of sheriffs, or to either of the town sergeants or town constables in the county, commanding them to search for the property alleged to have been so lodged or pledged and to seize and bring the property before the division of the district court. The warrant shall be issued and served as search warrants are now by law required to be issued and served.


 

 

169)

Section

Add Chapter Numbers:

 

20-1-12.1

170 and 193

 

 

20-1-12.1. Modifications to possession limits and seasons for marine species managed under quotas. -- (a) In accordance with regulatory programs promulgated pursuant to the administrative procedures act, chapter 35 of title 42; and pursuant to the exemption afforded by § 42-35-18(b)(5); and notwithstanding the provisions of chapter 35.1 of title 42, the director shall have the authority to modify possession limits and seasons in order to meet the harvest allocation for a given marine species managed under a quota.     

     (b) Notification of changes to public. For all such changes identified in subsection (a) of this section, the director shall provide notification via a dedicated phone line, electronic notification to dealers, listserv, and website posting. At least three (3) of these notifications shall occur a minimum of forty-eight (48) hours prior to the date that the change is to be effective.     

     (c) Record of change. For all such changes identified in subsection (a) of this section, the director shall certify the record of the change, maintain the record, and make it available for public inspection.


 

 

170)

Section

Amend Chapter Numbers:

 

20-2.1-4

177 and 199

 

 

20-2.1-4. Licenses -- General provisions governing licenses issued. -- (a) Licenses and vessel declarations required. - It shall be unlawful for any person in Rhode Island or the waters of the state: (1) to To catch, harvest, or to hold or transport for sale in Rhode Island any marine finfish, crustacean, or shellfish without a license issued under the provisions of this title, provided, however, that marine finfish, crustaceans, or shellfish may be transported by a duly licensed dealer if the marine finfish, crustaceans, or shellfish has have previously been sold by a duly licensed person, or (2) to To engage in commercial fishing from a vessel unless the vessel has been declared a commercial fishing vessel as provided in § 20-2.1-5(2) and has a decal affixed to it or is displaying a plate.